November 15, 2023
Subject: Request for Proposals – Engineering Design Services for Sewer Main
Replacement Project on Almansor Street
The City of Alhambra is requesting a proposal from your firm for professional engineering
design services for Sewer Main Replacement Project on Almansor Street. A copy of the
Request for Proposals (RFP) is attached for your review and consideration.
Proposals are due by 4:00 P.M. on Thursday, December 14th, 2023. Please submit one (1)
original and two (2) copies of the proposal to the City of Alhambra, Attn: Thomas Amare
Engineering Associate, Utilities Department, 111 South First St., Alhambra, CA 91801.
Should you have any questions please feel free to contact Thomas Amare, Engineering
Associate at (626) 300-1562. We are looking forward to having an opportunity to review
your proposal.
Proposals must be received no later than 4:00 P.M. on Thursday, December 14th,
2023.Cost proposal shall be submitted under a separate cover indicating on the
envelope “Sealed Cost Proposal-Do Not Open with Regular Mail.”
Send or hand-deliver proposals to:
City of Alhambra - Utilities Department
Attention: Thomas Amare
111 South First Street
Alhambra, California 91801
Best regards,
Dennis Ahlen
Deputy Director of Utilities
CITY OF ALHAMBRA
UTILITIES DEPARTMENT
R F P 2M23-29
CONTRACTS DOCUMENTS AND REQUEST FOR PROPOSAL
FOR
ENGINEERING DESIGN SERVICES FOR
SEWER MAIN REPLACEMENT PROJECT ON
ALMANSOR STREET
CITY OF ALHAMBRA
111 SOUTH FIRST STREET
ALHAMBRA, CA 91801
PROPOSALS DUE NO LATER THAN 4:00 P.M. ON THURSDAY, DECEMBER 14th, 2023.
ENGINEERING DESIGN SERVICES FOR
SEWER MAIN REPLACEMENT PROJECT ON
ALMANSOR STREET
GENERAL INFORMATION
Award of contract by the City Council, if any, will be made in the best interest of the City and shall be
based upon various factors, including but not limited to the following: proposer’s qualifications,
experience, reputation, responsiveness, availability and cost. The City of Alhambra reserves the right to
accept or reject any or all Proposals, to be the sole judge of the merits and qualifications of the services
and/or items offered and the ability of Proposer to responsibly perform. The City reserves the right to
waive any irregularities or informalities in any Proposal submitted or in the procedure. An award of
contract may be made to other than the firm offering the lowest costs. Proposal may not be withdrawn for
a period of sixty (60) days after the time Proposals are due.
The successful bidder shall meet all insurance requirements of the City including, but not limited to, the
provisions of personal and property liability including automobile coverage and Workers Compensation
in the limits acceptable to the City. All required insurance shall name the City of Alhambra as Additional
Insured.
GENERAL SYSTEM INFORMATION
Description of the Sewer System
The City of Alhambra’s Utilities Department sanitary sewer system is made up by 129 miles of sewer
pipe, 2800 manholes, and seven lift stations with 7,800 feet of forced mains.
DESCRIPTION
The City’s Sewer System Rehabilitation Plan identified this project as one of the priorities to improve the
aging infrastructure and improve capacity with the primary consideration of health and safety of the
public and the protection of the environment by minimizing the possibility of sewage spills and
overflows. The sewer main on Almansor Street at Lindaraxa Park has a lower slope and may cause the
system to be surcharged during peak wet weather conditions. Therefore, it recommended replacing
approximately 300 feet of existing 8-inch VCP sewer main so that the slope of the pipe be increased. The
project is also including remove and replace existing sewer manholes and street pavement.
PROPOSED SCHEDULE
The city anticipates the project schedule to be as follows:
November 15, 2023 Distribution of Requests for Proposals
November 28, 2023 Submit Written Questions to the City
December 14, 2023 Proposals due no later than 4:00 p.m.
December 21, 2023 Review of Proposals
December 21, 2023 Negotiations (if necessary)
January, 2024 Contract Award by the City Council
February, 2024 Execution of Contract and Notice to Proceed
The City of Alhambra reserves the right to adjust this schedule as necessary.
SUBMITTAL DEADLINE AND PROPOSAL CONTENTS
The entire proposal package must be returned in its entirety with all requested information completed.
Proposals shall be delivered in a sealed envelope via regular mail, overnight or other carrier, or hand
delivered not later than 4:00 P.M. on Thursday, December 14th, 2023, at the following location: City
of Alhambra, Utilities Department, 111 S. First Street, Alhambra, CA, 91801. Indicate on the Sealed
Envelope – Do Not Open with Regular Mail.
Copies of the cost proposal shall be submitted under a separate cover, in a sealed envelope, properly
labeled as stated under Item 11 under “Proposal Elements”, and shall be delivered or mailed to the same
address shown above on the same day and time with the project Proposal. Facsimile or e-mail submittals
will not be accepted. The proposing firm should provide the City with an original and two (2) copies of
the proposal and the cost proposal.
All responses must be completed as required, signed by an official of the firm who is authorized to enter
into a binding agreement with the City on behalf of the company, and must be received in the place and
by the time designated in this document.
QUALIFYING EXPERIENCE
The engineering consultant selected to perform the above-described work shall demonstrate proven
experience in sewage conveyance engineering including public sanitary sewer system planning, and
lining projects. The firms to be considered for this work effort shall have completed at least three (3)
public sanitary sewage system engineering design projects of similar size and complexity within the last
five (5) years.
PROPOSAL ELEMENTS
In order to assist the selection committee in making a determination, the City requires that all Proposers
adhere to the response format outlined below. Firms failing to meet this requirement will be negatively
evaluated. Missing sections or inadequate information presented may mean disqualification of the
company from consideration. Responses shall be simply prepared, brief and to the point. Needlessly
lengthy documents filled with extraneous material will not be favorably received.
Responses to this Request for Proposal shall include the following in this order:
1. Cover Letter.
2. Table of Contents.
3. Introduction/Executive Summary. Highlight the company’s unique qualifications and relevant
experience.
4. Consultant understanding of the project and approach to the work. Include scope of work listing tasks,
descriptions, methods, and techniques.
5. A staffing chart by job description or title. Indicate which staff are in-house and which are subconsultants.
6. Designation of Sub-Contractors/Sub-Consultants Form
7. References Form. A listing of a minimum of three (3) clients for whom similar work has been
performed in the last five (5) years, including individual contact person, address and phone number
who is familiar with the project.
8. Proposer Information Form.
9. A description of the firm's and any sub-consultant’s experience relating specifically to the design and
engineering of state-of-the-art sewage conveyance facilities and attendant sewer system improvements.
10. Cost Proposal Form shall be provided in a separate sealed envelope marked "Cost Proposal - City
To Alhambra RFP2M23-29 Engineering Design Services for Sewer Main Replacement
Project on Almansor Street. The cost proposal shall be prepared on an hourly rate not-to-exceed
basis. Include a time and materials reimbursement schedule and an hourly rate for each position.
11. Acceptance of Conditions Statement. This will be a statement offering the proposer’s acceptance of
all conditions listed the Request for Proposals document. Any exception on the contractor’s behalf
must be stated in the proposal including any exemptions to provisions in Sample Contract.
12. Additional Data. This section may contain material not specifically requested for the evaluation, but
which the proposer wishes to submit. This may include brochures, pictures, a general narrative, and a
statement of additional services the proposing firm may wish to provide.
13. Appendix/Attachments.
14. Construction Supporting Services for the length of the Project.
SELECTION CRITERIA
The City intends to retain the engineering firm whose proposal it believes is most advantageous to the
City. Evaluation of the proposal will be based on qualifications of the respondents. The City wishes to
hire a firm with significant professional credentials. Selection will be made on the following factors:
1. Qualifications of the project team, including personnel and sub consultants.
2. Relevant recent project experience, particularly in the region.
3. Overall Cost.
4. Project references.
5. Soundness of technical approach.
6. Ability to meet required timelines.
7. Quality of proposal response and adherence to required format.
DISCRETION AND LIABILITY WAIVER
The City reserves the right to reject all proposals or to request and obtain, from one or more of the
engineering firms submitting proposals, supplementary information as may be necessary for City staff to
analyze the proposals pursuant to the consultant selection criteria contained herein. The City is not liable
for the costs incurred by the proposers for the preparation of the proposals.
The consultant, by submitting a response to this Request for Proposal, waives all rights to protest or seek
any legal remedies whatsoever regarding any aspect of this Request for Proposal.
All proposals shall be binding for a period of sixty (60) days after the delivery date and may be retained
by the City for examination and comparison.
INSURANCE REQUIREMENTS
Upon Award of Contract by the City Council, the consultant shall provide the City with required
Certificates of Insurance evidencing minimum coverage of $1,000,000 in Professional Liability,
Contractual General Liability and Automobile Liability coverage, naming the City of Alhambra as
Additional Insured. The insurance requirements are clearly described in the Sample Agreement for
Consultant Services included herein.
BUSINESS LICENSE REQUIREMENT
Upon Award of Contract, the consultant shall obtain a City of Alhambra Business License and maintain
one throughout the term of the contract.
GENERAL REQUIREMENTS
Purpose - The purpose of the Request for Proposals (RFP2M23-29) is to solicit proposals from qualified
engineering consulting firms with extensive, proven experience in design, engineering, preparation of
plans and specifications, project and construction support services.
City Option to Reject all Proposals - The City may, at its sole discretion, reject any and all proposals
submitted in response to this RFP. The City will not be liable for any costs incurred in connection with
the preparation and submittal of any proposal. The City reserves the right to waive any irregularities in a
submitted proposal.
Contract Sum - All proposals will include a specific cost proposal in a not-to-exceed amount, based
upon the description of services and scope of work to be performed.
Contract Payment - Payment to contractor will be made in arrears on a monthly basis for services
performed, provided that the contractor is not in default under any provisions of this agreement.
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code.
Compliance with the prevailing rates of wages and apprenticeship employment standards established by
the State Director of Industrial Relations will be required.
Equal Opportunity Clause - Contractors shall ensure against discrimination in employment practices on
the basis of race, color, national origin, ancestry, sex or religion will be required.
The City of Alhambra hereby ensures that minority business enterprises will be afforded full opportunity
to submit proposals in response to this notice and will not be discriminated against on the basis of race,
color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.
Equal Opportunity Employment Compliance - Proposer certifies that it has sought out and considered
minority business enterprises for those portions of the work to be sub-contracted and has fully
documented such actions that said documentation is open to inspection, and that said action will remain in
effect for the life of any contract awarded hereunder.
Furthermore, Proposer certifies that all steps will be taken to meet all equal employment opportunity
requirements of the contract documents. Proposer certifies that in all previous contracts or subcontracts,
all reports which may have been due under the requirements of any agency, State, or Federal equal
employment opportunity orders have been satisfactorily filed, and that no such reports are currently
outstanding.
Legal Responsibilities - All proposals must be submitted, filed, made, and executed in accordance with
State and Federal laws relating to proposals for contracts of this nature whether the same or expressly
referred to herein or not. Any company submitting a proposal will by such action thereby agree to each
and all of the terms, conditions, provision, and requirements set forth, contemplated, and referred to in the
Request for Proposal, and other contract documents, and to full compliance therewith.
Interpretation of Documents - A person in doubt as to the meaning of any part of the contract
documents, or finds discrepancies, in, or omissions, may submit to the City a written request for an
interpretation or correction thereof. The person submitting the request will be responsible for its prompt
delivery. Any interpretation or correction of the contract documents will be made only by addendum duly
issued and a copy of such addenda will be faxed to each person receiving a set of the contract documents.
No oral interpretation of any provision in the contract will be made to any Proposer.
Discrepancies and Misunderstandings - Contractors and consultants must satisfy themselves by
personal examination of the work site, specifications, and other contract documents, and by any other
means as they may believe necessary, as to the actual physical conditions, requirements and difficulties
under which the work must be performed. No contractor or consultant will at any time after submission
of a proposal make any claim or assertion that there was any misunderstanding or lack of information
regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors,
omissions, or discrepancies called to the attention of the City of Alhambra will be clarified by the City in
writing to all proposers prior to the submission of proposals.
Proposer Interested in More than One Proposal - No person, firm, or corporation will be allowed to
make or file, or be interested in more than one proposal for the same work unless alternate bids are
specifically called for. No proposal will be accepted from a consultant who has not been licensed in
accordance with the provisions of the State Business and Professional Code.
Listing Sub-contractors, Vendors and Sub-consultants - Each Proposer will submit a list of the
proposed subcontractors of this project as required by the Subletting and Subcontracting Fair Practice Act
(Govt. Code Sec 4100 et seq.) Forms for this purpose are furnished herein.
Non-Collusion Affadavit - Proposer declares that the only persons or parties interested in this proposal
as principals are those named herein; that no officer, agent, or employee of the City of Alhambra is
personally interested, directly or indirectly, in this proposal; that this proposal is made without connection
to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all
respects fair and without collusion or fraud.
The following is a general outline of the scope of work for the design, specification, and construction
management for the lining of four sewers in need of repair
SCOPE OF SERVICES
The following is a general outline of the scope of work for the design, specification, and construction
support for the replacement of approximately 300 feet of existing 8” sewer main pipe and street
improvements. The scope as presented is considered comprehensive and will be utilized to evaluate the
proposals received as the baseline for comparison. The proposal should contain the cost associated with
designing and preparing the following:
Task 1
? Prepare Plans Profile drawings in the City Standard Format showing the sewer mainline
replacement.
? Preparation project specifications.
? Connection details to existing City Infrastructure.
? Street Improvement plan including replacing damaged curb and gutter, sidewalk, ADA ramps
? Preparation of Surveying, by-pass pumping (proposed plan), Potholing (minimum
10 potholing)
? Preparation of bid documents.
? Preparation of construction cost estimate.
? Submission of plans at the 60%, 90% (electronically), and three sets of final completion of Plan
and Specification
? Signed and sealed mylar drawings, hard copy, and specifications; and electronic files of the as
built plan and specifications.
Task 2 Preparation of Engineers Estimate
An Engineers Estimate of Probable Construction Cost shall be prepared by the Consultant at the
60%, 90% and Final Stage of design submittals, to allow the City the flexibility to make ongoing
decisions as to the scope and extent of the proposed work.
Task 3 Construction Support Services
The Consultant shall provide construction management support services including attending the
pre-bid meeting, addressing questions from contractors during bidding, preparation of
Addendum, review and response for all shop drawings and submittals, response to all Requests
for Clarification (RFC) and to all Requests for Information (RFI) before and during construction.
The consultant shall also budget time to attend progress meeting (as needed) during the
construction.
PROPOSER INFORMATION
Proposer certifies that the following information it true and correct:
Firm Name:
______________________________________________________________________________
Proposer’s Name:
______________________________________________________________________________
Form of Legal Entity (i.e., individual, partnership, corporation, etc.)
______________________________________________________________________________
If a Corporation, State of Incorporation (i.e., Calif.) ____________________________________
Business Address:
_____________________________________________________________________________
______________________________________________________________________________
Telephone: _______________________________ Fax: ________________________________
Email: _______________________________________________________________________
Engineer’s License No.: _________________________________________________________
Original Date Issued: ________________________ Expiration Date: ______________________
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and/or corporate officers having a principal interest in this
proposal:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
The date of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal are as follows:
______________________________________________________________________________
______________________________________________________________________________
DESIGNATION OF SUBCONSULTANTS
Proposer proposes to subcontract certain portions of the work, which are in excess of one-half of
one percent of the bid, and to procure materials and equipment from suppliers and vendors as
follows:
NAME, ADDRESS AND PHONE
NUMBER OF SUBCONSULTANTS,
SUPPLIERS AND VENDORS
PORTION OF WORK MATERIALS OR
EQUIPMENT
REFERENCES
The following are the names, addresses, and telephone number for three AGENCIES for which
proposer has performed similar engineering consulting work for within the past three (3) years.
1. ______________________________________________________________________________
Name and address
_________________________________________________________________________________
Name and telephone number of person familiar with project
_________________________________________________________________________________
Contract amount Type of work Date completed
2. _______________________________________________________________________________
Name and address
_________________________________________________________________________________
Name and telephone number of person familiar with project
_________________________________________________________________________________
Contract amount Type of work Date completed
3. _______________________________________________________________________________
Name and address
_________________________________________________________________________________
Name and telephone number of person familiar with project
_________________________________________________________________________________
Contract amount Type of work Date completed
The following are the names, addresses, and telephone numbers for all brokers and sureties from
whom bidder intends to procure insurance bonds:
_________________________________________________________________________________
_________________________________________________________________________________
COST PROPOSAL FORM
Pursuant to and in compliance with your Request for Proposals and the other documents relating
thereto, the undersigned proposer, having familiarized himself/herself with the work as per the
paragraph, “Discrepancies and Misunderstandings,” contained in the “INSTRUCTIONS TO FIRMS
SUBMITTING PROPOSALS” section, and with the terms of the contract, the local conditions
affecting the performance of the contract, and the cost of the work at the place where the work is done,
and specifications and other contract documents, hereby proposed and agrees to perform, within the
time stipulated, the contract, including all of its component parts, and everything required to be
performed, and to provide and furnish any and all of the labor, materials, tools expendable equipment,
and all applicable taxes, utility and transportation services necessary to perform, the contract and
complete in a workmanlike manner all of the work required in connection with RFP2M23-29
Engineering Design Services for Sewer Main Replacement Project on Almansor Street all in strict
conformity with the specifications and other Contract Documents on file at the office of the City Clerk
of the city, for the following lump sum bid:
The furnishing of all labor, supplies and materials, methods, processes, tools, implements, machinery,
transportation, insurance and bonds for or incidental to providing the City's Professional Engineering
Services
Cost Proposal Form shall be provided in a separate sealed envelope marked "Cost Proposal - City of
Alhambra Engineering Design Services for Sewer Main Replacement Project on Almansor Street.
The cost proposal shall be prepared on an hourly rate not to-exceed basis and should include a time and
materials reimbursement schedule and an hourly rate for each position.
Company:
Address:
Proposer’s Name:
Proposer’s Title:
Proposer’s Signature:
Date:
AGREEMENT FOR PROFESSIONAL SERVICES
Contract No. _________
This AGREEMENT FOR PROFESSIONAL SERVICES (“AGREEMENT”) is made and entered
into effective as of the _____ day of _______________, 20__, by and between the CITY OF
ALHAMBRA, a charter law city, located at 111 South First Street, Alhambra, CA 91801, (“CITY”)
and ____________________________[inset corporation, LLC, partnership etc.], located at
_________________________________ (“CONSULTANT”).
W I T N E S S E T H:
For and in consideration of the promises and of the mutual covenants and agreements herein contained,
said parties hereby agree as follows:
RECITALS. This AGREEMENT is made and entered into with respect to the following facts:
CITY requires professional ____________ services (“SERVICES”); and
On _______________, 200_, CITY issued a Request for Proposals #__________ (“RFP”) to
obtain professional ________________ services for the CITY’s and based on review
and rating of RFPs received CONSULTANT was selected; and
CONSULTANT is qualified to provide those certain services to the CITY necessary for said
SERVICES; and, therefore, the Alhambra City Council has elected to engage the
services of CONSULTANT upon the terms and conditions hereinafter set forth.
SCOPE OF SERVICES.
CONSULTANT shall furnish to the City all labor, materials, tools, equipment, services, and
incidental customary work necessary to fully and adequately perform those services
described in CONSULTANT’s Proposal for Services dated _____________,
(“PROPOSAL”) consistent with the CITY’s Request for Proposals dated
__________________ (“RFP”) attached hereto as Exhibits “A” and “B” respectively
and hereby incorporated by reference.
Performance of the SERVICES specified herein is made an obligation of CONSULTANT
under this AGREEMENT, subject to any changes made subsequently upon the mutual
written agreement of the parties.
The scope of services to be performed by CONSULTANT under this AGREEMENT shall
include, but not be limited to, those services specified in Paragraph 2A hereof.
PERFORMANCE STANDARDS. While performing this AGREEMENT CONSULTANT will use
the appropriate generally accepted professional standards of practice existing at the time of
performance utilized by persons engaged in providing similar services. CONSULTANT shall
cooperate with CITY if CITY opts to monitor CONSULTANT’s services. CITY will notify
CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such
notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the
deficiencies will be borne by CONSULTANT.
FAMILIARITY WITH WORK.
By executing this AGREEMENT, CONSULTANT agrees that, to the best of
CONSULTANT’s knowledge and belief, CONSULTANT has
Carefully investigated and considered the scope of services to be performed;
Carefully considered how the services should be performed; and
Understands the facilities, difficulties, and restrictions attending performance of the
services under this Agreement.
If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will
investigate the site and is or will be fully acquainted with the conditions there existing,
before commencing the services hereunder. Should CONSULTANT discover any
latent or unknown conditions that may materially affect the performance of the services,
CONSULTANT will immediately inform CITY of such fact and will not proceed
except at CONSULTANT’s own risk until written instructions are received from CITY.
CITY SUPERVISION. The Director of the Department of _____________ of CITY, or the
Director’s designee, shall have the right of general supervision of all work performed by
CONSULTANT and shall be the CITY’s agent with respect to obtaining CONSULTANT’s
compliance hereunder. No payment for any services rendered under this AGREEMENT shall be made
without the prior approval of the Director of ____________ or the Director’s designee.
FEE. Compensation to CONSULTANT for the total services to be rendered pursuant to this
AGREEMENT shall be in an amount not to exceed $______________ to be billed in a manner
described in CONSULTANT’s PROPOSAL, consistent with the CITY’s RFP. If any discrepancies
exist between the RFP and the CONSULTANT’s PROPOSAL exist, then the terms of the RFP shall
control.
EXTRA SERVICES. Notwithstanding any other provision herein, no extra services shall be rendered
by CONSULTANT under this AGREEMENT unless such extra services first shall have been
authorized in writing by the CITY. Any such services so authorized shall be paid by the CITY at rates
approved of by the CITY.
PAYMENT BY CITY. CONSULTANT shall send invoices to the City on a monthly basis, based
upon the services already rendered at the time of the submission. City shall pay all proper costs within
thirty (30) days of receipt of such invoice(s).
TERM. The term of this AGREEMENT shall be as provided for in the RFP from after the date on
which the CITY issues CONSULTANT a Notice to Commence Work. CONSULTANT shall
complete all those services set forth in its PROPOSAL by that certain date set forth in said Notice to
Commence Work or until such time as the services have been completed by the CONSULTANT and
accepted by the CITY, whichever occurs first. The CITY may extend said time of completion for
delays caused by circumstances beyond the control of either party to this AGREEMENT. Should the
consulting contract extend beyond the estimated time for completion of said services, CITY hereby
reserves the right to continue CONSULTANT’s services hereunder with any and all fees for such
additional services to be compensated by the CITY at rates approved by the CITY.
DISPUTES AND REMEDIES.
Claims, disputes, and other matters in question between the Parties arising out of or relating to
this AGREEMENT or the breach thereof, must be resolved by the following procedure:
CITY and CONSULTANT will exercise their best efforts to resolve disputes through
the development of a consensus. A meeting may be requested by CITY or
CONSULTANT at any time for the purpose of resolving a dispute. A
determination by CITY’S Director of the Department of ___________________
will be made within two (2) weeks after a meeting to resolve the dispute;
If unresolved within thirty (30) days, then City Manager, or his designee, will make a
final determination;
Following the City Manager’s final determination, the Parties may submit any
unresolved matters to non-binding mediation. The parties may, but are not
required to be, represented by counsel in mediation;
If the Parties do not agree to mediation, or if mediation does not resolve the Parties’
dispute, the matter may be pursued in Los Angeles County Superior Court, or
the United States District Court, Central District of California, if federal
jurisdiction exists.
The Parties’ rights and remedies under this Agreement are in addition to any other rights and
remedies provided by law.
PREVAILING WAGE. CONSULTANT is aware of the requirements of California Labor Code
Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section
1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the
performance of other requirements on “public works” and “maintenance” projects. If the SERVICES
are being performed as part of an applicable “public works” or “maintenance” project, as defined by
the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONSULTANT agrees to
fully comply with such Prevailing Wage Laws. The CITY shall provide CONSULTANT with a copy
of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
CONSULTANT shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the SERVICES available to interested parties upon
request, and shall post copies at the Consultant’s principal place of business and at the project site.
CONSULTANT shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claim or liability arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws.
TERMINATION OF AGREEMENT. The CITY may terminate this AGREEMENT upon giving a
ten (10) day advance written notice of such termination to CONSULTANT. In that event, the City
Manager, or his designee, based upon work accomplished by CONSULTANT prior to notice of such
termination, shall determine the amount of fees to be paid to CONSULTANT for such services based
upon accepted accounting practices. This finding by the City Manager, or his designee, shall be
considered by the Alhambra City Council and the Council’s determination shall be final and
conclusive as to the amount of such fee.
INDEPENDENT CONTRACTOR. CONSULTANT shall act as an independent contractor in the
performance of the services provided for in this AGREEMENT and shall furnish such services in
CONSULTANT’s own manner and method and in no respect shall CONSULTANT be considered an
agent or employee of the CITY.
OWNERSHIP OF DOCUMENTS. All financial documents, data, studies, and reports prepared by
CONSULTANT under this AGREEMENT are CITY’s property. CONSULTANT may retain copies
of said documents and materials as desired, but will deliver all original materials to CITY upon
CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for
purposes other than identified in this AGREEMENT, or use of incomplete work product, is at CITY’s
own risk. CITY will indemnify and hold CONSULTANT harmless for any use of the work product
other than as contemplated by this AGREEMENT.
PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this
AGREEMENT, no copies, sketches, or graphs of materials, including graphic art work, prepared
pursuant to this Agreement, will be released by CONSULTANT to any other person or City without
CITY’s prior written approval. All press releases, including graphic display information to be
published in newspapers or magazines, will be approved and distributed solely by CITY, unless
otherwise provided by written agreement between the parties.
NONASSIGNMENT. This AGREEMENT is not assignable either in whole or in part by
CONSULTANT without the written consent of CITY.
TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a valid
Taxpayer Identification Number.
PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during
the term of this AGREEMENT, all necessary permits, licenses, and certificates that may be required in
connection with the performance of services under this Agreement.
INDEMNIFICATION.
CONSULTANT hereby agrees to the following:
Indemnification for Professional Services. CONSULTANT will save harmless and
indemnify CITY and, at CITY’s request, reimburse defense costs for CITY and
all its officers, volunteers, employees and representatives from and against any
and all suits, actions, or claims, of any character whatever, brought for, or on
account of, any injuries, including death or damages sustained by any person or
property resulting or arising from any negligent or wrongful act, error or
omission by CONSULTANT or any of CONSULTANT’s officers, agents,
employees, or representatives, in the performance of this Agreement.
Indemnification for other Damages. CONSULTANT indemnifies and holds CITY
harmless from and against any claim, action, damages, costs (including, without
limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or
its performance. Should CITY be named in any suit, or should any claim be
brought against it by suit or otherwise, whether the same be groundless or not,
arising out of this Agreement, or its performance, CONSULTANT will defend
CITY (at CITY’s request and with counsel satisfactory to CITY) and will
indemnify CITY for any judgment rendered against it or any sums paid out in
settlement or otherwise.
For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, and
representatives.
It is expressly understood and agreed that the foregoing provisions will survive termination of
this Agreement.
CITY does not, and shall not, waive any rights against CONSULTANT which it may have by
reason of the aforesaid hold-harmless AGREEMENT because of the acceptance by
CITY or the deposit with CITY by CONSULTANT, of any of the insurance policies
hereinafter described in this AGREEMENT.
The aforesaid hold-harmless AGREEMENT by CONSULTANT shall apply to all damages and
claims for damages of every kind suffered, or alleged to have been suffered, by reason
of any of the aforesaid operations of CONSULTANT, or any subcontractor of
CONSULTANT, regardless of whether such insurance policies shall have been
determined to be applicable to any of such damages or claims for damages.
Notwithstanding any provision of this Agreement to the contrary, design professionals shall be
required to defend and indemnify the City only to the extent allowed by Civil Code
Section 2782.8, namely for claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the design professional. The term
"design professional" includes licensed architects, licensed landscape architects,
registered professional engineers, professional land surveyors and the business entities
which offer such services in accordance with the applicable provisions of the Business
and Professions Code.
The provisions of this section do not apply to Claims occurring as a result of the City's sole
negligence or willful acts or omissions.
INSURANCE. CONSULTANT shall not commence work under this contract until CONSULTANT
shall have obtained all insurance required by this AGREEMENT and such insurance shall have been
approved by CITY as to form, amount and carrier, nor shall CONSULTANT allow any subcontractor
of CONSULTANT to commence work on any subcontract until all similar insurance required of the
subcontractor of CONSULTANT shall have been so obtained and approved.
COMPENSATION INSURANCE. CONSULTANT shall take out and maintain, during the
life of this contract, Worker’s Compensation Insurance for all of CONSULTANT’S
employees employed to perform the SERVICES as described section 2 of the
AGREEMENT; and, if any work is sublet, CONSULTANT shall require the
subcontractor of CONSULTANT similarly to provide Worker’s Compensation
Insurance for all of the latter’s employees, unless such employees are covered by the
protection afforded by CONSULTANT. If any class of employees engaged in work
under this AGREEMENT is not protected under any Workers’ Compensation law,
CONSULTANT shall provide and shall cause each subcontractor of CONSULTANT to
provide adequate insurance for the protection of employees not otherwise protected.
CONSULTANT shall indemnify CITY for any damage resulting to it from failure of
either CONSULTANT or any subcontractor of CONSULTANT to take out or maintain
such insurance.
COMPREHENSIVE GENERAL LIABILITY, PROFESSIONAL LIABILITY,
COMPREHENSIVE AUTOMOBILE LIABILITY AND CONTRACTUAL
GENERAL LIABILITY INSURANCE. CONSULTANT shall take out and maintain
during the life of this contract comprehensive general liability, products/completed
operations hazard, comprehensive automobile liability and contractual general liability
insurance and shall protect CITY, its elective and appointive boards, officers, agents
and employees, CONSULTANT, and any subcontractor of CONSULTANT performing
work covered by this contract, from claims for damage for personal injury, including
death, as well as from claims for property damage which may arise from
CONSULTANT’S or any subcontractor of CONSULTANT’S operations under this
contract, whether such operations be by CONSULTANT or by any subcontractor of
CONSULTANT, or by anyone directly or indirectly employed by either
CONSULTANT or any subcontractor of CONSULTANT, and the amounts of such
insurance shall be as follows:
Commercial General Liability Insurance in an amount of not less than ONE MILLION
DOLLARS ($1,000,000);
Professional Liability Insurance in an amount of not less than ONE MILLION
DOLLARS ($1,000,000);
Comprehensive Automobile Liability Insurance in an amount of not less amount of not
less than ONE MILLION DOLLARS ($1,000,000).
A combined single limit policy with aggregate limits in an amount of not less
than TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to
the said required minimum limits set forth in subsections (i),(ii), and (iii) above.
PROOF OF INSURANCE. The insurance required by this Agreement shall be with insurers
which are Best A+ rated, and California-Admitted, or better. The CITY of Alhambra
shall be named as “additional insured” on all policies required hereunder, except for
Professional Liability Insurance, and CONSULTANT shall furnish the CITY Clerk,
concurrently with the execution hereof, with satisfactory proof of carriage of the
insurance required, and adequate legal assurance that each carrier will give CITY at
least thirty (30) days’ prior notice of the cancellation of any policy during the effective
period of the contract.
NOTICE TO COMMENCE WORK. The CITY will not issue any notice authorizing
CONSULTANT or any subcontractor to commence work under this AGREEMENT
until CONSULTANT has provided to the CITY Clerk the proof of insurance as
required by subparagraph (C) of this article.
NON-DISCRIMINATION. CONSULTANT shall not discriminate in its recruiting, hiring,
promotion, demotion or termination practices on the basis of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, martial status, sex, age, or
sexual orientation in the performance of this AGREEMENT and shall comply with the provisions of
the California Fair Employment and Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the
California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352,
and all amendments thereto; Executive Order 11246; and all administrative rules and regulations
issued pursuant to such acts and order.
UNAUTHORIZED ALIENS. CONSULTANT hereby promises and agrees to comply with all of the
provisions of the Federal Immigration and Nationality Act (8 USCA 1101, et seq.), as amended; and,
in connection therewith, shall not employ unauthorized aliens as defined therein. Should
CONSULTANT so employ such unauthorized aliens for the performance of work and/or services
covered by this AGREEMENT, and should the Federal Government impose sanctions against the
CITY for such use of unauthorized aliens, CONSULTANT hereby agrees to, and shall, reimburse
CITY for the cost of all such sanctions imposed, together with any and all costs, including attorney’s
fees, incurred by the CITY in connection therewith.
CONFLICT OF INTEREST. CONSULTANT will comply with all conflict-of-interest laws and
regulations including, without limitation, CITY’s conflict of interest regulations.
WAIVER. Waiver by any party hereto of any term, condition, or covenant of this AGREEMENT
shall not constitute the waiver of any other term, condition or covenant hereof.
ATTORNEY’S FEES. If litigation is reasonably required to enforce or interpret the provisions of this
AGREEMENT, the prevailing party in such litigation shall be entitled to an award of reasonable
attorney’s fees, in addition to any other relief to which it may be entitled.
BINDING EFFECT. This AGREEMENT shall be binding upon the heirs, executors, administrators,
successors and assigns of the parties hereto.
PROVISIONS, CUMULATIVE. The provisions of this AGREEMENT are cumulative and in
addition to and not in limitation of any rights or remedies available to CITY.
NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree that the terms and
provisions of this AGREEMENT have been negotiated and discussed between the parties and their
attorneys, and this AGREEMENT reflects their mutual AGREEMENT regarding the same. Because
of the nature of such negotiations and discussions it would be inappropriate to deem any party to be the
drafter of this AGREEMENT; and, therefore, no presumption for or against validity or as to any
interpretation hereof, based upon the identity of the drafter, shall be applicable in interpreting or
enforcing this AGREEMENT.
ASSISTANCE OF COUNSEL. Each party to this AGREEMENT warrants to each other party as
follows:
That each party either had the assistance of counsel or had counsel available to it, in the
negotiation for, and execution of, this AGREEMENT, and all related documents; and,
That each party has lawfully authorized the execution of this AGREEMENT.
MODIFICATION. This AGREEMENT shall not be modified except by written agreement of the
parties.
GOVERNING LAW. This AGREEMENT shall be interpreted and construed according to the laws
of the State of California.
NOTICE. Whenever it shall be necessary for either party to serve notice on the other regarding this
AGREEMENT, such notice may be furnished in writing by either party to the other and shall be served
by personal service as required in judicial proceedings or by certified mail, postage prepaid, return
receipt requested, addressed to the parties as follows:
CITY: ___________________
____________________
City of Alhambra
111 South First Street
Alhambra, CA 91801
CONSULTANT: _____________________________
_____________________________
_____________________________
Tel: __________________________
Fax:__________________________
FORCE MAJEURE. Neither party shall be responsible for delays or failures in performance
resulting from acts beyond the control of the offending party. Such acts shall include, but not be
limited to, acts of God, fire, flood, earthquake, or other natural disaster, nuclear accident, strike,
lockout, riot, freight embargo, public regulated utility, or government statutes or regulations
superimposed after the fact.
ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. The Parties agree that
this Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, and
that such signatures shall have the same force and effect as original signatures, in accordance with
California Government Code section 16.5 and Civil Code section 1633.7.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed
on its effective date by their respective officers duly authorized on their behalf.
“CITY”
CITY OF ALHAMBRA, a Charter Law City
ATTEST:
By ______________________________
__________________, Mayor
_______________________________
Lauren Myles, City Clerk
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
By _____________________________________
“CONSULTANT”
FULL NAME OF CONSULTANT
TAXPAYER ID # ___________________
By ______________________________
Print Name: ______________________
Title: _______________________
By ______________________________
Print Name: ______________________
Title: _______________________
