Request for Proposals 2M25-13 SCADA Professional Services and Maintenance

Page 1 of 8July 30, 2025Subject: Request for Proposals 2M25-13 SCADA Professional Services and MaintenanceThe City of Alhambra is seeking qualified professional firms (Consultant) to submit a proposal to provide SCADA Services and Maintenance. A copy of the Request for Proposals (RFP), the City’s Insurance Guidelines, and a Sample Contract Agreement are attached for your review and consideration.Proposals are due by 4:00 P.M. on Thursday, August 21, 2025. Please submit two (2)copies and one (1) original of the proposal to the City of Alhambra, Attn: Geo Herrera,Utilities Department, 111 South First St., Alhambra, CA 91801.If you should have any questions, please feel free to contact For security reasons, you must enable JavaScript to view this E-mail address.. We are looking forward to having an opportunity to review your proposal.Proposals must be received no later than 4:00 PM on Thursday August 21, 2025.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 DepartmentAttention: Geo Herrera111 South First StreetAlhambra, CaliforniaBest regards,Geo HerreraDeputy Director of UtilitiesPage 2 of 8CITY OF ALHAMBRAUTILITIES DEPARTMENTRFP2M25-13CONTRACTS DOCUMENTS AND REQUEST FOR PROPOSALFORSACADA PROFESSIONAL SERVICES AND MAINTENANCECITY OF ALHAMBRA111 SOUTH FIRST STREETALHAMBRA, CA 91801PROPOSALS DUE NO LATER THAN 4:00 THURSDAY, AUGUST 21, 2025.Page 3 of 8GENERAL INFORMATIONAward of contract, 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 Proposal may not be withdrawn for a period of sixty (60) days after the time Proposals are due.The successful bidder shall meet all insurance requirements of the City including, but not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 INFORMATIONDESCRIPTIONThe City of Alhambra is seeking a qualified firm to provide on-call SCADA consulting and support services to support the City’s water and wastewater system monitoring operations. The City is a full-service City with a population of nearly 83,000 residents. Its boundaries cover approximately 7.5 square miles of residential, commercial, and industrial areas. The City’s existing SCADA system has 17 water stations, 7 sewer lift stations, and one main control center. The City’s operates on M-340 Schneider Electric Programable Logic Controllers (PLCs), MDS iNet II ethernet radios, and local OIT interface panel. The system operated is the Wonderware In Touch 2014 R2 SP1 with Win911 for Remote Alarm Notification.PROPOSED SCHEDULEThe City anticipates the project schedule to be as follows:Request for Proposals Released……….………………………………….…………………. July 30,2025Deadline for Submitting Questions………………………………………………………. August 11,2025Response to Questions……………………………………………………………….…...August 14, 2025Proposals due no later than 4:00 p.m.……………………………………………...….…. August 21,2025Contract Award…………………………………….………………………….…....... September 10, 2025Execution of Contract and Notice to Proceed…………………………………………September 23, 2025The City of Alhambra reserves the right to adjust this schedule as necessary.SUBMITTAL DEADLINE AND PROPOSAL CONTENTSThe 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 no later than 4:00 P.M. on Thursday, August 21, 2025 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.Page 4 of 8Copies 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 EXPERIENCEThe City seeks professionals with demonstrated proven expertise in performing the services described herein. The successful Consultant shall have proven experience in providing the subject professional services and shall, at minimum, have the following:1. Have at least five (5) years of experience in the field with three (3) similar projects providing the same or similar services requested in this RFP.2. Have the administrative and fiscal capability to provide and manage the proposed services.PROPOSAL ELEMENTSIn 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 - A signature by a principal or officer having the authority to negotiate and contractually bind and extend the terms of the written proposals is required.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 Form7. 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.Page 5 of 88. Proposer Information Form.9. A description of the firm's and any sub-consultant’s experience with related projects of a similar nature. The team’s experience with creating various rate structures, including potable, non-potable, recycled and sewer rate structures will be considered during the review process.10. Cost Proposal Form shall be provided in a separate sealed envelope marked Cost Proposal - City of Alhambra RFP 2M25-13 SCADA Professional Services and Maintenance. 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.SELECTION CRITERIAThe City intends to retain the 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 expertise in all aspects of the City’s SCADA Software system (Wonderware In Touch 2014 R2 SP1). 25 %2. Relevant recent project experience, particularly in the region. 5%3. Overall Cost. 35%4. Project references. 5%5. Ability to respond to emergency situations in a timely manner. 20%6. Quality of proposal response and adherence to required format. 10%DISCRETION AND LIABILITY WAIVERThe 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.Page 6 of 8All 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 REQUIREMENTSUpon 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 REQUIREMENTUpon Award of Contract, the consultant shall obtain a City of Alhambra Business License and maintain one throughout the term of the contract.GENERAL REQUIREMENTSPurpose - The purpose of the Request for Proposals is to solicit proposals from qualified consulting firms with extensive, proven experience in Rate Study’s for Wastewater.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,Page 7 of 8all 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 Affidavit - 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.SCOPE OF SERVICESThe following is a general outline of the scope of work for SCADA Professional Maintenance and Services for Water and Sewer. The proposal should contain the cost per hour as associated with the following:a. SCADA system integration during normal business hours (typical)Page 8 of 8b. Emergency Service Calls: The Consultant shall respond within one (1) hour following notification from a City of Alhambra representative; and provide a technician to physically be at the location within four (4) hours if needed or as requestedc. As needed 24/7 response for SCADA system troubleshooting or failures (emergency situations only)d. On-site assistance as required, and by phone when possible (internet remote access will be granted, in unison with City staff)e. New Capital project review and integration (requires working with CIP projects if requested)f. PLC and HMI troubleshooting, programming, design and systems faultsg. Communication and network systems support for proper delivery of SCADA operationsh. Provide staff training on any new equipment or changes to existing SCADA processesi. Creating Operations and Maintenance manuals for any new equipment or changes outside of a separate CIP projectj. Systems design, instrumentation calibration and coordination with City and outside vendorsk. Coordinating entry to secure City properties with City staff when neededl. Provide staff the necessary equipment, computers, connections, cabling, safety equipment, etc. necessary to perform the work on the City’s facilitiesm. Coordinate and maintain all license and support contract documentation with software support services from third parties through City owned support agreements and with manufacturers of equipmentn. Manage inventory of equipment and softwareo. City expectation of a 30-day completion time for any changes or additions to the current SCADA system, subject to parts or instrumentation delivery timesp. Other SCADA related tasks requested by the city.Professional Services contractOver $75,00004/2025 Form-1-AGREEMENT FOR PROFESSIONAL SERVICESContract 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:1. RECITALS. This AGREEMENT is made and entered into with respect to the following facts:A. CITY requires professional services (“SERVICES”); andB. On , 202 , 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; andC. 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.2. SCOPE OF SERVICES.A. 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. To the extent that Exhibits A and B are proposals from CONSULTANT, such proposals are incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this AGREEMENT.B. 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.Professional Services contractOver $75,00004/2025 Form-2-C. 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.D. If there is a conflict between any of the provisions of the AGREEMENT and Exhibit A, this AGREEMENT shall have priority in the interpretation of the Parties rights and obligations under this AGREEMENT.3. 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.4. FAMILIARITY WITH WORK.A. By executing this AGREEMENT, CONSULTANT agrees that, to the best of CONSULTANT’s knowledge and belief, CONSULTANT has(i) Carefully investigated and considered the scope of services to be performed;(ii) Carefully considered how the services should be performed; and(iii) Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.B. 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.5. 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.Professional Services contractOver $75,00004/2025 Form-3-6. FEE. Compensation to CONSULTANT for the total services to be rendered pursuant to this AGREEMENT shall be in an amount not to exceed $ .7. 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.8. PAYMENT BY CITY.A. Compensation. Subject to any limitations provided in the Contract Documents, CITY agrees to pay CONSULTANT as full consideration for the faithful performance of all of the Work the total amount of Dollars ($ .00) (“Compensation”).B. Monthly Invoice. CONSULTANT must furnish CITY with an invoice for the Work performed in accordance with the Contract Documents. CONSULTANT may not submit invoices more often than once every 30 days.C. City Review of Invoices. CITY will review each invoice and determine whether the Work performed is in accordance with the Contract Documents. The Director may require CONSULTANT to provide a release of all undisputed Contract amounts contained in the invoice.D. Disputes on Invoices. If CITY disputes any item on an invoice, CITY will give CONSULTANT notice stating the reasons for the dispute. The Parties will meet and confer in good faith to attempt to resolve the dispute.E. 30 Days to Pay Invoice. Except as to any charges for the Work performed that the CITY disputes, CITY will cause CONSULTANT to be paid within 30 days of the date of the invoice or the date that CONSULTANT furnishes CITY with a release of all undisputed Contract amounts, whichever occurs later.F. Partial Invoices. In the event there is any claim specifically excluded by CONSULTANT from the operation of any release, CITY may retain an amount not to exceed the amount of the excluded claim.G. No Additional Compensation. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the contract documents, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encounteredProfessional Services contractOver $75,00004/2025 Form-4-in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.9. TERM. The term of this AGREEMENT shall expire on unless sooner terminated as provided in Section 12 herein. 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.10. DISPUTES AND REMEDIES.A. 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:(i) 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;(ii) If unresolved within thirty (30) days, then City Manager, or his designee, will make a final determination;(iii) 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;(iv) 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.B. The Parties’ rights and remedies under this Agreement are in addition to any other rights and remedies provided by law.11. 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 fullyProfessional Services contractOver $75,00004/2025 Form-5-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.12. 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 or her 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 or her 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.13. 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.14. 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.15. 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.16. NONASSIGNMENT. This AGREEMENT is not assignable either in whole or in part by CONSULTANT without the written consent of CITY.17. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a valid Taxpayer Identification Number.Professional Services contractOver $75,00004/2025 Form-6-18. 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.19. INDEMNIFICATION.A. CONSULTANT hereby agrees to the following:(i) 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, volunteers or representatives, in the performance of this Agreement.(ii) 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.B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives and volunteers.C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.D. 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.E. 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 ofProfessional Services contractOver $75,00004/2025 Form-7-whether such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.F. 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.G. 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.20. INSURANCE. CONSULTANT shall not commence work under this contract until CONSULTANT shall have obtained and shall maintain for the entire term of the AGREEMENT 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. Any delays caused by CONTRACTOR’s or its subcontractors’ failure to procure or maintain required insurance are inexcusable and shall not be a basis for extending the time for completion, and the CITY shall not be liable for reimbursing CONTRACTOR for costs due to such delay.CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, representatives and volunteers.A. WORKERS’ COMPENSATION INSURANCE. CONSULTANT shall take out and maintain, during the life of this contract, Workers’ Compensation Insurance and Employer’s Liability 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 Workers’ Compensation Insurance and Employers’ Liability Insurance in accordance with the laws of the State of California, Section 3700 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 CITYProfessional Services contractOver $75,00004/2025 Form-8-for any damage resulting to it from failure of either CONSULTANT or any subcontractor of CONSULTANT to take out or maintain such insurance.(i) Workers Compensation Insurance in the amount of not less than Statutory Limits set by the State of California.(ii) Employer’s Liability Insurance in the amount of not less than ONE MILLION DOLLAR ($1,000,000).B. COMMERCIAL GENERAL LIABILITY, PROFESSIONAL LIABILITY, AND AUTOMOBILE LIABILITY INSURANCE.(i) Commercial General Liability Insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.(ii) Professional Liability (Errors & Omissions) Insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this agreement, in the minimum of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.(iii) Automobile Liability Insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with work to be performed under this agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.C. PROOF OF INSURANCE. CONSULTANT shall provide certificates of insurance and required endorsements to CITY as evidence of insurance coverage required herein. Insurance certificates and endorsements must be approved by CITY prior to the commencement of work. Current certification of insurance shall be kept on file with CITY for the contract period and any additional length of time required thereafter. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.Professional Services contractOver $75,00004/2025 Form-9-D. 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.E. DURATION OF COVERAGE. CONSULTANT shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of work hereunder by CONSULTANT, their agents, representatives, employees, or subconsultants.F. PRIMARY/NONCONTRIBUTING. Coverage provided by CONSULTANT shall be primary and an insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as named insured.G. AGENCY’S RIGHTS OF ENFORCEMENT. In the event any policy of insurance required under this agreement does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT’S payments. In the alternative, CITY may cancel this agreement.H. ACCEPTABLE INSURERS. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholder’s Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’ Key Rating Guide, unless otherwise approved by the Director of Human Resources & Risk Management.I. WAIVER OF SUBROGATION. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, representatives and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY andProfessional Services contractOver $75,00004/2025 Form-10-shall require similar written express waivers and insurance clauses from each of its subconsultants.J. ENFORCEMENT OF CONTRACT PROVISIONS (NON ESTOPPEL). CONSULTANT acknowledges and agrees that any actual or alleged failure on part of the CITY to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.K. REQUIREMENTS NOT LIMITING. Requirements of specific coverage features or limits contained in this section are not intended as limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.L. NOTICE OF CANCELLATION. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide the CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the CONSULTANT’S insurers are unwilling to provide such notice, then CONSULTANT shall have the responsibility of notifying the CITY immediately in the event of CONSULTANT’S failure to renew any of the required insurance coverages, or insurer’s cancellation or nonrenewal.M. ADDITIONAL INSURED STATUS. General Liability, Automobile Liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, representatives, and volunteers shall be additional insureds under such policies.N. PROHIBITION OF UNDISCLOSED COVERAGE LIMITATIONS. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.O. SEPARATION OF INSUREDS. A severability of interests provision must apply for all additional insureds ensuring that CONSULTANT’S insurance shall apply separately to each insured again whom claim is made or suit is brough, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.Professional Services contractOver $75,00004/2025 Form-11-P. PASS THOUGH CLAUSE. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party who is brough onto or involved in the project/service by CONSULTANT (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event CONSULTANT’S subcontractor cannot comply with this requirement, which proof must be submitted to the CITY, CONSULTANT shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the CONSULTANT, but in all other terms consistent with the CONSULTANT’s requirements under this agreement. This provision does not relieve the CONSULTANT’ of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended to solely provide CONSULTANT with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the CONSULTANT under this agreement given the limited scope of work or services provided by the subcontractor. CONSULANT agrees that upon request, all agreements with subcontractors, and others engaged in this project, will be submitted to CITY for review.Q. AGENCY’S RIGHT TO REVISE SPECIFICATIONS. The CITY reserves the right to at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the CITY and CONSULTANT may renegotiate the CONSULTANT’S compensation.R. SELF-INSURED RETENTIONS. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administrative, and defense expenses within the retention through confirmation from the underwriter.S. TIMELY NOTICE OF CLAIMS. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’S performance under this agreement, and that involve or may involve coverage under any of the required liability policies.T. ADDITIONAL INSURANCE. CONSULTANT shall also procure and maintain, at this own cost and expense, any additional kinds of insurance,Professional Services contractOver $75,00004/2025 Form-12-which in its own judgment may be necessary for its proper protection and prosecution of the work.21. 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, marital 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.22. 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.23. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.24. 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.25. 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.26. BINDING EFFECT. This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.27. 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.28. 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,Professional Services contractOver $75,00004/2025 Form-13-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.29. ASSISTANCE OF COUNSEL. Each party to this AGREEMENT warrants to each other party as follows:A. 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,B. That each party has lawfully authorized the execution of this AGREEMENT.30. MODIFICATION. This AGREEMENT shall not be modified except by written agreement of the parties.31. GOVERNING LAW. This AGREEMENT shall be interpreted and construed according to the laws of the State of California.32. 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 Alhambra111 South First StreetAlhambra, CA 91801CONSULTANT: Tel: Fax: Notice will be deemed effective on the date personally delivered or transmitted by facsimile. If the notice is mailed, notice will be deemed given three days after deposit of the same in the custody of the United States Postal Service, postage prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.Professional Services contractOver $75,00004/2025 Form-14-33. 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, explosion, war, terrorist attack, embargo, strike, lockout, riot, freight embargo, public regulated utility, or government statutes or regulations superimposed after the fact. Notwithstanding the foregoing, this provision shall only have effect if written notice of the force majeure event is given by the party claiming such excuse for delay within ten days of the commencement of such event.34. ELECTRONIC TRANSMISSION OF AGREEMENT AND SIGNATURE. The Parties agree that this AGREEMENT may be signed and transmitted 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 1633.7.35. RECORD AUDIT. In accordance with Government Code section 8546.7, records of both the CITY and the CONSULTANT shall be subject to examination and audit by the CITY for a period of three (3) years after final payment.[SIGNATURES ON NEXT PAGE]Professional Services contractOver $75,00004/2025 Form-15-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 OF ALHAMBRA, a Charter Law CityATTEST:By , Mayor Lauren Myles, City ClerkAPPROVED AS TO FORM:Joseph Montes, City AttorneyBy “CONSULTANT”FULL NAME OF CONSULTANTTAXPAYER ID # By Print Name: Title: By Print Name: Title: