Pyrotechnics Service and Display for Annual Fourth of July Celebration.pdf

July 20, 2026

Dear Prospective Proposer:

The City of Alhambra invites potential contractors to submit a proposal for pyrotechnics services for the City of Alhambra's 2027, 2028 & 2029 4th of July program, with the City of Alhambra’s City Manager or Designee having the option to renew the contract after each year. It is the City's intention to provide you with thorough and complete information regarding the scope of this service and to present an accurate description of the work needed so that you may successfully propose to deliver this service.

Submittal of your proposal assumes that you have thoroughly read the Request for Proposal and that you are familiar with the service specifications listed in Exhibit “B” (Scope of Work) and that your company is an experienced and licensed pyrotechnics operator. It is understood that you have discovered no apparent discrepancies between the Scope of Work set forth in this RFP and your proposed plan to deliver such services.

The proposal invites qualified firms to provide pyrotechnics service for the City of Alhambra’s Annual 4th of July Celebration on July 4, 2027, 2028 & 2029. The fireworks display will be fired from a designated area on the Alhambra Municipal Golf Course adjacent to Almansor Park. Almansor Park is located at 800 S. Almansor Street in the City of Alhambra.

Proposals must be received no later than 4:30 p.m., Thursday, August 6, 2026.

Mail or hand-delivered to:

City of Alhambra Parks & Recreation Department 111 South First Street Alhambra, CA 91801 Attention: Amanda Boettcher, Recreation Supervisor

Or electronically to aboettcher@AlhambraCA.gov

If you have any questions, call (626) 570-3242 Monday through Thursday, 7:00 a.m.

through 5:30 p.m.

Sincerely, Amanda Boettcher, Recreation Supervisor mailto:aboettcher@AlhambraCA.gov

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CITY OF ALHAMBRA

PARKS & RECREATION DEPARTMENT

August 6, 2026

RFP2M26-9

REQUEST FOR PROPOSALS (RFP)

FOR

PYROTECHNICS SERVICE AND DISPLAY FOR ANNUAL

FOURTH OF JULY CELEBRATION

PROPOSALS ARE DUE NO LATER THAN

4:30 P.M. ON THURSDAY, August 6, 2026

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TABLE OF CONTENTS

GENERAL INFORMATION

GENERAL REQUIREMENTS

INSTRUCTIONS TO FIRMS SUBMITTING PROPOSALS

COST PROPOSAL FORM

BID FORM

DESIGNATION OF SUBCONTRACTORS

REFERENCES

PROPOSER INFORMATION

SCOPE OF WORK

CONDUCTING A PUBLIC FIREWORKS DISPLAY

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PYROTECHNICS SERVICE AND DISPLAY

FOR THE CITY OF ALHAMBRA ANNUAL FOURTH OF JULY

GENERAL INFORMATION

The City of Alhambra is requesting proposals from professional pyrotechnics contractors, to provide a fireworks display show at the City of Alhambra’s Annual 4th of July

Celebration for 2027, 2028 & 2029 at Almansor Park, 800 S. Almansor St., Alhambra, CA

91801. The City of Alhambra’s City Manager or Designee will have the option to renew the contract after each year. The pyrotechnics show is to begin promptly at 9:00 p.m.

The successful contractor must have a City of Alhambra business license that is current at the time of the show. Information on obtaining a business license can be obtained by contacting the City of Alhambra Finance Department Monday through Thursday, 7:00 a.m.–5:30 p.m., at (626) 570-5020 or by visiting the City webpage at https://www.cityofalhambra.org/resources/business-license.

The desired pyrotechnics display shall be a three-phase production (Opening Fanfare, Main Body of Program, and Grand Finale) coordinated to patriotic themed music as detailed in the Scope of Work: Exhibit “B”.

A selection committee will review all proposals. In order to be considered for selection, a project proposal must incorporate all of the information required in this document.

Send proposals to:

Parks & Recreation Department

111 South First Street

Attn: Amanda Boettcher, Recreation Supervisor

Proposals are due: no later than 4:30 p.m., Thursday, August 6, 2026

Submit original proposal in writing. Proposals delivered by Federal Express, courier, UPS or any other delivery service must be received before 4:30 p.m. on Thursday, August 6, 2026.

Any questions regarding this Request for Proposal should be submitted in writing.

Questions may be sent to Amanda Boettcher, electronically at aboettcher@AlhambraCA.gov.

https://www.cityofalhambra.org/resources/business-license

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GENERAL REQUIREMENTS

• Purpose - The purpose of the Request for Proposals (RFP) is to solicit proposals from qualified companies interested in contracting with the City of Alhambra

(hereinafter referred to as "City") to provide professional pyrotechnics display on

July 4, 2027, 2028 & 2029.

• City has the 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 or informalities in any Proposal submitted or in the procedure. The City reserves the right 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.

• Contract Sum - All proposals shall include a specific Cost Proposal Form for the pyrotechnics service being provided. The contract sum shall equal the unit cost of the Opening Fanfare, Main Body and Grand Finale of the display, and based upon the shell count described in the Bid Form of Exhibit “B” (Scope of Work) of this

RFP. The Contract Sum shall be for a pyrotechnic display at Almansor Park on

July 4, 2027, 2028, 2029.

Note: The City reserves the right to alter the Scope of Work prior to the beginning of the contract term. Although a firm's fixed price proposal will be submitted, the terms and conditions of the contract are subject to negotiation should the City alter the Scope of Work.

• Contract Payment - Payment to contractor will be made no more than Thirty- days

(30) from the dated invoice of services rendered, provided that the contractor is not in default under any provisions of this agreement.

• Term of Contract - The term of contract will remain and continue in effect unless terminated earlier pursuant to the contract.

Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex or religion will also 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, gender, or religion in any consideration leading to the award of contract.

▪ Discrepancies and Misunderstandings - Contractors must satisfy themselves by personal examination of the work site, Specifications, and other contract

- 6 -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 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 must be called to the attention of the City of Alhambra and clarified prior to the submission of proposals.

▪ Examination of Contract Documents: Each proposer shall fully acquaint himself with the conditions relating to the project so that he may fully understand the difficulties and restrictions attending the execution of the work under the contract.

Proposers shall thoroughly examine and be familiar with the specifications. The failure or omission of any proposer to receive or examine any contract documents, addendum, or other document or to acquaint himself with the conditions existing shall not relieve any proposer from obligations with respect to his proposal or to the contract.

▪ Interpretation of Documents: If any person in doubt as to the meaning of any part of the contract documents, or finds discrepancies in, or omissions from the specifications, he/she may submit to the City a written request for an interpretation or correction thereof. Requests can be made electronically at aboettcher@AlhambraCA.gov. The person submitting the request shall be responsible for its prompt delivery. Any subsequent interpretation or correction of the contract documents will be made only by addendum duly issued and a copy of such addendum will be faxed, mailed or delivered to each person receiving a set of contract documents. No oral interpretation of any provision in the contract will be made to any proposer.

• 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 proposers 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 specifications, and other contract documents, and shall agree to full compliance therewith.

• 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.

This restriction does not apply to formal proposals as a prime contractor.

• Award of contract: any contract resulting from the Request for Proposals process will be awarded to the firm whose proposal meets or exceeds the requirements of the RFP and who is evaluated as offering the best advantage to the City of Alhambra. The City of Alhambra is under no obligation to enter into discussions or negotiations with any proposer, and may accept and award a contract on the basis of the offer received in the mailto:aboettcher@AlhambraCA.gov

- 7 -proposal. Award of contract will be made to the most qualified firm, and will not be awarded solely on the basis of the lowest cost proposal. Cost, although an important component, is only one of several criteria being used to evaluate proposals. Criteria for award of contract will include, but is not limited to qualifications reputation, responsiveness, availability and experience of the proposer; quality of technical approach; qualifications and availability of proposed staff; cost/price proposal; financial qualifications of the proposer; and thoroughness of the proposal. Factors include competence, operational management and experience. The contractor is selected through a competitive negotiation process. The information presented in the written proposal, oral interview and firm’s presentation will all be considerations.

In addition, the City is looking for a progressive organization whose key players are creative and problem solvers, possess an innovative approach to service provision, can meet or exceed established performance standards, maintain a high level of customer service and will work as a member of the “team” with City staff.

• An executed agreement between the parties will include the RFP documents, any addenda, the proposal and subsequent submissions as may be presented.

• Listing Subcontractors: Each proposal will submit a list of the proposed subcontractors of this project as required by the Subletting and

Subcontracting Fair Practices Act (Govt. Code Sec. 4100 et seq.). Forms for this purpose are furnished with the contract documents and must be included as a part of any proposal submitted.

• Equal Employment Opportunity Compliance: Proposer shall certify that in all previous contracts or subcontracts, all reports, which may have been due under the requirements of any agency, Site, or Federal equal employment opportunity orders, have been satisfactorily filed, and that no such reports are currently outstanding.

• Affirmative Action Certification: Proposer shall certify that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, proposer certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

• 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 his proposal is made without

- 8 -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.

• Insurance: 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.

• City Business License: Successful proposer must possess a current and valid City of Alhambra business license during the entire project. If proposer does not have a business license one must be obtained prior to beginning the project.

• Transport and Conduct a Public fireworks Display: Successful proposer shall abide by all the regulation and ordinances outline in Exhibit “C”. All cost associated with obtaining a permit for conducting a public fireworks display shall be the contractors responsibility.

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INSTRUCTIONS TO FIRMS SUBMITTING PROPOSALS

PROPOSAL CONTENT: Proposal Document – shall be completed by the company and consists of the following information:

I. Forms – Complete forms A, B, C, D, E and F and include them with the above information in your proposal.

Form A - PROPOSER’S DECLARATION

Form B - COST PROPOSAL FORM

Form C - BID FORM

Form D - DESIGNATION OF SUBCNOTRACTORS

Form E - REFERENCES

Form F - PROPOSER’S INFORMATION

II. Addendum – The City may, by means of clarification of any portion of this document, or in answer to questions submitted by proposers, issue an Addendum, that become a full part of the contract documents, and must be signed and submitted with the proposal.

ONE ORIGINAL PROPOSAL MUST BE SUBMITTED.

Failure to submit a comprehensive proposal that includes all of the above elements, or the required forms not fully completed, may disqualify a company from further consideration, as the company’s proposal could be deemed non-responsive.

SUBMITTAL DEADLINE AND PROPOSAL CONTENTS

Proposals shall be delivered in a sealed envelope via regular mail, overnight or other carrier, hand delivered not later than 4:30 p.m. on Thursday, August 6, 2026 to the following location:

The City of Alhambra

Parks & Recreation Department

111 S. First Street

Alhambra, CA, 91801

Attention: Amanda Boettcher

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 pyrotechnics consultant selected to perform the work described in Exhibit B: Scope of Work shall demonstrate proven experience in the preparation, production, and firing of

- 10 -pyrotechnics display. The companies to be considered for this work effort shall have completed at least three (3) similar pyrotechnics displays within the last five (5) years.

SELECTION PROCESS

All proposals will be reviewed by City staff. Proposals will be evaluated based upon the above review criteria. All prospective contractors will be subject to an oral interview as part of the selection process. The City will subsequently award a contract for services.

DISCRETION AND LIABILITY WAIVER

The City reserves the right to reject all proposals or to request and obtain, from one or more of the pyrotechnics companies 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.

PERMIT REQUIREMENT

Successful contractor shall abide by all the regulation and ordinances outline in Exhibit

“C”. All cost associated with obtaining a permit for conducting a public fireworks display shall be the contractors responsibility.

INSURANCE REQUIREMENTS

Upon Award of Contract the consultant shall provide the City with required Certificates of

Insurance evidencing minimum coverage of $5,000,000 in Contractual General Liability and $1,000,000 in Automobile Liability coverage, naming the City of Alhambra as

Additional Insured. Contractor shall maintain Workers’ Compensation Insurance (Statutory

Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). **If the

Contractor does not carry worker’s compensation insurance, an Exemption from Workers’

Compensation Insurance form will be executed. The insurance requirements are clearly described in the Exhibit A: Sample Contract included herein.

BUSINESS LICENSE REQUIREMENT

All consultants and sub consultants shall pay for a City of Alhambra business license, which shall be maintained throughout the duration of the project. Information regarding acquiring a city business license can obtained by contacting the City of Alhambra

Finance Department Monday through Thursday, 7:00 a.m. – 5:30 p.m. at

(626) 570-5020 or by visiting the City webpage at:

https://www.cityofalhambra.org/resources/business-license.

https://www.cityofalhambra.org/resources/business-license http://www.cityofalhambra.org/government/finance/Permits_Licenses_BusPasses.html

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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 Form (Form B) in a not-to-exceed amount, based upon the description of services outline in Bid Form (Form C) and scope of work to be performed.

CONTRACT PAYMENT

Payment to contractor will be made no more than thirty-days (30) from the dated invoice for such services rendered, 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 (if applicable).

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 subcontracted, 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.

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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 mailed or delivered 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 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.)

Form D is provided for this purpose and is furnished herein.

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CONSULTANT AGREEMENT

The selected consultant will be retained by the City with a negotiated agreement for consultant services which will comply with all local, state, and federal requirements for such agreements.

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FORM A

PROPOSER’S DECLARATION

FOR THE CITY OF ALHAMBRA 2027-2029 FOURTH OF JULY CELEBRATION

In accordance with the City of Alhambra's Request for Proposals, the undersigned proposer hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for contract documents therefore, and to perform all work in the manner and time prescribed therein.

Proposer declares this proposal is based upon careful examination of the work site, Specifications, Instructions to Firms Submitting Proposals, and all other contract documents. If this proposal is accepted for award, proposer agrees to enter into a contract with the City of Alhambra at the unit and/or lump sum prices set forth in the following Cost

Proposal Schedule.

Date ____________________

Name

Authorized Signature

Title

Company

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FORM B

COST PROPOSAL FORM

(To be sent under separate cover)

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 with the 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 Professional Pyrotechnics

Service and Fireworks Display for the City of Alhambra 2027-2029 Fourth of July, all in strict conformity with the specifications and other Contract Documents on file at the office of the City Clerk of said City, for the following lump sum bid..

This Cost Proposal Form shall be provided in a separate sealed envelope marked

"COST PROPOSAL – CITY OF ALHAMBRA RFP FOR PROFESSIONAL

PYROTECHNICS SERVICE AND FIREWORKS DISPLAY.”

The cost proposal shall be prepared and based on a twenty (20) minute show that is electronically fired and coordinated to patriotic themed music (CD to be provided by the

Contractor). The show shall consist of a two-three (2-3) minute Opening Fanfare, fourteen-sixteen (14-16) minute Main Body and a two-three (2-3) minute Grand Finale. The minimum show requirements are detailed in Exhibit “B” Statement of Work.

Total cost proposal for this service including all necessary pre-show preparation, transportation, fireworks, support equipment, supplies, and post show clean-up is:

Total Cost Proposal for this project: $ ______________________

Total Cost Proposal in Words:

Date

Authorized Signature

Title: Company:

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FORM C

BID FORM

(Electrical Firing Board Recommended)

TOTAL AMOUNTS $ ____________________________________________________

_________________________________ DOLLARS. Total amount of bid in words.

$ ______________________________________) Total amount of bid in numbers.

The above bid includes the following rockets:

OPENING FANFARE

1. Total amount in words – Three (3”) inch Shells, Total amount in numbers.

2. Total amount in words – Four (4”) inch Shells,

3. Total amount in words – Five (5”) inch Shells,

4. Total amount in words – Six (6”) inch Shells, MAIN BODY OF PROGRAM

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GRAND FINALE

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FORM D

DESIGNATION OF SUBCONTRACTORS

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 SUBCONTRACTORS, PORTION OF WORK MATERIALS, OR

EQUIPMENT, SUPPLIERS AND VENDORS

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FORM E

REFERENCES

The following are the names, addresses, and telephone numbers for three entertainment events for which proposer has performed similar work within the past three years.

1.

Name and address of owner

Name and telephone number of person familiar with project

Contract amount Type of work Date Completed

2.

3.

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FORM F

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: ________________________________________________________________

Pyrotechnics 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:

Professional Services contract

Over $75,000

04/2025 Form

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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:

1. RECITALS. This AGREEMENT is made and entered into with respect to the following facts:

A. CITY requires professional ____________ services (“SERVICES”); and

B. 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; and

C. 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.

aleonard Typewritten Text Exhibit A

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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.

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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 encountered

-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 fully

-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.

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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 of

-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 CITY

-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.

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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…