HomeMy WebLinkAboutItem 5c. Authorize RFP for Preparation of a Strategic Asset Management Plan Item 5c
Department: Utilities
Cost Center: 6001 and 6101
For Agenda of: 9/6/2022
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Chris Lehman, Utilities Deputy Director – Wastewater
Mychal Boerman, Utilities Deputy Director – Water
Miguel Barcenas, Utilities Deputy Director – Engineering and Planning
Shawna Scott, Utilities Special Projects Manager
SUBJECT: AUTHORIZE REQUEST FOR PROPOSALS FOR PREPARATION OF A
STRATEGIC ASSET MANAGEMENT PLAN
RECOMMENDATION
1. Approve the request for proposals for the preparation of a Strategic Asset
Management Plan (Project), Specification No. 1000077-08; and
2. Authorize staff to advertise the Project for proposals and bids; and
3. Authorize the City Manager to award the contract for the Project if the lowest
responsible bid is within available project funding of $145,000.
POLICY CONTEXT
The City is the sole provider of water, wastewater, and recycled water service within San
Luis Obispo. The Water Treatment Plant (WTP), Water Resource Recovery Facility
(WRRF), Whale Rock Reservoir (W R), pipelines, and wastewater collection and water
distribution systems are comprised of assets (e.g., infrastructure components and
equipment such as a pump station, water meter, valve, or pipe) that require management
via computerized maintenance management system (CMMS) software . Use of CMMS for
asset management is a system that enables the City to keep track of its assets, which
helps streamline and predict ongoing and future asset maintenance, repair, and
replacement.
The Project supports Major City Goals including Economic Recovery, Resiliency, and
Fiscal Sustainability and Climate Action, Open Space, and Sustainable Transportation
because organized, efficient, and standardized asset management will support ongoing
and future investments in critical infrastructure capacity and resiliency.
The Project is consistent with the City’s adopted General Plan , including Water and
Wastewater Element (WWE) Goal A.3.1 to “manage the City’s water resources to meet
the current and future water demand requirements associated with development
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Item 5c
envisioned by the General Plan”, Goal B.2.1 to provide “adequate wastewater collection
and treatment service to meet the long-term needs of the City”, and Policy B.2.2.2
(Service Capacity), which states that “the City's wastewater collection system and Water
Resource Recovery Facility shall support population and related service demands
consistent with the General Plan.” The Project will support compliance with Policy B .4.2.1
(Collection System Maintenance), which states that “the City will m anage the collection
system to ensure that the proper level of maintenance is provided and that the flow in
sanitary sewers does not exceed design capacity.”
DISCUSSION
Background
The City’s water system currently has four primary water supply sources including Whale
Rock Reservoir, Salinas Reservoir, Nacimiento Reservoir, and recycled water (for
irrigation). Domestic water is treated at the City’s Water Treatment Plant (WTP), and the
City’s potable water distribution system delivers water from the WTP to approximately
15,700 metered customers and over 2,000 fire hydrants via 190 miles of water mains, 11
storage tanks, and seven pump stations. Additional assets include water meters, isolation
valves, fire hydrants, air vacs, and pressure reducing valves.
The City’s wastewater system includes the currently under construction Water Resource
Recovery Facility (WRRF), which is responsible for treating all of the wastewater within
the City, from California Polytechnic State University (Cal Poly), and the San Luis Obispo
County Regional Airport, in addition to the production of recycled water. The City’s
wastewater collection system is comprised of over 138 miles of main line, nine sewer lift
stations, 2,900 manholes, and various other assets. The collection system has over
14,000 private sewer lateral connections.
In the Utilities Department, asset management structure and planning has not been
standardized and varies in each operating section (Whale Rock Reservoir, WTP, Water
Distribution, Wastewater Collection, WRRF, and Control Systems). Due to the lack of a
standardized guidance document, there is not consistency as new equipment is
commissioned or decommissioned, and critical data needed to support lifecycle costs and
maintenance budgets (e.g., depreciation) are difficult to track. There have been major
changes to infrastructure linked to recent capital improvement projects (CIPs) such as the
WTP’s Energy Efficiency Project upgrade, and the WRRF’s SLO Water Plus project that
will require a proactive approach for operation and maintenance intervals given the
sophistication of the new technology. Additional CIPs underway, including sewer lift
stations and major underground asset replacement, will also benefit from a standard
approach to asset management. An asset management plan (Strategic Asset
Management Plan) is needed to layout the program approach, serve as a reference for
migrating asset records and maintenance schedules , and be part of an effective training
programs for existing and new staff managing sewer and water infrastructure.
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Item 5c
Project Description
A Strategic Asset Management Plan (SAMP) is a CMMS1 design guide. The SAMP will
define a uniform process for tracking/managing equipment, facilities, maintenance
programs, work orders, procedures, safety elements, and provide the ability for predictive
and reliability centered maintenance tracking. This design guide will facilitate consistency
and ensure appropriate data is collected through the City’s CMMS programs by
determining standards for, among other things, asset definitions, attributes, classes,
hierarchy, and criticality. This data will help prioritize preventative maintenance
schedules, facilitate efficient workflows, and extract pertinent information in the form of
reports and system audits.
Staff is particularly interested in developing a Reliability Centered Maintenance (RCM)
program2 in the future, which would rely on automated analysis to focus resources rather
than manufacturer’s maintenance and replacement recommendations (the RCM may
differ from the intentionally conservative recommendations but would not conflict with
warranty requirements). RCM recommendations will be developed through the SAMP.
Preparation of the SAMP will be the first phase of the Project (Attachment A, Request for
Proposals for Strategic Asset Management Plan, Specification 1000077 -08). The goals
of the Project will be to:
1. Standardize asset management for the Utilities Department, including the
WTP, WRRF, Water Distribution, Wastewater Collection, Whale Rock
Reservoir, Water Resources, and Control Systems;
2. Provide a consistent platform to inventory, manage, assess, maintain, and
replace assets;
3. Enable staff to assess existing conditions of assets quickly and efficiently;
4. Optimize existing operations and maintenance procedures;
5. Optimize use of capital investment dollars;
6. Identify resource needs (e.g., equipment, materials, staffing, funding,
technology);
7. Review and confirm if the current Cityworks CMMS platform will be optimal for
all Water and Wastewater Division operations;
8. Prepare up to three small scale pilot programs for a side -by-side comparison
of implementation; and
9. Allow for future implementation of the SAMP based on the unique
characteristics of each operating section of the Utilities Department.
1 Computerized Maintenance Management System, such as Cityworks, which is currently used by City
Wastewater Collections, Water Distribution, Water Resources, and Whale Rock operating sections.
2 Reliability-centered maintenance (RCM) is a concept of maintenance planning to ensure that systems
continue to do what their users require in their present operating context. Successful implementation of
RCM leads to increase in cost effectiveness, reliability, machine uptime, and a greater understanding of the
level of risk that the organization is managing.
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Item 5c
Although this current effort does not include a full-scale implementation of a CMMS, the
plan will afford City staff a side-by-side comparison of up to three small scale pilot
programs’ ability to process data and provide ease of operations when maintaining
complex infrastructure normally found at treatment plants. The small-scale pilot programs
will include testing of up to three software platforms. The three pilot programs will identify,
at a minimum, the effectiveness of tracking work orders, asset identifications, and
maintenance reminders to prolong the life of the infrastructure.
The implementation phase(s) of this Project will be funded and detailed separately under
subsequent RFPs. Implementation will be tailored to the specific needs and timelines of
each operating section and will include software training programs and schedules for
staff, determination and contracting of backend software maintenance (internal and
external), and migration and restructuring of existing CMMS software.
Previous Council or Advisory Body Action
The 2021-23 Financial Plan appropriates a total of $195,000 for Cityworks Integration
(asset management), with an additional $90,000 identified as needed for Fiscal Year
2024-25. Cityworks is a CMMS, which is currently used by four Utilities Department
operating sections to manage assets. The SAMP will be used by the WTP, WRRF, Water
Distribution, Wastewater Collection, Whale Rock Reservoir, Water Resources, and
Control Systems operating divisions and will facilitate consistency and ensure appropriate
data is collected through the CMMS program(s), such as Cityworks, during the
implementation, or integration, phase of the Project.
Public Engagement
The proposed RFP is included in the City’s City Council Agenda package, subject to
public review and comment prior to consideration by the City Council.
CONCURRENCE
The Information Technology Steering Committee has reviewed the Project and concurs
with moving forward with the first phase of the SAMP, inclusive of the tasks identified in
the Draft RFP.
ENVIRONMENTAL REVIEW
The Project consists of a plan that will be used to organize and manage asset information
and data within a Computerized Maintenance Management System and would not result
in any physical changes to the environment. Therefore, the Project is exempt from the
California Environmental Quality Act (CEQA), pursuant to the general rule that CEQA
“applies only to projects which have the potential for causing a significant effect on the
environment” (CEQA Guidelines Section 15061).
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Item 5c
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-23
Funding Identified: Yes
Fiscal Analysis:
The 2021-23 Financial Plan and 2022-23 Financial Plan Supplement include $195,000
for the Project (Fiscal Years 2021-22 and 2022-23)3 and $90,000 anticipated for the
Project (referred to in the Financial Plan as Cityworks Integration) in 2024-25.4 The Whale
Rock Fund is contributing to this Project through Whale Rock Commission action, and the
City Council already appropriated the City's contribution through the Source of Supply
operating budget for FY2022-23. As the proposed RFP is limited to the design phase of
the Project, staff is requesting funding for this first phase only in the amount of $145,000,
within the amount appropriated in the adopted budget. As shown in the table below, the
request includes $45,000 from the Water Fund and $100,000 from the Sewer Fund; the
reason the cost is not split equally is due to the WRRF’s SLO Water Plus project, which
is adding a substantial number of new assets to the City’s inventory. The implementation
phase of the Project will be contracted pursuant to separate funding request(s), RFP(s),
and Consultant Agreement(s).
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Water Fund $45,000 $45,000 $0 $0
Sewer Fund $150,000 $100,000 $50,000 $0
Total $195,000 $145,000 $50,000 $0
ALTERNATIVES
Deny or defer approval to advertise. The City Council may choose to deny or defer the
approval to advertise this project. Staff does not recommend this alternative as the Project
is needed to facilitate asset management consistency and ensure appropriate data is
collected through the City’s CMMS programs.
ATTACHMENT
A - Request for Proposals for Strategic Asset Management Plan, Specification 1000077-08
3 Water Fund, Cityworks Integration (1000542) and Sewer Fund, Cityworks Integration (Project No.
1000077)
4 Sewer Fund, Cityworks Integration (Project No. 1000077)
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The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
DRAFT
Notice Requesting Proposals for Preparation of a Strategic Asset Management Plan (SAMP)
for the Public Utilities Department
The City of San Luis Obispo is requesting proposals for the Utilities Department Strategic Asset
Management Plan (SAMP).
All firms interested in receiving further correspondence regarding this Request for Proposals will be
required to complete a free registration using BidSync (https://www.bidsync.com/bidsync‐app‐
web/vendor/register/Login.xhtml).
All proposals must be received via BidSync at or before October 6, 2022 by 5:00 PM when they will be
opened electronically in BidSync.
An optional pre‐proposal conference will be held at the following location, date, and time to answer any
questions that the prospective proposers may have regarding the City's RFP:
Council Hearing Room
990 Palm Street, San Luis Obispo
September 20, 2022 at 10:00 AM (tentative)
1‐888‐204‐5987, Code: 8618289
Project packages and additional information may be obtained at the City's BidSync website at
www.BidSync.com. Please contact Chris Lehman, Deputy Director, Wastewater, at 805‐781‐7039 or
clehman@slocity.org with any questions. All questions shall be submitted on or before September 23,
2022 at 5:00 PM (tentative) and responses to questions will be answered publicly on BidSync by
September 29, 2022 (tentative).
For technical help with BidSync, please contact BidSync tech support at 800‐990‐9339.
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TABLE OF CONTENTS
SECTION A. INTRODUCTION .......................................................................................................................... 1
SECTION B. SCOPE OF WORK ........................................................................................................................ 4
SECTION C. PROJECT SCHEDULE ................................................................................................................... 7
SECTION D. PROJECT BUDGET ...................................................................................................................... 8
SECTION E. SUBMITTAL REQUIREMENTS ...................................................................................................... 8
SECTION F. ADDITIONAL SERVICES ............................................................................................................... 9
SECTION G. SELECTION PROCESS .................................................................................................................. 9
SECTION H. GENERAL TERMS AND CONDITIONS ....................................................................................... 10
PROPOSAL REQUIREMENTS ....................................................................................................................... 10
CONTRACT AWARD AND EXECUTION ........................................................................................................ 11
CONTRACT PERFORMANCE ........................................................................................................................ 11
SPECIAL TERMS AND CONDITIONS ............................................................................................................ 11
SECTION I. INSURANCE REQUIREMENTS .................................................................................................... 18
SECTION J. PROPOSAL SUBMITTAL FORM ‐ SAMPLE .................................................................................. 22
EXHIBIT A : FORM OF AGREEMENT ............................................................................................................. 27
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SECTION A. INTRODUCTION
The City of San Luis Obispo (City) wishes to obtain the services of a professional firm (Consultant) to
prepare a Strategic Asset Management Plan (SAMP) for the City Utilities Department.
Project Purpose
The Utilities Department includes seven operating sections: Whale Rock Reservoir (WRR), Water
Treatment Plant (WTP), Water Resources (WR), Water Distribution (WD), Wastewater Collections (WWC),
Water Resource Recovery Facility (WRRF), and Control Systems (CS). In the Department, asset
management protocols have varied by program based on available software, and the variability in the
section’s operational needs. This variance is exacerbated as new management and staff turnover occurs
in the City. The need to have consistent protocols to track new equipment, decommissioned systems,
and critical operational data is an important step in prolonging the useful life of sewer and water
infrastructure. The Department also lacks a standardized and current training program for existing and
new staff members. There have been major changes to infrastructure linked to recent capital
improvement projects (CIPs) at the Water Treatment Plant (WTP) through the Ozone and Energy Efficiency
Upgrade Project, and the Water Resource Recovery Facility (WRRF) through the SLO Water Plus project
that would benefit in the development of this plan. Additional CIPs underway include new sewer lift
stations, pipeline replacement projects, and pump stations. Staff would like to create an asset
management guide that will standardize program approach and serve as a reference for migrating and
constructing new asset records and maintenance schedules. The design guide will assist both current and
future staff as additional changes are made. The WTP and WRRF are currently using an outdated
computerized maintenance management system (CMMS) software, which is Infor's MP2. The software is
no longer supported and has limited reporting and remote access features. The City also has an enterprise
license for Cityworks CMMS, and staff at the WTP and WRRF have considered this to be the likely
candidate to replace MP2. WWC, WR, and WD are currently using a mature implementation of Cityworks,
WRR recently implemented Cityworks, and CS has no CMMS software. There are benefits with CMMS
standardization but potential limitations for the two treatment plants that have mainly vertical assets that
require ongoing maintenance.
A SAMP is a CMMS design guide. This design guide will facilitate consistency and ensure appropriate data
is collected through our CMMS programs by determining standards for, among other things, asset
definitions, attributes, classes, hierarchy, and criticality. This data will be help prioritize preventative
maintenance schedules, facilitate efficient workflows, and extract pertinent information in the form of
reports and system audits. The City is interested in developing a Reliability Centered Maintenance (RCM)
program, which would rely on automated analysis to focus resources rather than relying solely on the
manufacture's maintenance recommendations as the asset degrades from wear and tear. The RCM may
differ from the intentionally conservative recommendations but shall not conflict with warranty
requirements. RCM recommendations will be developed through the SAMP.
Each participating operating section of the Utilities Department (WRR, WR WTP, WD, WWC, WRRF and
CS) will be considered unique and yet related sections of an interconnecting set of systems. Both WTP
and WRRF have primarily vertical assets and are operating in a campus setting. The WD and WWC systems
are primarily linear. While some equipment, regulatory standards, certification, and other program
elements may be unique, there are many similarities. The Water and Wastewater divisions will look for
aspects of each structural CMMS program that can be standardized while being mindful of any unique
requirements that are necessary, as well as any schedule limitations or competing priorities.
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The goals of the Project will be to:
1. Standardize asset management for the Utilities Department, including the Water Treatment
Plant (WTP), Water Resource Recovery Facility (WRRF), Water Distribution (WD), Wastewater
Collection (WWC), Whale Rock Reservoir (WRR), Water Resources (WR), and Control Systems
(CS);
2. Provide a consistent platform to inventory, manage, assess, maintain, and replace assets;
3. Enable staff to assess existing conditions of assets quickly and efficiently;
4. Optimize existing operations and maintenance procedures;
5. Optimize use of capital investment dollars;
6. Identify resource needs (e.g., equipment, materials, staffing, funding, technology);
7. Review and confirm if the current Cityworks CMMS platform will be optimal for all Water and
Wastewater Division operations; and
8. Allow for future implementation of the SAMP based on the unique characteristics of each
operating section of the Utilities Department (WRR, WR, WTP, WC, WWC, WWRF, and CS).
Background
The Utilities Department provides water and wastewater services to the City of San Luis Obispo and is
responsible for the administration, billing, customer service, operation, maintenance, design, inspection,
and construction of the City's water and wastewater related infrastructure. It is our mission to ensure
safe and reliable essential utilities services and it is our goal to be trusted by the community to sustainably
manage our resources every day. We are proud to provide these essential services to our community.
The City encompasses a total area of 13.2 square miles. The City has four primary water supply sources
including Whale Rock Reservoir, Salinas Reservoir, Nacimiento Reservoir, and recycled water (for
irrigation). Whale Rock is a 38,967‐acre‐foot reservoir created by the construction of an earthen dam on
Old Creek near the town of Cayucos, approximately 20 miles nort hwest of the City of San Luis Obispo. The
Whale Rock dam was designed and constructed by the State Department of Water Resources beginning
in October 1958 and completed in April 1961, to provide water to the City of San Luis Obispo, California
Polytechnic State University, and the California ' 'Men's Colony (these three groups make up the Whale
Rock Commission). The Whale Rock Dam captures water from a 20.3 square mile watershed and water is
delivered to the three agencies through 17.6 miles of 30‐inch pipeline and two pumping stations. The
Salinas Reservoir (Santa Margarita Lake) captures water from a 112 square mile watershed and can
currently store up to 23,843 Acre‐Feet. Water from the reservoir is pumped through the Cuesta Tunnel
(a one‐mile‐long tunnel through the mountains of the Cuesta Ridge) and then flows by gravity to the '
'City's Water Treatment Plant. The City has water rights to store up to 45,000 Acre‐Feet. The Nacimiento
Reservoir is owned and operated by the Monterey County Water Resources Agency. The City has a
contractual entitlement to 5,482 AFY of water from Nacimiento; the water is delivered via an
approximately 45‐mile pipeline.
Water is treated at the City's Water Treatment Plant (WTP), which is a state‐of‐the‐art ozone treatment
plant designed to treat a maximum of 16 million gallons per day. The treatment plant utilizes ozone for
primary disinfection and chlorination as secondary disinfection.
The City's potable water distribution system delivers water from the WTP to approximately 15,700
metered customers and over 2,000 fire hydrants via 190 miles of water mains, 11 storage tanks, and seven
pump stations. Additional assets include over 14,800 water meters, 5,011 isolation valves, 1,867 fire
hydrants, 81 air vacs, and 31 pressure reducing valves.
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The City's Water Resources section provides management of the City's Recycled Water Program,
groundwater pumping program, and water conservation program. This team is tasked with the expansion
of groundwater pumping as well as the acquisition of future water supplies that are needed to meet the
City's future needs.
The City's Water Resource Recovery Facility (WRRF) is responsible for treating all of the wastewater
(sewage) within the City, California Polytechnic State University (Cal Poly) and the San Luis Obispo County
Regional Airport, in addition to the production of Title 22 recycled water. The facility treats on average,
3.1 million gallons of wastewater daily, twenty‐four hours a day, 365 days a year. A comprehensive
upgrade to the WRRF (SLO Water Plus Project) is currently underway, and is anticipated to be completed
in the fourth quarter of 2023. The SLO Water Plus Project will convert the ' 'facility's chlorination systems
to ultraviolet (UV) disinfection, modify the bioreactors for denitrification, replace clarifiers and gravity
filters with a membrane bioreactor, and includes significant upgrades to solids digestion and handling. A
substantial amount of new assets have been added, and existing assets have been removed from the
City's inventory and Computerized Maintenance Management System (CMMS) as the Project nears
completion.
The City's wastewater collection system is comprised of over 138 miles of main line, nine lift stations,
2,900 manholes, and various other assets. The collection system has over 14,000 private sewer lateral
connections. Three capacity constrained areas are located within the City. Capacity constrained areas
are areas where the existing sewer system infrastructure (pipelines) cannot accommodate additional
wastewater flow due to inflow and infiltration during peak wet weather events. The City's Wastewater
Flow Offset Program was established in 2019 to improve capacity within these areas.
The WRRF also produces recycled water, which is stored at the facility and distributed to customers within
the City. The current recycled water distribution system consists of over 14 miles of pipeline. The system
will continue to expand based on City build‐out and future customer demand.
As shown in the table below, the Utilities Department currently inventories and manages water and
wastewater assets via multiple software platforms.
Asset Group Software (Inventory and Management)
Water Treatment Plant CMMS: Infor MP2
Operating/lab: Hach WIMS
SCADA: Ignition
Water Resource Recovery Facility CMMS: Infor MP2
Operating/lab: Hach WIMS
SCADA: GE iFIX/transitioning to Ignition
Wastewater Collections System CMMS: Cityworks
CCTV: ITPipes
SCADA: GE iFIX
Water Distribution CMMS: Cityworks
SCADA: GE iFIX
Whale Rock CMMS: Cityworks
Water Resources CMMS: Cityworks
Control Systems CMMS: None
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The City currently uses and holds enterprise licenses for Cityworks CMMS and ArcGIS for most of the City's
operating and maintenance sections (water distribution, wastewater collections, trees, streets
maintenance, etc.). Cityworks provides mobile work order fulfillment for these operating sections utilizing
the Verizon 4G wireless network. Cityworks is a GIS‐centric software that references ESRI‐compatible
geodatabases residing on Microsoft SQL Server for centralized data and information management. Asset
management integration will allow the City to see the location of assets and plan for maintenance,
replacement, and other improvements. The asset management software is required to populate and/or
integrate with pre‐existing spatial database engine (SDE) geodatabases so the City can leverage Cityworks
for work order management. This will provide direct integration to asset maintenance management, and
work order management processes. The City sees benefits in standardizing on a CMMS platform for its
various operating sections, is interested in expanding the use of Cityworks, and is seeking guidance on this
strategy for its operating sections.
Information Available
The following information is available on the ' 'City's website:
Urban Water Management Plan
Potable Water Distribution System Operations Master Plan
Recycled Water Master Plan
Sewer System Management Plan Update
WRRF Facilities Plan (available by request)
Water and Wastewater Element
The following information will be provided to the selected Consultant subsequent to award, in addition
to any additional information requested by the Consultant (as applicable and available):
GIS layers
Existing asset inventory databases
As‐built plan sets for vertical and linear assets
SECTION B. SCOPE OF WORK
The SAMP shall define a uniform process for tracking/managing equipment, facilities, maintenance
programs, work orders, procedures, safety elements, and the ability for predictive and reliability centered
maintenance tracking. The scope of work will include the following tasks, as described in further detail
below:
Task 1: Project Management and Quality Assurance
Task 2: Staff Interviews and Site Visits
Task 3: Information Review
Task 4: Technical Memorandum #1 SAMP Structure
Task 5: Technical Memorandum #2 SAMP Assets and Procedures
Task 6: SAMP Design Guide
Task 7: Technical Memorandum #3 Evaluate SAMP Platform/Software
Interested consultants are encouraged to develop a scope of work that addresses the ' 'City's needs and
provides value and innovation. Optional tasks recommended by the consulting firm to enhance the work
product should also be included in the proposal and shall be clearly identified as optional items with a
separate cost line. Fully describe any exceptions to the anticipated scope as outlined in the RFP. Identify
information needs or work that the consultant expects to be completed by City staff. If there are no
expectations of City staff effort listed for a task, the City will expect the task to be completed without any
City staff time. The consulting firm selected for this project will be required to provide the necessary
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equipment, materials, and labor to complete the following services. Consultant's proposal shall clearly
state the assumptions used to develop the scope of work, schedule, and budget requirement.
The second phase of this Project will be funded and detailed separately, which will be tailored to the
specific needs and timelines of each operating section. This second phase includes software training
programs and schedules for staff, determination and contracting of backend software maintenance
(internal and external), and migration and restructuring of existing CMMS software. For example, WD,
WWC, WR, and WRR management will need to determine what changes will be made to their mature
Cityworks CMMS's. CS will need to determine what CMMS solution or method will be used (if not
Cityworks). WTP and WRRF will require migration and restructuring services to move and restructure
their existing CMMS databases to the new software (Cityworks or otherwise). The SAMP should be
prepared in anticipation of this second phase of the Project and take into consideration that
implementation will be unique for each operating section.
Task 1. Project Management and Quality Assurance
Project management tasks shall include submittal of a work plan and schedule, progress reporting,
scheduling, office administration, meetings, and general correspondence. The project manager shall
ensure the Project is implemented within the approved schedule and budget, based on the approved
Scope of Work and cost estimate. Regular contact with City staff shall be maintained to incorporate
decisions and suggestions regarding the direction of the Project. Weekly status reports shall also be
emailed to the City. These status reports shall be supplemented with regular telephone calls to the City
as required to discuss the status of ongoing work efforts and outstanding issues. Invoices shall include a
detailed summary of tasks completed during the period and include any amended changes in scope
and/or fee.
The Consultant shall budget for a kick‐off meeting upon execution of the Contract. The consultant shall
prepare meeting agendas, minutes, and support presentation materials for all meetings, and shall provide
the meeting minutes to the City within five working days following the meeting.
The Consultant shall provide the services of senior‐level staff persons with applicable experience to
conduct technical reviews of project deliverables prior to submittal to the City. Any other formal quality
assurance programs proposed to be used by the Consultant should be included as part of the scope of
work and described in the proposal.
Task 2. Staff Interviews and Site Visits
Early in the process, the Consultant will meet and conduct interviews to complete a needs analysis and
develop a matrix of asset types and information that each operating section will want managed within the
SAMP. Each operating section (user group) has different needs which will be addressed in the SAMP. The
operating sections (user groups) participating in this evaluation include:
Engineering and Planning (CIP)
Information Technology (Control Systems)
Utilities Administration and Analysts (asset depreciation)
Wastewater Collections
Water Resource Recovery Facility
Water Treatment Plant
Water Distribution
Whale Rock Reservoir
Water Resources
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The Consultant shall also visit and receive a tour of City facilities, including the WTP, WRR, WRRF, WWC
and WD. The Consultant shall assume that all interviews and facility tours will occur over four (4) day
period. If the Consultant anticipates needing additional time at the facilities, make it clear in your proposal
the estimated time needed and the anticipated goals of the additional visits.
Task 3. Information Review
The Consultant will collect information and visit City facilities to understand City processes and
management needs. The Consultant shall provide an information request to the City identifying any data
not previously provided; the City will respond based on availability of information.
Task 4. Technical Memorandum #1 SAMP Structure
Based on the information review, interviews, and site visits, the Consultant will develop a system that
delineates how to structure the ' 'City's asset trees for the different facilities. This hierarchy system shall
define the structure that will be used in the SAMP. This information shall be compiled into Technical
Memorandum (TM) #1. The Consultant shall provide TM #1 in Word (.doc) format for City review. The
Consultant should assume two rounds of review by City staff prior to finalization, including two review
meetings with the City.
Deliverables:
TM #1 Draft 1 (Word, .doc format)
TM #1 Draft 2 (Word, .doc format including tracked changes and responses to City comments)
TM #1 Final Draft (Word, .doc format and Adobe, .pdf format)
Task 5. Technical Memorandum #2 SAMP Assets and Procedures
Based on the information gathered above, the Consultant will compile the critical information for each
asset/procedure types that will be recorded/tracked in the SAMP. This may include, but is not limited to,
naming conventions, current asset condition/status, maintenance schedules and procedures, asset
tracking information, critical inventory, associated documentation (attached files), work hours, critical
regulatory reporting information, etc. This information shall be developed and compiled into TM #2. The
Consultant shall provide TM #2 in Word (.doc) format for City review. The Consultant should assume two
rounds of review by City staff prior to finalization, including two review meetings with the City.
Deliverables:
TM #2 Draft 1 (Word, .doc format)
TM #2 Draft 2 (Word, .doc format including tracked changes and responses to City comments)
TM #2 Final Draft (Word, .doc format and Adobe, .pdf format)
Task 6. SAMP Design Guide
Upon completion of TM #1 & 2, the Consultant will compile the information into the SAMP Design Guide
format. The SAMP Design Guide shall provide Staff the information needed for managing all aspects of
operations as defined in TM# 1 & 2. The SAMP Design Guide will provide an overview of the asset
hierarchy and asset specifics for input into the software asset management program. The SAMP Design
Guide will be structured and tabbed for easy reference by Staff. The guide shall be broken down in a
logical progression based on work tasks, procedures, safety procedures, and operations. The document
shall also include a cover page, table of contents and executive summary providing direction on how to
utilize the SAMP Design Guide. The Consultant shall provide the SAMP Design Guide in Word (.doc) format
for City review. The Consultant should assume two rounds of review by City staff prior to finalization,
including two review meetings with the City.
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Deliverables:
SAMP Design Guide Draft 1 (Word, .doc format)
SAMP Design Guide Draft 2 (Word, .doc format including tracked changes and responses to City
comments)
SAMP Design Guide Final Draft (Word, .doc format and Adobe, .pdf format)
Task 7. Technical Memorandum #3 Evaluate SAMP Platform/Software
Consultant shall evaluate and provide a recommendation regarding continued use of the City's current
program, Cityworks. The City must be afforded a side‐by‐side comparison of up to three software
platforms that can be tested on a small scale pilot program. The three pilot programs must identify at a
minimum: the effectiveness of tracking work orders, asset identifications, and maintenance reminders to
prolong the life of the infrastructure. The Consultant shall identify any constraints, limitations, and
benefits related to use of Cityworks as the Department's CMMS, taking into consideration the needs of
each operating section. The Consultant shall prepare TM #3 tha t summarizes the results of the evaluation.
Information to be considered includes, but is not limited to:
Asset management ability
Document and photo and video upload capabilities
Functionality and ease of training
Reporting functions (built‐in and custom)
Capability with other City system software
o Oracle, ArcGIS, SCADA, PowerBI, MS SQL Server
Ability to manage vertical and horizontal assets
Ongoing maintenance and needed resources to maintain and grow capabilities
Staffing and administrator needs (labor time requirement)
Initial and annual Costs
IT requirements
Mobile platform capabilities
Security and permissions capabilities
Data sharing and workflow coordination between operating sections
SECTION C. PROJECT SCHEDULE
Proposal Review and Award Schedule [ADD PRIOR TO RELEASE OF RFP]
Task Date
Issue RFP
Pre‐Proposal Meeting (Optional)
Final Questions Due
City Response to Questions
RFP Due
Complete Proposal Evaluations
Conduct Finalist Interviews and Finalize Recommendation
Execute Contract/Agreement
Project Kick‐off Meeting
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There are critical needs at the WRRF and WTP. The City will work with the consultant to ensure that the
SAMP is complete by [DATE] such that implementation for these facilities will occur by [DATE].
SECTION D. PROJECT BUDGET
In a sealed envelope as a separate document to your RFP response, provide five copies of a Cost Proposal
listing the cost for each task. Provide an itemized breakdown of all services to be provided and the
estimated number of hours to complete each task and sub‐task. Provide estimated hours for your staff in
performing each phase and task of the work, including sub‐consultants, so we can clearly see who will be
doing what work, and how much time it will take. The information shall be provided in a spreadsheet
format to enable City staff to determine the key project team 'members' involvement proposed for each
task and the number of management, technical, drafting, and support personnel hours. The name of
team member shall be included in the column headings of the spreadsheet.
Identify all costs to be billed t o the Project, including cost per hour for each project team member and the
total cost envisioned for each task, project expenses, and sub‐consultant costs. Include any proposed
mark‐up for sub‐consultant fees. Include a copy of the proposed rate schedule(s) to be used for the
duration of the Project including any adjustments that are proposed to occur during the life of the Project.
Any proposed adjustments shall be factored into the total proposed project cost.
SECTION E. SUBMITTAL REQUIREMENTS
1. Letter of Interest (Five page maximum). Please include in the submittal a letter introducing the
Consultant and expressing the Consultant' s interest in being considered for the Project. The
letter of interest should also include all the following:
a. Provide the name of the entity, its mailing address, telephone, facsimile number. Please
describe the organization.
b. Indicate that the Consultant has the availability and time to dedicate the personnel and
resources necessary to complete the identified Scope of Work.
c. Indicate that the Consultant has the minimum necessary professional qualifications for
successfully performing the work required by the City, including enterprise level CMMS
planning project experience for at least five water or wastewater treatment plants, and
reliability centered maintenance certification.
d. Indicate the intention of the Consultant to adhere to the provisions described in the RFP.
e. If selected, the Consultant will be expected to sign a service provider agreement or
contract with the City.
f. Please identify the contact person responsible for the submittal, specifying the name,
title, and contact information.
g. Please note that the person signing the letter of interest must be a legal representative
of the Consultant authorized to bind the Consultant to an agreement in the event of an
award.
2. Relevant Experience of Key Personnel and the Firm (Ten page maximum)
a. General Firm Information. General firm information including the number of employees,
location of firm headquarters, branch offices, and the number of years in business may
also be provided.
b. Key Personnel Experience. The submittal must identify the key personnel and any
subconsultants that would be assigned if awarded a contract, detailing their
qualifications, areas of expertise, certifications, education, training, a summary of their
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past experience performing similar services for the City of San Luis Obispo and/or other
jurisdictions, and a resume of each key personnel and sub‐consultant. Clearly describe
each individual's specific role in the representative Project, and proposed specific role in
the preparation of the City's Strategic Asset Management Plan.
c. Firm and Sub‐consultant Experience. The submittal must describe the Firm's and Sub‐
consultant's pertinent project experience, including a list of performed relevant projects,
past performance, and examples of similar work for the City or other jurisdictions.
Identified qualifications should include the Consultant's experience preparing asset
management plans and design guides for local agencies.
4. Work Program and Schedule.
a. Provide a narrative of the approach and processes that will be employed to accomplish
the identified Scope of Work.
b. Provide a detailed schedule by task for completing the identified Scope of Work.
5. Client References. Consultants must provide a minimum of three client references. Include a
brief description of the Project, provided professional services, and reference contact name,
email, and phone number.
6. Proposal Length and Copies. Proposal submittal shall not exceed 60 pages, including
attachments and supplemental materials and excluding the proposed cost estimate. The
preferred method for submission is electronic via BidSync. How ever, if you wish to submit a paper
copy, please submit five copies in a sealed envelope or box to the Department of Finance, City of
San Luis Obispo, 990 Palm Street, San Luis Obispo, California, 93401.
SECTION F. ADDITIONAL SERVICES
If there are related services not otherwise identified in the City' s RFP, the Consultant may offer those to
the City. Submittals are not required to address any additional services in order to be considered
acceptable. However, the final selection of the successful Consultant may be based on the desirability of
the additional services offered.
SECTION G. SELECTION PROCESS
Submittals received by the deadline will be reviewed by a selection panel comprised of City staff who have
relevant knowledge and experience. The panel will score the proposals based upon the proposal materials
submitted according to the following criteria:
1. Letter of Interest. Availability demonstrated the capacity and qualifications necessary to provide
the consulting services specified in the RFP. Ability to meet standard City contract and insurance
requirements.
2. Relevant Qualifications and Experience. Background and experience of the specific individuals
managing and assigned to the Project. Demonstrated competence and professional qualifications
necessary for successfully performing the work required by the City. Demonstrated ability, based
on Consultant experience and specific experience of key personnel, to provide professional
services identified in the RFP. Recent team experience in successfully performing similar services.
3. Proposed Approach in Completing the Work. Demonstrated understanding of the work required
by the City. Creativity of the proposed approach in completing the work. Demonstrated added
value to the City if selected to implement the Scope of Work.
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4. Responsiveness to the RFP. Presentation, completeness, responsiveness, quality, and clarity of
information provided. Writing ability and demonstrated quality assurance and control.
5. Cost Estimate. The Consultant's cost competitiveness and reasonableness.
6. Client References. A minimum of three client references shall be provided.
Contract award will not be based solely on price, but on a combination of factors as determined to be in
the best interest of the City. After evaluating the proposals and discussing them further with the finalists
or the tentatively selected Consultant, the City reserves the right to further negotiate the proposed work
and/or method and amount of compensation.
If a firm cannot be selected based solely on the proposals submitted, up to three firms submitting the
most highly rated RFPs will be invited for interviews. The proposed project manager must be present at
the interview; up to four others may attend at the discretion of the firm. The final scope and contract
amount will be negotiated with the selected consultant. In the event that negotiations are not successful,
staff reserves the right to enter into negotiations with other ranked firms.
SECTION H. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall
meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue
of its proposal submittal, the bidder acknowledges agreement with and acceptance of all
provisions of the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be submitted electronically via BidSync. However, if you 'can't submit
electronic please send your bid copy in a sealed envelope to the Department of Finance, City of
San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature
opening, the proposal should be clearly labeled with the proposal title, project number, name of
bidder, and date and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self‐insured retention.
The purpose of this submittal is to generally assess the adequacy of the bidder's insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are
not required until contract award. The City's insurance requirements are detailed in Section E.
4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities
indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces
provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The
Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount
stated by any bidder for any item are not in agreement, the unit price alone will be considered as
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representing the bidder's intention, and the proposal total will be corrected to conform to the
specified unit price.
5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal without prejudice prior
to the time specified for the proposal opening by submitting a written request to the Director of
Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened.
No proposal received after the time specified or at any place other than that stated in the "Notice
Inviting Bids/Requesting Proposals" will be considered. All proposals will be opened and declared
publicly. Bidders or their representatives are invited to be present at the opening of the
proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to
make or file or to be interested as the primary submitter in more than one proposal, except an
alternative proposal when specifically requested; however, an individual or business entity that
has submitted a sub‐proposal to a bidder submitting a proposal, or who has quoted prices on
materials to such bidder, is not thereby disqualified from submitting a sub‐proposal or from
quoting prices to other bidders submitting proposals.
7. Communications. All timely requests for information submitted in writing will receive a written
response from the City. Telephone communications with City staff are not encouraged but will
be permitted. However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of
60 days for examination and comparison. The City also reserves the right to waive non‐substantial
irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a
proposal and accept the other, except to the extent that proposals are qualified by specific
limitations. See the "special terms and conditions" in Section C of these specifications for proposal
evaluation and contract award criteria.
9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of bidders. Bidders will provide,
in a timely manner, all information that the City deems necessary to make such a decision.
10. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written
contract with the City within ten (10) calendar days after notice of the award. The contract shall
be made in the form adopted by the City and incorporated in these specifications.
CONTRACT PERFORMANCE
11. The City's contract terms and conditions that Consultant will be expected to execute and be bound
by are attached hereto as Exhibit A.
SPECIAL TERMS AND CONDITIONS
1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms
and Conditions) of these specifications, the contract will be awarded to the lowest responsible,
responsive proposer.
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2. Sales Tax Reimbursement.
For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues.
Therefore, for bids from retail firms located in the City at the time of proposal closing for which
sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the
proposal by the City in calculating and determining the lowest responsible, responsive proposer.
3. Labor Actions.
In the event that the successful proposer is experiencing a labor action at the time of contract
award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves
the right to declare said proposer is no longer the lowest responsible, responsive proposer and to
accept the next acceptable low proposal from a proposer that is not experiencing a labor action,
and to declare it to be the lowest responsible, responsive proposer.
4. Failure to Accept Contract.
The following will occur if the proposer to whom the award is made (Contractor) fails to enter into
the contract: the award will be annulled; any bid security will be forfeited in accordance with the
special terms and conditions if a proposer's bond or security is required; and an award may be
made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if
it were the party to whom the first award was made.
5. Contract Term.
The supplies or services identified in this specification will be used by the City for preparation of
the Strategic Asset Management Plan (SAMP). The prices quoted for these items must be valid
for the entire period indicated above unless otherwise conditioned by the proposer in its
proposal.
6. Contract Extension.
The term of the contract may be extended by mutual consent for an additional one‐year, and
annually thereafter, for a total of four years.
7. Supplemental Purchases
Supplemental Purchases. Supplemental purchases may be made from the successful proposer
during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For
these supplemental purchases, the proposer shall not offer prices to the City in excess of the
amounts offered to other similar customers for the same item. If the proposer is willing to offer
the City a standard discount on all supplemental purchases from its generally prevailing or
published price structure during the contract term, this offer and the amount of discount on a
percentage basis should be provided with the proposal submittal.
8. Contractor Invoices.
The Contractor may deliver either a monthly invoice to the City with attached copies of detail
invoices as supporting detail, or in one lump‐sum upon completion.
9. Non‐Exclusive Contract. The City reserves the right to purchase the items listed in the Detail
Proposal Submittal Form, as well as any supplemental items, from other vendors during the
contract term.
10. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog
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numbers used in the specifications are for the purpose of describing and establishing general
quality levels. Such references are not intended to be restrictive. Proposals will be considered
for any brand that meets or exceeds the quality of the specifications given for any item. In the
event an alternate brand name is proposed, supplemental documentation shall be provided
demonstrating that the alternate brand name meets or exceeds the requirements specified
herein. The burden of proof as to the suitability of any proposed alternatives is upon the
proposer, and the City shall be the sole judge in making this determination.
11. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and
conditions of this RFP package shall include delivery charges, to be delivered FOB San Luis Obispo
by the successful proposer and received by the City within 90 days after authorization to proceed
by the City.
12. Start and Completion of Work. Work on this Project shall begin immediately after contract
execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated
with City by mutual agreement.
13. Change in Work. The City reserves the right to change quantities of any item a fter contract award.
If the total quantity of any changed item varies by 25% or less, there shall be no change in the
agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of
25% shall be subject to negotiation with the Contractor.
14. Submittal of References. Each proposer shall submit a statement of qualifications and references
on the form provided in the RFP package.
15. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any
past governmental agency bidding or contract disqualifications on the form provided in the RFP
package.
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PROPOSAL CONTENT
1. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
c. References from at least three firms for whom you have provided similar services.
Qualifications
a. Experience of your firm and those of sub‐consultants in performing work and projects
relevant to the Scope of Services outlined and described in the request.
b. Resumes of the individuals who would be assigned to this Project, including any sub‐
consultants, with their corollary experience highlighted and specific roles in this Project
clearly described.
c. Standard hourly billing rates for the assigned staff, including any sub‐consultants.
d. Statement and explanation of any instances where your firm or sub‐consultant has been
removed from a project or disqualified from proposing on a project.
Work Program
a. Detailed description of your approach to completing the work.
b. Detailed schedule by task and sub‐task for completing the work.
c. Estimated hours for your staff in performing each phase and task of the work, including
sub‐consultants, so we can clearly see who will be doing what work, and how much time
it will take.
d. Detailed budget by task and sub‐task for completing the work.
e. Services or data to be provided by the City.
f. Services and deliverables provided by the Consultant(s).
g. Any other information that would assist us in making this contract award decision.
h. Description of assumptions critical to development of the response which may impact
cost or scope.
Requested Changes to Terms and Conditions
a. The City desires to begin work soon after selecting the preferred Consultant Team and
expects the Consultant to execute the ' 'City's contract and all of the terms therein, as
set forth in Exhibit A. To expedite the contracting process, each submittal shall include
requested redlined changes to terms and conditions, if necessary. Please be advised that
' 'Consultant's requested changes to the ' 'City's terms and conditions will be considered
by City staff when scoring and determining the competency and responsibility of the
bidder.
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Proposal Length
a. Proposal length should only be as long as required to be responsive to the RFP, including
attachments and supplemental materials. Qualification submittal shall not exceed 60
pages, including attachments and supplemental materials and excluding the proposed
cost estimate.
2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee and
evaluated on the following criteria:
a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal.
c. Demonstrated competence and professional qualifications necessary for successfully
performing the work required by the City.
d. Recent team experience in successfully performing similar services.
e. Creativity of the proposed approach in completing the work.
f. Value
g. Writing skills.
h. References.
i. Background and experience of the specific individuals managing and assigned to this
Project.
As reflected above, contract award will not be based solely on price, but on a combination of factors as
determined to be in the best interest of the City. After evaluating the proposals and discussing them
further with the finalists or the tentatively selected contractor, the City reserves the right to further
negotiate the proposed work and/or method and amount of compensation.
3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for
proposal review and contract award:
a. Issue RFP [date]
b. Pre‐Proposal Conference (optional) [date]
c. Receive proposals [date]
d. Complete proposal evaluations [date]
e. Conduct finalist interviews and finalize recommendation [date]
f. Execute contract [date]
g. Start work [date]
4. Pre‐Proposal Conference. An optional pre‐proposal conference will be held at the following
location, date, and time to answer any questions that prospective bidders may have regarding
this RFP:
[Day, Date, Time]
[LOCATION]
5. Ownership of Materials. All original drawings, plan documents and other materials prepared by
or in possession of the Contractor as part of the work or services under these specifications shall
become the permanent property of the City and shall be delivered to the City upon demand.
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6. Release of Reports and Information. Any reports, information, data, or other material given to,
prepared by or assembled by the Contractor as part of the work or services under these
specifications shall be the property of the City and shall not be made available to any individual
or organization by the Contractor without the prior written approval of the City.
7. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Contractor is required to furnish in
limited quantities as part of the work or services under these specifications, the Contractor shall
provide such additional copies as are requested, and City shall compensate the Contractor for the
costs of duplicating of such copies at the Contractor's direct expense.
8. Required Deliverable Products. The Contractor will be required to provide:
a. One electronic submission ‐ digital‐ready original .pdf of all final documents. If you wish
to file a paper copy, please submit in sealed envelope to the address provided in the RFP.
b. Corresponding computer files compatible with the following programs whenever possible
unless otherwise directed by the project manager:
Word Processing: MS Word
Spreadsheets: MS Excel
Desktop Publishing: InDesign
Virtual Models: Sketch Up
Digital Maps: Geodatabase shape files in
State Plan Coordinate System as
specified by City GIS staff
c. City staff will review any documents or materials provided by the Contractor and, where
necessary, the Contractor will be required to respond to staff comments and make such
changes as deemed appropriate.
ALTERNATIVE PROPOSALS
9. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it
believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternative
and discuss under what circumstances the City would prefer one alternative to the other(s).
10. Attendance at Meetings and Hearings. As part of the workscope and included in the contract
price is attendance by the Contractor at up to [number] public meetings to present and discuss
its findings and recommendations. Contractor shall attend as many "working" meetings with staff
as necessary in performing work‐scope tasks.
11. Accuracy of Specifications. The specifications for this Project are believed by the City to be
accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are
cautioned to undertake an independent analysis of any test results in the specifications, as City
does not guaranty the accuracy of its interpretation of test results contained in the specifications
package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall
bear sole responsibility for proposal preparation errors resulting from any misstatements or
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omissions in the plans and specifications that could easily have been ascertained by examining
either the project site or accurate test data in the City's possession. Although the effect of
ambiguities or defects in the plans and specifications will be as determined by law, any patent
ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure
to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An
ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming
reasonable skill, ability and diligence on its part, knew or should have known of the existence of
the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in
writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any
right to assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be
liable for costs incurred by the successful bidder to achieve the ' 'Project's objective or standard
beyond the amounts provided there for in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged
ambiguity or defect in the plans and/or specifications, or any other matter whatsoever,
Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors
shall continue to perform, irrespective of whether or not the ambiguity or defect is major,
material, minor or trivial, and irrespective of whether or not a change order, time extension, or
additional compensation has been granted by City. Failure to provide the hereinbefore described
written notice within one (1) working day of contractor's becoming aware of the facts giving rise
to the dispute shall constitute a waiver of the right to assert the causative role of the defect or
ambiguity in the plans or specifications concerning the dispute.
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SECTION I. INSURANCE REQUIREMENTS
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
Without limiting ' 'CONSULTANT's indemnification of CITY, and prior to commencement of Work,
CONSULTANT shall obtain, provide and maintain at its own expense during the term of this
AGREEMENT, policies of insurance of the type and amounts described below, and in a form
satisfactory to CITY.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance
with coverage at least as broad as Insurance Services Office fo rm CG 00 01, in an amount not less
than $1,000,000 per occurrence, $1,000,000 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.
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.
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 amount 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 (3)
years after completion of the services required by this AGREEMENT.
'Workers' compensation insurance. CONSULTANT shall maintain 'Workers' Compensation
Insurance (Statutory Limits) and ' 'Employer's Liability Insurance (with limits of at least
$1,000,000). CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver
of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or
excess liability insurance policy with limits that will provide bodily injury, personal injury and
property damage liability coverage at least as broad as the primary coverages set forth above,
including commercial general liability, automobile liability, and ' 'employer's liability. Such policy
or policies shall include the following terms and conditions:
A drop‐down feature requiring the policy to respond if any primary insurance that would
otherwise have applied proves to be uncollectible in whole or in part for any reason;
Pay on behalf of wording as opposed to reimbursement;
Concurrency of effective dates with primary policies;
Policies shall """follow form""" to the underlying primary policies; and
Insureds under primary policies shall also be insureds under the umbrella or excess
policies.
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Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of
the insurance coverage required herein, along with a waiver of subrogation endorsement for
'workers' compensation. Insurance certificates and endorsements must be approved by the
'CITY's Risk Manager prior to commencement of performance. Current certification of insurance
shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right
to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property, which may arise from or
in connection with the performance of the Work hereunder by CONSULTANT, his agents,
representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any
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 satisf ied 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 a 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 a named insured.
' 'CITY'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 payments. In the alternative, CITY may cancel this AGREEMENT.
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 'policyholders' Rating
of A‐ (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest
edition of ' 'Best's Key Rating Guide, unless otherwise approved by the ' 'CITY's Risk Manager.
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 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
and shall require similar written express waivers and insurance clauses from each of its
subconsultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees
that any actual or alleged failure on the 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.
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Requirements not limiting. Requirements of specific coverage features or limits contained in
this section are not intended as a limitation on coverage, limi ts 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 CITY.
Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers
to provide to 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.
Additional insured status. General liability policies shall provide or be endorsed to provide that
CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds
under such policies. This provision shall also apply to any excess/umbrella liability policies.
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.
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 against whom
claim is made or suit is brought, except with respect to the ' 'insurer's limits of liability. The
policy(ies) shall not contain any cross‐liability exclusions.
Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and
any other party involved with the Project who is brought onto or involved in the Project by
CONSULTANT, 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. CONSULTANT agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the Project will be submitted to CITY for review.
CITY's right to revise specifications. The CITY reserves the right 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 '
'CONSULTANT's compensation.
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. Self‐insurance will not be considered to comply with these specifications unless
approved by CITY.
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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.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost an d expense,
any additional kinds of insurance, which in its own judgment may be necessary for its proper
protection and prosecution of the work.
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SECTION J. PROPOSAL SUBMITTAL FORM ‐ SAMPLE
The undersigned declares that she or he has carefully examined Project No. [xxxx], which is hereby made
a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing
firm; and agrees to perform the specified work for the following cost quoted in full:
Basic Proposal Alternate Proposal
Phase A Phase B Phase A Phase B
Task
Task
Task
Task
Task
TOTAL BASE PRICE
Sales tax @ 8.75% (add as applicable)
Other (attach supporting detail)
TOTAL $ $ $ $
Calendar days required to complete
work
Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the
services included with the scope of the specifications. Attach additional pages if required. The City reserves
the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1:
Private Company or Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2:
Private Company or Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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Reference No. 3
Private Company or Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it,
has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state,
or local government project because of the violation of law, a safety regulation, or for any other reason,
including but not limited to financial difficulties, project delays, or disputes regarding work or product
quality, and if so to explain the circumstances.
Do you have any disqualification as described in the above paragraph to declare?
Yes No
If yes, explain the circumstances.
Executed on at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Proposer Representative
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EXHIBIT A : FORM OF AGREEMENT
CITY OF SAN LUIS OBISPO
AGREEMENT FOR PURCHASES OF GOODS AND SERVICES
This Agreement is made and entered into in the City of San Luis Obispo on
_____________[day, date, year] by and between the City of San Luis Obispo, a municipal
corporation, hereinafter referred to as City, and [Contractor's Name], hereinafter referred to as
Contractor.
W I T N E S S E T H:
WHEREAS, on [date], City requested proposals for [______________], per Project No. [xxxx]
(the "Project"); and
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by
City for the Project;
WHEREAS, [include recitals as appropriate to describe need for purchase or relevant
context. If purchase was not procured via an RFP/RFP/RFB, staf f should revise the first two recitals
to accurately reflect the procurement method].
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and
entered, as first written above, until acceptance or completion of said Project.
2. INCORPORATION BY REFERENCE. [Title of City's RFP/RFP/IFB] and Contractor's proposal
dated [date] is hereby incorporated in and made a part of this Agreement and attached as
Exhibit A. The City's terms and conditions are hereby incorporated in an made a part of this
Agreement as Exhibit B. The City's insurance requirements are hereby incorporated in and
made part of this Agreement, attached as Exhibit C. To the extent that there are any conflicts
between the Contractor's fees and scope of work and the City's terms and conditions, the
City's terms and conditions shall prevail, unless specifically agreed otherwise in writing
signed by both parties.
3. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will
pay, and Contractor shall receive therefore compensation [xxxxxxx].
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4. CONTRACTOR/CONSULTANT'S OBLIGATIONS. For and in consideration of the payments
and agreements hereinbefore mentioned to be made and performed by City, Contractor
agrees with City to do everything required by this Agreement and the said specifications.
5. AMENDMENTS. Any amendment, modification or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the City Manager.
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the
parties hereto. No oral agreement, understanding or representation not reduced to writing
and specifically incorporated herein shall be of any force or effect, nor shall any such oral
agreement, understanding or representation be binding upon the parties hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows:
City Name
Dept.
Address
Consultant Name
Title
Address
Address
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that
everyone executing this agreement on behalf of each party is a person duly authorized and
empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the
day and year first above written.
CITY OF SAN LUIS OBISPO:
By:_____________________________________
City Manager
APPROVED AS TO FORM: CONSULTANT:
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________________________________ By:
_____________________________________
City Attorney Name of CAO / President
Its: CAO / President
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GENERAL TERMS AND CONDITIONS
1. Business License & Tax. The Contractor must have a valid City of San Luis Obispo
business license & tax certificate before execution of the contract. Additional
information regarding the ' 'City's business tax program may be obtained by calling
(805) 781‐7134.
2. Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to
carry out and complete the work hereunder in compliance with all federal, state, county,
City, and special district laws, ordinances, and regulations.
3. Laws to be Observed. The Contractor shall keep itself fully informed of and shall
observe and comply with all applicable state and federal laws and county and City of
San Luis Obispo ordinances, regulations and adopted codes during its performance of
the work.
4. Payment of Taxes. The contract prices shall include full compensation for all taxes that
the Contractor is required to pay.
5. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all
charges and fees, and give all notices necessary.
6. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining
to safety established by OSHA and the California Division of Industrial Safety.
7. Public and Employee Safety. Whenever the ' 'Contractor's operations create a
condition hazardous to the public or City employees, it shall, at its expense and without
cost to the City, furnish, erect and maintain such fences, temporary railings, barricades,
lights, signs and other devices and take such other protective measures as are necessary
to prevent accidents or damage or injury to the public and employees.
8. Preservation of City Property. The Contractor shall provide and install suitable
safeguards, approved by the City, to protect City property from injury or damage. If City
property is injured or damaged resulting from the ' 'Contractor's operations, it shall be
replaced or restored at the ' 'Contractor's expense. The facilities shall be replaced or
restored to a condition as good as when the Contractor began work.
9. Immigration Act of 1986. The Contractor warrants on behalf of itself and all
subcontractors engaged for the performance of this work that only persons authorized
to work in the United State pursuant to the Immigration Reform and Control Act of 1986
and other applicable laws shall be employed in the performance of the work hereunder.
10. Non‐Discrimination. In the performance of this work, the Contractor agrees that it will
not engage in, nor permit such subcontractors as it may employ, to engage in
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discrimination in employment of persons because of age, race, color, sex, national
origin or ancestry, sexual orientation, or religion of such persons.
11. Work Delays. Should the Contractor be obstructed or delayed in the work required to be
done hereunder by changes in the work or by any default, act, or omission of the City, or
by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain
materials, equipment, or labor due to federal government restrictions arising out of
defense or war programs, then the time of completion may, at the ' 'City's sole option, be
extended for such periods as may be agreed upon by the City and the Contractor. In the
event that there is insufficient time to grant such extensions prior to the completion date
of the contract, the City may, at the time of acceptance of the work, waive liquidated
damages that may have accrued for failure to complete on time, due to any of the above,
after hearing evidence as to the reasons for such delay, and making a finding as to the
causes of same.
12. Payment Terms. The ' 'City's payment terms are 30 days from the receipt of an original
invoice and acceptance by the City of the materials, supplies, equipment, or services
provided by the Contractor (Net 30).
13. Inspection. The Contractor shall furnish City with every reasonable opportunity for City
to ascertain that the services of the Contractor are being performed in accordance with
the requirements and intentions of this contract. All work done, and all materials
furnished, if any, shall be subject to the ' 'City's inspection and approval. The inspection
of such work shall not relieve Contractor of any of its obligations to fulfill its contract
requirements.
14. Audit. The City shall have the option of inspecting and/or auditing all records and other
written materials used by Contractor in preparing its invoices to City as a condition
precedent to any payment to Contractor.
15. Interests of Contractor. The Contractor covenants that it presently has no interest, and
shall not acquire any interest—direct, indirect or otherwise—that would conflict in any
manner or degree with the performance of the work hereunder. The Contractor further
covenants that, in the performance of this work, no subcontractor or person having such
an interest shall be employed. The Contractor certifies that no one who has or will have
any financial interest in performing this work is an officer or employee of the City. It is
hereby expressly agreed that, in the performance of the work hereunder, the Contractor
shall at all times be deemed an independent contractor and not an agent or employee of
the City.
16. Hold Harmless and Indemnification
(a) Non‐design, non‐construction Professional Services: To the fullest extent
permitted by law (including, but not limited to California Civil Code Sections 2782
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and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and
its elected officials, officers, employees, volunteers, and agents (City
Indemnitees), from and against any and all causes of action, claims, liabilities,
obligations, judgments, or damages, including reasonable legal 'counsels' fees
and costs of litigation (claims), arising out of the Consultant's performance or
Consultant's failure to perform its obligations under this Agreement or out of the
operations conducted by Consultant, including the City's active or passive
negligence, except for such loss or damage arising from the sole negligence or
willful misconduct of the City. In the event the City Indemnitees are made a
party to any action, lawsuit, or other adversarial proceeding arising from
Consultant's performance of this Agreement, the Consultant shall provide a
defense to the City Indemnitees or at the City's option, reimburse the City
Indemnitees their costs of defense, including reasonable legal fees, incurred in
defense of such claims.
(b) Non‐design, construction Professional Services: To the extent the Scope
of Services involve a construction contract as that phrase is used in Civil
Code Section 2783, this paragraph shall apply in place of paragraph A. To
the fullest extent permitted by law (including, but not limited to California
Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend,
and hold harmless the City, and its elected officials, officers, employees,
volunteers, and agents (City Indemnitees), from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages,
including reasonable legal 'counsels' fees and costs of litigation (claims),
arising out of the Consultant's performance or Consultant's failure to
perform its obligations under this Agreement or out of the operations
conducted by Consultant, except for such loss or damage arising from the
active negligence, sole negligence or willful misconduct of the City. In the
event the City Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Consultant's performance of this
Agreement, the Consultant shall provide a defense to the City Indemnitees
or at the City's option, reimburse the City Indemnitees their costs of
defense, including reasonable legal fees, incurred in defense of such
claims.
(c) Design Professional Services: In the event Consultant is a design
professional, and the Scope of Services require Consultant to provide
design professional services as those phrases are used in Civil Code
Section 2782.8, this paragraph shall apply in place of paragraphs A or B.
To the fullest extent permitted by law (including, but not limited to
California Civil Code Sections 2782 and 2782.8) Consultant shall
indemnify, defend and hold harmless the City and its elected officials,
officers, employees, volunteers and agents (City Indemnitees), from and
against all claims, damages, injuries, losses, and expenses including costs,
attorney fees, expert consultant and expert witness fees arising out of,
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pertaining to or relating to, the negligence, recklessness or willful
misconduct of Consultant, except to the extent caused by the sole
negligence, active negligence or willful misconduct of the City.
Negligence, recklessness or willful misconduct of any subcontractor
employed by Consultant shall be conclusively deemed to be the
negligence, recklessness or willful misconduct of Consultant unless
adequately corrected by Consultant. In the event the City Indemnitees
are made a party to any action, lawsuit, or other adversarial proceeding
arising from Consultant's performance of this Agreement, the Consultant
shall provide a defense to the City Indemnitees or at the City's option,
reimburse the City Indemnitees their costs of defense, including
reasonable legal fees, incurred in defense of such claims. In no event shall
the cost to defend charged to Consultant under this paragraph exceed '
'Consultant's proportionate percentage of fault. However,
notwithstanding the previous sentence, in the event one or more
defendants is unable to pay its share of defense costs due to bankruptcy
or dissolution of the business, Consultant shall meet and confer with
other parties regarding unpaid defense costs.
(d) The review, acceptance or approval of the Consultant's work or work
product by any indemnified party shall not affect, relieve or reduce the
Consultant's indemnification or defense obligations. This section survives
completion of the services or the termination of this contract. The
provisions of this section are not limited by and do not affect the
provisions of this contract relating to insurance.
17. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise
dispose of the contract, or its right, title or interest, or its power to execute such a
contract to any individual or business entity of any kind without the previous written
consent of the City.
18. Termination for Convenience. The City may terminate all or part of this Agreement for
any or no reason at any time by giving 30 days written notice to Contractor. Should the
City terminate this Agreement for convenience, the City shall be liable as follows: (a) for
standard or off‐the‐shelf products, a reasonable restocking charge not to exceed ten (10)
percent of the total purchase price; (b) for custom products, the less of a reasonable
price for the raw materials, components work in progress and any finished units on hand
or the price per unit reflected on this Agreement. For termination of any services
pursuant to this Agreement, the ' 'City's liability will be the lesser of a reasonable price
for the services rendered prior to termination, or the price for the services reflected on
this Agreement. Upon termination notice from the City, Contractor must, unless
otherwise directed, cease work and follow the ' 'City's directions as to work in progress
and finished goods.
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19. Termination. If, during the term of the contract, the City determines that the Contractor
is not faithfully abiding by any term or condition contained herein, the City may notify
the Contractor in writing of such defect or failure to perform. This notice must give the
Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said
work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may
terminate the contract immediately by written notice to the Contractor to said effect.
Thereafter, neither party shall have any further duties, obligations, responsibilities, or
rights under the contract except, however, any and all obligations of the Contractor's
surety shall remain in full force and effect, and shall not be extinguished, reduced, or in
any manner waived by the terminations thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services
performed from the beginning date in which the breach occurs up to the day it received
the City's Notice of Termination, minus any offset from such payment representing the '
'City's damages from such breach. "Reasonable value" includes fees or charges for goods
or services as of the last milestone or task satisfactorily delivered or completed by the
Contractor as may be set forth in the Agreement payment schedule; compensation for
any other work, services or goods performed or provided by the Contractor shall be based
solely on the City's assessment of the value of the work‐in‐progress in completing the
overall work scope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the Project, as may be determined in the City's sole discretion, so as to
permit a full and complete accounting of costs. In no event, however, shall the Contractor
be entitled to receive in excess of the compensation quoted in its proposal.
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