HomeMy WebLinkAboutItem 6d. Authorize an RFP for the preparation of the Water Treatment Plant Facility Infrastructure Renewal Strategy Plan Item 6d
Department: Utilities
Cost Center: 6003
For Agenda of: 1/17/2023
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Mychal Boerman, Deputy Director – Water
Miguel Barcenas, Deputy Director – Engineering and Planning
Shawna Scott, Special Projects Manager
SUBJECT: AUTHORIZE REQUEST FOR PROPOSALS FOR THE PREPARATION
OF THE WATER TREATMENT PLANT FACILITY INFRASTRUCTURE
RENEWAL STRATEGY PLAN
RECOMMENDATION
1. Approve a Request for Proposals for the Preparation of the Water Treatment Plant
Facility Infrastructure Renewal Strategy Plan (Project) and authorize staff to
advertise the Project for proposals and bids; and
2. Authorize the City Manager to award the contract for the Project if the bid is within
available project funding of $150,000.
POLICY CONTEXT
The Project supports Major City Goals including Economic Recovery, Resiliency, and
Fiscal Sustainability and Climate Action, Open Space, and Sustainable Transportation
because it will provide the analysis, data, and recommendations supporting ongoing and
future investments in critical infrastructure (potable water treatment) capacity and
resiliency.
The Project is consistent with the City’s adopted General Plan. Water and Wastewater
Element (WWE) Goals A 2.1 and A 3.1 because developing a plan for the maintena nce
and optimization of the Water Treatment Plant (WTP) is necessary to ensure a long-term,
reliable water supply and manage the City’s water resources to meet both current and
future water demand associated with development envisioned by the General Plan.
DISCUSSION
Background
The City’s WTP treats water from three surface water reservoirs (Salinas, Whale Rock,
and Nacimiento) to meet the demand from the City, and to satisfy contractual water
delivery obligations to Cal Poly. The WTP was constructed in its current location in
Stenner Canyon in 1963 and was originally designed to treat up to a rate of eight million
gallons per day (mgd) equivalent to about 9,000 acre-feet annually.
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Item 6d
It was upgraded to treat up to 11.5 mgd in 1977. In 1994, the WTP was upgraded to treat
up to 16 mgd in addition to other upgrades. In 2008, a $13.4 million improvement project
was completed, and additional capital improvement projects are in progress or have been
completed such as the recent Energy Efficiency, TESLA Energy Storage, and Permanent
Backup Generator projects.
The WTP does not currently have a comprehensive asset management plan to guide the
maintenance and replacement of plant infrastructure. As the last major WTP upgrade was
completed in 2008, that equipment is now 13 years old and will need major maintenance
and/or replacement in the next decade. Development and adoption of an Infrastructure
Renewal Strategy will facilitate asset maintenance and replacement prioritization,
process optimizations, compliance with future regulatory conditions, and more refined
capital improvement planning and associated budget forecasts.
Project Description
The purpose of the Project is to develop a comprehensive Infrastructure Renewal
Strategy for the City’s WTP (Project). The primary objectives of the Project are to:
1. Complete a plan including a detailed, phased implementation for WTP
asset maintenance and replacement for the next 10 to 15 years that
addresses the following:
a. Physical degradation of assets (equipment), including
maintenance and replacement;
b. Compliance with existing and future known regulatory
compliance thresholds, including disinfection by-products;
c. Functional/operational and fiscal efficiencies, including
automation improvements;
d. Process and equipment resiliency and redundancy;
e. Optimization of existing capacity of 16 mgd to facilitate flexible
operating strategies;
f. Optimization of Source Water, with the ability to treat water from
any source, at any given time, and maintain regulatory
compliance;
g. Enabling the WTP to run any volume and combination of flow
rates of water at any given time;
h. Ongoing maintenance and predictive asset management; and
i. Operational schedules and staffing requirements, including
consideration of changes to volumes and types of work duties
and skills required in coming years due to increased
instrumentation.
2. Forecast needed investment (funding) over the life of each asset to
ensure adequate information is available to include in the water rate
forecasts, budgets, and capital replacement plans.
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Item 6d
Previous Council or Advisory Body Action
The 2021-23 Financial Plan, 2021-23 Financial Plan Supplement, and associated budget
adopted by the City Council included the WTP “Facility Master Plan”, and identified
$150,000 for fiscal year 2021-22 for preparation of the Plan.
Public Engagement
The proposed draft RFP is included in the City Council Agenda package, subject to public
review and comment prior to consideration by the Council.
CONCURRENCE
The WTP Supervisor, Jason Meeks, is a key contributor to the development of the RFP
and concurs with the scope of the Project. As the Project is focused within the existing
WTP, concurrence from other City Departments is not necessary.
ENVIRONMENTAL REVIEW
The scope of the action is limited to release of the RFP and preparation of the WTP
Facility Infrastructure Renewal Plan. Once complete, staff will return to the City Council
for consideration of the California Environmental Quality Act (CEQA) determination and
Plan approval.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:
Funding Sources
Total
Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Water Fund CIP
1000542
$150,000 $150,000 $0 $0
Total $150,000 $150,000 $0 $0
The 2021-23 Financial Plan, 2021-23 Financial Plan Supplement, and associated budget
adopted by the City Council includes $150,000 for the Project (Water Treatment Plant
Major Facility Maintenance, Facility Master Plan; 1000542).
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Item 6d
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 evaluate the existing WTP and identify any recommendations for
improvements and modifications , which would be incorporated into future capital
improvement programs.
ATTACHMENTS
A - Draft Request for Proposal for Preparation of a Water Treatment Plant Facility
Infrastructure Renewal Strategy Plan, Specification 1000542-02
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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 the Water Treatment Plant Facility Infrastructure Renewal Strategy
for the Public Utilities Department
The City of San Luis Obispo is requesting proposals for the Water Treatment Plant Facility Infrastructure
Renewal Strategy pursuant to Specification No. 1000542-02.
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 by the Department of
Finance at or before [DATE] when they will be opened publicly in the City Hall Conference Hearing Room,
990 Palm Street, San Luis Obispo, CA 93401.
A 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 request for proposals:
[Location]
[Address], San Luis Obispo
[Date][Time]
Project packages and additional information may be obtained at the City’s BidSync website at
www.BidSync.com. All questions shall be submitted on or before [Date] and [Time] PM. Responses to
received questions will be posted on BidSync by [Date] and [Time] PM.
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 ................................................................................................................... 8
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
SECTION I. INSURANCE REQUIREMENTS .................................................................................................... 18
SECTION J. PROPOSAL SUBMITTAL FORM - SAMPLE .................................................................................. 21
EXHIBIT A : FORM OF AGREEMENT ............................................................................................................. 25
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SECTION A. INTRODUCTION
The City of San Luis Obispo (City) wishes to obtain the services of a professional firm (Consultant) for the Water
Treatment Plant Facility Infrastructure Renewal Strategy (Project).
Purpose
Develop a comprehensive Infrastructure Renewal Strategy for the City’s Stenner Canyon Water Treatment Plant
(WTP) beginning in 2022-23.
Primary Objectives
The primary objectives of the WTP Infrastructure Renewal strategy are to:
1. Complete a plan including a detailed, phased implementation for WTP asset maintenance and
replacement for the next 10 to 15 years that addresses the following:
a. Physical degradation of assets (equipment), including maintenance and replacement;
b. Compliance with existing and future known regulatory compliance thresholds,
including disinfection byproducts (DBPs);
c. Functional/operational and fiscal efficiencies, including automation improvements;
d. Process and equipment resiliency and redundancy;
e. Optimization of existing capacity of 16 mgd to facilitate flexible operating strategies;
f. Optimization of Source Water, with the ability to treat water from any source, at any
given time, and maintain regulatory compliance;
g. Enabling the WTP to run any volume and combination of flow rates of water at any
given time;
h. Ongoing maintenance and predictive asset management; and
i. Operational schedules and staffing requirements, including consideration of changes
to volumes and types of work duties and skills required in coming years due to
increased instrumentation.
2. Forecast needed investment (funding) over the life of each asset to ensure adequate
information is available to include in the water rate forecasts, budgets, and capital
replacement plans.
Background
The City’s WTP treats water from three surface water reservoirs (Salinas, Whale Rock, and Nacimiento) to meet
the demand from the City, and to satisfy contractual water delivery obligations to Cal Poly. The WTP was
constructed in its current location in Stenner Canyon in 1963. The WTP was originally designed to treat up to a
rate of eight million gallons per day (mgd) equivalent to about 9,000 acre-feet annually. It was upgraded to treat
up to a rate of 11.5 mgd in 1977, then upgraded to treat up to a rate of 16 mgd in 1994. The 1994 upgrade also
included the following components:
1. Installed equipment (ozone generators and ozone contact basin) to provide an ozone-based
process in place of traditional chlorine-based process to meet present and future water quality
regulations.
2. Provided a two-story, 7,000 square foot building to house the ozone generators, new chemical
feed system, control room and additional office space.
3. Replaced the initial flash mixing facilities with a larger, two-stage facility.
4. Replaced the flocculation equipment in the existing basin.
5. Replaced filter media and repair drains and outflow pipe.
6. Added tank and pumps to reduce time between backwashing cycles.
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7. Modified equipment and flow path from recycling filter backwash water.
8. Used liquid sodium hypochlorite rather than chlorine gas for residual disinfection to improve
safety on-site and water quality.
9. Provided standby metering pumps for each of several chemical feed systems to improve
reliability.
10. Upgraded electrical systems, replacing 208-volt service with 120- and 480-volt services improving
safety and reliability.
11. Provided new controls for new and existing equipment to improve process control.
12. Remodeled the existing laboratory and office to improve ability to monitor WTP performance.
In 2008, a $13.4 million improvement project was completed at the WTP. The major components of the project
included:
1. Demolition of existing 4-mg clearwell
2. Demolition of existing transfer pump station
3. Construction of one 3-million gallon (mg) clearwell and one 2 mg clearwell
4. Construction of new transfer pump station
5. Installation of new ballasted sedimentation process (Actiflo), pretreatment building, and
equipment
6. Extension of the Nacimiento raw water pipeline on the WTP site
7. Seismic upgrade of existing washwater tank
8. Installation of new residual thickener package treatment plant
Since the completion of the last upgrade in 2008, the following capital projects have been completed at the WTP:
1. Nacimiento Water Project (2010, in partnership with SLO County)
2. Ozone Building Roof Repair project (2010)
3. Filter Control and Chemical Building Roof Repair (2011)
4. Wash Water 2 Tank Maintenance (2019)
5. Disinfection Byproduct (TTHM) Reduction & Pipe Gallery Improvement project (2020)
6. Energy Efficiency project (SST) including ozone replacement, SCADA upgrade, plant service water
system upgrade, and installation of variable frequency drives at the transfer pump station (under
construction in 2022)
7. TESLA Energy Storage System project (2022)
8. WTP Permanent Backup Generator project and transformer replacement (construction beginning
2023 with completion planned in 2024, CalOES grant funded)
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In 2020-21, the WTP was operational approximately 17 hours
per day. In 2020, average daily production was 4.69 mgd and
peak daily production was 8.06 MG on August 10, 2020. In
2021, average daily production was 4.71 MGD and peak daily
production was 8.90 million gallons on May 26, 2021.
The City’s 2021-23 Financial Plan and 2021-23 Financial Plan
Supplement identify the following capital projects and
maintenance items at the WTP during the next five years (see
table on following page):
2021-23 Financial Plan WTP Capital Improvement and Maintenance Projects1
CIP and Maintenance Project Estimated Cost
Aluminum Bulk Tank #1 Replacement $50,000 in 2021-22
Transfer Pump Station CLA‐VAL Re‐build $25,000 in 2021-22
WTP Roof Repair $80,000 in 2021-22
Wash Water Tank #1 Maintenance $40,000 in 2021-22 and $325,000 in 2022-23
Asset Management (Cityworks Integration) $45,000 in 2021-22 and $90,000 in 2022-23
Actiflo Train #2 Mixer Bearing/Gear $245,000 in 2022-23 and $75,000 in 2024-25
Lab TOC Analyzer Replacement $30,000 in 2022-23
Package Thickener $25,000 in 2022-23
Actiflo Poly Blend Units $25,000 in 2025-26
Ozone System Maintenance $125,000 in 2021-22 and $40,000 in 2022-23
Air Compressor and Dryer Maintenance $36,000 in 2021-22 and $36,000 in 2022-23
Chemical System Maintenance $33,000 in 2021-22 and $33,000 in 2022-23
1 Projects and costs updated per 2022-2023 Financial Supplemental Budget
The WTP does not have a comprehensive asset management plan to guide the maintenance and replacement of
plant infrastructure. As the last WTP upgrade was completed in 2008, that equipment is now 13 years old and will
need major maintenance and/or replacement in the next decade.
Water Treatment Plant Monthly
Average Daily Production (in mgd)
Month 2020 2021 2022
January 3.85 4.09 4.10
February 4.63 4.11 4.81
March 3.77 4.26 4.76
April 3.40 4.95 5.15
May 4.80 5.33 5.19
June 5.15 5.32 5.31
July 5.14 4.15 5.20
August 5.34 5.18 5.22
September 5.69 5.47 5.19
October 5.76 5.14 5.20
November 4.68 4.67 --
December 4.01 3.81 --
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SECTION B. SCOPE OF WORK
The City is seeking proposals from firms for the following as summarized below and outlined in the identified Tasks
1 through 7:
1. Project Management
2. Baseline Inventory and Data
3. Process/Asset Condition Assessment
4. Prioritization Methodology, Needs and Alternatives Analysis
5. Water Treatment Plant Infrastructure Renewal Strategy
6. Optional Additive Task: Review of Hydrogeneration Opportunities and Constraints
7. Optional Additive Task: Review of Stranded Asset Reuse Opportunities and Constraints
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 assistance from City staff. The consulting firm
selected for this project will be required to provide the necessary 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.
Task 1: Project Management
This task includes all project monitoring and administration, attendance at progress meetings with City staff, and
project quality assurance/quality control (QA/QC) activities. 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.
The Consultant’s responsibilities include preparation and provision of a workplan for communications, meetings,
and progress reporting to ensure the Project is kept on schedule and within budget. The Consultant will coordinate
with the City’s Project Manager on activities including scheduling meetings, tracking, and reporting on work in
progress. The Consultant will prepare meeting notes and distribute them to the City and Consultant team. The
Consultant will also prepare a schedule of items to be submitted by the City and Consultant and a log of decisions
to be made and action items.
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.
During the Project, the Consultant will attend progress/coordination meetings with City staff to discuss issues
related to the Project and to update the City regarding progress. Anticipated meetings are as follows:
Project kick-off meeting at the City WTP
Meeting(s) to review baseline inventory and data
Meeting(s) to discuss technical memorandums
Meeting(s) to discuss Draft and Final WTP Infrastructure Renewal Strategy
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Meeting(s) to discuss Draft and Final California Environmental Quality Act (CEQA) document
Meeting(s) prior to City Council hearing
Meeting at City Council (in-person) for approval of the WTP Infrastructure Renewal Strategy
The Consultant shall support City Staff at public meetings, including assistance with presentations and responding
to questions from the public and City Council.
Task 1 Deliverables:
Meeting agendas, minutes, monthly status reports, project schedule, a list of contacts and communications
protocol, quality assurance and quality control, and invoices.
Task 2: Baseline Inventory and Data
The Consultant shall become familiar with the WTP including past, current, and planned capital improvement
projects, and existing infrastructure planning documents. The Consultant will collect information and visit City
facilities to understand City processes and management needs. The Consultant shall review the existing WTP asset
inventory, consult with Staff, and conduct a high-level audit to determine if there are any assets that are not
currently identified.
It will be critical for the Consultant to conduct interviews with key City staff to confirm its understanding of the
City’s WTP, existing operational issues and opportunities, and primary objectives of the WTP Infrastructure
Renewal Strategy. Key Staff interviews will include:
Utilities Deputy Director, Water
Utilities Deputy Director, Engineering and Planning
Water Treatment Plant Supervisor
Water Treatment Plant Chief Maintenance Mechanic
Water Treatment Plant Chief Operator
Water Treatment Plant Operators
Information Technology Control Systems Administrator
This task also includes Consultant review of provided documents and data, and identification of any additional
information needed to complete the baseline inventory, audit, and associated data analysis to inform the WTP
Infrastructure Renewal Strategy. The Consultant shall compile and analyze source water quality, treatment data,
projected daily water demand.
Task 2 Deliverables:
Prepare the agendas and minutes for the Staff interviews.
Request for Information: Review documents and data provided by the City and submit a written request for
additional information.
Technical Memorandum: Draft and final Technical Memorandum summarizing the City’s available data and
identifying any key data gaps.
Technical Memorandum: Draft and final Technical Memorandum consisting of compilation and analysis of source
water quality, treatment data, and projected daily water demand (including treatment capacity for City and Cal
Poly).
Deliverables shall be provided with the draft as an editable Microsoft Word electronic version and the final
memorandum as a PDF file.
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Task 3: Process/Asset Condition Assessment
The Consultant will conduct an audit on the existing WTP facility, including a process and asset condition
assessment. This assessment will include a risk analysis based on Staff interviews and asset inspection and testing..
The Consultant will update the baseline asset inventory, including asset age and estimate of remaining useful life,
and complete a probability of failure and consequence of failure analysis in collaboration with City Staff. The
assessment shall include a review of the future capital projects program and associated budgetary estimates, and
identify any recommendations for cost adjustments. The assessment shall also include a review and summary
existing and likely future regulatory and permit requirements, and identify emerging concerns that will inform the
WTP Infrastructure Renewal Strategy.
Task 3 Deliverables:
Technical Memorandums: Draft and Final Process/Asset Condition Assessment Technical Memorandums
addressing each discipline, including Electrical, Mechanical, Civil, Corrosion, Process Engineering, and
Architectural.
Technical Memorandum: Draft and Final Technical Memorandum summarizing key WTP issues and a
Regulatory/Code Summary.
Deliverables shall be provided with the draft as an editable Microsoft Word electronic version and the final
memorandum as a PDF file.
Task 4: Prioritization Methodology, and Needs and Alternatives Analysis
In consultation with City Staff, the consultant shall develop a phased prioritization methodology that addresses
Code and regulatory requirements, deferred maintenance, redundancy, pre-emptive asset repair and
replacement, and process efficiency improvements. The Consultant will provide a Needs and Alternatives Analysis
that: defines WTP facility needs; forecasts asset maintenance and replacement budgetary needs; provides
planning-level project descriptions, probable budgetary costs, and return on investment for proposed
alternatives; and identifies recommended prioritization of projects.
Task 4 Deliverables:
Technical Memorandum: Draft and Final Technical Memorandum identifying the prioritization methodology.
Technical Memorandum: Draft and Final Needs and Alternatives Analysis.
Deliverables shall be provided with the draft as an editable Microsoft Word electronic version and the final
memorandum as a PDF file.
Task 5: Water Treatment Plant Infrastructure Renewal Strategy
The Consultant shall develop the phased and prioritized infrastructure renewal strategy including to address
existing deficiencies (years 1-5), as well as a medium-term (years 6-10) and long-term capital improvement
forecast (beyond 10 years). The approach shall address current and future Code and regulations. The Consultant
shall provide present cost for recommended projects, including operation and maintenance, as well as 5-year and
10-year predicted costs. The Consultant shall identify recommended operational/process improvements related
to preventative maintenance data input, monitoring, and tracking.
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Task 5 Deliverables:
Draft and Final Infrastructure Renewal Strategy, with prioritized capital program (assume 3 administrative drafts,
one Public Final, one adopted Final).
Deliverables shall be provided as in editable Microsoft Word, PDF files with searchable text, all digital files, and
graphics.
Optional Additive Tasks
The Consultant may include one or both the following additive tasks to the proposal submittal, if qualifications,
capacity, and capability to complete this task can be demonstrated. Provision of this additive scope item is not a
requirement of the response to the RFP.
Optional Additive Task 6: Review of Hydrogeneration Opportunities and Constraints
During the City’s WTP Energy Efficiency project (approved in 2019), a “resiliency phase” was described to the City
Council where the Utilities Department would further explore opportunities for hydroelectric generation facility
and on-site solar generation that were not funded as part of the WTP Energy Efficiency project. This task would
include review of potential hydrogeneration opportunities, constraints, preliminary cost estimates, and Return on
Investment (ROI) analysis.
Optional Additive Task 6 Deliverables:
Technical Memorandum: Draft and Final Hydrogeneration Opportunities and Constraints Memorandum.
Deliverables shall be provided with the draft as an editable Microsoft Word electronic version and the final
memorandum as a PDF file.
Optional Additive Task 7: Review of Stranded Asset Reuse Opportunities and Constraints
This task would include review of potential opportunities, constraints, and preliminary costs associated with the
reuse of the Reservoir 2 storage tank, the clarifier at Reservoir 2, and the clarifier at the Water Treatment Plant
as a raw water forebay.
Task 7 Deliverables:
Technical Memorandum: Draft and Final Stranded Asset Reuse Opportunities and Constraints Memorandum.
Deliverables shall be provided with the draft as an editable Microsoft Word electronic version and the final
memorandum as a PDF file.
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SECTION C. PROJECT SCHEDULE
Provide a detailed schedule for the completion of each task described above. Schedule start up shall correspond
to the proposal review and award schedule identified below.
Proposal Review and Award Schedule
Task Date
Issue RFP February 2023
Pre-Proposal Meeting February 2023
Response to RFP Due March 2023
Complete Proposal Evaluations April 2023
Conduct Finalist Interviews (tentative) and Select Consultant April 2023
Execute Contract/Agreement April/May 2023
Project Kick-off Meeting May 2023
SECTION D. PROJECT BUDGET
In addition to the RFP response, provide a Cost Proposal listing the cost for each task in a separate PDF file
submitted on Bidsync (or five copies in a sealed envelope if unable to submit via Bidsync). Provide the following:
Itemized breakdown of all services to be provided and the estimated number of hours to complete each
task and sub-task.
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 to 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 facility/capital improvement
program planning project experience for at least five surface water treatment plants of equal or
greater size and complexity as the City of San Luis Obispo WTP.
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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. Identify the contact person responsible for the submittal, specifying the name, title, and contact
information.
g. 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 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 Project.
c. Firm and Sub-consultant Experience. The submittal must describe the Firm's and any 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 facility/capital improvement
program planning project experience for local agencies, specific to surface water treatment
facilities of equal or greater size and complexity as the City of San Luis Obispo WTP.
3. 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.
4. 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.
5. 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. However, 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 rank the proposals based upon the proposal materials submitted
according to the following criteria:
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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.
4. Responsiveness to the RFP. Presentation, completeness, responsiveness, quality, and clarity of
information provided. Writing ability and demonstrated quality assurance and control.
5. 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, firms submitting the most highly rated RFPs
may 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.
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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 provided in the Cost Proposal. Identify all costs to be
billed to 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. Any lump sum bid shall be stated in
figures. 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 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 [Contractor/Consultant] will be expected to execute and be
bound by are attached hereto as Exhibit A
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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.
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.
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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
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 after 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, in addition to selection criteria summarized in SECTION G. SELECTION PROCESS:
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 February 2023
b. Pre-Proposal Meeting February 2023
c. Receive proposals March 2023
d. Complete proposal evaluations April 2023
e. Conduct finalist interviews and finalize recommendation April 2023
f. Execute contract April/May 2023
g. Start work May 2023
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:
City of San Luis Obispo
[LOCATION]
[ADDRESS], San Luis Obispo
[DATE] at [TIME]
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.
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
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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. 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 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
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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
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 form CG 00 01, in an amount not less than $2,000,000 per occurrence,
$4,000,000 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 endors ement 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.
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 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.
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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 satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage shall also apply on 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 VI
(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.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not
intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains
to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City
requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available
insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the
City.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City
with a thirty-day notice of cancellation (except for nonpayment for which a ten-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.
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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.
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 and 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
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:
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:
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
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
DESIGN PROFESSIONAL SERVICES AGREEMENT
This agreement (Agreement) is made and entered into in the City of San Luis Obispo on [date], by and
between the City of San Luis Obispo, a municipal corporation and charter city (City) and Consultant)
(collectively referred to as the “Parties”).
WITNESSETH:
WHEREAS, the City wants to prepare a Facility Infrastructure Renewal Strategy (Master Plan) for
the Water Treatment Plant (the “Services”); and
WHEREAS, Consultant is qualified to perform this type of Services and has submitted a proposal
to do so, which has been accepted by City; and
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 [date], or upon acceptance and completion of said Services, whichever
occurs sooner.
2. INCORPORATION BY REFERENCE.
The Notice Requesting Proposals for the Water Treatment Plant Facility Infrastructure Renewal
Strategy for the Public Utilities Department and Consultant's proposal dated [date] are hereby
incorporated in and made a part of this Agreement, attached as Exhibit A. The City’s insurance
requirements are hereby incorporated in and made part of this Agreement, attached as Exhibit B.
To the extent that there are any conflicts between the Consultant’s fees and scope of work and
the City’s terms and conditions as stated herein, the City’s terms and conditions shall prevail
unless specifically agreed otherwise in writing signed by both Parties.
3. CITY’S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and
Consultant shall receive therefor compensation in a total sum not to exceed [$xx,xxx].
4. CONSULTANT’S OBLIGATIONS. For and in consideration of the payments and agreements herein
before mentioned to be made and performed by City, Consultant agrees with City to do everything
required by this Agreement including that work as set forth in Exhibit A.
5. PAYMENT OF TAXES. The contract prices shall include full compensation for all taxes that
Consultant is required to pay.
6. LICENSES AND PERMITS. At all times during the term of this Agreement, Consultant shall have in
full force and effect, all licenses required of it by law for the performance of the Services described
in this Agreement. The Consultant shall procure all permits and licenses, pay all charges and fees,
and give all notices necessary under this Agreement.
7. COMPLIANCE WITH LAW. The Consultant shall keep itself informed of and shall observe and
comply with all applicable State and Federal laws and regulations, and county and City of San Luis
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Obispo ordinances, regulations and adopted codes, which in any manner affect those employed
by Consultant or in any way affect the performance of the Services pursuant to this Agreement.
The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure
of the Consultant to comply with this Section. Failure to comply with local ordinances may result
in monetary fines and cancellation of this Agreement.
8. COMPLIANCE WITH INDUSTRY STANDARD. Consultant shall provide services acceptable to City in
strict conformance with the Agreement. Consultant shall also provide in accordance with the standards
customarily called for under this Agreement using the degree of care and skill ordinarily exercised by
reputable providers of such services. Where approval by the City, the City Manager, the Mayor, or other
representative of City is required, it is understood to be general approval only and does not relieve
Consultant of responsibility for complying with all applicable laws, codes, policies, regulations, and
good business practices.
9. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor.
The personnel performing the Services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control. Neither City nor
any of its officers, employees, or agents shall have control over the conduct of Consultant
or any of Consultant's officers, employees, or agents, except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of
its officers, employees, or agents are in any manner officers, employees, or agents of the
City. Consultant shall not incur or have the power to incur any debt, obligation, or liability
whatsoever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing the Services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
10. PRESERVATION OF CITY PROPERTY. The Consultant 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 Consultant’s operations, it shall be replaced or restored at Consultant’s
expense. The City’s facilities shall be replaced or restored to a condition as good as when the
Consultant began the work.
11. IMMIGRATION ACT OF 1986. The Consultant warrants on behalf of itself and all subconsultants
engaged for the performance of the Services that only persons authorized to work in the United
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws
shall be employed in the performance of the Services hereunder.
12. NON-DISCRIMINATION. In the performance of the Services, the Consultant agrees that it will not
engage in, nor permit such subconsultants as it may employ, to engage in discrimination in
employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
13. WORK SCHEDULED/TIME OF COMPLETION.
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City and Consultant agree that time is of the essence in this Agreement. City and Consultant
further agree that Consultant's failure to perform on or at the times set forth in this Agreement
will damage and injure City, but the extent of such damage and injury is difficult or speculative to
ascertain. Consequently, City and Consultant agree that any failure to perform by Consultant at
or within the times set forth herein shall result in liquidated damages for each and every day such
performance is late or delayed. City and Consultant agree that such sum is reasonable and fair.
Furthermore, City and Consultant agree that this Agreement is subject to Government Code
Section 53069.85 and that each party hereto is familiar with and understands the obligations of
said Section of the Government Code.
14. 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
Consultant (Net 30). Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted on or about the first business day of each month, or as soon thereafter
as practical, for services provided in the previous month. Payment shall be made within thirty (30)
days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's
fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. Any final payment under this Agreement shall be made
within forty-five (45) days of receipt of an invoice, therefore.
15. INSPECTION. City shall at all times have the right to inspect the work being done under this
Agreement and Consultant shall furnish City with every reasonable opportunity and assistance
required for City to ascertain that the Services of the Consultant are being performed in
accordance with the requirements and intentions of this Agreement. 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 Consultant of any of its obligations under the Agreement.
16. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall be
considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents, or subconsultants, shall
not, without written authorization from the City Manager or unless requested by the City
Attorney, voluntarily provide declarations, letters of support, testimony at depositions,
response to interrogatories, or other information concerning the work performed under
this Agreement. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers, employees, agents,
or subconsultants be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions, or other
discovery request (“Discovery”), court order, or subpoena from any person or party
regarding this Agreement, unless the City is a party to any lawsuit, arbitration, or
administrative proceeding connected to such Discovery, or unless Consultant is
prohibited by law from informing the City of such Discovery. City retains the right, but has
no obligation, to represent Consultant and/or be present at any deposition, hearing, or
similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or
administrative proceeding and is averse to Consultant in such proceeding, Consultant
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agrees to cooperate fully with City and to provide the opportunity to review any response
to Discovery requests provided by Consultant. However, City's right to review any such
response does not imply or mean the right by City to control, direct, or rewrite said
response.
17. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts, and other such information required by City that relate to the
performance of the Services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or its designees at reasonable times to such
books and records; shall give City the right to examine and audit said books and records;
shall permit City to make transcripts or copies therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a
period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this Agreement, all
original documents, designs, drawings, maps, models, computer files, surveys, notes, and
other documents prepared in the course of providing the Services under this Agreement
shall become the sole property of the City and may be used, reused, or otherwise
disposed of by the City without the permission of the Consultant. With respect to
computer files, Consultant shall make available to the City, at the Consultant's office and
upon reasonable written request by the City, the necessary computer software and
hardware for purposes of accessing, compiling, transferring, copying and/or printing
computer files. Consultant hereby grants to City all right, title, and interest, including any
copyright, in and to the documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared by Consultant in the course of providing
the Services under this Agreement.
18. INDEMNIFICATION AND DEFENSE.
a. Indemnification and Defense for Professional Services
To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold
harmless City and any and all of its officials, employees and agents (“Indemnified Parties”)
from and against any and all claims, losses, liabilities, damages, costs and expenses,
including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to
the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty
to defend shall consist of reimbursement of defense costs incurred by City in direct
proportion to the Consultant’s proportionate percentage of fault. Consultant’s
percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator.
In the event any loss, liability or damage is incurred by way of settlement or resolution
without a court, jury or arbitrator having made a determination of the Consultant’s
percentage of fault, the Parties agree to mediation with a neutral third-party to determine
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the Consultant’s proportionate percentage of fault for purposes of determining the
amount of indemnity and defense cost reimbursement owed to the City.
b. For all Other Liabilities
Notwithstanding the foregoing and without diminishing any rights of City under Section
19.a., for any liability, claim, demand, allegation against City arising out of, related to, or
pertaining to any act or omission of Consultant, but which is not a design professional
service, Consultant shall defend, indemnify, and hold harmless the Indemnified Parties
from and against any and all damages, costs, expenses (including reasonable attorney
fees and expert witness fees), judgments, settlements, and/or arbitration awards,
whether for personal or bodily injury, property damage, or economic injury, and arising
out of, related to, any concurrent or contributory negligence on the part of the City except
for the sole or active negligence of, or willful misconduct of the City.
19. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or terminate
this Agreement, or any portion hereof, by serving upon the Consultant at least thirty (30)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City
suspends or terminates a portion of this Agreement such suspension or termination shall
not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to
Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the
Agreement pursuant to this Section, the Consultant will submit an invoice to the City
pursuant to Section 14.
20. TERMINATION FOR CAUSE. If, during the term of the Agreement, the City determines the
Consultant is not faithfully abiding by any term or condition contained herein, the City may notify
the Consultant in writing of such defect or failure to perform. This notice must give the Consultant
a ten (10) calendar day notice of time thereafter in which to perform said work or cure the
deficiency.
a. If the Consultant has not performed the work or cured the deficiency within the ten (10)
days specified in the notice, such shall constitute a breach of the Agreement and the City
may terminate the Agreement immediately by written notice to the Consultant to said
effect (“Notice of Termination”). Thereafter, neither party shall have any further duties,
obligations, responsibilities, or rights under the Agreement except to comply with the
obligations upon termination.
b. In said event, the Consultant 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
Consultant as may be set forth in the Agreement payment schedule; compensation for
any other work or services performed or provided by the Consultant shall be based solely
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on the City’s assessment of the value of the work-in-progress in completing the overall
scope.
c. The City reserves the right to delay 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 Consultant
be entitled to receive in excess of the not to exceed amount shown in this Agreement.
21. INSURANCE. Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit B attached to and made part of this
Agreement.
22. 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.
23. SAFETY PROVISIONS. The Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
24. 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.
25. UNDUE INFLUENCE. Consultant declares and warrants that no undue influence or pressure was
used against or in concert with any officer or employee of the City in connection with the award,
terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of the City has or will
receive compensation, directly or indirectly, from Consultant, or from any officer, employee or
agent of Consultant, in connection with the award of this Agreement or any work to be conducted
as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the City to any and all remedies at law or in equity.
26. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, without prior written consent of the City.
a. As required above, before retaining or contracting with any subconsultant for any services
under this Agreement, City must consent to such assignment of performance in writing.
For City to evaluate such proposed assignment, Consultant shall provide City with the
identity of the proposed subconsultant, a copy of the proposed written contract between
Consultant and such subconsultant, which shall include an indemnity provision similar to
the one provided herein and identifying City as an indemnified party, or an incorporation
of the indemnity provision provided herein, and proof that such proposed subconsultant
carries insurance at least equal to that required by this Agreement or obtain a written
waiver from City for such insurance.
27. AMENDMENT. Any amendment, modification, or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the appropriate review authority
according to the City’s Financial Management Manual. Consultant shall not be compensated for
any services rendered in connection with its performance of this Agreement which are in addition
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to those set forth herein, unless such additional services are authorized by the City in advance
and in writing.
28. 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. Each party is entering into
this Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
29. NOTICE. All notices to the Parties hereto under this Agreement shall be in writing and shall be
sent either by (i) personal service, (ii) delivery by a reputable document delivery service, such as,
but not limited to, Federal Express, which provides a receipt showing date and time of delivery,
or (iii) United States Mail, certified, postage prepaid, return receipt requested. All such notices
shall be delivered to the addressee or addressed as set forth below:
To City: Public Utilities Department
City of San Luis Obispo
897 Morro, San Luis Obispo, California
Attention: Miguel Barcenas
To Consultant: Name
Mailing Address
30. GOVERNING LAW. Any action arising out of this Agreement shall be brought in the Superior Court
of San Luis Obispo County, California, regardless of where else venue may lie. The validity,
interpretation, construction and performance of this Agreement, and all acts and transactions
pursuant hereto and the rights and obligations of the Parties hereto shall be governed, construed
and interpreted in accordance with the laws of the State of California, without giving effect to
principles of conflicts of law.
31. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that each
individual 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.
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CITY CONSULTANT
_______________________________
By: [Name]
Its: [Title of City Manager or Department Head]
_______________________________
By: [Name]
Its: [Title]
APPROVED AS TO FORM:
_______________________________
By: J. Christine Dietrick, City Attorney
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EXHIBIT A
[Placeholder for RFP and Consultant’s Proposal]
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