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FROM: Carrie Mattingly, Utilities Director
Prepared By: Jennifer Lawrence, Project Manager
SUBJECT: PROGRAM MANAGER CONTRACT AWARD FOR THE WATER
RESOURCE RECOVERY FACILITY UPGRADE PROJECT
RECOMMENDATION
1. Award a contract to Water Systems Consulting, Inc. to provide Program Management services
for the duration of the Water Resource Recovery Facility Upgrade Project (Specification No.
91219).
2. Authorize the City Manager to execute related Task Orders for Phase 1 with Water Systems
Consulting, Inc. not to exceed $2,225,383.
3. Approve a transfer of $2,225,383 from the sewer fund Capital Reserve for the Water Resource
Recovery Facility Upgrade project to the project account.
DISCUSSION
Background
Upgrading the Water Resource Recovery Facility (formerly WRF) is necessary to meet regulatory
requirements, increase plant capacity, and replace aged facilities that have reached the end of their
service life. With the upgrade, the City of San Luis Obispo is afforded a unique opportunity to
provide an innovative, sustainable, and exciting community asset. Total project cost (not including
program management) is estimated at $64 million with study and preliminary design scheduled to
commence in February 2014.
The project is multi-faceted and complex. Effectively managing such a large-scale project requires a
dedicated program manager to assist the City in attaining its goals for the upgrade. The City Council
authorized a Request for Proposals for the Water Reclamation Facility Upgrade Project Program
Manager, on October 15, 2013. Five proposals were received and opened on November 13, 2013,
four of which were selected for follow-up presentations and interviews. A review committee of
senior staff from the Utilities and Public Works departments interviewed the consultants on
December 4, 2013. Based on the quality of its proposal and presentation to staff, Water Systems
Consulting, Inc. (WSC) was unanimously selected as the top consulting firm.
Extensive negotiations and background checks have been successfully completed and it is
recommended the City Council award the WRRF upgrade program management services contract
to Water Systems Consulting, Inc.
Program Management - Collaborate. Envision. Deliver.
WSC, a consulting firm headquartered in San Luis Obispo, chose three words to describe its
approach to the City’s project: Collaborate. Envision. Deliver. Its proposal and subsequent
presentation effectively demonstrated a clear understanding of the City’s vision for the WRRF
Meeting Date
Item Number January 21, 2014
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Program Manager Contract Award – WRRF Upgrade, Specification No. 91219 Page 2
upgrade exemplifying a future focus, a community connection, and a depth of understanding of the
City’s wastewater system and its associated strengths and challenges. WSC’s emphasis on project
planning and its grasp of the breadth of activities required to ensure the success of this long-term
project as a community asset was outstanding. Communication with the review committee, in its
written proposal and during its presentation, was another exceptional characteristic of WSC. WSC
has an impressive resume, successfully managing numerous large-scale programs similar in scope
and complexity to the WRRF upgrade.
Mr. Jeffery Szytel will lead the program management team. He will be supported by experienced
professionals from WSC as well as select sub-consultants. An organizational chart listing the team
members and the functions they will perform on the project is provided on page four of the proposal
available in the Council Office.
Phasing and Scope of Work
The WRRF upgrade is a highly complex, long-term project that has been divided into five phases.
The project is expected to be completed in 2020.
Phase Assumed Schedule
Phase 1 - Project Planning January 2014 – June 2015
Phase 2 - Preliminary Design July 2015 – February 2016
Phase 3 - Final Design March 2016 – September 2017
Phase 4 - Construction October 2017 – June 2020
Phase 5 - Close Out July 2020 – August 2020
At this time, staff is requesting funding only for Phase 1 – Project Planning program management;
although the WSC contract for program management is for project duration. This first phase is the
foundation of the entire project. Action taken during this phase charts the course for the remainder
of the project.
In its original proposal, WSC identified tasks that were not spelled out in the City’s request for
proposals, yet important to project success. During negotiations, staff and WSC worked through the
detailed nature of those tasks and identified those tasks essential to project success. These tasks
have been included in the revised proposal. Actions that will be taken to accelerate and streamline
project design, reduce the need for future RFPs, and minimize knowledge transfer time into phases
two, three, and four, were significant additions and, while adding costs to the front end of the
project, are expected to result in a greater reduction of overall project costs and best ensure project
success.
WSC has already demonstrated its organizational skill, creativity, and innovation that will add value
to the project, incorporate triple bottom line benefits, and appropriately manage expectations. With
WSC’s technical expertise and business acumen, staff is confident the WSC team will successfully
assist the City in completing the project on time and on budget.
CONCURRENCES
The Public Works Department was integrally involved with the interviews and negotiation process
and concurs with this recommendation.
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Program Manager Contract Award – WRRF Upgrade, Specification No. 91219 Page 3
FISCAL IMPACT
For issuance of the request for proposals, staff estimated consulting services for program
management at three and one-half percent of project cost. The October 15, 2013 staff report stated
“…using this rule of thumb, for a $64 million project program management may cost $2,240,000
for the entire project with the annual cost around $373,000.” The standard range for program
management services is between three and one-half and ten percent of project cost. Staff used the
lowest range of estimated costs so as not to send a message to proposers that money was no object.
In retrospect, it might have been most useful to Council to understand the full range of potential
costs for these services. Phase 1 – Project Planning, with the completely negotiated scope of work,
is three and one-half percent of project cost. Based on the negotiation process, staff is confident the
community will receive outstanding value for this investment and there will be no wasted effort in
the negotiated scope of work. The program management needs for the successive phases will be
fully negotiated and staff will return to Council with that scope of work and to request funding for
those phases in early 2015. The project fee schedule has been negotiated for the duration of the
contract term.
The sewer fund currently has sufficient funding ($3.9 million) in its Capital Reserve for WRRF
Upgrade to cover this contract through Phase 1.
Other construction-related services proposed by WSC that have strong potential to benefit the
overall project will be evaluated at a later date and brought to Council for consideration if found to
be in the best interest of the City’s rate payers.
ALTERNATIVES
1. Authorize the original cost estimate in the amount of $2.24 million for the duration of the
project and direct staff to renegotiate scope of work for program manager. Staff does not
recommend this action. To successfully plan and construct a project of this size and complexity
requires a high level of expertise and all proposers submitted program plans that represented
significant work effort. The City does not have existing staff with time or training to support this
level of work and as such the WRRF Upgrade project would be negatively impacted.
ATTACHMENTS
1. October 15, 2013 staff report for WRRF Upgrade Project Program Manager and attachments
2. Contract/Agreement
AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE
WSC’s proposal, dated 12/30/13, including: submittal forms, organization chart, scope of services
for Phase I, cost of services for Phase I (Fee Schedule), and hourly rates
..\91219 WRRF Program Manager (Mattingly-Lawrence)
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The program
manager will be
holistically
involved with
all aspects of
the facility
upgrade and
accountable for
program
schedule,
budget, and
quality.
FROM: Carrie Mattingly, Utilities Director
Prepared By: Jennifer Lawrence, Project Manager
SUBJECT: REQUEST FOR PROPOSALS FOR WATER RECLAMATION FACILITY
UPGRADE PROJECT PROGRAM MANAGER, SPECIFICATION NO. 91219
RECOMMENDATION
Authorize staff to advertise for Water Reclamation Facility Upgrade Program Manager proposals.
DISCUSSION
Background
The City’s Water Reclamation Facility (WRF) needs to be upgraded in order to meet regulatory
requirements for the discharge of nitrates and trihalomethanes (by-products related to disinfecting
wastewater). The upgrade is also needed to increase plant capacity to serve the City’s projected
General Plan build out population and replace aged facilities at the end of their service life. Study
and design of these improvements is scheduled to begin in early 2014, with start of construction
anticipated in 2016-17. The total project cost is estimated at $64 million. A project overview is
included in the City’s 2013-15 Capital Improvement Plan (pages 3-171 to 3-174) and is provided
(Attachment 1). The water reclamation facility upgrade project is expected to take five to six years
from design to completion. The Program Manager is expected to start work in February 2014. A
technical memorandum and proposed schedule for completion of the WRF Upgrade is provided
(Attachment 2).
Program Management
Due to its complexity and length, and with an overriding goal that the
project comes in on time and on budget, it is necessary to hire a program
manager for the duration of this project. The program manager will
serve as a key person in planning and administering the multiple
projects that will result in a completed WRF upgrade. The program
manager’s main responsibility will be to ensure the City’s objectives for
this project are met. Based on Council authorization, the program
manager will start as soon as possible.
Program v. Project Manager
A program manager differs from a project manager in several ways.
Basically, they will spend much time and effort integrating the various
complex activities and projects associated with the upgrade,
communicating to stakeholders, and negotiating plan changes related to
the work. It is anticipated a project manager (or managers), who will be
assigned to various projects required by the upgrade, will report to the
program manager. The program manager will be accountable to the
Meeting Date
Item Number
October 15, 2013
Attachment 1
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RFP for WRF Upgrade Project Program Manager, Specification No. 91219 Page 2
Director of Utilities for program schedule, budget, and quality and will work with the City after
construction is complete to close out the project. Fundamentally, the program manager will be
holistically involved with all aspects of the upgrade from the preliminary design to project close out
and ensure all of these efforts are integrated.
Evaluation and Selection Process
The deadline for submitting the proposals is November 13, 2013. Based on the evaluation criteria
set forth in the RFP (Attachment 3), proposals will be reviewed and, if necessary, finalists will be
invited for a follow-up presentation/interview before a review committee. Reference checks will be
conducted.
Based on the results of the selection process, a recommendation will be made to the City Council. A
detailed proposal review schedule is included on page ten of the RFP. It is anticipated this item
should be back to Council by the end of December 2013.
Prospective Proposers
In addition to publishing a formal notice requesting proposals, the RFP will be sent to a limited
number of firms specializing in this type of service. A list of prospective firms is part of the RFP.
FISCAL IMPACT
After proposals are received and evaluated, and cost negotiations take place with the most qualified
consultant, staff will return to Council with its recommendation and the fiscal impact of hiring a
program manager. The cost estimate for consulting services for program management is three and
one-half percent of project cost and work is expected to begin in February of 2014. Using this rule
of thumb, for a $64 million project program management may cost $2,240,000 for the entire project
with the annual cost around $373,000. The cost of hiring a program manager was not included in
the City consultant’s original cost estimate in the City’s current Capital Improvement Plan and will
increase the total project cost. The sewer fund currently has sufficient funding ($3.9 million) in its
Capital Reserve for WRF Upgrade to accommodate the program manager cost and other program
objectives planned for this fiscal year.
ATTACHMENTS
1.Attachment 1 - Project Overview - Capital Improvement Plan.pdf
2.Attachment 2 - Implementation and Upgrade Schedule.pdf
3.Attachment 3 - RFP for Program Manager Services.pdf
..\RFP for WRF Upgrade Program Manager (Mattingly-Lawrence)
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CAPITAL IMPROVEMENT PLAN - PUBLIC UTILITIES
WATER RECLAMATION FACILITY UPGRADE
Project Description
Upgrading the City’s Water Reclamation Facility (WRF) to meet pending regulatory requirements, capacity and infrastructure deficiencies will cost $100,000 for a
study phase during 2013-14, $3,550,000 for the design phase in 2013-14 and 2014-15, and $59,550,000 for construction and construction management starting in
2016-17.
Maintenance/Replacement New project Fleet Replacement New Fleet Request
Council Goal / Measure Y Priority - List:
Need and Urgency
The upgrade of the City’s Water Reclamation Facility (WRF) is in response to stricter discharge limits being required by the Regional Water Quality Control
Board (RWQCB), to increase capacity to serve the City’s population at General Plan build out, and to replace existing aged facilities at the end of their service life.
The 2010 WRF Master Plan identifies the related upgrades and associated costs. Study and design of these improvements is scheduled to begin in 2013-14, with
construction anticipated in 2016-17.
Stricter discharge limits will require new treatment processes as well as changes to current processes at the WRF to remove nutrients and disinfection by-products
before discharging water to San Luis Obispo Creek. These limits have been applied due to the Creek’s beneficial use designation as a Municipal and Domestic
Supply (MUN) requiring the WRF’s discharge to comply with drinking water standards. The City has disagreed with the designation and City staff has worked
with the RWQCB on a process to explore all possible regulatory options to address the MUN designation. Recently the RWQCB communicated to the City that
they would no longer consider and participate in the process to explore regulatory options and will begin the development of a National Pollutant Discharge
Elimination System (NPDES) permit with stricter discharge requirements. The City will be required to meet these new requirements within 5 years after the
issuance of the permit.
The WRF’s current treatment capacity is 5.1 million gallons per day in dry weather and 22 million gallons per day during wet weather. As the City’s population
nears 50,000, certain infrastructure will need to be added or upgraded to ensure the WRF can meet the increased flows. Recent population projections indicate the
City is growing slowly and that the WRF may have adequate capacity for the next ten years. The capacity upgrade will depend on studies, analysis of operational
flexibility and discussions with Community Development to determine the appropriate capacity increase to meet future needs.
Readiness to Build
Study complete or n/a
Equipment purchased or n/a
Property owned or property agreement in place n/a
Environmental approval and permits complete or n/a
3-171
Exhibit 13a
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CAPITAL IMPROVEMENT PLAN - PUBLIC UTILITIES
WATER RECLAMATION FACILITY UPGRADE
Specifications or construction documents complete n/a
IT Steering Committee review n/a
Environmental Review and Permits Required
Environmental Review n/a
Building Permit n/a
Waterway Permits (Fish & Game, Water Quality, Army Corps) n/a
Railroad n/a
Other: (Enter the title and agency of any other needed permits) n/a
Operating Program Number and Title:
55330 Water Reclamation Facilities, Sewer Fund
Project Phasing and Funding Sources
Initial Project Costs by Phase
Budget to Date 2013-142014-152015-162016-172017-18 Total
Study $500,000$100,000 $600,000
Environmental / Permit $50,000 $50,000
Design $1,500,000$2,000,000 $3,500,000
Construction $0
Nutrient Removal $39,460,000
Infrastructure $10,590,000
Disinfection $5,000,000
Construction Management $4,500,000 $4,500,000
Total$500,000$1,650,000$2,000,000 $0$59,550,000 $0$63,700,000
Detail of ongoing costs and alternatives to ongoing costs including return on investment information: Project will include new equipment and processes and
ongoing costs will be explored through the project’s design phase to ensure energy efficiency, regulatory compliance and efficient use of staff resources.
Anticipated Facility Life Span: 15 to 50 years; changing regulatory requirements can require upgrades prior to plant and equipment reaching useful life
3-172
Exhibit 13a
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CAPITAL IMPROVEMENT PLAN - PUBLIC UTILITIES
WATER RECLAMATION FACILITY UPGRADE
Budget to Date 2013-142014-152015-162016-172017-18 Total
Sewer Fund $500,000$1,650,000$2,000,000 $9,000,000 $13,150,000
Debt Financing $50,550,000 $50,550,000
Total $500,000$1,650,000$2,000,000 $0$59,550,000 $0$63,700,000
Project Funding by Source
Reduced / Enhanced Project Alternatives
Alternate project is feasible – Reduced project cost is feasible – Possible cost of reduced project: ranges from $44,000,000 to $50,000,000, including
$8,000,000 for design/construction management and $36,000,000 to $42,000,000 for construction. Staff is optimistic that during preliminary design review
and NPDES negotiations that a variety of alternatives and permit conditions, as yet to be determined, will allow the reduction of costs while still meeting
all of the project’s regulatory, capacity, and infrastructure requirements and goals. The WRF energy efficiency project, if implemented, also is anticipated
to reduce project costs.
Project Team
Assignment Program Estimated Hours
13-14 14-15 15-16 16-17 17-18
Project Management Consultant Services 400 400 400 500 500
Environmental review Utilities
Community Development
100
200
100
200
0 0 0
Construction Management Contract Services (with assistance from
Public Works and Utilities)
0 0 0 1000 1000
Project Support WRF Supervisor and WRF Staff
Public Works Engineering
400 400 400 700 700
Project Proponent Utilities, Wastewater Admin, Deputy
Director
250 250 300 300 300
3-173
Exhibit 13a
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CAPITAL IMPROVEMENT PLAN - PUBLIC UTILITIES
WATER RECLAMATION FACILITY UPGRADE
Location Map : City of San Luis Obispo Water Reclamation facility at 35 Prado Road.
3-174
Exhibit 13a
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ES052913234031SCO/SLO IMPLEMENTATION SCHEDULE DEV WRP UPGRADE PROJECT TM_070213_FINAL 1
TECHNICAL MEMORANDUM (FINAL)
Development of Implementation Schedule for Water Reclamation Plant Upgrade Project
PREPARED FOR: Chris Minton
Larry Walker Assoc., Inc
COPY TO: David Hix, City of San Luis Obispo
Howard Brewen, City of San Luis Obispo
Brian Waite, CH2M HILL
Zeynep Erdal, CH2M HILL
Dave MacDonald, CH2M HILL
PREPARED BY: Mary L. Vorissis, PE
DATE: July 3, 2013
PROJECT NUMBER: 474950
Executive Summary
The City of San Luis Obispo (City) has been working with the Central Coast Regional Water Quality Control Board
(RWQCB) on the reissuance of its 2005 National Pollutant Discharge Elimination System (NPDES) permit.
Currently, the permit includes a compliance schedule to upgrade the Water Reclamation Plant (WRP) to meet
trihalomethane (THM) limits. In 2010, the City received a Time Schedule Order (TSO) to comply with THM limits by
March 2015. The City has spent the last few years attempting to get the receiving steam designation changed,
which would have relieved them of the THM limits. Based on a response from the RWQCB, however, the City has
decided to abandon its pursuit and implement a project to address THM limits. More recently, total mass daily
loads (TMDLs) for San Luis Obispo Creek were developed, and the next permit will include a stringent limit for
nitrate. Consequently, the City will need to modify the WRP to comply with requirements for full nitrification-
denitrification (NDN). Additionally, portions of the plant are aged and nearing the end of useful service life.
Therefore, the City has decided to negotiate with RWQCB in development of an implementation schedule that will
allow adequate time to fully plan, design, and construct facilities. The new will be capable of meeting the new
effluent limits for THMs and nitrate and provide an overall upgrade to the WRP that will serve the City well into
the future.
The main objective of this project is to provide a reasonable and defendable schedule based on sound engineering
judgments for planning, designing, and constructing a full upgrade for the City of San Luis Obispo WRP. The
schedule is divided into five project phases, including planning, preliminary design, final design, construction and
project closeout. The estimated duration of each phase is shown in Table 1.
TABLE 1
Project Schedule Estimated Durations by Phase
Description
Estimated Duration
(Months)
Phase I – Planning 15
Phase II – Preliminary Design 15
Phase III – Final Design 21
Phase IV – Construction 33
Phase V – Closeout 2
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The schedule durations are based on the following main task assumptions:
Phase I – Planning will include:
•Procurement of planning engineer
•Preparation of a facilities plan
•Preparation of appropriate California Environmental Quality Act (CEQA) documentation
•Evaluation, pilot testing, and data collection for alternate disinfection treatment alternatives
•Reviews by project stakeholders
Phase II – Preliminary design will include:
•Procurement of design engineer
•Conducting special investigations (such as geotechnical, survey)
•Preparation of 30 percent design documents
•Procurement of value engineering team
•Conducting value engineering
Phase III – Final design will include:
•Preparation of final design documents
•Review for constructability
•Prequalification of major equipment
•Prequalification of contractors
•Reviews and approvals by project stakeholders
•Advertisement for bids and selection of contractor
Phase IV – Construction will include:
•Construction of project facilities
•Commissioning and startup of project facilities
Phase V – Project closeout will include:
•Final acceptance and certification of project
The subsequent sections of this technical memorandum (TM) describe more details of the schedule components
and assumptions used to develop the proposed implementation schedule. The schedule for the WRP Upgrades
Project is presented in the Appendix A. The durations shown are in work days.
Project Schedule Basis and Assumptions
To development a reasonable and defensible schedule the following activities were conducted:
•Visit to the WRP site
•Meeting with the City with follow-up questions and answers over telephone
•Review of the WRP Master Plan dated 2011
Discussions with the City were critical to identify planned and potential future projects and to understand the
project stakeholders’ approval processes, such as the process for hiring an architectural/engineering firm.
Project stakeholders with major input to the planning and design include the City’s Utility Department for plant
operations, the Central Coast RWQCB for permits, and the State Water Resources Control Board (SWRCB) for
funding. Other City departments such as Public Works, Community Development, and Finance also will be active
stakeholders in the project.
The City will be contracting for several professional services. City Council approval is required for any contract
over $25,000. These contract approvals are major schedule milestones. The professional services will include the
Planning Phase Engineer, Design Phase Engineer, CEQA Consultant, and the Value Engineering Consultant. Other
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significant milestone will include City Council approval to advertise for construction bids, project construction
substantial completion, effluent quality compliance deadline and Final Completion and Acceptance.
The Schedule includes the planning, designing, constructing, and commissioning of all necessary upgrades. The
exact scope of the upgrades will be identified through the planning study process and subsequent development of
a WRP Facilities Plan. To develop the schedule, the following WRP upgrades were assumed:
Regulatory Compliance
•NDN upgrade using the Bardenpho process
•Demolition of Biotrickling Filters No. 1 and 2
•Final clarification expansion
•Disinfection upgrades or replacement
Wet Weather and Dry Weather Flow Capacity Considerations
•Influent equalization expansion
•Sludge thickener expansion
•Effluent cooling expansion
•Filtration modification
Infrastructure Upgrades
•Digester replacement
•Fuel, oil, and grease (FOG) receiving station
•Replacement of maintenance buildings
•Administration building upgrades
•Operations building upgrades
Community Outreach Facilities
•Interpretive learning center
•Public parking
•Event space
Phase 1 – Planning
The start of the planning phase is initiated with the City’s Utility Department, which will define the project and
budget. The project (that is, the request for proposals [RFP]) is submitted to the City Council for approval. The City
Council meets the first and third Tuesdays of the month. Items for Council agenda and approvals must be ready 2
to 3 weeks in advance of the meetings. After solicitation, review of proposals, and interviews, the City Manager
will issue a contract to the highest-ranked firm or consultant. The total process for consultant procurement, from
City Council approval to City Manager approval, is assumed to take 9 weeks.
The first phase is Project Planning. The primary elements of the planning phase include:
•Define the project goals
•Collect and analyze data
•Evaluate and compare alternatives
•Define the environmental impacts
•Establish sources of funding
Facilities Plan Development
The City completed a WRP Master Plan in 2011, evaluating various alternatives for liquid and solids treatment at a
cursory level and not in an integrated fashion. At the time, the regulatory requirements were known to the City as
a result of its continuous communication with the RWQCB. Currently, the City has established more concrete
treatment goals beyond the requirements. The City has a vision for the entire facility that was last upgraded in
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1993 for an average dry-weather flow (ADWF) of 5.1 million gallons per day (mgd), and a peak wet-weather flow
(PWWF) of 15 mgd, based on projected flows in 2010. A focused Facility Plan needs to be developed to be able to
reliably establish and select alternatives that can meet the capacity needs and the regulatory requirements in an
integrated fashion. This will result in a well planned facility that has the right tools and is prepared for potential
future treatment and resource recovery goals in a sustainable fashion.
The imminent treatment requirements include, but are not limited to, the following parameters that need to
constitute the core of the treatment considerations for nutrient removal and disinfection:
•Less than (<) 10 milligrams per liter (mg/L) as N, and provisions for P removal
•<0.4 micrograms per liter (µg/L) monthly average and 1.0 µg/L daily maximum chlorodibromomethane
•<0.56 µg/L monthly average and 1.0 µg/L daily maximum dichlorobromomethane
•Median fecal coliform of <2.2 most probable number (MPN) per 100 milliliters (mL), and total coliform of
<23 MPN per 100 mL
To achieve this, the following activities need to be completed under the initial part of the Implementation
Schedule, leading to an integrated Facility Plan:
•Review of the facility, current available data and reports, including the WRP Master Plan, existing NPDES
permit, master reclamation permit, and executive summary of the pending Investment Grade Analysis (IGA).
•Development of flows (ADWF and PWWF), facility upgrade, reliability, sustainability and compliance goals,
and update of the evaluation of treatment technology alternatives accordingly, while including resource
recovery options for the facility.
•Collection of supplemental data –Wastewater characterization and background contaminant levels will be
needed to develop the current conditions related to treatment requirements.
•Development of capacity considerations based on the information developed under the preceding activities. It
is anticipated that a capacity of 5.6 mgd or greater will be needed. However, the capacity needs to be for a
planning horizon as approved by the City, not a short-term consideration. Recycled water demands and
reclamation capacity needs also must be established through a review of the recycled water users and
associated demands. The capacity considerations will include:
− Flow management and equalization considerations (dry weather and peak wet weather) for treatment
management and energy demand optimization
− Liquid treatment to meet the regulatory requirements and resource recovery goals.
− Solids handling and resource recovery options with and without FOG receiving
− Energy recovery (such as cogeneration, waste heat capture, and effluent cooling)
•Execution of Support Infrastructure Planning, incorporating auxiliary goals, ultimately providing reliability and
flexibility, through use of proven technologies with up-to-date mechanical, electrical, and control systems, as
well as emergency power for critical systems, redundant equipment, and ability to process flow and
performance variations. These activities will incorporate:
− Demolition of existing facilities and repurposing of certain facilities that have reached the end of life to
allow for new facilities and future construction. Existing tanks and equipment will be repurposed
whenever possible.
− Miscellaneous facility improvements and rehabilitation will be conducted based on the existing assets and
their rehabilitation needs.
− Existing Administration Building and Maintenance and Operators Building will be evaluated to determine
if they meet the needs of the upgraded facility.
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− Supervisory control and data acquisition (SCADA) planning and automation will include features for
process controls for the nutrient removal and disinfection system, at the least, to be able to continually
comply with the permit requirements. Operator monitoring of the system elements and energy efficiency
components will be integrated into the automations features, such as blower/dissolved oxygen (DO)
controls to avoid over- or under-aeration.
− Upgrades and energy efficiency features for the backbone utilities, such as water, gas (natural and
digester), and power, need to be upgraded to provide the required level of service and reliability, as well
as efficiency.
− Leadership in energy and environmental design (LEED) features, which require efficient water and energy
use, minimum waste generation, effective ergonomic design, and low life-cycle costs.
•Consideration of site civil criteria will be incorporated into the Facility Plan as part of the infrastructure
planning study to allow long-term functionality and to enhance the following facility features:
− Stormwater management will allow site drainage and landscape to follow the principles of low-impact
development (LID) features, such as swales and permeable pavements. Stormwater will be managed as a
resource, not a waste product.
− Site planning will include phasing of the treatment expansion to meet the capacity planning horizon
needs. The general site features should be improved to be compatible with the process upgrades. The site
layout, grading, and roadways should be reconfigured to match the new process basins. Space should be
allocated to future expansions.
− A Learning/Interpretive Center will be included to provide a center for learning, public events, and nature
activities. The upgraded facilities will provide greater access and use by the public.
•Execution of special studies in parallel to the facility plan development. Information developed from the
studies will be incorporated into the corresponding planning documents.
− A Disinfection and THM Formation Study will be conducted to evaluate technologies for their ability to
comply with the THM requirements.
− Asset Planning and Rehabilitation Needs Study: The first stage of the rehabilitation program is to conduct
an evaluation of the existing facilities. This evaluation will include an asset inventory study to identify the
age, operating efficiency, and maintenance record of the existing facilities. Each asset is then analyzed for
the risk of failing to provide the required level of service over the life of the project. Assets that have a
high probability of failure will undergo a detailed condition assessment to determine specific levels of
rehabilitation or replacement.
− Energy Efficiency and Energy Auditing will be performed to establish the efficiency of the existing systems
and identify energy-efficiency upgrades for the facility lighting, large equipment, in-plant pump stations,
and more.
The planning consultant will be performing various types of studies, as shown in the Schedule presented in
Appendix A. These studies include addressing regulatory compliance, THM formation (special study), energy
efficiency and optimization (special study), SCADA upgrades (special study), capacity increase needs and peak flow
management, aging infrastructure, site planning, sustainability, and community outreach. Before the study work
can begin, the consultant will need to review past engineering studies and record drawings, as well as to collect
operating data and records of maintenance, as necessary.
The planning phase also will address the environmental issues. The City will retain a CEQA Consultant who will
prepare an Initial Study that will summarize the environmental concerns and recommend the appropriate CEQA
process to be followed during the preliminary design. Although initial environmental investigation work has been
performed, further study will be required to take into consideration all of the planned WRP upgrades.
B1 - 14
DEVELOPMENT OF IMPLEMENTATION SCHEDULE FOR WATER RECLAMATION PLANT UPGRADE PROJECT
6 ES052913234031SCO/SLO IMPLEMENTATION SCHEDULE DEV WRP UPGRADE PROJECT TM_070213_FINAL
The individual studies, including the special studies and Community Outreach Study will be summarized and
presented in the Facilities Plan. The Facilities Plan will include financial planning and determination of funding
sources, and it will require review and input from the project stakeholders, as well as adoption by the City Council.
The Facilities Plan will be submitted to the SWRCB as part of the State Revolving Fund (SRF) application.
One project success factor is to achieve stakeholder concurrence and approval early in the project. Several
workshops and technical meetings between the consultant and City stakeholders were considered in the
development of the schedule. It is also important to keep the RWQCB updated on the progress of the project.
Review by the RWQCB is included in the schedule at every major project deliverable milestone.
Other key assumptions in developing the schedule for the planning phase of the project are:
•Pilot testing of various disinfection methods will be required (16-week duration)
•A comprehensive condition assessment of the WRP will be performed (6-week duration)
The planning phase schedule does not take into consideration studies or research outside the WRP such as
identifying causes of infiltration within the sewer collection system.
Phase II – Preliminary Design
The Facilities Plan will define the projects that will move forward to design and construction. The activity
durations in the schedule for the next four phases are based on comprehensive upgrades of the WRP, as
previously identified.
The preliminary design phase can begin after the approval of the Facilities Plan by the City. The first activity in this
phase is to retain a design engineering consultant for the preliminary and final design phases. The selection of the
consultant firm will require City Council approval. Preliminary design activities will include geotechnical
investigation, topographic surveys, and underground utility research. The Preliminary Design Report (PDR) will
present detailed design criteria, a set of 30 percent complete plans, and updated cost estimate and schedule.
As previously stated, initial environmental planning work has been performed, and a mitigated negative
declaration document is expected to be required. Twenty-three weeks is estimated to draft, review, revise, and
adopt the CEQA document for this project. This CEQA work is assumed to occur concurrently with the project
preliminary design work. Therefore, the CEQA is not expected to impact the total project duration.
The City is expected to retain a value engineering (VE) consultant during the preliminary design phase. A VE
workshop will be conducted at the end of the preliminary design phase. The VE findings that are adopted by the
City will be implemented in final design phase. The PDR and the VE study will be reviewed by the project
stakeholders and presented to City Council as a status update.
Phase III – Final Design
The final design phase will include City review at the 60 percent, 90 percent, and 100 percent design completion
stages. Following the 60 percent design, an application will be submitted to the SWRCB for construction funding
of the project. This application will include an updated Facilities Plan, an ineligible costs analysis, and negotiation
of the construction financing agreement. The 60 percent design will be subject to a constructability review.
Unique equipment will be evaluated for prequalified bidding during this phase. The 60 percent design submittal
will be reviewed by the City’s Utility Department. The design consultant will need to incorporate review
comments as part of the 60 percent design before proceeding to the 90 percent design. Workshops and technical
meetings with the City during preliminary and final design were considered during the development of the
schedule.
The prequalification of construction contractors will occur during the 90 percent design stage. The selection of
prequalified construction contractors will be submitted to the City Council for approval. The 90 percent design
also is subject to stakeholder review.
At the conclusion of the draft 90 percent design documents (plans and specifications); applications will be
prepared and submitted to the various City departments, including Utilities (Operations and Maintenance),
B1 - 15
DEVELOPMENT OF IMPLEMENTATION SCHEDULE FOR WATER RECLAMATION PLANT UPGRADE PROJECT
ES052913234031SCO/SLO IMPLEMENTATION SCHEDULE DEV WRP UPGRADE PROJECT TM_070213_FINAL 7
Community Development (Architectural), Public Works (building permit), City Finance/Administration, and Legal.
A building permit is anticipated for the new Learning/Interpretive Center. Department reviews are assumed to
occur concurrently, taking 4 weeks to complete. Comments from the various City departments will be
incorporated into the 100 percent design package.
The draft 100 percent design/bid documents will need to be resubmitted to the City for final review and approval.
The approved bid documents will be submitted to the SWRCB to secure the construction funding from the SRF
program. The project will be presented to the City Council to obtain authorization to advertise for construction
bids. The design engineering consultant’s agreement should be amended at this time to include services during
construction, such as submittals review, RFIs, change order reviews, and field inspections. Approximately 4
months has been allotted from start of the bid advertisement period to City Council approval of the contractor
with the lowest, qualified bid.
Phases IV and V – Construction and Closeout
The construction phase will begin with the Notice to Proceed shortly after City Council approval of the selected
Contractor. The total construction duration, including commissioning and startup, is estimated to be
approximately 33 months, including 25 weeks to commission and startup of the project. Key assumptions for the
construction activity durations are noted:
•No long-lead items, such as large pumps and variable frequency drives, are required.
•Approval of submittal, and fabrication, factory testing, and delivery of mechanical equipment will take
approximately 20 weeks.
•Approval of submittal, and fabrication, factory testing, and delivery of electrical equipment will take 24 weeks.
•Minimal plant disruptions will occur during construction
•No structural piles or vertical foundation support systems are needed for the new facilities.
Substantial completion can be declared once commissioning has been completed and accepted by the City. At this
major milestone, the City can take beneficial occupancy of the completed upgrades.
Final punchlist activities and walkthroughs will occur during Phase V – Closeout. Once all contract requirements
have been met, the City can declare Final Completion and Acceptance. RWQCB compliance certification and
issuance of a new NPDES permit will occur during project closeout. The SWRCB will visit the site and certify the
project for SRF funding.
Conclusions
The City of San Luis Obispo is embarking on significant upgrades to its WRP to address several issues, including
regulatory compliance, process capacity and inefficiencies, management of peak flows, and aging infrastructure. A
WRP upgrade project schedule has been developed to support NPDES permit discussions with the RWQCB and to
adequately plan facilities that will be capable of complying with more stringent effluent limits, as well as other
necessary upgrades that will keep the WRP running well into the future.
The total project duration from Phase I through Phase V is estimated to just over 7 years. This schedule is
comparable to other projects of similar size and type.
The critical path up to construction is through the planning and design of the WRP upgrades. The CEQA work, SRF
funding, and activities for prequalification of major equipment and contractors parallel the engineering efforts.
Therefore, these activities do not affect the total project schedule duration. Critical path during construction has
been determined to be through the mobilization, demolition, excavation, process structural work, and electrical
installation. All commissioning activities are critical path work.
B1 - 16
ES052913234031SCO/SLO IMPLEMENTATION SCHEDULE DEV WRP UPGRADE PROJECT TM_070213_FINAL
Appendix A Proposed Schedule
B1 - 17
ID
Ta
s
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N
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St
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18
7
8
d
a
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s
Th
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8
/
1
5
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1
3
Mon
1
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2
6
/
2
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1
Ph
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P
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o
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P
l
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32
8
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Th
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1
3
Tu
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1
1
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1
8
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4
2
Ci
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33
d
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1
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Tu
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1
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1
3
3
Pr
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20
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1
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We
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1
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1
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4
Co
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10
d
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Th
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9
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1
2
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1
3
We
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9
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2
5
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1
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3
5
Co
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v
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0
d
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1
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1
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4
6
Pl
a
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n
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C
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P
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50
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Mo
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1
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1
3
7
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20
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Tu
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1
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8
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5
8
Ev
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25
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Tu
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2
9
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1
3
Mo
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1
2
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2
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7
9
Co
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Mo
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1
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Mo
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1
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2
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8
10
Pl
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n
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P
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K
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Mo
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1
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Mo
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11
Sp
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80
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Mo
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4
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4
12
Di
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&
p
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80
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1
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Mo
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4
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22
13
As
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40
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22
14
En
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30
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13
15
Co
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4
16
Pr
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25
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17
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15
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16
18
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20
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17
19
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15
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18
20
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24
5
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21
Da
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22
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15
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23
Da
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24
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26
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23
27
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26
28
Ca
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70
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29
Fl
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20
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30
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29
31
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30
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30
32
In
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33
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34
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35
SC
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36
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37
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38
Ut
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20
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36
,
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39
Ci
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20
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37
40
Ot
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20
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37
41
RW
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15
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9
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6
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39
F
S
+
1
5
d
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42
Fi
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p
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10
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1
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1
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2
7
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41
F
S
+
5
d
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43
Co
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v
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w
10
d
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Tu
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1
0
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B1 - 20
City of San Luis Obispo
879 Morro Street San Luis Obispo CA 93401
Notice Requesting Proposals for
WATER RECLAMATION FACILITY UPGRADE PROJECT
PROGRAM MANAGER, SPECIFICATION No. 91219
The City of San Luis Obispo is requesting sealed proposals for Program Manager Services pursuant to the Water
Reclamation Facility Upgrade Project, Specification No. 91219. All proposals must be received by the Utilities
Department at 879 Morro Street, San Luis Obispo, CA 93401 by 2:00 P.M. on November 13, 2013.
Proposals received after said time will not be considered. To guard against premature opening, each proposal shall
be submitted to the Utilities Department in a sealed envelope plainly marked with the proposal title, specification
number, Consultant name, and time and date of the proposal opening. Proposals shall be submitted using the
forms provided in the specification package.
Specification Package may be obtained by the following:
Download package from the City’s Web site, Bids & Proposals page at: www.slocity.org
Pick up a copy of the RFP at the above address
Mail a request to the City of San Luis Obispo Utilities Department at the above address
Requests must include the RFP title and specification number.
Program detail information may be obtained by contacting David Hix, Utilities Deputy Director, at (805) 781-7039.
B1 - 21
Water Reclamation Facility Upgrades Project, Spec. No. 91219 - RFP for Program Management Services
Page 2 of 22
Specification No. 91219
TABLE OF CONTENTS
DESCRIPTION OF WORK ........................................................................................................................................... 3
GENERAL TERMS AND CONDITIONS ....................................................................................................................... 7
PROPOSAL REQUIREMENTS ................................................................................................................................ 7
CONTRACT AWARD AND EXECUTION ................................................................................................................ 8
PROPOSAL CONTENT AND SELECTION PROCESS ............................................................................................... 9
PROPOSAL CONTENT ........................................................................................................................................... 9
PROPOSAL EVALUATION AND CONSULTANT SELECTION .............................................................................. 9
FORM OF AGREEMENT ............................................................................................................................................ 11
PROPOSAL SUBMITTAL FORMS ............................................................................................................................. 17
ACKNOWLEDGEMENT ......................................................................................................................................... 17
INSURANCE CERTIFICATE .................................................................................................................................. 17
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................................... 18
REFERENCES ....................................................................................................................................................... 19
INSURANCE REQUIREMENTS: Consultant Services .............................................................................................. 21
PROPOSERS LIST ..................................................................................................................................................... 22
B1 - 22
Water Reclamation Facility Upgrades Project, Spec. No. 91219 - RFP for Program Management Services
Page 3 of 22
Section A
DESCRIPTION OF WORK
BACKGROUND
The upgrade of the City’s Water Reclamation Facility (WRF) is in response to an updated National Pollutant
Discharge Elimination System (NPDES) permit being issued by the Central Coast Water Board (CCWB) which will
revise discharge limits. The upgrade will also increase capacity to serve the City’s population at General Plan build
out and replace existing aged facilities which are near or at the end of their service life. The 2011 WRF Master Plan
(Attachment A) provides a high level description of potential upgrades and associated costs, although the final
design is expected to significantly differ from the Master Plan. Study and design of the upgrade is scheduled to
begin in 2014, with construction anticipated in 2016-17.
The revised discharge limits will require new treatment processes as well as changes to current processes at the
WRF to remove nutrients and disinfection by-products before discharging water to San Luis Obispo Creek. The City
may be required to meet these new requirements within 5 years after the issuance of the permit. A technical
memorandum and proposed schedule (Attachment B) for completion of the WRF Upgrade is provided.
The WRF’s current treatment capacity is 5.1 million gallons per day in dry weather and 22 million gallons per day
during wet weather. The WRF supplies recycled water to the community therefore maximizing the quality and
quantity of this resource will be an integral consideration of the project.
WORKSCOPE
The City desires the services of a Program Manager to ensure the successful completion of the WRF upgrade on
time and on budget. They will be accountable to the Director of Utilities for overall program schedule, budget, and
quality. It will be important the upgrade project proceeds in a smooth and integrated manner with City operations, in
accordance with all provisions listed in this RFP.
The City considers a Program Manager and a Project Manager different in that a Program Manager will spend
significant time and effort integrating the various complex activities and projects associated with the upgrade,
communicating to stakeholders, and negotiating plan changes related to the work. There may be a project manager
(or managers) who will be assigned to various projects required by the upgrade, who will report to the Program
Manager. Fundamentally, the Program Manager will be holistically involved with all aspects of the WRF Upgrade
from the preliminary design to project close out and ensure all of these efforts are integrated.
Consultant shall furnish Program Management personnel, including a dedicated person or persons to provide full-
time Program Manager Services as required for this specific project. The Program Manager shall be responsible for
all matters related to this project and shall complete liaison activities among the City, the Contractor, Construction
Management Consultants, and Citizens, such that the impact of the project on regular City operations is minimized.
The WRF Upgrade will be a long term project that has five (5) major phases as follows:
Project Planning
Preliminary Design
Final Design
Construction
Project Close-out
The Program Manager shall be required to have significant experience in large project oversight and
implementation which includes that at a Water Reclamation Facility (WRF) or similar facility. Additionally, while it is
desired that the Program Manager be a licensed Civil Engineer, registered in the State of California, appropriate
professionals in other closely related disciplines will be seriously considered. The Program Manager shall possess
clear and effective verbal and written communication skills and have the interest and ability to work in a team-
oriented, collaborative work environment. They should expect to work closely with and must demonstrate
proficiency in communicating effectively with City operations staff.
B1 - 23
Water Reclamation Facility Upgrades Project, Spec. No. 91219 - RFP for Program Management Services
Page 4 of 22
Resumes of personnel must be submitted to the City for review and approval prior to assignment to the Project.
The City will determine the quality and quantity of services that are required by Consultant personnel. If in the
opinion of the City, an individual lacks adequate experience, the individual may be rejected or may be accepted on
a trial basis until such time the individual's ability to perform the required services has been demonstrated. If at any
time the performance of Consultant personnel is unsatisfactory to the City, the City may release him/her by written
notice and may request another qualified person be assigned.
If Consultant personnel are on leave of absence, the Consultant Firm shall provide approved, equally qualified and
informed replacement personnel until the originally assigned personnel returns to the Project subject to the
approval of the Utilities Director.
Consultant personnel shall be knowledgeable of and comply with all applicable local, state, and federal regulations.
Consultant personnel shall cooperate and consult with City and any permitting agencies during the course of the
Project. Consultant personnel shall perform duties as may be required to assure that project is being completed in
accordance with the project plans and specifications, as an extension of City staff.
Consultant Firm, including its personnel, will not be eligible to submit bids for the project’s Construction
Manager or Construction Contractor.
The Program Manager duties and responsibilities shall include, but are not limited to:
Review, evaluate, and coordinate the planning, preliminary design, final design, and plans and
specifications for the project, and ensure their readiness for advertising for construction. The Program
Manager shall review and make recommendations for revisions that will improve project delivery.
Recommendations may include such things as what restrictions, if any, should be in place for construction
so as not to cause negative impact on processes or staff that would result in violation(s) of the facility’s
NPDES permit, and methods should be used to communicate with affected residents and businesses
during construction.
Engage staff, consultants, and community (where appropriate) in the planning, special studies, preliminary
design, development of design documents, and construction. Facilitate meetings and ensure
communication among all parties.
Gain understanding of the definition of and ensure the WRF Upgrade project fulfills the City’s goals of
compliance, capacity, efficiency, operational flexibility, innovation, community outreach, and sustainability.
Prepare Request for Proposals for the initial environmental study of the project to ensure CEQA
compliance.
Coordinate with City staff on the submittal of the financing application and other required financing
documents to the appropriate entity.
Prepare Request for Proposal for value engineering.
Prepare Request for Proposal for constructability review of final design.
Prepare and coordinate the required documents for pre-qualifying construction contractors.
Assist staff with final authorizations to advertise and contract award.
Prepare Requests for Proposals for support work such as Construction Management (CM) Services.
Review and evaluate CM Proposals then award Construction Management contract with the assistance of
the City.
Review project schedule which includes all notification timelines noted on all permits, agreements, and
contract documents. Upon receipt of Contractor's schedule, evaluate and confer with the City regarding
workability of the schedule or suggest changes that may improve the schedule.
B1 - 24
Water Reclamation Facility Upgrades Project, Spec. No. 91219 - RFP for Program Management Services
Page 5 of 22
Effectively plan, organize, schedule and implement the project.
Monitor all construction to ensure CM services are adequately inspecting the project for compliance with
plans and specifications, in addition to regulatory agency requirements.
Verify construction management records, including record drawings, and maintain appropriate records and
files; prepare comprehensive technical reports and agenda reports related to assignments. Make
presentations to City and private groups as necessary.
Track all Contractor documented concerns, potential claims, and claims and ensure timely response.
Develop appropriate resolutions as possible, in consultation with the City Utilities Deputy Director.
Attend various meetings as a representative of the City, and chair weekly on-site construction meetings
with the Contractor and CM staff.
Perform a variety of computer and tracking support functions.
Coordinate with the Utilities Director, Deputy Director and other City staff and consultants on a variety of
citizen outreach programs. Coordinate with the City on interaction with the news media and respond to
questions relating to the project on an as needed basis. This may include print ads and website
development and/or maintenance to keep the public informed of any activities that may affect their service.
Oversee work of consultants.
Perform studies, research files, records, plans, and maps.
Gather, assemble, analyze, and interpret field data, and prepare reports.
Administer consultant contracts for support services while effectively monitoring costs and deadlines.
Review project construction and assist in maintaining construction documents.
Review and monitor Requests for Information (RFI) from Contractor and Cost Request Bulletins (CRB) from
the City.
Provide supervision of work products of other members of the WRF Upgrade Project program team.
Manage program by acting as lead person, ensuring that all aspects of the upgrade project are addressed
and the project is completed in a professional manner.
Assist in the preparation and administration of budgets for operation.
Track all costs of construction, construction management, and project management, and work with the City
staff on the funding status of the project. Review all change order and extra work expenditures with City
staff.
Process construction related expenses and reimbursements.
Track project construction schedule and provide updates of construction status to the City no less than bi-
weekly.
Work closely with City staff on coordinating work with regulatory agencies and private entities, completing
public relations work as needed or assigned.
Interpret and administer applicable ordinances relating to project requirements. Prepare engineering
reports and legal descriptions.
B1 - 25
Water Reclamation Facility Upgrades Project, Spec. No. 91219 - RFP for Program Management Services
Page 6 of 22
Complete project closeout work, including record drawings, organization of project paperwork, and clear
statements of any outstanding issues and recommended action or position on the issue.
Program Manager must be located full-time near enough to the work site such that an on-site response time of one
hour or less can be accommodated. Planning and preliminary design duration is anticipated to be 15 months
starting in spring of 2014. Design, construction, and project close-out is anticipated to be 4-5 years starting after
planning and preliminary design. Program schedule may be compressed to meet regulatory requirements. PM work
is anticipated to be variable with the PM dedicating the appropriate time deemed sufficient to successfully complete
these duties to the satisfaction of the Utilities Director. Work during and post construction is anticipated to be full-
time.
B1 - 26
Water Reclamation Facility Upgrades Project, Spec. No. 91219 - RFP for Program Management Services
Page 7 of 22
Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all
of the terms, and conditions of this Request for Proposals (RFP) specifications package. By virtue of its
proposal submittal, the Consultant 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 this Request for Proposal
(RFP) package and accompanied by any other required submittals or supplemental materials. Proposal
documents shall be enclosed in an envelope that shall be sealed and addressed to the Utilities Department,
City of San Luis Obispo, 879 Morro Street, San Luis Obispo, CA, 93401. Each proposal submittal shall include
one electronic copy of the proposal, submitted in portable document format (PDF) on CD or flash drive. In order
to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification
number, name of Consultant, and date and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the Consultant’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 F.
4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form
provided in the RFP package.
5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past
government disqualifications on the form provided in the RFP package.
6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the
time specified for the proposal opening, by submitting a written request to the Utilities Director for its
withdrawal, in which event the proposal will be returned to the Consultant unopened. No proposal received after
the time specified or at any place other than that stated in the "Notice Requesting Proposals" will be
considered. All proposals will be opened and declared publicly. Consultants or their representatives are invited
to be present at the opening of the proposals.
7. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file,
or to be interested 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 Consultant submitting a
proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting
a sub-proposal or from quoting prices to other Consultants submitting proposals.
8. 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.
9. Alternative Proposals. When specifically requested, 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 alternatives, and
discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative
proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of
alternatives submitted.
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CONTRACT AWARD AND EXECUTION
10. 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.
11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a
timely manner, all information that the City deems necessary to make such a decision.
12. Contract Requirement. The Consultant to whom award is made (Consultant) shall execute a written contract
with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address
given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these
specifications.
13. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and
amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract
award as a precondition to contract execution.
14. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license and tax
certificate before execution of the contract. Additional information regarding the City's business license and tax
program may be obtained by calling (805) 781-7134.
15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made (Consultant)
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 Consultant's bond or security is required; and an award may be made to
the next highest ranked Consultant with whom a responsible compensation is negotiated, who shall fulfill every
stipulation as if it were the party to whom the first award was made.
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Section C
PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Statement of Past Disqualifications
2. Qualifications
a. Experience of your firm in performing similar services.
b. Experience of the staff to be assigned to the project in performing similar services.
c. Redundancy in the company of staff experienced in this type of work.
d. Resumes of the individuals who would be assigned to this project, including any sub-consultants.
e. Statement and explanation of any instances where your firm has been removed from a project or
disqualified from proposing on a project.
f. Standard hourly billing rates for consultant and sub-consultant staff.
g. Availability and accessibility of staff to the City.
3. Work Program
a. Description of your approach to completing the work.
b. Tentative schedule by phase and task for completing the work.
c. Estimated hours for your staff in performing each major phase of the work, including sub-consultants.
d. Services or data anticipated to be provided by the City.
e. Any other information that would assist us in making this contract award decision.
4. Proposal Length and Copies
a. Proposals should be the minimum length to provide the required information. Charts and other short form
approaches to conveying information are encouraged.
b. Seven (7) printed copies of the proposal must be submitted.
c. One (1) electronic copy in PDF format must be submitted on flash drive, jump drive or CD.
PROPOSAL EVALUATION AND CONSULTANT SELECTION
Proposals will be evaluated by a review committee and contract award process as follows:
5. Written Proposal Review/Finalist Candidate Selection
Proposals will be reviewed by a selection committee and ranked in accordance with the responsiveness,
qualifications and understanding of the Consultant relative to these specification requirements. Where one
proposal is rated consistently higher than the others, the consultant may be selected as the top ranked
consultant for purposes of contract negotiation. Alternatively, a group of finalist candidates (generally the top 3
to 5 five proposers) may be selected for follow-up interviews and presentations, or requests for additional
clarifying information, before a final top ranked consultant is determined.
6. Oral Presentations/Interviews
Finalist candidates will make an oral presentation to the review committee and answer questions about their
proposal, or respond to a written request for additional information within an allotted time. The purpose of this
second phase is two-fold: to clarify and resolve any outstanding questions or issues about the proposal; and, in
the case of presentations, to evaluate the proposer’s ability to clearly and concisely present information orally.
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7. Consultant Selection and Compensation
Finalist candidates will submit proposed compensation costs for the work upon request, including a proposed
payment schedule tied to accomplishing key project milestones or tasks. 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 scope and/or method and amount of compensation. If the City is unable to
come to an agreement on the terms of the contract or the amount of compensation, the City reserves the right
to negotiate with the next highest ranked consultant.
Contract award will be based on a combination of factors that represent the best overall value for completing
the work scope as determined by the City, including: the written proposal criteria described above; results of
background and reference checks; results from the interviews and presentations phase; and proposed
compensation.
8. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award. Schedule is
subject to change:
Issue RFP ........................................................... Oct 19, 2013
Receive proposals .............................................. Nov 13, 2013
Complete proposal evaluation ............................ Nov 27, 2013
Conduct finalist interviews .................................... Dec 4, 2013
Finalize staff recommendation ........................... Dec 16, 2013
Council award of contract ..................................... Jan 7, 2014
Start work no later than ...................................... Feb 10, 2014
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Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.
W I T N E S S E T H
WHEREAS, on [date], requested proposals for Program Manager Services per Water Reclamation Facility
Upgrade Project Program Manager, Specification No. 91219.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said
services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:
1. Term. The term of this Agreement shall be from the date this Agreement is made and entered, as first written
above, until acceptance or completion of said services.
2. Start and Completion of Work. Work on this project shall begin within 14 calendar days after contract
execution and shall be completed 6 months after construction completion.
3. Termination. If, during the term of the contract, the City determines that 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 10 (ten) calendar day notice of time thereafter in which to
perform said work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice,
such shall constitute a breach of the contract and the City may terminate the contract immediately by written
notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations,
responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the
termination thereof.
The City also reserves the right to terminate the contract, providing a 10 (ten) calendar day notice, at any time
upon a determination by the Director that termination of the contract is in the best interest of the City. The City
will issue the Contractor a written notice signed by the Director, specifying that the contract is to be terminated.
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, services
or goods performed or provided by the Consultant shall be based solely on the City's assessment of the value
of the work-in-progress in completing the overall work scope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of the
project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of
costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted in
its proposal.
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If, at any time during the term of the contract, the City determines that the project is not feasible due to funding
shortages or unforeseen circumstances, the City reserves the right to terminate the contract. Consultant will be
paid compensation due and payable to the date of termination.
4. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all
capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work
hereunder in compliance with any and all applicable federal, state, county, city, and special district laws,
ordinances, and regulations.
5. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without
written authorization by the City, except that which is expressly identified in the Consultant’s proposal. Any
substitution of sub-consultants must be approved in writing by the City. For any sub-contract for services in
excess of $25,000, the subcontract shall contain all provisions of this agreement.
6. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract,
or its right, title or interest, or its power to execute such a contract to any individual or business entity of any
kind without the previous written consent of the City.
7. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the
services of the Consultant are being performed in accordance with the requirements and intentions of this
contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval.
The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract
requirements.
8. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations as
well as performance of the contract, the Consultant and sub-consultants shall maintain all books, documents,
papers, accounting records and other evidence pertaining to the performance of the contract, including but not
limited to the cost of administering the contract. Materials shall be made available at their respective offices at
all reasonable times during the contract period and for three years from the date of final payment under the
contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records.
For Federally funded projects, access to records shall also include authorized representatives of the State and
Federal government. Copies shall be furnished if requested.
9. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City
that may have an impact upon the outcome of this contract, or any ensuing City construction project. The
Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any
ensuing City construction project which will follow.
The Consultant covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or
otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The
Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an
interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance
of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an
agent or employee of the City.
10. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not
obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any
City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate
the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract
price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
11. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or
selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or
understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing
business. For breach or violation of this warranty, the City has the right to annul this contract without liability;
pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or
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consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent
fee.
12. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of and shall observe
and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,
regulations and adopted codes during its performance of the work. This includes compliance with prevailing
wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph,
“construction” includes work performed during the design and preconstruction phases of construction, including
but not limited to, inspection and land surveying work.
13. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
14. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges
and fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all
application fees for permits required for the completion of the project including building and regulatory permit
application fees. Consultant will provide a 10 day notice for the City to issue a check.
15. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
16. Public and Employee Safety. Whenever the Consultant'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.
17. 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 the
Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be
replaced or restored to a condition as good as when the Consultant began work.
18. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants engaged for the
performance of this work 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 work
hereunder.
19. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work, the Consultant
agrees that it will not engage in, nor permit such sub-consultants as it may employ, to engage in discrimination
in employment of persons on any basis prohibited by State or Federal law.
20. 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. Consultants 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 Consultant
and all sub-consultants named in its proposal shall bear sole responsibility for proposal preparation errors
resulting from any misstatements or omissions in the 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 specifications will be as determined by law, any patent ambiguity or defect shall
give rise to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall cause any such
ambiguity or defect to be construed against the Consultant. An ambiguity or defect shall be considered patent if
it is of such a nature that the Consultant, 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 Consultant or sub-
consultants to notify City in writing of specification 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 Consultant to achieve the project’s objective or standard beyond the amounts
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provided therefor 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 specifications, or any other matter whatsoever, Consultant shall immediately notify the City in
writing, and the Consultant and all sub-consultants 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 Consultant'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.
21. Indemnification for Professional Liability. To the fullest extent permitted by law, the Consultant shall
indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and
agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and
expenses, including attorney’s fees and cost which arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant.
22. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
23. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
24. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
25. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in
the city and no further agreement will be necessary to transfer ownership to the City. The Consultant shall
furnish the City all necessary copies of data needed to complete the review and approval process.
It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine
readable form, are intended for one-time use in the construction of the project for which this contract has been
entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or
misuse by the City of the machine-readable information and data provided by the Consultant under this
agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with
any use by City of the project documentation on other projects, except such use as may be authorized in writing
by the Consultant.
26. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by
or assembled by the Consultant as part of the work or services under these specifications shall be the property
of City and shall not be made available to any individual or organization by the Consultant without the prior
written approval of the City.
The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding
work performed or to be performed under this contract without prior review of the contents thereof by the City
and receipt of the City’s written permission.
27. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications,
or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the
work or services under these specifications, the Consultant shall provide such additional copies as are
requested, and City shall compensate the Consultant for the costs of duplicating of such copies at the
Consultant's direct expense.
28. Attendance at Meetings And Hearings. As part of the work scope and included in the contract price is
attendance by the Consultant to a number public meetings to present and discuss the project status.
Consultant shall attend as many "working" meetings with staff as necessary in performing work scope tasks.
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29. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work
phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and
miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting detail. The
Consultant shall review all project related billings within 1 week of submittal to the City and make
recommendations for payment.
30. Payment. The Consultant shall be reimbursed for hours worked at the hourly rates attached to this agreement.
Hourly rates include direct salary costs, employee benefits, overhead and fee. In addition, the Consultant shall
be reimbursed for direct costs other than salary and vehicle cost that have been identified and are attached to
this agreement. The Consultant’s personnel shall be reimbursed for per diem expenses at a rate not to exceed
that currently authorized for State employees under State Department of Personnel Administration rules.
Should the Consultant’s designs, drawings or specifications contain errors or deficiencies, the Consultant shall
be required to correct them at no increase in cost to the City.
Progress payments shall be made on a monthly basis as invoiced by the Consultant for expenses incurred with
cumulative monthly payments.
31. 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).
32. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this
contract that is not disposed of by agreement shall be decided by a committee consisting of the City Utilities
Deputy Director and the City Utilities Director, who may consider written or verbal information submitted by the
Consultant. Not later than thirty days after completion of all deliverables necessary to complete the plans,
specifications and estimate, the Consultant may request review by the City Council of unresolved claims or
disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by
agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than 30 days after issuance of the final
audit report, the Consultant may request a review by the City’s Chief Fiscal Officer of unresolved audit issues.
The request for review must be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and
timely performance in accordance with the terms of this contract.
33. Agreement Parties.
City: David Hix, Utilities Deputy Director
City of San Luis Obispo
879 Morro Street
San Luis Obispo, CA 93401
Consultant: X
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or
certified mail addressed as shown above.
34. Incorporation by Reference. City Request for Proposal Specification No. 91219 and Consultant's proposal
dated X, are hereby incorporated in and made a part of this Agreement.
35. Amendments. Any amendment, modification or variation from the terms of this Agreement shall be in writing
and shall be effective only upon approval by the City Engineer.
36. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons
other than the Utilities Deputy Director and the Consultant believes that the work is outside of the scope of the
original contract, the Consultant shall inform the Utilities Deputy Director immediately. If the Utilities Deputy
Director and Consultant both agree that the work is outside of the project scope and is necessary to the
successful completion of the project, then a fee will be established for such work based on Consultant's hourly
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billing rates or a lump sum price agreed upon between the City and the Consultant. Any extra work performed
by Consultant without prior written approval from the Utilities Deputy Director shall be at Consultant's own
expense.
37. 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. For and in consideration of the payments and agreements hereinbefore mentioned to be made and
performed by City, Consultant agrees with City to do everything required by this Agreement, the said
specification and incorporated documents.
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.
CITY OF SAN LUIS OBISPO: CONSULTANT:
Katie Lichtig, City Manager By:
APPROVED AS TO FORM:
Christine Dietrick, City Attorney
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Section E
PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
Has carefully examined Specification No. 91219
Is thoroughly familiar with its content
Is authorized to represent the proposing firm; and
Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant 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 Consultant Representative
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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
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Water Reclamation Facility Upgrades Project, Spec. No. 91219 - RFP for Program Management Services
Page 20 of 22
Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Water Reclamation Facility Upgrades Project, Spec. No. 91219 - RFP for Program Management Services
Page 21 of 22
Section F
INSURANCE REQUIREMENTS: Consultant Services
The 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 the Consultant, its agents, representatives, employees or sub-consultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or
CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to
contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired
or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify the
City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30 days
prior written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of
the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage
required by this clause must also be provided. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work
commences.
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Water Reclamation Facility Upgrades Project, Spec. No. 91219 - RFP for Program Management Services
Page 22 of 22
Section G
PROPOSERS LIST
Program Manager for the WRF Upgrade Project, Specification No. 91219
Including but not limited to:
Amando Garza
Cannon Corp.
1050 Southwood Drive
San Luis Obispo, CA 93401
Andy Wright
IMS, Region Manager
945 Hornblend Street, Suite G
San Diego, CA 92109
Steven Tanaka
Wallace Group
612 Clarion court, Suite B-5
San Luis Obispo, CA 93401
Jennifer Jacobus
ESA, Water Practice Group
626 Wilshire Boulevard, Suite 1100
Los Angeles, CA 90017
Jeffrey Szytel
Water Systems Consulting, Inc.
P.O. Box 4255
San Luis Obispo, CA 93403
Carollo Engineers, Inc.
2700 Ygnacio Valley Road, Suite 300
Walnut Creek, California 94598
John R. Hollenbeck
Hollenbeck Consulting
7343 El Camino Real #195
Atascadero, CA 93422
Black & Veatch
265 East River Park Circle
Suite 210
Fresno, CA 93720
Gino Filippin
Filippin Engineering
P.O. Box 1555
Santa Ynez, CA 93460-1555
HDR
2030 10th Street
Los Osos, CA 93402-3214
Mike Nunley
Michael K. Nunley & Associates
P.O. Box 1604
Arroyo Grande, CA 93421
Tetra Tech
865 Aero Vista Place, Suite 230
San Luis Obispo, CA 93401
Ed Duffy
AECOM
440 Stevens Avenue, Suite 250
Solana Beach, CA 92075
CH2M Hill
222 E. Carrillo Street
Suite 207
Santa Barbara, CA 93101
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AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and WATER
SYSTEMS CONSULTING, INC., hereinafter referred to as Consultant.
W I T N E S S E T H
WHEREAS, on October 19, 2013, the City requested proposals for Program Manager Services per Water
Reclamation Facility Upgrade Project, Specification No. 91219.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said
services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:
1.Term. The term of this Agreement shall be from the date this Agreement is made and entered, as first written
above, until acceptance, completion of said services, or termination of this Agreement. The term of Agreement
is estimated at 5-7 years.
2.Start and Completion of Work. Work on this project shall begin within 14 calendar days after contract
execution and shall work in accordance with project schedule as submitted or resubmitted and approved by the
City.
3.Termination. If, during the term of the contract, the City determines that the Consultant is not faithfully abiding
by any material term or material condition contained herein, the City may notify the Consultant in writing
specifically detailing any such alleged defect or failure to perform. This notice must give the Consultant a 10
(ten) calendar day notice of time thereafter in which to respond to such notice or perform said work or cure the
deficiency.
If the Consultant has not performed the work or cured the material deficiency within the ten days specified in
the notice, such may constitute a breach of the contract and the City may terminate the contract immediately
by written notice to the Consultant to said effect. Thereafter, neither party shall have any further duties,
obligations, responsibilities, or rights under the contract except, however, any and all obligations of the
Consultant's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any
manner waived by the termination thereof but the surety shall retain all its rights, defenses and remedies to the
fullest extent of the law. Notwithstanding anything to the contrary herein, in the event of such termination, any
undisputed payment obligations of the City to Consultant shall become immediately dues and payable.
The City also reserves the right to terminate the contract, providing a 10 (ten) calendar day notice, at any time
upon a determination by the Utilities Director that termination of the contract is in the best interest of the City.
The City will issue the Consultant a written notice signed by the Utilities Director, specifying that the contract is
to be terminated.
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, services
or goods performed or provided by the Consultant shall be based solely on the City's assessment of the value
of the work-in-progress in completing the overall work scope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of the
project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of
costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted in
its proposal if this Agreement is lawfully terminated by the City.
Attachment 2
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If, at any time during the term of the contract, the City determines that the project is not feasible due to funding
shortages or unforeseen circumstances, the City reserves the right to terminate the contract. Consultant will be
paid compensation due and payable to the date of termination.
4. Ability to Perform. The Consultant represents to the best of its knowledge that it possesses, or has arranged
through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and
complete the work hereunder in compliance with any and all applicable federal, state, county, city, and special
district laws, ordinances, and regulations.
5. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without
written authorization by the City, except that which is expressly identified in the Consultant’s proposal. Any
substitution of sub-consultants must be approved in writing by the City. For any sub-contract for services in
excess of $25,000, the subcontract shall contain all provisions of this agreement.
6. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract,
or its right, title or interest, or its power to execute such a contract to any individual or business entity of any
kind without the previous written consent of the City.
7. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the
services of the Consultant are being performed in accordance with the requirements and intentions of this
contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval.
The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract
requirements.
8. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations as
well as performance of the contract, the Consultant and sub-consultants shall maintain all books, documents,
papers, accounting records and other evidence pertaining to the performance of the contract, including but not
limited to the cost of administering the contract. Materials shall be made available at their respective offices at
all reasonable times during the contract period and for three years from the date of final payment under the
contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records.
For Federally funded projects, access to records shall also include authorized representatives of the State and
Federal government. Copies shall be furnished if requested.
9. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City
that may have an impact upon the outcome of this contract, or any ensuing City construction project. The
Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any
ensuing City construction project which will follow.
The Consultant covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or
otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The
Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an
interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance
of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an
agent or employee of the City.
10. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant represents to the best of its
knowledge that this contract was not obtained or secured through rebates, kickbacks or other unlawful
consideration, either promised or paid to any City employee. For breach or violation of the warranty, the City
shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the
work actually performed; to deduct from the contract price; or otherwise recover the full amount of such rebate,
kickback or other unlawful consideration.
11. Covenant Against Contingent Fees. The Consultant represents to the best of its knowledge by execution of
this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract
upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting
bona fide employees or bona fide established commercial or selling agencies maintained by the Consultant for
the purpose of securing business. For breach or violation of this warranty, the City has the right to annul this
contract without liability; pay only for the value of the work actually performed, or in its discretion, to deduct from
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the contract price or consideration, or otherwise recover the full amount of such commission, percentage,
brokerage, or contingent fee.
12. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of and shall observe
and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,
regulations and adopted codes during its performance of the work. This includes compliance with prevailing
wage rates and their payment in accordance with California Labor Code.
13. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
14. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges
and fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all
application fees for permits required for the completion of the project including building and regulatory permit
application fees. Consultant will provide a 10 day notice for the City to issue a check.
15. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
16. Public and Employee Safety. Whenever the Consultant'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.
17. 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 the
Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be
replaced or restored to a condition as good as when the Consultant began work.
18. Immigration Act of 1986. The Consultant represents to the best of its knowledge on behalf of itself and all
sub-consultants engaged for the performance of this work 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 work hereunder.
19. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work, the Consultant
agrees that it will not engage in, nor permit such sub-consultants as it may employ, to engage in discrimination
in employment of persons on any basis prohibited by State or Federal law.
20. Accuracy of Specifications. In preparing its proposal, the Consultant and all sub-consultants named in its
proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or
omissions in the 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 specifications
will be as determined by law, any patent ambiguity or defect shall give rise to a duty of Consultant to inquire
prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed
against the Consultant. An ambiguity or defect shall be considered patent if it is of such a nature that the
Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have known of the
existence of the ambiguity or defect.
To the extent that these specifications constitute performance specifications, the City shall not be liable for
costs incurred by the successful Consultant to achieve the project’s objective or standard beyond the amounts
provided therefor 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 specifications, or any other matter whatsoever, Consultant shall immediately notify the City in
writing, and the Consultant and all sub-consultants 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 ten (10) working day of Consultant'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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21. Indemnification for Professional Liability. To the fullest extent permitted by law, the Consultant shall
indemnify, and hold harmless the City and any and all of its officials, employees and agents
(“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses,
including attorney’s fees and cost, to the extent caused by the negligence, recklessness, or willful
misconduct of the Consultant.
22. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
23. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
24. Consultant Endorsement. All engineering documents produced by the Consultant are required to be signed
and stamped by the Consultant.
25. Required Deliverable Products and Revisions. Any documents prepared by the Consultant during the
course of work shall be compatible with Microsoft Office programs, Adobe Acrobat and AutoCAD.
26. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in
the City and no further agreement will be necessary to transfer ownership to the City. The Consultant shall
furnish the City all necessary copies of data needed to complete the review and approval process.
It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine
readable form, are intended for one-time use in the construction of the project for which this contract has been
entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or
misuse by the City of the machine-readable information and data provided by the Consultant under this
agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with
any use by City of the project documentation on other projects, except such use as may be authorized in writing
by the Consultant.
27. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by
or assembled by the Consultant as part of the work or services under these specifications shall be the property
of City and shall not be made available to any individual or organization by the Consultant without the prior
written approval of the City.
The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding
work performed or to be performed under this contract without prior review of the contents thereof by the City
and receipt of the City’s written permission.
28. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications,
or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the
work or services under these specifications, the Consultant shall provide such additional copies as are
requested, and City shall compensate the Consultant for the costs of duplicating of such copies at the
Consultant's direct expense.
29. Attendance at Meetings And Hearings. As part of the work scope and included in the contract price is
attendance by the Consultant to a number of public meetings to present and discuss the project status.
Consultant shall attend as many "working" meetings with staff as necessary in performing work scope tasks.
30. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work
phase. Invoice must include a breakdown of hours billed and miscellaneous charges and any sub-consultant
invoices, similarly broken down, as supporting detail.
31. Payment. The Consultant shall be reimbursed for hours worked at the hourly rates attached to this agreement.
Hourly rates include direct salary costs, employee benefits, overhead and fee. In addition, the Consultant shall
be reimbursed for direct costs other than salary and vehicle costs that have been identified and are attached to
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this agreement. The Consultant’s personnel shall be reimbursed for per diem expenses at a rate not to exceed
that currently authorized for State employees under State Department of Personnel Administration rules.
Should the Consultant’s documentation, designs, drawings or specifications contain errors or deficiencies, the
Consultant shall be required to correct them at no increase in cost to the City.
Progress payments shall be made on a monthly basis as invoiced by the Consultant for expenses incurred with
cumulative monthly payments. Consultant shall be reimbursed on a time and materials with a cost not to
exceed authorized project phase cost as identified in consultant’s proposal dated December 30, 2013 without
prior written direction from the City.
32. 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).
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment made to the
Consultant by the City.
33. Resolution of Disputes. As a condition precedent to litigation, any dispute, other than audit, concerning a
question of fact arising under this contract that is not disposed of by agreement shall first be decided by a
committee consisting of the City Utilities Deputy Director and the City Utilities Director, who may consider
written or verbal information submitted by the Consultant. Not later than thirty days after completion of all
deliverables, the Consultant may request review by the City Council of unresolved claims or disputes, other
than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code.
As a condition precedent to litigation, any dispute concerning a question of fact arising under an audit of this
contract that is not disposed of by agreement, shall first be reviewed by the City’s Chief Fiscal Officer. Not later
than 30 days after issuance of the final audit report, the Consultant may request a review by the City’s Chief
Fiscal Officer of unresolved audit issues. The request for review must be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and
timely performance in accordance with the terms of this contract.
34. Agreement Parties.
City: Carrie Mattingly, Utilities Director
City of San Luis Obispo
879 Morro Street
San Luis Obispo, CA 93401
Consultant: Water Systems Consulting, Inc.
P.O. Box 4255
San Luis Obispo, CA 93403
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or
certified mail addressed as shown above.
35. Incorporation by Reference. City Request for Proposal Specification No. 91219 and Consultant's proposal
dated December 30, 2013 are hereby incorporated in and made a part of this Agreement.
36. Amendments. Any amendment, modification or variation from the terms of this Agreement shall be in writing
and shall be effective only upon approval by the Utilities Director.
37. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons
other than the Utilities Director and the Consultant believes that the work is outside of the scope of the original
contract, the Consultant shall inform the Utilities Director immediately. If the Utilities Director and Consultant
both agree that the work is outside of the project scope and is necessary to the successful completion of the
project, then a fee will be established for such work based on Consultant's hourly billing rates or a lump sum
price agreed upon between the City and the Consultant. Any extra work performed by Consultant without prior
written approval from the Utilities Director shall be at Consultant's own expense.
38. 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
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hereto. For and in consideration of the payments and agreements hereinbefore mentioned to be made and
performed by City, Consultant agrees with City to do everything required by this Agreement, the said
specification and incorporated documents.
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.
CITY OF SAN LUIS OBISPO: CONSULTANT:
Katie Lichtig, City Manager By: Jeffery Szytel, Water Systems Consulting, Inc.
APPROVED AS TO FORM:
Christine Dietrick, City Attorney
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