HomeMy WebLinkAboutItem 12 - WRRF CM RFP Spec No. 91363CMCity of San
Request for Proposals for
Construction Management and
Inspection Services for
the City of San Luis Obispo
Water Resource Recovery Facility
Project
The City of San Luis Obispo is requesting sealed proposals for construction management and inspection
services of the Water Resource Recovery Facility Project pursuant to Specification No 91363CM.
All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be
required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app-
web/vendor/register/Login.xhtml); firms not registered with BidSync will not be considered for this RFP.
All proposals must be submitted in person or sent via courier or U.S. mail (other means of transmission,
including facsimile and email, will not be accepted) in a sealed envelope and clearly marked
“CONFIDENTIAL” by 2:00 PM, pacific standard time, on June 28, 2018 as follows:
City of San Luis Obispo, Public Works Department
919 Palm Street
San Luis Obispo, CA 93401
Attention: David Hix
CONFIDENTIAL – Proposal for Construction Management and Inspection Services for the City of
San Luis Obispo Water Resource Recovery Facility.
A non-mandatory pre-proposal conference will be held at the City’s Corporation Yard, 25 Prado Road, San
Luis Obispo on June 6, 2018 at 10 AM to answer any questions that the proposers may have regarding
this RFP. Specification packages and additional information may be obtained at the City’s BidSync website
at www.BidSync.com. General project related questions uploaded on BidSync need to be addressed to
David Hix, Utilities Department Deputy Director of Wastewater, which will be answered per the schedule
outlined in the RFP.
RFP Release Date: Saturday, May 19, 2018
Proposals Due: Thursday, June 28, 2018
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Table of Contents
SECTION A...................................................................................................................................4
1.0 DESCRIPTION OF WORK.................................................................................................4
1.1 BACKGROUND ..................................................................................................................4
1.2 PROJECT DESCRIPTION..................................................................................................5
1.3 TENTATIVE PROJECT SCHEDULE..................................................................................6
2.0 GENERAL REQUIREMENTS ............................................................................................7
2.1 SCOPE OF WORK .............................................................................................................9
3.0 PROPOSAL FORMAT......................................................................................................15
3.1 PART ONE – TECHNICAL PROPOSAL...........................................................................15
3.2 PART TWO – FEE PROPOSAL .......................................................................................17
4.0 SERVICES PROVIDED BY CITY.....................................................................................18
5.0 CITY CONTACTS.............................................................................................................19
6.0 MINIMUM QUALIFICATIONS ..........................................................................................19
7.0 SELECTION PROCESS...................................................................................................20
8.0 SELECTION CRITERIA ...................................................................................................21
SECTION B GENERAL TERMS AND CONDITIONS ............................................................22
SECTION C SPECIAL TERMS AND CONDITIONS ..............................................................27
SECTION D FORM OF AGREEMENT...................................................................................30
SECTION E INSURANCE REQUIREMENTS........................................................................32
SECTION F PROPOSAL FORMS .........................................................................................34
1.0 SIGNATURE OF AUTHORIZED REPRESENTATIVE.....................................................34
2.0 REFERENCES.................................................................................................................35
3.0 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS .........................................36
SECTION G APPENDICES....................................................................................................37
APPENDIX 1: LOCATION MAP...........................................................................................37
APPENDIX 2: SITE PLAN....................................................................................................38
APPENDIX 3: PHASING MAP.............................................................................................39
APPENDIX 4: WRRF EIR, MITIGATION MONITORING AND REPORTING PLAN ...........40
APPENDIX 5: PROGRAM CHARTER.................................................................................73
City of San
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Spec. No. 91363 CM, RFP for Construction Management Services
SECTION A
1.0 DESCRIPTION OF WORK
The City of San Luis Obispo (City) is seeking proposals from qualified firms interested in providing
Construction Management and Inspection Services for the Water Resource Recovery Facility (WRRF)
project as described in this Request for Proposal (RFP). The Construction Management Team (CM Team)
shall assist in the advertisement, award, and administration of the construction contract for the project.
The City is requesting that a fixed fee proposal be provided. Qualified firms that submit a proposal will be
evaluated in accordance with the requirements defined within this RFP. Upon successful negotiations with
the City, the selected CM Team will provide Construction Management and Inspection Services for the
project per the tentative schedule described in this RFP.
The services required of the CM Team shall be performed in collaboration with the City staff, the City’s
Program Manager, and the Design Engineer. The City intends to separately retain the services of its Design
Engineer, Jacobs, and the City Program Manager, Water Systems Consulting (WSC). The Design
Engineer will perform engineering services during construction such as responding to RFI’s, design
modifications, and as-built drawings, while City Program Manager will assist the City with critical project
oversight to meet the project’s objective.
The City is currently going through a pre-qualification process that establishes minimum experience
requirements for contractors and their key personnel. This pre-qualification process is for general
contractors, electrical subcontractors, and control systems integration subcontractors. Only contractors
with experienced staff, and a proven track record of successfully building projects of similar size and
complexity as the WRRF Project, will be pre-qualified to submit bids. The City will select the lowest
responsive and responsible contractor to perform all work listed in the bid documents, which will require
the Construction Manager to manage and track the performance of the work to meet the project’s
objectives and timelines.
The Water Resource Recovery Facility Project Program Charter adopted in February of 2015 is an
important document that provides the framework for all team members to meet the project objectives and
the vision for the community (see Appendix 5). The Charter is designed to serve as a guiding document
for everyone and all related work throughout the project. As a representation of every individual’s vested
interest and commitment, the project the Program Charter was signed by numerous project stakeholders
including members of the City Council and the City Manager.
1.1 BACKGROUND
The City owns and operates the Water Resource Recovery Facility (WRRF) located at 35 Prado Road in
San Luis Obispo, California (see Location Map in Appendix 1). The WRRF treats municipal wastewater
collected from the City, California Polytechnic State University (Cal Poly), and San Luis Obispo County
Airport under Waste Discharge Requirements (WDR) R3-2014-0033 and National Pollutant Discharge
Elimination System (NPDES) Permit No. CA0049224. The WRRF is rated for 5.1 million gallons per day
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(mgd) for average dry weather flow (ADWF) and currently treats an average of 3.5 mgd ADWF. After
treatment, the water is recycled and/or discharged to San Luis Obispo Creek.
The WRRF was originally constructed in 1924 and upgraded or expanded in 1942, 1962, 1980, and 1994
with water reuse facilities added in 2006. In 2015 a partnership with Pacific Gas and Electric (PG&E) was
formed to incorporate energy efficiency projects, referred to as the WRRF Energy Efficiency Project, also
referred to as Sustainable Solutions Turnkey (SST). The SST project included improvements to the
cogeneration system, headworks, primary sludge pumps, solids dewatering, filter towers, aeration, outdoor
lighting, and the supervisory control and data acquisition (SCADA) system.
The City Council adopted Resolution 10740 (2016 Series) certifying the environmental impact report (EIR)
for the WRRF Project (SCH #2015101044) on August 16, 2016. The EIR’s Mitigation Monitoring and
Reporting Program (MMRP) is included in Appendix 4.
1.2 PROJECT DESCRIPTION
The specific elements of the WRRF Project (Project) are shown on the Site Plan in Appendix 2 and
include construction of the following:
1. New Water Resource Center (WRC), an additive alternate bid item, that consists of three
elements:
a. Interpretive Center, Training Room and Water Quality Laboratory,
b. Warehouse and Maintenance shops, and
c. Offices, training rooms, locker rooms, lunch rooms, and control rooms.
2. Expanded equalization (EQ) basin capacity
3. Upgrades and improvements to the headworks facility, including new flow metering
4. Upgrades and new equipment in the primary clarifiers
5. New 2-mm fine screen facility
6. Upgrades to the existing bioreactor facility and the addition of three new bioreactors
including a new bioreactor effluent pump station
7. New membrane facility including a new building to house all of the membrane equipment,
new membrane tanks including a new gravity RAS pipe back to the bioreactor basins
8. New ultraviolet (UV) disinfection facility
9. New cooling tower facility for effluent cooling
10. New WAS (waste activated sludge) and primary sludge blended sludge tank
11. New sludge thickening facility
12. New sludge digestion tank and conversion of an existing digester to a new digested sludge
storage tank
13. Site odor control facilities
14. Additional site improvements including an improved fire protection system, site security,
stormwater facilities, yard piping, additional site landscaping and frontage improvements
and improved entrance off Prado Road.
A key driver of the Project is the City’s National Pollutant Discharge Elimination System (NPDES) permit
that went into effect December 1, 2014. This permit includes discharge limitations necessitating
significant process upgrades to the existing facility. Specifically, the permit includes disinfection byproduct
limits which require a new disinfection technology, as well as nitrate limits which require a significant
upgrade to the WRRF’s secondary treatment processes. A Time Schedule Order (TSO) was adopted in
September 2014 which requires the City to achieve the new disinfection byproduct and nitrate limits by
November 30, 2019. Construction of critical processes to meet the TSO requirements will be sequenced
in the following phases:
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Phase 1 of the sequencing is the WRC, primary effluent screens, new membrane bio-reactor
(MBR), UV systems, DAFT to blend tank, thickening facility, vactor facility, new digester/building
and effluent cooling,
Phase 2 is the existing aeration basins to MBRs, EQ pond, existing digester and digester to
storage facility.
Phase 3 is odor control and dewatering; see Phasing Map in Appendix 3.
The Project also includes expansion of the secondary and tertiary treatment capacity to handle 13.2 mgd
maximum wet weather events utilizing equalized flow. Upgrades will increase ADWF to 5.4 MGD to treat
future flows and loadings, replace aging equipment, maximize the production of recycled water, and add
facilities that serve as an asset to the people and community of San Luis Obispo.
The City is financing the project construction through the State of California’s Clean Water Revolving Fund
Loan program (SRF). While not anticipating, any delays in finalizing the construction funding will result in
the City delaying the start of construction.
1.3 TENTATIVE PROJECT SCHEDULE
As shown in the Preliminary Project Schedule below, the City’s design team has completed 60 percent
design with completion of the Project’s 100 percent construction documents planned in 2018. Project
construction is estimated to take 36 months with an estimated construction cost ranging between $70 to
$109 million. Construction activities are expected to start in January 2019. The deadline for most of the
proposed upgrades that are required to meet the TSO issued by the SWRCB is November 30, 2019. Other
upgrades that will address capacity, condition, and other facility needs are planned to be completed as
part of this project by October 2021. Because the WRRF must continue operating during upgrades, not all
demolition and upgrades can occur concurrently.
The following tentative schedule has been prepared for this RFP, but it is expected the selected
Construction Manager will provide a detailed work approach, and establish a final work schedule for
completing all tasks.
Refer to Section C for details related to RFP award schedule.
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2.0 GENERAL REQUIREMENTS
The City intends to hire a CM Team for a term not to exceed 42 months, with additional renewable terms
to be negotiated consistent with the terms described in Section C.
All proposals submitted to the City for consideration and all work products subsequently produced by the
CM Team shall be the property of the City. Information, excluding Proposer’s financial information,
contained therein shall become public documents subject to the Public Records Act.
All non-accepted Fee Proposals will be destroyed after each responding firm has been notified that their
proposal is no longer under consideration.
Only one (1) final proposal is to be submitted by each Proposer. Multiple proposals will result in rejection
of all proposals submitted by the Proposer.
In addition to performing all tasks described in Section 2.1 below, the CM Team shall, at a minimum,
perform or make provisions for the following General Requirements as directed by the City:
1. The project includes funding from the Clean Water State Revolving Fund (CWSRF) and the
Construction Management Services may be funded from this source. If the City receives CWSRF
funds and the funds are used for Construction Management Services, the CM Team will be required
to comply with all applicable State and Federal requirements associated with any grants or loans
obtained from these sources, including compliance with prevailing wage rules.
2. CM Team shall identify one lead individual to act as the Construction Manager throughout the
period of the contract to coordinate the work tasks, manage the contract, ensure quality and
timeliness of work products, and be the principal contact for the City.
3. Construction Manager shall assemble multi-disciplinary team of Sub-Consultants that consists of
personnel with civil, structural, mechanical, electrical, inspection, environmental, instrumentation
and controls expertise.
4. Sub-Consultant Managers under direct contract with the Construction Manager may furnish
required tasks that cannot be furnished by the Construction Manager’s in-house personnel. All such
Sub-Consultant Managers shall be identified in the proposal. The Construction Manager shall only
assign personnel and Sub-Consultant Managers whose qualifications and experience are
commensurate with the expertise required to accomplish the assigned tasks.
5. The CM Team shall assist City staff to oversee the construction activities and be responsible for all
construction management services outlined in this RFP and will also coordinate with the Design
Engineer for construction activities requiring input from the Design Engineer.
6. The City, through the General Contractor, will provide to the CM Team furnished and equipped field
offices located on the project site for the duration of the construction period. The offices are to
include the furniture, telephones, printers, electricity, toilet, and janitorial service. The General
Contractor will maintain all furnished office space and equipment in good working condition for the
duration of the project. The field offices will be removed at the end of the construction period by the
General Contractor.
7. The CM Team shall furnish its field staff with office supplies, computers, tools, inspection gear,
cameras, paper, and any other items as required to provide suitable facilities and to perform the
tasks of the project. The CM Team shall promptly remove all Construction Manager-furnished
materials and furniture at the end of the contract.
8. The CM Team shall provide its employees with all required safety equipment to conform to the
safety programs while on the construction jobsite.
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9. The CM Team is expected to provide local office facilities to perform administrative preconstruction
and project closeout duties, before and after the field office is provided.
10. The CM Team shall provide its own field vehicles, and be responsible for the fuel, maintenance,
insurance, and other incidentals associated with such vehicles.
11. CM Team, in consultation with the City, will establish a final work schedule for completing all tasks.
12. Construction Manager shall attend project meetings at City facilities or at the project site(s), as
described herein, and with any effected regulatory or utility agencies, and provide construction
management and coordination as required for completion of the scope of work.
13. Construction Manager shall report to the City Program Manager, regarding any questions,
concerns, or problems that may arise during the performance of these services.
14. Construction Manager will periodically be asked to provide briefings and answer questions.
15. Construction Manager shall be knowledgeable of all applicable health and safety regulations,
California OSHA requirements and shall be responsible to integrate such requirements into their
policies and procedures in completing the scope of work.
16. Construction Manager services shall be in compliance with local, county, state, and federal
procedures, policies, laws, and ordinances applicable to the work.
17. Construction Manager shall obtain and maintain key specification referenced standards including:
local and regional specifications, codes, standards, publications, regulations, applicable permitting
criteria from local, state, and federal agencies, standard drawings and specifications of the local
agencies, and related documents as referenced in the contract documents and as required to
perform the work. The Construction Manager shall make such documents available for review by
the contractors, the City, and other interested parties. Purchased codes and standards shall
become property of the City at the end of the construction period.
18. Construction Manager shall be responsible for obtaining all needed information necessary for
completion of the proposed work.
19. Construction Manager shall provide evidence of insurance coverage, issued by an admitted
California insurer, legally licensed and qualified to conduct business in the State of California, as
described in the Sample Professional Service Agreement included as Section E and F.
20. All submittals and deliverables processed by the Construction Manager shall be provided both as
a hard copy and electronically to the City at the end of the construction period.
21. Construction Manager shall establish and maintain information systems compatible with the City’s
standard system requirements. The City will use the Procore’s construction management software
for the WRRF project.
22. Construction Manager shall maintain all project records, notes, computations, correspondence, and
all other pertinent related files and information, prepared or obtained by CM Team in conjunction
with services provided to the City. Construction Manager shall, if requested by the City, provide
copies of and access to any documents, books, papers, and records to make an audit, examination,
excerpts, and transcriptions. Construction Manager shall provide same without charge and without
restriction or limitation on their use. All originals, including electronic and hard copy mediums, shall
always be considered property of the City.
23. Construction Manager shall submit itemized monthly invoices for all services performed during the
month in a format approved and accepted by the City. Invoices shall normally be submitted once
per month and no later than the fifth day of the month following the work for services performed
during the previous month, or in accordance with other arrangements mutually agreed upon in
writing by the City and the Construction Manager.
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24. The City shall promptly pay the Construction Manager for the work performed, but in no case shall
pay more than forty-five (45) days after having received an invoice. In the case of a dispute, the
undisputed portion of the invoice shall be paid within forty-five (45) days.
2.1 SCOPE OF WORK
The Construction Manager shall ensure the tasks outlined herein are performed by themselves or their
sub-consultants. The requirements described in this section are neither limited nor comprehensive in
nature but are the minimum necessary to meet the City’s objectives. Where a reference is made for an
action to be executed by the City, the City shall reserve the right to delegate authority to the City Program
Manager.
Detailed work procedures are not included in the Scope of Work. The Construction Manager must exercise
independent, professional judgment in performance of any services listed herein. The methodology by
which the work will be accomplished shall be presented in the proposal. The Construction Manager is
expected to expand the scope of work in its proposal by incorporating specific areas of expertise. The
Construction Manager’s proposal may include additional work, shown separately in the fee proposal as
alternates if, in the Construction Manager’s professional opinion, such requirements are reasonable and
necessary to meet the intent of this RFP.
The City is interested in selecting a CM Team that demonstrates the best understanding and initiative in
providing the services described. The CM Team shall, at a minimum, perform or make provisions for the
following tasks:
Task No. 1 – Bidding Phase Services:
The Design Engineer is the primary party responsible for providing technical assistance during the bidding
phase except for Contractor Selection Assistance. The Construction Manager is responsible for supporting
the construction bidding process and shall perform the following tasks during the bidding phase for the
construction contract:
1.Review Bid Documents: Review construction bid documents for constructability and operability,
identify any necessary changes to the Bid Documents to avoid potential conflicts during the
construction.
2.Attend the Pre-Bid Conference: Attend the pre-bid conference and assist in answering any
questions from proposers on Division 00 and 01 in the Bid Documents.
3.Addenda to Bid Documents: Review addenda, prepared by Design Engineer, and all
correspondence as needed to address issues identified during the bid process. Prepare addenda
items specific to Division 00 and 01 in the Bid Documents.
4.Contractor Selection Assistance: Assist the City in evaluating bids on the construction project
and recommending award. Construction Manager will prepare a Bid Tabulation, and submit a report
with recommendations.
5.Bid Alternate Selection Assistance: Assist the City and the Design Engineer in evaluating bid
alternates and recommending selection.
6.Conformed Contract Document Review: Review conformed contract documents prepared by
Design Engineer and provide comments to Design Engineer to incorporate.
Task No. 2 – Project Management:
The CM Team is responsible for providing a Construction Manager (CM) that will be responsible for the
following general tasks and services. The CM shall ensure appropriate staff, including Resident Engineers
and Field Inspectors, are available to perform the services indicated herein. The CM is responsible for
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maintaining ongoing interaction and communication with the City, the City Program Manager, the General
Contractor, and the Design Engineer.
Task 2.1 – Construction Management Plan
Construction Manager shall prepare a Construction Management Plan (CMP), which shall include at a
minimum the following items:
1.Organizational Structure: Provide the Construction Manager’s project organization, individual
assignments, duties and responsibilities, phone numbers, lines of authority, and methods for
interfacing with the City, the General Contractor, City Program Manager, and the Design Engineer.
2.Project Control System: Establish document control systems and procedures for documenting
communications and correspondence using Procore. Provide new forms and utilize standard forms
included in the specifications that the Construction Manager and General Contractor will be using
to transmit and formalize all Requests for Information (RFI), clarifications, submittals, inspector’s
daily reports, progress payments, and other official project documents.
3.Meeting and Occurrence Procedures: Establish schedules, notices, agendas, meetings,
reporting procedures, documentation requirements, and acceptance processes in a timely manner.
4.Quality Control and Quality Assurance: Establish procedures, laboratory testing, coordination
checks and construction inspections activities.
5.Contract Compliance Procedures: Describe procedures for expediting and processing submittal
reviews, clarifications, change orders, and contract close out activities.
6. Submit a draft CMP to the City within twenty-one (21) days from the Construction Manager’s notice
to proceed (NTP) for review and approval by the City.
7. Construction Manager shall incorporate the City’s comments and revise the CMP within five (5)
days from receipt of the comments.
Task 2.2 – Project Meetings
Construction Manager shall prepare agenda and other meeting documentation (i.e., submittal log, RFI log,
decisions log, etc.), conduct, and prepare/distribute meeting minutes for the subsequent project meeting
related to:
1.Kickoff Meeting: Assume a maximum two (2) hour kickoff meeting to be held at the construction
trailers, Corporation Yard, or other city facility.
2.Pre-Construction Conference: Construction Manager shall schedule and notify appropriate
parties, and conduct the Pre-construction Conference with the General Contractor. The meeting
shall cover the overall project objectives, responsibilities of key personnel and agencies, schedules,
schedule of values (bid breakdown), procedures for handling submittals, correspondence, local
agency permit requirements, requests for clarification, progress payments, change orders and
other pertinent topics. Provide opportunities to have the Contractor’s questions answered. The
meeting shall emphasize the project’s philosophy of teamwork and cooperation as goals to achieve
a safely constructed project, built on schedule and in accordance with all quality requirements. The
Construction Manager will be responsible for preparing comprehensive meeting minutes.
3.Weekly Progress Meetings: Construction Manager is assumed to be present and meet with City
staff for the duration of the project at the construction site. The purpose of the weekly meeting is to
review the contract status and issues, construction status and issues, schedules, status of
Requests for Information (RFIs), change order proposals, submittals and other documentation, and
any other issues that need to be resolved.
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4.Monthly Progress Meetings: Assume a one (1) hour meeting each month for duration of project
to be held at the construction site. The purpose of the monthly progress meeting is similar to the
weekly progress meetings but with a broader attendance, including the Design Engineer.
5. Participate in partnering meetings with the contractor, designer, City, City Program Manager, and
other key staff in accordance with the provisions in the project specifications.
Task 2.3 – Progress Reporting
1.Construction Progress Report: A monthly progress report shall be prepared and submitted to
the City and shall include the following elements:
a. A summary of the prior month’s main accomplishments and current construction activities.
b. Overall contractor’s conformance to contract schedule and quality requirements.
c. Identification of key problems, action items, and issues along with recommendation for
solutions.
d. Summary of progress payments, change orders, disputes, submittals, RFI’s, and notices of
noncompliance.
e. Photographs of representative project activities.
2.Construction Schedule: Review, analyze, and comment on the General Contractor’s initial
construction schedule along with all the monthly updates submitted by the General Contractor. The
Construction Manager should closely monitor the General Contractor’s activities and make sure
that the field activities and the duration of those activities match the information presented in the
construction schedule. Any deviations should be incorporated into the General Contractor’s
subsequent monthly update. The construction schedule must include a three-week look ahead, or
other written and mutually agreed timeframe, of upcoming activities such that City personnel can
provide input on the proposed schedule.
3.Cost Control System: Establish a cost control system for monitoring and updating the status of
the project costs and budget throughout the project. The cost control system shall be computerized
and shall integrate cost and schedule. Report no less than once per month on the status of the
project cost and budget. The Construction Manager shall coordinate with the City on any variances
of the actual cost and budget.
Task 2.4 – Project Correspondence
Construction Manager shall document all relevant project communications and promptly distribute to the
City and applicable parties using Procore. Accurate records and documentation must be maintained and
updated by the Construction Manager. All original project documents and final project reports shall be
furnished to the City within sixty (60) calendar days following filing of the Notice of Completion. These
documents and reports shall also be furnished in electronic format on flash drives.
Construction Manager shall maintain field memoranda, transmittals, updated schedules, logs of shop
drawings and other submittals, logs of RFIs, change orders, progress payment requests, progress meeting
reports, daily inspection reports and all other project correspondence.
Task 2.5 – Web-Based Document Control System
Construction Manager shall utilize the project’s construction management system Procore, and at a
minimum, incorporate the following type of information:
1. Project Calendar (Interactive)
2. Document Management:
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a. Correspondence format that allows the quick generation, recording, and printing of letters
to any contact at any company in the database.
b. Daily Reports that allow project members to enter information directly from the remote site.
Daily reports track construction activities, equipment, field labor, material deliveries, site
visitors, safety issues and weather.
c. RFI’s can be entered into the system by users and tracked through an approval/response
process.
d. Transmittal forms shall be customized for the project in a manner acceptable to the City.
e. Project meeting notes shall be stored in the system and shall have the ability to be sent
electronically to project members.
f. Submittals shall have the ability to be transmitted electronically between project members
and tracked in a log.
g. Drawings shall be stored or uploaded so the most current versions are accessible.
Drawings shall be able to be attached for distribution and viewing as well as non-destructive
markup using a browser.
h. Photos and scanned images from a variety of sources can be displayed on the photo pages
or in the reports.
i. Punch lists shall be created to allow tracking, sorting, and displaying all punch list items in
each project.
Task No. 3 – Construction Contract Administration:
The Construction Manager shall perform the following construction contract administration activities
through the City:
Task 3.1 – Submittals and Requests for Information (RFI’s)
1. Construction Manager shall receive and create a log for all Contractor RFI’s and submittals.
Construction Manager shall review and respond to RFI’s and submittals involving Divisions 0 and
1 in the construction documents and other general items encountered in the field. For the RFI’s
and submittals associated with Divisions 2 through 49 shall immediately be transmitted to the
Design Engineer. The Construction Manager shall then monitor the Design Engineer review time
to ensure it does not exceed the contractual time limits. The Construction Manager shall review
the response from the Design Engineer and transmit the information to the General Contractor.
2. Construction Manager shall implement a program to ensure the contractor will provide concise
RFI’s.
3. Construction and City Program Manager shall review vendor training lesson plans and instruction
manuals.
4. Construction Manager shall lead resolution of day-to-day construction issues raised. Coordinate
with inspectors, Design Engineer, General Contractor, City Program Manager, and the City as
required to reach resolution.
Task 3.2 - Contractor’s Change Orders and Disputes
Construction Manager shall:
1. Identify, prepare, log, and monitor all contract potential change orders, extra work, change orders,
and disputes.
2. Resolve scope of extra work and changes to the contract with the General Contractor and obtain
the City’s approval.
3. Prepare written justification, schedule impact, and cost estimates for each change order and
negotiate costs with the General Contractor. Justification shall include: a statement of the extra
work or change, detailed description of the extra work or change, independent review of change
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order cost broken down by labor-equipment-materials, background leading to the issue, a
confirmation from Design Engineer that the proposed change order is needed, resolution
alternatives and resolution recommendation for action by the City Program Manager. The
Construction Manager must submit change orders to the City for approval within seven (7) days
of the finalization of negotiations.
4. Assist and support the City in analyzing, responding to, negotiating, and resolving any disputes.
The Construction Manager shall report all verbal and written disputes immediately to the City
Program Manager and coordinate all disputes with him/her as well.
5. Coordinate with the Design Engineer, as necessary, regarding their review and analysis of
change order requests. The Design Engineer may perform special design services, as necessary,
for the analysis of change order requests.
Be aware that some Change Orders may require City Council approval. City Council meets the first and
third Tuesdays of each month. Items for the agenda must be submitted five (5) weeks earlier.
Task 3.3 – Design Clarifications
Construction Manager shall identify the need for design clarifications through Information Bulletins, and
request preparation of design clarification to be performed by Design Engineer. Construction Manager
shall log and monitor all design clarifications.
Task 3.4 – Progress Payments
Construction Manager shall review General Contractor’s monthly payment request and make a written
recommendation for payment to be made by the City. The Construction Manager shall ensure that the
payment request meets Davis Bacon or State Wage requirements, and the requirements of all project
funding sources. The Construction Manager shall develop a system to forecast the City’s cash flow needs
based on invoices processed for payments to Contractor, and invoices processed for reimbursement from
funding source(s) to the City. The Construction Manager must process progress payments using the City’s
standard format, or amended as needed based on the project funding source.
Task 3.5 – Record Drawings
Construction Manager shall coordinate the development of record drawings. The General Contractor’s
record drawings shall be reviewed on a weekly basis, and ensure that the record drawings identify RFI’s,
shop drawing revisions, change order modifications, etc. The Construction Manager shall, review,
approve, and submit record drawings to Design Engineer at 100 percent construction completion for the
Design Engineer to develop reproducible record drawings.
Task 3.6 – Operations and Maintenance Manuals
Construction Manager shall coordinate the preparation of Operation and Maintenance Manuals (OMMs)
as provided by the Design Engineer and the General Contractor. Construction Manager shall verify the
number and content of the manuals to be complete and accurate based on the completed work. The Design
Engineer will submit a draft OMM (outline form only) when the construction work is approximately 50
percent complete, and a draft OMM will be submitted approximately one month prior to Substantial
Completion.
Each OMM prepared by the Design Engineer is planned to include, but not be limited to: Catalog cuts on
equipment, factory test reports, recommended list of spare parts, maintenance schedules, list of suppliers
and phone numbers, electrical wiring diagrams and programming ladder logic printouts, and a list of special
equipment requirements and precautions.
Task 3.7 - Project Start-up and Commissioning
Construction Manager shall provide all efforts required to inspect and monitor the Contractor’s work for
commissioning and start-up of all individual systems, as well as overall plant start-up. The Design Engineer
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will review the testing and start-up plan provided by the Contractor and coordinate the start-up and testing
of the facilities. The Design Engineer will provide field assistance to the City and Construction Manager
during the following start up and testing activities: Factory Demonstration Testing; Vendor/Manufacturer
Testing of Equipment; 8-hour equipment Functional Testing; Operational Testing (unit process or system
testing); Membrane testing and start-up; and 7-day clean water testing; or as amended in the final plans
and specifications.
Task 3.8 - Project Closeout
Construction Manager shall prepare detailed project punch lists at substantial completion of the project.
Coordinate the correction of deficiencies, schedule, coordinate, and conduct a final walk-through with the
Design Engineer, City Program Manager, and the City prior to the acceptance of work. The following task
must be completed during project closeout:
1. File the Notice of Completion.
2. Check and submit final payment requests from the Contractor following filing of Notice of
Completion.
3. Review and certify that the Contractor’s project record drawings are complete and accurate.
4. Compile and submit operation manuals, maintenance manuals, instruction manuals, parts lists,
spare parts, and warranties for equipment procured as required by the contract documents.
5. Prepare a Warranty Expiration spreadsheet for the project. This spreadsheet should contain
major equipment items and be broken down into specific process areas and include a Product
Name, Manufacturer, Serial Number, Warranty Period and Warranty Expiration Date for each
piece of equipment. Provide the spreadsheet data in an electronic format.
6. Coordinate operator training for use of any specialty equipment.
7. Prepare a final executive summary report which provides a complete overview of the contract,
Contractor’s performance, accomplishments, a comparison of preliminary and final project costs,
cash flows, schedules, and recommendations for alleviating design, construction management,
and construction problems experienced on the project, within sixty (60) calendar days following
the filing of the Notice of Completion.
8. Furnish all original project documents and final project reports to the City within sixty (60)
calendar days following filing of the Notice of Completion. Provide the City support for processing
final paperwork following Notice of Completion. Project documents shall be delivered to the City
in form and fashion acceptable to the City. Deliver the original project documents to the City in
storage boxes with all documents labeled in accordance with the project filing system and in
standard file folders developed by Construction Manager and approved by City. Files are to be
placed in boxes by sequential file number. Prepare a sheet for each box listing the contents.
Deliver the electronic files and documents created during the project on flash drives labeled with
the project name.
Task No. 4 – Inspection Services and Materials Testing:
Construction Manager shall provide inspection services and materials testing including but not necessarily
limited to the following:
Task 4.1 - Construction Inspection
1. Provide inspection by qualified inspectors (including civil, mechanical, electrical, instrumentation
and controls disciplines) to ensure that the Contractor’s work follows the contract documents.
Special inspection must be provided for special items, and the inspectors must be fully certified and
qualified to perform work pursuant to Code and regulatory requirements. Perform technical
inspection at the jobsite or off- site of materials and workmanship in accordance with the Contract
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Documents. The inspectors shall not authorize extra work or approve of work that deviates from
the Contract Documents.
2. Review Contractor’s three week “look ahead” schedules and coordinate inspection staffing needs.
3. The CM Team will be responsible for all required reporting for the project as described in the
Mitigation Monitoring and Reporting Plan (MMRP), and will be required to delegate
responsibilities to contractor where appropriate through the contract specifications; see Appendix
4 for MMRP.
Task 4.2 – Daily Construction Photos
Electronically photo-document ongoing construction daily. Prepare written description for each digital
photo and provide documentation. Save all daily photos electronically in Procore with all photos identified
by a detailed and descriptive file name in a manner to only be accessed by City staff or authorized agent.
This database shall be turned over to the City at the completion of the construction contract.
Task 4.3 - Inspection Reports
Prepare and submit inspector’s daily reports, and review the format and content prior to submitting to
Procore in a manner to only be accessed by City staff or authorized agent. Prepare daily reports of the
construction activities including weather conditions, General Contractor’s equipment and labor, work
performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies.
Prepare daily reports of deviations and non- conformance to specifications and provide a timely response.
Task 4.4 – Materials Testing
The Construction Manager will be responsible for material and soil sampling, field analysis, laboratory
testing, and all specialty field inspections (i.e., welding, roofing, structural steel). The Construction Manager
will coordinate these services, review testing results, and transmit the testing or inspection reports, findings
or other related information to the various project stakeholders.
Factory witnessing is the responsibility of the Construction Manager. The Construction Manager will
coordinate these activities with the Design Engineer and General Contractor, and review results prior to
transmitting to the various project members.
3.0 PROPOSAL FORMAT
The proposal shall consist of two parts as described below; Part One – Technical Proposal six (6) copies,
and Part Two – Fee Proposal one (1) copy. Each part shall be contained in a separate sealed
envelope/package and submitted together in a single sealed package which shall be plainly marked as
described in Section B.
3.1 PART ONE – TECHNICAL PROPOSAL
Part One shall describe the Construction Manager’s organization/management, its understanding of the
services to be provided, approach to accomplishing the Scope of Work, its experience, and its
qualifications of the firm. The Technical Proposal shall be limited to thirty (30) pages, single-sided or fifteen
(15) pages double-sided using a minimum of 12-point font size, but excluding: table of contents, cover
letter, executive summary, figures or charts, resumes of individuals proposed for the project team,
insurance certificates, and any promotional brochures. The proposal should address, at a minimum, the
following:
1.Executive Summary – Prefacing the proposal, the respondent should provide an executive
summary, which gives in brief, concise terms a summation of the proposal.
2.Business Organization – Provide full name, address, telephone, e-mail addresses, and FAX
number of the company. Include affiliations with holding companies and/or parent companies.
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Indicate whether the Firm operates as a partnership, corporation, or individual. Provide the name,
title, and telephone number of the person in the organization authorized to negotiate contract terms,
render binding decisions on contract matters, and sign the final agreement.
Provide a description of the proposing firm. Explain the firm's current organizational structure,
general background and qualifications, and describe any special knowledge or capabilities within
the firm, material to the services. Include a statement of how long the firm has been in business
and whether the firm has done work for a public-sector entity. Provide statements of the firm’s
financial stability and the capability to complete the services.
3.Project Team – Provide the name and title of the Construction Manager that will be the City’s main
point of contact for this project. Identify the principal staff and support staff who will be assigned to
this project, and include an organization chart showing key team members listed by name and
project responsibility. Provide a maximum two-page work history for each of the key personnel,
including descriptions of projects worked on, dates, costs of the projects, and duties performed by
the individual on the projects germane to this work.
Submit the name of all Sub-Consultant(s) to be utilized on the project and the specific staff to be
assigned to this project. Include resumes with work history and include all licenses and certifications
of Sub-Consultant(s) to be considered. Describe how Sub-Consultant staff will be utilized. Provide
a list of their similar past projects along with references. Using a matrix, indicate any projects in
which the team members have worked together in the past and the nature of those projects (i.e.,
study, design, construction management, etc.).
4.Approach to the Scope of Work – Present a narrative overview of the proposer’s understanding
of the project requirements based on the information provided in this RFP, the Program Charter,
and project objectives. Describe the capability to assist in keeping the project on schedule and
within budget and ensuring quality control. Discuss any unique ideas or concerns relating to the
work. Discuss quality control and quality assurance protocols. The City is interested in any
innovative ideas to manage, control, or appropriately share risks.
The proposal shall contain sufficient detail to demonstrate that the prospective Construction
Manager understands the magnitude and scope of the project, and has developed a plan to
accomplish the work. Provide comments on scope of work provided with this RFP and suggest
other scope items for consideration. Include any comments or suggestions that the Proposer may
have regarding the project schedule or any other aspects of the work that the proposer feels would
be helpful to the City.
5.Prior Experience – Describe the Proposer’s experience in completing similar construction
management efforts. List successfully completed, or currently being completed, projects of similar
nature that include a Membrane (MBR) System per the requirements of Section 6. Discuss the
demonstrated expertise in performing the work described herein. Provide a description of the work
performed, including: schedule of when work was performed; name and location of project; total
construction cost of the project; type and extent of services performed by Proposer; and
involvement of team members proposed for this project. List locations, names, addresses and
telephone numbers owner/client references per the requirements of Section 6. The successful
Construction Manager will have proven and successful experience in providing construction
management services for similar projects; experience listed for upgrades on existing wastewater
treatment plants that require coordination with existing plant operations will rank higher given the
project’s goals and objectives.
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6.Binding Proposal - Construction Manager’s proposal shall contain a provision that the Proposal
is valid and binding upon the Construction Manager for a period of sixty (60) calendar days from
receipt of the Proposal by the City.
7.Litigation – Provide litigation history for any claims filed by your firm or against your firm related to
the provision of program or project or engineering services within the past five (5) years.
8.Other Information - This section shall contain all other pertinent information the Proposer wishes
the City to consider, including, but not limited to the following:
a. Demonstration of record of staffing tasks efficiently and completing projects on time and
within the allocated budget.
b. Description of community involvement.
c. Description of any previous involvement with the City.
9.Insurance Certificate – 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 City’s insurance requirements are detailed in Section E.
10.References – Proposal must include references per Section 6 using the form included herein;
standard form included in Section F.
11.Statement of Past Contract Disqualifications – Proposal must provide the contract
disqualification statement per the form included herein; standard form included in Section F.
12.Electronic Copy of Proposal – Provide an electronic copy of the Part One – Technical Proposal
on a clearly labeled thumb drive.
3.2 PART TWO – FEE PROPOSAL
Part Two shall be a Fixed Fee Proposal. Part Two is one (1) copy and shall be submitted within the sealed
proposal package, and clearly marked as follows:
Fee Proposal for Construction Management and Inspection Services for
the City of San Luis Obispo
Water Resource Recovery Facility Project
The elements of the fee proposal shall include the following:
1. An hourly rate and reimbursement schedule, valid for the entire contract period, for each
classification of firm personnel who will be working on the project and for each classification of
anticipated reimbursements. Wage rates must be in compliance with the Davis-Bacon Act wage
rules and California labor code to comply with SRF requirements.
2. A fixed fee proposal for all required work as outlined in this RFP. This fee proposal shall be
composed of and broken down into two components:
(a) a fixed fee proposal for basic Construction Management and Inspection Services; and
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(b) a fixed fee proposal for customary reimbursable expenses including but not limited to
reproduction costs, postage, and mileage that would not be considered as Construction Manager
and Inspection Services.
The fixed fee proposal shall break down all hours budgeted for each task, sub-consultant costs,
mark-ups, expenses, escalators, and estimated monthly staff hours allocated for the duration of the
project.
4.0 SERVICES PROVIDED BY CITY
The City will provide the following services and background materials for use by the Construction Manager
in completing the work:
1. Attend meetings with Construction Manager when required.
2. Provide other support services to the Construction Manager as the City deems necessary.
3. Provide available permits, maps, plans, records, etc.
The City does not warrant or guarantee the accuracy of the information contained in the materials it
provides.
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5.0 CITY CONTACTS
Questions Concerning Request for Proposal: All questions, interpretations or clarifications, either
administrative or technical must be requested through BidSync per the provisions listed in Section B
Oral statements regarding this RFP by any persons should be considered unverified information unless
confirmed in writing using BidSync. To ensure a response, questions must be received in writing by the
scheduled date set forth in Section C.
Please address technical questions regarding this Request for Proposal using BidSync to:
David Hix, Deputy Director of Wastewater
City of San Luis Obispo – Utilities Department
6.0 MINIMUM QUALIFICATIONS
The City seeks a CM Team with expertise to perform the work described herein. Expertise for the
Construction Manager’s firm is defined as a minimum of ten (10) years of experience in the Construction
Management of wastewater treatment and conveyance facilities. Proven and successful experience is
defined as evidence of:
1) The firm’s Construction Management experience within the past five (5) years on a minimum of two
(2) successfully completed, or currently being completed projects of similar nature that include a
membrane (MBR) treatment plant having a construction cost greater than $50 million;
2) References from a minimum of seven (7) former clients that reflect a high degree of customer
satisfaction for projects of a similar nature. Three (3) references must be for the Construction
Manager’s firm having a construction cost greater than $50 million, two (2) references must be for
the assigned Construction Manager having a construction cost greater than $50 million, and two
(2) references can be for any other team member. The projects, references, and qualifying
experience shall be clearly identified in the proposal;
3) Successfully completed project experience will be ranked based on the ability to meet the project’s
objectives, schedule, and budget.
All personnel shall be knowledgeable of, and comply with, all applicable local, state, and federal
regulations, cooperate and consult with City staff during the construction period, and perform other duties
as may be required to assure that the construction is being performed in accordance with the project plans
and specifications. Sub-consultant personnel shall perform duties as may be required to assure that project
is being completed in accordance with the project plans and specifications under the direction of the
Construction Manager.
The CM Team shall be staffed with personnel having the following minimum qualifications and experience
in project management:
The Construction Manager shall be a licensed Civil Engineer, registered in the State of California
with experience in project oversight and implementation for projects having a construction cost
greater than $75 million for wastewater/water construction projects. Previous professional
construction management work experience in complex wastewater treatment plant upgrades will
rank higher in the selection process.
Quality of performance on previous similar projects, ability to meet project schedules and budgets,
manage claims, and experience in conducting similar services for public agency projects will be
some of the attributes considered.
Understanding and approach to project delivery.
Excellent communication skills and responsiveness.
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Understanding of computerized construction project information databases.
CM Team may have some experience with document management using Procore, but will be
required to manage all information for the WRRF Project using Procore after contract award.
Resumes of personnel must be submitted to City for review and approval prior to assignment to the WRRF
Project. City will determine the quality and quantity of services that are required by Consultant personnel.
If in the opinion of 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’s 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’s personnel are on leave of absence, the Consultant shall provide approved, equally qualified
replacement personnel until the assigned personnel returns to the WRRF Project per acceptance by the
City.
7.0 SELECTION PROCESS
A selection committee will evaluate the proposals and rank each proposal according to the selection criteria
listed herein. All qualified CM Teams will be ranked according to total points awarded and will be informed
of the final ranking in writing.
Based upon this evaluation, the City may invite for interviews the top two, or more, firms to clarify their
proposals, approaches, and qualifications to handle this project. The City may choose to start negotiations
with the top-ranked firm without further evaluation. At the conclusion of such interviews (or if the top-ranked
firm is selected without the need for interviews), the City will enter into contract negotiations. If negotiations
with the top-ranked firm are unsuccessful, the City will terminate these negotiations and undertake new
negotiations with the second-ranked firm. If the new negotiations fail, the process will be repeated until a
contract is negotiated successfully. City staff will make recommendations to the City Council, which
reserves the right to reject any or all proposals. The selection process will be completed when a contract
is executed.
The City reserves the right to accept or reject any or all proposals. After the City selects a CM Team, the
contents of the submitted proposal will become a contractual obligation. Failure of the CM Team to agree
to include the proposal as part of the contractual agreement may result in cancellation of the award. The
City reserves the right to negotiate a modification to or accept any part of the proposal and will not be
obligated in any way to accept those parts that do not meet with the approval of the City.
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8.0 SELECTION CRITERIA
All proposals will be evaluated against the criteria listed in random order in the following table:
Project
Understanding
Good description and understanding of the Scope of Work, demonstrated
knowledge of work required, clear explanation and understanding of project.
Thorough discussion of methods of approaching project completion; and of
project management and quality controls to assist in maintaining project
cost and schedule. Any comments or suggestions to improve execution of
project and construction management scope of services.
CM Team
Qualifications &
Experience
Demonstration of strong expertise in construction work and evidence of
experience in performing similar work. Demonstration of team working
together and in similar capacity proposed for project.
Local Knowledge
Good understanding of the local standards and permit requirements for
construction projects. Demonstrated knowledge of work required by the
environmental Mitigation Monitoring & Reporting Program and the WRRF
Program Charter.
References Provided listing of prior references.
Level of Effort
Initiative, effectiveness, responsiveness, level of effort, overall presentation,
and completeness of the proposal indicating that the Construction Manager
will produce the services required.
Contract award will be based on a combination of factors that represent the best overall value for
completing the workscope as determined by the City, including: the written proposal criteria; results of
background and reference checks; results from the interviews and presentations phase; and proposed
compensation.
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SECTION B GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
All references to Contractor within Section B shall refer to CM Team providing professional services for
Construction Management and Inspection Services as required for the City of San Luis Obispo WRRF
Project. Where a reference is made for an action to be executed by the City, the City shall reserve the right
to delegate authority to the City Program Manager.
1.Requirement to Meet All Provisions. Each individual or firm submitting a proposal (proposer)
shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications
package. By virtue of its proposal submittal, the proposer acknowledges agreement with and
acceptance of all provisions of the RFP specifications.
2.Proposal Submittal. Each proposal must be submitted using the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be submitted per the requirements of this RFP.
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 proposer’s insurance
coverage during proposal evaluation; as discussed under paragraph below, endorsements are not
required until contract award. The City’s insurance requirements are detailed in Section E.
4.Proposal Quotes and Unit Price Extension. The fixed fee proposal must be detailed by task per
the requirements of Section 3.
5.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 proposer submitting a proposal, or who has quoted prices on materials to such proposer, is
not thereby disqualified from submitting a sub-proposal or from quoting prices to other proposers
submitting proposals.
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6.Cooperative Purchasing. During the term of the contract, the successful proposer will extend all
terms and conditions to any other local governmental agencies upon their request. These agencies
will issue their own purchase orders, will directly receive goods or services at their place of
business, and will be directly billed by the successful proposer.
7.Communications. All questions related to the solicitation must be submitted on BidSync on or
before the date indicated on each in this RFP.
CONTRACT AWARD AND EXECUTION
8.Proposal Retention and Award. The City reserves the right to retain all proposals for a period of
60 days for examination and comparison. The City also reserves the right to waive non-substantial
irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal
and accept the other, except to the extent that proposals are qualified by specific limitations. See
the Section 7 for proposal selection process and Section 8 for selection criteria.
9.Competency and Responsibility of Proposer. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of proposer. Proposer will provide,
in a timely manner, all information that the City deems necessary to make such a decision.
10.Contract Requirement. The proposer to whom award is made (Contractor) 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.
11.Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages
and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice
of contract award as a precondition to contract execution.
12.Business License & Tax. The Contractor must have a valid City of San Luis Obispo business
license & tax certificate before execution of the contract. Additional information regarding the City’s
business tax program may be obtained by calling (805) 781-7134.
CONTRACT PERFORMANCE
13.Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out
and complete the work hereunder in compliance with any and all federal, state, county, city, and
special City laws, ordinances, and regulations.
14.Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances, regulations and adopted codes during its performance of the work.
15.Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
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16.Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
17.Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety
established by Cal-OSHA.
18.Public and Employee Safety. Whenever the Contractor’s operations create a condition hazardous
to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect
and maintain such fences, temporary railings, barricades, lights, signs and other devices and take
such other protective measures as are necessary to prevent accidents or damage or injury to the
public and employees.
19.Preservation of City Property. The Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured or
damaged resulting from the Contractor’s operations, it shall be replaced or restored at the
Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when
the Contractor began work.
20.Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of this work that only persons authorized to work in the United 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.
21.Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will
not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in
employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
22.Work Delays. Should the Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire,
earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due
to federal government restrictions arising out of defense or war programs, then the time of
completion may, at the City’s sole option, be extended for such periods as may be agreed upon by
the City and the Contractor. In the event that there is insufficient time to grant such extensions prior
to the completion date of the contract, the City may, at the time of acceptance of the work, waive
liquidated damages that may have accrued for failure to complete on time, due to any of the above,
after hearing evidence as to the reasons for such delay, and making a finding as to the causes of
same.
23.Payment Terms. The City’s normal payment terms are 30 days from the receipt of an original
invoice and acceptance by the City of the materials, supplies, equipment, or services provided by
the Contractor (Net 30).
24.Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain
that the services of the Contractor are being performed in accordance with the requirements and
intentions of this contract. All work done and all materials furnished, if any, shall be subject to the
City’s inspection and approval. The inspection of such work shall not relieve Contractor of any of
its obligations to fulfill its contract requirements.
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25.Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Contractor in preparing its invoices to City as a condition precedent to any
payment to Contractor.
26.Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not
acquire any interest—direct, indirect, or otherwise—that would conflict in any manner or degree
with the performance of the work hereunder. The Contractor further covenants that, in the
performance of this work, no subcontractor or person having such an interest shall be employed.
The Contractor certifies that no one who has or will have any financial interest in performing this
work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of
the work hereunder, the Contractor shall at all times be deemed an independent contractor and not
an agent or employee of the City.
27.Hold Harmless and Indemnification. Contractor agrees to defend, indemnify, protect and hold
the City and its agents, officers and employees harmless from and against any and all claims
asserted or liability established for damages or injuries to any person or property, including injury
to Contractor's employees, agents or officers which arise from or are connected with or are caused
or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or
employees, in the performance of all obligations under this Agreement, and all expenses of
investigating and defending against same; provided, however, that Contractor's duty to indemnify
and hold harmless shall not include any claims or liability arising from the established sole
negligence or willful misconduct of the City, its agents, officers or employees.
28.Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of
the contract, or its right, title, or interest, or its power to execute such a contract to any individual or
business entity of any kind without the previous written consent of the City.
29.Termination for Convenience. The City may terminate all or part of this Agreement for any or no
reason at any time by giving 30 days written notice to Contractor. Should the City terminate this
Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf
products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price;
(b) for custom products, the less of a reasonable price for the raw materials, components work in
progress and any finished units on hand or the price per unit reflected on this Agreement. For
termination of any services pursuant to this Agreement, the City’s liability will be the lesser of a
reasonable price for the services rendered prior to termination, or the price for the services reflected
on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise
directed, cease work and follow the City’s directions as to work in progress and finished goods.
30.Termination. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify the Contractor in
writing of such defect or failure to perform. This notice must give the Contractor a ten (10) calendar
day notice of time thereafter in which to perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten (10) days
specified in the notice, such shall constitute a breach of the contract and the City may terminate
the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party
shall have any further duties, obligations, responsibilities, or rights under the contract except,
however, any and all obligations of the Contractor’s surety shall remain in full force and effect, and
shall not be extinguished, reduced, or in any manner waived by the terminations thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed from
the beginning date in which the breach occurs up to the day it received the City’s Notice of
Termination, minus any offset from such payment representing the City’s damages from such
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breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone
or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement
payment schedule; compensation for any other work, services, or goods performed or provided by
the Contractor shall be based solely on the City’s assessment of the value of the work-in-progress
in completing the overall scope of work.
The City reserves the right to delay any such payment until completion or confirmed abandonment
of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete
accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of
the compensation quoted in its proposal.
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SECTION C SPECIAL TERMS AND CONDITIONS
The successful CM Team shall be required to execute the agreement prior to commencement of any work
and to perform all services in accordance with the terms and conditions of the sample agreement listed in
Section D. By submitting a proposal, the CM Team agrees that it has reviewed the sample agreement and
will agree to execute said contract with the City. The CM Team’s standard contract form will not be
acceptable as a substitute. Where a reference is made for an action to be executed by the City, the City
shall reserve the right to delegate authority to the City Program Manager.
The agreement shall be prepared by the City, and shall incorporate all applicable provisions. The
agreement shall be a firm, lump sum, not-to-exceed professional services contract. Services provided
under this agreement shall commence after all contract documents have been fully executed.
1.Contract Award. The contract will be awarded to per the requirements of Section 7 and Section 8.
2.Labor Actions. In the event that the successful proposer is experiencing a labor action at the time
of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the
City reserves the right to declare said proposer is no longer the best qualified proposer and to
accept the next acceptable proposal from a proposer that is not experiencing a labor action, and to
declare it to be the most qualified proposer as defined in Section 7 and Section 8.
3.Failure to Accept Contract. The following will occur if the proposer to whom the award is made
(Contractor) fails to enter into the contract: the award will be annulled; any bid security will be
forfeited in accordance with the special terms and conditions if a proposer’s bond or security is
required; and an award may be made to the next lowest responsible, responsive proposer who
shall fulfill every stipulation as if it were the party to whom the first award was made.
4.Contract Term. The supplies or services identified in these specifications will be used by the City
between June of 2018 and January of 2022. The prices quoted for these items must be valid for
the entire period indicated above unless otherwise conditioned by the proposer in its proposal.
5.Contract Extension. The term of the contract may be extended by mutual consent for an additional
year.
6.Delivery. Prices quoted for all services to be provided under the terms and conditions of this RFP
package shall include delivery charges, to be delivered City of San Luis Obispo by the successful
proposer and received by the City within 30 days after authorization to proceed by the City.
7.Start and Completion of Work. Work on this project shall begin within 10 calendar days after
contract execution and shall be completed within 42 months thereafter.
8.Submittal of References. Each proposer shall submit a statement of qualifications and references
per the requirements listed in the RFP package.
9.Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any
past governmental agency bidding or contract disqualifications on the form provided in the RFP
package.
10.Proposal Content. The proposal must include the information listed in Section 3.
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11.Proposal Evaluation and Selection. Proposals will be evaluated by a selection committee based
on the criteria listed in Section 8.
The contract award will not be based solely on price, but on a combination of factors as determined
to be in the best interest of the City. After evaluating the proposals and discussing them further with
the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the
proposed work and/or method and amount of compensation.
12.Proposal Review and Award Schedule. The following is an outline of the anticipated schedule
for proposal review and contract award:
a. Issue RFP May 19, 2018
b. Non-mandatory pre-proposal conference June 6, 2018 at 10:00 am
c. Proposer Questions due June 15, 2018 at 5:00 pm
d. Receive proposals (The Deadline) June 28, 2018 at 2:00 pm
e. Complete proposal evaluation (estimate only) July 9, 2018
f. Conduct finalist interviews July 25, 2018
g. Finalize staff recommendation (estimate only) August 3, 2018
h. Award contract (estimate only) August 10, 2018
i. Execute contract (estimate only) August 17, 2018
j. Start work (estimate only)August 20, 2018
13.Non-mandatory Pre-Proposal Conference. A pre-proposal conference will be held at the
following location, date, and time to answer any questions that prospective proposers may have
regarding this RFP:
June 6, 2018, 10:00 AM
City’s Corporation Yard
25 Prado Road
San Luis Obispo
14.Ownership of Materials. All original drawings, plan documents and other materials prepared by
or in possession of the Contractor as part of the work or services under these specifications shall
become the permanent property of the City, and shall be delivered to the City.
15.Release of Reports and Information. Any reports, information, data, or other material given to,
prepared by, or assembled by the Contractor as part of the work or services under these
specifications shall be the property of City and shall not be made available to any individual or
organization by the Contractor without the prior written approval of the City.
16.Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Contractor is required to furnish in limited
quantities as part of the work or services under these specifications, the Contractor shall provide
such additional copies as are requested, and City shall compensate the Contractor for the costs of
duplicating of such copies at the Contractor’s direct expense.
17.Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it
believes will also meet the City’s project objectives but in a different way. In this case, the proposer
must provide an analysis of the advantages and disadvantages of each of the 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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18.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. Proposers
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 proposer and all subcontractors named in its proposal shall
bear sole responsibility for proposal preparation errors resulting from any misstatements or
omissions in the plans and specifications that could easily have been ascertained by examining
either the project site or accurate test data in the City’s possession. Although the effect of
ambiguities or defects in the plans and specifications will be as determined by law, any patent
ambiguity or defect shall give rise to a duty of proposer to inquire prior to proposal submittal. Failure
to so inquire shall cause any such ambiguity or defect to be construed against the proposer. An
ambiguity or defect shall be considered patent if it is of such a nature that the proposer, 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 proposer or subcontractors to notify City in
writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any
right to assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be
liable for costs incurred by the successful proposer 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 plans and/or specifications, or any other matter whatsoever, Contractor
shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue
to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial,
and irrespective of whether or not a change order, time extension, or additional compensation has
been granted by City. Failure to provide the hereinbefore described written notice within one (1)
working day of contractor’s becoming aware of the facts giving rise to the dispute shall constitute a
waiver of the right to assert the causative role of the defect or ambiguity in the plans or
specifications concerning the dispute.
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SECTION D FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
____________________________________, by and between the CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter referred to as City, and [CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter
referred to as Contractor.
W I T N E S S E T H:
WHEREAS, on [day,date,year], City requested proposals for Construction Management and Inspection
Services for the City of San Luis Obispo Water Resource Recovery Facility (WRRF) Project per Specification No.
91363CM.
WHEREAS, pursuant to said request, Contractor 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.INCORPORATION BY REFERENCE. City Specification No. 91363CM and Contractor’s proposal
dated [date], are hereby incorporated in and made a part of this Agreement.
3.CITY’S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and
Contractor shall receive therefor compensation in a total sum not to exceed [$ .00].
4.CONTRACTOR’S OBLIGATIONS. For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by
this Agreement and the said specification.
5.AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by the City Engineer.
6.COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated
herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
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understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or
effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto.
7.NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid
by registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Contractor [ ]
[ ]
[ ]
[ ]
8.AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor 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, A Municipal Corporation
____________________________________ By:____________________________________
City Clerk City Manager
APPROVED AS TO FORM: CONTRACTOR
____________________________________ By:____________________________________
City Attorney
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SECTION E INSURANCE REQUIREMENTS
The Contractor 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 Contractor, its agents, representatives, employees, or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
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. Contractor shall maintain limits no less than:
1. General Liability: $3,000,000 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 each occurrence / $3,000,000 policy aggregate.
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 Contractor 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 Contractor; products and
completed operations of the Contractor; premises owned, occupied or used by the Contractor; or
automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officers, officials, employees,
agents or volunteers.
2. For any claims related to this project, the Contractor’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 contractor’s insurance and shall not contribute with it.
3. The Contractor’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.
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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.
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. Contractor 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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SECTION F PROPOSAL FORMS
1.0 SIGNATURE OF AUTHORIZED REPRESENTATIVE
The undersigned declares that she or he:
has carefully examined Specification No. 91363CM, which is hereby made a part of this proposal.
is thoroughly familiar with its contents.
is authorized to represent the proposing firm.
agrees to perform the work as set forth in this proposal.
Certificate of insurance attached; insurance company’s A.M. Best rating:_____________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
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2.0 REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: ___________________.
List references for the CM Team per the qualifications listed in Section 6; attach additional pages if
required. The City reserves the right to contact each of the references listed for additional information
regarding the CM Team’s qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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3.0 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it,
has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal,
state, or local government project because of the violation of law, a safety regulation, or for any other
reason, including but not limited to financial difficulties, project delays, or disputes regarding work or
product quality, and if so to explain the circumstances.
Do you have any disqualification as described in the above paragraph to declare?
Yes No
If yes, explain the circumstances.
Executed on ______________________________ at ______________________________ under
penalty of perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Representative
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SECTION G APPENDICES
APPENDIX 1: LOCATION MAP
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APPENDIX 2: SITE PLAN
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APPENDIX 3: PHASING MAP
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APPENDIX 4: WRRF EIR, MITIGATION MONITORING AND REPORTING PLAN
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APPENDIX 5: PROGRAM CHARTER