RFQ-P Plant 2 and 3 Phase 0 Projects.pdf

Request for Qualifications and Proposals (RFQ/P) WWTP No. 2 and WWTP No. 3 Phase 0 Projects City of Bakersfield – Water Department Bakersfield, California

October 9, 2026

Consultants wishing to be considered for this project should thoroughly read this Request for Qualifications and Proposals (RFQ/P). Information required to be provided in a Statement of Qualifications (SOQ) is detailed in Section V. Consultants submitting a SOQ must do so in accordance with the requirements of Section VII. As required by section X, a signed copy of the enclosed sample agreement must be submitted with a SOQ.

I. GENERAL PROJECT DESCRIPTION AND REQUIREMENTS

The City of Bakersfield (City) owns and operates Wastewater Treatment Plant No. 2 (Plant

2) and Wastewater Treatment Plant No. 3 (Plant 3). The intent of this Request for Qualifications and Proposals (RFQ/P) is to solicit qualifications from engineering firms qualified to design improvements to the City’s two wastewater treatment plants in order to continue providing sufficient capacity and treatment for the residents of Bakersfield.

Responses to this RFQ/P shall describe the firms’ capability to design improvements to existing wastewater treatment plants.

The primary objective of this RFQ/P is to select one or more engineering consultants to:

fully design the Plant 2 Phase 0 Project which generally consists of stabilizing and rehabilitating the existing 25 MGD facility; and the Plant 3 Phase 0 Project, which generally consists of rehabilitating and installing needed equipment to treat the permitted 32 MGD capacity. Attached to this RFQ/P are the recommendations for Plant 2 and Plant 3 Phase 0 Projects (Attachment #4). Below is a brief description of each plant as it pertains to this

RFQ/P:

• Plant 2 is a 25 MGD trickling filter facility, producing secondary effluent that is stored in dams and used for agricultural irrigation. The solids are treated in anaerobic digesters and sent to drying beds, producing Class B biosolids that are land applied on City-owned farmland. The last Plant 2 upgrade was designed in 1997, and construction was completed in 1999. The current influent flow is 12 MGD.

• Plant 3 is a 32 MGD activated sludge facility, producing secondary and tertiary effluent.

Secondary effluent is sent to percolation ponds and used for agricultural irrigation.

Tertiary effluent is stored in an above-ground 3 MG tank and used for landscape irrigation and limited use within Plant 3. The solids are treated in anaerobic digesters and dewatered using centrifuges; producing Class B biosolids that are land applied on City-owned farmland. The last Plant 3 upgrade was designed in 2007, and construction was completed in 2010. The current influent flow is 19.5 MGD.

There will be an optional site visit for interested Proposers to walk the job sites on Wednesday, October 21, 2026. The visit will begin at 9:00 AM at Plant 3, 6901 McCutchen Road, Bakersfield, CA 93313 and then continue to Plant 2, 1700 East Planz Road, Bakersfield, CA 93307.

The selected firm(s) will be responsible for providing preliminary design reports, full design, and engineering services through bidding and construction. The City may award one or two agreements depending on the qualifications and proposals submitted by each Proposers.

RFQ/P – WWTP No. 2 and No. 3 Phase 0 Projects

The City’s intent in developing this RFQ/P is to encourage qualified firms to describe their approach, work experience, and submit examples of similar projects.

For the purpose of this agreement, the following definitions shall apply:

• Proposer is a firm which submits a Statement of Qualifications in response to this

RFQ/P.

• Consultant is a firm hired by the City to provide the services described in this

RFQ/P.

• For the purpose of this RFQ/P, the term “Consultant” and “Firm” are interchangeable and refer to the qualified firm hired to provide the services. The Consultant shall execute his work in a timely manner and in accordance with a schedule approved by the City. Failure to respond by completing scheduled work in a timely manner may result in termination of the agreement.

II. SERVICES TO BE PROVIDED BY THE CONSULTANT (SCOPE OF WORK)

The CONSULTANT shall be responsible for providing preliminary design reports, full design, and engineering services through bidding and construction. A brief description of the required elements of each task is described below.

A. Project Management The Consultant will conduct a kickoff meeting and bi-weekly progress meetings, as needed, throughout the duration of the project. The progress meetings can be conducted in person or using a virtual meeting platform.

The Consultant will conduct project management, including scheduling, invoicing, and managing staff.

B. Preliminary Design Report The Consultant will prepare a draft and final preliminary design report (PDR) that includes but is not limited to: design criteria, assumptions, site layout, planning level costs estimates for design, and timeline of design period. A review meeting with City staff shall also be provided to review the draft PDR and preliminary layout sketches, design assumptions, design criteria and design options prior to issuance of the final

PDR.

C. Design Phase The Consultant will develop a set of detailed design drawings, specifications, and estimates for this project. Plans, specifications and estimates shall be submitted to the Department for review at 30%, 60%, and 90% design stages. The 100% submittal shall be in electronic format and hard copy and include drawings, specifications, supporting documents, and engineer’s cost estimate.

Specifications must be based on the most current version of the City’s boiler plate at the time the project is issued for bids.

Prepare detailed technical plans and specifications for the equipment that need to be purchased or replaced.

Prepare a planning level cost estimate, at each design stage, for the installation and improvements.

D. Bidding Phase Attend a pre‐bid meeting with interested contractors and City staff at the beginning of the bidding process.

Responds to requests for information regarding the plans and specifications.

Prepare modifications to the Plans and/or Specifications as necessary to support the City in preparing and issuing addenda.

E. Construction Phase Review and approve Contractor's submission of product data and shop drawings as required.

Furnish general observation of construction work and on-site consulting service as required by the City.

Investigate proposed contract change orders and submit background information to the City for a decision, if justified, and prepare necessary drawings and documents for approval.

Prepare and submit to the City one set of reproducible record drawings reflecting changes made during construction.

The Consultant is required to provide all specific services and satisfy all the requirements for the project as specified in this RFQ/P and as necessary to complete the requirements of a specific project.

The Consultant shall have professional staff to provide all the services necessary for the project as defined in Section I of this RFQ/P. At a minimum, the Consultant 's team shall include a California registered civil engineer experienced in wastewater treatment plants and processes.

When the contracted work is accepted by the City, all completed reports, documents, studies, etc., used in the research and completion of the project shall become the property of the City, including their copyrights and any inherited interests.

III. ITEMS AND SERVICES TO BE PROVIDED BY THE CITY OF BAKERSFIELD

A. The City will provide a general description of the project site, its location and boundaries.

B. The City will provide copies of City’s available record drawings of existing facilities.

The City makes no warranty that record drawings for additional existing improvements are available.

C. The City will provide copies of any relevant studies previously completed.

D. The City will provide City standard bid documents and specifications.

E. The City will provide all services required to plan, supervise, monitor and finance the construction of the project except for those services to be provided by the Consultant as set forth herein or above.

F. The City will furnish a construction manager who will make daily observation and inspection of construction to determine compliance with construction plans and specifications by the construction contractors in conjunction with and under the advisement of the engineering firm.

G. The City will provide construction staking and construction material testing services, if required.

IV. ESTIMATED PROJECT AGREEMENT TIME SCHEDULE

The Consultant shall submit a project schedule with a number of hours estimated to complete the project work. The project schedule will assume a “notice to proceed” will be issued late December 2026 and will show an estimated end date to complete the scope of work(s). The City anticipates the PDR and Design of Plant 2 Phase 0 will take approximately 30 months, and the Plant 3 Phase 0 PDR and Design will take no more than 18 months. The Consultant shall execute the work in a timely manner and in accordance with the submitted project schedule.

Event Date RFQ/P Released October 9, 2026 Optional Site-Visit October 21, 2026 at 9:00 a.m.

SOQs and Proposals Due November 19, 2026 by 3:00 p.m.

Notification Letters Sent Out November 25, 2026 Anticipated City Council Meeting December 16, 2026

V. STATEMENT OF QUALIFICATIONS

All interested consultants (Proposers) shall submit a Statement of Qualifications (SOQ) which shall contain at a minimum the following information:

A. The completed General Information Sheet (refer to Attachment #1). An officer of the

Proposer must sign this document.

B. Description of the Proposer’s management principles, policies and procedures in regards to:

1. Responding in a timely manner;

2. Availability of Proposer’s staff to start work on a project;

3. Development of a project schedule and adhering to that schedule;

4. Complete and successful performance of all tasks assigned to the Consultant.

C. Name and relevant experience of Proposer’s principals.

D. Name and relevant experience of the Proposer’s key personnel. This list shall identify the individual who will be assigned to the role of Project Manager for the duration of this agreement.

E. A list of comparable public works or other projects on which Proposer has been involved during the past eight years. The list should include at least three different clients and should provide the following information for each project:

1. Contract title, location and description including size of the project;

2. Nature of Proposer’s responsibility;

3. Start and end dates of Proposer’s involvement in the contract;

4. Names of Proposer’s key personnel involved in the contract;

5. Total dollar amount of Proposer’s contract;

6. Name, address and phone number of the contract owner;

7. Name and address of Proposer’s client if different from the contract owner; and

8. Name and phone number of contact person at Proposer’s client’s office.

The City will use this information to conduct a reference check. If the Proposer submits more than three comparable projects on their list, Proposer shall note their preference for which three projects they wish to be referenced.

F. The Proposer shall specify whether it would like to be considered for the scope of work for Plant 2, Plant 3, or both. If interested in both plants, the Proposer shall identify the preferred plant out of the two.

G. A statement of why you believe your firm should be selected for the City’s Plant 2 and Plant 3 Phase 0 Projects.

H. A list of Proposer’s claims history since January 1, 2022.

1. List all claims, demands for arbitration and/or lawsuits filed by Proposer, predecessor companies or company officers against contract owners or their agents. This list shall include the following information for each claim:

a. Name of project owner;

b. Project completion date;

c. Basis for claim;

d. Claim or suit amount;

e. Current status; and

f. Award or Settlement amount.

2. List all claims, demands for arbitration and/or lawsuits filed by contract owners, their agents or subconsultants against Proposer, predecessor companies, its agents or bonding company in connection with Proposer, its officers, its agents or bonding company. This list shall include the following information for each claim:

a. Name of contract owner;

b. Contract completion date;

c. Basis for claim;

d. Claim or suit amount;

e. Current status; and

f. Award or Settlement amount.

I. A statement of Proposer's current insurance coverage signed by a company official.

The City requires a minimum of One Million Dollars ($1,000,000) Professional Liability Insurance, Automobile Liability Insurance, General Liability Insurance, and Workers’ Compensation Insurance. If the current coverage does not meet the City’s minimum requirements, a statement of Proposer’s ability and intent to obtain the required coverage must be included. Do not submit a certificate of insurance in lieu of this statement.

VI. FEE PROPOSAL

The Proposer shall submit a fee proposal based on the Scope of Work of this project. The fee proposal shall be structured as follows:

Plant 2 Phase 0

• Project Management fixed fee, not to exceed

• Preliminary Design Report fixed fee, not to exceed

• Design Phase fixed fee, not to exceed

• Bidding Phase time and materials, not to exceed

• Construction Phase time and materials, not to exceed

Plant 3 Phase 0

• Project Management fixed fee, not to exceed

• Preliminary Design Report fixed fee, not to exceed

• Design Phase fixed fee, not to exceed

• Bidding Phase time and materials, not to exceed

• Construction Phase time and materials, not to exceed

Request for payment of services shall be billed, with a monthly itemized invoice, to the City in accordance with the rates in the firm's schedule of hourly billing rates which is submitted in response to this RFQ/P. The invoice shall be accompanied with a monthly progress report itemized for the work completed in that period. The monthly progress report shall include a description of activities performed, an estimate of the percent of work completed, and a summary of any problems encountered. Payment will be made for work product that has been delivered to and accepted by the City.

The fees shall be held constant throughout the term of this agreement. No “cost of living” or other similar increases of the hourly rates will be allowed. Consultant will be responsible for compensating their employees in accordance with all applicable labor laws and regulations.

VII. SUBMITTAL OF STATEMENT OF QUALIFICATIONS AND PROPOSAL

Consultants responding to this RFQ/P must include the following items in their submittal package:

A. Six (6) copies of Proposer’s SOQ;

B. One (1) copy of the completed “General Information Sheet” (Attachment #1) signed by a company official; and C. One (1) signed copy of the Draft Design Consultant’s Agreement for this project (refer to Section X, “CONTRACT DOCUMENTS”, of this RFQ/P);

D. One (1) copy of the Consultant’s Proposal in a separate and sealed envelope.

The submittal items must be placed into a sealed envelope bearing Proposer’s name and the words:

Statement of Qualifications and Proposal for WWTP No. 2 and No. Phase 0 Projects Water Department – Wastewater Division

Before 3:00 p.m. on Thursday, November 19, 2026, the submittal package must be delivered to:

Evette Roldan, Assistant Water Director Wastewater Division 6901 McCutchen Road Bakersfield, California, 93313

The City assumes no responsibility for non-receipt of submittal packages due to any delay, including, but not limited to, carrier delay. It is the Proposer’s responsibility to meet the deadline stated above.

Submittals which do not contain the required number of copies and all the information requested in this RFQ/P may be considered non-responsive and rejected without evaluation.

Submittals received after the deadline or at the wrong location will be considered non-responsive.

VIII. SELECTION OF CONSULTANT

The Consultant shall have qualified professional staff and the necessary experience and expertise to complete the project and satisfy all the requirements as described throughout this RFQ/P.

Consultants submitting a SOQ, must provide in their submittal, verifiable evidence demonstrating that they have considerable current and past experience in providing the services necessary for this project, as described in Section I, “General Project Description and Requirements” and Section II, “Services to Be Provided by the Consultant (Scope of Work)” of this RFQ/P.

The City will award a contract to one or more engineering firms after reviewing all the

Statements of Qualifications (SOQ) submitted by interested firms. Primary selection process will be based on the City's evaluation of the firm’s SOQ and the items listed below.

Secondary consideration will be based on the City’s evaluation of the Consultant’s fee proposal which shall not be opened until evaluation of SOQ scores and reference checks of all firms are completed and that the ranking of firms is in order. In no particular order, the following items shall be used for evaluation:

A. The information contained in the firm’s SOQ submitted in response to this request. The

City’s evaluation of this information will be based, at least in part, on the requirements for the SOQ set forth in this RFQ/P including:

1. The Proposer's experience and past performance on comparable projects for the

City and other governmental agencies.

2. The Proposer's resources and its capability to perform the required services within the required time frames.

3. Personnel’s qualifications and experience that the Proposer anticipates assigning to City projects.

B. Proposer’s ability to understand the project requirements as it may be revealed in their proposed methods and procedures, and approach to the project.

C. Related experience of the Proposer.

D. Comments received from the City's reference checks.

E. Proposer's submittal and subjective statements.

The submission of a fee proposal shall be conclusive evidence that the Proposer and its subconsultants have investigated and satisfied themselves as to the conditions to be encountered, the character, quality and scope of work to be performed, and any municipal and ordinance requirements of the City of Bakersfield.

IX. SOLICITATION CAVEAT

The Proposer and its subconsultants understand and agree that the City of Bakersfield shall have no financial responsibility for any costs incurred by the Proposer and its subconsultants in responding to this Request for Qualifications and shall not be liable for any Proposer or its subconsultant costs attributed to their own study and investigation of project until the Proposer has executed a contract with the City of Bakersfield and has been authorized in writing to proceed. The City of Bakersfield reserves the right to terminate this Request for Qualifications after three (3) days notice to all prospective Proposers.

X. CONTRACT DOCUMENTS

A sample copy of the City's DESIGN CONSULTANT AGREEMENT is included as Attachment #2. Please review the agreement carefully. This is the contract the Consultant will be expected to execute without alteration. If any changes are desired to be considered, the Proposer must submit a copy of the requested modifications to the City for approval at least ten (10) calendar days prior to the date that Statements of Qualifications are due. If approved, the City will then issue the changes to all prospective consultants prior to the due date.

An officer of Proposer must sign and return this sample contract with his submittal. The signature indicates that Proposer accepts the clauses of the contract, including the indemnity clause, as stated on the enclosed sample copy of the City’s agreement and any modifications thereto issued by the City during this solicitation of SOQ’s. That indemnity clause reads as follows:

“DESIGN CONSULTANT shall indemnify, defend, and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from DESIGN CONSULTANT’s negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DESIGN CONSULTANT, DESIGN CONSULTANT’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for City’s sole active negligence or willful misconduct.”

An Acknowledgment Line, which reads as follows, will be found on the last page of the sample agreement. Proposer must review the sample agreement carefully prior to signing it.

“I have received and reviewed the sample DESIGN CONSULTANT’S AGREEMENT including the INDEMNITY clause which was sent to me with the City’s RFQ/P. My signature below shall signify our firm’s acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFQ/P. This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates established for this contract.”

The Consultant shall not be allowed to alter or negotiate contract language after the submittal of Consultant’s Statement of Qualifications. Failure to execute the contract without alteration may result in the rejection of the Consultant’s proposal and the retaining of a different consultant by the City.

At the time of contract execution, the Consultant will be required to provide evidence of insurance coverage (Certificates of Insurance) as specified in the agreement.

XI. CONTACTS AT THE CITY OF BAKERSFIELD

All questions concerning the project, the submittal of a Statement of Qualifications, the City’s review and evaluation of the SOQ’s, and the City’s selection of a Consultant for this project should be directed to:

Evette Roldan, Assistant Water Director Wastewater Division 6901 McCutchen Road Bakersfield, CA 93313 Voice Phone: 661-326-3249 Email: eroldan@bakersfield.gov

Attachment #3 “Request for Information Form” should be used when submitting questions.

XII. ATTACHMENTS TO THIS RFQ/P

The following documents are attachments to this RFQ/P:

Attachment #1 – General Information Sheet Attachment #2 – Sample Agreement Attachment #3 – Request for Information Form Attachment #4 – Phase 0 Project Recommendations

Attachment #1

General Information Sheet WWTP No. 2 and WWTP No. 3 Phase 0 Projects City of Bakersfield – Water Department

Date: ______________________________

Legal Name of Firm: ___________________________________________________________

Type of Organization: __________________________________________________________ Individual, Partnership or Corporation

For corporations, the state in which the firm is incorporated: ____________________________

Federal Employer I.D. Number: __________________________________________________

Street Address: __________________________________________________________

Mailing Address: __________________________________________________________

Telephone Number: __________________________________________________________

Facsimile Number: __________________________________________________________

Contact Person: __________________________________________________________

Name

Phone Number

E-Mail

Name of Principal-in-charge Title License Number

Signature of an officer of the firm Title Date

Attachment #2

AGREEMENT NO._________________

DESIGN CONSULTANT AGREEMENT

This DESIGN CONSULTANT AGREEMENT is made and entered into on ______________________ (“Effective Date”), by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and ____________________, a [business type: Sole Proprietorship; Partnership;

Corporation; LLC; etc.] authorized to do business in California (referred to herein as “DESIGN CONSULTANT”).

R E C I T A L S

WHEREAS, CITY is currently developing the _________________________ (the “Project”); and

WHEREAS, since CITY does not have expertise currently on staff to design and engineer the Project, CITY has issued a Request for Qualifications/Request for Proposal (“Request”) for those services; and

WHEREAS, after reviewing the Request, including the Technical Provisions dated __________________, and being satisfied that it understands the Project’s requirements, DESIGN CONSULTANT has submitted a response to the Request, which includes a scope of work and cost proposal; and

WHEREAS, DESIGN CONSULTANT represents that it is experienced in the fields of design and engineering as required for the Project and that all of its officers, partners, and/or principals are licensed professionals in engineering, design, or similar professional areas with the appropriate professional degrees;

and

WHEREAS, DESIGN CONSULTANT also represents that it has an adequate number of properly licensed and experienced employees on its staff to accomplish the Scope of Work, as defined below, and that it is competent to undertake the Scope of Work; and

WHEREAS, based on these representations and all other representations made by DESIGN CONSULTANT to CITY, CITY desires to retain DESIGN CONSULTANT to perform the Scope of Work.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agree as follows:

1. SCOPE OF WORK. In exchange for the Compensation (defined below), DESIGN CONSULTANT must competently and thoroughly design and engineer the Project as more specifically described in the Request, attached as Exhibit A and incorporated herein by reference, and in DESIGN CONSULTANT’s scope of work, attached hereto as Exhibit B and incorporated herein by this reference (collectively, the project description in the Request and DESIGN CONSULTANT’s scope of work are referred to as “Scope of Work”). DESIGN CONSULTANT’s services shall include all the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not.

2. COMPENSATION/PAYMENT PROCEDURE. In exchange for performing the Scope of Work and subject to the terms of this section, CITY will pay DESIGN CONSULTANT as follows (“Compensation”):

2.1 Actual Costs. CITY will reimburse DESIGN CONSULTANT’s actual costs (including labor costs, employee benefits, overhead, and other direct costs) in an amount not to exceed $_____________________ exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates and other costs set forth in DESIGN CONSULTANT’s cost proposal.

2.2 Fixed Fee. CITY will pay DESIGN CONSULTANT a fixed fee of $_______________ on a monthly basis based upon the percentage of the Scope of Work completed. This fixed fee will not be altered unless there is a significant alteration in the scope, complexity, or character of the Scope of Work.

CITY will pay DESIGN CONSULTANT within 30 days after DESIGN CONSULTANT submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to DESIGN CONSULTANT for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to DESIGN CONSULTANT. In no case will CITY compensate DESIGN CONSULTANT more than $_____________ for performing the Scope of Work.

3. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on .

4. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the DESIGN CONSULTANT’s performance under this Agreement, CITY may terminate this Agreement after providing DESIGN CONSULTANT with ten-days written notice.

5. STARTING WORK. DESIGN CONSULTANT shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the Effective Date.

6. TIME FOR COMPLETION. DESIGN CONSULTANT must complete all assigned tasks set forth in the Scope of Work no later than .

7. CONTRACT ADMINISTRATOR.

CITY’s Contract Administrator is:

Name:

City of Bakersfield 1600 Truxtun Avenue Bakersfield, California 93301

Telephone: (661) 326-_______

DESIGN CONSULTANT’s Project Manager shall be designated as:

Telephone: ( )

The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and DESIGN CONSULTANT, respectively.

8. COMPLIANCE WITH ALL LAWS. DESIGN CONSULTANT shall, at DESIGN

CONSULTANT’s sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.

9. INDEPENDENT CONTRACTOR. This Agreement calls for DESIGN CONSULTANT’s performance of the Scope of Work as an independent contractor. DESIGN CONSULTANT is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with DESIGN CONSULTANT other than that of an independent contractor.

10. DIRECTION. DESIGN CONSULTANT retains the right to control or direct the manner in which the services described herein are performed.

11. EQUIPMENT. DESIGN CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.

12. KEY PERSONNEL. DESIGN CONSULTANT shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and experienced for the work to be performed under this Agreement. DESIGN CONSULTANT shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, DESIGN CONSULTANT shall not change such personnel without CITY’s written approval.

13. LICENSES. DESIGN CONSULTANT shall, at DESIGN CONSULTANT’s sole cost and expense, have at the time of bidding or proposal submission and shall keep in full force and effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for DESIGN CONSULTANT to practice its profession in the State of California and perform the Scope of Work. DESIGN CONSULTANT must also ensure that all employees or subcontractors assigned to perform any portion of the Scope of Work are properly licensed. If DESIGN CONSULTANT is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If DESIGN CONSULTANT is a partnership, at least one partner shall hold the required licensees or professional degrees. DESIGN CONSULTANT must provide proof that the requirements of this section are met when requested by CITY.

14. CONFLICTS OF INTEREST. DESIGN CONSULTANT hereby represents that both corporately and individually the firm and its employees and subconsultants:

14.1 Do not have, and will not have, financial interest in either the success or failure of any project which is dependent upon DESIGN CONSULTANT’s performance of the Scope of Work; and

14.2 Are not currently, and will not be, employed by or under contract to any contractor who may be awarded the contract to construct the Project.

15. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section

1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section

7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

16. ACCEPTANCE OF WORK. CITY’s acceptance of work or payment for work shall not constitute a waiver of any portion or any provision of this

17. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement.

18. INSURANCE.

18.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, DESIGN CONSULTANT must procure and maintain, for the duration of this Agreement, the types and limits of insurance below (“Basic Insurance Requirements”).

18.1.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than $1,000,000 per occurrence.

18.1.2 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.

18.1.3 Commercial general liability insurance, unless otherwise approved by CITY’s Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must:

18.1.3.1 Provide contractual liability coverage for the

terms of this Agreement;

18.1.3.2 Provide products and completed operations

coverage;

18.1.3.3 Provide premises, operations, and mobile

equipment coverage; and

18.1.3.4 Contain an additional insured endorsement in

favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.

18.1.4 Workers' compensation insurance with limits of not less than

$1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, DESIGN CONSULTANT must submit to CITY the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, DESIGN CONSULTANT is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.

18.2 General Provisions Applying to All Insurance Types.

18.2.1 All policies required of DESIGN CONSULTANT must be written on a first-dollar coverage basis, or contain a deductible provision. Subject to CITY’s advance approval, DESIGN CONSULTANT may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured.

18.2.2 Except for professional liability insurance, all policies required of DESIGN CONSULTANT must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of DESIGN CONSULTANT’s insurance and must not contribute with it.

18.2.3 The insurance required above, except for workers’

compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in writing.

18.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.

18.2.5 Full compensation for all premiums which the DESIGN

CONSULTANT is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance.

18.2.6 It is further understood and agreed by DESIGN CONSULTANT that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by DESIGN CONSULTANT in connection with this

18.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for DESIGN CONSULTANT, and all subcontractors must agree in writing to be bound by the provisions of this section.

19. THIRD PARTY CLAIMS. In the case of public works contracts CITY will timely notify DESIGN CONSULTANT of third party claims relating to this contract.

CITY shall be allowed to recover from DESIGN CONSULTANT, and DESIGN CONSULTANT shall pay on demand, all costs of notification.

20. INDEMNITY.

20.1 DESIGN CONSULTANT shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from DESIGN CONSULTANT’s negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DESIGN CONSULTANT or DESIGN CONSULTANT’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.

20.2 To the extent Civil Code Section 2782.8 is applicable to this

Agreement, the DESIGN CONSULTANT shall indemnify, defend and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of DESIGN CONSULTANT. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with other parties regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in this section. This section shall not be waived or modified by contractual agreement, act, or omission of the parties.

21. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.

22. CONFIDENTIALITY. During the term of this Agreement, DESIGN CONSULTANT may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, DESIGN CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents DESIGN CONSULTANT prepares and confidential information given to DESIGN CONSULTANT under this Agreement are the exclusive property of CITY. Under no circumstances shall any such information or documents be removed from CITY without CITY’s prior written consent.

23. ACCOUNTING RECORDS. DESIGN CONSULTANT shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at DESIGN CONSULTANT’s office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.

24. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.

25. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

27. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

28. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.

29. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

30. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.

31. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.

32. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.

33. NEWS RELEASES/INTERVIEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by DESIGN CONSULTANT shall be prohibited unless authorized by CITY.

34. NON-INTEREST. No CITY officer or employee shall hold any interest in this

Agreement (California Government Code section 1090).

35. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:

CITY: CITY OF BAKERSFIELD

CITY HALL

1600 Truxtun Avenue Bakersfield, California 93301

DESIGN CONSULTANT: ____________________________

36. RESOURCE ALLOCATION. All CITY obligations under the terms of this

Agreement are subject to the appropriation and allocation of resources by the City Council.

37. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by DESIGN CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.

38. TAX NUMBERS.

DESIGN CONSULTANT’s Federal Tax ID Number DESIGN CONSULTANT is a corporation? Yes No

(Please check one.)

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.

“CITY” “DESIGN CONSULTANT”

CITY OF BAKERSFIELD (COMPANY NAME)

By: By:_________________________________

KAREN GOH, Mayor Type or Print Name:

Title:

APPROVED AS TO CONTENT:

WATER DEPARTMENT

By:

DANIEL MALDONADO

Water Director

[Signatures on Following Page]

APPROVED AS TO FORM:

VIRGINIA GENNARO

City Attorney

(NAME & TITLE)

Insurance: __________

COUNTERSIGNED:

RANDY MCKEEGAN

Finance Director

Attachments: Exhibits A, B, and C

“I have received and reviewed the sample DESIGN CONSULTANT’S AGREEMENT including the INDEMNITY clause which was sent to me with the City’s RFQ/P. My signature below shall signify our firm’s acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFQ/P. This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates established for this contract.”

Signature: _____________________________________ Date: ____________________

Attachment #3

Request for Information Form WWTP No. 2 and WWTP No. 3 Phase 0 Projects

Water Department - Wastewater Division

BIDDING QUESTION TO: City of Bakersfield, Water Department 6901 McCutchen Road, Bakersfield, CA 93313 Attention: Evette Roldan, Assistant Water Director E-Mail: eroldan@bakersfield.gov NOTE: All questions must be received by the City in written form on the form provided no later than

10:00 A.M. ten calendar days prior to the scheduled RFQ/P due date. This will allow time to respond to the question and/or to issue an addendum to all consultants addressing the question.

Questions received after the above set due date will not be acknowledged. The form may be sent via facsimile, postal service, hand delivery or email. The City encourages sending the written request via email to expedite the process.

Date Submitted: Submitted by: Consultant:

Contact Person:

Address:

Telephone Number:

E-Mail:

QUESTION:__________________________________________________________________________

RESPONSE: Date:_________ Answered by: Name Company

City of Bakersfield Approval of Response by: Date:

Addendum Required: YES___________ NO ______________ mailto:eroldan@bakersfield.gov

Attachment #4

Wastewater Treatment Plant No. 2

Phase 0 Project Recommendations

Plant 2 does not currently meet the effluent limits required in the City’s waste discharge permit due to the condition of existing equipment. Phase 0 includes the recommended improvements to rehabilitate the existing processes at Plant 2 to meet the City’s waste discharge permit water quality limits as described below (Figure 4-1).

1. Preliminary Treatment

a. Construct a new influent pump station (1,000 ft2).

b. Install two (2) stacked-tray (18-foot diameter, each) and a new classifier structure

(2,100 ft2).

c. Demolish existing influent pump station and aerated grit chamber.

2. Primary Treatment

a. Modify Distribution Box No. 1 to manage peak flow.

b. New scum pump station.

c. Construct new pipeline to convey secondary sludge to the digesters instead of to the headworks.

d. Add CEPT to the primary clarifiers.

3. Secondary Treatment

a. Replace the distributor mechanisms and media at all three (3) existing trickling filters.

b. Install four (4) forced air fans at each trickling filter; twelve (12) forced air fans total.

4. Solids Treatment

a. Install two (2) rotary drum thickeners including sludge pumps and piping.

b. Rehabilitate Digester No. 1 and bring it into operation.

c. Install a new digester gas flare. Current California air quality regulations require ultra-low NOx flares and H2S removal (e.g., SulfaTreat).

d. Construct a new thickening building (3,000 ft2).

5. Electrical and Instrumentation. Replace the existing electrical and instrumentation equipment.

6. Non-Process Facilities

a.…