Request for Qualifications (RFQ)
Consulting Services for PFAS Treatment Program
City of Bakersfield – Water Department
Bakersfield, California
August 19, 2025
Consultants wishing to be considered for this project should thoroughly read this Request for Qualifications (RFQ). 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 VI . As required by section IX, a signed copy of the enclosed sample agreement must be submitted with a SOQ.
I. GENERAL PROJECT DESCRIPTION AND REQUIREMENTS
In April 2024, the Environmental Protection Agency ( EPA) finalized the PFAS National Primary Drinking Water Regulation (NPDWR), establishing enforceable Maximum Contaminant Levels (MCL) for six PFAS compounds, including a limit of 4 parts per trillion (ppt) for both PFOA and PFOS. Under this regulation, the City of Bakersfield (City) is required to achieve full regulatory compliance by April 26, 2029.
The City owns approximately 65 active domestic water wells , which are operated by California Water Service, that supply potable water to the City’s drinking water distribution system. The City is issuing this Request for Qualifications (RFQ) to solicit qualifications from experienced engineering firms to provide design services for PFAS treatment at 9 well sites. These sites selected were identified through preliminary sampling that indicated concentrations of PFAS exceeding the MCL established by the EPA.
The primary objective of this RFQ is to select one or more qualified engineering consultants to support the City in planning and implementing a PFAS Treatment Program. The selected consultant(s) will be responsible for evaluating each well site for suitable treatment media and designing PFAS treatment systems that comply with current EPA MCL limits.
The PFAS Treatment Program is divided into two phases, with Phase 1 covering four well sites and Phase 2 covering five. Each site will require a separate treatment design. This RFQ pertains solely to Phase 1. The City reserves the right to award Phase 2 work to the selected Phase 1 Consultant, contingent upon satisfactory performance.
Existing treatment systems are present at some sites for constituents such as arsenic , hydrogen sulfide ( H2S), and 1,2,3-Trichloropropane (TCP) . The type, configuration, and capacity of these systems vary by location and should be considered in the proposed PFAS treatment design.
A non- mandatory project site visit for the Phase 1 wells is scheduled for September 2, 2025, at 10:00 A .M., starting at the Water Resources Office, 1000 Buena Vista Rd, Bakersfield, CA 93311. While attendance is not required, the City strongly recommends that all interested consultants participate.
The selected consultant will be expected to provide comprehensive design services in accordance with City standards, including the preparation of plans, specifications, and bid documents. In addition to design development, the consultant will be required to provide technical support during bidding and construction phases of the project.
RFQ – Consulting Services for PFAS Treatment Program
The City’s intent in developing this RFQ 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.
• Consultant is a firm hired by the City to provide the services described in this RFQ. • For the purpose of this RFQ, 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 have professional staff to provide all the services necessary for the project as defined in Section I of this RFQ. At a minimum, the Consultant’s team shall include a California registered civil engineer experienced in municipal groundwater supply well design, permitting, and construction, as well as familiarity with PFAS treatment technologies, California Division of Drinking Water permitting protocols and NPDWR.
Overall, the CONSULANT shall be responsible for creating a bid package, including plans and specifications
DESIGN PHASE
1. Attend a project review meeting with City staff to review the project and City procedures and standards.
2. Submit preliminary plans and specifications at 30% and 60% completion. City staff will review and provide comments.
3. Submit plans, specifications, and bid documents at 90% completion. City staff will review and provide comments. CONSULTANT shall also submit a preliminary engineer’s estimate for construction costs.
4. Submit plans, specifications, and bid documents at 100% completions with a preliminary schedule for bidding phase and construction phase. CONSULTANT shall also submit a final engineer’s estimate for construction costs.
5. The plans, specifications and bid documents shall be adequate for obtaining construction bids in accordance with all applicable regulations and requirements of the State of California and the City of Bakersfield. Specifications for each project must be based on the most current version of the City’s boiler plate at the time the project is issued for bids.
6. Attend a project status meeting with City staff to discuss the plans and the construction of the project.
7. Furnish to the City the originals of the approved Construction Plans, Specifications and Bid Documents and Engineer's Estimate. All drawings must be provided in hard copy and electronic format which can be integrated directly with existing information in the City’s CAD System.
RFQ – Consulting Services for PFAS Treatment Program
BIDDING PHASE
1. Respond to contractors' questions regarding the plans and specifications.
2. Prepare modifications to the Plans and/or Specifications as necessary to support City in preparing and issuing addenda.
CONSTRUCTION PHASE
1. Review and approve Contractor's submission of product data and shop drawings as required.
2. Furnish general observation of construction work and on- site consulting service as required by the City.
3. 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.
4. Assist in performing a final inspection service of the completed construction and prepare a list for the City, if necessary, of items to be corrected prior to accepting the project as constructed.
5. Prepare and submit to the City one set of reproducible record drawings reflecting changes made during construction.
When the contracted work is accepted by the City, all completed reports, documents, studies, CAD drawings, and technical data 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
1. The C ity will provide a general description of the project site, its location and boundaries.
2. The City will provide copies of C ity’s available record drawings of existing facilities .
The C ity makes no warranty that record drawings for additional existing improvements are available.
3. The City will provide copies of any relevant studies previously completed.
4. The City will provide access to Water Department personnel to support field understanding of well site operations.
RFQ – Consulting Services for PFAS Treatment Program
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 shall assume a “Notice to Proceed” will be issued in late November 2025, and shall identify estimated dates for 30%, 60%, 90%, and final (100%) deliverables.
Event Date
RFQ Released August 19, 2025
Non-Mandatory Project Site Visit September 02, 2025 at 10:00 a.m.
SOQs Due September 26, 2025 by 3:00 p.m.
Notification Letters Sent Out October 03, 2025
Firms on Shortlist Interviewed and Submit Sealed Proposal October 17, 2025 Final Results Sent Out / Selected Firm Notified October 24, 2025 Anticipated City Council Meeting November 19, 2025
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 design 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 who will be responsible for the project.
D. Name and relevant experience of the Proposer’s key personnel who will work on the project.
E. A list of comparable municipal water quality treatment projects the Proposer has been involved in over the past ten years, including but not limited to projects involving PFAS or other emerging contaminants. The list should include at least three different clients and should provide the following information for each project:
1. Project 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.
RFQ – Consulting Services for PFAS Treatment Program
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. A statement of why you believe your firm should be selected for this project.
G. A list of Proposer’s claims history since January 1, 2020.
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.
H. 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. SUBMITTAL OF STATEMENT OF QUALIFICATIONS
Consultants responding to this RFQ must include the following items in their submittal package:
A. Three (3) copies of Proposer’s SOQ;
B. One (1) copy of the completed “General Information Sheet” (Att achment #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);
RFQ – Consulting Services for PFAS Treatment Program
The submittal items must be placed into a sealed envelope bearing PROPOSER’s name and the words
Statement of Qualifications for
Consulting Services for PFAS Treatment Program
Water Department
Bakersfield, California
Before 3:00 p.m. on Friday, September 26, 2025, the submittal package must be delivered to:
Henry Kouyoumdjian, Engineer II
Water Resources Division
1000 Buena Vista Road
Bakersfield, California, 93311
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 may be considered non-responsive and rejected without evaluation.
Submittals received after the deadline or at the wrong location will be considered non - responsive. Fax copies will not be accepted.
VII. 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.
Consultants submitting an SOQ must provide verifiable evidence in their submittal demonstrating that they have extensive current and past experience providing the services 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..
The City will evaluate the Proposer based on the following items:
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 including:
a. The Proposer's experience and past performance on comparable projects for the City and other agencies;
b. The Proposer's available resources and capability to perform the required services within the required time frames;
c. 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.
RFQ – Consulting Services for PFAS Treatment Program
E. Proposer's submittal and subjective statements.
After reviewing the SOQ’s submitted by interested firms, the C ity will develop a “short list” of firms to be invited to an interview and to prepare a fee proposal (City will issue a Request for Fee Proposal to each firm with further instructions regarding the fee proposal) .
Upon completion of the interviews, the “short listed” firms will be ranked by qualifications.
Then an evaluation of the fee proposals submitted at the interviews will be used as secondary consideration in selecting a Consultant for the project.
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.
VIII. 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 P roposer 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.
IX. CONTRACT DOCUMENTS
A sample copy of the City's DESIGN CONSULTANT AGREEMEN T is included as Attachment #2. Please review the agreement carefully. This is the contract the C onsultant 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.”
RFQ – Consulting Services for PFAS Treatment Program
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 CONSULTA NT’S AGREEMENT including the INDEMNITY clause which was sent to me with the City’s RFQ. 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 . 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 ret aining 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.
X. 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:
Henry Kouyoumdjian, Engineer II
Water Resources Division
1000 Buena Vista Road
Bakersfield, CA 93311
Voice Phone: 661-326-3622
Email: [email protected]
Attachment #3 “Request for Information Form” should be used when submitting questions.
XI. ATTACHMENTS TO THIS RFQ
The following documents are attachments to this RFQ:
Attachment #1 – General Information Sheet
Attachment #2 – Sample Agreement
Attachment #3 – Request for Information Form
Attachment #1
General Information Sheet
Consulting Services for PFAS Treatment Program
City of Bakersfield – Water Department
Bakersfield, California
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 RFQ – Consulting Services for PFAS Treatment Program
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.
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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.
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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 RFQ – Consulting Services for PFAS Treatment Program
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 Agreement.
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;
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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.
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18.2.2 Except for professional liability insurance, a ll 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
Agreement.
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.
RFQ – Consulting Services for PFAS Treatment Program
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, RFQ – Consulting Services for PFAS Treatment Program
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.
RFQ – Consulting Services for PFAS Treatment Program
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
RFQ – Consulting Services for PFAS Treatment Program
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:
KRISTINA BUDAK
Water Director
[Signatures on Following Page]
RFQ – Consulting Services for PFAS Treatment Program
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
MATTHEW COLLOM
Deputy City Attorney I
Insurance: __________
COUNTERSIGNED:
By:
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. 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 . 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: ____________________
Request for Information Form
Consulting Services for PFAS Treatment Program
Water Department
BIDDING QUESTION TO: City of Bakersfield, Water Department 1000 Buena Vista Road, Bakersfield, CA 93311
Attention: Henry Kouyoumdjian, Engineer II
E-Mail: [email protected]
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 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 ______________
RFQ (NON-MANDATORY) PRE-BID JOB WALK
Consulting Services for PFAS Treatment Program – Phase 1 (26WDWR03) September 2, 2025 at 10:00 am
1. Sign in sheet
2. Project Overview and Expectations
This project involves the design of PFAS treatment facilities for (9) total wells. The 1 st phase consists of at (6) sites within the City’s domestic water system.
a. We will plan to visit 6 sites for phase 1: CBK-26, -31, -9, -8, -33, -43 (On separate sheet)
b. Some sites have existing vessels for treatment of either (H2S, AS, and TCP).
c. On a previous PFAS project, where the system already had TCP treatment in place, the City upgraded the treatment by replacing the coconut -based GAC with coal -based GAC.
This change improved the system’s performance against PFAS.
To stay within the required contact time, the flow capacity had to be reduced. To offset that, the existing vessels were refabricated with greater height to maintain capacity. In addition, Variable Frequency Drives were implemented to allow more flexibility for future operations.
d. In general, looking for consultants to assist in:
i. Design Phase – Bid Package (Plans + Specs) at 30%, 60%, 90%, and 100%
1. Including assisting CalWater with DDW permitting items at early stages.
ii. Bidding Phase – Respond to contractors RFIs / prepare addendums as needed
iii. Construction Phase – Review of Submittals, CCOs, lingering RFIs
3. Highlights of the Contract Documents
a. SOQs Due September 26, 2025, at Water Resources office by 3:00 pm. (Friday)
b. There is a sample agreement attached which the consultant will be expected to execute without alterations. If any changes are desired, must be submitted to City for approval prior to bid opening.
c. Question can be submitted through an RFI – Request for Information (Page 22 of RFQ) at least Ten days prior to bid opening… approximate last day for RFI is Tuesday 9/16. i. Any verbally proposed changes are not final until an addendum is issued by the City – which can be accessed through the PlanetBids website. ii. Issued as Addendum No. ______.
4. Any Questions? Although strongly encourage you to submit formal RFI.
5. Job walk
a. Existing facilities.