CITY OF GROVER BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
Placement: Consent
Meeting Date: January 26, 2026
TO: Honorable Mayor and City Council
FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Assistant City Manager
SUBJECT: Contract for Professional Consultant Services for a Long-Term Water Supply Study
RECOMMENDATION
Award a contract for professional consultant services to conduct a long-term water supply study in the amount of $271,515 to Confluence Engineering Solutions; authorize the City Manager to sign and affirm amendments up to 10% of the contract amount; and authorize the Mayor to execute the contract on behalf of the City.
BACKGROUND
The Council approved conducting a long-term water supply study as part of the FY 2025-26 budget to provide information about the City’s long-term water supply needs and options for obtaining additional water supply as part of the Council Priority of Water and Sewer Infrastructure.
Staff shared a draft scope of work for this study with the Council as part of a water system update on September 8, 2025 and on October 15, 2025, the City issued a Request for Proposals seeking professional consultant services to conduct this study. The City requested services to conduct a complete assessment of the City’s existing water supply and water demand forecast, provide a comprehensive analysis of additional water supply alternatives and a long-term sustainable water supply strategy, and provide an analysis of water supply project funding opportunities. The requested services also included communications, public engagement and outreach, and stakeholder coordination in development of the study.
The City received two proposals by the proposal deadline of December 19, 2025 from Confluence Engineering Solutions and Exodus Water Services. A selection committee scored the proposals and selected Confluence Engineering Solutions, based on their experience with regional water issues and project approach. Pending award of the contract (see Attachment 1), work on the study will begin in February with public engagement and outreach work anticipated to being this spring.
Preliminary results of the study are anticipated to be presented to the Council in mid-2026 with a final report at the end of 2026. This study will inform future work to improve the City’s water system including an updated water rate study planned for 2027 following the expiration of the existing rate structure in 2026.
FISCAL IMPACT
Funding for this contract is included in the FY 2025-26 Water Fund budget.
Staff Report: Contract for Long-Term Water Supply Study Page 2 January 26, 2026
Multi-Year Goals
☐ Public Safety and Community Services ☐ Economic Development and Housing ☐ Community Infrastructure ☐ Financial and Organization Sustainability Council Priorities
☒ Water & Wastewater Infrastructure ☐ Community Engagement
ALTERNATIVES
The Council has the following alternatives to consider:
1) Award a contract for professional consultant services to conduct a long-term water supply study in the amount of $271,515 to Confluence Engineering Solutions; authorize the City Manager to sign and affirm amendments up to 10% of the contract amount; and authorize the Mayor to execute the contract on behalf of the City; or 2) Do not award a contract for professional consultant services; or 3) Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
ATTACHMENTS
1. Contract
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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
FOR LONG-TERM WATER SUPPLY STUDY
BETWEEN THE CITY OF GROVER BEACH, CALIFORNIA
AND CONFLUENCE ENGINEERING SOLUTIONS, INC.
THIS AGREEMENT is made and entered into effective _______________ (“Effective Date”), by and between the CITY OF GROVER BEACH, a California municipal corporation (hereinafter referred to as "CITY"), and CONFLUENCE ENGINEERING SOLUTIONS, INC. (hereinafter referred to as "CONSULTANT").
CITY and CONSULTANT are referred to herein singularly as a “Party” and collectively as “Parties.”
RECITALS
WHEREAS, CITY desires to obtain professional services for the development of a long-term water supply study (hereinafter referred to as the “PROJECT”), more specifically identified in the Proposal, Scope of Work and Fee Schedule, jointly attached as “Exhibit A” to this Agreement, and incorporated herein by reference; and
WHEREAS, CONSULTANT is engaged in the business of water supply and solutions analysis and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and
WHEREAS, this Agreement sets forth the terms and conditions under which CONSULTANT shall provide professional services, to be paid by the City; and WHEREAS, this Agreement will be administered for CITY by the Director of Public Works, (hereinafter referred to as “DIRECTOR”) or his/her designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, promises and agreements herein contained to be kept and performed by the respective Parties, it is mutually agreed as follows:
ARTICLE I. SCOPE OF SERVICES
CONSULTANT shall complete said PROJECT described herein, and more fully described in Exhibit A, diligently; to the best of their talents, skills, and expertise; and in accordance with local, State and Federal laws. This shall include all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A.
ARTICLE II. COMPENSATION AND PAYMENT
A. CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be in an amount not to exceed $271,515.00 Any annual modification to the fee structure as defined in Exhibit A, shall be subject to this not-to-exceed amount of Two Hundred Seventy-One Thousand, Five Hundred Fifteen dollars ($271,515.00) unless mutually agreed upon and amended by both Parties in a written amendment to this Agreement. CONSULTANT is not entitled to, nor will CONSULTANT receive any additional consideration, compensation, or other remuneration.
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B. CONSULTANT shall invoice CITY on a monthly basis, via detailed statement, which will be processed and payable in the normal course of CITY business, typically within thirty (30) days of receipt of an invoice unless otherwise identified in this Agreement. The CITY agrees to pay CONSULTANT in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks above. CONSULTANT shall support its costs by properly executed payrolls, time records, attendance records, billing statements, contracts, detailed ledgers, vouchers, orders, or any other documents pertaining in whole or in part to this Agreement.
C. The Parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to CONSULTANT’S compensation. Any change in the scope of services must be made by written Contract Amendment to the Agreement signed by an authorized representative for each Party. CONSULTANT shall not be entitled to any additional compensation if services are performed prior to a signed written Contract Amendment.
D. At any time prior to issuance of final payment, the CITY may conduct a cost audit of CONSULTANT’S invoices/statements. Any payment may be reduced by amounts found by CITY not to constitute allowable costs and/or adjusted for prior overpayments or underpayments. Upon CONSULTANT’S compliance with all terms of this Agreement, CITY shall promptly pay any balance of allowable costs.
ARTICLE III. TERMINATION, REMEDIES, FORCE MAJEURE AND CONSOLIDATION OF DISPUTES A. This Agreement commences on the Effective Date and shall remain and continue in effect until all tasks described herein are completed, (“Term”), unless otherwise terminated sooner in accordance with the provisions of this Agreement.
B. This Agreement shall terminate without any liability of CITY to CONSULTANT upon the earlier of:
(i) CONSULTANT’S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; (ii) Seven (7) calendar days written notice, with or without cause, by either the CITY or CONSULTANT; or
(iii) Expiration of this Agreement.
C. Upon any termination or expiration of this Agreement, CONSULTANT shall (i) Immediately stop all work hereunder;
(ii) Immediately cause any and all of its subcontractors to cease work; and (iii) Return to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided.
D. In the event of termination due to failure of CONSULTANT to satisfactorily perform in accordance with the terms of this Agreement, CITY may withhold an amount that would otherwise be payable as an offset to, but not in excess of, CITY’S damages caused by such failure. In no event shall any payment Docusign Envelope ID: 913C2E13-E8D1-41FB-BBB5-60CB47AA7A32
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by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of CONSULTANT, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach.
E. Upon any breach of this Agreement by CONSULTANT, CITY may:
(i) Exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) Proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) Recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience.
F. CONSULTANT shall provide CITY with adequate written assurances of future performance, upon the request of the Director or his/her designee, in the event CONSULTANT fails to comply with any terms or conditions of this Agreement.
G. CONSULTANT shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of CONSULTANT and without its fault or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. CONSULTANT shall notify the Director or his/her designee in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Director or his/her designee of the cessation of such occurrence.
H. CONSULTANT agrees that, notwithstanding any contrary provision in this Agreement, any dispute arising from or relating to this Agreement (including, without limitation, disputes based on contract, tort, equity or statute) may, at CITY’S option, be joined and consolidated with any other dispute or disputes arising from or relating to the PROJECT so that all disputes arising from or relating to the PROJECT may be resolved in a single proceeding. CONSULTANT hereby specifically waives any objection it may otherwise have to such joinder and consolidation and specifically consents to mediation, arbitration or any other dispute resolution mechanism, forum or proceeding necessary to effectuate the joinder and consolidation contemplated by this provision.
ARTICLE IV. CONFIDENTIAL INFORMATION, OWNERSHIP OF DOCUMENTS AND COPYRIGHT LICENSE A. All CITY information disclosed to CONSULTANT during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by CITY, or required by law. Upon termination of this Agreement, CONSULTANT shall turn over to CITY all records related to the Services provided to this Agreement.
B. CONSULTANT agrees to keep confidential the Services performed under this Agreement.
CONSULTANT agrees not to post on social media, the internet, or otherwise publish the Services performed under this Agreement without express written consent by the CITY.
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C. Any reports, information, or other data prepared or assembled by CONSULTANT pursuant to this Agreement shall not be made available to any individual or organization by CONSULTANT without the prior written approval of CITY. During the Term of this Agreement, and thereafter, CONSULTANT shall not, without the prior written consent of CITY, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of CITY, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information developed pursuant to this Agreement, disclosed or submitted, orally, in writing, or by any other medium or media, (otherwise referred to as “work”). All Confidential Information shall be and remain confidential and proprietary in CITY.
D. CONSULTANT shall not reproduce (such as photographs and prints), duplicate, distribute reproductions, or incorporate into any trademark or service mark, the work without the prior written consent of CITY.
Any rights of the CONSULTANT in the work terminate upon the death of such CONSULTANT and do not extend to such CONSULTANT’S heirs, successors or assigns.
E. Title to the work shall pass to CITY upon final acceptance by CITY. CITY reserves the right to donate, transfer or sell the work or any portion thereof. CITY shall have the exclusive right to publicly display the work and shall have a license to reproduce (such as photographs and prints) or create three-dimensional reproductions of the work for any noncommercial purpose (including, but not limited to, books, slides, postcards, film, Internet sites, reproductions for advertising, and other media). Prior to public display, the CITY shall consider the sensitive nature and potential security risk of releasing the information to the general public. Such reproductions shall contain if legally necessary a copyright notice. Reproductions for commercial purposes are only to be made with the mutual written consent of CONSULTANT and CITY.
All references and reproductions or adaptations of the work will credit the work to the CONSULTANT unless CONSULTANT requests to the contrary. CITY reserves the right to modify,remove and/or relocate the work at any time, and after consultation with CONSULTANT, shall have the right to determine when and if modifications, repairs and/or restorations are needed. If City makes modifications, repairs or restoration not approved by the CONSULTANT, the CONSULTANT shall have the right to sever its association with the work. CONSULTANT agrees to give CITY written notice prior to asserting any claim pertaining to the work, and CITY shall have not less than 90 days from the date of receipt of claim to cure any such claim. CITY may incorporate the work into any trademark or service mark to be utilized by CITY to register the same in accordance with Federal, state or local law.
F. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Article (IV).
This Article (IV) shall survive expiration or termination of this Agreement.
ARTICLE V. PROFESSIONAL SKILL
It is further mutually understood and agreed by and between the Parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and perform such services in a skillful manner and CONSULTANT agrees to thus Docusign Envelope ID: 913C2E13-E8D1-41FB-BBB5-60CB47AA7A32
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perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by CITY shall not operate as a release of CONSULTANT or any subcontractors from said professional standards.
ARTICLE VI. INDEMNIFICATION AND DEFENSE
A. Indemnification and Defense for Professional Services: To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and any and all of its officers, officials, employees, agents and volunteers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’S duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’S proportionate percentage of fault.
CONSULTANT’S percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’S percentage of fault, the Parties agree to mediation with a third party neutral to determine the CONSULTANT’S proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
B. For All Other Liabilities: Notwithstanding the foregoing and without diminishing any rights of CITY under this Article (VI), for any liability, claim, demand, allegation against CITY arising out of, related to, or pertaining to any act or omission of CONSULTANT, but which is not a design professional service, CONSULTANT shall defend, indemnify, and hold harmless CITY, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the CITY, except for the sole or active negligence of, or willful misconduct of the CITY.
C. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This Article (VI) shall survive termination or expiration of this Agreement.
ARTICLE VII. INSURANCE
A. Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit B, attached and incorporated into and part of this Agreement by reference, with an insurance company(ies) either:
(i) Admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide; or (ii) As may be authorized in writing by CITY'S Administrative Services Director, or his/her successor, or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein.
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B. If at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this Article (VII) shall in any way relieve CONSULTANT of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
C. The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
D. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with CONSULTANT and CITY prior to the commencement of any services by the subcontractor. CONSULTANT and any subcontractor/sub-consultant shall establish additional insured status for CITY, its officers, officials, employees, agents and volunteers.
E. Certificates of Insurance and properly executed endorsements in a form acceptable to the CITY evidencing the coverage required by the clauses set forth above shall be filed with the CITY at the time of execution of this Agreement. Each such policy shall be endorsed with the following language, except as otherwise provided:
(i) The City is named as additional insured for all liability arising out of the operations by or on behalf of the named insured, and this policy protects the additional insured, its officers, agents, and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly or indirectly, in the performance of the contract. (For Public Liability Only)
(ii) The insurance provided is primary and no other insurance held or owned by the CITY shall be called upon to contribute to a loss.
(iii) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured.
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(iv) The coverage provided by this policy shall not be canceled, non-renewed, or substantially reduced in amount or scope, without thirty (30) days prior written notice given to CITY by certified mail. (v) All rights of subrogation are hereby waived against the CITY, its officers, and employees when acting within the scope of their appointment or employment.
ARTICLE VIII. CONFLICT OF INTEREST AND NON-SOLICITATION A. Prior to CITY’S execution of this Agreement, CONSULTANT shall complete a City of Grover Beach Conflict of Interest Disclosure Statement in the form attached as Exhibit C, and incorporated herein by reference. During the Term of this Agreement, CONSULTANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULTANT in such statement.
B. CONSULTANT shall comply, and require its subcontractors to comply, with all applicable (i) Professional canons and requirements governing avoidance of impermissible client conflicts; and
(ii) Federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.).
At any time, upon written request of CITY, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSULTANT and the respective subcontractor(s) are in full compliance with all laws and regulations. CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts in writing.
C. In performing the work or services to be provided hereunder, CONSULTANT shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council, commission, board, committee, or similar CITY body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
D. CONSULTANT represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
E. Neither CONSULTANT, nor any of CONSULTANT’S subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. CONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third-party in connection with this PROJECT unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing.
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F. If CONSULTANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSULTANT shall include the provisions of this Article in each subcontract and require its subcontractors to comply therewith.
This Article (VIII) shall survive termination or expiration of this Agreement.
ARTICLE IX. GENERAL TERMS
A. Except as otherwise provided by law, all notices expressly required of CITY within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or his/her designee.
B. Records of CONSULTANT’S expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three (3) years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of CONSULTANT pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to CITY until such action is resolved, or until the end of said time period whichever shall occur later. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this paragraph. This Article IX section (B) shall survive expiration or termination of this Agreement.
C. Prior to execution of this Agreement by CITY, CONSULTANT shall have provided evidence to CITY that CONSULTANT is licensed to perform the services called for by this Agreement (or that no license is required). CONSULTANT and any subcontractors shall agree to obtain any local licensing or certifications necessary to perform services within the City, including but not limited to City Business Tax Certificates. If CONSULTANT should subcontract all or any portion of the work or services to be performed under this Agreement, CONSULTANT shall require each subcontractor to provide evidence to CITY that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work.
ARTICLE X. NONDISCRIMINATION
To the extent required by controlling federal, state and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, CONSULTANT agrees as follows:
A. CONSULTANT will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or Docusign Envelope ID: 913C2E13-E8D1-41FB-BBB5-60CB47AA7A32
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be subject to discrimination under any program or activity made possible by or resulting from this Agreement.
B. CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, gender identification, status as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, gender identification, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to CONSULTANT’S employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
C. CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
D. CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of CONSULTANT’S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
E. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Article (X).
ARTICLE XI. INDEPENDENT CONTRACTOR
A. In the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venture, partner or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof.
B. This Agreement is not evidence of a partnership or joint venture between CONSULTANT and CITY.
CONSULTANT shall have no authority to bind CITY absent CITY’S express written consent. Except to the extent otherwise provided in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof.
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C. Because of its status as an independent contractor, CONSULTANT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, CONSULTANT shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT'S employees, including, without limitation:
(i) Compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and
(ii) Any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the Term of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to this Agreement.
ARTICLE XII. NOTICES
All notices, including notices of address changes, required to be sent hereunder shall be in writing and shall be deemed to have been given when mailed to the addresses listed below:
A. CITY: City of Grover Beach, Greg Ray, Director of Public Works, 154 South Eighth Street, Grover Beach, CA 93433
B. CONSULTANT: Daniel Heimel, President/Principal Engineer, Confluence Engineering Solutions, PO Box 7098, Los Osos, CA 93412
ARTICLE XIII. BINDING
Subject to Article XIV, below, once this Agreement is signed by all Parties, it shall be binding upon, and shall inure to the benefit of, all Parties, and each Party's respective heirs, successors, assigns, transferees, agents, servants, employees and representatives.
ARTICLE XIV. ASSIGNMENT
A. This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights or obligations under this Agreement without the prior written approval of the Grover Beach City Council. Any attempted assignment by CONSULTANT, its successors or assigns, shall be null and void unless approved by the Grover Beach City Council.
B. CONSULTANT hereby agrees not to assign the payment of any monies due to CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due to CONSULTANT directly to CONSULTANT.
ARTICLE XV. COMPLIANCE THE LAW
In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the Term of this Agreement.
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ARTICLE XVI. WAIVER
The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all Parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
ARTICLE XVII. GOVERNING LAW AND VENUE
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be San Luis Obispo County, California.
ARTICLE XVIII. HEADINGS
The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement.
ARTICLE XIX. SEVERABILITY
The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions.
ARTICLE XX. INTERPRETATION
The Parties acknowledge that this Agreement in its final form is the result of the combined efforts of the Parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either Party, but rather by construing the terms in accordance with their generally accepted meaning. Accordingly, any rule of law, including, but not limited to, Section 1654 of the Civil Code of California, or any other statutes, legal decisions, or common-law principles of similar effect, that would require interpretation of any ambiguities in this Agreement against the party that drafted this Agreement is of no application and is hereby expressly waived.
ARTICLE XXI. ATTORNEY’S FEES
If either Party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing Party in such proceeding or action shall be entitled to recover from the other Party its reasonable attorney's fees and legal expenses.
ARTICLE XXII. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by reference, incorporated into and made a part of this Agreement
ARTICLE XXIII. PRECEDENCE OF DOCUMENTS
In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions Docusign Envelope ID: 913C2E13-E8D1-41FB-BBB5-60CB47AA7A32
rev 5-2025
contained within any Exhibit or Attachment attached hereto, which purport to modify the allocation of risk between the Parties, provided for within the body of this Agreement, shall be null and void.
ARTICLE XXIV. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
ARTICLE XXV. NO THIRD-PARTY BENEFICIARIES
The rights, interests, duties and obligations defined within this Agreement are intended for the specific Parties as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.
ARTICLE XXVI. EXTENT OF AGREEMENT
Each Party acknowledges that they have read and fully understand the contents of this Agreement and any documents issued that resulted in selection of CONSULTANT for entry into this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and CONSULTANT.
ARTICLE XXVII. INTEGRATION
This Agreement constitutes the entire understanding and agreement of the Parties and supersedes all previous and/or contemporaneous understanding or agreement between the Parties with respect to all or any part of the subject matter hereof.
ARTICLE XVIII. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their Party to the performance of its obligations hereunder. This Agreement may be executed electronically.
ARTICLE XXIX. COUNTERPARTS
This Agreement may be executed in one or more counterparts with each counterpart being deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterparts executed by the other Parties hereto are in the physical possession of the Party or Parties seeking enforcement thereof. Digital signatures meeting the requirements of Government Code section 16.5 shall also be considered original signatures.
Docusign Envelope ID: 913C2E13-E8D1-41FB-BBB5-60CB47AA7A32
rev 5-2025
AGREEMENT SIGNATURES
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement effective as of the day and year first written above.
CITY OF GROVER BEACH
Kassi Dee, Mayor Date
Attest:
Wendi Sims, City Clerk Date
Approved as to Form:
Jennifer P. Thompson, City Attorney Date
CONFLUENCE ENGINEERING SOLUTIONS, INC.
Daniel Heimel, President/Principal Engineer Date
Attachments:
1. Exhibit A - Scope of Services and Fee Schedule
2. Exhibit B - Insurance Requirements
3. Exhibit C - Disclosure of Conflict of Interest
Docusign Envelope ID: 913C2E13-E8D1-41FB-BBB5-60CB47AA7A32 1/21/2026
1/21/2026
rev 5-2025
EXHIBIT A
PROFESSIONAL CONSULTANT SERVICES
CONSULTANT SCOPE OF WORK AND FEE SCHEDULE
Docusign Envelope ID: 913C2E13-E8D1-41FB-BBB5-60CB47AA7A32 Scope of Work
The following scope of work was prepared by the ConfluenceES Team to provide the City the services requested in the RFP. This scope is largely based on the scope of work provided in the RFP, however, the ConfluenceES Team did include modificaƟons based on our experience and understanding of the City’s needs for this project.
Task 0 Project Management
0.1 Monthly Invoicing
Prepare and provide monthly invoices and progress reports describing activities completed.
0.2 Project CoordinaƟon MeeƟngs
Prepare for and facilitate Project CoordinaƟon MeeƟngs. AcƟviƟes for this task are anƟcipated to include schedule coordinaƟon, agenda preparaƟon, meeƟng facilitaƟon, and acƟon item documentaƟon and follow-up.
It is assumed that Project CoordinaƟon MeeƟngs would occur monthly throughout the duraƟon of the project.
Task 1 Water Demand Assessment and Water Supply AlternaƟves Analysis
1.1. Data CollecƟon and Analysis
Review exisƟng water supply and demand data for the City, including the Water System Master Plan and Urban Water Management Plan.
Review exisƟng studies and concurrent studies performed by qualified consultants regarding potenƟal water supply sources in the region that could provide addiƟonal supply to the City. Review environmental, legal, physical or technological changes that could impact assumpƟons, costs, feasibility of soluƟons and resiliency of supply
1.2. Demand ForecasƟng
Develop water demand projecƟon for the next 30 years based on anƟcipated growth, development projecƟons and probability of changes in demand paƩerns. Provide a recommendaƟon for the quanƟty of addiƟonal or supplemental water supply the City will need to support projected future demand.
Provide a recommendaƟon on a water supply buffer policy to maintain a sustainable water supply.
1.3. Water Supply EvaluaƟon
Assess the City’s current water supply sources and their reliability and resiliency, including groundwater basin and Lopez Lake reservoir water sources. o Review and quanƟfy potenƟal impacts resulƟng from the Lopez Lake liƟgaƟon including modified downstream releases from Lopez Dam and impacts associated with the County’s draŌ Habitat ConservaƟon Plan for Arroyo Grande Creek. o Review groundwater supply informaƟon, including the Northern CiƟes Management Area (NCMA) reports; groundwater level reports; groundwater level response to other supply loss events; and other demands on the groundwater basin including development paƩerns and projecƟons in the Nipomo Mesa area and expansion of farming.
o Review groundwater modeling results and provide recommendaƟons on the most likely long-term reliable basin yield.
Docusign Envelope ID: 913C2E13-E8D1-41FB-BBB5-60CB47AA7A32 Incorporate climate change effects including likely drought condiƟons and other climate change impacts on exisƟng supply sources.
Develop a tailored water supply evaluaƟon model for the City to provide an analysis of the probability, frequency and extent of potenƟal water supply reducƟons.
1.4. Supplemental/AddiƟonal Water Supply AlternaƟves
Assess available and potenƟally available alternaƟve water supply sources, including but not limited to:
o ConservaƟon efforts
o DesalinaƟon
o Purchase of State Water
o Reclaimed/recycled water through either direct or indirect potable reuse o Stormwater retenƟon
o Local/Regional Transfers/Exchanges
o Other emerging water supply soluƟons
The assessment shall include a review of exisƟng and concurrent water supply studies of supply sources that might be available to the City.
Evaluate the potenƟal alternaƟves water supply sources based on reliability, resiliency, life cycle costs, and other criƟcal criteria to the City. It is assumed that up to 10 water supply alternaƟves will be evaluated.
Model the water supply reliability, resiliency and cost implicaƟons of each of the highly ranked water supply alternaƟves. It is assumed that 3 top ranked water supply alternaƟves will be modeled.
Provide a ranking of viability of potenƟal addiƟonal water supply sources to meet the needs of the City.
Provide a recommendaƟon of the supply sources the City should conƟnue to pursue. Provide a preliminary analysis of the potenƟal cost and Ɵming of the recommended sources.
1.5. Water Supply Project Funding OpportuniƟes
Provide an assessment of available grant and loan funding related to the most viable supply projects.
Assessment shall include a list of currently and potenƟally available funding sources and the feasibility of obtaining funding for each of the most viable supply projects.
Task 2 Public Engagement and Stakeholder CoordinaƟon
2.1. Strategic CommunicaƟons and Public Engagement Plan Working with City staff, our team will develop and implement a strategic communicaƟons and public engagement plan, including community meeƟngs to obtain input. The final plan will idenƟfy the total number of early partner interviews, other meeƟngs, and communicaƟons to provide ample transparency of the process, public engagement opportuniƟes, and reporƟng to the City Council and community.
Coordinate stakeholder outreach and noƟficaƟons using a maintained list of interested parƟes developed in collaboraƟon with City staff. The City will manage the interested persons contact database and be responsible for distribuƟng emails and other electronic forms of communicaƟons on City-managed channels (web, email, social).
Docusign Envelope ID: 913C2E13-E8D1-41FB-BBB5-60CB47AA7A32
2.2. Early Partner Interviews
Conduct up to four (4) early individual or small group partner interviews to inform development of the public engagement plan. Interview parƟcipants, as idenƟfied as high priority stakeholders by the City, may include representaƟves from regional agencies, community organizaƟons, environmental interests, and technical partners. Early interview parƟcipants will be idenƟfied in partnership with the City during the Public Engagement Planning process.
2.3. Webpage and CommunicaƟons Content AdministraƟon
Develop a webpage and communicaƟons content for external audiences about the study and public informaƟon events. Content development includes outreach emails and other materials as idenƟfied in the Public Engagement Plan. The City’s communicaƟon channels – web, email and social – will be uƟlized to support the public outreach efforts and the City will manage and administer communicaƟons, including social media content and email communicaƟons.
2.4. MeeƟng FacilitaƟon
Conduct/present at up to four (4) public meeƟngs, including up to two hybrid community workshops to solicit input for the plan, and up to two (2) City Council presentaƟons at key project milestones. In coordinaƟon with the project team, City will manage logisƟcs and cover the associated costs for events, including room rentals, virtual meeƟngs, etc.
Task 3 City Council RecommendaƟons/Final Report
Prepare a final report that presents informaƟon, findings and recommendaƟons in a manner that is defensible and easily understood by the public. Provide an analysis of the probability, frequency and extent of potenƟal water supply reducƟons. Provide a recommendaƟon for the quanƟty of addiƟonal or supplemental water supply the City will need to support projected future demand.
Provide a recommendaƟon for a water supply buffer policy to maintain a sustainable water supply.
Provide a short list of feasible water supply soluƟons (both short and long-term) recommended for in-depth research and consideraƟon.
Provide high-level cost esƟmates for implemenƟng potenƟal water supply soluƟons and idenƟfy the most cost-effecƟve and feasible alternaƟve water supply. Provide a conceptual design and esƟmated schedule for permiƫng, design, approval and construcƟon of the recommended alternaƟve water supply soluƟon. Provide an assessment of available grant and loan funding related to the most viable supply projects.
Docusign Envelope ID: 913C2E13-E8D1-41FB-BBB5-60CB47AA7A32 Total
Principal
Engineer
Senior
Hydrogeologist
Associate
Engineer
Total
Hours Total Labor Expenses
ConfluenceES
Total
Santiago WS
Total Total Labor Expenses
CEA Strategies
Total
Koble
Collaborative
Total Total Subs Total ODCs
$ 265 $ 245 $ 165 1%
0.1 Monthly Invoicing 14 0 7 21 $ 4,865 $ 49 $ 4,914 $ 928 $ - $ - $ - $ - $ 928 $ 93 $ 5,934
0.2 Project Coordination Meetings 17.5 0 24.5 42 $ 8,680 $ 87 $ 8,767 $ - $ 7,000 $ - $ 7,000 $ 2,400 $ 9,400 $ 940 $ 19,107 Task Total 31.5 0 31.5 63 $ 13,545 $ 135 $ 13,680 $ 928 $ 7,000 $ - $ 7,000 $ 2,400 $ 10,328 $ 1,033 $ 25,041
1.1 Data Collection and Analysis 10 15 30 55 $ 11,275 $ 113 $ 11,388 $ 2,650 $ - $ - $ - $ - $ 2,650 $ 265 $ 14,303
1.2 Demand Forecasting 5 5 30 40 $ 7,500 $ 75 $ 7,575 $ 1,325 $ - $ - $ - $ - $ 1,325 $ 133 $ 9,033
1.3 Water Supply Evaluation 20 60 120 200 $ 39,800 $ 398 $ 40,198 $ 3,975 $ - $ - $ - $ - $ 3,975 $ 398 $ 44,571
1.4 Supplemental/Additional Water Supply Alternatives 40 40 120 200 $ 40,200 $ 402 $ 40,602 $ 11,185 $ - $ - $ - $ - $ 11,185 $ 1,118 $ 52,905
1.5 Water Supply Project Funding Opportunities 5 5 20 30 $ 5,850 $ 59 $ 5,909 $ 2,650 $ - $ - $ - $ - $ 2,650 $ 265 $ 8,824 Task Total 80 125 320 525 $ 104,625 $ 1,046 $ 105,671 $ 21,785 $ - $ - $ - $ - $ 21,785 $ 2,178 $ 129,635
2.1 Strategic Communications and Public Engagement Plan 2 0 2 4 $ 860 $ 9 $ 869 $ - $ 5,250 $ - $ 5,250 $ 3,000 $ 8,250 $ 825 $ 9,944
2.2 Early Partner Interviews 12 0 4 16 $ 3,840 $ 38 $ 3,878 $ - $ 6,125 $ 1,000 $ 7,125 $ 2,000 $ 9,125 $ 913 $ 13,916
2.3 Webpage and Content Dev./Mmgt. 5 4 10 19 $ 3,955 $ 40 $ 3,995 $ - $ 5,250 $ 1,500 $ 6,750 $ 2,000 $ 8,750 $ 875 $ 13,620
2.4 Meeting Facilitation 32 0 32 64 $ 13,760 $ 138 $ 13,898 $ - $ 15,750 $ 1,000 $ 16,750 $ 5,000 $ 21,750 $ 2,175 $ 37,823 Task Total 51 4 48 103 $ 22,415 $ 224 $ 22,639 $ - $ 32,375 $ 3,500 $ 35,875 $ 12,000 $ 47,875 $ 4,788 $ 75,302 City Council Recommendations/Final Report 70 10 80 160 $ 34,200 $ 342 $ 34,542 $ 6,360 $ - $ - $ - $ - $ 6,360 $ 636 $ 41,538 Task Total 70 10 80 160 $ 34,200 $ 342 $ 34,542 $ 6,360 $ - $ - $ - $ - $ 6,360 $ 636 $ 41,538 Total 233 139 480 851 $ 174,785 $ 1,748 $ 176,533 $ 29,072 $ 39,375 $ 3,500 $ 42,875 $ 14,400 $ 86,347 $ 8,635 $ 271,515 Task 3 - City Council Recommendations/Final Report
Task 2 - Public Engagement and Stakeholder Coordination CEA Strategies
Koble
Collaborative
Task/Subtask
Task 1 - Water Demand Assessment and Water Supply Alternatives Analysis Fee Estimate
Consultant Services to Conduct Long-Term Water Supply Study City of Grover Beach
ConfluenceES Santiago WS
Task 0 - Project Management
Docusign Envelope ID: 913C2E13-E8D1-41FB-BBB5-60CB47AA7A32
rev 5-2025
EXHIBIT B
PROFESSIONAL CONSULTANT SERVICES
INSURANCE REQUIREMENTS
Without limiting CONSULTANT’S indemnification of CITY, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the Term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
Consultant shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Docusign Envelope ID: 913C2E13-E8D1-41FB-BBB5-60CB47AA7A32
rev 5-2025
Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the Term of this Agreement. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONSULTANT shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by CONSULTANT, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or selfinsurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’S own insurance or self-insurance shall be called upon to protect it as a named insured.
CITY’S rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments.
In the alternative, CITY may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’S Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the Docusign Envelope ID: 913C2E13-E8D1-41FB-BBB5-60CB47AA7A32
rev 5-2025
higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply to all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any crossliability exclusions.
Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the PROJECT who is brought onto or involved in the PROJECT by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT.
CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the PROJECT will be submitted to CITY for review.
CITY’s right to revise specifications. The CITY reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the CITY and CONSULTANT may renegotiate CONSULTANT’S compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’S performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
Docusign Envelope ID: 913C2E13-E8D1-41FB-BBB5-60CB47AA7A32
rev 5-2025
EXHIBIT C
PROFESSIONAL CONSULTANT SERVICE
CITY OF GROVER BEACH
DISCLOSURE OF CONFLICT OF INTEREST
Explanation:
Signature
Date
Name
Company
Address
Additional page(s) attached.
City, State, Zip
YES* NO
1 Are you currently in litigation with the City of Grover Beach or any of its agents?
2 Do you represent any firm, organization or person who is in litigation with the City of Grover Beach?
3 Do you currently represent or perform work for any clients who do business with the City of Grover Beach?
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Grover Beach, or in a business which is in litigation with the City of Grover Beach? 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Grover Beach employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below.
Docusign Envelope ID: 913C2E13-E8D1-41FB-BBB5-60CB47AA7A32