Simi Valley City Council
August 19, 2024

A2480.SR.MG RFP No. PW 24-10

CITY OF SIMI VALLEY

MEMORANDUM
A
ugust 19, 2024
TO
: City Council
Board of Directors of Ventura County Waterworks District No. 8 F
ROM: Department of Public Works
S
UBJECT: AWARD OF CONTRACT TO BARTLE WELLS ASSOCIATES FOR

PROFESSIONAL SERVICES TO PREPARE TWO FIVE- YEAR RATE
STUDIES FOR SANITATION AND WATERWORKS, RFP NO. PW 24-10

STAFF RECOMMENDATION
I
t is recommended that the City Council/Board of Directors award the attached contract (page 4) to Bartle Wells Associates in the amount of $186,140 for professional services to prepare two five-year rate studies for Sanitation and Waterworks, RFP No. PW 24-10.

BACKGROUND AND OVERVIEW
S
taff recommends that the City Council/Board of Directors award a contract to Bartle Wells Associates in the amount of $186,140 for professional services to prepare two five-year rate studies for Sanitation and Waterworks, RFP No. PW 24-

10. I
n 2019, the City Council/Board of Directors approved a five-year rate study for Sanitation and Waterworks service rates . The five -year studies developed a schedule of service fees for Sanitation and Waterworks from 2021 to 2025. The studies assess and evaluate the City/District’s existing rates and provide recommendations for future rates. Rate recommendations ensure adequate and reliable utility, operational and capital improvement funding, while maintaining the consumer rates as low as possible. The studies are based on a comprehensive review of the C ity/District’s: fund balance s, budgets, System Plans, Capital Improvement Plans, studies, customer classes, current usage data, future planned growth of the City/District, and any other information deemed necessary to assess service fees. The proposed new studies will determine a schedule of service fees for Sanitation and Waterworks from 2026 to 2030. The rate studies were combined to reduce the aggregate cost.

FINDINGS AND ALTERNATIVES
O
n April 1, 2024, the Public Works Department sol icited a request for proposals to prepare two five-year rate studies for the Sanitation and Waterworks divisions. A request for proposals was published in the Ventura County Star and was also submitted to various publications and plan rooms. A Notice was also emailed to the consultants on the City’s consultant list, including local consultants, and was posted on the City’s website.

AGENDA ITEM NO.

Consent (8)

A2480.SR.MG RFP No. PW 24-10
On July 1, 2024, the proposal opening date, two proposals were received, and the results are shown in the table below:

Consultant LOCATION SCORE
Raftelis Santa Barbara, CA 94*
Bartle Wells Associates Berkeley, CA 93
*Raftelis was originally chosen but could not meet the specification’s indemnification requirements.

The consultants were judged for their understanding of the RFP (10%), their management plan (25%), approach (25%), and experience (40%). Both were judged to be well qualified and experts in conducting and administering utility rate studies. Bartle and Wells Associates has 60 years of experience providing financial and utility rate consulting to over 500 California water and wastewater agencies. Staff has evaluated the proposals received and determined that the proposal from Bartle Wells Associates in the amount of $186,140 complied with the specifications, is reasonable, and the company is responsible.

Sufficient funding is available in the FY 2024-2025 Sanitation (fund 700) and Waterworks (fund 761) operating budget. Based on an award date of August 5, 2024, it is anticipated that the rate study will be completed by February 2025.

The following alternatives are available to the City Council/Board of Directors:

1. Award the attached contract to Bartle Wells Associates in the amount of $186,140 for professional services to prepare two five- year rate studies for Sanitation and Waterworks, RFP No. PW 24-10;

2. Do not award the contract at this time and provide direction to staff.

Staff recommends Alternative No. 1.

SUGGESTED CITY COUNCIL/BOARD OF DIRECTORS MOTION

I move to award a contract to Bartle Wells Associates, in the amount of $ 186,140 for professional services to prepare two five-year rate studies for Sanitation and Waterworks, RFP No. PW 24-10.

SUMMARY

On April 1 , 202 4, the Public Works Department solicited proposals for professional services to prepare two five- year rate studies for Sanitation and Waterworks, RFP No. PW 24- 10. On July 1, 2024 , Bartle Wells was selected by staff to be the most responsive and responsible proposal . Therefore, it is recommended that the Ci ty Council/Board of Directors award a contract to Bartle Wells Associates in the amount of $186,140 for preparation of the two rate studies.

2 A2480.SR.MG RFP No. PW 24-10

____________________________________
Ronald K. Fuchiwaki
Public Works Director

Prepared by: John Hamilton, Principal Engineer

INDEX Page

Contract ................................................................................ 4

3

AGREEMENT NO. 3250011

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF SIMI VALLEY AND

BARTLE WELLS ASSOCIATES

FOR PROFESSIONAL SERVICES FOR SANITATION AND WATERWORKS FIVE YEAR RATE SYUDY, RFP NO. PW 24-10

THIS AGREEMENT is entered into this 19th day of August 2024, by and between the CITY OF SIMI VALLEY, a municipal corporation and general law city (“CITY”) and BARTLE WELLS ASSOCIATES, a California corporation (“CONSULTANT”).

1. CONSIDERATION.

A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;

B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;

C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed one hundred eighty -six thousand one hundred forty ($186,140) for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit “ B,” which is incorporated by reference.

2. SCOPE OF SERVICES.

A. CONSULTANT will perform services listed in the attached Exhibit “B,” which is incorporated by reference.

B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to 4 City of Simi Valley
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cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.

4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “B”) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.

5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the cur rent fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.

6. ADDITIONAL WORK.

A. CITY’s city manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give writt en authorization to CONSULTANT to perform such Additional Work.

B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the pro posed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.

C. Payments over $ 18,614 for Additional Work must be approved by CITY’s City Council. All Additional Work will be subject to all other terms and provisions of this Agreement.

7. FAMILIARITY WITH WORK.

A. By executing this Agreement, CONSULTANT agrees that it has:

i. Carefully investigated and considered the scope of services to be performed;

ii. Carefully considered how the services should be performed; and

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iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fac t and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.

8. TERM. The term of this Agreement will be from August 19, 2024 to June 30, 2025.

Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:

A. Completion of the work specified in Exhibit “A”;

B. Termination as stated in Section 16.

9. TIME FOR PERFORMANCE.

A. CONSULTANT will not perform any work under this Agreement until:

i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and

ii. CITY gives CONSULTANT a written notice to proceed.

B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.

10. TIME EXTENSIONS . Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty- eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.

11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
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Exhibit “A” – Scope of Work
Exhibit “B” – Schedule of Fees
Exhibit “C” – CITY RFP NO. 24-10
Exhibit “D” – CONSULTANT Proposal

12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

14. PERMITS AND LICENSES . CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

15. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

16. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.

B. CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.

C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work perf ormed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'’ own cost; CITY will not be obligated to compensate CONSULTANT for such work.

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D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).

E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

F. By executing this document, CONSULTANT waives any and all clai ms for damages that might otherwise arise from CITY’s termination under this Section.

17. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Spe cifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicabl e intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.

18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY’s prior written approval. All press releases, including graphic display information to be published in newspap ers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.

19. INDEMNIFICATION.

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A. CONSULTANT agrees to the following:

i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents,
employees, or representatives, in the perfor mance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.

ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (includ ing, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance , except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assu med by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.

CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

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21. INDEPENDENT CONTRACTOR . CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY.

CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.

Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSU LTANT will follow the direction of the CITY as to end results of the work only.

22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at al l reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.

23. INSURANCE.

A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following ty pes of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits

Commercial general liability: $2,000,000

Professional Liability $1,000,000

Business automobile liability $1,000,000

Workers compensation Statutory requirement

B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily in jury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on 10 City of Simi Valley
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ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis and will no t be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.

C. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other eviden ce of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”

F. Should CONSULTANT, for any reason, f ail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16.

G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self -insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the Assistant City Attorney and the Fin ance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as dama ges in any action 11 City of Simi Valley
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against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

24. USE OF SUBCONTRACTORS . CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.

25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.

26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

If to CONSULTANT:

If to CITY:

Attention: Bartle Wells Associates Attention: Department of Public Works 2625 Alcatraz Avenue #602 City of Simi Valley
Berkeley, CA 94705 2929 Tapo Canyon Road
Michael DeGroot Simi Valley, CA 93063
(510) 653-3399 x114 John Hamilton
[email protected] (805) 583-6809
[email protected]

Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

27. CONFLICT OF INTEREST . CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.

28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

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29. THIRD PARTY BENEFICIARIES . This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.

30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County.

31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.

32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other unde rstandings, terms or other agreements expressed or implied, oral or written. There are Click here to enter text.

Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portio n enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s Manager, or designee, may execute any such amendment on behalf of CITY.

36. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordan ce with Government Code §16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

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37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, e mbargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.

40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial re sources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.

[SIGNATURES ON NEXT PAGE]

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IN WITNESS WHEREOF , the parties hereto have executed this Agreement the day and year first hereinabove written.

Attest: City of Simi Valley, A Municipal Corporation

By:

Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California

Approved as to Form: Bartle Wells Associates

By:

Algeria R. Ford, City Attorney
Print Name: Alex Handlers

Approved as to Content: Title: President

By:

Samantha C. Argabrite, City Manager
Print Name: Michael DeGroot

Title: Vice President
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing

Ronald K. Fuchiwaki,
Public Works Director

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EXHIBIT – A

SCOPE OF WORK

SANITATION SCOPE OF WORK

The scope of work entails conducting a comprehensive sanitation rate study. The study will assess and evaluate the CITY’s existing sanitation rates and provide recommendations for future rates. Rate recommendations must ensure adequate and reliable sanitation utility operational and capital improvement funding, while maintaining the consumer rates as low as possible. The study will be based on a comprehensive review of the CITY's fund balances and budgets, Sanitation System Plans, Capital Improvement Plans, studies, customer classes, current usage data, future planned growth of the CIT Y, and any other information deemed necessary. The Sanitation Rate Study will determine a schedule of Sanitation Service Rate and Fees for future FY 2025/26 to FY 2029/30 that is supported by the Proposition 218 process and can be used by the CITY to charge customers.

WATERWORKS SCOPE OF WORK

The scope of work entails conducting a comprehensive water rate study which shall include review of existing reports, studies and related documents, and tour facilities, as needed, in order to recommend changes to the rates and fees to ensure responsible continued operation. The study will be based on a comprehensive review of the DISTRICT's fund balances and budgets, Waterworks System Plans, Capital Improvement Plans, studies, customer classes, current usage data, future planned growth of the DISTRICT’s service area, and any other information deemed necessary. The Cost of Service and Water Rate Study will determine a schedule of Waterworks Service Rate and Fees for CY 2026 to CY 2030 that is supported by the Proposition 218 process, and can be used by the DISTRICT to charge customers.

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EXHIBIT – B

SCHEDULE OF FEES

17 18
19 20
21 22
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EXHIBIT “C”

CITY RFP NO. 24-10

24 Dear Prospective Vendor:

If you intend to submit a bid or proposal, please contact Public Works at (805) 583-6786 and provide your name, address, telephone number , fax number, and E-mail address.

The City will use this information to notify you of any addenda to these documents.

Without this information, the City has no way of identifying who may have outdated or incomplete copies. It is the prospective vendor’s responsibility to ensure the most complete and current versions of the documents are obtained, including any addenda. 25 .........a a

CITY OF SIMI VALLEY
Home of The Ronald Reagan Presidential Library
April 22, 2024
SUBJECT: REQUEST FOR PROPOSALS TO PROVIDE PROFESSIONAL

SERVICES IN PREPARING TWO FIVE-YEAR RATE STUDIES FOR
SANITATION AND WATERWORKS, RFP NO. PW 24-10
The City of Simi ValleyNentura County Waterworks District No. 8 invites your firm to submit a proposal for professional services in preparing two (2) five (5)-year rate studies for Sanitation and Waterworks.

The attached Request for Proposal (RFP) contains information and procedures to assist you in the preparation of the proposal.

Should you have any questions, or require additional information, please contact me at (805) 583-6767.

Sincerely,
Michelle Elorde, P.E.

Principal Engineer
City of Simi Valley/Waterworks District No. 8
Attachments
cc: Public Works Director
Fred D. Thomas, Mayor Rocky Rhodes, Mayor Pro Tern Mike Judge, Council Member Dee Dee Cavanaugh, Council Member Elaine P. Litster, Council Member 2929 Tapo Canyon Road, Simi Valley, CA 93063-2199 805.583.6700 www.s1mivalley.org 26 RFP NO. PW 24-10

PW\Admin\RFPs\RFP 2024\RFP No. PW 24-10

DEPARTMENT OF PUBLIC WORKS

CITY OF SIMI VALLEY

REQUEST FOR PROPOSALS TO PROVIDE PROFESSIONAL SERVICES

IN PREPARING TWO FIVE -YEAR RATE STUD IES FOR SANITATION AND WATERWORKS , RFP NO. PW 24-10

The City of Simi Valley/Ventura County Waterworks District No. 8, Department of Public Works, is requesting proposals for professional services in preparing two (2) five (5)-year rate studies for Sanitation and Waterworks.

Additional information may be obtained by contacting:

City of Simi Valley/Ventura County
Waterworks District No. 8
2929 Tapo Canyon Road
Simi Valley, CA 93063
Sanitation Contact: John Hamilton
(805) 583-6809
[email protected]
Waterworks Contact: Michelle Elorde
(805) 583-6767
[email protected]

A complete copy of the Request for Proposals can be viewed and downloaded at www.simivalley.org/BidsAndProposals.

The Technical Qualification Proposals will requi re three (3) copies each for Sanitation and Waterworks and one (1) copy of the Cost Proposal must be submitted in separate sealed envelopes. All proposals shall be submitted at or before June 3, 2024, at 3:00 p.m. to the following:

John Hamilton/Michelle Elorde
Principal Engineers
Department of Public Works
City of Simi Valley/Ventura County
Waterworks District No. 8
2929 Tapo Canyon Road
Simi Valley, CA 93063

NOTE: Please mark the outside of the envelopes (and express shipment envelope, if applicable):

REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR SANITATION AND WATERWORKS FIVE YEAR RATE STUDY, RFP NO. PW 24-10
JUNE 3, 2024, 3:00 P.M.

LATE PROPOSALS WILL NOT BE ACCEPTED

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REQUEST FOR PROPOSALS – CONTINUED

No contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015, unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5, or unless the contractor or subcontractor qualifies for an exception from th is requirement, for bid purposes only, as set forth in Labor Code section 1771.1(a), or unless the small project exemption applies (total cost of project: $25,000 for public works or $15,000 for maintenance). If contractor or subcontractor believes that such an exception in 1771.1(a) applies, it must provide the applicable exception(s) in its bid proposal. Even those contractors or subcontractors who qualify for an exception under 1771.1(a) must be registered with DIR at the time of award, unless the small project exemption applies.

No contractor or subcontractor may be awarded a contract for public work on a public works project awarded on or after April 1, 2015 unless registered with DIR pursuant to Labor Code section 1725.5, unless the small project exemption applies.

This project is subject to compliance monitoring and enforcement by the DIR.

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TABLE OF CONTENTS
INTRODUCTION ............................................................................................................... 2

SANITATION
INTRODUCTION ..................................................................................................... 2 SCOPE OF WORK .................................................................................................. 2 STUDY OBJECTIVES ............................................................................................. 3 STUDY REQUIREMENTS ....................................................................................... 3 STUDY ELEMENTS ................................................................................................ 3 SERVICES TO BE PROVIDED BY CONSULTANT ................................................ 4 SERVICES TO BE PROVIDED BY THE CITY ........................................................ 4

WATERWORKS
INTRODUCTION ..................................................................................................... 4 SCOPE OF WORK .................................................................................................. 5 STUDY OBJECTIVES ............................................................................................. 5 STUDY REQUIREMENTS ....................................................................................... 6 STUDY ELEMENTS ................................................................................................ 6 SERVICES TO BE PROVIDED BY CONSULTANT ................................................ 6 SERVICES TO BE PROVIDED BY THE DISTRICT ................................................ 7 SCHEDULE....................................................................................................................... 7 PROPOSAL CONTENT .................................................................................................... 7 PROPOSAL EVALUATION AND SELECTION ................................................................. 9 PROPOSAL TERMS AND CONDITIONS ....................................................................... 10 INSURANCE REQUIREMENTS ..................................................................................... 13 DOCUMENTS TO BE SUBMITTED WITH PROPOSAL ................................................. 16 FORM OF CONTRACT ................................................................................................... 20

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REQUEST FOR PROPOSALS TO PROVIDE PROFESSIONAL SERVICES

IN PREPARING TWO FIVE-YEAR RATE STUDIES FOR SANITATION AND

WATERWORKS,
RFP NO. PW24-10

INTRODUCTION
The City of Simi Valley (CITY) and the Ventura County Water District No. 8 ( DISTRICT) is requesting two (2) separate five -year rate studies. The CITY will have oversight of the Sanitation Services rate study which shall cover Fiscal Years (FY) 2025-26 to FY 2029-30.

The DISTRICT will have oversight of the Waterworks Services rate study which shall cover Calendar Years (CY) 2026 to CY 2030. The rate study background and requirements for Sanitation and Waterworks are pr ovided separately in this RFP. While the Proposer is expected to prepare a schedule outlining wh en the studies can b e completed, t he CITY/DISTRICT prefers a first draft to be completed by August 30, 2024. A preliminary report is expected to be completed by September 27, 2024 . The final report is expected to be completed by October 18, 2024. The Proposer should allow 2-week review time after each submittal. Sufficient detail shall be necessary for CITY/DISTRICT to evaluate feasibility.

SANITATION

INTRODUCTION
The CITY owns and operates wastewater collection and treatment facilities that serve approximately 130,000 residents. The Simi Valley Water Quality Control Plant (WQCP) has a design capacity of 12.5 mgd and is currently operating at 8.0 mgd. The CITY’S wastewater collection facilities were constructed in the early 1960’s and include approximately 365 miles of gravity sewer pipelines ranging from 8 inches to 48 inches in diameter.

The CITY completed a Sewer System Reliability Assessment and Financial Plan Update on April 2011 and again in July 2019. The Asset Plans identified, estimated , and prioritized projects to be completed over 10 years. A Sewer System Evaluation and Capacity Assurance Plan was completed in August 2010. The Capacity Assurance Plan validated that the collection system has capacity up to the WQCP’s design capacity of 12.5 mgd. The most recent rate studies were prepared by Raftelis Financial Consultants in 2015 and Black and Veatch in 2019.

The 2019 Rate Study developed a schedule of Sanitation Service Rates and Fees from FY 2020/21 to FY 2024/25 that supported the Proposition 218 process and has been used by the CITY to charge customers.

The CITY is soliciting proposals in this RFP for a Sanitation Rate Study that will make a schedule of Sanitation Service Rate and Fees for FY 2025 -26 to FY 2029 -30 that is supported by the Proposition 218 process and can be used by the C ITY to charge customers.

SCOPE OF WORK
The scope of work entails conducting a comprehensive sanitation rate study. The study will assess and evaluate the CITY’s existing sanitation rates and provide recommendations for 30 RFP NO. PW 24-10

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future rates. Rate recommendations must ensure adequate and reliable sanitation utility operational and capital improvement funding, while maintaining the consumer rates as low as possible. The study will be based on a comprehensive review of the CITY's fund balances and budgets, Sanitation System Plans, Capital Improvement Plans, studies, customer classes, current usage data, future planned growth of the CITY , and any other information deemed necessary. The Sanitation Rate Study will determine a schedule of Sanitation Service Rate and Fees for future FY 2025/26 to FY 2029/30 that is supported by the Proposition 218 process and can be used by the CITY to charge customers.

STUDY OBJECTIVES
The objectives of the rate study shall include:

1. Develop a true cost of service for sanitation operations and maintenance;

2. Recommend rate schedules and structures for sanitation services with a clear nexus to the true cost of service;

3. Recommend sustained revenu es to capital maintenance in sanitation funds ; Recommend capital connection fees for sanitation with nexuses to the apportioned assets’ costs;

4. Compare sanitation system costs (capital improvements, operations, resource management) to industry benchmarks and/or comparable operations.

STUDY REQUIREMENTS
Provided are the study requirements and shall conform to and consider CITY policies:

1. Examination and evaluation of current sanitation rates;

2. Recommend rates that provide for:
a. Current and future cost of providing sanitation services in accordance with established and anticipated standards and regulations;
b. Projected demands;
c. Availability and future cost of sanitation capacity; d. Age and condition of sanitation collection and treatment systems; e. Impact of current and future regulations;
f. Other impacts as identified.

3. Sufficient detail to determine the sources of revenues for operations and capital needs;

4. Consistency with industry practice for utility rate setting in California;

5. Sufficient detail to clearly identi fy alternatives and their financial impacts on ratepayers;

6. Discussion and analysis on the alternative to develop special customer classes;

7. Consideration of the CITY's billing system to charge residential customers via the Ventura County Tax Roll and commer cial customers charged bi -monthly based on water usage;

8. Providing electronic models, in Microsoft Excel, usable by CITY staff for future rate setting.

STUDY ELEMENTS
Provided below are the elements that shall be included in the final reports:

1. Assessment of the current rates and revenues . Assess the current rates in comparison to the current true cost of service.

2. Equity. Assess the equity of recommended sanitation rates relative to the types of property ownership and service needs.
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3. Environmental Regulations. Assess the revenue needed to cover alternative future water quality and environmental regulations and standards.

4. Other Service Charges . Assess service fee structures and recommend changes, including simplifications and/or additions, if appropriate.

5. Fund Balances. Recommend reserve balances for operating, capital replacement, and capital improvement funds including cash flow needs and contingency allowances.

6. Electronic Rate Model. Develop an easy-to-use electronic rate model, for future use by CITY staff.

SERVICES TO BE PROVIDED BY CONSULTANT

1. Review the existing sanitation rates and funds in detail, and review the CITY billing system (general familiarity).

2. Meet with staff as needed and plan to attend an evening meeting with the City Council at a workshop session to present and discuss the preliminary studies. Also, plan to attend evening public hearing(s) when the sanitation rates are considered for adoption.

3. Conduct analyses as required to address the scope of work.

4. Preliminary Reports:
a. Prepare a preliminary study with tentative rate recommendations. b. Present preliminary report and tentative rate recommendations to the City Council at a workshop.
c. Final Reports
d. Incorporate changes provided by the CITY.
e. Submit 15 copies of each report, plus 1 reproducible copy. f. Provide a USB flash drive with complete report in .pdf format, and also in MS Word format, with spreadsheets in Excel format.
g. Present the final reports and recommended rates to the City Council and the public at a regular City Council meeting.

5. Supply a time schedule for developing the preliminary and final reports. The preliminary reports shall be delivered to the C ITY by Friday, August 30, 2024, and the final reports by September 27, 2024

6. Provide an easy-to-use electronic rate model in MS Excel or Access for the CITY to use in future rate setting.

SERVICES TO BE PROVIDED BY THE CITY
The CITY will provide the following:

1. Furnish all reasonably available records and information, including financial reports, budgets, consumption data, flow data and customer classes;

2. Provide the most recent Sanitation System's GIS data and Plans;

3. Provide the current Five-Year Capital Improvement Program;

4. Provide staff support and assistance as required and agreed to in advance of the studies.

WATERWORKS

INTRODUCTION
The DISTRICT owns and operates water distribution, treatment, and groundwater pumping facilities that serve approximately 26,000 customers. The DISTRICT receives water from 32 RFP NO. PW 24-10

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three sources: imported water, local ground water, and recycled water. The ground water is supplied by two (2) wells in the Tapo Canyon area, the imported water is delivered by the Calleguas Municipal Water District (CMWD) through a 12 turnout connections, and the recycled water is produced and stored at the CITY’s WQCP.

The water distribution system is comprised of two (2) separate systems – one (1) for potable water and the other for recycled water. The potable water distribution system consists of 40 water storage tanks, 22 pump stations, two ( 2) production wells, 15 pressure reducing stations, and five (5) groundwater management wells that discharge to the Arroyo Simi. The recycled water distribution system consists of a pump station that supplies water to the Simi Valley Landfill, an industrial complex, and a concrete batch plant on the west -end of the CITY.

The DISTRICT completed a Capacity Evaluation and Analysis of the Waterworks’ Distribution System and a Seismic Evaluation of the Waterworks Storage Tank System in 2021. Both reports identified the current conditions and deficiencies of the District’s existing infrastructure. A Waterworks Facilities Assessment and Cost of Service Evaluation, prepared in 2015, estimated and prioritized projects to be completed over the following 10 years. The total estimated cost is $21 million. The most recent water rate study was prepared by Raftelis in 2019, and approved by the DISTRICT’s Board of Directors (BOARD) the following year.

The 2019 Water Cost of Service and Rate Study developed a schedule of Wate r Service Rates and Fees for CY 2021 to CY 2025 that supported the Proposition 218 process and has been used by the DISTRICT to charge customers.

The DISTRICT is soliciting proposals in this RFP for a Cost of Service and Water Rate Study that will make a schedule of Water Service Rates and Fees for CY 2026 to CY 2030 that is supported by Proposition 218 and can be used by the DISTRICT to charge customers.

SCOPE OF WORK
The scope of work entails conducting a comprehensive water rate study which shall include review of existing reports, studies and related documents, and tour facilities, as needed, in order to recommend changes to the rates and fees to ensure responsible continued operation. The study will be based on a comprehensive review of the DISTRICT's fund balances and budgets, Waterworks System Plans, Capital Improvement Plans, studies, customer classes, current usage data, future planned growth of the DISTRICT’s service area, and any other information deemed necessary. The Cost of S ervice and Water Rate Study will determine a schedule of Waterworks Service Rate and Fees for CY 2026 to CY 2030 that is supported by the Proposition 218 process, and can be used by the DISTRICT to charge customers.

WATERWORKS STUDY OBJECTIVES
The objectives of the rate study shall include the following:

1. Develop a true cost of service for waterworks operations and maintenance;

2. Recommend rate schedules and structures for water services with a clear nexus to the true cost of service;

3. Recommend sustained revenues to capital maintenance in water funds;

4. Recommend capital connection fees for water with nexuses to the apportioned assets’ costs;

5. Incorporate water conservation incentives in the rate structure(s);

6. Compare water system costs (capital improvements, operations, resource management) to industry benchmarks and/or comparable operations. 33 RFP NO. PW 24-10

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STUDY REQUIREMENTS
Provided are the study requirements and shall conform to and consider District policies, and include:

1. Examination and evaluation of current water rates;

2. Recommend rates that provide for:
a) Current and future cost of providing water services in accordance with established and anticipated standards and regulations;
b) Projected demands;
c) Availability and future cost of water capacity;
d) Age and condition of water supply and distribution systems; e) Predicted revisions to California's Water codes;
f) Impact of current and future regulations;
g) Other impacts as identified.

3. Sufficient detail to determine the sources of revenues for operations and capital needs;

4. Consistency with industry practice for utility rate setting in California;

5. Sufficient detail to clearly identify alternatives and their financial impacts on ratepayers;

6. Discussion and analysis on the alternative to develop special customer classes.

7. Consideration of the DISTRICT's automated billing system;

8. Providing electronic models, in Microsoft Excel, usable by DISTRICT staff for future rate setting.

STUDY ELEMENTS
Provided are the elements that shall be included in the final reports:

1. Assessment of the current rates and revenues . Assess the current rates in comparison to the current true cost of service.

2. Equity. Assess the equity of recommended water rates relative to the types of property ownership and service needs.

3. Environmental Regulations. Assess the revenue needed to cover alternative future water quality and environmental regulations and standards.

4. Other Service Charges . Assess service fee structures and recommend changes, including simplifications and/or additions, if appropriate.

5. Fund Balances. Recommend reserve balances for operating, capital replacement, and capital improvement funds including cash flow needs and contingency allowances.

6. Electronic Rate Model. Develop an easy-to-use electronic rate model, for future use by DISTRICT staff.

SERVICES TO BE PROVIDED BY CONSULTANT

1. Review the existing water rates and funds in detail and review the DISTRICT billing system (general familiarity).

2. Meet with staff as needed and plan to attend an evening meeting with the BOARD at a workshop session to pres ent and discuss the preliminary studies. Also, plan to attend evening public hearing(s) when the water rates are considered for adoption.

3. Conduct analyses as required to address the scope of work.

4. Preliminary Reports:
a) Prepare a preliminary study with tentative rate recommendations. 34 RFP NO. PW 24-10

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b) Present preliminary report and tentative rate recommendations to the BOARD at a workshop.

5. Final Reports
a) Incorporate changes provided by the DISTRICT.
b) Submit 15 copies of each report, plus 1 reproducible copy. c) Provide a USB flash drive with complete report in .pdf format, and also in MS Word format, with spreadsheets in Excel format.
d) Present the final reports and recommended rates to the BOARD and the public at a regular City Council meeting.

6. Supply a time schedule for developing the preliminary and final reports. The preliminary reports shall be delivered to the DISTRICT by Friday, August 30, 2024, and the final reports by September 27, 2024.

7. Provide an easy -to-use electronic rate model in MS Excel or Access for the DISTRICT to use in future rate setting.

SERVICES TO BE PROVIDED BY THE DISTRICT
The DISTRICT will provide the following:

1. Furnish all reasonably available records and information, including financial reports, budgets, consumption data, meter sizes and customer classes.

2. Provide loaner copies of the DISTRICT’s most recent Water System Plans.

3. Provide the current Five-Year Capital Improvement Program.

4. Provide staff support and assistance as required and agreed to in advance of the studies.

SCHEDULE FOR SANITAITON AND WATERWORKS
The City anticipates the following proposal review and award schedule:

Action Anticipated Dates
RFP Issued April 29, 2024
Proposal Submittal Deadline June 3, 2024
Proposal Evaluation Complete June 17, 2024
Interviews (if necessary) June 25, 2024
Consultant Selection/Contract Negotiations July 1, 2024 Notice to Proceed July 31, 2024

PROPOSAL CONTENT FOR SANITATION AND WATERWORKS
The Proposer must prepare and provide three (3) copies (of each Sanitation and Waterworks) of the Technical Qualification Proposal and one (1) copy of the Cost Proposal, and shall be submitted in separate sealed envelopes. The proposal package must contain the following:

A. Technical Qualification Proposal

1. A detailed explanation of the proposed work and intended technical and project management approach that shows the scope of work is understood.

2. A description of the firm's capabilities and experience in providing professional services for sewer and water rate studies. A minimum of five (5) equivalent projects within the last three (3) years shall be described. References from the previous clients must be included on the form provided with this RFP on page 17. Provide the 35 RFP NO. PW 24-10

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names of the clients, the client's contact persons and their telephone numbers, and a description of the project, key project staff members and the work performed by your firm. The CITY/DISTRICT reserves the right to contact the clients listed, as well as prospective clients at any time.

3. Identification of qualifications and capabilities of staff assigned to the work by submitting a Consultant Qualification Worksheet.

4. An Organizational Chart showing the proposed relationships between all k ey personnel, and the support staff assigned to the project; the proposed responsibilities of each person on the chart, and brief resumes which highlight special qualifications relevant to the required tasks. The list of key personnel is to be categorized:
a. Executives/Managers
b. Licensed Professionals
c. Engineers/Surveyors
d. Other Technical/Professional/Accounting Staff
e. Administrative/Support Staff

5. A Project Management Plan describing the consulting firm’s approach to scheduling, time loss prevention, and resource allocation for project completion. Please provide a sample project status report and schedule outlining the anticipated submittals, meetings, and review periods.

6. A Sample Study prepared in the last 24 months. The CITY/DISTRICT will review the thoroughness of the study. The Proposer may include any additional explanation supporting the thoroughness of any recommendations for rate changes. The Sample Study will be reviewed by the CITY/DISTRICT in order to compare the ability of each firm.

7. Identification of s ubconsultants. Information shall include the name and address of the subconsultant, resumès of the key staff proposed for the project, and the tasks to be carried out. The Consultant may enter into subcontracts with others for the performance of any portion of work when needed to provide a particular specialty or service that may be outside the core competency of the contracted firm with the approval of the CITY/DISTRICT. The Consultant will require the prior approval of the City before adding a subconsulta nt or the CITY/DISITRCT may suggest firms or individuals that may be added as subconsultants. The requirements of this Request for Proposal and any resultant contract shall apply to all subconsultants in the same manner as to the Consultant.

B. Cost Proposal

1. Maximum fee (i.e., not to exceed amount) to be charged for the proposed professional services, broken down by the task. The CITY/DISTRICT will fully enforce the terms and conditions of the attached contract, which shall be based on a “not to exceed amount” for this project.

2. Projected man-hours by task required to complete the design and related work, along with hourly billing rates for the various levels and staff who will be assigned to the projects. Listing of any other costs charged by firm for the professional services.

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C. Cover Letter

1. The Technical Qualification Proposal and Cost Proposal must include a cover letter signed by an official authorized to bind the Proposer contractually.

2. This letter must state the enclosed offer is valid for the project duration, and must provide names, titles, addresses, and telephone numbers of individuals with the authority to negotiate and contractually bind the Proposer. An unsigned proposal or one signed by an individual not authorized to bind the Proposer may be rejected.

PROPOSAL EVALUATION AND SELECTION FOR SANITATION AND WATERWORKS Copies of the Technical Qualification Proposal and Cost Proposal must be submitted in separate sealed envelopes at or before 3:00 p.m. on June 3, 2024. Late proposals will not be accepted.

The Technical Qualification Proposal will be evaluated based on:

 Understanding of Request for Proposals (weighted 10%).  Management Plan (weighted 25%).
 Related experience on water rate studies (weighted 40%).  Approach to performing this type of services (weighted 25%).

The Cost Proposal will not be used in the ranking process. The Technical Qualification Proposal and staff determination of skills based upon associated background research will determine the ranking.

The Cost Proposal will not be opened until the Technical Qualification Proposal has been ranked. The firm rated as the most qualified for the requested services will be invited to negotiate a final contract. If an arrangement is not reached, the City may terminate negotiations and commence negotiations with the next most qualified firm.

The selected firm must execute a written contract prepared by the CITY/DISTRICT (sample copy attached). The award of contract will be based on a combination of all of the evaluation factors. The City reserves the right to reject any and all proposals, and to award or not to award a contract.

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PROPOSAL TERMS AND CONDITIONS

Requirement to Meet All Request for Proposals Provisions - Each proposer shall meet all of the work scope/specifications and Request for Proposals Terms and Conditions, all addenda, and submission of the original proposal response. By virtue of the proposal submission, the proposer acknowledges agreement with and acceptance of all provisions of the work scope/specifications except as expressly qualified in the proposal. Nonsubstantial deviations may be considered provided that the proposer submits a full description and explanation of and justification for the proposed deviations. Whether any proposed deviation is acceptable will be determined by the City of Simi Valley in its sole discretion.

Communications Regarding Proposal - All timely requests (timely requests are those which the City/District, in its sole judgement, can reasonably respond to before the submittal deadline) for information submitted in writing will receive a written response from the City/District. Telephone communications with City/District staff are not encouraged but will be permitted. However, any such verbal communication shall not be binding on the City/District.

Proposal Submission - Each proposal must be submitted as described in the Request for Proposals. The Proposal shall be enclosed in a sealed envelope and addressed to the City of Simi Valley/Ventura County Waterworks District No. 8, Department of Public Works, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, California 93063. The proposal shall be clearly labeled with the proposal title, name of proposer, and date and time proposals are due. If proposal is delivered to the City /District via express delivery or other priority mail service, the above information must also be included on the outside shipment envelope.

Please note that the Cost Proposal shall be included in a separate sealed envelope clearly marked COST PROPOSAL. The Cost Proposal shall be clearly labeled with the proposal title and name of proposer. Cost Proposal envelope should be included in the envelope containing the balance of the Proposal Contents.

Submission of One Proposal Only - No individual, or business entity of any kind shall be allowed to make or file or to be interested in more than one proposal, except an alternative proposal when specifically requested. However, an individual who has quoted prices on materials to a firm submitting a proposal is not thereby disqualified from quoting prices to other firms submitting proposals.

California Public Records Act - All information contained in the Proposal, and the Proposal itself, is a public record and subject to release to the public once opened. Bidders shall not include trade secrets or other confidential information in their bids. To request for public records, please visit www.simivalley.org/recordsrequest or contact the City Clerk’s Office at (805) 583-6748.

Proposal Withdrawal - Proposers may withdraw their proposal without prejudice prior to the time specified as the due date by submitting a written request to the Department of Public Works for its withdrawal. If this occurs the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than the place stated in the Request for Proposals will be considered. 38 RFP NO. PW 24-10

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Protest Procedures - Any bidder, proposer, or contractor who is allegedly aggrieved in connection with the solicitation or award of a contract may protest. Bidders are to be advised that protests of the process, terms, conditions, or any other aspect of the solicitation, must be made prior to the bid or proposal due date.

Bidders and proposers may not protest the contents of the specifications of the bid/RFP/RFQ nor the award based on the use of the Local Vendor Preference. Protests must be in writing and transmitted by facsimile, email or by mail to the attention of the Purchasing Agent.

Protest of the recommendation for award for bids must be made immediately, and in no event later than five working days after the close of bids. In the case of an RFP/RFQ, after the notice of recommendation for award. All protests must be based on fact(s) and include the following information:

1. The name, address, telephone number and email address of the protestor;

2. The signature of the protestor or protestor's representative;

3. The solicitation or contract number;

4. A detailed statement of the legal and/or factual grounds of the protest and all documentation supporting the vendor's position at the time of the initial protest;

5. The form of relief requested.

The Purchasing Agent or designee shall endeavor to respond in writing within five (5) working days to the protestor. Should more information be required, the Purchasing Agent may provide time extensions during this process. The decision rendered by the Purchasing Agent shall be in writing and shall be final.

The City/District reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive and responsible bid, and to issue a notice to proceed or notice of award notwithstanding any pending or continuing challenge to its determination. The City/District has no obligation to suspend or otherwise delay the procurement and/or award to allow for completion of a protest process.

Proposal Retention and Award - The City/District reserves the right to retain all proposals for a period of 90 days for examination and comparison. The City/District also reserves the right to determine and waive nonsubstantial irregularities in any proposal, to reject any or all proposals, to reject one part of a proposal and accept the other, except to the extent that the proposals are qualified by specific limitations, and to make award as the interest of the City/District may require based on the criteria identified in this Request for Proposals.

Contract Requirement - The proposer to whom award is made shall execute a written contract with the City/District within ten (10) calendar days after notice of the award has been sent by mail to the address given in the proposal or within ten (10) calendar days after receipt by Proposer.

The City/District’s form contract is attached. The contract will be refined during final preparation of the contract documents between City/District and Proposer. The Scope of Work will be incorporated in the contract as Exhibit “A”, the Schedule of Fees will be incorporated as Exhibit “B” and if applicable, Insurance Requirements will be incorporated 39 RFP NO. PW 24-10

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as Exhibit “C”.

The Proposer warrants that Proposer possesses, or has arranged through subcontracts, all capital and other equipment, labor and materials to carry out and complete the work hereunder in compliance with all Federal, State, County, City and Special City Laws, Ordinances, and Regulations which are applicable; and further, proposer shall comply with all Federal, State, County, City and Special City Laws, Ordinances, and Regulations which are applicable.

Failure to Accept Contract - If upon notification of intent to award the proposal by the City/District, the Proposer fails to enter into the Contract within the specified time period, the pending award will be annulled. In such case, the City/District reserves the right to recover any damages proximately caused by the proposer’s failure to enter into a contract. An award may be made to the next most qualified proposer who shall fulfill every term and condition of the Request for Proposals.

Business Tax - The City's Business Tax Ordinance requires that a Business Tax Receipt be obtained before any business, trade, profession, enterprise, establishment, occupation, or calling is conducted within the City of Simi Valley (City). The amount of the tax is ba sed on gross receipts resulting from business conducted in the City and is required to be paid when business is conducted in the City even though the principal location of the business may be outside of the City or a Business Tax Receipt has been issued to them by another city.

Issuance of a Business Tax Receipt is only evidence of the fact that the tax has been paid.

It does not sanction or approve any operation not otherwise permitted. The City will verify that the proposer has a valid City of Simi Valley Business Tax Receipt prior to the execution of the Contract. Additional information regarding the City's Business Tax program may be obtained by calling (805) 850-1521.

Non-Exclusive Contract - The City/District reserves the right to purchase the items/services listed in this Request for Proposals, as well as any supplemental items/services, from other vendors during the Contract term.

Submission of References – Each Proposer shall submit a statement of qualifications and references on the form provided in the Request for Proposals package.

DIR Registration – In accordance with the provisions of California Labor Code Section 1771.1, as amended by SB 854, unless registered with the DIR (Department of Industrial Relations), a contractor may not propose, nor be listed as a subcontractor, for any proposal submitted for public work on or after March 1, 2015, with certain exceptions as set forth in Labor Code 1771.1(a), or unless the small project exemption applies (total cost of project: $25,000 for public works or $15,000 for maintenance). Without the small project exemption, a public entity cannot award a public work contract to a non-registered contractor or subcontractor, effective July 1 , 2017. As such, proposers on non-exempt projects must be registered with DIR. If any contractor or subcontractor listed in a proposal is believed to be exempt from registration as set forth in Labor Code 1771.(a), the proposal must set forth the claimed exemption. Failure to provide evidence of registration or of a valid exemption at the time of proposal submittal shall render the proposal as non-responsive and shall act as a bar to award the Contract to any proposer not registered with DIR.

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Prevailing Wages and Minority Group Skill Upgrade and Employment - Proposers are hereby notified that pursuant to the provisions of the California Labor Code the California Department of Industrial Relations has ascertained the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which this work is to be performed for each craft, classification or type of worker needed to execute the Contract. Such wage scale is set forth at length in a Schedule of Prevailing Rates of Wages that is on file at the California Department of Industrial Relations and is available at www.dir.ca.gov/DLSR/PWD/index.htm. The published prevailing rates that the Contractor shall pay are hereby incorporated in and made a part of these Proposal Terms and Conditions.

INSURANCE REQUIREMENTS

CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees.

Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. CONSULTANT hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.

4. Professional Liability (Errors and Omissions) Insurance appropriate to the CONSULTANT’S profession, with limits no less than $1,000,000 per occurrence or claim, and $1,000,000 policy aggregate.

If the CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the 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/District.

Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions:
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Additional Insured Status
The City/District, its Boards, Officers, Agents, Officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’S insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33,or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this project/contract, the CONSULTANT’S insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City/District, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its Boards, Officers, Agents, Officials, employees, and volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
CONSULTANT hereby grants to City/District a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against City by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the CONSULTANT, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City/District. The City/District may require the CONSULTANT to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City/District.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City/District.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
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3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective, or start of work date, the CONSULTANT must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City/District for review.

Verification of Coverage
CONSULTANT shall furnish the City/District with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’S obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and CONSULTANT shall ensure that the City/District is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Special Risks or Circumstances
City/District reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Non-commitment of Department - This Request for Proposal does not commit the City/District to award a contract, to pay any costs incurred in the preparation of a Proposal for this request, or to procure or contract for services. The City/District reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified firm or to modify or cancel in part or in its entirety the Request for Proposal if it is in the best interests of the City/District to do so.

Public Domain - All products used or developed in the execution of any contract resulting from this Request for Proposals will remain in the public domain at the completion of the contract.

Required Timeframes - The CONSULTANT office hours shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, so that the CONSULTANT will be available to City staff and design professionals.

Inspections - City/District reserves the right to inspect the work being accomplished by the CONSULTANT at any time.

Assignment of CONSULTANT Personnel - The CONSULTANT shall have City/District's written approval prior to making any change in a project team assigned to a project.

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SUBMIT WITH PROPOSAL

CONSULTANT INFORMATION

REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES

FOR SANITATION AND WATERWORKS FIVE YEAR RATE STUDY
RFP NO. PW24-10

Firm Name:

Address:

City: State: Zip:

Doing Business as: Individual/Partnership/Corporation State of Incorporation

Federal Tax ID No.:

DIR Registration No.:

Telephone:

Fax:

E-Mail:

Company Website:

Primary Contact:

Title:

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SUBMIT WITH PROPOSAL

STATEMENT OF PROPOSER’S QUALIFICATIONS AND REFERENCES

The Proposer is required to state the Proposer's financial ability and a general description of similar work performed.

Number of years engaged in providing the work included within the scope of the specifications under the present business name: .

List and describe fully a minimum of five projects performed by your firm within the last three years, which demonstrate your ability to complete the work included within the scope of the specifications and where the Proposer has performed work to inspect a water tank coating project. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

Reference No. 1

Customer Name:

Contact Individual: Phone No.

Address:

Contract Amount: Year:

Description of work done:

Reference No. 2

Customer Name:

Contact Individual: Phone No.

Address:

Contract Amount: Year:

Description of work done:

Reference No. 3

Customer Name:

Contact Individual: Phone No.

Address:

Contract Amount: Year:

Description of work done:

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SUBMIT WITH PROPOSAL

Reference No. 4

Customer Name:

Contact Individual: Phone No.

Address:

Contract Amount: Year:

Description of work done:

Reference No. 5

Customer Name:

Contact Individual: Phone No.

Address:

Contract Amount: Year:

Description of work done:

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SUBMIT WITH PROPOSAL

WORKERS’ COMPENSATION INSURANCE CERTIFICATE

Section 1860 and 1861 of the California Labor Code require every contractor to whom a public works contract is awarded to sign and file with the awarding body the following statement:

“I am aware of the Provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in acc ordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.”

By

Date: Title

By

Date: Title

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AGREEMENT NO. Click here to enter text.

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF SIMI VALLEY AND

CONSULTANT NAME
FOR SANITATION AND WATERWORKS RATE STUDIES RFP NO. PW 24-10

THIS AGREEMENT is entered into this Click here to enter text. day of Click here to enter text. 2024, by and between the CITY OF SIMI VALLEY, a municipal corporation and general law city (“CITY”) and Consultant name, a type of organization, e.g., corporation, and state of incorporation (“CONSULTANT”).

1. CONSIDERATION.

A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;

B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;

C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed Click here to enter text. for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY wi ll pay this sum as specified in the attached Exhibit “B,” which is incorporated by reference.

2. SCOPE OF SERVICES.

A. CONSULTANT will perform services listed in the attached Exhibit “A,” which is incorporated by reference.

B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONS ULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.

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4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (a ll as set forth in Exhibit “B”) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and ac tual expenditures versus time to date.

5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated suf - ficient funds for payment of CONSULTANT services beyond the cur rent fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.

6. ADDITIONAL WORK.

A. CITY’s city manager (“M anager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform suc h Additional Work.

B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.

C. Payments over $Click here to enter text. for Additional Work must be approved by CITY’s City Council. All Additional Work will be subject to all other terms and provisions of this Agreement.

7. FAMILIARITY WITH WORK.

A. By executing this Agreement, CONSULTANT agrees that it has:

i. Carefully investigated and considered the scope of services to be performed;

ii. Carefully considered how the services should be performed; and

iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder.

Should CONSULTANT dis cover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at 49 RFP NO. PW 24-10

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CONSULTANT’s own risk until written instructions are received from CITY.

8. TERM. The term of this Agreement will be from Click here to enter a date. to Click here to enter a date.. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:

A. Completion of the work specified in Exhibit “A”;

B. Termination as stated in Section 16.

9. TIME FOR PERFORMANCE.

A. CONSULTANT will not perform any work under this Agreement until:

i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and

ii. CITY gives CONSULTANT a written notice to proceed.

B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.

10. TIME EXTENSIONS . Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty - eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.

11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:

List exhibits with scope of work first; budget second; and proposal last (all if applicable)

12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

13. TAXPAYER IDENTIFICATION NUMBER . CONSULTANT will provide CITY with a Taxpayer Identification Number.

14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

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15. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be c onstrued to opera te as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waive r of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

16. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.

B. CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.

C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, an y additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'’ own cost; CITY will not be obligated to compensate CONSULTANT for such work.

D. Should termination occur, all finished or unfinished documents, d ata, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).

E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

F. By executing this document, CONSULTANT w aives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.

17. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY . Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photograph s and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement ar e CITY’s property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees tha t use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitu tes original work. Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY 51 RFP NO. PW 24-10

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and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documen ts. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.

18. PUBLICATION OF DOCUMENTS . Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.

19. INDEMNIFICATION.

A. CONSULTANT agrees to the following:

i. Indemnification for Professional Services . CONSULTANT will save harmless and indemnify and at CITY’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents, employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.

ii. Indemnification for other Damages . CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.

Should CITY be named in any suit, or shou ld any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

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maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.

CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

22. AUDIT OF RECORDS . CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.

23. INSURANCE.

A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits

Commercial general liability: $2,000,000

Professional Liability $1,000,000

Business automobile liability $1,000,000

Workers compensation Statutory requirement

B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO -CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said 53 RFP NO. PW 24-10

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insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance th at may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reducti on except upon thirty (30) days prior written notice to CITY.

C. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and wi ll cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies a s may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”

F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16.

G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self -insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements.

The amount of the SIR or deductible is subject to the approval of the Assistant City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express cond ition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S fail ure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurr ed by CITY due to the breach.

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24. USE OF SUBCONTRACTORS . CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.

25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.

26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

If to CONSULTANT:

If to CITY:

Attention: Click here to enter text. Attention: Department of Public Works Click here to enter text. City of Simi Valley
Click here to enter text. 2929 Tapo Canyon Road
Click here to enter text. Simi Valley, CA 93063
phone John Hamilton
Principal Engineer/Sanitation
(805) 583-6809
[email protected]
email Michelle Elorde
Principal Engineer/Waterworks
(805) 583-6767
[email protected]

Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

27. CONFLICT OF INTEREST . CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.

28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

29. THIRD PARTY BENEFICIARIES . This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.

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30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County.

31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.

32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are Click here to enter text. Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such porti on enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described h erein. This Agreement may be modified by written amendment. CITY’s Manager, or designee, may execute any such amendment on behalf of CITY.

36. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

38. TIME IS OF ESSENCE . Time is of the essence for each and every provision of this Agreement.

39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.

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40. STATEMENT OF EXPERIENCE . By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.

[SIGNATURES ON NEXT PAGE]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.

Attest: City of Simi Valley, A Municipal Corporation

By:

Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California

Approved as to Form: INSERT NAME OF COMPANY

By:

Algeria R. Ford, City Attorney
Print Name: Click or tap here to enter text.

Approved as to Content: Title: Click or tap here to enter text.

By:

Brian Paul Gabler, City Manager
Print Name: Click or tap here to enter text.

Title: Click or tap here to enter text.

Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing

Ronald K. Fuchiwaki
Public Works DIrector

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AGREEMENT NO. Click here to enter text.

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF SIMI VALLEY AND

CONSULTANT NAME
FOR SANITATION AND WATERWORKS RATE STUDIES RFP NO. PW 24-10

EXHIBIT “A”

SCOPE OF WORK

SANITATION SCOPE OF WORK
The CITY is requesting proposals from consultants to conduct a comprehensive sanitation rate study. The study will assess and evaluate the CITY’s existing sanitation rates and provide recommendations for future rates. Rate recommendations must ensure adequate and reliable sanitation utility operational and capital improvement funding, while maintaining the consumer rates as low as possible. The study will be based on a comprehensive review of the CITY's fund balances and bud gets, Sanitation System Plans, Capital Improvement Plans, and studies, customer classes, current usage data, future planned growth of the CITY and any other information deemed necessary. The Sanitation Rate Study will determine a schedule of Sanitation Service Rate and Fees for future FY 2025/26 to FY 2029/30 that is supported by the Proposition 218 process and can be used by the CITY to charge customers.

WATERWORKS SCOPE OF WORK
The DISTRICT is requesting proposals from consultants to conduct a comprehens ive water rate study. The consultant shall provide professional services to review existing reports, studies, and related documents; and tour facilities, as needed, in order to recommend changes to the rates and fees to ensure responsible continued operati on. The study will be based on a comprehensive review of the DISTRICT's fund balances and budgets, Waterworks System Plans, Capital Improvement Plans, studies, customer classes, current usage data, future planned growth of the DISTRICT’s service area, and any other information deemed necessary. The Cost of Service and Water Rate Study will determine a schedule of Waterworks Service Rate and Fees for CY 2026 to CY 2030 that is supported by the Proposition 218 process, and can be used by the DISTRICT to charge customers.

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AGREEMENT NO. Click here to enter text.

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF SIMI VALLEY AND

CONSULTANT NAME
FOR SANITATION AND WATERWORKS RATE STUDIES RFP NO. PW 24-10

EXHIBIT “B”

SCHEDULE OF FEES

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AGREEMENT NO. Click here to enter text.

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF SIMI VALLEY AND

CONSULTANT NAME
FOR SANITATION AND WATERWORKS RATE STUDIES RFP NO. PW 24-10

EXHIBIT “C” ADDITIONAL DOCUMENTS MAY BE PROVIDED

61 City of Simi Valley
Agreement No. 3250011
Bartle Wells Associates

A2480.CON.MG RFP No. PW 24-10
EXHIBIT “D”

CONSULTANT PROPOSAL
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