HomeMy WebLinkAbout2020-02-18 - Board of Directors Meeting Agenda PacketAGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS SPECIAL MEETING
Tuesday, February 18, 2020, 5:00 PM
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Phil Hawkins, President
Andrew J. Hall, Vice President
Brooke Jones, Director
J. Wayne Miller, PhD, Director
Al Nederhood, Director
4. PUBLIC COMMENTS
Any individual wishing to address the Board or Committee is requested to identify themselves and state
the matter on which they wish to comment. If the matter is on the agenda, the Chair will recognize the
individual for their comment when the item is considered. No action will be taken on matters not listed
on the agenda. Comments are limited to three minutes and must be related to matters of public interest
within the jurisdiction of the Water District. (GC 54954.3)
5. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board or Committee discussions
are needed prior to formal action.
5.1.Selection of Energy Services Company
Recommendation: That the Board of Directors authorize staff to move forward
with selecting Climatec, an Energy Services Company (ESCO), to prepare a
detailed Technical Energy Audit to identify energy efficient and operational
savingsrelated infrastructure improvements at no cost to the District.
5.2.Terms and Conditions for Sewer Service with Binion, 5282 Sunset Lane
Recommendation: That the Board of Directors approve the Terms and
Conditions for Sewer Service with Binion, 5282 Sunset Lane, Job 202006S.
5.3.Professional Services Agreement for PFAS Treatment Plant Owner's Advisor
Services
Recommendation: That the Board of Directors authorize the General Manager
to execute a Professional Services Agreement (pending review and approval
as to form by General Counsel) for PFAS Treatment Plant Owner's Advisor
Services with Carollo Engineers, Inc.
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6. DISCUSSION
This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the
Board or Committee at the meeting, such as technical presentations, drafts of proposed policies, or similar items
for which staff is seeking advice and counsel. Time permitting, it is generally in the District’s interest to discuss
these more complex matters at one meeting and consider formal action at another meeting. This portion of the
agenda may also include items for information only.
6.1. Schedule for FastTracking Construction of Water Treatment Plant to Remove
Per and Polyfluoroalkyl Substances (PFAS)
7. ADJOURNMENT
7.1. The Regular Board Meeting on Tuesday, February 25, 2020 has been
cancelled. A Board Workshop Meeting has been tentatively scheduled on
Thursday, March 5, 2020 at 8:30 a.m. The next Regular Board Meeting will be
held Tuesday, March 10, 2020. Closed Session (if necessary) will begin at
5:30 p.m. and regular business at 6:30 p.m.
Items Distributed to the Board Less Than 72 Hours Prior to the Meeting
Nonexempt materials related to open session agenda items that are distributed to a majority of the Board or
Committee less than seventytwo (72) hours prior to the meeting will be available for public inspection in the lobby
of the District’s Administrative building located at 1717 East Miraloma Avenue, Placentia CA 92870 during regular
business hours. When practical, these materials will also be available on the District’s website
(http://www.ylwd.com/). (GC 54957.5)
Accommodations for the Disabled
Requests for disabilityrelated modifications or accommodations, including auxiliary aids or services, required for
participation in the above posted meeting should be directed to the Board Secretary at (714) 7013020 at least 24
hours in advance. (GC 54954.2(a))
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ITEM NO. 5.1.
AGENDA REPORT
MEETING DATE:February 18, 2020
TO:Board of Directors
FROM:Marc Marcantonio, General Manager
STAFF CONTACTS:Rosanne Weston, Engineering Manager
Delia Lugo, Financial Manager
Divya Agrawalla, Principal Engineer
SUBJECT:Selection of Energy Services Company
RECOMMENDATION:
That the Board of Directors authorize staff to move forward with selecting Climatec, an Energy
Services Company (ESCO), to prepare a detailed Technical Energy Audit to identify energy
efficient and operational savings-related infrastructure improvements at no cost to the District.
SUMMARY:
The District received qualifications from three ESCOs. After review of the qualifications
submittals, staff recommends that the the Board of Directors approve the selection of
Climatec.
BACKGROUND:
The District previously issued a Request For Qualifications (RFQ) from ESCOs in June 2018,
but after reviewing the qualifications submittals, the District made the decision not to move
forward with any of the ESCOs. On November 19, 2019, the District issued a second RFQ and
received qualifications submittals from three ESCOs, Climatec, Engie, and Trane. District staff
evaluated and scored each of the submittals and is recommending the selection of Climatec.
The RFQ and the ESCO Services Score Sheet are attached. Climatec will prepare a detailed
Technical Energy Audit (“Audit”) to identify energy efficient and operational savings-related
infrastructure improvements. The Audit will be completed at no cost to the District. Upon
completion of the Audit, Climatec will propose scopes of work for energy efficient and
operational savings-related infrastructure improvements that require zero capital outlay from
the District. Staff will review proposed project scopes of work and determine which, if any, will
be presented to the Board for approval. The District is not obligated to move forward with any
scopes of work as a result of the Audit.
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STRATEGIC PLAN INITIATIVES:
G3 1B - Optimize use of existing technologies.; G3 1C - Explore non-traditional approaches to
improve operational efficiencies.; G3 2C - Evaluate and maintain sustainable operations (e.g.
energy and water use efficiency, staffing).
ATTACHMENTS:
1.Request for Qualifications
2.ESCO Services Score Sheet
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REQUEST FOR QUALIFICATIONS
TO PROVIDE
EFFICIENCY UPGRADES
ENERGY SERVICE PERFORMANCE CONTRACT
FOR THE
YORBA LINDA WATER DISTRICT
1717 E. MIRALOMA AVE.
PLACENTIA, CA 92870
NOVEMBER 18, 2019
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YORBA LINDA WATER DISTRICT
ADDENDUM NO. 1
REQUEST FOR QUALIFICATIONS
TO PROVIDE
EFFICIENCY UPGRADES
ENERGY SERVICE PERFORMANCE CONTRACT
Page 1 of 3
December 18, 2019
To: All Proposers
The Request for Qualifications (RFQ) dated November 18, 2019 shall be amended to include the changes
and additional material provided in this addendum. This addendum will become part of the RFQ.
Proposer shall acknowledge the receipt of Addendum No. 1 by attaching a copy of this addendum
to the Proposal as Appendix F. This will not count towards the not-to-exceed limit for pages
identified in Section 11 of the RFQ.
I. Questions & Responses:
1. Question: Page 7, Section 6.B.v: Can you please clarify what you mean by “Statement on
successful implementation of at least (5)” projects? Are you looking for a description of 5
projects, or reference information on those 5 projects, or something else? Specifically,
Section C, question iv. asks for 5 energy project references. How does Section B, question v.
differ from Section C, question iv?
Response: Section 6.B.v requires the Proposer to make a simple statement to say that they
meet this basic requirement. Section 6.C.iv requires the proposer to provide write-ups on the
actual projects.
2. Question: Page 9, Section 11: According to the RFQ, “Qualifications Submittals are restricted
to a total not-to-exceed limit of 12 double-sided, 8½” x 11” pages with a minimum 11-point
font, 1.15 line spacing, and margins on all sides no less than 0.5 inches. The page limit does
not include cover sheets, blank section dividers blank pages, and information requested in
appendices.” For clarity, if the table of contents represents only one page and is blank on the
back of the page, that would represent one page of a total of 24 pages of content (front and
back) or one of 12?
Response: Proposer may include a Table of Contents and this will not count towards the
page count.
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Page 2 of 3
3. Question: How many commercial and residential meters does the District supply water to?
Response:
As of November 30, 2019 the District bills for the following number of customer
connections:
Residential 23,527
Commercial 832
Landscape 919
4. Question: What is the District’s annual electrical usage (kWh) and cost ($) on average the
past few years?
Response:
See next page for graphic. This is the only available we are able to provide at this time.
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Page 3 of 3
YLWD ANNUAL ELECTRICAL COSTS
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REQUEST FOR QUALIFICATIONS
(RFQ)
ENERGY SERVICES
For the
YORBA LINDA WATER DISTRICT
1. PROJECT DESCRIPTION
The Yorba Linda Water District (the “District”) is interested in receiving qualifications
from Energy Services Companies (“ESCOs”) to provide a full range of energy services and
energy related improvements. For the purpose of this RFQ, ESCO refers to any entity that is
qualified to provide a turn-key utility conservation program that includes the services and meets
the requirements listed in this RFQ. The District intends to select an ESCO to perform ‘paid from
savings’ projects such as projects allowed under California Government Code Section 4217.10
et seq. The ESCO will take projects from conception through project design, construction, start-
up, commissioning, warranty phase and provide a performance guarantee. The objective of the
projects is to implement a number of energy efficient and operational savings-related
infrastructure improvements with zero capital outlay from the District. The projects will be paid
for from energy and operational savings over time and will continue to reduce energy costs
to the District once paid for in full. The selected ESCO will review District facilities during a
detailed Technical Energy Audit (“Audit”), which is also known as a “feasibility study” or
“investment grade audit.”
The successful ESCO will propose a project or projects that will provide:
• Project funding through guaranteed reduction in utility costs, procurement of
utility incentives, and/or energy grants;
• Reduction of energy consumption;
• Reduction of peak energy demands;
• Reductions in maintenance and other operational costs to the District;
• Renewable energy generation, storage, and arbitrage;
• Improvements and upgrades to the District’s infrastructure using only the project
funding generated through ESCO projects; and
• Positive public recognition.
The selected ESCO will be responsible for implementing tasks to achieve these project
goals. To implement these goals, the ESCO will enter into an Energy Performance Contract with
the District as described in Section 3 below.
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Energy Conservation Measures (ECMs):
The District anticipates that the selected ESCO will evaluate and propose ECMs
including, but not limited to:
• Heating ventilation & air conditioning (HVAC) system optimization, retrofit, upgrade, or
replacement
• Interior/ exterior area lighting retrofit or replacement
• Building envelope (windows, doors, and/or insulation) upgrades, retrofit, or replacement
• Metering upgrades, retrofit, or replacement
• Facilities / Infrastructure (e.g. pipes, pumps stations, reservoirs, generators) upgrades,
retrofits, repairs or replacement.
• Renewable Energy (e.g. solar energy) implementation and storage
2. SCOPE OF SERVICES
The District intends to address significant utility costs and to upgrade outdated and
obsolete equipment through this project. The District desires to engage services that enable
additional benefits that directly result from the energy efficiency and capital improvements, such
as improved operational efficiency, indoor environmental quality, and environmental stewardship.
The District is seeking an ESCO with demonstrated experience with California water
agencies to provide ‘turn-key’ services that will include, but are not limited the following
services:
• Conduct a comprehensive Audit of District facilities and infrastructure;
• Work closely with District personnel throughout process;
• Plan, design, manage, procure equipment, construct, start-up and commission projects;
• Arrange for project financing;
• Monitor and verify energy savings;
• Conduct performance testing;
• Prepare reports detailing energy savings, and provide a reconciliation plan for the District
if energy savings fall below projections;
• Provide information on ongoing operations and maintenance savings;
• Train District personnel on new equipment; and
• Provide guaranteed maximum costs, guaranteed savings, and a performance guarantee on
all ECMs.
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Technical Energy Audit:
• Perform an analysis of the information gathered and determine whether improvements can
be implemented to reduce energy consumption, generate cost savings, and/or increase
efficiency;
• Make recommendations for viable energy efficiency projects in the District based on the
Audit and the goals of the program; and
• Prepare and conduct a presentation with District staff to discuss the results of the Audit.
Design and Construction:
• Develop an overall project delivery method to be ‘turn-key;’
• Design the project(s) in consultation with District staff;
• Manage the selection of contractors with contract language approved by the District;
• Manage and administer the contractor’s work;
• Provide on-site construction management and integrate District employees to supplement
inspection services if requested by the District;
• Obtain all permits;
• Identify and obtain any applicable energy grants, rebates, or incentives;
• Direct equipment testing, commissioning, and monitoring to verify savings; and
• Provide complete record drawings.
Training:
• Train District personnel in the operation and maintenance of the newly installed or
upgraded equipment;
• Provide operating and maintenance manuals for all equipment installed or upgraded;
and
• Turn over all warranty information in the District’s name to the District.
3. ENERGY PERFORMANCE CONTRACT
The District seeks to maximize energy cost savings that will pay for facility upgrades
and energy services. Projects will be 100% financed by the selected ESCO through guaranteed
reduction in utility costs, operational costs, and the procurement of utility incentives and/or grants.
The capital improvements (equipment, installation, maintenance, monitoring, and related costs) are
expected to be financed through an Energy Performance Contract (“EPC”) that will require no
initial capital costs, with the option for the District to provide capital if desired, and achieve
significant long-term cost savings.
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EPC terms will include, but are not limited to:
• Detailed description of services to be provided;
• Schedules for completing project work;
• Specific financing arrangements and terms;
• Estimates of energy savings in kWh, therms, or other appropriate units;
• A description of ongoing measurement and verification (M&V) to quantify guaranteed
savings and performance;
• Guaranteed maximum cost and guaranteed savings;
• Life cycle proformas of proposed energy improvements, including annual maintenance
and operating assumptions and costs;
• A requirement for a performance bond guaranteeing that the Facility and/or systems will
be either completed as planned or restored to the original condition in the event of
default;
• A clause specifying who will be responsible for maintaining the equipment;
• A statement indicating the duration of the EPC.
4. PROJECT IMPLEMENTATION
Following a kick-off meeting between the selected ESCO and District staff, the first task
to be undertaken by the ESCO will be to perform a comprehensive Audit of District facilities and
infrastructure. Following the Audit, the ESCO will analyze the information gathered and
determine if it is cost effective to continue with implementation of the project and inform the
District of its findings. The ESCO will discuss various options and alternatives for energy projects
beyond those anticipated by this RFQ, which may enhance the viability of this project.
Following the Audit and review of the findings presented, if, and only if, the decision is
made to continue, the District will then contract with the ESCO to implement the
recommendations. This phase includes the long term EPC arrangement with the ESCO and
completion of the ‘turn-key’ project and services.
Operation and Maintenance services for the energy retrofits must be specified by the
ESCO. At a minimum, written equipment operation and maintenance standards and
comprehensive training of District staff in the operation and maintenance of the retrofits shall
be required. The District will also consider longer term operation, maintenance and training
needs.
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5. ESCO QUALIFICATIONS
All ESCOs must meet the following minimum requirements to participate in the District’s
RFQ process:
• Accredited by the National Association of Energy Services Companies (NAESCO).
• Included on the U.S. Department of Energy’s (DOE) Qualified List of Energy Service
Companies.
• Successfully implemented at least five (5) Energy Performance Contracts for public
agencies in the last five (5) years.
• Active General Contractor license in California for a minimum of 5 years .
• Long term (10+ years), well established ESCO.
• Minimum of $100 Million in bonding capacity for a single project.
The District will only consider submittals from ESCOs whose proposed team can
demonstrate the following background and capabilities to:
• Implement ECMs on water and wastewater projects for local districts, cities, and counties,
including retrofitting water and wastewater infrastructure to reduce energy
consumption;
• Procure public agency incentives;
• Provide a team of California licensed mechanical, electrical, structural, and civil engineers
as necessary;
• Provide 24-hour service and support;
6. QUALIFICATIONS SUBMITTAL
Each submittal should also address the requirements of this section, and should follow the
order of the items as shown herein.
A. Table of Contents
B. Executive Summary (include the following information):
i. Accreditation by the National Association of Energy Services Companies
(NAESCO);
ii. Inclusion in U.S. Department of Energy’s (DOE) Qualified List of Energy
Service Companies;
iii. Active General Contractor license in California for a minimum of 5 years.
(Include license number);
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iv. Location of your company’s ESCO office nearest to the District, and the
office which will be providing the majority of services to the District (if
differs from the former);
v. Statement on successful implementation on at least five (5) Energy
Performance Contracts for public agencies in the last five (5) years. Three
(3) energy projects must be located in Southern California and must
include at least 12 months of documented actual energy savings;
vi. Long term (10+ years), well established ESCO; and a
vii. Minimum of $100 Million in bonding capacity for a single project.
C. Team Experience
i. Describe your ESCO’s capabilities, including project team members and,
project experience in implementing projects for similar agencies.
ii. Provide organizational chart showing the proposed project team (may use
one side of an 11” x 17” fold-out page)
iii. In Appendix A, include resumes of up to 7 key project team members
(must include Project Manager and/or Project Director). Include
the following information:
1. Office location (City and State) of project team member;
2. Education and licenses/certifications;
3. Years of experience;
4. Relevant project experience and role on projects; and
5. Years with current firm and name of current firm if different from
Proposer.
iv. Include up to five (5) energy projects of similar or greater complexity that
your ESCO has completed within the past five (5) years. Water and
Wastewater agency projects are preferable. Three (3) of the five (5) energy
projects must be located in Southern California and must include at least
12 months of documented actual energy savings. Include the following
information:
1. Project description (include types of ECMs), equipment installed;
2. Project cost (total implementation cost);
3. Funding sources;
4. Guaranteed versus actual savings;
5. Verified total annual energy and operational savings;
6. Names and roles of project team members who participated on the
energy projects and are also on the proposed project team; and
7. Project Owner’s name, contact person, address, phone number and
email.
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D. Project Approach
i. Describe your ESCO’s project management approach, methodology, and
any other elements in the ESCO’s process for successful EPC completion.
Describe how the ESCO proposes to complete the work based on the
execution of an EPC through completion of the EPC, including
financing, developing, designing, and implementing an EPC.
ii. Describe in detail how the ESCO would approach the design requirements
for this type of project (construction documents, as-built documents,
specifications, permits, etc.). Does the ESCO plan to self-execute the
design engineering?
iii. Describe your ESCO’s capabilities and experience in providing technical
training for facility personnel on past projects.
iv. In Appendix B, include a sample of a recently executed EPC with another
water agency.
E. Financial Information:
i. Provide a detailed description of ESCO’s approach for pricing on this type
of project, including total mark-up on subcontractors and material
showing a breakout of overhead and profit.
ii. State if the Audit and Audit recommendations will be charged to the
District.
iii. Describe your ESCO’s energy savings guarantee, including M&V protocol.
iv. Describe the methodology for calculating energy savings and methodology
to assign dollar values to the savings calculations.
v. In Appendix C, include a copy of your ESCO’s recent Technical Energy
Audit with a water agency.
vi. In Appendix D, include a copy of your ESCO’s most recent audited
financial statements.
F. Appendices:
i. Appendix A
ii. Appendix B
iii. Appendix C
iv. Appendix D
v. Appendix E
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7. EVALUATION PROCESS AND SELECTION CRITERIA
Evaluation of the Qualifications Submittals will be based upon a competitive selection
process. The Qualifications Submittals will be evaluated for completeness and compliance with
the RFQ requirements. An evaluation committee consisting of representatives of the District
will review and rank each submittal based on the evaluation criteria identified below:
• Team Experience 40%
• Project Approach 40%
• Financial Information 20%
If an acceptable contract cannot be reached within 90 days from the date of selection,
negotiations with the second ranked ESCO may be initiated, and subsequent ESCOs as may be
required.
10. QUESTIONS, REQUESTS FOR CLARIFICATION AND EXCEPTIONS
In the event that the ESCO has any questions, requests for clarification, or would like to
take an exception regarding any part of this RFQ or its attachments, the ESCO shall notify the
District in writing to District’s Engineering Manager, Rosanne Weston at rweston@ylwd.com
with its concerns no later than the deadline listed in Section 12. Questions, Requests for
Clarification and Exceptions submitted after this date will not be considered.
Exceptions will only be considered if all Qualifications Submittals are allowed the same
exception. The District reserves the right to approve or deny any and all requested exceptions.
11. INSTRUCTIONS TO SUBMIT QUALIFICATIONS SUBMTTAL
Qualifications Submittals shall be concise and organized in the order specified in Section
6. Qualifications Submittals received after the date and time listed in Section 7 shall not be
accepted.
• Qualifications Submittals are restricted to a total not-to-exceed limit of 12 double-sided,
8½” x 11” pages with a minimum 11-point font, 1.15 line spacing, and margins on all sides
no less than 0.5 inches. The page limit does not include cover sheets, blank section dividers
blank pages, and information requested in appendices. An organizational chart may be
printed on one side of an 11” x 17” page if desired, and shall be included in the above-
mentioned page limit. Extraneous pages will not be reviewed by the District, and the
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District reserves the right to return the ESCO’s Qualifications Submittal without further
consideration if extraneous pages are included the Qualifications Submittal.
• Qualifications Submittals shall be enclosed in sealed packages. The ESCO’s name and
address shall appear clearly on the package. If multiple packages are submitted, each
package shall be labeled similarly and also be legibly numbered (i.e. 1 of 3, 2 of 3, etc.).
• ESCO shall submit four (4) bound hardcopies of the Qualifications Submittal. ESCO shall
also submit one Flash Drive containing the complete Qualification Submittal as a single
PDF file that must be identical to the submitted hardcopies. If several PDF or other format
files are included on the Flash Drive, the Qualifications Submittal may be deemed non-
responsive and may be rejected. Qualifications Submittals shall be mailed or hand-
delivered to the following address:
Yorba Linda Water District
1717 E. Miraloma Ave.
Placentia, CA 92870
Attn: Rosanne Weston, Engineering Manager
Re: Efficiency Upgrades Energy Service Performance Contract Qualifications
Submittal
The District will not be responsible for Qualifications Submittals that are delinquent,
lost, mismarked, sent to an address other than the address provided above, or sent by mail or
courier service and not signed and time stamped by the District.
12. QUALIFICATIONS SUBMITTAL SCHEDULE
• RFQ Issued: Monday, November 18, 2019
• Mandatory Pre-Submittal Conference*: Thursday, December 5, 2019 @ 10 a.m.
• Last day for ESCO questions: Tuesday, December 17, 2019 @ 5 p.m.
• RFQ due: Thursday, January 9, 2020 @ 10 a.m.
• Anticipated ESCO Selection: Thursday, February 13, 2020
* The mandatory Pre-Submittal Conference will be held at the District’s office at 1717 E.
Miraloma Ave., Placentia, CA 92870. At least one representative from the ESCO’s company is
required to be present at this mandatory conference and sign in on the Sign-In sheet provided by
the District. Only ESCOs that have representation at this mandatory conference may propose on
this RFQ.
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13. GENERAL TERMS AND CONDITIONS
Qualifications Submittals shall be valid for a period of 180 days after the due date for the
RFQ submittal. A Qualifications Submittal may be withdrawn if written notification of withdrawal
is signed by an authorized representative of the ESCO and received at the District office prior to
closing time for receipt of Qualifications Submittals. ESCOs cannot be changed or withdrawn
after the time designated for receipt. Qualifications Submittals (including accompanying
materials) will become the property of the District. Qualifications Submittals will be held in
confidence to the extent permitted by law. After award of a contract or after rejection of all
Qualifications Submittals, the Qualifications Submittals will be public records subject to
disclosure under the California Public Records Act (Government Code Section 6250 et seq.).
News releases pertaining to the award of any contract or EPC resulting from this RFQ
shall not be made by ESCOs without prior approval of the District. The District’s name shall not
appear on customer lists, advertising or other materials used to promote the ESCO’s services
without prior written approval of the District.
The District reserves the right to:
• Request additional information from prospective ESCOs prior to final selection and
to consider information about a ESCO other than that submitted in the Qualifications
Submittal;
• Select for contract negotiations the ESCO that, in the District’s judgment, will best
meet the District’s needs;
• Select the ESCO most advantageous to the District;
• Verify all information submitted in the Qualifications Submittal;
• Withdraw this RFQ at any time without prior notice before a contract is awarded;
• Amend this RFQ; and
• Reject any or all Qualifications Submittals.
The District will not pay for any information contained in the Qualifications Submittals
obtained from participating ESCOs.
The District is not liable for costs incurred by ESCOs prior to issuance of a contract. The
District also may negotiate separately with any source in any manner necessary to serve the best
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interest of the District. Selection (if made) will be based on the methodology set forth in Section
7.
14. AFFIDAVIT OF NON-COLLUSION
The attached Affidavit of Non-Collusion (Exhibit 1) must be included in Appendix E of
the ESCO’s Qualifications Submittal and be signed by an authorized signatory of the ESCO.
Otherwise, the Qualifications Submittal will be deemed non-responsive and will be rejected.
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EXHIBIT 1
AFFIDAVIT OF NON-COLLUSION
The following Affidavit of Non-Collusion must appear in ESCO’s Qualifications Submittal
and be signed by an authorized signatory of the ESCO. Otherwise, the Qualifications
Submittal will be deemed nonresponsive and rejected.
I, ___________________________________ [NAME OF AUTHORIZED
REPRESENTATIVE], hereby attest that I am the ________________________________
[REPRESENTATIVE’S TITLE] of _____________________________________________
[LEGAL NAME OF ESCO], who submits this Qualifications Submittal to the Yorba Linda
Water District, and further attest:
1. That this Qualifications Submittal is made without collusion with any other
person, firm or corporation and that the only person or parties interested as principals are
named therein.
2. That _____________________________________ [LEGAL NAME OF ESCO]
has not offered any gratuities, favors, or anything of monetary value to any official,
employee, or agent of the District for the purpose of influencing consideration of this
Qualifications Submittal.
I certify under penalty of perjury that the above information is correct
By: ______________________________________
Title: ______________________________________
Date: ________________
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1 2 3
Climatec Engie Trane
Project: RFQ to Provide Efficiency Upgrades - Energy Service Performance
Contract
YLWD ESCO Services Score Sheet - 2/13/2020
84%83%76%
Page 21 of 93
ITEM NO. 5.2.
AGENDA REPORT
MEETING DATE:February 18, 2020
TO:Board of Directors
FROM:Marc Marcantonio, General Manager
STAFF CONTACTS:Rosanne P. Weston, Engineering Manager
Ricardo Hipolito Jr., Engineering Technician II
SUBJECT:Terms and Conditions for Sewer Service with Binion, 5282 Sunset
Lane
RECOMMENDATION:
That the Board of Directors approve the Terms and Conditions for Sewer Service with Binion,
5282 Sunset Lane, Job No. 2020-06S.
SUMMARY:
Dana and Janet Binion requested to connect their home at 5282 Sunset Lane, Yorba Linda, to
the public sewer system. They currently are utilizing a septic system. The property is
approximately 0.49 acres and is located within the Western Service Area. An exhibit depicting
the project location is attached for your reference.
FISCAL IMPACT:
Funding Source: Developer Funded
Account No: 2-2600
Job No: 2020-06S
BACKGROUND:
The proposed project is located in Drainage Area "1" within the District's Western Service
Area. The District has an existing 8-inch sewer main pipeline in Sunset Lane that terminates at
the existing manhole near the horse trail. The applicant requests to extend 203 feet of sewer
main, northeasterly along Sunset Lane, to install a lateral to their property.
Engineering staff has determined that the proposed length is appropriate, but requires that the
sewer main include a terminal manhole and lateral stub-out for potential future connection, in
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accordance with the District Rules and Regulations for Sewer Service and in compliance with
District Sewer Standards and Specifications.
The Terms and Conditions for Sewer Service with Binion are attached for the Board's
consideration.
ATTACHMENTS:
1.Terms and Conditions
2.Exhibit
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Date: February 25, 2020
YORBA LINDA WATER DISTRICT
TERMS AND CONDITIONS
FOR SEWER SERVICE
NAME OF APPLICANT: DANA & JANET BINION
LOCATION OF PROJECT: 5282 SUNSET LANE, YORBA LINDA
TRACT NUMBER: N/A JOB NUMBER: 2020-06S LOT(S): 1
The applicant will be required to complete to the satisfaction of the District the following
items that have an “X” following the number.
1) ☒ The applicant shall provide the District with a copy of the Grant Deed or Title
Report of the property to be served.
2) ☒ The applicant shall include information deemed necessary by the District in
the event the applicant is required to file a Department of Real Estate Tax
Disclosure statement.
3) ☒ The applicant shall submit two (2) sets of the improvement plans to the
District for plan check processing.
a) Improvement Plans
b) Grading Plans
c) Tract, Parcel or Vesting Map
d) Landscaping Plans
4) ☒ Improvement Plans submitted for plan check shall comply with the submittal
requirements established by the YLWD Engineering Department.
5) ☐ The applicant shall dedicate or obtain all easements deemed necessary by
the District in accordance with the Rules and Regulations of the District. All
easement documents shall be prepared under the supervision of and
stamped by a Professional Land Surveyor or a Registered Civil Engineer
(licensed prior to January 1, 1982) licensed to practice in the State of
California.
6) ☒ The applicant shall provide the District with a copy of the Recorded
Tract/Parcel Map(s) or Easement Documents illustrating all District
easements required by Term and Condition No. 7, prior to requesting
occupancy releases.
7) ☐ The applicant shall prepare and process all easements to be quitclaimed by
the District in accordance with the Rules and Regulations of the District.
Page 24 of 93
Page 2 of 5
NAME OF APPLICANT: DANA & JANET BINION
LOCATION OF PROJECT: 5282 SUNSET LANE, YORBA LINDA
8) ☒ The applicant shall furnish the District with a 24-hour emergency telephone
number prior to the District’s approval of the construction plans.
9) ☒ The applicant shall notify the District 48 hours prior to initiating any work
related to required or proposed improvements.
10) ☒ The applicant shall complete a Temporary Construction Meter Permit
application for all water to be used in construction work and all water used
under such permit shall be taken from the approved construction meter.
11) ☒ The applicant shall provide, per the District specifications, the "As Built"
AutoCAD file (version 2016 or earlier) of the Water and/or Sewer facilities.
12) ☐ The applicant shall complete an Application to and Agreement with the Yorba
Linda Water District for Water Service.
13) ☐ The applicant shall pay all of the water fees as required by the Rules and
Regulations for Water Service of the District.
14) ☐ The applicant shall pay meter fees associated with the installation of radio
read meters for this project.
15) ☐ The applicant shall comply with the Rules and Regulations for Water Service
of the Yorba Linda Water District.
16) ☐ The applicant shall provide the District with a set of plans stamped and
approved by the Orange County Fire Authority, or fire agency having
jurisdiction, that identifies approved fire hydrant locations. Such approved
plan must be submitted to the District before staff will initiate a District plan
check for water improvements.
17) ☐ The applicant shall have all water facilities designed in accordance with the
District's Water Facilities Plan and the Standard Specifications and Drawings
for Construction of Domestic Water and Sewer Facilities. All design plans
shall be prepared under the supervision of and stamped by a Registered Civil
Engineer licensed to practice in the State of California.
18) ☐ The applicant’s engineer shall provide a computer hydraulic analysis report
to confirm that the District’s existing water system can accommodate the
project.
19) ☐ The applicant’s future water facilities, shall be conveyed to the District as
indicated on applicant’s future Water Improvement Plans approved by the
District.
Page 25 of 93
Page 3 of 5
NAME OF APPLICANT: DANA & JANET BINION
LOCATION OF PROJECT: 5282 SUNSET LANE, YORBA LINDA
20) ☐ The applicant shall be required to conduct flow tests at their cost in the event
the Orange County Fire Authority requires a flow test, and provide an
approved copy to the District. A District representative shall be present to
witness the flow test.
21) ☐ The applicant shall comply with all additional District requirements, relative to
the fire protection system, fire hydrant construction and fire hydrant locations.
22) ☐ The applicant shall install water Sampling Station(s) in conformance with
the District’s Standard Specifications and Drawings for Construction of
Domestic Water and Sewer Facilities.
23) ☐ The applicant shall provide a completed Surety Bond for the water facilities
prior to the District signing the Water Improvement Plans. The applicant shall
also provide to the District an estimate of the construction costs of the
proposed water facilities.
24) ☐ The applicant shall install the curb and gutters a minimum of one week prior
to the installation of the water main and services.
25) ☐ All existing water services that are not useable in the new plan shall be cut
and plugged at the main line.
26) ☐ The applicant shall coordinate through the District all connections of new
water facilities to the existing District facilities.
27) ☐ The applicant shall provide a written copy of the Bacteriological Report prior
to occupancy releases certifying that the water meets the Health
Department's requirements.
28) ☐ The applicant shall adjust and raise to grade all valve covers within the limits
of this project.
29) ☐ The applicant shall install a pressure regulator in all buildings that have over
80 p.s.i. static water pressure in accordance with the appropriate building
codes.
30) ☐ The applicant shall install a District approved backflow device in connection
with any private fire suppression sprinkler facilities that may be required by
the Orange County Fire Authority or fire agency having jurisdiction.
31) ☐ The applicant shall install a reduced pressure principle backflow prevention
device on all commercial buildings and landscape services.
Page 26 of 93
Page 4 of 5
NAME OF APPLICANT: DANA & JANET BINION
LOCATION OF PROJECT: 5282 SUNSET LANE, YORBA LINDA
32) ☐ The applicant shall install and provide a written test report to the District for
each backflow device certifying that the backflow devices are operating
properly.
33) ☐ The applicant shall install and provide a written test report to the District
certifying that the double check detector assembly is operating properly prior
to the double check detector assembly being turned on for service.
34) ☐ The applicant shall provide an annual written test report to the District
certifying that the backflow devices and fire detector assemblies are operating
properly pursuant to the District’s Backflow Prevention Program and the State
of California Administrative Code, Title 17, Public Health Rules and
Regulations Relating to Cross-Connections.
35) ☐ The applicant shall complete a Sewer Connection Application and Permit for
Sewer Service.
36) ☒ The applicant shall complete an Application to and Agreement with the Yorba
Linda Water District for Sanitary Sewer Service.
37) ☒ The applicant shall comply with the Rules and Regulations for Sewer Service
of the Yorba Linda Water District.
38) ☒ The applicant shall pay all of the sewer fees as required by the Rules and
Regulations for Sewer Service of the District.
39) ☒ The applicant shall have all sewer facilities designed in accordance with the
District's Sewer Master Plan and the Standard Specifications and Drawings
for Construction of Domestic Water and Sewer Facilities. All design plans
shall be prepared under the supervision of and stamped by a Registered Civil
Engineer licensed to practice in the State of California.
40) ☐ The applicant’s engineer shall provide sewer flow calculations to confirm that
the District’s existing sewer system can accommodate the peak wastewater
generation from the project.
41) ☒ The applicant shall provide a completed Surety Bond for the sewer facilities
prior to the District signing the Sewer Improvement Plans. The applicant shall
also provide to the District an estimate of the construction costs of the
proposed sewer facilities.
42) ☒ The applicant’s sewer facilities (on-site) shall be Privately owned and
maintained.
43) ☒ The applicant shall construct a sewer main and appurtenances in
conformance with the approved plans and the District’s Standard
Page 27 of 93
Page 5 of 5
NAME OF APPLICANT: DANA & JANET BINION
LOCATION OF PROJECT: 5282 SUNSET LANE, YORBA LINDA
Specifications and Drawings for Construction of Domestic Water and Sewer
Facilities.
44) ☒ The applicant shall adjust and raise to grade all sewer manhole covers within
the limits of this project.
45) ☒ The applicant shall install a sewer backflow prevention valve on all sewer
service connections in which the pad elevations of the property being served
is lower than the rim elevation of the upstream manhole. Installation of the
backflow device shall comply with all requirements of the Building and
Plumbing Codes of the appropriate agency having jurisdiction.
46) ☒ The applicant shall submit a video inspection report of their sewer project in
DVD format. The video of the sewer facilities shall be conducted in the
presence of the District inspector, which will include stationing locations of
manholes, cleanouts, wyes, laterals, backflow devices and appurtenances.
(END OF STANDARD TERMS AND CONDITIONS)
PROJECT SPECIFIC TERMS AND CONDITIONS
47) ☒ The applicant shall construct approximately 203 feet of new 8-inch PVC
sewer main with one terminal manhole, one sewer lateral and one sewer
stub-out, per approved plans and District Specifications. The applicant shall
be reimbursed per District Rules and Regulations for Sewer Service, when
neighboring homes connect to the lateral stub-out.
I hereby certify that the foregoing Terms and Conditions were approved at the Click or tap to enter a date. Regular
Meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms
and Conditions shall become void six (6) months from the approval date if a formal Water
and Sewer Service Agreement between Yorba Linda Water District and the applicant is not
executed for the project under consideration.
Marc Marcantonio, General Manager
Page 28 of 93
Page 6 of 5
NAME OF APPLICANT: DANA & JANET BINION
LOCATION OF PROJECT: 5282 SUNSET LANE, YORBA LINDA
Reviewed by: Rosanne P. Weston, PMP
Engineering Manager
Page 29 of 93
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YORBA LINDA WATER DISTRICT SEWER MAIN EXTENSION DATE:
1717 E. MIRALOMA AVENUE FOR 02/25/2020
5282 SUNSET LANE FILENAME:
PLACENTIA, CALIFORNIA 92870
(714) 701-3100 2020-06S
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ITEM NO. 5.3.
AGENDA REPORT
MEETING DATE:February 18, 2020
TO:Board of Directors
FROM:Marc Marcantonio, General Manager
STAFF CONTACTS:Rosanne Weston, Engineering Manager
Divya Agrawalla, Principal Engineer
SUBJECT:Professional Services Agreement for PFAS Treatment Plant
Owner's Advisor Services
RECOMMENDATION:
That the Board of Directors authorize the General Manager to execute a Professional Services
Agreement (pending review and approval as to form by General Counsel) for PFAS Treatment
Plant Owner's Advisor Services with Carollo Engineers, Inc.
SUMMARY:
In order to build the new PFAS Water Treatment Plant in an expedited manner, the District
has identified the need to enter into an Agreement with an Owner's Advisor consultant that
specializes in Design-Build.
FISCAL IMPACT:
Budgeted: Yes
Total Budget: $1,500,000
Cost Estimate: $1,543,238
Funding Source: CIP
Job No: 2020-05
BACKGROUND:
The District will be building a new water treatment plant to treat Per- and Poly-fluoroalkyl
substances (PFAS) due to the new Response Levels released by the Division of Drinking
Water (DDW) on February 6, 2020. In order to complete this in an expedited manner, the
District has identified the need to contract with an engineering firm to provide services as an
Owner's Advisor (OA) to the District. This is in lieu of hiring additional engineering staff to
Page 31 of 93
complete this task.
The District issued the attached Request For Proposals (RFP) on January 8, 2020, and
received two proposals from Carollo Engineers and GHD. The proposal evaluation committee
consisted of YLWD and OCWD staff. Based on the committee's evaluation, the District
recommends that Carollo Engineers be awarded a Professional Services Agreement for this
project.
In summary, the OA will prepare conceptual design plans, CEQA documents, RFQ and/or
RFP for the Design-Build Contract, and will be the District's representative during negotiations
with the contractor. The OA will monitor the contractor's schedule and cost and will provide
construction management and inspection services, as needed. The OA will also help the
District obtain a DDW permit for operating the Treatment Plant and will be available through
the warranty period to assist the district with any operations issues that arise during that time.
The District anticipates being reimbursed for these services by OCWD through a
reimbursement agreement.
STRATEGIC PLAN INITIATIVES:
SR G1 4B Address infrastructure needs by updating/implementing the Capital Improvement
Plan; SR G3 2B Address the District's future infrastructure needs; and SR G3 2C Evaluate
and maintain sustainable operations (e.g. energy and water use efficiency).
ATTACHMENTS:
1.Request for Proposals & Addenda
Page 32 of 93
REQUEST FOR PROPOSALS
TO PROVIDE
OWNER’S ADVISOR SERVICES FOR
PFAS WATER TREATMENT PLANT
FOR THE
YORBA LINDA WATER DISTRICT
1717 E. MIRALOMA AVE.
PLACENTIA, CA 92870
JANUARY 8, 2020
Page 33 of 93
RFP for Owner’s Advisor Services for PFAS Water Treatment Plant Page 1 of 10
Yorba Linda Water District January 8, 2020
Table of Contents
Table of Contents .......................................................................................................................................................... 1
1. INTRODUCTION AND PROJECT DESCRIPTION .......................................................................................... 2
2. ELIGIBILITY ....................................................................................................................................................... 2
3. SUMMARY OF SERVICES ................................................................................................................................ 3
4. PROJECT SCHEDULE ........................................................................................................................................ 3
5. RFP SCHEDULE ................................................................................................................................................. 4
6. ELEMENTS OF PROPOSAL .............................................................................................................................. 4
7. INSTRUCTIONS TO SUBMIT PROPOSALS .................................................................................................... 6
8. EVALUATION PROCESS AND SELECTION CRITERIA ............................................................................... 7
9. GENERAL TERMS AND CONDITONS ............................................................................................................ 8
10. CONFLICT OF INTEREST AND AFFIDAVIT OF NON-COLLUSION .......................................................... 8
Page 34 of 93
RFP for Owner’s Advisor Services for PFAS Water Treatment Plant Page 2 of 10
Yorba Linda Water District January 8, 2020
1. INTRODUCTION AND PROJECT DESCRIPTION
The Yorba Linda Water District (District) is a public agency that provides water and sewer services
to residents and businesses in Yorba Linda and parts of Placentia, Brea, Anaheim, and unincorporated
Orange County. The District requests Proposals from consultants to serve as the Owner’s Advisor
(OA) for the design, construction, commissioning, and warranty period of the District’s PFAS
Treatment Plant.
Per- and poly-fluoroalkyl substances (PFAS) are emerging contaminants that are not currently
regulated by federal or state entities. However, the California Division of Drinking Water (DDW)
has published a Response Level (RL) for the total combined concentration of two PFAS compounds
– PFOA and PFOS. DDW has made it known that it will be setting individual RLs for PFOA and
PFOS in the first quarter of 2020.
The District has eleven (11) active groundwater wells and four (4) purchased water connections with
the Metropolitan Water District (three treated and one untreated water connections). The District
has planned for two additional wells, one of which has already been drilled but is not equipped yet.
The schedule for the completion of these two wells has not yet been determined. The Orange County
Water District (OCWD) samples and tests the water from the District’s 11 groundwater wells on a
monthly basis. The District chlorinates and blends water from District wells to keep the contaminants
below the MCLs.
A low level of PFAS compounds has been detected in the samples taken by OCWD that are below
the current RL when measured at the Highland Reservoir where all of the groundwater is blended
before being served to District customers. However, it is anticipated that DDW will set individual
RLs for PFOA and PFOS at new lower concentrations that will require the District to treat the water
from all of its groundwater wells. Once the new lower RLs have been set, the District will switch
over to 100% import water until the PFAS Treatment Plant (Plant) is constructed and commissioned.
The District plans to design and construct a Plant utilizing design-build (DB) delivery and has
identified a need to contract with a Consultant to serve as an OA, including implementation of the
DB procurement process described in Section 22164 of the Public Contract Code.
The goal is to have the Plant operable by August 2021; therefore, time is of the essence for the
implementation of the Project. The capacity of the Plant is anticipated to be about 20 MGD; however,
the Consultant will be expected to evaluate and recommend a design capacity for the Plant.
The District is currently conducting a pilot test at Well No. 21 to test three resins for ion exchange
and one granular activated carbon (GAC) media for PFAS treatment efficiency. Data from this test
will be made available to the Consultant. In addition, Carollo Engineers, Inc. is conducting a PFAS
Treatment Systems Planning Study for Orange County Water District (OCWD). This study will
analyze treatment options for the District based on the Districts unique water quality and operational
needs. Jacobs Engineering Group will be conducting bench scale testing for PFAS removal on water
taken from the District’s Well No. 21. Data and reports from the Planning Study and the bench scale
testing will be made available to the Consultant.
2. ELIGIBILITY
To be eligible, Consultant shall have engaged as an owner's advisor on water treatment projects with
individual project values of at least thirty million dollars ($30,000,000) within the past eight (8)
years. In addition, Consultant must have recent, significant experience with water treatment projects
Page 35 of 93
RFP for Owner’s Advisor Services for PFAS Water Treatment Plant Page 3 of 10
Yorba Linda Water District January 8, 2020
of similar scope and complexity and have extensive experience and expertise in permitting and
processes for this type of project. Also, firms may not be engaged in work for other clients that pose
or create a conflict of interest in representation of the District.
The Consultant shall identify at least one (1) key team member's experience with DDW and
demonstrate having brokered successful permitting of a Water Treatment Plant of similar size and
complexity. Consultant shall also identify at least one (1) key team member's experience with
implementing the DB procurement process.
The District reserves the right to add addenda to this RFP. Proposing firms that do not acknowledge
all addenda to this RFP shall be considered non-responsive.
3. SUMMARY OF SERVICES
The Owner's Advisor will assist the District in achieving a successful outcome of the Project, with
the goal of completing the Project within the District’s budget and schedule, and proactively act and
advise in the District’s best interest. The duration of services is anticipated to last 1.5 to 2 years from
Notice to Proceed through Initial Acceptance of the Project and an additional year for the warranty
phase.
The Consultant shall provide adequate personnel and resources to accomplish the objectives of the
requested services, and key personnel must be identified. The District prefers no change of key
personnel involved, if at all possible, throughout the duration of the project. Substitution of key
personnel on this contract will not be permitted without written approval by the District.
The Scope of Services for this Project is attached as Exhibit 1.
4. PROJECT SCHEDULE
Time is of the essence for this project and it is critical to complete this project on time or ahead of
schedule. The District will be serving expensive imported water to its customers until the plant is in
operation. The following is the expected project schedule:
a. Consultant’s assistance with preparing the RFP, development of 10% design documents, and
cost and schedule development.
b. Consultant’s assistance with questions on the RFP, selection of DB consultant/contractor, and
preparation of agreement.
c. Consultant’s assistance during construction.
d. Consultant’s assistance with commissioning and start-up of the Treatment Plant.
e. Consultant’s assistance during the warranty period.
f. Optional item: Consultant’s assistance with preparing an RFQ prior to the RFP for DB contract.
g. Weekly meetings shall be expected with the Consultant throughout the duration of the
Agreement.
Page 36 of 93
RFP for Owner’s Advisor Services for PFAS Water Treatment Plant Page 4 of 10
Yorba Linda Water District January 8, 2020
5. RFP SCHEDULE
a. RFP Issued: January 8, 2020
b. Mandatory Pre-Proposal Conference*: January 16, 2020 at 10 a.m.
c. Last day for Consultant questions**: January 24, 2020
d. Proposals due: February 10, 2020 at 2 p.m.
e. Anticipated PSA Award: February 27, 2020
f. Anticipated Notice to Proceed: March 2, 2020
* The Mandatory Pre-Proposal Conference will be held at the District’s office at 1717 E. Miraloma
Ave., Placentia, CA 92870. At least one representative from the Consultant’s company is
required to be present at this mandatory conference and sign in on the Sign-In sheet provided by
the District. Only Consultants that have representation at this mandatory conference may
propose on this RFP.
** Consultant shall notify the District of Questions, Requests for Clarification, or Exceptions (QRE)
in writing to the District’s Project Manager, Divya Agrawalla, at dagrawalla@ylwd.com no later
than the deadline noted above. QREs submitted after this date will not be considered. QREs
submitted with the Proposal may result in the Proposal being deemed non-responsive.
Exceptions will only be considered if all Proposals submitted are allowed the same exception.
The District reserves the right to approve or deny any and all requested exceptions.
6. ELEMENTS OF PROPOSAL
The information requested below will be used to evaluate the Consultant’s Proposal. The Proposal
shall include, at a minimum, the following information in the exact order noted below:
a. Cover Page
b. Table of Contents
c. Executive Summary Letter: This letter shall be a brief formal letter that provides information
regarding the Consultant and their ability to perform the requirements of this RFP. This letter
shall include the following information:
Complete legal company name (as it should appear in a contract)
Company address
Contact person, telephone number, and e-mail address
Identify all Team members and Sub-Consultants along with their position and responsibility
on this Project in Exhibit 2
Willingness and ability to provide the required insurance coverage
Warrants and represents that there is no actual or potential conflict of interest between
Consultant’s business, other clients, real property, or financial interests and the Services to
be provided under the attached PSA
Acknowledge receipt of each addendum to the RFP issued
The letter shall be signed by an individual authorized to bind the proposing entity and shall
contain a statement indicating that the Proposal is valid for 90 days after the due date for the RFP
submittal.
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RFP for Owner’s Advisor Services for PFAS Water Treatment Plant Page 5 of 10
Yorba Linda Water District January 8, 2020
d. Introduction and Project Management: Brief overview of the Consultant, Sub-Consultants and
Consultant’s Team as related to this RFP. Provide a description of the Consultant’s Project
management approach, tools, communication, and QA/QC procedures as applicable to this RFP.
e. Consultant Team, Experience and Qualifications: Provide a specific organizational chart
identifying the Consultant’s Project Manager who will be the main contact with the District
during the Project, and key personnel by name, title, role, company, and work office location.
Provide experience and qualifications overview of the Consultant, Sub-Consultants, and
personnel who will be involved with this Project. Emphasis shall be placed on specific
requirements outlined in this RFP. Provide three (3) to five (5) write-ups of specific experience
in serving as an Owner’s Advisor to clients on PFAS and/or Ion Exchange Treatment Plant
facilities. The write-ups shall include a summary of the project, services provided, professional
services and construction costs versus original budgets, original project schedule versus final
schedule, the outcome/benefits, and names of project participants. The write-ups shall also
include experience and approach in developing DB procurement documents, demonstrate
experience in successful contract negotiations in an OA capacity, demonstrate understanding and
appropriate use of a Guaranteed Maximum Price (GMP) in DB contracts, and summarize team
approach and types of resources used to estimate and cost-validate milestones.
Include contact information for clients’ Project Managers in the write-ups so the District may
perform reference checks, and included an executed Reference Authorization and Release Form
(Exhibit 6). Failure to provide an executed Reference Authorization and Release Form may
result in the Proposal being deemed non-responsive.
Describe how Consultant Team collaborated on other similar projects and include information
on past working relationship with Sub-Consultants. Provide information on proposed Sub-
Consultants with contact information and their specific roles.
f. Schedule: Provide two detailed Project schedules with milestones in a Microsoft Project format
based on the Notice to Proceed noted in Section 5 above. The first schedule will assume that
only an RFP is prepared for the DB contract. The second schedule will include an RFQ prior to
the RFP for the DB contract. Please note that time is of the essence in the completion of this
Project.
g. Appendices:
Concise Resumes: Provide concise resumes of the Consultant’s Project Manager and each
key Consultant Team member. Include credentials, years of experience, specific roles in the
proposed project, office location, experience on similar projects, and expertise.
Insurance: Written proof of insurance from either the Consultant's insurance carrier or
equivalent regarding the Consultant’s professional liability coverage. Insurance
requirements are described in the attached PSA.
h. Litigation History: Litigation and claims history over the past five (5) years in which the
proposing firm or any of its principals were named in a claim or lawsuit related to the proposing
firm's provision of goods or services. Include a list of any ongoing or settled claims, mediations,
Page 38 of 93
RFP for Owner’s Advisor Services for PFAS Water Treatment Plant Page 6 of 10
Yorba Linda Water District January 8, 2020
arbitrations, lawsuits, and judgments during the time period. The list shall provide the venue,
case name and number, description of the type of claim or suit, the general nature of the dispute,
whether it is ongoing or settled, and the general outcome if settled, but need not reveal the other
parties' names if it is not in the public record. The history shall be placed in a separate sealed
envelope labeled with the firm name and the notation "CONFIDENTIAL LITIGATION AND
CLAIM HISTORY". The sealed confidential envelope shall be placed inside the envelope or box
containing the firm's proposal.
i. Professional Services Cost Proposal: In a separate sealed envelope, provide a Cost Proposal
using the format provided in Exhibit 3. Failure to use the format in Exhibit 3 may result in the
Proposal being deemed non-responsive.
Costs shall be based on the Project Schedule provided above and shall be summarized based
on the phases mentioned in the Project Schedule.
A total fee shall be proposed for all work from Notice to Proceed until Initial Acceptance of
the Project.
Billing rates shall be provided for personnel for support during warranty period.
A separate optional line item shall be included for assisting the District with an RFQ for the
DB contract.
Include the billing classifications and associated billing rates for Consultant and billing
classifications and billing rates for Sub-Consultants to be used for this Project. Prevailing
wages shall be paid to any Sub-Consultant who provides labor for which a prevailing wage
classification has been established by the State of California Department of Industrial
Relations. The District reserves the right to request copies of certified payrolls and any other
documentation necessary to verify the payment of prevailing wages and fringe benefits from
Sub-Consultants of any tier in accordance with the California Labor Code.
Include markups on Sub-Consultant costs. Markups on Sub-Consultant costs shall not
exceed 10 percent. Markups on Other Direct Costs (ODCs) shall not be allowed, unless
otherwise approved by the District.
7. INSTRUCTIONS TO SUBMIT PROPOSALS
Proposals shall be submitted as noted below. Proposals received after the date and time listed in
Section 4 will not be accepted. Proposals shall be concise, well organized, and demonstrate the
Consultant’s, Sub-Consultant’s, and individual Consultant team member’s qualifications.
a. Proposals are restricted to a total not-to-exceed limit of 10 double-sided content pages (20 total
content pages), 8½”x11” sheets (with the exception of the organizational chart and Project
Schedules which may be printed on 11”x17” size sheets). A minimum of 11-point font size,
minimum 1.15 line spacing, and a minimum of 0.5-inch margins on all sides shall be used on all
content pages. The page limit does not include concise resumes, table of contents, section
dividers, blank pages, pre-printed attachments, organizational charts, Project Schedules, or cover
sheets.
b. Only one (1) Proposal will be accepted from the Consultant. If multiple options are offered, each
option must be submitted under a single Proposal and in a single package. All Proposals shall
be prepared in a comprehensive manner as to content, and no necessity exists for expensive
binders or promotional materials.
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RFP for Owner’s Advisor Services for PFAS Water Treatment Plant Page 7 of 10
Yorba Linda Water District January 8, 2020
c. A sample copy of the District's Professional Services Agreement (PSA) is attached as Exhibit 4
to this RFP. Please only respond to this RFP if you are able to execute the PSA. Also note that
the provisions within the executed PSA shall apply to Sub-Consultants. In submitting a Proposal
to this RFP, Consultant will be deemed to have agreed to each section in the PSA unless the
Proposal states an objection to language within the PSA and the District agrees in writing to
revise the objectionable language. District reserves the right to revise the PSA prior to
Consultant and District signing the PSA.
d. Proposals shall be enclosed in sealed packages. The Consultant’s name and address shall appear
clearly on the package. If multiple packages are submitted, each package shall be legibly
numbered (i.e. 1 of 3, 2 of 3, etc.).
e. Consultants shall submit four bound hardcopies of the Proposals. Consultant shall also submit
one Flash Drive containing the complete Proposal as a single PDF file. If several PDF or other
format files are included on the Flash Drive, the Proposals may be deemed non-responsive and
may be rejected. Proposals shall be mailed or hand-delivered to the Project Manager at the
following address:
Yorba Linda Water District
1717 E. Miraloma Avenue
Placentia, CA 92870
Attn: Divya Agrawalla, PE, Principal Engineer
Re: Proposal for Owner’s Advisor Services for PFAS Water Treatment Plant
The District will not be responsible for Proposals that are delinquent, lost, mismarked, sent to an
address other than the address provided above, or sent by mail or courier service and not signed and
time stamped by the District.
8. EVALUATION PROCESS AND SELECTION CRITERIA
Evaluation of the Proposals will be based upon a competitive selection process. Any pertinent
information that becomes available during the evaluation or negotiation period may be considered in
the evaluation. Proposals will be evaluated for completeness and compliance with the RFP
requirements. An evaluation committee consisting of representatives of the District and OCWD
will review and rank each submittal based on the evaluation criteria identified below. Consultant will
be chosen on the basis of the apparent greatest benefit to the District, and not necessarily on the basis
of lowest price.
Team experience and performance on similar projects 40%
Project approach and Proposed Project Schedules 30%
Cost Proposal 30%
Based upon this information, District staff will make a recommendation for award of a PSA to the
District’s Board of Directors. If an acceptable contract cannot be reached within 15 days from the
date of selection, negotiations with the second ranked Consultant may be initiated. The selected
Consultant shall be able to begin work immediately upon award of a PSA and shall be able to
maintain the required level of effort throughout the term of the PSA.
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Yorba Linda Water District January 8, 2020
9. GENERAL TERMS AND CONDITONS
Consultants may serve as a Sub-Consultant on multiple Proposal teams; however, a Consultant that
serves as the prime Consultant may not serve on more than one Proposal team.
Proposals may be withdrawn if written notification of withdrawal is signed by an au thorized
representative of the Proposer and received at the District office prior to closing time for receipt of
Proposals. Proposals cannot be changed or withdrawn after the time designated for receipt.
Proposals (including accompanying materials) will become the property of the District. Proposals
will be held in confidence to the extent permitted by law. After award of a PSA or after rejection of
all Proposals, the Proposals will be public records subject to disclosure under the California Public
Records Act (Government Code Section 6250 et seq.).
The District has the right to make alterations, eliminations and additions in the Project services.
Exercise of such right shall in no way void the PSA. The value of such extra services shall be agreed
upon by the District and the Consultant.
The District reserves the right to:
a. Request additional information from prospective Consultants prior to final selection and to
consider information about a Consultant other than that submitted in the Proposal.
b. Select for PSA negotiations the Consultant that, in the District’s judgment, will best meet the
District’s needs.
c. Select the Proposal most advantageous to the District.
d. Verify all information submitted in the Proposals.
e. Withdraw this RFP at any time without prior notice before a PSA is awarded.
f. Amend this RFP.
g. Amend the final PSA to incorporate necessary attachments and exhibits or to reflect negotiations
between the District and the successful Consultant
h. Reject any or all Proposals.
The District’s Project Manager will be available to answer the Consultant’s questions during the
entirety of the Project. The District will make available the following as necessary for the Project:
a. Record drawings, reports, and related material.
b. Templates of the District’s Design and Construction Standards.
c. Templates of General, Special, and Technical Provisions of the District’s Standard Construction
Specifications.
d. Access to District facilities as necessary.
e. Well and Reservoir water quality data as needed.
f. Data from the District’s pilot test.
g. Data and report from the PFAS Treatment Systems Planning Study being conducted by Carollo
Engineers, Inc.
h. Available results from bench scale testing to be conducted by Jacobs Engineering Group.
10. CONFLICT OF INTEREST AND AFFIDAVIT OF NON-COLLUSION
During the term of the PSA, Consultant shall comply with the Political Reform Act, Government
Code section 1090, and the District’s Conflict of Interest Code. Consultant warrants and represents
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Yorba Linda Water District January 8, 2020
that there is no actual or potential conflict of interest between Consultant’s business, other clients,
real property, or financial interests and the Services to be provided under the attached PSA.
Consultant shall immediately disqualify itself and shall not use its official position to influence in
any way, any Scope of Work submitted to Consultant in which Consultant has a financial interest as
defined in the Government Code. Consultant may not enter into any agreement during the
performance of the PSA which will create a conflict of interest with Consultant’s duties to District
under the PSA. Consultant must disclose any past, ongoing, or potential conflicts of interest which
Consultant may have as a result of performing Services under the PSA. In the event the District
determines a conflict of interest exists, such conflict may constitute grounds for termination of the
PSA.
The attached Affidavit of Non-Collusion (Exhibit 5) must appear in Consultant’s Proposal and
signed by an authorized signatory of Consultant. Otherwise, the Proposal will be deemed non-
responsive and rejected.
Sincerely,
YORBA LINDA WATER DISTRICT
Rosanne Weston, PE*, PMP
Engineering Manager
*FL and GA
Enclosures:
Exhibit 1: Owner’s Advisor Scope of Services
Exhibit 2: Consultant Personnel and Sub-Consultants List Template
Exhibit 3: Consultant Cost Proposal Template
Exhibit 4: YLWD Professional Services Agreement (PSA) Sample
Exhibit 5: Affidavit of Non-Collusion
Exhibit 6: Reference Authorization & Release Form
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YLWD Owner’s Advisor Services for PFAS Water Treatment Plant Page 1 of 9
Exhibit 1 – Owner’s Advisor Scope of Services January 8, 2020
EXHIBIT 1
OWNER'S ADVISOR SERVICES FOR
PFAS WATER TREATMENT PLANT
SCOPE OF SERVICES
SUMMARY OF SERVICES
Owner's Advisor (OA) shall be an advisor and technical expert to the Yorba Linda Water District (District)
to assist in achieving the successful completion of the PFAS Treatment Plant Project (Project) via a Design-
Build (DB) contract, from Project conception through the warranty period. OA services will include, but
not be limited to, overall Project management, documentation of existing conditions, preparation of a
treatment technology study, development of Conceptual Documents, development of the DB procurement
process in accordance with Section 22164 of the Public Contracts Code, participation in the DB contract
solicitation and award, oversight and management of the DB contract, assistance with commissioning,
assistance through the warranty period, as well as oversight of the DB contract during operational
assistance.
Throughout the term of the agreement, the Consultant serving as the District’s OA shall ensure the
availability of qualified staff with the discipline-specific expertise and experience to provide the necessary
engineering and technical support to the District at the time the support is needed. Consultant shall be
available to prepare presentations, if necessary, and attend District Board meetings that are held on the 2nd
and 4th Tuesdays of each month at 6:30pm in Placentia, California, and other District meetings as needed.
1. ADVICE AND PRE-DESIGN-BUILD ADMINISTRATIVE PHASE
a. During this phase, the Consultant shall:
Discuss Consultant responsibilities, limitations, District’s expectations, District and Consultant
main contacts and roles, and communication procedures.
Consult with the District to clarify the District's preliminary goals, objectives, constraints, and
requirements of the Project.
Develop and maintain a schedule for the Project that shall include at a minimum the
commencement date, major tasks and timeframes, key milestone dates, critical permitting and
approvals tasks, and substantial and final completion dates.
Conduct Project planning meetings bi-weekly or as recommended and agreed, as well as other
meetings requested by the District. The purpose of these meetings will be to review the Project
status to ensure that contract objectives and milestones are being achieved. Decisions, action
items, and issues shall be documented. Meeting minutes shall be prepared by the Consultant.
Provide document management of all Project related information, to include identification,
organization, and compilation of data.
Participate in coordination efforts between District staff and other consultants, approving
agencies, and other representatives as deemed necessary for the Project in a responsive and
timely manner.
Identify all governing authorities having jurisdiction over and who are authorized to comment
upon, oversee, approve, or permit any or all portions of the Project, and assist in obtaining
approvals or permits from authorities having jurisdiction over the Project. Stay up to date on
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Exhibit 1 – Owner’s Advisor Scope of Services January 8, 2020
State regulations regarding emerging contaminants and discuss with the District any new
information or regulations that are released.
2. TREATMENT TECHNOLOGY STUDY PHASE
a. During this phase, the Consultant shall assist the District in determining the appropriate water
treatment technology for the new plant:
Consultant shall identify, evaluate, and present all reasonably feasible treatment technology
alternatives, including but not limited to, granular activated carbon (GAC), ion exchange (IX),
and membrane filtration methods to the District.
Assist the District in evaluating available locations for the Plant, including District
Headquarters facility, Highland Reservoir, and other well sites.
Factors to be considered in developing the Treatment Technology Study shall include, but not
be limited to, PFAS levels in the District’s water, State of California’s current and anticipated
Response Levels, iron/manganese removal, Total Organic Compound (TOC) removal,
treatment byproducts, operation and maintenance flexibility/ease, future regulations,
expandability, reliability, resource recovery, and peak and sustainable production yield taking
into account processes that are regularly taken out of service for backwashes, chemical cleans,
integrity testing, or other regular maintenance, and reliability of manufacturer to provide
prompt assistance for and/or replacement of equipment.
Review and analyze data from the District’s pilot test that is currently being conducted on
District’s Well No. 21 and determine how it may impact the design of the Plant and need for
pretreatment.
Review data from the Planning Study being conducted by Carollo Engineers, Inc. and the bench
scale testing to be conducted by Jacobs Engineering Group for the Orange County Water
District (OCWD) and determine how it may impact the design of the Plant.
Review water quality data from all the wells and the blended water at Highland Reservoir to
determine pretreatment needs.
Each alternative shall include any ancillary analysis of all treatment techniques or processes,
applied to the worst existing and anticipated future regulations.
Conduct an economic evaluation of each proposed process alternative. The evaluation shall
include a Budget Estimate and Lifecycle Cost (LCC) analysis, and shall consider design, build,
operation, maintenance, and overhead expenses at a minimum.
Prepare a projected cash flow based on the Project budget and timing of appropriations.
Evaluate the feasibility of each process and assist the District in the selection process by
presenting alternate treatment technologies, answering questions, sharing opinions , and
facilitating consensus.
Develop logic and format for the study in consultation with the District.
Schedule, prepare for, and conduct a kickoff meeting and meetings at approximately 50% and
90% development of the Treatment Technology Study. Prepare and submit copies of the report
to the District for review at the 50% and 90% development. Review each submittal with the
District. Address comments and changes in consultation with the District, and finalize the
report.
b. Deliverable: The Consultant's services under the Treatment Technology Study Phase shall be
considered complete on the date when ten (10) hard copies and one digital copy of the final report
have been delivered to and accepted by the District.
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Exhibit 1 – Owner’s Advisor Scope of Services January 8, 2020
3. CONCEPTUAL DOCUMENTS PHASE
a. After the District's acceptance of the final Treatment Technology Study, the District's selection of
a technology, and upon written authorization from the District, Consultant shall develop the
following Conceptual Documents that shall show or describe the character, scope, and intent of the
DB work to be performed:
Assist the District with evaluation of the types of DB delivery options for determining the best
approach for the Project.
Conceptual drawings to a 10% design level.
A Basis of Design report and specifications, including design objectives, constraints, type of
layout, capacity, plant performance criteria, effectiveness, efficiency, operability, flexibility,
expandability, and any other District requirements for the Project.
Other graphic or written materials as required or requested by the District.
Prepare CEQA documents, including an Initial Study, Mitigated Negative Declaration, and
Mitigation Monitoring and Reporting Program.
b. Consultant shall update and revise the Budget Estimate and LCC with each submittal, which shall
include the probable DB cost and contingencies for unknowns and risks, including justification for
magnitudes and types of contingencies, including types of unknowns and/or risks the contingency
is intended to cover and its impact on the budget.
c. Schedule, prepare for, and conduct a kickoff meeting, and meetings at approximately 30%, 60%,
and 90% development of the Conceptual Documents.
d. Prepare and submit copies of the Conceptual Documents to the District for review at 30%, 60%,
and 90% development. Review each submittal with the District. Address comments, changes in
consultation with the District and revise Conceptual Documents. The Final Conceptual Documents
shall be sufficient enough in detail to issue an RFP for DB services, as determined by the District.
e. Deliverable: The Consultant's services under the Conceptual Documents Phase shall be considered
complete on the date when ten (10) final copies of the final Conceptual Documents, and revised
Budget Estimate and LCC have been delivered to and accepted by the District.
4. DESIGN-BUILD RFP PHASE
a. After the District's acceptance of the Conceptual Documents and updated Budget Estimate and
LCC, and upon written authorization by the District to proceed, Consultant shall:
Assist the District in developing the DB RFP package, including, but not limited to, assembling
the package and reviewing the RFP package for accuracy and compliance with the Public
Contracts Code.
Assist the District in advertising and obtaining DB proposals and attend the pre-proposal
conference.
Prepare addenda as appropriate to clarify or correct the RFP package.
Determine the acceptability of substitute materials and equipment proposed.
Assist the District in the development of the DB proposal selection criteria.
Consult with the District on the acceptability of prospective DB proposal, engineers,
subcontractors, suppliers, other persons and entities proposed in the DB proposal for respective
portions of the work.
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Exhibit 1 – Owner’s Advisor Scope of Services January 8, 2020
Assist the District in evaluating the DB proposals, including reference and background checks,
shortlisting and scoring the DB proposals, and preparing tabulation sheets.
Assist the District in the selection of the DB proposal and in negotiating a contract with the DB
consultant/contractor (DBC).
Assist the District in connection with any protests, re-bidding, or re-negotiating of the DB
contract.
b. Deliverable: The DB RFP Phase shall be considered complete upon execution of the DB contract
between the District and the selected DBC, upon cessation of negotiations with all prospective
DBCs, or upon the District's decision to terminate the Agreement for OA Services for convenience.
c. The District may require a Request for Qualifications (RFQ) prior to the RFP for the DB contract.
This is an optional item for the scope for this Project. Cost and schedule for this are required
separately as noted in the RFP. Consultant shall assist the District in the preparation of the RFQ,
responding to questions related to the RFQ, review the proposals for the RFQ, and provide
recommendations for selection.
5. DESIGN-BUILD PHASE
a. The DB Phase will commence with the execution of the DB contract between the District and the
selected DBC and will terminate upon final payment to the DBC.
b. Consult and coordinate with the District throughout the DB Phase, including:
Submit a peer review plan that shall include the deliverables that will be reviewed, the types of
reviews that will take place, and how the review comments will be communicated (redline
plans and a list for reviewers to enter comments and a column for resolution). Reviews shall
include regulation compliance, conformance with the DB Contract Documents, overall
functionality of processes and systems, value engineering, constructability, and quality
assurance. Provide structured and independent reviews of all DB submittals, including, but not
be limited to, studies, design reports, calculations, drawings, specifications, schedules, cost
estimates, and other documents used to convey the design intent. Submittal reviewers shall
have expertise in the necessary field, e.g. Civil, Electrical, Mechanical, Geotechnical
Engineering, etc.
Provide and coordinate a full and independent peer review of all Guaranteed Maximum
Price(GMP) proposals presented by the DBC. This review will include 30%, 60%, and 90%
GMP reviews at a minimum and may involve separate phases of the Project if the Project
advances in phases rather than as a whole.
Attend, be an active participant, and document meetings with the DBC, including conferences,
progress meetings, and other Project-related meetings, and prepare and circulate copies of
minutes of such meetings.
Review DBC's Critical Path Method (CPM) Schedule, schedule of submittals, schedule of
values, and cash flow curves, and consult with the District as necessary concerning
acceptability.
Provide timely value engineering where warranted or directed by the District.
Assist the District in evaluating and determining the acceptability of any substitutions that may
be proposed by the DBC.
Designate one or more Field Representatives that shall be present at the Project site and provide
part-time construction management services, and observe, evaluate, document, comment upon,
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Exhibit 1 – Owner’s Advisor Scope of Services January 8, 2020
and ensure the DBC's adherence to and conformance with the DB Contract Documents and
Schedule. Field Representatives shall have the necessary expertise for the work being
performed, e.g. civil, electrical, mechanical, and geotechnical engineering, etc.
c. With respect to project management:
Create, implement, and maintain a District-accepted document management system (DMS) to
include all communications, including, but not limited to, requests for information (RFI),
submittals, Change Order Directives, Change Orders, Invoices, and supporting documentation,
audits, reviews, updates, etc. (e.g. EADOC or similar document management system).
Maintain at the Project site orderly electronic files of correspondence, meeting minutes, reports,
reproductions of original DB Contract Documents, including all addenda, Change Order
Directives, Change Orders, drawings, and specifications issued subsequent to the execution of
the DB contract, clarifications and interpretations of the DB Contract Documents, progress
reports, submittals, and all other Project related documents.
Prepare and maintain in the DMS a list of names, titles, e-mail addresses, and telephone
numbers of all main contacts, including DBC’s employees, subcontractors, and major suppliers
of materials and equipment.
Upon completion of the Design-Build Phase, furnish a set of all Project documentation to the
District in electronic format.
d. Provide reports as follows:
Furnish to the District electronic weekly reports of issues and progress, including, but not
limited to, the DBC's compliance with the Schedule, and any look-ahead schedules, Project
costs to date, budget to complete, decisions, test procedures, QC/QA, etc. These reports shall
be maintained in the DMS.
Verify on a weekly basis that notations of changes made during construction are being made
by the DBC on the record copy of the drawings in an accurate and complete manner.
Furnish to the District copies of all tests, inspections, and system start up data.
Report immediately to the District occurrence of any accidents on or adjacent to the Project
site, any hazardous environmental conditions, emergencies, or acts of God endangering the
work, or property damaged by fire, vandalism, theft, or other causes endangering the work.
e. With respect to submittals:
Maintain and manage in the DMS a submittal log documenting when a submittal is received
by the District, where the submittal is in routing, who signed it, and if it will hinder progress
of the work.
Review all submittals prepared by or for the DBC including, but not limited to, shop drawings,
samples, requests for information, and other submittals. Advise the District as to their
acceptability in accordance with the DB Contract Documents and compatibility with the design
concept of the completed Project as a functioning whole. Such reviews or other action shall
not extend to means, methods, techniques, sequences or procedures of construction, or to safety
precautions and programs in connection with the construction.
Advise the District and the DBC of the commencement of any construction requiring a
submittal for which the Consultant believes the submittal has not been provided to or approved
by the District.
Verify that the DBC has obtained all permits required by law.
f. Provide clarification and interpretation support as follows:
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Exhibit 1 – Owner’s Advisor Scope of Services January 8, 2020
Consider and recommend clarifications and interpretations of the DB Contract Documents as
appropriate to the timely completion of work. Such clarifications and interpretations shall be
consistent with the intent of and reasonably inferable from the DB Contract Documents.
Consider and evaluate the DBC's suggestions for modifications to the drawings and
specifications, and provide recommendations to the District.
Recommend Change Orders to the District, as appropriate, prepare Change Order Directives,
and supporting information as required and/or requested by the District, and submit to the DBC
to complete and issue.
Sign all approved Change Orders and verify that the DBC has signed all approved Change
Orders prior to execution by the District.
g. Conduct observations, inspections and tests of the construction in progress, recommend rejection
of defective construction, test for quality assurance (QA), and :
Protect the District against defects and deficiencies in construction through observation of
construction and field checks of materials and equipment. However, the Consultant shall not,
as a result of such observations or field checks, supervise, direct, or have control over
construction, nor shall the Consultant have authority over or responsibility for the means,
methods, techniques, sequences, or procedures selected or used by the DBC, for safety
precautions and programs in connection with the construction, or for any failure of the DBC to
comply with laws, rules, regulations, ordinances, codes, or orders applicable to the DBC's
work, which shall be the sole responsibility of the DBC.
Conduct observations of the construction in progress to assist the District in determining if the
construction is proceeding in accordance with the DB Contract Documents and schedule.
Become familiar with the DBC's Quality Control (QC) Plan.
Review and document the condition of all existing infrastructure that will be impacted by the
construction of the Project so that any damages by the DBC's operations can be documented
and subsequent repairs made by the DBC.
Report to the District whenever the Consultant believes that any construction will not produce
a complete and functional Project that conforms with the DB Contract Documents or will
prejudice the integrity of the design concept of the completed Project as a functioning whole,
or has been damaged, or does not meet the requirements of any inspection, test, or approval
required to be made. Advise the District of any construction that should be corrected, rejected,
should be uncovered for observation, and/or requires special testing, inspection, and/or
approval.
Recommend to the District that the DBC's work be disapproved and rejected while it is in
progress if such work will not produce a complete and useable Project that conforms to the DB
Contract Documents or if it will affect the integrity of the design concept of the completed
Project as a functioning whole, as indicated in the DB Contract Documents.
Monitor the DBC's safety programs during construction and provide written notification to the
District and the DBC of deficiencies found and confirm that the DBC has taken corrective
actions. The responsibility for site safety will be the sole responsibility of the DBC.
Accompany inspectors representing the District, public, or other agencies having jurisdiction
over the Project, record the results of these inspections, and report to the District.
Review, evaluate, and participate in the operational shutdown and restart of any systems
impacted by the construction. Verify the DBC's Method of Procedures (MOPs) for installation,
demolition, and isolation of impacted systems conform to District, industry, manufacturers,
and professional standards.
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Exhibit 1 – Owner’s Advisor Scope of Services January 8, 2020
Provide qualified personnel to oversee and document QA to ensure proper communication,
documentation, and functionality within an overall QC/QA program that will be developed for
approval by the District.
Select an independent testing laboratory to perform QA activities.
Receive and review all certificates of inspections, tests, and approvals required by the DB
Contract Documents, and advise the District as to the necessity of ordering additional or special
inspections or tests. The Consultant's review shall be for the purpose of determining that the
results certified indicate compliance with the DBC's QC Plan, the overall Project QC/QA plan,
and with the DB Contract Documents.
Verify that tests, equipment and systems startups, and operating and maintenance training are
conducted in the presence of appropriate personnel, and that the DBC maintains records
thereof. Observe, record, and report to the District the test procedures and startups.
h. Review Invoices submitted by the DBC and:
Based on on-site observations and documentation and review of accompanying supporting
documentation, provide payment recommendations to the District, noting the relationship of
the payment requested to the schedule of values, percent of construction completed, and
materials and equipment delivered at the Project site, but not incorporated in the construction.
Recommend the amount that the DBC should be paid on each Invoice. Recommendations of
payment will constitute the Consultant's representation to the District that, to the best of the
Consultant's knowledge, information, and understanding, the work has progressed to the point
indicated, the quality of the work is in accordance with the DB Contract Documents, and any
conditions precedent to the DBC being entitled to payment have been fulfilled. Quality of work
shall be subject to an evaluation of such work as a functioning whole prior to or upon substantial
completion, to the results of any subsequent tests called for in the DB Contract Documents,
and to any other qualifications stated in the recommendation.
By recommending payment, Consultant shall be deemed to have represented that observations
made to check the quality or quantity of the DBC's work have been executed in accordance
with industry best-practices and have been reasonably exhaustive, have extended to every
aspect of the work in progress, and that the work has included detailed inspections as outlined
in the DBC's QC Plan and overall Project QC/QA Plan. Neither the Consultant's review of the
DBC's work for the purposes of recommending payments, including final payment, shall
impose on the Consultant responsibility to supervise, direct, or control such work or for the
means, methods, techniques, sequences, or procedures of construction or safety precautions or
programs in connection with the construction, which will be the sole responsibility of the DBC.
Coordinate and facilitate any review or audit work done by the District or independent auditors
or reviewers.
Secure all required releases, affidavits, bonds, and waivers from the DBC as required by the
DB Contract Documents.
i. Consultant shall not have the authority to:
Authorize any deviation from the DB Contract Documents or substitution of materials or
equipment unless authorized by the District.
Exceed the limitations of its authority as set forth in the Agreement for Owner's Advisor
Services or the DB Contract Documents.
Undertake any of the responsibilities of the DBC, subcontractors, or suppliers.
Control means, methods, techniques, sequences, or procedures of construction.
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Advise or issue directions regarding or assume control over safety precautions and programs
in connection with the construction.
j. Upon apparent substantial completion of the construction:
Review and provide advice regarding maintenance and operating instructions, schedules,
receive, collect, and organize guarantees, warrantees, certificates of inspection, tests, and
approvals, and marked-up documents including submittals and other data, and Record
Drawings that are to be created and assembled by the DBC.
Advise the District on any claims and/or potential claims between the District and the DBC
relating to the acceptability of the work.
Once the DBC considers the work to be substantially complete and requests a Certificate of
Substantial Completion, the Consultant shall inspect the work and recommend that the District
either issue a Certificate of Substantial Completion or deny the request and provide the reasons
for such denial.
If the work is not substantially complete, the Consultant shall list its concerns for the DBC to
address. The DBC will be required to make another request for a Certificate of Substantial
Completion once the concerns are addressed.
If the work is substantially complete, the Consultant shall recommend the District issue a
Certificate of Substantial Completion, list any items remaining to be completed as Punch List
items, and set a deadline for such items to be completed or corrected, which shall not exceed
thirty (30) Calendar Days.
Once the Certificate of Substantial Completion is issued to the DBC, the Commissioning
process will commence.
6. COMMISSIONING PHASE
a. Once the Certificate of Substantial Completion is issued to the DBC, the Commissioning phase
will begin. The Commissioning process consists of the functional and successful operation of the
Project for a time period as recommended by the Consultant and accepted by the District, without
failure. If failure occurs, it must be corrected to the District’s satisfaction, and the commissioning
clock is reset, and the commissioning period starts over again. Consultant responsibilities during
the Commissioning phase include:
Consider how Project requirements and DB Contract Documents will impact commissioning.
Review and monitor commissioning schedule.
Coordinate District input and responses and DBC.
Oversee commissioning issues and assist the District in resolving as they arise.
Witness testing, start-up, re-testing, and training.
7. PROJECT COMPLETION
a. Manage the Punch List, oversee correction of items on the Punch List, document when acceptable,
and advise the District if the work is ready for Initial Acceptance.
b. If the work cannot be completed by the Punch List deadline, the Consultant shall recommend that
the District revoke the Certificate of Substantial Completion until such time as the work can be
complete within thirty (30) Calendar Days.
c. Upon completion of Punch List items and as requested by the DBC, the Consultant shall inspect
the work.
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d. Once the work is constructed, tested, permitted, successfully commissioned, and acceptable, the
Consultant shall promptly recommend that the District grant Initial Acceptance, establish the Final
Settlement Date, and set the beginning and end dates for the Warranty Period. The Warranty period
will begin on the Date of Initial Acceptance.
e. Review the DBC's final Invoice and recommend payment and review any receipts, waiver or release
of claims and/or liens, and account balances.
f. Coordinate and document any staff training required by the DB Contract Documents.
g. Create a plan and assist the District in reviewing systems and procedures for the documentation
and record keeping of the operation and maintenance of the plant. The plan shall be submitted and
approved by the District prior to Initial Acceptance.
8. WARRANTY PHASE
a. The Warranty Phase shall begin on the Date of Initial Acceptance and be considered complete one
(1) year after the date of Initial Acceptance of the Project by the District, at which time the District
will issue a Certificate of Final Acceptance to the DBC when all work has been satisfactorily
delivered resulting in a complete, useable, and functional Project.
b. Services during this phase shall be provided by the Consultant on an hourly basis.
c. During this phase, the Consultant shall:
Provide assistance as requested by the District in connection with the refining and adjusting of
any Project equipment or systems and associated programming, including seasonal and
emergency related events.
Inspect the Project along with District personnel to observe any apparent construction and/or
operating defects in the completed work. Assist the District in discussions with the DBC
concerning correction of such defects and provide recommendations as to replacement or
correction of defective work. The Consultant shall provide staff as required to promptly and
completely address any Warranty items that arise.
Inspect the Project along with District personnel at least one (1) month before the end of the
warranty period, but within no more than two (2) months before the end of the warranty period
to ascertain whether any work requires replacement or correction.
Assist, coordinate, train, and advise the District regarding the operational optimization and
maintenance of Project equipment, treatment processes, and systems.
Provide any documentation created or collected for the Project during the Warranty Phase.
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Exhibit 2 – Consultant Personnel and Sub-Consultant List Template January 8, 2020
EXHIBIT 2
CONSULTANT PERSONNEL AND SUB-CONSULTANT LIST TEMPLATE
Name Company
Name
Email and Phone
Number
Position/
Title
Responsibility
on Project
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Exhibit 3 – Consultant Cost Proposal Template January 8, 2020
EXHIBIT 3
CONSULTANT COST PROPOSAL TEMPLATE
REQUIRED FORMAT*
Name of Consultant:
Address of Consultant:
Date:
BILLABLE HOURLY RATES
Position Billable Hourly Rate Total Hours Total Cost
x =
x =
x =
x =
x =
Subtotal =
REIMBURSABLE EXPENSES**
Category Billable Rate Quantity Total Cost
x =
x =
x =
x =
Subtotal =
TOTAL =
Annual Increase Percentage =
* Use the same format for sub-consultant costs. Include proposed markups.
** Reimbursable expenses include, but are not limited to: copying, printing, postage, local mileage, out of
town travel and living expenses, and courier expenses. List all categories of reimbursable expenses for
which Consultant will expect compensation. Categories of expenses not listed shall not be reimbursed
separately and shall be considered to be included in Consultant's personnel billable hourly rates. Listed
expenses incurred by Consultant from outside vendors such as printers or courier services will be
reimbursed at cost. Detailed documentation (vendor invoices) must be supplied for an outside expense to
be eligible for reimbursement. Expenses incurred by Consultant from in-house operations, such as in-house
printing, copying, etc., will be reimbursed at the rates listed herein. Provide detailed unit prices for all in-
house expenses for which Consultant will expect compensation. Vehicle mileage in connection with the
performance of the Services will be reimbursed at the rate currently allowable under IRS rules for passenger
vehicles, and at rates listed below for specialty vehicles, such as survey trucks.
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Exhibit 4 – YLWD Professional Services Agreement Sample January 8, 2020
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YLWD Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE YORBA LINDA WATER DISTRICT
AND
[NAME]
PROJECT: OWNER’S ADVISOR SERVICES FOR PFAS WATER TREATMENT
PLANT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into
on [DATE], by and between the YORBA LINDA WATER DISTRICT, a local public agency,
created and operating under authority of Division 12 of the California Water Code (“District”),
and [NAME] (“Consultant”) (collectively referred to herein as the “Parties”).
RECITALS
WHEREAS, District is engaging in the Project described in the Scope of Services attached as
Exhibit “A”; and
WHEREAS, District requires a professional consultant with the requisite knowledge, skill,
ability and expertise to provide the necessary services for District during all phases of the Project
to which the specialized services of Consultant are appropriate; and
WHEREAS, Consultant represents to District that it is fully qualified and available to perform
the services for and as requested by District; and
NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and
conditions herein, the Parties agree as follows:
AGREEMENT
1.0. SCOPE OF WORK. The services to be provided by Consultant (“Work”) are called out
in the Scope of Work attached as Exhibit “A” and incorporated herein by reference. All Work
shall be performed in accordance with the standards customarily provided by an experienced and
competent professional rendering the same or similar services and in such a prompt and
continuous fashion as not to impede or delay the overall completion of the Project.
1.1. Project Manager. Consultant acknowledges that continuous and effective
communication between District, Consultant, and other consultants (as appropriate) is
necessary to the successful completion of the Project. Consultant may also be required to
furnish copies of its work product and communications to others as requested by District.
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Consultant’s primary contact with District shall be through District’s Project Manager
specified on Exhibit “A.” District’s primary contact with Consultant shall be through the
Consultant’s Representative, designated on Consultant’s Cost Proposal attached as
Exhibit “A,” and incorporated herein by reference. When requested by District,
Consultant’s Representative shall attend Project meetings and will undertake, as a part of
its professional responsibility under this Agreement, to coordinate its activities with all
appropriate individuals and consultants.
1.2. Use of Designs and Drawings. All work product of Consultant, whether created
solely by Consultant or in cooperation with others, is prepared specifically and expressly
for District and all right, title, and interest therein shall be owned by District. District
shall make available to Consultant such information, documents, graphs, studies, etc.,
which District possesses or has access to, which are relevant to Consultant’s Work
pursuant to this Agreement.
1.3. Review. Consultant shall furnish District with reasonable opportunities from time
to time to ascertain whether the Work of Consultant is being performed in accordance
with this Agreement. All Work done and materials furnished shall be subject to final
review and approval by District. District’s interim review and approval of Consultant’s
work product shall not relieve Consultant of its obligations to fully perform this Agreement.
1.4. Commencement of Work. The Project start date is called out on Exhibit “A.”
1.5. Time Is Of The Essence. Consultant shall perform all Work with due diligence
as time is of the essence in the performance of this Agreement. Time limits applicable for
the performance of Consultant’s Work are established in Exhibit “A.”
1.6. Consultant’s Proposal. Consultant’s Proposal submitted in response to the
District’s RFP is part of this Agreement and incorporated herein by reference.
1.7. Sub-Consultants. The District may allow Consultants to contract with Sub-
Consultants to provide Services to the District during the term of this Agreement. District
may require Sub-Consultants to submit information, such as qualifications, to the District
for evaluation and approval or rejection by the District. The District reserves the right to
approve or reject proposed Sub-Consultants.
1.8. Confidentiality of District Information. During the performance of Services,
Consultant may gain access to and use District information regarding, but not limited to,
procedures, policies, training, operational practices, critical infrastructure, vulnerability
assessments, and other vital information (hereafter collectively referred to as “District
Information”) which are valuable, special, unique, and vulnerable assets of the District.
Consultant agrees that it will not use District Information obtained during performance of
Services for any purpose other than fulfillment of Consultant’s Services, to protect all
District Information and treat it as strictly confidential and proprietary to District, and
that it will not at any time, either directly or indirectly, divulge, disclose or communicate
in any manner any District Information to any third party, other than its own employees,
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agents, or subconsultants who have a need for the District Information for performance of
the Services, without the prior written consent of the District, or as required by law. A
violation by Consultant of this section shall be a material breach of this Agreement and
will warrant legal and/or equitable relief. Consultant’s obligations under this section
shall survive the completion of Services, expiration, or termination of this Agreement.
2.0 COMPENSATION. As compensation for performance of the Work specified under the
Scope of Work (Exhibit “A”), District shall pay Consultant an amount not to exceed $10,000, as
specified in Consultant’s Cost Proposal (Exhibit “A”). Payment will be made at the rates set
forth in Consultant’s Cost Proposal, which is included in Exhibit “A” and incorporated herein by
reference. Costs or expenses not designated or identified in the Cost Proposal shall not be
reimbursable unless otherwise provided in this Agreement.
2.1. Invoicing. Consultant shall submit an invoice within ten (10) days after the end
of each month during the term of this Agreement describing the Work performed for
which payment is requested. District shall review and approve all invoices prior to
payment. District shall pay approved invoices within thirty (30) days of receipt.
Consultant agrees to submit additional documentation to support the invoice if requested.
If District does not approve an invoice, District shall send a notice to Consultant setting
forth the reason(s) the invoice was not approved. Consultant may re-invoice District to
cure the defects identified by District. The revised invoice will be treated as a new
submittal. District’s determinations regarding verification of Consultant’s performance,
accrued reimbursable expenses, if any, and percentage of completion shall be binding and
conclusive. Consultant’s time records, invoices, receipts and other documentation
supporting the invoices shall be available for review by District upon reasonable notice
and shall be retained by Consultant for three (3) years after completion of the Project.
2.2. Extra Services. Before performing any services outside the scope of this
Agreement (“Extra Services”), Consultant shall submit a written request for approval of
such Extra Services and receive written approval from District. District shall have no
responsibility to compensate Consultant for any Extra Services provided by Consultant
without such prior written approval.
3.0 TERMINATION. District may terminate this Agreement at any time upon ten (10)
days written notice to Consultant. Should District exercise the right to terminate this Agreement,
District shall pay Consultant for any Work satisfactorily completed prior to the date of
termination, based upon Consultant’s Cost Proposal. Consultant may terminate this Agreement
upon ten (10) days written notice to District in the event of substantial failure by District to
perform in accordance with the terms hereof through no fault of Consultant; or in the event
District fails to pay Consultant in accordance with the terms in Section 2.0; or if Consultant’s
Work hereunder is suspended for a period of time greater than ninety (90) days through no fault
of Consultant.
3.1. Withholding Payment. In the event District has reasonable grounds to believe
Consultant will be materially unable to perform the Work under this Agreement, or if
District becomes aware of a potential claim against Consultant or District arising out of
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Consultant’s negligence, intentional act or breach of any provision of this Agreement,
including a potential claim against Consultant by District, then District may, to the fullest
extent allowed by law, withhold payment of any amount payable to Consultant that
District determines is related to such inability to complete the Work, negligence,
intentional act, or breach.
4.0. SAFETY. Consultant shall conduct and maintain the Work so as to avoid injury or
damage to any person or property. Consultant shall at all times exercise all necessary safety
precautions appropriate to the nature of the Work and the conditions under which the Work is to
be performed, and be in compliance with all applicable federal, state and local statutory and
regulatory requirements including State of California, Department of Industrial Relations
(Cal/OSHA) regulations. Consultant is responsible for the safety of all Consultant personnel at
all times during performance of its Work, including while on District property.
5.0 INDEMNIFICATION.
5.1. When the law establishes a professional standard of care for the Consultant’s
services, to the fullest extent permitted by law, Consultant will defend, indemnify and
hold harmless District, its directors, officers, employees, and authorized volunteers from
and against all claims and demands of all persons that arise out of, pertain to, or relate to
the Consultant’s negligence, recklessness, or willful misconduct in the performance (or
actual or alleged non-performance) of the Work under this Agreement. Consultant shall
defend itself against any and all liabilities, claims, losses, damages, and costs arising out
of or alleged to arise out of Consultant’s performance or non-performance of the Work
hereunder, and shall not tender such claims to District nor to its directors, officers,
employees, or authorized volunteers, for defense or indemnity.
5.2. Other than in the performance of professional services, to the fullest extent
permitted by law, Consultant will defend, indemnify and hold harmless District, its
directors, officers, employees and authorized volunteers from and against all claims and
demands of all persons arising out the performance (or actual or alleged non-
performance) of the Work (including the furnishing of materials), including but not
limited to claims by the Consultant, Consultant’s employees and any subconsultants for
damages to persons or property, except for damages resulting from the willful
misconduct, sole negligence or active negligence of District, its directors, officers,
employees, or authorized volunteers.
5.3. Consultant shall defend, at Consultant's own cost, expense and risk, any and all
such aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against District or any of its directors, officers, employees, or authorized
volunteers, with legal counsel reasonably acceptable to District. Consultant shall pay and
satisfy any judgment, award or decree that may be rendered against District or any of its
directors, officers, employees, or authorized volunteers, in any and all such aforesaid suits,
actions, or other legal proceedings for which Consultant is obligated to defend, indemnify
and hold harmless District, its directors, officers, employees and authorized volunteers
under this Agreement.
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Exhibit 4 – YLWD Professional Services Agreement Sample January 8, 2020
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5.4. Consultant shall reimburse District or its directors, officers, employees, and
authorized volunteers, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Consultant’s
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
District or its directors, officers, employees, or authorized volunteers.
6.0 INSURANCE REQUIREMENTS. Prior to execution of this Agreement, and at any
time thereafter on request, Consultant shall provide executed certificates of insurance in the fo rm
attached hereto as Exhibit “B” evidencing the required coverage and limits for each insurance
policy. In addition, Consultant shall provide a new executed certificate of insurance in the form
attached hereto as Exhibit “B” whenever an insurance policy required herein, expires, is renewed
or is replaced. District may also, at any time, request submittal of policies and policy
endorsements acceptable to District evidencing the required coverage and limits. Each insurance
policy shall be primary insurance as respects District, its affiliated organizations and its and their
respective officers, directors, trustees, employees, agents, consultants, attorneys, successors and
assigns (collectively, the “Covered Parties”) for all liability arising out of the activities
performed by or on behalf of Consultant. Any insurance, pool coverage, or self-insurance
maintained by Covered Parties shall be excess of Consultant’s insurance and shall not contribute
to it. Except for the Errors and Omissions policy (Section 6.4), all insurance coverage
maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation
against the Covered Parties or shall specifically allow Consultant or others providing insurance
evidence in compliance with these requirements to waive their right of recovery prior to loss.
Consultant waives its right of recovery against the Covered Parties for damages covered by
insurance required by this Agreement. Consultant shall require similar written express waivers
and insurance clauses from each of its subcontractors. The insurer issuing the Workers’
Compensation insurance shall amend its policy to waive all rights of subrogatio n against the
Covered Parties.
Each insurance policy shall provide, or be endorsed to provide, that coverage shall not be
cancelled except after thirty (30) days prior written notice by U.S. Mail (ten (10) days for non -
payment of premium) has been given to District. Unless otherwise approved by District, each
insurance provider shall be authorized to do business in California and have an A.M. Best rating
(or equivalent) of not less than “A-:VII.” Consultant shall provide and maintain at all times
during the performance of this Agreement the following insurance: (1) Commercial General
Liability (“CGL”) insurance; (2) Automobile Liability insurance; (3) Workers’ Compensation
and Employer’s Liability insurance; and (4) Errors and Omissions (“E&O”) liability insurance.
6.1. Commercial General Liability. Each CGL policy shall identify Covered Parties
as additional insured, or be endorsed to identify Covered Parties as additional insured
using a form acceptable to the District. Coverage for additional insured shall not be
limited to vicarious liability. Defense costs must be paid in addition to limits. Each CGL
policy shall have liability coverage limits of at least $2,000,000 per occurrence for bodily
injury, personal injury and property damage, and $4,000,000 aggregate total bodily
injury, personal injury and property damage. CGL insurance and endorsements shall be
kept in force at all times during the performance of this Agreement and all coverage
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required herein shall be maintained after the term of this Agreement so long as such
coverage is reasonably available.
6.2. Automobile Liability. Each Automobile Liability policy shall require coverage
for “any auto” and shall have limits of at least $1,000,000 for bodily injury and property
damage, each accident, and shall use ISO policy form “CA 00 01,” including owned,
non-owned and hired autos, or the exact equivalent. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the CGL policy
described above. Automobile Liability insurance and endorsements shall be kept in force
at all times during the performance of this Agreement and all coverage required herein
shall be maintained after the term of this Agreement so long as such coverage is
reasonably available.
6.3. Workers’ Compensation/Employer’s Liability. Consultant shall cover or
insure the existence of coverage under the applicable laws relating to Workers’
Compensation insurance, all of their employees employed directly by them or through
subconsultants at all times in carrying out the Work contemplated under this Agreement,
in accordance with the “Workers’ Compensation and Insurance Act” of the California
Labor Code and any amendatory Acts. Consultant shall provide Employer’s Liability
insurance with limits of at least $1,000,000 each accident, $1,000,000 disease policy
limit, and $1,000,000 disease each employee.
By Consultant’s signature hereunder, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code, which requires every employer
to be insured against liability for Workers’ Compensation or to undertake self-insurance
in accordance with the provisions of that code, and that Consultant will comply with such
provisions before commencing Work under this Agreement. Upon the request of District,
subconsultants must provide certificates of insurance evidencing such coverage.
6.4. Errors and Omissions. Each E&O policy shall have limits of at least $1,000,000
per claim and $1,000,000 aggregate. E&O insurance and endorsements shall be kept in
force at all times during the performance of this Agreement and all coverage required
herein shall be maintained after the term of this Agreement so long as such coverage is
reasonably available.
7.0. CONFLICT OF INTEREST. During the term of this Agreement, Consultant shall
comply with the Political Reform Act, Government Code section 1090, and the District’s
Conflict of Interest Code. Consultant shall immediately disqualify itself and shall not use its
official position to influence in any way, any Scope of Work submitted to Consultant in which
Consultant has a financial interest as defined in the Government Code. Consultant must disclose
any past, ongoing, or potential conflicts of interest which Consultant may have as a result of
performing Services in any Scope of Work.
8.0. INDEPENDENT CONTRACTOR. The Parties agree that the relationship between
District and Consultant is that of an independent contractor and Consultant shall not, in any way,
be considered to be an employee or agent of District. Consultant shall not represent or otherwise
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hold out itself or any of its directors, officers, partners, employe es, or agents to be an agent or
employee of District. District will not be legally or financially responsible for any damage or
loss that may be sustained by Consultant because of any act, error, or omission of Consultant or
any other consultant, nor shall Consultant make any claim against District arising out of any such
act, error, or omission.
8.1. Taxes and Benefits. Consultant shall be solely responsible for the payment of all
federal, state and local income tax, social security tax, Workers’ Compensation
insurance, state disability insurance, and any other taxes or insurance Consultant, as an
independent contractor, is responsible for paying under federal, state or local law.
Consultant is not eligible to receive Workers’ Compensation, medical, indemnity or
retirement benefits through District, including but not limited to enrollment in CalPERS.
Consultant is not eligible to receive overtime, vacation or sick pay.
8.2. Permits and Licenses. Consultant shall procure and maintain all permits, and
licenses and other government-required certification necessary for the performance of its
Work, all at the sole cost of Consultant. None of the items referenced in this section shall
be reimbursable to Consultant under the Agreement.
8.3. Methods. Consultant shall have the sole and absolute discretion in determining
the methods, details and means of performing the Work required by District. Consultant
shall furnish, at its own expense, all labor, materials, equipment, tools and transportation
necessary for the successful completion of the Work to be performed under this
Agreement. District shall not have any right to direct the methods, details and means of
the Work; however, Consultant must receive prior written approval from District before
assigning or changing any assignment of Consultant’s project manager or key personnel
and before using any subconsultants or subconsultant agreements for services or
materials under this Agreement and any work authorizations.
9.0. NOTICES. Any notice may be served upon either Party by delivering it in person, or by
depositing it in a U.S. Mail Deposit Box with the postage thereon fully prepaid, and addressed to
the Party at the address set forth below:
District: Marc Marcantonio, General Manager
Yorba Linda Water District
P.O. Box 309
Yorba Linda, California 92885-0309
Consultant: [NAME & ADDRESS]
Any notice given hereunder shall be deemed effective in the case of personal delivery, upon
receipt thereof, or, in the case of mailing, at the moment of deposit in the course of transmission
with the United States Postal Service.
10.0 ASSIGNMENT. Neither Consultant nor District may assign or transfer this Agreement,
or any part thereof, without the prior written consent of the other Party, which shall no t be
unreasonably withheld.
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11.0 ATTORNEY’S FEES. In the event of any action arising out of, or in connection with,
this Agreement, or the Work to be performed hereunder, the prevailing Party shall be entitled to
have and recover, in addition to damages, injunctive or other relief, its reasonable costs and
expenses, including without limitation, its attorney’s fees.
12.0. BINDING ARBITRATION. Within thirty (30) days after service of a civil action on
either Party arising out of, or in connection with, this Agreement, either Party may elect to
submit the action to binding arbitration before the Judicial Arbitration and Mediation Service
(“JAMS”), located in Orange County. The Parties agree that upon an election to arbitrate, any
civil action filed will be stayed until arbitration proceedings have concluded. Upon submission
of the matter to JAMS, the submitting Party shall obtain from JAMS a list of three (3) randomly
selected arbitrators and serve said list upon the other Party. In the event that there are more than
two parties to the action, the number of arbitrators randomly selected and included in the list
shall be increased by two for each additional party involved. Upon service of the randomly
selected list of arbitrators, each party shall have twenty (20) days to eliminate two arbitrators
from the list and return it to JAMS, with the selected arbitrator being the remaining name on the
list. Should more than one name remain on the list, JAMS will randomly select the arbitrator
from the names remaining on the list. Arbitration shall be scheduled for hearing on the merits no
later than six (6) months after the date the arbitrator is selected. All parties shall be permitted to
conduct discovery as provided by the current rules of the California Code of Civil Procedure. All
costs of JAMS or of the arbitrator for Work shall be divided equally among the Parties, unless
otherwise ordered by the arbitrator. In an arbitration to resolve a dispute under this provision, the
arbitrator’s award shall be supported by law and substantial evidence.
13.0 FORCE MAJEURE. Upon written notice by the owing Party, the respective duties and
obligations of the Parties hereunder (except District’s obligation to pay Consultant such sums as
may become due from time to time for Work rendered by it) shall be suspended while and so
long as performance thereof is prevented or impeded by strikes, disturbances, riots, fire,
governmental action, war acts, acts of God, or any other cause similar or dissimilar to the
foregoing which are beyond the reasonable control of the Party from whom the affected
performance was due.
14.0 ENTIRE AGREEMENT. This Agreement, and the attached Exhibits, represent the
entire and integrated agreement between District and Consultant and supersedes all p rior
negotiations, representations, or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both District and Consultant.
15.0 TERM. The term of this Agreement is for three years. At its discretion, District may
extend the term of this Agreement for two years by written amendment to this Agreement signed
by both Parties. The total duration of this Agreement as amended, including the exercise of any
extension hereunder, shall not exceed five years unless the Parties agree, in writing, to a longer
term.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be entered into as
of the day and year written above.
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District: Consultant:
Yorba Linda Water District [NAME]
By: By:
Marc Marcantonio, General Manager
(Name and Title)
APPROVED AS TO FORM:
Kidman Law LLP
By:
Andrew B. Gagen, General Counsel
Attachments: Exhibit A: Scope of Work and Cost Proposal
Exhibit B: Insurance Certificates
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CERTIFICATE 1: COMMERCIAL GENERAL LIABILITY INSURANCE
This certificate is issued to the Yorba Linda Water District, located at 1717 E. Miraloma
Avenue, Placentia, California 92870, that the following described policy has been issued to:
Insured: _________________________________________
Address: _________________________________________
_________________________________________
Coverage is provided for the following Contract No. (under an annual policy and is not project
specific coverage):
_______________________________
(Coverage shall be at least as broad as Insurance Services Office Commercial General Liability
coverage, Occurrence Form No. CG 00 01.)
Type of Insurance COMMERCIAL GENERAL LIABILITY: “Occurrence” Policies Only
Insurer and Policy No.: _______________________________________________
Policy Expiration Date: _______________________________________________
Limits of Liability in
Thousands (000)
Policy Covers
Each Occurrence Aggregate
BODILY INJURY: $ $
PROPERTY DAMAGE $ $
PERSONAL INJURY $ $
COMP OPERATIONS AGGREGATE $
[X] Premises Operations
[X] Contractual Liability
[X] Products/Completed Operations
[X] Separation of Insureds
I have examined the policy mentioned in the foregoing section, and am familiar with the terms
and endorsements of the policy. I have also reviewed Section 6.0 (Insurance) of the Insured’s
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Agreement with Yorba Linda Water District. I do not certify that the policy covered by this
Certificate will be in place for the entire term of the Insured’s Agreement with Yorba Linda
Water District but instead only confirm that the policy covered by this Certificate expires on the
Policy Expiration Date.
I certify that the following provisions apply:
1) The Yorba Linda Water District, its affiliated organizations and its and their
respective officers, directors, trustees, employees, agents, consultants, attorneys,
successors and assigns (“Covered Parties”) are named as additional insureds on
the above-described insurance policy, as respects liability arising out of the
activities performed by or on behalf of the Insured. Coverage for the Covered
Parties is not limited to vicarious liability. Defense costs are paid in addition to
limits.
2) The above-described insurance policy shall be primary insurance and any
insurance, pool coverage, or self-insurance maintained by the Covered Parties
shall be excess of the above-described insurance policy and shall not contribute
with it. The Yorba Linda Water District shall not be liable for the payment of
premiums or assessments under this policy.
3) The above-described policy will not be canceled except after thirty (30) days prior
written notice by U.S. Mail (ten (10) days for non-payment of premium) has been
given to Yorba Linda Water District.
4) The insurer issuing the above-described insurance policy shall have waived, either
according to the terms in their policies or by endorsement, all rights of
subrogation against the Covered Parties. The insurance policy allows the Insured
to waive their right of recovery prior to loss.
5) The insurer issuing this policy has a Best’s rating as of the date set forth below of
no less than “A-:VII.”
Insurance Carrier: ___________________________________________
(General)
Address: ___________________________________________
___________________________________________
I, __________________, under penalty of perjury under the laws of the State of
California, declare as Insurance Broker to the Insured that the foregoing statements in this
Certificate are true and correct as of this ____ day of ______________, 20___.
Broker Representative: ____________________________________
Company or Firm: ____________________________________
Phone: _______________ Date: _______________________________
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CERTIFICATE 2: AUTOMOBILE LIABILITY INSURANCE
This certificate is issued to the Yorba Linda Water District, located at 1717 E. Miraloma
Avenue, Placentia, California 92870, that the following described policy has been issued to:
Insured: _________________________________________
Address: _________________________________________
_________________________________________
Coverage is provided for the following Contract No. (under an annual policy and is not project
specific coverage):
_______________________________
Coverage is Insurance Services Office (Form No. CA 0001, or equivalent) covering Automobile
Liability, Code 1 (any auto) or in the alternative, owned or scheduled autos plus non-owned and
hired autos.
Type of Insurance: AUTOMOBILE LIABILITY: “Occurrence” Policies Only
Insurer and Policy No.: _______________________________________________
Policy Expiration Date: _______________________________________________
Limits of Liability in
Thousands (000)
Policy Covers
Each Occurrence Aggregate
BODILY INJURY $ $
(PER PERSON)
BODILY INJURY $ $
(PER ACCIDENT)
PROPERTY DAMAGE: $ $
BODILY INJURY AND PROPERTY
DAMAGE COMBINED: $ $
[X] Comprehensive Form
[X] Any Auto
[X] Owned
[X] Non-owned
[X] Hired
I have examined the policy mentioned in the foregoing section, and am familiar with the terms
and endorsements of the policy. I have also reviewed Section 6.0 (Insurance) of the Insured’s
Page 65 of 93
YLWD Owner’s Advisor Services for PFAS Water Treatment Plant Page 4 of 17
Exhibit 4 – YLWD Professional Services Agreement Sample January 8, 2020
4
YLWD Professional Services Agreement
10/19
Agreement with Yorba Linda Water District. I do not certify that the policy covered by this
Certificate will be in place for the entire term of the Insured’s Agreement with Yorba Linda
Water District but instead only confirm that the policy covered by this Certificate expires on the
Policy Expiration Date.
I certify that the following provisions apply:
1) The Yorba Linda Water District, its affiliated organizations and its and their
respective officers, directors, trustees, employees, agents, consultants, attorneys,
successors and assigns (“Covered Parties”) are named as additional insureds on
the above-described insurance policy, as respects liability arising out of activities
performed by or on behalf of the Insured.
2) The above-described insurance policy is primary insurance and any insurance,
pool coverage, or self-insurance maintained by the Covered Parties shall be
excess of the above-described insurance policy and shall not contribute with it.
The Yorba Linda Water District shall not be liable for the payment of premiums
or assessments under these policies.
3) The above-described policy will not be canceled except after thirty (30) days prior
written notice by U.S. Mail (ten (10) days for non-payment of premium) has been
given to Yorba Linda Water District.
4) The insurer issuing the above-described insurance policy shall have waived, either
according to the terms in their policies or by endorsement, all rights of
subrogation against the Covered Parties. The insurance policy allows the Insured
to waive their right of recovery prior to loss.
5) The insurer issuing this policy has a Best’s rating as of the date of set forth below
of no less than “A-:VII.”
Insurance Carrier: ___________________________________________
Address: ___________________________________________
___________________________________________
I, __________________, under penalty of perjury under the laws of the State of
California, declare as Insurance Broker to the Insured that the foregoing statements in this
Certificate are true and correct as of this ____ day of ______________, 20___.
Broker Representative: ____________________________________
Company or Firm: ____________________________________
Phone: _______________ Date: _______________________________
Page 66 of 93
YLWD Owner’s Advisor Services for PFAS Water Treatment Plant Page 5 of 17
Exhibit 4 – YLWD Professional Services Agreement Sample January 8, 2020
5
YLWD Professional Services Agreement
10/19
CERTIFICATE 3: WORKERS’ COMPENSATION
AND EMPLOYERS’ LIABILITY INSURANCE
This certificate is issued to the Yorba Linda Water District, located at 1717 E. Miraloma
Avenue, Placentia, California 92870, that the following described policy has been issued to:
Insured: _________________________________________
Address: _________________________________________
_________________________________________
Coverage is provided for the following Contract No. (under an annual policy and is not project
specific coverage):
_______________________________
(Coverage shall be as broad as required by the Labor Code of the State of California and
Employer’s liability coverage.)
Limits of Liability in
Thousands (000)
Policy Covers
[X] WORKERS’ COMPENSATION AND
EMPLOYERS’ LIABILITY $
(EACH ACCIDENT)
Insurer and Policy No.: _______________________________________________
Policy Expiration Date: _______________________________________________
I have examined the policy mentioned in the foregoing section, and am familiar with the terms
and endorsements of the policy. I have also reviewed Section 6.0 (Insurance) of the Insured’s
Agreement with Yorba Linda Water District. I do not certify that the policy covered by this
Certificate will be in place for the entire term of the Insured’s Agreement with Yorba Linda
Water District but instead only confirm that the policy covered by this Certificate expires on the
Policy Expiration Date.
I certify that the following provisions apply:
1) The above-described insurance policy is primary insurance and any insurance,
pool coverage, or self-insurance maintained by the Covered Parties shall be
excess of the above-described insurance policy and shall not contribute with it.
The Yorba Linda Water District shall not be liable for the payment of premiums
or assessments under these policies.
Page 67 of 93
YLWD Owner’s Advisor Services for PFAS Water Treatment Plant Page 6 of 17
Exhibit 4 – YLWD Professional Services Agreement Sample January 8, 2020
6
YLWD Professional Services Agreement
10/19
2) The above-described policy will not be canceled except after thirty (30) days prior
written notice by U.S. Mail (ten (10) days for non-payment of premium) has been
given to Yorba Linda Water District.
3) The insurer issuing the above-described insurance policy shall have waived, either
according to the terms in their policies or by endorsement, all rights of
subrogation against the Covered Parties. The insurance policy allows the Insured
to waive their right of recovery prior to loss.
4) The insurer issuing this policy has a Best’s rating as of the date set forth below of
no less than “A-:VII.”
Insurance Carrier: ___________________________________________
Address: ___________________________________________
___________________________________________
I, __________________, under penalty of perjury under the laws of the State of
California, declare as Insurance Broker to the Insured that the foregoing statements in this
Certificate are true and correct as of this ____ day of ______________, 20___.
Broker Representative: ____________________________________
Company or Firm: ____________________________________
Phone: _______________ Date: _______________________________
Page 68 of 93
YLWD Owner’s Advisor Services for PFAS Water Treatment Plant Page 7 of 17
Exhibit 4 – YLWD Professional Services Agreement Sample January 8, 2020
7
YLWD Professional Services Agreement
10/19
CERTIFICATE 4: ERRORS AND OMISSIONS
This certificate is issued to the Yorba Linda Water District, located at 1717 E. Miraloma
Avenue, Placentia, California 92870, that the following described policy has been issued to:
Insured: _________________________________________
Address: _________________________________________
_________________________________________
Coverage is provided for the following Contract No. (under an annual policy and is not project
specific coverage):
_______________________________
Limits of Coverage
Per Claim Aggregate
$
Insurer and Policy No.: _______________________________________________
Policy Expiration Date: _______________________________________________
I have examined the policy mentioned in the foregoing section, and am familiar with the terms
and endorsements of the policy. I have also reviewed Section 6.0 (Insurance) of the Insured’s
Agreement with Yorba Linda Water District. I do not certify that the policy covered by this
Certificate will be in place for the entire term of the Insured’s Agreement with Yorba Linda
Water District but instead only confirm that the policy covered by this Certificate expires on the
Policy Expiration Date.
I certify that the following provisions apply:
1) The above-described insurance policy is primary insurance and any insurance,
pool coverage, or self-insurance maintained by the Covered Parties shall be
excess of the above-described insurance policy and shall not contribute with it.
The Yorba Linda Water District shall not be liable for the payment of premiums
or assessments under these policies.
2) The above-described policy will not be canceled except after thirty (30) days prior
written notice by U.S. Mail (ten (10) days for non-payment of premium) has been
given to Yorba Linda Water District.
Page 69 of 93
YLWD Owner’s Advisor Services for PFAS Water Treatment Plant Page 8 of 17
Exhibit 4 – YLWD Professional Services Agreement Sample January 8, 2020
8
YLWD Professional Services Agreement
10/19
3) The insurer issuing this policy has a Best’s rating as of the date set forth below of
no less than “A-:VII.”
Insurance Carrier: ___________________________________________
Address: ___________________________________________
___________________________________________
I, __________________, under penalty of perjury under the laws of the State of
California, declare as Insurance Broker to the Insured that the foregoing statements in this
Certificate are true and correct as of this ____ day of ______________, 20___.
Broker Representative: ____________________________________
Company or Firm: ____________________________________
Phone: _______________ Date: _______________________________
Page 70 of 93
YLWD Owner’s Advisor Services for PFAS Water Treatment Plant Page 1 of 1
Exhibit 5 – Affidavit of Non-Collusion January 8, 2020
EXHIBIT 5
AFFIDAVIT OF NON-COLLUSION
The following Affidavit of Non-Collusion must appear in Consultant’s Proposal and signed by an
authorized signatory of Consultant. Otherwise, the Proposal will be deemed nonresponsive and
rejected.
I, ___________________________________[NAME OF AUTHORIZED REPRESENTATIVE],
hereby attest that I am the ________________________________ [REPRESENTATIVE’S TITLE] of
_______________________________________________[LEGAL NAME OF CONSULTANT],
who submits this Proposal to the Yorba Linda Water District, and further attest:
1. That this Proposal is made without collusion with any other person, firm or corporation
and that the only person or parties interested as principals are named therein.
2. That _____________________________________[LEGAL NAME OF CONSULTANT]
has not offered any gratuities, favors, or anything of monetary value to any official, employee, or agent
of the District for the purpose of influencing consideration of this Proposal.
I certify under penalty of perjury that the above information is correct
By:______________________________________ Title:________________________________
Date:____________________________________
Page 71 of 93
YLWD Owner’s Advisor Services for PFAS Water Treatment Plant Page 1 of 1
Exhibit 6 – Reference Authorization and Release Form January 8, 2020
EXHIBIT 6
REFERENCE AUTHORIZATION AND RELEASE FORM
By: ___________________________ (Consultant),
whose address is ______________________________________________________________________
Consultant has submitted a sealed Proposal to the Yorba Linda Water District (District) for Owner's Advisor
Services for Design, Construction, Commissioning, and Warranty Period of PFAS Water Treatment Plant.
Consultant hereby authorizes the District to perform such investigation of the Consultant as the District
deems necessary to establish the qualifications, responsibility, trustworthiness, and financial ability of the
Consultant. By its signature below, Consultant authorizes the District to obtain reference information
concerning the Consultant and releases the party providing information and the District from any and all
liability to the Consultant as a result of any reference information provided.
Consultant further waives any right to receive copies of reference information provided to the District. A
copy of this executed Reference Authorization and Release Form may be used with the same effectiveness
as an original.
By: ___________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
Page 72 of 93
YORBA LINDA WATER DISTRICT
ADDENDUM NO. 1
TO REQUEST FOR PROPOSALS (RFP) FOR
OWNER’S ADVISOR SERVICES FOR PFAS WATER TREATMENT PLANT
Page 1 of 2
January 20, 2020
To: All Plan Holders
The Request for Proposals is being amended to include the changes and additional material provided in
this addendum.
Proposers shall acknowledge the receipt of Addendum No. 1 by attaching a copy of this addendum
notification page to their Proposal in the Appendix. Please DO NOT include the attachments in this
Addendum in your Proposal. This page will not count towards the not-to-exceed limit for pages.
I. Revisions to RFP:
1. Page 6, Elements of Proposal: Section 6i in the RFP shall be revised as follows:
i. Professional Services Cost Proposal: In a separate sealed envelope, provide a Cost
Proposal using the format provided in Exhibit 3 (3 pages). Failure to use the format in
Exhibit 3 may result in the Proposal being deemed non-responsive.
Costs shall be based on the Project Schedule provided above and shall be
summarized based on the phases mentioned in the Project Schedule – use Exhibit 3,
page 1.
A total fee shall be proposed for all work from Notice to Proceed until Initial
Acceptance of the Project – use Exhibit 3, page 1.
Billing rates shall be provided for personnel for support during warranty period – use
Exhibit 3, page 3.
A separate optional line item shall be included for assisting the District with an RFQ
for the DB contract – use Exhibit 3, page 2.
Include the billing classifications and associated billing rates for Consultant and
billing classifications and billing rates for Sub-Consultants to be used for this Project.
Prevailing wages shall be paid to any Sub-Consultant who provides labor for which a
prevailing wage classification has been established by the State of California
Department of Industrial Relations. The District reserves the right to request copies
of certified payrolls and any other documentation necessary to verify the payment of
prevailing wages and fringe benefits from Sub-Consultants of any tier in accordance
with the California Labor Code.
Include markups on Sub-Consultant costs. Markups on Sub-Consultant costs shall
not exceed 10 percent. Markups on Other Direct Costs (ODCs) shall not be allowed,
unless otherwise approved by the District.
2. Exhibit 3 - OA Cost Proposal Template: Consultants shall use the attached revised OA Cost
Proposal Template (3 pages).
Page 73 of 93
YLWD Owner’s Advisor Services for PFAS Water Treatment Plant Page 2 of 2
Addendum No. 1 January 20, 2020
Page 2 of 2
II. Responses to questions sent via email:
1. Would the District consider design experience in meeting the project experience requirements
for PFAS and ion exchange treatment facilities?
Response: District will only consider experience where the Consultant served specifically as
an Owner’s Advisor, as mentioned in Section 2 of the RFP. Consultants are required to
provide all services stated in the Scope of Work (Exhibit 1 of the RFP) and serve as the
District’s representative during the design, construction, commissioning, and warranty period
of the PFAS Water Treatment Plant.
2. Does an advanced water treatment facility meet the definition of a water treatment project as
it relates to the eligibility requirement?
Response: Eligibility is based on experience as an Owner’s Advisor on treatment plant
projects, including advanced water treatment facilities.
3. Can a sub on the Owner’s Advisor contract be a sub on the Design-Build contract?
Response: Yes.
4. What is the budget for the Owner’s Advisor Services?
Response: $1.5M.
5. Would there be a conflict of interest if a consultant is currently working on other PFAS
related work for OCWD and the producers?
Response: No. Consultants employed by OCWD for PFAS related work that are also
working with producers directly do not pose a conflict of interest and may propose on this
RFP as a prime or a sub-consultant.
III. Mandatory Pre-Proposal Conference: A Mandatory Pre-Proposal Conference was held at the
Yorba Linda Water District headquarters at 1717 E. Miraloma Avenue, Placentia, CA on January
16, 2020 at 10am. The sign-in sheets and presentation slides are attached.
Attachments:
Exhibit 3 - OA Cost Proposal Template - Revised - Addendum 1
Mandatory Pre-Proposal Conference Sign-In Sheets
Presentation Slides
Page 74 of 93
YLWD Owner’s Advisor Services for PFAS Water Treatment Plant Page 1 of 3
Exhibit 3 – Consultant Cost Proposal Template – Revised Addendum 1 January 20, 2020
EXHIBIT 3 (revised)
CONSULTANT COST PROPOSAL TEMPLATE
FOR REQUIRED WORK
REQUIRED FORMAT*
Name of Consultant:
Address of Consultant:
Date:
BILLABLE HOURLY RATES
Position Billable Hourly Rate Total Hours Total Cost
x =
x =
x =
x =
x =
Subtotal =
REIMBURSABLE EXPENSES**
Category Billable Rate Quantity Total Cost
x =
x =
x =
x =
Subtotal =
TOTAL =
Annual Increase Percentage =
* Use the same format for sub-consultant costs. Include proposed markups.
** Reimbursable expenses include, but are not limited to: copying, printing, postage, local mileage, out of
town travel and living expenses, and courier expenses. List all categories of reimbursable expenses for
which Consultant will expect compensation. Categories of expenses not listed shall not be reimbursed
separately and shall be considered to be included in Consultant's personnel billable hourly rates. Listed
expenses incurred by Consultant from outside vendors such as printers or courier services will be
reimbursed at cost. Detailed documentation (vendor invoices) must be supplied for an outside expense to
be eligible for reimbursement. Expenses incurred by Consultant from in-house operations, such as in-house
printing, copying, etc., will be reimbursed at the rates listed herein. Provide detailed unit prices for all in-
house expenses for which Consultant will expect compensation. Vehicle mileage in connection with the
performance of the Services will be reimbursed at the rate currently allowable under IRS rules for passenger
vehicles, and at rates listed below for specialty vehicles, such as survey trucks.
Page 75 of 93
YLWD Owner’s Advisor Services for PFAS Water Treatment Plant Page 2 of 3
Exhibit 3 – Consultant Cost Proposal Template – Revised Addendum 1 January 20, 2020
CONSULTANT COST PROPOSAL TEMPLATE
FOR OPTIONAL WORK
REQUIRED FORMAT*
Name of Consultant:
Address of Consultant:
Date:
BILLABLE HOURLY RATES
Position Billable Hourly Rate Total Hours Total Cost
x =
x =
x =
x =
x =
Subtotal =
REIMBURSABLE EXPENSES**
Category Billable Rate Quantity Total Cost
x =
x =
x =
x =
Subtotal =
TOTAL =
* Use the same format for sub-consultant costs. Include proposed markups.
** Reimbursable expenses include, but are not limited to: copying, printing, postage, local mileage, out of
town travel and living expenses, and courier expenses. List all categories of reimbursable expenses for
which Consultant will expect compensation. Categories of expenses not listed shall not be reimbursed
separately and shall be considered to be included in Consultant's personnel billable hourly rates. Listed
expenses incurred by Consultant from outside vendors such as printers or courier services will be
reimbursed at cost. Detailed documentation (vendor invoices) must be supplied for an outside expense to
be eligible for reimbursement. Expenses incurred by Consultant from in-house operations, such as in-house
printing, copying, etc., will be reimbursed at the rates listed herein. Provide detailed unit prices for all in-
house expenses for which Consultant will expect compensation. Vehicle mileage in connection with the
performance of the Services will be reimbursed at the rate currently allowable under IRS rules for passenger
vehicles, and at rates listed below for specialty vehicles, such as survey trucks.
Page 76 of 93
YLWD Owner’s Advisor Services for PFAS Water Treatment Plant Page 3 of 3
Exhibit 3 – Consultant Cost Proposal Template – Revised Addendum 1 January 20, 2020
CONSULTANT COST PROPOSAL TEMPLATE
FOR AS-NEEDED SUPPORT DURING WARRANT PERIOD
REQUIRED FORMAT*
Name of Consultant:
Address of Consultant:
Date:
BILLABLE HOURLY RATES
Position/Category Billable Hourly Rate
* Use the same format for sub-consultant costs. Include proposed markups.
Page 77 of 93
Mandatory Pre-Proposal Conference
Owner’s Advisor Services for PFAS Water
Treatment Plant
1/16/20
Presented by:
Divya Agrawalla, PE
Principal Engineer
1/16/20 1Yorba Linda Water District Page 78 of 93
Overview
1/16/20 2Yorba Linda Water District
•YLWD System and Operation Overview
11 active wells and 3 treated MWD connections
Water distributed from centralized location –Highland
Reservoir
•Current PFAS levels in our water and how the
proposed RLs will affect our operations
•Capacity of proposed Treatment Plant and
variations in seasonal demand
Page 79 of 93
3
18 19
5
10
12
7
1
Pretreat
-ment
IX Treatment
Plant
Booster
Station
Possible Location of PFAS Treatment Plant
Offsite
Wells
Page 80 of 93
4
La Palma Ave
Huckleberry Basin
Conrock
Basin
Warner
Basin 11
20
21 22*
15
Miraloma Ave
Offsite Wells HQ
23*Future
Future
Page 81 of 93
Overview
1/16/20 5Yorba Linda Water District
•District to use Design-Build delivery to build PFAS Treatment
Plant.
•OA to provide all services noted in Scope of Work –Exhibit 1.
•YLWD & OCWD Pilot Tests, Carollo’s Planning Study, Jacobs’
RSSCT bench scale testing
•Note optional item –RFQ for DB.
•Include two timelines (schedules) in Proposals –NTP to
Construction Completion as defined in the Scope of Work:
Schedule 1 to assume only RFP to be prepared for DB.
Schedule 2 to assume RFQ and RFP to be prepared for DB.
Page 82 of 93
•RFP Issued: January 8, 2020
•Mandatory Pre-Proposal Conference:January 16, 2020 at 10 a.m.
•Last day for Consultant questions:January 24, 2020
•Proposals due: February 10, 2020 at 2 p.m.
•Anticipated PSA Award: February 27, 2020
•Anticipated Notice to Proceed:March 2, 2020
Consultant questions to be emailed in writing to District’s Project
Manager, Divya Agrawalla, at dagrawalla@ylwd.com.
Proposals will not be accepted after 2/10/20 at 2pm.
Schedule
1/16/20 6Yorba Linda Water District Page 83 of 93
•Follow RFP page limits and format requirements exactly as
noted in RFP.
•4 bound hardcopies and single PDF file on flash drive are
required.
•DO NOT include Cost Proposal on flash drive.
•Provide hardcopy of Cost Proposal in separate envelope and
follow format required by RFP –Exhibit 3.
Elements of Proposal
1/16/20 7Yorba Linda Water District Page 84 of 93
Consultant will be chosen on the basis of the apparent greatest
benefit to the District, and not necessarily on the basis of lowest
price.
Scoring:
•Team experience and performance on similar projects 40%
•Project approach and Proposed Project Schedules 30%
•Cost Proposal 30%
Evaluation Process and Selection Criteria
1/16/20 8Yorba Linda Water District Page 85 of 93
Access RFP and Addenda online at www.crplanwell.com.
Click GO under Public Planroom.
Select Yorba Linda Water District from the drop-down list at the top of the screen and click on the
link for “YLWD Owners Avisor ”.
Add item(s) to your cart by clicking the cart icon(s) for each document.
Click on Instant Download OR Print Order.
Contact ARC Costa Mesa PlanWell for assistance:
Phone: 949-660-1150
Email: costamesa.planwell@e-arc.com
RFP and Addenda Location Online
1/16/20 9Yorba Linda Water District Page 86 of 93
1/16/20 10Yorba Linda Water District
Questions?
Page 87 of 93
YORBA LINDA WATER DISTRICT
ADDENDUM NO. 2
TO REQUEST FOR PROPOSALS (RFP) FOR
OWNER’S ADVISOR SERVICES FOR PFAS WATER TREATMENT PLANT
Page 1 of 2
January 28, 2020
To: All Plan Holders
The Request for Proposals is being amended to include the changes and additional material provided in
this addendum.
Proposers shall acknowledge the receipt of Addendum No. 2 by attaching a copy of this addendum
notification page to their Proposal in the Appendix. This page will not count towards the not-to-
exceed limit for pages.
I. Revisions to RFP:
1. Page 2, Eligibility: Section 2 in the RFP shall be revised as follows:
2. ELIGIBILITY
To be eligible, Consultant shall have engaged as an owner's advisor for DB procurement on
water treatment projects with individual project values of at least thirty million dollars
($30,000,000) within the past eight (8) years. In addition, Consultant must have recent,
significant experience with water treatment projects of similar scope and complexity and
have extensive experience and expertise in permitting and processes for this type of project.
Also, firms may not be engaged in work for other clients that pose or create a conflict of
interest in representation of the District.
The Consultant shall identify at least one (1) key team member's experience with DDW and
demonstrate having brokered successful permitting of a Water Treatment Plant of similar size
and complexity. Consultant shall also identify team members experience serving as
Owners Advisors on DB projects in the resumes, preferably on the projects included in
the proposal.
The District reserves the right to add addenda to this RFP. Proposing firms that do not
acknowledge all addenda to this RFP shall be considered nonresponsive.
II. Revisions to responses to questions sent via email:
1. Response to Question No. 3 in Addendum No. 1 is being revised as follows:
Q: Can a sub on the Owner’s Advisor contract be a sub on the DesignBuild contract?
Response: No.
2. Response to Question No. 5 in Addendum No. 1 is being revised as follows:
Page 88 of 93
YLWD Owner’s Advisor Services for PFAS Water Treatment Plant Page 2 of 2
Addendum No. 1 January 20, 2020
Page 2 of 2
Q: Would there be a conflict of interest if a consultant is currently working on other PFAS
related work for OCWD and the producers?
Response: OCWD has determined that there is no conflict for Consultants who are
providing services to OCWD on the following projects: PFAS Treatment Testing
Support Services and PFAS Treatment Systems Planning Study.
Page 89 of 93
ITEM NO. 6.1.
AGENDA REPORT
MEETING DATE:February 18, 2020
TO:Board of Directors
FROM:Marc Marcantonio, General Manager
STAFF CONTACTS:Rosanne Weston, Engineering Manager
Divya Agrawalla, Principal Engineer
SUBJECT:Schedule for Fast-Tracking Construction of Water Treatment Plant
to Remove Per- and Polyfluoroalkyl Substances (PFAS)
Staff will present the attached schedule alternatives at the meeting.
ATTACHMENTS:
1.Presentation
Page 90 of 93
Design-Build Schedule
Note:
• We will discuss an early completion incentive with the Design-Build Contractor to complete the project by
May 31, 2021.
Board
Approval of
Owner's
Advisor
2/18/20
Prepare CEQA & DB RFP
Board Approval of DB Contract
Pre-Purchase Vessels and Resin
(Vessels -32 wks, Resin -20 wks)
3/2/20 -8/21/20
Design and Construction by Design-Builder
8/22/20 -8/11/21
Testing and
applying for
DDW Permit
8/11/21 -
8/31/21
Plant in
Operation
8/31/21
Page 91 of 93
Sole Source Purchase & Installation – Schedule A
Similar Schedule to San Gabriel Valley Water Company
This schedule assumes that:
• Construction site is open land with no access restrictions or impact to District operations.
• Owner’s Advisor dedicates 14 or more engineers to complete the design.
• Board and OCWD approve sole sourcing of vessel/resin vendor and general contractor.
• Board approves increase in scope of work for Owner’s Agent to prepare a 100% design.
• Vendor can finalize submittals, manufacture and test vessels, obtain resin, and deliver to site in 32 weeks.
This schedule does not take into account:
• Any float for potential delays, which is typically built into all large-scale projects.
• Difficult and complicated design of the treatment plant given the variation in seasonal demands.
• Soils testing for slab design, potential issues with demolition, and any other unforeseen conditions.
Board Approval
of Owner's
Advisor and
Sole-Sourcing
2/18/20
Design of Treatment Plant &
Booster Pump Station by OA
Prepare/Execute contracts with
Vessel/Resin Vendor and General
Contractor
(Vessels -32 wks, Resin -20 wks)
3/2/20 -5/1/20
Construction of Treatment Plant and
Booster Pump Station
5/2/20 -11/18/20
Testing and
applying for
DDW
Permit
11/19/20 -
12/10/20
Plant in
Operation
12/10/20
Page 92 of 93
Sole Source Purchase & Installation – Schedule B
This schedule assumes that:
• Board and OCWD approve sole sourcing of vessel/resin vendor and general contractor.
• Board approves increase in scope of work for Owner’s Agent to prepare a 100% design.
• Vendor can finalize submittals, manufacture and test vessels, obtain resin, and deliver to site in 32 weeks.
This schedule takes into account:
• Float for potential delays, which is typically built into all large-scale projects.
• Difficult and complicated design of the treatment plant given the variation in seasonal demands.
• Soils testing for slab design and resolution of potential issues with demolition.
• Impact to District operations at Headquarters.
Board Approval
of Owner's
Advisor and
Sole-Sourcing
2/18/20
Design of Treatment Plant &
Booster Pump Station by OA
Prepare and Execute contracts
with Vessel/Resin Vendor and
Sitework Contractor
(Vessels -32 wks, Resin -20 wks)
3/2/20 -9/1/20
Construction of Treatment Plant and
Booster Pump Station
9/2/20 -4/25/21
Testing and
applying for
DDW
Permit
4/26/21 -
5/31/21
Plant in
Operation
5/31/21
Page 93 of 93