City Council - Successor Agency - Housing Authority
September 20, 2022

CITY OF FULLERTON

R E Q U E S T F O R P R O P O S A L S

RFP #4375 WATER MASTER PLAN UPDATE AND ON-CALL SERVICES

SUBMIT YOUR
PROPOSAL BY 5:00 PM PST
ON JULY 20, 2022 TO:

City of Fullerton – Purchasing
303 W. Commonwealth Avenue
Fullerton CA, 92832-1775

RFP Posted: June 17, 2022
Proposals must be received by: Wednesday, July 20, 2022 at 5:00 pm PST

Table of Contents

1. NOTICE OF REQUEST FOR PROPOSALS ................................................................................................................ 1

1.1 BACKGROUND ........................................................................................................................................................... 1

1.2 SUBMITTAL DEADLINE ............................................................................................................................................... 1

2. SCOPE OF SERVICES/SCOPE OF WORK ................................................................................................................ 3

3. INSTRUCTION TO PROPOSERS ............................................................................................................................ 3

3.1 EXAMINATION OF PROPOSAL DOCUMENTS ............................................................................................................. 3

3.2 ADDENDA ................................................................................................................................................................. 3

3.3 CITY CONTACT FOR QUESTIONS ................................................................................................................................ 3

3.4 SUBMISSION OF PROPOSAL ...................................................................................................................................... 4

3.5 ACCEPTANCE OF PROPOSAL ...................................................................................................................................... 5

3.6 INSURANCE REQUIREMENTS ..................................................................................................................................... 5

3.7 ADDITIONAL INFORMATION PRIOR TO SUBMITTAL ................................................................................................. 7

4. REQUIRED PROPOSAL CONTENT ......................................................................................................................... 8

4.1 OVERALL PRESENTATION ......................................................................................................................................... 8

4.2 PROPOSAL OUTLINE TO BE SUBMITTED ................................................................................................................... 8

4.3 INCORPORATION OF PROPOSAL ............................................................................................................................ 12

5. EVALUATION AND AWARD ............................................................................................................................... 12

5.1 EVALUATION CRITERIA ............................................................................................................................................ 12

5.2 EVALUATION PROCEDURE ....................................................................................................................................... 12

5.3 AWARD .................................................................................................................................................................... 13

5.4 SPECIAL TERMS AND CONDITIONS .......................................................................................................................... 14

6. REQUIRED FORMS ........................................................................................................................................... 15 ATTACHMENT A: NON-COLLUSION AFFIDAVIT ...................................................................................................... 16 ATTACHMENT B: SPECIAL PROVISIONS ................................................................................................................. 17 ATTACHMENT C: EXCEPTIONS .............................................................................................................................. 18

7. SAMPLE PROFESSIONAL SERVICES AGREEMENT ................................................................................................ 19

1 1. NOTICE OF REQUEST FOR PROPOSALS
Water Master Plan Update

NOTICE IS HEREBY GIVEN the City of Fullerton (City) is accepting proposals from the top three (3) qualified professional civil engineering consulting firms from RFQ# 4371 to update the City’s Water Master Plan and Water Rate Study (WMP & WRS, or Project) as well as providi ng on -call services following the completion of the Project for the Public Works Department, Engineering Division.

Proposals will be evaluated on the basis of the overall best value to the City based on quality, service, verifiable experiences, and any other criteria set out herein including but not limited to the Proposer’s ability to meet the requirements, qualifications, and competencies set out herein.

1.1 BACKGROUND

The City of Fullerton (“City”) is located 22 miles southeast of metropolita n Los Angeles, in the center of North Orange County. Fullerton is a full -service, general law city that was incorporated in 1904.

Fullerton is renowned for its unique mix of residential, commercial, industrial, educational, and cultural environments and is known for being “the education community”. Fullerton has 52 City parks, a museum, a cultural center, a public library, a golf course, and 29 miles of recreational trails. Fullerton provides an outstanding quality of life for both residents and businesses. Fullerton is also one of the largest cities in Orange County by area and is the sixth most populous.

The City’s water service area covers 22.3 square miles serving a population of nearly 144,000. The City’s water system consists of 15 reservoirs with a capacity of 67.5 million gallons (MG), 12 booster pumping stations, 9 groundwater wells, with one additional well under construction, 424 miles of water mains, and approximately 32,000 service connections spread across 4 pressure zones with 12 sub-zones. Th e water from one of the wells is currently being treated to remove per- and polyfluoroalkyl substances (PFAS) and a new treatment facility will be constructed to treat water from another well. The City has seven imported water connections to Metropolitan W ater District of Southern California (MWD) and six emergency interconnections with neighboring utilities.

The City of Fullerton is seeking proposals from proposers who were prequalified from RFQ# 4371 to assist the City with (a) updating its Water Master Plan, (b) expansion of its Asset Management Program, (c) updating its Water Rate Study, and (d) providing on-call services after completion of the Water Master Plan Update . The City will only consider and accept proposals from those proposers that were short listed based on their Statements of Qualifications (SOQs) submitted in response to the City’s February 23, 2022, Request for Qualification (RFQ).

1.2 SUBMITTAL DEADLINE

TO BE CONSIDERED, SEALED PROPOSALS MUST BE SUBMITTED NO LATER THAN Wednesday , July 20, 2022 at 5:00 PM PST to the Purchasing Division, 303 W. Commonwealth Ave, Fullerton, California, 2 92832. Failure of, or disturbances in any mail service is not a legitimate reason for proposals submitted after the above due date. The City may extend the deadline at its discretion. Please see instructions in Section 3.4 for details on how to submit.

The RFP will be made available only to the proposers that were short listed based on their Statements of Qualifications (SOQs) submitted in response to the City’s February 23, 2022, Request for Qualification (RFQ). Only these short-listed firms may submit a proposal. 3 2. SCOPE OF SERVICES/SCOPE OF WORK

The City proposes to issue one (1) contract for preparation of the Water Master Plan Update , Water Rate Study (WMP & WRS, or Project) as well as providing on-call services following the completion of the Project. The Scope of Work for the WMP and WRS is provided in Exhibit A, Scope of Work for the on-call services is provided in Exhibit B, and the list of available reports and data is provided in Exhibit C.

3. INSTRUCTIONS TO PROPOSERS

3.1 Examination of Proposal Documents
By submitting a proposal, Proposer represents that it has thoroughly examined and become familiar with the work required under this RFP and that it is capable of performing quality work to achieve the City’s objectives.

3.2 Addenda
Any changes to the requirements will be made by written addendum to this RFP and will be emailed to the qualified Proposers. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. City will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instructions. Proposers shall acknowledge receipt of addenda in their proposals.

3.2.1 Clarifications
Should a Proposer require clarifications of this RFP, the Proposer shall notify the City in writing in accordance with Section 3.3 below. Should it be found that the point in question is not clearly and fully set forth, the City will issue a written addendum clarifying the matter.

3.2.2 Errors in RFP
If a Proposer discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, the bidder should immediately provide the City written notice of the problem and request that the RFP be clarified or modified. Without disclosing the source of the request, the City may modify the documents prior to the date fixed for submission of proposals by issuing an addendum to all potential bidders.

If prior to the date fixed for submissions, a bidder knows of or should have known of an error in the RFP but fails to notify the City of the error, the bidder shall bid at their own risk, and if awarded the contract, shall not be entitled to additional compensation or time by reason of the error or its later correction.

3.3 Request for Information

3.3.1 Submitting Questions
All requests for clarifications and questions must be submitted by email and must be received 4 by the City no later than 4:00 pm PST, June 24, 2022.

3.3.2 City Responses
Notification of responses to questions and clarifications from the City will be directly emailed to proposing firms on July 1, 2022 .

3.3.3 General Inquiries
General questions on Professional Service RFPs and/or contacts with City staff/representative regarding this RFP are to be directed to the following:

City of Fullerton – Purchasing
Attn: Karen Chung
303 W. Commonwealth Avenue
Fullerton CA, 92832-1775
Email: [email protected]

3.4 Submission of Proposals

3.4.1 Date and Time
Proposals must be submitted at or before 5:00 pm PST on Wednesday, July 20, 2022 Proposals received after the above specified date and time will not be accepted by the City and will be returned to the Proposer unopened.

3.4.2 How to Submit
Proposer shall submit one (1) hard copy of the proposal and one (1) electronic copy on a USB flash drive . Copies of the proposal must be submitted in a sealed package bearing the Proposer’s name and address and clearly marked as follows:

“RFP #4375 Water Master Plan Update & On-Call Services”

Proposals can be dropped off at the address below or sent via delivery using the U.S. Postal Service or other means:

City of Fullerton – Purchasing Department
303 W. Commonwealth Avenue
Fullerton CA, 92832-1775

3.4.3 California Public Records Act (CPRA)
All Proposals submitted in response to this RFP become the property of the City and under the Public Records Act (Government Code Section 6250 el. Seq.) are public records, and as such may be subject to public review. H owever, the proposals shall not be disclosed until negotiations are complete and recommendation for selection is made to the City Council.

If a Proposer claims a privilege against public disclosure for trade secret or other proprietary information, such i nformation must be clearly identified in the proposal. Note that under 5 California law, price proposal to a public agency is not a trade secret.

3.5 Acceptance of Proposals

1. City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals.

2. City reserves the right to withdraw or cancel this RFP at any time without prior notice, and the City makes no representations that any contract will be awarded to any Proposer responding to this RFP.

3. City reserves the right to postpone proposal openings for its own convenience.

4. Proposals received by the City are public information and must be made available to any person upon request.

5. Submitted proposals are not to be copyrighted.

3.6 Insurance Requirements
The Consultant shall procure and maintain throughout the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the consultant, his agents, r epresentatives, employees or subcontractor. Consultant shall provide current evidence of the required insurance in a form acceptable to the City and shall provide replacement evidence for any required insurance which expires prior to the completion, expiration or termination of this Agreement.

Nothing in this section shall be construed as limiting in any way, the Indemnification and Hold Harmless clause contained herein in the agreement or the extent to which consultant may be held responsible for payments of damages to persons or property.

3.6.1 Minimum Scope and Limits of Insurance
a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance coverage in a form at least as broad as ISO Form #CG 00 01, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Agreement or shall be twice the required occurrence limit.
b. Business Automobile Liability Insurance . Consultant shall maintain business automobile liability insurance coverage in a form at least as broad as ISO Form # CA 00 01, with a limit of not less than $1,000,000 each accident. Such insurance shall include coverage for owned, hired and non-owned automobiles.
c. Workers’ Compensation and Employers’ Liability Insurance. Consultant shall maintain workers’ compensation insurance as required by the State of California and employers’ liability insurance with limits of not less than $1,000,000 each accident. d. Professional Liability Insurance . Consultant shall maintain professional liability insurance appropriate to Consultant’s profession with a limit of not less than $2,000,000. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If policy is written as a “claims made” policy, the retro date of the policy shall be prior to the start of the contract work. 6 e. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be declared to and approved by City. The City may require the Consultant to purchase coverage with a lower retention. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

3.6.2 Other Insurance Provisions
The required insurance policies shall contain or be endorsed to contain the following provisions:

a. Commercial General Liability . The City, its elected or appointed officials, officers, employees and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of consultant, including materials, parts or equ ipment furnished in connection with such work or operations. Such coverage as an additional insured shall not be limited to the period of time during which the consultant is conducting ongoing operations for the City but rather, shall continue after the completion of such operations. The coverage shall contain no special limitations on the scope of its protection afforded to the City, its officers, employees and volunteers.
b. Commercial General Liability. This insurance shall be the primary insurance as respects the City, its officers, employees and volunteers and shall apply separately to each insured against whom a suit is brought or a claim is made. Any insurance or sel f- insurance maintained by the City, its officers, employees and volunteers shall be excess of this insurance and shall not contribute with it.
c. Professional Liability. If the Professional Liability policy is written on a “claims made” form, the Retroactive Date must be shown and must be before the date of the contract or beginning of contract work. The insurance must be maintained, and evidence of insurance must be provided for at least (5) years after completion of the contract work.

If the coverage is canceled or non -renewed and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting coverage” for a minimum of five (5) years after completion of work.
d. Workers’ Compensation and Employers’ Liability Insurance . Insurer shall waive their right of subrogation against City, its officers, employees and volunteers for work done on behalf of the City. Insurer shall endorse the policy with a waiver of subrog ation in favor of the City.
e. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. If the consultant maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the consultant. Any available insuran ce proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 7 f. Subcontractor. Consultant shall req uire and verify that all subcontractor s maintain insurance meeting all the requirements stated herein and consultant shall ensure that City is an additional insured on insurance required from subcontractor. g. Special Risks or Circumstances. City reserves the right to modify these requirements , including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

3.6.3 Acceptability of Insurers
All required insurance shall be placed with insurers acceptable to the City with current BEST’S ratings of no less than A, Class VII. Workers’ compensation insurance may be placed with the California State Compensation Insurance Fund. All insurers shall be licensed by or hold admitted status in the State of California. At the sole discretion of the City, insurance provided by non-admitted or surplus carriers with a minimum BEST’S rating of no less than A- Class X may be accepted if consultant evidences the requisite need to the sole satisfaction of the City.

3.6.4 Verification of Coverage
Consultant shall furnish the City with certificates of insurance which bear original signatures of authorized agents and which reflect insurers names and addresses, pol icy numbers, coverage, limits, deductibles and self-insured retentions. Additionally, consultant shall furnish copies of all policy endorsements required herein. All certificates and endorsements must be received and approved by City before work commences. The City reserves the right to require at any time complete, certified copies of any or all required insurance policies and endorsements.

3.7 Additional Information Prior to Submittal

3.7.1 Pre-Contractual Expenses
City shall not, in any event, be liable for any pre-contractual expenses incurred by Proposer in the preparation of its proposal. Proposer shall not include any such expenses as part of its proposal.

Pre-contractual expenses are defined as expenses incurred by Proposer in:

1. Preparing its proposal in response to this RFP;

2. Submitting that proposal to the City; and

3. Negotiating with the City any matter related to this proposal; or any other expenses incurred by Proposer prior to date of award, if any, of the Agreement.

3.7.2 Joint Offers
Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime -subcontractor basis rather than as a joint venture. City intends to contract with a single firm and not with multiple firms doing business as a joint venture.

8 4. REQUIRED PROPOSAL CONTENT

4.1 Overall Presentation
Although no specific formatting is required by the City, this section is intended to provide guidelines to the proposer regarding features which the City will look for and expect to be included in the proposal.

Proposals shall be typed and submitted on 8 1/2 x 11" size paper, using a single method of fastening.

Charts and schedules may be included in 11” x 17” format. Offers should not include any unnecessarily elaborate or promotional material. Lengthy narrative is discouraged, and presentations should be brief and concise. Links to sample work should be clearly labeled and identified in both the electronic and hard copy version of the proposal.

4.2 Proposal Outline to be Submitted
In order for a proposal to be submitted as complete, the following items must be included in full:

1. Letter of Transmittal
The Letter of Transmittal is limited to two (2) pages and shall be addressed to Karen Chung, Buyer and contain the following:
a. Identification of Proposer that will have contractual responsibility with the City.

Identification shall include legal name of company, corporate address, and telephone number. Include name, title, address, email, and telephone number of the contact person identified during period of proposal evaluation. b. Identification of all proposed subcontractor including legal name of company, contact person’s name and address, and phone number. Relationship between Proposer and subcontractor, if applicable.
c. Acknowledgment of receipt of all RFP addenda, if any. d. A statement to the effect that the proposal shall remain valid for a period of not less than 180 days from the date of submittal.
e. An authorized signature. Company personnel signing the cover letter of the proposal or any other related forms submitted must be authorized signers with the requisite authority to represent their firm and to enter into binding contracts. f. Signed statement attesting that all information submitted with the proposal is true and correct.

2. Proposer Qualifications
The intent of this RFP is to evaluate the proposals, and select (1) Proposer that will provide the most cost-effective and professional services for the City:

Minimum Qualifications:
a. Be capable of providing the required services beginning on or around October 2022. b. Have the necessary resources, knowledge, skills, and experience to provide the required services as described in the Scope of Services/Scope of Work (Section 2). 9 c. Have financial stability and the necessary financial resources to provide the required services.
d. Demonstrate the requisite technical proficiency. Only Proposer s with verifiable cablecasting experience will be considered for award.

This section of the proposal should establish the ability of the Proposer to satisfactorily perform the required work by reasons of: experience in performing work of the same or similar nature; demonstrated experience working with local agencies and cities ; strength and stability of the Proposer ; staffing capability; work load; record of meeting schedules on similar contracts; and supportive client references. Equal weighting will be given to firms for past experience performing work of a similar nature whe ther with the City or elsewhere.

Proposer to:

(1) Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size, and location of offices; number of employees.
(2) Provide a general description of the firm's financial condition, identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede Proposer’s ability to complete the contract.
(3) Describe the firm's experience in performing work of a similar nature to that solicited in this RFP and highlight the participation in such work by the key personnel proposed for assignment to this contract.
(4) Describe experience in working with the various government agencies that may have jurisdiction over the approval of the work specified in this RFP.

Please include specialized experience and professional competence in areas directly related to this RFP.
(5) Provide a list of past joint work by the Proposer and each subcontractor, if applicable. The list should clearly identify the contract and provide a summary of the roles and responsibilities of each party. (6) A minimum of three (3) references should be given. Furnish the name, title, address, email and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed.

Proposer may also supply references from other work not cited in this section as related experience.

3. Proposed Staffing and Organization
This section of the proposal should establish the method that will be used by the Proposer to manage the contract as well as identify key personnel assigned. Proposed Staffing and Organization are to be presented by Proposer identified in the Scope of Services. 10 Proposer to:

(7) Provide education, experience , and applicable professional credentials of Contract staff. Include applicable professional credentials of “key” Contract staff.
(8) Furnish brief resumes (not more than two [2] pages each) for the proposed key personnel.
(9) Identify key personnel proposed to perform the work in the specified tasks and include major areas of subcontract work. Include the person's name, current location, and proposed position for this Contract, current assignment, and level of commitment to that assignment, availability for this assignment and how long each person has been with the firm. (10) Include an organization chart that clearly delineates communication/reporting relationships among the staff, including sub consultants.
(11) Include a statement that key personnel will be available to the extent proposed for the duration of the contract, acknowledging that no person designated as "key" to the Contract shall be removed or replaced without the prior written concurrence of the City.

4. Detailed Work Plan and Implementation Schedule
Proposer shall provide a narrative that addresses the Scope of Services and shows Proposer's understanding of City's needs and requirements.

The Proposer shall:

(12) Describe the proposed approach and work plan for completing the services specified in the Scope of Services. The description of the proposed approach shall discuss the services in sufficient detail to demonstrate the Proposer’s ability to accomplish the City’s objectives. (13) Describe the timeline /schedule for the work plan for completing the services specified in the Scope of Services including the amount of time and involvement of key personnel.
(14) Identify the team to be assigned for these services and qualifications of specific individuals who will work on the project, including resumes. (15) Describe the approach to managing resources, including a description of the role(s) of any sub- consultants, if applicable, their specific responsibilities, and how their work will be supervised. Identify the methods that Proposer will use to ensure quality, budget, and schedule control.

5. Work Samples
Proposer shall provide electronic copies (PDF format) of two (2) recent Asset Management 11 Plans and two (2) Water Rate Studies prepared by the firm.

The Proposer shall:

(16) Provide samples of work, queries, and reports from other related projects. (17) Provide samples of ongoing support and service agreements.

6. Fee Proposal
The City proposes to issue a contract for preparation of the WMP & WRS as well as providing on-call services following the completion of the WMP & WRS. The WMP & WRS is anticipated to be completed in two (2) years, and the on -call services is anticipated to continue for three (3) years, with a total contract term of five (5) years.

The Proposer will be compensated in accordance with Section 2.0 of the Sample Professional Services Agreement. For the WMP & WRS, compensation will be made based on t he negotiated fees and schedule with the selected Proposer. The Proposer fee schedule shall remain in effect during the preparation of the WMP & WRS.

For the on -call services, the Proposer will be compensated based on the Proposer ’s proposed hourly fees and estimated hours plus direct costs. The Proposer shall provide its hourly rate schedule with its proposal and the proposed total cost for the on-call services shall not exceed $100,000.00 during the entire term of the Agreement. T he Proposer fee schedule shall remain in effect during the first 12 months of the on-call services term. Any proposed requests to change the adopted rates annually shall not exceed the relevant Consumer Price Index for the preceding 12-month period. Other direct costs, intended to be charged to the City, need to be stated. No mark -ups will be allowed for other direct costs. The total compensation for the on- call services shall not exceed the amount specified in Section 2 of the Agreement.

The Proposer shall:
(18) Submit a Fee Proposal in a separate sealed envelope that includes a clear breakdown for preparation of the WMP & WRS.
(19) Provide a hourly rate schedule for the on-call services.

7. Required Forms
The required forms to be submitted with the RFP packet are outlined below and available in Section 6:

1. Attachment A: Non-Collusion Affidavit

2. Attachment B: Special Provisions

3. Attachment C: Exceptions

These forms do not need to be placed in any particular section within the RFP packet.

However, they are required in order to submit a complete proposal. Failure to include the 12 require forms will result in immediate disqualification.

8. Appendices
Information considered by Proposer to be pertinent to this Contract and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Please note that this does not constitute an invitation to submit large amounts of extraneous materials. Appendices should be relevant and brief.

4.3 Incorporation of Proposal
This RFP and the Proposer ’s response, including all promises, warranties, commitments, and representations made in the successful proposal will become binding contractual obligations and will be incorporated by reference in any agreement between City and Proposer.

The selected Proposer shall enter into an agreement with the City based upon the contents of the RFP and the Propose r’s proposal. The City’s standard form of agreement is included at the end of the document. The proposer shall carefully review the agreement, especially with reg ards to the indemnity and insurance provisions.

5. EVALUATION AND AWARD

5.1 Evaluation Criteria
City will evaluate the proposals received based on the following criteria. In its evaluation, the City may use different weighting factors for different criteria or sub- criteria. For example, a higher weighting factor may be assigned to the key personnel qualifications than to the team structure.

1. Qualifications of the Firm - technical experience in perfor ming work of a similar nature; experience working with public agencies; strength and stability of the firm; and assessment by client references.

2. Project Management Approach - qualifications of proposed key personnel; logic of organization; and adequacy of labor commitment and resources to satisfactorily perform the requested services and meet the City’s needs.

3. Detailed Work Plan - thorough understanding of the City's requirements and objectives; logic, clarity, specificity, and overall quality of work plan.

4. Fee Proposal - reasonableness of proposed fees.

5.2 Evaluation Procedure
An Evaluation Committee will be appointed to review all proposals. The committee will be comprised of City staff and may include outside personnel. The committee members will review and evaluate the proposals. The committee will recommend to the City Manager the firm(s) whose proposal is most advantageous to the City of Fullerton. The City Manager will then forward its recommendation to the City Council for final action.

5.2.1 Right to Reject Proposals
13 City reserves the right to reject any and all proposals, to waive any non-material irregularities or informalities in any proposal, and to accept or reject any item or combination of items.

Tentative Schedule
**Tentative Schedule may be changed at the City’s discretion**

Release of RFP June 17, 2022

Question Submittal Deadline June 24, 2022, at 4.00 P.M. PST

Response to Questions Posted July 1, 2022

RFP Submittal Deadline July 20, 2022, at 5.00 P.M. PST

RFP Evaluation/Interview & Firm Selection August/September 2022

Start Date October 2022

5.3 Award
After conclusion of the evaluation period, a notification of intent to award may be sent to any Proposer selected.

Award is contingent upon the successful negotiation of final contract terms and the approval of City.

Negotiations shall be confidential and not subject to disclosure to competing Proposers until an agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next best qualified Proposer or withdraw the RFP. In the event the City does not approve the recommendation to award, the RFP may be cancelled without any cost or obligation of City.

The term of the contract will be as provided in Section 4 under 6. Fee Proposal.

5.3.1 Notification of Award
Proposers who submit a proposal in response to this RFP shall be notified regarding the Proposer(s) awarded a contract. Such notification shall be made within seven (7) days of the date the contract is awarded.

5.3.2 Execution of Agreement
If a Proposer is not able to execute an agreement within 10 days after being notified of selection, City reserves the right to select the next most qualified proposer or call for new 14 proposals, whichever City deems most appropriate. (Sample template of agreement is attached).

5.4 Special Terms and Conditions

5.4.1 Audit Requirements
a. The City reserves the right to periodically inspect and audit the selected Proposer’s accounting procedures and supporting documentation in conjunction with the performance of the required services.
b. The City will notify Proposer in writing of any such requested audit. c. The City will inspect and audit in a reasonable manner and at the City’s expense. d. The Proposer must fully cooperate with any such audit(s). e. The City will notify the Proposer in writing of any exception taken as a result of an audit. f. If an audit, in accordance with this article, discloses overcharges (of any nature) by Proposer to the City of the value of that portion of the Agreement that was audited, the actual cost of the City’s audit must be reimbursed to the City by the Proposer.

5.4.2 Termination
a. If, in the opinion of the City Manager or his designee, the Proposer fails to perform or provide prompt, efficient service, the City of Fullerton City Manager or his designee has the right to terminate or cancel the Agreement upon 5 -day’s written notice and pay the Proposer for the value of the actual work satisfactorily p erformed to the date of termination.
b. The City Manager or his designee has the right to terminate or cancel the Agreement upon thirty (30) days written notice without cause and pay the Proposer for the value of actual work satisfactorily performed to the date of termination. c. These rights are in addition to any other rights that City may have available 15 6. REQUIRED FORMS

16 ATTACHMENT A: NON-COLUSION AFFIDAVIT

Note: To be executed by Proposer and submitted with proposal.

State of
(the State of the place of business)

County of
(the County of the place of business)

, being first duly sworn, deposes and
(name of the person signing this form)
says that he/she is of
(title of the person signing this form)
, the party making the foregoing bid
(name of bidding company)
that such bid is not made in the interest of or on the behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or of any other bidder or to fix any overhead profit, or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in such bid are true, and further, that said bidder has not directly or indirectly submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in the general business

By: ______________________________
(signature)

Printed Name: ______________________________

(name of the person signing this form)

Title: ______________________________
(title of the person signing this form)

17 ATTACHMENT B: SPECIAL PROVISIONS

All items below apply to this bid proposal:

Hold Harmless and Indemnification: The successful bidder hereby agrees to indemnify, defend, and hold harmless City (including its officials, officers, agents, employees, and representatives) from and against any and all claims of any kind or nature presented against City arising out of vendor's (including vendor's employees, representatives, and subcontractor ) performance under this agreement, excepting only such claims, costs or liability which may arise out of the sole negligence or willful misconduct of City.

Insurance Provisions: U
nless otherwise stated in the RFP specifications, the following insurance requirements apply:

1. Comprehensive General Liability Insurance: (include products liability) $1,000,000 per occurrence.

2. Auto Liability Insurance: $1,000,000 per occurrence, combined single limit (CSL).

3. Workers' Compensation Insurance: as required by State statutes.

4. Employer’s Liability Insurance: $1,000,000 per accident; $1,000,000 policy limit for disease.

5. Professional Liability Insurance: $1,000,000

6. All policies of insurance must provide for a minimum of thirty (30) days written notice of any change or cancellation of the policy.

7. Insurance policies to be in a form ad written through companies acceptable to City; and must include those endorsements which are necessary to extend coverage which is appropriate to the nature of the agreement.

Affirmative Action: The successful bidder hereby agrees to comply with Title VII of the Civil Right Act of 1964, as amended, the Civil Rights Act of 1992, and all federal, state, and municipal laws and regulations pertaining thereto, in support of Affirmative Action:

Certified to above - FIRM:

SIGNATURE:

PRINT NAME:

TITLE:

18 ATTACHMENT C: EXCEPTIONS

If your company is taking exception to any of the specifications, terms or conditions (including insurance, indemnification and/or proposed contract language) stated in this Request for Proposal, please indicate below and describe details: (check any that apply).

No exceptions taken
Exception taken to the scope of work or specifications
Exception taken to indemnification and insurance requirements Exception to proposed contract language
Other

Please explain any of the checked items:

PROPOSING FIRM: DATE:

BUSINESS ADDRESS :

SIGNATURE OF REPRESENTATIVE:

BY: TITLE:

INSTRUCTION REGARDING SIGNATURE: If bidder is an individual, state "Sole Owner" after signature. If bidder is a partnership, signature must be by a general partner, so stated after "Title".

Names of all other partners and their business addresses must be shown below. If bidder is a corporation, signature must be by an authorized officer, so stated after "Title", and the names of the President and Secretary and their business addresses must be shown below:

19 7. SAMPLE PROFESSIONAL SERVICES AGREEMENT

PROFESSIONAL SERVICES AGREEMENT
SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL

20 CITY OF FULLERTON

PROFESSIONAL SERVICES AGREEMENT
WITH
[VENDOR/CONSULTANT BUSINESS NAME]

THIS AGREEMENT is made and entered into this __ day of [MONTH, YEAR] (“Effective Date”), by and between the CITY OF FULLERTON, a California municipal corporation (“City”), and [VENDOR/CONSULTANT BUSINESS NAME], a [California corporation] (“Consultant”).

W I T N E S S E T H:

A. City proposes to utilize the services of Consultant as an independent contractor to provide certain services, as more fully described herein.

B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated.

C. City and Consultant desire to contract for the specific services described herein, and desire to set forth their rights, duties and liabilities in connection with the services to be performed.

D. N o official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the [Services & Fees Schedule attached hereto as Exhibit “A” ] (“Scope of Services”) and incorporated herein by this reference. Consultant is also being retained to provide the Additional Services, after completion of the Scope of Services, as set forth in Exhibit “B” attached hereto and incorporated herein by reference (“Additional Services”).

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws and regulations that may affect Consultant’s performance of this Agreement.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the reasonable satisfaction of the City, in accordance with the applicable professional standard of care and City specifications and within the hereinafter specified. Evaluations of the wor k will be done by the City Manager or his designee. If the quality of work is not satisfactory, City in its discretion has the right to:

21 (a) Meet with Consultant to review the quality of the work and resolve the matters of concern;

(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or

(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable and non -conflicting Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sex, gender, gender expression, sexual orientation or military or veterans status, except as permitted pursuant to Section 12940 of the Government Code.

1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services sim ilar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the [fee schedule set forth in Exhibit A].

2.2. Additional Services. Consultant is also being retained, to perform the Additional Services and shall be compensated in accordance with the fee schedule set forth in Exhibit “B”.

22 Consultant shall not receive compensation for any services provided outside the scope of services specified in [Exhibit’s A and B] unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion.

2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date of this Agreement until three (3) years after the termination date.

2.5. W-9 . Consultant must provide City with a current W-9 form, to be attached hereto as Exhibit “D.” It is the Consultant’s responsibility to provide to the City any revised or updated W- 9 form.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work . The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue through [ INSERT TERMINATION DATE (i.e. December 31, 2020) ], unless terminated as provided herein.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant.

The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually

23 rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Insurance Required . Consultant shall procure and maintain throughout the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees or subcontractor(s). Consultant shall provide current evidence of the required insurance in a form acceptable to City and shall provide replacement evidence for any required insurance which expires prior to the completion, expiration, or termination of this Agreement.

Nothing in this section shall be construed as limiting in any way, the Indemnification and Hold Harmless clause contained herein in Section 6.8 or the extent to which Consultant may be held responsible for payments of damages to persons or property.

5.2. Minimum Scope and Limits of Insurance.

A. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance coverage in a form at least as broad as ISO Form #CG 00 01, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Agreement or shall be twice the required occurrence limit.

B. Business Automobile Liability Insurance. Consultant shall maintain business automobile liability insurance coverage in a form at least as broad as ISO Form # CA 00 01, with a limit of not less than $1,000,000 each accident. Such insurance shall include coverage for owned, hired and non-owned automobiles.

C. Workers’ Compensation and Employers’ Liability Insurance. Consultant shall maintain workers’ compensation insurance as required by the State of California and employers’ liability insurance with limits of not less than $1,000,000 each accident.

D. Professional Liability Insurance. Consultant shall maintain professional liability insurance appropriate to Consultant ’s profession with a limit of not less than $1 ,000,000.

Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If policy is written as a “claims made” policy, the retro date of the policy shall be prior to the start of the contract work.

5.3. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be declared to and approved by City.

24 5.4. Other Insurance Provisions. The required insurance policies shall contain or be endorsed to contain the following provisions:

A. Commercial General Liability. City, its elected or appointed officials, officers, employees and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of C onsultant, including materials, parts or equipment furnished in connection with such work or operations. Such coverage as an additional insured shall not be limited to the period of time during which Consultant is conducting ongoing operations for City but rather, shall continue after the completion of such operations. The coverage shall contain no special limitations on the scope of its protection afforded to C ity, its officers, employees and volunteers.

B. Commercial General Liability. This insurance shall be primary insurance as respects City, its officers, employees and volunteers and shall apply separately to each insured against whom a suit is brought or a claim is made. Any insurance or self -insurance maintained by City, its officers, employees and volunteers shall be excess of this insurance and shall not contribute with it.

C. Professional Liability . If the Professional Liability policy is written on a “claims made” form, C onsultant shall maintain similar coverage for three consecutive years following completion of the project and shall thereafter, submit annual evidence of coverage.

Additionally, C onsultant shall provide certified copies of the claims reporting requirements contained within the policies.

D. Workers’ Compensation and Employers’ Liability Insurance. Insurer shall waive their right of subrogation against City, its officers, employees and volunteers for work done on behalf of City.

E. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to City.

If Consultant maintains higher limits or has broader coverage than the minimums shown above, City requires and shall be entitled to all coverage, and to the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum lim its of insurance and coverage shall be available to City.

F. Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein and C onsultant shall ensure that City is an additional insured on insurance required from subcontractors.

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

5.5 Acceptability of Insurers . All required insurance shall be placed with insurers acceptable to City with current BEST’S ratings of no less than A, Class VII. Workers’ compensation insurance may be placed with the California State Compensation Insurance Fund.

All insurers shall be licensed by or hold admitted status in the State of California. At the sole discretion of City, insurance provided by non-admitted or surplus carriers with a minimum BEST’S rating of no less than A- Class X may be accepted if Consultant evidences the requisite need to the sole satisfaction of City.

25 5.6 Verification of Coverage. Consultant shall furnish City with certificates of insurance which bear original signatures of authorized agents and which reflect insurers names and addresses, policy numbers, coverage, limits, deductibles and self -insured retentions.

Additionally, C onsultant shall furnish copies of all policy endorsements required herein. All certificates and endorsements must be received and approved by City before work commences.

City reserves the right to require at any time complete, certified copies of any or all required insurance policies and endorsements.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The City Manager or his designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

[VENDOR/CONSULTANT NAME]
[MAILING ADDRESS]
Attn: [NAME AND TITLE]

City of Fullerton
303 W. Commonwealth Ave.

Fullerton, CA 92832
Attn: [NAME AND TITLE]

6.5. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all

26 costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be the superior court located in Orange County, California.

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.

Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless . To the fullest extent of the law, Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents, and employees, at Consultant’s sole expense, from and against claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents, and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the professional services undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, and employees based upon the work performed by Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints, or suits arising out of the sole or active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect. Not withstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for all of City’s defense costs to the extent such costs are incurred as a result of Consultant’s negligence, recklessness or willful misconduct, regardless of the percentage of liability of Consultant.

6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any

27 and all taxes, assessments, penalties, and interest asserted against City by r eason of the independent con tractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Consultant or any em ployee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractor, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents. All findings, reports, CAD drawings, documents, information and data, including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files, audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

6.13. Public Records Act Disclosure . Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractor s, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be

28 liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14. Conflict of Interest . Consultant and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Consultant and its officers, employees, associates and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.15. Responsibility for Errors. Consultant shall be responsible for its work under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, without prejudice to any other remedy to which City may be entitled to at law or equity, Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. In addition, Consultant shall reimburse City for any and all costs, expenses and/or damages, if any, that the City has incurred due to the aforementioned error or omission.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19. No Third-Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

29 6.22. Amendments . Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF FULLERTON

__________________________________ Date: __________________________ Eric Levitt, City Manager

CONSULTANT

__________________________________ Date: __________________________ [NAME AND TITLE]

__________________________________
Social Security or Taxpayer ID Number

30 SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL

EXHIBIT A

SCOPE OF WORK FOR WMP (WATER MASTER PLAN) & WRS (WATER RATE STUDY)

Fullerton Water Master Plan Update

Exhibit A
Water Master Plan Update and Water Rate Study (WMP & WRS) Scope of Work

BACKGROUND

The City of Fullerton (“City”) is located 22 miles southeast of metropolitan Los Angeles, in the center of North Orange County. Fullerton is a full-service, general law city that was incorporated in 1904. Fullerton is renowned for its unique mix of residential, commercial, industrial, educational, and cultural environments and is known for being “the education community”. Fullerton has 52 City parks, a museum, a cultural center, a public library, a golf course, and 29 miles of recreational trails. Fullerton provides an outstanding quality of life for both residents and businesses. Fullerton is also one of the largest cities in Orange County by area and is the sixth most populous.

The City’s water service area covers 22.3 square miles serving a population of nearly 144,000. The City’s water system consists of 15 reservoirs with a capacity of 67.5 million gallons (MG), 12 booster pumping stations, 9 groundwater wells, with one additional well under construction, 424 miles of water mains, and approximately 32,000 service connections spread across 4 pressure zones with 12 sub-zones. The water from one of the wells is currently being treated to remove per- and polyfluoroalkyl substances (PFAS) and a new treatment facility will be constructed to treat water from another wells. The City has seven imported water connections to Metropolitan Water District of Southern California (MWD) and six emergency interconnections with neighboring utilities.

The City’s previous Water Master Plan was prepared in 1997. The City has also developed and maintains an Innovyze InfoWater hydraulic model, which is integrated with ArcGIS. The hydraulic model was last calibrated, and peer reviewed in 2013.

OBJECTIVES

The City of Fullerton is seeking proposals from qualified consultants to assist the City with (a) updating its Water Master Plan, (b) expansion of its Asset Management Program, and (c) updating its Water Rate Study. Only consultants that were short listed based on their Statements of Qualifications (SOQs) submitted in response to the City’s February 23, 2022, Request for Qualification (RFQ) may submit a proposal.

The updated documents will serve as a roadmap for the City’s long-term (approximately 20-year) capital improvement program by addressing its aging infrastructure, future water demands, and existing water resources.

The City’s primary objective is to continue providing a reliable water supply to the City’s customers, adequate flow and pressures for fire protection and peak demand, Fullerton Water Master Plan Update

maintaining reliability and affordability, and a resilient and sustainable water system while meeting regulatory requirements.

The Project will include, but may not be limited to, the scope items listed below:
 Provide project management services.
 Review data on the existing water syst em and relevant studies/documents including the existing Water Master Plan and compile background information.  Develop water demand projections considering the population and housing growth that could result from the Regional Housing Needs Allocation (RHNA) requirements, Senate Bill 9 – the California Housing Opportunity and More Efficiency (HOME) Act and evaluate the existing water supply sources.  Review the existing hydraulic model (Innovyze InfoWater).  Create and calibrate a new hydraulic model using Innovyze InfoWater Pro software.
 Utilize the new calibrated hydraulic model to evaluate existing conditions, build out conditions, water supply, storage, fire flow, water age, and system specific conditions, and make recommendations.
 Evaluate pipeline replacement requirem ents and prioritization (utilizing an asset management software).
 Assess the life expectancy of the City’s water infrastructure (reservoirs, pump stations, pumps, motors, PRVs, valves, etc.) and recommend a rehabilitation and replacement plan.
 Develop five-year (short-term) and 20- year (long-term) capital improvement plan with each project identified, scope description, project costs, project initiation triggers, and anticipated construction timelines.
 Determine the cost of providing water services, identify future rate adjustments, and develop a financial management plan to finance the Capital Improvement Program (CIP). See Task 6.0 for details.
 Provide new updated Water Master Plan (WMP) documents  Provide a new Water Rate Study Report.

Any additional work identified during the course of the project that is deemed necessary, but outside the original Scope of Work, must be recorded as a Change Order and approved by the City in writing before work is started.

Fullerton Water Master Plan Update

TASK 1.0 ‐ PROJECT MANAGEMENT AND MEETINGS

The Consultant shall assign a dedicated Project Manager to the project. This person will be the single point of c ontact for overall communications and project coordination with the City and subconsultants, if any. Th is person should not be replaced without written approval by the City.

Consultant shall provide t he City with the follo wing Project Management services for Tasks 2.0 through 6.0:

TASK 1.1 – Project Schedule and Status Reports

1.1.1 The Consultant shall provide a Project Schedule, organized by task, with milestone of deliverables clearly identified.

1.1.2 The Consultant shall submit a project status report to the City and invoice monthly to provide an accurate accounting of wo rk performed by the Consultant, work progress, and budget status. Invoices shall be accompanied by budget summary spreadsheet that provides a Task-by-Task breakdown of project billing.

TASK 1.2 – Project Meetings

1.2.1 The Consultant shall prepare all agenda and material, attend, and prepare meeting notes for the meetings/workshops, including:
a. Kick-off meeting (1 meeting, 2 hours)
b. Monthly progress meeti ngs with staff (2 hours/each). The progress meeting may be conducted virtually.
c. Workshop meetings with the City’s Engineering and Operations staff (4 hours/each), including:

1. Three workshops for model development (Task 2.5.7)

2. Two workshops for water system evaluation (Task 2.6.5)

3. Three workshops for asset management (Task 3.0)

4. Two workshops for CIP (Task 4.0)
d. Workshop meeting with the City’s Ad Hoc Committee (2 hours/each)

5. Two workshops for Water Master Plan

6. Eight workshops for Water Rate Study
e. City Council meetings (3 meetings at 4 hours/each)

Fullerton Water Master Plan Update

TASK 2.0 – WATER SYSTEM ANALYSIS AND EVALUATION

For Task 2.0, at a minimum the proposed work plan and approach must address the following tasks with their associated deliverables:

TASK 2.1 – Data Collection, Review, and Analysis

The Consultant shall compile, review, and a nalyze the reports and data on the existing water system provided by the City, includi ng the City’s 1997 Wate r Master Plan, the Division of Drinking Water compliance requi rements under the Permi t to Operate, GIS files, utility billing data, SC ADA records, etc. A list of past reports, documents, publications, etc. that can be made available to the Consultant is provided as Exhibit C to this RFP. These items will be provided to the selected Consultant.

Deliverables

The Consultant shall submit a draft Technical Memorandum to the City for review and comments discussing the quality of available data, data gaps, and efforts needed to improve the data quality.

The Consultant shall finalize and resubmit the Technical Memorandum addressing the City’s comments.

TASK 2.2 – Existing Water Supply and System Description

Based upon Task 2.1, the Consultant shall include a section in the WMP Update providing a description of the City’s water supply system including:
 Discuss the existing sources of water supply. Include regulatory, contractual, and policy framework that allows for these supplies.
o Local groundwater availability (c onsider operational and water quality constraints).
o Imported water from MW D (considering factors impacting its reliability).  Quantify the water production capacity of each facility.  Provide a general description of the water distribution system.

TASK 2.3 – Water Quality

The Consultant shall include a section in the WMP Update discussing the quality of the City’s sources and supplied water, including the following items:
 Discuss drinking water regulations and water quality parameters that affect the wells and the system.
 Discuss emerging contaminants that may affect the City’s water supply.

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 Prepare a range of water quality and regulatory constraint scenarios that result in differing levels of groundwater availability and treatment requirements.  Provide a general description of the City’s future water treatment needs. The estimated cost of the capital improvement for meeting water quality requirements shall be discussed in Task 4.0.

TASK 2.4 – Water Demand Projections

The Consultant shall project future water demands for the 2045 planning horizon considering the following:
 Consistency for population and demand projections with other City planning documents, including the City’s 2020 Urban Water Management Plan (UWMP).  The population and housing growth that could result from Regional Housing Needs Allocation (RHNA) requirements and Senate Bill 9 – the California Housing Opportunity and More Efficiency (HOME) Act.
 The long-term water conservation anticipat ed to result from implementation of SB 606 and AB 1668 requirements (Making Water Conservation A California Way of Life).
 The potential effects of hydrological c onditions, economic conditions, behavioral and social changes in water usage.

2.4.1 The Consultant shall estimate th e water demand in each of the following categories:
 Total system water demand.
 Water demand by pressure zones.
 Water demand in areas served primarily by groundwater and areas served primarily by imported water.

The Consultant shall identify the demand for each of the following sub- categories within the categories listed above, based on the available data.  Residential (Single and Multiple Family)
 Commercial (Schools)
 Industrial
 Landscaping (Residential, Golf Course, Parks)
 Municipal (Offices, Parks, Medians)

2.4.2 The Consultant shall determine wate r usage patterns for each of the above subcategories. “Duty factors” shall be established for each subcategory to allow forecasting of future water usage and modeling of the system. Consultant shall also derive maximum day and peak hour factors for each subcategory.

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Deliverables

The Consultant shall submit a Technical Memorandum to the City for review and comments including the following items:
 Analyze the available historical water demands, including peak demand flows.  Forecast population changes for the planning horizon.  Predict future water demands (demand forecast) based on single family, multi- family, commercial, industrial, and municipal uses through the planning horizon.  Describe the potential changes in demand from the anticipated housing growth, long-term water conservation, and hydrologic/economic conditions noted above.  Discussion on duty factors.

The Consultant shall finalize and resubmit the Technical Memorandum addressing the City’s comments.

TASK 2.5 – Hydraulic Model Development and Calibration

The City’s existing hydraulic model uses Innovyze’s InfoWater software, which was calibrated in 2013 and underwent some updates in 2015. Now, the City would like the Consultant to create and calibrate a new hydraulic model using Innovyze’s InfoWater Pro software. The tasks under Hydraulic Model Development and Calibration may include, but not limited, the following:

2.5.1. The Consultant shall review the Cit y’s existing hydraulic model (InfoWater) and recommend an efficient approach for incorporating the existing model data into the new InfoWater Pro.

2.5.2. The Consultant shall obtain t he latest water system GIS database and operational data for water lines and water facilities (pumps, pump stations, tanks, and wells) and populate parameters for facilities and control structures. The Consultant shall identify if additional data is required to create the new hydraulic model and collect any necessary information from the City.

2.5.3. The Consultant shall incorporate into the model the physical and operational attributes of major system components including, but not limited to, all 4” and larger pipelines, wells, tanks, pump stations, regulating valves, system valves, hydrants, and turnouts.

2.5.4. The Consultant shall assign an average day demand and a maximum day demand to the appropriate model nodes utilizing the City’s billing data. The available data consist of metered usage for customer accounts in bimonthly reads and meter locations provided in the City’s GIS.

2.5.5. The Consultant shall calibrate the model using field verification and empirical methods. The Consultant shall validate the model by performing pressure gauge Fullerton Water Master Plan Update

readings and fire flow tests where necessary and shall provide as reference all pressure readings and fire flow testing data in the Master Plan Report appendix including a map showing locations of testing. The Consultant shall make as many iterations as may be required with the model to calibrate it to the industry standards.

2.5.6. The Consultant shall update or create the following:
 Pump curves and control settings
 Valve control settings
 Diurnal demand patterns

2.5.7. The Consultant shall conduct three (3) workshops with the City to discuss the model development and calibration process and findings.

2.5.8. The Consultant shall provide training (3 sessions at 4 hours each) to City staff on how to run the model to demonstrate various flow and system configuration scenarios. The Consultant shall also provide an hourly rate to provide subsequent training during the term of the agreement.

TASK 2.5a – Water Facility Elevation Survey (Optional Task)

The Consultant shall have a Professional Land Surveyor find the elevation for each water facility entered into the hydraulic model. Facilities, at a minimum, shall include the wells, reservoirs, and pump stations. The Surveyor shall use the City of Fullerton’s Datum which is 6.12 feet below USGS or 7.995 feet below NAVD 88. Many of the City’s as-built plans have elevation data, but it is not always clear the datum used on the plans. The Consultant and Surveyor shall review the facilities’ as-built plans to determine the best locations to obtains points to have a comprehensive understanding of each facility’s elevation.

Deliverables

The Consultant shall submit a draft Technical Memorandum to the City for review and comments summarizing efforts under this task and highlighting any issues or corrective actions. The Consultant shall finalize and resubmit the Technical Memorandum addressing the City’s comments. At a minimum, the Technical Memorandum shall include the following items:

 Review of the data provided by the City, including by not limited to water mains, reservoirs, pump stations, and regulating valves.
 Review of the City’s current hydraulic model
 The process for creating the new hydraulic model (using InfoWater Pro) to reflect the current physical and operational conditions provided by the City.  The procedure and methodology used to ca librate and verify the new hydraulic Fullerton Water Master Plan Update

model using SCADA data and fire flow field data.
 Facility elevations (optional task)
 Conclusions and recommendations.

TASK 2.6 – Water System Evaluation

The Consultant shall consider the following in its analysis in Task 2.6 and 2.7 below:
 Inputs from the City’s Water E ngineering and Operations staff.  The expected outcome of its implem entation, including effectiveness for increasing resiliency.
 Water quality considerations.
 Sustainability of the City’s water in frastructure, including greenhouse gas impacts.
 Technological advances, especially in wate r treatment, identifying the potential advantages and disadvantages.
 Consistency with infrastructure plans laid out in the WMP.  Capital and O&M costs.
 Regulatory framework, including feder al, state and local regulations, codes, standards, policies, permit requirements, etc. that may support or hinder implementation.
 Other implementation challenges. For example, address outside entity cooperation required for each of the options, as applicable.  Vulnerabilities due to climate change.

The Consultant shall utilize the calibrated hydraulic model to complete the following tasks:

2.6.1 Analyze, evaluate, test and plan upgr ades for the water syst em. The following flow scenarios shall be included in the exercise:
 Average day demand (ADD)
 Maximum day demand plus fire flows (MDD)
 Peak hour demand (PHD)
 Extended period simulation (EPS)
o The Consultant shall recommend the duration and time step intervals for EPS run(s) to the City for review and input.

Fullerton Water Master Plan Update

2.6.2 Analyze the current and build out conditions to determine capacity and deficiencies within the existing water system in near-term, and ultimate planning horizons.

2.6.3 Analyze the City’s wells, reservoirs, and booster pump stations to determine if they are adequate to meet the City’s facility sizing criteria and to determine storage required for operationa l, emergency, and fire flow conditions. These efforts may include, but not be limited, to:
a. Identify areas of defici ent flow or pressure and determine required pipe sizes and booster pumping capacity to transport peak demand flows including fire flows for the planning horizon.

1. Fire flow demands shall be based on the guidelines established by the City Fire Department.

2. Consideration should be given to multiple fire flow demand locations within larger pressure zones.
b. Identify current water reservoir st orage requirements for operational (peak demand), emergency, and fire storage by hydraulic zone. c. Identify deficiencies in storage with recommendations for sizing, locations, etc.
d. Identify deficiencies in booster pump capacity.
e. Identify additional or re configured piping (looped systems) for improvements in water quality.
f. Identify and prioritize pipelines that should be replaced based on insufficient fire flow and/or flow pressure.
g. Determine the adequacy of the PRVs based on fire flow and deficient flow pressure.
h. Develop recommendations for repl acing aging wells in the system and verify/recommend locations of new production wells and transmission mains.

2.6.4 Analyze water system improvement alte rnatives, which may include alternatives for improving the transmission mains, storage, pumping and distribution system improvement needs.

2.6.5 Conduct two (2) workshops (4 hours eac h) with the City to discuss the water system evaluation findings.

Deliverables

The Consultant shall submit a draft Technical Memorandum to the City for review and comments summarizing efforts under this task and highlighting any issues or corrective actions. The Consultant shall finalize and resubmit the Technical Memorandum addressing the City’s comments. At a minimum, the Technical Memorandum shall include the following items:

Fullerton Water Master Plan Update

 Describe the design and plann ing criteria, including:
o Peaking factors
o Facilities and storage criteria
o Pumping and pressure criteria
o Fire flow requirements
 Describe the findings of the hydraulic modeling including:
o Identify areas of deficient flow pre ssure and determine required pipe sizes and booster pumping capacity to transport peak demand flows through the system including fire flows.
o Identify current water reservoir st orage requirements for operational (peak demand), emergency, and fire storage by hydraulic zone. o Identify deficiencies in storage with re commendations for sizing, locations, etc.
o Identify deficiencies in boos ter pump or well capacity. o Identify additional or reconfigured piping (looped systems) for improvements in pressure or flow.
o Determine the adequacy of the PRVs based on fire flow and deficient flow pressure.

TASK 2.7 – Water System Planning Scenarios

The Consultant shall analyze the water system under the following scenarios using the analysis in Task 2.6 as the baseline scenario. The Consultant may propose other scenario(s) based on discussion with City staff. The Consultant may include descriptions for proposed scenarios in the proposal.

2.7.1 Scenario 1 – Evaluate t he maximum level of the groundwater production that the water system can sustain on a seasona l and annual basis. Evaluate possible changes that would have to be made in system operations to achieve Basin Production Percentage (BPP) of 80%, 85% and 90%.

2.7.2 Scenario 2 - Evaluate well pump and PR Vs set points to balance usage factors across pressure zones. Establish a lead/lag recommendation for wells and PRVs in each pressure zone. Provide reco mmendation for SCADA improvements to assist in efficient operation of these zones.

Fullerton Water Master Plan Update

2.7.3 Scenario 3 – Evaluate syst em resiliency during outages, such as a pump station outage, when facilities could be out of serv ice for 7-10 days. Also, consider the system’s fire flow capabilities and compare against fire flow requirements. Identify vulnerable areas of the system and recommend improvements needed to ensure service reliability, such as: emergency generators, redundant sources, two-way feeds (looped transmission mains), etc.

2.7.4 Scenario 4 - Evaluate the water age in City’s System. Evaluation should only consider water age and not include any specific water quality modeling.

2.7.5 The Consultant shall conduct a wor kshop (4 hours) with the City to discuss the scenario analysis findings

Deliverables

The Consultant shall submit a Technical Memorandum to the City for review and comments describing the analysis and finding of the above scenarios. The Consultant shall finalize and resubmit the Technical Memorandum addressing the City’s comments.

The following shall be evaluated and documented as appropriate for each specific scenario.

 Identify areas of deficient flow or pressure and determine required pipe sizes and booster pumping capacity to transport peak demand flows through the system under each scenario conditions.
 Identify water reservoir storage requirements for operational (peak demand), emergency, and fire storage by hydraulic zone. Identify deficiencies in storage with recommendations for sizing, locations, etc.
 Identify deficiencies in booster pump and/or groundwater well capacity.  Identify and prioritize pipelines that should be replaced based on deficient flow or pressure. Identify additional or reconfigured piping (looped systems) for improvements in pressure, flow, or water quality.

Fullerton Water Master Plan Update

TASK 3.0 – ASSET MANAGEMENT PROGRAM

The primary objective of Task 3.0 is for the Consultant to evaluate the life expectancy of the City’s water infrastructure (treatment plants, pipelines, reservoirs, pump stations, pumps, motors, PRVs, valves, etc.) and to identify and prioritize the rehabilitation and replacement (R&R) plan. The facilities assessment will include identifying and documenting current facility condition and deficiencies (both above-ground/vertical facilities and pipelines), prioritization of water facilities replacement, and development of projects and cost estimates for asset rehabilitation and replacement. In prioritizing pipelines for replacement, the possibility of grouping them with other Public Works projects should be taken into account.

The City is currently using VODA.ai software to assist in prioritizing its water main replacement program. The VODA.ai software has the ability to analyze Likelihood of Failure (LoF) and Consequence of Failure (CoF), but the City has only used its LoF function to prioritize its water mains for replacement. The City prefers to continue utilizing the LoF identified by VODA.ai software in prioritizing its water main replacement program. The City will export the LoF of the pipeline into GIS and provide the data to the Consultant. Building on the LoF of the pipelines identified by VODA.ai software, the City would like the Consultant to develop a tool (software/spreadsheet) for risk-based prioritization for the City’s water main replacement program. The final product shall be easy to update and utilized by the City staff to conduct risk-based analyses in the future.

The Consultant may utilize VODA.ai software to assess the probability and consequence of failure of pipelines. To utilize the VODA.ai, the Consultant will need to enter into a separate nondisclosure agreement (NDA) with the vendor.

The following tasks shall be completed at a minimum to assess and prioritize water facilities for upgrade/replacement.

TASK 3.1 – Assessment and Prioritization of Above-ground/Vertical Assets

3.1.1 The Consultant shall review the Exce l database of the City’s aboveground water facilities inventory and update the database as needed.

3.1.2 The Consultant shall review the Ma in Plant Master Plan (prepared by Tetra Tech in 2021) and incorporate its findings in the prioritization of above- ground/vertical facilities. The Main Plant Master Plan assessed the conditions of the existing wells (five wells at the time), the forebay, the booster station, and the emergency generator at the site, and made recommendation for improvements.

3.1.3 The Consultant shall review the as -builts and visit the sites with City Water Operation staff and conduct a visual assessment of condition of City water facilities, including their structural, mechanical, and electrical conditions. Based on issues noted on the site visit, further evaluation of the facilities (e.g., seismic Fullerton Water Master Plan Update

evaluation) may be recommended.

3.1.4 The Consultant shall assess the ri sk of aboveground assets considering the LoF and CoF factors and determine the remaining useful life of the asset and prioritize them for rehabilitation and replacement.

3.1.5 The Consultant shall, with input fr om the Operations staff, identify all maintenance, repair and replacement requirements needed to increase energy efficiency and enhance operations.

3.1.6 The Consultant shall recommend upgr ades and improvements where applicable that will increase overall efficiency in a cost-effective manner.

3.1.7 The Consultant shall analyze the Time-Of-Use schedules for each site (wherever applicable) and recommend upgrades that would reduce energy charges.

3.1.8 The Consultant shall review an d discuss the findings of the emergency generators study and load bank testing recently conducted for the City.

3.1.9 The consultant shall analyze the potential for implementing renewable energy generation at the City’s water facility sites.

3.1.10 The Consultant shall conduct a workshop (4 hours) with the City’s Engineering and Operation staff to discuss the methodology for assessing the useful life of the above ground/vertical facilities and the recommended upgrades and improvements.

Deliverables
Deliverables for this section shall be included in the Task 4.0 Technical Memorandum

TASK 3.2 – Pipeline Replacement Prioritization

3.2.1 The Consultant shall evaluate the data provided by the City for use in the pipeline prioritization. The available data will include GIS water system infrastructure data, main break data, GIS base map data, GIS zoning and general plan data, an export of the existing hydraulic model, the LoF of the existing pipelines identified by the VODA.ai software (to be provided in GIS), and previous prioritization spreadsheet.

3.2.2 The Consultant shall review the proc edures and factors that the City is currently using to prioritize its pipeline replacements program including grouping them with other Public Works projects. The Consultant shall discuss these procedures and factors with the City staff and incorporate the results in its recommendations for pipeline replacement prioritization.

3.2.3 The Consultant shall propose a methodology for assessing and prioritizing pipelines for replacement (based on LoF and CoF factors or other means) for discussions with the City’s staff in workshops as discussed below.

Fullerton Water Master Plan Update

3.2.4 The Consultant shall conduct two workshop (4 hours/each) with the City’s Engineering and Operations staff to review and discuss the available data, the City’s current pipeline replacement prioritization approach, and the Consultant’s proposed approach for assessing and prioritizing pipelines for replacement.

TASK 3.3 – Pipeline Prioritization Tool

Based on the results of the workshops conducted in Task 3.2, the Consultant shall develop a tool (software/spreadsheet) for prioritizing the City’s pipeline replacement program. The final product shall be a user-friendly tool so that the City staff can easily update it and use it to analyze various pipeline prioritization scenarios.

The Consultant shall provide training (one 4-hour session) to City staff on how to update and utilize the tool to analyze various risk profiles.

Deliverables
 Draft results of the Pipeline Prioritization Tool.
 Pipeline Prioritization Tool (software/spreadsheet) that City staff can utilize for future CIP scenarios

TASK 3.4 – Pipeline R&R Rate Analysis

Consultant shall:

3.4.1 Identify projected planning level life spans of different pipe types installed in the City’s distribution system. This research will include planning level minimum, maximum, and average life spans for each pipe type. Review of the City’s current life span and/or remaining life calculations based on pipe age, material, and main break history. Recommend the type of pipe material for the pipes recommended to be replaced.

3.4.2 Review of statistics for the City’s pas t 5 years of distribution system R&R CIPs.

These statistics will include length of pipe replaced, type of pipe replaced, size of pipe replaced, size of installed pipe, and the monetary value of this replacement.

3.4.3 Estimate a replacement cost of each installed linear asset using planning level $/ft estimates.

3.4.4 Utilize the City’s existing water syst em GIS databases (pipe type, pipe age), expected minimum/average/maximum pipe lifespan estimates and an agreed upon $/ft replacement value for each size of pipe and location (residential/arterial) as well as installation methods (trenchless/traditional) to estimate the value of expected pipe replacement needs for each year over the next 50-year period. Discussions will be conducted with City staff to identify how linear assets with unknown installation dates will be handled (for previous analyses, 1935 has historically been assigned to pipes with unknown age).

Fullerton Water Master Plan Update

Deliverables
 Linear Asset R&R Rate Analysis (to be included in Technical Memorandum per Task 4.0)

Fullerton Water Master Plan Update

TASK 4.0 – CAPITAL IMPROVEMENT PROGRAM

The Consultant shall develop a 5-year (short-term) and a 20-year (long-term) capital improvement plan (CIP) based on the results of the existing and future system hydraulic analyses to address hydraulic deficiencies (Task 2) and the risk-based asset management analysis to determine the need for replacing/rehabilitating aging water system facilities and pipelines (Task 3).

The Consultant shall provide recommendations for improvements to the water distribution system, groundwater wells, imported water connections, pump stations, storage facilities, and treatment facilities, considering cost effectiveness for capital

improvements and minimizing annual operation and maintenance costs.

The Consultant shall analyze and recommend innovative technologies, installation methods (e.g., trenchless), and materials that can be incorporated with the recommended improvements.

TASK 4.1 – Prioritize and Rank CIP Projects

 Based on the analysis in Task 2.0, the C onsultant shall identify and prioritize improvements required to correct existing system capacity and operational deficiencies, improvements required to support future growth, meet water quality and regulatory requirements, and maintain system reliability.  Based on the analysis in Task 3.0, the C onsultant shall determine the need for replacing/upgrading the City’ aging water infrastructure including pipelines, groundwater wells, pump stations, reservoirs, pumps, motors, PRVs, valves, generators, electrical equipment, etc. and recommend a list of prioritized projects for replacement.
 The Consultant shall rank the CIP projects recommended above, discuss initiation trigger, and provide anticipated construction time.

TASK 4.2 – Develop Cost Estimate

The Consultant shall develop planning level cost estimates for each CIP project recommended in Tasks 4.1 including design, construction, construction management, administrative/legal, and other contingencies.

Deliverables

The Consultant shall submit a draft Technical Memorandum to the City for review and comment including the following items:

 Describe capacity-related prioritization cr iteria and identify the criteria for each CIP Project.

Fullerton Water Master Plan Update

 Describe asset management prioritization criteria and identify the criteria for each CIP Project.
 List CIP Projects triggers.
 Provide a list of recommended pipe segmen ts for replacement, installation, or abandonment, including location description, length, proposed size, and cost estimate. Describe the purpose of the replacement, installation, or abandonment and the improvements they would provide.
 Recommend CIP Projects that in clude new improvements, repairs/ rehabilitation/replacement efforts, or other upgrades, for the following water system facilities and its components:
a. Groundwater wells
b. Booster pumping stations and pressure reducing valves c. Storage tanks
d. Import water connections
e. Treatment plant(s)
f. Emergency electrical generators
g. Renewable energy opportunities
h. Other system improvements (e.g., electrical equipment, SCADA, metering program, reconnect services to newer main, interconnections). i. New water supply/resource projects , including conservation programs  The planning level cost estimates fo r each CIP project, including design, construction, construction management, administrative/legal, and other contingencies.
 Discuss the recommended innovative tec hnologies, installation methods, and materials that can be incorporated with the recommended improvements.  Discuss the needed policy changes to effectively implement projects.  Coordinate proposed water capital im provement projects with other proposed capital improvement projects to be implemented within the City.

The Consultant shall conduct two workshops (4 hours each) with the City staff and two workshops (2 hours/each) with the City’s Infrastructure and Natural Resources Advisory Committee to discuss the draft Technical Memorandum. The Consultant shall finalize and resubmit the Technical Memorandum addressing the City’s comments (written and verbal comments provided prior and during the workshops).

Fullerton Water Master Plan Update

TASK 5.0 – PREPARATION OF WATER MASTER PLAN UPDATE DOCUMENTS

The Consultant shall prepare a Final WMP Update Report that summarizes the results of all Tasks in a logical manner and incorporates the completed technical memoranda into chapters of the Report. The Final Report shall include an executive summary and all appropriate exhibits, figures, tables, and text. Before delivering the items to the City, the Consultant shall perform routine and final review to ensure accuracy, conformance, and integrity of the submittal. The City will not accept a submittal without the Consultant’s responsible personnel’s signature to certify accuracy and completeness of the submittal.

TASK 5.1 – Draft WMP Update Report

Consultant shall prepare a draft WMP Update document to City for review and comment. The WMP Update Report shall include a CIP List.

Deliverables

The Consultant shall deliver an electronic copy of the draft WMP Update (in Word and PDF) for the City’s review. The Consultant shall conduct a meeting (4 hours) with City staff to present and discuss the recommendations.

The Consultant shall incorporate the City’s comments (both the written and verbal comments provided before and during the review meeting) and resubmit a final draft for the City’s review.

TASK 5.2 – Final WMP Update Report

The Consultant shall prepare the Final WMP Update documents addressing City’s comments to the draft WMP Update.

Deliverables

Consultant shall deliver the Final WMP Update as follows:
 Five (5) signed hard copies
 An electronic pdf version
 Original electronic files (Word, Excel, etc.) for each complete document along with GIS/AutoCAD/other files for exhibits.
 InfoWater Pro configuration, input and ex port files, and any other files needed to successfully run the model
 Asset management tool (software/sp readsheet) and any files needed to successfully utilize the tool.

Fullerton Water Master Plan Update

TASK 6.0 – WATER RATE STUDY

OBJECTIVES

 Develop a multi-year (5-year and 10- year) financial management plan for the Water utility that projects revenue, operation and maintenance costs, capital improvement costs, groundwater and imported water costs, reserve funding, and debt services cost.
 Develop a cost-of-service analysis that fairly and equitably allocates costs to customer classes while adequately funding revenue requirements including operations and maintenance, capital improvements, and debt services.  Identify future rate adjustments to wate r rates that will ensure adequate revenues to meet the Water utility’s ongoing financial requirements.  Determine the cost of providing wate r service to customers using industry accepted methodologies such as AWWA Manual M1: Principles of Water Rates, Fees, and Charges.
 Recommend specific rate structures t hat equitably recover the cost of service while minimizing the financial impact to ratepayers and meeting Proposition 218 and other legal requirements. Rate structure recommendations should consider current and future operations and maintenance costs, projected demands, water supply, and capital improvement requirements.

BACKGROUND

The City’s last Water Rate Study was completed in 2019. During the process, City staff worked with a Rate Study Ad Hoc Committee to evaluate multiple alternative Capital Improvement Program (CIP) project schedules spanning the period from fiscal year (FY) 2019 through FY 2028. These CIP alternatives were evaluated with the goal of balancing the need to address critical infrastructure deficiencies while minimizing water rate increases. The final recommended CIP totaled approximately $127 million (in 2019 dollars) over the period of FY 2019 through FY 2028. This CIP includes a ramp-up in spending on water main replacement, reaching the goal of replacing approximately nine miles per year by FY 2024. A pace of nine miles of pipeline replacement per year would result in replacing the entire distribution system over the course of approximately 50 years.

SCOPE OF WORK

The City requests a proposal for the preparation of a Water Rate Study which shall include, but are not limited to, the following tasks 6.1 through 6.7. The proposal shall include all services that can be reasonably expected for developing a five-year rate schedule for water services, conducting community outreach, preparing and participation in community meetings, and Proposition 218 protest hearings, and Fullerton Water Master Plan Update

presentations to City Council. Proposers should include any recommended additional tasks they believe are required to meet the City’ objectives and the reasoning behind such an approach.

Task 6.1 Review Background Information

The Consultant shall review key background information for the water system, including but not limited to:
 Regulatory requirement, bond covenants, and other contractual requirements and operations.
 Historical revenues, operating expenses, debt service requirements, reserve policies, billing and collection procedure, approved rates and charges, customer information, and usage data.
 Sources of supply, current system facilities, and the proposed CIP.  The water utility’s projected revenues, operating expenses, debt services, and other funding requirements.

Task 6.2 Revenue Sufficiency Analysis (RSA)

The Consultant shall develop a 5-year and a 10-year financial forecasting model for the Water utility to determine the level of annual rate revenue required to satisfy projected annual operating costs, debt service expenses, and capital cost requirements while maintaining adequate reserves.

The Consultant shall evaluate the sufficiency of the water utility’s rate revenues to meet its current and projected financial requirements over a 10-year projection period and determine the level of rate revenue adjustments necessary over the next five years to provide sufficient revenues to fund cost requirements.

The Consultant shall review the input data and key assumptions with City staff and a Rate Study Ad Hoc Committee during the RSA and consider the alternative capital spending scenarios (which are proposed to address the frequency of water main breaks and conditions of the City’s well, pump stations, and reservoirs) in the revenue analysis.

Task 6.3 Cost-of-Service Analysis (COSA)

Using the revenue requirements from the RSA, the Consultant shall perform a detailed COSA based upon principles outlined by the AWWA and other generally accepted industry practices in order to determine the proper distribution of costs and corresponding revenue requirements. The purpose of a COSA is to determine the cost of providing water services so that the revenue requirements of the utility may be equitably collected through rates. The Consultant shall use the methods given in AWWA’s Manual M1: Principles of Water Rates, Fees, and Charges for the water system. The COSA shall include:

Fullerton Water Master Plan Update

 Allocate costs to the appr opriate activities/functions  Allocate the costs of each func tion to specific system parameters  Calculate unit costs
 Credit non-rate revenue

Task 6.4 Rate Structure Analysis and Design

The Consultant shall develop specific rate schedules to recover the identified level of required rate revenue from the appropriate customers. The rate schedules shall be designed to:
 Fairly and equitably recover costs through rates
 Conform to accepted industry practice and legal requirements  Provide fiscal stability and recove ry of fixed costs of the system

Task 6.5 Recommend Changes to the Existing Water Rate Structure

The Consultant shall recommend changes to the current rate structure that is needed to meet capital improvements, operating requirements, regulatory obligations, and reserve funding levels. Rate structure recommendations should consider current and future operations and maintenance costs, projected demands, water supply, and capital improvement requirements.

TASK 6.6 Presentations

The rate structure shall be in compliance with the Proposition 218 process as it applies to water services. Consultant shall include, as an optional task, the preparation and completion of the Proposition 218 process public relation (PR) materials as a service to the City. It is the intent of the City to complete and adopt, if at all, the water rates at the conclusion of the Proposition 218 process at a public hearing.

The Consultant shall present information at workshop meetings (8 workshops at 2 hours/each) with City staff and the Ad Hoc Committee.

The Consultant shall provide training (one session at 4 hours) to City staff on how to run the financial model.

Upon completion of the draft report, the Consultant shall be prepared to present the Study to the City Council and residents in public formats. The Consultant shall be prepared to attend City Council meetings (3 meetings at estimated 4 hours/each) to present the results of the rate study report.

Fullerton Water Master Plan Update

TASK 6.7 Draft and Final Water Rate Study Report

The Consultant shall prepare draft and final reports that summarize the results and recommendations of the study and serve as a document of record in compliance with Proposition 218. Draft and final Deliverables shall be made available in Word, Excel, and PDF file formats. Word and Excel formats shall be editable by City Staff.

Deliverables

The Consultant shall deliver an electronic copy of the draft Water Rate Study (in Word, Excel, and PDF formats as appropriate) for the City’s review. The Consultant shall conduct a meeting with City staff to present and discuss the recommendations.

The Consultant shall incorporate the City’s comments of the draft report and deliver the Final Water Rate Study Report as follows:

 Five (5) signed hard copies
 An electronic pdf version
 Original electronic files (Word or Excel) for each complete document.

The Consultant shall provide a user-friendly model prepared in Microsoft Excel reflecting the rate design proposed, such that City staff can track actual results against the predicted results from the Study. Include key modeling instructions. Set up the model to facilitate the ease of use, including formatting table for printing, highlighting policy inputs, color-coded cells where applicable, and protect the cells that should not be altered.

Fullerton Water Master Plan Update

SERVICE DATES

The Water Master Plan Update is estimated to be completed in twelve (12) months and the Water Rate Study in six (6) months following the completion of the WMP Update.

The Proposal shall include a proposed work schedule to indicate duration and completion dates along with any projec t milestone and/or deliverables needed to complete the project on time.

The Proposal shall also include an estimate on the amount of time to be spent with City staff.

The Consultant shall include, in a separate sealed envelope, its estimated cost per task and the total cost, including the estimated hours assigned to each employee, employee title, and hourly billing rate. The estimated cost shall be provided separately for both the Water Master Plan Update and the Water Rate Study.

31 SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL

EXHIBIT B

SCOPE OF WORK FOR ON-CALL SERVICES

Water Master Plan On-Call Services

Exhibit B
Water Master Plan On-Call Services
Scope of Work

Upon successful completion of the WMP U pdate and Water Rate Study (WMP & WRS, or Project), the City may request the selected Consultant to provide the following on-call, as needed services. The following list of on-call services is intended to describe the typical services that the Consultant may be requested to provide. The type and detail of required services/tasks together with the anticipated deliverables will be specified by the City on an as needed basis.

As the need for specific services/tasks arises , the City will request the Consultant to submit a proposal describi ng an understanding of the scope of the services, proposed schedule, deliverables, and the estimated cost for providing such services. In its proposal, the Consultant shall provide the estimated hours and hourly rates for the various positions that may be assigned to provi de the specific services. Hourly rates should include full compensation for all overhead and profit.

The City may award individual task orders based on the Consultant’s proposed fee for performing the specific task(s). Upon written task order authorizati on from the City, the Consultant shall proceed with performing the approved task(s).

For each authorized task(s), the Consultant shall submit a draft Technical Memorandum to the City for review and comments summa rizing efforts under the task(s) and highlighting any issues or corrective actions. The Consultant shall finalize and resubmit the Technical Memorandum addressing the City’s comments.

The on-call services under this task may include, but not limited, to:

1. Attend a kick-off meeting with the City staff to est ablish appropriate contacts, review the Consultant’s plans for implementing the work, and reaffirm proposed scope of work and schedules for completion of the work.

2. Provide a project schedul e, organized by task, wit h milestone of deliverables clearly identified.

3. Submit a project status report to the City and invoice as needed with a maximum of one per month to provi de an accurate accounting of work performed by the Consultant, work progress, and budget status. Invoices shall be accompanied by budget summary spreadsheet that provides a Task-by-Task breakdown of project billing.

4. Prepare all agenda and material, att end, and prepare meeting notes for the meetings/workshops. The required meetin gs/workshops will be specified under each task.

Water Master Plan On-Call Services

5. Review the progress in collecting data to fill the data gaps and improve the data quality. Recommend further efforts needed to improve data collection, as needed.

6. Review the latest improvements (p ipelines, pumps, pump stations, tanks, treatment facilities, and wells) and operatio nal data and incorporate them in the hydraulic model.

7. Update the water demand projection in the hydraulic model and, if a substantial change in demand is expected, reassign the average day demand and maximum day demand to the appropriate model nodes.

8. Update pump curves and control setti ngs and valve control settings in the hydraulic model if and when new data becomes available.

9. Recalibrate the hydraulic model by c onducting fire flow tests and pressure gauge readings throughout the City.

10. Review the demand and supply analysis reports (such as water supply assessments) for the new developments and, if the demand is substantial, assign the new demand to the appr opriate node(s) and run the hydraulic model to determine whether the system is adequate to supply the addition demand. If deficiency in the system is identifi ed, recommend the system improvements needed to address those deficiencies.

11. Evaluate the water system under average day demand (ADD), maximum day demand plus fire flows (MDD), peak hour demand (PHD), and extended period simulation (EPS) conditions.

12. Analyze the City’s wells, reservoirs, and booster pump stations to determine if they are adequate to meet t he City’s facility sizing cr iteria and to determine storage required for operati onal, emergency, and fire flow conditions. These efforts may include, but not be limited, to:
a. Identify areas of defici ent flow or pressure and determine required pipe sizes and booster pumping capacity to transport peak demand flows including fire flows for the planning horizon.
b. Identify current water reservoir st orage requirements for operational (peak demand), emergency, and fire storage by hydraulic zone. c. Identify deficiencies in storage with recommendations for sizing, locations, etc.
d. Identify deficiencies in booster pump capacity.
e. Identify additional or re configured piping (looped systems) for improvements in water quality.
f. Identify and prioritize pipelines that should be replaced based on insufficient fire flow and/or flow pressure.
g. Determine the adequacy of the PRVs based on fire flow and deficient flow pressure.
h. Develop recommendations for repl acing aging wells in the system and Water Master Plan On-Call Services

verify/recommend locations of new production wells and transmission mains.

32 SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL

EXHIBIT C

LIST OF AVAILABLE REPORTS AND DATA

Fullerton Water Master Plan Update

Exhibit C

Available Reports, Documents, and Data

1. The 1997 Water Master Plan Update

2. The 2019 Water Rate Study

3. The 2020 Urban Water Management Plan
https://www.cityoffullerton.com/government/departments/public-works/water-system/urban- water-management-plan?locale=en

4. The City of Fullerton General Plan
https://www.cityoffullerton.com/government/departments/community-and-economic- development/planning-zoning/general-plan/the-fullerton-plan

5. Existing Innovyze InfoWater Hydraulic Model

6. The 2013 Hydraulic Model Development Peer Review (2013)

7. The 2012 Water Model Build Summary Report (2012)

8. GIS Water System Database (including pipes, wells, tanks, valves (system, regulating, control) hydrants, turnouts, emergency connections, meters, critical facilities)

9. GIS Land Use Database and GIS Base map

10. SCADA Data – nots sure what is currently available?

11. Digital Elevation Model and Contours

12. VODA.ai - GIS data export and access to application

13. Utility Billing Data

14. Production Data – monthly and annual pumped / imported

15. Pumps Data - pump tests, pump curves, plate photos, etc.

16. Facilities Data Sheet

17. Main Plant Master Plan

18. Water Facilities Generator Study

19. Orange County Water District PFAS Treatment Systems Planning Study – Producer Report City of Fullerton

20. SCADA Master Plan

Fullerton Water Master Plan Update

21. Risk and Resilience Assessment

22. Energy Demand Response Program Agreement

23. Electrical Data

24. SWRCB Permits

25. MWD Residential Demand Study

26. Water quality data
City of Fullerton
Purchasing Division
303 W. Commonwealth Ave, 3rd Floor, Full
erton, CA 92832
Tel: (714) 738-6533
www.cityoffullerton.com
Addendum No. 1
RFP #4375 Questions and Answers
1). There are a total of 10 workshops requested (2 for the WMP and 8 for the WRS). Does the City anticipate these workshops to be in person, or virtual?
A: The workshops listed in Section 1.2.1 of the Scope of Work are anticipated to be in person. A total of 20 workshops is requested, 10 workshops with staff (4 hours each) and 10 workshops with the City's Ad Hoc Committee (2 hours each). The monthly meetings may be conducted virtually at the City's discretion. 2). For the 3 City Council meetings requested, are these in person meetings or virtual meetings? A: The City Council meetings are anticipated to be in person meetings. 3). Is there a total budget established for this project? A: Yes. $700K for Water Master Plan and $200K for Water Rate Study. 4). Is software purchase or license included in the budget? A: No. The cost of the InfoWater Pro software is not included in the project budget. The City has allocated a separate budget for purchasing the software for its own use. 5). Can the available reports, documents and data be made available during the proposal stage? A: No. The reports and data will be made available to the successful consultant after executing the professional services agreement.
6). Has there been any asset management analyses performed previously? If so, would they be made available for the proposal?
A: The City has been using VODA software to analyze only the Likelihood of Failure of its water mains. The Consequence of Failure of the pipes has NOT been analyzed. The VODA output will be available to the successful consultant.
7). Does the City intend to continue to use VODA, ie software? A: The City would like to cont
inue using VODA software, but it is open to consider other software recommended by the consultant.
8). Planning Horizon for the CIP states as 20 years. However the R&R Analysis calls for a 50 year plan. Please clarify.

A: The City's current plan is to replace its entire distribution water mains in 50 years. The Water Master Plan will identify the water mains that will need to be replaced (both due to hydraulic deficiencies and risk-based failure analysis) within the 20-year master planning horizon. The remaining water mains will need to be prioritized for replacement within the subsequent 30 years based on the risk-based analysis.

Addendum No. 1 - Continued
RFP #4375 Questions and Answers
City of Fullerton
Purchasing Division
303 W. Commonwealth Ave, 3rd Floor, Fullerton, CA
92832
Tel: (714) 738-6533
www.cityoffullerton.com
9). InfoWater Hydraulic Model – was there an update to the model after the 2012 model build? A: Some minor updates were made on the InfoWater hydraulic model following the 2012 update. The City would like the consultant to create a new hydraulic model using the InfoWater Pro and the City updated GIS data.
10). GIS – when was the last update to the City’s GIS. If there is continuous update, how comple te is the GIS, ie; are all new projects in GIS since the 2015 hydraulic model update? A: The City's GIS has been continually updated. Some re cently constructed facilities will need to be
incorporated in the GIS. The City currently uses GIS Pro software .
11). SCADA Data – when was the SCADA Master Plan Completed? A: The SCADA Master Plan is curre
ntly being finalized and is expected to be completed by the end of summer.
12). Is the distribution system manually operated or automated through SCADA? A: The distribution system operation is automated through SCADA. 13). SCADA Data – what
facilities are equipped with SCADA?
A: All the City's wells,
pump stations, reservoirs, MWD connections, and the PFAS treatment facility are connected to SCADA.
14). Will the City provide all necessary pressure gauges a nd hydrant flow devices for hydrant testing?
A: No. The consultant shall provide all the equipment necessary for conducting the fire flow tests. The City staff will witness the tests.

END OF ADDENDUM No. 1