SCWA_North_Service_Area_Pipeline_Phase_B_and_Terminal_Tank_Preliminary_Design_Report_RFP.pdf

Community Services Agency Sacramento County Water Agency

Request for Proposal

Sacramento County Water Agency North Service Area Pipeline Phase B and Terminal Tank

Preliminary Design Report

RFP publish date: December 30, 2024

Closing date for questions: February 13, 2025 at 4pm

Proposals due date: February 27, 2025 at 2pm

Table of Contents 1 Introduction

1.1 Purpose of RFP

1.2 Background

1.3 Scope of work

2 General Rules

2.1 RFP overview

2.2 Estimated timeline and extension of time

2.3 Proposal format and content

2.4 Proposal submission

2.5 Questions and communication

2.6 Addenda

2.7 Agency’s right to withdraw, cancel, suspend and/or modify RFP

2.8 Proposer’s right to edit or cancel proposal

2.9 Proposals will not be returned

2.10 Public disclosure of proposal documents

2.11 Proposer’s costs

2.12 Proposer’s ideas

2.13 Collusion

2.14 Conflict of interest

3 Evaluation and Selection

3.1 Proposal evaluation and recommendation for selection

3.2 Evaluation of responsiveness

3.3 Evaluation of responsibility

3.4 Evaluation panel and evaluation criteria

3.5 Interviews

3.6 Execution of contract

4 Attachments

Attachment A – NSA Infrastructure Map

Attachment B – NSA Terminal Tank Site Preliminary Layout

Attachment C – Preliminary Pipeline Alignment

Attachment D – NSA Terminal Tank Site Layout with Topography

Attachment E – Sample Agreement

1 Introduction

1.1 Purpose of RFP

The Sacramento County Water Agency (“Agency”), is soliciting proposals from engineering firms (Consultants) to provide professional services to develop the Phase B North Service Area (NSA) Pipeline and Terminal Tank Preliminary Design Report (PDR).

1.2 Background

This section describes the SCWA water system and the need for the NSA pipeline.

SCWA was formed in 1952 by a special legislative act of the State of California. The purposes of SCWA are carried out through benefit zones. Zone 40 was created in 1985 to acquire funding and construct facilities for the production and distribution of groundwater and surface water for the beneficial use of the inhabitants within the zone.

Zone 40 does not own, operate, nor maintain assets; it merely facilitates the construction of water supply facilities and acquires surface water contracts.

Zone 40 is located in the central geographical area of Sacramento County. A map of Zone 40 can be seen below.

Zone 40 Water Supply Master Plan The Water Supply Master Plan (WSMP) is a policy-driven document and requires approval by the SCWA Board of Directors. The WSMP was originally adopted by the Board of Directors in 1987 and was updated in 2005. The 2005 Zone 40 WSMP is an important policy document for SCWA. It presents a preferred alternative for a conjunctive use program to meet future water demands in Zone 40 through build-out as well as a financing program for the construction of infrastructure for the preferred alternative. The SCWA Board of Directors has adopted several amendments to the WSMP to address new development areas. Relevant changes to the infrastructure required at buildout can be found in the Water System Infrastructure plan described below A copy of the 2005 WSMP can be downloaded from:

http://www.waterresources.saccounty.net/Zone%2040/Z40_WSMP.pdf.

Water System Infrastructure Plan The 2016 Water System Infrastructure Plan (WSIP) revised and updated the build-out facility requirements and phasing for the Zone 40 water distribution system.

Additionally, it analyzed Zone 40 by three service areas, North Service Area (NSA), Central Service Area (CSA), and South Service Area (SSA). This information is the most current approved document available for demands, water use, and infrastructure required for development. The updated WSIP will be intended for guidance of SCWA staff and will not require approval by the SCWA Board of Directors. The 2016 WSIP includes the following changed conditions:

• New growth areas, including:

o Cordova Hills (approved and incorporated into 2010 General Plan) o New Bridge o Jackson Township o West Jackson within Zone 40 (pending approval)

• Water demand reduction due to demand management (meter installation, water efficient appliances, etc.)

• Vineyard Surface Water Treatment Plant (VSWTP) which came online in 2011

• NSA Phase A Pipeline

• Significant slowing of development compared to previous assumptions

A copy of the SCWA 2016 WSIP can be downloaded from:

http://www.waterresources.saccounty.net/Zone%2040/WSIP%202016%20Final%20 Report%20Website.pdf.

North Service Area The NSA is located south of the American River and includes part of the City of Rancho Cordova. The NSA is currently supplied by a combination of groundwater and surface water from the Mather Well Field, Excelsior Well Field, and the Vineyard Surface Water Treatment Plant (VSWTP) via the Phase A NSA pipeline. This service area includes the old Mather and Sunrise Corridor systems, as well as the newer Sunridge system.

Groundwater production in NSA has been impacted by contamination from the Aerojet plume, and therefore it relies largely on surface water from VSWTP as well as a small amount from the Mather Field wells. There are two pressure zones in the NSA, which this facility will need to have the ability to serve each separately.

Currently the NSA is connected to the VSWTP by the Phase A NSA pipeline which includes a 66 inch pipe in Florin Road that connects to a 30 inch line that follows http://www.waterresources.saccounty.net/Zone%2040/Z40_WSMP.pdf http://about:blank/ http://about:blank/

Excelsior to Sunrise where it connects to the Anatolia Groundwater Treatment Plant.

The 30 inch pipeline also connects to the wells in the Excelsior well field and has the ability to carry groundwater if surface water is not available. The second planned connection between VSWTP and the NSA will be the Phase B NSA pipeline which will extend the 66 inch pipe in Florin Road to Eagles Nest, then North as a 54 inch past Kiefer Road, carrying treated surface water to the future NSA Terminal Tank which will be located South of Douglas Road west of the Folsom South Canal. See Attachment A for a map showing the existing and future facilities in the NSA.

1.3 Scope of work

The Agency plans to hire a qualified firm to perform preliminary design work services (PDR) associated with the Agency’s proposed NSA Phase B pipeline, and Terminal Tank and Booster project (Project). The Project is important for SCWA as it will serve as the main transmission main carrying surface water to customers in the NSA. The timing for the construction of the Project is dependent upon growth in the NSA, but an important consideration is redundancy for the rapidly growing NSA.

o The selected consultant shall perform the following functions: Working with SCWA Water Supply Planning Staff, evaluate the timing of the Project in consideration of the capacity of the current system, storage requirements, as well as the need for redundancy.

o Working with SCWA Water Supply Planning Staff, evaluate existing NSA Phase B pipe size as well as storage size that was developed in the 2016 WSIP. Current estimates are a pipe diameter of 54 inches and 10 million gallons (MG) of storage at the NSA Terminal Tank site. Given changes in water demands, conservation, and growth patterns, a range of possible pipe sizes and storage volumes may need to be modified.

o Provide Geotechnical Services for tank site and preferred pipeline alignment. At a minimum, SCWA recommends a minimum of 4 exploratory borings at the Tank site, at each trenchless crossing, as well as 1 along each segment of pipeline, or every 1500 lf of pipe.

o Provide technical studies to support preparation of appropriate documentation under the California Environmental Quality Act (CEQA). Technical studies may include, but not limited to, a biological resources report, cultural resources report, wetland delineation, and arborist report. Coordinate with the Department of Community Development, Division of Planning and Environmental Review (PER) to review prior, relevant CEQA documents as appropriate, including the prior Mitigated Negative Declaration (Control Number 2007-70373), and the Environmental Impact Report (EIR) for the Mather South Specific Plan area The PDR shall address any potential environmental issues found during the coordination work with PER.

o Provide a preferred pipeline alignment taking potential issues (wetlands, utility conflicts, easement availability, etc.) into account (See Attachment C – Preliminary Pipeline Alignment). Provide updated layout for Terminal Tank Site (see Attachment B for Preliminary layout) considering tank volumes, pump sizes, pump station design, and pipe configuration including details of influent and effluent designs into and out of the terminal tanks and pump stations, all within the given site constraints (See Attachment D – Site Layout with Topography).

o Provide survey information (topography) along the site pipeline as well as the terminal tank site.

o Provide a Right of Way analysis along the pipeline alignment North of Jackson Highway. SCWA previously performed an analysis of ROW for Eagles Nest between Florin Rd, and Jackson Highway.

o Provide design recommendations for pipes exiting Terminal Tank Site including recommendation on Folsom South Canal crossing.

o Provide updated cost estimate for Project including environmental, right of way, design and construction. Include a range of costs for the range of pipe sizes and storage volumes.

o Provide an estimate of the Project timeline for PDR process including Planning, Design Workshops, and Design Report Presentation.

o Provide a summary of any issues or impediments not previously identified with the Project.

o Provide analysis of the existing NSA pumps and hydronumatic tanks. Provide report of findings regarding sizing of pumps, and determine if upgrades are needed for the pump system as a whole.

o Analyze and update preliminary design criteria previously developed o T-Main – Approximately 7 miles total (based on original pipeline sizes) o 10,500 feet of 66-inch o 20,000 to 24,000 feet of 54-inch o 0-12,000 feet of 48-inch o 400-700 feet of 42-inch (Booster Station Discharge to Existing

Douglas Road T-Main) o MATERIAL:

o Buried – Mortar lined and coated steel, concrete cylinder pipe, and/or ductile iron pipe (DIP) o Exposed – likely epoxy coated steel, mortar or epoxy lined o Utility Crossings for effluent pipe to connect to existing Terminal

Booster Station o Tank and Booster Station o Two Water Storage Tanks o Minimum Capacity – 2.5 MG each o Current Design Capacity– 5.0 MG Each o Booster Pump Station, 35 MGD Ultimate Capacity o Operations and Chemical Building including Sodium Hypochlorite and Fluoride o Emergency Generator for Back-up power o Surge Control System (Effluent from Terminal Station booster pumps) o Site Improvements – perimeter fence/wall, site lighting, landscaping, primary and secondary driveway access, security system, paving, drainage, sewer, power, etc.

Project Schedule

Activity Date* RFP Due February 27, 2025 Consultant Selection Made March 11, 2025 Consultant Contract Approved by Board May 20, 2025 Kick-off Meeting VSWTP May 27, 2025 Preliminary Design Presentation January 29, 2026

*Dates Estimated - Subject to change.

Consultant shall attend/lead meetings and workshops associated with the project preliminary design report process. The table below identifies estimated meeting requirements for this project. These minimum requirements may be used for the purpose of establishing schedule and cost information for your proposal. Please note in your proposal any recommended changes or additions to this list.

Type / Purpose No. of Meetings* Estimated Meeting

Duration* Kick Off Meeting 1 4 hours Planning Department Workshop 2 4 hours each Preliminary Design Workshops 3 4 hours each Draft Preliminary Design Presentation

1 3 hours

*Subject to change.

2 General Rules

2.1 RFP overview

This Request for Proposals (“RFP”) is an invitation for Proposers to submit a proposal to the Agency. This RFP does not commit the Agency to award a contract to any respondent/proposer. Submission of a proposal shall neither obligate nor entitle a Proposer to enter into a contract with the Agency.

2.2 Estimated timeline and extension of time

Please refer to the OpenGov Procurement project page for information on timelines.

These dates are subject to revision or cancellation by the Agency in its sole and absolute discretion.

2.3 Proposal format and content

When submitting a proposal, Proposers must follow the format and contents detailed below. Failure to do so will likely prolong the evaluation process and could result in a proposal not being considered.

The RFP shall contain the following sections:

Table 1. RFP Contents

Section Contents Cover Letter Transmittal

A Project overview B Project approach C Related experience D Consultant team E Anticipated Schedule (optional) F Conflicts of interest G Propriety information H Insurance I Staff estimate and rates for proposed team members J References K Solicitation of sub-consultants, subcontractors, other service providers and suppliers L Employment Practices M Exceptions to Contract Terms and Conditions

A. Project overview Provide a narrative description of how Consultant and individual team members can create the requested work products and answer the identified questions. The Contract will be Task Order-based with a not to exceed amount over a defined period. DWR will assess your understanding of all aspects of the project based on the overview.

B. Project approach Provide a general description of your proposed approach towards the successful and timely completion of the project. Identify any and all proposed changes to the task items that are included in the Scope of Work section of this RFQ/RFP. Identify critical issues or potential problems and discuss how your firm will address them. Include a description of all work that will be subcontracted to others. Include your expectations of work to be performed by Agency staff. Summarize your anticipated level of effort for identified milestones and/or major tasks. The level of effort can be presented in terms of estimated number of hours or by percentage of time for each of your primary project team members. Please do not include cost information in this section of the proposal.

C. Related experience Provide 2-page (maximum) summary describing the experience of the team in implementing similar water supply analyses in the Sacramento region.

The description should include the year(s) during which the work was performed, the firm's role and the proposed team member’s role in the project.

D. Consultant team The proposed consultant team shall be identified including project manager, and project engineer. Key tasks and the associated personnel shall be identified. The percentage of time devoted to this project for these key personnel shall be stated and guaranteed. A consultant team organization diagram shall be included. Anticipated schedule of service. Provide the firm’s ability to commit adequate resources for performing the subject and successfully completing the project in a timely manner.

E. Conflicts of interest Firms submitting proposals in response to this RFP must disclose to DWR any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to the firm, management, or employees of the firm or other persons relative to the services to be provided under the Agreement for engineering services to be awarded pursuant to this RFP. If a firm has no conflicts of interest, a statement to that effect shall be included in the Proposal.

F. Proprietary information The Consultant submitting proposals to this RFP must provide a statement that nothing contained in the submittal proposal will be proprietary.

G. Insurance Provide a summary of the firm's (and subcontractor's) present and proposed insurance coverage, including public liability, property damage, worker's compensation, automobile, and professional liability for the duration of the project. Minimums must meet DWR criteria as shown in Attachment B of the attached sample agreement.

H. Staff estimates and rates for proposed team members Provide staff estimates and 2024-2025 rates for project management and day to day support services. Provide sufficient information to permit SCWA to determine the key personnel and the number of management, engineering, technical, drafting and support personnel envisioned.

I. References Provide a minimum of three contacts for which your firm and consultant team members have provided similar services. The name, address and telephone number of the owner’s representative shall be provided.

J. Solicitation of subconsultants, subcontractors, other service providers and suppliers

If the prime consultant intends to solicit subproposals and/or quotes for certain tasks on this project from qualified subconsultants, subcontractors, other service providers and suppliers, DWR expects the prime consultant to solicit qualified firms in the local business community for such services and supplies. The solicitation conducted should be as broad as possible to reasonably provide opportunities for and encourage relationship building with qualified minority and women-owned firms, and small and local businesses in the Sacramento community. The prime consultant shall not illegally discriminate in the solicitation process.

Substitution of any subconsultants, subcontractors, other service providers, and suppliers identified in the proposal upon which the agreement is based shall not be made without the written consent of DWR.

K. Employment practices Provide a summary of your firm’s employment policies and procedures, including any equal employment opportunity and affirmative action policies.

Also, include a brief summary outlining the present composition of your work force.

L. Exceptions to contract terms and conditions.

Provide a list of any exceptions to contract terms and conditions which the Consultant will seek from the standard DWR contract language.

M. Cost Proposal/Information.

In a separate sealed envelope provide a detailed estimate of costs to complete the work items related to this contract. This detail should incorporate the “level of effort” information provided in the Project Approach/Work Plan section of your proposal. It should include sub-totaled costs for your major task items in addition to the estimated total cost for the completed project. List costs for subcontracted work separately. Show name of subcontractor, type of work, unit and total charges for each type of work. Also provide your fee schedule that shows all the hourly rates and fees that will be applied for all work and deliverables related to this contract.

2.4 Proposal submission

Proposals must be received by the submission deadline in OpenGov https://secure.procurenow.com/login

Procurement via the solicitation link at https://procurement.opengov.com/portal/saccounty/projects/138158

Failure to submit a proposal on time may be grounds for rejection of the proposal; however, the Agency reserves the right, in its sole and absolute discretion, to accept proposals after the proposal due date.

2.5 Questions and communication

Questions concerning this RFP must be submitted to this solicitation’s Question & Answer page in OpenGov Procurement.

Questions received via phone or e-mail to direct points of contact for this RFP will not be considered nor responded to. The County shall respond to questions properly submitted as described above via addenda.

2.6 Addenda

The Agency reserves the right to modify the RFP at any time prior to the proposal due date. The Agency will modify the RFP only by formal written addenda. Proposer’s proposal should be based on this RFP document and any formal written addenda. Proposers should not rely on oral statements.

Addenda will be posted in OpenGov Procurement. It is the responsibility of each prospective Proposer to assure receipt of all addenda.

2.7 Agency’s right to withdraw, cancel, suspend and/or modify RFP

The Agency reserves the right to withdraw, cancel, suspend, and/or modify this RFP for any reason and at any time with no liability to any prospective Proposer for any costs or expenses incurred in connection with the RFP or otherwise.

2.8 Proposer’s right to edit or cancel proposal

Proposers may edit or cancel their proposal in OpenGov Procurement prior to the due date.

2.9 Proposals will not be returned

Upon submission, proposals will not be returned.

2.10 Public disclosure of proposal documents

The Agency will treat all information submitted in a proposal as available for https://secure.procurenow.com/login public inspection once negotiations with the selected party have been completed. If copies of proposals are included with Board materials, the Agency will make proposals available for public inspection once staff has made a recommendation for award.

If a Proposer believes protected data is included in its proposal, the Proposer shall clearly identify the data and provide the legal basis in support of the asserted classification. Proposer must present such information separately as part of its proposal OR type in bold red letters the term “CONFIDENTIAL” on that specific part or page of the Proposal which Proposer believes to be confidential. Classification of data as trade secret data will be determined pursuant to applicable law, and, accordingly, merely labeling data as “trade secret” does not necessarily make the data protected as such under any applicable law.

In order for the Agency to assert the confidentiality of any such information in the event a Public Record Act request is received, the Proposer must request, execute and submit a Agency-prepared written agreement to defend and indemnify the Agency for any liability, costs and expenses incurred in asserting such confidentiality as part of the proposal.

The final determination of whether the Agency will assert a Proposer’s claim of confidentiality shall be at the sole discretion of the Agency. Any information determined to be non-confidential shall be considered public record. If the Agency determines that your information does not meet the criteria for confidentiality, you will be notified of the Agency’s intent to release the public record pursuant to any Public Records Act request.

The Proposer agrees, as a condition of submitting its proposal, that the Agency will not, as between the parties, be liable or accountable for any loss or damage, which may result from a breach of confidentiality related to the proposal. The Proposer agrees to indemnify and hold the Agency, its officials, agents, and employees harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the California Public Records Act, including legal fees and disbursements paid or incurred to enforce this provision.

2.11 Proposer’s costs

The Agency shall not be responsible for any costs incurred by Proposer in connection with this RFP. Proposer shall bear all costs associated with proposal preparation, submission, and attendance at interviews, or any other activity associated with this RFP or otherwise.

2.12 Proposer’s ideas

To the extent permitted by law, the Agency reserves the right to use any or all ideas, concepts, or other information provided in any proposals. Selection or rejection of the Proposal does not affect this right.

2.13 Collusion

If the Agency determines that collusion has occurred among Proposers, none of the proposals of the participants involved in the collusion shall be considered. The Agency’s determination shall be final.

2.14 Conflict of interest

The Proposer affirms that to the best of its knowledge the submission of its Proposal, or any resulting contract, does not present an actual or perceived conflict of interest. The Proposer agrees that should any actual or perceived conflict of interest become known, it will immediately notify the Agency and will advise whether it will or will not avoid, mitigate, or neutralize the conflict of interest.

The Agency may make reasonable efforts to avoid, mitigate, or neutralize a conflict of interest by a Proposer. To avoid a conflict of interest by a Proposer, the Agency may utilize methods including disqualifying a Proposer from eligibility for a contract award or cancelling the contract if the conflict is discovered after a contract has been issued. The Agency may, at its sole and absolute discretion, waive any conflict of interest.

3 Evaluation and Selection

3.1 Proposal evaluation and recommendation for selection

The Agency reserves the following rights, to be exercised in the Agency’s sole and absolute discretion: 1) to determine whether any aspect of a proposal satisfactorily meets the criteria established in this RFP; 2) to seek clarification or additional information from any Proposer; 3) to negotiate, sequentially or simultaneously, pricing and/or terms with any Proposer or vendor; 4) to reject any or all proposals with or without cause; 5) to waive any irregularities or informalities in a proposal; 6) to cancel or amend by addenda this RFP, in part or entirely; 7) to award multiple contracts to Proposers; and/or 8) award a contract to a vendor that did not submit a proposal.

Evaluation of proposals by a selection committee, evaluation panel, Agency staff, a technical advisory committee, or by another group, individual or entity is advisory only. The Sacramento County Water Agency Board of Directors or its designee may consider or reject such evaluation(s) for any or all proposals. Such evaluations are for the sole benefit of the Sacramento County Water Agency Board of Directors or its designee, and as such, they are not binding upon the Agency, nor may they be relied upon in any way by a Proposer.

The County will issue a Notice of Intent to Award (NOIA) and/or a Notice of Award (NOA), as applicable, to be published on OpenGov Procurement naming County’s selected consultant following completion of the evaluation process.

3.2 Evaluation of responsiveness

The Agency will consider all the material submitted by the Proposer to determine whether the Proposer’s offer is in compliance with the terms and conditions set forth in this RFP. Proposals that do not comply with the provisions in this RFP may be considered nonresponsive and may be rejected.

3.3 Evaluation of responsibility

To determine whether a Proposer is responsible, the Agency will consider the Proposer’s general qualifications to perform the requested services in a satisfactory manner; financial responsibility; integrity; skill; past performance; and ability. Proposals from Proposers considered non-responsible will be rejected.

3.4 Evaluation panel and evaluation criteria

After review of each responsive proposal, the Agency may award a contract to a successful Proposer based on the evaluation criteria, or it may establish a short list of Proposers for further consideration. The short list of Proposers may be asked to provide additional information. The short list of Proposers may also be asked to attend an in-person or telephone interview/presentation, as determined by the Agency in its sole discretion.

Evaluation criteria shall include the following: A technical review panel, composed of SCWA staff will evaluate, score and rank each proposal based on the items listed below (see Table 2).

Table 2. Evaluation Criteria

Criteria Weight Scores a Weighted Scores b

Responsiveness to the RFP / Qualifications

15%

Team Member’s Experience with Relation to Requested Services - Major Pipelines

15%

Team Member’s Experience with Relation to Requested Services - Tank and Pump Facilities

15%

Project Understanding / Approach 30%

Teams Resource Availability 15%

Staff Estimate 10%

Total 100% a Each criteria will be assigned a score of 1 to 100.

b Scores will be multiplied by the weights and totaled to yield the total points on the proposal.

Final negotiations as to scope and cost will take place after selection of the firm. An award of contract shall be made to the responsible Consultant who provides the best overall response to the requirements of this RFP. SCWA may select whichever proposal it determines will best serve its interests. The successful Consultant will be selected in accordance with the Proposal Evaluation criteria identified above. Selection will be made no later than February 20, 2025, subject to final approvals. Written notification of the outcome of the selection process will be emailed to all Consultants who submitted a proposal.

The Agency will consider the trade-off between proposed cost and the other evaluation criteria in determining which proposal is most advantageous to the Agency.

3.5 Interviews

After review of each responsive proposal, the Agency may award a contract to a successful Proposer based on the evaluation criteria, or it may establish a short list of Proposers for further consideration. The short list of Proposers may be asked to provide additional information, or an interview/demonstration as determined by the Agency in its sole discretion.

3.6 Execution of contract

The selected proposer shall execute an agreement with the County of Sacramento, using the standard consulting agreement (Attachment 3). Any requested revisions, deletions, or additions, to the language in the attached sample agreement shall be clearly set forth in the proposal for the County’s consideration.

Before a contract becomes effective between the County and any proposer, the contract must be reviewed by County Counsel and the contract award must be approved by the County Board of Supervisors or its designee. If for any reason the County Board of Supervisors or its designee does not ratify and sign the contract then there are no binding obligations whatsoever between the County and the proposer relative to the proposed contract.

4 Attachments

Attachment A – NSA Infrastructure Map Attachment B – NSA Terminal Tank Site Preliminary Layout Attachment C – Preliminary Pipeline Alignment Attachment D – NSA Terminal Tank Site Layout with Topography Attachment E – Sample Agreement

Attachment A – NSA Infrastructure Map

Attachment B – NSA Terminal Tank Site Preliminary Layout

Attachment C – Preliminary Pipeline Alignment

Attachment D – NSA Terminal Tank Site Layout with Topography

Attachment E – Sample Agreement

SACRAMENTO COUNTY WATER AGENCY

AGREEMENT FOR

XXXXXXXXXXXXXXXX

THIS AGREEMENT is made and entered into on _______________________, by and between the SACRAMENTO AGENCY WATER AGENCY, a statutorily created district operating under the authority of and pursuant to the provisions of the Sacramento AGENCY Water Agency Act (California Water Code-Appendix, Chapter 66, commencing at Section 66-1 et seq.) (hereinafter “AGENCY”) and <name of contracting party and nature of entity> (hereinafter “CONSULTANT.”)

RECITALS

NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, AGENCY and CONSULTANT agree as follows:

1. SCOPE OF SERVICES

CONSULTANT shall provide services in the amount, type and manner described in Exhibit A, which is attached hereto and incorporated herein.

2. TERM

This Agreement shall be effective and commence as of the date first written above and shall end on _____________. AGENCY’S Director is authorized to amend this Agreement with CONSULTANT to extend the term.

3. NOTICE

Any notice, demand, request, consent, or approval that either party hereto may or is required to give the other pursuant to this Agreement shall be in writing and shall be either personally delivered or sent by mail, addressed as follows:

TO AGENCY:

Attn: Project Manager Address

TO CONSULTANT:

Attn:

Firm Name Address

Either party may change the address to which subsequent notice and/or other communications can be sent by giving written notice designating a change of address to the other party, which shall be effective upon receipt.

4. COMPLIANCE WITH LAWS

A. CONSULTANT shall observe and comply with all applicable Federal, State, and County laws, regulations and ordinances.

B. Economic Sanctions: Pursuant to California State Executive Order N-6-22 (Order) imposing economic sanctions against Russia and declaring support of Ukraine, COUNTY shall terminate any contract with any individual or entity that is in violation of the Order or that is subject to economic sanctions therein, and shall not enter a contract with any such individual or entity while the Order is in effect.

C. [if over $5M] CONSULTANT shall provide a written report to COUNTY within 60 days of the effective date of the contract or 60 days upon request regarding compliance with economic sanctions and steps taken in response to Russia’s action in Ukraine, including but not limited to, desisting from making new investments in, or engaging in financial transactions with Russia or Russian entities, and directly providing support to Ukraine, while the Order is in effect. The COUNTY shall keep the report on file as evidence of compliance with the Order.

5. GOVERNING LAWS AND JURISDICTION

This Agreement shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to this Agreement shall be brought in Sacramento County, California.

6. LICENSES, PERMITS AND CONTRACTUAL GOOD STANDING

A. CONSULTANT shall possess and maintain all necessary licenses, permits, certificates and credentials required by the laws of the United States, the State of California, County of Sacramento and all other appropriate governmental agencies, including any certification and credentials required by AGENCY. Failure to maintain the licenses, permits, certificates, and credentials shall be deemed a breach of this Agreement and constitutes grounds for the termination of this Agreement by

AGENCY.

B. CONSULTANT further certifies to AGENCY that it and its principals are not debarred, suspended, or otherwise excluded from or ineligible for, participation in federal, state or county government contracts. CONSULTANT certifies that it shall not contract with a subcontractor that is so debarred or suspended.

7. PREVAILING WAGES

CONSULTANT shall comply with the provisions of the California Labor Code, specifically, but not limited to, Chapter 1, commencing at Section 1720, of Part 7 of Division 2 (payment of prevailing wages). The prevailing rates for per diem wages shall be those rates determined by the Director of the California Department of Industrial Relations.

8. PERFORMANCE STANDARDS

CONSULTANT shall perform its services under this Agreement in accordance with the industry and/or professional standards applicable to CONSULTANT’S services.

9. OWNERSHIP OF WORK PRODUCT

All technical data, evaluations, plans, specifications, reports, documents, or other work products developed by CONSULTANT provided hereunder shall be the exclusive property of AGENCY and shall be delivered to AGENCY upon completion of the services authorized hereunder. CONSULTANT may retain copies thereof for its files and internal use. Publication of the information directly derived from work performed or data obtained in connection with services rendered under this Agreement must first be approved in writing by AGENCY.

AGENCY recognizes that all technical data, evaluations, plans, specifications, reports, and other work products are instruments of CONSULTANT’S services and are not designed for use other than what is intended by this Agreement.

10. STATUS OF CONSULTANT

A. It is understood and agreed that CONSULTANT (including CONSULTANT’S employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto. CONSULTANT’S assigned personnel shall not be entitled to any benefits payable to employees of AGENCY. AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of this Agreement; and as an independent contractor, CONSULTANT hereby indemnifies and holds AGENCY harmless from any and all claims that may be made against AGENCY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

B. It is further understood and agreed by the parties hereto that CONSULTANT in the performance of its obligation hereunder is subject to the control or direction of AGENCY as to the designation of tasks to be performed, the results to be accomplished by the services hereunder agreed to be rendered and performed, and not the means, methods, or sequence used by CONSULTANT for accomplishing the results.

C. If, in the performance of this Agreement, any third persons are employed by

CONSULTANT, such person shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. All terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by CONSULTANT, and the AGENCY shall have no right or authority over such persons or the terms of such employment.

D. It is further understood and agreed that as an independent contractor and not an employee of AGENCY, neither the CONSULTANT nor CONSULTANT’S assigned personnel shall have any entitlement as an AGENCY employee, right to act on behalf of AGENCY in any capacity whatsoever as agent, nor to bind AGENCY to any obligation whatsoever. CONSULTANT shall not be covered by worker’s compensation; nor shall CONSULTANT be entitled to compensated sick leave, vacation leave, retirement entitlement, participation in group health, dental, life and other insurance programs, or entitled to other fringe benefits payable by the AGENCY to employees of the

E. It is further understood and agreed that CONSULTANT must issue W-2 and 941

Forms for income and employment tax purposes, for all of CONSULTANT’S assigned personnel under the terms and conditions of this Agreement.

FOR OUT OF STATE CONSULTANTS ONLY

F. Notwithstanding subparagraphs (A) and (E), it is further understood and agreed that

AGENCY shall withhold seven percent (7%) of all income paid to CONSULTANT under this agreement for payment and reporting to the California Franchise Tax Board because CONSULTANT does not qualify as (1) a corporation with its principal place of business in California, (2) a partnership with a permanent place of business in California, (3) a corporation qualified to do business in California by the Secretary of State, or (4) an individual with a permanent residence in the State of California.

11. CONSULTANT IDENTIFICATION

CONSULTANT shall provide the AGENCY with the following information for the purpose of compliance with California Unemployment Insurance Code section 1088.8 and Sacramento County Code Chapter 2.160: CONSULTANT’S name, address, telephone number, social security number or federal tax identification number, and whether dependent health insurance coverage is available to CONSULTANT.

12. COMPLIANCE WITH CHILD, FAMILY AND SPOUSAL SUPPORT REPORTING

OBLIGATIONS

CONSULTANT’s failure to comply with state and federal child, family and spousal support reporting requirements regarding CONSULTANT’s employees or failure to implement lawfully served wage and earnings assignment orders or notices of assignment relating to child, family and spousal support obligations shall constitute a default under this Agreement.

CONSULTANT’s failure to cure such default within 90 days of notice by AGENCY shall be grounds for termination of this Agreement.

13. BENEFITS WAIVER

If CONSULTANT is unincorporated, CONSULTANT acknowledges and agrees that CONSULTANT is not entitled to receive the following benefits and/or compensation from AGENCY: medical, dental, vision and retirement benefits, life and disability insurance, sick leave, bereavement leave, jury duty leave, parental leave, or any other similar benefits or compensation otherwise provided to permanent civil service employees pursuant to the County Charter, the County Code, the Civil Service Rule, the Sacramento County Employees’ Retirement System and/or any and all memoranda of understanding between AGENCY and its employee organizations. Should CONSULTANT or any employee or agent of CONSULTANT seek to obtain such benefits from AGENCY, CONSULTANT agrees to indemnify and hold harmless AGENCY from any and all claims that may be made against AGENCY for such benefits.

14. RETIREMENT BENEFITS/STATUS

CONSULTANT acknowledges and agrees that AGENCY has not made any representations regarding entitlement, eligibility for and/or right to receive ongoing Sacramento County Employee Retirement System (SCERS) retirement benefits during the term of this Agreement. By entering into this Agreement, CONSULTANT assumes sole and exclusive responsibility for any consequences, impacts or action relating to such retirement benefits that is or will be occasioned as a result of the services provided by CONSULTANT under this Agreement. CONSULTANT waives any rights to proceed against AGENCY should SCERS modify or terminate retirement benefits based on CONSULTANT’S provision of services under this Agreement.

15. CONFLICT OF INTEREST

CONSULTANT and CONSULTANT’S officers and employees shall not have a financial interest, or acquire any financial interest, direct or indirect, in any business, property or source of income which could be financially affected by or otherwise conflict in any manner or degree with the performance of services required under this Agreement.

16. LOBBYING AND UNION ORGANIZATION ACTIVITIES

A. CONSULTANT shall comply with all certification and disclosure requirements prescribed by Section 319, Public Law 101-121 (31 U.S.C. § 1352) and any implementing regulations.

B. If services under this Agreement are funded with state funds granted to AGENCY, CONSULTANT shall not utilize any such funds to assist, promote or deter union organization by employees performing work under this Agreement and shall comply with the provisions of Government Code Sections 16645 through 16649.

17. NONDISCRIMINATION IN EMPLOYMENT, SERVICES, BENEFITS AND FACILITIES

A. CONSULTANT agrees and assures AGENCY that CONSULTANT and any subconsultants shall comply with all applicable federal, state, and local Anti-discrimination laws, regulations, and ordinances and to not unlawfully discriminate, harass, or allow harassment against any employee, applicant for employment, employee or agent of AGENCY, or recipient of services contemplated to be provided or provided under this Agreement, because of race, ancestry, marital status, color, religious creed, political belief, national origin, ethnic group identification, sex, sexual orientation, age (over 40), medical condition (including HIV and AIDS), or physical or mental disability.

CONSULTANT shall ensure that the evaluation and treatment of its employees and applicants for employment, the treatment of AGENCY employees and agents, and recipients of services are free from such discrimination and harassment.

B. CONSULTANT represents that it is in compliance with and agrees that it will continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), the Fair Employment and Housing Act (Government Code § 12900 et seq.), and regulations and guidelines issued pursuant thereto.

C. CONSULTANT agrees to compile data, maintain records and submit reports to permit effective enforcement of all applicable anti-discrimination laws and this provision.

D. CONSULTANT shall include this nondiscrimination provision in all subcontracts related to this Agreement.

18. INDEMNIFICATION

A. To the fullest extent permitted by law, for work or services provided under this

Agreement, CONTRACTOR shall indemnify, defend, and hold harmless AGENCY, its governing Board, officers, directors, officials, employees, and authorized volunteers and agents (collectively “Indemnified Parties”), from and against any and all claims, demands, actions, losses, liabilities, damages, and all expenses and costs incidental thereto (collectively “Claims”), including cost of defense, settlement, arbitration, expert fees, and reasonable attorneys' fees, resulting from injuries to or death of any person, including employees of either party hereto, and damage to or destruction of property, or loss of use or reduction in value thereof, including the property of either party hereto, and recovery of monetary losses incurred by AGENCY directly attributable to the performance of CONTRACTOR, to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of CONTRACTOR, its employees, CONTRACTOR’s sub-consultants or subcontractors at any tier, or any other party for which CONTRACTOR is legally liable under law.

B. The right to defense and indemnity under this section arises upon occurrence of an event giving rise to a claim and tendered in writing to CONTRACTOR. CONTRACTOR shall defend Indemnified Parties with counsel reasonably acceptable to AGENCY.

C. Notwithstanding the foregoing, the parties expressly agree that CONTRACTOR’s defense obligation under this indemnity obligation shall require CONTRACTOR to defend the

Indemnified Parties until any of the following occur: (1) the judgment has become final by a Court of Competent Jurisdiction, (2) other mutually agreeable dispute resolution or settlement process establishing the proportionate percentage of fault of the parties under law. In the event that fault is apportioned between AGENCY and CONTRACTOR, CONTRACTOR’s final cost of defense shall not exceed its proportionate percentage of fault. To the extent that CONTRACTOR’s cost of defense exceeds its proportionate percentage of fault, AGENCY shall reimburse CONTRACTOR. If requested by AGENCY, CONTRACTOR agrees to participate, at its own expense, in the defense of a Claim to provide testimony or to produce documents or other relevant information.

D. To the extent permitted by law, this indemnity obligation shall not be limited by the types and amounts of insurance or self-insurance maintained by CONTRACTOR or CONTRACTOR’s sub-consultants or subcontractors at any tier.

E. Nothing in this indemnity obligation shall be construed to create any duty to, any standard of care with reference to, or any liability or obligation, contractual or otherwise, to any third party.

F. The provisions of this indemnity obligation shall survive the expiration or termination of the Agreement.

19. INSURANCE

Without limiting CONSULTANT’S indemnification, CONSULTANT shall maintain in force at all times during the term of this Agreement and any extensions or modifications thereto, insurance as specified in Exhibit B. It is the responsibility of CONSULTANT to notify its insurance advisor or insurance carrier(s) regarding coverage, limits, forms and other insurance requirements specified in Exhibit B. It is understood and agreed that AGENCY shall not pay any sum to CONSULTANT under this Agreement unless and until AGENCY is satisfied that all insurance required by this Agreement is in force at the time services hereunder are rendered. Failure to maintain insurance as required in this agreement may be grounds for material breach of contract.

20. INFORMATION TECHNOLOGY ASSURANCES

CONSULTANT shall take all reasonable precautions to ensure that any hardware, software, and/or embedded chip devices used by CONSULTANT in the performance of services under this Agreement, other than those owned or provided by AGENCY, shall be free from viruses.

Nothing in this provision shall be construed to limit any rights or remedies otherwise available to AGENCY under this Agreement.

21. COMPENSATION AND PAYMENT OF INVOICES LIMITATIONS

A. Compensation under this Agreement shall be limited to the Maximum Total Payment Amount set forth in Exhibit C, or Exhibit C as modified by AGENCY in accordance with express provisions in this Agreement.

B. CONSULTANT shall submit an invoice in accordance with the procedures prescribed by

AGENCY on a monthly basis for services performed during the previous month. Invoices shall be submitted to AGENCY no later than the fifteenth (15th) day following the invoice period, and AGENCY shall pay CONSULTANT within thirty (30) days after receipt of an appropriate and correct invoice.

C. AGENCY operates on a July through June fiscal year. Invoices for services provided in any fiscal year must be submitted no later than July 31, one month after the end of the fiscal year. Invoices submitted after July 31 for the prior fiscal year shall not be honored by AGENCY unless CONSULTANT has obtained prior written AGENCY approval to the contrary.

D. CONSULTANT shall maintain for four years following termination of this agreement full and complete documentation of all services and expenditures associated with performing the services covered under this Agreement. Expense documentation shall include: time sheets or payroll records for each employee; receipts for supplies; applicable subcontract expenditures; applicable overhead and indirect expenditures.

E. In the event CONSULTANT fails to comply with any provisions of this Agreement, AGENCY may withhold payment until such non-compliance has been corrected.

22. LEGAL TRAINING INFORMATION keep/delete as appropriate

If under this Agreement CONSULTANT is to provide training of County personnel on legal issues, then CONSULTANT shall submit all training and program material for prior review and written approval by County Counsel. Only those materials approved by County Counsel shall be utilized to provide such training.

23. SUBCONTRACTS, ASSIGNMENT

A. CONSULTANT shall obtain prior written approval from AGENCY before subcontracting any of the services delivered under this Agreement. CONSULTANT remains legally responsible for the performance of all contract terms including work performed by third parties under subcontracts. Any subcontracting will be subject to all applicable provisions of this Agreement. CONSULTANT shall be held responsible by AGENCY for the performance of any subconsultant whether approved by AGENCY or not.

B. This Agreement is not assignable by CONSULTANT in whole or in part, without the…