ARC FLASH STUDY INCLUDING: SITE SURVEYS, CALCULATIONS

REQUEST FOR PROPOSAL

FOR

ENGINEERING CONSULTING SERVICES

IN SUPPORT OF THE

ARC FLASH STUDY

INCLUDING: SITE SURVEYS, CALCULATIONS, & LABELING

JOB 10104

Date Due: October 1

Time Due: 2:00 p.m.

ALAMEDA COUNTY WATER DISTRICT 43885 South Grimmer Blvd, Fremont, California 94538-6348

(510) 668-4499 Engineering Office

(510) 651-1760 Engineering Fax

www.acwd.org

i

ALAMEDA COUNTY WATER DISTRICT

REQUEST FOR PROPOSALS

FOR PROFESSIONAL ENGINEERING CONSULTING SERVICES

ARC FLASH STUDY


Table of Contents

1.0 INVITATION TO SUBMIT A PROPOSAL ......................................................................1

2.0 BACKGROUND .................................................................................................................3

3.0 GOALS AND OBJECTIVES ..............................................................................................3

4.0 SERVICES TO BE PROVIDED AND DRAFT SCOPE OF WORK ................................4

5.0 SCHEDULE .........................................................................................................................6

6.0 ADDITIONAL REQUIREMENTS .....................................................................................6

7.0 COMPENSATION ..............................................................................................................6

8.0 PROPOSAL ELEMENTS (Minimum)................................................................................6

9.0 CLARIFICATION OF PROPOSALS / WITHDRAWAL OF REQUEST FOR

PROPOSALS .....................................................................................................................10

10.0 SUBMISSION OF PROPOSALS......................................................................................11

11.0 EVALUATION OF PROPOSALS ....................................................................................12

12.0 CONSULTANT SELECTION SCHEDULE (Subject to Change) ...................................13

13.0 CONFIDENTIALITY........................................................................................................13

14.0 DATA AVAILABLE FROM ACWD ...............................................................................13

List of Appendices

Appendix A Contract for Professional Services Agreement Standard Form

Appendix B RFP Non-Disclosure Agreement and Release of Confidential

Documents/Information

Appendix C PG&E Service Data*

Appendix D Single Line Diagrams*

ii

Appendix E Generator Deployment Plan*

Appendix F ACWD AutoCAD Standards

*To be made available upon execution of the RFP Non-Disclosure Agreement and Release of Confidential Documents/Information

(Reference Appendix B)

RFP Arc Flash Study Including: Site Surveys, Calculations, & Labeling

Job No. 10104 1

ALAMEDA COUNTY WATER DISTRICT

REQUEST FOR PROPOSALS

FOR CONSULTING SERVICES in support of

ARC FLASH STUDY


1.0 INVITATION TO SUBMIT A PROPOSAL

The Alameda County Water District (District or ACWD) supplies water to a population of

over 357,000 in the cities of Fremont, Newark, and Union City. The District was established in

1914 by the state legislature under the California County Water District Act and is governed by

a five-member Board of Directors. It was originally created to protect the groundwater basin,

conserve the waters of the Alameda Creek Watershed, and develop supplemental water supplies,

primarily for agricultural use. In 1930, urban water distribution became an added function of the

District. Today, the District provides water primarily to urban customers.

ACWD invites your firm (“Proposer” or “Consultant”) to submit a proposal to provide electrical

engineering consulting services in support of the Arc Flash Study Including: Site Surveys,

Calculations, & Labeling; ACWD Job 10104 (Project).

A non-mandatory project briefing will be conducted via video conferencing using ZOOM

at 10:00 am, September 17 with the District’s facilities engineer-electrical, Joey Correia.

Interested parties planning to attend the video conference must contact Janine Manville at

[email protected] with the subject line “10104 Arc Flash Study” to register for access to the

project briefing as well as to submit the Non-disclosure Agreement for access to the Appendices

documents. The purpose of the project briefing is to provide a project overview, present the draft

scope of services for this project and allow the Consultants attending the meeting to ask questions

about the project and Request for Proposals (RFP).

Proposals will be received at the District Office, Engineering Department, 43885 South Grimmer

Boulevard, Fremont, California 94538, until 2:00 pm, Pacific Standard Time (PST), October 1.

All responses to this RFP become property of the District and will be kept confidential until a

recommendation for award of a contract has been announced. Thereafter, submittals are subject

to public inspection and disclosure under the California Public Records Act (Cal. Govt. Code

Sections 6250 et seq.). Therefore, unless the information is exempt from disclosure by law, the

content of any proposal, request for explanation, exception, or substitution, response to these

specifications, protest, or any other written communication between the District and any Proposer

regarding the procurement, shall be available to the public.


Job No. 10104 3

2.0 BACKGROUND

The District owns and operates a variety of facilities to supply, produce, treat, and distribute

water to its customers throughout the cities of Fremont, Newark, and Union City (the District’s

service area). These facilities include raw water diversion, groundwater recharge, water wells,

water treatment and production plants, SFPUC take-off facilities, water storage facilities, booster

stations, and pressure-regulating stations. These facilities operate on a 24/7 basis and depend

upon safe and reliable electrical equipment and infrastructure.

There are approximately eighty-four (84) different facilities with electrical infrastructure and

these can be generally classified into 3 broad groups based on their type of electrical service and

infrastructure. These 3 groups are: “Complex”, “Moderate” and “Simple”. There are four (4)

“Complex” facilities which have electrical systems served or operating at 2,400 volts or more.

There are approximately thirty (30) “Moderate” facilities which have an electrical system served

or operating at 480 to 600 volts. Lastly, there are approximately fifty (50) “Simple” facilities

which have an electrical system served or operating at 240 volts or less. The District is served

by the Pacific Gas & Electric (PG&E) electric distribution grid, and predominately via retailer

East Bay Community Energy (EBCE). In addition to the utility power connections, the District

utilizes backup power in the form of stationary diesel engine-driven generators at six (6)

facilities and portable diesel generators which can be deployed at up to approximately fifteen

(15) facilities.

The “Complex” facilities consist of water treatment and production plants, and large well fields.

The “Moderate” facilities generally consist of booster stations, water production plants, wells,

the headquarters facility, and some distribution and diversion facilities. The Simple facilities

generally consist of tanks and reservoirs, regulator stations, and cathodic protection stations.

The list of facilities to be addressed is included in Appendix C “PG&E Service Data”. Appendix

D contains single line diagrams for facilties which fall into the “Complex” and “Moderate”

categories; single line diagrams for “Simple” facilities have also been included where available.

The single line diagrams provided are reasonably accurate, but must be verified. Appendix E

contains information on the District’s portable generator deployment scheme. Appendix F

contains information on the District’s AutoCAD standards.

3.0 GOALS AND OBJECTIVES

The District’s goal is to complete an arc flash and shock hazard evaluation, calculations, and

labeling for all facilities in order to support the safe operation and maintenance of electrical

infrastructure, and comply with applicable regulations and industry practices. The evaluation,

calculations and labeling are to be performed in compliance with the latest codes and standards

associated with electrical safety and arc flash standards including those set forth by IEEE 1584,

NFPA 70E, & NFPA 70. The District is soliciting proposals from qualified Consultants that have

the knowledge, experience and capability to complete the work. Time is of the essence. The


Job No. 10104 4

Consultant shall ensure available resources, as necessary, to facilitate work in a timely fashion.

4.0 SERVICES TO BE PROVIDED AND DRAFT SCOPE OF WORK

The District is requesting proposals from qualified firms to meet the project goals and objectives

described in Section 3.0.

The scope of professional services described below is a draft and the activities and deliverables

listed are those anticipated by the District to meet the project goal. It is the District’s expectation

that the Consultant will use their expertise to customize each task (including a further breakdown

into subtasks) in order to improve the District’s ability to meet project goals in the most expeditious

and cost-effective manner. Based on their experience, the Consultant may identify additional

elements needed to meet the project goals.

The work, at a minimum, is anticipated to include the following tasks:

Task 1: Collection of Data

The purpose of this task is to collect and verify all information needed to perform the arc flash and

shock hazard evaluation. At a minimum, this task shall include: obtain, review, and verification

of PG&E service data, verification of facility single line data, collection of equipment

configuration and settings, etc.

The Consultant, with input from the District, shall develop a plan for site data collection which

maximizes efficiency and minimizes impact to District operations. District personnel shall

perform all operation of equipment, Lock-out Tag-out, and verification of de-

energized/electrically safe conditions wherever needed during site survey work.

Deliverables:

• Draft and Final plans for site surveys and data collection/verification. At minimum, plan

shall identify: schedule, data to be collected, coordination for minimizing impact to

operations, resource requirements, safety protocols to follow, and outage requests.

• Copy of all data collected at each site.

• Corrections to Single Line Diagrams for “Complex” and “Moderate” facilities to reflect

results of the site surverys. Drawings may be provided as redline markups to existing

drawings or updates to the existing AutoCAD drawings which comply with ACWD

AutoCAD standards.

Task 2: Arc Flash and Shock Hazard Evaluation

The purpose of this task is to complete the arc flash and shock hazard evaluation for each

facility. At a minimum, this will include determination of the arc flash and shock hazards

throughout each facility in accordance with the latest editions of NFPA 70E and IEEE-1584. As

part of this effort, the District desires guidance from the Consultant to better understand and

follow the stipulations given by PG&E in their “Secondary Arc Flash Assessment”.


Job No. 10104 5

The arc flash and shock hazard evaluation must include all electrical devices, switchboards,

panelboards, motor control centers, stationary generators, etc. to the extent required by the

standards and codes. The District also desires to include its fleet of portable generators in the

evaluation, however, the District will look to the Consultant to provide recommendations in this

regard.

As part of the evaluation, the District is interested in knowing locations where the arc flash

hazard can be mitigated through readily achievable means such as change in circuit breaker or

fuse setting, etc. Also, any locations or facilities which present extreme or unusual hazards

should be identified.

Deliverables:

• Draft and Final reports (3 hard copies + pdf) addressing at a minimum:

o Overview describing scope and methods employed by the Consultant to complete

the evaluation.

o Evaluation results for all sites.

o Identification and commentary on any unsual findings or areas of concern

pertaining to evaluation results.

o Identification and recommendations where arc flash incident energy can readily be

reduced.

o Final electronic model files for all modeled facilities in SKM file format.

o Final report shall be stamped by a registered Professional Engineer licensed in the

state of California.

Task 3: Arc Flash Labels

The purpose of this task is to provide labels for application to equipment and enclosures. The

Consultant shall develop a labeling plan for review with the District. At a minimum, the plan shall

address label locations, label format and information to be contained on the labels. The final label

format and locations shall be determined by the District.

The Consultant shall provide a complete set of printed labels for all equipment which require

labeling. Labels shall be durable adhesive type. The labels shall be provided after the District’s

approval of label locations and format. Label installation will be performed by the District.

Deliverables:

• Technical Memorandum of Labeling Plan.

• Sample label for review

• Complete set of labels (as required for all equipment and locations)

Task 4: Administrative Services

4.1 Project invoices

4.2 Communications and Correspondence

4.3 Meetings


Job No. 10104 6

4.3.1 Project Kickoff meeting

4.3.2 Project progress meetings

5.0 SCHEDULE

All field surveys and data collection shall be completed, if at all possible, during the months of

January – March 2021 when water demands are lower and the District has more operational

flexibility. Notably, Water Treatment Planet No.2 (J02) will be shutdown for maintenance the

month of March 2021; any field survey work which requires de-energizing at this site shall be

collected during this time.

6.0 ADDITIONAL REQUIREMENTS

Prevailing Wages. The selected Consultant or Consultant Team shall comply with the Labor

Code Section 1770-1781 and all workers employed on or in execution of the project shall be paid

not less than the applicable current prevailing wage as determined by the Director of the

Department of Industrial Relations.

Registration with California Department of Industrial Relations. No contractor or subcontractor

may be listed on a bid proposal or awarded a contract for a public works project unless registered

with Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 at the time

of bid.

7.0 COMPENSATION

The Consultant will be compensated for services on a time and materials basis with a not-to-exceed

cost ceiling. Progress payments will be based on individual hours billed to individual tasks plus

allowable expenses. Compensation for subconsultants and/or contractors will be limited to the

same restrictions imposed upon the Consultant.

The Consultant shall invoice ACWD for its professional services by task on a monthly progress

payment basis. The invoice shall include an accompanying progress report, for the reporting

period covered by the invoice, which describes planned vs. actual resources utilized per task, and

provides an explanation of any variances including steps necessary or taken to keep or return the

project to the schedule and/or budget.

Reference is made to Section 9 – Prevailing Wage, of the ACWD Contract for Professional

Services Agreement Standard Form. The services of the Consultant may constitute a public works

project as defined by law. Therefore, the Consultant shall comply with all applicable prevailing

wage requirements set forth in the California Labor Code Sections 1770 to 1781 inclusive.

8.0 PROPOSAL ELEMENTS (Minimum)

These instructions prescribe the mandatory proposal format and the approach for the development

and presentation of proposals. The Consultant shall carefully examine the RFP and be satisfied as

to the conditions to be complied with, prior to the Consultant submitting a proposal. The District

may reject, at its sole discretion, any Proposal submissions that deviate from these instructions.


Job No. 10104 7

Proposals shall be prepared simply and economically, providing a straightforward and concise

description of how the proposal has satisfied all the requirements of this RFP. Emphasis shall be

on completeness and clarity of content with sufficient detail to allow for accurate evaluation and

comparative analysis. Excessive or irrelevant materials will not be favorably received.

It is the Consultant’s responsibility to ensure that its Proposal is submitted in a manner that enables

the District’s Review Panel to easily locate all response descriptions and exhibits for each

requirement of this RFP. Page numbers should be located in the same page position throughout

the proposal. Figures, tables, charts, etc., should be assigned index numbers and should be

referenced by these numbers in the proposal text and in the proposal Table of Contents.

The following information must be included on each page of the proposal:

• Proposal for Professional Engineering Services for Arc Flash Study Including: Site

Surveys, Calculations, & Labeling

• Job No. 10104

• Month/Year

• Page Number, formatted according to the following scheme: “Section No. - Page No”.

Example: Page 3-5 (represents Page 5 of Section 3)

The written proposal submitted to the District shall consist of two (2) volumes – Volume 1:

Proposal and Volume 2: Proposal Cost Data, each in a separate sealed envelope.

The proposal shall contain the following minimum elements:

Volume 1: Proposal

The written proposal shall be organized into the following sections:

Section 1: Administrative Documents

Section 1 may include cover letters, executive summaries, and the table of contents.

Section 2: Project Understanding and Scope of Work

A. Understanding of Project Requirements and Method of Approach

Based on the available existing information, the proposal shall clearly communicate the

Consultant’s proposed approach to accomplishing the Work. The Consultant should

communicate their understanding of the Project through a discussion of the project

requirements, and through the articulation of criteria and resources required to complete the

project.

B. Responses to the following questions:

1. What are best practices for application of the service information provided by the utility,

including application of the PG&E Secondary Letter?

2. What is the recommended approach to collect site data and verify single line information


Job No. 10104 8

with minimal disruption to operation of facilities?

3. What are best practices for simplifying assumptions such as electrode configuration,

enclosure size, etc.?

4. How far down into the electrical infracture does the evaluation and labeling need to go?

5. What are recommended practices for use of modeling and calculations versus use of NFPA

70E table values for determining arc flash incident energy?

C. Scope of Work

Provide a Scope of Work to be included in the ACWD Contract for Professional Services

Agreement. The Scope of Work shall consist of a detailed and comprehensive description of

each of the Consultant’s proposed work tasks. The description of work tasks shall include the

proposed methodologies, rationale, procedures and techniques to be utilized in this Project.

Information on any stated Optional items proposed by the Consultant shall be incorporated in

this section. For each work task defined in the Scope of Work, the Consultant shall include a

list of deliverables anticipated in completing the task.

Section 3: Project Staffing Plan

Project Team Organization Chart

Provide an organization chart for the proposed Project team and any subconsultants. The

organization chart shall clearly identify the project manager who will be the District’s main

point of contact and personnel responsible for coordinating key tasks.

Statement of Experience – Personnel

Identify the Project Manager, and senior level QA/QC project manager. Provide a short

narrative of each team member’s prior experience that will demonstrate their ability to

successfully complete the Project described in the RFP. Resumes of all proposed team

members, including licenses and certifications, shall be included in Section 7 of the Proposal.

Modification to the Project Team, including substitutions and/or additions of key personnel

not identified in the proposal will not be allowed without prior approval by the District.

Statement of Experience - Subconsultants/Subcontractors

List proposed subconsultants or subcontractors, and describe their expertise, qualifications,

and anticipated role in the Project. State the specific duties and pertinent experience of the

subconsultants, including all licenses and certifications. Resumes of all proposed

Subconsultant project team members, including licenses and certifications, shall be included

in Section 8 of the Proposal.

Modification to the Project team, including substitutions and/or additions of subconsultants and/or

subcontractors not identified in the proposal will not be allowed without prior approval by the

District.

Section 4: Company Experience and References


Job No. 10104 9

Statement of Qualifications: Provide statement of qualifications with a brief listing of company

experience focusing on work similar in scope to this Project.

References: Provide a list of three to six reference projects within the past four (4) years that

demonstrate the Consultant’s competence to perform the Work required for the Project. For each

reference project, provide the following information:

1) Name and location of project.

2) Approximate month and year when project was performed.

3) A description of type and extent of services provided.

4) Name and address of project owner.

5) Name and current phone number of owner's representative intimately familiar with the

project, to contact for reference. Verify that the reference person can be contacted at

the phone number provided.

6) Applicability and relevance to the services required by the District.

Section 5: Project Schedule

Provide a detailed project schedule which identifies document submittal milestones, allotted

District review times, and key meeting dates. Assume District review for submittal will be 2 weeks

per submittal draft.

Section 6: Estimated Level of Effort

Work shall be performed on a time and expenses basis with a “not to exceed” amount.

The estimated level of effort shall be presented in tabular format and include a breakdown of the

work into discrete and detailed sets of tasks (and subtasks, if applicable). For each task and

subtask, the Consultant shall characterize the level of effort by detailing the following:

A. Person-hours, categorized by staff member and role; and

B. Subcontractor person-hours

Provide summation lines for total hours per task by employee, total hours per task, and total project

hours per employee.

Rate schedules and cost breakdowns shall NOT be included in this Section. Costs shall be

submitted in a separate, sealed envelope in accordance with Volume 2 - Section 10: Proposal

Costs.

Section 7: Exceptions to the ACWD Contract for Professional Services Agreement

Standard Form

The Consultant is referred to appendix A, Contract for Professional Services Agreement Standard

Form. Consultant is requested to review the professional services agreement and identify any areas


Job No. 10104 10

where they take exception to the language. Exceptions, with reference to specific sections and

paragraphs, to the District's Standard Form of Contract for Professional Services Agreement shall

be identified and included in this section of the proposal response. Noted exceptions to the

professional services agreement will be considered in the evaluation process.

Section 8: Resumes of Proposed Staff

Section 9: Resumes/Qualifications of Proposed Subcontractors or Outside Firms

Volume 2: Proposal Cost Data

Volume 2, Proposal Cost Data, shall be submitted in a separate, sealed envelope.

Section 10: Proposal Costs

Proposal costs shall include the following:

Cost Estimate by Task/Subtask: The task/subtask cost estimate shall consist of a breakdown

of each work task/subtask that includes an estimate of total person-hours for each project team

member and/or subconsultant, and associated unit costs, as appropriate (e.g. hourly charges for

personnel).

Provide subtotals for each task, and for total project for each employee, and subconsultant. All

labor and expenses must be attributed to a task.

Hourly Rate Schedule: The Consultant shall submit a current schedule of labor rates and

equipment charges with the cost estimate. Hourly base rates for personnel, equipment, and

subconsultants shall be all inclusive of overheads for staff overtime, per diems, mobilization

of personnel and equipment, test equipment, laboratory testing, health and safety equipment,

office services and equipment, mobile telephone and communication equipment and service,

transportation costs, report preparation, permitting, meetings, administrative charges,

subcontractors’ time and equipment, and other miscellaneous expenses, as they apply to the

project.

Identify any impending changes, in the above mentioned rate schedule(s), that are expected to

occur during the expected duration of the project.

9.0 CLARIFICATION OF PROPOSALS / WITHDRAWAL OF REQUEST FOR

PROPOSALS

The District has the right to modify, revise, or withdraw this RFP. Receipt and evaluation of

proposals do not obligate the District to award a contract. Any change to this document will be

made by written addendum by the District. Addenda will be posted on the District’s web page

reserved for current Consultant and services opportunities

(http://www.acwd.org/index.aspx?nid=503). Any addenda issued shall be considered part of this

RFP.


Job No. 10104 11

Requests for clarifications shall be submitted in written format. Responses to requests for

clarification along with any modifications to this RFP will be forwarded to all attendees of the

non-mandatory briefing and will be posted on the District’s website as indicated above. Requests

for clarification submitted within three business days of the Proposal due date will remain

unanswered by the District. Any proposal may be withdrawn at any time before the proposal

deadline date and time specified in Section 10.0 Submission of Proposals by providing written

request for the withdrawal of the proposal to the Facilities Maintenance Manager, Dan Stevenson.

The request shall be executed by a duly authorized representative of the Consultant.

For questions regarding this scope of work, please contact:

Joey Correia

Facilities engineer-electrical

Email: [email protected]

Phone: (510) 668-6544

10.0 SUBMISSION OF PROPOSALS

Three (3) copies of the proposal plus one electronic copy in pdf format on compact disc or usb

memory stick (Volume 1), and three (3) copies of the cost proposal plus one electronic copy in pdf

format on compact disc or usb memory stick (Volume 2), each in their own sealed envelopes, must

be submitted in a sealed envelope clearly marked:

“Arc Flash Study Including: Site Surveys, Calculations, & Labeling, Job 10104”

bearing the name and address of the Consultant to:

Kurt Arends

c/o Engineering Office Admistration Team

Manager of Operations and Maintenance

Alameda County Water District

43885 South Grimmer Boulevard

Fremont, CA 94538

Consultants mailing proposals should allow appropriate mail delivery time to ensure timely receipt

of their proposals, and assume the risk of late delivery.

Consultants delivering their proposals directly via courier should drop them off at the District’s

warehouse, which is located at the same physical address.

Proposals submitted after 2:00 p.m., PST, October 1, 2020, will be returned to the Consultant

unopened.

Material submitted by the Consultant shall become the property of ACWD unless otherwise

specified. All proposals may be reviewed and evaluated by any person at the discretion of ACWD.


Job No. 10104 12

11.0 EVALUATION OF PROPOSALS

Evaluation Standards

Written proposals will be evaluated on the basis of the following criteria:

1. Understanding: The Consultant’s understanding of the Scope of Services and Method of

Approach; the Consultant’s understanding of the Scope of Services as demonstrated through

clear and concise articulation of criteria required to resolve the major issues and to complete

the project, based upon existing information; and, the Consultant’s proposed approach to

accomplishing the work.

2. Scope of Work: The Scope of Work as described in the proposal, including the delineation

and logic of tasks, deliverables, and creative cost saving or project delivery approach ideas; as

demonstrated through clarity and definition of tasks, services, and activities necessary to meet

the objectives outlined in this RFP.

3. Key Personnel and Qualified Staff: The Consultant’s commitment of key personnel who will

be involved with each major task element of the project and qualified staff to provide required

services to complete the project in a timely and cost effective manner. The appropriateness of

the labor classifications assigned to each task.

4. References: References of similar work within the past six (6) years, which best demonstrate

the Consultant’s abilities to accomplish the project in a professional, timely, and cost effective

manner. References and previous clients may be contacted as part of the evaluation of this

criterion.

5. Schedule of Work: Strategies proposed to meet project goals and to deliver the project on time

and within budget will be evaluated. Identification of opportunities and challenges to

achieving project delivery in a timely manner will be reviewed. Underlying assumptions and

the time required for outside agency review of proposed project approach and permit

application will be evaluated.

6. Level of Effort: The Consultant’s estimated personnel hours expected to be spent on each task

element including each member of the consulting firm and all subconsultants/contractors will

be reviewed.

7. Exceptions to Standard Form of ACWD Contract for Professional Services Agreement:

Exceptions to ACWD’s Standard Form of ACWD Contract for Professional Services

Agreement shall be identified and included in the proposal. Noted exceptions will be

considered in the evaluation process.

Method of Selection


Job No. 10104 13

1. The District will convene a selection panel which will review and evaluate all conforming

proposals received in response to this RFP, based upon the above criteria. During the

evaluation process, ACWD has the right to request any clarification or change it needs to better

understand the proposal. ACWD at its discretion may request one or more Consultants to make

a presentation to members of the selection panel at District headquarters. Details of such

presentations, if required, will be provided in advance of the presentation. Consultant may be

required to participate in negotiations and to submit such price, technical or other revisions of

their proposal as may result from negotiations. Any changes to the proposal of the selected

Consultant will be made before executing the contract and will become part of the contract for

professional services agreement.

2. ACWD reserves the right to reject any or all proposals. ACWD also reserves the right to waive

any non‐material irregularities in any proposal.

3. If a contract is awarded, it will be awarded to the highest ranked Consultant determined to have

the qualifications, staff, and proposed approach that meets ACWD’s needs.

4. All Consultants will be notified of the result of the selection process.

12.0 CONSULTANT SELECTION SCHEDULE (Subject to Change)

Milestone Date

Post RFP on ACWD website September 10

Project Briefing September 17

Request for Clarifications Due September 22

Proposals due from Qualified Consultants October 1

Board Meeting to Recommend Award (anticipated) November 12

13.0 CONFIDENTIALITY

The District will require the execution of an RFP Non-Disclosure Agreement, located in Appendix

B, prior to releasing confidential documents and project information to the Proposer.

Reference is made to Section 1.0: INVITATION TO SUBMIT PROPOSALS.

All responses to this RFP become property of ACWD and will be kept confidential until a

recommendation for award of a contract has been announced. Thereafter, submittals are subject

to public inspection and disclosure under the California Public Records Act (Cal. Govt. Code

Sections 6250 et seq.) Therefore, unless the information is exempt from disclosure by law, the

content of any proposal, request for explanation, exception, or substitution, response to these

specifications, protest, or any other written communication between ACWD and any Consultant

regarding the procurement, shall be available to the public. Proprietary information should be

clearly identified so that it may be kept confidential. All other parts of the proposal are public

records after the recommendation for award of a contract has been announced.

14.0 DATA AVAILABLE FROM ACWD


Job No. 10104 14

The following data from ACWD is attached as follows:

Appendix A – Contract for Professional Services Agreement Standard Form

Appendix B – RFP Non-Disclosure Agreement

Appendix C – PG&E Service Data*

Appendix D – Single Line Diagrams*

Appendix E – Generator Deployment Plan*

Appendix F – ACWD AutoCAD Standards

* To be released upon execution of Non-Disclosure Agreement (See Appendix B) for release of

confidential documents/information for request for proposal.

APPENDIX A

CONTRACT FOR PROFESSIONAL SERVICES AGREEMENT

STANDARD FORM

ACWD RFP Exhibit A – Sample PSA 03/2017 1 MM/DD/YYYY XXXX Project Name

Agreement No. _______ CONTRACT FOR PROFESSIONAL SERVICES

THIS AGREEMENT is made as of ___________, 20__, by and between the ALAMEDA

COUNTY WATER DISTRICT (“DISTRICT”) and

(“CONSULTANT”), a corporation.

WHEREAS, the DISTRICT desires to obtain professional services in connection

with___________________________________________________ (“Project”), Job ,

and has issued a Request for Proposals dated , a copy of which is attached and

incorporated as Exhibit A.

WHEREAS, the CONSULTANT is ready, willing and able to furnish such services and

has submitted a proposal dated___________________, a copy of which is attached and

incorporated as Exhibit B.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. RENDITION OF SERVICES

The CONSULTANT agrees to provide professional services to the DISTRICT in

accordance with the terms and conditions of this Agreement. CONSULTANT

represents that it has all applicable licenses and certifications to provide the services

under this Agreement and that it will exercise the same degree of professional care,

skill, efficiency, and judgment ordinarily used by consultants providing similar

professional services. CONSULTANT at all times will comply with all federal,

state, and local laws, regulations, and policies applicable to the services performed

pursuant to this Agreement.

SAMPLE


2. SCOPE OF SERVICES

The scope of the CONSULTANT’s services shall consist of the services set forth

in Exhibit A, as supplemented by Exhibit B. However, to the extent that Exhibit B is

inconsistent with Exhibit A, Exhibit A will govern over Exhibit B.

3. SCHEDULE AND TIME OF COMPLETION

The term of this Agreement shall commence on the date the DISTRICT issues a

written Notice to Proceed and shall terminate when the services described in Exhibit

A, as supplemented by Exhibit B, have been satisfactorily completed, unless

terminated sooner pursuant to Section 15. CONSULTANT shall complete all tasks

as stated on Page(s) ______ of Exhibit A, as supplemented by Exhibit B, in

accordance with the Project Schedule shown on Figure _____ of Exhibit B.

4. OWNERSHIP OF WORK

All reports, designs, drawings, plans, specifications, and other materials prepared,

or in the process of being prepared, by CONSULTANT, its employees,

subcontractors, or agents under this Agreement (“Work Product”) shall be and are

the property of the DISTRICT (and) .

The DISTRICT (and)

shall be entitled to access and to copy the Work Product during the progress of the

work. If requested by DISTRICT, CONSULTANT shall deliver one copy of the

Work Product remaining in the hands of the CONSULTANT, or in the hands of any

subcontractor, upon completion or termination of the work.

SAMPLE


CONSULTANT assigns to DISTRICT all right, title, and interest in and to the

Work Product, including ownership of copyright in the Work Product. The

DISTRICT may utilize any material prepared or work performed by

CONSULTANT pursuant to this Agreement, including computer software, in any

manner which the DISTRICT deems proper without additional compensation to

CONSULTANT. CONSULTANT shall have no responsibility or liability for any

revisions, changes, or corrections to the Work Product made by the DISTRICT, nor

for any use or reuse of the Work Product for any purpose other than the Project

unless CONSULTANT accepts such responsibility in writing.

The CONSULTANT shall not disclose project related data or information without

the prior written consent of the DISTRICT. (and) .

5. USE OF SUBCONTRACTORS

CONSULTANT shall not subcontract any services to be performed by it under

this Agreement without the prior written approval of the DISTRICT, except for

. CONSULTANT may subcontract with service firms

engaged in drawing, reproduction, typing and printing without the prior written

consent of the DISTRICT. CONSULTANT shall be solely responsible for

reimbursing any subcontractors and the DISTRICT shall have no obligation to them.

6. CHANGES

The DISTRICT may, at any time, by written order, make changes within the scope

of work and services described in this Agreement. If such changes cause an increase

or decrease in the budgeted cost of or the time required for performance of the

agreed upon work, an equitable adjustment as mutually agreed shall be made in the

SAMPLE


limit on compensation as set forth in Section 9 or in the time of required

performance as set forth in Section 3, or both. In the event that CONSULTANT

encounters any unanticipated conditions or contingencies that may affect the scope

of work or services and result in an adjustment in the amount of compensation

specified herein, CONSULTANT shall so advise the DISTRICT immediately upon

notice of such condition or contingency. The written notice shall explain the

circumstances giving rise to the unforeseen condition or contingency and shall set

forth the proposed adjustment in compensation. This notice shall be given to the

DISTRICT prior to the time that CONSULTANT performs work or services related

to the proposed adjustment in compensation. The pertinent changes shall be

expressed in a written supplement to this Agreement prior to implementation of such

changes.

7. RESPONSIBILITY; INDEMNIFICATION

To the fullest extent permitted by law, CONSULTANT shall indemnify, keep and

save harmless the DISTRICT,

and its or their board members, officers, agents, and employees against any and all

suits, claims, actions, damages, liabilities, costs, and expenses (collectively,

“Liabilities”) for any personal injury (including death, bodily injury, emotional or

mental distress, and loss of consortium), property damage, intellectual property

infringement, or financial or economic loss that arises out of, pertains to, or relates to

the negligence, recklessness, or the willful misconduct of the CONSULTANT, its

employees, subcontractors, or agents to the extent that such Liabilities arise out of

the performance (or non-performance) of this Agreement. This duty to indemnify

SAMPLE


includes any proceedings, actions, damages, or penalties due to the violation of any

governmental law or regulation, the compliance with which is the responsibility of

the CONSULTANT, its employees, subcontractors, or agents. CONSULTANT

further agrees to defend any and all such actions, suits, or claims, and pay all charges

of attorneys and all other incurred costs and expenses relating to the investigation,

defense, negotiation, or settlement of any action, suit, or claim, and to reimburse the

DISTRICT for any and all legal and other costs and expenses incurred by the

DISTRICT in connection with the defense of such actions, suits, or claims. If any

judgment is rendered against the DISTRICT or any of the other individuals

enumerated above in any such action, CONSULTANT shall, at its expense, satisfy

and discharge the same to the extent that the judgment is based on the

CONSULTANT’s agreement to indemnify as set forth in this section. This

indemnification obligation will survive the termination of this Agreement.

CONSULTANT shall require its subcontractors to similarly indemnify, defend, and

keep and save harmless, the DISTRICT. (and) .

8. INSURANCE

A. Workers’ Compensation. CONSULTANT shall maintain during the term of this

Agreement Workers’ Compensation Insurance in conformance with the laws of

the State of California, and federal laws when applicable.

B. Bodily Injury, Death and Property Damage Liability Insurance. CONSULTANT

shall maintain during the term of this Agreement Commercial General Liability

Insurance (including automobile operation) covering CONSULTANT for

liability arising out of the operations of CONSULTANT and any subcontractors.

SAMPLE


The policy(ies) shall include coverage for all vehicles, licensed or unlicensed, on

or off DISTRICT’s premises, used by or on behalf of CONSULTANT on the

performance of work under this Agreement. The policy(ies) shall be subject to a

limit for each occurrence of One Million Dollars ($1,000,000) naming as

additional insureds, in connection with CONSULTANT’s activities, the

DISTRICT, and its or their board members, officers,

employees, and agents. The policy(ies) will be primary insurance and the

insurance companies providing the policy(ies) will be liable for the full amount

of any loss or claim for which CONSULTANT is liable up to and including the

total limit of liability, without right of contribution from any other insurance

effected or which may be effected by the District.

C. Professional Liability Insurance. CONSULTANT also shall maintain

Professional Liability Insurance covering CONSULTANT’s performance under

this Agreement with a limit of liability of One Million Dollars ($1,000,000) for

any one claim.

D. Evidence of Insurance. Prior to the commencement of any work under this

Agreement, CONSULTANT shall furnish to DISTRICT a satisfactory

Certificate of Insurance indicating compliance with the requirements of this

section. The Certificate shall stipulate that thirty (30) days advance written

notice of a cancellation or non-renewal of the required policy shall be given to

DISTRICT.

E. General Insurance Conditions. All policies will be issued by insurers acceptable

to the DISTRICT. The insurance will be issued by an insurance company

SAMPLE


authorized to do business in the State of California with a minimum “Best’s”

rating of A- VII, or equivalent, or as otherwise approved by the DISTRICT.

Workers’ Compensation coverage requirements may be met with the California

State Compensation Fund.

In the event a claim is made, the DISTRICT reserves the right to request

certified duplicate copies of all insurance policies required under this section.

9. PREVAILING WAGE

The services of the CONSULTANT required under this Agreement constitute a

“public works” project as defined by law. Therefore, the CONSULTANT agrees to

comply with all applicable prevailing wage requirements set forth in California

Labor Code Sections 1770 to 1781 inclusive. All workers employed on or in the

execution of the project shall be paid not less than the applicable current general

prevailing wage as determined by the Director of Industrial Relations. The current

General Prevailing Wage Determinations are on file at the DISTRICT’S office, are

available for inspection during regular business hours and shall be incorporated into

this Agreement. The CONSULTANT shall be responsible for the compliance of its

subcontractors.

The CONSULTANT’s attention is directed to the payroll records requirement of

Labor Code Section 1776, and CONSULTANT and its subcontractors will keep an

accurate payroll record, showing the name, address, social security number, work

classification, straight time, and overtime hours worked each day and week, and the

actual per diem wages paid to each worker in connection with services performed

SAMPLE


under this Agreement. The DISTRICT has not established a labor compliance

program. Responsibility for labor law enforcement remains with the Division of

Labor Standards Enforcement.

10. COMPENSATION

The CONSULTANT agrees to perform all of the services included in Section 2,

which services are further described as Tasks ( ) through ( ) on Pages ( - ) of

Exhibit B (on a lump sum basis) (on a time and materials basis), for a sum not to

exceed Dollars ($___________.00),

which sum shall include all labor, materials, taxes, profit, overhead, insurance,

subcontractor costs, and other costs and expenses incurred by the CONSULTANT.

Any additional services for additional compensation will be rendered only on the

DISTRICT’s prior authorization and will be billed at the CONSULTANT’s and its

approved subcontractors’ normal rate schedules, which are set forth in Section X of

Exhibit B.

The CONSULTANT’s Federal Taxpayer Identification No. is ______________.

11. MANNER OF PAYMENT

CONSULTANT shall submit monthly invoices, detailing the expenses incurred,

the services performed during the billing period, the hours worked and billing rate of

personnel performing these services, as well as the cumulative billings for the

Project. The DISTRICT shall make monthly payments to the CONSULTANT for

satisfactory services performed and the costs of such services within forty-five (45)

calendar days from the date the DISTRICT receives the CONSULTANT’s invoice.

SAMPLE


All invoices shall be sent by mail and addressed to the DISTRICT’s Project

Manager.

12. CONSULTANT’S STATUS

Neither the CONSULTANT nor any party contracting with the CONSULTANT

shall be deemed to be an agent or employee of the DISTRICT. (or)

_____________________________________________________.

CONSULTANT is and shall be an independent contractor, and the legal

relationship of any person performing services for the CONSULTANT shall be one

solely between that person and the CONSULTANT.

13. ASSIGNMENT

CONSULTANT shall not assign any of its rights nor transfer any of its

obligations under this Agreement without the prior written consent of DISTRICT.

14. DISTRICT WARRANTIES

The DISTRICT makes no warranties, representations or agreements, either

expressed or implied, beyond such as are explicitly stated in this Agreement.

15. DISTRICT REPRESENTATIVE

Except when approval or other action is required to be given or taken by the

Board of Directors of the DISTRICT, the General Manager of the DISTRICT, or

such person or persons as the General Manager shall designate in writing from time

to time, the Project Manager shall represent and act for the DISTRICT.

16. TERMINATION

SAMPLE


The DISTRICT shall have the right to terminate this Agreement at any time by

giving written notice to the CONSULTANT. Upon receipt of such notice, the

CONSULTANT shall not commit itself to any further expenditure of time or

resources.

If the Agreement is terminated for any reason other than a default by

CONSULTANT, the DISTRICT shall pay to CONSULTANT in accordance with

the provisions of Sections 9 and 10 all sums actually due and owing from DISTRICT

for all services performed and all expenses incurred up to the day written notice of

termination is given, plus any costs reasonably and necessarily incurred by

CONSULTANT to effect such suspension or termination. If the Agreement is

terminated for default, the DISTRICT shall remit final payment to CONSULTANT

in an amount to cover only those services performed and expenses incurred in full

accordance with the terms and conditions of this Agreement up to the effective date

of termination.

17. MAINTENANCE, AUDIT, AND INSPECTION OF RECORDS

The CONSULTANT shall permit the authorized representatives of the DISTRICT

to inspect, audit, make copies and transcriptions of books and all data and records of

the CONSULTANT relating to its performance under the Agreement.

18. RELEASE OF INFORMATION

CONSULTANT shall not release any reports or other information prepared in

connection with this Agreement without the approval of the General

Manager/Approver. Non-Disclosure requirements are identified in Exhibit X.

19. KEY PERSONNEL

SAMPLE


_________________ shall serve as the primary staff person of CONSULTANT to

oversee all of the services under this Agreement. (The other principal participants

shall be those individuals identified in Section X of Exhibit C).

20. NOTICES

All communications relating to the day to day activities of the project shall be

exchanged between the DISTRICT’s Project Manager and the CONSULTANT’s

Project Manager.

All other notices and communications deemed by either party to be necessary or

desirable to be given to the other party shall be in writing and may be given by

personal delivery to a representative of the parties or by mailing the same postage

prepaid, addressed as follows:

If to the DISTRICT: Alameda County Water District 43885 South Grimmer Boulevard PO Box 5110 Fremont, CA 94537-5110

Attention: _____________________, Title

If to the CONSULTANT: Company Name Address City, State, Zip Code

Attention: _____________________, Title

The address to which mailings may be made may be changed from time to time

by notice mailed as described above. Any notice given by mail shall be deemed

given on the day after that on which it is deposited in the United States Mail as

provided above.

21. ATTORNEYS’ FEES

SAMPLE


If any legal proceeding should be instituted by either of the parties to enforce the

terms of this Agreement or to determine the rights of the parties under this

Agreement, the prevailing party in said proceeding shall recover, in addition to all

court costs, reasonable attorneys’ fees.

22. APPLICABLE LAW

This Agreement, its interpretation, and all work performed under it shall be

governed by the laws of the State of California.

23. BINDING ON SUCCESSORS

All of the terms, provisions, and conditions of this Agreement shall be binding

upon and inure to the benefit of the parties and their respective successors, assigns,

and legal representatives.

24. SEVERABILITY

Should any provision, or portion of a provision, herein be found or deemed to be

invalid, this Agreement shall be construed as not containing such provision, or

portion of such provision, and all other provisions which are otherwise lawful shall

remain in full force and effect, and to this end the provisions of this Agreement are

declared to be severable.

SAMPLE


IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly

authorized officers as of the day and year first above written.

CONSULTANT: DISTRICT: FILL IN CONSULTANT’S NAME HERE ALAMEDA COUNTY WATER DISTRICT By: By: President or Vice President General Manager Name: Name: Robert Shaver By: ATTEST: Secretary or Assistant Secretary Name:

District Secretary

Note: Project Manager to specify which title block to use. Corporations have officers, i.e. President, Vice President, etc.; Partnerships have Principals.

SAMPLE

ACWD RFP Exhibit A – Sample PSA 03/2017 MM/DD/YYY XXXX Project Name

EXHIBIT A

PROPOSAL

EXHIBIT A

REQUEST FOR PROPOSALS FOR ENGINEERING DESIGN SERVICES

EXHIBIT B

PROPOSAL

FIGURE 1

PROJECT SCHEDULE

EXHIBIT B

RATE SCHEDULE

EXHIBIT C

KEY PERSONNEL

EXHIBIT D

NON-DISCLOSURE FORM (S) (Consultant NDA)

(Sub-Consultant NDA)

SAMPLE

ACWD PSA Consultant NDA 08/2016 1 of 2

NON-DISCLOSURE AGREEMENT

AND RELEASE OF CONFIDENTIAL DOCUMENTS/INFORMATION This Non-Disclosure Agreement (Agreement) is made as of this ______ day of _______________ 20____, between the Alameda County Water District (District) and Consultant (Consultant). WHEREAS, the District will make available certain Confidential Information, as defined below, to Consultant for the following purposes: to provide services or type in purposes for Project Title, Job XXXX. (“Disclosure Purposes”). WHEREAS, the Confidential Information is security sensitive information, the disclosure of which will cause irreparable damage to the District and the public. WHEREAS, the District will make available the Confidential Information to Consultant subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth in this Agreement, the parties agree as follows: 1. “Confidential Information” means all information received, directly or indirectly, pursuant to this Agreement

relating to the District or District facilities that the District informs the Consultant is confidential information, including without limitation the District’s list information to be provided.

“Confidential Information” also includes access the District provides the Consultant to restricted areas to view,

observe, and inspect District facilities that are not open to and not accessible to the public, and any and all photographs, drawings, sketches, plans, designs, notes, and narratives taken or prepared by Consultant of these District facilities in any form. The Consultant may not take photographs of any District facility unless expressly authorized by the District.

2. Consultant agrees to hold the Confidential Information in trust and confidence and Consultant agrees that the

Confidential Information will be used only as necessary for the Disclosure Purposes described above, and the Confidential Information will not be used for any other purpose. Consultant will not use the Confidential Information in any way, directly or indirectly, that is damaging or harmful to the District or District facilities. Consultant agrees not to disclose the Confidential Information to any third party without the express written consent of the District. District consents to the disclosure of Confidential Information to the following subconsultants: Subconsultants listed here. Prior to the disclosure of the Confidential Information to any subconsultant, including the subconsultant(s) approved above, Consultant must arrange for the subconsultant to execute a Non-Disclosure Agreement with the same terms and conditions as this Agreement and naming the District as a third party beneficiary of the Non-Disclosure Agreement. The Consultant must provide a copy of the Non-Disclosure Agreement signed by the subconsultant to the District before the Consultant discloses the Confidential Information to any subconsultant.

3. By accepting and using the Confidential Information, Consultant expressly agrees to treat the Confidential

Information as confidential. Consultant will implement safeguards and procedures to prevent the disclosure of the Confidential Information, including the following: (1) restricting disclosure of Confidential Information to Consultant employees on a “need to know” basis as necessary for the Disclosure Purposes; (2) marking the information as “CONFIDENTIAL” and providing Consultant’s employees adequate instructions with regard to the use and disclosure of the Confidential Information; and (3) treating and handling the Confidential Information with the same degree of care that the Consultant uses for its own confidential information.

4. Consultant may make copies or reproductions of the Confidential Information only for the purposes authorized

by this Agreement, and for no other purpose. Copies and reproductions in any form, including but not limited to paper copies and electronically formatted copies, of the Confidential Information shall not be made for or retained for distribution to any third party.

(TO BE INCLUDED WITH PROFESSIONAL SERVICES AGREEMENT) Info in Bold & Highlights to be filled by Office Staff – remove highlights when done but keep text bold. Delete this text box.

SAMPLE

ACWD PSA Consultant NDA 08/2016 2 of 2

5. All confidential information that is distributed or made available for review for an approved use shall be

recorded in a log by Consultant. The log shall include the name of each individual having access to the Confidential Information, the individual’s identification information (e.g., valid driver’s license number or identification card number), company name, address and phone number. Consultant must provide the District with the logs promptly upon request.

6. At the conclusion of the proposed work for which the Confidential Information was furnished, or upon demand

by District, the logs, all Confidential Information and any copies of the Confidential Information shall be given to District. Consultant may not retain copies of the Confidential Information for any purpose.

7. Consultant agrees that the Confidential Information will at all times remain the property of District and owned

by the District. 8. The District assumes no responsibility whatsoever with respect to the completeness, sufficiency, accuracy, or

interpretations of any Confidential Information that are provided to Consultant pursuant to this Agreement. In addition, District provides no warranty or guarantee, either express or implied, that the conditions indicated in the Confidential Information are representative of the actual existing site conditions or future as-built conditions of the subject location.

9. Consultant agrees to indemnify, defend, and hold harmless District, its directors, officers, employees, or agents

from and against any claims, damages, losses, liabilities, and cost suffered by the District arising from the Consultant’s breach of this Agreement.

10. The unauthorized disclosure or improper use of the Confidential Information by Consultant will cause

irreparable harm, and that in addition to any other legal rights and remedies, the District will be entitled to equitable remedies, including temporary and permanent injunctive relief, without the necessity of posting a bond or other security.

11. Consultant may not assign this Agreement without the express written consent of District. 12. The prevailing party in any action between the parties arising from this Agreement shall be entitled to recover,

in addition to any other relief awarded, its costs and expenses incurred in any such proceeding, including, without limitation, its reasonable fees for attorneys. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision.

13. This Agreement is governed by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers as of the day and year first above written. Consultant: District: CONSULTANT ALAMEDA COUNTY WATER DISTRICT By: By: Name: Name: Ed Stevenson Title: Title: Manager of Engineering and Technology Services cc: Consultant Original to File

For Office Use Only:

Received Stamp Received By:

ACWD SIGNATORY SHOULD BE THE DEPT. HEAD (WITHIN ETS, CAN BE DIVISION HEAD). Delete this text box.

SAMPLE

APPENDIX B

RFP NON-DISCLOSURE AGREEMENT

ACWD RFP NDA 07/2016 1 of 2

NON-DISCLOSURE AGREEMENT

AND RELEASE OF CONFIDENTIAL DOCUMENTS/ INFORMATION This Non-Disclosure Agreement (Agreement) is made as of this __ day of __________ 20__, between the Alameda County Water District (District) and _____________________________ (Consultant). WHEREAS, the District will make available certain Confidential Information, as defined below, to Consultant for the following purposes: to Arc Flash Study Including Site Surveys, Calculations, and Labeling, Job 10104 (“Disclosure Purposes”).

WHEREAS, the Confidential Information is security sensitive information, the disclosure of which will cause irreparable damage to the District and the public. WHEREAS, the District will make available the Confidential Information to Consultant subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth in this Agreement, the parties agree as follows: 1. “Confidential Information” means all information received, directly or indirectly, pursuant to this

Agreement relating to the District or District facilities that the District informs the Consultant is confidential information, including without limitation the District’s PG&E Service Data, Single Line Diagrams, and Generator Deployment Plan. “Confidential Information” also includes access the District provides the Consultant to restricted areas to view, observe, and inspect District facilities that are not open to and not accessible to the public, and any and all photographs, drawings, sketches, plans, designs, notes, and narratives taken or prepared by Consultant of these District facilities in any form. The Consultant may not take photographs of any District facility unless expressly authorized by the District.

2. Consultant agrees to hold the Confidential Information in trust and confidence and Consultant agrees that

the Confidential Information will be used only as necessary for the Disclosure Purposes described above, and the Confidential Information will not be used for any other purpose. Consultant will not use the Confidential Information in any way, directly or indirectly, that is damaging or harmful to the District or District facilities. Consultant agrees not to disclose the Confidential Information to any third party without the express written consent of the District. District consents to the disclosure of Confidential Information to the following subconsultants: ______________________________________________________ __________________________________________________________________________________. Prior to the disclosure of the Confidential Information to any subconsultant, including the sub-consultant(s) approved above, Consultant must arrange for the sub-consultant to execute a Non-Disclosure Agreement with the same terms and conditions as this Agreement and naming the District as a third party beneficiary of the Non-Disclosure Agreement. The Consultant must provide a copy of the Non-Disclosure Agreement signed by the subconsultant to the District before the Consultant discloses the Confidential Information to any subconsultant.

3. By accepting and using the Confidential Information, Consultant expressly agrees to treat the Confidential

Information as confidential. Consultant will implement safeguards and procedures to prevent the disclosure of the Confidential Information, including the following: (1) restricting disclosure of Confidential Information to Consultant employees on a “need to know” basis as necessary for the Disclosure Purposes; (2) marking the information as “CONFIDENTIAL” and providing Consultant’s employees adequate instructions with regard to the use and disclosure of the Confidential Information; and (3) treating and handling the Confidential Information with the same degree of care that the Consultant uses for its own confidential information.

4. Consultant may make copies or reproductions of the Confidential Information only for the purposes

authorized by this Agreement, and for no other purpose. Copies and reproductions in any form, including but not limited to paper copies and electronically formatted copies, of the Confidential Information shall not be made for or retained for distribution to any third party.

5. All confidential information that is distributed or made available for review for an approved use shall be

recorded in a log by Consultant. The log shall include the name of each individual having access to the Confidential Information, the individual’s identification information (e.g., valid driver’s license number or

ACWD RFP NDA 07/2016 2 of 2

identification card number), company name, address and phone number. Consultant must provide the District with the logs promptly upon request.

6. At the conclusion of the proposed work for which the Confidential Information was furnished, or upon

demand by District, the logs, all Confidential Information and any copies of the Confidential Information shall be given to District. Consultant may not retain copies of the Confidential Information for any purpose.

7. Consultant agrees that the Confidential Information will at all times remain the property of District and

owned by the District. 8. The District assumes no responsibility whatsoever with respect to the completeness, sufficiency, accuracy,

or interpretations of any Confidential Information that are provided to Consultant pursuant to this Agreement. In addition, District provides no warranty or guarantee, either express or implied, that the conditions indicated in the Confidential Information are representative of the actual existing site conditions or future as-built conditions of the subject location.

9. The unauthorized disclosure or improper use of the Confidential Information by Consultant will cause

irreparable harm, and that in addition to any other legal rights and remedies, the District will be entitled to equitable remedies, including temporary and permanent injunctive relief, without the necessity of posting a bond or other security.

10. Consultant may not assign this Agreement without the express written consent of District. 11. The prevailing party in any action between the parties arising from this Agreement shall be entitled to

recover, in addition to any other relief awarded, its costs and expenses incurred in any such proceeding, including, without limitation, its reasonable fees for attorneys. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision.

12. This Agreement is governed by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers as of the day and year first above written Consultant: District: __________________________________________ ALAMEDA COUNTY WATER DISTRICT By: By: Name: Name: Kurt Arends Title: Title: Manager of Operations and Maintenance cc: Consultant Original to File

For Office Use Only:

Received Stamp Received By:

APPENDIX C

CONFIDENTIAL INFORMATION: PG&E SERVICE DATA

(FOR REFERENCE ONLY)



APPENDIX D

CONFIDENTIAL INFORMATION: SINGLE LINE DIAGRAMS



APPENDIX E

CONFIDENTIAL INFORMATION: GENERATOR DEPLOYMENT PLAN



APPENDIX F

ACWD AUTOCAD STANDARDS

1

AutoCad 2018 Standards

1. Deliverables

a. Autocad and Autocad Civil3d files saved as version 2018 or older.

b. Xref files saved as version 2018 or older (autocad files, images, etc.)

c. All xref files shall be pathed with a RELATIVE PATH.

i. Xref drawing links are “broken” if Consultant’s xrefs are linked “FULL PATH.”

ii. Xref insert units is set to feet.

d. Drawing file submittals

i. Review Submittals

1. Autocad review submittals per ACWD Project Manager.

a. Autocad files

b. Xref files (Autocad files, images, etc.)

ii. Issued for Bid set

1. Stamped and signed 11”x17” and 22”x34” PDF files.

2. Revision “a” thru “z”

iii. Addendums


2. Revision “a” thru “z”

iv. Issued for Construction


2. Revision “0” (zero)

v. Revisions(after Issued for Construction) and Record Drawing Set/As-Built Set


2. Autocad 2015 files and xref files. Autocad files NOT stamped or signed.

3. Revision “1” thru “999”

2. Drawing Review Submittals (minimum)

a. 5% design and Autocad standards review.

b. 50% design and Autocad standards review.

c. 90% design and Autocad standards review.

3. Versioning and Revisions

a. Issued for Bid and Addendums = A through Z

b. Issued for Construction = 0

c. Revisions & As-built drawings (post-issued for construction) = 1 through 999

d. Revision Clouds:

i. The “Current Revision” of a drawing is most recent entry in revision block of the

titleblock.

ii. Clouded revisions on the drawing should only reflect the current revision. Old

revision clouds shall be removed from drawing.

iii. Revision cloud(s) on the drawing shall be noted with a Delta & revision letter or

number.

4. Drawing Scale

a. Drawings shall be developed at 1:1 scale in model space.

b. Drawings are scaled in paper/layout space through viewports.

2

2. Title Blocks

a. Drawing Sheet Template:

i. ACWD Titlesheet 22x34 - 2018.dwg

b. Titlesheet Template:

i. ACWD Titlesheet 22x34 - 2018.dwg

c. File names shall be the drawing number. Drawing numbers are assigned by ACWD.

eg. With a drawing number of M-06D-01-01, the file name

should be M-06D-01-01.dwg

d. Sheet Number

i. Sheet number box can be numerical or alpha-numeric (discipline letter + sheet

no.).

ii. Sheet number in “Drawing Number” must be numerical.

iii. Sheet number in “File Name” must be numerical.

e. ACWD title blocks shall be inserted in paper space.

f. The bottom/left corner of the title block shall be at coordinates 0,0.

g. Limits to be set to (0,0), (34,22). ACWD plot specs are configured to plot by limits.

3. Drawing limits shall be set at (0,0) (34,22).

4. Text

a. Text, dimensions and callouts are drawn in paper space.

b. Text style - Romans

c. General text height - 0.125.

i. Text height for plan & profile and topo maps – 0.10

ii. Text must be legible on half-size prints (11x17).

d. Text color - pen 2 (yellow)

5. Lineweight

a. ACWD plot specs are configured to print/plot “lineweight by color.”

See drawing ACWD Lineweight by Color 2018 - CONSULTANT REFERENCE

INFO.dwg.

b. All lineweight widths for each layer to be set to “bylayer.”

c. All colors shall be set to “bylayer.”

d. All linetypes shall be set to “bylayer.”

e. ACWD color/lineweight standards:

i. Object lines - pen 3 or 4

ii. Dimensions and text - pen 2

iii. Centerlines and small details - pen 1

iv. Text height smaller than .125 – pen 1

v. Screened lines – pens 10 through 20

6. ACAD Files Included (2D drawings)

3

a. ACWD Titlesheet 22x34 - 2018.dwg - Main title sheet for project. Includes

Company Name, Project name, Job Number, Date, Board members, Location/vicinity

map, and Sheet index. Title border same as title block for other drawings.

(note: Location/vicinity maps to be updated and revised to reflect project

requirements.)

b. ACWD Abbrev01 TEXT 2013.dwg - Abbreviation legend sheet. To be updated and

revised to reflect project requirements.

c. ACWD Abbrev02 PID 2013.dwg - P&ID abbreviation and symbol sheet. To be

updated and revised to reflect project requirements.

d. ACWD Abbrev03 INSTRUMENTATION 2013.dwg – Electrical Instrumentation

Abbreviation and symbol sheet. To be updated and revised to reflect project

requirements.

e. ACWD Abbrev04 INSTRUMENTATION SYMBOLS 2013.dwg – Electrical

Instrumentation abbreviation and table. To be updated and revised to reflect project

requirements.

f. ACWD Titleblock 22x34 - 2018.dwg – Drawing sheet template with titleblock.

g. Font files

i. Romans.shx,

ii. romant.shx, (on title sheet only)

iii. romand.shx,

iv. sanssb__.ttf (SansserifBold) (On title sheet only)

h. ACWD Lineweight by Color 2018 - CONSULTANT REFERENCE INFO.dwg –

Line weight by color chart

i. ACWD Titleblock Margins 2018 - CONSLTANT REFERENCE INFO.dwg –

Title block plot position on 22x34 paper.

j. Graphic scale files – File: ACWD graphic scales01.dwg

k. ACWD 22x34 2013.ctb – Full size (22”x34”)

l. ps2502.dwg – Detail/Section Callout

m. Electrical-PID Symbol Library-Legend Sheet – P&ID and Electrical symbol

library.

6. Drawing Numbers, Project Numbers, & Job numbers

a. To be assigned by Alameda County Water District.

7. Color

a. Color to be set on all layers to bylayer on drawings.