East Bay Municipal Utility District Request for Statement of … · EBMUD has been upgrading its 11 digesters using a phased approach over the past 15 years. Phase 1 and Phase 2 focused

East Bay Municipal Utility District

Request for Statement of Qualifications and Proposals (RFQ/RFP)

To Provide Engineering Services

For

Digester Upgrade Project, Phase 3 Design

Contact Person: Matt Hoeft, Associate Civil Engineer Phone Number: (510) 287-0214 E-mail Address: [email protected]

RESPONSE DUE by

4:00 p.m. on

August 11, 2017 at

EBMUD 375 Eleventh St., MS 702

Oakland, CA 94607 Attention: Matt Hoeft

EBMUD

375 11th Street Oakland, CA 94607

www.ebmud.com

Request for Statement of Qualifications and Proposals Digester Upgrade Project, Phase 3 Design

Revision 0 ii

Table of Contents SECTION 1 – PROJECT BACKGROUND, OBJECTIVES AND SCHEDULE ............. 3

1.1 BACKGROUND ...................................................................................................... 3 1.2 OBJECTIVES ........................................................................................................... 6 1.3 RFQ/RFP PROCESS ................................................................................................ 7 1.4 PROPOSED SCHEDULE ........................................................................................ 7

SECTION 2 – SCOPE OF WORK ..................................................................................... 9 SECTION 3 – REQUEST FOR QUALIFICATIONS (RFQ) .......................................... 19 QUALIFICATIONS EVALUATION AND SELECTION .............................................. 19 SECTION 4 – PROPOSAL FORMAT AND INSTRUCTIONS ..................................... 27 SECTION 5 – PRE-PROPOSAL MEETING AND PLANT TOUR??? .......................... 30 SECTION 6 – CONTRACT EQUITY PROGRAM ........................................................ 31 SECTION 7 – SAMPLE CONSULTING AGREEMENT ............................................... 32

List of Figures Figure 1. MWWTP Process Flow Diagram Appendices


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SECTION 1 – PROJECT BACKGROUND, OBJECTIVES AND SCHEDULE 1.1 BACKGROUND Overview The East Bay Municipal Utility District (EBMUD) is a publicly-owned utility formed under California’s Municipal Utility District Act (MUD Act). Voters in the East San Francisco Bay Area created EBMUD in 1923 to provide water service. In 1944, voters decided to create Special District No. 1 to treat wastewater for six East Bay cities. Wastewater treatment began in 1951. EBMUD has a seven-member Board of Directors, publicly elected from wards within its service area. The Board and staff are committed to preserving the region’s resources and setting industry standards for the way water and wastewater utilities conduct themselves. EBMUD is a customer-oriented and environmentally-sensitive public agency. EBMUD provides wastewater services for the cities of Alameda, Albany, Berkeley, Emeryville, Oakland, Piedmont, and the Stege Sanitary District, which includes El Cerrito, Kensington, and part of Richmond. The wastewater system serves approximately 680,000 people in an 88-square mile area. The wastewater system includes approximately 29 miles of sewer interceptors, seven miles of sewer forcemains, 15 pumping stations, three wet weather facilities, and the Main Wastewater Treatment Plant (MWWTP). The MWWTP is a high-purity oxygen, activated sludge (HPOAS) plant with an annual average daily flow of approximately 50 million gallons per day (MGD). The primary and secondary treatment process capacities are 320 MGD and 168 MGD, respectively. The peak wet weather flow rate is 415 MGD, which includes short-term diversion of 95 MGD to the onsite, 11 million gallon (MG) wet weather storage basin during peak wet weather events. The MWWTP liquid process train includes coarse and fine bar screens, aerated and vortex grit chambers, primary sedimentation basins, HPOAS reactors, secondary clarifiers, disinfection, recycled water facilities, and dechlorination. The solids process train includes scum thickening, secondary solids thickening using gravity belt thickeners, anaerobic digestion, and digested solids dewatering using centrifuges. A schematic of the treatment process is shown in Figure 1. Treated final effluent from the MWWTP is discharged through a deep water outfall located approximately 1.2 miles off the East Bay shoreline immediately south of the San Francisco-Oakland Bay Bridge. Biosolids are hauled off-site for beneficial reuse as either alternative daily cover at nearby landfills or as a soil amendment at land application sites.


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Figure 1 – MWWTP Process Flow Diagram


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[This page left intentionally blank.]


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Background – Digester Upgrades EBMUD has been upgrading its 11 digesters using a phased approach over the past 15 years. Phase 1 and Phase 2 focused on the eight first-stage digesters. Phase 1, completed in 2008, included cover replacement, coating installation, and mixing improvements to Digester Nos. 6, 9, 10, and 11. Phase 2, completed in 2014, included the cover replacement, coating installation, and mixing improvements for Digester Nos. 5, 7, 8, and 12, as well as the addition of a high-strength waste receiving station, blend tanks for blending high-strength waste with municipal sludge, and a new digester feed system. The remaining digesters, Digester Nos. 2, 3, and 4, are currently used as the second-stage digesters and were three of the four original digesters built at the MWWTP. The fourth, formerly Digester No. 1, has been converted to a hypochlorite storage area. Previous evaluations have concluded that Digester Nos. 2, 3, and 4 are vulnerable to failure in the event of an earthquake due to their structural design. Phase 3 Overview Phase 3 of the Digester Upgrade Project will construct seismic retrofits to reduce the life safety risk during a seismic event for these digesters, and will replace the existing covers on Digester Nos. 3 and 4 with new dual membrane covers to increase biogas storage. Seismic improvements are also possibly required for the adjacent hypochlorite storage area, which was originally Digester No. 1, and the work will include determining what seismic retrofit improvements are necessary for that structure. In addition to these improvements, piping and other miscellaneous improvements will be implemented for the addition of mixing equipment in a subsequent phase. The scope of work will also include analysis of the existing high-strength waste receiving station (station) to determine improvements that would reduce contamination and grit from entering the blend tanks and digesters from that facility. The station accepts fats, oils, and grease (FOG) and other liquid high-strength wastes, and contributes a significant portion of grit and contamination to the digester feed system, the blend tanks, and the digesters. This contamination and grit damages equipment and reduces usable volume in the digesters. If the analysis concludes that improvements to the station could be implemented to reduce these problems, the scope of work for the design could be expanded to include those improvements. 1.2 OBJECTIVES The objectives of the project are the following:

• Improve seismic reliability of Digester Nos. 2, 3, and 4 and the adjacent hypochlorite storage area.

• Replace digester covers for Digester Nos. 3 and 4 to improve biogas management and increase short-term biogas storage.

• Provide piping improvements to allow for future external pump mixing upgrades in Digester Nos. 2, 3, and 4.

• Determine potential improvements to the blend tank receiving station to protect downstream equipment by removing contamination and grit.


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1.3 RFQ/RFP PROCESS The East Bay Municipal Utility District requests both a Statement of Qualifications (SOQ) and a Proposal from firms interested in participating in the consultant selection process for the Digester Upgrade Project, Phase 3. Consultant selection will be completed in a three-step process:

1. SOQs will be reviewed to determine which firms meet the minimum qualifications outlined in Section 3.

2. Proposals from only those firms that meet the minimum qualifications will be evaluated and ranked by a consultant selection panel based on criteria outlined in Section 3.

3. Firms that best meet the specified criteria will be invited to a project interview. Final consultant selection will be based on information provided in the proposals and interviews.

1.4 PROPOSED SCHEDULE The proposed schedule for the consultant selection process is as follows. Consultant Selection Issue RFQ/RFP July 21, 2017 Pre-Proposal Meeting/MWWTP Site Walk July 27, 2017, 11:00 am Proposals due August 11, 2017 Notify firms selected for interviews August 15, 2017 Interviews August 21-25, 2017 Select consultant or consultant team August 30, 2017 Negotiate contract August 31-September 14, 2017 Board approval October 10, 2017 Notice to proceed October 11, 2017 The proposed schedule for key project milestones is as follows. Project Milestones Project Kickoff October 16, 2017 Preliminary Design Report January - February 2018 50% Design Submittal June 2018 90% Design Submittal September 2018 100% Design Submittal November 2018 Bid Period December 2018 - February 2019 Construction Notice to Proceed April 2019


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1.5 PRE-PROPOSAL MEETING AND MWWTP SITE WALK Prospective proposers are invited to a non-mandatory, pre-proposal meeting and site walk of the facilities relevant to the project. The meeting will be an opportunity for EBMUD staff to describe the project scope of work and answer any questions from prospective proposers. The pre-proposal meeting will be held at the following location, date and time: Location: 2020 Wake Avenue Oakland, CA 94607 Date: July 27, 2017 Time: 11:00 am Attendees are asked to RSVP to the Project Manager, Matt Hoeft by email ([email protected]). Attendees may park to the right of the entry gate in the visitor parking lot, and then walk over to the Security Station to check in with the guard.

mailto:[email protected]


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SECTION 2 – SCOPE OF WORK EBMUD is seeking a consultant to provide engineering and design services for upgrades to digesters at the MWWTP, including engineering analysis, design, and preparation of bid documents for construction. EBMUD has previously completed two phases of digester upgrades. Phases 1 and 2 included work on the first-stage digesters, Digester Nos. 5, 6, 7, 8, 9, 10, and 11. Improvements included replacing floating covers with fixed covers and a new dual membrane cover, adding piping and equipment to improve mixing, addition of a high-strength waste receiving station and two blend tanks, improvements to the electrical system, upgrades to the Power Generation Station controls equipment, as well as other miscellaneous improvements. The Digester Upgrade Project, Phase 3 will include the following items:

• Seismic retrofits for Digester Nos. 2, 3, and 4, with the option to retrofit the hypochlorite storage area (formerly Digester 1) after analysis shows the need.

• Removal of existing floating covers on Digesters 3 and 4 to be replaced with dual membrane covers.

• Piping to allow for future mixing equipment for Digesters 2, 3, and 4 as part of a subsequent upgrade project.

• Recommendations, in the form of a technical memorandum (TM), for improvements to the high-strength waste receiving station to provide better contamination and grit removal.

• Modifications to the digesters to improve accessibility for digester cleaning. • Optional services: improvements to facilities and features constructed in Phase 2 that

were either not completed or could improve operation of the current systems.

EBMUD may require that the final design be split into multiple bid packages as a way to accelerate the implementation schedule. The determination of the number of bid packages will be made during the Pre-Design portion of the work, after the Consultant has provided recommendations regarding the various retrofits and modifications. The Optional Services task (Task 9) will include preparation of a separate design package. For the seismic retrofit work, the consultant will build on work previously done by other consultants and EBMUD staff. The following documents are available for review by the proposer as background for development of the seismic retrofit design:

• “Technical Memorandum No. 1 – Structural Evaluation,” EBMUD Digester Repairs and Improvements Project, December 2001, CH2MHill

• “EBMUD Digesters 5-12 Technical Memorandum,” February 12, 2002, CH2MHill • “Digester No. 2 Corrosion Inspection,” July 23, 2003, EBMUD • “Digesters 2, 3, and 4 Preliminary Seismic Evaluation,” August 5, 2014, Brown &

Caldwell • “Digesters 3 and 4 Condition Assessment Review,” Digester Upgrades Planning,

December 18, 2014, Brown & Caldwell


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• “Digesters 2- 4 Seismic Evaluation: Response to Brown & Caldwell Analysis,” October 10, 2014, EBMUD

These documents are available for download on the EBMUD website at the following address: http://www.ebmud.com/business-center/requests-proposal-rfps/. Based on the analyses completed to date, the recommended seismic retrofit for Digester Nos. 2, 3, and 4 is an internal curb to connect the walls to the foundation to resist sliding and loss of tank contents. ANTICIPATED CONSULTANT SERVICES The Consultant shall perform the following tasks: Task 1: Project Management The Consultant shall coordinate engineering analysis and design work with EBMUD; attend meetings; manage quality control and assurance; prepare deliverables; and provide documents and invoices as necessary to effectively manage this project. The Consultant shall be responsible for project coordination and communication with the project team, subconsultants, and EBMUD to facilitate evaluation and development efforts. The Consultant shall conduct a kickoff meeting and other meetings and workshops with EBMUD, including representatives from EBMUD’s operations, maintenance, engineering, and other divisions. The Consultant shall conduct a minimum of eight meetings and one workshop during the course of the project, generally scheduled following submittal of key draft deliverables. The following key meetings are anticipated: Project Kick-Off Meeting Blend Tank Improvements TM Discussion Meeting Seismic Retrofit Recommendations and Environmental, Health, Safety and Security

Checklist Meeting Preliminary Design Workshop 50% Design Submittal

o User Group Meeting (one to two weeks after submittal) o Management Briefing (one to two weeks after User Group meeting)

90% Design Submittal Meeting o RCO Meeting o User Group Meeting o Management Briefing

100% Design Submittal Management Briefing Management Briefing – Status Update Management Briefing – Final

The Consultant shall prepare an overall project schedule and update the schedule on a monthly basis. The Consultant shall create and maintain an Issues and Decisions Log, prepare monthly project status reports and invoices, and coordinate deliverables. The Consultant shall submit all deliverables in draft and final form according to the following submittal requirements:


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Draft Deliverables: The Consultant shall prepare draft documents, each of which shall include the task-required information. The Consultant shall provide eight hard copies and one electronic copy (in PDF format) of each draft document. The Consultant shall allow two weeks for EBMUD to review and provide comments on Technical Memoranda and three weeks for EBMUD to review and provide comments on design submittals. Final Deliverables: The Consultant shall prepare final documents, addressing and incorporating comments received from EBMUD on the draft versions. The Consultant shall provide eight hard copies of each final document. The Consultant shall also include an electronic version (PDF) of each document, and each document in its source file format.

Task 2: High-Strength Waste Receiving Station Improvements Analysis The existing high-strength waste receiving station was constructed as part of Phase 2. Digester feed pumps that were also installed as part of Phase 2 have experienced considerable wear and damage due to contamination coming from trucked wastes that are delivered to the station, resulting in high repair costs. Grit and contamination from trucked waste fills up receiving tanks, particularly the FOG receiving tank, very quickly—within a week of being cleaned. Grit also passes through the feed pumps and travels to the digesters and settles out, primarily in the second-stage digesters, filling the bottoms of the digesters and reducing their usable volumes. Improvements to the receiving station could reduce pump repair costs, reduce the need for frequent cleaning of the station receiving tanks, and improve digester operation. The Consultant shall review and analyze the existing configuration of the high-strength receiving station to identify improvements that could capture more contamination and grit, reducing costs and reducing the need for frequent operator attention at the station. The Consultant shall prepare a TM that describes improvements that could be made to the receiving station, as well as related facilities including the blend tanks, digester feed pumps, and other equipment, in order to capture contamination and grit prior to entering the blend tanks and digesters. The analysis and TM will include the following:

• Evaluation of the addition of grit/contamination removal equipment upstream of the receiving tank, in a side loop at the Blend Tanks, or in other locations in the process train, as applicable.

• Evaluation of improvements to the receiving tank to promote easier cleaning and removal of accumulated grit/contamination.

• Recommendations for digester feed pump equipment selection. • Modifications to recirculation pump suction piping to improve operation. • Capital and operations and maintenance (O&M) cost estimates for all options evaluated.

EBMUD will determine whether the improvements recommended in the memo will be included, possibly in the scope of the final design for the Phase 3 work or in a separate bid package. Deliverables: The Consultant shall prepare a “High-Strength Waste Receiving Station Improvements TM” summarizing the analysis, cost estimates, and recommendations required


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under this task. Any recommendations accepted by EBMUD shall be included in the Preliminary Design Report as part of Task 4.4. Task 3: Digester Cleaning Improvements Recommendations

Task 3.1: Digester Modifications for Cleaning The Consultant shall prepare a review the existing design of Digester Nos. 2, 3, and 4 to determine what improvements can be made to improve access to the interior of the structures for periodic cleaning. The existing 24-inch by 18-inch elliptical manways limit the size of materials, equipment, and scaffolding that can be used within the digesters, resulting in greater costs and complexity during each cleaning. The Consultant shall provide recommendations for modifications to the structures for inclusion in the final design, with consideration of impacts to the existing structural integrity of the digesters and the cost to implement. The Consultant shall draw from experience with designs on projects at other plants to provide recommendations that have demonstrated success in improving digester cleaning operations.

Task 3.2: Assessment of Digester Cleaning Approach and Equipment The Consultant shall review existing approaches to digester cleaning, including approaches used by other public agencies and private companies. Considering safety, cost, and schedule, the Consultant will recommend improvements to facilities and new equipment to improve digester cleaning operations. Modifications to facilities may include the digesters, piping system, and process water supply.

Deliverables: The Consultant shall prepare a “Digester Cleaning Improvements TM,” summarizing the review of the current design, analysis of potential improvements, cost estimates, and recommendations. Any recommendations accepted by EBMUD shall be included in the Preliminary Design Report as part of Task 4.4. Task 4: Preliminary Design The Consultant shall perform preliminary design services to define the design criteria, project area, general arrangement, preliminary equipment selection, preliminary cost estimate, list of drawings, list of specifications, and other details of the final design. EBMUD will provide background documentation relevant to the project, including previous seismic vulnerability assessments of Digester Nos. 2, 3, and 4, and the hypochlorite storage area. The work will be conducted under the following tasks, and compiled into a Preliminary Design Report that will serve as the basis of design for the project. Task 4.1: Kick-Off Meeting

A four hour kickoff meeting will be conducted with EBMUD staff and up to six consultant staff. The purpose of the meeting is to confirm the understanding of the scope, review previous relevant work conducted by EBMUD and previous consultants, identify outstanding issues and decisions, identify potential risks and mitigations, discuss the project schedule, and discuss coordination protocol between the Consultant and EBMUD.


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Deliverable: The Consultant shall prepare an agenda for the meeting, presentation slides as needed, meeting minutes following the meeting, and a decision and action item log. Task 4.2: Seismic Retrofit Evaluation and Recommendations The Consultant shall review previous work, conducted by EBMUD and other consultants, and analyze the design and as-built state of Digester Nos. 2, 3, and 4 and the hypochlorite storage area, and provide design criteria and recommendations for seismic retrofits for the four structures. The recommendations will be presented to EBMUD staff at a meeting so that EBMUD can approve the improvements that will be included in the scope of work and documented in the Preliminary Design Report. Deliverable: The Consultant shall prepare an agenda for the Seismic Retrofit Recommendations meeting, presentation slides as needed, meeting minutes following the meeting, and a decision log documenting what work shall be included in the Preliminary Design Report. Task 4.3: Environmental, Health, Safety and Security Compliance Checklist EBMUD will prepare an Environmental, Health, Safety and Security Compliance Checklist (Checklist) with support from the Consultant. The Consultant shall attend a mandatory meeting with EBMUD’s Regulatory Compliance Office (RCO) to discuss the information required for the Checklist. That meeting will occur on the same date at the Seismic Retrofit Recommendations meeting. Deliverable: The Consultant shall prepare an agenda for the Environmental, Health, Safety and Security Compliance Checklist Meeting, presentation slides as needed, meeting minutes following the meeting, and a decision and action item log. Specification stating requirements as determined by EBMUD following the completion of the Checklist will be included in the scope under Task 4: Final Design. Task 4.4: Preliminary Design Report The Consultant shall do all work necessary to prepare a complete Preliminary Design Report that defines the following:

• Scope of work for final design and description of recommended design project • Project objectives • Design criteria • Project area, civil site plan, and general arrangement of new and retrofitted

facilities • Process description and process flow diagram • Equipment sizing and functional calculations • Preliminary equipment selection and allowable vendors • Evaluation of any alternatives • Electrical single line diagram and preliminary electrical site plan


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• Preliminary construction cost estimate • List of drawings • List of specifications • Implementation schedule • Potential project constraints, including evaluation of:

o Outage requirements o Sequencing requirements during construction o Bid package alternatives (e.g., whether there are advantages to multiple

bid packages to speed implementation or reduce cost)

Deliverable: The Consultant shall prepare draft and final versions of the Preliminary Design Report. The Consultant shall keep a review comments log, documenting all EBMUD comments, the Consultant’s responses to those comments, and changes made to the final version of the Report due to those comments.

Task 5: Final Design The project will include the detailed design as defined in the Preliminary Design Report. The work shall include, at a minimum, process/mechanical, structural, civil, geotechnical, electrical, and instrumentation and controls (I&C) design. The design may also include, at EBMUD’s discretion, additional items intended to improve work done as part of the previous Phase 2 project. Any additional work shall be developed under Task 7: Optional Services, and required drawings will be included in the contract documents under this task. Design services shall include preparation of any necessary calculations, engineered drawings/plans, and technical specifications required to communicate to the construction contractor the facilities that are to be constructed. Technical specifications shall be prepared by the Consultant in the modified Construction Specifications Institute (CSI) format and shall be submitted in both Word document and PDF formats. Design drawings shall be submitted to EBMUD in Microstation format to comply with EBMUD’s Wastewater Department Computer Aided Design and Drafting (CADD) Standard Guidelines. PDF copies shall be submitted as well. Process and Instrumentation Drawings (P&IDs), equipment lists, and instrumentation lists shall be prepared using Rebis software, to comply with the CADD Standard Guidelines. Contract (i.e., “front end”) specifications shall be generated by EBMUD. Requirements for the specific design discipline areas are as follows:

General/Civil. The Consultant shall prepare site, civil, grading, paving, and underground piping drawings and related technical specifications for the project area. Geotechnical. There is no geotechnical work expected for this design. EBMUD shall provide existing geotechnical reports for the Consultant’s use.


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Surveying. There is no new surveying work required for this design. The Consultant shall use control and locations from existing record drawings or as otherwise provided by EBMUD. Structural. The Consultant shall prepare drawings and specifications for structural and seismic retrofit design elements. Structural design will include modifications to the interface between the digester walls and the respective foundations, and potentially other modifications, as defined in the Preliminary Design Report. Structures shall be designed to sustain operating load, earthquake forces, and life safety design criteria in accordance with Universal Building Code (UBC), America Concrete Institute Manual of Practice, Steel Design Manual, and any other applicable code requirements. Process/Mechanical. The Consultant shall prepare the design of process and mechanical facilities, including gas and liquid piping, equipment, and appurtenances. The Consultant shall confirm capacity, sizing, and number of equipment items for the new dual membrane covers, piping to accommodate future mixing equipment, any process equipment and piping included in the scope per accepted recommendations from the High-Strength Waste Receiving Station Improvements TM, and any other related facilities included in the scope per the Preliminary Design Report. Electrical. Electrical design shall be based on National and California Electric Codes. Consultant shall prepare electrical drawings and specifications for inclusion in the contract documents. Electrical systems design shall include power requirements, power distribution at 480 volts and lower, lighting, grounding, and temporary power (as necessary). I&C. Instrumentation design includes the design of equipment control systems and all required instrumentation to facilitate those controls. The Consultant shall prepare I&C drawings and specifications for inclusion in the contract documents. The I&C design will include development of control narratives and control strategies. Control strategies shall be prepared to describe Programmable Logic Controller (PLC)/Distributed Control System (DCS) functions. I&C devices shall be shown on the electrical plans. An instrumentation index and an input/output (I/O) list shall be included in the specifications. I&C design shall include coordination with EBMUD’s Westinghouse DCS system. EBMUD shall perform interconnection diagrams for the DCS once the Consultant has developed the I/O list.

The final design shall be developed with the following design submittals: Task 5.1: 50% Design Submittal

The 50% Design Submittal shall include the following at a minimum:

• Title page with drawing list • All drawings to scale and with appropriate dimensions shown • Civil site plans and major civil details


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• Mechanical plans with key sections and details • Structural plans and sections • Electrical plans and single line diagram • Complete P&IDs • Control strategy descriptions • Temporary and permanent utility relocation plans (as applicable) • Major technical equipment specifications • 50%-level construction cost estimate • Updated project implementation schedule

Deliverable: The Consultant shall prepare draft and final 50% Design Submittals. The Consultant shall keep a review comments log, documenting all EBMUD comments, the Consultant’s responses to those comments, and changes made to the final version of the 50% Design Submittal due to those comments. Task 5.2: 90% Design Submittal The 90% Design Submittal shall include the following:

• Final drawings (plans, sections, details, diagrams, P&IDs) for all discipline areas • Final specifications including complete front-end specifications (provided by

EBMUD) with assistance from the Consultant to identify project constraints • Updated 90%-level construction cost estimate • Updated project implementation schedule • TM with completed control strategies and analog loop descriptions • Any relevant engineering calculations • TM with recommendations for construction inspection, startup, and testing for the

project identifying any specialized inspection, factory acceptance testing, field testing, special warranty inspections, etc.

Deliverable: The Consultant shall prepare draft and final 90% Design Submittals. The Consultant shall keep a review comments log, documenting all EBMUD comments, the Consultant’s responses to those comments, and changes made to the final version of the 90% Design Submittal due to those comments. Task 5.3: 100% Design Submittal The 100% Design Submittal shall include the following:

• Incorporation of User Group and Management comments from the 90% design. • All final drawings and specifications, cost estimate, and implementation schedule. • 100% Management briefing


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Deliverable: The Consultant shall prepare draft and final 100% Design Submittals. The Consultant shall keep a review comments log, documenting all EBMUD comments, the Consultant’s responses to those comments, and changes made to the final version of the 100% Design Submittal due to those comments. The Consultant shall prepare agenda, presentation slides, and meeting minutes from the 100% Management briefing. The Consultant shall record all decisions made at the briefing and create an action item log that will be incorporated into the contract documents following the meeting, as applicable.

Task 6: Bid Period Services The Consultant shall attend a pre-bid meeting and respond to questions from prospective bidders as requested by EBMUD, and will prepare meeting notes and addenda as necessary. The Consultant shall also review and reply to equipment substitution requests from prospective bidders. EBMUD will print and distribute any addenda produced during the bid period. Task 7: Engineering Services During Construction The Consultant shall provide engineering services during construction (ESDC) for the project, including the following items:

• Issue Resolution – This service will involve responding to Requests for Information (RFIs) from the Contractor. The Consultant will issue necessary clarifications, interpretations, and re-design of the Contract documents, as appropriate for the orderly completion of the work.

• Submittal Review – The Consultant shall review (or take other appropriate action in respect of) shop drawings, material and equipment data sheets, engineering calculations, and other data which the Contractor is required to submit per the Contract Documents.

• Change Order Assistance – The Consultant shall design, review, and consult with EBMUD on change orders to the Contract Documents.

• QC Monitoring and Site Visits – The Consultant shall conduct periodic site visits for observational purposes during construction.

• Start-Up Assistance – The Consultant shall assist the Contractor to perform system testing. Assistance will include electrical and control system installation and related work.

• Schedule Review and Analysis – The Consultant shall assist EBMUD in reviewing the Contractor’s baseline schedule and subsequent updates and final schedule.

• O&M Manual Support – The Consultant shall assist EBMUD in the review and preparation of operations and maintenance manuals.

• Record Drawings – At the completion of the project, the Consultant shall prepare and submit Final Record Drawings to EBMUD.


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Task 8: Lead and Asbestos Abatement and Hazardous Materials/Soils The Consultant shall receive and review reports from EBMUD, prepared by others, regarding the location of lead and asbestos in the existing digesters and hazardous materials in the soils that may be impacted by the work. The Consultant shall prepare specifications that identify the location of lead, asbestos, and hazardous soils in the areas of work, and identify the requirements for the Contractor. No drawings will be prepared or modified for this task. EBMUD has draft versions of standard specifications for this type of work. The Consultant shall meet with EBMUD RCO staff following the 90% design to review the overall project’s scope of work, discuss any known hazards in the area, recommend any additional sampling and analysis needed, and review the recommended abatement work. Deliverable: Specifications for abatement of lead, asbestos, and hazardous soils in the areas of work, to be included in the final bid package. Task 9: Optional Services EBMUD reserves the option to request additional services from the Consultant, including, but not limited to, the following:

• Design of improvements to the facilities constructed as part of Digester Upgrade Phase 2, including, but not limited to:

o I&C conduit installation to improve controls of Phase 2 equipment, o Improvements to the digester passive overflow system, and o Improvements to the piping arrangements in the high-strength waste receiving

station. • Final design of additional facilities to improve contamination and grit removal from

trucked wastes delivered to the high-strength waste receiving station. • Separate design and bid packages for portions of the above work.

Other potential items could be identified by EBMUD and included in the negotiated scope of work with the selector Consultant.


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SECTION 3 – REQUEST FOR QUALIFICATIONS (RFQ) QUALIFICATIONS EVALUATION AND SELECTION

Qualifications Summary Form To be considered for this project, the Qualifications Summary Form, included as part of this section, must be completed. For all projects listed in the Qualifications Summary, a project description must be included, demonstrating that the firm(s) and the persons proposed for this project meet the required minimum qualifications. References must also be provided for all qualifying project experience to verify the project scope, budget, performance, and quality of work completed. Minimum Qualifications Lead Firm: The lead firm shall oversee and coordinate all aspects of the proposed project team’s scope of work. The lead firm qualifications must demonstrate its experience on projects of similar type, size, and complexity as the proposed project. Experience must include at least the following:

• Three anaerobic digester design projects with digester volumes of a minimum of 500,000 gallons completed within the last ten years with a minimum fee of $500,000. At least one of these projects must have included design of a dual membrane cover.

The relevance of cited projects and the experience of specific individuals proposed for the current project should be emphasized. Project Team: For each element indicated below, clearly indicate the firm on the project team with the required experience. The referenced experience must show successful completion of the project component involving the relevant project element by one of the key personnel. Experience of the project team (including subconsulatants) must include at least the following:

• Two seismic retrofit projects for circular reinforced concrete tanks of a minimum of 500,000 gallons completed within the last ten years with a minimum fee of $250,000.

• Two high-strength liquid waste receiving station design projects that have been constructed and operated for a minimum of one year.

A referenced project may be used for more than one element. The elements include:

1) Anaerobic digester design, 2) Seismic retrofit of circular reinforced concrete tanks, and 3) High-strength liquid waste receiving station design.

Project Manager/Key Personnel: Provide both technical and managerial qualifications for the proposed Project Manager and Key Personnel. Proposed personnel must meet the following minimum requirements:


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• Project Manager must have successful experience in completing at least two anaerobic digester design projects within the last ten (10) years with a minimum fee of $250,000.

• Project Manager must be an employee of the lead firm with at least ten (10) years of experience.

• Key Personnel must have at least five (5) years of experience in their respective disciplines and must demonstrate capabilities from at least two projects in one or more of the elements stated above.

The Project Manager will be the primary client contact, and is responsible for the day-to-day management of the project, ensuring that the project scope, budget, and schedule are met. The following information should be provided for the Project Manager and Key Personnel:

• Years of experience, • Percent (%) time available for this project, and • Resumes (should demonstrate experience beyond minimum qualification requirements)

SELECTION PROCESS Qualifications Evaluation The ability to meet the requirements will be judged by EBMUD based solely on the information provided on the Qualifications Summary Form. If the information provided is deemed inadequate by EBMUD, no further evaluation of the submitted project proposal will be conducted. Proposal Evaluation The proposal submitted will be evaluated by EBMUD based on qualitative assessment of the approach described in the proposal (see Section 4 for guidance on the expectations for the approach). Depending on the quality or quantity of the proposals received, EBMUD will select the top proposers to continue to the interview stage of the selection process. Selection Interview The best proposing consultants will be invited to an interview by EBMUD. At the interview, the Consultant will introduce the project manager and any other key members of the proposing team (maximum four people total), and summarize their qualifications and experience in response to the RFP. The Consultant will also concisely present its approach to the key items noted in the qualifications section criteria, and respond extemporaneously to questions. Selection Criteria A successful proposal and interview will demonstrate the Consultant’s experience in successfully performing nutrient removal studies of similar scope and complexity. Consultant evaluations will be based on the proposed approach to the scope of work. Selection will be based on, but not limited to, the following:


SECTION 3 Page 21

Clear and concise approach to executing the project scope of work. Relevant experience in anaerobic digester design, seismic retrofit design, digester cover

removal/replacement, dual membrane covers, and FOG receiving station design. Qualifications of the designated Project Manager. Qualifications of Key Personnel who will serve as team leaders in support of the

individual Project Manager. Labor estimates by task and position, including subconsultants. Compliance with the Contracting Objectives of EBMUD’s Contract Equity Program. Proposed schedule and resource availability and commitment to complete work in a

timely manner. Quality assurance/quality control program. Responses to interview questions.

Contract Negotiations and Award Negotiations for a Consulting Services Agreement with a “not-to-exceed” contract price (for time and expenses) will be scheduled with the selected qualified project team. If an agreement cannot be achieved, EBMUD will proceed to negotiate with the next selected qualified project team.


SECTION 3 Page 22

DIGESTER UPGRADE PHASE 3 Qualifications Summary Form Under Project Team Definition: (1) indicate the estimated portion of the total consulting fee for which each firm is responsible. Total should equal 100%; (2) provide resumes for all key project personnel, and (3) refer to Section 3 for information on minimum qualifications. For qualifying experience, space is provided for two projects—add additional rows as needed. This form is available in MS Word at http://www.ebmud.com or by contacting Sofia Kolidas ([email protected]). Project Team Definition Firm Expertise Est. % M/WBE Lead: Sub: Sub: Sub: Sub:

Individual & Firm

Expertise Experience

(Years) %

Availability Project Manager

Key Personnel

Key Personnel

Key Personnel

Key Personnel

PRIMARY WORK LOCATION: LEAD FIRM QUALIFYING EXPERIENCE – ANAEROBIC DIGESTER DESIGN Project #1 Name and Client: Project Description: Personnel Involved and Role: Year Prepared: (2008-2017) Contract Fee: (>$500,000) Contact Name: Contact Phone:

DISTRICT Use Only


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LEAD FIRM QUALIFYING EXPERIENCE – ANAEROBIC DIGESTER DESIGN Project #2 Name and Client: Project Description: Personnel Involved and Role: Year Prepared: (2008-2017) Contract Fee: (>$500,000) Contact Name: Client Contact Name, Title, Phone No:

LEAD FIRM QUALIFYING EXPERIENCE – ANAEROBIC DIGESTER DESIGN Project #3 Name and Client: Project Description: Personnel Involved and Role: Year Prepared: (2008-2017) Contract Fee: (>$500,000) Contact Name: Client Contact Name, Title, Phone No:

PROJECT TEAM FIRM QUALIFYING EXPERIENCE – SEISMIC RETROFIT DESIGN Project #1 Name and Client: Project Description: Personnel Involved and Role: Year Prepared: (2008-2017) Contract Fee: (>$250,000) Contact Name: Contact Phone:

PROJECT TEAM FIRM QUALIFYING EXPERIENCE – SEISMIC RETROFIT DESIGN Project #2 Name and Client: Project Description: Personnel Involved and Role: Year Prepared: (2008-2017) Contract Fee: (>$250,000) Contact Name: Client Contact Name, Title, Phone No:


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PROJECT TEAM FIRM QUALIFYING EXPERIENCE – HIGH-STRENGTH WASTE RECEIVING STATION DESIGN Project #1 Name and Client: Project Description: Personnel Involved and Role: Year Prepared: (2008-2017) Contract Fee: (>$250,000) Contact Name: Client Contact Name, Title, Phone No:

PROJECT TEAM FIRM QUALIFYING EXPERIENCE – HIGH-STRENGTH WASTE RECEIVING STATION DESIGN Project #2 Name and Client: Project Description: Personnel Involved and Role: Year Prepared: (2008-2017) Contract Fee: (>$250,000) Contact Name: Client Contact Name, Title, Phone No:

PROJECT TEAM QUALIFYING EXPERIENCE Project #1 Name and Client: Project Description: Year Prepared: Contract Fee: Firm & Contact Name: Client Contact Name, Title, Phone No:

Project #2 Name and Client: (Optional) Project Description: Year Prepared: Contract Fee: Firm & Contact Name: Client Contact Name, Title, Phone No:


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PROJECT TEAM QUALIFYING EXPERIENCE Project #1 Name and Client: Project Description: Year Prepared: Contract Fee: Firm & Contact Name: Client Contact Name, Title, Phone No:

Project #2 Name and Client: (Optional) Project Description: Year Prepared: Contract Fee: Firm & Contact Name: Client Contact Name, Title, Phone No:

PROJECT MANAGER QUALIFYING EXPERIENCE: Name and Firm: Title: Employed Since (Year): Percentage of Time Available for this project (%): Firm Contact Name, Title, Phone No:

PROJECT MANAGER QUALIFYING PROJECT EXPERIENCE: Project #1 Name and Client: Project Description: Year Prepared: (2008-2017) Role: Contract Fee: (>$250,000) Client Contact Name, Title, Phone No:

Project #2 Name and Client: Project Description: Year Prepared: (2008-2017) Role: Contract Fee: (>$250,000) Client Contact Name, Title, Phone No:


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KEY PERSONNEL QUALIFYING EXPERIENCE: (Repeat For Each Person) Firm & Contact Name: Project #1 Name and Client: Project Description: Year Prepared: Role: Contract Fee: Firm & Contact Name: Client Contact Name, Title, Phone No:

Firm & Contact Name: Project #2 Name and Client: Project Description: Year Prepared: Role: Contract Fee: Client Contact Name, Title, Phone No:


SECTION 4 Page 27

SECTION 4 – PROPOSAL FORMAT AND INSTRUCTIONS

The proposal should demonstrate the proposed team’s understanding of the scope and approach to successful completion of the Digester Upgrade Phase 3 Project. The proposal should contain the following main areas: Transmittal Letter The letter of transmittal should clearly identify the Consultant, the office location(s) where the work would be performed, and the project manager, key technical personnel, and subconsultants that will perform the work. The letter should be signed by an individual having authority to execute an agreement with EBMUD. Statement of Qualifications To be considered for this project, the Qualifications Summary Form must be completed (Section 3). The purpose of the SOQ is to clearly identify relevant team experience that qualifies the lead firm and subconsultants for performance of the work. Project Approach The proposal should include a clear and complete discussion of each task required to fulfill the project objectives, and in sufficient detail to present the proposed approach. In general, the project approach should demonstrate:

• Adequate resources and expertise to complete the work. • Extensive knowledge of anaerobic digester design, including cover replacement/removal

and dual membrane cover design. • Extensive knowledge of seismic retrofit design for circular concrete-reinforced tank

structures. • Extensive knowledge of successful FOG receiving station design. • How Consultant will utilize existing information and data. • Quality assurance/quality control program.

Describe each task and subtask in sufficient detail to present a clear summary of the approach, using the information presented in the Scope of Work (Section 2) as a guide. Clearly identify planned meetings and deliverables for each task. Discuss any reasons for significant changes to the scope of work. As part of the proposal, respondents are encouraged to recommend changes or additions to the scope of work that may improve performance, reduce costs, or shorten the project schedule. Portions of the tasks may be performed concurrently. The proposed scope should include any optional services that Consultant feels may improve successful completion of the project. Resources under this task are for work that is not within the anticipated scope of services described previously.


SECTION 4 Page 28

Project Management and Staffing The proposal should describe how Consultant’s project manager proposes to:

• Coordinate all deliverables. Draft reports are required prior to all final reports. • Attend and support project management and/or working meetings with EBMUD. • Manage schedule and budget and report progress. • Address any performance issues that may arise during the period of the contract. • Ensure quality assurance/quality control for work.

Additionally, Consultant should provide estimates in hours of the level of effort required for project management activities. For staffing, include a clear statement of project team responsibilities and reporting relationships, work structure for project control and review, and allocation of staff identified by name and firm for key tasks. Identify the Project Manager and Key Personnel that will lead the project efforts. Indicate the portion of time that key staff will be available to work on the project. Indicate any tasks that the Consultant assumes will be completed by EBMUD. Labor Hours by Task Provide a detailed breakdown of labor hours by task and position, including subconsultants. The estimate of labor hours presented in the proposal will provide the basis for contract negotiations with the selected Consultant. Schedule Develop a detailed work plan and schedule for the project including deliverables and other milestone dates in order to complete the project and study in a timely manner. Clearly identify the critical path and which tasks will run concurrently. The following major milestone deliverable dates must be included (at a minimum):

• Project Kickoff • FOG Receiving Station Improvements Recommendation Technical Memorandum • Preliminary Design Report • 50% Design Submittal • 90% Design Submittal • 100% Design Submittal • Bid Period • Construction Notice to Proceed

Contract Equity Every proposer must fill out, sign, and submit the appropriate sections of the Contract Equity Program and Equal Employment Opportunity documents located at the hyperlink contained in Section 6. Special attention should be given to completing Form P-25, "Employment Data and Certification." Any proposer needing assistance in completing these forms should contact the EBMUD Contract Equity Office at (510) 287-0114 prior to submitting an RFP response.


SECTION 4 Page 29

Resumes Attach resumes of pertinent key project staff. Resumes may be a maximum of two pages per person. Submittal Length Not to Exceed Transmittal Letter 1 page Statement of Qualifications (including Qualifications Summary Form) 10 pages Project Approach 5 pages Project Management and Staffing 2 pages Labor Hours by Task 1 page Schedule 2 pages Contract Equity Program Forms As needed Resumes (maximum of two pages per person) As needed Final Submittal Proposals must be received no later than 4:00 pm, August 11, 2017 (postmarks will not be accepted). Any proposals with a time/date stamp upon receipt after the due date will be deemed late submittals and will NOT be accepted. Mail copies to: East Bay Municipal Utility District P.O. Box 24055, MS 702 Oakland, CA 94623-1055 Attention : Matt Hoeft Or hand-deliver to: East Bay Municipal Utility District 375 Eleventh Street, MS 702 Oakland, CA 94607 Attention : Matt Hoeft Questions Questions regarding this RFP should be directed to Matt Hoeft at (510) 287-0214, or via email at [email protected], by 4:00 PM on Friday, July 28, 2017. Answers to questions received will be posted at www.ebmud.com by close of business August 2, 2017. Click on “Business Center,” “Requests for Proposals (RFP),” and “Digester Upgrade Phase 3 Project.”

mailto:[email protected]

http://www.ebmud.com/


SECTION 5 Page 30

SECTION 5 – PRE-PROPOSAL MEETING AND SITE WALK

EBMUD will host a pre-proposal meeting and site walk the week after the RFQ/RFP is released. The meeting will allow EBMUD to discuss the scope of the project and allow potential proposers to ask clarification questions and view the facilities affected by the project. All questions posed at the pre-proposal meeting that are deemed pertinent by EBMUD will be addressed via email following the meeting to all firms that have received the RFQ/RFP. The pre-proposal meeting will be held on July 27, 2017, at 11:00 am at the MWWTP, which is located at the following address: 2020 Wake Avenue Oakland, CA 94609 Proposers are cautioned that active construction projects will be occurring along Wake Avenue and the entrance to the MWWTP. Drivers shall use the posted signs to find the security station adjacent to the entry to the MWWTP. All visitors shall check in at the station and park in the visitor parking area to await escort into the MWWTP by EBMUD staff.


SECTION 6 Page 31

SECTION 6 – CONTRACT EQUITY PROGRAM The District’s Board of Directors adopted the Contract Equity Program (CEP) to enhance equal opportunities for business owners of all races, ethnicities, and genders who are interested in doing business with the District. The program has contracting objectives, serving as the minimum level of expected contract participation for the three availability groups: white-men owned businesses, white-women owned businesses, and ethnic minority owned businesses. The contracting objectives apply to all contracts that are determined to have subcontracting opportunities, and to all General or Professional Service Providers regardless of their race, gender, or ethnicity. All business enterprises and their subcontractors performing work for the District must be Equal Employment Opportunity (EEO) employers, and shall be bound by all laws prohibiting discrimination in employment. There shall be no discrimination against any person, or group of persons, on account of race, color, religion, creed, national origin, ancestry, gender including gender identity or expression, age, marital or domestic partnership status, mental disability, physical disability (including HIV and AIDS), medical condition (including genetic characteristics or cancer), genetic information, or sexual orientation. Contractor and its subcontractors shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin in the performance of this contract. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. All Contractors shall include the nondiscrimination provisions above in all subcontracts. Your firm is responsible for:

1) Reading and understanding the CEP guidelines.

2) Filling out and submitting with your proposal the appropriate forms.

The CEP guidelines and forms can be downloaded from the District website at the following link: http://ebmud.com/business-center/contract-equity-program/ Please include the required completed forms with your proposal. Non-compliance with the Guidelines may deem a proposal non-responsive, and therefore, ineligible for contract award. If you have questions regarding the Contract Equity Program please call (510) 287-0114.

http://ebmud.com/business-center/contract-equity-program/


SECTION 7 Page 32

SECTION 7 – SAMPLE CONSULTING AGREEMENT

CONSULTING AGREEMENT FOR

EAST BAY MUNICIPAL UTILITY DISTRICT

Digester Upgrade Project, Phase 3 Design

THIS Agreement is made and entered into this day of (month), 2017, by and between EAST BAY MUNICIPAL UTILITY DISTRICT, a public entity, hereinafter called "DISTRICT," and (CONSULTANT'S FULL LEGAL NAME, BOLD, ALL CAPS followed by type of entity [ corporation, etc.]), hereinafter called "CONSULTANT."

WITNESSETH WHEREAS, DISTRICT requires consulting services for engineering and design services for the Digester Upgrade Project, Phase 3 Design, per the scope of work as defined in Exhibit A; and WHEREAS, DISTRICT has completed the Digester Upgrade Project, Phases 1 and 2; and WHEREAS, CONSULTANT has submitted a proposal to provide consulting services for preparation of design documents for the Digester Upgrade Project, Phase 3 Design and CONSULTANT represents that it has the experience, licenses, qualifications, staff expertise and where necessary the required Department of Industrial Relations (DIR) registration to perform said services in a professional and competent manner; and WHEREAS, DISTRICT Board of Directors has authorized the contract by Motion Number ; NOW, THEREFORE, it is mutually agreed by DISTRICT and CONSULTANT that for the considerations hereinafter set forth, CONSULTANT shall provide said services to DISTRICT, as set forth in greater detail herein. ARTICLE 1 - SCOPE OF WORK 1.1 CONSULTANT agrees to furnish services set forth in Exhibit A, Scope of Services,

attached hereto and incorporated herein. The services authorized under this Agreement shall also include all reports, manuals, plans, and specifications as set forth in Exhibit A.

1.2 CONSULTANT's work products shall be completed and submitted in accordance with

DISTRICT's standards specified, and according to the schedule listed, in Exhibit A. The completion dates specified herein may be modified by mutual agreement between DISTRICT and CONSULTANT provided that DISTRICT’s Project Manager notifies CONSULTANT of modified completion dates by letter. CONSULTANT agrees to diligently perform the services to be provided under this Agreement. In the performance of this Agreement, time is of the essence.


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1.3 It is understood and agreed that CONSULTANT has the professional skills necessary to

perform the work agreed to be performed under this Agreement, that DISTRICT relies upon the professional skills of CONSULTANT to do and perform CONSULTANT’s work in a skillful and professional manner, and CONSULTANT thus agrees to so perform the work. CONSULTANT represents that it has all the necessary licenses to perform the work and shall maintain them during the term of this Agreement. CONSULTANT agrees that the work performed under this Agreement shall follow practices usual and customary to the engineering profession and that CONSULTANT is the engineer in responsible charge of the work for all activities performed under this Agreement. Acceptance by DISTRICT of the work performed under this Agreement does not operate as a release of CONSULTANT from such professional responsibility for the work performed.

1.4 CONSULTANT agrees to maintain in confidence and not disclose to any person or

entity, without DISTRICT's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of DISTRICT. CONSULTANT further agrees to maintain in confidence and not to disclose to any person or entity, any data, information, technology, or material developed or obtained by CONSULTANT during the term of this Agreement. The covenants contained in this paragraph shall survive the termination of this Agreement for whatever cause.

1.5 The originals of all computations, drawings, designs, graphics, studies, reports, manuals,

photographs, videotapes, data, computer files, and other documents prepared or caused to be prepared by CONSULTANT or its subconsultants in connection with these services shall be delivered to and shall become the exclusive property of DISTRICT. DISTRICT is licensed to utilize these documents for DISTRICT applications on other projects or extensions of this project, at its own risk. CONSULTANT and its subconsultants may retain and use copies of such documents, with written approval of DISTRICT.

1.6 CONSULTANT is an independent contractor and not an employee of DISTRICT.

CONSULTANT expressly warrants that it will not represent that it is an employee or servant of DISTRICT.

1.7 CONSULTANT is retained to render professional services only and all payments made

are compensation solely for such services as it may render and recommendations it may make in carrying out the work.

1.8 It is further understood and agreed by the parties hereto that CONSULTANT in the

performance of its obligations hereunder is subject to the control or direction of DISTRICT 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 the CONSULTANT for accomplishing the results.

1.9 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,


SECTION 7 Page 34

wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by CONSULTANT, and DISTRICT shall have no right or authority over such persons or the terms of such employment.

1.10 It is further understood and agreed that as an independent contractor and not an employee

of DISTRICT, neither the CONSULTANT nor CONSULTANT’s assigned personnel shall have any entitlement as a DISTRICT employee, right to act on behalf of DISTRICT in any capacity whatsoever as agent, nor to bind DISTRICT to any obligation whatsoever. CONSULTANT shall not be covered by DISTRICT’s worker’s compensation insurance; nor shall CONSULTANT be entitled to compensated sick leave, vacation leave, retirement entitlement, participation in group health, dental, life or other insurance programs, or entitled to other fringe benefits payable by DISTRICT to employees of DISTRICT.

ARTICLE 2 - COMPENSATION 2.1 For the Scope of Services described in Exhibit A, DISTRICT agrees to pay

CONSULTANT actual costs incurred, subject to a Maximum Cost Ceiling of $(dollars), plus a Professional Fee (prorata dollar profit). The Professional Fee shall be subject to a Professional Fee Ceiling of $(dollars). Total compensation under the Agreement shall not exceed a Maximum Agreement Ceiling of $(dollars). Compensation for services shall be in accordance with the method and amounts described in Exhibit B, attached hereto and incorporated herein. CONSULTANT acknowledges that construction work on public works projects requires DIR registration and is subject to prevailing wage rates and includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. CONSULTANT certifies that the proposed cost and pricing data used herein reflect the payment of prevailing wage rates where applicable and are complete, current, and accurate.

2.2 In case of changes affecting project scope resulting from new findings, unanticipated

conditions, or other conflicts or discrepancies, CONSULTANT shall promptly notify DISTRICT of the identified changes and advise DISTRICT of the recommended solution. Work shall not be performed on such changes without prior written authorization of DISTRICT.

ARTICLE 3 - NOTICE TO PROCEED 3.1 This Agreement shall become effective upon execution of the second signature.

CONSULTANT shall commence work upon receipt of DISTRICT's Notice to Proceed, which shall be in the form of a letter signed by DISTRICT's Project Manager. DISTRICT's Notice to Proceed will authorize the Contracted Services described in Exhibit A with ceiling prices described in ARTICLE 2 – COMPENSATION. No work shall commence until the Notice to Proceed is issued.


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3.2 DISTRICT may at its option issue a Notice to Proceed for some or all of the Optional Services tasks described in Exhibit A. Compensation for Optional Services shall be in accordance with the method and amounts described in Exhibit B.

ARTICLE 4 - TERMINATION 4.1 This Agreement may be terminated by DISTRICT immediately for cause or upon 10 days

written notice, without cause, during the performance of the work. 4.2 If this Agreement is terminated CONSULTANT shall be entitled to compensation for

services satisfactorily performed to the effective date of termination; provided however, that DISTRICT may condition payment of such compensation upon CONSULTANT's delivery to DISTRICT of any and all documents, photographs, computer software, videotapes, and other materials provided to CONSULTANT or prepared by CONSULTANT for DISTRICT in connection with this Agreement. Payment by DISTRICT for the services satisfactorily performed to the effective date of termination, shall be the sole and exclusive remedy to which CONSULTANT is entitled in the event of termination of the Agreement and CONSULTANT shall be entitled to no other compensation or damages and expressly waives same. Termination under this Article 4 shall not relieve CONSULTANT of any warranty obligations or the obligations under Articles 1.4 and 7.1.

4.3 This Agreement may be terminated by CONSULTANT upon 10 days written notice to

DISTRICT only in the event of substantial failure by DISTRICT to fulfill its obligations under this Agreement through no fault of the CONSULTANT.

4.4 If this Agreement is terminated, payment of the Professional Fee shall be in proportion to

the percentage of work that DISTRICT judges satisfactorily performed up to the effective date of termination. The Professional Fee shall be prorated based upon a ratio of the actual Direct Labor and Indirect Costs expended to date divided by the Cost Ceiling.

ARTICLE 5 - PROJECT MANAGERS 5.1 DISTRICT designates (District Project Manager's name) as its Project Manager, who

shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between DISTRICT and CONSULTANT. CONSULTANT may be requested to assist in such coordinating activities as necessary as part of the services. In the event DISTRICT wishes to make a change in the DISTRICT's representative, DISTRICT will notify CONSULTANT of the change in writing.

5.2 CONSULTANT designates (Consultant Project Manager's name) as its Project

Manager, who shall have immediate responsibility for the performance of the work and for all matters relating to performance under this Agreement. Any change in CONSULTANT designated personnel or subconsultant shall be subject to approval by the DISTRICT Project Manager. (The following sentence is optional.) CONSULTANT


SECTION 7 Page 36

hereby commits an average of (1 to 100) percent of (Consultant Project Manager's name) time on this project for the duration of the project.

ARTICLE 6 - CONTRACT EQUITY PROGRAM COMPLIANCE 6.1 CONSULTANT expressly agrees that this Agreement is subject to DISTRICT’s Contract

Equity Program (“CEP”). CONSULTANT is familiar with the DISTRICT’s CEP and Equal Opportunity Guidelines, and has read and understood all of the program requirements. CONSULTANT understands and agrees to comply with the CEP and all requirements therein, including each of the Good Faith Efforts. CONSULTANT further understands and agrees that non-compliance with the CEP requirements may result in termination of this Agreement.

6.2 Designated CEP compliance for the duration of this Agreement is listed in Exhibit C,

which is attached hereto and incorporated herein. CONSULTANT shall maintain records of the total amount actually paid to each subconsultant. Any change of CONSULTANT’S listed subconsultants shall be subject to approval by the DISTRICT’S Project Manager.

ARTICLE 7 - INDEMNIFICATION AND INSURANCE 7.1 Indemnification

CONSULTANT expressly agrees to defend, indemnify, and hold harmless DISTRICT and its Directors, officers, agents and employees from and against any and all loss, liability, expense, claims, suits, and damages, including attorneys' fees, arising out of or pertaining or relating to CONSULTANT's, its associates’, employees’, subconsultants’, or other agents’ negligence, recklessness, or willful misconduct, in the operation and/or performance under this Agreement.

7.2 Insurance Requirements

CONSULTANT shall take out and maintain during the life of the Agreement all the insurance required in this ARTICLE, and shall submit certificates for review and approval by DISTRICT. The Notice to Proceed shall not be issued, and CONSULTANT shall not commence work until such insurance has been approved by DISTRICT. The certificates shall be on forms provided by DISTRICT. Acceptance of the certificates shall not relieve CONSULTANT of any of the insurance requirements, nor decrease the liability of CONSULTANT. DISTRICT reserves the right to require CONSULTANT to provide insurance policies for review by DISTRICT.

7.3 Workers Compensation Insurance

CONSULTANT shall take out and maintain during the life of the Agreement, Workers Compensation Insurance, for all of its employees on the project. In lieu of evidence of Workers Compensation Insurance, DISTRICT will accept a Self-Insured Certificate from


SECTION 7 Page 37

the State of California. CONSULTANT shall require any subconsultant to provide it with evidence of Workers Compensation Insurance.

7.4 Commercial General Liability Insurance

CONSULTANT shall take out and maintain during the life of the Agreement Automobile and General Liability Insurance that provides protection from claims which may arise from operations or performance under this Agreement. If CONSULTANT elects to self-insure (self-fund) any liability exposure during the contract period above $50,000, CONSULTANT is required to notify the DISTRICT immediately. Any request to self-insure must first be approved by the DISTRICT before the changed terms are accepted. CONSULTANT shall require any subconsultant to provide evidence of liability insurance coverages.

The amounts of insurance coverages shall not be less than the following:

$2,000,000/Occurrence, Bodily Injury, Property Damage – Automobile.

$2,000,000/Occurrence, Bodily Injury, Property Damage - General Liability.

The following coverages or endorsements must be included in the policy(ies):

1. DISTRICT and its Directors, officers, and employees are additional insureds in the

policy(ies) as to the work being performed under this Agreement;

2. The coverage is primary and non-contributory to any other insurance carried by DISTRICT;

3. The policy(ies) cover(s) contractual liability for the assumption of liability through

the indemnity in this Agreement;

4. The policy(ies) is(are) written on an occurrence basis;

5. The policy(ies) cover(s) broad form property damage liability;

6. The policy(ies) cover(s) personal injury (libel, slander, and trespass) liability; 7. The policy covers explosion, collapse and underground hazards (construction

contracts only).

8. The policy(ies) cover(s) products and completed operations.

9. The policy(ies) cover(s) use of non-owned automobiles and equipment. 10. The policy(ies) shall cover Pollution liability for claims related to the release or

threatened release of pollutants into the environment arising out of or resulting from CONSULTANT’s performance under this Agreement.


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11. The policy(ies) shall not be canceled nor materially altered unless 30 days' written

notice is given to DISTRICT. 7.5 Professional Liability Insurance

CONSULTANT shall take out and maintain during the life of the Agreement, professional liability insurance (Errors and Omissions) with a minimum of $1,000,000 of liability coverage. A deductible may be acceptable upon approval of the DISTRICT. The policy shall provide 30 days advance written notice to DISTRICT for cancellation or reduction in coverage.

ARTICLE 8 - NOTICES Any notice which DISTRICT may desire or is required at any time to give or serve CONSULTANT may be delivered personally, or be sent by United States mail, postage prepaid, addressed to: (consulting firm's name) (address) Attention: (contact, usually the consultant's project manager), or at such other address as shall have been last furnished in writing by CONSULTANT to DISTRICT. Any notice which CONSULTANT may desire or is required at any time to give or serve upon DISTRICT may be delivered personally at EBMUD, 375 - 11th Street, Oakland, CA 94607-4240, or be sent by United States mail, postage prepaid, addressed to: Director of Wastewater Department P.O. Box 24055 Oakland, CA 94623-1055 or at such other address as shall have been last furnished in writing by DISTRICT to CONSULTANT. Such personal delivery or mailing in such manner shall constitute a good, sufficient and lawful notice and service thereof in all such cases. ARTICLE 9 - MISCELLANEOUS 9.1 This Agreement represents the entire understanding of DISTRICT and CONSULTANT

as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by amendment in writing signed by each party.


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9.2 This Agreement is to be binding on the successors and assigns of the parties hereto. The

services called for herein are deemed unique and CONSULTANT shall not assign, transfer or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of DISTRICT.

9.3 Should any part of this Agreement be declared by a final decision by a court or tribunal

of competent jurisdiction to be unconstitutional, invalid or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.

9.4 Multiple copies of this Agreement may be executed by the parties and the parties agree

that the Agreement on file at the DISTRICT is the version of the Agreement that shall take precedence should any differences exist among counterparts of the Agreement.

9.5 This Agreement and all matters relating to it shall be governed by the laws of the State of

California. 9.6 The District’s waiver of the performance of any covenant, condition, obligation,

representation, warranty or promise in this agreement shall not invalidate this Agreement or be deemed a waiver of any other covenant, condition, obligation, representation, warranty or promise. The District’s waiver of the time for performing any act or condition hereunder does not constitute a waiver of the act or condition itself.

9.7 There shall be no discrimination in the performance of this contract, against any person,

or group of persons, on account of race, color, religion, creed, national origin, ancestry, gender including gender identity or expression, age, marital or domestic partnership status, mental disability, physical disability (including HIV and AIDS), medical condition (including genetic characteristics or cancer), veteran or military status, family or medical leave status, genetic information, or sexual orientation. CONSULTANT shall not establish or permit any such practice(s) of discrimination with reference to the contract or any part. CONSULTANTS determined to be in violation of this section shall be deemed to be in material breach of this Agreement. Consultant shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin in the performance of this contract. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. CONSULTANT shall include the nondiscrimination provisions above in all subcontracts.


SECTION 7 Page 40

9.8 CONSULTANT affirms that it does not have any financial interest or conflict of interest

that would prevent CONSULTANT from providing unbiased, impartial service to the DISTRICT under this Agreement.

ARTICLE 10 - TERM Unless terminated pursuant to Article 4 herein, this Agreement shall expire when all tasks have been completed and final payment has been made by DISTRICT. IN WITNESS WHEREOF, the parties hereto each herewith subscribe the same in duplicate. EAST BAY MUNICIPAL UTILITY DISTRICT By: Date

(Name), (Insert title - Director of Engineering and Construction or Manager of Support Services) Approved As To Form By:

for the Office of the General Counsel (CONSULTING FIRM'S NAME, ALL CAPS & BOLD) By: Date

(Name), (Title)

Rev. 3/24/14