RFB - UV Channel Rehab.pdf

October 1, 2025

REQUEST FOR BIDS

DERWA UV CHANNEL REHABILITATION (CIP 26-R023)

The Dublin San Ramon Services District (DSRSD) is soliciting bids for furnishing all labor, materials, equipment, and services for the construction of improvements designated as: DERWA UV CHANNEL REHABILITATION (CIP 26-R023) (“Project”) at the Dublin San Ramon Services District’s recycled water treatment plant (RWTP) located at 7399 Johnson Drive, Pleasanton, CA 94588.

1.0 INTRODUCTION

Dublin San Ramon Services District (DSRSD or District) is seeking a qualified firm to rehabilitate the ultraviolet (UV) disinfection channels within its RWTP. The selected firm will be required to clean and prepare the UV channel surfaces, prime damaged concrete, apply leveling compound to the eroded channels, and apply multiple coats of chemical resistant coating to protect the channel from future damage and erosion. The recycled water production system will be required to be offline during this work, so direct coordination with DSRSD staff will be a key component in successfully completing this project.

The submission of a Bid may lead to award of a Technical Services Agreement (“Agreement”), based on the form attached as Attachment A, Technical Services Agreement. Interested bidders shall submit an electronic copy of all required bid documents (See Section 7.1), in PDF format, no later than October 28, 2025, to:

Ryan Pendergraft, Assistant Engineer Dublin San Ramon Services District

7051 Dublin Blvd.

Dublin, CA 94568

Email: pendergraft@dsrsd.com

Late submissions will not be considered. All inquiries or questions regarding this Request for Bids (RFB) shall be directed to DSRSD’s point of contact, listed in Section 6.1 of this RFB.

DSRSD’s Selection Schedule and Project Milestones are detailed in Section 6.4 of this RFB. The Bidder shall ensure the availability of internal and external resources, as necessary, and facilitate work to meet all DSRSD imposed deadlines set forth herein.

2.0 BACKGROUND

2.1 GENERAL

Founded in 1953, DSRSD provides water and recycled water services to Dublin and portions of San Ramon, mailto:pendergraft@dsrsd.com

P a g e | 2 wastewater collection and treatment to Dublin and south San Ramon, and wastewater treatment under contract to the City of Pleasanton. The District’s wastewater treatment plant (WWTP), located at 7399 Johnson Drive, Pleasanton, California, is approximately 22 acres, and includes liquid treatment, recycled water treatment, solids treatment, and energy recovery facilities.

DSRSD maintains relationships with other public agencies to provide value to the community and deliver water and to protect public health and the environment by providing reliable and sustainable water, recycled water, and wastewater services in a safe, efficient, and fiscally responsible manner. To improve the reliability of the valley’s water supply, particularly in dry years, DSRSD and the East Bay Municipal Utility District (EBMUD) created the San Ramon Valley Recycled Water Program (SRVRWP) in 1995. The partnership has built a RWTP adjacent to DSRSD’s WWTP and a backbone transmission system that connects to DSRSD and EBMUD recycled pipelines. The City of Pleasanton joined the partnership in 2014 and began building pipelines that connect to the transmission system. DSRSD personnel operate facilities on behalf of the partnership. Recycled water is used in the valley primarily by large irrigation customers:

golf courses, parks, greenbelts, roadway medians, schools, office complexes, and common areas in homeowner associations. A joint powers authority, the DSRSD-EBMUD Recycled Water Authority (DERWA), governs the partnership. DSRSD, through prior agreements, operates and implements capital improvement projects on behalf of DERWA.

The RWTP includes the following unit processes:

• ballasted flocculation

• sand filtration system

• microfiltration system

• ultraviolet disinfection

The two (2) parallel UV channels, constructed of reinforced concrete, have significantly degraded over time due to age and exposure to chemicals (such as citric acid) and ultraviolet light. The erosion of the concrete surfaces now prevents the existing isolation gate systems from forming a tight seal, making it difficult to isolate the channels.

3.0 SCOPE OF WORK

The objective of this project is to rehabilitate the two (2) existing concrete UV channels within the RWTP, where cement has eroded and resulted in the exposure of aggregates. The scope includes applying a leveling compound to restore the channels to original construction profile, followed by the application of a protective lining system to prevent future degradation of the UV channel concrete surface. This rehabilitation will create a durable, sealed surface resistant to chemicals and UV light, allowing the isolation gates to function effectively and restoring operational flexibility.

The Scope of Work includes (but is not limited to):

1. Coordination: Coordinate with DSRSD staff to schedule all on-site work within the planned RWTP outage window(s). DSRSD staff will perform the system shutdowns and outages; Contractor will ensure schedule complies with these windows.

2. Detailed Project Schedule: At a minimum, the project schedule shall 1) specify all tasks and subtasks, their durations, and dependencies required to complete the project within the outage windows; 2) identify tasks and responsibilities for both the Contractor and DSRSD staff; and 3) include a mandatory pre-shutdown walk-through to be scheduled at least two (2) working days

P a g e | 3 prior to the planned system outage. The schedule breakdown should include specific durations for surface preparation, application for compound/coating, and manufacturer-required curing times.

3. Weather Mitigation Plan: The Bidder shall submit a plan detailing the strategy for protecting the work site and ensuring proper material application and curing regardless of weather conditions.

At a minimum, the weather mitigation plan shall include 1) all methods and materials to be used for site protection from adverse weather, such as rain or low temperatures; and 2) provisions for supplying and using heaters or other equipment to maintain required temperatures and expedite material curing.

4. Review available record drawings, photos, and other available information related to the UV Channels

5. System Outage Request: Modifications to existing facilities, the construction of new facilities, and the connection of new to existing facilities may require the temporary outage or bypass of processes or facilities. In addition to the Construction Schedule, the Contractor shall submit a detailed outage plan and time schedule for all construction activities related to all outages or bypasses.

The outage plans shall be submitted for DSRSD’s review and acceptance a minimum of two weeks in advance of the time that such outages are required. Resubmittals may be required if not initially approved.

A System Outage Request (SOR) form located at the end of this section shall accompany each outage plan. The outage plans shall be coordinated with the construction schedule and shall meet the Contractor’s planned method; the length of time required to complete said operation; and necessary temporary power, controls, instrumentation or alarms required to maintain control, monitoring and alarms; and the manpower, plant and equipment which the Contractor shall provide in order to ensure proper operation of affected facilities. In addition, the outage plan shall describe the Contractor’s contingency plan that shall be initiated in the event that its temporary facilities fail or it becomes apparent that the time constraints described in the approved SOR cannot be met. The contingency plan shall conform to all specified outage requirements. All costs for preparing and implementing both the outage and contingency plans shall be borne by the Contractor.

The DSRSD shall be notified in writing at least one week in advance of the required outage if the schedule for performing the work has changed or if revisions to the outage plan are required. Any changes must be approved by the DSRSD prior to the outage.

The Contractor shall attend a meeting with the DSRSD one week before the scheduled outage to review the SOR. A pre-lock out tag out walk will be required at this time.

The Contractor is advised that any shutdown of facilities will place a considerable burden on the DSRSD’s staff before, during, and after the shutdown. If through inadequate planning, lack of preparedness, faulty or inefficient workmanship or other causes controllable by the Contractor, delays, excessive time, or additional shutdowns are required that cause the DSRSD to incur extra cost, said extra cost will be paid by the Contractor.

6. Surface Preparation: Prepare and prime all concrete surfaces according to the approved material manufacturer’s specifications.

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7. Concrete Repair: Apply the approved leveling compound to restore the channel surfaces to their original grade in accordance with the material manufacturer’s specifications.

8. Barrier Coating Application: Apply approved protective coating system in accordance with the material manufacturer’s specifications and ensuring all temperature and cure time requirements.

9. Environmental Controls: Implement any necessary measures to control water intrusion, active leaks, exposure to potential weather events, etc. to ensure a dry substrate for material application.

10. Site Cleanup and Demobilization: At the conclusion of the work, remove all equipment, unused materials, and debris from the site, leaving the channels and surrounding area in a clean and fully operational condition.

3.1 CONSTRAINTS AND SPECIAL CONDITIONS

This project is subject to significant operational constraints. Due to erosion that makes isolating the UV channels difficult, a complete shutdown of the recycled water system is required to provide a dry work area. The Contractor must adhere to the following scheduling, seasonal, and logistical requirements.

3.1.1 System Outage Schedule. The project must be completed within two separate, non-consecutive system outage windows.

• Duration: Each outage is strictly confined to a single calendar week, beginning on a Monday and concluding no later than Friday of that same week. No work is permitted on weekends or official DSRSD holidays. If an official holiday falls within the scheduled Monday-Friday outage period, it will be a non-working day, thus reducing the total number of available work days for that week.

• Sequence: The work will be phased, with one UV channel rehabilitated during each outage. The two outages must be separated by at least one weekend to allow for system recovery.

• Scheduling: The Contractor is responsible for providing a detailed work schedule that demonstrates all tasks can be completed within these outage windows.

3.1.2 Seasonal and Weather Constraints

• Timing: To minimize operational impact, outages are restricted to the peak wet season when recycled water demand is at its lowest. Historically, this timeframe is January through February.

• Weather Mitigation: The Contractor is responsible for mitigating all potential weather impacts on the work, particularly on material curing times. This includes, but is not limited to, providing weather-proof coverings for the channels and supplying heaters, as needed, to ensure proper curing of the new coatings.

3.1.3 Division of Responsibilities

DSRSD will be responsible for:

• Reviewing and approving all system outage requests.

• Performing all system shutdowns, startups, and water diversions from the UV channels.

• Removing the UV modules from the channels before work begins and reinstalling them upon completion, in coordination with the Contractor's schedule.

• Providing a suitable power source for contractor-supplied heaters and other equipment.

The Contractor will be responsible for:

• Submit system outage requests for approval and revise, as required, based on District comments.

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• Once the request is approved, conduct a Pre-LOTO (Lockout/Tagout) walkthrough with District stakeholders. The Pre-LOTO walkthrough should be completed at least one to two working days before the planned outage.

• Providing and adhering to a detailed schedule that aligns with all outage constraints.

• Coordinating with DSRSD staff for the timely removal and reinstallation of the UV modules.

• Providing all necessary materials and equipment for weatherproofing and expediting material curing, including channel coverings and heaters.

• The Contractor shall provide a complete set of Quality Control and Assurance documentation to be used during this application. This documentation shall be reviewed and accepted by DSRSD.

• The Contractor shall be responsible for ensuring that all requirements for Personal

Protective Equipment (PPE) and regulations governing Confined Space Entry and Lock Out Tag Out (as applicable) are met.

3.1.4 Special Conditions:

3.1.4.1 Payment: Contractor shall, at convenient intervals not more frequently than monthly, submit itemized statements of services performed. District shall pay for work satisfactorily performed within thirty (30) days after receipt of a statement, less any retention withheld as specified by the terms of the Agreement. The total amount payable by District for Contractor’s services pursuant to each Work Order shall not exceed the amount specified in Contractor’s proposal.

3.1.4.2 Time of Completion: The District anticipates the NTP/Work Order to be issued in November 2025.

Work must be substantially complete by March 15, 2026. Contractor shall perform the Work diligently and as expeditiously as possible consistent with good and safe construction practices and the orderly progress of the Work. The parties agree that time is of the essence for the performance of this Work.

3.1.4.3 Retention: No retention will be required.

3.1.4.4 Liquidated Damages: It is agreed by the parties that time is of the essence in the completion of the Work, and that in case all the work called for under this Work Order, or such portion thereof as may be designated by the District’s Representative, is not completed before March 15, 2026, damages may be sustained by the District. Contractor will be responsible for liquidated damages to the District in the amount of two hundred fifty dollars ($250) per day. Contractor further agrees that if such liquidated damages are not promptly paid, the District may deduct the amount thereof from any moneys due, or that may become due, the Contractor under this Agreement or any Work Order.

3.1.4.5 Responsibility for the Work: Until completion and acceptance the work detailed in this solicitation, the Contractor shall have the charge and care of the work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof from any other cause, whether or not arising from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the work or the materials occasioned by any cause before its acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and approximately caused by acts of the District.

3.1.4.6 Inspection of Site(s): Information provided by the District is not intended to be a substitute for, or a supplement to, the independent verification by the Contractor to the extent such

P a g e | 6 independent investigation of site conditions is deemed necessary or desirable by the Contractor.

The Contractor is required to satisfy itself, by personal examination of the site(s) of the work or by such other means as they may prefer, of the location and of the actual conditions at the site(s) of work. If, during the course of its examination, the Contractor finds facts or conditions which appear to be in conflict with the letter or spirit of this Agreement or bidding documents, the Contractor shall report the conflict in writing, to the District’s Representative, within a reasonable time before submitting its bid.

The submission of a bid shall constitute conclusive evidence that, the Contractor is relying on its own examination of the site(s) of the work, including existing facilities and conditions to be encountered on and in the vicinity of the site(s).

3.1.4.7 Examination of the Work: The Contractor shall thoroughly examine and be familiar with the work before submitting its Bid. Any inconsistencies or omissions found in this Agreement, Work Orders and/or Attachments shall be reported to the District’s Representative, who will clarify discrepancies or omissions, in writing, within a reasonable time.

The submission of a bid/proposal shall constitute an acknowledgment, upon which the District may rely, that the Contractor has thoroughly examined and is familiar with the character, quality and scope of the work to be constructed, including the quality and quantity of the materials and services to be furnished. The Contractor’s failure or neglect to examine and become familiar with this solicitation, shall in no way relieve it from any obligation with respect to its bid or to this Agreement, and no claim for additional compensation will be allowed which is based upon a lack of knowledge or misinterpretation of any portion of this Agreement.

4.0 CONTRACTOR QUALIFICATIONS

Bidders on this work shall be a licensed Contractor and must possess, at the time of the award of the contract, a valid Class A or Class C-33 Contractor’s license, issued by the California Contractor’s State License Board. Contractor also must have previous experience with the specified rebuilding material and coating material within the Technical Specifications. No Contractor or subcontractor may be listed on the bid or awarded a contract for public works project unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 at the time of bid.

Bidder shall submit a Certification of Bidder’s Experience and Qualifications as included within Attachment C.

5.0 AVAILABLE INFORMATION AND TECHNICAL SPECIFICATIONS

The following documents, information, and technical specifications are incorporated as part of this Request for Bids:

• Attachment A:

o Technical Services Agreement

• Attachment B:

o Record Drawings o Site Photos o Technical Specifications for required materials

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Materials specified can be substituted for pre-approved equal products with DSRSD review and approval. Products must meet or exceed the technical specifications of the products listed within Attachment B.

• Attachment C:

o Bid Form o Proposed Subcontractors o Affidavit of Non-Collusion o Bond of Faithful Performance o Payment Bond o Workers’ Compensation Insurance Certificate o Certification of Drug-Free Workplace Requirements o Certification of Bidder’s Experience and Qualifications o System Outage Request

6.0 PROCUREMENT PROCESS AND SELECTION SCHEDULE

6.1 COMMUNICATIONS AND DSRSD CONTACT

DSRSD will maintain a single, sole point of contact for administering the RFB process. All communications shall be submitted in writing, via email (with delivery/send confirmation), as noted below:

Ryan Pendergraft, Assistant Engineer Project Manager 7051 Dublin Blvd.

Dublin, CA 94568

Email: pendergraft@dsrsd.com Direct Telephone: 925.875.2242

The subject line of the email must include “DERWA UV Rehabilitation Project”.

6.2 PROJECT BRIEFING

DSRSD will conduct a project briefing, via Microsoft Teams, on October 7, 2025 at 9 a.m. Attending the project briefing is non-mandatory. The Project briefing will provide an overview of the project and summarize the requirements of the RFB. Meeting invitations will be sent out to recipients of this RFB, and a meeting link can be found below:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTBhODEzNTgtOTlkNC00YTJhLThkZTgtMmE3NGIxZTQzNWQ2%40thread.v2/0?cont ext=%7b%22Tid%22%3a%22665f5b44-ffa0-4c3f-909d- 782b76b45ef9%22%2c%22Oid%22%3a%22c88c1f2b-b08f-460e-9607-b5c72c1c52a3%22%7d

Meeting ID: 229 110 985 386 5 Passcode: A62uk9VB

6.3 PRE-BID SITE VISIT

DSRSD will also conduct pre-bid site visits. Attending a pre-bid site visit is non-mandatory. DSRSD will conduct the site visits the week of October 13-17. Please reach out to the DSRSD’s point of contact to mailto:pendergraft@dsrsd.com https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTBhODEzNTgtOTlkNC00YTJhLThkZTgtMmE3NGIxZTQzNWQ2%40thread.v2/0?context=%7b%22Tid%22%3a%22665f5b44-ffa0-4c3f-909d-782b76b45ef9%22%2c%22Oid%22%3a%22c88c1f2b-b08f-460e-9607-b5c72c1c52a3%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTBhODEzNTgtOTlkNC00YTJhLThkZTgtMmE3NGIxZTQzNWQ2%40thread.v2/0?context=%7b%22Tid%22%3a%22665f5b44-ffa0-4c3f-909d-782b76b45ef9%22%2c%22Oid%22%3a%22c88c1f2b-b08f-460e-9607-b5c72c1c52a3%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTBhODEzNTgtOTlkNC00YTJhLThkZTgtMmE3NGIxZTQzNWQ2%40thread.v2/0?context=%7b%22Tid%22%3a%22665f5b44-ffa0-4c3f-909d-782b76b45ef9%22%2c%22Oid%22%3a%22c88c1f2b-b08f-460e-9607-b5c72c1c52a3%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTBhODEzNTgtOTlkNC00YTJhLThkZTgtMmE3NGIxZTQzNWQ2%40thread.v2/0?context=%7b%22Tid%22%3a%22665f5b44-ffa0-4c3f-909d-782b76b45ef9%22%2c%22Oid%22%3a%22c88c1f2b-b08f-460e-9607-b5c72c1c52a3%22%7d

P a g e | 8 schedule. If these dates are an issue, please reach out to the point of contact listed in section 6.1 of this RFB; alternate accommodations may be considered but are not guaranteed.

6.4 SELECTION SCHEDULE

The tentative schedule for selection and award is provided below.

Release of Request for Bids September 30, 2025 Non-Mandatory Project Briefing (Microsoft Teams) October 7, 2025 at 9 a.m.

Non-Mandatory Site Visits October 13-17, 2025 Deadline for Questions October 21, 2025 Bids Due October 28, 2025 by 2 p.m.

Evaluation of Bids October 29-30, 2025 Anticipate Notice of Award Early November 2025 Anticipated Notice to Proceed November 2025

7.0 BID PROCESS

7.1 BIDDER’S CHECKLIST

Forms required to be submitted with the Bid (Appendix C):

No. Item Checked

1. Bid Form

2. Proposed Subcontractors

3. Affidavit of Non-Collusion

4. Certification of Drug-Free Workplace Requirements

5. Certification of Bidder’s Experience and Qualifications

The Contractor will be required to complete, execute, and submit the Technical Services Agreement, Bond of Faithful Performance, Payment Bond, and Workers’ Compensation Insurance Certificate within ten (10) days of the Notice of Award. The Notice to Proceed will be issued upon satisfactory submission of these documents, and no work under this Technical Services Agreement shall commence prior to the issuance of the Notice to Proceed. The forms for the Bond of Faithful Performance, Payment Bond, and Workers’ Compensation Insurance Certificate are included within Attachment C of this bid package.

7.2 INSTRUCTIONS FOR BIDDERS

This project is subject to labor compliance monitoring and enforcement by the California Department of Industrial Relations.

The DSRSD herby advises all bidders that the successful bidder shall:

1. Employ the appropriate number of apprentices on the job site as set forth in California Labor Code 1777.5;

2. Provide Workers’ Compensation coverage, as set forth in the California Labor Code Sections 1860 and 1861;

3. Keep and maintain the records of work performed on the public works project, as set forth in the California Labor Code Section 1812;

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4. Keep and maintain the records required under California Labor Code Section 1776 which shall be subject to inspection pursuant to California Labor Code Section 1776 and California Code of Regulations, Division 1, Chapter 8, Subchapter 3, Article 6, Section 16400 (e); and be subject to other requirements imposed by law.

In accordance with the provisions of the California Labor Code Sections 1722.1, 1725.5, 1770, 1773, 1773.1, 1773.6 and 1773.7 as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the Work is to be performed. A copy of said wage rates is available online at http://www.dir.ca.gov/dlsr/statistics_research.html#PWD. It shall be mandatory upon the Contractor to whom the Work is awarded and upon any subcontractor to pay not less than said specified rates to all workers employed by them in the execution of the Work. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site by the Contractor.

The DSRSD will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rates on file as aforesaid. The possibility of a wage increase is one of the elements to be considered by the Contractor in determining his/her or its bid and will not, under any circumstances, be considered as the basis of a claim against the DSRSD on the contract.

All bids are to be sent via email to Ryan Pendergraft at pendergraft@dsrsd.com by 2 p.m. on October 28, 2025. Any bids received after the scheduled closing time for receipt of bids will not be viewed and considered.

8.0 CONDITIONS FOR BIDDERS

8.1 GENERAL

This solicitation does not commit DSRSD to pay any costs incurred in the preparation and presentation of submittals or to select any firm that responds. This solicitation covers only the work described herein and does not commit DSRSD to any work beyond that described.

The contents of the RFB Attachments take priority over any conflicting statements in the RFB Sections.

Certain project background documents are being made available as Attachment B (Available Information) for the purpose of preparing Bids. DSRSD is providing these documents only for the purpose of obtaining Bids for the Project and does not confer a license or grant for any other use.

8.2 CONFLICT OF INTEREST

California laws mandate the public disclosure of certain information concerning persons doing business or seeking to do business with DSRSD, including affiliations and business and financial relationships such persons may have with DSRSD officers.

By filing a bid, a Bidder certifies that no officer, agent, or employee of DSRSD who has a pecuniary interest in the RFB has participated in the contract negotiations on the part of DSRSD, that the Bid is made in good faith, without fraud, collusion or connection of any kind with any other Bidder of the same request for bids, and that the Bidder is competing solely in its own behalf without connection with or obligation to, any undisclosed person or firm.

http://www.dir.ca.gov/dlsr/statistics_research.html#PWD mailto:pendergraft@dsrsd.com

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8.3 PROPRIETARY INFORMATION

Except as otherwise provided herein, all records, documents, drawings, plans, specifications, and all other information relating to the conduct of DSRSD’s business, including information submitted by the Bidder (“Records”), shall become the exclusive property of DSRSD and shall be deemed public records. Said Records are subject to the provisions of the California Public Records Act (Government Code § 6250 et.

seq.). DSRSD’s use and disclosure of its records are governed by this Act. DSRSD will use its best efforts to inform the Bidder of any request for any financial records or documents marked “Trade Secret”, “Confidential” or “Proprietary” provided to DSRSD.

The Bidder, at its sole expense and risk, shall be fully responsible for any and all fees for prosecuting or defending any action brought or instituted by Bidder opposing disclosure of Records and shall indemnify and hold DSRSD harmless from all costs and expenses including attorney’s fees and costs of litigation in connection with any such action.

DSRSD will have no liability to the Bidder or the Bidder’s privity concerning disclosure of records in response to a request made in accordance with the California Public Records Act or other applicable law or in accordance with the direction of any subpoena duces tecum, or order of a court of competent authority, and the Bidder, on behalf of itself, and its privities waives, releases and fully discharges such liability.

8.4 RIGHTS OF DSRSD

In connection with this procurement process, including the receipt and evaluation of Bids related to this Project and the award of a Technical Services Agreement, DSRSD reserves to itself (at its sole discretion) all rights available to it under applicable law, including without limitation, with or without cause and with or without notice, the right to:

• Cancel, withdraw, postpone, or extend this RFB, in whole or in part, at any time prior to the execution of the Technical Services Agreement, without incurring any obligations or liabilities;

• Modify the procurement schedule;

• Waive deficiencies, informalities and irregularities in a Bid and accept and review a non-conforming Bid;

• Suspend and terminate the procurement process or terminate evaluations of Bids received;

• Permit corrections to data submitted with any Bid;

• Hold meetings and interviews, and conduct discussions and correspondence, with one or more of the Bidders to seek an improved understanding of any information contained in a Bid;

• Seek or obtain, from any source, data that has the potential to improve the understanding and evaluation of the Bids;

• Seek clarification from any Bidder to fully understand information provided in the Bid and to help evaluate and rank the Bidders;

• Reject a Bid containing exceptions, additions, qualifications, or conditions not called for in the RFB or otherwise not acceptable to DSRSD;

• Conduct an independent investigation of any information, including prior experience, included in a Bid by contacting project references, accessing public information, contacting independent parties, or any other means; and

• Request additional information from a Bidder during the evaluation of its Bid.

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8.5 ADDENDA

If any revisions to the RFB or procurement process become necessary or desirable (at DSRSD’s sole discretion), DSRSD may issue written addenda. DSRSD will email all addenda to the individuals identified in its acknowledgement to the RFB.

Any protest to DSRSD’s action in connection with this procurement must be filed in writing no later than five (5) working days following such action and must be in strict accordance with DSRSD’s applicable procedures and with applicable law.

ATTACHMENT A

TECHNICAL SERVICES AGREEMENT

COMPANY NAME

Project Name CIP Number

MONTH YEAR

TOC-1 TSA Version April 2021

DUBLIN SAN RAMON SERVICES DISTRICT

Technical Services Agreement

Table of Contents

TECHNICAL SERVICES AGREEMENT

Section 1: The Agreement Section 2: Time of Performance Section 3: Payment Section 4: Termination Section 5: Electronic Signatures

GENERAL AGREEMENT PROVISIONS

1. Bonds

2. Insurance

3. Hold Harmless and Indemnification

4. Laws and Regulations

5. Permits and Licenses

6. Sales and Use Taxes

7. Patents and Copyrights

8. Termination

9. Waste Disposal

10. Additions, Deletions and Changes

11. Equal Opportunity Employer

12. Successors and Assigns

13. Subcontractors

14. Responsibility for the Work

15. Inconsistencies and Omissions

16. Inspection of Site(s)

17. Examination of Agreement

18. Waiver or Acquiescence

19. Liquidated Damages

20. Prevailing Wages

21. Safety

22. Differing Site Conditions

23. Retention

24. Dispute Resolution

25. Underground Work

26. Forms Included as Part of the Agreement

27. Warranty and Scheduled Maintenance

FORMS

Proposed Subcontractors Affidavit of Non-Collusion Bond of Faithful Performance Payment Bond Workers’ Compensation Insurance Certificate Escrow Agreement for Security Deposits in Lieu of Retention Warranty Form Certification of Drug-Free Workplace Requirements

1 TSA Version April 2021

DUBLIN SAN RAMON SERVICES DISTRICT

THIS AGREEMENT for technical services is between Dublin San Ramon Services District ("District") and _______________________________________________________ ("Contractor"). Contractor's address is ___________________________________________________, telephone _______________, and fax number _______________. Contractor is a [ ] corporation, [ ] partnership, [ ] individual, having taxpayer's identification or Social Security number ________________, and professional license class and number

Section 1: The Agreement.

District and Contractor agree that Contractor shall perform technical services for District on the terms and conditions herein set forth in connection with District's project number _____________ for ________________________________________. The following documents are attached hereto and are a part of this Agreement:

Attachment A – General Agreement Provisions Attachment B – Scope of Work Attachment C – Contractor’s Rates and Charges

This Agreement, including said attachments, constitutes the entire agreement between the parties and supersedes any prior proposals, representations, or understandings. This Agreement may be modified only by a written amendment signed by each party.

Section 2: Time of Performance.

Unless otherwise stated in Attachment B, Contractor is authorized to commence performance of this Agreement upon its execution by the District and receipt of a Notice to Proceed from the District. Contractor shall complete all services covered by this Agreement no later than __________ unless this date is extended by District in writing. If Contractor fails to complete the services by said date, Contractor shall pay District as liquidated damages $________ per day of default.

Section 3: Payment.

Contractor shall, at convenient intervals not more frequently than monthly, submit itemized statements of services performed at the rates and charges in Attachment C. District shall pay for work satisfactorily performed within thirty (30) days after receipt of a statement, less any retention withheld as specified in Attachment A. The total amount payable by District for Contractor's services pursuant to this Agreement shall not exceed $_____________ without the prior written approval of the District.

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Section 4: Termination.

District may terminate this Agreement at any time by fifteen (15) days prior written notice to Contractor. Upon termination, District shall pay Contractor for all amounts due for service rendered up to the date of termination.

Section 5: Electronic Signatures.

This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original but which together shall constitute one and the same instrument, and the signature pages from any counterpart may be appended to any other counterpart to assemble fully executed documents, and counterparts of this Agreement may also be exchanged via email or other electronic means and any email or other electronic transmission of any party's signature shall be deemed to be an original signature for all purposes.

Dated: ________________________

DUBLIN SAN RAMON SERVICES DISTRICT CONTRACTOR

By: ____________________________ By: ____________________________________

Title: General Manager Title: ___________________________________

Attest: ____________________________ Nicole Genzale District Secretary

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GENERAL AGREEMENT PROVISIONS

1. Bonds

Unless excused by the District, the Contractor shall furnish, on forms provided by the District, a Payment Bond and a Bond of Faithful Performance, each of which shall be in an amount equal to one hundred percent (100%) of the total amount specified in Section 3 (“Payment”) of this Agreement. The Bond of Faithful Performance is to secure the faithful performance of this Agreement, and the Payment Bond is to secure the payment of those to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any kind used or employed by the Contractor in performing the work. Said bonds shall be secured from a surety company satisfactory to District or shall comply with the minimum requirements specified in sections 995.610 through 995.660 of the California Code of Civil Procedure.

2. Insurance

Contractor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

Minimum Scope and Limit of Insurance:

(a) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

(b) Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto) with limit no less than $5,000,000 per accident for bodily injury and property damage.

(c) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and

Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

(d) Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

(e) Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

(f) Contractor’s Pollution Legal Liability: and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the District requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the District.

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The insurance policies are to contain, or to be endorsed to contain, the following provisions:

(a) Additional Insured Status: The District, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a later revisions used).

(b) Primary Coverage: For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance at least as broad as ISO CG 20 01 04 13 as respects the District, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the District, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

(c) Notice of Cancellation: Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the District.

(d) Waiver of Subrogation: Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may require from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the District for all work performed by the Contractor, its employees, agents and subcontractors.

(e) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the District. At the option of the District, either: the Contractor shall cause the insurer to reduce or eliminate such self-insured retentions as respects the Districts, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the District guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or District.

(f) Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the District.

(g) Verification of Coverage: Contractor shall furnish the District with original Certificates of Insurance including all required and amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to District before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The District reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

(h) Special Risks or Circumstances: The District reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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3. Hold Harmless and Indemnification

To the extent permitted by law, the Contractor shall hold harmless the District, its officers, agents and employees from, and indemnify and defend them against any liability, claim or loss for damage to any property or injury to or death of any person or persons in any case arising from or connected with the performance of this Agreement.

4. Laws and Regulations

The Contractor shall observe and comply with all Federal, State, and local laws, ordinances, codes, orders and regulations which in any manner affect those engaged or employed on the work, materials used in the work, or the conduct of the work. If any discrepancy or inconsistency should be discovered in this Agreement in relation to any such law, ordinance, code, order, or regulation, the Contractor shall report the same in writing to the District’s Contract Administrator. The Contractor shall indemnify, hold harmless and defend the District, its officers, agents and employees, against all claims or liability arising from violation of any such law, ordinance, code, order, or regulation, whether by the Contractor, the Contractor's employees, or its subcontractors. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

The Contractor or subcontractor offers and agrees to assign to the District all rights, title and interest in, and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2) commencing with Section 16700 (of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to this Agreement. This assignment shall be made and become effective at the time the District tenders final payment to the Contractor, without further acknowledgment by the parties.

5. Permits and Licenses

Unless otherwise provided, the Contractor shall obtain at his own expense all permits and licenses or property used in connection with the work, including all safety permits for excavations, tunneling, trenches, construction (building structure, scaffolding, or falsework) and demolition required by CAL/OSHA including but not limited to, the permits required by Labor Code Section 6500, and shall pay all taxes properly assessed against his/her equipment or property used in connection with the work. The Contractor shall possess a current and valid State of California Contractor's License/endorsement, and shall not employ any subcontractors that are not properly licensed in accordance with State law, or change any subcontractors listed in this Agreement without the consent of the District using the procedures set forth in Public Contract Code 4100 et. seq.

6. Sales and Use Taxes

The Contractor shall pay all sales and use taxes assessed by Federal, State, or local authorities on parts and materials furnished by the Contractor in the performance of the work.

7. Patents and Copyrights

The Contractor shall defend, indemnify, and save harmless the District, its officers, agents and employees against all claims or liability arising from the use of any patented or copyrighted design, device, material, or process used by Contractor or any subcontractors in the performance of the work.

8. Termination

If any or all services to be performed under this Agreement are abandoned by the Contractor, or if the District determines that the schedule of service is not being maintained, or that the Contractor is violating any of the conditions or provisions of this Agreement or failing to provide a consistently high level of service; and if the Contractor fails to remedy such default within three (3) days after receipt of written notice of such default, or, 4 TSA Version April 2021 within three (3) days after receipt of District’s written consent to such longer period to remedy such default, fails to provide satisfactory evidence that such default will be promptly corrected, the District may, at its sole election, choose to terminate any or all portions of this Agreement, or withhold any amounts otherwise due under this Agreement. Thereupon, the District will have the right to complete such service by whatever method the District deems expedient. Any additional expense for completing such service shall be chargeable to the Contractor.

Additionally, the District may, at its option, terminate this Agreement in whole or in part, at any time, by written fifteen (15) day notice thereof to the Contractor, whether or not the Contractor is in default. Upon such termination, the Contractor shall waive any claims for damages, including loss of anticipated profits on account thereof.

9. Waste Disposal

The Contractor shall properly transport and dispose of all waste, including hazardous wastes, generated by these activities. Copies of proper disposal documentation must be maintained by the Contractor and submitted to District on demand.

10. Additions, Deletions and Changes

The District reserves the right to add, delete, or change the scope of work under this Agreement and may do so upon giving written notice to the Contractor. To the extent possible, payment will be made at the unit price set forth in Attachment C. If other changes cause an increase or a reduction in the costs of this Agreement, the parties shall attempt to negotiate an equitable adjustment based upon an acceptable lump sum proposal from the Contractor. Any agreed upon adjustment to the prices shall be incorporated in a written Change Order issued by the District, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim any further cost and time impacts at any time during and after completion of this Agreement for the changes encompassed by the Change Order.

If the parties cannot agree on a lump sum adjustment, the Contractor shall proceed to do the additional work on a "force account" or time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following:

(a) Direct labor cost for workers, who are directly assigned to the force account work, including wages, fringe benefits, if any (as established by negotiated labor agreements or State prevailing wages), and a labor surcharge of thirty percent (30%) for all other fixed labor burdens such as workers' compensation and labor insurance, and labor taxes.

(b) Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor.

(c) Equipment rental, for those days or hours during which the equipment is in actual use based on actual rental and transportation invoices.

A fixed fee not to exceed ten percent (10%) of the costs of Items (a), (b), and (c) above covering the cost of general supervision, overhead, profit, bond, insurance, and any other general expenses.

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11. Equal Opportunity Employer

The District is committed to equal employment opportunities. The District encourages the consideration and utilization of minority and women-owned businesses.

12. Successors and Assigns

Contractor shall not assign, sell, sublet, or subcontract all or any portion of this Agreement or any personal interest herein or any property, real or personal, used hereunder, without the prior written consent of the District. No assignments by Contractor shall be effective until the assignee shall, in writing, agree to assume and fully perform all of the terms and provisions of this Agreement.

13. Subcontractors

Nothing contained in this Agreement shall create any contractual relation between any subcontractor and the District.