Vista City Council
May 13, 2025




EXHIBIT LIST

1. Design/Build Services Proposal, Schedule of Rates, and Project Schedule

2. Insurance and Bonding Requirements

3. Request for Proposal (RFP)

4. Project Site

5. Agreement to Comply With California Labor Law Requirements 05/13/2025 C9 108 of 1078
2430 Auto Park Way,
Suite 205
Escondido, CA 92029
05/13/2025 C9 109 of 1078
BBilling Category Staff Biling Rate per Hour
GSE Staff
Preconstruction Manager Richard Harte $145
Project Manager Steven Villanueva $140
Estimator Juan Catano $130
Construction Manager/
Superintendent Jeff Burnach $135
Project Engineer Adam Gil $95
Project Administrator Alexia Leon $65
N2W Staff
Principal In Charge James Wang, PE $295
Engineering Project Manager Gregory Guillen, PhD, PE $260 Design Lead Justin Scheidel, PE $220
Staff Engineer Fernando Lopez $190
Project Engineer Hunter Markle $175
Raceway and Buena Creek Pump Station Improvements and FOG Abatement GSE / N2W Design Build Team
Time and Materials Rate Schedule
05/13/2025 C9 110 of 1078
ID Task Name Duration Start Finish
1 Phase 1 - Design and Pre-Construction Services 80 days Tue 5/20/25 Mon 9/8/25 2 Phase 1 - Notice to Proceed 0 days Tue 5/20/25 Tue 5/20/25 3 Kick-Off Meeting 0 days Mon 5/26/25 Mon 5/26/25
4 Information Request 10 days Tue 5/27/25 Mon 6/9/25
5 30% Design Development 20 days Tue 5/27/25 Mon 6/23/25 6 Pump Station Site Visits 0 days Mon 6/9/25 Mon 6/9/25 7 Submittal of 30% Design Submittal 0 days Mon 6/23/25 Mon 6/23/25 8 City Review of 30% Design 10 days Tue 6/24/25 Mon 7/7/25 9 30% Design Review Meeting 0 days Mon 7/7/25 Mon 7/7/25 10 Development of 60% Design 15 days Tue 7/8/25 Mon 7/28/25 11 Submittal of 60% Design Submittal 0 days Mon 7/28/25 Mon 7/28/25 12 City Review of 60% Design 10 days Tue 7/29/25 Mon 8/11/25 13 60% Design Review Meeting 0 days Mon 8/11/25 Mon 8/11/25 14 Development of the GMP 25 days Tue 7/8/25 Mon 8/11/25 15 Submittal of the GMP 0 days Mon 8/11/25 Mon 8/11/25
16 City Review, Negotiation, and Approval of the GMP 20 days Tue 8/12/25 Mon 9/8/25 17 Phase 2 - Construction Services 125 days Tue 7/8/25 Mon 12/29/25 18 Pre-Procurement of Required Equipment 60 days Tue 7/8/25 Mon 9/29/25 19 Phase 2 - Notice to Proceed 0 days Mon 9/22/25 Mon 9/22/25 20 Development of the 100% Design 20 days Tue 9/9/25 Mon 10/6/25 21 Raceway Pump Station 25 days Tue 9/23/25 Mon 10/27/25 22 Mobilization to the Raceway Pump Station 5 days Tue 9/23/25 Mon 9/29/25 23 Installation of Compressor and Controller 10 days Tue 9/30/25 Mon 10/13/25 24 Installation of PHi System within Wetwell 5 days Tue 10/14/25 Mon 10/20/25 25 Injection Grout and Repair of Overflow Basin 15 days Tue 9/30/25 Mon 10/20/25 26 Demobilization 5 days Tue 10/21/25 Mon 10/27/25
27 Buena Creek Pump Station 50 days Tue 10/21/25 Mon 12/29/25 28 Mobilization to Buena Creek Lift Station 5 days Tue 10/21/25 Mon 10/27/25 29 Installation and Testing of Bypass Equipment 15 days Tue 10/28/25 Mon 11/17/25 30 Pump Station Bypass Operation 15 days Tue 11/18/25 Mon 12/8/25 31 Installation of Compressor and Controller 10 days Tue 10/28/25 Mon 11/10/25 32 Repair of T-Lock 1 day Tue 11/25/25 Tue 11/25/25
33 Installation of PHi System within Wetwell 5 days Tue 11/18/25 Mon 11/24/25 34 Replacement of Valves 15 days Tue 11/18/25 Mon 12/8/25 35 Reconfiguration of Discharge Piping 15 days Tue 11/18/25 Mon 12/8/25 36 Slide Gate Replacement 5 days Tue 11/18/25 Mon 11/24/25 37 Transition to Normal PS Operation 5 days Tue 12/9/25 Mon 12/15/25 38 Removal of Bypass Equipment 5 days Tue 12/16/25 Mon 12/22/25 39 Demobilization 5 days Tue 12/23/25 Mon 12/29/25
40 Phase 3 - Operation/Startup 10 days Tue 12/16/25 Mon 12/29/25 41 Startup and Training for PHi Systems 5 days Tue 12/16/25 Mon 12/22/25 42 Project Closeout 0 days Mon 12/29/25 Mon 12/29/25
5/20
5/26
6/9
6/23
7/7
7/28
8/11
8/11
9/22
12/29
18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 Jun '25 Jul '25 Aug '25 Sep '25 Oct '25 Nov '25 Dec '25 Jan '26 The City of Vista - Raceway and Buena Creek Pump Stations Progressive Design Build Project April 2, 2025
05/13/2025 C9 111 of 1078
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Design / Build RFP
Raceway Basin (8320) & Buena Creek (8324) Pump Station - Fog Abatement, Raceway Basin Overflow Imp. (8321) & BCPS Mechanical Valve Mods (8345)
4901-8583-6558, v. 1

REQUEST FOR PROPOSALS (RFP)
for the
DESIGN AND CONSTRUCTION OF:

CIP 8320 - RACEWAY BASIN PUMP STATION FOG ABATEMENT
CIP 8321 – RACEWAY BASIN PUMP STATION OVERFLOW

BASIN IMPROVEMENTS
CIP 8324 - BUENA CREEK PUMP STATION FOG ABATEMENT
CIP 8345 – BUENA CREEK PUMP STATION MECHANICAL

VALVE MODIFICATION

DESIGN-BUILD PROJECT
Submittal Deadline: March 20, 2025 @ 4pm
(;+,%,7
05/13/2025 C9 115 of 1078
Design / Build RFP
Raceway Basin (8320) & Buena Creek (8324) Pump Station - Fog Abatement, Raceway Basin Overflow Imp. (8321) & BCPS Mechanical Valve Mods (8345)

4901-8583-6558, v. 1
Table of Contents

1.0 INTRODUCTION .................................................................................................................................. 1

2.0 RESPONSE DATE ............................................................................................................................... 1

3.0 PROJECT DESCRIPTION ..................................................................................................................... 2

4.0 GENERAL OBLIGATIONS OF DB ........................................................................................................ 2

5.0 SCOPE OF WORK ............................................................................................................................... 7

5.1.1 Design and Pre-Construction Services – Phase 1 ............................................................... 7

5.1.2 Construction Services – Phase 2 .......................................................................................... 8

5.1.3 Operation/Start-up Services - Phase 3 ................................................................................ 8

6.0 INSURANCE REQUIREMENTS .................................................................................................... ....... 8

7.0 INSPECTION ....................................................................................................................................... 8

8.0 CHANGE IN GMP AND CONTRACT TIME ........................................................................................... 8

9.0 PROJECT COMPLETION ..................................................................................................................... 9

10.0 WARRANTIES AND GUARANTEES ................................................................................................... 9

11.0 MAINTENANCE OF RECORDS AND ACCOUNTING ....................................................................... 10

12.0 OWNERSHIP OF DOCUMENTS ...................................................................................................... 10

13.0 PROPOSAL RESPONSE REQUIREMENTS ..................................................................................... 10

13.1 Format, Due Date, Quantities ............................................................................................... 10

13.2 General Response Requirements ........................................................................................ 11

13.3 Contents.................................................................................................................. ............... 11

13.3.1 General Information ................................................................................................... 12

13.3.2 Experience and Technical Competence ................................................................... 12

13.3.3 Proposed Method to Accomplish the Work .............................................................. 12

13.3.4 Project Organization and Key Personnel .................................................................. 12

13.3.5 Financial Arrangements for DBT Members .............................................................. 13

13.3.6 Minimum Contractor Qualifications .......................................................................... 13

13.3.7 Schedule of Rates and Fees ..................................................................................... 13

13.3.8 Preliminary Design and Construction Schedule ....................................................... 14

13.3.9 Exceptions to Project Information ............................................................................. 14

13.3.10 Additional Information ............................................................................................. 15

14.0 PUBLIC DISCLOSURE .................................................................................................................... 15

15.0 PROPOSAL SCHEDULE .................................................................................................................. 15

16.0 PROPOSAL SELECTION PROCESS ................................................................................................ 16

17.0 PROPSAL EVALUATION CRITERIA ................................................................................................. 16

18.0 CONTRACT TERMS AND CONDITIONS ......................................................................................... 17

05/13/2025 C9 116 of 1078
Design / Build RFP
Raceway Basin (8320) & Buena Creek (8324) Pump Station - Fog Abatement, Raceway Basin Overflow Imp. (8321) & BCPS Mechanical Valve Mods (8345)

4901-8583-6558, v. 1
APPENDICES:

APPENDIX A – Standard Agreement
APPENDIX B – Project Vicinity Map
APPENDIX C – Insurance and Bonding Requirements
APPENDIX D – Fats, Oils, and Grease Mitigation Recommendation Technical Memorandum” dated July 20, 2021 prepared by HDR, Inc.

05/13/2025 C9 117 of 1078
Design / Build RFP
Raceway Basin (8320) & Buena Creek (8324) Pump Station - Fog Abatement, Raceway Basin Overflow Imp. (8321) & BCPS Mechanical Valve Mods (8345)

1 4901-8583-6558, v. 1

DESIGN/BUILD SERVICES REQUEST FOR PROPOSALS
RACEWAY BASIN (8320) & BUENA CREEK (8324) PUMP STATION FOG ABATEMENT, RACEWAY BASIN PUMP STATION OVERFLOW BASIN IMPROVEMENTS (8321), AND BCPS MECHANICAL VALVE MODIFICATION (8345) DESIGN-BUILD PROJECT

1.0 INTRODUCTION

1.1 The City of Vista (City) and Buena Sanitation District (BSD), are soliciting proposals from qualified design-builder entities (D B) to design and construct four related projects: Raceway Basin Pump Station FOG Abatement (CIP 8324), the Buena Creek Pump Station FOG Abatement, the Raceway Basin Pump Station Overflow Basin Improvements (CIP 8321), and Buena Creek Pump Station Mechanical Valve Modification (CIP 8345) projects. The selected DB will provide the City and District with engineering design, construction, environmental compliance, and construction management services for the project. This Request for Proposals (RFP) includes a description of the project, proposal requirements, criteria for selection, and scope of services to be provided by prospective DBs.

The selected DB must provide a design-build team (DBT) for the Project comprised of professional engineers, sub-consultants and sub-contractors. All DBT members must be licensed/registered in the State of California under their respective professions.

Interested DB shall review and utilize existing data, previous relevant work, and additional resources during the proposal ph ase, including but not limited to studies and field investigations, to determine the necessary level of effort required for the Project, and to complete, sign and stamp the Project design as the engineer of record.

2.0 RESPONSE DATE

2.1 Proposals for this solicitation must be submitted electronically through the City’s Electronic Bidding System (OpenGov). Hardcopy proposals will not be accepted.

Proposers must create a free account with OpenGov at:

https://secure.OpenGov.com/signup

Registered proposers may obtain proposal materials and view submission procedures for this solicitation on the City’s OpenGov portal at:

https://secure.OpenGov.com/portal/cityofvista
Proposers must also download this solicitation in order to appear on the Bidder’s List as a “Prospective Bidder.” Proposers that fail to download this solicitation will not appear on the Bidders’ List and will not receive addenda or be able to submit a proposal. All proposals for this solicitation must be submitted online by M March 20,
2025 at 4 P.M. (on the dot).

OpenGov will determine the official time for the advertised proposal due date and such determination will be final. Any proposals not received in a timely manner on the Proposal Due Date, as described above, will not be considered. 05/13/2025 C9 118 of 1078
Design / Build RFP
Raceway Basin (8320) & Buena Creek (8324) Pump Station - Fog Abatement, Raceway Basin Overflow Imp. (8321) & BCPS Mechanical Valve Mods (8345)

2 4901-8583-6558, v. 1

3.0 PROJECT DESCRIPTION
The project is in the City of Vista at the Buena Creek Pump Station (BCPS) located near S.

Melrose Dr. and Green Oak Rd, and the Raceway Basin Pump Station (RBPS) located near S.

Melrose Dr. and Faraday Ave. The BCPS and RBPS are owned by Buena Sanitation District (BSD) and City of Vista (CoV); however, the pump stations are operated and maintained by Encina Wastewater Authority by contract.

The BCPS was built in 2002 and conveys raw wastewater to the Encina Water Pollution Control Facility (EWPCF) in Carlsbad. The pump station has a design capacity of 8.8 million gallons per day (MGD) and an average daily flow of 2.1 MGD. Influent wastewater enters the pump station through dual 24-inch pipelines. Before entering the wet well, influent water passes through parallel channel grinders. Effluent water leaves the pump station through a 24-inch ductile iron pipeline that connects to an 18-inch polyvinyl chloride (PVC) force main.

This force main ultimately joins BSD's force main to the EWPCF.

The City owns the RBPS. In 2007, the facility was replaced with the current facility, which has a design flow of 1.9 MGD. The current average daily wastewater influent flow is approximately 0.5 MGD.

Encina Wastewater Authority (EWA) provides operational, maintenance, and administrative contract support services under a Memorandum of Understanding (MOU) agreement with the City. BCPS and RBPS are considered critical infrastructure to the City' s sanitary sewer system.

Both stations are experiencing routine Fats, Oils, and Grease (FOG) accumulation. The operation and maintenance (O&M) staff are spending hours per week breaking down the FOG build up in the wet wells. Staff use water hoses to break down the FOG mat in the wet well to their best of abilities and increased pump speed to drain the wet well.

The City and District contracted with HDR, Inc. to study the FOG issue and evaluate several solutions at BCPS and Raceway Basin Pump Station, which is also experiencing FOG accumulation. The resulting Technical Memorandum titled “Fats, Oils, and Grease Mitigation Recommendation Technical Memorandum” dated July 20, 2021, is included as Appendix D of this RFP. The study carefully evaluated several different technologies against robust evaluation criteria and found that a large volume air bubble mixer by Pulsed Hydraulics, Inc. (PHi) to be the best alternative to mitigate the FOG accumulation issue at BCPS and RBPS.

Additionally, there are approx. 24 valves within the BCPS that require replacement and a seized (open) isolation gate within the wet well that requires repair or replacement at the Buena Creek Pump Station. The BCPS pump discharge piping is configured with 8-inch and 12-inch piping and valves, to allow for pump isolation and varied operating modes. Six of the plug valves are configured such that under normal or primary modes of operation, the seating side of the valve is incorrectly facing the unpressurized side of the system. A May 2021 condition assessment and October 2021 site assessment identified required mechanical modifications including replacement of all the discharge valves and removal and replacement of six plug valves ensuring seating side of valve faces pressurized side of system. In addition, there are several suction valves that are leaking. These valves are direct like for like replacements but likely require station bypass. 05/13/2025 C9 119 of 1078
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The BCPS force main manifold piping includes some ability to isolate pumps three, four, and five for maintenance purposes, however pumps one and two lack such ability. With potentially minor modifications, isolation of pumps one and two may be possible. The District wishes to also analyze and potentially construct modifications to the BCPS manifold piping to allow for future isolation of each side of the force main manifold so that future valve maintenance can be achieved without externally bypassing the pump station.

Though discussions with PHi indicate that the pulsed air bubbler FOG abatement system can be manufactured / engineered to be installed in the wet wells in a live low flow condition, it is anticipated that the system will be installed at the same time as the mechanical valve replacements / modification during a bypass operation at the Buena Creek Pump Station.

However, since no other work is proposed at Raceway Basin Pump Station, the PHi system will only be implemented if it can be installed in live and/or low flow conditions without an external bypass. The system should be installed in a manner that will allow future removal/repair in live flow conditions without system bypass.

Lastly, the Raceway Pump Station Emergency Overflow Basin Improvements project (CIP 8321) addresses groundwater, or other water sources entering the emergency overflow basin at the Raceway Pump Station which is reducing storage volume and potential vector control issues. The main objectives are to eliminate and/or reduce the source of groundwater with a subdrain system, utilize injection grouting if necessary to seal cracks in the basin, and reseal the overflow basin with an appropriate lining method.

The City and District have decided to utilize the progressive design-build delivery (PDB) model to complete these projects. By using the collaborative PDB delivery model, the intent is to complete the scope within the available budget, leverage prior work products, and streamline schedule to complete project and minimize time under bypass conditions.

The project includes services required of the progressive DB include those during Pre- Construction and Construction, and Operations/Start-up of the Project. The guaranteed maximum price (GMP) will be developed based on all management, supervision, labor, services, equipment, tools, supplies, and any other item of every kind and description required for a comprehensive design and construction program.

4.0 GENERAL OBLIGATIONS OF DB

4.1 The services to be provided by the selected DB are generally to be performed in three “Phases”: Design and Pre-construction Services (Phase I), Construction Services (Phase II), and Operation/Start-up Services (Phase III). The services to be provided in each Phase are specified below in Section 5.0 (Scope of Work). The selected DB shall:

1. Perform all services, work and obligations as described herein for Phase I for a not to exceed price as specified in DB’s Project Cost Estimate. At 60% complete construction documents during Phase I, a Guaranteed Maximum Price (GMP) will be established for the Phase II and III services, which will include, but not be limited to the cost for all labor, equipment, and material to design and build fully functional facilities, site work, permitting, and 05/13/2025 C9 120 of 1078
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improvements in accordance with all applicable rules, regulations, and laws and insurance and bonding. The DB shall provide line items for bonding, insurance and fifteen (15) percent DB contingency in the GMP. The DB fee shall be a percentage of the cost of construction defined as the total sum of trade contracts (subcontractors), materials (purchase orders), equipment, self-performed work and general conditions. The DB fee shall not be applied to bonds or contingency amounts. Any costs incurred by DB in excess of said GMP shall be the sole responsibility of the DB, unless a Change Order is approved by the City. Any Savings at the end of the Project will be deducted from the GMP and returned to the City. The total cost for Phases I, II and III shall not exceed DB’s Project Cost Estimate as described in Section 13.3.7.

4.2 The selected DB shall be obligated as follows:

1. Provide all supervision, labor, equipment, technical expertise, safety equipment, and service operations to complete the Project.

2. At all times in performing its services, design and deliver the best possible Project consistent with the standard of care that satisfies the time, monetary, quality and design parameters set forth in this RFP and the Design/Build Contract.

3. Design and construct the Project on time, consistent with timeframes set forth in the Project Schedule, and in such a manner that the GMP or Contract Time of the Project shall not be exceeded, except by written Change Order as provided in the Design/Build Contract. DB shall provide a master accounting system and matrix using software acceptable to City that will be updated, expanded and provided to the City monthly as the Project develops.

4. Perform all services as expeditiously as is consistent with reasonable skill and care and shall complete the services within each and all of the time periods set forth in the Project Schedule.

5. Perform all construction on the Project utilizing subcontractors appropriately licensed by the California Contractors State License Board or other required agency.

6. Perform or subcontract all design services for the Project utilizing qualified, licensed and experienced engineers, and other professionals (“Design Consultants”) as identified in the Project Schedule. DB shall not be permitted to substitute any Design Consultant unless authorized by City. The fact that the City approves the subcontracting of any such services will in no way relieve the DB of any of its obligations or responsibilities under this RFP or the Design/Build Contract.

7. Review all technical reports relating to the Project Site; and determine and advise City if any additional studies are warranted. DB shall perform said studies as authorized by City. The costs of said studies are Reimbursable Costs to be paid by the City without markup.
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8. Ensure that DB personnel conduct themselves in a professional manner at all times. Personnel shall be courteous, net in appearance, and wear visible identification including all personal protective equipment. All equipment must display their company identification, including any subcontractors.

9. Comply with the California Fair Employment and Housing Act and all other State, Federal and local laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap.

10. Take all reasonable steps during the course of the Project so as not to interfere with the ongoing operation of the adjacent residences, businesses and facilities, including but not limited to the following:
a. Not interfere with pedestrian and vehicular access.

b. Take all reasonable steps during the course of construction to control dust in accordance with the provisions in the 2021 Edition of the Standard Specifications for Public Works Construction and most recent Supplement (“Greenbook”). Ensure that all work conforms to the City of Vista noise ordinance unless authorized by the designated City representative. The DB shall ensure all DBT personnel comply with all relevant OSHA, Cal/OSHA, and labor and industrial work safety regulations at all times they are on the Project Site. The DB is responsible for implementing confined space entry procedures in accordance with all applicable laws and regulations.

c. At all times, contractor shall maintain unobstructed access to the pump station(s) control room, generator, wetwell, pumps, grinders, odor reduction system, and utilities closet to satisfaction of Encina Wastewater Authority. EWA must be able to maintain reasonable access for crane truck operation and diesel fuel deliveries.

11. Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to, zoning, environmental, building, fire and safety codes and coverage, and lien laws, and comply with them in performance of its services. DB shall ensure that the Project design conforms to all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements, (collectively “Governmental Requirements”) existing as of the date of the Design/Build Contract. However, the City recognizes that Governmental Requirements and their interpretations by governmental officials (“Code Authority”) are often subject to change at any time, even after issuance of a notice to construct. If, after the date of the Design/Build Contract, modifications to the Project are required because of a change in Governmental Requirements or their interpretation by a Code Authority which had not previously been given, or which if given, was different than a prior interpretation of a Code Authority, DB shall make the required modifications 05/13/2025 C9 122 of 1078
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to comply with the same. However, in the event of such an occurrence the compensation to DB and the associated design and pre-construction schedule may be subject to an adjustment. Nothing contained in this paragraph shall relieve DB of its obligations to modify the Project at its own expense where DB has failed to design the Project in compliance with Governmental Requirements applicable as of the date of the Design/Build Contract.

12. Obtain all permits necessary to complete the Project. City shall reimburse cost of permits, except that DB shall be responsible for obtaining and paying for all permits normally obtained by the trades or subcontractors.

13. Adhere to the provisions of all permits and rules and regulations, including those from the 2021 Edition of the Standard Specifications for Public Works Construction and most recent Supplement (“Greenbook”), latest California Building Standards Code (Cal. Code Regs., Title 24) and the City of Vista.

14. Comply with all licensing requirements of the State of California, County of San Diego, and the City of Vista.

15. Use reasonable care to avoid damaging existing improvements, buildings, equipment and vegetation adjacent to the Project Site. If DB causes damage to any of this property, DB shall replace, or repair said property at no expense to City and shall not be a basis for seeking an adjustment to the GMP or Contract Time. DB agrees to indemnify City for any and all fines, penalties, liabilities, cost imposed upon City, its officers, employees and agents as a result of this Project.

16. Perform Quality Control (“QC”). Review the drawings and specifications in order to identify and correct errors and omissions and reduce the quantity of Change Orders during the course of construction. Include a detailed review of drawings and designs relative to applicable laws.

17. Be fully responsible for damages, and liabilities resulting from errors or omissions below the standard of care defined in Section 4.2.19 by DB or DB’s agents, employees, design consultants and contractors; such costs, damages and liabilities shall not be chargeable to the City nor shall they be a basis for seeking an adjustment in the GMP or Contract Time.

18. DB agrees to fully assume all risks, and costs associated with such risks, in performing the services and meeting the obligations under the Design/Build Contract. DB shall verify actual site conditions, topography, and facility conditions.
a. Unanticipated subsurface site conditions.
i. City assumes risks for unanticipated subsurface site conditions provided DB notifies City in writing within five (5) calendar days of discovery if DB believes it has uncovered or revealed a condition which:
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1. Differs materially from that indicated in the
geotechnical and geological reports, or any other
reports or information existing or made available in
connection with this RFP.

2. Is of an unusual nature and differs materially from
conditions ordinarily encountered and generally
recognized as inherent in the work required by this
RFP and the Design/Build Contract.
ii. Upon receipt of a written notice, City shall promptly investigate and if it determines the conditions do materially differ, requiring a change in the Work, City shall commence the processing of a Change Order as provided in the
Design/Build Contract. If City determines there is no bona fide Work scope change or is a minor change, which does not
impact GMP or Contract Time, City shall notify DB within ten (10) calendar days.
iii. DB shall not be entitled to an adjustment in the GMP or Contract Time if DB knew or should have known of the
existence of such conditions at the time DB submitted and agreed to GMP or Contract Time; or the existence of such condition could reasonably have been discovered as a result of DB’s obligations pursuant to Sections 5.1.1(13) and

5.1.1(14).

19. DB shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Compliance with this section by DB shall not in any way excuse or limit DB’s obligations to fully comply with all other terms in the Design/Build Contract.
a. Contractor’s License. DB warrants that at least one member of the DB team shall be licensed by the California Contractor’s State License Board as a Class A General Engineering Contractor. DB is to provide a list of the responsible people within their organizations performing services, which shall include their qualifications and their function, for approval by the City prior to start of services. City and DB shall establish “key personnel” who shall remain on the Project until Final Completion. If any such “key personnel” leave the employment of DB, City shall have the right to approve the replacement personnel assigned to this Project. DB shall comply with all licensing requirements of the State of California, County of San Diego, and City of Vista.
b. Project Manager and Project Design Engineer. Throughout all phases of the Project hereunder, the individual project manager, and project design engineer shall be as reflected in the Project Schedule. So long 05/13/2025 C9 124 of 1078
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as the Individual Project Manager and Project Design Engineer remain in the employ of the General Contractor and/or Engineer, such persons shall not be changed or substituted from the Project or cease to be fully committed to the Project as deemed necessary by the City in its reasonable discretion, without the prior written consent or instruction of the City.
c. City Right to Remove Project Manager, and Project Design Engineer.

Notwithstanding the foregoing provisions of Section 4.2.19, if the Individual Project Manager or Project Design Engineer, proves not to be satisfactory to the City, upon written notice from the City to the DB, such person or person shall be promptly replaced by a person who is acceptable to the City in accordance with the procedures set forth below.
d. Replacement Selection of Project Manager and/or Project Design Engineer. Within five (5) working days after receipt of a notice from the City requesting the replacement of any Individual Project Manager or Project Design Engineer, or promptly following the discovery by the Design Build Team that any Individual Project Manager, or Project Design Engineer is leaving the employ of the DB or Engineer, as the case may be, the replacement/substitution (together with such person’s resume and other information regarding such person’s experience and qualifications) for approval by City. The replacement/substitution shall commence work on the Project no later than five (5) calendar days following the City’s approval of such replacement, which approval shall not be unreasonably withheld.

20. DB agrees and acknowledges that the City Representative is the only person with authority to approve additions or modifications to Project. Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of the City Representative shall be borne exclusively by DB and not be grounds for an increase in the GMP or Contract Time, unless necessary to protect public health, safety or property.

21. DB shall fully cooperate with City Representative and any of its agents assigned to this project.

22. The DB shall remain in compliance with the City of Vista stormwater protection program and shall exercise every reasonable precaution to prevent the discharge of any material which is not solely storm water (i.e., rain events) to the storm drain system. The DB will be responsible for the complete cleanup of all material that is discharged from the project in violation of the discharge rules.

25. Payment of prevailing wages is required for this project. The DB shall satisfy this requirement by reviewing the State of California schedule of general prevailing wage determination made by the Director of Industrial Relations. 05/13/2025 C9 125 of 1078
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26. All DBT members must have a valid business license with the City of Vista prior to the Design/Build Contract being awarded to the selected DB.

27. The DB shall comply with all requirements of Encina Wastewater Authority including but not limited to:
a) EWA requests disclosure, tracking, and updates on all ICE equipment due to new regulatory reporting requirements from San Diego APCD. b) Provide EWA with copies of all APCD permits as required to operate diesel driven bypass pumps/ generators and maintenance of those permits throughout the project
c) Acknowledgement of EWA’s contractor safety policy
d) Crane lifting plans (if lifts are at or over 75% of the crane’s capacity) e) Station Bypass Spill Response plan
f) Bypass plan with list of emergency contact numbers and names of contractors that will be staffing the bypass pumping system

5.0 SCOPE OF WORK

5.1 Services required of the DB include those during Design and Pre-Construction, Construction, and Operations/Start-up of the Project. The GMP will be developed based on all management, supervision, labor, services, equipment, tools, supplies, and any other item of every kind and description required for a comprehensive design and construction program. The scope of work includes the design, construction, and start-up of the Project. The Work consists of, but is not limited, to the following:

ƒ Consultation with Pulsed Hydraulics, Inc., and/or their authorized representatives on the design and implementation of FOG dispersion large volume air bubbler identified in HDR study. Note: Pulsed Hydraulics, Inc. will provide design of system itself. DB contractor to provide design for installation of products supplied by PHi.
ƒ Design, implementation, operation, and 24-hour emergency response of wastewater flow bypass to facilitate required improvements at BCPS. ƒ Design, acquisition, installation, configuration, testing, and fine-tuning of Pulsed Hydraulics, Inc. large volume air bubbler system identified in HDR report at BCPS, and RBPS if feasible without bypass.
ƒ Training of select operations and maintenance requirements of PHi system. ƒ Evaluation, acquisition, installation, and testing of approx. 24 valves internal to BCPS.
ƒ Evaluation and potential modification of force main manifold piping to allow for future pump isolation at BCPS.
ƒ Evaluation and replacement and/or repair of seized wet well isolation gate at BCPS.
ƒ Coordination during station bypass to allow for Encina Wastewater Authority staff to repair a small tear in wet well liner at BCPS. ƒ Provide solution(s) to address groundwater intrusion at RBPS Overflow Basin, and seal cracks & surface of basin.
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ƒ Other duties as assigned by City/District

5.1.1 Design and Pre-Construction Services – Phase 1
The City and the DB shall work together to agree on the Phase 1 not-to- exceed cost and scope of work up to the 60% design package. Phase 1 will include a Basis of Design Memo, Draft 60% Design, Final 60% Design, permitting activities, and the supplemental field investigations to support the design and pre-construction. DB will work collaboratively with City staff on the development of the design while keeping the key design and scope of the project requirements, schedule, and budget drivers in consideration. DB shall adopt bridging documents presented herein and verify all information and data and develop own design documents. Cost estimates will be progressively developed and refined, allowing the City to modify priorities and requirements, if necessary, based on overall budget.

The DB shall develop its estimate in a transparent and open-book manner concurrent with design development to create an acceptable cost (including contingency) to which the DB’s proposed fee and other fixed allocations or allowances will be added to establish a mutually agreed-upon GMP.

Subcontract bid packages shall be bid to open market while self-performed and instrumentation & any control/electrical packages will be negotiated.

Design and construction shall be consistent with the 2021 Edition of the Standard Specifications for Public Works Construction and most recent Supplement(s) (“Greenbook”), the latest California Building Standards Code (Cal. Code Regs., Title 24), the current edition of the Vista Standard Special Provisions, current Edition of the Regional Standard Drawings, the current edition of the Vista Construction Standards.

5.1.2 Construction Services – Phase 2

The Construction Phase encompasses all scope performed by the DB after the execution of the GMP agreement, including the completion of the design to 100% (60% as concurrent Phase 1 delivery scope). The Construction Work shall be performed in strict accordance with the approved design documents and the Phase 2 Construction Services Agreement. All Construction Work shall be subject to prevailing wages and shall represent the complete and total cost to furnish, deliver to the site, and install the materials, equipment, labor, and services defined as Construction Work.

5.1.3 Operations/Startup – Phase 3

The Operations/Startup includes verification of all operational Work completed during the entire duration of the project as needed.

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6.0 INSURANCE REQUIREMENTS

6.1 The DB shall comply with the insurance and bond provisions set forth in AAppendix C.

7.0 INSPECTION

7.1 It shall be the responsibility of DB to call for, coordinate and schedule all Project inspections by the City. Any required special inspections shall be the responsibility of the DB.

7.2 City, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access to the Project site at reasonable times for this observation, inspecting and testing. The DB shall provide them proper and safe conditions for such access and advise them of DB’s safety procedures and programs for compliance.

8.0 CHANGE IN GMP AND CONTRACT TIME

8.1 The GMP and Contract Time may only be changed with a written Change Order using the procedures provided in the Design/Build Contract. Change Orders shall be issued only under the following circumstances:

1. The City directs DB to perform Additional Services or City Changes.

2. For reasons expressly provided elsewhere in the Design/Build Contract.

9.0 PROJECT COMPLETION

9.1 Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City may fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of the Construction Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion Punchlist Work.

9.2 Final Completion shall be deemed to occur on the last of the following events: (1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all documents required to be supplied by DB to City as outlined in the Design/Build contract, including but not limited to As-Built Drawings, and warranties; (5) and delivery to City of a Certificate of Completion duly verified by DB.

9.3 The DB shall provide City with a Certificate of Completion, certifying to City under penalty of perjury that the Project has been completed in accordance with the Construction Documents, all applicable building codes and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project.
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9.4 The DB shall provide final record drawing documents (“As-Built Drawings”) to the City at the end of construction in the form of one (1) set of reproducible mylar plans and one (1) electronic copy (format to be mutually agreed upon). As-Built Drawings are to be accurate and legible records showing all components of the Project and their exact locations.

9.5 The DB shall provide a copy of, or make available before destruction, all records (which includes all writings as defined in Evidence Code Section 250) to the City upon receipt or generation, which shall include a copy of DB’s filing protocol.

9.6 A copy of all approved submittals shall be forwarded to the City at the completion of the Project. All information shall be assembled in such a fashion to fit into a standard file drawer and organized by CSI codes; furnish two (2) hardcopies and electronic copies on data disk. This copy is in addition to those provided during the course of construction for comment.

10.0 WARRANTIES AND GUARANTEES

10.1 The DB warrants and guarantees to City that materials and equipment incorporated into the Project will be new unless otherwise specified and that all work will be in strict accordance with the Construction Documents and will not be defective. All Defective Work, whether or not in place, may be rejected, corrected, or accepted as directed by City. DB shall not be entitled to an extension in Contract Time or increase in GMP because of any delay or increase in cost attributable to the rejection, correction or acceptance of said work. Defective work may be rejected even if approved by prior inspection.

10.2 The warranty period shall commence when the Certificate of Final Completion is issued (irrespective of beneficial use by City prior to Final Completion) and extend one (1) year after that date or whatever longer period may be prescribed by laws or regulations or by the terms of any applicable special guarantee or specific provision of the Construction Documents. The Design/Build contract will contain provisions addressing this issue and steps to correct defective work.

11.0 MAINTENANCE OF RECORDS AND ACCOUNTING

11.1 The DB shall maintain, during the Project implementation time and for a period of three (3) years after completion of the Project, accurate and organized records of all costs of any type and all services performed for the Project. City will have the right at any time including during the performance of all Phases of the Project to audit and copy all such records.

12.0 OWNERSHIP OF DOCUMENTS

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performing the work required by this Project Information shall be the property of the City, and DB shall convey and transfer all copyrightable interests in such drawings, plans and specifications, and documents to the City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by DB shall, upon request, be made available to The City. The City agrees to use the original plans and drawings for purposes of this construction project only and will not use the original plans or drawings in connection with any other construction project. City agrees to indemnify, defend and hold harmless DB against any claims, losses, costs or damages as a result of City's reuse or misuse of such plans, drawings and specifications. In the event of the return of the plans, drawings, or specifications to DB or its representative, DB shall be responsible for their safe return to City. DB shall be entitled to retain copies of the plans, drawings and specifications for their files.

Under no circumstances shall DB fail to deliver any draft or signed and sealed final plans, drawings or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between DB and City concerning payment, performance of Design/Build Contract, or otherwise. This covenant shall survive the termination of the Design/Build Contract.

12.2 Title to Intellectual Property. DB shall represent that it has secured all necessary licenses, consents or approvals to use the components of any intellectual property, including computer software, used in the rendering of services and the production of the materials for the Project and that the City has full legal title to and the right to reproduce such materials. DB covenants to defend, indemnify and hold the City harmless of any loss, claim or liability in any way related to a claim that the City is violating, as a result of any services rendered by the DB, either any contractual provisions or any federal, state or local law, relating to trade names, licenses, franchises, patents or other means of protecting interests in products or inventions. If DB has reason to believe the use of a required design, process or product is an infringement of a patent, DB shall be responsible for such loss unless such information is promptly given to the City in writing.

13.0 RESPONSE REQUIREMENTS

13.1 Format, Due Date, Quantities:

Proposals for this solicitation must be submitted electronically through the City’s Electronic Bidding System (OpenGov). Hardcopy proposals will not be accepted.

Proposers must create a free account with OpenGov at:
https://secure.OpenGov.com/signup
Registered proposers may obtain proposal materials and view submission procedures for this solicitation on the City’s OpenGov portal at:
https://secure.OpenGov.com/portal/cityofvista
Proposers must also download this solicitation in order to appear on the Bidder’s List as a “Prospective Bidder.” Proposers that fail to download this solicitation will not appear on the Bidders’ List and will not receive addenda or be able to submit a proposal. All proposals for this solicitation must be submitted online by M March 20,
2025 at 4 P.M. (on the dot).
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OpenGov will determine the official time for the advertised proposal due date and such determination will be final. Any proposals not received in a timely manner on the Proposal Due Date, as described above, will not be considered.

13.2 General Response Requirements:

1. The City desires to receive proposals from qualified and experienced DBs who demonstrate significant knowledge of design engineering and construction management, and experience and successful performance on public sector projects of comparable magnitude involving a GMP incorporating both design and construction.

2. The proposal should be concise, well organized and demonstrate the DB’s qualifications and experience applicable to the Project. The proposal shall be inclusive of resumes, graphics, forms, pictures, photographs, dividers, front and back cover, cover letter, etc. Type size and margins for text pages should be in keeping with accepted standard formats for desktop publishing and word processing. Proposal shall be limited to 15-pages excluding dividers, resumes, forms, defined attachments, cover letter, and front and back covers.

13.3 Contents:

Sealed proposals submitted in response to this Project Information shall be in the following order and shall include:

13.3.1 General Information

1. Executive Summary.

2. Include a one to two-page overview that highlights DB approach and DB’s commitment to meet or exceed the City’s objectives and ensure a successful project built on time and within budget.

3. Identification of each DBT member and relationship to the contracting entity. Provide Secretary of State Entity Number and California Department of Industrial Relations Number for each DBT member.

4. Legal name and address.

5. Legal form of company (partnership, corporation, joint venture, etc.).

If joint venture, identify the members of the joint venture and provide all information required under this section for each member.

6. If company is wholly owned subsidiary of a "parent company," identify the "parent company."

7. Addresses of offices located in San Diego County, if any. Number of employees in San Diego County.

8. Name, title, address and telephone number of person(s) to contact concerning the proposal.
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13.3.2 Experience and Technical Competence

1. Describe DB’s experience in completing similar design/build and/or non-design/build projects. Include three (3) successfully completed projects of similar nature with name of the respective Agency’s Project Manager, phone numbers, project type and total value of completed construction. Projects currently in process may be submitted for consideration. Identify any specific projects and include in your client references where this team has worked together. Include only projects that match or exceed the size and scope of this project.

13.3.3. Proposed Method to Accomplish the Work

1. Discuss the DB’s understanding of the project, and any suggestions or special concerns that the City and the DB should address for a successful project. Provide a narrative rendition of the technical and management approach proposed for the project and detailed scope of work. Describe DB’s technical and management approach to the project design and construction. Discuss lines of communication necessary to maintain inspection, design construction and delivery schedules, and software availability for both schedule and management reporting.

2. Provide description of how DB intends to use/rely on previous work product.

3. Propose plan to verify actual site conditions, topography, and facility conditions.

4. The DB shall describe method to develop GMP including, but not limited to, the following:
a. Estimating approach
b. Procurement of Equipment and Material provided by Vendors c. Subcontractors
d. Validation of Self-Perform Costs
e. Other Direct and Indirect Costs

13.3.4 Project Organization and Key Personnel

1. Provide an organizational chart and brief explanation of project team organization, including identification and responsibilities of key personnel. Indicate role and responsibilities of the prime Consultant and all sub-consultants. Indicate how local firms are being utilized to ensure a strong understanding of local laws, ordinances, regulations, policies, requirements, permitting, etc. Indicate extent of commitment of key personnel (i.e., Project Manager, Engineering Manager, and Construction Manager) for duration of Project and 05/13/2025 C9 132 of 1078
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furnish resumes of key personnel. Provide indication of staffing level for the Project. 2-Page Resumes shall be included in the appendix of the proposal and will not count toward the page limit.

2. DB’s evaluation will consider its entire team, therefore no changes in team composition will be allowed without prior written approval of the City. Describe DB’s capacity to perform the work within the time limitations, considering DB’s current and planned workload and DBT’s workforce.

13.3.5 Financial Arrangements for DBT Members

1. If the DBT is a Joint Venture Team, the DB shall address the proposed financial arrangements between the Joint Venture members as they relate to liability to the City for work to be performed. DB shall submit a team members’ list indicating scope of work, and approximate percentage of contract. Team members must be named on said list if they are anticipated to receive more than $20,000 or more than one- half of one percent (1%), whichever is less.

13.3.6 Minimum Contractor Qualifications

1. DB submitting qualifications must include a contractor who possesses the applicable California Contractor’s license. DB must also submit evidence of financial capability to be bonded for such projects. DB must also include engineering/architectural entity (individual(s) or firm(s)) and sub-consultants with appropriate licenses in the State of California for the complete anticipated scope of work.

2. DB shall have a minimum of 2 design-build projects within last 5 years.

3. Project Manager, Design Manager, and Construction Manager shall have completed 1 design-build project in last 10 years.

4. Minimum bonding capacity shall be $2,000,000.

13.3.7 Schedule of Rate and Fees

1. Project Cost Estimate
a. Provide a comprehensive cost estimate with summary and detail including all related costs for the Project. Cost data and backup should be included in an appendix with roll-up
summary information included in the body of the proposal, organized by the major elements of work including:
b. Include cost breakdowns by Project Phase (i.e. Design and Pre-Construction, Construction, and Operation/Start-up). i. Phase 1 Design and Pre-Construction
Services; Services for this period shall include
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but not be limited to investigation, project
design, cost estimating, constructability
review, site surveys, testing, permitting,
stormwater compliance & maintenance during
Phase 1, subcontractor bidding, submittal
review and procurement of long lead items.

The City views the DB’s input and leadership
during this period as an important component
of the Project.
ii. Phase 2 Construction Services;

1. General Conditions

2. Site Security

3. BCPS Bypass w/ 24-hour Presence

4. PHi FOG Abatement Bubbler Installation at
BCPS and Optional at RWPS

5. Valve Replacement and Isolation Gate
Repair/Replacement at BCPS

6. Manifold Reconfiguration (optional) at BCPS

7. EWA and APCD Compliance

8. Coordination w/ EWA to Allow Staff to Make
Repair during Bypass

9. Startup and Staff Training of PHi System

10. Repair of RBPS Overflow Basin
c. The Project Cost Estimate will be used to establish a Guaranteed Maximum Price during negotiations, once 60%
construction documents are complete during Phase I.
d. Clearly note all assumptions that were used to create the estimate and clearly note areas of concern.
e. Note that Special Inspections shall be included in the DB’s scope of work.

2. Project General Conditions: Provide a detailed spreadsheet that completely outlines the Project’s general conditions, including quantities, units, unit costs and totals.

3. Cost of Work Multipliers (Fee): Based on the scope and size of the Project, propose an overhead and profit percentage rate and any other multipliers such as liability insurance to be applied to the cost of work. This rate would apply to each major phase of the Project as it is released and subsequently bid to subcontractors. Submit labor rates for designer and non-prevailing wage construction labor.

4. Change Orders: Overhead and profit shall be in conformance with DB Standard Agreement (A
Appendix A).

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13.3.8 Preliminary Design and Construction Schedule

1. Provide Preliminary Design and Construction Schedule considering all Project deliverables. This schedule should reflect major design and construction activities. Outline any concerns regarding the schedule.

Recommend DB include a set number of weather days in baseline schedule as owner-controlled contingency. The DB shall complete all work within 150 calendar days from NTP. DB shall complete Phase I within 75 calendar days from NTP.

13.3.9 Exceptions to the Project Information

1. The DB shall certify that it takes no exceptions to the Project Information including the Sample Agreement included in AAppendix A.

If the DB does take exception(s) to any portion of the document, the specific portion to which exception is taken shall be identified and explained.

13.3.10 Additional Information
This section shall contain all the other pertinent information that is required to be submitted with the proposal in the following order:

1. Description of insurance coverage for prime respondent and co- venture partner(s) (types of coverage and policy limits, deductible, exclusions, and outstanding claims).

2. Provide description of your company’s safety policy and how it would be implemented on this job.

3. Description of in-house resources for prime respondent and co- venture partner(s) (i.e., computer capabilities, software applications, modem protocol, and modeling programs, etc.).

4. Indicate if contractor self-perform any work, and if so, what trades.

Also indicate if contractor has any union signatory agreements.

Provide approximate self-performance value based on scope of work.

14.0 PUBLIC DISCLOSURE

14.1 All proposals submitted in response to this Project Information become the property of the City and public records, and as such may be subject to public review. Under the California Public Records Act (California Government Code Section 6250 et seq.) records in the custody of a public entity generally have to be disclosed unless the information being sought falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255. The cover letter of the proposal should contain a paragraph that states whether or not DB believes that its proposal does or does not contain information that falls into one of the exemptions of Government Code Sections 6254 through 6255 and whether or not DB considers such information to be confidential.
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14.2 In the absence of a declaration, City may be obligated to disclose proposal to any party that requests it. Regardless of assertions of confidentiality, proposal contents may still be disclosed if City, or a court with jurisdiction, determines that such proposal is a public record requiring disclosure

15.0 PROPOSAL SCHEDULE

15.1 The solicitation receipt and evaluation of proposals and the selection of the DB will conform to the following schedule (Note: Dates are subject to change):
ƒ RFP release by the City – January 16, 2025
ƒ Deadline for questions – February 20, 2025 at 4:00 PM ƒ Proposals due – March 20, 2025 at 4:00 PM
ƒ DB shortlist & interview (if needed) – March 24-27, 2025 ƒ Notice of DB selection – March 31, 2025
ƒ Complete negotiation of agreement – April 7, 2025
ƒ Council award – April/May 2025
A non-mandatory pre-proposal meeting will be held for this project on February 5, 2025 at City of Vista Civic Center at 2pm.

Any interviews (if needed) will virtual presentations followed by questions and answers to be hosted by the selected DB.

All project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this solicitation sshall be submitted via “Q&A” through the City’s Electronic Bidding System, OpenGov.

All questions must be submitted by the Question Submission Deadline listed in OpenGov.

16.0 PROPOSAL SELECTION PROCESS

16.1 Award will be based on best value not lowest responsible respondent. Design and construction expertise, relevant team experience, experience in similar projects, rates and fees, will be significant factors. City reserves the right to discuss and negotiate scope, costs, and schedule as needed. At any time prior to the City of Vista executing a Design/Build Contract with the selected firm, if that DB cannot meet any of the RFP conditions, the City of Vista has the option of selecting another DB.

Contracts will be awarded in accordance with the Vista Municipal Code.

16.2 Each Proposal will be reviewed to determine whether it is responsive to the RFP.

Failure to comply with the requirements of this RFP may result in a Proposal being rejected as non-responsive. At its sole discretion, however, the City may waive any such failure to meet a requirement of this RFP that is immaterial.

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17.0 PROPOSAL EVALUATION CRITERIA

17.1 Selection of the DB will be based on best value, not on lowest responsible respondent. Proposals shall be evaluated and ranked based on best value as determined by the following evaluation criteria and relative weights of importance:

1. 2
25% - Overall experience and technical competence of the firm(s) (including principal firms, joint venture-partners, and sub-consultants) and specific experience and technical competence on projects of a similar nature, considering the types of service required; the complexity of the project; references; and record of performance.

2. 2
20% - The strength and experience with projects of a similar nature of key personnel who will be dedicated to the Project.

3. 2 20% - Rates and Fees including Pre-Construction Costs, General Conditions, Cost of Work Multipliers, Preliminary Cost Estimate, Change Order rates, Payment and Performance Bond rates.

4. 2
20% - Proposed methods and overall strategic plan to accomplish the work in a timely and competent manner, including Design and Construction Schedule.

5. 1 15% - Combination of the following factors:
a. Conformance to the specified Project Information
requirements and format.
b. Organization, presentation, and content of the
submittal.
c. Knowledge and understanding of the State and local
environment and a local presence for interfacing with
the City.
d. Financial resources and stability of the principal
consultant and/or DBT.
e. Ability to meet the insurance requirements unless
City, at its sole discretion, decides to modify or waive the insurance requirements or elects to provide
project insurance.

All evaluation criteria are subject to change via an addendum to this RFP.

18.0 CONTRACT TERMS AND CONDITIONS

18.1 Issuance of this Project Information does not commit City to award a contract, or to pay any costs incurred in the preparation of a response to this request. City retains the right to reject any or all submittals. Selection is dependent upon the negotiation 05/13/2025 C9 137 of 1078
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of a mutually acceptable contract with the selected DB. No modifications to the standard contract language will be granted.

18.2 Each submittal shall be valid for not less than one hundred and twenty (120) days from the date of receipt.

18.3 All insurance shall be provided at the sole cost and expense of the selected DB, unless the requirement is modified or waived by the City. City reserves the right to modify the insurance limits or to substitute project insurance during contract negotiations.

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APPENDIX A

DB STANDARD AGREEMENT

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APPENDIX B

PROJECT VICINITY MAP

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APPENDIX C

INSURANCE AND BONDING REQUIREMENTS

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APPENDIX D
“FATS, OILS, AND GREASE MITIGATION RECOMMENDATION TECHNICAL MEMORANDUM” BY HDR, INC. DATED JULY 20, 2021
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BUENA SANITATION DISTRICT

ADDENDUM NO. 1
to

REQUEST FOR PROPOSALS (RFP)
for the
DESIGN AND CONSTRUCTION OF:

CIP 8320 - RACEWAY BASIN PUMP STATION FOG ABATEMENT
CIP 8321 – RACEWAY BASIN PUMP STATION OVERFLOW BASIN

IMPROVEMENTS
CIP 8324 - BUENA CREEK PUMP STATION FOG ABATEMENT
CIP 8345 – BUENA CREEK PUMP STATION MECHANICAL VALVE MODIFICATION

DESIGN-BUILD PROJECT

Note: All proposers must acknowledge receipt of Addendum No. 1 in the cover letter of the proposal.

1. In response to the following question received via OpenGov, the August 2016 “Pump Station Rehabilitation Study” prepared by Carollo Engineers has been uploaded as Appendix E in file attachments:

The Site Visit Field Notes in Appendix A of the HDR Technical Memo states "Bypass of the PS appear to be straightforward, refer to the Rehab Study for location". Please provide a copy of the referenced "Rehab Study".

2. In response to the following question received via OpenGov, the July 2022 “FY2023 Remote Comprehensive Asset Management Plan” prepared by Hazen has been uploaded as Appendix F in file attachments:

Section 3.0 Project Description in the RFP refers to a May 2021 Condition Assessment and an October 2021 Site Assessment which identify the mechanical modifications required at BCPS. Please provide copies of these reports.

End of Addendum No. 1
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BUENA SANITATION DISTRICT

ADDENDUM NO. 2
to

REQUEST FOR PROPOSALS (RFP)
for the
DESIGN AND CONSTRUCTION OF:

CIP 8320 - RACEWAY BASIN PUMP STATION FOG ABATEMENT
CIP 8321 – RACEWAY BASIN PUMP STATION OVERFLOW BASIN

IMPROVEMENTS
CIP 8324 - BUENA CREEK PUMP STATION FOG ABATEMENT
CIP 8345 – BUENA CREEK PUMP STATION MECHANICAL VALVE MODIFICATION

DESIGN-BUILD PROJECT

Note: All proposers must acknowledge receipt of Addendum No. 2 in the cover letter of the proposal.

1. This addendum is added to provide additional information related to the replacement of valves at the Buena Creek Pump Station. Ten (10) of the 12” Val- Matic Plug Valves have been purchased by Encina Wastewater Authority and will be made available to the contractor for replacement/installation. The remaining valves will need to be sourced by the DB.

2. The wet-well isolation gate actuator has been repaired by Encina Wastewater Authority staff and is no longer required as part of this DB RFP.

3. For additional information, Encina Wastewater Authority has provided the following photographs of the BCPS valves that are the subject of this RFP:

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End of Addendum No. 2
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00105692 1{

DESIGN / BUILD SERVICES FOR THE
_____________________ PROJECT
CIP NO. XXXX

THIS AGREEMENT is made and entered into as of ________________ (Contract Date) by and between the CITY OF VISTA (“City”), a chartered municipal corporation, and XXX (“Design Builder or DB”). City and DB are sometimes individually referred to as “Party” and collectively as “Parties”.

RECITALS

1. On XXX, a Request for Proposal (RFP) (Exhibit 3) was issued for design/build services for the ________________ Project – CIP No. XXXX; and

2. XXX firms submitted proposals and based upon the re view of each propos al and interviews with the top firms, Design Builder was selected as the respondent who best met the evaluation criteria specified in the RFP including experience and technical competence, schedule, rates, and financial resources and with whom City could negotiate an agreement.

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein:

THE PARTIES AGREE:

Section 1: General Scope of Work to Be Performed by DB

1.1 In accordance with the terms set forth in this Agreement and the Design Build Proposal for the Fire Station Interconnect Project (Exhibit 1 attached hereto and incorporated herein), ____________________ Project – CIP No. XXXX shall include, but not be limited to all components outlined and described in Exhibit 1.

1.2 The services provided by the DB shall include, but not be limited to, all services outlined and described in this agreement and the design, and construction services within Exhibit 1.

1.3 The DB shall:

1.3.1 Perform design and pre-construction services (Phase I) on a time and materials basis for an amount not-to-exceed $ XX, as specified in DB’s Project Cost Estimate. At 90% complete construction documents the DB shall propose a Guaranteed Maximum Price (GMP) which will include, but not be limited to, the cost for all labor, equipment, and material to design and construct the Phase II Project in accordance with all applicable rules, regulations, and laws. If the Parties agree to DB’s proposed GMP, or successfully negotiate an alternative GMP amount, the Parties shall enter into an amendment to this Agreement to fund and undertake Phase II and III of the Project. Under the amendment, the DB fee shall be XX% of the cost of construction defined as the total sum of trade contracts (subcontractors), materials (purchase orders), equipment, self-performed work and general conditions. Any costs incurred by DB in excess of the established GMP shall be the sole responsibility of the DB, unless a Change Order is approved by the City. Any savings resulting in the project being completed for less than the amount of the GMP shall belong to the City.

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1.3.2 Provide the proposed GMP to City by XXX, 20XX, and complete the Phase I design services by XXX, 20XX, including City approval of 90% construction drawing package, in accordance with the schedule set forth in Exhibit 1.

Section 2: General Obligations of City

2.1 City shall be obligated as follows:

2.1.1 Designate a representative (or representatives) who is/are authorized to act on behalf of City with respect to the Project, except as to those decisions that require authorization by the Vista City Manager or Vista City Council.

2.1.2 Make decisions with reasonable promptness to avoid delay in the orderly progress of DB’s services per the schedule in Exhibit 1.

2.1.3 At the request of DB, City will use its best efforts to provide DB with any available information about the Project Site (Exhibit 4) geotechnical soil conditions; it will, however, be the responsibility of DB to take all reasonable steps to verify all such information as it deems necessary to perform its services under this Agreement. City does not warranty to DB the accuracy or completeness of any such information.

2.1.4 Cooperate with DB in identifying, processing and securing required permits and licenses in a timely fashion; however, this duty to cooperate does not relieve DB of its primary obligations to identify, apply for and secure all necessary permits and licenses in a timely manner.

2.1.5 Make payments to DB in the amounts and in accordance with the terms set forth below.

2.1.6 Issue Certificate of Substantial Completion when City reasonably determines the Project has achieved Substantial Completion as defined below in Section 16.1.

2.1.7 Issue a Notice of Acceptance when City reasonably determines the Project has achieved Final Completion as defined in Section 16.2.

2.2 City Review Process. City shall review the 90% and 100% Construction Drawings (CD’s) including project specifications which shall allow construction of Project in conformity with the Program Document for the Project.

2.2.1 For each DB submission, City shall have ten (10) working days to review, approve, conditionally approve or deny said set of documents.

Section 3: General Obligations of DB

3.1 DB shall be obligated as follows:

3.1.1 Provide all supervision, labor, equipment, technical expertise, safety equipment, and service operations to complete the Project.

3.1.2 At all times in performing its services, design and deliver the best possible Project consistent with the standard of care that satisfies the time, monetary, quality and design parameters set forth in this Agreement.
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3.1.3 Design and construct the Project on time, consistent with timeframes set forth in the Project Schedule (Exhibit 1), and in such a manner that the GMP or Contract Time of the Project shall not be exceeded, except by written Change Order as provided in Section 14. DB shall provide a master accounting system and matrix using software acceptable to City that will be updated, expanded and provided to the City monthly as the Project develops.

3.1.4 Perform all services as expeditiously as is consistent with reasonable skill and care and shall complete the services within each and all of the time periods set forth in the Project Schedule (Exhibit 1).

3.1.5 Any subcontractors performing Project construction must be appropriately licensed by the California Contractors State License Board or other required agency.

3.1.6 Perform or subcontract all design services for the Project utilizing qualified, licensed and sufficiently experienced engineers, and other professionals (“Design Consultants”) as identified in Exhibit 1. DB shall not be permitted to substitute any Design Consultant unless authorized by City. The fact that the City approves the subcontracting of any such services will in no way relieve the DB of any of its obligations or responsibilities under this RFP or this Agreement.

3.1.7 INTENTIONALLY LEFT BLANK [Provide cost estimating and value engineering services that take into consideration long-range maintenance costs, energy efficiency, and the impact of the operation of the Project. Provide cost estimates to the City at 30% SD’ s, 50% DDD’s, 90% CD’ s, and 100% CD’s (GMP established). Two copies of the final cost estimate (100% CD’ s) shall be provided to the City with Final Construction Documents.]

3.1.8 Ensure that DBT personnel conduct themselves in a professional manner at all times. Personnel shall be courteous, neat in appearance, and wear visible identification including all personal protective equipment. All equipment must display their company identification, including any subcontractors.

3.1.9 Comply with the California Fair Employment and Housing Act and all other State, Federal and local laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap.

3.1.10 Take all reasonable steps during the course of the Project so as not to interfere with the ongoing operation of the adjacent residences, businesses and facilities, including but not limited to the following:

3.1.10.1 Not interfere with pedestrian and vehicular access.

3.1.10.2 Take all reasonable steps during the course of construction to control dust in accordance with the provisions in the 2012 Edition of the Standard Specifications for Public Works Construction and most recent Supplement (“Greenbook”). Ensure that all work conforms to the City of Vista noise ordinance unless authorized by the designated City representative. The DB shall ensure all DBT personnel comply with all relevant OSHA, Cal/OSHA, and labor and industrial work safety regulations at all times they are on the Project Site. The DB is 05/13/2025 C9 158 of 1078
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responsible for implementing confined space entry procedures in accordance with all applicable laws and regulations.

3.1.11 Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to, zoning, environmental, building, fire and safety codes and coverage, and lien laws, and comply with them in performance of its services. DB shall ensure that the Project design conforms to all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements, (collectively “Governmental Requirements”) existing as of the date of this Agreement. However, the City recognizes that Governmental Requirements and their interpretations by governmental officials (“Code Authority”) are often subject to change at any time, even after issuance of a notice to construct. If, after the date of this Agreement, modifications to the Project are required because of a change in Governmental Requirements or their interpretation by a Code Authority which had not previously been given, or which if given, was different than a prior interpretation of a Code Authority, DB shall make the required modifications to comply with the same. However, in the event of such an occurrence the compensation to DB and the associated design and pre- construction schedule may be subject to an adjustment. Nothing contained in this paragraph shall relieve DB of its obligations to modify the Project at its own expense where DB has failed to design the Project in compliance with Governmental Requirements applicable as of the date of this Agreement.

3.1.12 Obtain all permits necessary to complete the Project. City shall reimburse cost of permits, except that DB shall be responsible for obtaining and paying for all permits normally obtained by the trades or subcontractors.

3.1.13 Adhere to the provisions of all permits and rules and regulations, including but not limited to those from with the 2012 Edition of the Standard Specifications for Public Works Construction and most recent Supplement (“Greenbook”) and the City of Vista.

3.1.14 Comply with all licensing requirements of the State of California and the City of Vista.

3.1.15 Use reasonable care to avoid damaging existing improvements, buildings, equipment and vegetation adjacent to the Project Site. If DB causes damage to any of this property, DB shall replace or repair said property at no expense to City and shall not be a basis for seeking an adjustment to the GMP or Contract Time.

DB agrees to indemnify City for any and all fines, penalties, liabilities, cost imposed upon City, its officers, employees and agents as a result of this Project.

3.1.16 Perform Quality Control (“QC”). Review the drawings and specifications in order to identify and correct errors and omissions and reduce the quantity of Change Orders during the course of construction. Include a detailed review of drawings and designs relative to applicable laws and standards.

3.1.17 Be fully responsible for damages, and liabilities resulting from errors or omissions below the standard of care defined in Section 3.1.19 by DB or DB’s agents, employees, design consultants and contractors; such costs, damages and liabilities shall not be chargeable to the City nor shall they be a basis for seeking an adjustment in the GMP or Contract Time.
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3.1.18 DB agrees to fully assume all risks, and costs associated with such risks, in performing the services and meeting the obligations under this Agreement. DB shall verify actual site conditions, topography, and facility conditions.

3.1.18.1 Unanticipated subsurface site conditions.

3.1.18.1.1 City assumes risks for unanticipated subsurface site conditions provided DB notifies City in writing within five (5) calendar days of discovery if DB believes it has
uncovered or revealed a condition which:

3.1.18.1.1.1 Differs materially form that indicated
in the geotechnical and geological reports.

3.1.18.1.1.2 Is of an unusual nature and differs
materially from conditions ordinarily
encountered and generally recognized as
inherent in the work required by this RFP and
the Design/Build Contract.

3.1.18.1.1.3 Upon receipt of a written notice, City
shall promptly investigate and if it determines
the conditions do materially differ, requiring a
change in the Work, City shall commence the
processing of a Change Order pursuant to
Section 14 of the Design/Build Contract. If
City determines there is no bona fide Work
scope change or is a minor change, which
does not impact GMP or Contract Time, City
shall notify DB within ten (10) calendar days.

3.1.18.1.1.4 DB shall not be entitled to an
adjustment in the GMP or Contract Time if DB
knew or should have known of the existence
of such conditions at the time DB submitted
and agreed to GMP or Contract Time; or the
existence of such condition could reasonably
have been discovered as a result of DB’s
obligations regarding geotechnical and
geological investigations and reports as
described in the RFP.

3.1.19 DB shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Compliance with this section by DB shall not in any way excuse or limit DB’s obligations to fully comply with all other terms in this Agreement.

3.1.19.1 Contractor’s License. DB warrants that at least one member of the DB team shall be licensed by the California Contractor’s State License Board as a Class A General Engineering Contractor. DB is to provide a list 05/13/2025 C9 160 of 1078
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of the responsible people within their organizations performing services, which shall include their qualifications and their function, for approval by the City prior to start of services. City and DB shall establish “key personnel” who shall remain on the Project until Final Completion. If any such “key personnel” leave the employment of DB, City shall have the right to approve the replacement personnel assigned to this Project. DB shall comply with all licensing requirements of the State of California and City of Vista.

3.1.19.2 Project Manager and Project Design Engineer. Throughout all phases of the Project hereunder, the individual project manager, and project design engineer shall be as reflected in Exhibit 1. So long as the Individual Project Manager and Project Design Engineer remain in the employ of the General Contractor and/or Engineer, such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project as deemed necessary by the City in its reasonable discretion, without the prior written consent or instruction of the City.

3.1.19.3 City Right to Remove Project Manager, and Project Design Engineer. Notwithstanding the foregoing provisions of Section 3.1.19, if the Individual Project Manager or Project Design Engineer, proves not to be satisfactory to the City, upon written notice from the City to the DB, such person or person shall be promptly replaced by a person who is acceptable to the City in accordance with the procedures set forth below.

3.1.19.4 Replacement Selection of Project Manager and/or Project Design Engineer. Within five (5) working days after receipt of a notice from the City requesting the replacement of any Individual Project Manager or Project Design Engineer, or promptly following the discovery by the Design Build Team that any Individual Project Manager, or Project Design Engineer is leaving the employ of the DB or Engineer, as the case may be, the replacement/substitution (together with such person’s resume and other information regarding such person’s experience and qualifications) for approval by City. The replacement/substitution shall commence work on the Project no later than five (5) calendar days following the City’s approval of such replacement, which approval shall not be unreasonably withheld.

3.1.20 DB agrees and acknowledges that the City Representative is the only person with authority to approve additions or modifications to Project. Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of the City Representative shall be borne exclusively by DB and not be grounds for an increase in the GMP or Contract Time (Exhibit 1) of this Agreement, unless necessary to protect public health, safety or property.

3.1.21 DB shall fully cooperate with City Representative and any of its agents assigned to this project.

3.1.22 The DB shall remain in compliance with the City of Vista Water Quality Protection Program and, where applicable, City of San Marcos and County of San Diego’s respective stormwater protection programs and shall exercise every reasonable precaution to prevent the discharge of any material which is not solely storm water (i.e., rain events) to the storm drain system. The DB will be responsible for the 05/13/2025 C9 161 of 1078
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complete cleanup of all material that is discharged from the project in violation of the discharge rules.

Section 4: Work Restriction and Bidding Requirement

4.1 DB shall determine how best to package portions of the work for purposes of bidding. DB shall be responsible for selectively bidding all construction work to others and for entering into subcontracts, in DB's own name, with the bidder who in DB’s discretion best meets the monetary, time, and performance requirement of the Project. DB is required to submit a summary of bid results for each bid package. DB shall be responsible for ensuring that these contracts fully comply with all applicable local, state and federal laws, some but not all of which are listed below.

4.2 DB shall hear and decide bid protests and shall develop and maintain bid protest procedures for that purpose. City shall be timely informed of all bid protests (prior to resolution) and the outcome of said protests.

Section 5: DB’s Phase I Services and Obligations – Design Services

5.1 DB’s services in Phase I shall include those specified in Section 5.1.1 of the RFP.

Section 6: DB’s Phase II Services and Obligations – Construction Services

6.1 Contingent on City’s approval during Phase I 90% and 100% CDs, Construction Schedule, GMP, and associated contract amendment, DB’s services in Phase II shall include those specified in Section 5.1.2 of the RFP.

Section 7: DB’s Phase III Services and Obligations: Operation/Startup Phase

7.1 DB’s services in Phase III shall include those specified in Section 5.1.3 of the RFP.

Section 8: INTENTIONALLY LEFT BLANK

8.1.1 The DB shall prepare, submit for City review and written approval, and implement a Project Startup and Testing Plan for the Project.

8.1.2 The DB shall conduct Operator Training Sessions for facilities.

8.1.3 The DB shall supervise, manage, and coordinate all project startup and testing activities for mechanical systems within the provisions of the project Contract Documents.

8.1.4 The DB shall report progress of project startup and testing to the City in a manner consistent with the City' s reporting system.

8.1.5 The DB shall report to the City all guarantee/ warranty disputes. The DB shall proceed to resolve such disputes after having submitted to the City for review and approval the DB' s approach for obtaining resolution for the dispute.]

Section 9: Additional Services

9.1 City will have the right to direct DB to perform Additional Services beyond those specified in this Agreement. DB may provide Additional Services only if authorized in writing, in advance, by City and after complying with Section 9.4. The City may propose changes to the Work of a 05/13/2025 C9 162 of 1078
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subcontractor after the bid has been awarded. In the event of a change of this nature, DB will estimate the cost of the Change Order, assist City in developing drawings and specifications as necessary, solicit a revised bid, negotiate with the subcontractor, present a recommendation for a Change Order to City, and implement construction as approved by City.

9.2 For Additional Services which increase the Hard Construction Costs, or other reasonably necessary costs of the Project, DB shall be paid a DB fee of 15% of the total additional labor, equipment, and material costs. This fee includes DB’s office overhead, profit, bonds, and liability insurance. DB shall also be paid a DB fee of 5% of the total subcontractor costs. Regardless of the number of hierarchical tiers of Subcontractors, the 5% which DB fee shall be applied only once to the performing Subcontractor’s total costs. City will also pay any additional Subcontractor’s insurance or bonding costs.

9.3 For Additional Services, which result in an extension of the Substantial Completion date, DB and City shall negotiate the additional costs.

9.4 If at any time DB contends that it is being asked to perform Additional Services, it shall give City written notice 5 days prior to performing said services indicating that DB intends to seek additional compensation beyond the GMP. Furnishing advance written notice shall be a condition precedent to being able to seek additional compensation from City.

Section 10: Bonds

10.1 DB shall furnish performance and payment bonds with the names of the obligees designated as the City in the amount set forth below, as security for the faithful performance and payment of all DB’s obligations under the Agreement. These bonds shall remain in effect at least until thirty (30) days after the filing date of Notice of Completion, except as otherwise provided by law or regulation or by this Agreement. DB shall also furnish such other bonds as are required by this Agreement.

10.1.1 The performance bond shall be in the amount of 100% of the GMP.

10.1.2 The payment bond shall be in the amount of 100% of the GMP amount.

10.2 All bonds shall be in the form prescribed by City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, and whose underwriting limitation is sufficient to issue bonds in the amount required by this agreement and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required.

10.3 If the surety on any bond furnished by DB is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located, DB shall within seven (7) days thereafter substitute another bond and surety, which must be acceptable to City.

Section 11: Insurance

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Section 12: Inspection

12.1 DB shall be responsible for all specialty inspection and material testing and inspections.

The City shall perform inspection with its own forces. It shall be the responsibility of DB, however, to call for, coordinate and schedule all inspections.

12.2 City, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access at reasonable times for this observation, inspecting and testing. DB shall provide them proper and safe conditions for such access and advise them of DB’s safety procedures and programs so that they may comply.

12.3 DB will make, or have made, such inspections and tests, as the City deems necessary to see that the Work is being accomplished in accordance with the requirements of the Construction Documents or shall in any way limit or modify DB’ s indemnity obligations as provided for within this agreement. Unless otherwise specified, the cost of such inspection and testing will be bid out and carried as a line item in the construction cost. In the event such inspections or tests reveal non-compliance with the requirements of the Construction Documents, DB shall bear the cost of corrective measures deemed necessary by City, as well as the cost of subsequent re-inspection and re-testing. Neither observations by the City nor inspections, tests, or approvals by others shall relieve DB from DB’s obligations to perform the Work in accordance with the Construction Documents. DB shall give City timely notice of readiness of the Work for all required building inspections and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. DB shall give at least 24 hours’ notice for inspections.

12.4 City has the right to stop or suspend Work activities which will conceal or cover up DB Work product which is to be inspected or tested, or which will interfere with the inspection or testing activities, for a reasonable time and DB will have no right to additional compensation.

Section 13: DB GMP for Services and Reimbursements

13.1 DB shall submit to City 90% CD’s for plan check. Upon the approval of the 90% CD’s, DB shall, within twenty (20) working days, submit a GMP for approval by City. The GMP shall include all Hard Construction Costs, DB Contingency Fund, Reimbursable Costs, and DB Fixed Fee for the complete design and construction of the entire Project as specified in the 90% CD’s; provided that:

13.1.1 Said GMP shall be supported by a detailed itemized breakdown that shows: the DB Fixed Fees and the expected Hard Construction Costs for each of the major trades on the Project which will include labor, material expenses, equipment costs, and a reasonable DB Contingency Fund. Said DB contingency fund shall not exceed 5% of the Hard Construction Costs.

13.1.2 All Hard Construction Costs included in the GMP are for direct Construction costs incurred in performing the work, including taxes, delivery and installation. City shall reimburse DB for the exact amount of subcontract, self-performed work or invoice amount.

No additional DB markup, handling fees, overhead, or other charges are to be added or paid except as otherwise set forth in this agreement. Upon Final Completion of the Project, any amount of Hard Construction Costs or DB Contingency Fund monies not utilized shall result in a deductive Change Order.

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Contingency Fund will be available to provide additional funds for Change Orders as provided for in Section 14 of this Agreement. This Contingency Fund will not be available for: (1) Work required due to DB’s and/or Contractors/subcontractors failure to perform according to the terms of this Agreement and/or in compliance with the Construction Documents, or (2) uninsured losses resulting from the negligence of DB or its Contractors/subcontractors. All Change Orders, including zero dollar Change Orders, which require the use of the DB Contingency Fund, shall require City approval.

13.1.4 DB shall prepare, with the cooperation of the City, alternate bid items to assist in meeting the GMP.

13.2 DB shall perform the Phase I Services on a time and materials basis for an amount not to exceed $XXX, as specified in DB’s Project Cost Estimate. Except as otherwise expressly provided in this Agreement, as full and complete compensation for performance of all Phase II Services under this Agreement, DB shall be compensated by the GMP sum to be determined at 90% construction documents. Said amounts for the Phase I and Phase II Services shall not be exceeded unless Additional Services are requested pursuant to Section 9 above or a Change Order issued pursuant to Section 14. Unless otherwise expressly provided in this Agreement, the GMP shall include full compensation for all costs of any type incurred by DB in performing all services and obligations under this Agreement, including but not limited to the following:

13.2.1 All Design Consultants.

13.2.2 Estimating, management of design consultants and value engineering.

13.2.3 Construction supervision and project management personnel, including but not limited to superintendents, Project managers, Project secretaries, Project engineers, Project accountants, and all other DB personnel wherever located.

13.2.4 All on-site and off-site equipment, supplies and facilities, including but not limited to, computers, estimating, dictating, communication and accounting equipment, office space, trailers, field equipment and storage facilities.

13.2.4.1 In no case shall the cumulative monthly rental charges to the Project for equipment and Small Tools used by the DB exceed 90% of the fair market value of any one piece of equipment or Small Tools. At City’s option, the full price for equipment or Small Tools may be paid, and City may take possession upon completion of the Work.

13.2.5 All home-office and field overhead costs of any type including document control and retention.

13.2.6 All business license costs.

13.2.7 All profit DB intends to earn under this Agreement.

13.2.8 All direct and incidental costs incurred by DB, except for those specifically identified in Section 9.

13.3 DB shall be reimbursed, without markup and only as specified in this Agreement for the following “Reimbursable Costs:”

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13.3.1 Any reimbursable cost expressly provided for elsewhere in this Agreement.

13.4 DB agrees and acknowledges the City retains its full and complete discretion for all legislative actions, including any future appropriations necessary to complete this Project or fund this Agreement. As more fully provided in Section 26, the City may terminate this Agreement for any reason, including but not limited to, if City Council fails to appropriate sufficient funds or is unsuccessful at obtaining long term financing.

Section 14: Change in GMP and Contract Time

14.1 The GMP and Contract Time may only be changed by written Change Order. Change Orders shall be issued only under the following circumstances:

14.1.1 The City directs DB to perform Additional Services or City Changes as provided in Section 9.

14.1.2 For reasons expressly provided elsewhere in this Agreement.

14.2 The following procedure shall be followed for the issuance of Change Orders:

14.2.1 Upon the occurrence of any event that gives rise to a Change Order, including any action, inaction, decision or direction by City or agent for the City, DB shall give the City notice of the same within five (5) calendar days. DB shall not proceed with any such services or work until such notice has been given to the City except if such services or work are necessary to protect public health, safety or property as directed by the City Representative in writing.

14.2.2 If DB submits a request to change the GMP, DB shall: (1) inform City of any request to change the GMP or Contract Time at the next Project Team Meeting; (2) provide City with a list of recommended revisions which DB believes will bring Project within the GMP; and (3) assist City in reviewing the itemized cost breakdown and recommend revisions so that City can revise the scope of the Project so that the GMP is not exceeded.

14.2.3 DB’s notice to the City shall include a detailed and complete estimate of the cost and time impacts associated with the requested Change Order, including all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately categorized into DB Fixed Fee, Reimbursable Costs or Hard Construction Costs. DB shall also provide City with a realistic estimate of the impact, if any, the Change Order will have on the Contract Time. DB shall provide complete and accurate pricing within ten (10) calendar days of the occurrence of the event that gives rise to a Change Order.

14.2.4 Upon submission of the detailed estimates by the DB, the Parties will attempt to negotiate an appropriate adjustment in GMP and Contract Time. If an agreement is reached, a Change Order reflecting the agreement will be executed by the Parties. If an agreement is not reached, the City shall have the option to direct the DB to proceed with the subject services and/or work, during which time the DB shall contemporaneously maintain accurate and complete records of all labor, material and equipment utilized in performing the subject services and/or work. These records shall be submitted to the City and shall become the basis for continued negotiations between the Parties for an equitable adjustment to the GMP and/or Contract Time.

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14.2.5 In the event there is any disagreement or dispute between the Parties as to whether the DB is entitled to a Change Order or the amount of the Change Order, the matter shall be resolved in accordance with Section 33. DB shall not have the right to stop or delay in the prosecution of any services or work, including services or work that is the subject of the Change Order, pending this resolution process. Instead, DB shall continue diligently prosecuting all such services and work.

14.2.6 City may, in its sole discretion, adjust the GMP or Contract Time for any undisputed amount or time associated with the Change Order or Additional Services.

14.3 All Change Orders, including zero dollar Change Orders which require the use of DB Contingency Fund, irrespective of impact on GMP and Contract Time shall require City approvals, however City shall not unreasonably withhold approval for use of contingency funds for changes normally encountered due to unforeseen omissions in the work packages and minor clarifications of the drawings.

Section 15: Payment Terms

15.1 DB shall provide all Phase I Services for the Phase I Fee. DB shall submit certificate and application for payment to the City on a monthly basis for Phase I Services rendered and costs incurred. The monthly payment shall be based upon percentage of completion of the Schedule of Values plus any Reimbursable Costs as provided in Section 15.3.

15.2 DB shall provide all Phase II Services for the Phase II Fee. DB shall submit certificate and application for payment to City on a monthly basis for Phase II Services. The monthly payment application shall be based upon the percentage of completion of the Schedule of Values plus any Reimbursable Costs and Hard Construction Costs as provided in Section 15.3 and 15.4, less any payments previously made by the City and subject to the receipt of unconditional lien releases for all prior payments and if the invoiced amount is not disputed by City, it shall pay DB ninety five percent (95%) of payment application based upon the percentage complete of the Schedule of Values and 100% of the reimbursable costs within thirty (30) days after receipt of the fully documented invoice. City will withhold the remaining 5% as security for DB’s full performance.

15.3 DB shall develop and maintain an accurate system for tracking all Reimbursable Costs.

Utilizing this system, DB shall include with each month payment application an itemization of all such Reimbursable Costs actually incurred by DB, during the previous month. If requested by the City, DB shall provide all backup documentation supporting such Reimbursable Costs.

15.4 DB shall develop and maintain an accurate system for tracking all Hard Construction Costs it incurs on the Project. Utilizing this system, DB shall include with each monthly application for payment an itemization of all Hard Construction Costs actually incurred by DB during the previous month.

15.5 DB shall separately submit to City certificate and application for payment on a monthly basis for any authorized Additional Services performed by DB. Subject to the receipt of unconditional lien releases for all prior payments and if Additional Services are not disputed by City, City shall pay ninety five percent (95%) of the invoiced amount within thirty (30) days of receipt of fully complete invoice. City will withhold the remaining 5% as security for DB’s full performance.

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15.6 Subject to Sections 15.8, City shall pay DB the five percent (5%) retention being withheld pursuant to Sections 15.2, and 15.5 as part of the “Final Payment” to DB. Final Payment will be made thirty-five (35) days after Final Completion.

15.7 The City Manager will consider the release of the entire retention for subcontractors upon completion of the subcontractors’ work and execution of a disclaimer and unconditional final lien release by the subcontractor.

15.8 In lieu of withholding retention under this Agreement, at the election of DB, City will deposit retention amounts into escrow and/or the substitution of securities for money as provided in California Public Contract Code Section 22300.

Section 16: Project Completion

16.1 Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of the Construction Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion punch list Work.

16.2 Final Completion shall be deemed to occur on the last of the following events: (1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all documents required to be supplied by DB to City under this Agreement, including but not limited to As-Built Drawings, warranties, and operating manuals; (5) and delivery to City of a Certificate of Completion duly verified by DB.

16.3 DB shall provide City with a Certificate of Completion, certifying to City under penalty of perjury that the Project has been completed in accordance with the Construction Documents, all applicable building codes and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project.

16.4 DB shall provide one set of City final record drawing documents at the end of construction and one copy in electronic format (“As-Built Drawings”). As-Built Drawings are to be accurate and legible records showing exact location by dimensions, and the exact depth by elevation of underground lines, valves, plugged tees, wiring and utilities.

16.5 DB shall provide a copy of, or make available before destruction, all records (which includes all writings as defined in Evidence Code Section 250) to the City upon receipt or generation, which shall include a copy of DB’s filing protocol.

Section 17: Contract Time

17.1 The “Contract Time” shall be the number of calendar days stated in Section 1 for DB to achieve Substantial Completion.

17.2 “Time is of the essence” with regard to Contract Time and all milestones listed in the schedule.

17.3 The Contract Time may only be changed by a Change Order as set forth in Section 14.

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17.4 Further, an extension in Contract Time will not be granted unless DB can demonstrate through an analysis of the Project Schedule that the increases in the time to perform or complete the Project, or specified part of the Project, beyond the corresponding Contract Time arise from unforeseeable causes beyond the control and without the fault or negligence of DB, its Design Consultants, and subcontractors or suppliers, and that such causes in fact lead to performance or completion of the Project, or specified part in question, beyond the corresponding Contract Time, despite DB’s reasonable and diligent actions to guard against those effects.

17.5 DB carries the burden of proving an entitlement to an increase in the Contract Time.

Delays attributable to and within the control of Design Support Consultants, or subcontractor or supplier shall be deemed to be delays within the control of DB. No time extension will be allowed for such delays. An increase in Contract Time does not necessarily mean that DB is due an increase in the GMP.

Section 18: Late Completion

18.1 City and DB recogniz e that time is of the essence in this Agreement and that City will suffer financial loss if the Project is not completed within the Contract Time, plus any extensions thereof allowed in accordance with Section 17.3. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by City if the Project is not completed on time. Accordingly, instead of requiring any such proof, City and DB agree that DB shall pay as liquidated damages (but not as a penalty) for each calendar day of delay beyond the time specified for Substantial Completion of the Project, the following amounts which DB expressly agrees are “not unreasonable under the circumstances” as defined in California Civil Code §1671(b): $4000 for each calendar day. Liquidated Damages shall not be assessed after the date on which Substantial Completion is achieved pursuant to Section 16.

Section 19: Right to Modify Work

19.1 Without invalidating the Agreement and without notice to any surety, City may at any time or from time to time, order additions, deletions, or revisions in the Project; these will be authorized by a written Change Order prepared and issued by City. Upon receipt of any such document, DB shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Construction Documents (except as otherwise specifically provided).

19.2 When City desires a change in the Project, City may issue a Request for Proposal to DB.

DB will be required to respond within the time indicated by City.

Section 20: INTENTIONALLY LEFT BLANK.

Section 21: Work By Others

21.1 City may perform other work related to the Project at the Project Site by City’s own forces, or let other direct contracts (“City Contractor”). The City will give DB reasonable notice of its intent to do such other work. DB’s work shall take priority over the City Contractors; but the Parties will use their best efforts to coordinate their work so as to minimize the disruption to each other’s work and to allow City Contractor to proceed expeditiously.

21.2 If the proper execution or results of any part of DB’s work depends upon the work by the City or City Contractor, DB shall promptly inspect and report to City in writing any apparent delays, defects, or deficiencies in the City’s work that render it unavailable or unsuitable for such proper execution and results. DB’s failure to promptly report such delays, defects, or deficiencies in 05/13/2025 C9 169 of 1078
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writing before commencement of the affected work, will constitute an acceptance of the City’s work as fit and timely for integration with DB’s Work except for latent defects and deficiencies in the City’s work for which DB will not be responsible.

21.3 If DB or any person or entity working for DB causes damage to the City’s or City Contractor’s work, property, or person, or if any claim arising out of DB’s performance of the Project by any other contractor is made against DB, by City, any other contractor, or any other person, DB shall promptly repair and/or resolve said claim at no cost to City.

Section 22: Warranties and Guarantees

22.1 DB warrants and guarantees to City that materials and equipment incorporated into the Project will be new unless otherwise specified and that all work will be in strict accordance with the Construction Documents and will not be defective. Prompt notice of defects known to City shall be given to DB. All Defective Work, whether or not in place, may be rejected, corrected, or accepted as reasonably directed by City, provided DB shall not be entitled to an extension in Contract Time or increase in GMP because of any delay or increase in cost attributable to the rejection, correction or acceptance of said work. Defective work may be rejected even if approved by prior inspection.

22.2 The warranty period shall commence when the Certificate of Final Completion is issued or at beneficial use by City prior to Final Completion, whichever occurs earlier, and extend one (1) year after that date or whatever longer period may be prescribed by laws or regulations or by the terms of any applicable special guarantee or specific provision of the Construction Documents.

22.3 INTENTIONALLY LEFT BLANK.

[22.3 DB is to provide any extra material for maintenance at the completion of the Project, including items such as carpeting, base, floor tile, ceiling tile, paint, and filters.]

22.4 INTENTIONALLY LEFT BLANK.

[22.4 DB is to provide City one (1) set of operating and maintenance data manuals, fully bound and indexed, warranties, guarantees, and bonds.]

22.5 Correction of Defective Work - If within the designated warranty period, or such longer period as may be required by laws or regulations, the Project or any part of the Project, is discovered to contain defective work, DB shall promptly, without any reimbursement or adjustment in the GMP, and in accordance with City’s written instructions, either correct that defective work, or if it has been rejected by City remove it from the Project and replace it with work which is not defective. If circumstances warrant it, including but not limited to, in an emergency, City or DB may have the defective work corrected or the defective work removed and replaced. In that event, DB shall not be allowed to recover any associated costs, and DB shall reimburse City for all direct, and indirect costs of City, and City shall be entitled to an appropriate decrease in the GMP, to withhold a setoff against amount recommended for payment, or make a claim on DB’s bond if DB has been paid in full.

22.6 With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and materials furnished under this Agreement, the DB shall:

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22.6.1 Obtain all warranties that would be given in normal commercial practice and as required by the City;

22.6.2 Require all warranties to be executed, in writing, for the benefit of City;

22.6.3 Enforce all warranties for the benefit of City, if directed by City;

22.6.4 In the event DB’s warranty under Section 22.2 has expired, City may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty;

22.6.5 DB shall assign all subcontractor, supplier and manufacturer warranties including maintenance contracts from the installer for specialized equipment to cover the limited warranty period to City at the expiration of the one year warranty.

Section 23: Use and Possession Prior to Completion

23.1 City shall have the right to take possession of or use any completed or partially completed part of the Work if mutually agreed upon by the parties. Before taking possession of or using any Work, City shall furnish DB a list of items of Work remaining to be performed or corrected on those portions of the Work that City intends to take possession of or use. However, failure of City to list any item of Work shall not relieve DB of responsibility for complying with the terms of this Agreement. City’s possession or use shall not be deemed an acceptance of any Work under this Agreement, nor relieve the DB of any of its obligations under this Agreement.

23.2 While City has such possession or use, DB shall be relieved of the responsibility for the loss of or damage to the Work resulting from City’s possession or use. If prior possession or use by City delays the progress of the Work or causes additional expense to DB, an equitable adjustment shall be made in the GMP or the Contract Time, and the Agreement shall be modified in writing accordingly.

Section 24: Personal Services and Non-Assignability

24.1 This is a personal services Agreement and, therefore, DB shall not alter the key employees or Design Consultants nor assign or transfer, voluntarily or involuntarily, any of its rights, duties or obligations under this Agreement except upon the prior written consent of City. Any such change, assignment or transfer without the prior written consent of the City shall be deemed null and void and constitute a material breach under this Agreement.

Section 25: Indemnification

25.1 To the fullest extent permitted by the law, DB shall indemnify, defend, protect and hold harmless City, their elected and appointed officers, agents, employees, consultants, (collectively herein the “Indemnitees”), from and against all claims, demands, causes of action, damages, injuries, liabilities, losses and expenses (including, without limitation, reasonable attorneys’ and consultants’ fees and expenses) of any kind whatsoever, arising in whole or in part out of or resulting from DB’s performance of this Agreement, DB’s breach of this Agreement, or the alleged negligent acts or omissions of DB, its architects, engineers, other professionals and consultants, Contractors, suppliers or anyone directly or indirectly employed by any of them or anyone for whose acts they may be liable. The obligations of the DB under this paragraph for errors or omissions, including those of the design professional subcontractors, which includes the Design Subcontractors, consultants, agents and employees thereof (“Design Subcontractors”), which arise from (1) the preparation or approval of maps, drawings, opinions, reports, surveys, designs 05/13/2025 C9 171 of 1078
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or specifications, or (2) the giving of or the failure to give directions or instructions shall not be limited to the amount of coverage provided for in the professional liability insurance policy. If City is fully reimbursed by DB’s insurance for any loss covered by this paragraph, DB shall have no further obligation for such loss.

25.2 DB’s obligation to indemnify under Section 25.1 shall not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, to the extent that such is the result of the active negligence or the willful misconduct of an Indemnitee. DB’s obligation to defend under Section 25.1, if not covered by the insurance to be provided on the Project, shall not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, or causes of actions, to the extent that such are caused by the active negligence or the willful misconduct of the Indemnitee, and from no other cause.

25.3 DB shall ensure that any asbestos or hazardous or toxic substances encountered on the site is properly removed and disposed of in accordance with all state or federal statutes or regulations. DB’s obligation regarding the removal or disposal of asbestos or hazardous or toxic substances, products or materials shall be limited to the proper removal within the Project boundaries and the proper disposal of such materials. The DB agrees to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its elected and appointed officers, employees, agents and consultants from and against any and all claims, suits, demands, liabilities, losses, or costs, including reasonable attorney’s fees and defense costs, resulting or accruing to any and all persons, firms, and any other legal entity, caused by, arising out of or in any way connected with the removal or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on the jobsite whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action.

Section 26: Right to Terminate and Suspend Work

26.1 Archaeological and Paleontological Discoveries: If a discovery is made of an archaeological or paleontological interest, DB shall immediately cease operations in the area of the discovery and shall not continue until ordered by City. When resumed, operations within the area of the discovery shall be as directed by City.

26.1.1 Discoveries which may be encountered may include, but are not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, fossils or any item with cultural significance.

26.1.2 DB shall be entitled to an extension of time and compensation in accordance with the provisions of this Agreement.

26.2 Termination of Agreement by City for Cause: If, through any cause, DB shall fail to fulfill in a timely and proper manner DB’s obligations under this Agreement, or if DB shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to DB of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. All finished or unfinished documents, data, studies, drawings, maps, plans, specifications, reports, electronic files, and other materials prepared by DB, or any of its agents, Design Consultants or Subcontractors, shall, at the option of the City, become the property of the City, and DB shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed amounts payable hereunder, and less any damages caused by DB’s breach. 05/13/2025 C9 172 of 1078
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26.2.1 In the event the Agreement is terminated in accordance with this Section, City may take possession of the Project and may complete the Project by whatever method or means City may select.

26.2.2 If the cost to complete the Project exceeds the balance, which would have been due, DB shall pay the excess amount to City.

26.2.3 Rights of City Preserved: Where DB’s services have been so terminated by City, the termination will not affect any rights or remedies of City against DB then existing or which may thereafter accrue. Any retention or payment of moneys due DB by City will not release DB from liability. It is agreed that termination hereafter will not in any way release, waiver, or abridge any rights the City has against DB’s performance bond surety.

26.3 Any dispute as to the amount due or owed to DB upon termination under this section shall be resolved in accordance with Section 26.

26.4 Termination for Convenience by City: City may terminate this Agreement at any time and for any reason, by giving specific written notice to DB of such termination and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City’s sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, DB shall be entitled to receive just and equitable compensation for any satisfactory Work completed to the effective date of such termination. DB hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein.

26.4.1 Records and Documents Relating to Termination: Unless otherwise provided in the Agreement or by statute, DB shall maintain all records and documents relating to the terminated portion of this Agreement for three (3) years after final settlement. This includes all books and other evidence bearing on DB’s costs and expenses under this Agreement.

DB shall make these records and documents available to City, at DB’s office, at all reasonable times, without any direct charge. If approved by the City Manager, photographs, electronic files, microphotographs, or other authentic reproductions may be maintained instead of original records and documents.

26.5 Upon receipt of the Notice of Termination, DB shall take any action that may be necessary, or that the City Manager may direct, for the protection and preservation of the property related to this Agreement that is in the possession of DB and in which City has or may acquire an interest.

26.6 Payment to DB Due to Termination - DB and the City Manager may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a fee proportional to the percentage of work satisfactorily completed. However, the agreed amount may not exceed the total dollar amount authorized by City as reduced by the amount of payments previously made.

26.7 Failure to Agree on Payment - If DB and City fail to agree on the whole amount to be paid because of the termination of Project, City shall pay DB the fair and reasonable amounts determined in good faith by City as follows, but without duplication of any amounts agreed to above:

26.7.1 The price for completed services accepted;
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26.7.2 The costs incurred in the performance of the Project terminated, including initial costs and preparatory expense allocable thereto. These costs are only for Work completed and accepted by the City based on an audit of all Contractors’ bills of materials and the timecards for Work actually performed;

26.7.3 DB and Design Subcontractor services through the date of termination shall be paid based on actual time spent as documented on timecards. Expenses shall be paid based on invoice and receipts provided by DB;

26.7.4 Under no circumstances will DB be entitled to any consideration for lost profit or lost opportunity costs;

26.8 If DB does not agree that the amount determined by the City Manager is fair and reasonable and if DB gives notice of such disagreement to City within thirty (30) days of receipt of payment, then the amount due shall be as later determined pursuant to the Dispute Resolution procedures in Section 26.

26.9 Payment for Property Destroyed, Lost, Stolen or Damaged - Except to the extent that City expressly assumed the risk of loss, the City Manager shall exclude from the amounts payable to DB under this Section, the fair value, as determined by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to City.

26.10 Deductions - In arriving at the amount due DB under this section, there shall be deducted:

26.10.1 Any claim which City has against DB under this Agreement; and

26.10.2 The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by DB or sold under the provisions of this clause and not recovered by or credited to City.

26.11 Termination of Agreement by DB:

26.11.1 DB may terminate the Agreement upon ten (10) days written notice to City, whenever:

26.11.1.1 The Project has been suspended under the provisions of Section 26.1 or 26.2, for more than ninety (90) consecutive days through no fault or negligence of DB, and notice to resume Work or to terminate the Agreement has not been received from City within this time period; or

26.11.1.2 City should fail to pay DB any monies due it in accordance with the terms of this Agreement and within ninety (90) days after presentation to City by DB of a request therefore, unless within said 10-day period City shall have remedied the condition upon which the payment delay was based.

26.11.2 In the event of such termination, DB shall have no claims against City except for those claims specifically enumerated in Section 26.9, herein, and as determined in accordance with the requirements of said Section.

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Section 27: Independent Contractor

27.1 DB and any Design Consultant, Contractor, Subcontractor, agent or employee of DB, shall act as an independent contractor and not as an agent, officer or employee of City. Except as expressly provided in this Agreement, City assumes no liability for DB’s actions and performance; in particular, but without limitation, City assumes no responsibility for paying any taxes, bonds, payments or other commitments, implied or explicit, by or for DB. DB acknowledges that it is aware that because it is an in dependent contractor, City is making no deductions from the fees for services being paid to DB and that City is not contributing to any fund on the behalf of DB. DB disclaims the right to any type of additional fee or benefits.

Section 28: Independent Judgment

28.1 Unless otherwise directed in writing by City, DB shall, in providing the professional services required by this Agreement, arrive at conclusions with respect to the rendition of information, advice and recommendations, independent of the control and direction of City, other than normal contract monitoring; DB, however, shall possess no authority with respect to any City decision beyond rendition of such information, advice and recommendations. DB shall not have the authority to act as an agent on behalf of City unless specifically authorized to do so by City in writing.

Section 29: Maintenance of Records and Accounting

29.1 DB shall maintain, during the Project and for a period of three (3) years after completion of the Project, accurate and organized records of all costs of any type and all services performed under this Agreement. City will have the right at any time, including during the performance of all Phases of the Project to audit and copy all such records.

Section 30: Ownership of Documents

30.1 Drawings, plans and specifications, and all reports, studies, tracings, maps, electronic files, and other documents prepared or obtained by DB in the course of performing the work under this Agreement shall be the property of City, and DB shall convey and transfer all copyrightable interests in such drawings, plans and specifications, documents to City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by DB under this Agreement shall, upon request, be made available to City. City agrees to use the original plans and drawings for purposes of this construction project only and will not use the original plans or drawings in connection with any other construction project. City agrees to indemnify, defend and hold harmless DB against any claims, losses, costs or damages as a result of City's reuse or misuse of such plans, drawings and specifications. In the event of the return of the plans, drawings, or specifications to DB or its representative, DB shall be responsible for their safe return to City. DB shall be entitled to retain copies of the plans, drawings and specifications for their files.

Under no circumstances shall DB fail to deliver any draft or signed and sealed final plans, drawings or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between DB and City concerning payment, performance of Agreement, or otherwise.

This covenant shall survive the termination of the Agreement.

30.2 Title to Intellectual Property. DB shall represent that it has secured all necessary licenses, consents or approvals to use the components of any intellectual property, including computer software, used in the rendering of services and the production of the materials for the Project and that City has full legal title to and the right to reproduce such materials. DB covenants to defend, indemnify and hold City harmless of any loss, claim or liability in any way related to a claim that 05/13/2025 C9 175 of 1078
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City is violating, as a result of any services rendered by the DB, either any contractual provisions or any federal, state or local law, relating to trade names, licenses, franchises, patents or other means of protecting interests in products or inventions.

Section 31: Force Majeure

31.1 Any party to this Agreement may be excused for any delay or failure to perform its duties and obligations under this Agreement, except for obligations to pay money, but only to the extent that such failure or delay is caused by an Event of Force Majeure as set forth in Section 31.2. If an Event of Force Majeure set forth in Section 31.2 causes a delay or failure in performance of only a portion of the obligations of a Party under this Agreement, then only that portion of performance which was delayed or prevented by such cause shall be deemed excused, and the performance of all other obligations of a Party not so delayed shall not be excused by an Event of Force Majeure. Delay or failure in performance of all other obligations of a Party not so delayed shall not be excused by such Event of Force Majeure. Delay or failure in performance by a Party which is the result of an Event of Force Majeure set forth in Section 31.2 shall be deemed excused for a period no longer than the delay or failure in performance caused by such Event.

31.2 An Event of Force Majeure means an occurrence beyond the control and without the fault or negligence of a Party, including but not limited to unusually severe weather, flood, earthquake, fire, lightning, and other natural catastrophes, acts of God or the public enemy, war, terrorist act, riot, insurrection, civil disturbance or disobedience, strike or labor dispute for which DB is not responsible, expropriation or confiscation of facilities, changes of applicable law, or sabotage of facilities, so long as such Party makes good faith and reasonable efforts to remedy the delays or failures in performance caused thereby. However, DB, in developing the GMP and Project Schedule, has incorporated three (3) days for anticipated adverse weather days that may disrupt work on the Project; DB shall be entitled to relief under this Section for adverse weather only to the extent adverse weather days exceed this amount of days.

31.3 A Party shall give written notice to the other Party as soon after becoming aware of the delay or failure in performance caused by an Event of Force Majeure as is reasonably possible, but in any event within five (5) working days after Party becomes aware of such delay or failure.

31.4 No Event of Force Majeure shall be a basis for monetary adjustment to the GMP. Costs incurred by the DB as a result of a Force Majeure Event will be reimbursed according to the terms of this Agreement from the Contingency Fund.

Section 32: Hazardous Materials

32.1 In the event the DB or any other party encounters asbestos or hazardous or toxic materials at the Project Site, or should it become known in any way that such materials may be present at the Project Site or any adjacent areas that may affect the performance of the DB’s services, the DB may, at his or her option and without liability for consequential or any other damages, suspend performance of services on the Project until the City retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the hazardous or toxic materials, and warrant that the Project Site is in full compliance with applicable laws and regulations.

Section 33: Disputes

33.1 All claims, counterclaims, disputes, and other matters in question arising under, or relating to, the Agreement or the breach thereof shall be processed in accordance with the provisions of this Section, unless specifically addressed by another provision of this Agreement. 05/13/2025 C9 176 of 1078
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33.2 DB shall submit its written request for additional compensation for work beyond the scope of this Agreement to City pursuant to Section 9. City shall make a determination on DB’s request in writing within 7 days of receipt of request and all supporting data. Said request for approval of work beyond the scope of this Agreement shall be made in good faith and accurately reflect the adjustment in project fee or schedule for which DB believes City is liable, and covers all costs and delays to which DB believes it is entitled as a result of the occurrence of the claimed event. All requests for adjustment in schedule shall include an analysis of the impact of the claimed work on specific activities on the schedule.

33.3 If DB disagrees with City’s determination, DB shall file a claim in writing in accordance with the procedures set forth in Chapter 1.28 of the Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of the same.

33.4 Pending final resolution of any claim, including litigation, DB shall proceed diligently with performance of the Project, and comply with any direction of City.

Section 34: Notices

34.1 All notices, demands or other communications hereunder shall be given or made in writing and shall be delivered personally or sent by courier or registered or certified mail, return receipt requested, postage prepaid, addressed to the Party to whom they are directed at the following addresses, or at such other addresses as may be designated by notice from such Party:

To CITY:

Engineering Department
Attn:
200 Civic Center Drive
Vista, CA 92084

To DB:

XXX
XXX

XXX, CA XXX

Any notice, demand or other communication given or made solely by mail in the manner prescribed in this Section shall be deemed to have been given and to be effective three (3) days after the date of such mailing; provided, however, that any notice, demand or other communication which would otherwise be deemed to have been given on a day which is not a working day shall be deemed to have been given on the next subsequent working day.

Section 35: Miscellaneous Terms

35.1 Representations: Each Party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Agreement is being made without reliance upon any statement or representation of any other Party not contained herein, or any representative, agent or attorney of any other Party.

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35.2 Severability: If any term or condition of t his Agreement is held to any extent to be invalid or unenforceable, all the remaining terms and conditions shall be enforceable to the fullest extent permitted by law.

35.3 Entire Agreement: This Agreement contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Agreement. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the Parties hereto.

35.4 Drafting Ambiguities: The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the Parties hereto. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.

35.5 Applicable Law: The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue for mediation, arbitration and/or actions arising out of this Agreement shall be in the City of Vista, California.

35.6 Waiver: Unless otherwise expressly provided herein, no delay or omission by the Parties hereto in exercising any right or remedy provided for herein shall constitute a waiver of such right or remedy, nor shall it be construed as a bar to or a waiver of any such right or remedy on any future occasion.

35.7 Effect of Headings: Headings appearing in this Agreement are inserted for convenience of reference only, and shall in no way be construed to be interpretations of the provisions hereof.

35.8 Amendments: This Agreement may be modified, amended or supplemented only by the mutual written agreement of the Parties hereto.

35.9 Authorization and Compliance: Each Party represents that it is duly authorized to execute and carry out the provisions of this Agreement.

35.10 Further Assurances: The Parties agree to do such further acts and things and execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the agreements contained herein in the manner contemplated hereby.

35.11 Counterparts: This Agreement may be executed by the Parties in one or more counterparts, all of which taken together shall constitute one and the same instrument. The facsimile signatures of the Parties shall be deemed to constitute original signatures, and facsimile copies hereof shall be deemed to constitute duplicate original counterparts.

35.12 Exhibits: All Exhibits are incorporated herein by reference into this Agreement.

35.13 Third Party Beneficiary: Nothing within this Agreement shall create a contractual relationship between the City and any third party.

35.14 Counterparts; Electronic Signatures; Electronic Delivery: This Agreement may be executed in separate counterpar ts, none of which need contain the signatures of both Parties, 05/13/2025 C9 178 of 1078
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and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven. Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

Section 36: Prevailing Wages; Labor Law Compliance

This contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works. Design-Builder agrees to execute City’s Agreement to Comply with California Labor Law Requirements (Exhibit 5) and to comply with the Labor Code to the extent that work under this Agreement is subject to those requirements.

[Continued on page 25Section 37: Execution
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.]

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Section 37: Execution

IN WITNESS WHEREOF; the Parties hereto have executed this Agreement as of the Agreement Date.
“City”

CITY OF VISTA, a chartered municipal
corporation

B
Y:

JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

B
Y:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

B
Y:

R
ISK MANAGEMENT REVIEW:

ANALISA HOLBROOK, RISK MANAGER

B
Y:

“Design Builder”

XXX, XXXX

By:

Name/Title

B
Y:

Name/Title

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EXHIBIT LIST

1. Design/Build Services Proposal, Schedule of Rates, and Project Schedule

2. Insurance and Bonding Requirements

3. Request for Proposal (RFP)

4. Project Site

5. Agreement to Comply With California Labor Law Requirements 05/13/2025 C9 181 of 1078
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Fats, Oils, and Grease
Mitigation
Recommendation
Technical Memorandum
Raceway Basin and Buena Creek Pump
Stations Improvement Study and Owner’s
Advisor Services
City of Vista, CA
July 20, 2021
05/13/2025 C9 185 of 1078

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Certification
This report has been prepared under the direction of the following Registered Civil Engineer. The Registered Civil Engineer attests to the technical information contained herein and the engineering data upon which recommendations, conclusions, and decisions are based. The recommendations in this report are for informational and not construction purposes.

Mandira Sudame
R.C.E. C-70397
9/22
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Fats, Oils, and Grease Mitigation Recommendation Technical Memorandum Raceway Basin and Buena Creek Pump Stations Improvement Study and Owner’s Advisor Services

Acknowledgments
(in alphabetical order)
Owner – City of Vista
Michael Hilker
Encina Water Authority
John Fetu
Mike Sumner
HDR
Badri Badriyha
Dean Gipson
Eric Scherch
Mandira Sudame
Ulises Martinez

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Contents
Executive Summary ...................................................................................................................................... v 1 Introduction.................................................................................................................. ........................ 1

1.1 Background .................................................................................................................. ............. 1 2 Existing Pump Stations and Fats, Oils, and Grease Issue ..... ............................................................ 3

2.1 Buena Creek Pump Station.................................................................................................... ... 3

2.2 Raceway Basin Pump Station.................................................................................................. . 4

2.3 The Fats, Oils, and Grease Problem.......................... ............................................................... 5 3 Fats, Oils, and Grease Technologies Evaluation................ ................................................................ 9

3.1 Fats, Oils, and Grease Mitigation Te chnologies ....................................................................... 9

3.2 Evaluation Criteria ......................................................................................................... ............ 9

3.3 Manufacturer Information .................................................................................................... .... 10 4 Fats, Oils, and Grease Mitigation Altern atives.................................................................................. 13

4.1 Anue EnviroPrep®............................................................................................................. ...... 13

4.1.1 Description ............................................................................................................... .. 13

4.1.2 Anue References Check ............................................................................................ 15

4.1.3 Proposed Anue System – Buena Creek Pump Stat ion.............................................. 15

4.1.4 Proposed Anue System – Raceway Basin Pump St ation.......................................... 15

4.2 Flygt Submersible Mixer..................................................................................................... ..... 16

4.2.1 Description ............................................................................................................... .. 16

4.2.2 Flygt References Check............................................................................................. 17

4.2.3 Proposed Flygt System – Buena Creek Pump Stat ion .............................................. 17

4.2.4 Proposed Flygt System – Raceway Basin Pump Station .......................................... 18

4.3 MicroBlock Biological Additive .............................................................................................. .. 18

4.3.1 Description ............................................................................................................... .. 18

4.3.2 MicroBlock References Check ................................................................................... 18

4.3.3 Proposed MicroBlock System – Buena Creek Pu mp Station .................................... 19

4.3.4 Proposed MicroBlock System – Raceway Basin Pump Station ................................ 19

4.4 Pulsed Hydraulics, Inc...................................................................................................... ....... 19

4.4.1 Description ............................................................................................................... .. 19

4.4.2 Pulsed Hydraulics, Inc. References Check................................................................ 20

4.4.3 Proposed Pulsed Hydraulics, Inc. System – Buena Creek Pump Station ................. 20

4.4.4 Proposed Pulsed Hydraulics, Inc. System – Raceway Basin Pump Station ............. 21

4.5 Vapex Oxidation System....................................... .................................................................. 22

4.5.1 Description ............................................................................................................... .. 22

4.5.2 Vapex References Check .......................................................................................... 24

4.5.3 Proposed Vapex System – Buena Creek Pump Stat ion............................................ 24

4.5.4 Proposed System – Raceway Basin Pump Station . .................................................. 24

4.6 Vaughan Conditioning Chopper Pumps....... ........................................................................... 24

4.6.1 Description ............................................................................................................... .. 24

4.6.2 Vaughan References Check ...................................................................................... 25

4.6.3 Proposed Vaughan System – Buena Creek Pump Station ....................................... 25

4.6.4 Proposed Vaughan System – Raceway Basin Pu mp Station.................................... 25

4.7 Equipment Summary........................................................................................................... .... 25

4.8 Maintenance................................................................................................................. ........... 29 05/13/2025 C9 189 of 1078
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5 Cost Benefit Analysis ........................................................................................................................ 33

5.1 Present Worth Analysis ........................................................................................................... 33

5.1.1 Capital Cost ................................................................................................................ 33

5.1.2 Operation and Maintenance ....................................................................................... 34

5.1.3 Cost Methodology ...................................................................................................... 34

5.1.4 Cost Benefit Analysis Results .................................................................................... 38 6 Conclusions and Recommendations ................................................................................................. 41 7 References ........................................................................................................................................ 43

Tables
Table ES-1. Fats, Oils, and Grease Mitigation Technologies Considered ................................................... vi Table ES-2. Weighting Factors ..................................................................................................................... vi Table ES-3. Buena Creek Pump Station Equipment Summary .................................................................... ix Table ES-4. Raceway Basin Pump Station Equipment Summary ................................................................ x Table ES-5. Buena Creek Pump Station Present Worth Cost Results ......................................................... xi Table ES-6. Raceway Basin Pump Station Present Worth Cost Results .................................................... xii Table ES-7. Buena Creek Pump Station Cost Benefit Analysis Results .................................................... xiii Table ES-8. Raceway Basin Pump Station Cost Benefit Analysis Results ................................................ xiv Table 3-1. Fats, Oils, and Grease Mitigation Technologies Considered ...................................................... 9 Table 3-2. Weighting Factors ...................................................................................................................... 10 Table 4-1. Buena Creek Technologies Summary ....................................................................................... 27 Table 4-2. Raceway Technologies Summary ............................................................................................. 28 Table 4-3. Maintenance Schedule Buena Creek ........................................................................................ 29 Table 4-4. Maintenance Schedule Raceway .............................................................................................. 30 Table 5-1. Cost Estimate Markups .............................................................................................................. 33 Table 5-2. Buena Creek Pump Station Life-Cycle Cost Summary ............................................................. 35 Table 5-3. Raceway Basin Pump Station Life-Cycle Cost Summary ......................................................... 36 Table 5-4. Buena Creek Pump Station Cost Benefit Analysis Results ....................................................... 39 Table 5-5. Raceway Basin Pump Station Cost Benefit Analysis Results ................................................... 40 Table 6-1. Buena Creek Pump Station Technology Recommendations .................................................... 41 Table 6-2. Raceway Basin Pump Station Technology Recommendations ................................................ 42

Figures
Figure 2-1. Buena Creek Pump Station Site Plan ........................................................................................ 4 Figure 2-2. Raceway Basin Pump Station Site Plan ..................................................................................... 5 Figure 2-3 Break Fats, Oils, and Grease Mat at Buena Creek Pump Station with Water Hose ................... 6 Figure 2-4 Breaking Fats, Oils, and Grease Mat at Raceway Basin Pump Station with Water .................. 6 Figure 4-1. EnviroPrep® Installation Options ............................................................................................. 14 Figure 4-2. Anue Installation Example in Wet Well ..................................................................................... 14 Figure 4-3. Typical EnviroPrep® kits .......................................................................................................... 15 Figure 4-4. Flygt Mixer Model 4630 Cross Section ..................................................................................... 16 Figure 4-5. Flygt Mixer Installation in Lift Station Wet Well ........................................................................ 17 05/13/2025 C9 190 of 1078
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Figure 4-6. MicroBlock Blocks..................................................................................................................... 18 Figure 4-7. Pulsed Hydraulics, Inc. Mixer Panel......................................................................................... 20 Figure 4-8. Buena Creek Pump Station Wet Well Application Layout for Section 1 of 2 ........................... 21 Figure 4-9. Buena Creek Pump Station Wet Well Application Layout for Section 2 of 2 ........................... 21 Figure 4-10. Raceway Basin Pump Station Wet Well Application Layout .................................................. 22 Figure 4-11. Vapex Schematic.................................................................................................................... 23 Figure 4-12. Vapex Spray Nozzle ............................................................................................................... 23 Figure 4-13. Vaughan Conditioning Pump model....................................................................................... 25 Figure 5-1. Buena Creek Pump Station Life-Cycle Cost ............................................................................3 6 Figure 5-2. Raceway Basin Pump Station Life-Cycle Cost.........................................................................38 Appendices
Appendix A. Site Visit Notes
Appendix B. Equipment Product Sheets
Appendix C. Cost Benefit Analysis Evaluation Criteria Technical Memorandum Appendix D. References Surveys
Appendix E. Engineer’s Probable Construction Cost Opinion 05/13/2025 C9 191 of 1078
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Acronyms and Abbreviations
BCPS Buena Creek Pump Station
BFP bubble forming plates
BSD Buena Sanitation District
City City of Vista
CBA cost benefit analysis
ER EnviroPrep®
EWPCF Encina Water Pollution Control Facility
FOG fats, oils, and grease
mgd million gallons per day
O&M operation and maintenance
PHi Pulsed Hydraulics, Inc.
project Improvements Study and Owner ’s Advisor Services Project PVC polyvinyl chloride
RBPS Raceway Basin Pump Station

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Executive Summary
This report is submitted to provide an alternative analysis of fats, oils, and grease (FOG) mitigation technologies for the Raceway Basin Pump Statio n (RBPS) and Buena Creek Pump Station (BCPS) Improvements Study and Owner’s Advisor Services Project (project). Historically, these sewage pump stations have been experiencing consistent and significant levels of FOG build up in the wet wells, and rags clogging pumps at the BCPS. The purpose of this report is to provide FOG and ragging abatement design recommendations for construction that would improve the benefits and cost for these issues.

The project is located in the City of Vista at th e RBPS and BCPS. The RBPS is owned by the City of Vista (City), and the BCPS is owned by Buena Sani tation District (BSD) and managed by the City.

Both pump stations are operated and maintained by the Encina Wastewater Authority. Each pump station conveys wastewater for tr eatment at the Encina Water Poll ution Control Facility (EWPCF) in Carlsbad, and the pump stations are described below.

The BCPS was built in 2002. The pump station has a design capacity of 8. 8 million gallons per day (mgd) and an average daily flow of 2.1 mgd. Influent wastewater enters the pump station through dual 24-inch pipelines. Before entering the wet well, influent water passes through parallel channel grinders.

Effluent water leaves the pump station through a 24-inch ductile iron pipeline that connects to an 18-inch polyvinyl chloride (PVC) force main. This fo rce main ultimately joins BSD's force main to the EWPCF.

The City owns the RBPS. In 2007, the facility was replaced with the current facility, which has a design flow of 1.9 mgd. The current average daily wastewater influent flow is approximately 0.5 mgd.

Encina Wastewater Authority (EWA) provides oper ational, maintenance, and adm inistrative contract support services under a Memorandum of Understanding (MOU) agreement with the City. RBPS and BCPS are considered critical infrastructure to the City' s sanitary sewer system.

Both pump stations are experiencing severe FO G accumulation. The operation and maintenance (O&M) staff are spending up to 8 hours per week br eaking down the FOG build up in the wet wells.

Staff use water hoses to break down the FOG mat in the wet well to their best of abilities. In addition, O&M staff have reported a surge in ragging at BCPS due to COVID-19. A site visit to the pump stations was conducted on March 11, 2021, to observe the F OG conditions, witness operator’s effort to breakdown the FOG mats, and discuss the current m eans of FOG mitigation with operators. Field notes from that visit are included in Appendix A
FOG is always present in wastewat er. The issues start when the FO G buildup in the sewer lines, manholes, and pump station wet wells. The FOG buil dup within a pump station wet well can impact the wet well working volume, malfunctioning of pumps, cause odor problems, increase maintenance costs, increase the presence of wanted and pot entially disease causing/spreading vectors, and escalate the potential of sanitary sewer overflow. There is a variety of options available for FOG abatement at pump stations, from structural modifi cations to the wet well, controlling and removal using wet well operating levels, mechanical equipment, chemical, and/or biological additives.

For both RBPS and BCPS invasive structural modifica tions may not be a viable option as it may be more cost intensive and may not provide the anticipated benefits in reducing O&M time.

Several technologies are available and have been succ essfully used at other wastewater collection and treatment facilities to alleviate the FOG pr oblem. HDR considered the following six types of 05/13/2025 C9 193 of 1078
Fats, Oils, and Grease Mitigation Recommendation Technical Memorandum Raceway Basin and Buena Creek Pump Stations Improvement Study and Owner’s Advisor Services vi | July 20, 2021
technologies included in Table ES-1 to be used at both RBPS and BCPS. Product sheets for these FOG mitigation technologies are included in Appendix B.

Table ES-1. Fats, Oils, and Grease Mitigation Technologies Considered Technology Description
Anue Enviro-Prep A mechanical spray system that breaks up FOG by surface agitation Flygt Submersible mechanical mixer that breaks up FOG by surface agitation from the bottom of the well
MicroBlock Biological additive used to break up FOG with active bacteria PHi Large bubble mixing system used to agitate wet well contents Vapex Chemical additive used to break up FOG with oxidant radicals Vaughan Submersible high-velocity recirculating chopper pump to break down materials and FOG
Notes:

FOG=fats, oils, and grease; PHi=Pulsed Hydraulics, Inc.

To evaluate these technologies on an equal basis, HDR developed a set of 11 criteria relevant to the FOG abatement under consideration for a cost benefi t analysis (CBA). The evaluation criteria with their scoring values were discussed in a CBA Evaluation Criteria Technical Memorandum (Appendix C), which was submitted and accepted by the City and are included in Table ES-2.

Table ES-2. Weighting Factors
Number Criterion Weight
1 Performance track record 7
2 Constructability 10
3 Ease of operation 5
4 Maintenance frequency 10
5 Potable water use 6
6 Impact on odor control 10
7 Impact on downstream treatment 10
8 Impact on existing equipment 7
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Table ES-2. Weighting Factors
Number Criterion Weight
9 Capital cost 10
10 O&M cost 7
Notes:

O&M=operation and maintenance
The six types of technology alternatives briefl y were evaluated based on these 11 criteria and information collected from the manufacturer for each. Manufacturers were chosen based on HDR’s experience, familiarity, and initial assumption that they are efficient, and viable options. References provided by each of the manufacturers were contacted via phone calls and/or followed up with email correspondences so that they could participate in an independent survey questionnaire developed by HDR regarding their experience with their equipment. Survey results are included in Appendix D.

For comparison purpose, a no action alternative was also evaluated. The no action option was based on the current practice of manually breaking the FOG mats at the pump stations with water hose on a weekly basis. This no action option is also used as a baseline co mparison for determining when the investment of a new technology breaks even.

Anue’s EnviroPrep® (EP) Well-Washers Systems condition wastewater to provide ongoing lift station maintenance. The EP system recy cles discharged wastewater throug h the system and agitates the surface when returning it back to the well, automating lift station FOG maintenance.

Flygt mechanical submersible mixers are typically used to create turbulence in clarifiers at wastewater treatment plants and in the high-sediment wastewater chain of industrial facilities. However, Flygt has a mixer, Model 4630, to prevent FOG buildup in the wet well of a lift station. The Model 4630 delivers a powerful 103 pound-force of thrust. Flygt designed the unit with a cutter behind the 6-degree propeller that prevents stringy fibrous material from building up. A basic timer is set for the mixer to run for several minutes at half-hour intervals. The mixer is placed at the bo ttom of the wet well on a leveled surfaced and pointed upwards for lift station FOG mitigation.

MicroBlock™ is a solid, bacterial laden, slow releas e bioblock for use in degrading FOG in lift stations, organic waste grease traps, and at various areas upstream from the waste treatment system. The bioblock is hung inside the wet wells and is allowed to gradually dissolve over a 30- to 90-day period, which theoretically allows for continuous treatment and degradation of waste by degrading the grease and organics at the source. The bacteria may also build up a minor slime coating in the pipes downstream that helps keep grease from building up in the pipes.

Pulsed Hydraulics, Inc. (PHi) has a mixing device that operates on compressed air. The PHi mixing system consists of three basic component groups : air compressor to supply air, a sequencing computer (control panel), and hydro-pulse bubble forming plate (BFP). Com pressed air is supplied through a compressor creating the source of the hydro-pulse bubble which mixes the contents of the tank. The sequencing computer m anages the parameters and schedule of the release of the bubble controlling the bubble-pulse intensity, duratio n, interval between pulses, and pulsing sequence between different forming plates or groups of forming plates in a tank. Forming plates are constructed from various materials to fit the specific application and are designed to form a hydro-pulse, a massive air bubble which creates the mixing hy draulics starting from the bottom to the top of the tank. When 05/13/2025 C9 195 of 1078
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the bubble from the plate begins its ascent, it presses liquids and so lids above it upward, and draws liquid and sediment along from beneath. As it continues to rise, liquid and solids in its path are put into motion upward. When the bubble breaks on the surface, the liquid and solids move tangentially to the surface, producing a surface mixing motion that moves to the tank wall and then down the sides to the bottom, completing the mixing cycle.

The Vapex™ system, with its patented air atom izing three-fluid nozzl es, enhances the advanced oxidation process by creating hydroxyl radicals, an oxidant typically used in odor treatment. The nozzle combines ozone, water, and air to create hydroxyl radical mist that is efficiently dispersed throughout enclosed or partially enclosed spaces, such as lift stations, wet wells, holding tanks, diversion boxes, and headworks channels. Vapex™ technology remedi ates FOG by breaking the double carbon bonds that form the fatty acid chain. By breaking the carbon bonds, FOG does not reform downstream. Odors from volatile fatty acids are decreased significa ntly. Continuous treatment reduces fats, oils, and grease from collecting on the surface of the process water and walls, reducing or eliminating the need to remove and dispose of surface FOG.

The Vaughan Conditioning Pump™ is a Vaughan Subm ersible Chopper Pump mounted on a portable stand and fitted with high-velocity mixing nozzle. The conditioning pump recirculates the contents of the wet well, chopping and mixing to produce a homogeneous mixture that is more easily pumped out.

Floating mats are removed and solids that have ac cumulated on the floor ar e resuspended. As the pump is mounted on a portable stand, it can easily be used in multiple applications at a single jobsite, facility, or municipality.

The six FOG mitigation alternatives were evaluated, each assumed capable of meeting the needs of the BCPS and RBPS. Table ES-3 and Table ES-4 ar e summary comparison tables of the different technologies for BCPS and RBPS.

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Table ES-3. Buena Creek Pump Station Equipment Summary
Manufacturer Anue Flygt MicroBlock PHi Vapex Vaughan
Type Surface
mechanical mixer
Submersible
mechanical mixer
Biological additive Large bubble
mixing
Chemical
additive
Submersible high-velocity
recirculating
Proposed system 5 Rotating head
3 Grinder pumps
2 (7.5 horsepower)
1 (5.0 horsepower)
2 Control panels
3 (4-horsepower
mixers)
10 pounds
monthly
5 BFP
1 (15 horsepower)
Compressor
1 Nano
system
2 Nozzles
1 (20 horsepower)
Conditioning chopper
pump
1 (10 horsepower)
Conditioning chopper
pump
Equipment cost $ 78,000 $ 50,000 $ 2,000 $ 70,000 $ 92,000 $ 40,000 Notes:

BFP=bubble forming plates; PHi=Pulsed Hydraulics, Inc.
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Table ES-4. Raceway Basin Pump Station Equipment Summary Manufacturer Anue Flygt MicroBlock PHi Vapex Vaughan
Type Surface mechanical
mixer
Submersible
mechanical mixer
Biological
additive
Large bubble mixing Chemical
additive
Submersible
high-velocity
recirculating
Proposed system 2 Rotating head
1 Grinder pump
(7.5 horsepower)
1 Control panel
1 (4-horsepower
mixer)
2 pounds
monthly
2 BFP
1 (7.5 horsepower)
Compressor
1 Nano
system
2 Nozzles
1 (7.5 horsepower)
Conditioning chopper
pump
Equipment cost $ 35,000 $ 18,000 $ 500 $ 41,000 $ 92,000 $ 16,000 Notes:

BFP=bubble forming plates; PHi=Pulsed Hydraulics, Inc.

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The maintenance requirements for all alternatives varies bas ed on type and application per pump station. The maintenance requi rements for each FOG mitigat ion alternative was based on manufacturer-provided informati on and contact references. As previously discussed, several equipment replacements were included periodically.

A present worth analysis was conduc ted for each alternative in order compare each technology cost holistically. This was completed by assessing the total cost of the technology over a 20-year life cycle, which includes initial capital costs, maintenance costs, and operating cost. T he net present value of the 20-year life-cycle cost for the FOG mitigation alternatives considered both capital and O&M costs in 2021 dollars.

The energy cost was incorporated into the life-c ycle costs at power rates of $0.285 per kilowatt-hour and $0.353 per kilowatt-hour for BCPS and RBPS, respectively. Capital costs were included to complete the installation of each alternative with any additional significant equipment or modification required. Details of the construction costs are included in Appendix E. The construction cost estimate included additional markup costs as a percentage of direct costs as presented. The O&M cost includes water usage cost, spare parts, labor hours, vendor support, and most importantly, equipment or motor overhauls during a 20-year cycle. Section 4.8 lists maintenance items and their frequency identified during equipment review and reference intervi ews. Assumed operating hours were provided as a range from each manufacturer and conservative usage was assumed for costs.

The results of the life-cycle cost analysis and other costs associated with the FOG mitigation alternatives for BCPS and RBPS are shown in Table ES-5 and Table ES-6, respectively.

Table ES-5. Buena Creek Pump Station Present Worth Cost Results Parameter
Technology
Anue Flygt MicroBlock PHi Vapex Vaughan
Capital cost $78,000 $50,000 $2,000 $70,000 $92,000 $40,000 Construction cost $318,000 $203,000 $6,000 $286,000 $395,000 $172,000 Average annual
O&M cost
$6,000 $2,000 $20,000 $3,000 $9,000 $5,000
Average annual
energy cost
$17,000 $10,000 — $4,000 $9,000 $17,000
Present worth value $771,000 $453,000 $408,000 $427,000 $758,000 $605,000 Breakeven +20 years 7 years < 1 year 8.5 years +20 years 9.5 years Notes:

O&M=operation and maintenance; PHi=Pulsed Hydraulics, Inc. 05/13/2025 C9 199 of 1078
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Table ES-6. Raceway Basin Pump Station Present Worth Cost Results Parameter
Technology
Anue Flygt MicroBlock PHi Vapex Vaughan
Capital cost $35,000 $18,000 $500 $41,000 $92,000 $16,000 Construction
cost
$144,000 $72,000 $3,000 $165,000 $374,000 $65,000
Average annual
O&M cost
$3,000 $1,000 $13,000 $3,000 $9,000 $3,000
Average annual
energy cost
$8,000 $4,000 — $3,000 $11,000 $5,000
Present worth
value
$360,000 $178,000 $267,000 $275,000 $780,000 $239,000
Breakeven 17 years 4.5 years < 1 year 11.5 years +20 years 5 years Notes:

O&M=operation and maintenance; PHi=Pulsed Hydraulics, Inc.

The no action alternative was considered in this CBA as a baseline comparison for the proposed technologies. The data was computed in a spr eadsheet, and the technologies are ranked in a descending order in Section 6. Sc oring was performed for each lift station and similar score were obtained.

Reference track record score were based on the feedb ack received from references. Flygt, PHi, and Vaughan received positive feedback from its current clients. Constructability scoring was based on how much additional construction costs were needed to install the alternative. All alternatives require some level of modification to the existing lift stations except MicroBlock, which has the highest score.

Anue and PHi have the highest scores for ease of operation because of how si mple it is to operate their systems to mitigate FOG relative to the other alternatives. MicroBlock virtually requires the same amount of daily/weekly maintenance already required in a no action scenario. Only Vapex requires a constant feed of potable water for its system, although it is not a significant amount. PHi may have the only impact on odor control because of the additional air added to the wet wells. The City should consider the potential impacts on downstream proces ses that may be caused by the MicroBlock technology. As previously discussed, no references were provided to be able to confirm MicroBlock’s performance. Capital and O&M costs are a quantifi able comparison based on the 20-year life-cycle analyses conducted for all the alternatives. Flygt, MicroBlock, PHi, and Vaughan have the lowest capital and O&M costs. Vapex and PHi may provide some additional supplementary benefits, such as odor control for Vapex and rag mitigation for PHi. PHi can suspend rags in the wet well, which would allow for clumps of rag to be minimized and allow the lift station to pump out a lower rate of rags during operation.
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Table ES-7. Buena Creek Pump Station Cost Benefit Analysis Results # Technology Type
Criteria Scoring
Reference Track
Record
Constructability
Ease of
Operation
Maintenance
Frequency
Potable Water
Use
Impact on Odor
Control
Impact on
Downstream
Treatment
Impact on
Existing
Equipment
Capital Cost
O&M Cost
Supplementary
Benefits
Overall
Score
Weighting factor 7 10 5 10 6 10 10 7 10 7 3 —
1 Anue EP Surface agitator 2 1 5 5 5 5 5 2 1 1 3 53.8
2 Flygt Mechanical
mixer
2 2 2 2 5 5 5 3 3 3 3 55
3 MicroBlock Biological
additive
0 5 2 1 5 5 3 3 5 1 3 53.4
4 PHi Bubble mixer 3 2 5 4 5 4 5 5 3 3 3 64.2
5 Vapex Chemical
additive
4 2 4 3 2 5 1 2 1 1 4 42.6
6 Vaughan Chopper pump 3 2 3 3 5 5 5 4 3 1 3 58
7 No action Manual 0 5 0 1 0 3 5 2 5 1 2 43.4
Notes:

EP= EnviroPrep®; O&M=operation and maintenance
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Table ES-8. Raceway Basin Pump Station Cost Benefit Analysis Results # Technology Type
Criteria Scoring
Reference Track
Record
Constructability
Ease of
Operation
Maintenance
Frequency
Potable Water
Use
Impact on Odor
Control
Impact on
Downstream
Treatment
Impact on
Existing
Equipment
Capital Cost
O&M Cost
Supplementary
Benefits
Overall
Score
Weighting factor 7 10 5 10 6 10 10 7 10 7 3 —
1 Anue EP Surface agitator 2 1 5 5 5 5 5 2 1 1 3 53.8
2 Flygt Mechanical
mixer
2 2 2 1 5 5 5 3 4 3 3 55
3 MicroBlock Biological
additive
0 5 2 1 5 5 3 3 5 1 3 53.4
4 PHi Bubble mixer 3 2 5 4 5 4 5 5 3 3 3 64.2
5 Vapex Chemical
additive
4 1 4 3 2 5 1 1 1 1 4 39.2
6 Vaughan Chopper pump 3 2 3 3 5 5 5 3 4 1 3 58.6
7 No action Manual 0 5 0 1 0 3 5 2 5 1 2 43.4
Notes:

EP=EnviroPrep®; O&M=operation and maintenance
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For the types of FOG mitigation equipment considered in the lift stations, the Flygt, PHi, and Vaughan systems had the lowest life-cycle cost and high est CBA scores compared to the other three alternatives. MicroBlock is an unknown technol ogy and had the highest O&M costs. The Anue and Vapex systems had the highest capital cost and the highest energy costs. Flygt, PHi, and Vaughan all have a break-even point of less than 10 years, except for PHi at the RBPS. However, consideration should still be taken for PHi, since it is suitable for BCPS and would minimize additional staff training by having the same equipment throughout.

Based on our analysis, the top three recommended options for FOG mitigation at BCPS are:
x PHi (Models PHi 350-2/3, BFP, and Kaeser SK Compressor); x Flygt (Model SR-4640 Submersible Mixer); and
x Vaughan (Models S4TC-103 and S6UC-113).

Based on our analysis, the top three recommended options for FOG mitigation at RBPS:
x PHi (Model PHi 350-2, BFP, and Kaeser SM Compressor); x Flygt (Model SR-4640 Submersible Mixer); and
x Vaughan (Model S4SC-095).
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1 Introduction
This report provides an alternative analysis of FOG mitigation technologies for the RBPS and BCPS.

Historically, these sewage pump stations have been experiencing consistent and significant levels of FOG buildup in the wet wells and rags clogging pumps at the BCPS. The purpose of this report is to provide FOG and ragging abatement design recommendat ions for construction that would improve the benefits and lower cost for these issues.

1.1 Background
The project is within the City at the RBPS, located at 2685 South Melr ose, Vista, California 92081, and BCPS located at 2080 South Melr ose, Vista, California 92081. The RBPS is owned by the City, and the BCPS is owned by BSD and managed by the City. Both pump stations are operated and maintained by the Encina Wastewater Authority. Each pump station conveys wastewater for treatment at the EWPCF in Carlsbad, and the pump stations are described in Section 2. 05/13/2025 C9 205 of 1078
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2 Existing Pump Stations and Fats, Oils, and
Grease Issue

2.1 Buena Creek Pump Station
The BCPS was built in 2002. The pump station has a design capacity of 8.8 mgd and an average daily flow of 2.1 mgd. Influent wastewater enters the pump station through dual 24-inch pipelines. Before entering the wet well, influent passes through parallel channel grinders. Effluent water leaves the pump station through a 24-inch ductile iron pipeline that connects to an 18-inch PVC force main. This force main ultimately joins BSD’s force main to the EWPCF. Figure 2-1 shows the si te plan of the existing facility.

The wet well is divided into two sections, which can be isolated by a slide gate for maintenance without impeding operations. A programable logic controller m onitors the wet well level using level sensors and controls with dedicated pump variable frequency drives to maintain a level setpoint. Under normal conditions, one sewage pump handles daily diurnal flow. Two pumps are only used during high influent flow events (rain) or if the lead pump is impacted by rags.

The pump station currently directs all flow to t he EWPCF through the Buena force main; however, it can convey flow to the Shadowridge Water Reclama tion Facility through the Encina force main.

Although the Shadowridge Water Reclamation Facility was shut down in 2003, flows can be sent there for emergency storage or during maintenance.

A valve at Pump Number 1 allows flow to be manually diverted to either the EWPCF or to Shadowridge Water Reclamation Facility. Pump Numbers 2 and 3 then send flow to either facility using motorized discharge valve actuators. Pump Numbers 4 and 5 pump flow to the EWPCF. Pump Number 5 is used mainly for FOG removal activities. Pumps Number 1 through 4 are rotated frequently into and out of the lead pump position. The abandoned Shadowridge Water Reclamation Facility pump vault provides emergency storage. The vault is made of unlin ed concrete and has a ca pacity of 95,000 gallons.

Additional overflow storage is provided by topography that directs flow away from the adjacent creek and into a natural depression.

An emergency standby generator supplies power to the pump station during a commercial power failure. A biofilter that removes hydrogen sulfide from the wet well exhaust provides vapor phase odor control. A surge protection system protects the Encina force main against water hammer (Carollo 2016).
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Figure 2-1. Buena Creek Pump Station Site Plan

2.2 Raceway Basin Pump Station
The City of Vista owns the RBPS. In 2007, the facility was replaced with the current facility, which has a design flow of 1.9 mgd. The current average daily wastewater influent flow is approximately 0.5 mgd.

Influent flow enters the pump station through a 12-inch PVC gravity main. Upon arrival, the flow either passes through a primary channel grinder or is diverted to a redundant grinder. Wastewater must spill over a short weir wall to flow to the redundant grinder. Grinders do not operate as lead/ lag but rather as primary and backup (duty/ standby). The grinders help to remo ve debris from the wastewater to prevent it from entering the wet well and damaging downstream equipment.

Effluent leaves the pump station through an 8-inch PVC force main, which connects to the BSD’s force main to the EWPCF. Figure 2-2 shows the site plan of the existing pump station.

One of three submersible pumps handle influent flow at the RBPS. Each pump operates in a lead, lag, or standby configuration to adjust to variations in flow. A progra mable logic controller controls dedicated variable frequency drives to operate the pump s to maintain a wet well level setpoint of 60 inches.

The operating volume of the wet well is appro ximately 5,400 gallons. An overflow storage pond provides 156,000 gallons of emergency storage on site. During p ower failure, the pump station has one standby generator to ensure continuity (Carollo 2 016). A carbon scrubber provides vapor phase odor control to minimize impact to neighboring businesses, even though sulfide levels at the inlet are typically present, they are typically below the permitted influent concentration level of 9 ppmv.

N
Vehicle
Entrance
Gate
Pump Station Building Access Road
Surge Tank
Wet Well
Odor
Control
Unit
Emergency
Generator
Emergency
Overflow
Storage
Vault
Grinder
Channel
Main Person
Entry Gate
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Figure 2-2. Raceway Basin Pump Station Site Plan

2.3 The Fats, Oils, and Grease Problem
Operation and routine maintenance for BCPS an d RBPS are conducted by the Encina Wastewater Authority under agreement with City of Vista. RBPS and BCPS are considered critical infrastructure to the City’s sanitary sewer system.

Both pump stations are experiencing severe FOG accumulation. The O&M staff are spending up to 8 hours per week breaking down the FOG buildup in the wet wells. Staff use water hoses to break down the FOG mat in the wet well to their best of abilities, as shown on Figure 2-3 and Figure 2-4 for BCPS and RBPS, respectively. In addition, O&M st aff reported a surge in ragging at BCPS during COVID-19.

Emergency
Overflow
Storage
Pond
N Access
Road
Meter
Fault
Pump
Discharge
Piping and
Valves
Pump
Station
Building
Wet Well
Entrance
Gate
Carlsbad
Sewer
Manhole
Influent
Diversion
Manhole
Grinder
Vault
Emergency
Generator
Odor
Control
Unit
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Figure 2-3 Break Fats, Oils, and Grease Mat at Buena Creek Pump Station with Water Hose

Figure 2-4 Breaking Fats, Oils, and Grease Mat at Raceway Basin Pump Station with Water

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An additional 8 hours are spent every week manually removing rag balls from the influent pump volutes at BCPS. FOG builds up along with ragging, can impact the pumps, pipes and instrumentation and potentially cause an overflow or even sewage spill if not mitigated.

The O&M staff have done a tremendous job to prev ent a sanitary sewer overflow at either pump station. Both pump stations are located near creeks , and a sanitary sewer overflow to either creek would have significant environmental and public health impact.

A site visit to the pump stations was conducted on March 11, 2021, to observe the FOG conditions, witness operator’s effort to breakdown the FO G mats, and discuss the current means of FOG mitigation with operators. Field notes from that visit are included in Appendix A. 05/13/2025 C9 211 of 1078
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3 Fats, Oils, and Grease Technologies
Evaluation

3.1 Fats, Oils, and Grease Mitigation Technologies
FOG is always present in wastewat er. The issues start when the FOG builds up in the sewer lines, manholes, and pump station wet wells. The FOG buildup within a pump stati on wet well can impact the wet well working volume, malf unctioning of pumps, cause odor problems, increase maintenance costs, and escalate the potential of sanitary sewer overflow. There ar e a variety of opt ions available for FOG abatement at pump stations, from structur al modifications to the wet well to controlling and removal using wet well operating levels, mechanical equipment, chemical, and/or biological additives.

For both the RBPS and BCPS, invasive structural m odifications may not be a viable option as it may be more cost intensive and may not provide the anticipated benefits in reducing O&M time.

Several technologies are available and have been succ essfully used at other wastewater collection and treatment facilities to alleviate the FOG problem. HDR considered the six technologies presented in Table 3-1 to be used at both RBPS and BCPS . Product sheets for these FOG mitigation technologies are included in Appendix B.

Table 3-1. Fats, Oils, and Grease Mitigation Technologies Considered Technology Description
Anue EP A mechanical spray system that breaks up FOG by surface agitation Flygt Submersible mechanical mixer that breaks up FOG by surface agitation from the bottom of the well
MicroBlock Biological additive used to break up FOG with active bacteria PHi Large bubble mixing system used to agitate wet well contents Vapex Chemical additive used to break up FOG with oxidant radicals Vaughan Submersible high-velocity recirculating chopper pump to break down materials and FOG
Notes:

EP=EnviroPrep®; FOG=fats, oils, and grease; PHi=Pulsed Hydraulics, Inc.

3.2 Evaluation Criteria
To evaluate these technologies on an equal basis, HDR developed a set of 11 criteria relevant to the FOG abatement under consider ation. The evaluation criteria, al ong with their scoring values, were discussed in a CBA Evaluation Criteria Technica l Memorandum, which was submitted and accepted by the City of Vista. The Cost Benefit Technical Memorandum is included in Appendix C. A list of the evaluation criteria is also included in Table 3-2. Each criterion is sc ored on a scale of 0 to 5, with 5 being the best score. The evaluatio n scores are tabulated in a spreadsheet. A weighting factor was then applied to each score, which is also listed in Table 3-2. The weighting factors range from 1 to 10 and are applied to criterion based on the impact and the importance of the criterion on the evaluation. 05/13/2025 C9 213 of 1078
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The criterion weight is multiplied by the corresponding criterion score to arrive at the final score for each criterion. The scores are t hen added together to arrive at the to tal score for each technology.

The technologies are then ranked from highest to lowest based on the scores.

Table 3-2. Weighting Factors
Number Criterion Weight
1 Performance track record 7
2 Constructability 10
3 Ease of operation 5
4 Maintenance frequency 10
5 Potable water use 6
6 Impact on odor control 10
7 Impact on downstream treatment 10
8 Impact on existing equipment 7
9 Capital cost 10
10 O&M cost 7
Notes:

O&M=operation and maintenance

3.3 Manufacturer Information
The six types of technology alternatives descr ibed in Section 3.1 wer e evaluated based on the 11 criteria described in Section 3.2 and informat ion collected from the manufacturer for each technology. Manufacturers were chosen based on HDR’s experience, familiarity, and initial assessment that they are effici ent and viable options. Each manuf acturer generally represents the type of technology capable of FO G mitigation, with nuances between each type of manufacturer not considered in this report.

Data was collected from each manufacturer in order to develop the scores for the 11 criteria. The data request from each manufacturer consisted of the following eight items:
x Scope of supply and work spec ific to RBPS and BCPS
x Budgetary equipment cost
x Equipment brochures or fact sheets that present general operations x Limitations and functionality
x Maintenance requirement
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x Solicitations for introduction presentations to their equipment These data requests were customized for the needs, features, and size limitations at RBPS and BCPS based on information provided, such as-built information, equipment materials, etc.

The scope of work and budgetary estimates were used to develop construction costs for each alternative. O&M information provided by manufacturers was used to develop for long-term costs in a 20-year life-cycle cost analysis; details are discus sed in Section 5.1.2. References provided by the manufacturers were contacted via phone calls and/or followed up with email correspondences so that they could participate in an i ndependent survey questionnaire developed by HDR regarding their experience with their equipment. Survey result s are included in Appendix D. However, not all references responded to our survey participation request.

Brown bag presentations were requested from the un conventional and unique technologies, such as Anue, PHi, and Vapex, and were deliv ered virtually to introduce City staff to these technologies and ask relevant questions.
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4 Fats, Oils, and Grease Mitigation
Alternatives
Product data sheets for all alternatives are included in Appendix A. The details of these technologies will be discussed in the following sections.

For comparison purpose, a no-cost option was also evaluated. The no-cost option was based on the current practice of manually breaking the FOG mats at the pump stations with water hose on a weekly basis. This no-cost option is also used as a baseline comparison for determining when the break-even cost of the investment of a new technology would be reached.

4.1 Anue EnviroPrep®

4.1.1 Description
Anue’s EP Well-Washers Systems condition wastewater to provide ongoing lift station maintenance.

The EP System recycles discharged wastewater th rough the system and agitates the surface when returning it back to the well, automating lift stat ion FOG maintenance. Figure 4-1 illustrates the EP installation options for a wet well in which either the discharge ma in can be tapped to recirculate wastewater through the rotating hea d assembly or use a dedicate pump to recirculate wastewater.

This process eliminates the need for vacuum truc ks or manual clean out as it breaks up FOG (Anue Water Technologies 2017). An example installation for a wet well is included on Figure 4-2. The installation shown in Figure 4-2 is for demonstration installation and does not represent a final system installation. A more robust support system and rotating head quick-connect would be included in the design of this system.

Maintenance service for this system does not require pump station shutdown, however it does require the system’s pumps to be shutdown. Isolation valves can be added to the pumping system. Confined space entry is not required to service the pumps as they are installed with guide rails. However, it may be required for the rotating heads if maintenance st aff cannot disconnect the rotating heads and pull above the wet well.
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Figure 4-1. EnviroPrep® Installation Options
Figure 4-2. Anue Installation Example in Wet Well
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A typical installation system is presented on Figure 4-3, which includes a composite rotating head with wall mount brackets, pump control panels, and a dedicated submersible grinder pump.

Figure 4-3. Typical EnviroPrep® kits

4.1.2 Anue References Check
HDR made several attempts of contacting the two references provided by the manufacturer, but HDR was unable to verify the performance or receive input on issues for this type of system. However, one reference for another system installation indicated that their experience with Anue systems, before changing to their new FOG mitigation system, was negative as the performance was unreliable and did not achieve satisfactory FOG mitigation for t heir multiple lift station installations. Survey questionnaires are listed in Appendix A.

4.1.3 Proposed Anue System – Buena Creek Pump Station
The proposed system for BCPS is comprised of five 1.5-inch composite rotating head assemblies with wall mount brackets, feed masts, and three high-p ressure discharge hoses for the well cleaning system. Feeding the rotating heads are three submersible grinder pumps in the wet well, two are sized at 7.5 horsepower, and one at 5.0 horsepower. Two pump panels are required for pump control. The system data sheet is listed in Appendix B.

4.1.4 Proposed Anue System – Raceway Basin Pump Station The proposed system for the RBPS is comprised of two 1.5-inch composite rotating head assemblies with wall mount brackets, feed masts, and one high- pressure discharge hose for the well cleaning system. Feeding the rotating heads is one submersi ble grinder pump in the wet well, sized at

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4.2 Flygt Submersible Mixer

4.2.1 Description
Flygt mechanical submersible mixers are typically used to create turbulence in clarifiers at wastewater treatment plants and in the high-sediment wastewater chain of industrial facilities. However, Flygt has a mixer (Model 4630) to prevent FOG buildup in the wet well of a lift station, see Figure 4-4 for a cross section of this model and its design components.

The Model 4630 delivers a powerful 103 pound-force of thrust. Flygt designed the unit with a cutter behind the 6-degree propeller that prevents stringy fi brous material from building up. A basic timer is set for the mixer to run for several minutes at half-hour intervals. The mixer is placed at the bottom of the wet well on an adjustable platfo rm to account for sloped surf aces and pointed upwards for lift station FOG mitigation, as illustrated on Figure 4-5 (Xlyem 2021).

Figure 4-4. Flygt Mixer Model 4630 Cross Section
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Figure 4-5. Flygt Mixer Installation in Lift Station Wet Well

4.2.2 Flygt References Check
After contacting five of the refer ences provided by the manufacturer, HDR verified the issues arising from these mixers were generally c onsistent with what Flygt reported. Installation references stated that motor overhauls were required every 5 years. For those instances, the mixer is generally sent to the manufacturer’s factory for motor overhaul. To be conservative, a motor overhaul estimate was included at Years 5, 10, 15, and 20 in the 20-year life-cycle cost. A rental mixer may be required or accounted for with a redundant standby mixer. Many references indicated that they have not had issues with the mixers once they are up and r unning and performance is satisfactory. Survey questionnaire results are included in Appendix A.

4.2.3 Proposed Flygt System – Buena Creek Pump Station
The proposed system for BCPS is comprised of three Flygt Model SR-4640 submersible mixers, stainless steel, with a 4-horsepower motor, stands, start-up, chain, and motor relays. An adjustable sloped platform would be used to provide a leveled installation. The system data sheet is listed in Appendix B. Mixers would operate while lift station pu mps are off to avoid air entrainment into the pumps
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4.2.4 Proposed Flygt System – Raceway Basin Pump Station The proposed system for the RBPS is comprised o f one Flygt Model SR-4640 submersible mixer, stainless steel, with a 4-horsepower motor, stands, start-up, chain, and motor relays. An adjustable sloped platform would be used to provide a leveled installation. The system data sheet is listed in Appendix B. Mixers would operate while lift station pumps are off duty to avoid air entrainment into the sewage pumps.

4.3 MicroBlock Biological Additive

4.3.1 Description
MicroBlock™ is a solid, bacterial laden, slow releas e bioblock for use in degrading FOG in lift stations, organic waste grease traps and at various areas upstream from the waste treatment system. The bioblock is hung inside the wet wells and is allowed to gradually dissolve over a 30- to 90-day period, which theoretically allows for continuous treatment and degradation of waste by degrading the grease and organics at the source. Figure 2-1 shows MicroB lock’s technology in 2-pound and 10-pound blocks. The bacteria may also build up a minor slime coating in the pipes downstream that helps keep grease from building up in the pipes. The biofil m will eventually dissipate once the use of the MicroBlock is discontinued.

Because of the diversity of the mi croorganism systems incorporated into this product it is specifically developed for use in municipalities, industries, an d food processing plants for which there requires a particular high impact on FOG (Environmental Leverage, Inc. 2003).

Figure 4-6. MicroBlock Blocks

4.3.2 MicroBlock References Check
The manufacturer elected to maintain its references as confidential and did not provide any references for consideration. HDR was unable to verify the performance or identi fy any issues associated with this technology.
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4.3.3 Proposed MicroBlock System – Buena Creek Pump Station The proposed system for BCPS consists of 10-pound MicroBlock blocks that are required for each wet well and need to be replenished monthly.

4.3.4 Proposed MicroBlock System – Raceway Basin Pump Station The proposed system for the RBPS consists of a 2-pound MicroBlock block that requires replenishing monthly.

4.4 Pulsed Hydraulics, Inc.

4.4.1 Description
PHi has a mixing device that operates on compressed ai r. The PHi mixing system consists of three basic component groups: air compressor to supply air, a sequencing computer (control panel), and hydro-pulse BFP.

Compressed air is supplied through a compressor creating the source of the hydro-pulse bubble which mixes the contents of the tank. The sequencing computer manages the parameters and schedule of the release of the bubble, controlling the bubble-pulse intensity, duration, interval between pulses, and pulsing sequence between different form ing plates or groups of formin g plates in a tank. The details and panel interior is shown on Figure 4-7. Forming plates are constructed from various materials to fit the specific application and are designed to form a hydro-pulse, a massive air bubble, which creates the mixing hydraulics starting from the bottom to t he top of the tank. When the bubble from the plate begins its ascent, it presses liquids and solid s above it upward and draws liquid and sediment along from beneath. As it continues to rise, liquid and solids in its path are put into motion upward. When the bubble breaks on the surface, the liquid and solids move tangentially to the surface, producing a surface mixing motion that moves to the tank wall and then down the sides to the bottom, completing the mixing cycle.

New compressors in the state of California require pressure vessel permit to operate (Department of Industrial Relations). Per CCR 461 (h), air tank with pressure less than 150 psi and volume less than 25 cu. ft (187 gal) only requires initial inspection at time of installation and will be issued an infinite operating permit. The proposed compre ssed air vessel at BCPS is 92.5 gallons and at RBPS is 71 gallons and both operate at 125 psi. Permitting would be further addressed in the design phase. 05/13/2025 C9 223 of 1078
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Figure 4-7. Pulsed Hydraulics, Inc. Mixer Panel

4.4.2 Pulsed Hydraulics, Inc. References Check
HDR contacted the four references provided by the manufacturer and found no issues associated with this mixing system. Many references indicated that performance is satisfactory. Survey results are included in Appendix D.

4.4.3 Proposed Pulsed Hydraulics, Inc. System – Buena Creek Pump Station
The proposed system for BCPS is comprised of five BFP, three on the larger wet well side and two on the other wet well side as shown on
Figure 4-8 and Figure 4-9. The BFP consists of two disks separated approximately 3/8 inch apart by internal spacers. The BFPs are 8-inch diameter, 316 stainless steel disks. Ai r is injected through a 1-inch national pipe thread threaded nipple in the top disk to the space between the disks, where it is forced laterally to form the mixing air mass. Three 3/8-inch diameter, equally spaced predrilled holes are used for anchoring the BFP to the tank bottom.

Additionally, two PHi mixing valve enclosures will be supplied along with injection valves, which are solenoid controlled and pilot air assisted. Refer to the manufacturer product sheets in Appendix B for complete system details.

A station bypass would need to be c onsidered for mounting the BFP on the west wet well. Further construction sequencing would be addressed in the des ign phase and in coordination with Vista and EWA.
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Figure 4-8. Buena Creek Pump Station Wet Well Application Layout for Section 1 of 2 Figure 4-9. Buena Creek Pump Station Wet Well Application Layout for Section 2 of 2

4.4.4 Proposed Pulsed Hydraulics, Inc. System – Raceway Basin Pump Station
The proposed system for the RBPS is comprise d of two BFPs, as shown on Figure 4-10. A BFP consists of two disks separated approximately 3/8 inch apart by internal spacers. The BFPs are 8-inch diameter, 316 stainless steel disks. Air is injected through a 1-inch national pipe thread threaded nipple in the top disk to the space between the disks, where it is forced laterally to form the mixing air mass.

Three 3/8-inch diameter, equally spaced predrilled holes are used for anchoring the BFP to the tank bottom.

Additionally, one PHi mixing valve enclosures will be supplied along with injection valves, which are solenoid controlled and pilot air assisted. Refer to the manufacturer produ ct sheets Appendix B for complete details.

To Bubble Pulse Controller
To Bubble Pulse Controller
1-inch stainless
steel air pipe
Bubble forming
plate (TYP)
1” Stainless steel
air pipe (TYP)
Bubble forming
plate (TYP)
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A station bypass would need to be considered for mounting the BFP. Further construction sequencing would be addressed in the design phase and in coordination with Vista and EWA.

Figure 4-10. Raceway Basin Pump Station Wet Well Application Layout

4.5 Vapex Oxidation System

4.5.1 Description
The Vapex™ system (illustrated on Fi gure 4-11) with its patented air atomizing three-fluid nozzles enhances the advanced oxidation proces s by creating hydroxyl radicals , an oxidant typically used in odor treatment.

The nozzle combines ozone, water, and air to create a hydroxyl radical mist that is efficiently dispersed throughout enclosed, or partially enclosed, spaces, such as lift stations, wet wells, holding tanks, diversion boxes, and headworks channels. Figure 4-12 presents the patented nozzle.

Vapex™ technology remediates FOG by breaking the double carbon bond s that form the fatty acid chain. By breaking the carbon bonds, FOG does not reform downstream. Odors from volatile fatty acids are decreased significantly. Continuous treatm ent reduces FOG from collecting on the surface of the process water and walls, r educing or eliminating the need to remove and dispose of surface FOG.

The oxidative process elimi nates biofilm on surfaces that lead to costly infrastructure corrosion.

Surface pH in wet wells can be as low as 1; h owever, the powerful oxidant fog covers the entire surface, killing the bacteria that metabolize hydrogen sulfide to sulfuric acid, raising the pH above 6 and preserving the infrastructure (Vapex Environmental 2021).

To Bubble Pulse Controller
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Figure 4-11. Vapex Schematic
Figure 4-12. Vapex Spray Nozzle
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4.5.2 Vapex References Check
After contacting five of the refere nces provided by the manufacturer, HDR verified the issues arising from this system was generally consistent with what Vapex reported. Several installations stated that the nozzles constantly plugged and required maintenance between 2–4 hours weekly. Additionally, a contact reference indicated that the rotameters ar e sensitive to clogging as well. Furthermore, one reference stated that a unit’s touch pad was unresponsive, and replacements were needed at start-up, or soon after, but still within the warranty period; Vapex upheld its warranty. Survey results are included in Appendix A.

4.5.3 Proposed Vapex System – Buena Creek Pump Station
The proposed Vapex system for BCPS consists of one Nano cabinet unit, two HV-500 nozzles, oxidant tubing, water tubing, cable sheath, controls and communications, and monitoring support. Data sheets listed in Appendix B.

4.5.4 Proposed System – Raceway Basin Pump Station
The proposed Vapex system for the RBPS consists of the same scope as Buena Creek. The proposed Vapex system consists of one Nano cabinet unit, two HV 500 nozzl es, oxidant tubing, water tubing, cable sheath, controls and communications, and monitoring support.

4.6 Vaughan Conditioning Chopper Pumps

4.6.1 Description
The Vaughan Conditioning Pump™ is a Vaughan Subm ersible Chopper Pump mounted on a portable stand and fitted with high-velocity mixing nozzle, a mo del of this pump is shown on Figure 4-13. The conditioning pump recirculates t he contents of the wet well, c hopping and mixing to produce a homogeneous mixture that is more easily pumped ou t. Floating mats are removed, and solids that have accumulated on the floor are resuspended. As the pump is mounted on a portable stand it can easily be used in multiple applications at a single jobsite, facility, or municipality (Vaughan 2021). 05/13/2025 C9 228 of 1078
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Figure 4-13. Vaughan Conditioning Pump model

4.6.2 Vaughan References Check
HDR contacted five of the references provided by the manufacturers and found no major issues associated with these conditioning pumps. References indicated that performance is satisfactory.

Survey results are included in Appendix A.

4.6.3 Proposed Vaughan System – Buena Creek Pump Station The proposed system for BCPS consists of two conditioning pumps rated at 10 horsepower and 20 horsepower (one for each side of the wet wells ), models S4TC-103 and S6UC-113, respectively.

Each pump would recirculate at a rate of 800 gallons per minute and 1225 gallons per minute, respectively for the 10 horsepower and 20 horsepower pumps. Data sheets included in Appendix B.

4.6.4 Proposed Vaughan System – Raceway Basin Pump Station The proposed system for the RBPS consists of one conditioning pump rated at 7.5 horsepower, model S4SC-095. The pump would recirculate at a rate of 550 gallons per minute and discharge with a 4-inch nozzle.

4.7 Equipment Summary
The six FOG mitigation alternatives were evaluated, each assumed capable of meeting the needs of the BCPS and RBPS. Table 4-1 and Table 4-2 are summary comparison tables of the proposed equipment and capital costs for the FOG technologies at BCPS and RBPS, respectively. 05/13/2025 C9 229 of 1078
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Table 4-1. Buena Creek Technologies Summary
Manufacturer Anue Flygt MicroBlock PHi Vapex Vaughan
Type Surface mechanical
mixer
Submersible
mechanical mixer
Biological
additive
Large bubble mixing Chemical
additive
Submersible
high-velocity
recirculating
Proposed system 5 Rotating head
3 Grinder pumps
2 (7.5 horsepower)
1 (5.0 horsepower)
2 Control panels
3 (4-horsepower
mixers)
10 pounds
monthly
5 BFP
1 (15 horsepower)
Compressor
1 Nano system
2 Nozzles
1 (20 horsepower)
Conditioning chopper
pump
1 (10 horsepower)
Conditioning chopper
pump
Equipment cost $ 78,000 $ 50,000 $ 2,000 $ 70,000 $ 92,000 $ 40,000 Notes:

BFP=bubble forming plates; PHi=Pulsed Hydraulics, Inc.
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Table 4-2. Raceway Technologies Summary
Manufacturer Anue Flygt MicroBlock PHi Vapex Vaughan
Type Surface mechanical
mixer
Submersible
mechanical mixer
Biological
additive
Large bubble mixing Chemical
additive
Submersible
high-velocity
recirculating
Proposed system 2 Rotating head
1 Grinder pump
(7.5-horsepower)
1 Control panel
1 (4-horsepower
mixer)
2-lb monthly 2 BFP
1 (7.5-horsepower)
Compressor
1 Nano system
2 Nozzles
1 (7.5-horsepower)
Conditioning chopper
pump
Equipment cost $ 35,000 $ 18,000 $ 500 $ 41,000 $ 92,000 $ 16,000 Notes:

BFP=bubble forming plates; PHi=Pulsed Hydraulics, Inc.

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4.8 Maintenance
The maintenance requirements for all alternatives varies based on type and application per pump station. Table 4-3 and Table 4-4 present the ma intenance requirements for each FOG mitigation alternative based on manuf acturer-provided information and co ntact references. As previously discussed, several equipment replacements were included periodically.

A no action alternative was included as a baseline comparison for new technologies for the benefit cost analysis. The no action alternative requir es implementing no new te chnology and continuing maintenance schedules and practices discussed in Section 2.3.

Table 4-3. Maintenance Schedule Buena Creek
Manufacturer Anue Flygt MicroBlock PHi Vapex Vaughan
No
Action
Type Surface
mechanical
mixer
Submersible
mechanical
mixer
Biological
additive
Large
bubble
mixing
Chemical
additive
Submersible
high-velocity
recirculating
—
Maintenance Description Financial or Labor Cost/Frequency Replace
pumps
$10,000 /
Every 10
years
— — — — $40,000 /
Every 10
years
—
De-rag pumps 4 hours /
Quarterly
— — — — 4 hours /
Quarterly
—
Motor
overhaul
— $12,000 /
Every 5
years
— — — — —
General
maintenance
review
— 1 hour /
Monthly
— — — — —
Block
replacement
— — $2,200 /
Monthly
— — — —
General
maintenance
review
— — 1 hour /
Every 2
days
— — — —
Changing
filters and oils
— — — 2 hours
/ Every
3,000
hours
— — —
Filters and oil
replacement
— — — $1,000
/ Every
3,000
hours
— — —
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Table 4-3. Maintenance Schedule Buena Creek
Manufacturer Anue Flygt MicroBlock PHi Vapex Vaughan
No
Action
Full system
replacement
— — — — $92,000 /
Every 10
years
— —
Manufacturer
Maintenance
— — — — $2,500 /
Annually
— —
Water cost for
breaking up
FOG layer
— — — — — — $1,440 /
Annually
FOG breakup
with water
hose
— — — — — — 2 hours /
Every 2
days
Notes
FOG=fats, oils, and grease; PHi=Pulsed Hydraulics, Inc.

Table 4-4. Maintenance Schedule Raceway
Manufacturer Anue Flygt MicroBlock PHi Vapex Vaughan
No
Action
Type Surface
mechanical
mixer
Submersible
mechanical
mixer
Biological
additive
Large
bubble
mixing
Chemical
additive
Submersible
high-velocity
recirculating
—
Maintenance Description Financial or Labor Cost / Frequency Replace
pumps
$5,000 /
Every 10
years
— — — — $16,000 /
Every 10
years
—
De-rag pumps 4 hours /
Quarterly
— — — — 4 hours /
Quarterly
—
Motor
overhaul
— $4,000 /
Every 5
years
— — — — —
General
maintenance
review
— 1 hour /
Monthly
— — — — —
Block
replacement
— — $2,200 /
Monthly
— — — —
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Table 4-4. Maintenance Schedule Raceway
Manufacturer Anue Flygt MicroBlock PHi Vapex Vaughan
No
Action
General
maintenance
review
— — 1 hour /
Every 2
days
— — — —
Changing
filters and oils
— — — 2 hours
/ Every
3,000
hours
— — —
Filters and oil
replacement
— — — $1,000
/ Every
3,000
hours
— — —
Full system
replacement
— — — — $92,000 /
Every 10
years
— —
Manufacturer
Maintenance
— — — — $2,500 /
Annually
— —
Water cost for
breaking up
FOG layer
— — — — — — $1,575 /
Annually
FOG breakup
with water
hose
— — — — — — 2 hours /
Every 2
days
Notes:

FOG=fats, oils, and grease; PHi=Pulsed Hydraulics, Inc. 05/13/2025 C9 235 of 1078
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5 Cost Benefit Analysis
The FOG mitigation technology alternatives were scored based on the evaluation criteria described in Section 3 for a CBA. The no action alternative was considered in this CBA as a baseline comparison for the proposed technologies.

5.1 Present Worth Analysis
A 20-year present worth analysis was conducted for each alternative in order to compare technology costs holistically. This was completed by assessing the total cost of the technology over a 20-year life cycle, which include initial capital costs, maintenance costs, and operating cost.

The no action alternative, briefly mentioned in Section 4.8, was added to the present worth analysis in order to compare new technologies to a baseline in which the City continues its current maintenance schedule and practices. The no action alternativ e was developed based on labor hours and water costs described in Section 4.8. A technology is considered to break even when its life-cycle cost falls below the baseline no action alternative cost.

5.1.1 Capital Cost
An Association for the Advancement of Cost Engineering Level 5 Capital cost was developed for each alternative. Details of the construction costs are included in Appendix E. The construction costs included markups as a percentage of direct costs and is presented in Table 5-1.

Table 5-1. Cost Estimate Markups
Markup Description
New Construction
Markups
(percent)
Modification
Markups
(percent)
Vendor
Package
Markup
(percent)
Miscellaneous and unidentified site structures 25.0 25.0 0.0 Site work 10.0 10.0 10.0
Demolition 1.0 1.0 1.0
I&C (Supervisory Control and Data Acquisition) 8.0 0.0 8.0 Site electrical 15.0 15.0 15.0
Large piping and specialty piping 5.0 0.0 0.0
Soil conditions (geotechnical requirements) 7.0 0.0 0.0 Field general conditions 7.0 0.0 7.0
Mobilization and demobilization 5.0 5.0 5.0
Miscellaneous elements not itemized 20.0 20.0 20.0
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Table 5-1. Cost Estimate Markups
Markup Description
New Construction
Markups
(percent)
Modification
Markups
(percent)
Vendor
Package
Markup
(percent)
Sales tax 8.3 8.25 8.3
General contractor overhead and profit 8.0 8.0 8.0
Bonds and insurance 1.5 1.5 1.5
Projection to mid-point of construction 3.5 3.5 3.5
Market adjustment factor 5.0 5.0 5.0
Location adjustment factor 0.0 0.0 0.0
Construction contingency 30.0 30.0 30.0
Engineering design services 10.0 10.0 10.0
Engineering services during construction 4.0 4.0 4.0
Construction administration 4.0 4.0 4.0
Construction inspection 7.0 7.0 7.0
Legal and fiscal 2.0 2.0 2.0
Owner administration 12.0 12.0 12.0

5.1.2 Operation and Maintenance
The O&M cost includes water usage cost, energy cost, spare parts, labor hours, vendor support, and equipment or motor overhauls during a 20-year cycl e. Section 4.8 lists ma intenance items and their frequency identified during equipment review, and reference interviews.

Energy costs were based on assumed energy cost rates discussed in Section 5.1.3 and assumed operating hours in a day for each alternative. Assumed operating hours were provided as a range from each manufacturer and conservative usage was assumed for costs.

5.1.3 Cost Methodology
The net present value of the 20-year life-cycle cost for the FOG mitigation alternatives considered both capital and O&M costs in 2021 dollars. O&M costs included the maintenance costs and frequency identified in Table 4-3 and Table 4-4.

The energy cost was incorporated into the life-cycl e costs at power rates of $0.285 per kilowatt-hour and $0.353 per kilowatt-hour for BCPS and RBPS, respectively. The energy cost rates were provided by the City.
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5.1.3.1 Buena Creek Pump Station Life-Cycle Cost Results The results of the life-cycle cost analysis and other costs associated with the FOG mitigation alternatives for BCPS are shown in Table 5-2.

Table 5-2. Buena Creek Pump Station Life-Cycle Cost Summary Parameter
Technology
Anue Flygt MicroBlock PHi Vapex Vaughan
Capital cost $78,000 $50,000 $2,000 $70,000 $92,000 $40,000 Construction cost $318,000 $203,000 $6,000 $286,000 $395,000 $172,000 Average annual O&M cost $6,000 $2,000 $20,000 $3,000 $9,000 $5,000 Average annual energy
cost
$17,000 $10,000 — $4,000 $9,000 $17,000
Present worth value $771,000 $453,000 $408,000 $427,000 $758,000 $605,000 Breakeven +20 years 7 years < 1 year 8.5 years +20 years 9.5 years Notes:

O&M=operation and maintenance; PHi=Pulsed Hydraulics, Inc.

A comparison plot for the net present value verse s operation years is shown on Figure 5-1 for BCPS for all alternatives. The no action al ternative curve is shown as red das hed line on Figure 5-1. This alternative considers the City implementing no new technology to mitigate FOG build up over a 20-year span. Alternatives crossing that cu rve represents a break-ev en point with the no action alternative.

Anue and Vapex do not break even within 20-years of the technology being installed and implemented.

The MicroBlock alternative has the lowest construc tion cost, but HDR was not able to verify the products performance and check references. Additiona lly, MicroBlock requires operator attention to monitor performance and impacts downstream processes. This option is not recommended.

PHi has the next lowest 20-year present worth cost with the lowest energy cost amongst all the alternatives evaluated. However, it has a slightly longer break-ev en time because of its higher initial capital investment compared to Flygt.

Flygt breaks-even first after MicroBlock in year 7. However, PHi eventually has a lower cost than Flygt because of the lower operating cost associated with PHi. As discussed in Section 4.8, Flygt’s 20-year cost includes a motor overhaul every 5-years and is still able to have a competitive 20-year cost.

Anue has a similar construction cost as PHi but a significantly higher annual energy cost because of the large motors required for their equipment. A nue and Vapex require more than 20-years to break even with the baseline comparison of the no action alternative, as shown in Table 5-2 and Figure 5-1. 05/13/2025 C9 239 of 1078
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Figure 5-1. Buena Creek Pump Station Life-Cycle Cost

5.1.3.2 Raceway Basin Pump St ation Life-Cycle Cost Results The results of the life-cycle cost analysis and other costs associated with the FOG mitigation alternatives for RBPS are shown in Table 5-3.

Table 5-3. Raceway Basin Pump Station Life-Cycle Cost Summary Parameter
Technology
Anue Flygt MicroBlock PHi Vapex Vaughan
Capital cost $35,000 $18,000 $500 $41,000 $92,000 $16,000 Construction
cost
$144,000 $72,000 $3,000 $165,000 $374,000 $65,000
Average annual
O&M cost
$3,000 $1,000 $13,000 $3,000 $9,000 $3,000
Average annual
energy cost
$8,000 $4,000 — $3,000 $11,000 $5,000
Present worth
value
$360,000 $178,000 $267,000 $275,000 $780,000 $239,000
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Table 5-3. Raceway Basin Pump Station Life-Cycle Cost Summary Parameter
Technology
Anue Flygt MicroBlock PHi Vapex Vaughan
Breakeven 17 years 4.5 years < 1 year 11.5 years +20 years 5 years Notes:

O&M=operation and maintenance; PHi=Pulsed Hydraulics, Inc.

A comparison plot for the net present value verse s operation years is shown on Figure 5-2 for RBPS for all alternatives. The no action alternative curve is shown as a red dashed line on Figure 5-2. This alternative considers the City implementing no new technology to mitigate FOG build up over a 20-year span. Alternatives crossing that curve represent a break-even point with the no action alternative.

Vapex does not break even within 20-years of the technology being installed and implemented.

The MicroBlock alternative has the lowest construction cost, but it is a highly uncertain option as HDR was not able to verify its performance and ability to limit issues. Additionally, MicroBlock requires constant labor hours to monitor the performance and block for any issues to downstream processes.

Flygt and Vaughan have the next lowest 20-year life-cycle cost. Vapex requires more than 20-years to break even with the baseline comparison of th e no action alternative, as shown in Table 5-3 and Figure 5-2. Flygt breaks-even first after MicroBlock in year 4.5. Additionally, Flygt also has the lowest present worth cost. Flygt’s 20-year cost includes a motor overhaul every 5-years and is still able to have a competitive 20-year cost. Vapex’s energy costs for RBPS are higher than BCPS because of the higher energy unit cost at the smaller lift station. Return on investments occur at an earlier timeline than BCPS because of the smaller footprint for RBPS. PHi has a longer break-even timeline than its BCPS installation because of its relatively high initial investment for this smaller pump station. 05/13/2025 C9 241 of 1078
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Figure 5-2. Raceway Basin Pump Station Life-Cycle Cost

5.1.4 Cost Benefit Analysis Results
The FOG mitigation technology alternatives were scored based on the evaluation criteria and weighed to arrive at the overall score for each technology presented in Table 5-4 and Table 5-5. The no action alternative was considered in this cost-benefit analysis as a baseline comparison for the proposed technologies. The data was computed in a spreads heet and the technologies are ranked in a descending order in Section 6. Scor ing was performed for each lift station and similar scores were obtained. The Reference Track Record scores were based on the feedback received from references.

Flygt, PHi, and Vaughan received positive feedback fr om its current clients. Constructability scoring was based on the how much additional construction cost s were needed to install the alternative. All alternatives require some level of modification to the existing lift stations except MicroBlock, which has the highest score. Anue and PHi have the highest scores for ease of operation because of how simple it is to operate their systems to mitigate FOG relati ve to the other alternativ es. MicroBlock virtually requires the same amount of daily/weekly maintenance already required in a no action scenario. Only Vapex requires a constant feed of potable water for its system, although it is not a significant amount.

PHi may have the only impact on odor control becaus e of the additional air added to the wet wells.

The City should consider the potential impacts on downstream processes that may be caused by the MicroBlock technology. As previously discussed, no references were provided to be able to confirm MicroBlock’s performance. Capital and O&M costs are a quantifiable comparison based on the 20-year life-cycle analyses conducted for al l the alternatives. Flygt, MicroBlock PHi, and Vaughan have the lowest capital and O&M costs. Vapex and PHi may pr ovide some additional supplementary benefits, such as odor control for Vapex and rag mitigation for PHi. PHi can suspend rags in the wet well, which would allow for clumps of rag to be minimized and allow the lift station to pump out a lower rate of rags during operation.
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Fats, Oils, and Grease Mitigation Recommendation Technical Memorandum Raceway Basin and Buena Creek Pump Stations Improvement Study and Owner’s Advisor Services July 20, 2021 | 39
Table 5-4. Buena Creek Pump Station Cost Benefit Analysis Results # Technology Type
Criteria Scoring
Reference Track
Record
Constructability
Ease of
Operation
Maintenance
Frequency
Potable Water
Use
Impact on Odor
Control
Impact on
Downstream
Treatment
Impact on
Existing
Equipment
Capital Cost
O&M Cost
Supplementary
Benefits
Overall Score
Weighting factor 7 10 5 10 6 10 10 7 10 7 3 —
1 Anue EP Surface agitator 2 1 5 5 5 5 5 2 1 1 3 53.8
2 Flygt Mechanical
mixer
2 2 2 2 5 5 5 3 3 3 3 55
3 MicroBlock Biological
additive
0 5 2 1 5 5 3 3 5 1 3 53.4
4 PHi Bubble mixer 3 2 5 4 5 4 5 5 3 3 3 64.2
5 Vapex Chemical
additive
4 2 4 3 2 5 1 2 1 1 4 42.6
6 Vaughan Chopper pump 3 2 3 3 5 5 5 4 3 1 3 58
7 No action Manual 0 5 0 1 0 3 5 2 5 1 2 43.4
Notes:

EP=EnviroPrep®; O&M=operation and maintenance
05/13/2025 C9 243 of 1078
Fats, Oils, and Grease Mitigation Recommendation Technical Memorandum Raceway Basin and Buena Creek Pump Stations Improvement Study and Owner’s Advisor Services 40 | July 20, 2021
Table 5-5. Raceway Basin Pump Station Cost Benefit Analysis Results # Technology Type
Criteria Scoring
Reference Track
Record
Constructability
Ease of
Operation
Maintenance
Frequency
Potable Water
Use
Impact on Odor
Control
Impact on
Downstream
Treatment
Impact on
Existing
Equipment
Capital Cost
O&M Cost
Supplementary
Benefits
Overall Score
Weighting factor 7 10 5 10 6 10 10 7 10 7 3 —
1 Anue EP Surface agitator 2 1 5 5 5 5 5 2 1 1 3 53.8
2 Flygt Mechanical
mixer
2 2 2 1 5 5 5 3 4 3 3 55
3 MicroBlock Biological
additive
0 5 2 1 5 5 3 3 5 1 3 53.4
4 PHi Bubble mixer 3 2 5 4 5 4 5 5 3 3 3 64.2
5 Vapex Chemical
additive
4 1 4 3 2 5 1 1 1 1 4 39.2
6 Vaughan Chopper pump 3 2 3 3 5 5 5 3 4 1 3 58.6
7 No action Manual 0 5 0 1 0 3 5 2 5 1 2 43.4
Notes:

EP=EnviroPrep®; O&M=operation and maintenance

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Fats, Oils, and Grease Mitigation Recommendation Technical Memorandum Raceway Basin and Buena Creek Pump Stations Improvement Study and Owner’s Advisor Services July 20, 2021 | 41
6 Conclusions and Recommendations
For the types of FOG mitigation equipment considered in the lift stations, the Flygt, PHi, and Vaughan systems had the lowest life-cycle cost and hi ghest CBA scores compared to the other three alternatives. MicroBlock is an unknown technol ogy and had the highest O&M costs. The Anue and Vapex systems had the highest capital cost and the highest energy costs. Flygt, PHi, and Vaughan all have a break-even point of less t han 10 years, except for PHi at the RBPS. However, consideration shall still be taken for PHi since it is suitable for BCPS and would minimize additional staff training by having the same equipment throughout. Table 6-1 and Table 6-2 present the summary costs for capital, construction, annual O&M, annual energy, y ears until breaking even with the baseline, and CBA scoring results.

Furthermore, EWA does not recommend Vapex t echnology due to the potential undesirable downstream impacts at EWPCF, degradation to instrumentation, undesirable impact to biological odor scrubber, and creation of hazardous wet well space that would require extensive ventilation prior to confined space entry.

Based on our analysis and input from Vista and EWA, the top three recommended options for FOG mitigation at BCPS are:
x PHi (Models PHi 350-2/3, BFP, and Kaeser SK Compressor) x Flygt (Model SR-4640 Submersible Mixer)
x Vaughan (Models S4TC-103 and S6UC-113)
Based on our analysis, the top three recommended options for FOG mitigation at RBPS:
x PHi (Model PHi 350-2, BFP, and Kaeser SM Compressor)
x Flygt (Model SR-4640 Submersible Mixer)
x Vaughan (Model S4SC-095)
Table 6-1. Buena Creek Pump Station Technology Recommendations Parameter Flygt PHi Vaughan
Capital cost $50,000 $70,000 $40,000
Construction cost $203,000 $286,000 $172,000
Annual O&M cost $2,000 $3,000 $5,000
Annual energy cost $10,000 $4,000 $17,000
Breakeven 7.0 years 8.5 years 9.5 years
Overall score 55.0 62.2 58.0
Notes:

O&M=operation and maintenance; PHi=Pulsed Hydraulics, Inc. 05/13/2025 C9 245 of 1078
Fats, Oils, and Grease Mitigation Recommendation Technical Memorandum Raceway Basin and Buena Creek Pump Stations Improvement Study and Owner’s Advisor Services 42 | July 20, 2021
Table 6-2. Raceway Basin Pump Station Technology Recommendations Parameter Flygt PHi Vaughan
Capital cost $18,000 $41,000 $16,000
Construction cost $72,000 $165,000 $65,000
Annual O&M cost $1,000 $3,000 $5,000
Annual energy cost $4,000 $4,000 $17,000
Breakeven 4.5 years 11.5 years 5.0 years
Overall score 55.0 62.2 58.6
Notes:

O&M=operation and maintenance; PHi=Pulsed Hydraulics, Inc.

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Fats, Oils, and Grease Mitigation Recommendation Technical Memorandum Raceway Basin and Buena Creek Pump Stations Improvement Study and Owner’s Advisor Services July 20, 2021 | 43
7 References
Anue Water Technologies. 2017. FOG (fats, oil, grease) Control. Accessed May 2021. https://anuewater.com/enviro-prep/.

Department of Industrial Relations. 2021. Accessed July 2021. https://www.dir.ca.gov/title8/461.html.

Environmental Leverage, Inc. (ELI). 2003. MicroBlock™ FOG Control. Accessed May 2021. https://www.environmentalleverage.com/microblock.htm.

Pulsed Hydraulics, Inc. (PHi). n.d. Accessed May 2021. https://www.phiwater.com/.

Carollo. Pump Station Rehabilitation Study. August 2016.

Vapex Environmental. 2021. Accessed May 2021. https://www.vapex.com/.

Vaughan. 2021. How Can Vaughan Help You. Accessed May 2021. http://www.chopperpumps.com/applications/.

Xylem. 2021. Flygt Case Studies. Accessed May 2021. https://www.xylem.com/en-us/brands/flygt/. 05/13/2025 C9 247 of 1078
Fats, Oils, and Grease Mitigation Recommendation Technical Memorandum Raceway Basin and Buena Creek Pump Stations Improvement Study and Owner’s Advisor Services 44 | July 20, 2021

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Fats, Oils, and Grease Mitigation Recommendation Technical Memorandum Raceway Basin and Buena Creek Pump Stations Improvement Study and Owner’s Advisor Services Appendix A. Site Visit Notes
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05/13/2025 C9 250 of 1078
Raceway & Buena Creek PS Improvement Study and OA Services Site Visit March 11, 2021

3/11/2021 Site Visit - Field Notes
Project: Raceway & Buena Creek PS Improvement Study and OA Services Subject: Initial Site Visit
Date: Thursday, March 11, 2021
Location: Raceway Basin and Buena Creek Pump Stations
Buena Creek Pump Station
x FOG cleaning once a week, about 1 hr, 1 person. Sometimes twice per week. x Cleaning is prolonged when pumps clog with rags
x PS is visited daily by operators
x Two grinders in the influent channel.
x Grinders are inspected on quarterly bases and serviced annually. x Lots of rocks and gravel coming through the sewer causing grinders to wear out fast near the bottom of the grinders.
x Inlet pipes have been CCTV recorded.
x Influent sewer is cleaned once per year using Vactor truck to remove cobbles, stones, gravel and silt.
x Grinders: Channel Monster, Model: CDD Hydraulic with gear driven 16- and 20-inch dual screens.
x Grinder are discontinued and will be replaced by next year. x Grinders operate 24/7.
x Rags passes through grinder.
x Ragging has increased more this past year
x At least once a week a pump is de-ragged manually through the volute inspection port. x Pump clogging with rags also occurs throughout the week aside from FOG mitigation days.
x FOG mats are pushed to the further ends of the wet well as the flow enters the wetwell through center. FOG blankets are pumped out with pumps 1 and 5 x FOG mat is broken by jetting using a hose and flushing using water from the surge tank. x FOG accumulation year-round with no seasonal difference. x FOG mat thickness ranges from few inches to 1 foot if not cleaned periodically and can span the entire area of the wet well.
x Observation: No physical space inside pump room to add any panel or equipment. Plenty of space on-site outside of pump room.
x Bypass of the PS appears to be straightforward, refer to Rehab Study for location. 05/13/2025 C9 251 of 1078
Raceway & Buena Creek PS Improvement Study and OA Services Site Visit March 11, 2021

Raceway Basin Pump Station
x FOG cleaned once a week.
x PS is visited daily by operators.
x FOG mat broken by water jet and flushing using water accumulated in the overflow basin. x Cleaning the FOG mat, about 30 minutes, 1 person.
x Two grinders in the influent channel.
x Original grinders are Moyno.
x One grinder is recently replaced with Franklin Mille. x Grinders operate 24/7.
x Air sampling done through the drain of the carbon adsorber or from the wetwell hatch. x No ragging issue for RBPS.
x Observation: No physical space inside pump room to add any panel or equipment. x Strong odor of rubber/ industrial-like. Important to understand type of FOG at both locations, specifically at RBPS. Previously had issues with large amounts of coffee beans being discharged to lift station.
x Bypass of the PS appears to be straightforward.
05/13/2025 C9 252 of 1078
Fats, Oils, and Grease Mitigation Recommendation Technical Memorandum Raceway Basin and Buena Creek Pump Stations Improvement Study and Owner’s Advisor Services Appendix B. Equipment Product Sheets
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05/13/2025 C9 254 of 1078
Odor & Corrosion Control System
Anue Water Technologies, Inc., 6845 Shiloh Rd E, Ste D13, Alpharetta, GA 30005 Phone: (760) 727-2683

FOG Control System
EnviroPrep (EP)
Wet Well Application
Date April 6, 2021
Presented to
Clint Freeman
D&H Water Systems
Email: [email protected]
Phone: (925) 550-8696
Presented by
Anue Water Technologies
6845 Shiloh Rd E, Ste D13
Alpharetta
, GA 30005
760-727-2683
Copy
Proposal Reference: 20217 Rev 00
**This quote is preliminary and budgetary **
05/13/2025 C9 255 of 1078
Odor & Corrosion Control System
Anue Water Technologies, Inc., 6845 Shiloh Rd E, Ste D13, Alpharetta, GA 30005 Phone: (760) 727-2683

FOG Treatment System: EP (2 EPs + Grinder Pump + Control Panel) Recommended for treatment of site: Raceway Wet Well

SYSTEM DESCRIPTION
Well Cleaning System: EP (2)
x Two 1.5" composite rotating head assembly.
x 30' high pressure discharge hose, stainless steel chain, cam lock connectors and fittings x Two 316 SS wall mount bracket
x Two 316 SS feed mast
Pump Panel (1)
x Raintight, Outdoor Mounting NEMA enclosure
x ON/OFF timer with reverse start and smart relay
x HOA switch
x High Float shut off
x Fault alarm indicator
x Seal leak/high pressure sensor
x Single point electrical connection
x Total system electrical: 480 VAC, 3 phase, 60 Hz, ~15 A x Dimensions: 16" H x 12" W x 6" D
Wet Well Grinder Pump (1)
x 7.5 HP, 480V, 3ph
x 50' power cord
Notes/ Special Instructions:
x Optimum/Minimum position above high float: 4’/1'
Warranty
See detailed Limited Warranty Statement below.
05/13/2025 C9 256 of 1078
Odor & Corrosion Control System
Anue Water Technologies, Inc., 6845 Shiloh Rd E, Ste D13, Alpharetta, GA 30005 Phone: (760) 727-2683

FOG Treatment System: EP (5 EPs + 3 Grinder Pumps + 2 Control Panels) Recommended for treatment of site: Buena Creek Wet Well

SYSTEM DESCRIPTION
Well Cleaning System: EP (5)
x Five 1.5" composite rotating head assemblies with wall mount brackets and feed masts. x Three 30' high pressure discharge hoses, stainless steel chains, cam lock connectors and fittings.

Pump Panels (2)
x Raintight, Outdoor Mounting NEMA enclosures- one duplex and one simplex. x ON/OFF timer with reverse start and smart relay
x HOA switch
x High Float shut off
x Fault alarm indicator
x Seal leak/high pressure sensor
x Single point electrical connection
x Duplex system electrical (approx.): 480 VAC, 3 phase, 60 Hz, ~30 A x Dimension: 24” H x 20” W x 8” D
x Simplex system electrical: 480 VAC, 3 phase, 60 Hz, ~11 A x Dimension: 16” H x 12” W x 6” D
Wet Well Grinder Pumps (3)
x Two 7.5 HP, 480V, 3ph and one 5HP, 480V, 3ph submersible grinder pumps. x 50' power cord
Notes/ Special Instructions:
x Optimum/Minimum position above high float: 4’/1'
Warranty
See detailed Limited Warranty Statement below.

EnviroPrep (EP) well washer kit for Raceway Wet Well: US$27,810 EnviroPrep (EP) well washer kit for Buena Creek Wet Well: US$69,850 Installation Supervision with Anue Rep on-site: US$7,500 Shipping (FOB Alpharetta, GA): TBD Applicable Taxes, not included: TBD
05/13/2025 C9 257 of 1078
Odor & Corrosion Control System
Anue Water Technologies, Inc., 6845 Shiloh Rd E, Ste D13, Alpharetta, GA 30005 Phone: (760) 727-2683

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General Process Description of EP
Anue Water Technologies EP Series is a mechanical wastewater conditioning system for lift stations, stormwater vaults, clarifiers, and sludge pits. Its me chanical action keeps these wells and vaults free of surface build-up and can eliminate the need for repetitive clean-out. The EP systems function by recycling wastewater through the systems and returning it into the well. This dynamic process creates surface agitation to break down, prevent build-up, increase dissolved oxygen levels, homogenize solids, and clean the wet well. The system operates by the hydraulic fo rce of the returning wastewater fluent. No external power or water source is needed.

Users realize immediate and ongoing savings as clean-out cycles are reduced.

Recirculation
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05/13/2025 C9 258 of 1078
Odor & Corrosion Control System
Anue Water Technologies, Inc., 6845 Shiloh Rd E, Ste D13, Alpharetta, GA 30005 Phone: (760) 727-2683

Application Overview
The system quoted above is based on the following application specific parameters and may need to be revised based on pilot testing data.:

Wet well Name: Raceway Wet Well
Wet Well Dimensions: 20'6" x 9'6"
Wet Well depth: 7'
Wet Well Name: Buena Creek Wet Well
Wet Well Dimensions: 49' x 11'5"
Wet Well depth: 22'
05/13/2025 C9 259 of 1078
Odor & Corrosion Control System
Anue Water Technologies, Inc., 6845 Shiloh Rd E, Ste D13, Alpharetta, GA 30005 Phone: (760) 727-2683

Terms & Conditions of Sale
Acceptance: Anue Water Technologies (AWT) reserves the right not to accept any orders that do not meet the Terms and Conditions of Sale requirements herein.

Conformance: AWT accepts no variances, exceptions or changes to these terms and conditions, unless expressly agreed to in writing by AWT and before receipt of order. Herein's terms and conditions take precedence over all other terms and conditions, including those in a Purchase Order or final agreement.

Orders: Unless otherwise stated in the quotation, all orders will be placed with AWT using the Contact Information below.

Credit: All Purchase Order acceptances and subsequent sales are subject to suitable credit standing at the sole discretion of AWT.

Payments: 25% of "Total including applicable taxes" due with PO. 25% due upon user's receipt of the submittal package.
50% due upon shipment of the system (not to exceed 30 days past readiness to ship notification).

Late payments will be charged 1.5% per month on all overdue balances.

Delivery: Twelve to sixteen (12-16) weeks from Approval of AWT submittal drawings by the customer, unless otherwise stated herein.

NOTE: AWT will make all reasonable efforts to accelerate delivery when requested.

AWT will be held harmless for a change in delivery date unless expressly agreed to in writing by the purchaser and AWT before placing the order.

Shipping: Shipments are FOB Alpharetta GA. The choice of carrier and method is at the discretion of AWT.

Taxes: All appropriate sales taxes are the purchas er's sole responsibility and are paid by the purchaser.

Cancellation: All systems built to order. Cancellations for PURCHASES will be accepted based on the following time limits and cancellation fees based on a twelve (12) week delivery .
● Up to two (2) weeks from Order Acceptance from AWT: No Charge ● Three (1) through five (5) weeks: 30% of list price
● Six (6) weeks + 100% of list price Receipt Inspection:
05/13/2025 C9 260 of 1078
Odor & Corrosion Control System
Anue Water Technologies, Inc., 6845 Shiloh Rd E, Ste D13, Alpharetta, GA 30005 Phone: (760) 727-2683

The purchaser's responsibility is to inspect and report any evidence of damage that may have occurred in shipment to the shipper. Additionally, notify AWT within this five (5) day period should shipping damage have occurred.

Any damage or malfunctions must be reported to AWT within one (1) day upon the initial commissioning and start-up of the system and after installation.

Returns: All Returns to AWT, whether under warranty, service contract, or otherwise, require a Return Material Authorization (RMA) number. No returns are accepted without an RMA under any circumstance. To request an RMA, refer to the Contact Information below.

All returns are subject to disposition by AWT. Before a return, approval is at the sole discretion of AWT. Where applicable, warranty or service contract remedies apply. For non-warranty or service contract return requests, AWT reserves the right to perform remedies or repairs at the user site, a third-party location, or another site.

In all cases, the purchaser will pay the shipping and must be insured at its full value and forwarded to the specified Anue location.

All items will be inspected upon receipt and, in the sole judgment of AWT, adjustments to any credit due applied for damages up to the product's full value.

Warranty: AWT warrants that products will be free from defects in material and workmanship for twelve (12) months from the date of the signed acceptance of completed installation or fifteen (15) months from the original purchase date, whichever occurs first) any such product shall prove to be defective; it shall be repaired or replaced at AWT's option, subject to the terms and conditions set forth. ANY REPAIR OR

REPLACEMENT WILL BE WARRANTED ONLY FOR THE BALANCE OF THE ORIGINAL WARRANTY PERIOD. The invoice/shipment date determines warranty eligibility. SEE Warranty document for full warranty information.

AWT warranty does not extend to used products or products or services not manufactured or provided by AWT; however, AWT will provide to Buyer the benefits of any supplier's warranty.

AWT warranty does not extend to any product found to have been subjected to abnormal operating conditions, the use of unapproved parts to the extent such parts found to be the cause of the failure or failure to follow the installation, operation, and maintenance instructions provided by AWT.
05/13/2025 C9 261 of 1078
Odor & Corrosion Control System
Anue Water Technologies, Inc., 6845 Shiloh Rd E, Ste D13, Alpharetta, GA 30005 Phone: (760) 727-2683

2021 ANUE WATER TECHNOLOGIES LIMITED WARRANTY
Limitations of Remedies and Limitation of other Warranties Anue Water Technologies (AWT) warrants to the original purchaser (“Purchaser”) of its products that they are free from defects in material or quality.

The warranty period begins and activates at the original purchase date (invoice/shipment).

This Limited Warranty covers the system as outlined below. Suppose (within twelve (12) months from the date of the signed acceptance of completed installation / fifteen (15) months from original purchase date, whichever occurs first) any such product shall prove to be defective. In that case, it shall be repaired or replaced at AWT’s option, subject to the terms and conditions set forth. ANY REPAIR OR

REPLACEMENT WILL BE WARRANTED ONLY FOR THE BALANCE OF THE ORIGINAL WARRANTY PERIOD. The invoice/shipment date determines warranty eligibility.

The obligation of AWT is expressly limited to repairing or replacing, at the sole option of AWT, any part returned to it during the warranty period, which AWT determines to be defective in material or quality.

The obligation of AWT shall not include any transportation charges, costs of removal or installation, labor charges, or any direct, indirect, consequential, or delay damages.

Exclusions:

All parts purchased for installation specific to the application are per the Original Equipment Manufacturer. All consumable items including but not limited to filters, sensors, and others.

The above warranty and remedies are subject to the following terms and conditions for all systems, kits, and parts.

Conditions for Voiding the Warranty

1. If, in the opinion of AWT, the failure of the part or product resulting from abuse, neglect, improper maintenance, or accident.

2. If the system or any parts fail due to improper installation AND the installers were not certified by AWT.

3. Modifications to any product or part wit hout the prior written consent of AWT.

4. If the use of any system is other than the intended use as determined by AWT.

5. Introduction of foreign materials to any AWT s ystem, other than those expressly and solely determined by AWT, is strictly forbidden, nullifying and voiding the warranty. The use of ANY material without the express, written approval of AWT is forbidden.

6. The warranty is void unless the product or part is installed correctly and maintained within its rated capacity or part with installations properly engineered and following the practices, methods, and instructions approved or provided by AWT.

7. If all required replacement parts or products are AWT or AWT authorized replacement parts and otherwise identical to the original equipment components. AWT does not warrant replacement parts or products not of AWT origins.

Indemnification as consideration for this warranty, the original customer and subsequent purchaser agree to indemnify and hold AWT harmless from and against all and any loss, liability, damages, or expenses for injury to persons or property, including without limitation, the original customer’s and subsequent purchaser’s employees and property, due to their acts or omissions or the acts or omissions of their agents, and employees in the installation, transportation, maintenance, use and operation of said equipment
05/13/2025 C9 262 of 1078
Odor & Corrosion Control System
Anue Water Technologies, Inc., 6845 Shiloh Rd E, Ste D13, Alpharetta, GA 30005 Phone: (760) 727-2683

This warranty shall not apply to acts of God, nor shall it apply to products which, in the sole judgment of AWT has been subject to negligence, abuse, accident, misapplication, tampering, alteration; nor due to improper installation, operation, maintenance or storage; nor to other than the typical application, use or service, including but not limited to, operational failures caused by corrosion, rust or other foreign materials in the system, or operation over recommended maximums.

Requests for service under this warranty shall be made through written communication to AWT within 24 hours after discovering any alleged defect. Provide the serial number and brief description of the issue from the actual part. AWT will need to know how quickly the repair needs and if a replacement is needed or sent to the customer before repair. Damage to equipment due to delayed response or failure to communicate within a 24 period may result in the warranty’s immediate voiding. AWT will take corrective action as reasonably possible. No requests for service under this warranty will be accepted if received more than 30 days after the term of the warranty. This warranty sets forth AWT’s sole obligation and the purchaser’s exclusive remedy for defective products.

AWT SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR CONTINGENT DAMAGES WHATSOEVER. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS WARRANTIES. IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO

THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

PURPOSE, SHALL NOT EXTEND BEYOND THE DURATION OF THE APPLICABLE EXPRESS WARRANTIES PROVIDED HEREIN. AWT RESERVES THE RIGHT, AT ITS DISCRETION, TO REVISE TERMS AND CONDITIONS AT ANY TIME AND WITHOUT PRIOR NOTICE.

Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

THE TERMS AND CONDITIONS IN THIS DOCUMENT SUPERSEDE ALL PRIOR ORAL OR

WRITTEN QUOTATIONS, PROPOSALS AND COMMUNICATIONS BETWEEN THE BUYER AND SELLER RELATED TO THE PRODUCTS AND SERVICES IDENTIFIED HEREIN.

A Service Agreement may be purchased to cover other on-site service calls and follow-on maintenance at an additional fee.

If no additional Service Agreement is in place, On-Site Service Calls can be performed by an AWT Certified Technician and charged on a time and material basis. AWT will need a Purchase Order in advance to cover; travel accommodation, labor, materials and payment for service render at completion.

Call AWT’s Customer Service for a specific quote for your system and site at 1-760-727-2683 or [email protected].
05/13/2025 C9 263 of 1078
Odor & Corrosion Control System
Anue Water Technologies, Inc., 6845 Shiloh Rd E, Ste D13, Alpharetta, GA 30005 Phone: (760) 727-2683

Acceptance
Both undersigned parties agree that the representation, terms, and conditions of this proposal are acceptable. Further, both parties acknowledged that this represents the entire agreement causing this agreement to become effective as of the designated effective date indicated herein.

The customer will forward a valid Purchase Order along with a signed copy of this agreement within five (5) business days.

Supplier (Company Name): Anue Water Technologies
By:

Sign:

Title:

Date:

User (Municipality/Company Name):

By:

Sign:

Date:
05/13/2025 C9 264 of 1078

May 4, 2021

HDR Water/Wastewater Staff Engineer
3230 El Camino Real, Suite 200
CA 92602
Quote # 2021-LAB-0296
Project Name: Vista Buena
Job Name:
4640 Portacleanse
Qty Part Number Description
3 4640.492-0470 Flygt Model SR-4640 Submersible Mixer, Stainless steel (ASTM 316L), equipped with a 460 Volt / 3 phase / 60 Hz 4 HP 855 RPM motor, Prop 5°, 50 Ft. length of SUBCAB 4G2,5+2x1,5 submersible cable, C/W FLS leakage detector Mixer is also available in 304SS (lower price)
3 14-58 79 34 STAND,PORTA-CLEANSE 4630/40 SS
1 14-69 00 09A START UP,FLYGT,NO TAX 1-TP MODELS: 3000,7000,8000 3 14-58 72 08 KIT,CHAIN FITTING 3067-3127+ 316SS
60 14-48 71 13 CHAIN,3/16" 316L
3 14-40 71 29 MINI-CASII/FUS 120/24VAC,24VDC
3 14-40 70 97 SOCKET,11 PIN OCTAL DIN MOUNT
4640 Portacleanse Price USD $ 47,903.60
Freight Charge $ 1,866.00
Total Price $ 49,769.60
Terms & Conditions
This order is subject to the Standard Terms and Conditions of Sale – Xylem Americas effective on the date the order is accepted which terms are available at http://www.xyleminc.com/en-us/Pages/terms-conditions-of-sale.aspx and incorporated herein by reference and made a part of the agreement between the parties.

Purchase Orders: Please make purchase orders out to: Xylem Water Solutions USA, Inc.

Freight Terms: 3 DAP - Delivered At Place 08 - Jobsite (per IncoTerms 2020) See Freight Payment (Delivery Terms) below.

Taxes: State, local and other applicable taxes are not included in this quotation.

Back Charges: Buyer shall not make purchases nor shall Buyer inc ur any labor that would result in a back charge to Seller without prior written consent of an authorized employee of Seller.

Shortages: Xylem will not be responsible for apparent ship ment shortages or damages incurred in shipment that are not reported within two weeks from delivery to the jobsite. Damages should be noted on the receiving slip and the truck driver advised of the damages. Please contact our office as soon as possible to report damages or shortages so that replacement items can be shipped and the appropriate claims made.

Xylem Water Solutions USA, Inc.

Flygt Products
11161 Harrel Street
Mira Loma, CA 91752
Tel (951) 332-3668
Fax (951) 332-3679
05/13/2025 C9 265 of 1078