request for proposals for the east … › ...2020/05/13 · and statement of qualifications (soq)...

REQUEST FOR PROPOSALS FOR PROGRESSIVE DESIGN-BUILD SERVICES

FOR THE EAST COUNTY ADVANCED WATER PURIFICATION PROJECT

PACKAGE 1:

WATER RECYCLING FACILITY, ADVANCED WATER PURIFICATION FACILITY, VISITOR CENTER, PRODUCT WATER PUMP STATION,

AND SOLIDS HANDING FACILITY

Request for Proposals Issued: April 10, 2020

Addendum No. 1 Issuance Date: May 13, 2020

Proposals Due: July 6, 2020

Request for Proposals, ECAWP Package 1 i

Table of Contents

Section 1: Introduction .............................................................................. 1-1

1.1 General Introduction .......................................................................... 1-1 1.1.1 Background ............................................................................ 1-1 1.1.2 Shortlisted Respondents ........................................................ 1-1

1.2 RFP Organization .............................................................................. 1-1 1.2.1 Contents................................................................................. 1-1 1.2.2 Reference Documents ............................................................ 1-4

1.3 RFP Definitions ................................................................................. 1-5 1.4 RFP Acronyms .................................................................................. 1-8

Section 2: Project Overview ...................................................................... 2-1

2.1 Project Background ........................................................................... 2-1 2.2 Participating Agencies ....................................................................... 2-2 2.3 Project Purpose and Drivers.............................................................. 2-2 2.4 Project Goals .................................................................................... 2-3 2.5 Package Components ....................................................................... 2-5 2.6 Project Site and Location .................................................................. 2-5 2.7 Project Budget/Funding ..................................................................... 2-7 2.8 Project Schedule ............................................................................... 2-7 2.9 Environmental Status of the Project and Governmental

Approvals .......................................................................................... 2-7 2.10 Document Control System ................................................................ 2-7

Section 3: Project Delivery Approach ........................................................ 3-1

3.1 Procurement Overview ...................................................................... 3-1 3.2 Stipend to Unsuccessful Proposers ................................................... 3-2

3.2.1 Generally ................................................................................ 3-2 3.2.2 Eligibility ................................................................................. 3-3 3.2.3 Work Product Ownership ....................................................... 3-3 3.2.4 Stipend Agreement ................................................................ 3-4

3.3 Statutory Authority ............................................................................. 3-4 3.4 Contracting Method ........................................................................... 3-4

3.4.1 Design and Pre-construction Services (Phase 1) ................... 3-4 3.4.2 Final Design and Construction Services (Phase 2) ................. 3-5 3.4.3 Transitional O&M Services (Phase 3) ..................................... 3-5

3.5 Roles and Responsibilities ................................................................ 3-5 3.5.1 Design-Builder Roles and Responsibilities ............................. 3-6 3.5.2 JPA Roles and Responsibilities .............................................. 3-9 3.5.3 Changes to Roles and Responsibilities ................................ 3-10

Section 4: Draft Agreement and Key Provisions ....................................... 4-1

Table of Contents (cont’d)

Request for Proposals, ECAWP Package 1 ii

4.1 Draft Agreement ................................................................................ 4-1 4.2 Licenses ............................................................................................ 4-1 4.3 Insurance Certifications ..................................................................... 4-2 4.4 State and Federal Requirements ....................................................... 4-3

4.4.1.1 DBE Requirements ............................................... 4-4 4.4.1.2 Labor Compliance ................................................ 4-5

Section 5: Requests for Information .......................................................... 5-1

5.1 Questions and Responses Regarding the RFP ................................. 5-1 5.2 Addenda ........................................................................................... 5-2

Section 6: Procurement Process and Schedule ........................................ 6-1

6.1 Communication Protocols ................................................................. 6-1 6.1.1 Microsoft Teams Site.............................................................. 6-1 6.1.2 Owner Contact ....................................................................... 6-1 6.1.3 Identification of Proposer Representative ............................... 6-1

6.2 Two-Step Process ............................................................................. 6-1 6.3 Interactive Meetings .......................................................................... 6-2 6.4 Pre-Proposal Submittals; Changes in Proposer’s Organization

and Key Personnel ............................................................................ 6-3 6.4.1 Changes in Proposer’s Organization, Subcontractors,

and Key Personnel ................................................................ 6-3 6.4.2 Key Personnel Positions ........................................................ 6-4

6.5 Guarantors ........................................................................................ 6-5 6.6 Procurement Schedule ...................................................................... 6-5

Section 7: Submittal and Evaluation Process............................................ 7-1

7.1 Proposal Submittal Instructions ......................................................... 7-1 7.1.1 Modifications, Withdrawals, Validity, and Late

Submissions of Proposals ..................................................... 7-1 7.1.1.1 Modifications to a Proposal .................................. 7-1 7.1.1.2 Withdrawal of a Proposal ...................................... 7-2 7.1.1.3 Validity of Proposals ............................................. 7-2 7.1.1.4 Late Submission of a Proposal ............................. 7-2

7.2 Submittal Requirements .................................................................... 7-2 7.2.1 General Instructions ............................................................... 7-2 7.2.2 RFP Format and Outline ........................................................ 7-3

7.3 Proposal Organization ....................................................................... 7-4 7.3.1 Volume 1: Proposal Letter ...................................................... 7-4 7.3.2 Volume 1: Qualifications of Design-Build Team Members

and Key Personnel ................................................................ 7-4 7.3.3 Volume 1: Management Approach ......................................... 7-5 7.3.4 Volume 1: Technical Approach ............................................... 7-6


Request for Proposals, ECAWP Package 1 iii

7.3.5 Volume 1: Schedule and Approach to Sequencing Work ....... 7-7 7.3.6 Volume 1: Pricing Approach ................................................... 7-8 7.3.7 Volume 2: Phase 1 NTE and Design-Builder’s Fee

Percentages (Separate Sealed Envelopes) ........................... 7-9 7.3.8 Volume 3: Financial Submittal Requirements ....................... 7-10

7.3.8.1 Financial Statements .......................................... 7-10 7.3.8.2 Material Changes in Financial Condition ............ 7-12 7.3.8.3 Financially Responsible Party Letter of

Support .............................................................. 7-13 7.3.8.4 Surety Letter ....................................................... 7-14 7.3.8.5 Insurance Certifications ...................................... 7-15

7.3.9 Volume 4: Appendices and Forms........................................ 7-15 7.4 Evaluation Process ......................................................................... 7-15

7.4.1 Pass/Fail and Responsiveness Evaluation ........................... 7-15 7.4.1.1 Technical Proposals ........................................... 7-16 7.4.1.2 Price Proposals .................................................. 7-16 7.4.1.3 Financial Submittals ........................................... 7-17

7.4.2 Overview of Evaluation for Technical Proposals ................... 7-17 7.4.3 Technical Proposal Scoring Criteria ..................................... 7-18 7.4.4 Price Proposal Scoring Criteria ............................................ 7-18 7.4.5 Evaluation Overview and Structure ...................................... 7-18 7.4.6 Summary of Evaluation Criteria and Weighting .................... 7-19 7.4.7 Evaluation of Proposals by PEC ........................................... 7-20 7.4.8 Scoring of Proposals and Best Value Determination ............ 7-20 7.4.9 Requests for Proposal Revisions ......................................... 7-21 7.4.10 Identification of Preferred Proposer ...................................... 7-21 7.4.11 Recommendation to the JPA Board ..................................... 7-21 7.4.12 Negotiation and Finalization of the Agreement ..................... 7-22 7.4.13 Review of Post-Selection Deliverables ................................. 7-23

7.4.13.1 Documents to be Submitted Following Notification of Preferred Proposer ...................... 7-23

7.4.13.2 The JPA’s Comment on Post-Selection Deliverables ....................................................... 7-23

7.4.14 Final Award, Execution and Delivery of Agreement .............. 7-24 7.4.15 Documents to Be Delivered by Proposer with Executed

Agreement ........................................................................... 7-24

Section 8: Limitations ................................................................................ 8-1

8.1 Improper Communications and Conflicts ........................................... 8-1 8.2 Organizational Conflicts of Interest .................................................... 8-2 8.3 Participation on More Than One Design-Build Team ......................... 8-4 8.4 Proprietary and Confidential Information ........................................... 8-4 8.5 Protest Procedures and Debriefings .................................................. 8-5

8.5.1 Applicability and Process ....................................................... 8-5


Request for Proposals, ECAWP Package 1 iv

8.5.2 Required Early Communication for Certain Protests .............. 8-5 8.5.3 Deadlines for Protests ............................................................ 8-6 8.5.4 Content of Protest .................................................................. 8-6 8.5.5 Filing of Protest ...................................................................... 8-6 8.5.6 Comments from Other Proposers ........................................... 8-7 8.5.7 Burden of Proof ...................................................................... 8-7 8.5.8 Decision on the Protest .......................................................... 8-7 8.5.9 Protestor’s Payment of Costs ................................................. 8-7 8.5.10 Forfeiture of Stipend ............................................................... 8-7 8.5.11 Rights and Obligations of Proposers ...................................... 8-7 8.5.12 Debriefings ............................................................................. 8-8

8.6 JPA Rights ........................................................................................ 8-8 8.7 Disclaimers ..................................................................................... 8-10

List of Attachments:

Attachment A: Reference Documents Attachment B: Form of Progressive Design-Build Agreement Attachment C: Proposal Forms Attachment D: Scope of Work (Phase 1) Attachment E: Package 1 Project Schedule Attachment F: Project Financial Forms Attachment G: Stipend Agreement Attachment H: Conflict of Interest Policy Attachment I: Confidentiality Agreement

Request for Proposals, ECAWP Package 1 1-1

Section 1: Introduction

1.1 General Introduction

1.1.1 Background The East County Advanced Water Purification (ECAWP) Joint Powers Authority (JPA) invites the firms selected as Shortlisted Respondents pursuant to the Request for Qualifications (RFQ) and Statement of Qualifications (SOQ) process for Package 1 of the ECAWP Project, consisting of a 16 million gallon per day (MGD) Water Recycling Facility (WRF), 11.5 MGD Advanced Water Purification (AWP) Facility, Visitor Center, Product Water Pump Station, and Solids Handling Facilities located adjacent to the existing Ray Stoyer WRF, to submit a Proposal to serve as the Design-Builder to design, construct and perform transitional operations and maintenance (O&M) services for Package 1. The ECAWP JPA will use a progressive design-build (PDB) contracting and delivery method to deliver Package 1.

This Request for Proposals (RFP) represents Step 2 of the procurement process and establishes the procedures for soliciting and evaluating proposals from the Shortlisted Respondents. The purpose of the Proposal is to demonstrate the capacity and proficiency of the Proposer to perform the work described in this RFP, in conformance with the requirements of this RFP.

Unless the context otherwise requires, this RFP will be interpreted as set out in Section 1.2 of the Progressive Design-Build Agreement for Package 1 of the ECAWP Project (Agreement) as if references to “this Agreement” were to “this RFP”, and references to “Design-Builder” were to “Proposer”. The form of the Agreement is included in Attachment B to the RFP.

1.1.2 Shortlisted Respondents The JPA is soliciting Proposals from only the following entities (Shortlisted Respondents), listed in alphabetical order:

• AECOM/Lyles, A Joint Venture

• Jacobs/McCarthy, A Joint Venture

• Kiewit Infrastructure West Co.

The Shortlisted Respondents were determined by the JPA to be the most qualified Design-Build Teams based on the evaluation of SOQs received in Step 1. It is the JPA’s objective to receive quality Proposals from the Shortlisted Respondents for the Work.

1.2 RFP Organization

1.2.1 Contents This Request for Proposals (RFP) consists of eight (8) sections and eight (8) Attachments.


Section 1: Introduction

Section 2: Project Overview

Section 3: Project Delivery Approach

Section 4: Draft Agreement and Key Provisions

Section 5: Requests for Information

Section 6: Procurement Process and Schedule

Section 7: Submittal Requirements and Evaluation Process

Section 8: Limitations

Attachment A: Reference Documents

A.1 New Water Recycling Facility Initial Basis of Design Report

A.2 Advanced Water Purification Facility Initial Basis of Design Report

A.3 Solids Handling Facilities Initial Basis of Design Report

A.4 BIM Delivery Guidelines

A.5 CAD Memorandum

A.6 Preliminary Geotechnical Investigation

A.7 Initial Study/Mitigated Negative Declaration

A.8 Comprehensive Facilities Master Plan Program Environmental Impact Report

A.9 Ray Stoyer WRF As-Built Drawings

A.10 AWP Demonstration Facility Construction Drawings

A.11 Draft Lake Jennings Dilution Modeling Study

A.12 Santee Lakes Hydraulic Analysis Technical Memorandum

A.13 Recovery RO Economic Analysis Technical Memorandum

A.14 Pre-Read Documents for Independent Advisory Panel Meeting #6

A.15 Conceptual Approval of East County Advanced Water Purification Concept at Padre Dam MWD (3790037-716)


A.16 Conditional Acceptance of Free Chlorine Disinfection at Padre Dam MWD to comply with California Water Recycling Criteria (3790037-716)

A.17 Proposed Nutrient Compliance Approach for the East County Advanced Water Purification Program, Reservoir Augmentation at Lake Jennings

A.18 Padre Dam Key Map “Existing Utilities Santee Lake #6 to Ray Stoyer WRF”

Attachment B: Form of Progressive Design-Build Agreement

Attachment C: Proposal Forms

C.1 Affidavit of Authenticity

C.2 Insurance Company Letter of Intent

C.3 Surety Letter of Intent

C.4 Public Works Contractor Registration Certification

C.5 Non-Collusion Declaration

C.6 Iran Contracting Prohibition Certification

C.7 Worker’s Compensation Certification

C.8 California Contractor and Professional Engineer Licensing

C.9 Form of Proposal Letter

C.10 Proposer Questionnaire

C.11 Litigation Disclosure Form

C.12 Form of Conflict of Interest Disclosure Statement

C.13 DBE Certification

C.14 DBE Commitment Form

C.15 Form of Bidder’s List

C.16 Equal Employment Opportunity Certification

C.17 Use of Contract Funds for Lobbying Certification

C.18 Debarment and Suspension Certification

C.19 Guarantor Commitment Letter


C 20 Proposer Comments/Questions Form

C.21 Form of Invoice for Stipend Agreement

C.22 Form of Waiver and Release Re: Stipend and Work Product Transfer of Rights and Release of Claims

C.23 Buy America Certification

Attachment D: Scope of Work (Phase 1)

Attachment E: Project Schedule

Attachment F: Project Financial Forms

Attachment G: Stipend Agreement

Attachment H: Conflict of Interest Policy

Attachment I: Confidentiality Agreement

Refer to Section 1.3.1 of the Agreement and Exhibit 2 of the Agreement (Project Specific Information) for a list of the documents forming the Agreement and their order of precedence.

1.2.2 Reference Documents The Reference Documents are made available through the Microsoft Teams Site, further discussed in Section 2.10, for the purpose of providing information to Proposers. To access the Microsoft Teams Site, Proposers must request access and receive an invite from the JPA’s Owner Contact. The JPA will grant access to the Microsoft Teams Site to the Proposer Representative only.

By submitting a Proposal, Proposers agree that:

the Reference Documents are provided for Proposer’s for information only and are not mandatory or binding on Design-Builder;

JPA does not represent, warrant or guarantee the accuracy or completeness of the Reference Documents or that such information is in conformity with the requirements of the Agreement, Governmental Approvals or Applicable Law;

JPA shall not be responsible or liable in any respect of any Claims or Losses by any Design-Builder Related Entity by reason of any use of information, opinions or recommendations contained in, any conclusions Design-Builder may draw from, or any action or forbearance in reliance on, the Reference Documents, except to the extent that the Agreement incorporates specific provisions of the Reference Documents by reference; and


Proposer shall conduct any and all studies, analyses and investigations as it deems advisable to verify or supplement the Reference Documents, including as required by the Agreement.

1.3 RFP Definitions In this RFP, unless the context expressly requires otherwise, capitalized terms have the meaning given in this Section 1.3. Capitalized terms and acronyms which are used in this RFP but not defined in this Section 1.3 have the meanings given in Section 1.1 of the Agreement.

Applicable DB Law – Has the meaning given in Section 3.3.

Best Value – The process in which a Design-Builder is selected based on qualitative and quantitative factors that provide the greatest benefit, in the sole discretion of the JPA, to the public.

Contractor – The Design-Build Team member, whether a single entity or joint venture, responsible for the construction of Package 1 under the Agreement.

Controlling Interest – An interest held by a Person in another Person, when (a) such Person holds, directly or indirectly, beneficially or of record, a majority of the voting rights in such other Person; or (b) such Person possesses, directly or indirectly, the power to cause the direction of the management of such other Person, whether through voting securities, by contract, family relationship or otherwise.

Cost Analysis – The Proposer’s analysis, to be provided with the Proposal, of the JPA’s Package 1 cost estimate, to be provided with this RFP, based on the Reference Documents and the Proposer’s understanding of, and approach to executing, the Work.

County – The County of San Diego through its San Diego County Sanitation District.

Design-Build Team – The team that the Proposer has assembled to deliver Package 1, which includes the Design-Builder, Contractor, Engineer, and the Design-Builder’s Subcontractors.

Design-Builder’s Activities Proposal – The documents submitted by Proposer in Volume 1, Technical Proposal, that respond to Sections 7.3.3, 7.3.4, 7.3.5, 7.3.6 of this RFP, and the document and the modifications, additional content and detailing offered by the Proposer to conform the Scope of Work to Proposer’s project approach, schedule, and fee.

East County – East San Diego County.

El Cajon – City of El Cajon, a charter city and municipal corporation.

Engineer – The Design-Build Team member, whether a single entity or joint venture, responsible for providing the Engineer-of-Record for Package 1 under the Agreement.

Engineer-of-Record – Design-Build Team member that is in responsible charge for the overall design of Package 1.


Equity Member – (i) Each member of a joint venture; (ii) each general partner of a limited or general partnership; (iii) each entity holding an equity interest in the Proposer entity if that entity was formed less than one year prior to the Proposal Submittal Deadline set forth in Section 7.1; (iv) each entity proposed to holding an equity interest in the Proposer entity if the Proposer entity is not yet formed as of said deadline; and (v) each other entity with a Controlling Interest in Proposer (whether as a member, partner, shareholder, joint venture member or otherwise). Notwithstanding the foregoing, if the applicable entity is a publicly traded company, shareholders with less than a 10% interest in the entity shall not be considered an Equity Member.

Financially Responsible Party – The parent company, affiliate or other entity (if any) whose financial statements the Proposer provides to demonstrate in its Proposal the financial capacity of the Proposer and/or an Equity Member.

Helix – Helix Water District.

Interactive Meetings – a meeting conducted in accordance with Section 6.3.

Key Personnel – Individuals who will be assigned to the Work who play an important role in the design, construction, or management of the Work as listed in Section 6.4.2.

Lifecycle Cost – The total of the direct/indirect, recurring/non-recurring, fixed/variable financial costs to the JPA arising in connection with the Work over the whole life of the Work, including the costs of designing and constructing the Work prior to Completion and occupying, using, operating and maintaining the Work after Completion.

Microsoft Teams Site – The location at which Proposers are provided electronic access to the Reference Documentsdocuments and information relevant to the Package 1 procurement.

Owner Contact – Has the meaning given in Section 6.1.2.

Padre Dam – Padre Dam Municipal Water District.

Package – Any one of the three individual progressive design-build project packages of work and services described in Section 2.1 of this RFP that the JPA may procure in connection with the ECAWP Project.

Package 1 – The first individual project of the ECAWP Project consisting of the Water Recycling Facility, Advanced Water Purification Facility, Visitor Center, Product Water Pump Station, and Solids Handling Facility, and System Integration of the ECAWP Project. For further details, see Section 2.5.

Package 1 Facilities – The AWP Facility, Solids Handling Facility, Water Recycling Facility, Product Water Pump Station, and Visitor Center (or any combination of them as the context requires).

Package 1 Project Site – The locations where the Package 1 Work will be performed as depicted in Section 2.6.


Package 1 System Integrator – The person or entity charged with integrating the SCADA system among the three Packages.

Preferred Proposer – The Proposer providing the best value, as evidenced by being the highest scoring Proposer based on the Best Value determination pursuant to Section 7.4.

Principal Participant – All members, partners or joint ventures of any member of the Design-Build Team; all individuals, persons, proprietorships, partnerships, business associations, or other and legal entities, however organized (that directly or indirectly) hold a 15% or greater equity interest in the Design-Build Team.

Project Goals – Has the meaning given in Section 2.4.

Projects of Similar Scope and Complexity – Those projects with completion dates within the last 15 years that had many, if not all, of the characteristics in this definition. The JPA will determine, in its sole discretion, which projects are Projects of Similar Scope and Complexity based on the number of similar factors to that of Package 1, including:

a. Projects of a similar size to Package 1 that included designing, constructing, integrating, startup/commissioning and operations of:

1. Wastewater treatment facilities;

2. Solids handling facilities;

3. Microfiltration/ultrafiltration facilities;

4. Reverse osmosis treatment facilities;

5. UV/AOP treatment facilities;

6. Pump stations; and/or

7. Administration, laboratory, and visitor center buildings.

b. Projects that involved (i) integration, coordination or cooperation with other contractors or project packages in the vicinity of the site or existing plant operations and maintenance; (ii) integration, coordination or cooperation with other construction projects that were necessary to complete an entire operational facility; and/or (iii) experience with maintenance of plant operations.

c. Projects that utilize an integrated delivery method (Construction Manager at Risk, Design-Build, Progressive Design-Build, etc.) that require strong coordination and integration of the design and construction team and early involvement of the contractor during design.

d. Projects where the Design-Builder was selected prior to the establishment of the final scope, price, and schedule and where the Design-Builder collaborated with the owner to develop the final scope, price (or GMP), and schedule.


Proposal – The proposal submitted in response to this RFP for Package 1.

Proposal Revisions – Has the meaning providing in Section 7.4.9.

Proposal Submittal Deadline – means the deadline for submitting a Proposal set out in Section 7.1.

Proposer – Shortlisted Respondent that subsequently submits a Proposal in response to this RFP for Package 1.

Proposer Representative – The Proposer’s identified single point of contact for all procurement-related communication.

Purified Water – Advanced treated recycled water from the ECAWP Project.

RFI Submittal Deadline – The last day on which Proposers may submit RFIs to the JPA, as specified in Section 6.6, Table 1.

Shortlisted Respondent – Means a respondent to the RFQ that has been selected by the JPA to receive an RFP.

Stakeholders – Has the meaning given in Section 8.1.

Step 1 – Issuance of the RFQ, receipt and evaluation of SOQs, and identification of Shortlisted Respondents.

Step 2 – Issuance of this RFP, receipt and evaluation of Proposals, and selection of Design-Builder.

1.4 RFP Acronyms In this RFP, unless the context expressly requires otherwise, acronyms have the meaning given in this Section 1.4. Acronyms which are used in this RFP but not defined in this Section 1.4 have the meanings given in Section 1.1 of the Agreement.

AFY Acre-feet per year

BAFO Best and Final Offer

DB Design-Build

EMR Experience Modification Rate

IFRS International Financial Reporting Standards

OA Owner’s Advisor

OSHA Occupational Safety and Health Administration


PDB Progressive Design-Build

RFI Request for Information

RFQ Request for Qualifications

SOP Standard Operating Procedures

SWA Surface Water Augmentation

USB Universal Serial Bus

U.S. GAAP U.S. Generally Accepted Accounting Principles

UV/AOP Ultraviolet/Advanced Oxidation Processes


Section 2: Project Overview

2.1 Project Background The ECAWP Project is a potable reuse project in East San Diego County (East County) and is a collaborative effort among Padre Dam Municipal Water District (Padre Dam), the County of San Diego (County) acting through the San Diego County Sanitation District, the City of El Cajon (El Cajon), and Helix Water District (Helix). Currently, a majority of the East County wastewater flow is discharged into the San Diego regional collection system for treatment and disposed of into the Pacific Ocean. Additionally, almost all of the drinking water in the East County is provided by imported water from northern California and the Colorado River. The ECAWP Project will treat the East County’s wastewater locally and implement potable reuse by producing advanced treated water from the AWP Facility (Purified Water), which will be pumped to Lake Jennings Reservoir for surface water augmentation (SWA) with other water owned by Helix. After SWA, the water will be sent to Helix’s R. M. Levy Water Treatment Plant for treatment to become potable water. The ECAWP Project will adhere to all requirements under Title 22 of the California Code of Regulations applicable to SWA and recycled water customer demands. The ECAWP Project is anticipated to come online in 2025. Once online, the ECAWP Project is anticipated to treat the combined 2025 wastewater flow of approximately 15 million gallons per day (MGD) and produce up to 12,880 acre-feet per year (AFY), or 11.5 MGD, of new, safe, reliable, and locally controlled potable water supply. This represents approximately 30% of East County’s water demand. The ECAWP Project is governed by the ECAWP JPA, whose members are the three East County wastewater agencies, as further described in Section 2.2 (Padre Dam, the County, and El Cajon). The three East County wastewater agencies will have an agreement with the JPA for wastewater treatment and disposal. Padre Dam and Helix will have separate agreements with the JPA to purchase the purified water produced by the ECAWP Project.

Padre Dam will have a separate sub-agreement with Helix for treatment of the purchased Purified Water at the R. M. Levy Water Treatment Plant. Padre Dam will also have an agreement with the JPA to purchase approximately 1.2 MGD of tertiary treated water for recycled water distribution to its customers.

The ECAWP Project is envisioned to be delivered through three (3) PDB packages:

• Package 1 – Water Recycling Facility, Advanced Water Purification Facility, Visitor Center, Product Water Pump Station, Solids Handling Facility, and System Integration of the ECAWP Project

• Package 2 – Advanced Water Purification Pipeline, Dechlorination Facility, and Lake Jennings Reservoir Inlet

• Package 3 – Influent Pump Station, East Mission Gorge Pump Station, East Mission Gorge Force Main, and Residuals Bypass System


This RFP is for Package 1. The Package 1 Facilities are interconnected with the Package 2 and Package 3 facilities and coordination amongst the Packages will be required.

2.2 Participating Agencies The ECAWP Project is a collaborative effort between four public agencies:

• Padre Dam Municipal Water District provides water, wastewater, recycled water, and recreational services to customers in Santee, El Cajon, Lakeside, Flinn Springs, Harbison Canyon, Blossom Valley, Alpine, Dehesa, and Crest.

• County of San Diego provides sewer service to customers in the unincorporated areas of East County, including Alpine, East Otay Mesa, Lakeside, Spring Valley, and Winter Gardens.

• City of El Cajon is located in East County and provides wastewater collection services to customers in the City of El Cajon.

• Helix Water District provides water service to customers in El Cajon, La Mesa, Lemon Grove, Spring Valley, and Lakeside communities.

2.3 Project Purpose and Drivers The purpose of the ECAWP Project is to improve local and regional water supply reliability by reusing East County wastewater flows to create a new source of local, safe, reliable, and drought-proof water supply reducing reliance on less reliable imported water. The ECAWP Project is intended to ultimately produce up to 30% of East San Diego County’s potable water supply, thereby increasing water supply resilience and financial certainty related to imported water supply costs and wastewater treatment costs.

Constraints and challenges to the implementation of the ECAWP Project include cost, schedule, and regulatory considerations. The cost of producing Purified Water through the ECAWP Project is considered to be price competitive with the projected cost of importing water through the San Diego County Water Authority and wastewater treatment through the City of San Diego Metropolitan Wastewater System. The ECAWP Project’s implementation schedule is driven by the required completion date tied to some of the major external project funding sources, as well as continued near and long term vulnerability to dry year imported water shortages. Expedited implementation will also avoid duplicative increases in costs associated with imported water and the cost of sending wastewater to the City of San Diego for treatment. Meeting this schedule is crucial for the delivery of the ECAWP Project.

The ECAWP Project is expected to be among the first facilities in both California and the United States to implement potable reuse through SWA in adherence with the State of California’s SWA regulations. Design and construction of the ECAWP Project must meet the requirements/regulations for SWA.

Accordingly, the JPA is seeking to select a Design-Builder to perform the Work using a Best Value selection process, which is explained in Section 3.


2.4 Project Goals The following are the “Project Goals” for the Package 1 procurement:

1. High Functioning Team. The Design-Build Team will develop and promote a high functioning, innovative, trustworthy, communicative, and collaborative relationship between itself, the JPA, and the Stakeholders to meet the Project Goals within the JPA’s budget and schedule, while simultaneously demonstrating exemplary design, construction, O&M, and project management and utilizing lean design and construction methods.

2. Effective Design. The Design-Build Team will provide innovative designs that:

a. Seamlessly integrate Package 1 with the entire ECAWP Project;

b. Utilize state-of-the-art processes to achieve a cost-effective and efficient delivery of reliable Package 1 Facilities that help to maximize the ECAWP Project’s ability to treat East County’s wastewater locally to produce potable water, reduce reliance on imported water and reduce (or minimize) the financial liabilities related to importing water supply through the San Diego County Water Authority and treating wastewater through the City of San Diego;

c. Optimize O&M efficiencies and minimize related expenses for the Package 1 Facilities;

d. Enhance the safety of all Work using a design and construction process that reduces re-work and has a goal of no recordable incidents;

e. Minimize environmental and community impacts during construction and operation of the Package 1 Facilities;

f. Result in cost savings, schedule efficiencies, or other positive benefits in the delivery and operation of the entire ECAWP Project; and

g. Utilize modern technologies that will allow for the JPA to leverage “Big Data” technology to facilitate the collection and analysis of high volume data with the ultimate goal of uncovering valuable insights enabling the JPA to cut costs, formulate improved operational plans, and extract maximum benefit from existing data assets to create better run, better managed, and better performing facilities.

3. Efficient Pricing. The Design-Build Team will provide transparent pricing that maximizes innovation, takes advantage of the efficiency of a PDB delivery model, and results in the delivery of Package 1 for a cost that when considered as part of the overall ECAWP Project cost is less than the projected cost of importing water and treating wastewater.

4. Innovation. The Design-Build Team will bring innovative ideas and processes to:


a. Promote a healthy collaboration between the Design-Build Team, JPA, Package 2 Design-Build Team, and Package 3 Design-Build Team to foster creative and logical design approaches consistent with sound engineering processes to improve quality and performance of the Package 1 Facilities;

b. Generate design and implement approaches that add value to Package 1;

c. Reduce both the upfront design and construction costs and long term O&M costs to achieve competitiveness with the projected cost of importing water and treating wastewater when considered as part of the overall ECAWP Project cost;

d. Reduce impacts to both users and the environment; and

e. Harness the appropriate emerging technologies to actively push the team and Work forward to meet the needs of the JPA and deliver Package 1 on schedule.

5. Meets Schedule. The Design-Build Team will deliver Package 1 in a way that creates schedule efficiencies so that:

a. Package 1 is delivered within the timeframe provided in Section 2.8;

b. The DB and O&M cost savings referenced above are realized; and

c. Compliance with all ECAWP Project funding requirements is achieved.

6. ECAWP Integration. The Design-Build Team will deliver Package 1 so that it:

a. Seamlessly integrates with the entire ECAWP Project which will require system integration information to be communicated and shared collaboratively with the other Packages; and

b. Results in cost savings, schedule efficiencies, or other positive benefits in the delivery and operation of the entire ECAWP Project.

7. Regulatory Compliance and Permitting and Reliability. The Design-Build Team will deliver a Project that:

a. Meets or exceeds all applicable regulatory requirements, including State of California regulations for augmenting reservoirs with treated recycled water (SWA), Regional Board NPDES Permit, and CEQA;

b. Results in a reliable, uninterrupted, clean, and safe water supply that protects the public interest; and

c. Meets or exceeds all permitting requirements required for construction and operation of the Package 1 Facilities and the ECAWP Project.


2.5 Package Components Package 1 includes design, construction, testing, commissioning, and transitional O&M of the following components:

• New 16 MGD (average annual treatment capacity) WRF to include:

o Headworks, odor control, primary clarifiers, equalization basin, bioreactors for full nitrification and denitrification, secondary clarifiers, tertiary filters, chlorine contact basin, electrical buildings, and O&M building

• New 11.5 MGD (annual average production capacity) AWP Facility to include:

o Microfiltration/ultrafiltration, reverse osmosis, brine minimization, ultraviolet light disinfection, advanced oxidation, free chlorination, and post treatment stabilization processes

• New Product Water Pump Station to convey AWP Facility treated water to Lake Jennings Reservoir

• New Visitor Center, Administration building, Laboratory, and Education center

• New Solids Handling Facility for treatment of solids (to Class B biosolids) generated from wastewater treatment and provisions for future energy recovery

o Thickeners, digesters, dewatering, and solids load out facility

• Instrumentation and controls, including SCADA and system integration for all Packages of the ECAWP Project

2.6 Project Site and Location The ECAWP Project is located in San Diego County as presented in Figure 1. The Package 1 Facilities will be located adjacent to the existing Ray Stoyer Water Recycling Facility, which is owned and operated by Padre Dam.

Any Proposer wishing to access the Package 1 Project Site shall have the Proposer Representative contact the JPA’s Owner Contact to obtain consent to do so.

Request for Proposals, ECAWP Package 1 Page 2-6

Figure 1 – ECAWP Project Location Map


2.7 Project Budget/Funding The estimated design and construction cost for Package 1 is $260 million, excluding contingency. It is anticipated that Package 1, along with the other Packages, will be funded through a combination of state and federal grants, low interest loans, municipal bonds, and cash.

2.8 Project Schedule Package 1, along with the other Packages and ECAWP Project as a whole, is expected to be complete and online no later than the first quarter of 2025. The project schedule for Package 1 is provided in Attachment E. It is the expectation of the JPA, that through the PDB delivery model and collaboration between the Design-Build Team and JPA, the Design-Builder will be able to recognize schedule efficiencies and achieve the best, practical, and safe speed to deliver the project on or ahead of schedule.

2.9 Environmental Status of the Project and Governmental Approvals

The East County Advanced Water Purification Project Final Initial Study/Mitigated Negative Declaration (SCH# 2018091029) was adopted by Padre Dam in December 2018 and by the JPA on February 20, 2020.

The JPA expects the Design-Builder to design Package 1 and perform Work in compliance with applicable CEQA and CEQA-Plus requirements and other permit conditions.

For Governmental Approvals to be procured in the JPA’s name, Design-Builder shall prepare all necessary design information and impact analyses and coordinate its efforts with the JPA to obtain the Governmental Approvals.

All Design-Builder led Governmental Approvals shall be the sole responsibility and risk of the Design-Builder.

Further information with respect to Governmental Approvals is set out in Section 10 of the Agreement.

2.10 Document Control System The JPA will be utilizing Microsoft Teams to promote collaboration and clear, documented communications between teams and stakeholders participating in the ECAWP Project. The JPA has reserved the services of Nexinite to further develop the Microsoft Teams platform enabling the JPA to better manage costs, improve management efficiencies, increase transparency and provide a secure document control system. Project partners will be provided access to the Microsoft Teams Site to access pertinent communications and will be asked to leverage Microsoft Teams cloud-based technology to maximize Project wide collaboration.


Section 3: Project Delivery Approach

3.1 Procurement Overview The JPA intends to procure and deliver the Work using a Best Value selection process. The JPA is using a two-step procurement process to select a Design-Builder. The RFQ was Step 1. Step 2 includes the issuance of this RFP.

Without limiting the JPA’s rights as described in Section 8.6, it is the JPA’s intent to award the Agreement (if at all) to the responsive and responsible Proposer offering a Proposal that meets the standards established by the JPA and that is determined by the JPA, in its sole discretion, through evaluation based upon the criteria in Section 7.3, Applicable Law, JPA’s Contracts Policy and the RFP, to provide the best value to the public.

JPA will not review or consider multiple or alternative Proposals or Proposals with options. The RFP will be issued and made available to Shortlisted Respondents in electronic format on the Microsoft Teams Site.

This RFP requires the Proposer to provide a number of submittals described in Section 7.3 including (i) a “Design-Builder’s Activities Proposal” detailing the Proposer’s approach to and understanding of the Scope of Work (Phase 1), including development of the Phase 2 Guaranteed Maximum Price (GMP) Proposal and Phase 3 GMP Proposal and negotiations of amendments to the Agreement for the scope of Phase 2 Work and scope of Phase 3 Work, respectively, and schedule for such activities, and (ii) a Cost Analysis for the Work. The Proposer’s “Design-Builder’s Activities Proposal”, schedule and Phase 1 Not to Exceed (NTE) price shall follow the Scope of Work (Phase 1) in Attachment D, with modifications, additional content and detailing offered by the Proposer to conform the Scope of Work to Proposer’s project approach, schedule and fee (submitted as Appendix A).

The “Design-Builder’s Activities Proposal” shall identify complete scoping, schedule, and pricing assumptions necessary for completion of 60% design and negotiation of a GMP (Phase 2) to complete the Phase 2 Work and a GMP (Phase 3) to complete the Phase 3 Work. Any exclusions should be limited and clearly noted. Proposer shall submit with its “Design-Builder’s Activities Proposal” a list of deliverables (i.e., Phase 1 Design Documentation, cost model and all supporting cost data, etc.) that are estimated to be completed to satisfy the requirements of Phase 1.

The Cost Analysis will be a nonbinding analysis of the cost estimates developed by the JPA for the Work based on the Reference Documents, as provided in the Reference Documents. The Cost Analysis should demonstrate the Proposer’s analysis of whether the JPA’s cost estimates for the Work are consistent with the Proposer’s approach to and understanding of the level of effort that will be required to deliver the Work.


3.2 Stipend to Unsuccessful Proposers

3.2.1 Generally Except as set forth in the Stipend Agreement (Attachment G) and this Section 3.2, each Proposer shall be entitled to receive a stipend payment from the JPA if:

(a) Proposer submits a timely and responsive, but unsuccessful, Proposal by the Proposal Submittal Deadline in accordance with the terms and conditions of the RFP;

(b) Proposer submits a timely and responsive Proposal and the JPA cancels the procurement without award after the Proposal Submittal Deadline;

(c) Proposer submits a timely and responsive Proposal but the JPA does not award or execute the Agreement prior to the expiration of the Proposal validity period, as extended; or

(d) Preferred Proposer timely satisfies all conditions to award and execution of the Agreement in this RFP and the JPA fails to execute the Agreement upon satisfaction of those conditions.

No Proposer shall be entitled to reimbursement for any of its costs in connection with this RFP except as specified in the Stipend Agreement and this Section 3.2. Proposers are not required to accept a stipend payment and may elect to reject the stipend payment. The Stipend Agreement is included in Attachment G.

If Section 3.2.1(a) applies, each eligible Proposer may submit an invoice for the stipend no earlier than 30 days after the JPA issues notice of intent to award to the Preferred Proposer and no later than 30 days after execution and award of the Agreement. The stipend shall be due and payable by the later of: (a) 60 days after the date the eligible Proposer submits to the JPA the invoice in the form of Exhibit 1 to the Stipend Agreement and waiver and release; or (b) 45 days after the date of execution and award of the Agreement.

If Section 3.2.1(b) applies, each eligible Proposer may submit an invoice in the form of Exhibit 1 to the Stipend Agreement no earlier than the date of the notice of cancellation and no later than 90 days after the date of the notice of cancellation, and the total amount available for a stipend shall be due and payable 60 days after the date the Proposer submits to the JPA the invoice and waiver and release.

If Section 3.2.1(c) applies, each eligible Proposer may submit an invoice in the form of Exhibit 1 to the Stipend Agreement no earlier than expiration of the Proposal validity period, as extended, and no later than 60 days after that date, and the total amount available for a stipend shall be due and payable 60 days after the date the Proposer submits to the JPA the invoice and waiver and release.

If Section 3.2.1(d) applies, the Preferred Proposer may submit an invoice in the form of Exhibit 1 to the Stipend Agreement no earlier 60 days after the date the Preferred Proposer satisfies all conditions to award and execution in this RFP and no later than 90 days after that date, and the total amount available for a stipend shall be due and payable 60 days after the date the Proposer submits to the JPA the invoice and waiver and release.


In all cases, the invoice shall be in a form reasonably acceptable to the JPA and must be accompanied by an executed irrevocable waiver of protest and full, unconditional and irrevocable release of all claims against the JPA, in accordance with the Stipend Agreement in Attachment G.

The Preferred Proposer will not receive a stipend except in the limited circumstances provided in Section 3.2.2(g) below.

3.2.2 Eligibility

No stipend payment will be made to Proposers in the following circumstances:

(a) If the Proposer fails to submit a timely and responsive Proposal by the Proposal Submittal Deadline;

(b) If the Proposer has not executed and delivered the Stipend Agreement to the JPA with its Proposal;

(c) If the Proposer withdraws from the procurement;

(d) If the Proposer has not complied with the terms and conditions of the RFP;

(e) If the Proposer fails to satisfy the terms and conditions in the Stipend Agreement or this Section 3.2 including delivering an invoice, all forms required by the JPA for payment of vendors within the time periods specified in this RFP and the waiver and release as described in this RFP;

(f) If the Proposer has filed a protest of, or otherwise challenges, the procurement process, award or cancellation of the procurement process and such protest or challenge is dismissed or otherwise is unsuccessful; or

(g) If the Preferred Proposer fails to proceed with execution and award of the Agreement for any reason other than: (1) the failure of one or more closing contingencies in the RFP, the failure of which do not arise out of or result from the acts, omissions, negligence, fraud, bad faith, breach of contract or law or willful misconduct of the Preferred Proposer; or (2) the JPA’s election to cancel the procurement after the Proposal Submittal Deadline, which election does not arise out of or result from the acts, omissions, negligence, fraud, bad faith, breach of contract or law or willful misconduct of the Preferred Proposer.

3.2.3 Work Product Ownership

Each Proposer agrees that the JPA shall own and be entitled to use all ideas and work product in its Proposal and all work product that is not expressly required to be returned to the Proposer under this RFP (e.g., written and electronic correspondence, exhibits, photographs, reports, printed material, tapes, disks, designs, concepts, ideas, technology, techniques, methods, processes, drawings, reports, plans, specifications, and other graphic and visual aids generated by or on behalf of Proposer) received by the JPA prior to the cancellation of the procurement or contained in its Proposal, in consideration for the JPA’s agreement to make payment as


provided in this RFP and in the Stipend Agreement, without any further compensation or consideration to Proposer.

The JPA may inform the Preferred Proposer regarding the contents of the other Proposals after notification of the Preferred Proposer, and the Agreement may incorporate the above-described work product, ideas or concepts based on any unsuccessful Proposer’s work product. Upon the Proposer’s receipt of the stipend payment, the JPA may use such work product, ideas and concepts in the performance of its functions. Payment of the stipend to a Proposer shall operate as a release and waiver by Proposer of any and all Claims challenging the procurement process, award and/or cancellation of the procurement process.

3.2.33.2.4 Stipend Agreement

Execution and delivery of the Stipend Agreement with the Proposal shall constitute the irrevocable election by Proposer to accept the stipend described under the Stipend Agreement and under this Section 3.2 and acceptance of such terms. The Stipend Agreement shall be delivered with the Proposal as described in Section 7.3.9.

3.3 Statutory Authority

The JPA is issuing this RFP and carrying out the procurement in accordance with the provisions of California Government Code §§ 6500 et seq., as amended, the joint exercise of powers agreement establishing the JPA, the JPA’s Contract Policies and Procedures and other applicable law (collectively, “Applicable DB Law”).

3.4 Contracting Method The Design-Builder’s scope of work for Package 1 will be performed in three distinct phases under a single Agreement as follows.

3.4.1 Design and Pre-construction Services (Phase 1) After executing the Agreement, the JPA and the Design-Builder will work to validate the Scope of Work, validate the cost and develop a Target Cost Proposal, and then advance the Package 1 design, schedule and cost estimate.

The Design-Builder will perform an investigation of the Package 1 Project Site and other factors that will impact design and construction of Package 1 or and integration of the Package 1 Work with the ECAWP Project and will undertake review, analysis and validation of all Reference Documents and information provided by the JPA regarding Package 1 as required by the Scope of Work (Phase 1), and as necessary for comprehensive, safe and accurate planning, design, costing and programming of the Work during Phase 1 to best achieve the Project Goals. The Design-Builder shall sufficiently advance the Reference Documents to facilitate the collaborative development of the detailed Scope of Work (Phase 2) and Scope of Work (Phase 3) for Package 1, providing the basis to establish a mutually agreed-upon Phase 2 GMP Proposal and Phase 3 GMP Proposal. The Design-Builder will progressively develop and provide cost estimates to the JPA in conjunction with the development of the Design Documents, allowing the JPA to modify the project scope, priorities, and requirements, as it deems necessary, based on the overall Package 1 and ECAWP Project budget. The Design-Builder will develop its cost estimate in a transparent and open-book manner. The Design-Builder’s Phase 2 GMP Proposal


and Phase 3 GMP Proposal will be established in accordance with the Agreement. The JPA expects that the Phase 2 GMP Proposal and the Phase 3 GMP Proposal for Package 1 will be proposed at approximately the 60 percent level of design. However, the JPA may consider multiple GMPs at various levels of design completion, including those in support of early materials purchase or early start construction packages to be delivered via separate Stages. The GMP approach will be carried out on an Open Book Basis throughout the Design-Builder’s performance of the Work.

The JPA’s and the Design-Builder’s mutual agreement regarding a GMP will be memorialized in one or more amendments to the Agreement for the Phase 2 Work and the Phase 3 Work. Achievement of Phase 2 Approval and Phase 3 Approval, as defined in the Agreement, shall be a condition to the Design-Builder’s commencement of Phase 2 Work and Phase 3 Work, respectively.

Notwithstanding the Design-Builder’s delivery of any proposed GMP, the JPA shall have no obligation to enter into any amendment to the Agreement. If the JPA determines not to proceed with Phase 2 or Phase 3, the JPA will exercise a contractual “off-ramp” and shall have the right, in the JPA’s sole discretion, to terminate the Agreement or, at the JPA’s option, to require the Design-Builder to complete the design of all or any part of Package 1 under the Agreement. In the event the JPA terminates the Agreement, the JPA may re-procure any part of Package 1 using any project delivery or procurement methodologies it chooses, in its sole discretion.

3.4.2 Final Design and Construction Services (Phase 2) Phase 2 consists of final design, quality control, and construction services, which encompasses all scope performed by the Design-Builder after the establishment of the GMP, other than the Phase 3 Work.

3.4.3 Transitional O&M Services (Phase 3) Phase 3 consists of transitional O&M Services for the Package 1 Facilities, which are anticipated to span a two (2) year period after final completion of the Phase 2 Work, including extended facility commissioning and transitional O&M activities.

3.5 Roles and Responsibilities

3.5.1 Work Product Ownership

Each Proposer agrees that the JPA shall own and be entitled to use all ideas and work product in its Proposal and all work product that is not expressly required to be returned to the Proposer under this RFP (e.g., written and electronic correspondence, exhibits, photographs, reports, printed material, tapes, disks, designs, concepts, ideas, technology, techniques, methods, processes, drawings, reports, plans, specifications, and other graphic and visual aids generated by or on behalf of Proposer) received by the JPA prior to the cancellation of the procurement or contained in its Proposal, in consideration for the JPA’s agreement to make payment as provided in this RFP and in the Stipend Agreement, without any further compensation or consideration to Proposer.


The JPA may inform the Preferred Proposer regarding the contents of the other Proposals after notification of the Preferred Proposer, and the Agreement may incorporate the above-described work product, ideas or concepts based on any unsuccessful Proposer’s work product. Upon the Proposer’s receipt of the stipend payment, the JPA may use such work product, ideas and concepts in the performance of its functions. Payment of the stipend to a Proposer shall operate as a release and waiver by Proposer of any and all Claims challenging the procurement process, award and/or cancellation of the procurement process.

3.5.23.5.1 Design-Builder Roles and Responsibilities The Design-Builder will collaborate with the JPA and will provide in a timely manner all work necessary to complete the Work, which is anticipated to consist of three (3) phases:

Phase 1 – Design and Pre-construction Services. The terms and conditions associated with Phase 1 are set forth in the form of Agreement provided in Attachment B and generally include the following tasks:

Develop a Target Cost Proposal for the Work

Conduct investigations (survey, geotechnical, easements, utilities, etc.) to validate existing studies and information in the Reference Documents, obtain new information and otherwise support design and construction of Package 1

Review and validate all Reference Documents and information provided by the JPA

Finalize the Reference Documents and all design criteria for Package 1

Procure a Transitional O&M Contractor

Facilitate design review workshops with the JPA engineering and O&M staff

Coordinate all design, construction, and scheduling interfaces with Package 2 and Package 3 Design-Builders

Provide and implement a safety and security plan

Develop, implement, update, and maintain Package 1 Project Plans for Phase 1

Provide the deliverables required for Phase 1 Work

Initiate Governmental Approvals required to construct Package 1 (excluding the JPA-Provided Approvals identified in the Agreement)

Foster complete system integration of the ECAWP Project facilities through collaborative and effective communication and sharing of information with the Package 2 Design-Builder and Package 3 Design-Builder

Co-locationIn-person attendance of Key Personnel and other key Package 1 staff with the JPA for specified meetings, workshops, and conversations in Phase 1


Prepare and finalize the Scope of Work (Phase 2) and Scope of Work (Phase 3) for approval by the JPA

Prepare estimates and schedule updates concurrent with design development on an Open Book Basis

Provide a Phase 2 GMP Proposal and a Phase 3 GMP Proposal, with supporting documentation for each

Develop an acceptance test protocol to determine Mechanical Completion, Completion and Phase 2 Final Acceptance of the Work (excluding the Phase 3 Work) at the end of Phase 2 and additional requirements for Phase 3

Phase 2 – Final Design and Construction Services. The terms and conditions associated with Phase 2 are set forth in the form of Agreement provided in Attachment B. The Scope of Work (Phase 2) will be developed during Phase 1 and is anticipated to generally include the following tasks:

Complete Final Design Documents for Package 1

Implement, update, and maintain Package 1 Project Plans developed during Phase 1 and develop, implement, update, and maintain additional Project Plans for Phase 2

Obtain all Governmental Approvals and permits required to construct Package 1 (excluding approvals and permits for which the JPA is responsible)

Cooperate with the JPA, as needed, in order for the JPA to obtain all Governmental Approvals required to operate the Package 1 Facilities

Coordinate with Utility Owners and the JPA for supply of power, telecommunications, and construction water to the construction site

Provide and coordinate on-site joint work facilities for the JPA and Design-Builder for Phase 2 Work

Coordinate and cooperate with the Package 2 Design-Builder and the Package 3 Design-Builder

Provide and implement all plans and measures as required by all applicable Governmental Approvals and Applicable Laws

Implement and adhere to all environmental requirements (including CEQA, CEQA-Plus, and the Mitigation Monitoring and Reporting Program) applicable to the ECAWP Project

Coordinate construction activities and maintain access to current JPA and Padre Dam facilities to enable continued operation of the existing Ray Stoyer WRF


Coordinate facility shutdowns and tie-ins of the Package 1, Package 2, and Package 3 facilities with the JPA

Meet permitted water quality requirements

Supervise Design-Build Team and all personnel, including any Subcontractors performing Subcontracted Work

Construct all Facilities in accordance with the Final Design Documents

Integrate Package 1, Package 2, and Package 3 so that the ECAWP Project operates as a single system

Complete startup, commissioning, operational training, and required acceptance testing and provide assistance in preparation of Standard Operating Procedures (SOPs) for the Package 1 Facilities

Implement and maintain all quality control, inspection, and materials testing requirements and activities

Prepare record drawings, Building Information Modeling (BIM) models, and O&M manuals

Integrate the Package 1 Facilities into CMMS

Phase 3 – Transitional O&M Services. The Phase 3 Scope of Work will be developed during Phase 1 and is anticipated to generally include the following tasks to be performed by the Transitional O&M Contractor:

Extended testing and commissioning of the Package 1 Facilities to demonstrate that each Package 1 Facility meets the Agreement requirements, including any performance requirements

O&M Services for the Facilities in accordance with the Agreement and the Performance Requirements

Update and maintain all applicable Package 1 Project Plans and develop, implement, update, and maintain additional Project Plans for Phase 3

Prepare and maintain O&M regulatory compliance data and reports for the JPA

Transition and training activities to prepare for transfer of O&M responsibilities to the JPA or a private operator after the transitional O&M period is complete

Handover of the O&M to the JPA at the end of Phase 3

All Work shall be performed in accordance with federal, state and local standards, Applicable Laws and Governmental Approvals, industry best practices, and the requirements of the


Agreement. The Design-Builder shall furnish all labor, material, equipment, services, and support facilities for all Work.

3.5.33.5.2 JPA Roles and Responsibilities

The JPA intends to collaborate with the Design-Builder and fulfill its responsibilities in a timely manner to facilitate the Design-Builder’s timely and efficient performance of services. Anticipated JPA responsibilities include:

Furnish existing studies and provide known data and information regarding Package 1 as Reference Documents including record drawings, preliminary studies, and environmental impact assessments, provided that the Design-Builder will be required to review and validate said data and information

Provide known available information in the JPA’s possession and (if determined by the JPA, in its sole discretion, to be in the JPA’s best interest) engage with the Design-Builder to perform identified additional studies that may be necessary to complete design of Package 1

Pay the agreed upon amounts in accordance with the terms and conditions in the Agreement

Provide an existing office space for co-location of the JPA and Design-Builder for Phase 1 Work

Provide access to the Site and provide permanent easements in accordance with the terms and conditions in the Agreement

As necessary, assist the Design-Builder in obtaining Governmental Approvals and permits for which it is responsible

Obtain the JPA-Provided Approvals and certain other Governmental Approvals and permits, such as the Division of Drinking Water approval, for which the JPA is responsible under the Agreement

Provide construction quality assurance oversight

Provide mitigation monitoring oversight per the ECAWP Project’s Mitigation Monitoring and Reporting Program

Purchase mitigation land, as required, for the ECAWP Project

Review submissions, respond to Design-Builder inquiries, and provide comments to the Design-Builder in accordance with the Submittal Requirements in Exhibit 16 of the Agreement


3.5.43.5.3 Changes to Roles and Responsibilities The roles and responsibilities provided in this Section 3.5 are not exhaustive and are subject to change. Further details regarding the respective responsibilities of the JPA and Design-Builder are defined under the Agreement.


Section 4: Draft Agreement and Key Provisions

4.1 Draft Agreement Neither this RFP nor the Proposal shall constitute a contract with the JPA. No contract is binding or official until Proposals are reviewed and accepted through appropriate levels of JPA authority, and an official Agreement is duly awarded by the JPA to the Preferred Proposer, and the Agreement is executed by the JPA and the Preferred Proposer.

A draft Agreement is included in Attachment B for review and comment by prospective Proposers. Each Proposer shall review the draft Agreement and provide the JPA with questions, comments, and proposed edits to the JPA on or before the deadline for Proposer’s submittal of RFIs specified in Section 6.6, Table 1 (RFI Submittal Deadline). The JPA will review all questions, comments, and edits received, and in its sole discretion may choose to modify the Agreement through an Addendum providing a revised form of Agreement by the deadline for issuance of RFI responses specified in Section 6.6, Table 1.

Proposers should anticipate that the JPA and the Preferred Proposer will contract for services under the terms in the Agreement in the RFP, including all Addenda, issued by the JPA as of the Proposal Submittal Deadline. Proposals shall be submitted without reservations, qualifications, conditions or assumptions, except with regard to those scope and pricing assumptions provided with the Scope of Work submitted with the Proposal. Any Proposal that assumes or would require material changes to the Agreement, as determined by the JPA in its sole discretion, may result in the JPA’s rejection of the Proposal as nonresponsive.

4.2 Licenses The JPA does not require Proposers to be licensed as a condition of submitting a Proposal. However, Proposers must be licensed in the State of California at the time of Agreement award and provide evidence that Proposer and all Design-Build Team members have, or at the time of Agreement award will have, all licenses, registrations and credentials required to design and construct Package 1 in accordance with California laws, and any specialty licenses required for Work that will be self-performed, including date(s) obtained or anticipated to be obtained, type, number, classification, issuing agency and expiration date. Proposers are advised that Design-Builder will be required to hold a Class A (General) License as well as any specialty licenses required for Work that will be self-performed by Design-Builder at the time of Agreement award. The Transitional O&M Contractor will be required to possess a Grade 5 wastewater operations license prior to Phase 3 Approval. Any contractors performing Work during Phase 3 shall possess the licenses appropriate for the Work performed.

Design-Build Team members and individuals (including professional engineers) that will be undertaking work that requires a California license must possess licenses prior to performing the applicable work assigned to such member.

Proposers’ attention is directed to California Public Contract Code Section 20103.5, which provides in part as follows:


The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board.

Design-Builder will also be required to be qualified to do business in the State of California as of Agreement execution.

Design-Builder will be required to provide evidence that the Transitional O&M Contractor is duly licensed to perform the Phase 3 Work on or before the date when the Transitional O&M Contractor is contracted to perform any Work.

4.3 Insurance Certifications Proposers are required to provide in their Proposal written evidence, satisfactory to the JPA, in its sole discretion, from an insurance company(ies), broker(s), agent(s), or advisor(s) expressly indicating that Proposer (and Design-Builder) will be able to obtain and maintain the insurance types and amounts required by the Agreement and can do so under the terms, and subject to the conditions, specified in Section 25 and Exhibit 17 of the Agreement. The JPA shall be satisfied if such insurance company(ies)’, broker(s)’, agent(s)’ or advisor(s)’ signatories to such written evidence explicitly state that it/they have read the Agreement (including the insurance requirements) and that the Persons required to obtain insurance under the Agreement have the capability of obtaining such insurance in the coverages and under the conditions listed in the Agreement, including not less than the following amounts:

• Commercial General Liability – as follows:

o For Phase 1, for any one occurrence or claim of not less than $5,000,000 per occurrence and a $5,000,000 aggregate limit applicable solely to the Phase 1 Work



• Workers’ Compensation and Employer’s Liability – $1,000,000 by accident, $1,000,000 by disease, and $1,000,000 policy limit by disease

• Automobile Liability – $10,000,000 per accident or scheduled under the excess or umbrella liability policies


• Pollution Liability – $10,000,000 per loss and in the aggregate per policy period for the period beginning with the issuance of NTP for Phase 2 or prior to commencing any early Stage including Construction Work prior to that issuance and continuing until the day immediately preceding NTP for Phase 3; and $2,000,000 per occurrence and in the aggregate per policy period for the remainder of the term

• Umbrella or Excess Liability – as provided in Exhibit 17

• Professional Liability– Project specific policy with coverage of at least $20,000,000 per claim and in the aggregate; design professionals or other professional service providers who subcontract with Design-Builder shall obtain and maintain professional liability insurance specific to their profession with liability limits not less than commercially reasonable liability limits commensurate with such Subcontractor’s scope of professional services

• Builder’s Risk – be in an amount not less than the sum of the NTE (Phase 1) and the GMP (Phase 2), with sub-limits for certain risks as specified in Section 1.6 of Exhibit 17 of the Agreement

• Aircraft Liability - $5,000,000 per occurrence where any aircraft is used on the Work that is owned, leased or chartered by any DB-Related Entity

Proposers shall carefully review the minimum insurance requirements in the Agreement and take these minimum requirements into account in developing their Proposals. Refer to Section 25 and Exhibit 17 of the Agreement for more specifics regarding the above-stated required coverage amounts.

4.4 State and Federal Requirements The RFP and Agreement are drafted based on the assumption that Package 1 and its plan of finance will remain eligible for aid in the form of federal and state funds. Accordingly, the procurement documents and Agreement conform to requirements of applicable federal and state law, including Buy America requirements, California Government Code §§ 12990, 12940 et seq. regarding nondiscrimination and equal employment opportunities, and in Title 40 CFR Part 33, regarding Disadvantaged Business Enterprise (DBEs), as well as other applicable federal and state requirements. Refer to Exhibit 18 of the Agreement for specific federal and state requirements applicable to the Agreement.

It is JPA’s intent that the RFP Documents, and the procurement itself, afford all Proposers nondiscriminatory bidding procedures regardless of national, state, or local boundaries and without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The JPA views State laws, specifications, regulations and policies that are relevant to this procurement and the Project as not contrary to applicable federal law and regulations, but, in the abundance of caution, if JPA determines that any provisions of State laws, specifications, regulations, or policies operate in any manner contrary to federal requirements to prevent submission of a Proposal, or prohibit consideration of a responsive Proposal submitted by any Proposer, such


provisions shall not be applicable to the Project. In light of the foregoing, the JPA may modify the procurement process described in this RFP to address any concerns, conditions or requirements of governmental agencies. Proposers shall be notified of any such modifications by way of Addendum.

4.4.1.1 DBE Requirements To preserve Package 1’s eligibility for state and federal funds, this solicitation is subject to Title 40 CFR Part 33, regarding DBEs. Proposers shall be fully informed of these regulations. The Design-Builder shall make good faith efforts to ensure that DBEs have the maximum opportunity to compete for and perform on this Work. Proposers are advised that the following sources of state and federal funds have been, or are anticipated to be, secured for the ECAWP Project, and the Design-Builder shall be required to comply with the provisions and requirements of these funding sources including those for DBEs:

1. Water Infrastructure Finance and Innovation Act (WIFIA) through the United States Environmental Protection Agency (USEPA)

2. Clean Water State Revolving Fund (CWSRF) through the California State Water Resources Control Board (SWRCB)

3. Proposition 84 Integrated Regional Water Management (IRWM) through the California Department of Water Resources

4. Title XVI through the United States Bureau of Reclamation

5. Water Infrastructure Improvements for the Nation (WIIN) Act through the United States Bureau of Reclamation

4.4.1.1.1 WIFIA Funding

[Note to Proposers: These provisions are based on current terms that apply with respect to WIFIA funded projects and may require amendment to be consistent with the terms of the final WIFIA funding agreements and remain subject to further review.]

The JPA is pursuing Federal WIFIA funding for the Project. Pursuant to 40 CFR 33.301, a recipient is required to make good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement. Good Faith Efforts are required to ensure that all DBEs have the opportunity to compete for procurements funded by EPA financial assistance. These include:

a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources.

b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process.


This includes posting solicitations for bids or proposals for a minimum of 30 calendar days in a local newspaper.

c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing the total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process.

d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually.

e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce.

f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section.

Proposers are advised that they will be required to demonstrate they have taken the steps in paragraphs (a) through (e) listed above. Proposers must demonstrate compliance with DBE requirements by meeting the good faith requirements and submitting the completed forms located in Attachment C, Forms C.13-C.15 with the Proposal.

4.4.1.2 Labor Compliance

Package 1 will be financed in part with state and federal funds; therefore, the Design-Builder shall be required to comply with all pertinent statutes, rules and regulations promulgated by the state of California and the federal government. The Federal Prevailing Wage rates for the Work are predetermined by the United States Secretary of Labor under the Davis-Bacon Act (40 U.S.C. 27a). Similarly, the Work requires compliance with California Labor Code §§ 1770 et seq. Pursuant to Section 1773 of the California Labor Code, the general prevailing wage rates in the county where the Work will be performed have been determined by the Director of the DIR. These wages are set forth in the general prevailing wage rates for the Project, available from the DIR’s website at http://www.dir.ca.gov. The general prevailing wage rates refer to future effective general prevailing wage rates, which have been predetermined and are on file with the DIR, but such future rates are not printed in the general prevailing wage rates.

Design-Builder shall comply with all applicable State labor requirements, including Division 2, Part 7, Chapter 1 of the California Labor Code and those in Exhibit 18 to the Agreement. Design-Builder and each Subcontractor performing construction Work shall be registered prior to submitting a Proposal and shall maintain registration to perform public work pursuant to Section 1725.5 of the California Labor Code.

Upon completion of the DIR PWC-100 project registration form by the JPA, Design-Builder shall submit all certified payroll records to the JPA. Additionally, the Design-Builder is required to submit all certified payroll records to the California DIR. The DIR has fully developed its electronic payroll reporting system and its electronic certified payroll reporting system is now active. Design-Builder will have two options for uploading records: (a) mass upload using an xml schema flat file; or (b) direct data entry onto an online form.


Section 5: Requests for Information

5.1 Questions and Responses Regarding the RFP Proposers shall review the RFP and any Addenda issued by the JPA prior to the Proposal Submittal Deadline and request written clarification or interpretation of any perceived error, or of any provision that the Proposer fails to understand. Failure of the Proposer to request such clarification(s) or interpretation(s), and to so examine and inform itself shall be at its sole risk, and no relief for any such error will be provided by the JPA.

Proposers may submit questions regarding the RFP to the Owner Contact prior to the RFI Submittal Deadlines or such later date(s) as may be specified in an Addendum. The JPA will only consider comments and questions regarding the RFP, including requests for clarification and requests to correct errors, if submitted by a Proposer to the Owner Contact, by electronic transmission in the prescribed format. The JPA may elect not to respond to any such clarification requests received after the RFI Submittal Deadlines. Questions and responses regarding this RFP will be published without attribution to the requestor as part of periodic Addenda to this RFP. To the extent responses are provided, they will not be considered part of the Agreement, nor will they be relevant in interpreting the Agreement, except as expressly set forth in the Agreement.

Proposers will be limited to a maximum number of 75 comments/questions for the First Round of RFIs, 50 comments/questions for the Second Round of RFIs, and a new limit applying to each subsequent round of RFIs, if any, excluding comments/questions relating to the Technical Provisions, Reference Documents or corrections of typographical errors, incorrect cross references or inconsistencies/conflicts within or among the RFP Documents. If a comment/question has more than one subpart, each subpart will be considered a separate comment/question. The JPA may, in its sole discretion, change the maximum number of comments/questions by Addendum. Such comments/questions and shall: (i) be submitted electronically in writing in a format compatible and readable in Microsoft Word using Form C.21 (Proposer Comments/Questions Form); (ii) be sequentially numbered; (iii) identify the document (e.g., the RFP, specific RFP Attachment such as the Agreement, Technical Provisions, etc.); (iv) identify the relevant section number and page number (e.g., Technical Provisions, Section 3.2.2, page 3-9) or, if it is a general question, indicate so; (v) not identify the Proposer’s identity in the body of the question or contain proprietary or confidential information; and (vi) indicate whether the question is a Category 1, 2, 3 or 4 question.

As used above, “Category 1” means a potential “go/no-go” issue that, if not resolved in a fashion acceptable to Proposer, may preclude the Proposer from submitting a Proposal. “Category 2” means a major issue that, if not resolved in a fashion acceptable to Proposer, will significantly affect value for money or, taken together with the entirety of other issues, may preclude the Proposer from submitting a Proposal. “Category 3” means an issue that may affect value for money, or another material issue, but is not at the level of a Category 1 and Category 2 issue. “Category 4” means an issue that is minor in nature, a clarification, or a comment concerning a conflict between documents or within a document, etc.


Questions may be submitted only by the Proposer Representative, and must include the requestor’s name, address, telephone numbers, and the Proposer he/she represents. The JPA will only provide responses to the Proposer Representative.

The questions and the JPA’s responses will be in writing and will be delivered to all Proposers, except that the JPA intends to respond individually to those questions identified by a Proposer and deemed by the JPA as containing confidential or proprietary (“confidential”) information. If a Proposer believes a question contains confidential information (including that the question itself is confidential), it may mark such question as “confidential.” The JPA may disagree with Proposer’s assessment as to the confidentiality of information in the interest of maintaining a fair process or complying with applicable Governmental Rules.

Under such circumstances, the JPA will inform the Proposer and may allow the Proposer, within a time period set by the JPA, to withdraw the question, rephrase the question, or have the question answered non-confidentially or, if the JPA determines that it is appropriate to provide a general response, the JPA will modify the question to remove information that the JPA determines is confidential. If a Proposer fails to respond to the JPA within the time period set by the JPA, such failure shall be deemed Proposer’s consent to the JPA’s answering the question non-confidentially.

The JPA may rephrase questions as it deems appropriate and may consolidate similar questions. The JPA may also create and answer questions independent of the Proposers’ questions. The JPA may issue multiple sets of responses at different times during the procurement process. Except for responses to questions relating to the issuance of Addenda to the RFP, the last set of responses will be issued no later than the date specified in Section 6.6.

Proposers may submit revised drafts, in redline, of the RFP and Agreement (but not the Technical Provisions), in connection with the submission of their comments/questions per RFP version issued. Subject to the Public Records Act, the JPA will not circulate each Proposer’s revised drafts submitted, nor make such revised drafts public. The JPA will not respond to any such revised drafts, nor is the JPA obligated to review any such revised drafts, but the JPA may consider such revisions as it considers and prepares any Addenda.

There will be two rounds of RFIs:

• The Deadline for the First Round of RFIs is 3:00 pm, PST on April 24, 2020

• The Deadline for the Second Round of RFIs is 3:00 pm, PST on May 27, 2020

5.2 Addenda The JPA may, in its sole discretion, revise, modify or change the RFP and/or procurement process at any time before the Proposal Submittal Deadline through issuance of Addenda to the RFP. Addenda will be posted to the Microsoft Teams Site and Proposers will be notified of the issuance of such Addenda through their Proposer Representative. If any Addendum significantly impacts this RFP, as determined in the JPA’s sole discretion, the JPA may change the Proposal Submittal Deadline. The announcement of such new date will be included in the Addendum. In addition, if the last date for the Proposer to submit questions regarding the RFP has occurred or


has changed, the Addendum will indicate the latest date for submittal of any clarification requests concerning the Addendum.

Each Proposer shall acknowledge in its Proposal Letter receipt of all Addenda and question and answer responses. Failure to acknowledge such receipt may cause a Proposal to be deemed non-responsive and be rejected.


Section 6: Procurement Process and Schedule

6.1 Communication Protocols

6.1.1 Microsoft Teams Site Information pertaining to this RFP will be posted to the Microsoft Teams Site.

6.1.2 Owner Contact Mark Niemiec shall be the Owner Contact for the purposes of this RFP and shall facilitate the RFP process. All communications including RFIs shall be submitted in writing by email and shall specifically reference this RFP. All questions or comments should be directed to the Owner Contact as follows:

Mark Niemiec, P.E. Padre Dam Municipal Water District Director of Engineering and Planning [email protected]

Oral communications with the Owner Contact or any other individual affiliated with the ECAWP Project or the JPA are not permitted and will not be binding. Any contact, written or oral, with any public official, ECAWP JPA board member, ECAWP JPA member agency board member, staff, or advisor (including the Owner’s Advisor (OA)) regarding this RFP outside of the Owner Contact shall not be permitted. Failure to comply with these directions may result in disqualification.

Refer to Section 8.1 for more detailed requirements regarding communications protocols and improper contacts concerning this RFP.

6.1.3 Identification of Proposer Representative Prior to issuance of this RFP, Proposer shall have submitted to the JPA the name, physical address, and e-mail address of a representative authorized to receive documents, notices, and Addenda and act on behalf of Proposer relating to this procurement (Proposer Representative). Proposer shall notify the JPA of any changes in the Proposer Representative or the address for any notices or Addenda to be sent to Proposer by the JPA. Failure to identify a Proposer Representative in writing or to notify the JPA of any changes to the Proposer Representative may result in the Proposer failing to receive Addenda or other important communications from the JPA. The JPA is not responsible for any such failure.

6.2 Two-Step Process The JPA is using a two-step procurement process to select a Design-Builder for Package 1.

Step 1: RFQ and Shortlisting – The first step involved issuing the RFQ, conducting the pre-SOQ meeting, receiving SOQs from Respondents, and shortlisting three qualified Respondents. Step 1 has been completed.

mailto:[email protected]


Step 2: RFP and Selection – The second step involves issuing this RFP to the Shortlisted Respondents, holding proprietary Interactive Meetings, receiving Proposals, evaluating Proposals, additional reference checking, conducting interviews (if needed), selecting the highest ranked Proposer, and negotiating the Agreement.

Step 2 will include evaluation of Proposals based on the indicators of the Best Value. Evaluation of qualifications and experience will rely on information submitted in the Proposers’ SOQs during Step 1 and any supplemental information provided with their Proposals. For further information regarding evaluation and scoring criteria refer to Section 7.

Shortlisted Respondents were identified, in part, based on the combined qualifications of the Design-Build Team that were submitted in their SOQs. Each Proposer may add firms and individuals that enhance its Design-Build Team or address additional expertise requirements added by the JPA in this RFP. If a Proposer desires to replace any Principal Participant or Key Personnel (firm or individual) the Proposer shall comply with Section 6.4.

The JPA intends to invite Proposers to Interactive Meetings to discuss commercial and technical issues after release of this RFP. Answers to questions that arise after the issuance of this RFP may be addressed in the form of Addenda.

6.3 Interactive Meetings The JPA intends to conduct two confidential, proprietary, and interactive one-on-one meetings with each Proposer interested in responding to this RFP (Interactive Meetings). Attendance at these meetings is mandatory and all information will remain confidential with the exception of clarifications to the RFP made by the JPA, which will be issued by Addenda. The JPA anticipates that the mandatory Interactive Meetings will be held at Padre Dam’s headquarters; however, these meetings may be held through videoconference or other means at the JPA’s sole discretion. Each Interactive Meeting will be scheduled for two hours for each Proposer. The first Interactive Meeting shall focus on Package 1 technical items and provide the Proposer with the opportunity to present and discuss the Proposer’s approach to the Work with the JPA. The second Interactive Meeting shall focus on providing additional information about the ECAWP Project, this RFP, technical questions/clarifications, scope of work, and draft Agreement. The JPA will advise each Proposer of its proposed meeting times no later than two weeks prior to meeting. The JPA may hold further Interactive Meetings in its sole discretion upon notice to the Proposers.

Proposers shall prepare an agenda for their Interactive Meetings and send them to the Owner Contact at least 72 hours prior to the meetings. The JPA's guarantee of confidentiality is subject to Applicable Law.

Except as expressly provided otherwise in this RFP, the Interactive Meetings are subject to the following rules:

• The JPA will not discuss with any Proposer any information submitted as part of this procurement other than its own;

• Proposer shall not seek to obtain commitments from the JPA in the meetings or otherwise seek to obtain an unfair competitive advantage over any other Proposer;


• No aspect of these meetings is intended to provide any Proposer with access to information that is not similarly available to other Proposers. Accordingly, material information about the ECAWP Project or procurement that the JPA reveals or discusses in response to questions raised in an Interactive Meeting will be revealed to the other Proposers unless the JPA, in its sole discretion, determines that disclosure (i) would (a) impair the confidentiality of information submitted as part of this procurement or (b) reveal a Proposer’s confidential business strategies; (ii) is not necessary in order to address an error in this RFP, (iii) is not necessary for purposes of fairness and transparency; and (iv) is not required by the Public Records Act; and

• An agreement for confidentiality in the form of Attachment I will be signed by each meeting attendee, including JPA staff and others attending on the JPA's behalf, prior to the start of each Interactive Meeting.

During Interactive Meetings, Proposers may ask questions, and the JPA may provide responses. Responses provided by the JPA during meetings may not be relied upon unless such questions are submitted in writing and the JPA issues written responses by Addenda pursuant to Section 5.2.

The JPA will reflect its observations and evaluation of the Proposer’s performance during the first Interactive Meeting in the JPA’s scoring of the Proposer’s Technical Proposal. Proposers shall submit to the JPA any proposed changes to the commercial terms of the Agreement with their RFI. The JPA will not consider discussions of commercial terms in the second Interactive Meeting in its evaluation and scoring of Proposer.

6.4 Pre-Proposal Submittals; Changes in Proposer’s Organization and Key Personnel

Pre-Proposal Submittals include, and are required for, requested changes in Proposer’s organization (as described in Section 6.4.1).

6.4.1 Changes in Proposer’s Organization, Subcontractors, and Key Personnel

In order for a Proposer to remain qualified to submit a Proposal, unless otherwise approved in writing by the JPA, the Proposer’s organization as identified in the SOQ must remain intact for the duration of the procurement (i.e., until execution of the Agreement). If a Proposer wishes to make changes in the ownership of Proposer, Key Personnel, or Subcontractors identified in its SOQ including, additions, deletions, reorganizations, changes in equity ownership interests and/or role changes in or of any of the foregoing, the Proposer shall submit to the JPA a written request for its approval of the change as soon as possible but in no event later than the date and time in Section 6.6 for submission of Pre-Proposal Submittals, accompanied by the information specified for such Persons in the RFQ and this Section 6.4.1. Each request shall be addressed to the Owner Contact in accordance with Section 6.1.2. If a request is made to allow deletion of, or any role change by, any Key Personnel or Subcontractors identified in its RFQ, the Proposer shall submit such information as may be required by the JPA to demonstrate that the changed team continues to meet the RFQ and RFP criteria (pass/fail and technical). The Proposer shall submit an electronic copy, as well as an original and six copies of each such


request package. The JPA is under no obligation to approve such requests and may approve or disapprove in writing a portion of the request or the entire request at its sole discretion.

Except as provided in this RFP and in the Agreement, a Proposer may not make any changes in the ownership of Proposer, Key Personnel, or Subcontractors identified in its SOQ after the deadline in Section 6.6 for submission of Pre-Proposal Submittals. Notwithstanding the foregoing, the JPA may, in its sole discretion, after such date in Section 6.6, consider changes where prior timely submittals were not approved by the JPA; provided that Proposer shall remain solely responsible for submitting changes acceptable to the JPA and in no event shall the Proposal Submittal Deadline be extended or shall the JPA incur any liability for any disapproval of Key Personnel or Subcontractors. Between the deadline in Section 6.6 for submission of Pre-Proposal Submittals and execution of the Agreement, the JPA, in its sole discretion, will consider requests by Proposers to make changes in the Proposers’ organization, Key Personnel, or Subcontractors based only on unusual circumstances beyond the Proposer’s control.

Request for changes shall be accompanied by the information specified in the RFQ together with three references (no more than one per project) for each of the Key Personnel positions(s) for Projects of Similar Scope and Complexity worked on during the past 15 years; provided, however, that where the individual has only worked on one or two projects during the past 15 years (measured from the date of issuance of this RFP), the Proposer shall (i) affirmatively state that such individual has only worked on one or two projects during the past 15 years (measured from the date of issuance of this RFP); (ii) include references for each of such projects; and (iii) include references for projects worked beyond the past 15 years (measured from the date of issuance of this RFP) so that the number of references equals three in total. References for each individual shall be placed on that individual’s respective resume.

References shall be previous owners or clients with whom the identified personnel have worked within the past 15 years (measured from the date of issuance of this RFP) and shall include the name, position, company or agency, current postal and e-mail addresses and phone numbers. Proposers shall verify that contact information is correct and are advised that if the contact information provided is not current, the JPA may exclude the experience represented in determining qualifications.

6.4.2 Key Personnel Positions Key Personnel include those identified in the Proposer’s SOQ and approved changes in Section 6.4.1. Key Personnel not identified in the Proposer’s SOQ shall be identified in the Proposal. If a Proposer proposes more than one individual to serve in a Key Personnel role, each individual shall be considered a Key Personnel under this RFP and the Agreement.

Key Personnel are:

• Person responsible for the overall management of the Design-Build effort and Agreement

• Person responsible for the overall design


• Person(s) responsible for each engineering discipline (Civil, Architectural, Mechanical, Structural, Electrical, and Instrumentation/Control)

• Person responsible for the design management

• Person responsible for overall construction management effort (e.g., a construction project manager)

• Person responsible for on-site field supervision and direction of the construction (e.g., a superintendent);

• Person responsible for cost controls and budgeting

• Person responsible for scheduling

6.5 Guarantors A Guaranty of Design-Builder’s obligations under the Agreement shall be required where: (i) Proposer was advised by the JPA that a Guaranty would be required as a condition to shortlisting of Proposer; (ii) Design-Builder’s organization is a newly formed corporation or a limited liability entity; (iii) Proposer (or an Equity Member, if Proposer is a partnership, joint venture or limited liability company) is not the ultimate parent entity in its organizational/corporate structure; (iv) the form of organization of Proposer changes after shortlisting and the JPA determines, in its sole discretion, to require a Guarantor as a condition to approving such change; (v) Proposer’s financial capability adversely changes between SOQ submission and the Proposal Submittal Deadline, as determined by the JPA, in its sole discretion; or (vi) if financial statements of a Financially Responsible Party are provided to demonstrate financial capability of Proposer or an Equity Member. In the event a Guaranty is required, it must come from the ultimate parent or another entity acceptable to the JPA, in its sole discretion.

6.6 Procurement Schedule Dates in the procurement schedule for Package 1 are indicated in Table 1. Dates will be changed only by written Addenda as described herein.


Table 1 Package 1 Procurement Schedule

EVENT DATE Issue RFP April 10, 2020

Deadline for First Round of RFIs 3:00 pm, PST April 24, 2020

Responses to First Round of RFIs and Addendum Issued

May 13, 2020

Deadline for Pre-Proposal Submittals

3:00 pm, PST May 20, 2020

Responses to Pre-Proposal Submittals Issued

May 27, 2020

Deadline for Second Round of RFIs

3:00 pm, PST May 27, 2020

Interactive Meeting (Technical Approach)

June 3, 2020

Interactive Meeting (Commercial Issues)

June 4, 2020

Responses to Second Round of RFIs

June 22, 2020

Proposals Due (Proposal Submittal Deadline)

July 6, 2020

Interviews (if needed) [TBD]

Selection of Preferred Proposer August 6, 2020

Notice of Award and Signed Agreement

September 2020


Section 7: Submittal and Evaluation Process

7.1 Proposal Submittal Instructions Proposals are due at the following address no later than 3 PM, PST on July 6, 2020 (this time and date constitute the “Proposal Submittal Deadline”). The time and date of receipt will be based on the JPA’s physical acceptance of the Proposal. Postmarked, facsimile, or electronic timestamps will not be determinative of the time of receipt. Respondents are solely responsible for the timeliness of their submissions. The JPA will accept Proposals at the Engineering Counter in Padre Dam’s Customer Service Center located at:

9300 Fanita Parkway Santee, CA 92071

Alternatively, Proposals may be mailed to the following address:

Padre Dam Municipal Water District P.O. Box 719003 Santee, California 92072 ATTN: Clara Cornelius

Proposals shall be submitted in sealed packages with the following information clearly marked on the outside of each package:

Name of Proposer The word “Proposal” Proposal title: “EAST COUNTY ADVANCED WATER PURIFICATION PROJECT-

PACKAGE 1”

The JPA, in its sole discretion, may (a) disqualify any Proposer that submits excessive, extraneous, or illegible materials or does not comply with the requirements of this RFP, including the submittal instructions provided in this Section 7.1 and/or (b) remove the excessive, extraneous, or illegible materials from the Proposal. Proposals received by the JPA after the date and time specified will not be considered.

Except as provided in Section 3.2, the JPA will not be liable for costs incurred by a Proposer in preparing a Proposal or otherwise responding to this RFP. By submitting a Proposal or other response to this RFP, Proposer agrees to waive any claim against the JPA for costs incurred in connection with that Proposer or other response.

7.1.1 Modifications, Withdrawals, Validity, and Late Submissions of Proposals

7.1.1.1 Modifications to a Proposal A Proposer may modify its Proposal in writing prior to the Proposal Submittal Deadline. The modification shall conform in all respects to the requirements for submission of a Proposal. Modifications shall be clearly delineated as such on the face of the document to prevent


confusion with the original Proposal and shall specifically state that the modification supersedes the previous Proposal and all previous modifications, if any. If multiple modifications are submitted, they shall be sequentially numbered so the JPA can accurately identify the final Proposal. The modification must contain complete Proposal sections, complete pages or complete forms as described in Attachment C. Line item changes will not be accepted. Proposer shall deliver any such modification(s) in the types and manner described in Section 7.1; no facsimile or other electronically transmitted modifications will be permitted.

7.1.1.2 Withdrawal of a Proposal A Proposer may withdraw its Proposal at any time prior to the Proposal Submittal Deadline by written request signed by its Proposer Representative. A withdrawal of a Proposal will not prejudice the right of a Proposer to deliver a new Proposal provided that the Proposal is received before the Proposal Submittal Deadline. No Proposal may be withdrawn on or after the Proposal Submittal Deadline except to the extent agreed to by the JPA.

7.1.1.3 Validity of Proposals All Proposals are valid for a period of 120 days after the Proposal Submittal Deadline. No Proposer shall withdraw its Proposal within this 120 day period, unless notified by the JPA that: (a) no Agreement for Package 1 will be awarded by the JPA pursuant to this RFP; (b) the JPA has awarded the Agreement to another Proposer, and the JPA has received the executed Agreement and all other required documents from Design-Builder; (c) the JPA does not intend to award the Agreement to the Proposer, or (d) the JPA, in its sole discretion, will allow the Proposer to withdraw its Proposal. Any Proposer may, in its sole discretion, extend the validity of its Proposal beyond the 120 day period described above.

7.1.1.4 Late Submission of a Proposal Proposals received after the date and time set in Section 7.1 shall be rejected without consideration or evaluation.

7.2 Submittal Requirements

7.2.1 General Instructions Proposals must be submitted exclusively in the English language, inclusive of English units of measure. Financial terms must be in United States of America dollar denominations.

Proposals must be printed on 8½-inch by 11-inch single sided pages (½ inch margins), including preprinted material. 11-inch by 17-inch pages may be used, but their use should be minimized. Font size for the body of this response may be no less than 11-point, but smaller fonts may be used for graphics or tables.

Proposals must not exceed 30 pages (excluding a Table of Contents, Proposal Letter, and required Forms and Appendices in Volume 2, Volume 3, and Volume 4). Proposers are strongly encouraged to focus on the Project Goals, be concise in their submittals, and avoid excessive narrative or additional “boilerplate” that is not directly relevant to the evaluation criteria. The Proposal evaluation process will focus on the body of the Proposal and any required Appendices and Forms, and information provided in Appendices or Forms that was not required


may not be reviewed by the JPA. Supplemental marketing materials, brochures, or attachments are not desired and will not be considered.

When submitting Proposals (Volumes 1, 3, and 4), Proposers must provide seven hard-copies (one marked original and six copies) and one electronic format indexed, Adobe PDF file on a USB flash-drive at the location specified in Section 7.1 and no later than the Proposal Submittal Deadline. The PDF file shall be formatted to be read electronically and to easily accommodate color printing on standard page sizes of 8.5-inches by 11-inches and 11-inches by 17-inches. This file must not be use-restricted or password protected. If there is a conflict between paper and electronic copies of the Proposal, the JPA, in its sole discretion, shall determine which version shall control and take precedence.

Price Proposals (Volume 2) shall include one original paper document that contains the proposed Phase 1 NTE and Design-Builder’s Fee Percentage for each of Phase 1, Phase 2 and Phase 3, using the forms provided in Attachment F and including the submissions described in Section 7.3.7. The Phase 1 NTE and Design-Builder’s Fee Percentage for each of Phase 1, Phase 2, and Phase 3 shall be (1) prepared in accordance with Section 7.3.7 and (2) submitted in separate and sealed envelopes or packages separate from the remainder of the Proposal, with no electronic version included. This submission shall be labeled “Phase 1 NTE and Design-Builder’s Fee Percentages”.

In addition to the above labeling requirements, all documents to be submitted in sealed envelopes or packages shall have the following information clearly marked on the outside of each envelope or package:

• Name of Proposer

• Package 1

• Envelope [#], To be opened after all other scoring is completed

Failure to use sealed envelopes or packages or properly identify the Price Proposal in the manner described above may result in an inadvertent early opening of the envelope/package and may result in disqualification of the Proposer. The Proposer shall be solely responsible for any consequences, including disqualification, which result from any inadvertent early opening if the JPA determines that the Proposer did not follow the instructions in this Section 7. It is the Proposer’s sole responsibility to see that its Proposal is received in compliance with this RFP and by the Proposal Submittal Deadline. Proposals received after the Proposal Submittal Deadline shall be rejected without consideration or evaluation.

Notwithstanding the above, the JPA understands that due to recent circumstances hard copy submissions may not be advisable or practical. Accordingly, the JPA reserves the right to require electronic Proposal submissions. In the event electronic submissions are required, the JPA will provide submittal instructions by Addendum in advance of the Proposal Submittal Deadline.

7.2.2 RFP Format and Outline The Proposal shall consist of the following four volumes:


• Volume 1: Technical Proposal

Proposal Letter

Qualifications of Design-Build Team Members and Key Personnel

Management Approach

Technical Approach

Schedule and Approach to Sequencing of Work

Pricing Approach

• Volume 2: Price Proposal

Phase 1 NTE and Design-Builder’s Fee Percentages (Separate Sealed Envelopes)

• Volume 3: Financial Submittal Requirements

• Volume 4: Appendices and Forms

Proposers must organize their Proposal in the order outlined above and as further described in Section 7.3.

7.3 Proposal Organization

7.3.1 Volume 1: Proposal Letter The Proposal Letter must be signed in blue ink (wet signatures not graphic reproductions) by an authorized representative of the Proposer and all Equity Members and shall be accompanied by evidence of signatory authorization as specified in Form C.9. If the Design-Builder is a joint venture, an authorized representative for each member of the joint venture shall sign the letter and specifically state that, if the joint venture is selected as the Design-Builder, each member will be jointly and severally liable to the JPA for obligations arising out of the contracts between the joint venture and the JPA.

7.3.2 Volume 1: Qualifications of Design-Build Team Members and Key Personnel

The Proposer shall affirm the composition of its team and commitment of Key Personnel, Subcontractors, and other personnel (if any), as described in its SOQ.

If there are any material changes to the Proposer’s organization, Subcontractors, or Key Personnel submitted with Proposer’s SOQ, describe the changes in this section and provide, in Appendix C, updated information at the level of detail and in the format as required in Section 7.4.2 of the RFQ and Section 6.4.1 of this RFPin Appendix C. Indicate whether Proposer’s Pre-Proposal Submittal(s) regarding such change(s) was approved by the JPA. A full resubmittal of


the Proposer’s qualifications is not required – limit contents of this section to changes and updates to the SOQ, including any changes already described in a Pre-Proposal Submittal.

Any material change to a Proposer’s team is subject to the JPA’s approval at its sole discretion as described in Section 6.4.1.

7.3.3 Volume 1: Management Approach Proposer shall provide a narrative for each item below that: (1) clearly describes its approach to implementing the Work and managing the design, construction, startup and commissioning transitional operations and maintenance services, third party coordination, utility coordination, safety, mobilization, risk mitigation, schedule and cost control; (2) includes examples from previous experiences; and (3) describes how its approach will be beneficial to meeting the Project Goals.

A. Describe the anticipated roles and responsibilities of Design-Build Team members (design, construction, startup and commissioning, transitional operations and maintenance), including Subcontractors during each Phase. Additionally, describe the organizational structure of the Design-Build Team highlighting interaction with the JPA, the value provided to the Work and how it achieves a high functioning, collaborative team.

B. Discuss the Proposer’s collaboration approach with the JPA, including O&M staff and the Owner’s Advisor to achieve a high functioning team through each Phase. Describe the tools, techniques, and communication protocols that will be used by the Proposer to encourage, foster, and achieve this. The JPA intends for Key Personnel and other key Package 1 staff from the Design-Builder to co-locate with the JPA forattend specified meetings, workshops, and conversations in-person with the JPA in Phase 1. In Phase 2, the JPA intends for the Design-Builder to provide on-site joint work facilities for the JPA and Design-BuilderPackage . Include a discussion regarding the anticipated Design-Build Team staff members that will attend specified meetings, workshops, and conversations in-person in Phase 1 and be located on-site and off-site for each Phase 2 and Phase 3. For Key Personnel that are not in-person or on-site full time, describe how many days per week, on average, these Key Personnel will be in-person or on-site and how they will be able to effectively communicate with Key Personnel who are in-person or on-site. Identify the individual(s) who will be key in coordinating early decision items and how such individual(s) will facilitate collaborative decision-making between the JPA and the Design-Builder.

C. The Design-Builder selected to perform Package 1 will be required to self-perform at least 40% of the Work. With this in mind, describe the Proposer’s approach to self-performance and subcontracted Work and its value to the JPA. Describe the type of design and construction work Design-Build Team member(s) are anticipated to self-perform versus subcontract. Provide the percentage of construction work that the Design-Builder intends to either self-perform or perform through DB-Related Entities, as that term is defined in the Agreement.

D. Describe the Proposer’s approach to site management, interface and coordination, sequencing of work, including maintaining access to existing facilities throughout


construction, and coordinating with other contractors to minimize disruptions to neighborhoods and the ECAWP Project (including Package 2 and Package 3).

E. Describe the Proposer’s approach to Package 1 control system integration and integration among the ECAWP Project (including Package 2 and Package 3).

F. Describe the Proposer’s approach and overall goals for BIM implementation and CMMS integration and the value it provides to the JPA.

G. Describe the Proposer’s approach to regulatory and funding requirements for: (1) assisting the JPA’s efforts in securing Title 22 and RWQCB permits to deliver Purified Water to Lake Jennings as well as maintaining the existing RWQCB permit; (2) acquiring all permits and Governmental Approvals necessary for construction, occupancy, and operation of the Package 1 Facilities within the Package 1 schedule; (3) complying with CEQA requirements; and (4) complying with government (federal and state) grant and loan requirements.

H. Discuss what Package 1 risks the Proposer has identified and how they will strategize/coordinate with the JPA to address and mitigate these risks.

I. Describe Proposer’s strategy to meet safety commitments and requirements during each Phase.

J. Describe Proposer’s plan and approach to quality management during all Phases of the Project (i.e., through design, construction and transitional O&M). Outline the systems that will be employed to ensure the Work is executed with minimal requirements for corrective work. Discuss the Proposer’s plan and approach for providing Quality Control (QC) services during construction and integrating with third party Quality Assurance (QA) personnel to create a collaborative and high functioning QA/QC process.

7.3.4 Volume 1: Technical Approach The Proposer shall provide a description of its technical approach to all Phases of the Work.

A. The Proposer shall demonstrate its knowledge of Package 1 requirements. Proposers shall provide a narrative that clearly identifies key project issues/challenges and describes its understanding of, and ways to mitigate and effectively address, these key project issues/challenges in design, construction, and transitional O&M of Package 1. The Proposer should describe examples of previous experiences in addressing similar issues/challenges and how its project understanding and experience is beneficial to meeting the JPA’s objectives and Project Goals.

B. Include detailed descriptions of innovative or alternative ideas and approaches to completing the Package 1 design, construction, transitional and long-term O&M in a cost efficient manner. Innovation shall be demonstrated through design concepts, construction materials and methods, and O&M strategies that achieve the Project Goals without sacrificing quality, regulatory compliance, water production quantities, water quality requirements, or O&M costs. Provide examples of where suggested innovative or alternative approaches have been successfully implemented by the Proposer.


C. Describe recommended state of the art processes and their benefit to this Project (e.g., achieving higher RO recovery rates to more effectively produce a potable water supply, etc.).

D. Describe how the Proposer will approach creating and optimizing space layout and cost efficiencies in building design and energy usage while providing a quality visitor/tour experience.

D.E. Describe the Proposer’s initial thoughts and considerations surrounding start-up, testing, and commissioning of the Package 1 Facilities and the ECAWP Project.

E.F. Explain how the Proposer’s approach to design, construction, and transitional O&M of Package 1 will result in a reduction in environmental impacts, increased cost efficiencies meeting Lifecycle Objectives, and other project benefits.

7.3.5 Volume 1: Schedule and Approach to Sequencing Work Proposer shall provide narrative describing its scheduling and approach to sequencing of work for Phase 1 and Phase 2 and explaining its strategies to meet the ECAWP Project Schedule while avoiding interference with ongoing operations or Package 2 and Package 3.

A. Proposer shall provide, in Appendix B of Volume 4, Baseline Phase 1 Project Schedule and Schedule of Deliverables, which shall:

a. Be furnished on 11-inch by 17-inch pages.

b. Be consistent with the Proposer’s project approach and understanding of the Work and include: (1) the Package 1 critical path; (2) deliverables, meetings and anticipated milestone deliverable content; and (3) the Proposer’s scheduling approach and sequencing.

c. Follow a similar work breakdown structure as the Scope of Work (Phase 1) and include the tasks to be performed during Phase 1 (including those identified in the Design-Builder’s Activities Proposal).

B. Proposer shall provide a schedule narrative for Phase 2 Work, which shall:

a. Include a construction sequencing approach for Phase 2 to achieve date-certain completion, including potential use of early start packages to improve the anticipated project schedule.

b. Describe any potential time saving ideas and approaches.

c. Describe how Package 1 time will be recovered should the Design-Build Team fall behind schedule.

d. Describe how Package 1 integrates into the overall ECAWP Project Schedule, including coordination efforts with the other packages and any potential efficiencies for the Package 1, Package 2, or Package 3 schedules.


e. Describe the tools used in the Proposer’s scheduling process and how those tools will assist the Proposer in satisfying the Project Goals. Address scheduling coordination with the JPA, including with respect to ongoing operations and anticipated reporting frequencies and submittal timeframes performed in accordance with the Scope of Work (Attachment D) and Agreement (Attachment B).

f. Identify challenges to the topics noted above and explain how the Proposer will address those challenges.

7.3.6 Volume 1: Pricing Approach The Proposer shall provide a description of its overall pricing approach for the Work by providing a narrative for each item below that clearly describes the Proposer’s approach to pricing the Work.

A. Referring to the cost estimates and “Reference Documents” provided as Attachment A, Proposer shall provide a Cost Analysis of the JPA’s cost estimate that includes:

• A review and summation of the cost estimates’ reasonableness for the Work, based on the design assumptions as described in the Reference Documents.

• Include a table of specific elements, if any, from the cost estimates that the Proposer deems to be noteworthy (high or low) and provide an explanation as to why and identify the potential cost impact.

• Describe how the Proposer will achieve efficiency in design and pricing to lower the overall cost of Package 1, while maintaining quality and operational requirements.

• Describe any major risks in achieving a GMP that is in alignment with the provided cost estimates and how the Proposer will mitigate those risks.

B. Provide the Proposer’s approach to developing a Target Cost Proposal and subsequent iterative Phase 2 GMP Proposal and Phase 3 GMP Proposal as required by the Scope of Work (Phase 1). Include strategies the Proposer will implement to maintain the desired JPA budget for Package 1.

C. Describe the Proposer’s approach to developing its cost model, including key assumptions as well as the Proposer’s recommended reporting and trending capabilities.

D. Describe the Proposer’s processes and tools for monitoring, reporting and managing costs including:

• Control and reporting processes for designing to budget.

• Scope, cost and schedule baseline development and management/change control processes and the participation and interaction among the scheduling,


estimating, project, design, construction, and operations management teams to execute these processes.

• Risk management processes and how quantified risk cost and schedule values are factored into the cost and schedule baseline, projected cost and schedule performance, and cash flow reporting.

• Cash flow reporting processes and basis for monthly cash flow estimated values.

• Document control system integration with work breakdown structure and responsibility assignment matrix or organizational structure.

• Input from specialty contractors.

E. Explain the Proposer’s philosophy on contingency, including the development and management of Contingencies allowed under the Agreement.

F. Describe the Proposer’s project controls, invoicing and cost tracking (including the need to address state and federal payroll-reporting requirements).

G. Discuss and demonstrate the Proposer’s approach to ensuring equipment, material, and cost competitiveness for both subcontracted and self-performed work. Discuss key control steps and/or measures in both the design and the construction of Package 1.

H. Describe the Proposer’s approach, and collaboration with the JPA, to meet the Lifecycle Objectives.

7.3.7 Volume 2: Phase 1 NTE and Design-Builder’s Fee Percentages (Separate Sealed Envelopes)

The Proposer shall submit completed Phase 1 NTE and Design-Builder’s Fee Percentage Forms included in Attachment F.

The Proposer shall submit the completed Phase 1 NTE and Design-Builder’s Fee Percentage Forms and the items listed below in three separate and sealed envelopes. Each envelope shall be labeled “Phase # Pricing”.

A. Include the proposed Phase 1 NTE.

B. Include the proposed Design-Builder’s Fee Percentage for each of Phase 1, Phase 2 and Phase 3. Separate these percentages by Phase 1, Phase 2 and Phase 3.

C. Include hourly billable rates for all personnel and Design-Builder-owned equipment rates to form the initial Table of Rates and Prices. Separate these rates by Phase 1 and Phase 2. Phase 3 rates are not required.

D. Include supporting data, technical memoranda, calculations, formulas, unit and materials prices (as applicable) and any other cost, charge and fee information used by the Proposer in the creation and derivation of its Proposal.


E. Include copies of all offers, data and information relating to cost and pricing data, received from all Listed Subcontractors and any other potential subcontractors that provided data and information used as the basis for the Proposal.

F. Separate all materials, data, and information referenced above by Phase 1, Phase 2 and Phase 3, as applicable.

The proposed Design-Builder’s Table of Rates and Prices submitted shall be the Design-Builder’s Fee Percentages and rates as of the Effective Date and shall be applicable to the Work, as specified under the Agreement.

Please be advised that the JPA is not interested in proposed fees, rates, or percentages that provide excessive discounts from the Design-Builder’s anticipated actual costs for the requested services. If the JPA determines (at its sole discretion) that the fees, rates, or percentages included in a Proposal are unacceptably below industry norms or that a Proposer’s fees, rates, or percentages are substantially or unacceptably below other Proposals, the JPA may (at its sole discretion) either declare that Proposal to be non-responsive or seek additional detailed information from that Proposer concerning the cost basis for its fee and rate proposal, prior to rendering a decision on the Proposal’s responsiveness.

7.3.8 Volume 3: Financial Submittal Requirements 7.3.8.1 Financial Statements Financial statements furnished by the Proposer as part of Step 1 in its SOQ are sufficient for the purposes of this RFP. If there is no change from the Proposer’s SOQ and none is pending, the Proposer shall affirm the validity of the financial statements furnished by the Proposer in its SOQ and provide a letter so certifying. However, if one of the following conditions is met, then the Proposer shall submit an amended financial statement in Volume 3 of their Proposal:

• If Proposer has a material change or amended financial statement from the past three fiscal years since the submittal of its SOQ

• An amended financial statement is requested by the JPA

Audited financial statements shall be provided for the Proposer, each Equity Member and, if applicable, the Contractor and each Financially Responsible Party. In each case, if the entity is a consortium, partnership or any other form of a joint venture, provide financial statements for all such members. If unaudited financial statements are provided, Proposer should state that audited statements are not available.

If the entity has been in existence for less than three fiscal years, the Proposer shall expressly state that such entity has been in existence for less than three fiscal years and shall provide financial statements for the number of fiscal years (or portions of fiscal years) it has been in existence.

The financial statements shall include:

A. Opinion Letter (Auditor’s Report);


B. Balance Sheet;

C. Income Statement;

D. Statement of Cash Flow; and

E. Footnotes.

For purposes of clarity, interim financial statements are not required to be audited and an opinion letter (auditor’s report) is not required. However, interim financial statements must be prepared following the same guidelines (U.S. GAAP or IFRS) as the audited financial statements.

The financial statements must meet the following requirements:

A. GAAP/IFRS: Financial statements must be prepared in accordance with U.S. Generally Accepted Accounting Principles (U.S. GAAP) or International Financial Reporting Standards (IFRS). If financial statements are prepared in accordance with principles other than U.S. GAAP or IFRS, a letter must be provided from a certified public accountant discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP or IFRS. A restatement of the financial information in accordance with U.S. GAAP or IFRS is not required.

B. U.S. Dollars: Financial statements shall be provided in U.S. dollars, if available. If financial statements are not available in U.S. dollars, the Proposer must include summaries of the Income Statements, Statements of Cash Flow, and Balance Sheets for the applicable time periods converted to U.S. dollars by a certified public accountant with a description of the formula for conversion.

C. Audited: Financial statements must be audited by an independent party qualified to render audit opinions (e.g., a certified public accountant). If audited financials are not available for an entity, the Proposal shall include unaudited financial statements for such entity, certified as true, correct and accurate by the chief executive, chief financial officer or treasurer (or by such equivalent position or role) of the entity.

D. English: Financial statement information must be prepared in English. If audited financial statements are prepared in a language other than English, then translations of all financial statement information must accompany the original financial statement information and that English translation will control in the event of a conflict with the original.

E. Newly Formed Entity: If Proposer, any Equity Member or, if applicable, the Contractor and any Financially Responsible Party is a newly formed entity and does not have independent financial statements, financial statements for the equity owners of such entity shall be provided (and the entity shall expressly state that the entity is a newly formed entity and does not have independent financial statements).

F. SEC Filings: If any entity for which financial information is submitted hereby files reports with the Securities and Exchange Commission, then such financial statements shall be provided through a copy of their annual report on Form 10K. For all subsequent quarters,


provide a copy of any report filed on Form 10Q or Form 8-K which has been filed since the latest filed Form 10K.

G. Confidentiality: Proposer shall identify any information which it believes is entitled to confidentiality by identifying as confidential in accordance with Section 8.4.

H. Credit Ratings: Proposer shall provide a list identifying: (i) each entity for which financial statements are provided; (ii) a statement indicating whether each entity has a credit rating from a nationally recognized rating agency (such as Fitch Ratings, Moody’s Investor Service, and Standard & Poor’s Ratings Group); (iii) if so, providing a copy of its current credit rating, and (iv) identify any rating actions taken from the date of the SOQ until the Proposal Submittal Deadline for each entity for which a credit rating is provided. If Proposer does not have a credit rating, provide a statement to that effect.

7.3.8.2 Material Changes in Financial Condition

Provide information regarding any material changes in financial condition for the Proposer, each Equity Member and, if applicable, Contractor and each Financially Responsible Party since the submittal of Proposer’s SOQ.

If no material change has occurred and none is pending, each of these entities shall provide a letter from their respective chief executive officer, chief financial officer, or treasurer (or equivalent position or role) so certifying.

In instances where a material change has occurred, or is anticipated, the affected entity shall provide a statement describing each material change in detail, actual and anticipated association changes or disruptions in executive management, the likelihood that the developments will continue during the period of performance of the Work, and the projected full extent, nature and impact, positive and negative, of the changes experienced and anticipated to be experienced in the periods ahead. Include discussion of how the change is anticipated to affect the organizational and financial capacity, ability, and resolve of the Proposer, each Equity Member, Contractor, and each Financially Responsible Party as applicable, to remain engaged in this procurement and submit a responsive proposal.

Estimates of the impact on revenues, expenses, and the change in equity shall be provided separately for each material change as certified by the chief executive officer, chief financial officer, or treasurer (or equivalent position or role).

References to the notes in the financial statements are not sufficient to address the requirement to discuss the impact of material changes.

Where a material change will have a negative financial impact, the affected entity shall also provide a discussion of measures that would be undertaken to insulate the ECAWP Project, Package 1, and the Work from any recent material changes and those currently in progress or reasonably anticipated in the future.

If the financial statements indicate that expenses and losses exceed income in each of the three completed fiscal years or in the aggregate over such period (even if there has not been a material


change), the affected entity shall provide a discussion of measures that will be undertaken to make the entity profitable in the future and an estimate of when the entity will be profitable.

Below is a representative list of events intended to provide examples of what the JPA considers a material change in financial condition. This list is intended to be indicative only. At the discretion of the JPA, any failure to disclose a prior or pending material change may result in disqualification from further participation in the selection process.

Representative material changes include:

A. An event of default or bankruptcy involving the affected entity, or the parent corporation of the affected entity;

B. A change in tangible net worth of 10% or more of shareholder equity;

C. A sale, merger, or acquisition exceeding 10% of the value of shareholder equity prior to the sale, merger or acquisition which in any way involves the affected entity or parent corporation of the affected entity;

D. A downgrade in credit rating for the affected entity or parent corporation of the affected entity;

E. Non-payment of any debt service;

F. Inability to meet material conditions of loan or debt covenants by the affected entity or parent corporation of the affected entity which has required or will require a waiver or modification of agreed financial ratios, coverage factors or other loan stipulations, or additional credit support from shareholders or other third parties;

G. In the current and three most recently completed fiscal years or in the aggregate over the three most recently completed fiscal years, the affected entity or the parent corporation of the affected entity either: (i) incurs a net operating loss; (ii) sustains charges exceeding 5% of the then shareholder equity due to claims, changes in accounting, write-offs or business restructuring; or (iii) implements a restructuring/reduction in labor force exceeding 200 positions or involves the disposition of assets exceeding 10% of the then shareholder equity;

H. Any threatened or pending litigation that could have a material effect on the entity or impact its status as a going concern; or

I. Other events known to the affected entity which represents a material change in financial condition over the past three fiscal years or may be pending for the next reporting period.

7.3.8.3 Financially Responsible Party Letter of Support

If financial statements of a Financially Responsible Party are provided to demonstrate financial capability of Proposer, Equity Members or, if applicable, the Contractor, an appropriate letter from the applicable Financially Responsible Party must be provided confirming that it will financially support all the obligations of Proposer, the Equity Member or, if applicable, the Contractor, as


applicable with respect to the Work. If financial statements are not provided for a Proposer, the entity that supplies the financial statements shall be a Financially Responsible Party. This letter must be signed by the chief executive officer, chief financial officer or treasurer (or equivalent position or role) of the Financially Responsible Party.

If a Financially Responsible Party is identified for the Contractor, then such Financially Responsible Party may, in the JPA’s sole discretion, be required to guarantee the performance of the Contractor.

If there is no change from the Proposer’s SOQ to a Financially Responsible Party and none is pending, each Financially Responsible Party shall provide a letter from their respective chief executive officer, chief financial officer, or treasurer (or equivalent position or role) so certifying.

Proposers shall note that the JPA may, based upon the review of the information provided pursuant to Volume 3, or Proposer’s form of organization, specify that an acceptable Financially Responsible Party or a parent or affiliate guaranty is required as a condition precedent prior to qualification or award of the Agreement. For purposes of this paragraph, (a) “parent” means parent companies at any tier and (b) “affiliate ” means: (i) subsidiary companies at any tier; (ii) entities under common ownership; (iii) joint ventures and partnerships involving such entities (but only as to activities of joint ventures and partnerships involving Proposer, any Equity Member or, if applicable, Contractor, as a joint venture or partner and not to activities of other joint ventures or partners not involving Proposer, any Equity Member or, if applicable, Contractor); and (iv) other financially liable or responsible parties for the entity.

7.3.8.4 Surety Letter

Provide a notarized letter from an eligible surety in the form provided in Attachment C.3 (Form of Surety Letter of Intent) in Volume 3 updated subsequent to the Proposer’s SOQ, verifying that the Proposer has a minimum bonding capacity of $260 million available for the Work for each of the performance and payment bonds. Letters can be provided that exceed the minimum aggregate dollar amount provided in Attachment C.3, but letters indicating “unlimited” bonding capability are not acceptable.

In instances where the response to this Section 7.3.8.4 contains descriptions of proposed or anticipated material changes in the financial condition of the Proposer as required for the next reporting period, a certification that the eligible surety’s analysis specifically incorporates a review of the factors surrounding the proposed or anticipated material changes in the financial condition of the Proposer and identifying any special conditions which may be imposed before issuance of surety bonds for the Work.

For purposes of this Section 7.3.8.4, an “eligible surety” is a bonding surety licensed in the State of California, listed on the U.S. Department of the Treasury’s “Listing and Approved Sureties” (found at https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm), rated “A” or higher by at least two nationally-recognized rating agencies (Fitch Ratings, Moody’s Investor Service, and Standard & Poor’s Ratings Group) or rated least at “A-” according to A.M. Best’s Financial Strength Rating and Financial Size. The Design-Builder will be required to maintain the minimum bonding capacity as described in the Agreement for the duration of the Agreement.

Subject to the express provisions of the Agreement, Proposers should note that:


A. the Design-Builder’s Phase 1 Performance Bond shall remain in place through the date on which the Design-Builder provides the Phase 2 Performance Bond;

B. the Phase 2 Performance Bond shall remain in place until completion of the Phase 2 Work. A Phase 3 Performance Bond will be required as a condition precedent to Completion; and

C. the Phase 3 Bond will be released upon the Expiration Date provided the Design-Builder is not in default of and otherwise satisfies the conditions of the Agreement.

7.3.8.5 Insurance Certifications

Provide the insurance certifications meeting the requirements specified in Section 4.3.

7.3.9 Volume 4: Appendices and Forms Volume 4 shall include the following appendices and forms:

• Appendix A – Scope of Work (Phase 1)

• Appendix B – Baseline Phase 1 Project Schedule and Schedule of Deliverables

• Appendix C – Updated SOQ Materials

• Appendix D – Completed Proposal Forms

• Appendix E – Completed Stipend Agreement

7.4 Evaluation Process

7.4.1 Pass/Fail and Responsiveness Evaluation The Technical Proposals and the Price Proposals will be reviewed (a) for the Proposal's conformance to the RFP instructions regarding organization and format and responsiveness to the requirements set forth in the RFP and (b) based on the pass/fail criteria set forth below. Any Proposal that fails to be found responsive or pass any of the pass/fail criteria may not be eligible for recommendation for award. Responsiveness shall be assessed on the basis of overall responsiveness, with the JPA retaining the sole discretion to disregard or waive minor informalities, irregularities, omissions, nonconformities, discrepancies and apparent clerical mistakes. Ultimate decisions and determinations of responsiveness and pass/fail criteria shall be made by the Proposal Evaluation Committee (PEC).

In the event that a Proposal contains or omits information that may potentially result in a “fail” determination, the JPA may, but is not required to, request additional or clarifying information from the Proposer prior to a final pass/fail determination.

Those Proposals not responsive to this RFP, or that do not pass all of the pass/fail criteria, may be excluded from further consideration, and the Proposer will be so advised. The JPA may also exclude from consideration any Proposer whose Proposal contains a material misrepresentation. The JPA reserves the right in its sole discretion to disregard or waive minor


informalities, irregularities, nonconformities, discrepancies, omissions and apparent clerical mistakes which, in each case, are unrelated to the substantive content of the Proposals.

7.4.1.1 Technical Proposals Technical Proposals will be evaluated based on the following pass/fail criteria:

(a) The business form of the Proposer, and any Persons that will have joint and several liability under the Agreement or that will provide a performance guaranty (including any joint venture agreement, partnership agreement, operating agreement, articles of incorporation bylaws or equivalent documents) is consistent with the requirements of the Agreement and provides for continuation of Proposer (and Design-Builder) in the event of bankruptcy or withdrawal of any of its members.

(b) The information, certifications, signed statements and documents as listed in Section 7.2 do not identify any material adverse information.

(c) The Technical Proposal contains the required materials as listed in Section 7.2.

(d) The ownership of Proposer and the Equity Members and Major Subcontractors have not changed since the SOQ, or the Proposer has previously sought consent of the JPA to a change, the JPA has consented to such change, and the Proposal attaches a copy of the JPA’s written consent thereto.

(e) Proposer, and each of Proposer’s Equity Members, Major Subcontractors, other Subcontractors identified in the Proposal and Financially Responsible Parties have delivered a properly completed and executed Conflict of Interest Policy (Attachment H) and no material and unresolvable conflicts, in the JPA’s sole discretion, have been identified.

(f) Proposer’s Schedule and Approach to Sequencing Work submitted pursuant to Section 7.3.5 is consistent with the Completion Deadlines in the Agreement.

(g) Proposer has delivered written evidence, satisfactory to the JPA, in its sole discretion, from an insurance company(ies), broker(s), agent(s) or advisor(s) expressly indicating that Proposer (and Design-Builder) will be able to obtain and maintain the insurance types and amounts required by the Agreement and can do so under the terms, and subject to the conditions, specified in Section 25 and Exhibit 17 of the Agreement.

(h) Proposer has delivered all other documents, properly completed and signed (if required), in form and substance as specified under the RFP Documents, and such documents do not identify any material adverse information.

7.4.1.2 Price Proposals Price Proposals will be evaluated on the following pass/fail criteria:

(a) The Price Proposal contains all materials required by Section 7.2.


7.4.1.3 Financial Submittals Financial Submittals will be evaluated on the following pass/fail criteria:

(a) A letter from the Surety with respect to the Performance Bond and the Payment Bond, as described in Section 7.3.8.4, is provided.

(b) Based on the information provided pursuant to Section 7.3.8, the Proposer's (and each of its Equity Member(s)’) financial condition and capabilities shall not have materially adversely changed from its financial condition and capabilities as provided in the SOQ, such that the Proposer (by and through its Equity Member(s)) continues to have the financial capacity to perform the Work. Factors that will be considered in evaluating the Proposer’s financial capacity include the following:

(i) Profitability;

(ii) Capital structure;

(iii) Ability to service existing debt; and

(iv) Other commitments and contingencies.

If the JPA determines that a Proposer does not appear to have the financial capability to fulfill its obligations under the Agreement, it may offer the Proposer the opportunity to meet the financial requirement through one or more Guarantors acceptable to the JPA.

(c) If a Guaranty is required by the JPA pursuant to Section 6.5, the financial condition and capabilities of Proposer’s Guarantor(s) demonstrate Guarantor’s financial capacity and ability to guarantee the obligations of Proposer pursuant to the form of Guaranty attached as Exhibit 12 to the Agreement. Factors that will be considered in evaluating the proposed Guarantor’s financial capacity include the following: (i) profitability, (ii) capital structure, (iii) ability to service existing debt, and (iv) other commitments and contingencies.

7.4.2 Overview of Evaluation for Technical Proposals In the evaluation of a Proposer’s Technical Proposal:

A. Provided there are no proposed changes to Proposer’s team, as described in its SOQ, Proposer’s scores related to “Qualifications of Design-Build Team Members and Key Personnel” (as described in Section 7.4.2 of the RFQ) shall carry over, be scored as a ratioratioed based on the possible points in the Proposal and RFQ (50 points ÷ 40 points), and be applied to this evaluation criteria. If the JPA determines, in its sole discretion, that any change to a Proposer’s team materially alters its capacity and capabilities, the JPA may re-evaluate that Proposer based on the scoring criteria provided in the RFQ, taking into account the submittal requirements in Section 7.3.2;


B. Proposer’s Management Approach will be evaluated in accordance with the criteria in Section 7.3.3;

C. Proposer’s Technical Approach will be evaluated in accordance with the criteria in Section 7.3.4;

D. Proposer’s Schedule and Approach to Sequencing Work will be evaluated in accordance with the criteria in Section 7.3.5; and

E. Proposer’s Pricing Approach will be evaluated in accordance with the criteria in Section 7.3.6.

7.4.3 Technical Proposal Scoring Criteria In the scoring of each of the criteria, the Evaluation Committee will identify significant and minor strengths and weaknesses from the submittal requirements for each criterion.

A. The term “strength” ultimately represents a benefit to the ECAWP Project and is expected to increase the Proposer’s ability to meet the Project Goals. A minor strength has a slight positive influence and a significant strength has a considerable positive influence on the Proposer’s ability to meet the Project Goals.

B. The term “weakness” ultimately represents a detriment to the ECAWP Project and is expected to decrease the Proposer’s ability to meet the Project Goals. A minor weakness has a slight negative influence and a significant weakness has a considerable negative influence on the Proposer’s ability to meet the Project Goals.

7.4.4 Price Proposal Scoring Criteria The Proposer’s Price Proposal Score will be the sum of (i) the Design Builder’s Fee Percentage (Phase 1) score (ii) the Design-Builder’s Fee Percentage (Phase 2) score, plus (iii) the Design-Builder’s Fee Percentage (Phase 3) score. The JPA will score each element of the Price Proposal in accordance with the following formulas:

(i) Lowest Design-Builder’s Fee Percentage (Phase 1) submitted by any Proposer ÷ Design-Builder’s Fee Percentage (Phase 1) × 5 = Design Builder’s Fee Percentage (Phase 1) score

(ii) Lowest Design-Builder’s Fee Percentage (Phase 2) submitted by any Proposer ÷ Design-Builder’s Fee Percentage (Phase 2) × 35 = Design Builder’s Fee Percentage (Phase 2) score

(iii) Lowest Design-Builder’s Fee Percentage (Phase 3) submitted by any Proposer ÷ Design-Builder’s Fee Percentage (Phase 3) × 10 = Design Builder’s Fee Percentage (Phase 3) score

7.4.5 Evaluation Overview and Structure The JPA will establish a PEC to review and score Proposals and identify a Preferred Proposer, with assistance from advisors (including outside consultants) and other qualified individuals. The PEC will include representatives from member agencies of the JPA, other ECAWP Project partners, or other persons selected by the JPA in its sole discretion. The PEC may be different


than the committee that evaluated SOQs in Step 1. The primary responsibility of advisors will be to assist the PEC in making an educated and informed assessment of the individual strengths and weaknesses of the Proposals. Observers with specific interests and responsibilities associated with the ECAWP Project may be invited to observe aspects of the evaluation process. The JPA reserves the right to modify evaluation committee membership at any time. All evaluators, advisors and observers will be required to sign confidentiality statements and conflict of interest disclosures, or otherwise be subject to JPA confidentiality restrictions and conflict of interest requirements.

At various times during the evaluation process, the JPA may request additional information or clarification from the Proposer or may request the Proposer to verify or certify certain aspects of its Proposal. The scope, length, and topics to be addressed in any such clarification response shall be prescribed by, and subject to, the sole discretion of the JPA.

The JPA will schedule Interactive Meetings with each Proposer, in accordance with Section 6.3, and may, in its sole discretion, schedule interviews with Proposers on a one-on-one basis for the purpose of enhancing the JPA’s understanding of the Proposal and obtaining clarifications of the materials contained in the Proposals. The interviews with a Proposer may consist of an oral presentation by the Proposer and a questions and answers portion administered by the JPA. Each Proposer shall be responsible for the organization and structure of their interview/oral presentation. Interviews shall be used to provide the Proposer an opportunity to: (a) demonstrate clarity of expression and thoroughness; (b) demonstrate a strong understanding of the Work and ECAWP Project; (c) articulate its thoughts and ideas in a logical and factual manner; (d) demonstrate communication between team members and impressions of ability to work cohesively; and (e) provide direct, clear, thorough and insightful answers to questions. The JPA will score each Proposer’s Interactive Meeting that focused on Package 1 technical items and interview, if needed, based on the Evaluation Criteria in Section 7.4.6. The JPA will not consider discussions of commercial terms in its evaluation and scoring of Proposer.

At the conclusion of this evaluation process, Proposers may be required to submit written confirmation of any new information and clarifications provided during an interview. If required, follow-up interviews may be scheduled at a later date. Upon receipt of requested clarifications and additional information as described above, if any, the Proposals will be re-evaluated to include the clarifications and additional information.

Evaluations of Proposals are subject to the sole discretion of the JPA and its staff, with assistance from such professional and other advisors as the JPA may designate. The JPA will make the final determination of the successful Proposer, as it deems appropriate, in its sole discretion, and in the best interests of the ECAWP Project and Work.

Each Proposer will be notified in writing whether or not it has been selected as the Preferred Proposer.

7.4.6 Summary of Evaluation Criteria and Weighting The evaluation criteria are intended to allow the JPA to evaluate specific aspects of a Proposer’s Proposal. Scoring as defined in the evaluation criteria presented below will be based on how well the Proposers in their Technical Proposal, Interactive Meeting that focused on Package 1 technical items, interview (if needed) and Price Proposals address the Project Goals.


The JPA will evaluate and rank the Proposers by scoring the evaluation criteria summarized in Table 2.

Table 2 Summary of Technical Proposals, Interactive Meetings, Possible

Interviews, and Price Proposal Scoring

Criteria Maximum Possible Points Qualifications of Design-Build Team Members and Key

Personnel

50

Technical Proposal, Interactive Meeting (Technical), and Possible Interview Scoring Management Approach 80

Technical Approach 80 Schedule and Sequencing of Work 40

Pricing Approach 20 Subtotal 220

Price Proposal Scoring Design-Builder’s Fee Percentage (Phase 1) 5 Design-Builder’s Fee Percentage (Phase 2) 35

Design-Builder’s Fee Percentage (Phase 3) 10

Subtotal 50 Total 320

7.4.7 Evaluation of Proposals by PEC After completion of, or concurrently with, the responsiveness evaluation, the PEC will evaluate the Proposer’s Proposal based on the Proposal Evaluation Criteria in Section 7.3 to determine the extent to which the Proposal meets the requirements of this RFP and the extent to which benefits or value is provided to the JPA. Proposal scores will be determined as described in Section 7.4.6.

7.4.8 Scoring of Proposals and Best Value Determination The best value determination will be based on a 320 point scale. The PEC will evaluate, score, and rank the responsive Proposals that satisfy the evaluation criteria in Section 7.4.6. The determination of the highest ranked Proposal shall be based on the highest Total Proposal Score computed as follows:

Total Proposal Score (max. 320 points) = Qualifications of Design-Build Team Members and Key Personnel (max. 50 points) + Technical Proposal, Interactive Meeting (Technical), and Possible Interview Score (max. 220 points) + Price Proposal Score (max. 50 points)


7.4.9 Requests for Proposal Revisions The JPA may, at any time after receipt of Proposals and prior to award and execution of the Agreement, determine that it is appropriate to request changes to the Proposals (“Proposal Revisions”). Only Proposers that submitted responsive Proposals that passed all pass-fail criteria will be permitted to submit Proposal Revisions. The JPA may also further limit those Proposers eligible to submit Proposal Revisions by developing a competitive range based on the initial Proposals.

The JPA may request Proposal Revisions with or without discussions as described in this RFP. The request for Proposal Revisions will identify any revisions to the RFP and will specify terms and conditions applicable to the Proposal Revisions, including identifying a time and date for delivery. In the event that Proposal Revisions are requested, then the term “Proposal,” as used in the RFP Documents, shall mean the original Proposal, as modified by the Proposal Revision.

Upon receipt of Proposal Revisions, the PEC, with assistance from the subcommittees and advisors, as appropriate, will re-evaluate the Proposals as revised, and will revise scores as appropriate following the process described above.

7.4.10 Identification of Preferred Proposer Once the Total Proposal Score for each Proposal has been determined and rankings assigned to the Proposals based on the Total Proposal Scores, the Administrator may:

(a) Notify the Proposer with the highest Total Proposal Score that it has been identified as the Preferred Proposer and that the JPA intends to commence negotiations with the Preferred Proposer to finalize the Agreement;

(b) Reject the recommendation and cancel the procurement; or

(c) Request reconsideration of the recommendation.

If (a) applies, the JPA shall notify the other Proposers that (i) the JPA has identified, and will commence negotiations with, the Preferred Proposer to attempt to finalize the Agreement; and (ii) if the negotiations with the Preferred Proposer are not successful, the JPA may suspend or cease such negotiations with the Preferred Proposer and commence negotiations with the Proposer who had the next highest Total Proposal Score or terminate the procurement process.

7.4.11 Recommendation to the JPA Board If an Agreement satisfactory to the Administrator cannot be negotiated with the Preferred Proposer, the Administrator may suspend or end negotiations with that Proposer and take action that may include: (a) recommendation to the JPA Board to reject all Proposals; (b) issuance of a request for Proposal Revisions to Proposers pursuant to Section 7.4.9; or (c) proceeding to the next most highly ranked Proposal to attempt to negotiate an Agreement with that Proposer (who will then be the “Preferred Proposer”) in accordance with this Section 7.4.10. When the negotiations are deemed successful, in the sole discretion of the Administrator, the Administrator may provide a recommendation to the JPA Board to award the Agreement to the Preferred Proposer. The JPA Board will evaluate the recommendations and will determine


whether to proceed with award of an Agreement to the Preferred Proposer or take any other action.

The JPA Board may accept the recommendation of the Administrator, reject the recommendation and cancel the procurement, or request the Administrator to reconsider the recommendation.

Award of the Agreement will be conditioned upon: (i) successful completion of negotiations (if held); (ii) receipt by the JPA of all of the documents required to be provided prior to and concurrently with execution of the Agreement under Section 7.4.12, respectively; (iii) execution of the Agreement by the Administrator or his/her designee; and (iv) any other conditions required by the JPA Board.

The JPA Board’s of Director’s decision regarding award of the Agreement shall be final.

7.4.12 Negotiation and Finalization of the Agreement 1. If the Administrator, on behalf of the JPA, has chosen to enter negotiations with the

Preferred Proposer as described in Section 7.4.9, the JPA shall authorize representatives to commence such negotiations and finalization of the Agreement.

2. After notification by the Administrator pursuant to Section 7.4.11, the JPA will proceed with the Preferred Proposer to finalize the Agreement. The JPA may negotiate various aspects of the Agreement with the Preferred Proposer, including aspects of the Proposal that will be incorporated into the Agreement; however, any decision to commence negotiations regarding the terms of the Agreement and the extent and nature of such negotiations is at the JPA’s sole discretion.

3. By submitting its Proposal, each Proposer commits to: (i) discuss the terms of the Agreement with the JPA in good faith and in accordance with the requirements of the RFP; (ii) enter into the Agreement and satisfy all other conditions to award of the Agreement; and (iii) perform its obligations under the Agreement. It is anticipated that aspects of the Proposal agreed to by the JPA will be included in the Agreement through the Scope of Work (Phase 1). The Scope of Work (Phase 2) and Scope of Work (Phase 3) will be developed during Phase 1 and incorporated into the Agreement through the Phase 2 Amendment and Phase 3 Amendment, respectively.

4. If the JPA elects to negotiate various aspects of the Agreement with the Preferred Proposer and an Agreement satisfactory to the JPA, in its sole discretion, cannot be negotiated with the Preferred Proposer, the JPA may formally suspend or end negotiations with that Preferred Proposer and take action consistent with the direction provided by the Administrator. Such action may include (i) requiring the Preferred Proposer to enter into the form of Agreement included in the RFP, without further negotiation or variation except to fill in blanks and include information that the form of Agreement indicates is required from the Proposal; (ii) rejection of all Proposals; or (iii) proceeding to the next most highly ranked Proposer to finalize or attempt to negotiate an Agreement with that Proposer in accordance with this Section 7.4.12.


7.4.13 Review of Post-Selection Deliverables 7.4.13.1 Documents to be Submitted Following Notification of Preferred Proposer As a condition precedent to award of the Agreement, the Preferred Proposer shall deliver the following (collectively, “Post-Selection Deliverables”) to the JPA within seven days after notification pursuant to Section 7.4.10 that it is the Preferred Proposer, unless otherwise noted (resubmittals, as necessary, shall be required within five days after receipt of the JPA’s comments or notification, as applicable):

1. Evidence, dated no earlier than 30 days prior to the anticipated date of execution of the Agreement, of the Preferred Proposer’s/Design-Builder's and each subcontractor’s authorization to transact business in the State of California. Depending on the form of organization, such evidence may be in the form of (i) certificates of authority to do business in the State along with a “certificate of good standing” (or equivalent) from the state of organization of the Person; or (ii) other evidence acceptable to the JPA, in its sole discretion.

2. Evidence that the Preferred Proposer/Design-Builder and its Subcontractors hold all licenses required to perform the Work.

3. Drafts of the deliverables identified in Section 7.4.15 for pre-approval by the JPA.

4. A redacted copy of its Proposal to the JPA no later than ten days after notification pursuant to Section 7.4.10 that it is the Preferred Proposer, with redactions limited to only those portions of the Proposal that fall under a specific exemption of the Public Records Act (and the Preferred Proposer shall be required to submit, for the JPA’s review and approval, documentation identifying the specific exemption asserted and such other information requested by the JPA to assess the eligibility of such portions of the Proposal for exemption from publication). Notwithstanding any proposed redactions and/or claims of exemption asserted by the Preferred Proposer: (i) the JPA shall have sole discretion to determine the applicability of any exemptions under the Public Records Act and of the contents to be disclosed in response to a request thereunder; and (ii) any part of the Proposal that is part of the Agreement, including any exhibit to the Agreement, or forms the basis of any portion of the Agreement, may not be redacted. Failure of the Preferred Proposer to submit a redacted form of its Proposal, containing only those redactions consistent with the JPA’s determination as to the content that may be redacted, to the JPA by ten days after notification that it is the Preferred Proposer constitute consent by Proposer to, and a waiver of any right to contest, disclosure by the JPA of the Preferred Proposer’s Proposal in its entirety, without redaction, in response to a request submitted under the Public Records Act. As between the Preferred Proposer and a third party requesting disclosure under the Public Records Act (as opposed to as between the Preferred Proposer and the JPA and the JPA exercising its sole discretion rights pursuant to this RFP), this Section 7.4.13.1 shall not constitute a waiver of the Preferred Proposer’s rights under the Public Records Act.

7.4.13.2 The JPA’s Comment on Post-Selection Deliverables The JPA shall provide comments to Preferred Proposer on any Post-Selection Deliverable required to be delivered to the JPA for review and approval under this RFP, within ten business


days after the date of the JPA’s receipt of such deliverable. The JPA shall have five business days to review and respond to any resubmittals of the Post-Selection Deliverables.

7.4.14 Final Award, Execution and Delivery of Agreement The following are conditions precedent to final award of the Agreement:

1. Successful negotiation of the Agreement, in the JPA’s sole discretion;

2. Receipt by the JPA of all of the documents required to be provided prior to execution of the Agreement under Section 7.4.15:

3. Execution of the Execution Documents by the Preferred Proposer, as Design-Builder;

4. Execution of the Agreement by the General Manager or his/her designee and any other conditions required by the JPA Board;

5. Approval of the award and Agreement by the JPA Board; and

6. Any other conditions to award in this RFP or required by law.

Upon satisfaction of the conditions in (1) - (6) the JPA may deliver four sets of copies of the Agreement and other documents to be executed in connection therewith (“Execution Documents”) to the Preferred Proposer along with the number of sets of execution copies of the Execution Documents reasonably requested by the Preferred Proposer. The Preferred Proposer shall obtain all required signatures and deliver all of the sets of the Execution Documents to the JPA within three business days after receipt, together with the required documents described in Section 7.4.15. If Design-Builder is a joint venture or a partnership, the Agreement must be executed by all joint venture members or general partners, as applicable.

Upon the JPA’s receipt of all such documents and satisfaction of all conditions precedent, the JPA may, in its discretion, execute the Execution Documents. Unless extended pursuant to the following paragraph, award of the Agreement shall be deemed to have occurred as of the date of execution of the Agreement; provided that the JPA has executed and delivered all such documents and no procurement protest is brought under Section 8.5.

In the event that a procurement protest is brought under Section 8.5 within the time period in Section 8.5.3, then the JPA, at its sole option and within the exercise of its sole discretion, may move forward with execution of the Agreement, delay execution of the Agreement or terminate the procurement at no cost or penalty. In no event may the JPA delay execution of the Agreement beyond the 120 day Proposal validity period without the mutual agreement by the Preferred Proposer.

7.4.15 Documents to Be Delivered by Proposer with Executed Agreement

The Preferred Proposer shall deliver to the JPA the documents listed below concurrently with the executed sets of the Execution Documents, as a condition to execution of the Agreement by the JPA:


1. If the documents provided under Section 7.4.13 (as evidence of the Preferred Proposer’s/Design-Builder's and each Subcontractor authorization to transact business in the State) are older than 30 days, updated versions of the same documents;

2. If not previously submitted, a copy of the executed organizational documents for Design-Builder and, if Design-Builder is a limited liability company, partnership or joint venture, the articles of incorporation/certificate of formation/charter/partnership agreement or registration for each member or partner of Design-Builder. The executed form of the organizational documents for Design-Builder may not differ substantially or materially from the draft organizational documents or indicative term sheets included with the Proposal;

3. Evidence of approval of the final form of the Agreement, and of due authorization, execution, delivery, and performance of the Agreement, by Design-Builder. Such evidence shall be in form and substance satisfactory to the JPA If Design-Builder is a corporation, such evidence shall be in the form of a resolution of its governing body certified by an appropriate officer of the corporation. If Design-Builder is a partnership, such evidence shall be in the form of a resolution signed by the general partners and appropriate evidence of authorization for each of the general partners, in each case, certified by an appropriate officer of the general partner. If Design-Builder is a limited liability company, such evidence shall be in the form of: (i) a resolution of the governing body of the limited liability company, certified by an appropriate officer of the company; (ii) a managing member(s) resolution, certified by an appropriate officer of the managing member(s); or (iii) if there is no managing member, a resolution from each member, certified by an appropriate officer of such member. If Design-Builder is a joint venture, such evidence shall be in the form of a resolution of each joint venture member, certified by an appropriate officer of such joint venture member;

4. One or more letters from an Eligible Surety, signed by an authorized representative as evidenced by a current certified power of attorney, committing to provide each of the Phase 1 Bonds, Phase 2 Bonds, and Phase 3 Bonds in accordance with the requirements of Section 6 of the Agreement and otherwise reasonably acceptable to the JPA. If multiple Eligible Surety letters are provided, the Proposal shall identify which Eligible Surety will be the lead Eligible Surety. The commitment letter may include no conditions, qualifications, or reservations for underwriting or otherwise, other than a statement that the commitment is subject to award and execution of the Agreement; provided, however, that the Eligible Surety may reserve in its letter the right to reasonably approve any material adverse changes made to the Agreement following the date of the letter, but excluding any changes or information reflected in the Proposal, such as Proposer commitments;

5. If a Guaranty of the Proposer’s obligations under the Agreement is required by the JPA pursuant to Section 6.5, a Guaranty from Guarantor(s) in the form of Exhibit 12 to the Agreement with such modifications approved by the JPA, in its sole discretion;

6. The insurance policies, certificates of insurance, riders to its existing policies evidencing proof of insurance coverages as required by the Agreement, or other written evidence from an insurance company(ies), broker(s) or agent(s) that such company(ies), broker(s) or agent(s) will place all such insurance coverages for the Preferred Proposer (should it


become Design-Builder). For the on-site project-specific coverages, the signatories must indicate expressly that they have read the Agreement and insurance requirements under the Agreement and that the entities required to obtain insurance under the Agreement have the capability of obtaining such insurance in the coverages and under the conditions listed in the Agreement;

7. Evidence that Design-Builder and its Subcontractors hold all licenses required to perform the work under the Agreement;

8. A letter signed by Proposer and each Listed Subcontractors indicating the commitment to work on the project and the commitment of Proposer to retain the specified services of the designated Subcontractors; and

9. Any other requirements reasonably determined by the JPA during pre-award negotiations.


Section 8: Limitations

8.1 Improper Communications and Conflicts The following rules of contact shall apply during the procurement for the Work, effective as of the date of issuance of the RFP through the execution of the Agreement. These rules are designed to promote a fair, competitive, and unbiased procurement process. Contact includes face-to-face, telephone, facsimile, e-mail, or formal written communication, either directly or indirectly by an agent, representative, promoter or advocate of a Proposer.

The specific rules of contact during the RFP phase (unless another period is otherwise noted) are as follows:

1. After release of the RFP, no Proposer or any of its Design-Build Team members may communicate with another Proposer or its Design-Build Team members with regard to the RFP or either team’s Proposal; provided, however, that subcontractors that are shared between two or more Design-Build Teams (subject to the restrictions in Section 8.3) may communicate with their respective team members so long as those Proposers establish reasonable protocols to ensure that the subcontractor will not act as a conduit of information between the teams (contact among Proposer organizations is allowed during the JPA-sponsored informational meetings).

2. The JPA shall be the sole contact for purposes of this procurement. The Proposers shall

correspond with the JPA regarding the RFP only through designated representatives (which initially shall be the Owner Contact as set out in Section 6.1.2).

3. Commencing with the issuance of the RFP and continuing until the earliest of (i) award and execution of the Agreement, (ii) rejection of all Proposals by the JPA, or (iii) cancellation of the procurement, no Proposer or representative thereof shall have any ex parte communications regarding the RFP, the Agreement, or the procurement described in this RFP with:

• Any JPA Board member or Alternate Board Member and/or

• Any JPA staff, advisors, contractors or consultants involved with the procurement (including those referenced in this Section 8 except for: (1) communications expressly permitted by the RFP or (2) as approved in writing in advance by the Owner Contact, in Owner Contact’s sole discretion. The foregoing restriction shall not, however, preclude or restrict communications with regard to matters unrelated to the Work, the ECAWP Project, this RFP, the Agreement or the procurement or limit participation in public meetings or any public or Proposer workshop related to the Work, the ECAWP Project, or this RFP. Any Proposer engaging in such prohibited communications may be disqualified at the sole discretion of the JPA.


4. The Proposers shall not contact the following identified stakeholders regarding the Work and the ECAWP Project, including employees, representatives, members, consultants, and advisors of the entities listed below (collectively, Stakeholders). The JPA shall provide any necessary coordination during the RFP stage with such entities in order that, among other things, the procurement is implemented in a fair, competitive, and transparent manner and with uniform information:

• Padre Dam Municipal Water District

• City of El Cajon

• County of San Diego

• Helix Water District

Information requests concerning the above entities shall be sent to the Owner Contact as set out in Section 6.1.2.

5. Any communications determined to be prohibited or improper, at the sole discretion of the JPA, may result in disqualification.

6. Any official information regarding the Work and the ECAWP Project will be disseminated from the JPA’s office on agency letterhead. Any official correspondence will be communicated by the Owner Contact as set out in Section 6.1.2.

The JPA will not be responsible for, and Proposers may not rely on, any oral or written exchange or any other information or exchange that occurs outside the official process specified in this RFP.

8.2 Organizational Conflicts of Interest Respondents are required to comply with the JPA’s Conflict of Interest Policy for Package 1, which is attached as Attachment H hereto and incorporated herein by reference in its entirety. Without an exception granted by the JPA, it is the JPA’s policy that any person or firm under contract, or previously under contract with Padre Dam or the JPA to prepare procurement documents, preliminary plans, planning reports or other project development products for Package 1 will not be allowed to participate in any capacity on a Proposer or Design-Build Team. Exceptions to this policy may be granted by the JPA, upon written request from such person or firm, if it is determined that the person’s or firm’s involvement is in the best interest of the public and does not constitute an unfair advantage. Proposers seeking such exception shall submit such written request as soon as possible (no later than 14 calendar days from issuance of the RFP, as the JPA shall not extend the Proposal Submittal Deadline or be responsible for any inability or failure to respond prior to the Proposal Submittal Deadline to any such request. Proposers are prohibited from teaming with, receiving any advice or discussing any aspect relating to the ECAWP Project with any person or entity with an organizational conflict of interest, including:


Kennedy/Jenks Consultants, Inc.

Trussell Technologies

Brown and Caldwell

Helix Environmental

Clear Controls Services

Michael R. Welch Consulting

Clean Energy Capital

NV5

Flow Science

National Water Research Institute

Geocon

Paul Redvers Brown, Inc.

Public Financial Management

Nossaman LLP

Scripps Institute of Oceanography

Ken Weinberg Water Resources Consulting LLC

Progressive Design-Build Consulting, LLC

The restrictions in this Section 8.2 also apply to affiliates of the foregoing (meaning parent companies at any tier, subsidiary companies at any tier, entities under common ownership, joint ventures and partnerships involving such entities, and other financially liable or responsible parties for the entity). Common ownership does not include the holding of stock in a publicly traded company unless such stock ownership is a majority position or results in control of the affected entity. Such persons and entities are also prohibited from participating on a Design-Build Team as an Equity Member, contractor, subcontractor, consultant or subconsultant. By submitting a Proposal, each Proposer agrees that, if an organizational conflict of interest is discovered, the Proposer must make an immediate and full written disclosure to the JPA that includes a description of the action that the Proposer has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest that the Proposer knew, or should


have known about, but failed to disclose is determined to exist during the procurement process, the JPA may disqualify the Proposer. If an organizational conflict of interest that the Proposer knew, or should have known about, but failed to disclose exists and the Proposer has entered into an Agreement as Design-Builder, the JPA may terminate the Agreement. In either case, the JPA reserves all legal rights and remedies. Proposers should not view the foregoing list as an exhaustive list of those firm(s) that have or may have conflicts of interest. Proposers are also advised that JPA’s guidelines in this RFP are intended to augment applicable federal and state law, including federal organizational conflict of interest laws and rules and the laws and rules relating to NEPA. Such applicable law will also apply to Proposer teams and teaming and may preclude certain firms and their entities from participating on a Proposer team.

8.3 Participation on More Than One Design-Build Team The JPA is committed to ensuring a fair and competitive procurement process. Accordingly, except with the JPA’s prior written approval, which approval may be withheld at the JPA’s sole discretion, (1) no Principal Participant, Engineer, or Contractor from any Design-Build Team may participate, in any capacity, as part of another Design-Build Team for Package 1; and (2) no Principal Participant, Engineer, or Contractor under direct or indirect common ownership or having the same upstream parent may be on more than one Design-Build Team for Package 1. Principal Participants, Engineers, or Contractors may participate on a Design-Build Team for Package 1 that is different than a Design-Build Team for Package 2 or Package 3. Any Proposer that fails to comply with the prohibitions in this Section 8.3 may be disqualified from further participation in this procurement.

8.4 Proprietary and Confidential Information Once submitted, the Proposals shall become the property of the JPA and may not be returned to Proposers.

Proposals are subject to the California Public Records Act (Chapter 3.5, commencing with section 6250, of Division 7 of Title I of the Government Code) (“Public Records Act”). Proposers are encouraged to familiarize themselves with the Public Records Act. In the event the Proposer submits any documents which the Proposer believes are not subject to disclosure pursuant to the Public Records Law, it must conspicuously mark each document “CONFIDENTIAL” or “CONFIDENTIAL TRADE SECRETS” in the header or footer of each such page affected. Proposer should also note the specific items Proposer deems confidential on a page entitled “Confidential Contents Index.” Blanket designations that do not identify the specific information shall not be acceptable and may be cause for the JPA to treat the entire Proposal as public information.

The JPA will not advise a Proposer as to the nature or content of documents entitled to protection from disclosure under the Public Records Act or other applicable laws, as to the interpretation of such laws, or as to the definition of trade secret. Nothing contained in this provision shall modify or amend requirements and obligations imposed on the JPA by the Public Records Act or other applicable law. The JPA may disagree with the Proposer’s assessment regarding confidentiality or proprietary nature of information in the interest of complying with the


Public Records Act. The provisions of the Public Records Act or other applicable laws shall control in the event of a conflict between the procedures described above and the applicable law.

In the event of any proceeding or litigation concerning the disclosure of any material submitted by the Proposer, the JPA will be the custodian retaining the material until otherwise ordered by a court or such other authority having jurisdiction with respect thereto, and the submitting party shall otherwise prosecute or defend any action concerning the materials at its sole expense and risk; provided, however, that the JPA reserves the right, in its sole discretion, to intervene or participate in the litigation in such manner as it deems necessary or desirable. All costs and fees (including attorneys’ fees and costs) incurred by the JPA in connection with any litigation, proceeding, or request for disclosure shall be reimbursed and paid by the Respondent objecting to the disclosure. Each Proposer shall bear its own costs in connection with any litigation, proceeding, or request for disclosure.

The foregoing will not preclude the JPA from using ideas contained in the Proposal in accordance with Section 3.2.3 and Section 3.2.4 and will not preclude the JPA from releasing information as required in connection with any protest filed under Section 8.5. In no event shall the JPA or any of their respective agents, representatives, consultants, directors, officers, or employees be liable to a Proposer for the disclosure of all or a portion of a Proposal submitted under the RFP, including materials marked “CONFIDENTIAL,” whether the disclosure is deemed required by law or by an order of court or the Attorney General’s Office or occurs through inadvertence, mistake or negligence on the part of the JPA, or its officers, employees, contractors or consultants.

8.5 Protest Procedures and Debriefings

8.5.1 Applicability and Process

This Section 8.5 sets forth the sole and exclusive protest remedies available with respect to this RFP. A Proposer’s failure to comply with these procedures shall constitute a waiver of any right to further pursue its protest. These provisions prescribe the sole and exclusive procedures for protests regarding:

a) Allegations that the terms of the RFP are wholly ambiguous, contrary to legal requirements applicable to the procurement or exceed the JPA’s authority;

b) A determination as to whether a Proposal is responsive to the requirements of the RFP or as to whether a Proposal passes the pass/fail criteria in this RFP; and

c) Award of Agreement.

8.5.2 Required Early Communication for Certain Protests

Protests concerning the issues described in Section 8.5.1 may be filed only after the Proposer has informally discussed the nature and basis of the protest with the JPA, following the procedures prescribed in this Section 8.5.2. Informal discussions shall be initiated by a written request for a one-on-one meeting delivered to the Owner Contact as specified in Section 6.1.2.


The written request shall include an agenda for the proposed one-on-one meeting. The JPA will meet with the Proposer as soon as practicable to discuss the nature of the allegations. If necessary, to address the issues raised in an informal discussion, the JPA may make appropriate revisions to the RFP documents by issuing addenda.

8.5.3 Deadlines for Protests

Protests concerning the issues described in Section 8.5.1(a) must be filed as soon as the basis for the protest is known, but no later than ten calendar days after the date of issuance of the RFP, unless the protest relates to an addendum to the RFP, in which case the protest must be filed no later than five days after the addendum is issued and may only address any item that has been changed by the addendum.

Protests concerning the issues described in Section 8.5.1(b) must be filed no later than five business days after receipt of the notification of non-responsiveness or failure to pass all pass/fail criteria in this RFP.

Protests concerning the issues described in Section 8.5.1(c) must be filed no later than ten calendar days after announcement of the Preferred Proposer.

8.5.4 Content of Protest

Any protest shall contain a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest and shall include all factual and legal documentation in sufficient detail to establish the merits of the protest. The protest shall also include the name and address of the protestor and the RFP or contract number. Statements shall be sworn and submitted under penalty of perjury.

8.5.5 Filing of Protest

Protests shall be filed by hand delivery or express mail courier on or before the applicable deadline to the Owner Contact at the address below. For any protest filed after the Proposal Submittal Deadline, Proposer filing the protest shall concurrently send a copy of the protest to the other Proposers whose addresses may be obtained by contacting the Owner Contact as set out in Section 6.1.2.

9300 Fanita Parkway Santee, CA 92071

Notwithstanding the above, the JPA understands that due to recent circumstances hand delivery or express mail courier filings may not be advisable or practical. Accordingly, the JPA reserves the right to require protests to be filed electronically if the Padre Dam Customer Service Center (located at the address above) is closed. A Proposer filing a protest shall email the Owner Contact to learn if the Padre Dam Customer Service Center is closed and how the protest should be filed.


8.5.6 Comments from Other Proposers

Other Proposers may file statements in support of or in opposition to the protest within five days of the filing of the protest. The JPA shall promptly forward copies of all such statements to the protestor. Any statements shall be sworn and submitted under penalty of perjury.

8.5.7 Burden of Proof

The protestor has the burden of proving its protest by clear and convincing evidence. The JPA may discuss the protest with the protestor and other Proposers. No hearing will be held on the protest. The protest shall be decided solely on the basis of written submissions.

8.5.8 Decision on the Protest

The JPA or its designee will endeavor to issue a written decision regarding the protest within 30 days after the filing of the detailed statement of protest. If necessary, to address the issues raised in a protest, the JPA may make appropriate revisions to this RFP by issuing an addendum.

The written decision of the JPA Board shall be final and non-appealable.

8.5.9 Protestor’s Payment of Costs

If a protest is denied, the Proposer filing the protest shall be liable for the JPA’s costs reasonably incurred to defend against or resolve the protest, including legal and consultant fees and costs, and any unavoidable damages sustained by the JPA as a consequence of the protest.

8.5.10 Forfeiture of Stipend

In accordance with Section 3.2.2(f), any Proposer that files a protest under this Section 8, or otherwise challenges the procurement process, award, or cancellation of the procurement process, shall be ineligible for a stipend payment if such protest or challenge is dismissed or otherwise unsuccessful.

8.5.11 Rights and Obligations of Proposers

Each Proposer, by submitting its Proposal, expressly recognizes and agrees to the limitation on its rights to protest provided in this Section 8.5, and expressly waives all other rights and remedies that may be available to the Proposer under law. These provisions are included in this RFP expressly in consideration for such waiver and agreement by the Proposer. If a Proposer disregards, disputes, or does not follow the exclusive protest remedies provided in this Section 8.5, it shall indemnify, defend and hold the JPA and its officers, employees, agents, and consultants harmless from and against all liabilities, fees and costs, including legal and consultant fees and costs, and damages incurred or suffered as a result of such Proposer’s actions. Each Proposer, by submitting a Proposer, shall be deemed to have irrevocably and unconditionally agreed to this indemnity obligation.


8.5.12 Debriefings

All Proposers submitting Proposals will be notified in writing of the results of the evaluation process. Proposers not selected may request a debriefing within ten business days of notification of shortlisting. Debriefings shall be provided at the JPA’s earliest feasible time after Proposer’s written request for a debriefing. The debriefing shall be conducted by a procurement official familiar with the rationale for the best value determination.

• Debriefings shall:

o Be limited to discussion of the unsuccessful Proposer’s Proposal and may not include specific discussion of any competing Proposal or Proposer;

o Be factual and consistent with the evaluation of the unsuccessful Proposer’s Proposal; and

o Provide information on areas in which the unsuccessful Proposer’s Proposal had weaknesses or deficiencies.

Debriefings will not include discussion or dissemination of the thoughts, notes or rankings of individual evaluators.

8.6 JPA Rights In connection with this procurement, the JPA reserves to itself all rights (which rights shall be exercisable by the JPA in its sole discretion) available to it under all applicable law, including, the following rights, which may be exercised with or without cause and with or without notice:

1. Cancel, modify, or withdraw the RFP in whole or in part at any time prior to execution by

the JPA of the Agreement without incurring cost obligations or liabilities, except for any obligations to pay a stipend under the terms of the RFP and the Stipend Agreement.

2. Issue a new RFQ or RFP, or modify dates set or projected in the RFP and extend any deadlines.

3. Accept or reject any or all Proposals or other documents/information submitted in connection with a Proposal.

4. Issue addenda, supplements, and modifications to the RFP.

5. Modify the procurement process with appropriate notice to Shortlisted Respondents or Proposers as applicable.

6. Solicit a Best and Final Offer (BAFO) from each Proposer.

7. Appoint an evaluation committee and evaluation teams to review Proposals and consider the advice and assistance of non-JPA experts in evaluations.

http://www.westlaw.com/TOC/Default.wl?rs=dfa1.0&vr=2.0&DB=AK-ST-ANN&DocName=AKT36CH30AR8&FindType=V&ReferencePositionType=T&ReferencePosition=S36.30.595


8. Approve or disapprove particular subcontractors, substitutions of subcontractors, and/or changes in Design-Build Team members.

9. Seek or obtain data from any source that has the potential to improve the understanding and evaluation of the Proposals.

10. Revise and modify, at any time before the Proposal Submittal Deadline, the factors it will consider in evaluating Proposals and to otherwise revise or expand its evaluation methodology.

11. Conduct interviews and/or discussions with Shortlisted Respondents and Proposers.

12. Waive any weaknesses, informalities, irregularities, or omissions, permit corrections, and seek and receive clarifications.

13. Disqualify any Shortlisted Respondent or Proposer that changes its organization or other information included in the SOQ without the JPA’s written approval.

14. Hold the Proposals under consideration for the maximum duration of the Proposal validity period specified in the RFP or longer if there is a mutual agreement.

15. Award the Agreement, with or without negotiations, to the Proposer determined by the JPA to have offered the best value to the public.

16. Disclose information contained in the SOQs/Proposals to the public as described in the RFQ and the RFP or as may be required by law.

17. Not issue an NTP after execution of the Agreement if specific contractual requirements are not met by the Design-Builder.

18. Terminate evaluations of Proposals received at any time.

19. Require confirmation of information, additional information concerning a Proposal, or require additional evidence of qualifications to perform the work described in the RFP.

20. Contact and ask questions of contact persons.

21. Select other than the lowest priced Proposal as the best value Proposal.

22. Shortlist and/or hold discussions.

23. Add or delete from the work contemplated under Package 1 and/or the Agreement.

24. Negotiate with one or more Proposer(s).

25. Suspend and/or terminate negotiations, engage in negotiations with other than the highest ranked Proposer if negotiations with the highest ranked Proposer prove to be unsuccessful.


26. Retain ownership of all Proposals and materials submitted in hard-copy and/or electronic format to the fullest extent permitted under the RFP and applicable law.

27. Exercise any other right reserved or afforded to the JPA under the RFQ, the RFP, and applicable authority.

28. Reject or refuse to consider a submitted SOQ or Proposal if such refusal or rejection is based upon (without limitation) any of the following listed circumstances:

• Failure on the part of a Principal Participant or Key Personnel to pay, satisfactorily settle, or provide security for the payment of claims for labor, equipment, material, supplies, or services legally due on previous or ongoing contracts;

• Submittal by the Proposer of more than one Proposal for the same work under the Proposer's own name or under a different name;

• Participation by a Principal Participant in more than one Proposal in response to the RFP, except as otherwise authorized in Section 8.3;

• Evidence of collusion between a prospective Proposer, any Principal Participant or Key Personnel and other Proposers, Principal Participants, or Key Personnel in the preparation of a Proposal, or any pricing for the Work;

• Uncompleted work or default on a contract for which the prospective Proposer or a Principal Participant is responsible which, in the judgment of the JPA, might reasonably be determined to hinder or prevent the prompt completion of the Work or the Agreement if awarded;

• Existence of a notice of debarment or suspension in any jurisdiction; • Evidence of inadequate financial resources to ensure successful completion of all

work under the Agreement; • Failure to obtain required bonds or specified insurance for the Work; • Proposer refusal to further negotiate pricing, or Agreement terms and conditions, in

advance of execution of the Agreement; • Evidence of Proposer or Principal Participant noncompliance with any federal, state

or local laws or regulations; or • By virtue of the JPA exercising any other right reserved or afforded to the JPA under

the RFQ, RFP or under applicable law.

8.7 Disclaimers In issuing this RFP and undertaking the procurement process specified herein, the JPA disclaims the following:

1. Any liability or commitment to provide sales tax or other revenues to assist in performing any Work under the Agreement.

2. Any obligation, responsibility or liability, fiscal or otherwise, to reimburse a Shortlisted Respondent/Proposer for all or part of the costs incurred or allegedly incurred by parties considering a response to and/or in responding to this RFP.


3. Any obligation to award the Agreement to the Proposer submitting the lowest priced Proposal.

4. Any obligation to award the Agreement.

5. Any contractual obligation or liability for, any obligations with respect to Package 1, until such time (if at all) as the Agreement, in form and substance satisfactory to the JPA, has been authorized and executed by all parties to that Agreement.

By submitting a Proposal or any other response to this RFP, each Proposer acknowledges that, it accepts all disclaimers in this RFP and waives any right whatsoever to legally challenge or protest any JPA actions to exercise any such disclaimers, except as otherwise provided in Section 8.5.

Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board. California’s Clean Water State Revolving Fund is capitalized through a variety of funding sources, including grants from the United States Environmental Protection Agency and state bond proceeds. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute an endorsement or recommendation of use.