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REQUEST FOR PROPOSALS

FOR OWNER'S ADVISOR SERVICES

FOR

THE EAST COUNTY ADVANCED WATER PURIFICATION PROJECT

Request for Proposals Issued: May 27, 2020

Proposals Due: July 2, 2020

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TABLE OF CONTENTS

I. GENERAL INFORMATION

A. Summary

B. Information and Inquiries

C. Receipt of Proposals

D. Consequence of Submission of Proposal

E. Schedule of Events

F. Interviews

G. JPA’s Rights Regarding Proposal

H. Conflicts of Interest I. Disclosure of Contributions

II. PROJECT INFORMATION A. Background B. Purpose and Drivers C. Goals D. Budget/Funding E. Schedule F. Environmental Status

III. EXISTING DOCUMENTATIONS

IV. SCOPE OF SERVICES

V. QUALIFICATIONS

VI. PROPOSAL REQUIREMENTS VII. SELECTION PROCEDURES

VIII. SPECIAL CONDITIONS

ATTACHMENT A – FORM OF PROFESSIONAL SERVICES AGREEMENT ATTACHMENT B - ORGANIZATIONAL CHART OF OWNER’S ANTICIPATED ROLES ON

PROJECT ATTACHMENT C – JPA’S CONFLICT OF INTEREST POLICY ATTACHMENT D – ANTICIPATED PROJECT SCHEDULE

ATTACHMENT E – REQUIRED FORMS

• Proposer Information (Attachment E-1)

• Proposer Certification (Attachment E-2)

• Disclosure of Contributions (Attachment E-3)

• Conflict of Interest Disclosure Statement (Attachment E-4)

• Key Personnel (Attachment E-5)

Request for Proposals, Owner’s Advisor Page | 1

I. GENERAL INFORMATION

A. Summary

The East County Advanced Water Purification (ECAWP) Joint Powers Authority (JPA) invites proposals from qualified firms (“Proposers”) interested in providing Owner’s Advisor Services (“OA Services”) for the East County Advanced Water Purification Project (the “Project”) as described in this Request for Proposals (RFP). The deadline for submission to the JPA of sealed proposals (“Proposals”) meeting the requirements specified in this RFP is 3:00 pm, PST, July 2, 2020 (the “Proposal Submission Deadline”). The JPA will not consider Proposals received after the Proposal Submission Deadline. 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 San Diego County Sanitation District (“County”), the City of El Cajon (“El Cajon”), and Helix Water District (“Helix”). The JPA was formed by Padre Dam, East County, and El Cajon under the California Joint Powers Act (Gov. C. §§ 6500, et. seq.) for the purposes of jointly exercising their common powers to deliver the Project. The JPA anticipates that the Project will be procured using a two-step process for the award of three separate progressive design-build (“PDB”) packages of work (“Package #1 Work”, “Package #2 Work”, and “Package #3 Work”). The JPA has already issued the final Request For Proposals to shortlisted firms for the Package #1 Work and the Package #2 Work. Package #1 will include an obligation for Transitional Operations and Maintenance for a term to be specified but currently considered no longer than 2 years. Statements of qualifications (“SOQs”) from firms interested in providing the Package #3 Work have been received and the final RFP for the Package #3 Work is anticipated to be released to shortlisted firms in July. For each Package, the JPA will select the proposer (“Design-Build Contractor”) offering the JPA the best value to deliver the relevant Package with the team (“Design-Build Team”) identified in the Package proposal. Each Design-Build Contract will require the Design-Build Contractor to perform the services (“Phase 1 Services”) necessary to develop a proposed guaranteed maximum price (“GMP Proposal”) to complete the relevant Package Work. If the JPA and the Design-Build Contractor reach agreement on the cost and terms to complete the Package Work, they will execute an amendment to the Design-Build Contract to reflect that agreement. The JPA seeks to contract with a firm or consulting team to serve as an Owner’s Advisor (“OA”) that will provide the resources necessary to fulfill the scope of work items. The OA will provide the JPA with its experience, advice, and insight throughout the procurement process, design, and construction phases to ensure a successful Project. The OA will provide technical and management services for the Project, and will serve as an extension of the JPA’s Interim


Administrator’s (Padre Dam Municipal Water District) staff. The JPA expects that the OA will bring the collaborative mentality and project management skills required to assist the JPA in achieving its Project goals and managing Project risk to achieve the successful outcome of each Design-Build Contract. The OA will be accountable to the JPA, through the JPA Interim Administrator for overall program schedule, budget, and quality. The JPA expects to award a contract for OA Services substantially in the Form of Professional Services Agreement provided in Attachment A to this RFP (the “Contract”) to the successful Proposer. The JPA anticipates it will implement the Contract to furnish OA Services in five terms, each term corresponding to the fiscal year (FY2021 to FY2025) with a separate scope and fee approval from the JPA Board for each term defining the specific services to be performed and the estimated cost for services based on the fixed hourly rates agreed to after successful negotiation of the rates submitted by the successful Proposer with its Proposal (each a “Task Order”). The first term of the Contract (Term 1) will be for the remainder of Fiscal Year 2021. Term 2 will be for Fiscal Year 2022. The JPA anticipates that OA Services will be required through start-up and commissioning of the Project which is expected to occur prior to meeting a final completion and commercial operation date of March 2025. The JPA desires to have the option to extend the Contract to provide additional services and tasks that may be defined as the Project evolves including requiring assistance during the Transitional Operations and Maintenance phase. However, the JPA shall be under no obligation to issue any Task Orders under the Contract, and the JPA shall reserve the right to commence, close, reduce, or extend the OA Services at any time in response to changing needs. Proposers may propose singularly, or as prime and sub-consultant(s) in order to provide the services required. The JPA does not intend to contract with joint ventures for the OA Services. This RFP describes the required scope of OA Services, as further described in Section IV of this RFP, (“Scope of Services”), the Proposer selection process, and the minimum information that must be included in the Proposal. The selected Proposer will be required to provide all required Insurance Documentations within 14 calendar days of notification of selection. All submitted Proposals become the property of the JPA. Failure to submit information in accordance with this RFP’s requirements and procedures may be cause for disqualification.

B. Information and Inquiries Proposers are advised to follow the East County AWP Project website (www.eastcountyawp.com) for additional information relating to the RFP after issuance of the RFP. Proposers should consult the ECAWP website regularly for these updates. It is the Proposer’s responsibility to obtain addenda and other information relating to this RFP. Each Proposer must acknowledge receipt of


all addenda in its Proposal, in accordance with the instructions provided in this RFP. Failure to acknowledge all posted addenda may cause the Proposal to be rejected. Proposers are to direct all inquiries concerning this RFP or related topics to Mark Niemiec at [email protected]. Questions regarding this RFP must be submitted in writing no later than June 12, 2020 3:00 PM, PST. Questions received after the above-referenced due date and time may not be responded to at the JPA’s sole discretion. All inquiries should include the title of this RFP in the subject line. Depending upon the content and scope of the question, responses to questions will be promptly prepared and provided via addenda available to all Proposers that have an interest in responding to this RFP. No verbal or written information which is obtained by Proposers other than through this RFP or its addenda shall be binding on the JPA. No employee of the JPA or of any member of the JPA is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to that contained in or amended to this written RFP document. The JPA will not be responsible for any information used to prepare a Proposal that has not been provided by this RFP and any addenda. Requests for changes to the terms and conditions of the Contract must be included in an Appendix as part of the Proposal submitted. A response will be provided by the JPA, to the selected Proposer, as to whether a change in the terms and conditions of the Contract has been made, nor shall any change that the JPA indicates it will make be binding on the JPA unless set forth in the final written Contract executed by JPA and the Design-Build Contractor. The JPA shall have no obligation to consider further requests for changes to the terms and conditions beyond those submitted as part of the Proposal. The Proposal may not otherwise include any qualifications, conditions, assumptions, or exceptions to, or deviations from, the requirements of this RFP, inclusive of all addenda.

C. Receipt of Proposals Seven (7) hard copies, one of which is marked as an executed original signed in blue ink (not graphic reproductions) by an authorized representative of the Proposer and accompanied by evidence of signatory authorization, and one electronic form (on a USB flash-drive) in Adobe PDF format with sections indexed of the Proposal, shall be received no later than 3:00 pm, PST, on July 2, 2020, at the Engineering Counter in Padre Dam’s Customer Service Center located at:

9300 Fanita Parkway Santee, California 92071


Alternatively, Proposals may be mailed to the following address:

Padre Dam Municipal Water District PO 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 Respondent • Proposal title: “OWNER’S ADVISOR SERVICES FOR THE EAST COUNTY

ADVANCED WATER PURIFICATION PROJECT” Notwithstanding the above, the JPA understands that due to recent circumstances hand delivery or express mail courier filings may not be advisable or practical. The JPA reserves the right to require Proposals to be filed electronically if the Padre Dam Customer Service Center (located at the address above) is closed. Failure to comply with requirements of this RFP will result in disqualification. Proposers must allow adequate time for delivery of their Proposals either by airfreight, postal service, or other means. Proposals and/or modifications received subsequent to the hour and date specified above will be returned unopened to the Proposer. 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, 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. 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 Proposal or other response.

D. Consequence of Submission of Proposals The JPA shall not be obligated to respond to any Proposal submitted nor be legally bound in any manner by the submission of a Proposal.


E. Schedule of Events The JPA has established the tentative schedule for the selection process: Event Date Issue RFP May 27, 2020 Pre-Proposal Meeting June 10, 2020; 10:00 AM,

PST* Deadline for Submittal of Questions June 12, 2020; 3:00 PM, PST Responses to Questions Issued June 19, 2020 Proposal Submittal Deadline July 2, 2020; 3:00 PM, PST Interviews (if required) July 22, 2020* Selection of Preferred Proposer July 23, 2020 Contract Negotiations July 24 thru August 6, 2020** JPA Board Approval of Contract August 20, 2020** Notice of Award of Contract August 21, 2020**

* Pre-Proposal Meeting, interviews (if required) and negotiation meetings to be held at Padre Dam’s Customer Service Center Board Room located at 9300 Fanita Parkway, Santee, CA. However, the JPA acknowledges that due to recent circumstances in-person interviews and negotiation meetings may not be advisable or practical. Accordingly, the JPA reserves the right to require that interviews and meetings be conducted remotely, in which case the JPA will provide Proposers selected for such interviews and meetings with reasonable advance written notice of the protocols and required technology for the same.

**Dates may vary based on length of negotiation process.

F. Interviews The JPA may request select Proposers to participate in an interview. Such Proposers shall be notified in advance of the time and place for the interview. Interviews are tentatively scheduled for July 22, 2020.

G. JPA’s Rights Regarding Proposal JPA reserves the right to:

• Disqualify any Proposer that does not follow the instructions herein. • Reject any and all Proposals at its discretion, including Proposals found

to be conditional or incomplete, contain irregularities or found to be not responsive to this RFP.

• Investigate the qualifications of any Proposer or Proposer team member under consideration.

• Require confirmation of information furnished by the Proposer. • Require additional evidence of ability to perform the Owner’s Advisor

Services described in this RFP.


• Contact the submitted references regarding the information provided in the RFP.

• Postpone or cancel the entire RFP or a portion thereof. • Postpone or cancel the Contract or any Task Order award for its own

convenience. • Issue subsequent RFPs. • Disqualify a Proposer upon evidence of collusion, with intent to defraud,

or other illegal practices on the part of the Proposer. • Waive any errors or informalities in any Proposal to the extent permitted

by law. The JPA has no obligation to consider any Proposal unless it is responsive to this RFP. This RFP does not commit the JPA to enter into a Contract or to issue a Task Order.

H. Conflicts of Interest Proposers are required to comply with the JPA’s Conflict of Interest Policy which is attached as Attachment C hereto and incorporated herein by reference in its entirety. Without an exception granted by the JPA, it is the JPA’s policy that any Design-Builder or lead design firm on shortlisted team for Package #1 Work, Package #2 Work, or Package #3 Work will not be allowed to participate in any capacity for OA Services. Exceptions to this policy may be granted by the JPA, upon written request from such person or firm, if the JPA determines, in the JPA’s sole discretion, that the person’s or firm’s involvement is in the best interest of the public and does not constitute an unfair advantage. Respondents seeking such exception shall submit such written request as soon as possible (not later than June 19, 2020), as the JPA shall not extend the RFP due date to accommodate any such request, and shall not be responsible for any inability or failure to respond to any such requests prior to the RFP due date.

I. Disclosure of Contributions You are advised that Government Code Section 84308(d) provides as follows:

(d) A party to a proceeding before an agency involving a license, permit, or other entitlement for use shall disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party, or his or her agent, to any officer of the agency. No party, or his or her agent, to a proceeding involving a license, permit, or other entitlement for use pending before any agency and no participant, or his or her agent, in the proceeding shall make a contribution of more than two hundred fifty dollars ($250) to any


officer of that agency during the proceeding and for three months following the date a final decision is rendered by the agency in the proceeding. When a closed corporation is a party to, or a participant in, a proceeding involving a license, permit, or other entitlement for use pending before an agency, the majority shareholder is subject to the disclosure and prohibition requirements specified in subdivisions (b), (c), and this subdivision.

Refer to: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=84308 for the full text of Section 84308, including definitions of terms used in Section 84308(d). All Proposers are responsible for determining whether disclosure is required. The Proposer shall complete Attachment E-3 to this RFP and submit the same with its Proposal. The completed Attachment E-3 shall identify all officers (i.e. Board members and alternates) who received contributions subject to paragraph (d) or affirm that no contributions were made that require disclosure. Attachment E-3 shall name the contributor and amount and date of each contribution. The Proposer must submit forms for any persons who are considered “participants” under Section 84308. The Proposer is responsible for delivering an updated form(s) to the JPA’s Representative prior to any proceeding of the Board or committee of the Board concerning the JPA.

II. PROJECT INFORMATION

A. Background 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 Project will treat East County’s wastewater locally and implement potable reuse by producing advanced treated recycled water from an advanced water purification (AWP) facility. This purified water will be pumped to Helix Water District’s (Helix) Lake Jennings for surface water augmentation (SWA). Purified Water meeting SWA regulations blended with other Helix owned water will be drafted from Lake Jennings and sent to Helix’s R.M. Levy Water Treatment Plant for additional treatment and delivery as potable water to retail customers. The Project will adhere to all requirements under Title 22 of the California Code of Regulations applicable to SWA and recycled water customer demands. The Project is anticipated to come online in 2025. Once online, the 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 potable water demand. The Project is governed by the JPA, which is composed of the three East County wastewater agencies: 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. Both Padre Dam and Helix will have a separate agreements with the JPA to purchase the purified water produced by the Project. Additionally, Padre Dam will have a separate sub-agreement with Helix to purchase potable water after treatment 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, Title 22 compliant, water for distribution to its non-potable recycled water customers. The Project’s main components are envisioned to be delivered through three Design-Build Contracts for three separate Packages: • Package #1 – Water Recycling Facility, Advanced Water Purification Facility,

Product Water Pump Station, Visitor Center, Solids Handling Facility, and System Integration of the ECAWP Project (including transitional operations)

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

• Package #3 – East Mission Gorge Force Main, Residuals Bypass System, and retrofits to the existing Influent Pump Station and East Mission Gorge Pump Station

B. Purpose and Drivers

Driving the Project is the desire for a comprehensive wastewater and water supply solution that will improve local and regional water supply reliability by reusing East County wastewater flows to create a new source of local, reliable, and drought-proof water supply reducing reliance on less reliable imported water. The 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 Project include cost, schedule, and regulatory considerations. The cost of producing purified water through the Project is considered to be price competitive with the long term 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 Project’s implementation schedule is driven by the required completion date tied to 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 Project and meeting performance requirements imposed by external governmental funding entities. The 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 Project must meet the requirements/regulations for SWA.

C. Goals

The Project goals are aspirational in nature and centered on a common focus of excellence. The JPA believes that people are motivated to do great things and as such is looking to develop and promote a high functioning, innovative, trustworthy, communicative, and collaborative relationship within all stakeholders to deliver the Project within the JPA’s budget and schedule, while simultaneously demonstrating exemplary design, construction, and project management methods. The OA shall assist the JPA in achieving the Project goals by: • Assisting with Team leadership and development to form a high functioning

team to deliver the Project; • Supporting the JPA with creativity, innovation, out-of-the-box thinking, and

a big picture perspective on delivering the Project in its entirety; • Providing a cost-effective and efficient delivery of the Project for a cost

that is less than the projected cost of importing water and treating wastewater while providing transparent pricing that takes advantage of the efficiency of a PDB delivery model;

• Advising and assisting the JPA in delivery of the Project in a manner that creates schedule efficiencies, meets or exceeds deadlines, and achieves project cost savings;

• Assist with seamless integration and coordination of all Project packages during all phases of the design-build process;

• Working with the JPA to ensure that the Project Team meets or exceeds all applicable regulatory and permitting requirements resulting in a reliable, uninterrupted, clean, and safe water supply.

D. Budget/Funding

The estimated design and construction cost for the entire Project is $320 million, excluding contingency. It is anticipated that the Project will be funded through a combination of state and federal grants, low interest loans, municipal bonds, and cash. The JPA has budgeted approximately $15M for OA services


over the anticipated term of the contract.

E. Schedule The Project is expected to be complete and online in 2025. The indicative Project schedule is provided in Attachment D.

F. Environmental Status

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.

III. EXISTING DOCUMENTATIONS

Over the past four (4) years documentation has been developed for the Project as part of various studies and task orders. Prospective proposers are encouraged to review the documents listed in Table 1 below. The documents are available at the following website: (www.eastcountyawp.com). Document Number

Description Report Date

1 East County AWP Final RFP – Package #1 April 2020 2 East County AWP Final RFP – Package #2 April 2020 3 East County AWP Final RFQ – Package #3 April 2020 4a East County AWP Package #1 Progressive Design-

Build Agreement April 2020

4b East County AWP Package #1 Progressive Design-Build Agreement Exhibits

April 2020

5 East County AWP Package #1 Scope of Work – Phase 1

April 2020

6 East County AWP Package #2 Scope of Work – Phase 1

April 2020

7 East County AWP Project Final IS/MND December 2018 8 East County AWP – AWP Facility Initial BODR April 2020 9 East County AWP – New WRF Initial BODR April 2020 10 East County AWP – Solids Handling Facility Initial

BODR April 2020

11 East County AWP – AWP Pipeline, Dechlorination Facility, and Lake Jennings Inlet Initial BODR

April 2020

12 BIM Delivery Guidelines March 2020 13 East County AWP – Preliminary Geotechnical

Investigation April 2020


IV. SCOPE OF SERVICES

GENERAL The JPA intends to retain a qualified and committed consultant or consultant team to be part of the Project team. The JPA intends to select an Owner’s Advisor based on the Proposal offering the best qualified team and most beneficial approach for performance of the OA Services on a reasonable and fair time and materials, not-to-exceed (NTE) budget basis. The JPA’s final selection of the preferred Proposer will be based on demonstrated qualifications, experience, method of approach and other non-price criteria. The JPA will enter in negotiation of fair and reasonable fixed hourly rates and Contract NTE value with reference to the rates specified in Proposer’s Price Proposal. The Owner’s Advisor will be an integral partner to contribute to the successful procurement of the Design-Build Contract for Package #3, and design, construction, and operation of the entire Project. The successful Proposer shall demonstrate the availability of qualified personnel to perform the required OA Services. The JPA has determined the PDB delivery method to be the optimal approach to meet a final completion and Commercial Operation date of March 2025. The Project is funded in large part by state and federal grants and low interest government subsidized loans. By utilizing a PDB project delivery approach, the JPA expects to secure substantial benefits for its customers. These benefits include:

• expedited Project design; • potential cost savings from innovation and construction scheduling; • optimal risk allocation; • competitive design selection; • clear assignment of performance responsibilities to a single contracting

entity; • optimal design for efficient and cost effective operation and maintenance

A challenging feature of the Project is that it consists of three PDB Packages that must be awarded, developed, and implemented in a concurrent manner and ultimately integrated into a single cohesive Project by the required commercial operations start date. The OA will be required to support the JPA through program management and technical expertise concurrently on all three Packages and coordinate interaction and integration activities to ensure that milestones and critical path items are met for each of the three Packages and that the Project, as a whole, maintains its schedule to meet a start of commercial operations date of no later than March 2025. The Project requires the OA to provide a large variety of services. The OA consultant team shall have experience in competitive procurement contract negotiations and shall possess a full spectrum of engineering/financial expertise, including: structural, civil, process mechanical, instrumentation & controls, environmental,


value engineering, cost estimating, and construction management. OA shall be knowledgeable of laws and regulations related to treatment facilities including: NPDES permit regulations, California Surface Water Augmentation Regulations, California Title 22 Regulations, APCD regulations, greenhouse gas regulations, OSHA, and environmental documentation requirements. Consultant shall have experience in start-up, commissioning, and operation of large scale wastewater and advanced water treatment plants, pump stations, transmission mains and developing comprehensive asset management programs. The OA consultant team shall be experienced in developing and tracking multiple, complex schedules and performing a wide variety of administrative tasks related to capital project implementation. The OA Program Manager will report to the Director of Engineering and Planning for Padre Dam who serves as the Interim Administrator of the JPA. The JPA has determined that it will base its project execution structure around project teams for each of the three Packages. Attachment B provides a conceptual organizational chart of how the Administrator’s staff will be organized to the deliver the individual packages. The foundation of the Team consists of a Package Leader for each individual PDB Package. Centralized support in the areas of financial advisor services, project permitting and regulatory compliance support, and public outreach services will be provided by the JPA through consultant contracts separate from the OA. The OA shall complement and supplement the Interim Administrator under the basic organizational structure shown in Attachment B through both centralized and individual PDB Package specific services. The OA shall become familiar with the JPA’s policies and procedures and be an extension of the Interim Administrator’s (Padre Dam) staff. It is therefore important that the OA team shares common values and a communication style for successful integration with the Padre Dam staff. It is the JPA’s expectation that the OA will operate in an advisory capacity on matters requiring decisions and provide assistance as an extension of staff to the Package Leader for each individual Package. The OA is not expected to navigate the Project through JPA administrative and Board approval procedures, but is expected to work with Interim Administrator staff to prepare support documents needed for Padre Dam staff to move the Project through the JPA administrative and Board approval process. Padre Dam staff will work with the OA to determine how best to accommodate the Consultant team for optimal efficiency to best support development and delivery of the Project. During Phase 2 work, the OA will assist the JPA and DB Teams in establishing a common location at which the integrated Project team and PDB team will reside during construction. The OA shall keep its work properly organized at all times. As much as possible, records shall be in electronic format compatible with Padre Dam’s software, hardware, and security protocols. Records of work shall be available to Padre Dam and the JPA at all times. JPA will have ownership rights of all records and documents. OA shall not share Padre Dam or JPA documents or information with


anyone outside of the JPA, except the OA consultant team, without the JPA’s approval. Any preliminary design performed by the OA under this Contract shall be the property of the JPA and the JPA has the right to allow the design engineer to use the preliminary design documents to complete the final design. Throughout the term of the contract, OA shall ensure the availability of qualified staff with the discipline-specific expertise and experience to provide the necessary engineering and technical support to the JPA and work to align the entire integrated Project team with the JPA’s priorities throughout the course of the Project. PROFESSIONAL OA SERVICES The required OA Services include all services necessary for the implementation and delivery of the Project. The tasks listed below are not all-inclusive and Proposers shall use the list as a basis for preparation of their Proposals. Proposers are encouraged to suggest additional or alternative scope items as they see fit and that are appropriate to best meet the desired JPA goals in a cost effective manner. The JPA may request additional services from the OA that best serve the JPA’s interests to deliver the Project. Conceptually, the scope of work must address the following: A. Program Management Provide overall program management, contract administration/management, cost/schedule control, and project management to complete the Project on schedule and within budget. 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 Microsoft SharePoint and 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. OA shall provide necessary administration, minutes, proper invoicing, meeting funding agencies requirements, budget control, project controls, quality assurance and reviews, and professional oversight. Project staffing shall be maintained at acceptable levels to keep the Project on schedule, ensure continuity of information, and satisfy the requirements of the scope of work. The OA shall:

• Develop and maintain a master schedule of the ECAWP Project, perform Critical Path Method (CPM) analysis and exception management. Recommend (as needed) phasing of work, critical paths, and milestones for all PDB packages while ensuring the Project complies with regulatory and other requirements.


• Refine, customize, and oversee program management tools to fit the specific needs of the Project, including tools for budget management, schedule management, Building Information Modeling (BIM), cash flow & forecasting, and accounting & financing. Work with JPA staff to develop an acceptable system that meets the needs of the Project.

• Develop and maintain a comprehensive overall program budget and cash

flow projection for the Project and recommend project controls and process for Quality Assurance/Quality Control.

• Utilize Microsoft SharePoint and Microsoft Teams to maintain a record keeping and document management system for all project related documents, communications, files, and drawings consistent with legal requirements and industry best practices. Set up and manage JPA selected Project Management Online Software including shared documents, contacts, and calendar.

• Provide administrative support personnel and services required for the various functions within the Project. Assist with scheduling meetings, maintaining attendance logs and contact information, and preparing meeting minutes. This support function would also maintain a log of all presentation materials.

• Prepare monthly invoices in accordance with JPA requirements for review. Invoices shall be clearly presented in an organized manner, with costs distributed among tasks.

• Receive, review, and recommend for payment certified payrolls from the

Contractor and each of its subcontractors. Check for the “Statement of Compliance” from the Contractor and/or subcontractors and spot check wages for each classification or laborer or craftsperson. Notify the JPA of any discrepancies and/or errors. Request corrected certified payroll as necessary.

B. Project Procurement Phase

• Consider and respond to RFIs from shortlisted proposers relating to scope of work and RFP for Package #3 and prepare addenda with respect to such documents.

• Assist JPA in evaluating submitted Proposals for Package #3, responding to RFIs and selecting the Proposer offering the best value Package #3 Proposal to the JPA.

• Assist Padre Dam staff in administering the Package #3 procurement


process for the JPA. • Provide contract negotiation support for each Project Package. • Upon completion of negotiations, work with the JPA and its legal counsel to

integrate the proposal information into the Design-Build Contracts and finalize the Design-Build Contracts.

• Assist JPA in developing RFP for construction management services and provide

JPA staff technical support during the selection process. It is anticipated that two RFPs will be developed for construction management services. One for Package #1 and the other for Packages #2 and #3.

o Alternatively, the JPA may request the OA to provide or assist with

construction management services. If requested by the JPA, OA shall prepare its proposed scope and budget for construction management services. JPA will amend the OA annual contract to include the agreed upon scope and fee for construction management services.

C. Engineering & Technical Assistance During PDB Phase

The PDB Phase for each Project Package shall commence with the execution of the Design-Build Contract for the relevant Project Package. For each of the three Packages the OA shall: • Convene a Senior Advisor’s Committee of engineering, construction, treatment

plant operations, and pipeline and pump station design experts with wide-ranging experience in similar projects to assist the Interim Administrator and the OA in resolving various technical and regulatory issues that may arise and to strengthen the overall Project’s Quality Assurance/Quality Control Program. The Senior Advisor’s Committee shall be selected in conjunction with and approved by the JPA Administrator. The JPA shall set the allowable budget for the Senior Advisor’s Committee and the OA shall be responsible for all administrative and logistical tasks associated with the Senior Advisor’s Committee.

• Provide coordination, and act as liaison, among the different Design-Build Teams

for each of the Project Packages.

• Provide coordination and facilitate resolution of major Project permitting, environmental, and technical issues to accomplish efficient delivery of the Project.

• Provide independent engineering Project cost estimates, evaluate and validate

target price and GMP proposals, and assist Administrator staff in the negotiations of the GMP for Phase 2 of each Project Package and the Transitional Operations and Maintenance Phase (Phase 3) cost associated with Package 1.


• Assist and advise the JPA on issues related to the Design-Build Contracts.

Consider and recommend to the JPA clarifications and interpretations of the Design-Build Contract documents as appropriate to support the timely completion of Package Work.

• Risk Management Plan - Develop and update as needed a risk management plan

to capture relevant and changing risk profiles. • Design reviews – Assist Package Leader’s in their review of all design packages

ensuring that all standards are followed and reviews are completed in a timely manner and according to schedule. Review basis of design reports and designs for consistency with Design-Build Contract and requirements. Assist staff in review and comment on operability reviews of appropriate design submittals and attend operability review workshops with Operations staff to gather their input and inform them of what is designed.

• CEQA Coordination – Provide qualified staff to implement and monitor the

identified mitigation measures during design and construction of the Project and assist Interim Administrator in drafting addenda, supplemental, subsequent or other CEQA documents.

• Construction Support – Support the JPA in overall coordination of all construction

management (“CM”) services and contracts. It is expected that the majority of the CM and inspection services for individual Project Packages will be provided by other consultants, provided, however, that the JPA shall have the right to add CM services to the scope of OA Services.

• For JPA directed design changes, recommend Change Orders to the JPA, as

appropriate, prepare Change Order Directives and supporting information as required and/or requested by the JPA, and submit to the Design-Build Contractor to complete and issue.

• For Design-Build Team requested design changes, review request for Change

Order and make recommendation on approval or denial of Change Orders to the JPA

D. Start-up and Commissioning Phase

Provided necessary approvals are obtained for Phase 2 and Phase 3 (for Package 1 only):

• Review and comment on the commissioning plan and acceptance testing activities, and provide assistance during the acceptance testing for all Packages.


• Provide assistance, as requested by JPA, in connection with the refining and adjusting of any Project equipment or systems and associated programming, including seasonal and emergency related events.

• Assist JPA in discussions with the Design-Build Contractor concerning

correction of defects; and provide recommendations as to replacement or correction of defective work.

• Assist, coordinate, and advise the Interim Administrator’s staff regarding the

operational optimization and maintenance of Project equipment, treatment processes and systems.

• Assist JPA with information and data management systems.

• Assist JPA in transition to Interim Operator for Package 1 from Startup &

Commissioning/Acceptance testing to Commercial Operations

• Assist JPA in transition from Startup & Commissioning/Acceptance testing for Packages 2 and 3 to Commercial Operations

E. Additional Services

At the request of the JPA, the OA shall perform Additional Services. All Additional Services shall be performed upon request by JPA and shall be governed by the terms and conditions in the Contract.

V. QUALIFICATIONS

The JPA is committed to selecting the right OA and creating a project culture that will maximize the benefits of a PDB delivery method. It is envisioned that this will include working collaboratively with the JPA, Design-Build Teams and other Project stakeholders and maintaining timely, transparent, and effective communication at all times. To this extent the JPA is seeking to engage an OA with the appropriate mix of leadership, technical, and facilitative skills necessary to be successful. Proposers are encouraged to refer to the Design-Build Institute of America (DBIA) publication “Selecting and Using an Owner Advisor in Design Build” for a more in-depth description of the qualifications the JPA is looking for in an OA. The JPA desires to contract with an OA team consisting of key team members that are appropriately certified and/or licensed to perform the work and that demonstrate previous advisor or program manager experience with a PDB delivered project. The OA’s designated Program/Project Manager shall have significant experience in large project oversight and implementation with a variety of delivery methods, which preferably include Projects of Similar Scope and Complexity. The


Program/Project Manager shall be a working Project Manager and possess an understanding of project cash flow and financing mechanisms, cost control techniques, creative thinking, clear and effective verbal and written communication skills, and shall have the interest and ability to work in a team-oriented, collaborative work environment. The Project will be financed through a variety of federal and state funding sources, and the JPA desires that the OA have experience managing the requirements associated with project compliance within these various funding sources.

VI. PROPOSAL REQUIREMENTS

Written proposals are to include a discussion of the Proposer’s understanding of and approach to the OA Services, a breakdown and explanation of anticipated Project tasks including Proposer’s suggested revisions to the SOW, documentation of Proposer’s qualifications, and a separate NTE Fee Proposal (including rate schedule) that the JPA will review after evaluating the other aspects of the Proposal. The Proposal shall be concise, well-organized, and demonstrate the Proposer’s qualifications and experience applicable to the Contract. Emphasis should be on completeness and clarity of content with sufficient detail to allow for an accurate and comparative evaluation. The minimum font size for the Proposal is 12-point. The Proposal shall not exceed a total of the equivalent of 20 single-sided, 8.5” x 11” pages excluding appendices (see notes in Table of Proposal Contents, below). The required forms (Attachments E-1 through E-5) must be completed and included in an appendix at the end of the RFP, and are excluded from the page limitations. In the lower left-hand page of the Proposal, and on each copy of the Proposal cover, place the following notation: “RFP for Owner’s Advisor Services, Proposal of [Insert name of Proposer]”, [Original OR Copy [# of 6]”. The Proposal shall include the following sections:

Section Proposal Contents Notes

Cover Letter Transmittal 1 Executive Summary 2 pages maximum 2 Company Information 3 Firm Experience 4 Proposed Owner’s Advisor (OA) Team 5 Key Project Personnel Include resumes and letter

of commitment in appendix. 6 Project Approach 7 Scope of Work 8 NTE Fee Proposal Include in a separate sealed

envelope.

The following summarizes the expected contents of each of the listed Sections of the Proposal:


Cover Letter The Proposal shall be transmitted with a cover letter describing the Proposer’s interest and commitment to the proposed Project. The cover letter shall include the name, title, address, and telephone number of the individual to whom correspondence and other contacts should be directed during the Proposal selection process. The person authorized by the Proposer to negotiate the Contract with the JPA shall sign the cover letter. Address the cover letter as follows:

East County Advanced Water Purification JPA ATTN: Mark Niemiec, P.E.

Section 1 - Executive Summary Include a brief overview describing the highlights of the Proposal. Provide a brief narrative description of the Project that includes the Project’s principal elements and challenges; demonstrates an understanding of the Project’s objectives; and describes the approach to accomplish the OA Scope of Services. Section 2 - Company Information A. Identification of Proposer B. Legal name and address of Proposer C. Legal form of company (partnership, corporation, joint venture, etc.) D. Identification of the parent company E. Addresses of office(s) located in San Diego County F. Number of employees in San Diego County G. Name, title, address and telephone number of person to contact regarding the

Proposal. Proposer shall also complete the Consultant Information Form provided in Attachment E-1, and submit the completed form with the Proposal. Section 3 – Proposer Experience Provide a narrative that clearly demonstrates that the Proposer meets the qualification requirements outlined in Section V of this RFP. Provide sufficient information in the Proposal to evaluate the Proposer’s ability to successfully complete the Scope of Services outlined in Section IV of this RFP. Include the following information as part of this Section of the Proposal: A. General

1. A description and background summary of the Proposer prime contractor firm. The summary shall include the Proposer’s qualifications, commitment


to the Project, and technical capabilities to fulfill all services specified and required to successfully accomplish the work for each of the entities comprising the Proposer.

B. Similar Projects 1. A description of 3 to 5 recent Projects of Similar Scope and Complexity by

the Proposer demonstrating experience in the role of a design-build team member and as an OA/Program Manager on a progressive design-build project, design-build project, or other alternative delivery project. Each description will be limited to two (2) pages and shall demonstrate the Proposer’s experience relevant to its specifically defined responsibility and similarity to the ECAWP Project description. Each description shall include:

• Project name, location, owner, and owner contact information; • Dates when the project/program/contract was performed (start and end

dates); • Proposer’s role and responsibilities in the project/program/contract and

start/end dates of Proposer’s participation in the project; • Project Overview: Include description of delivery vehicle used for project

and type of treatment processes incorporated into the project highlighting wastewater treatment facilities, solids handling facilities, advanced water treatment facilities (including microfiltration/ultrafiltration, reverse osmosis, and UV/AOP unit processes), Instrumentation/Controls integration, Pump Stations, and Conveyance Facilities;

• Proposer staff member(s) who worked on the project/program/contract and their project title;

• Project award amount and final Project cost; • Proposers should indicate if the project/program/contract was

performed on schedule and on budget

C. Procurement

1. Discuss experience and approach in developing PDB procurement documents.

2. Demonstrate experience in successful contract negotiations with design-builders in an owner's representative capacity.

3. Demonstrate understanding and appropriate use of a GMP in design-build

contracts.

a. Discuss the benefits, if any, to the JPA in negotiating the conversion of a GMP to a lump sum scope of work.

D. QA/QC of construction and operating Cost Estimates


1. Describe approach and types of resources used in cost validation and to provide QA/QC review of construction and operating cost estimates.

a. Describe processes and tools for monitoring, reporting and managing costs.

b. Describe the key factors to consider that will result in increased cost efficiencies meeting Lifecycle cost objectives.

E. Provide discussion of experience in claims review/management during

construction phase, operations and warranty phase, project handover and transition.

Section 4 - Proposed OA Team Attachment B includes an organizational chart illustrating the JPA’s anticipated roles on the Project. The Proposer shall utilize this chart as the basis for developing and submitting an organizational chart identifying key program roles and functions, the associated key team members, and reporting relationships. Clearly label and indicate roles of any sub-contracted specialties and self-performed specialties. The organizational chart should demonstrate the Proposer’s resources necessary to achieve Project excellence and meet the Project Goals while adhering to the available budget.

Section 5 - Key Project Personnel

A. Provide detailed discussion of the experience of the designated Program/Project Manager and other key Proposer team members.

B. Provide resumes for Program/Project Manager and other key team members.

Please limit each resume to two (2) pages. Include relevant information to enable the JPA to evaluate the team member’s respective abilities and experience to successfully fulfill their roles, and complete the Scope of Services, including, but not limited to the following:

1. Profiles for each member detailing experience in roles similar to the one

identified for them for this Project. JPA shall evaluate individual credentials to determine the best qualified team based on education, licensure, experience on similar projects in similar roles, and prior experience working as a team.

2. Include three (3) specific project reference contacts on at least 3 different projects of similar scope and complexity. Include client name, reference name and reference contact information, including title, agency name, address, telephone number, and email address. The references must be knowledgeable about the work of the Proposer prime contractor or joint venture partner on the project/program/contract


3. Provide a letter of commitment (1 page), attached to the resume, from each proposed key/lead team member identified in the Proposal. Each letter of commitment shall be signed by the applicable individual and include a statement by the applicable individual that, if the JPA awards an agreement to the Proposer, he or she intends to work on the Project at the percentage of work time specified by Proposer in its Proposal for the duration of the Project (or proposed role). In the absence of a letter of commitment from an identified key/lead team member, the JPA may determine that the Proposer does not have commitment from the identified individual.

Section 6- Project Approach Provide a detailed description of the Proposer team’s approach and methodology highlighting how the Proposer team’s approach will assist the JPA in exceeding the Project Goals while delivering an exceptional Project. Develop and describe a conceptual program plan that satisfies the minimum requirements listed in Section IV and includes additional concepts and ideas that will lead to the successful implementation of the Design-Build Contracts and each Project Package. The approach should reflect the integration of Proposer team members and JPA staff. Additionally, include a discussion of the items below: A. Describe the primary role of the OA on this Project and, as the Project OA, how

do you assist the JPA to accomplish its more aspirational Goals.

B. Based on your Team’s experience, include a discussion of constraints, problems, and issues that should be anticipated during implementation of the Design-Build Contract and suggest approaches to resolve them including how your Team would best deploy creative solutions to manage cost, schedule, risks, value engineering, and long-term O&M.

C. What makes this specific project unique and does your Team have a unique approach to supporting the JPA in delivering a successful Project?

D. Identify the key elements, activities, and specific work tasks that will need to be executed to reach a successful GMP leading to the JPA’s execution of Phase 2 work in each Project Package and Phase 3 for Package #1.

E. What factors would drive an owner to consider taking an “off-ramp” and

terminate the PDB Contract for a Package? What best practices does Proposer recommend to clearly address the “off-ramp” topic and minimize the chance of such an outcome?

F. How does Proposer stay cost effective on a project and what tools are utilized?

In what ways does Proposer increase the value delivered/added to your clients?

G. Describe the pros and cons of the OA also performing the CM role to assist the


JPA with a decision for including or excluding CM work in the OA contract.

H. Project Management

1. Discuss your approach for document management for this Project. Discuss how it will facilitate collaboration, inter-operability with other technologies, and communication between team members.

2. Schedule - Discuss management of the master schedule and integration of other schedules including the Design-Build Contractors’ respective schedules.

3. Quality Assurance/Quality Control (QA/QC) - Discuss methods of QA/QC and demonstrate how the approach is unique among others and how it minimizes JPA’s exposure to risk while not inhibiting construction progress.

I. Discuss how the use of predictive analytics and artificial intelligence can

potentially benefit this Project.

J. Describe your approach to data management, specifically leveraging design and construction data to inform O&M management systems.

K. Describe Proposer’s approach on conflict resolution between the various entities involved in the design and construction of a design-build project.

Section 7 - Scope of Work The Scope of Services provided under Section IV is intended to define the minimum activities the JPA expects the OA to conduct over the course of the contract and shall be used as a basis for preparation of a comprehensive scope of work. Proposers may modify the work scope as outlined in Section IV in order to improve the Project value, to incorporate innovative technology or methods, or to add missing elements that are essential for successful Project management support and completion. In this section of the proposal provide Proposer’s proposed comprehensive Scope of Services, including anticipated Task Orders and level of effort. Include any modifications to the Scope of Services incorporating innovative technology or methods that Proposer deems necessary to provide the best Project value to the JPA and meet the JPA’s goals. The description shall be detailed enough and written specifically to define the scope of work that will be included in the contract with the selected Proposer. The detailed scope of work will be evaluated as part of the selection process and negotiated with the preferred Proposer selected by the JPA for the Contract.


Section 8 – Not-to-Exceed (NTE) Fee Proposal Proposer shall submit a fee proposal for the anticipated task orders and level of effort for the first two terms of the Program (FY ’21 & FY ’22). Fees shall be developed on a time and material, not to exceed basis. Fee proposal shall be submitted in a separate sealed envelope and shall include the following:

• Hourly billable rates for all personnel to form the initial Table of Rates and Prices to be included in the Contract. Separate these rates by each Term (fiscal year) of the contract indicating any changes to the rate schedule that would apply over the Contract term.

• The estimated fees for each proposed Task in the Proposer’s proposed comprehensive Scope of Services. Highlight those tasks that represent a modification to Section IV of this Proposal. Include a summary cost sheet organized by each Term (fiscal year) for the tasks outlined with hours, costs, and fees.

o The NTE for each contract Term and individual Task will be negotiated

with the selected Proposer based upon the agreed hourly billable rate schedule to be inserted as the Table of Rates in the Contract.

• Proposers shall also provide a schedule of other direct or reimbursable costs

to provide the OA Services. Cost Summary forms must be completed and submitted for subcontractor agreements.

The final scope of services for the OA Services, Table of Rates, and Contract NTE of the top ranked Proposer will be negotiated after preferred Proposer has been selected. If agreement on the final scope of services and Contract NTE cannot be reached with the top ranked Proposer, the second-ranked Proposer, and the third ranked Proposer, will be considered in that order.

VII. SELECTION PROCEDURES Overview The JPA will establish an evaluation committee to review and score Proposals and identify a preferred Proposer. The evaluation committee will include representatives from member agencies of the JPA and may include other ECAWP Project partners or other persons selected by the JPA. The JPA reserves the right to modify evaluation committee membership at any time. At various times during the deliberations, 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. Proposals shall be evaluated on the basis of the Evaluation Criteria in this RFP. Evaluations of Proposals are subject to the sole discretion of the JPA and its designees, with assistance from such professional and other advisors as the JPA may additionally designate. In addition, any other pertinent information which becomes available during the evaluation and interview may be considered in the evaluation. Final selection will be based on the Proposal as well as the interview, if required. The Proposer awarded the Contract will be chosen on the basis of the apparent greatest benefit to the JPA. Contract negotiations will begin immediately after the interview process with the JPA’s highest rated Proposer. In the event the JPA cannot reach an agreement with the Proposer determined to be the most qualified and offering the best approach to perform the OA Services, the JPA may enter into contract negotiations with the next highest rated Proposer, in sequence, until an agreement is reached or a determination is made to reject all Proposals. As a result of this RFP process, the preferred Proposer will be established and recommended to the ECAWP JPA Board of Directors. The JPA will make the final determination of the Proposer selected, as it deems appropriate, in its sole discretion, and in the best interests of the ECAWP Project. Each Proposer will be notified in writing whether or not it has been selected as the preferred Proposer. Interviews

• Interviews may be conducted at the option of the evaluation committee. If no interviews are conducted, then the scores from the written Proposals shall be utilized to determine the top ranked firm to be selected for Contract discussions.

• If interviews are conducted, the evaluation committee may in its sole

discretion conduct interviews with the two or three top ranked firms based of the score from the written Proposals.

• If interviews are conducted, then scores from the interview will be added to

the final written proposal score and utilized to select the top ranked firm for Contract discussions.

A proposal with all the requested information does not guarantee the proposing firm to be a candidate for an interview. If the evaluation committee determines in its discretion that interviews are needed, the Evaluation Committee will schedule the interviews with the selected firms. The Proposer’s interview team must include the project team members expected to complete a majority of work


on the Project, but no more than 6 members total. Proposer’s are expected to introduce and involve the professionals who will be assigned to the Project and make them available for questions by the Evaluation Committee. Specific instructions and criteria will be sent to those Proposers invited to the interview. Responsiveness Each Proposal will be reviewed for its: (a) responsiveness to the requirements in this RFP, (b) conformance to the RFP instructions, and (c) non-conformities and irregularities. Those Proposals not responsive to this RFP may be excluded from further consideration and the Proposer will be so notified. The JPA may also exclude from consideration any Proposer whose Proposal contains a material misrepresentation; notwithstanding the foregoing, the JPA’s Evaluation Committee may, in its sole discretion, waive any minor irregularity or nonresponse in the Proposal and request clarification or additional information, as applicable, to remedy that irregularity or failure, as applicable. In addition, the evaluation committee may, in its sole discretion, reject all Proposals. Evaluation of Proposers and Evaluation Criteria In the evaluation and scoring of Proposers, the JPA will consider the information submitted with respect to the evaluation criteria set forth below to evaluate specific aspects of a Proposer’s Proposal and how well the Proposer addresses the Project Goals. The result of the evaluation will be a comparative scoring of Proposers. In evaluating each of the criteria, the Evaluation Committee will identify significant and minor strengths and weaknesses from the submissions. The Evaluation Committee will then use the following standards to evaluate the submissions and determine the number of points for each evaluative criteria based on the maximum point assigned in the table below. A. Definition of “strength” and “weakness”:

1. The term “strength” ultimately represents a benefit to the Project and is

expected to increase the Proposer’s ability to meet or exceed 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 exceed the Project Goals.

2. The term “weakness” detracts from the Proposer’s ability to meet the

Project Goals and may result in inefficient or ineffective performance. A minor weakness has a slight negative influence and a significant weakness has a considerable negative influence on the Proposer’s ability to exceed the Project Goals.


B. Written Proposal Evaluation Point Summary - All responsive Proposals meeting the requirements will be further evaluated based on the criteria listed below, which corresponds to information requested in various sections of the Proposal.

CRITERIA Weighted

Value Score

(1=low, 10= high)

Total Score

Max Score

Ability to Support JPA 20 200 Relevant Project Management Experience

20 200

Approach & Understanding of Project in an OA Role

30 300

Qualifications of OA Team and Organization

30 300

Total Written Proposal Points Possible

100 1000

Evaluation Committee Interview (if required)

50 500

Total Proposal Points Possible if Interviews are Conducted

150 1500

C. Written Proposal Evaluation Factors

1. Ability to Support JPA – Up to 20 points may be awarded based on the firm’s history, areas of expertise, address of office that will manage project, length of time in business, and firm’s commitment to provide necessary resources to perform and complete the Project (adequacy of labor commitment and availability of key personnel).

2. Relevant Project Management Experience – Up to 20 points may be awarded based on a description of Proposer’s past performance and experience in successfully managing and implementing Projects of Similar Scope and Complexity; technical experience/proven specialization in performing work of a similar nature; experience working with public agencies; record of completing work on schedule and budget; strength and stability of the firm; and assessments by client references.

3. Approach and Understanding of Project in an Owner’s Advisor Role - Up to 30 points may be awarded based on the Proposer’s approach and methodology to assist the JPA in exceeding the Project Goals while delivering an exceptional Project; Proposer’s understanding of the tasks that must be accomplished to complete the project (comprehensive scope of services); how the Proposer proposes to execute the tasks; and unique aspects of the Project and alternative approaches the JPA might wish to consider. Evaluation will also be based on the Proposer’s understanding of the work involved in and for the delivery of Projects of Similar Scope and


Complexity and the demonstrated ability to work collaboratively with JPA staff to creatively address complexities.

4. Qualifications of Owner Advisor Team and Organization – Up to 30 points may be awarded based on the resume for the key people assigned to the Project (including sub-consultants) showing technical knowledge and relevant experience on recent Projects of Similar Scope and Complexity. Identify the project manager who will be responsible for the day-to-day management of project tasks and will be the primary point of contact. The submitted organizational chart shall be evaluated to demonstrate the Proposer’s ability to assemble a highly qualified team with the depth of resources necessary to achieve the Project Goals.

D. Interview (if required) – Proposers invited to an interview (based on written

proposal score) will be further evaluated using criteria provided by the JPA prior to the interview date. Interview format and instructions will also be provided later.

VIII. SPECIAL CONDITIONS

A. Reservations

This RFP does not commit the JPA to award a contract, to reimburse any costs incurred in the preparation of Proposal pursuant to this RFP, or to procure or contract for work. Award of the Contract is not a guarantee for any minimum amount of services to be performed by the OA.

B. Public Record

All proposals sand materials submitted in response to this RFP become the property of the JPA and public records, and as such may be subject to public review. Information submitted by the Proposer may be subject to release under the California Public Records Act, Freedom of Information Act, or other statute/regulation which governs the conduct of government officials and employees that receive proposals from prospective contractors. The JPA shall accept materials clearly and prominently marked “TRADE SECRET,” “CONFIDENTIAL,” or “PROPRIETARY,” as determined by the submitting party. The JPA shall endeavor to inform the submitting party of any request for disclosure of such materials. Under no circumstances, however, shall JPA be responsible or liable to the submitting party or any other party for the disclosure of any such labeled materials, whether the disclosure is required by law or a court order, or occurs through inadvertence, mistake, or negligence on the part of the JPA or its officers, employees, consultants, or any of the above. The JPA shall not advise as to the nature or content of documents entitled to


protection from disclosure under the California Public Records Act, including interpretations of the Act or the definition of “Trade Secret.” The submitting party shall be solely responsible for all determinations made under the Act, and for clearly and prominently marking each and every page or sheet of materials with “TRADE SECRET,” “CONFIDENTIAL,” or “PROPRIETARY” as it determines to be appropriate. Each submitting party is advised to contact its own legal counsel concerning the California Public Records Act and its applicability to the JPA’s own circumstances. In the event of litigation concerning the disclosure of any material submitted, the JPA’s sole involvement shall be as a stakeholder, retaining the material until otherwise ordered by a court. The submitting party, at its sole expense and risk, shall be responsible for prosecuting or defending any action concerning the materials and shall hold the JPA and each of the governmental entities that is now or may in the future become a member of the JPA and their respective successors and assigns and their respective officers, directors, employees, agents and representatives harmless from all costs and expenses, including attorneys’ fees, in connection with such actions.

C. Right to Cancel

The JPA reserves the right to cancel this RFP, in part or in its entirety. If the JPA cancels or revises the RFP, the JPA will notify all firms in writing.

D. Additional Information

The JPA reserves the right to request additional information and/or clarifications from any or all Proposers.

E. Agreement for Professional Engineering Service

The selected Proposer will be required to sign a copy of the Contract (copy attached) within [#] days of receipt of the final Contract from the JPA.

F. Insurance Requirements

The JPA requires all consultants to procure and maintain, during the period of performance of this Contract, insurance as described in Paragraph 11 of the attached Contract. The required insurance is in at least the following amounts:

• Workers compensation and employer’s liability insurance – Workers

compensation in compliance with the applicable state and federal laws; employer’s liability with a limit of $1,000,000 per occurrence.

• Comprehensive general liability insurance – Insurance including blanket contractual, broad form property damage, completed operations, and


independent contractor’s liability, all applicable to personal injury, bodily injury, and property damage to a limit of $2,000,000 per occurrence and $4,000,000 aggregate.

• Comprehensive automobile liability insurance – List name(s) of insurance providers for comprehensive automobile liability insurance and amount. (Must include owned, hired, and non-owned automobiles, for bodily injury and property damage to a combined single limit of $1,000,000 each occurrence.

• Professional liability (errors and omissions) insurance – To a limit of

$1,000,000 each claim, and $1,000,000 aggregate.

The selected Proposer must provide the JPA with the required insurance certificates within 14 days of notice of selection.

G. Incorrect References

JPA will not be responsible for non-responsive references or references with incorrect contact information. A reference will be found non-responsive if the Proposer’s information cannot be verified by a reference within seven (7) calendar days of first contact attempt by JPA staff. The JPA may, at its discretion, make contact with any number of individuals, entities or firms provided in the references and will apply the same reference checking criteria to all Proposers.

H. Protest Procedures and Debriefings

• Applicability and Process

This Section VIII.H 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 an Proposal passes the pass/fail criteria in this RFP; and c) Award of Contract.


• Required Early Communication for Certain Protests

Protests concerning the issues described in this Section VIII.H 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 VIII.H. Informal discussions shall be initiated by a written request for a one-on-one meeting delivered to the JPA Contact as specified in Section I.C. The written request shall include an agenda for the proposed one-on-one meeting. The JPA will meet with the Respondent 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. • Deadlines for Protests

Protests concerning the issues described in clause (a), above, must be filed as soon as the basis for the protest is known, but no later than ten 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 clause (b), above, 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 clause (c), above, must be filed no later than ten calendar days after announcement of the preferred Proposer.

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


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 JPA Contact to learn if the Padre Dam Customer Service Center is closed and how the protest should be filed.

• 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. • 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. • 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’s Board of Directors shall be final and non-appealable. • 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. • 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 VIII.H, 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. I. Debriefings

All Proposers submitting Proposals will be notified in writing of the results of the evaluation process. Proposers not shortlisted may request a debriefing within ten business days of notification of shortlisting. Debriefings shall be provided at the Interim Administrator’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. J. State and Federal Requirements The RFP and Contract are drafted based on the assumption that the Project will remain eligible for aid in the form of federal and state funds. Accordingly, the RFP and DB Contract conform to requirements of applicable federal and state law, including 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. 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.

Request for Proposals, Owner’s Advisor

ATTACHMENT A

FORM OF PROFESSIONAL SERVICES AGREEMENT

60025.00208\32760059.2

EAST COUNTY ADVANCED WATER PURIFICATION JOINT POWERS AUTHORITY

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of , 20___, by and between the EAST COUNTY

ADVANCED WATER PURIFICATION JOINT POWERS AUTHORITY (hereinafter referred to as the “JPA”),

organized and existing under the Joint Exercise of Powers Act, Government Code § 6500 et seq.

and , a [***INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE

PROPRIETORSHIP OR OTHER LEGAL ENTITY***] (hereinafter referred to as “Consultant”).

RECITALS

A. The JPA is a California joint powers agency established by a Joint Exercise of Powers

Agreement (“JPA Agreement”) entered into by Padre Dam Municipal Water District, the City of El Cajon

and the San Diego County Sanitation District for the purpose of financing, designing, constructing and

operating the East County Advanced Water Purification Project (hereinafter referred to as “the Project”).

B. Pursuant to the terms of the JPA Agreement, Padre Dam Municipal Water District,

(hereinafter referred to as “Interim Administrator”) serves as the JPA’s Interim Administrator for the

purpose of performing all services reasonably necessary for the management and administration of the

JPA.

C. The JPA is a public entity of the State of California and is in need of professional services

for the Project.

D. Consultant is duly licensed and has the necessary qualifications to provide such services.

E. The parties desire by this Agreement to establish the terms for JPA to retain Consultant

to provide the services described herein.

AGREEMENT

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the JPA with the services described in the Scope of Services attached

hereto as Exhibit “A.” [Alternatively, Scope of Services can be included here and all subsequent exhibits

renumbered accordingly.]

2. Compensation.

a. Subject to paragraph 2(b) below, the JPA shall pay for such services in accordance with

the Schedule of Charges set forth in Exhibit “B.” Payments may be made by the Interim Administrator on

behalf of the JPA. [Alternatively, Schedule of Charges may be included here and all subsequent exhibits

renumbered accordingly.]

b. In no event shall the total amount paid for services rendered by Consultant under this

Agreement exceed the sum of $ [Insert amount of compensation]. This amount is to cover all

Professional Services Agreement

between the East County Advanced Water Purification Joint Powers Authority

and [INSERT CONULTANT NAME]

[Insert JPA Job No.]

Page 2 of 16

60025.00208\32760059.2

printing and related costs, and the JPA will not pay any additional fees for printing expenses. Periodic

payments shall be made within 30 days of receipt of an invoice which includes a detailed description of

the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the JPA, and informal consultations with

the other party indicate that a change is warranted, it shall be processed in the following manner: a letter

outlining the changes shall be forwarded to the JPA by Consultant with a statement of estimated changes

in fee or time schedule. An amendment to this Agreement shall be prepared by the JPA and executed by

both parties before performance of such services, or the JPA will not be required to pay for the changes

in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of

this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred

shall be maintained by Consultant and made available at all reasonable times during the contract period

and for four (4) years from the date of final payment under the contract for inspection by JPA.

5. Time of Performance.

Consultant shall perform its services in a prompt and timely manner and shall commence

performance upon receipt of written notice from the JPA to proceed (“Notice to Proceed”). Consultant

shall complete the services required hereunder within [Insert number of calendar days for performance

of the services – if more detail is required attach “Activity Schedule” as Exhibit C and renumber all

subsequent exhibits accordingly.]The Notice to Proceed shall set forth the date of commencement of

work.

6. Delays in Performance.

a. Neither JPA nor Consultant shall be considered in default of this Agreement for delays in

performance caused by circumstances beyond the reasonable control of the non-performing party. For

purposes of this Agreement, such circumstances include but are not limited to, abnormal weather

conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts,

work slowdowns, and other labor disturbances; sabotage or judicial restraint.

b. Should such circumstances occur, the non-performing party shall, within a reasonable

time of being prevented from performing, give written notice to the other party describing the

circumstances preventing continued performance and the efforts being made to resume performance of

this Agreement.





Page 3 of 16

60025.00208\32760059.2

7. Compliance with Law.

a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the

federal, state and local government, including Cal/OSHA requirements.

b. If required, Consultant shall assist the JPA, as requested, in obtaining and maintaining all

permits required of Consultant by federal, state and local regulatory agencies.

c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of

hazardous and toxic substances spilled as a result of his or her services or operations performed under

this Agreement.

8. Standard of Care

Consultant’s services will be performed in accordance with generally accepted professional

practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by

members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant

Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in

this Agreement without the written consent of the JPA, which may be withheld for any reason. Any

attempt to so assign or so transfer without such consent shall be void and without legal effect and shall

constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject

to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from

employing independent associates, and subconsultants as Consultant may deem appropriate to assist in

the performance of services hereunder.

10. Independent Consultant

Consultant is retained as an independent contractor and is not an employee of JPA. No employee

or agent of Consultant shall become an employee of JPA. The work to be performed shall be in accordance

with the work described in this Agreement, subject to such directions and amendments from JPA as herein

provided.

11. Insurance

a. Commercial General Liability

(i) The Consultant shall take out and maintain, during the performance of all work

under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance,

in a form and with insurance companies acceptable to the JPA.

(ii) Coverage for Commercial General Liability insurance shall be at least as broad as

the following:





Page 4 of 16

60025.00208\32760059.2

(1) Insurance Services Office Commercial General Liability coverage

(Occurrence Form CG 00 01) or exact equivalent.

(iii) Commercial General Liability Insurance must include coverage for the following:

(1) Bodily Injury and Property Damage

(2) Personal Injury/Advertising Injury

(3) Premises/Operations Liability

(4) Products/Completed Operations Liability

(5) Aggregate Limits that Apply per Project

(6) Explosion, Collapse and Underground (UCX) exclusion deleted

(7) Contractual Liability with respect to this Contract

(8) Broad Form Property Damage

(9) Independent Consultants Coverage

(iv) The policy shall contain no endorsements or provisions limiting coverage for (1)

contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3)

contain any other exclusion contrary to the Agreement.

(v) The policy shall give the JPA, its member agencies, Board, each member of the

Board, officers, employees, agents and designated volunteers additional insured status using ISO

endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.

(vi) The general liability program may utilize either deductibles or provide coverage

excess of a self-insured retention, subject to written approval by the JPA, and provided that such

deductibles shall not apply to the JPA as an additional insured.

b. Automobile Liability

(i) At all times during the performance of the work under this Agreement, the

Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including

coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable

to the JPA.

(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance

Services Office Form Number CA 0001 covering automobile liability (Coverage Symbol 1, any auto).





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60025.00208\32760059.2

(iii) Subject to written approval by the JPA, the automobile liability program may

utilize deductibles, provided that such deductibles shall not apply to the JPA as an additional insured, but

not a self-insured retention.

c. Workers’ Compensation/Employer’s Liability

(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the

California Labor Code which requires every employer to be insured against liability for workers’

compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she

will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this

Agreement, at all times during the performance of the work under this Agreement, the Consultant shall

maintain full compensation insurance for all persons employed directly by him/her to carry out the work

contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance

Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and

Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to

obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the

same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)

At all times during the performance of the work under this Agreement the Consultant

shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a

form and with insurance companies acceptable to the JPA and in an amount indicated herein. This

insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be

written on a policy form coverage specifically designed to protect against acts, errors or omissions of the

Consultant. “Covered Professional Services” as designated in the policy must specifically include work

performed under this Agreement. The policy must “pay on behalf of” the insured and must include a

provision establishing the insurer's duty to defend.

e. Minimum Policy Limits Required

(i) The following insurance limits are required for the Agreement:

Combined Single Limit

Commercial General Liability $2,000,000 per occurrence/ $4,000,000 aggregate

for bodily injury, personal injury, and property

damage

Automobile Liability $1,000,000 per occurrence for bodily injury and property

damage

Employer’s Liability $1,000,000 per occurrence





Page 6 of 16

60025.00208\32760059.2

Professional Liability $1,000,000 per claim and aggregate (errors and

omissions)

(ii) Defense costs shall be payable in addition to the limits.

(iii) Requirements of specific coverage or limits contained in this section are not

intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally

provided by any insurance.

f. Evidence Required

Prior to execution of the Agreement, the Consultant shall file with the JPA evidence of

insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such

evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s

representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required

endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or

qualified representative of the insurer and shall certify the names of the insured, any additional insureds,

where appropriate, the type and amount of the insurance, the location and operations to which the

insurance applies, and the expiration date of such insurance.

g. Policy Provisions Required

(i) Consultant shall provide the JPA at least thirty (30) days prior written notice of

cancellation of any policy required by this Agreement, except that the Consultant shall provide at least

ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If

any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant

shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the

JPA at least ten (10) days prior to the effective date of cancellation or expiration.

(ii) The Commercial General Liability Policy and Automobile Policy shall each contain

a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or

other coverage maintained by the JPA or any named insureds shall not be called upon to contribute to

any loss.

(iii) The retroactive date (if any) of each policy is to be no later than the effective date

of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three

years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year

extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement;

B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy

with a retroactive date subsequent to the effective date of this Agreement.

(iv) All required insurance coverages shall contain or be endorsed to waive

subrogation against the JPA, its member agencies, officials, officers, employees, agents, and volunteers

or shall specifically allow Consultant or others providing insurance evidence in compliance with these





Page 7 of 16

60025.00208\32760059.2

specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of

recovery against JPA, and shall require similar written express waivers and insurance clauses from each of

its subconsultants.

h. Qualifying Insurers

(i) All policies required shall be issued by acceptable insurance companies, as

determined by the JPA, which satisfy the following minimum requirements:

(1) Each such policy shall be from a company or companies with a current

A.M. Best's rating of no less than A:VII and admitted to transact business of insurance in the State of

California, or otherwise allowed to place insurance through surplus line brokers under applicable

provisions of the California Insurance Code or any federal law.

i. Additional Insurance Provisions

(i) The foregoing requirements as to the types and limits of insurance coverage to

be maintained by Consultant, and any approval of said insurance by the JPA, is not intended to and shall

not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant

pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.

(ii) If at any time during the life of the Agreement, any policy of insurance required

under this Agreement does not comply with these specifications or is canceled and not replaced, JPA has

the right but not the duty to obtain the insurance it deems necessary and any premium paid by JPA will

be promptly reimbursed by Consultant or JPA will withhold amounts sufficient to pay premium from

Consultant payments. In the alternative, JPA may cancel this Agreement.

(iii) The JPA may require the Consultant to provide complete copies of all insurance

policies in effect for the duration of the Project.

(iv) Neither the JPA, its member agencies, Board, any member of the Board, directors,

officers, employees, agents, nor volunteers shall be personally responsible for any liability arising under

or by virtue of this Agreement.

j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or

subconsultants to commence work on any subcontract until they have provided evidence satisfactory to

the JPA that they have secured all insurance required under this Section. Policies of commercial general

liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the JPA

as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same

coverage. If requested by Consultant, JPA may approve different scopes or minimum limits of insurance

for particular subcontractors or subconsultants.





Page 8 of 16

60025.00208\32760059.2

12. Indemnification.

To the fullest extent permitted by law, Consultant shall defend (with counsel of JPA’s choosing),

indemnify and hold the JPA, its member agencies, officials, officers, employees, volunteers, and agents

free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss,

damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any

manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of

Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the

performance of the Consultant’s Services, the Project or this Agreement, including without limitation the

payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses.

Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by

Consultant, the JPA or its member agencies, officials, officers, employees, agents, or volunteers.

To the extent required by Civil Code section 2782.8, which is fully incorporated herein,

Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to,

or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise

be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of

Consultant’s performance of “design professional services” (as that term is defined under Civil Code

section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused

by the comparative active negligence or willful misconduct of the JPA, Consultant’s obligations shall be

reduced in proportion to the established comparative liability of the JPA and shall not exceed the

Consultant’s proportionate percentage of fault.

13. Interim Administrator.

As Interim Administrator of the JPA, the Interim Administrator may perform any or all acts

necessary or convenient to the performance of this Agreement on behalf of the JPA. The Parties

acknowledge and agree that the Interim Administrator is an agent of the JPA for all purposes under this

Agreement.

14. California Labor Code Requirements.

a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq.

and 1770 et seq., which require the payment of prevailing wage rates and the performance of other

requirements on certain “public works” and “maintenance” projects. If the services are being performed

as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws,

and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing

Wage Laws, if applicable. Consultant shall defend, indemnify and hold the JPA, its members, officials,

officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest

arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory

upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which

include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment

of contractors and subcontractors.





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60025.00208\32760059.2

b. If the services are being performed as part of an applicable “public works” or

“maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and

1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial

Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the

same of any subconsultants. This project may also be subject to compliance monitoring and enforcement

by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor

compliance requirements, including the submission of payroll records directly to the DIR.

15. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and

restrictions of state and federal law respecting the employment of undocumented aliens, including, but

not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time,

and shall require all subconsultants and sub-subconsultants to comply with the same.

[Delete the following provision and renumber all further provisions, if not applicable.]

16. JPA Material Requirements.

Consultant is hereby made aware of the JPA’s requirements regarding materials, as set forth in

[Insert the name of the document that contains the JPA’s standard material requirements], which are

deemed to be a part of this Agreement.

17. Laws, Venue, and Attorneys’ Fees

This Agreement shall be interpreted in accordance with the laws of the State of California. If any

action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state

or federal court situated in the County of San Diego, State of California.

18. Termination or Abandonment

a. JPA has the right to terminate or abandon any portion or all of the work under this

Agreement by giving ten (10) calendar days written notice to Consultant. In such event, JPA shall be

immediately given title and possession to all original field notes, drawings and specifications, written

reports and other documents produced or developed for that portion of the work completed and/or being

abandoned. JPA shall pay Consultant the reasonable value of services rendered for any portion of the

work completed prior to termination. If said termination occurs prior to completion of any task for the

Project for which a payment request has not been received, the charge for services performed during such

task shall be the reasonable value of such services, based on an amount mutually agreed to by JPA and

Consultant of the portion of such task completed but not paid prior to said termination. JPA shall not be

liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall

not be entitled to payment for unperformed services, and shall not be entitled to damages or

compensation for termination of work.





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60025.00208\32760059.2

b. Consultant may terminate its obligation to provide further services under this Agreement

upon thirty (30) calendar days’ written notice to JPA only in the event of substantial failure by JPA to

perform in accordance with the terms of this Agreement through no fault of Consultant.

19. Documents.

Except as otherwise provided in “Termination or Abandonment,” above, all original field notes,

written reports, Drawings and Specifications and other documents, produced or developed for the Project

shall, upon payment in full for the services described in this Agreement, be furnished to and become the

property of the JPA.

20. Organization

Consultant shall assign _________________________ as Project Manager. The Project Manager

shall not be removed from the Project or reassigned without the prior written consent of the JPA.

21. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above

and as determined at the time the schematic plans and site utilization plans are approved. Any

subsequent construction at the site of the Project, or at any other JPA site, will be covered by, and be the

subject of, a separate Agreement for between JPA and the Engineer chosen therefore by JPA.

22. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or

delivered by depositing the same in any United States Post Office, certified mail, return receipt requested,

postage prepaid, addressed to:

JPA: CONSULTANT:

East County AWP JPA

c/o Padre Dam Municipal Water District

Attn:

P.O. Box 719003

Santee, CA 92072-9003

and shall be effective upon receipt thereof.

23. Third Party Rights

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than

the JPA and the Consultant.





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60025.00208\32760059.2

24. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate

against any employee or applicant for employment because of race, religion, color, national origin,

ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-

discrimination shall include, but not be limited to, all activities related to initial employment, upgrading,

demotion, transfer, recruitment or recruitment advertising, layoff or termination.

25. Entire Agreement

This Agreement, with its exhibits, represents the entire understanding of JPA and Consultant as

to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or

written understanding, promises or representations with respect to those matters covered hereunder.

Each party acknowledges that no representations, inducements, promises or agreements have been made

by any person which are not incorporated herein, and that any other agreements shall be void. This

Agreement may not be modified or altered except in writing signed by both parties hereto. This is an

integrated Agreement.

26. Severability

The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render

the provisions unenforceable, invalid or illegal.

27. Successors and Assigns

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest,

executors, administrators and assigns of each party to this Agreement. However, Consultant shall not

assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations

without the prior written consent of JPA. Any attempted assignment without such consent shall be invalid

and void.

28. Non-Waiver

None of the provisions of this Agreement shall be considered waived by either party, unless such

waiver is specifically specified in writing.

29. Time of Essence

Time is of the essence for each and every provision of this Agreement.

30. JPA’s Right to Employ Other Consultants

JPA reserves right to employ other consultants, including engineers, in connection with this

Project or other projects.





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60025.00208\32760059.2

31. Prohibited Interests

Consultant maintains and warrants that it has not employed nor retained any company or person,

other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.

Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other

than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage

fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, JPA shall have the right to rescind this Agreement without liability.

For the term of this Agreement, no director, official, officer or employee of the JPA, during the term of his

or her service with JPA, shall have any direct interest in this Agreement, or obtain any present or

anticipated material benefit arising therefrom.





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60025.00208\32760059.2

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written

above.

EAST COUNTY ADVANCED WATER

PURIFICATION JOINT POWERS AUTHORITY

[INSERT CONSULTANT NAME]:

By: By:

Name: G. Allen Carlisle Name:

Title: CEO / General Manager of Padre Dam,

JPA Interim Administrator

Title

Approved as to Form:[Required only if contract is $50,000 or more AND/OR contract provisions vary.]

Nicholaus Norvell

Interim JPA Legal Counsel

East County Advanced Water Purification

Joint Powers Authority


Between the East County Advanced Water Purification Joint Powers Authority

and [INSERT CONSULTANT NAME]

A-1 60025.00208\32760059.2

EXHIBIT A

SCOPE OF SERVICES




B-1 60025.00208\32760059.2

EXHIBIT B

SCHEDULE OF CHARGES/PAYMENTS

Consultant will invoice Padre Dam Municipal Water District, as the Interim Administrator of the East

County Advanced Water Purification Joint Powers Authority (“Administrator”) on a monthly cycle.

Consultant will include with each invoice a detailed progress report that indicates the amount of budget

spent on each task. Consultant will inform Administrator regarding any out-of-scope work being

performed by Consultant. This is a time-and-materials contract.




C-1 60025.00208\32760059.2

EXHIBIT C

ACTIVITY SCHEDULE


ATTACHMENT B

ORGANIZATIONAL CHART OF OWNER’S ANTICIPATED ROLES ON PROJECT

(To be utilized by Proposer as the basis for developing and submitting an organizational chart identifying key program roles and functions, the associated

key team members, and reporting relationships)

P a d r e D a m S ta f fN e w O w n e r's A d v is o r C o n t r a c tS e p a r a t e P r o f e s s io n a l S v c s C o n t r a c tJ P A B o a rd /P a r t n e r A g e n c y S ta f f

E C A W P P ro jec t E x e c u t i o n O rg C h a rt0 5 / 0 1 / 2 0

J P A B o a r d

J P A A d m in is t r a t o rP a d r e D a m G M / A lle n C a r lis le

P a c k a g e s

P a c k a g e 1 L e a d e rS e v a l S e n

P a c k a g e 1 O p s R e pK y le S w a n s o n

P a c k a g e 2 L e a d e rL T E

P a c k a g e 2 O p s R e p

P a c k a g e 3 L e a d e rL T E

P a c k a g e 3 O p s R e p

E C A W P O p e r a t io n s D i r ec to rK y le S w a n s o n

D i r e c t o r o f F i n a n c eK a r e n J a s s o y

F in a n c ia l A d v is o rC le a n E n e r g y C a p ital

J P AT A C

J P AG e n e r a l C o u n s e l

C o m m u n ic a t io n s M a n a g e rM e lis s a M c C h e s n e y

P u b lic O u t r e a c h

E C A W P E n g in e e r in g M a n a g e rS e v a l S e n

O w n e r 's A d v is o r

D i r e c t o r o f E n g in e e r in g & P la n n in gM a r k N ie m ie c

P e r m i t t i n g C o n s u l t a n tT r u s s e l T e c h


ATTACHMENT C

JPA’S CONFLICT OF INTEREST POLICY

CHAPTER 2

ALTERNATIVE DELIVERY PROJECT

CONFLICT OF INTEREST POLICY

Section 1 - Purpose and General Guidelines

1.1 The purpose of this document is to clarify the East County Advanced Water Purification Joint

Powers Authority’s (“JPA”) position on potential conflicts of interest that may arise when

consultants or contractors (collectively, “Proposer”) perform work for the JPA relating to

potential alternative delivery projects. Using this Chapter the JPA will consider actual or

potential conflicts of interest when procuring and evaluating Proposers seeking to perform work

for the JPA involving alternative delivery projects.

1.2 Organizational conflicts of interest can occur when, because of existing or planned activities or

because of relationships with other entities, (i) a Proposer is unable or potentially unable to

render impartial assistance or advise the JPA; (ii) a Proposer’s objectivity in performing the

contract work is or might be otherwise impaired; (iii) a Proposer has an unfair competitive

advantage; (iv) the Proposer’s performance of services on behalf of the JPA does or may provide

an unfair competitive advantage to a third party; or (v) regardless of whether accurate, there is a

perception or appearance of impropriety or unfair competitive advantage benefiting the

Proposer or a third party as a result of the Proposer’s participation on the project.

1.3 The policies and guidelines concerning the organizational conflicts of interest described in this

Chapter will be specified or referenced in any Request for Qualifications (“RFQ”) or Request for

Proposal (“RFP”) (as applicable) documents as well as any contract for the engineering/design

services, inspection, or technical support in the administration of alternative delivery projects.

1.4 Determination on whether an actual, potential or perceived organizational conflict of interest

exists and resolution of conflict of interest issues are ultimately at the sole discretion of the JPA.

If the Proposer failed to disclose an actual, potential or perceived organizational conflict of

interest (each a “Conflict”), which it knew or should have known about, or if a Proposer provided

information in response to an inquiry from the JPA that is false or misleading, the JPA reserves

the right to take any or all of the following actions: (i) preclude and/or disqualify the Proposer

from participation in the planning, procurement, design, construction and/or development of

the project, including any competitive process associated therewith; (ii) require the Proposer to

implement measures to mitigate the Conflict; (iii) segregate or terminate Proposer, including any

Proposer with whom the Proposer is or had affiliated, from planning, procurement, design,

construction and/or development of the project; and (iv) amend the resulting contract(s) or

terminate the resulting contract(s) for material breach. If the Proposer is terminated, the JPA

shall have no obligations, responsibilities and liabilities to reimburse all or part of the costs

incurred or alleged to have been incurred by the Proposer. The remedies listed above are non-

exclusive and the JPA retains the right to pursue all remedies available in law or in equity.

1.5 After award, conflict of interest guidelines, this Chapter and requirements of applicable State

and federal conflict of interest laws and regulations shall continue to be monitored and enforced

(collectively “Laws”). Federal conflict of interest rules and regulations shall only apply where the

project receives federal funding. If any Conflict is discovered after award, the Proposer will 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 allowed by this

Chapter and the requirements of applicable Laws. The Proposer will disclose such Conflict with

supporting facts and information to the Administrator, as defined in Section 2.1 of this Chapter:

Padre Dam Municipal Water District

P.O. Box 719003

Santee, California 92072

ATTN: JPA Administrator

1.6 In this Chapter, Administrator means (a) the acting Administrator or interim Administrator of the

JPA as described in the agreement between Padre Dam Municipal Water District, San Diego

County Sanitation District, and City of El Cajon under which the JPA is established; or (b) such

other management level employee designated by the Administrator to perform the

Administrator’s functions under this Chapter.

Section 2 - Application and Approach

2.1 Application.

If the Administrator determines that the performance of services by a Proposer creates a Conflict, the

provisions in this Chapter and any decisions made by the Board related to such Conflict (including

prohibitions, measures in mitigation, etc.) shall continue and apply for the duration of the planning,

procurement, design, construction and development of the project, provided that the Administrator

may, on a case-by-case basis and in his or her sole discretion, modify the length of this time period in

writing if he/she determines that the modification is in the best interests of the JPA and the project.

If a Conflict applies to an individual, the Conflict and prohibition with respect to the individual will not

apply to the individual’s new place of employment, unless the new employer is affiliated with the

employee’s previous employer or unless measures in mitigation will not, in the Board’s sole discretion,

eliminate the conflict of interest issue. If the new employer is not an affiliate of the previous employer

and is otherwise eligible to perform services for the Board of Directors pursuant to this Chapter and

applicable law, the new employer will remain eligible despite the employment of the individual, but

measures in mitigation may be required of the new employer with respect to the employee.

2.2 Approach.

The following approach to Conflicts will apply to JPA procurements relating to alternative delivery

projects:

(A) A potential Proposer will not be allowed to participate as a Proposer entity or to join a

Proposer team if, without limitation, any of the following is true:

1) The Proposer is the JPA’s general engineering or design consultant on the project.

Subconsultants and subcontractors to the Proposer that have not performed work

on the contract to provide services for the project may participate as a Proposer

entity or join the Proposer team.

2) The Proposer has assisted the JPA in managing or is assisting in the management of

the project, including the preparation of the RFQ or RFP language or evaluation

criteria.

3) The Proposer has conducted preliminary design services for the project such as

facility layouts, treatment selection, process design selection, preliminary process

design, etc.

4) The Proposer performed design work related to the project for other project

stakeholders.

5) The Proposer has performed work on a previous contract that specifically excludes

them from participating as a Proposer entity or joining the Proposer team on the

project.

6) The Proposer is under contract with any other entity or stakeholder to perform

oversight on the project.

7) The Proposer has obtained any advice with respect to the project from, or discussed

any aspect relating to the project or procurement of the project with any person or

entity with a Conflict, including, but not limited to, the consultants and contractors

of any entity that has provided technical support on the project.

8) The Proposer was engaged to perform financial services with respect to the project

or has a financial interest in any of the foregoing entities with respect to the

project.

(B) Proposers who may have Conflicts in relation to the project and wish to participate as a

Proposer or join a Proposer team must:

1) Conform to applicable Laws including, without limitation, California Government

Code sections 1090 and 87100 et seq., the federal Copeland “Anti-Kickback” Act

and federal conflict of interest rules set forth in the federal funding agency’s

administrative grant and cooperative agreement regulations. Federal conflict of

interest rules and regulations shall only apply where the project receives federal

funding. Nothing in this Chapter is intended to limit, modify, supersede or

otherwise alter the effect of those laws and regulations, and the Board will apply

this Chapter consistent with those laws and regulations.

2) Disclose all relevant facts relating to past, present or planned interest(s) of the

Proposer’s team (including the Proposer, Proposer’s proposed consultants,

contractors, subconsultants and/or subcontractors and their respective chief

executives, directors and key personnel) which may result, or could be viewed as a

Conflict in connection with any procurement, including present or planned

contractual or employment relationships with any current employee or board

member of the JPA or JPA members agencies.

3) Disclose in the response documents to any RFQ and RFP, all of the work performed

in relation to the project being procured under the RFQ and RFP.

4) Provide all records of the work performed in relation to the project to the JPA so

that all information can be evaluated and made available to all potential Proposer

teams, if necessary.

5) Ensure that the Proposer’s contract with any entity to perform services related to

the project has expired or has been terminated.

Upon review of the information provided above, the Administrator will determine, in his or her sole

discretion, if the Proposer has a Conflict and what actions may be appropriate to avoid, neutralize, or

mitigate any Conflict. Decisions of the Administrator regarding Conflicts may be appealed to the Board

by submitting a written request to the Board Secretary within 10 days of the decision by the

Administrator. The written request shall state the grounds for the appeal and shall include any

documents or other evidence that the Proposer wishes the Board to consider. Upon receiving a timely

appeal, a hearing date for the Board will be established by the Board Secretary. A notice of the hearing

date shall be mailed to the Proposer at least 10 calendar days before the date established for the

hearing. If the Proposer is not able to appear at the appointed day and time of the Board meeting, the

Board will make a decision based on all available information, and no other hearing will be scheduled.

The decision of the Board shall be final and non-appealable. Notice of the determination by the Board

shall be mailed to the Proposer within 10 calendar days of such determination and shall indicate

whether the appeal has been denied or granted in whole or in part and set forth the terms and

conditions for the decision, if any.

(C) For other potential Conflicts not mentioned above (e.g. employee changing companies,

merger/acquisitions of firms, property ownership, business arrangements, financial

interest), Proposers shall disclose and address any Conflicts when participating as a

Proposer entity or joining a Proposer team. The JPA will then determine if a Conflict exists.

(D) The awarded Proposer or firms affiliated with the awarded Proposer are prohibitedfrom

competing on any agreement to provide construction inspection services for the project. An

affiliated firm is one, which is subject to the control of the same persons, through joint

ownership or otherwise. No subconsultants who provided design services in connection

with the project shall be eligible to compete for any agreement to provide construction

inspection services for the project.

Notes – The forgoing is provided by way of example, and shall not constitute a limitation on the

obligations of the Proposer in relation to organizational Conflicts. The provisions in this Chapter do not

address every situation that may arise in the context of the JPA’s planning, procurement, design,

construction or development of the Project nor require a particular decision or determination by the

Administrator when faced with facts similar to those described in this Chapter. In addition, additional

policies, procedures and limits related to Conflicts or similar issues may be imposed by the JPA Board at

any time with respect to the Project or any other JPA projects.


ATTACHMENT D

ANTICIPATED PROJECT SCHEDULE

ID Task Name Duration Start Finish

1 Package 1 1927 days Thu 11/7/19 Fri 3/26/27

2 Step 1: Request for Qualifications / Statement of Qualifications 67 days Thu 11/7/19 Fri 2/7/20

3 Initial Distribution of Request for Qualifications (RFQ) 0 days Thu 11/7/19 Thu 11/7/19

4 RFQ/SOQ Process 13.4 wks Thu 11/7/19 Fri 2/7/20

5 Announce Request for Proposals (RFP) Shortlist 0 days Fri 2/7/20 Fri 2/7/20

6 Step 2: Request for Proposal* 158 days Mon 2/24/20 Wed 9/30/20

7 Circulate Draft RFP and Draft DB Contract to Shortlisted Respondents 2 wks Mon 2/24/20 Fri 3/6/20

8 Issue RFP 0 days Fri 4/10/20 Fri 4/10/20

9 Deadline for First Round of Requests for Information (RFI) 2 wks Mon 4/13/20 Fri 4/24/20

10 Responses to First Round of RFIs and Addendum Issued 2.6 wks Mon 4/27/20 Wed 5/13/20

11 Deadline for Pre-Proposal Submittals 5.6 wks Mon 4/13/20 Wed 5/20/20

12 Responses to Pre-Proposal Submittals Issued 1 wk Thu 5/21/20 Wed 5/27/20

13 Deadline for Second Round of RFIs 2 wks Thu 5/14/20 Wed 5/27/20

14 Interactive Meetings 2 days Wed 6/3/20 Thu 6/4/20

15 Responses to Second Round of RFIs Issued 3.6 wks Thu 5/28/20 Mon 6/22/20

16 Proposals Due (Proposal Submittal Deadline) 12.2 wks Mon 4/13/20 Mon 7/6/20

17 Interviews (if needed, actual dates to be determined) 2 days Mon 8/3/20 Tue 8/4/20

18 Selection of Preferred Proposer 0 days Thu 8/6/20 Thu 8/6/20

19 Notice of Award and Signed Contract 22 days Tue 9/1/20 Wed 9/30/20

20 Phase 1: Design-Build Design and Pre-construction Services** 337 days Thu 10/1/20 Fri 1/14/22

21 30% Design and Cost Model Update 30.4 wks Thu 10/1/20 Fri 4/30/21

22 60% Design and Cost Model Update 26 wks Mon 5/3/21 Fri 10/29/21

23 Final GMP 11 wks Mon 11/1/21 Fri 1/14/22

24 Issue Notice to Proceed (NTP) for Phase 2 0 days Fri 1/14/22 Fri 1/14/22

25 Phase 2: Final Design and Construction Services** 835 days Mon 1/17/22 Fri 3/28/25

26 Final Design 24 wks Mon 1/17/22 Fri 7/1/22

27 Construction 131 wks Mon 2/28/22 Fri 8/30/24

28 Startup / Commissioning 30 wks Mon 9/2/24 Fri 3/28/25

29 Phase 3: Transitional O&M Services** 520 days Mon 3/31/25 Fri 3/26/27

30 Transitional O&M Services 104 wks Mon 3/31/25 Fri 3/26/27

31

32 Package 2** 1252 days Fri 1/24/20 Mon 11/11/24

33 RFQ/SOQ Process 12.6 wks Fri 1/24/20 Tue 4/21/20

34 RFP/Proposal Process 23.2 wks Wed 4/22/20 Wed 9/30/20

35 Design 91.4 wks Thu 10/1/20 Fri 7/1/22

36 Construction 112 wks Tue 6/14/22 Mon 8/5/24

37 Startup / Commissioning 14 wks Tue 8/6/24 Mon 11/11/24

38

39 Package 3** 1196 days Fri 4/3/20 Fri 11/1/24


41 RFP/Proposal Process 26.4 wks Wed 7/1/20 Thu 12/31/20

42 Design 69.2 wks Fri 1/1/21 Fri 4/29/22



45

46 * Dates for Step 2 will be changed only by written addenda as described in the Package 1 RFP.

47 ** Dates are subject to change at the sole discretion of the JPA.

11/7

2/7

4/10

8/6

1/14

Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr M2020 2021 2022 2023 2024

Task Milestone Summary Design-Builder Development Progress Task (Schedule Impact)

Attachment D East County Advanced Water Purification Project

Package 1 Project Schedule(Revised April 9, 2020)

Page 1

2020-04-09_Package 1 Schedule_RFP.mpp Thu 4/9/20

ID Task Name Duration Start Finish

1 Package 2 1246 days Fri 1/24/20 Fri 11/1/24

2 Step 1: Request for Qualifications / Statement of Qualifications 61 days Fri 1/24/20 Fri 4/17/20

3 Initial Distribution of Request for Qualifications (RFQ) 0 days Fri 1/24/20 Fri 1/24/20

4 RFQ/SOQ Process 12.2 wks Fri 1/24/20 Fri 4/17/20

5 Announce Request for Proposals (RFP) Shortlist 0 days Fri 4/17/20 Fri 4/17/20

6 Step 2: Request for Proposal* 109 days Thu 4/30/20 Wed 9/30/20

7 Issue RFP 0 days Thu 4/30/20 Thu 4/30/20

8 Deadline for First Round of Requests for Information (RFI) 2 wks Fri 5/1/20 Thu 5/14/20

9 Responses to First Round of RFIs and Addendum Issued 2.4 wks Fri 5/15/20 Mon 6/1/20

10 Deadline for Pre-Proposal Submittals 5.4 wks Fri 5/1/20 Mon 6/8/20

11 Responses to Pre-Proposal Submittals Issued 1 wk Tue 6/9/20 Mon 6/15/20

12 Deadline for Second Round of RFIs 2 wks Tue 6/2/20 Mon 6/15/20

13 Interactive Meeting (Technical Approach) 0 days Mon 6/22/20 Mon 6/22/20

14 Interactive Meeting (Commercial Issues) 0 days Tue 6/23/20 Tue 6/23/20

15 Responses to Second Round of RFIs and Addendum Issued 3.2 wks Tue 6/16/20 Tue 7/7/20

16 Proposals Due (Proposal Submittal Deadline) 11.8 wks Fri 5/1/20 Wed 7/22/20

17 Interviews (if needed, actual dates to be determined) 2 days Thu 8/13/20 Fri 8/14/20

18 Selection of Preferred Proposer 0 days Wed 8/19/20 Wed 8/19/20

19 Notice of Award and Signed Agreement 22 days Tue 9/1/20 Wed 9/30/20

20 Phase 1: Design-Build Design and Pre-construction Services** 337 days Thu 10/1/20 Fri 1/14/22

21 30% Design and Cost Model Update 30.4 wks Thu 10/1/20 Fri 4/30/21

22 60% Design and Cost Model Update 26 wks Mon 5/3/21 Fri 10/29/21

23 Final GMP 11 wks Mon 11/1/21 Fri 1/14/22

24 Issue Notice to Proceed (NTP) for Phase 2 0 days Fri 1/14/22 Fri 1/14/22


26 Final Design 24 wks Mon 1/17/22 Fri 7/1/22

27 Construction 112 wks Tue 6/14/22 Mon 8/5/24

28 Startup / Commissioning 12.8 wks Tue 8/6/24 Fri 11/1/24

29

30 Package 1** 1407 days Thu 11/7/19 Fri 3/28/25


32 RFP/Proposal Process 33.6 wks Mon 2/10/20 Wed 9/30/20

33 Design 91.4 wks Thu 10/1/20 Fri 7/1/22



36



39 RFP/Proposal Process 26.4 wks Wed 7/1/20 Thu 12/31/20

40 Design 69.2 wks Fri 1/1/21 Fri 4/29/22



43



1/24

4/17

4/30

6/22

6/23

8/19

1/14

Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May J2020 2021 2022 2023 2024



Package 2 Project Schedule(Revised April 30, 2020)

Page 1

2020-04-30_Package 2 Schedule_RFP.mpp Thu 4/30/20

ID Task Name Duration Start Finish Predecessors

1 Package 3 1196 days Fri 4/3/20 Fri 11/1/24

2 Step 1: Request for Qualifications / Statement of Qualifications 63 days Fri 4/3/20 Tue 6/30/20

3 Initial Distribution of Request for Qualifications (RFQ) 0 days Fri 4/3/20 Fri 4/3/20

4 RFQ/SOQ Process 12.6 wks Fri 4/3/20 Tue 6/30/20 3

5 Announce Request for Proposals (RFP) Shortlist 0 days Tue 6/30/20 Tue 6/30/20 4

6 Step 2: Request for Proposal* 115 days Thu 7/23/20 Thu 12/31/20

7 Issue RFP 0 days Thu 7/23/20 Thu 7/23/20 4FS+3.4 wks

8 Deadline for First Round of Requests for Information (RFI) 2 wks Fri 7/24/20 Thu 8/6/20 7

9 Responses to First Round of RFIs and Addendum Issued 2.4 wks Fri 8/7/20 Mon 8/24/20 8

10 Deadline for Pre-Proposal Submittals 5.2 wks Fri 7/24/20 Fri 8/28/20 7

11 Responses to Pre-Proposal Submittals Issued 1 wk Mon 8/31/20 Fri 9/4/20 10

12 Deadline for Second Round of RFIs 1.8 wks Tue 8/25/20 Fri 9/4/20 9

13 Interactive Meeting (Technical Approach) 0 days Mon 9/14/20 Mon 9/14/20 7FS+7.4 wks

14 Interactive Meeting (Commercial Issues) 0 days Tue 9/15/20 Tue 9/15/20 13FS+1 day

15 Responses to Second Round of RFIs and Addendum Issued 3.2 wks Mon 9/7/20 Mon 9/28/20 12

16 Proposals Due (Proposal Submittal Deadline) 11.8 wks Fri 7/24/20 Wed 10/14/20 7

17 Interviews (if needed, actual dates to be determined) 2 days Thu 11/5/20 Fri 11/6/20 18FF-4 days

18 Selection of Preferred Proposer 0 days Thu 11/12/20 Thu 11/12/20 16FS+4.2 wks

19 Notice of Award and Signed Agreement 23 days Tue 12/1/20 Thu 12/31/20 18FS+2.4 wks

20 Phase 1: Design-Build Design and Pre-construction Services** 271 days Fri 1/1/21 Fri 1/14/22

21 30% Design and Cost Model Update 21.4 wks Fri 1/1/21 Mon 5/31/21 19

22 60% Design and Cost Model Update 21.8 wks Tue 6/1/21 Fri 10/29/21 21

23 Final GMP 11 wks Mon 11/1/21 Fri 1/14/22 22

24 Issue Notice to Proceed (NTP) for Phase 2 0 days Fri 1/14/22 Fri 1/14/22 23


26 Final Design 15 wks Mon 1/17/22 Fri 4/29/22 24

27 Construction 95 wks Mon 4/4/22 Fri 1/26/24 24FS+11 wks

28 Startup / Commissioning 14 wks Mon 7/29/24 Fri 11/1/24 27FS+26 wks

29

30 Package 1** 1407 days Thu 11/7/19 Fri 3/28/25


32 RFP/Proposal Process 33.6 wks Mon 2/10/20 Wed 9/30/20 31

33 Design 91.4 wks Thu 10/1/20 Fri 7/1/22 32

34 Construction 131 wks Mon 2/28/22 Fri 8/30/24 33FS-18 wks

35 Startup / Commissioning 30 wks Mon 9/2/24 Fri 3/28/25 34

36


38 RFQ/SOQ Process 12.2 wks Fri 1/24/20 Fri 4/17/20

39 RFP/Proposal Process 23.6 wks Mon 4/20/20 Wed 9/30/20 38

40 Design 91.4 wks Thu 10/1/20 Fri 7/1/22 39

41 Construction 112 wks Tue 6/14/22 Mon 8/5/24 40FS-2.8 wks

42 Startup / Commissioning 12.8 wks Tue 8/6/24 Fri 11/1/24 41

43



4/3

6/30

7/23

9/14

9/15

11/12

1/14

Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May J2020 2021 2022 2023 2024



Package 3 Project Schedule(Revised May 15, 2020)

Page 1

2020-05-15_Package 3 Schedule_RFP.mpp Fri 5/15/20


ATTACHMENT E

REQUIRED FORMS

• Proposer Information (Attachment E-1)

• Proposer Certification (Attachment E-2)

• Disclosure of Contributions (Attachment E-3)

• Conflict of Interest Disclosure Statement (Attachment E-4)

• Key Personnel (Attachment E-5)

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ATTACHMENT E-1

PROPOSER INFORMATION

Name of Firm:

Year Established:

Individual Contact:

Individual’s Title:

Federal Tax ID No.: Telephone No.:

Standard Industry Classification Code: Fax No.:

Name of Official Representative: Email:

Business Organization (check one):

Corporation (If yes, then indicate the State and Year of Incorporation): ________________

Partnership (If yes, complete Sections A-E and the Contractor’s Certification form for each member)

Other (describe)

A. Business Name:

B. Business Address:

Headquarters: (Street Address) (Suite)

(City) (State) (Country) (Zip)

Office Performing Work: (Street Address) (Suite)

(City) (State) (Country) (Zip)

(Contact Telephone No.)

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C. Services to be performed (Check applicable boxes):

Solely by Proposing Firm

Joint Venture/Member Firm

Subcontractor

Other (describe below)

D. If the entity is a Partnership, indicate the name and role of each member firm in the space below. Complete a separate Contractor Information form for each member and attach it to the SOQ. Also indicate the name and role of each other financially liable party and attach a separate form.

Name of Member Role Financial Liability

E. Is the firm under investigation by any agency of the federal government (e.g. the Justice Department, SEC, Department of Defense, Federal Trade Commission) or by any agency of a state or foreign government? If yes, please explain.

F. Have any banks refused to lend to the firm in the last two years? If yes, please explain.

G. Firms must disclose in the space below and immediately throughout the course of the evaluation process if they have hired or retained an advocate to lobby the JPA administrator (Padre Dam) staff or the JPA’s Boards of Directors on their behalf.

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ATTACHMENT E-2

PROPOSER CERTIFICATION

1. Has the firm or any affiliate* ever failed to provide any services for which it was contracted to provide, or had a contract terminated because it was in default?

Yes ☐ No ☐

If yes, please describe:

2. Has the firm or any affiliate, or any officer of the firm or any affiliate, been indicted or convicted of bid or other contract related crimes or violations or any other felony or serious misdemeanor within the past five years?

Yes ☐ No ☐


3. Has the firm or any affiliate ever sought protection under any provision of any bankruptcy act?

Yes ☐ No ☐


4. Has the firm or any affiliate ever been debarred or suspended from performing work for the federal government, any state or local government, or any foreign governmental entity?

Yes ☐ No ☐


5. Has the firm or any affiliate ever been assessed liquidated damages or stipulated damages?

Yes ☐ No ☐


The undersigned certifies that the foregoing is true, correct and complete.

(Must be signed by the Firm’s Official Representative)

Name of Firm: ______________________________

By: ______________________________

Printed Name: ______________________________

Title: ______________________________

*For purposes of this form, the term “affiliate” means any parent company, subsidiary companies, joint venture members and partners, other financially liable parties, and any subcontractors providing 50% or more of the services.

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ATTACHMENT E-3

DISCLOSURE OF CONTRIBUTIONS

INFORMATION SHEET

EAST COUNTY ADVANCED WATER PURIFICATION (ECAWP) JOINT POWERS AUTHORITY (JPA)

The attached Party Disclosure Form must be completed by applicants for, or persons who are the subject of, any proceeding involving a license, permit, or other entitlement for use pending before the Board of Directors of the JPA or any of its affiliated agencies. (Please see next page for definitions of these terms.) If no disclosure is required, please insert “None” in the appropriate places.

IMPORTANT NOTICE

Basic Provisions of Government Code Section 84308

A. If you are an applicant for, or the subject of, any proceeding involving a license, permit, or other entitlement for use, you are prohibited from making a campaign contribution of more than $250 to any board member or his or her alternate. This prohibition begins on the date your application is filed or the proceeding is otherwise initiated, and the prohibition ends three months after a final decision is rendered by the JPA Board of Directors. In addition, no board member or alternate may solicit or accept a campaign contribution of more than $250 from you during this period.

B. These prohibitions also apply to your agents, and, if you are a closely held corporation, to your majority shareholder as well. These prohibitions also apply to your subcontractor(s), and if you are a partnership, to each of your partner(s) in this proceeding. Also included are parent companies and subsidiary companies directed and controlled by you, and political action committees directed and controlled by you.

C. You must file the attached disclosure form and disclose whether you or your agent(s) have in the aggregate contributed more than $250 to any board member or his or her alternate during the 12-month period preceding the filing of the application or the initiation of the proceeding.

D. If you or your agent have in the aggregate contributed more than $250 to any individual board member or his/or her alternate during the 12 months preceding the decision on the application or proceeding, that board member or alternate must disqualify himself or herself from the decision. However, disqualification is not required if the board member or alternate returns the campaign contribution within 30 days from the time the director knows, or should have known, about both the contribution and the fact that you are a party in the proceeding. The Party Disclosure Form should be completed and filed with your proposal, or with the first written document you file or submit after the proceeding commences.

1. A proceeding involving "a license, permit, or other entitlement for use" includes all business, professional, trade and land use licenses and permits, and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor or personal employment contracts), and all franchises.

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2. Your "agent" is someone who represents you in connection with a proceeding involving a license, permit or other entitlement for use. If an individual acting as an agent is also acting in his or her capacity as an employee or member of a law, architectural, engineering, consulting firm, or similar business entity, both the business entity and the individual are “agents.”

3. To determine whether a campaign contribution of more than $250 has been made by you, campaign contributions made by you within the preceding 12 months must be aggregated with those made by your agent within the preceding 12 months or the period of the agency, whichever is shorter. Contributions made by your majority shareholder (if a closely held corporation), your subcontractor(s), your joint venture participant(s), and your partner(s) in this proceeding must also be included as part of the aggregation. Campaign contributions made to different directors or their alternates are not aggregated.

4. A list of the members and alternates of the Board of Directors is attached.

This notice summarizes the major requirements of Government Code Section 84308 of the Political Reform Act and 2 Cal. Adm. Code Sections 18438-18438.8.

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PARTY DISCLOSURE FORM

ECAWP JPA

To be completed only if campaign contributions have been made in the preceding 12 months.

Prime Firm’s Name:

Party’s Name:

Party’s Address:

Street:

City, State Phone Number

__________________ (_____)_________________

Request for Proposals for Owner’s Advisor Services for the East County Advance Water Purification Project

Board Member(s) or Alternate(s) to whom you and/or your agent made campaign contributions and dates of contribution(s) in the 12 months preceding May 27, 2020:

Name of Member: _____________________________________________________________

Name of Contributor (if other than Party): ___________________________________________

Date(s): _______________________________________________________________________

Amounts(s): ___________________________________________________________________

Name of Member: _____________________________________________________________

Name of Contributor (if other than Party): ___________________________________________

Date(s): _______________________________________________________________________

Amounts(s): ___________________________________________________________________

A current list of the Board of Directors and alternates of the ECAWP JPA is attached as Attachment A.

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________________________________ Date

________________________________ Name of Party

________________________________ Signature of Party and/or Agent

If no contributions are noted above, I hereby certify that no contributions have been made by the Party identified above to any of ECAWP JPA’s Boards of Directors or their Alternates.

________________________________ Date

________________________________ Name of Party

________________________________ Signature of Party and/or Agent

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ATTACHMENT A

ECAWP JPA BOARD OF DIRECTORS AND ALTERNATES

Member

August Caires, Padre Dam Municipal Water District

James Peasley, Alternate

Supervisor Dianne Jacob, County of San Diego

Brian Albright, Alternate

Gary Kendrick, City of El Cajon

Steve Goble, Alternate

Joel Scalzitti, Helix Water District Ex-Officio Member

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ATTACHMENT E-4

CONFLICT OF INTEREST DISCLOSURE STATEMENT

East County Advanced Water Purification Project –

Owner’s Advisor Request for Proposals

[TO BE COMPLETED BY PROPOSER ON ITS BEHALF AND ON BEHALF OF ALL ENTITIES ON THE PROPOSER TEAM]

CONFLICT OF INTEREST DISCLOSURE STATEMENT

Proposer’s attention is directed to 23 CFR Part 636, Subpart A and in particular to Subsection 636.116 regarding organizational conflicts of interest. Section 636.103 defines “organizational conflict of interest” as follows:

Organizational conflict of interest means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the owner, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

Proposers are advised that in accordance with Section 1.H of the Request for Proposals, certain firms will not be allowed to participate on any Proposer’s team.

Disclosure Pursuant to Section 636.116(2)(v)

In the space provided below, and on supplemental sheets as necessary, identify all relevant facts relating to past, present, or planned interest(s) of the Proposer’s team (including the Proposer, Equity Members, the Major Subcontractors, proposed consultants and proposed subcontractors, and their respective chief executives, directors, and key project personnel) which may result, or could be viewed as, an organizational conflict of interest in connection with this RFP. If no disclosure is necessary, indicate “None”.

By way of example only, and in no way limiting the Proposer’s disclosure obligations, Proposer should disclose (a) any current contractual relationships with JPA, (b) any past, present, or planned contractual or employment relationships with any JPA member, officer, or employee; and (c) any other circumstances that might be considered to create a financial interest in the contract by any JPA member, officer, or employee if Proposer is awarded the contract. Proposer should also disclose matters such as ownership of 10% or more of the stock of, or having directors in common with, any of the RFP preparers, including those entities described in Section 1.H of the Request for Proposals. Proposer should also disclose contractual relationships with an RFP preparer in the nature of a joint venture, as well as relationships wherein the RFP preparer is a contractor or consultant (or subcontractor or subconsultant) to Proposer or a member of Proposer’s team.

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Explanation

In the space provided below, and on supplemental sheets as necessary, identify steps that have been or will be taken to avoid, neutralize, or mitigate any organizational conflicts of interest described herein.

Certification

The undersigned hereby certifies that, to the best of his or her knowledge and belief, no interest exists that is required to be disclosed in this Conflict of Interest Disclosure Statement, other than as disclosed above.

Proposer’s Name:

Signature:

Title:

Name:

Company Name:

Dated as of: _________________, 2020

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ATTACHMENT E-5

KEY PROJECT PERSONNEL

[List to be completed by Proposer]

REQUEST FOR PROPOSALS FOR OWNER'S ADVISOR SERVICES …€¦ · provide the services required. The...

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