NOTICE INVITING BIDS FOR NORTH TORRANCE …ntwfp.torranceprojects.city/Shared Documents/Volume...

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NOTICE INVITING BIDS

FOR NORTH TORRANCE WELLFIELD PROJECT

FOR:

PUBLICS WORKS DEPARTMENT CITY OF TORRANCE

20500 MADRONA AVENUE TORRANCE, CA 90503

REQUEST FOR PROPOSALS

Volume I – Proposal Requirements and Overview

May 2017

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TABLE OF CONTENTS – VOLUME I

Page

1 INTRODUCTION .....................................................................................................................1 1.1 General ...............................................................................................................................1 1.2 Definitions..........................................................................................................................2 1.3 Project Background ............................................................................................................2 1.4 Summary of Scope of Services ..........................................................................................4 1.5 Objectives of the Procurement ...........................................................................................7 1.6 Accuracy of RFP and Related Documents.........................................................................8 1.7 Personal Investigation ........................................................................................................8 1.8 City’s Designated Agent and Project Advisors .................................................................9 1.9 Organization of this RFP .................................................................................................10

2 GENERAL INFORMATION ..................................................................................................11 2.1 General Overview ............................................................................................................11 2.2 Site Related Information ..................................................................................................11 2.3 Project Description...........................................................................................................11 2.4 Facility Performance Requirements .................................................................................12 2.5 Regulatory Requirements.................................................................................................13 2.6 Facility Layout and Aesthetic Concept ............................................................................13 2.7 Facility Ownership, Financing and Security ....................................................................13

2.7.1 Security for Performance ...........................................................................................13 2.7.2 Pricing Structure Overview........................................................................................14

2.7.2.1 Fixed Two Step Sealed Bid Procurement Process Price ....................................14 2.7.3 Design and Construction of the Facility ....................................................................14 2.7.4 Prevailing Wage .........................................................................................................14 2.7.5 Scheduled Construction Date .....................................................................................14 2.7.6 Scheduled Acceptance Date .......................................................................................14

2.8 Governmental Approvals .................................................................................................15 2.8.1 Permitting ...................................................................................................................15 2.8.2 NPDES, WDRs and Other Permits ............................................................................16 2.8.3 Contact with Regulatory Agencies ............................................................................16

2.9 Geotechnical Investigations .............................................................................................16 2.10 Development Period.........................................................................................................16 2.11 Affirmative Action ...........................................................................................................17 2.12 Administration .................................................................................................................17

3 PROCUREMENT PROCESS .................................................................................................19 3.1 Procurement Process ........................................................................................................19 3.2 Schedule ...........................................................................................................................19 3.3 Reservation of Rights .......................................................................................................20 3.4 Expense of Proposal Preparation .....................................................................................21 3.5 Reference Documents ......................................................................................................21

TABLE OF CONTENTS (continued)

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3.6 Information Requests and Questions Concerning this RFP .............................................21 3.7 No Contact with City Officials or Employees .................................................................23 3.8 Addenda or Amendments to this RFP .............................................................................23 3.9 Site Access and Investigation ..........................................................................................23 3.10 Inspection of Proposals ....................................................................................................23 3.11 No City Liability ..............................................................................................................24 3.12 City Responsibility to Maintain Confidentiality ..............................................................24 3.13 Modification of Proposals ................................................................................................24 3.14 Prior Information .............................................................................................................25 3.15 Oral Presentations ............................................................................................................25 3.16 Termination of Negotiations ............................................................................................25 3.17 Withdrawal From Procurement Process ..........................................................................25

4 PROPOSAL EVALUATION ..................................................................................................26 4.1 Selection Criteria .............................................................................................................26 4.2 Evaluation Criteria ...........................................................................................................26

4.2.1 Technical Approach Criteria ......................................................................................26 4.2.1.1 General ...............................................................................................................27 4.2.1.2 Non-Process Design ...........................................................................................27 4.2.1.3 Architecture and Aesthetics ...............................................................................27 4.2.1.4 Construction .......................................................................................................27 4.2.1.5 Preliminary Procurement Process Quality Management Plan ...........................27 4.2.1.6 Compliance with the Project Schedule Requirements .......................................28 4.2.1.7 Project Management ..........................................................................................28 4.2.1.8 Approach to Obtaining Governmental Approvals .............................................28 4.2.1.9 Proposer Partnership Environment ....................................................................28

4.2.2 Business Proposal Criteria .........................................................................................29

5 PROPOSAL REQUIREMENTS .............................................................................................30 5.1 General Format and Organization ....................................................................................30

5.1.1 Organization and Content of Proposal .......................................................................30 5.1.2 Form of Proposal........................................................................................................34 5.1.3 Proposal Transmittal Letter and Signature Requirements .........................................35

5.2 Proposal Volume I: Executive Summary ........................................................................36 5.3 Proposal Volume III-A: Technical Approach Proposal ..................................................36

5.3.1 Project Approach .......................................................................................................37 5.3.1.1 Project Proposer Philosophy and Approach ......................................................38 5.3.1.2 Labor and Subcontractor Management ..............................................................38 5.3.1.3 Allocation of Construction Work.......................................................................38

5.3.2 Development Period Plan ..........................................................................................38 5.3.3 Procurement Process Schedule ..................................................................................38 5.3.4 Procurement Process Plan ..........................................................................................39

5.3.4.1 Civil/Site Work ..................................................................................................39 5.3.4.2 Well Construction ..............................................................................................39 5.3.4.3 Building Services ...............................................................................................40


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5.3.4.4 Power Supply .....................................................................................................41 5.3.4.5 Electrical Equipment ..........................................................................................41 5.3.4.6 Instrumentation and Controls .............................................................................41 5.3.4.7 Auxiliary Facilities.............................................................................................42 5.3.4.8 Buildings ............................................................................................................42 5.3.4.9 Reliability and Redundancy ...............................................................................42 5.3.4.10 Site Master Planning ..........................................................................................42 5.3.4.11 Architecture and Aesthetics ...............................................................................42

5.3.5 Construction Safety ....................................................................................................43 5.3.6 Chemicals and Materials Management ......................................................................43 5.3.7 Start-up and Operational Test Plan ............................................................................43 5.3.8 Quality Management Plan..........................................................................................44

5.4 Proposal Volume III-B: Drawings and Diagrams and Specifications .............................44 5.4.1 General .......................................................................................................................44 5.4.2 Civil / Structural .........................................................................................................45 5.4.3 Architectural ..............................................................................................................46 5.4.4 Mechanical/Process....................................................................................................46 5.4.5 Process Control and Instrumentation .........................................................................46 5.4.6 Electrical ....................................................................................................................46 5.4.7 Additional Equipment Information ............................................................................47

5.5 Proposal Volume IV: Business Proposal ........................................................................47 5.5.1 Financial Information.................................................................................................47 5.5.2 Business and Contractual Terms ................................................................................48 5.5.3 Additional Contract Security Requirements ..............................................................48

5.5.3.1 Performance and Payment Bonds ......................................................................48 5.6 Proposal Volume V: Price Proposal and Proposal Security ............................................49

5.6.1 Price Proposal Forms .................................................................................................49 All Price Proposal Forms shall be completed and a copy included in Volume V, Price Proposal. Proposers shall submit Price Proposal forms for the Base Proposal as well as any Alternate Proposals, as applicable. ..............................................49 5.6.1.1 Fixed Two Step Sealed Bid Procurement Process Price ....................................49 5.6.1.2 Facility Procurement Process Schedule of Values .............................................49

5.6.2 Proposal Security .......................................................................................................50 5.7 Submission Requirements ................................................................................................50

5.7.1 Proposal Deadline and Submittal Format ..................................................................50 5.7.2 Proposal Submittal .....................................................................................................51 5.7.3 Completeness .............................................................................................................51

6 Proposal Forms ........................................................................................................................52 6.1 Introduction ......................................................................................................................52

6.1.1 Instructions for Completing the Proposal Forms .......................................................52 6.2 Business Proposal Forms .................................................................................................53

6.2.1 Proposal Transmittal Letter........................................................................................53 6.2.2 Certificate of Authorization .......................................................................................53 6.2.3 Form of Proposal Bond ..............................................................................................54


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6.2.4 Surety Letter of Intent – Construction Performance Bond ........................................54 6.2.5 Participating Firms and Participating Firms Background Information ......................54 6.2.6 Certificate of Non-Collusion......................................................................................54 6.2.7 Disclaimer Statement .................................................................................................54 6.2.8 Scheduled Construction and Acceptance Dates .........................................................54 6.2.9 List of Subcontractors and Off-Job Fabricators .........................................................55 6.2.10 Terms of the Service Contract ...................................................................................55

6.3 Price Proposal Forms .......................................................................................................55 6.3.1 Fixed Procurement Process Price and Schedule .......................................................55 6.3.2 Facility Procurement Process Schedule of Values .....................................................55

RFP VOLUME I – May 2017

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LIST OF PROPOSAL FORMS Form Description

Business Proposal Forms

BPF-1 Proposal Transmittal Letter BPF-2 Certificate of Authorization BPF-3 Form of Proposal Bond BPF-4 Surety Letter of Intent - Construction Performance Bond BPF-5 Participating Firms BPF-6 Certificate of Non-Collusion BPF-7 Disclaimer Statement BPF-8 Scheduled Construction and Acceptance Dates BPF-9 List of Subcontractors and Off-Job Fabricators BPF-10 Acceptance of the Terms of the Contract

Price Proposal Forms (To be provided upon request)

Price Proposal Form P-1 Fixed Two Step Sealed Bid Procurement Price Price Proposal Form P-2 Schedule of Values Price Proposal Form P-3 Milestone Schedule

LIST OF VOLUME I SCHEDULES Schedule Description

A. Defined Terms


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VOLUME II – DRAFT SERVICE CONTRACT (Provided by City of Torrance) VOLUME III-A – CONTRACT APPENDICES Introduction

Appendix “A” – Section A-1: Design Requirements (to be supplemented with design information provided by Selected Proposer)

Section A-2: Conceptual Design Level Drawings (to be replaced or supplemented with plans submitted by Selected Proposer)

Section A-3 Environmental Mitigation Measures

Section A-4: Agency Coordination and Permitting Appendix “B” – Required Insurance Appendix “C” – Project Specifications for:

• Section C-1 – Design • Section C-2 – Construction • Section C-3 – Testing

Appendix “D” – Governmental Approvals and Responsibility Matrix Appendix “E” Quality Management Plan [draft to be provided with proposal and finalized

based on final technical proposals] Appendix “F” Start-up and Operational Testing Plan [draft to be provided with proposal and

finalized based on final technical proposals] Appendix “G” Milestone Schedule [draft to be provided with proposal and finalized based

on final proposals] Appendix “H” Subcontractors [draft to be provided with proposal and finalized based on

final business proposals] Appendix “I” Safety Plan [draft to be provided with proposal and finalized based on final

technical proposals] Appendix “J” SCADA Pre-Negotiated Scope and Fee Appendix “K” Minimum Required Technical Specifications


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VOLUME III-B – REFERENCE DOCUMENTS Appendix 1 – SCE Application Electrical Service Requirements Appendix 2– City of Torrance North Torrance Well Field Project C.I.P. I-108, NIB B2017-

40 Preliminary Design Report

Appendix 3 – Corrosion Control Study Report Appendix 4 – Torrance Municipal Code Sections 22.3.20 – 22.2.24 Appendix 5 – Record of Utilities, Second Notice, Pothole Data Appendix 6 – Project Site Survey by Bush & Associates Inc. Appendix 7 – Legal Description, by Floyd Huber Appendix 8 – Easements TUSD Access Agreement TUSD Utility Easement SCE Right-of-Way Lease Appendix 9 – Geotechnical Study Report (Converse Consultants) Appendix 10 – CEQA Documents Mitigated Negative Declaration Air Quality Study Noise and Vibration Study Mitigated Monitoring Plan (MMP) Tank Failure Inundation Study Report Statement of No Historical Significance Appendix 11 – Not Used Appendix 12 – Preliminary Calculations Appendix 13 – Sample Specifications Appendix 14 – State and Federal Grant Agreements Notice to Proceed for Grant Agreement No. R16AP00141


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1 INTRODUCTION

1.1 General

This document is the Request for Proposal (“RFP”) portion of the Notice Inviting Bids for the City of Torrance, California (the “City”) North Torrance Well Field Project (NTWFP) Two Step Sealed Bid Procurement Process Project (“Project”). It is being issued to the respondents that were short-listed (“Proposers” or “Teams”) based on the outcome of an evaluation of Statements of Qualifications (“SOQs”), submitted in response to a Request for Qualifications (“RFQ”) issued by the City.

If one or more firms that are short-listed drop out of the procurements process, the City reserves

the right to add additional qualified firm(s) to the short-list from those who submitted SOQs

based on the ranking developed by the Selection Committee.

Firms should be aware that, while SOQs may have been ranked for the purpose of short-listing,

any such ranking will not carry forward to the review of proposals. However, the City does

expect to reconsider qualifications when evaluating proposals, in accordance with the criteria

shown in Section 5.1.

This RFP is being conducted in accordance with the provisions of Sections 22.3.20 through 22.3.24 of the Torrance Municipal Code found in Appendix 4 of Volume III-B. This procurement process is the next step that follows the issuance of the RFQ, the receipt of SOQs, and the selection of the Proposers.

This RFP invites Proposers to submit responses to this RFP (“Proposals”) to the City describing in detail the technical, business and financial aspects of the plan by which each proposes to meet the requirements of the Project. Accordingly, teams are requested to provide certain information supplementing the qualifications information provided in their SOQs (see Sections 4.1 and 5.3 of this RFP). The Selection Committee will determine which technical offers are found acceptable and those companies will be requested to submit sealed price bids

Through this RFP, the City is hereby soliciting competitive, sealed Proposals from Proposers to: design and build the project described and summarized herein. By utilizing a two step sealed bid procurement process project delivery approach, the City expects to secure substantial benefits for its customers. These expected benefits include timely, efficient and cost-effective scheduling, balanced risk allocation, competitive design selection, clear assignment of performance responsibilities to a single contracting entity, cost savings, and predictability. Other expected


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benefits include the full integration of key design, construction, operations and quality assurance personnel in all aspects of the Project development.

The procurement process, Proposal selection, contract negotiations and award will be conducted by the City in accordance with the requirements of Torrance Municipal Code Sections 22.3.20-22.2.24 and all other Applicable Law found in Appendix 4 of Volume III-B. Proposers should carefully review this document, which constitutes the formal RFP for the Project sought by the City, to ensure a clear understanding of the City’s needs, objectives, and scope of services requested herein.

1.2 Definitions

For the purposes of this RFP, a list of defined terms has been developed. Unless otherwise specified in the RFP, all capitalized terms used in this RFP refer to the words and phrases listed in Schedule A to this Volume I (Defined Terms). Capitalized terms used herein but not defined in Schedule A, shall have the meaning set forth in the Draft Service Contract included in Volume II.

The term “Proposer”, as used in this RFP, refers to the principal business entity sponsoring the submittal of a Proposal in response to this RFP. The term “Proposal”, as used in this RFP, means a document submitted for evaluation in response to this RFP. The term “Company” refers to the entity executing the Service Contract with the City to provide the Contract Services, whether such entity is the Proposer or another entity used or created by the Proposer to provide such services.

The term “Participating Firms”, as used in this RFP, refers to, as applicable, 1) the Proposer; 2) the new entity, if any, to be formed for the sole purpose of executing and performing the work; 3) the firm that will design the Facility; 4) the firm that will construct the Facility; and 5) any other significant participant in the transaction.

1.3 Project Background

The City of Torrance (City)’s annual adjudicated groundwater right is 5,640 acre-feet per year (af/yr) from the West Coast Groundwater Basin. The City’s groundwater rights are administered by the Torrance Municipal Water Department (TMW). The TMW had been exercising only a fraction of the City’s annual adjudicated water right until recently with the construction of a replacement well (Well No. 9) for TMW’s only operating well (Well No. 6). This new well allows the TMW to pump approximately 4,350 af/yr (77% of its adjudicated right) from the West Coast Groundwater Basin. The TMW is implementing the North Torrance Well Field Project


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(NTWFP) project to expand its pumping and treatment capacity to obtain the City’s full groundwater allotment and provide sufficient reserve capacity to enable additional groundwater extractions during a drought or emergency.

Historic water demand over the past 11 years is summarized in Table 1.1.

Table 1.1 – Historic Water Demand (af/yr)

Calendar Year

Well

Imported

Desalter

Recycled

Total

Groundwater Percent

2000 1,969 21,013 0 7,030 30,012 6.6

2001 1,793 20,953 0 6,558 29,304 6.1

2002 1,832 22,817 245 7,212 32,106 5.7

2003 611 21,655 1,709 7,328 31,303 2.0

2004 1,674 20,517 2,446 6,385 31,022 5.4

2005 1,118 20,046 2,082 6,766 30,012 3.7

2006 0 21,338 1,779 6,156 29,763 0

2007 884 21,100 2,005 5,774 29,763 3.0

2008 1,487 19,306 1,271 6,180 28,244 5.3

2009 674 19,352 646 5,599 26,271 2.6

2010 1,106 16,471 1,182 6,173 24932 4.4

2011 1,982 16,719 1,469 5,587 25,757 7.7

2012 2,269 16,499 1,435 6,634 26,837 8.5

2013 2,356 16,592 1,567 6,702 27,217 8.7

2014 2,154 16,794 1,142 6,533 26,623 8.1

2015 1,705 14,148 1,096 3,671 20,620 8.3


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During this time, well supply has declined by 44 percent.

The Goldsworthy Desalter is a Southern California Water Replenishment District (WRD) project that treats brackish seawater by reverse osmosis (RO) to produce potable water for use by TMW and has a design capacity of 3,000 af/yr. The desalter has provisions to double the capacity in the future; there is no schedule for the capacity increase.

Well No. 9 was completed in 2011 in McMaster Park. Production tests were performed to determine the well yields and water quality. This location was selected because of good water quality. Well No. 6 production decreased to 674 af/yr in 2009. Well No. 6 and its treatment facility are over 40 years old and have reached the end of its service life.

This document presents the design basis for the following as part of the NTWFP:

• Wells

• Well Equipping

• Water Treatment

• Booster Pump Station

• Storage Reservoir

• Utilities

1.4 Summary of Scope of Services

The NTWFP will utilize the two step sealed bid procurement process methodology for design and construction of the following components:

1. Installation and equipping of two new wells

2. Water treatment for disinfection and iron/manganese. Space is to be allocated for future fluoridation and RO equipment

3. Booster pump station

4. Storage reservoir and

5. Equipment, utilities, and appurtenances to support their operation.


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6. Demolition of existing storage, pumping and treatment facilities; destruction of Well No. 6; and site restoration at McMaster Park

7. NTWFP site improvements.

A 15-foot-wide access easement and 24-foot wide utility easement have been obtained from the Torrance Unified School District (TUSD) along the south side of the Yukon Elementary School property adjacent to the Caltrans right-of-way for access to the Site. (Refer to Appendix 8 of Volume III-B.)

Treatment facilities will have the capacity to treat water from the three wells: Well No. 9 in McMaster Park, Well No. 10 (a new well) at the project site, and Well No. 11 (a new well). Development of the NTWFP project would allow demolition of the existing deteriorating 1-million-gallon (MG) tank, Well No. 6, and the booster pumping station (BPS) at McMaster Park, which would free up additional park land.

The City has completed the installation of all utilities in the TUSD easement and Public Right-of-Ways.

A matrix of the responsibilities of the Company and the City is included in Table 1-2 set forth below. The Contract executed between the City and the Company will set forth, in detail, the final agreed to responsibilities of the parties. The general intent of the DB Contract is to create a single point of responsibility and authority for all of the Contracted work on an integrated basis, so that the Company may provide complete design and construction of the Facility to the City and offer the efficiency and economies which result from a single entity having the opportunity to make decisions which optimize economic efficiencies and performance of the design, permitting and construction of the Facility.

Table 1-2 Responsibility Matrix

Description City Company California Environmental Quality Act (CEQA) compliance

City has completed a Mitigated Negative Declaration (MND).

Comply with MND requirements and mitigations measures.

Permits - Construction City will file Notice of Intent (NOI) with RWQCB for storm water discharge during construction, and for the Water System Discharge Permit.

Company shall prepare documents for permits required for construction, including: (1) DDW (2) RWQCB. (3) Comply with all permit requirements

Geotechnical investigation City to provide and responsible for geotechnical investigation (raw) data. A geotechnical report has been provided for the Company’s consideration. (Refer to Appendix 9 of Volume III-B.)

Company is responsible to retain a licensed geotechnical engineer to review data, compile recommendations, and stating key assumptions.


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Utilities Electricity City will enter into any required electrical

power service agreement for the Facility with SCE, including payment of any fees or charges. Preliminary contact has been made with SCE regarding the loads shown in the concept drawings. (Refer to Appendix 1 of Volume III-B.)

Company is responsible for all SCE coordination of design and construction of the electrical power for the facility including providing any required construction needed for the electrical power for the Facility.

Telephone and Telecommunications (AT&T)

City responsible for entering into telephone service agreement, including payment of any fees or charges.

Company responsible for design and construction of any facilities to provide telephone service for the Facility, and for making necessary contacts and arrangements.

Construction Water The City will identify a source of water (fire hydrant).

Company to pay for transport and disposal of all water needed for construction and testing.

Sewer City is responsible for entering into sewer service agreement, including payment of any fees or charges.

Company responsible for design and construction of any facilities for sewer service for the Facility, and for making necessary contacts and arrangements.

Storm Drain City responsible for obtaining NPDES permit and payment of associated fees.

Company responsible for NOI, design and construction of pipelines and installing necessary BMP infrastructure.

Easements City has obtained access and utility easements to the site.

Company to adhere to easement requirements.

Survey City has performed the initial site survey. Company responsible for any additional design and construction required surveys.

Design City to provide minimum design requirements, and some technical specifications and conceptual drawings in RFP.

Company responsible for completion of design & construction documents.

Construction City to review plans for Building and Safety permit.

Company responsible for construction based on design documents developed under this contract.

Water Quality City responsible to obtain permit from the Division of Drinking Water (DDW)

Contractor to prepare preliminary and final Drinking water system plans and manuals. Contractor to use the findings in the Corrosion Control Study Report (Appendix 3) for preparation of their design.

Quality assurance and quality control (QA/ QC)

At its discretion, City will provide occasional construction observation and QA verification testing.

Company responsible for establishing and implementing QA/QC procedures, including: (1) independent review of design products, and (2) inspection/testing of construction. Company shall provide documentation of QA/QC results.

Site Security Company responsible for construction site security.

SCADA programming of New Facility

City will provide input regarding preferences.

Company to provide hardware, software, and programming and . must use City-selected integrator.

Safety plan Company is solely responsible.


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QA/QC plan Company is solely responsible. Schedule Company is solely responsible.

1.5 Objectives of the Procurement

The City’s objectives for this Project are to provide reliable water service to City customers. The following goals guided the project planning process:

• Provide an efficient, cost-effective and high quality water facility for the City;

• Increase the City’s groundwater production for potable use;

• Minimize environmental impacts associated with the construction of the Project.

The City’s reasons for utilizing the design/build delivery process include:

1. Qualified Company. The City wishes to engage a reputable, experienced, knowledgeable and capable Company to design and construct the Project and deliver a Project that meets the City’s needs.

2. Quality. Developing a high-quality Project that incorporates sound engineering and design, high-quality materials and equipment, and high-quality workmanship is an important consideration for the City. The City’s concept of quality also encompasses durability, ease and cost of operation and maintenance, and efficiency with an emphasis on life cycle costs.

3. Single Point of Responsibility. The Contract for design and construction will require a single point of responsibility between the City and the Company, which will provide certain risk insulation for the City as well as ease of contract administration. Consistent with this approach, the City expects the Company to assume certain risks including demonstration through an acceptance test that the plant meets certain performance requirements.

4. Cost. The City expects that the Two Step Sealed Bid Procurement Process will deliver a completed project life-cycle cost that would be lower than would be possible under a typical design-bid-build process.

5. Schedule. The City seeks to receive a delivered project in an overall schedule equal to or less than would normally be required for a design-bid-build project.


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1.6 Accuracy of RFP and Related Documents

The City assumes no responsibility for the completeness or the accuracy of any information presented in this RFP, or otherwise distributed or made available during this procurement process, except as expressly stated to the contrary. Without limiting the generality of the foregoing, the City will not be bound by nor be responsible for any explanation or interpretation of the proposed documents other than those prepared in writing. The City will, however, provide relief for inaccuracies in the following documents:

A. The “raw” investigation data contained in the Project Geotechnical Report (Appendix 9 of Volume III-B)

B. Mitigated Negative Declaration (Appendix 10 of Volume III-B)

C. Easement Data (Appendix 8 of Volume III-B)

D. Water Quality Data (Appendix 3 of Volume III-B) To the extent actual geotechnical conditions vary from the data set forth in such geotechnical documents, or boundaries vary from such survey documents, such conditions may be the basis for a cost-substantiated adjustment to the Fixed Two Step Sealed Bid Procurement Process Price. Proposers must state the assumptions which it is making relating to such data or boundaries in its Proposal. In no event may a Proposer to this RFP rely on any oral statement made by the City or any of the City’s agents, employees, advisors, council members, or consultants.

Should a Proposer find discrepancies in, or omissions from, this RFP and related documents, the Proposer shall immediately notify the City, in writing, and a written addendum or bulletin of instructions, if necessary, will be mailed or delivered to each Proposer. Every Proposer requesting an interpretation of this RFP will be responsible for delivering such requests to the City in writing at the address and within the time limit set forth in Section 3.6.

The City considers any information which it may have released either orally or in writing prior to the issuance of this RFP as well as in connection with the RFQ to be preliminary in nature and the City shall not be bound by such information.

1.7 Personal Investigation

A mandatory site meeting will be held on TBD for proposers to walk and inspect the site. Proposers should satisfy themselves, by additional personal investigation and any other means they deem necessary, as to the conditions affecting the proposed services and the cost thereof. Proposers are solely responsible for conducting their own independent research and due diligence for their preparation of the Proposals and the subsequent delivery of services under the


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Contract. Each Proposer shall execute Business Proposal Form 1 to acknowledge their acceptance of this provision.

The Contract requires the Company to agree that the Site is acceptable and suitable for the construction and operation of the Project. Proposers, therefore, are advised to make all necessary inspections and visits to the Site and to review all available and relevant data and information, prior to the submittal of their Proposals, which are necessary in their judgment in order to design and construct the Project. Section 2.9 of this RFP describes geotechnical investigations performed by the City at the Site. Section 3.9 of this RFP describes the procedure by which Proposers must arrange for the Site visitations and Site investigations should they wish to enter the Site at times other than during the mandatory site inspection.

1.8 City’s Designated Agent and Project Advisors

The City has appointed the Public Works Director of the City of Torrance, to lead the procurement as its designated agent. The City has appointed the following individuals and firms (the “Project Advisors”) to assist the City in directing and reviewing the detailed activities undertaken in regard to this procurement, as well as to assist the City with the evaluation of the Proposals:

• AECOM Technology Services, Inc. – Overall Program Manager

• The City Attorney – General Counsel

• City Water Operations Superintendent

• The City Finance Director – Financial Advisor

The City may add additional Project Advisors and will identify any new advisors if and when a new advisor is added. Proposers are advised that in no event shall a Proposer include any person or firm listed above as part of its team for the Project or it may be disqualified from the procurement process.

The Project Advisors shall provide assistance to the City and its Evaluation Committee in preparing the RFP, and in reviewing and summarizing the Proposals, including providing financial, contractual and technical advice. The Project Advisors will also prepare and negotiate the final Service Contract and will provide project oversight, including design reviews, construction monitoring and environmental compliance oversight.


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1.9 Organization of this RFP

This RFP is organized into three volumes:

RFP Volume I – Proposal Requirements and Overview describes the reasons for using Design/Build- project delivery; provides background information related to the Project and Facility Site; describes the general scope of the Project; highlights key provisions of the draft Service Contract; describes the overall procurement process; sets forth Proposal evaluation factors and their relative weights; and defines Proposal submittal requirements. Proposal Forms are also included in Volume I. Except for the information contained in the completed forms, Volume I will not become part of the executed Service Contract.

RFP Volume II – Draft Design/Build Agreement and General Conditions sets forth the terms and conditions upon which the City desires to implement the Project.

RFP Volume III-A – Contract Appendices sets forth, among other things, the minimum technical requirements and certain business/financial requirements for the Project.

RFP Volume III-B – Reference Documents contains electronic versions of reference documents that are included in the accompanying CD-ROMs.

Proposers should note that, throughout Volumes II and III, notes exist in reference to specific areas within the documents where information from the Selected Proposer’s Proposal will be inserted. These insertions will be completed in the finalization of the Service Contract.

The above documents are available from the City’s website at http://ntwfp.torranceprojects.city.

http://ntwfp.torranceprojects.city/


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2 GENERAL INFORMATION

2.1 General Overview

Refer to Section 1.3 for project background.

2.2 Site Related Information

The Site selected by the City for the location of Well 10, the future treatment facility, pump station, and reservoir is adjacent to the and behind Yukon Elementary School. It is bounded by the school on the east, Southern California Edison property on the north, and Interstate 405 (CALTRANS) on the south and west.

Ingress and egress to the Site will be from Yukon Avenue, through the school parking lot after construction and from SCE right-of-way during construction.

Additional information regarding the site is located in Volume III.

2.3 Project Description

The Project will be designed and constructed with the capacity for treatment, storage and pumping of water from three City wells.

The City has prepared a preliminary design of the Project for use in the planning process. The conceptual design and other background information is included in Appendix A located in Volume III-A, which also contains a description of the major design elements of the conceptual design for the Proposers’ information. Some of the work elements described in these documents have already been constructed during Phases I and II of this project, as itemized below:

• Modification of the Yukon Elementary School parking lot

• Conveyance pipelines and electrical conduits from the reservoir site to Yukon Avenue

• Conveyance pipeline along Yukon Avenue.

The Project will be constructed with the existing Well No. 9 and other facilities at McMaster Park still in service. The existing facilities will need to be operational until it can be connected to the new Project, at which time demolition and removal of the facilities at McMaster Park will be performed by the Company once the new Project is fully operational, tested, and online.


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The minimum design requirements for the Project are included in Appendix A in Volume III-A of this RFP.

2.4 Facility Performance Requirements

The RFP, Volume II sets forth the Performance Guarantees for the Project. The Company shall design and construct the Project to meet the Performance Guarantees in compliance with all permits and Applicable Law. The Performance Guarantees shall include the following guarantees:

• Applicable Law

California Code of Regulations Title 17

California Code of Regulations Title 22

• Capacity

9,000 gpm influent and effluent pumping capacity

Provide chlorine residual of 2.5 mg/L in water leaving reservoir

Provide ammonia residual of 0.5 mg/L in water leaving reservoir.

Provide sequestrant concentration of 1.0 mg/L in water leaving reservoir.

• Water quality

Maximum H2S concentration of 0.1 mg/l in water in reservoir.

Meet Total Coliform Rule requirements in reservoir and discharge piping.

Meet requirements of proposed Groundwater Rule as currently under consideration by California Department of Public Health.

• Monitoring and control

Provide continuous monitoring of chlorine and ammonia residual.

Provide continuous monitoring of reservoir inflow, as the sum of the well flows.

Provide continuous monitoring of booster pump status.


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Provide continuous monitoring of well status.

Provide real-time interface of data with City SCADA system.

Provide real-time control of well and booster pumps by City SCADA system.

2.5 Regulatory Requirements

Regulations concerning construction and operation of public drinking water systems are contained in the California Code of Regulations Title 17 and Title 22.

The City’s intent is to obtain a system that will provide a safe, reliable drinking water supply meeting all Primary Standards, Secondary Standards, and Action Levels as established by the California Department of Public Health as described in Chapter 15 of Title 22, “Domestic Water Quality and Monitoring Regulations”. All construction shall comply with Chapter 16 of Title 22, “California Waterworks Standards”.

2.6 Facility Layout and Aesthetic Concept

The City’s intent is to create a plant site that is attractive and compatible with current and future surrounding uses. A set of conceptual drawings is included in Appendix A of Volume III-A. The conceptual drawings illustrate the City's intentions regarding layout of the facility with consideration of future expansion and plans for the Site. Proposers must develop an efficient layout of facilities and describe the advantages of any material deviations from the conceptual drawings which it proposes. Changes resulting from equipment size and orientations do not require explanation. The Project layout should consider expansion to meet future needs. The site shall be designed to comply with low impact design requirements with minimum site maintenance. Infiltration areas and future expansion areas shall use crushed gravel as a surface treatment and existing boulders on-site relocated to those areas. Re-landscaping the parkway in front of Yukon Elementary School is included in this project.

2.7 Facility Ownership, Financing and Security

2.7.1 Security for Performance

Proposers shall provide, as security for performance of the Contract, a performance bond and a

payment bond, in a form acceptable to the City. Proposers shall comply with minimum

requirements provided in the Public Works contract documents. These instruments shall be

provided at the time the Contract is executed. The cost of providing the performance bond and

payment bond shall be borne by the Company.


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2.7.2 Pricing Structure Overview

2.7.2.1 Fixed Two Step Sealed Bid Procurement Process Price

The Company’s Fixed Two-Step Sealed Bid Procurement Process Price shall be the sum of the Fixed Development Price and the Fixed Construction Price. The Company shall be paid monthly following Notice to Proceed with construction on a percent complete basis, a portion of the Fixed Construction Price for the construction and start-up of the Project. The Company will also be paid monthly following the Contract Date, a portion of the Fixed Development Price on a milestone basis for the design and permitting work for the Project. Five percent (5%) of each payment will be retained (except as provided the General Conditions (Volume II) until Acceptance is achieved. The City shall be responsible for securing the availability of all funds necessary to pay the Fixed Two Step Sealed Bid Procurement Process Price in a timely manner. The Fixed Two Step Sealed Bid Procurement Process Price will be the Company’s entire compensation and reimbursement for the design, permitting, construction, start-up and acceptance testing of the Project. Any cost overruns will be the responsibility of the Company unless due to an Uncontrollable Circumstance.

2.7.3 Design and Construction of the Facility

The Company shall be responsible for the design and construction of the Project, in accordance with Good Engineering and Construction Practice, Applicable Law and the requirements set forth in Appendix C included in RFP Volume III-A and any other applicable sections of this RFP. The Project shall be designed and constructed as an “essential facility” for building code purposes.

2.7.4 Prevailing Wage

The Company shall pay prevailing wages for all construction work. The Company shall provide a third-party labor compliance program to comply with the State grant program.

2.7.5 Scheduled Construction Date

The Company shall complete all of its development period responsibilities necessary to commence construction within the number of days set forth on Business Proposal Form 8 (the “Scheduled Construction Date”) as measured from the Contract Date.

2.7.6 Scheduled Acceptance Date


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The Company shall achieve project Acceptance within the number of days proposed on Business Proposal Form 8 (the “Scheduled Acceptance Date”) from the date of issuance of the Notice to Proceed with Design/Construction. Failure to achieve Acceptance by such date, if not excused due to the occurrence of an unforeseen event beyond the control of the Company or City Fault, shall subject the Company to the payment of liquidated damages, as described below.

2.8 Governmental Approvals

The Company will be responsible for identifying, preparing applications for, and obtaining all necessary Governmental Approvals, certifications, local variances, and permits for the construction of the Project. The primary responsibility of the Company is to obtain construction permits. The City shall be responsible for complying with CEQA, however, the Company shall be responsible for complying with the requirements of the Mitigated Negative Declaration for the Project.

2.8.1 Permitting

1) The Company will be responsible for obtaining and maintaining all permits and other governmental approvals, including City permits necessary for the performance of the Contract Services. The City will obtain the drinking water permit issued by the California Division of Drinking Water (DDW). The Company shall supply sufficient technical information to the City in support of the drinking water permit application. In addition, the City shall be responsible for processing California Environmental Quality Act (CEQA) documents.

2) Permitting responsibilities shall be allocated in accordance with Table D-1 set forth in Appendix D to Volume III-A.

3) The Company shall prepare and submit application forms, provide plans, specifications and drawings to each regulatory approval agency in sufficient detail necessary to satisfy the requirements of each permit application for which it is responsible. At a minimum, this may include engineering plans, specifications, renderings, engineering calculations, narratives and professional engineer certification in the State. The Company shall respond to any and all requests from the approving agencies and provide the information requested necessary to obtain the permit.

4) Application scheduling, critical path assessments, response to comments, application fees (except as otherwise set forth in Table D-1) and other costs for all permits and approvals


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except for those which are the responsibility of the City shall be the responsibility of the Company.

5) The Company is encouraged to arrange pre-application meetings with all regulating agencies prior to application development.

2.8.2 NPDES, WDRs and Other Permits

Proposers should review the effluent discharge limitations, monitoring requirements, and other relevant information set forth in RFP Volume III.

2.8.3 Contact with Regulatory Agencies

Proposers may contact the regulatory agencies directly with respect to any matters relating to the Governmental Approvals that may be required for the development of the Project and their Proposals.

2.9 Geotechnical Investigations

The City has had geotechnical investigations performed for the Site. A copy of all data is provided in RFP Volume III-B, Appendix 9. If a Proposer determines that more detailed geotechnical information is required, the Proposer shall perform additional investigations at their own cost. Actual subsurface conditions which vary materially from the raw data set forth in Appendix 9 and the information obtained from their own investigations (if any), may be grounds for a price adjustment.

2.10 Development Period

The Development Period is the period between the Contract Date and the commencement of construction. During such period, the City and the Company will be required to satisfy certain conditions and fulfill certain responsibilities. The Company responsibilities include, but are not limited to, obtaining all Required Insurances (that are not otherwise required on the Contract Date), obtaining all security instruments (that are not otherwise required on the Contract Date), and obtaining any necessary construction-related permits which are not the responsibility of the City and are necessary to commence construction. City responsibilities include, but are not limited to obtaining the permits and easements identified in Section 1.3, Table 1-2 for which it is responsible which are necessary to commence construction. Each party will work in good faith to successfully complete such tasks and fulfill their responsibilities.


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2.11 Affirmative Action

Proposers will be required to comply with Title VII of the Civil Rights Act of 1964, Executive Order 11246 and Section 503 of the Rehabilitation Act of 1973, if applicable, the California Fair Employment and Housing Act, for contractors and vendors pertaining to non-discrimination in employment by contractors, subcontractors, and suppliers.

2.12 Administration

The Company shall provide project administration, including:

• Documentation of Work progress

• Video logs of progress

• Progress payment invoices

• Submittals and RFIs

• Project meetings

• Record Drawings

• Operation and Maintenance (O&M) manuals

• Four weeks of training

• System testing documentation for the DDW

• Grant Management for BOR and IRWM Grant

o Payment documentation

o Work Progress Summaries

o Final Report

• Project closeout

• Documentation of potential contract changes for out-of-scope or changed conditions. The Contractor shall submit a request for change order as soon as possible after the change is discovered. The request shall include a description of the requested change


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along with a written costs estimate of the change. A written authorization shall be provided to the Contractor prior to proceeding with the work.

• Others, as needed.

Background documents are attached and can be downloaded from the City’s webpage:

example invoice packet.pdf

grant agreement.pdf grant requirement examples.pdf

invoice documents provided by lacfcd pa



MOU Project 11 City of Torrance.pdf

state presentation on grant requirement


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3 PROCUREMENT PROCESS

3.1 Procurement Process

This RFP is being issued to procure the Contract Services and provides the basis for selecting the Proposers that will be requested to provide fee proposals pursuant to the City’s multi-step process with which the City expects to enter into the Two Step Sealed Bid Procurement Process Contract. This Section describes the process that the City intends to follow in order to review, clarify and evaluate Proposals.

3.2 Schedule

The following table sets forth the proposed timetable for the procurement of the Contract Services described in this RFP. The City reserves the right to modify this schedule, as it deems necessary, in its sole discretion, for the successful implementation of this procurement.

Activity Date

Issue RFP TBD

Mandatory pre-bid meeting to be held at 20500 Madrona Avenue, Torrance, CA

TBD

Deadline for Receipt of Questions Concerning RFP TBD

Technical Proposal Submission Date TBD Deliver to: John Dettle City of Torrance 20500 Madrona Avenue Torrance, CA 90503

Evaluation of Technical Proposals TBD

Amendment of RFP (if required) TBD

Evaluation of Final Technical Proposals TBD

Invitation to Submit Sealed Priced Bid TBD Deliver to: Public Works City of Torrance 20500 Madrona Avenue


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Torrance, CA 90503

Submittal of Sealed Priced Bid TBD

Award of Contract TBD

Additional meetings between individual proposers and the City will be considered on an as-requested basis.

3.3 Reservation of Rights

This RFP constitutes an invitation to Proposers to submit Proposals to the City. By responding to this RFP, Proposers acknowledge and consent to the following conditions relative to the procurement process and the selection of a Proposer. Without limitation, the City reserves and holds, at its sole discretion, the following rights and options:

1. To require additional information from one or more Proposers to supplement or clarify the Proposals submitted.

2. To conduct investigations with respect to the qualifications and experience of each Proposer.

3. To visit and examine any of the facilities referenced in the Proposal and others owned, operated, and/or built by the Proposer to observe and inspect the operations at such facilities.

4. To waive any defect or technicality in any Proposal received.

5. To eliminate any Proposer that submits a Proposal that is deemed to be not responsive to the requirements of this RFP or is deemed to not be a responsible Proposer.

6. To reserve the right to short-list firms that are invited to submit fee proposals.

7. To prepare and issue such amendments and/or addenda to this RFP prior to the date of award of Contract, including the postponement or change for the date for receipt of Proposals or any other deadlines and dates specified in the RFP.

8. To receive questions concerning this RFP from Proposers and to provide such questions, and the City’s responses, to all Proposers.

9. To reject any or all Proposals.


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10. To cancel this RFP in whole or in part with or without substitution of another RFP if such cancellation is determined to be in the best interest of the City.

11. To the extent deemed appropriate by the City, the City may select and enter into discussions and to conduct simultaneous negotiations with one or more of the Proposer(s) submitting Proposals.

12. To select and enter into a Service Contract with the Proposer submitting a Proposal which is determined to be the most favorable Proposal to the City.

13. To take any action affecting the RFP procurement process, subject to this RFP, that is deemed to be in the best interest of the City.

3.4 Expense of Proposal Preparation

Each Proposal and preparation of all information required pursuant to this RFP shall be prepared at the sole cost and expense (including engineering and legal costs) of the Proposer. In addition, the Proposer shall be solely responsible for all costs (including engineering and legal costs) incurred by it in connection with the evaluation and selection process undertaken in connection with this procurement and any negotiations entered into in connection with developing a Service Contract. There shall be no claims whatsoever against the City, its staff, or its consultants or agents for reimbursement of the costs or expenses (including engineering and legal costs) incurred during the preparation of the Proposal or other information required by this RFP or procurement process or in connection with the selection process or contract negotiations. Each Proposer that enters into the procurement process shall prepare the required materials and submittals at its own expense and with the express understanding that they cannot make any claims whatsoever for reimbursement from the City for the costs and expenses associated with the process.

3.5 Reference Documents

A list of reference documents is provided in Volume III-B and CD-ROMs containing the Reference Documents have been provided to each of the Proposers in Volume III-B of this RFP. Copies of all documents can be found at the City’s website address at: http://ntwfp.torranceprojects.city.

3.6 Information Requests and Questions Concerning this RFP

Following issuance of this RFP, the Proposers may submit written questions to the City to assist the Proposers in the preparation of their Proposals. The City may, but shall not be obligated to,

http://ntwfp.torranceprojects.city/


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respond to such questions. All responses to these questions and requests for additional information which the City determines to respond to will be issued to all potential Proposers in the form of addenda to this RFP. The last day for submission of written questions will be on the date set forth in Section 3.2.

No oral interpretation, instruction, or information concerning this RFP given by any agent, employee, advisor, or consultant of the City shall be binding on the City. Proposers relying on such oral information risk having their response to this RFP deemed unresponsive by the City. The City will not be responsible for any explanation or interpretation of this RFP, unless such explanation or interpretation of this RFP is given in accordance with this written procedure.

All inquiries, correspondence, questions or clarifications shall be directed to:

John Dettle, PE Engineering Manager Public Works Department City of Torrance 20500 Madrona Avenue Torrance, CA 90503 E Mail: [email protected] Phone: (310) 618-3059 with a copy to: Bill Kamimura Associate Engineer Public Works Department City of Torrance 20500 Madrona Avenue Torrance, CA 90503 E Mail: [email protected] Phone: (310) 618-3078

mailto:[email protected]


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3.7 No Contact with City Officials or Employees

To ensure fairness during the procurement process, from the date the RFP is released to the Proposers until the Service Contract is executed or all Proposals are rejected, Proposers and their employees, representatives, and agents shall not contact members of the City Council, or any employee or representative of the City or any consultant of the City involved with this procurement process other than John Dettle (“Authorized Contact Person”) or his designated representative. The foregoing relates only to discussions, issues, comments and other communications related to the procurement process, and is not intended to limit unrelated contact with members of City Council or any employee or representative of the City or any consultant of the City involved with this procurement.

If a Respondent or its employees, representatives, or agents contact any City Council Member, City employee, representative or consultant other than the Authorized Contact Person or his designated representative in relation to this procurement, then such Respondent risks being excluded by the City from the balance of this procurement process.

3.8 Addenda or Amendments to this RFP

During the period provided for preparation of Proposals, the City may issue addenda to this RFP. These addenda will be numbered consecutively and will be distributed to all who are registered with the City as having received a copy of this RFP. These addenda will be issued by, or on behalf of, the City and will constitute a part of this RFP. Each Proposer is required to acknowledge receipt of all addenda at the time of submission of its Proposal by submitting an executed Proposal Transmittal Letter, included as Business Proposal Form 1 to this RFP. All responses to this RFP shall be prepared with full consideration of the addenda issued prior to the Proposal Submission Date.

3.9 Site Access and Investigation

A mandatory site walk / inspection will be held on TBD. The City recognizes that Proposers may need access to the Site during the Proposal preparation period. Proposers may schedule an individual visit to the Site by contacting the Authorized Contact Person identified in Section 3.7.

3.10 Inspection of Proposals

The Proposals will not be made available for public inspection until the Service Contract has been executed.


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3.11 No City Liability

Neither the City, its staff, its representatives, nor any of its consultants will be liable for any claims or damages resulting from the solicitation, collection, review or evaluation of responses to this RFP.

3.12 City Responsibility to Maintain Confidentiality

All Proposals and related materials received from Proposers in response to the procurement documents will become the property of the City and will not be returned. To the extent permitted by law, the City is committed to maintaining the confidentiality of the Proposer’s submittals made as part of this procurement process until the execution of the Service Contract. Until that time, only the name of each Proposer and its list of Project team members will be made available to the public. In addition, the City will delay any review of the Proposals by anyone other than the Evaluation Committee, the City’s project team, and its Project Advisors until after the Proposals have been made public. To the extent a Proposer designates and the City concurs, and in accordance with statutes governing release of information, the City will make every reasonable effort to protect trade secrets and other proprietary data contained in a Proposal and identified as indicated in the next paragraph.

If a Proposer believes that portions of its Proposal are exempt from disclosure to third parties after the Proposals become public, the Proposer shall in its Proposal clearly label the specific portions that are to be kept confidential, specify the exemption allowed under applicable law, and explain the reasons why these portions of its Proposal should be kept confidential. Marking all or substantially all of the Proposal as confidential may result in the Proposer being considered non-responsive by the City.

The City will notify the Proposers of any requests under the California Public Records Act to disclose such information. However, it is the responsibility of the Proposer, as the real party in interest, to defend any such action brought under such Act.

Proposers, by submitting their Proposals, expressly acknowledge and agree that the City will not be responsible or liable in any way for any losses that the Proposer may suffer from disclosure of information or materials to third parties.

3.13 Modification of Proposals

A Proposer may correct or modify the Proposal by written notice received in the office designated in Section 3.6 prior to the time and date specified in Section 3.2 for receipt of Proposals. Any such corrections or modifications shall be submitted to the City pursuant to the


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submittal requirements set forth in Section 5.7. After opening of the Proposals, the City may waive minor informalities or allow the Proposer to correct such informalities.

3.14 Prior Information

The City considers any information which it may have released either orally or in writing prior to the issuance of this RFP to be preliminary in nature and the City shall not be bound by such information.

3.15 Oral Presentations

After the Proposal Submission Date, the City may require Proposers or their representatives to make oral presentations to or attend interviews with representatives of the City.

3.16 Termination of Negotiations

The City in its sole discretion may, at any time, exclude a Proposer from further participation in the negotiation process if it determines that such Proposer is failing to progress in the negotiations or if the terms of its Proposal provide less value than those of the next Proposal. The City will give written notice of its decision to the Proposer which shall be sent in writing and signed by an authorized representative of the City.

A Proposer who fails to negotiate a Service Contract in good faith with the City shall forfeit its Proposal Bond to the City. The Proposal Bond requirements are set forth in Section 6.2.3.

3.17 Withdrawal From Procurement Process

A Proposer may withdraw a Proposal prior to the date and time set for the opening of the Proposals provided that a written request to withdraw the Proposal is hand delivered to the Authorized Contact Person, by or on behalf of an authorized representative of the Proposer, or the request is delivered by certified mail.


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4 PROPOSAL EVALUATION

4.1 Selection Criteria

All Proposals will be evaluated by the procedures and criteria described in this section for the ultimate purpose of determining which Proposers are invited to submit fee proposals to the City.

Prior to requesting sealed bids (costing), the City will review technical proposals and may conduct interviews with each bidder to verify that each bid is responsive and complete. The City may issue an addendum to the scope of work. Each Proposer may either submit a modified technical proposal or withdraw their technical proposal. The City will then request sealed bids (costing). The Proposer with the lowest pricing will be awarded the project.

This evaluation will also allow for changes and enhancements to teams to be considered in the selection process. Proposers are reminded that any substitution of a significant team member (firm or individual) from those described in Statements of Qualifications requires approval by the City. However, City approval is not required for strengthening of Proposers by adding personnel or subcontractors prior to submitting an RFP. Proposers will not be required to completely resubmit qualifications information but will be required to submit the updated and supplemental information outlined in this RFP. All information submitted by Proposers in their SOQs, as well as supplemental qualifications information provided with this RFP and information independently gathered by the City, will be considered for purposes of the Proposal evaluation.

4.2 Evaluation Criteria

The criteria set forth below that will be used to determine if a proposal is responsive and complete are not necessarily listed in order of importance and are not necessarily of equal weight. The Proposer shall provide in its Proposal all information necessary to address each of the Comparative Evaluation Criteria.

The City will evaluate proposals by applying the criteria in the following subsections.

4.2.1 Technical Approach Criteria

Criteria to be applied to evaluate the Technical Approach will include, but not be limited to:


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4.2.1.1 General

• Does each aspect of the Technical Proposal comply with the technical requirements of this RFP? Are there any deficiencies, enhancements or other deviations from the technical requirements?

4.2.1.2 Non-Process Design

• What is the soundness and appropriateness of those components not directly related to water treatment including: civil/site work, structural integrity, building services, instrumentation and control, power supply and electrical systems, and communications systems?

4.2.1.3 Architecture and Aesthetics

• Is the design consistent with nearby surrounding buildings, , including the architectural profile and presentation? Does the site layout confirm to State Low-Impact Design requirements?

4.2.1.4 Construction

• Will the Proposer’s approach to coordination ensure that schedules are met and that the work progresses in a timely manner?

• Has the Proposer adequately created measures for planning, implementing and maintaining construction safety for all persons and ensuring that a safe construction site is maintained at all times?

• Has the Proposer provided a comprehensive start-up and Acceptance Testing plan?

4.2.1.5 Preliminary Procurement Process Quality Management Plan

• Does the Proposer’s Procurement Process Quality Management Plan proactively monitor and assure quality of the Procurement Process Work and tracking of proper action based on QA/QC input?

• Are the permitting and design QA/QC procedures clear and sufficient?

• Are the construction QA/QC procedures and staffing clear and comprehensive?

• How will the observations and comments on the design by the City be handled?


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4.2.1.6 Compliance with the Project Schedule Requirements

• Does the Proposer’s Project CPM Schedule meet City requirements for completion dates?

4.2.1.7 Project Management

• Does the proposed project management and staffing plan support the project objectives?

• Does the Proposer’s Proposal communicate clearly how key personnel will have the authority, accountability, and means to accomplish the Contract Services goals and objectives?

• Does the Proposer integrate the design organization with both the construction and operations organizations during all phases of design in order to promote constructability, operability, maintainability, value engineering and efficiency of design and construction?

4.2.1.8 Approach to Obtaining Governmental Approvals

• Does the Proposer provide a reasonable and clear schedule and approach for obtaining Governmental Approvals?

• Does the Proposer describe a strong understanding of the regulatory and permitting process of all Governmental entities having jurisdiction?

• Does the Proposer describe strong understanding of regulatory uncertainty and potential permit program changes?

• Has the Proposer identified means to minimize the risk of delays during the approval process?

4.2.1.9 Proposer Partnership Environment

• Does the Proposal demonstrate that the Proposer’s understanding of a team partnership environment in all phases of the project?

• Does the Proposal consider the City’s involvement throughout the project?

• Does the Proposal identify sufficient key project management personnel that will be assigned to the project on a full-time basis?


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4.2.2 Business Proposal Criteria

The following criteria will be applied to evaluate the responsiveness of Business Proposals and will include, but not be limited to:

• What exceptions, if any, did the Proposer take to the Draft Service Contract? What are the advantages and disadvantages to the City of these exceptions?

• Did the Proposer take any exceptions to the Service Contract that can significantly reduce its value to the City?

• Did the Proposer take any exceptions to the Service Contract that shifts unacceptable risks to the City?

• The City will also evaluate the financial strength of the Proposer and their Guarantor(s). The financial capacity assessment will consider the adequacy of the Proposer and the Guarantor to assure the full and timely performance of the Company's obligations under the Service Contract and the overall financial stability of the Company and the Guarantor.


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5 PROPOSAL REQUIREMENTS

5.1 General Format and Organization

Proposers shall submit a fully developed Proposal in accordance with the instructions provided in this section of the RFP. In addition to textual discussions, Proposers shall submit design drawings, diagrams and the Proposal Forms included with this RFP. Textual discussions should include references to the design drawings, diagrams and Proposal Forms.

Proposers shall provide the information requested in this RFP in accordance with the format and content requirements outlined below. Failure of the Proposer to provide all of the requested information and to provide it in the requested format may result in the City, at its sole discretion, determining that the Proposal is non-responsive to the requirements of the RFP.

5.1.1 Organization and Content of Proposal

In general, each Proposal shall contain all information which may be of importance to the Evaluation Committee in selecting a company for performance of the Contract Services. The information submitted shall include all information specifically requested by this RFP, and any information not requested by this RFP, which may have a reasonable bearing on the Evaluation Committee’s evaluation of the Proposer.

Proposals submitted in response to this RFP shall consist of the following volumes with the following section headings. This Proposal organization structure follows the evaluation criteria set forth in Section 4.2, as supplemented to include additional related information required by this RFP.

The Proposer shall provide information in accordance with the content and format requirements set forth in this RFP. Proposers shall incorporate graphics (e.g., process flow diagrams and drawings) as necessary to clearly present their Proposals. The Proposal shall consist of five volumes, including:


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Volume of Proposal Volume Title

Volume I: Transmittal Letter, Executive Summary and Proposal Bond

Volume II: Design / Build Contract

Volume III-A: Technical Approach Proposal

Volume III-B: Drawings, Diagrams and Specifications

Volume IV: Business Proposal

Volume V: Price Proposal (Submitted after Technical Proposal has been approved and upon request)

Proposers may present Volume III-B in either separate or combined documents. Proposers are encouraged to reduce the repetition of identical information within several sections of the Proposal by making the appropriate cross-references to other sections of their Proposal. Appendices for Project-specific technical information such as plans, reference tables, and charts, may be used to facilitate Proposal preparation.

Proposers are required to organize the information requested in this RFP in accordance with the format outlined below. Failure of the Proposer to organize the information as required by this RFP may result in the City, at its sole discretion, deeming the Proposal unresponsive to the requirements of the RFP.

Volume I: Executive Summary

1. Proposal Transmittal Letter (Business Proposal Form 1)

2. Table of Contents

3. Introduction and Overview

4. Reserved

5. Summary of Technical Approach Proposal


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6. Summary of Business Proposal

7. Proposal Bond

8. Summary of Proposal Forms

9. Conclusion

Volume II – Service Contract

Volume III-A: Technical Approach Proposal


2. Project Approach

3. Project Proposer Operating Structure, Leadership Roles and Accountability

4. Project Proposer Philosophy and Approach

5. Reserved

6. Labor and Subcontractor Management

7. Development Period Plan

8. Procurement Process Schedule

9. Procurement Process Plan

10. Treatment Process and Equipment Selection

11. Grant Processing

12. Civil/Site Work

13. Building Services

14. Power Supply

15. Electrical Equipment


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16. Instrumentation and Control

17. Auxiliary Facilities

18. Buildings

19. Reliability and Redundancy

20. Reserved

21. Site Master Planning

22. Reserved

23. Construction Safety

24. Preliminary Operating Protocol

25. Start-up and Acceptance Test Plan

26. Quality Management

27. Reserved

28. Additional Technical Information

Volume III-B: Drawings, Diagrams and Specifications

1. General

2. Civil/Structural

3. Architectural

4. Mechanical/Process

5. Process Control and Instrumentation

6. Electrical

7. Technical Specifications


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Volume IV: Business Proposal


2. Reserved

3. Exceptions to Business and Contractual Terms

4. Guarantor Acknowledgement

5. Additional Business Information

6. Business Proposal Forms 1-9 shall be submitted with this volume

Volume V: Price Proposal


2. Percent Complete Payment Schedule

3. Price Proposal Forms P-1 – P-3 shall be submitted with this volume

5.1.2 Form of Proposal

The Proposer shall provide the appropriate information required for each volume, in accordance with the following content and format requirements:

• Each volume and all related information shall be bound as a single document, unless that is impractical, in which case an appendix document accompanying the volume may be submitted.

• The responses shall be clear, concise, factual, and complete with a minimum of extraneous material.

• The information provided shall reference, to the extent practicable, the section of the RFP being addressed.


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• The Proposal volumes shall be indexed and sectioned and shall be prefaced with a table of contents.

• The Proposal documents shall be typed or printed (1-1/2 spacing) on 8-1/2 inch by 11 inch paper, except for figures or maps which must be prepared at a larger size due to scale requirements in order to be legible. Oversize maps and figures greater than 11 inches by 17 inches are discouraged but, if needed, shall be organized in appendices whenever possible.

• The original Proposal shall be unbound (in a manner that will allow for easy reproduction) and 2 copies shall be individually bound in a manner that will allow the document to easily lay open faced and also allow for easy turning of pages (note that 3-ring binders are not acceptable).

• All information shall be provided in the English language. If any of the information is not in the English language, a certified English translation shall be provided (including numeric conversion of amounts into U.S. dollars).

5.1.3 Proposal Transmittal Letter and Signature Requirements

Together with each Proposal, the City must receive one fully executed Proposal Transmittal Letter (Business Proposal Form 1) from the Proposer acknowledging, among other things, that the Proposer has completely reviewed and understands and agrees to be bound by the requirements of this RFP. The Proposal Transmittal Letter commits the Proposer, if selected, to carry out the provisions of the Proposal and shall further state that (a) all information and statements contained in the Proposal are current, correct and complete; (b) all representations made regarding the Proposer’s willingness to meet the required Performance Guarantees, and the Proposer’s concurrence with the proposed business arrangement, are true; (c) the Proposal is provided fairly, without collusion or fraud; and (d) the Proposer will, if selected, negotiate in good faith to enter into a Service Contract which reflects all substantive terms and conditions of the RFP and the Proposal. Finally, the Proposal Transmittal Letter must designate a contact person for all communications to and from the City with respect to this procurement. The Proposal Transmittal Letter must also designate the individuals who will be the Proposer’s key technical and business negotiators and who shall be available to respond, in a timely fashion, to inquiries submitted by the City or its consultants.

The Proposal Transmittal Letter must be signed by a representative of the Proposer who is empowered to sign such material and to commit the Proposer to the obligations contained in the Proposal (the “Designated Signatory”). The Certificate of Authorization (Business Proposal


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Form 2) attesting to such authorization must also be submitted with the Proposal. If the Proposer is a partnership, the Proposal shall be signed by one or more of the general partners. If the Proposer is a corporation, an authorized officer shall sign his or her name and indicate his or her title beneath the full corporate name. Anyone signing the Proposal as agent must file with it legal evidence of his or her authority to execute such Proposal. All forms which require the signature of the Proposer shall be signed by the Designated Signatory.

5.2 Proposal Volume I: Executive Summary

The Executive Summary must be presented as a separate document. It shall summarize, in clear and concise language, the information contained in the Qualifications Proposal, Technical Proposal, Business Proposal, and Price Proposal and shall include an Introduction and Overview section and a Conclusion.

The Executive Summary shall also summarize the information contained in the Proposal Forms. This shall include, for each Participating Firm, the form of business organization, ownership and firm description; proposed role in the transaction; and information as to criminal conviction, regulatory violations, bankruptcies, lawsuits and contract disputes.

The Executive Summary should be drafted so that it may be easily understood by persons not having a technical background so that the proposed services and costs are readily understandable. In addition, the Executive Summary shall be limited to 25 pages, plus any renderings, tables, drawings and graphs.

The Executive Summary shall also include the Proposal Transmittal Letter and Certificate of Authorization as further described in Section 5.1.3.

5.3 Proposal Volume III-A: Technical Approach Proposal

A Technical Approach Proposal shall be submitted as a separate bound volume that does not contain any price information. This section outlines the information that the Proposer is required to include in its Technical Proposal. The Technical Proposal shall indicate how the Proposer intends to provide the Contract Services and include the information necessary to determine the technical merits of the Proposal. The Proposer shall define, in detail, the proposed Facility, including the technical information necessary to convey a clear understanding of the proposed treatment process. The Proposal shall be in sufficient detail so that the City can ascertain the Proposer’s ability to carry out the Contract Services and comply with the Performance Guarantees and Design Requirements. The Technical Proposal narratives shall include an explanation of a rationale behind the design, including descriptions of the benefits of the


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proposed design, and shall complement information provided on the Proposal Forms. Generally, technical information provided in the proposal demonstrating how the Company will beat the Design Requirements and the Performance Guarantees will be included in the Service Contract and the Company will not be able to modify such proposal without the consent of the City. Certain elements of such information, however, may be subject to variation as the design is developed and carried to completion and shall not necessitate City consent with respect to the change from there (“Supplemental Technical Information”). The Company shall clearly and expressly designate any element of its proposal which it proposes as Supplemental Technical Information. Examples of elements of a proposal which might be considered Supplemental Technical Information include minor variations in the thickness, level and composition of individual structural members; exact dimensions of rooms and buildings (to the extent overall functionality is not impaired or total square footage decreased); routes and depth of pipe work; exact size, weight and height of mechanical components; and dimensions, ratings and positions of electrical, power and control cables, switchgear, transformers and control panels. No such variations shall be inconsistent with the Design Requirements.

Proposers are encouraged to submit alternate technical approaches as part of their submittal. Proposers shall provide sufficient description so that the alternative options can be evaluated against that described in the bid documents. A summary of the technical and / or cost advantages shall be provided along with the description.

5.3.1 Project Approach

The Proposers should explain their team’s approach to the Contract Services. Specifically, the Proposers are asked to clearly and concisely communicate how they propose to manage the performance of the Contract Services to achieve the following objectives.

• Overall environmental protection

• Positive and cooperative community relations

• A cost efficient and high quality project

• Timely completion

• Safe environment for all involved (staff and public)

• A collaborative team environment free of adversarial relationships

• Reasonable and appropriate risk sharing


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• No claims or litigation

• A cooperative long term business relationship

The City believes the two step sealed bid procurement process contracting method is the best vehicle to accomplish these objectives. In order to achieve the optimal benefit from this process, the City prefers that the Project Proposer be one that is a truly integrated team with a genuine collaborative philosophy. Such a team would integrate the three prime roles of designer, builder and O&M provider (for startup and initial O&M). These prime roles would be integrated in a manner that supports collaboration and high performing team concepts. This team structure should share risk and reward, contain proper incentives and allow for the routine conflict resolution of the issues that typically arise between these three prime roles.

5.3.1.1 Project Proposer Philosophy and Approach

The Proposer shall describe the overall philosophy of the Proposer’s approach to the Contract Services, as to: how the Proposer intends to ensure that the City achieves its project goals and objectives, what the Proposer’s goals and objectives are and how such goals and objectives will be achieved.

5.3.1.2 Labor and Subcontractor Management

Explain the Proposer’s approach to integrating labor and subcontractor members into the collaborative team environment. Proposer shall describe how labor and subcontractor costs will be tracked and how firm will coordinate with the third-party labor compliance firm to verify compliance with applicable labor requirements.

5.3.1.3 Allocation of Construction Work

Describe the allocation of the construction work among the general contractors and subcontractors. The City will view self-performance of work by the general contractor in a favorable light.

5.3.2 Development Period Plan

Describe the Proposer’s approach to the completion of the Development Period activities, including a schedule for completion of the various Development Period responsibilities.

5.3.3 Procurement Process Schedule


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Submit a Critical Path Method (“CPM”) schedule for the performance of the Contract Services that reflects a realistic approach to a project of this nature and scope, and that addresses the major milestones related to the permitting, design, construction, commissioning, testing, start-up, and initial operation of the Facility.

5.3.4 Procurement Process Plan

The Proposer shall clearly describe the specifics of the Project. All major components of the Project shall be described, including the key process steps and other support system, buildings and areas. The following subsections outline the technical elements that shall be included in order to demonstrate compliance with the Performance Guarantees and Minimum Design Requirements.

5.3.4.1 Civil/Site Work

The Proposer shall describe its approach for development of the Site, including the layout of the Site, staging construction laydown areas, earth movement (cut and fill), excavation, clearing and grading, groundwater control and dewatering including dewater water disposal, undisturbed areas, drainage, storm water management and treatment, roadways and traffic management, parking, site security, utilities, etc. Proposers shall show this information on the drawings to the extent possible. The SCE right-of-way adjacent to the Site may be used for staging, storage, and temporary soil storage provided that a grading plan be submitted and approval by SCE. Proposers shall also provide detailed description of the information and assumptions it is making with respect to the data in the geotechnical reports supplied by the City on which the Company is relying. Disposal information shall include company name, telephone number, and contact person. The Proposer shall provide a detailed landscaping plan.

5.3.4.2 Well Construction

The Proposer shall provide the services of a registered hydrogeologist for final design of the new wells, and to observed drilling, completion and testing of the wells. The hydrogeologist or his representative is required to be on-site during the following operations:

• Drilling contractor’s mobilization and demobilization.

• Pilot hole drilling. Take samples for evaluation in determining well screen location and size.


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• Geophysical logging for the following: 16-inch and 64-inch normal resistivity with point resistance, spontaneous potential, gamma ray, guard resistivity, and acoustic with variable density log and porosity.

• Reaming.

• Installation of well casing, screen and gravel pack.

• Well development and test pumping. This consists of airlifting/swabbing and pumping/surging. Test pumping will consist of step-drawdown and constant rate 24-hour constant rate pumping tests to determine recommended design capacity.

• At the conclusion of the constant rate pumping test, take water samples and send to a state-certified laboratory for analysis of constituents required by the State of California Code of Regulations Title 22 Rule. In addition to these constituents, hydrogen sulfide shall also be reported.

• Alignment testing, video logging and disinfection.

After well completion, the hydrogeologist shall prepare a well completion report, summarizing all aspects of the well construction and testing. Submit four copies of each report to the City.

For each well, prepare a Drinking Source Water Assessment report. Submit to City for review, then make application to the State Department of Public Health for a permit; include the Assessment report, Water Well Driller’s Report and any other required information.

5.3.4.3 Building Services

Proposals must fully describe all building services for each structure (building). Building services must include a description where applicable of the following systems:

• Heating, ventilation, and air conditioning;

• Electrical power and lighting;

• Plumbing;

• Sanitary facilities;

• Floor plans;


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• Potable water supply;

• Fire protection;

• Voice & data communication system;

• Security systems for buildings;

• Telephone system and utility connections; and

• Hazardous materials storage and disposal.

Building services descriptions shall include, but not be limited to, equipment sizing and/or criteria, materials of construction, maintenance criteria, etc. Proposals must supplement discussions of building service systems with system schematic drawings, where appropriate, to illustrate proposed systems.

5.3.4.4 Power Supply

The City anticipates that the Contract Services will require negotiations and planning with Southern California Edison (SCE) and that the Company’s design be compatible and efficiently address the power company’s rate structure. The Proposer shall describe in detail how electricity will be provided to the Project. The Proposer shall be responsible for providing temporary power during construction of the facility.

5.3.4.5 Electrical Equipment

The Proposal shall describe all major electrical equipment on the appropriate Proposal Forms. For each major component, the Proposal shall include, at a minimum, the number of units, location, horsepower, voltage rating, motor classification, and rate of power usage including that for utility and control system power and site lighting (normal and emergency).

5.3.4.6 Instrumentation and Controls

The Proposer shall describe and show its instrumentation and controls on the appropriate Proposal Form and Process and Instrumentation Diagrams (“P&ID”), respectively. In addition, the Proposer shall supplement the Proposal Forms and P&IDs with a detailed description of the process instrumentation and control systems; their utilization to achieve the Proposer’s operational philosophy and their compatibility and potential interconnection with the City’s SCADA system for monitoring and control of facilities. The control interface shall be fully described. The Proposer shall describe how the proposed automation of the Project will impact


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staffing levels at the Facility (normal and emergency operation). The Proposer shall describe its plan for system upgrades as technology advances.

5.3.4.7 Auxiliary Facilities

On the appropriate Proposal Form, the Proposer shall describe the auxiliary facilities to be provided, including on-site laboratory, chemical storage, engine/generator unit, portable generator storage, fuel tank, etc. The function, size, and purpose of each auxiliary facility shall be described, including how each facility will be equipped.

5.3.4.8 Buildings

The Proposer shall provide a description and layout of the control room, generator room, chemical room, laboratory, restroom, pump room, and electrical room. The description should reference the architecture and aesthetics provided in the Proposal Forms and the drawings, including furnishings, lighting, floor coverings, wall coverings, ceiling finishes, doors, windows, and all other appurtenances such that the overall building concept is adequately described.

5.3.4.9 Reliability and Redundancy

Elsewhere in the Proposal, the Proposer shall have defined its design of the Project. In this section, Proposers shall describe the rationale behind their design decisions, including provisions for future expansion.

5.3.4.10 Site Master Planning

The Proposer shall describe its master plan for the Site to allow for easy future expansion of the Project, while maintaining full treatment capacity. This section shall describe the layouts of the Site included with the drawings. Narrative descriptions shall be provided for the construction procedures required to add the reverse osmosis process while maintaining full plant operations at design capacity.

5.3.4.11 Architecture and Aesthetics

The Proposer shall describe its architectural design approach which shall relate directly to the surroundings at the Site in compliance with Appendix C of Volume III-A. It is clearly understood that the Project will have a visual impact on the surroundings. The design approach shall proactively set an aesthetic standard that is consistent with the existing City well buildings. The Proposer shall include a Site analysis which examines and displays the relationship of the proposed architectural design to the existing and anticipated characteristics of the Site. The Proposer shall provide a site layout that shows use of low-impact design and reuse of existing


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boulders. The Proposer shall demonstrate the Proposer’s knowledge of the Site and provide the basis for the Proposer’s architectural concept and design.

5.3.5 Construction Safety

The Proposer shall describe the planning and safety measures to be used on the Site and a description of how this will be communicated to all individuals near or on the Site during the Construction Period and operation. The Proposer shall also describe their approach to minimizing the likelihood of construction-related accidents and compliance with safety measures required by Applicable Law. This section shall, at a minimum, address the following items:

• Safety goals, standards, and guidelines

• Designation by name of a full-time, on-Site safety coordinator who is to be responsible for all safety related activities and a description of other staff positions involved in safety planning and review

• A framework for a safety review process and appropriate regular meetings to address safety issues

• Documentation of safety procedures

• Construction traffic management and equipment and substance (chemicals) safety training

• Method for tracking who is on the Site

5.3.6 Chemicals and Materials Management

The Proposer shall describe how fuel, chemicals, and other toxic or hazardous materials will be handled on the Site. The approach to the handling of toxic or hazardous materials shall demonstrate how the design of the Project and the proposed operating strategies will minimize the risk of related hazards, including combustion, noxious or harmful fumes, and spills.

5.3.7 Start-up and Operational Test Plan

The Proposal shall describe the Proposer’s approach to start-up and testing of the various systems and the Project as a whole. This section should be consistent with the Acceptance Testing sections of the Service Contract , Appendix C-3 (Volume III-A) and Appendix F (Volume III-A). After startup, the Proposer shall operate the facility for a period of three months.


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5.3.8 Quality Management Plan

The Proposal shall include a discussion of the Proposer’s approach to quality management, including quality assurance and quality control (QA/QC), shall be consistent with and support the following overall quality objectives established by the City:

• Ensure that the permitting, design, and construction of the Facility are consistent with the Service Contract and the Contract Standards.

• Provide for a high-quality workmanship.

• Integrate and coordinate permit specialists and environmental scientists, designers, engineers, construction contractors and operators into all review phases of the construction.

• Develop systems to ensure that problems are discovered early, resolved in a timely manner, and do not recur.

• Provide independent oversight equipped with adequate resources to ensure that quality is not compromised by production goals. During the permitting and design phase, independent oversight is defined as having QA/QC personnel separate from and independent of the design production team on whose work QA/QC functions are being performed. During the construction phase, Design Firm oversight of construction is required as a component of the quality management. Design Firm oversight during construction is defined as the construction administration and resident engineering services required to provide quality assurance.

• Ensure, by use of specified procedures and audit functions, implementation of the QA/QC functions.

5.4 Proposal Volume III-B: Drawings and Diagrams and Specifications

Provide a set of drawings that clearly label and illustrate the specifics of the Project, including all major components. These drawing(s) will serve as an overview of the technical design proposed for the Facility and will become a part of the Appendices to the Service Contract. At a minimum, this section shall include the drawings and diagrams described below. The Proposer may include additional drawings. Drawings may be submitted separately from the balance of the Technical Proposal at the option of the Proposer.

5.4.1 General


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The Proposer shall provide drawings showing the limits of the Site and the limits of construction. The Site plan drawing(s) shall identify the limits of work, including clearing limits; all permanent and temporary on-Site structures, Site security and utilities; staging and laydown areas; roadways and traffic circulation; parking areas; clearing and grading; Site drainage; and storm water management plan. Site section drawing(s) showing typical sections through the developed portion of the Site shall be included. The City has obtained the lease of the Southern California Edison (SCE) right-of-way north of the Site. If areas beyond the site are needed by the Proposer, those shall be provided by the Proposer and any costs for rental, lease, purchase of work areas are to be included in the Proposer’s Cost Proposal.

Drawings shall depict the accommodations made for future expansion of the Facility to accommodate treatment should it be needed. Pumping, piping and valving at the intake and discharge point of major systems within the Facility shall be indicated, including the size, hydraulic capacity, and material of each component. At a minimum, the general Facility drawings shall include:

• Process Flow Diagram - Proposers should identify all chemical feed locations. The projected quality of the influent and effluent of each unit process with respect to the key parameters shall also be provided. Equipment data, including Manufacturer, Capacity, Pressure, Horsepower, Etc., should be indicated for each piece of equipment. An Equipment List with all relative information pertaining to the equipment, or Equipment Data Sheets may be submitted in lieu of putting the information on the drawings.

• Site Layout Plan with Low-Impact Design requirements

• Grading and Drainage Plan showing storm water treatment and detention areas

• Utility Plan (excluding Phase I and II)

Plans and layouts shall be to a standard scale, identify the scale, and include dimensions for major features.

5.4.2 Civil / Structural

The civil / structural drawings shall include:

• Legend (if different from the general drawings legend)

• Site plans and Layouts (include all tankage, buildings, and roadways)


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• Foundation and Floor Plan (elevations and cross-section)

• Utilities Plan (may be included in general drawings Site Layout Plan)

Plans and layouts shall be to a standard scale, identify the scale, and include dimensions for major features.

5.4.3 Architectural

The Team shall submit the following architectural and landscaping drawings at a minimum:

• Schematic Utility Building enlargement, including area classifications

• Schematic entry feature elevation or perspective for the Site

• Yukon Avenue parkway landscaping as it relates to Yukon Avenue.

The above listed architectural drawings shall include materials of construction.

5.4.4 Mechanical/Process

• Plans and layouts (major equipment, piping, and chemical areas)

5.4.5 Process Control and Instrumentation

The process control and instrumentation drawings shall include:

• Legend

• Process control and instrumentation diagrams (include the range of concentrations and/or other values of key parameters

• Locations of all flow and water quality monitoring devices

• Schematic block diagram of distributed control system

• Control philosophy

5.4.6 Electrical

The electrical drawings shall include:

• Legend


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• Electrical one-line Diagram - Proposers should identify Electrical Equipment data, including Manufacturer, Capacity, Pressure, Horsepower, etc., on the drawing. An Electrical Equipment List with all relative information pertaining to the equipment, or Equipment Data Sheets may be submitted in lieu of putting the information on the drawings.

• Facility entrance and transformers

5.4.7 Additional Equipment Information

Additional equipment information provided by the Proposers will be viewed favorably by the Evaluation Committee.

5.5 Proposal Volume IV: Business Proposal

This Section shall present the business and financial aspects of the Proposal. The Proposer shall submit sufficient information so that the City can evaluate the Proposer's ability to satisfy the conditions of the Service Contract. The subsequent subsections outline the type of information that shall be included in the Proposer's business and financial submission.

5.5.1 Financial Information

Submit the following information in this section of the Proposal:

• Annual audited financial reports (if not previously provided in the Proposer’s SOQ) for a) the Proposer (the most recent year), and b) any significant subcontractor(s) (the most recent year), prepared in accordance with Generally Accepted Accounting Principles (“GAAP”), and all relevant notes.

• The most recent Form 10-K and Form 10-Q filed with the Securities and Exchange Commission (“SEC”) (if not previously provided in the Proposer’s SOQ) by a) the Proposer and b) any Significant Subcontractor(s); or, if one or more of these parties are not regulated by the SEC, then the most recent quarterly financial report for each such party (if not previously provided in the Proposer’s SOQ). This quarterly financial report may be prepared internally, but must be approved and signed by an officer of the company.

• Any credit reports, credit bulletins, or other published statements by recognized rating agencies (Standard & Poor’s Rating Services, Moody’s Investor Services, Dun & Bradstreet,


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Fitch, and Value Line) that have been issued or published within the past five years for the a) Proposer, and b) significant subcontractor(s) (if not previously provided in the Proposer’s SOQ).

• Proposer’s history for the last five years related to obtaining performance bonds and/or payment bonds. Indicate any instances when Guarantor or Proposer was unable to obtain requested performance or payment bond.

• Any additional information of the Proposer and Guarantor that is believed to be appropriate in fully reflecting the financial strength of the Proposer or its Guarantor. For example, the prospectus or offering statement for the Guarantor’s or Proposer’s latest debt or equity offering can be provided.

5.5.2 Business and Contractual Terms

The Proposer shall indicate, on Business Proposal Form 10, its willingness to accept the terms of the Contract (including Appendices and Transaction Agreement Forms) as stated, or indicate specific provisions to which the Proposer takes exception and offer alternative contract language which the Proposer would accept in the form of a neatly hand-written mark-up or a “track-changes” electronic mark-up. In the event of a conflict between the Contract terms and other sections of the RFP, the Service Contract shall govern.

5.5.3 Additional Contract Security Requirements

5.5.3.1 Performance and Payment Bonds

The Company will be required to furnish the Performance Bond and the Payment Bond each in the form to be set forth as an attachment to the Contract, and each in an amount equal to 100% of the Fixed Two Step Sealed Bid Procurement Process Price. The City has requested the pricing of a dual obligee bond from the Company’s construction subcontractor on the Price Proposal Form 1 which it may elect to receive instead of a direct Performance Bond from the Company. Costs for bonding shall be included in the fee proposal.

The Performance Bond and the Payment Bond shall be issued by a surety company or companies having ratings of “A” or better per current A.M. Best Company ratings and listed in the United States Treasury Departments Circular 570. Such surety shall be properly registered and licensed to conduct business in the State.


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5.6 Proposal Volume V: Price Proposal and Proposal Security

A price proposal submitted in response to the City’s request shall fully conform with and satisfy the format and content requirements described herein, and set forth the Proposer's proposed Fixed Two Step Sealed Bid Procurement Process Price to perform the Contract Services. In evaluating the Price Proposal, the Evaluation Committee will apply the price evaluation criteria and evaluation method set forth in Section 4. Accordingly, Proposers are requested to include in their Price Proposals all information necessary to permit the Evaluation Committee to make an informed evaluation under the sub criterion and evaluation factors stated in Section 4.

5.6.1 Price Proposal Forms

All Price Proposal Forms shall be completed and a copy included in Volume V, Price Proposal. Proposers shall submit Price Proposal forms for the Base Proposal as well as any Alternate Proposals, as applicable.

5.6.1.1 Fixed Two Step Sealed Bid Procurement Process Price

The Proposer shall provide its proposed Fixed Two Step Sealed Bid Procurement Process Price for the performance of the Work by completing Price Proposal Form P-1.

5.6.1.2 Facility Procurement Process Schedule of Values

The Proposer shall complete the Schedule of Values and the Milestone Sequence on Price Proposal Form P-2 and P-3.

This should represent the total cost of all activities associated with the two step procurement process portion of the Service Contract, and will become the Schedule of Values. This Schedule of Values will become a part of the invoicing procedure, whereby the Company will be required to deliver, with the invoice, a monthly progress report, including the CPM Schedule and progress to date, and the Schedule of Values showing the amount expended.

The CPM Schedule shall, at a minimum, be a fully resourced and cost-loaded schedule with respect to design, equipment and material procurement, construction, describing all scheduled work, equipment, and materials. The Schedule shall include a detailed mobilization plan for the phases of work, including engineering, and construction. It shall indicate preparation of drawings and construction documents, submittals, and samples. It shall contain time for agency and government reviews. The Schedule shall include, equipment testing and commissioning, punch list, and cleanup. The Schedule shall indicate early start and finish, late start and finish, and float time for each activity.


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5.6.2 Proposal Security

Each Proposer shall provide a Proposal security in the form of a surety bond, in the amount of at least 10% of the total contract bid price payable to the City, upon submittal of its Proposal. Such Proposal Bond shall serve as a guaranty that the Proposer, if determined to be the most advantageous Proposal, shall negotiate and enter into the Service Contract with the City. The City will return the surety bond to each Proposer whose Proposal is not accepted, and to the Selected Proposer on the execution of the Service Contract. Noncompliance with the Proposal security requirements may result in the disqualification of the Proposer.

The Proposal Bond must be valid for a period of at least 365 days from the Submission Date. The form of the Proposal Bond which must be submitted is included in Business Proposal Form 3.

5.7 Submission Requirements

A Proposal submitted in response to this RFP must fully conform with and satisfy the submission requirements described herein. The Proposer shall provide all of the information requested in this RFP in a clear, concise and responsive manner.

5.7.1 Proposal Deadline and Submittal Format

All Proposals, including all attachments, must be received by the City in a sealed package no later than TBD PM, Pacific Standard Time on the date set forth in Section 3.2. Proposals received after this deadline will not be considered. Sealed Proposals shall be addressed and submitted to:

John Dettle Engineering Manager Public Works Department City of Torrance 20500 Madrona Avenue Torrance, CA 90503

Sealed Priced Bid shall be addressed and submitted to:

Public Works City of Torrance 20500 Madrona Avenue Torrance, CA 90509-2970


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The Proposal must be signed and acknowledged by the Proposer in accordance with the instructions herein. The Proposal shall be submitted in sealed, opaque envelopes or packages. The Proposal shall include the following information on the outside of the envelopes or boxes: 1) name of Proposer and 2) “Proposal for City of Torrance North Torrance Well Field Project”. Proposals will not be opened publicly. Each Proposal envelope or package shall show the Proposer’s complete name and address on the outer envelope. Proposals shall also be submitted to the City’s website.

The delivery of the Proposal to the City by the Proposal Submission Date is solely and strictly the responsibility of the Proposer. The City shall not, under any circumstances, be responsible for delays caused by the United States Postal Service or any private delivery service, or for delays caused by any other occurrence.

5.7.2 Proposal Submittal

One original and two (2) copies of the Proposal shall be submitted. All Proposals shall be complete, with all requested information, data and attachments. One copy of the Proposal documents must be clearly marked as the original and must contain the original signature forms and other original documents. The remaining copies of the Proposal may be reproductions. The City reserves the right to reproduce additional copies and request/require up to an additional ten (10) copies of the Proposal at the Proposer’s expense.

The Proposal shall be accompanied by submittal to the City’s website with all files in the current version of Microsoft® Word, Microsoft® Excel, or PDF format, as appropriate with Drawings presented in AutoCAD. The information provided on the website shall be arranged in the same manner as the hard copy of the Proposal. Proposers shall number each set of documents in sequential order on the upper right corner of each cover.

5.7.3 Completeness

Each of the instructions set forth in this Section 5 must be followed for a Proposal to be deemed responsive to this RFP. In all cases, the City reserves the right to determine, in its sole discretion, whether any aspect of the Proposal meets the submission requirements of this RFP. The City further reserves the right to reject any Proposal which, in its sole judgment, does not comply with these Proposal Requirements.


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6 Proposal Forms

6.1 Introduction

To be deemed responsive to this RFP, a completed set of Proposals Forms must be included in the appropriate volume of each Proposal, as specified in Section 5.1. Data from these forms will be used in the Proposal evaluation process and used, as appropriate, in the Service Contract.

The information contained in the Proposal Forms, including pricing, shall remain in effect for twelve months after the Proposal Submission Date. During such time, and presumably well before the expiration of the twelve-month period, the City anticipates executing the Contract.

6.1.1 Instructions for Completing the Proposal Forms

Each Proposer must fill out all of the forms completely. Proposers must use “N/A” to specify any items set forth in the Proposal Forms which are not applicable to a Proposer or to its technology. It should be noted, however, that the failure to fully complete all applicable Proposal Forms by incorrectly providing that certain Proposal Forms (or portions thereof) are not applicable to a Proposer or to its technology may result in a determination by the City that the Proposal is not responsive. To provide additional information, the Proposer should use separate sheets of paper following the Proposal Form format. To the extent the Proposal Forms submitted as part of a Proposer’s Proposal have been altered or modified compared to the way they appear in this RFP, the Proposer must indicate where the Proposal Form has been altered or modified and include a “blacklined” copy of such Proposal Form in the Proposal.

The Proposal Forms must be signed by the Designated Signatory. All Proposal Forms are to be completed in ink or by typewriter, and are to be submitted in the applicable Proposal Volume, as specified in Section 5.1.

The required Proposal Forms are outlined as follows:

Business Proposal Forms

Business Proposal Form 1: Proposal Transmittal Letter

Business Proposal Form 2: Certificate of Authorization

Business Proposal Form 3: Form of Proposal Bond

Business Proposal Form 4: Surety Letter of Intent - Construction Performance Bond


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Business Proposal Form 5: Participating Firms

Business Proposal Form 6: Certificate of Non-Collusion

Business Proposal Form 7: Disclaimer Statement

Business Proposal Form 8: Scheduled Construction and Acceptance Dates

Business Proposal Form 9: List of Subcontractors and Off-Job Fabricators

Business Proposal Form 10: Acceptance of the Terms of the Contract

Price Proposal Forms

Price Proposal Form P-1: Fixed Two-Step Sealed Bid Procurement Process Price

Price Proposal Form P-2: Schedule of Values

Price Proposal Form P-3: Milestone Sequence

6.2 Business Proposal Forms

The following paragraphs present an overview of each Business Proposal Form including the requirements the Proposer must adhere to in completing and including the Business Proposal Forms in the Proposal. All Business Proposal Forms, with the exception of the Proposal Transmittal Letter, shall be submitted as part of Volume IV, Business Proposal. The Proposal Transmittal Letter shall be submitted in Volume I, Executive Summary. The original of each form shall be submitted in the set of volumes labeled “Original”.

6.2.1 Proposal Transmittal Letter

The Proposer shall duplicate and complete the Proposal Transmittal Letter to warrant specified conditions, as indicated on Business Proposal Form 1. The original signed Proposal Transmittal Letter, provided on the official letterhead of the Proposer, shall be submitted in the Volume I, Executive Summary, and labeled as “Original”. The Transmittal Letter acknowledges, among other things, that the Proposer has completely reviewed and understands and agrees to be bound by the requirements of this RFP and has received all addenda. Such letter commits the Proposer, if selected, to carry out the provisions of the Proposal.

6.2.2 Certificate of Authorization


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Business Proposal Form 2 certifies that the identified corporate officer has the authority to sign the proposal forms.

6.2.3 Form of Proposal Bond

The Proposer shall complete Business Proposal Form 3 which provides that the Proposer will honor its Proposal and enter into good faith negotiations with the City if selected, and upon a failure to do so, the surety will furnish the full amount of the proposal bond.

6.2.4 Surety Letter of Intent – Construction Performance Bond

Business Proposal Form 4 shall be duplicated and provided on the official letterhead of the Proposer’s Surety Company. The Surety Letter of Intent acknowledges, among other things, that the Proposer’s Surety has reviewed and understands the requirements of this RFP and such letter evidences the intent of the Surety to issue a construction performance bond and a labor and materials payment bond as security for performance of the Proposer’s obligations under the Contract, with the City as obligee.

6.2.5 Participating Firms and Participating Firms Background Information

Proposers shall complete Business Proposal Form 5, which requires the Proposer to disclose all firms that will be significant participants in providing the services, and to supply additional information about each participating firm, respectively. Proposers should, at minimum, refer to the major Proposal team members, as identified in Section 5.3.1 of this RFP.

6.2.6 Certificate of Non-Collusion

Proposers shall complete Business Proposal Form 6, which acknowledges that the Proposal has been made and submitted in good faith and without collusion or fraud.

6.2.7 Disclaimer Statement

Proposers shall complete and submit Business Proposal Form 7, which releases the City from responsibility for the accuracy of information contained in this RFP except as otherwise set forth in this RFP.

6.2.8 Scheduled Construction and Acceptance Dates

The Company shall commence construction and achieve Acceptance by the dates proposed on Business Proposal Form 8. Failure to achieve Acceptance by such date, if not excused due to the


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occurrence of an Uncontrollable Circumstance, shall subject the Company to the payment of liquidated damages.

6.2.9 List of Subcontractors and Off-Job Fabricators

Proposers shall complete Business Proposal Form 9 and provide the names and the locations of the place of business of each Subcontractor who will perform construction work or labor or render service to the Company in or about the construction of the work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Company, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Contract Drawings and Specifications, in an amount in excess of five percent (5%) of the Fixed Construction Price.

6.2.10 Terms of the Service Contract

Proposers shall complete Business Proposal Form 10, which acknowledges, among other things, that the Proposer accepts the terms of the Draft Service Contract not modified by a written mark-up or track-changes mark-up reflecting the Proposer’s exceptions.

6.3 Price Proposal Forms

All Price Proposal Forms shall be completed and a copy included in each Volume V, Price Proposal. Proposers shall submit Price Proposal forms for the Base Proposal as well as any Alternate Proposals, as applicable.

6.3.1 Fixed Procurement Process Price and Schedule

The Proposer shall provide its proposed Fixed Two Step Sealed Bid Procurement Process Price for the performance of the Two Step Sealed Bid Procurement Process Work by completing Price Proposal Form P-1. The Fixed Two Step Sealed Bid Procurement Process Price shall be broken down between the Fixed Construction Price and the Fixed Development Price. Such fixed costs shall include all costs for obtaining permits, designing, constructing, start up, and acceptance testing. Costs for insurance and payment and performance bonds for construction activities shall also be included in such fixed costs.

6.3.2 Facility Procurement Process Schedule of Values

The Proposer shall complete the Schedule of Values on Price Proposal Form P-2 and the Milestone Schedule on Price Proposal Form P-3. Insert in these tables the associated percentage payments for corresponding work completed throughout the Project representing the percentage


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of the total Fixed Construction Price and Fixed Development Price, respectively. The Fixed Construction Price and Fixed Development Price percentages, as applicable, should be rounded to the nearest one-hundredth percent, adjusted to total 100%. The description of the work performed for the applicable percentage should be detailed enough to provide the Company with adequate progress payments.


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PROPOSAL FORMS


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BUSINESS PROPOSAL FORMS


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BUSINESS PROPOSAL FORM 1

PROPOSAL TRANSMITTAL LETTER

(To be typed on Proposer’s Letterhead)

John Dettle Engineering Manager Public Works Department City of Torrance 20500 Madrona Avenue Torrance, CA 90503 Dear Mr. Dettle: (The “Proposer”) hereby submits its proposal (the “Proposal”) in response to the Request for Proposals for Two Step Sealed Bid Procurement Process for upgrade of the North Torrance Well Field Project issued by the City of Torrance, California (the “City”).

As a duly authorized representative of the Proposer, I hereby certify, represent and warrant as follows in connection with the Proposal:

1. The Proposer acknowledges receipt of the City’s Request for Proposals for Two Step Sealed Bid Procurement Process of the Facility, and the following addenda:

No. Date

2. The submittal of the Proposal has been duly authorized by, and in all respects is binding upon, the Proposer. Business Proposal Form 2 is a Certificate of Authorization which evidences my authority to submit the Proposal and bind the Proposer.

3. Business Proposal Form 3 is a proposal bond submitted by as Surety for the Proposer assuring that the Proposer will conduct good faith negotiations with the City based on the RFP and the Proposal.

4. The construction performance bond issued on behalf of assuring that the design and construction of the North Torrance Well Field Project will be performed in


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accordance with the terms of the Service Contract, will be provided by , as evidenced by such Surety’s letter of intent submitted as Business Proposal Form 4.

5. All firms that will be significant participants in providing services under the Proposal (the “Participating Firms”) are identified in Business Proposal Form 5.

6. All information and statements contained in the Proposal are current, correct and complete, and are made with full knowledge that the City will rely on such information and statements in selecting the most advantageous Proposer and executing the Contract.

7. The Proposal has been prepared and is submitted in accordance with the Certificate of Non-Collusion submitted as Business Proposal Form 6.

8. The Proposer releases the City from responsibility for the accuracy of information contained in this RFP by submitting Business Proposal Form 7.

9. The Proposer has proposed the dates on which it shall commence construction and achieve Acceptance on Business Proposal Form 8. The Proposer acknowledges that failure to achieve Acceptance by such date, if not excused due to the occurrence of an Uncontrollable Circumstance, shall subject the Company to the payment of liquidated damages.

10. The Proposer acknowledges, among other things, that the Proposer accepts the terms of the Draft Contract not modified by a written mark-up or track-changes mark-up reflecting the Proposer’s exceptions by submitting Business Proposal Form 10.

11. If selected, the Proposer agrees to negotiate in good faith to enter into a Contract which reflects the substantive terms and conditions of the RFP and the Proposal.

12. The Proposer has reviewed all of the engagements and pending engagements of the Proposer, and no potential exists for any conflict of interest or unfair advantage.

13. No person or selling agency has been employed or retained to solicit the award of the Contract under an arrangement for a commission, percentage, brokerage or contingency fee or on any other success fee basis, except bona fide employees of the Proposer.

14. The individuals who will be the Proposer’s key technical and business negotiators are set forth below:


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Name Title Address Phone _______________ _______________ _________________________ _______________ _______________ _______________ _________________________ _______________ _______________ _______________ _________________________ _______________ _______________ _______________ _________________________ _______________

15. The contact person who will serve as the interface between the City and the Proposer is:

NAME: TITLE: ADDRESS: PHONE: FAX: E-MAIL:

16. The Proposer has executed and submitted on Business Proposal Form 9 a list of the names and the locations of the place of business of each subcontractor who will perform construction work or labor or render service to the Company in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the Company, specially fabricates and installs a portion of the work or improvement, in an amount in excess of five percent (5%) of the Company’s total Fixed Construction Price.

17. The Proposer has carefully examined all documents constituting the RFP and the addenda thereto and has made all necessary personal investigation and, being familiar with the work and the conditions affecting the work contemplated by the RFP and such addenda, offers to furnish all plant, labor, materials, supplies, equipment, facilities and services which are necessary, proper or incidental to carry out such work as required by and in strict accordance with the RFP and the Proposal, all for the price set forth in the Proposal Forms.

18. The Service Contract in the form issued with this RFP is agreed to, except where modifications have been made in the Proposal.

19. The Proposal is submitted pursuant to due authorization by, and is in all respects binding upon, the Proposer.

20. The Proposer is duly organized and validly existing in good standing and is duly qualified to transact business in each and every jurisdiction where such qualification is required to enable the Proposer to perform its obligations under the Service Contract. The Proposer and any and all of its subcontractors have not been suspended or debarred from contracting in


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the State of California, under Applicable Laws. The performance of all obligations of the Proposer set forth in the Proposal has been authorized by all required action of the Proposer, including any action required by any charter, by-laws, and/or partnership agreement, as the case may be, and any Applicable Laws which regulate the conduct of the Proposer’s affairs.

21. There is no action, suit or proceeding, at law or in equity, before or by any court or similar governmental body against the Proposer wherein an unfavorable decision, ruling or finding would materially adversely affect the performance by the Proposer of its obligations hereunder or the other transactions contemplated hereby, or which, in any way, would materially adversely affect the validity or enforceability of the obligations proposed to be undertaken by the Proposer, or any agreement or instrument entered into by the Proposer in connection with the transaction contemplated hereby.

22. No corporation, partnership, individual or association, officer, director, employee, manager, parent, subsidiary, affiliate or principal shareholder of the Proposer has been adjudicated to be in violation of any state or federal environmental law, or charged with or convicted of bribery, fraud, collusion, or any violation of any state or federal anti-trust or similar statute within the preceding five years, or previously adjudged in contempt of any court order enforcing such laws.

23. I certify that the Proposer, to my best knowledge and belief, has filed all California state tax returns and paid all California state taxes and all Los Angeles County taxes required by law.

______________________________ Name of Proposer

______________________________ Name of Designated Signatory

______________________________ Signature

______________________________ Title


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______________________________ (Notary Public)

State of

County of

On this ___________ day of _______________, 20__, before me appeared _______________, personally known to me to be the person described in and who executed this __________________ and acknowledged that she/he signed the same freely and voluntarily for the uses and purposes therein described.

In witness thereof, I have hereunto set my hand and affixed my official seal the day and year last written above.

______________________________ Notary Public in and for the state of _________________

(seal)

________________________________________________ (Name Printed)

Residing at _____________________________________ My commission expires ___________________________


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CERTIFICATE OF AUTHORIZATION*

I, ______________________, a Resident of _________________________ in the State of ____________________________, DO HEREBY CERTIFY: that I am the Clerk/Secretary of ___________________________________________ a [Corporation] duly organized and existing under and by virtue of the laws of the State of ______________________; that I have custody of the records of such Corporation; and that as of the date of this certification _______________________________ is an _____________________________________ **(Officer) **(Title)

authorized to execute and deliver in the name and on behalf of the CORPORATION all documents, letters, certificates and other instruments which have been executed by such Officer on behalf of the Corporation in connection with the Corporation’s Proposal delivered in response to the City’s Request for Proposals for Two Step Sealed Bid Procurement Process of the North Torrance Well Field Project.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Corporate Seal of such Corporation this ____ day of _______________________ 20__. (Affix Seal Here)

***_________________________________ Clerk/Secretary

*Separate certifications shall be submitted if more than one corporate officer has executed documents as part of the Proposal.

**This must be the name of the person authorized in your by-laws to sign contracts.

***Since an officer cannot self-certify, this must be signed by someone other than the person signing the contract.


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FORM OF PROPOSAL BOND

KNOW ALL MEN BY THESE PRESENT, that we [NAME OF PROPOSER], as Principal (hereinafter the “Proposer”) and [NAME OF SURETY], a [Corporation], [Partnership] duly organized under the laws of the State of __________________, as Surety, are held and firmly bound unto the City of Torrance, California (the “City”), as Obligee, in the sum of at least 10% of the total contract bid price lawful money of the United States of America to be paid to the City, its successors or assigns, for which payment, well and truly to be made, we bind ourselves, our successors and assigns, jointly and severally, firmly by these present; and

WHEREAS, the above-named Proposer has submitted or is about to submit to the City a Proposal to enter into an agreement to design, construct, and start-up a water production facility (the “Facility”); cause the Facility to meet certain Performance Guarantees and to comply with all applicable permits, licenses, approvals and other Applicable Law; and perform the other related and ancillary responsibilities set forth in the City’s Request for Proposals for Two Step Sealed Bid Procurement Process for the North Torrance Well Field Project, dated ___________, 2012 (the “RFP”), issued by the City and covered by the Proposal submitted by the Proposer in response thereto, which Proposal is made a part hereof.

NOW, THEREFORE, the Surety hereby understands that if the above-referenced Proposer is selected by the City as the most advantageous Proposer, then the Proposer will negotiate in good faith to enter into the Contract based on its Proposal and, following such negotiations, will enter into the Contract as negotiated and the Guarantor (as set forth in the Proposal) will enter into the Guaranty of the Service Contract within the time specified in the RFP, or any extension thereof agreed to in writing by the City. The Surety hereby agrees that if the Proposer shall fail to do so, Surety will pay to the City, as liquidated damages, the full amount of this Bond within 30 calendar days after receipt by the Proposer and the Surety of written notice of such failure from the City, which notice shall be given with reasonable promptness, identifying this Bond and including a statement of the amount due. Upon execution of the Service Contract and delivery of the Guaranty, this Bond shall thereafter become null and void, otherwise to remain in full force and effect unless terminated as hereinafter provided.

It is agreed that this Bond shall become effective on the date the Proposal is submitted and will continue in full force and effect for three hundred sixty five (365) days from such date of submittal or until terminated as hereinafter provided.


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If the Proposal is not accepted within such 365-day time period, or any extension thereof agreed to in writing by the City, then after written notice by the City of such non-acceptance, this Bond may be terminated by the Surety or Proposer upon written notice to each other and to the City by registered mail at least 10 days prior to the termination date specified in such notice. Upon the giving of such notice, Surety shall be discharged from all liability under this Bond for any act or omission of the Proposer occurring after the date of the notice of non-acceptance.

Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of California acting in Los Angeles County.

All capitalized terms used herein and not otherwise defined shall have the meaning set forth in the RFP.

IN WITNESS WHEREOF, Surety and Proposer, intending to be legally bound hereby, do each cause this Proposal Bond to be duly executed on its behalf by its authorized officers, agents or representatives.

Signed and sealed this ________ day of ______________________, 20__.

SURETY PROPOSER [NAME OF SURETY] [NAME OF PROPOSER]

_____________________________ _____________________________ Name Name

_____________________________ _____________________________ Name of Authorized Signatory Name of Designated Signatory

_____________________________ _____________________________ Signature Signature

_____________________________ _____________________________ Title Title


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SURETY LETTER OF INTENT CONSTRUCTION PERFORMANCE BOND

(to be typed on Surety’s Letterhead)

John Dettle Engineering Manager Public Works Department City of Torrance 20500 Madrona Avenue Torrance, CA 90503 Dear Mr. Dettle:

(the “Proposer”) has submitted herewith a Proposal in response to the City of Torrance, California’s (the “City”) Request for Proposals for Design/Build-Operate of the North Torrance Well Field Project (the “RFP”). The RFP requires the Selected Proposer to enter into an agreement to design, construct, and start-up(the “Contract Services”) a water production facility (the “Facility”); cause the Facility to meet certain Performance Guarantees and to comply with all applicable permits, licenses, approvals and other Applicable Law; and perform the other related and ancillary responsibilities set forth in the RFP.

The Surety has reviewed the Proposer’s Proposal which will form the basis of the Service Contract. The Surety hereby certifies that, subject to its review of the final terms and conditions of the Contract, it intends to issue on behalf of the Proposer, as security for performance under the Contract, a performance bond and a labor and materials payment bond for the benefit of the Proposer, with the City as beneficiary, in the event the Proposer is selected for final negotiations and execution of the Service Contract.

___________________________________ Name of Surety

___________________________________ Name of Authorized Signatory

___________________________________ Signature

___________________________________ Title


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PARTICIPATING FIRMS

All firms that will be significant participants in providing the services set forth in the RFP (the “Participating Firms) are identified below. Such firms shall include, as applicable, (1) the Proposer, (2) the Guarantor, (3) the new entity, if any, to be formed for the sole purpose of executing and performing the Contract, (4) the firm that will design the Facility, (5) the firm that will construct the Facility, and (6) any other significant participant in the transaction.

(1) __________________________________________________ (2) __________________________________________________ (3) __________________________________________________ (4) __________________________________________________ (5) __________________________________________________ (6) __________________________________________________ (7) __________________________________________________ (8) __________________________________________________ (9) __________________________________________________

Included are summaries of the services and responsibilities of each Participating Firm, limited to one page or less in length for each firm.

_____________________________________

Name of Proposer _____________________________________ Name of Designated Signatory _____________________________________ Signature _____________________________________ Title


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CERTIFICATE OF NON-COLLUSION

By submission of this Proposal, each Proposer and each person signing this Proposal Form on behalf of any Proposer certifies, and in the case of a joint Proposal, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief:

(1) The prices in this Proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Proposer or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this Proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to opening, directly or indirectly, to any other Proposer or to any competitor; and

(3) No attempt has been made or will be made by the Proposer to induce any other person, partnership or corporation to submit or not to submit a Proposal for the purpose of restricting competition. I, hereby affirm under the penalties of perjury that the foregoing statement is true.

______________________________ Name of Proposer

______________________________ Name of Authorized Signatory

______________________________ Signature

______________________________

Title

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DISCLAIMER STATEMENT

The information contained in the City of Torrance, California’s (the “City”) Request for Proposals for a two-step sealed bid procurement of the North Torrance Well Field Project has been prepared by the City and while such information is believed to be accurate and reliable, except as expressly set forth otherwise, the City makes no representation as to such accuracy or reliability. In no way shall any such information constitute a representation or warranty by the City or any of its officials, employees, agents, consultants, attorneys, representatives, contractors, and subcontractors (the “City Representatives”). The Proposer hereby releases and forever discharges the City and the City Representatives from any and all claims which such Proposer has, had or may hereafter have arising out of any information contained in this RFP except with respect to geotechnical raw data, and survey information, and Phase I Environmental Site Assessments raw data which the City has expressly taken responsibility for. Any party who intends to submit a response to this RFP is specifically invited to independently verify the accuracy of the information contained herein.

______________________________ Name of Proposer

______________________________ Name of Authorized Signatory

______________________________ Signature

______________________________ Title


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BUSINESS PROPOSAL FORM 8 SCHEDULED CONSTRUCTION AND ACCEPTANCE DATE

Scheduled Construction Date

The Proposer guarantees that the period of time between the Contract Date and the date on which all of its conditions for the commencement of construction will have been met is ____ days.

The foregoing schedule may be extended only due to Uncontrollable Circumstances, City-requested change orders, and City Fault, to the extent set forth in this RFP (as expressly modified by the Proposal). Name of Proposer Name of Authorized Signatory Signature Title


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LIST OF SUBCONTRACTORS AND OFF-JOB FABRICATORS

LIST OF SUBCONTRACTORS AND OFF-JOB FABRICATORS 1. Business Name of Subcontractor Business Address Or Off-Job Fabricator City State Zip Phone No. List Items of Work or Description of Work 2. Business Name of Subcontractor Business Address Or Off-Job Fabricator City State Zip Phone No. List Items of Work or Description of Work 3. Business Name of Subcontractor Business Address Or Off-Job Fabricator City State Zip Phone No. List Items of Work or Description of Work


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(a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the Company in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the Company, specially fabricates and installs a portion of the work or improvement, in an amount in excess of five percent (5%) of the Company’s total Fixed Construction Price.


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TERMS OF THE CONTRACT

The Contract to be entered into between the Selected Proposer and the City of Torrance will be the

definitive statement of the responsibilities of the Selected Proposer for performing the Contract. The

Proposer agrees to all of the terms of the Contract not taken exception to in the mark-up attached

hereto. The Proposer has provided a handwritten mark-up or a “track-changes” electronic mark-up

of any exceptions or additions to the Contract.

1. Name of Proposer

2. Name of Authorized Signatory

3. Signature

4. Title


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PRICE PROPOSAL FORMS


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PRICE PROPOSAL FORM P-1 FIXED TWO STEP SEALED BID PROCUREMENT PROCESS PRICE

SUMMARY OF FIXED TWO-STEP SEALED BID PROCUREMENT PROCESS PRICE

COST

Fixed Development Price (period from Contract Date to Commencement of Construction), plus any additional design, engineering, and permitting following Commencement of Construction)

Permitting Activities $ Engineering and Design for well related items $ Final Geotechnical Report $ Project Management / Grant Invoices $ Engineering and Design for non-well related items $ Corrosion Control Study $ Site and SCE Right-of-Way Surveys $ 3 MG tank submittal for DDW $ Fixed Construction Price Site Work: Clear and Grub Project Site $ Remove Existing Chain Link Fencing $ Masonry Walls $

Miscellaneous Yard Piping $ Chain Link Fencing and Gates and Security System $ Site Grading and Paving Parking Lot Modifications and Site Restoration (Landscaping) $

Other (Specify) _______________________________ $ Other (Specify) _______________________________ $ Other (Specify) _______________________________ $ Other (Specify) _______________________________ $ Other (Specify) ______________________________ $

Subtotal $

Facility and Process:

RFP VOLUME I

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Prestressed Concrete Reservoir $ Demolition/restoration of McMaster Park Facilities $ Drilling of Well No. 10 $_________ Complete Well No. 10 Construction $ Well No. 10 Building $ Well No. 10 Wellhead Facilities $ Well No. 10 Electrical and Instrumentation $ Drilling of Well No. 11 $_________ Complete Well No. 11 Construction $_________ Well No. 11 Building $_________ Well No. 11 Wellhead Facilities $_________ Well No. 11 Electrical and Instrumentation $_________ Utility Building $ Engine Generator Unit and Fuel Tank $ Utility Building Electrical $ Utility Building Instrumentation $ Chemical Storage and Feed Equipment $ Booster Pumps $ Restroom $ Laboratory $ Utility Building HVAC $ Spare Parts $ Pre-fab Building for Portable Generators $ Other (Specify) $ Other (Specify) $ Other (Specify) $ Other (Specify) ______________________________ $

Subtotal $

Fiber Optic Cable/Conduit $ Other (Specify) ______________________________ $ Other (Specify) ______________________________ $ Other (Specify) ______________________________ $ Other (Specify) ______________________________ $

Subtotal $ Start-up & Acceptance Testing Start-up Activities $

Acceptance Testing Activities $

RFP VOLUME I

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Operation and Maintenance (3 months) $___________ Subtotal $

Other Direct & Indirect Costs O&M Manuals $ Mobilization (not to exceed 2% of the Fixed D/B Price) $ Demobilization (25% of the Mobilization Price) $ Material Testing

Concrete $ Soils $ Other $

Administrative Shop Drawings $ Record Documents $ Other $

Inspections and Reports $___________ Factory Testing

Instrumentation and Controls $ Major Equipment $

Insurance (During Construction) Builder’s Risk Coverage $____________ Property Damage Insurance $____________ All other Two-Step Sealed Bid Procurement Process Period Insurance $____________ Performance Bond (direct from Company) $ Performance Bond (Dual Obligee Bond) $ Other (Specify) Engineering services during construction $ Other (Specify) Survey services during construction $ Other (Specify) Geotechnical services during construction $

Other (Specify) Record drawings $ Other (Specify) _______________________________ $

Subtotal $

FIXED TWO STEP SEALED BID PROCUREMENT PROCESS PRICE Optional Price Adjustments: Other (Specify) _______________________________ $

Other (Specify) _______________________________ $ Other (Specify) _______________________________ $ Other (Specify) _______________________________ $ Other (Specify) _______________________________ $

RFP VOLUME I

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PRICE PROPOSAL FORM P-2

SCHEDULE OF VALUES (for Payment of Fixed Construction Price)

Description of Work

Percent of Fixed Construction Price payable

upon achievement of percent complete

All Spare Parts on Site 1.0% (min) O&M Manual Compete 0.5% (min) As-Built Drawings Complete 0.5% (min) Final Acceptance 5.00% (min) Total 100.00% Note: Use as many sheets as necessary.

RFP VOLUME I

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PRICE PROPOSAL FORM P-3

MILESTONE SEQUENCE (for Payment of Fixed Development Price)

Description of Milestone Percent of Fixed

Development Price Total 100.00% Note: Use as many sheets as necessary.

RFP VOLUME I

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SCHEDULES

RFP VOLUME I

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SCHEDULE A

DEFINITION OF TERMS

The following terms that are used herein shall have the meanings as set forth in this Section

unless otherwise defined.

“Act” means Title 1, Division 6, Chapter 14 of the California Government Code (Section

5956 et seq.), as amended, supplemented, superseded and replaced from time to time.

“Company” means the Selected Respondent or another entity used or created by the

Selected Respondent, with which the District enters into the Design-Build Contract. The term

Company refers to the entity executing the Design Build Contract with the City of Torrance,

whether such entity is the Proposer or another entity used or created by the Proposer to provide

such services.

“Contract” or “D-B Contract” means the contract between the City of Torrance and the

Company for the design-build of North Torrance Wellfield Project.

“Contract Services” means all of the Company’s obligations under the Design-

Build Contract including, but not limited to, the design, permitting, construction, start-up and

acceptance testing of the Facility.

“Minimum Qualifications Criteria” mean the minimum technical and financial

qualifications of the Respondents which will be used in evaluation as set forth in the RFQ.

“Participating Entities” mean the entities involved in performing major roles in the

Design-Build Contract Services.

“Proposal” means a document submitted for evaluation in response to this RFP.

“Proposer”, as used in this RFP, refers to the principal business entity sponsoring the

submittal of a Proposal in response to this RFP.

“Qualified Surety Company” means a surety company (1) having a rating of “A” in the

latest revision of the A.M. Best Company’s Insurance Report; (2) be listed in the United States

RFP VOLUME I

SCH-2 474947.8 027385 DOC

Treasury Department’s Circular 570, Companies Holding Certificates of Authority as Acceptable

Sureties on Federal Bonds and as Acceptable Reinsurance Companies; and (3) which is an

admitted surety insurer pursuant to Section 12070 et seq. of the California Insurance Coalition.

Under the Design-Build Contract, the Qualified Surety Company will be subject to the approval

of the City of Torrance, which shall not be unreasonably withheld.

“Respondent”, for purposes of this RFQ, means the private entity that responds to this

RFQ. “Respondent”, for purposes of the RFP, means the private entity that submits a Proposal

in response to the RFP.

“RFP” or “Request for Design-Build Proposal” means the document prepared by the City

of Torrance requesting proposals from short-listed DB teams for the Design-Build of the North

Torrance Wellfield Project.

“RFQ” or “Request for Qualifications” means the document prepared by the City of

Torrance, requesting statements of qualifications from respondents wishing to propose on the

North Torrance Wellfield Project.

“SOQ” means a Statement of Qualifications submitted in response to this RFQ.

“Selected Respondent” means any Respondent submitting a response to the RFQ and

which is determined by the City of Torrance to be both qualified and responsive, in accordance

with the terms and conditions of the RFQ and is short-listed by the City.

“Selected Proposer” means the Respondent with which the City intends to contract for

the Project.

“Technical Review Panel” means the committee selected by the City that will review,

evaluate, and rank the proposals and provide a recommendation to the City regarding selection.

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