El Paso Water – Public Service Board RFP 19-20 · El Paso Water – Public Service Board . Request for Proposals . RFP 19-20 . February 18, 2020 . To: Shortlisted CMAR Firms from

El Paso Water – Public Service Board

Request for Proposals

RFP 19-20 February 18, 2020 To: Shortlisted CMAR Firms from RFQ 114-19 Re: Request for Proposals to Provide Construction Manager At-Risk Services for the Roberto R. Bustamante Wastewater Treatment Plant Headworks Improvements El Paso Water (EPWater) is pleased to request proposals for this two-stage procurement to provide Construction Manager At-Risk (CMAR) services for the Roberto R. Bustamante Wastewater Treatment Plant Headworks Improvements project. Please find attached the following document: RFP 19-20. The due date for Proposals is March 17, 2020 at 3:00 PM (MST). Please submit your Proposal at the following address:

El Paso Water - Public Service Board 1154 Hawkins Boulevard El Paso, Texas 79925 Attention: Rosemary Guevara, Sr. Purchasing Agent

Please submit the Proposal in sealed envelope to Ms. Rosemary Guevara. Do not submit to the ground floor lobby front (security) desk.

Request for Proposals to Provide Construction Manager At-Risk Services

for the Roberto R. Bustamante Wastewater Treatment

Plant Headworks Improvements RFP 19-20

i REQUEST FOR PROPOSALS

Contents Section 1. Background..............................................................................................................................................1

1.1 Introduction .....................................................................................................................................................1

1.2 RFP Organization ............................................................................................................................................2

1.3 Owner’s Objectives .........................................................................................................................................3

Section 2. Project Overview .....................................................................................................................................4

2.1 Project Scope ...................................................................................................................................................4

2.2 Project Budget and Funding ............................................................................................................................7

2.3 Project Schedule ..............................................................................................................................................7

Section 3. CMAR Services .......................................................................................................................................8

3.1 General ............................................................................................................................................................8

3.1.1 Preconstruction-phase services ..................................................................................................................8

3.1.2 Construction-phase services ......................................................................................................................8

3.2 Roles and Responsibilities ...............................................................................................................................9

Section 4. Procurement Process ............................................................................................................................11

4.1 Acknowledgement of RFP and Proposer Representative ..............................................................................11

4.2 Communications with Owner Contact ..........................................................................................................11

4.3 Procurement Schedule ...................................................................................................................................12

4.4 Pre-Proposal Meeting and Site Tour .............................................................................................................12

Section 5. Proposal Submission Requirements ....................................................................................................13

5.1 Submittal Place and Deadline ........................................................................................................................13

5.2 Submission Format ........................................................................................................................................13

5.3 Submission Content .......................................................................................................................................13

5.3.1 Transmittal Letter ....................................................................................................................................14

5.3.2 Part 1 – Executive Summary ...................................................................................................................14

5.3.3 Part 2 – Project Approach ........................................................................................................................14

5.3.4 Part 3 – CMAR Contract Markup ............................................................................................................15

5.3.5 Part 4 – Cost Proposal .............................................................................................................................16

5.3.6 Part 5 – Updated SOQ .............................................................................................................................16

Section 6. Proposal Evaluation and Selection ......................................................................................................17

6.1 General ..........................................................................................................................................................17

REQUEST FOR PROPOSALS ii

6.2 Responsiveness ..............................................................................................................................................17

6.3 Proposal Evaluation Criteria ..........................................................................................................................17

6.4 Interviews ......................................................................................................................................................18

6.5 Scoring and Selection ....................................................................................................................................18

Section 7. Conditions for Proposers ......................................................................................................................19

7.1 Owner Authority ............................................................................................................................................19

7.2 Ineligible Firms and Individuals ....................................................................................................................19

7.3 Conflict of Interest .........................................................................................................................................19

7.4 Proprietary Information .................................................................................................................................20

7.5 Rights of the Owner .......................................................................................................................................21

7.6 Obligation to Keep Project Team Intact ........................................................................................................21

7.7 Addenda .........................................................................................................................................................22

7.8 Protests ..........................................................................................................................................................22

Attachment A Definition of Terms........................................................................................................................23

Attachment B Scope of CMAR Services...............................................................................................................24

Attachment C Draft CMAR Contract ..................................................................................................................28

Attachment D Reference Documents ....................................................................................................................29

Attachment E Cost Proposal Forms .....................................................................................................................30

1 REQUEST FOR PROPOSALS

Request for Proposals Section 1. Background

1.1 Introduction

This request for proposals (RFP) for the ROBERTO R. BUSTAMANTE WASTEWATER TREATMENT PLANT HEADWORKS IMPROVEMENTS (Project) invites Proposals according to the requirements set forth in this RFP, including the format and content guidelines in Section 5. The Proposals will be reviewed and evaluated using a best-value selection process described in Section 6. At completion of the evaluation process, El Paso Water (EPWater) (Owner) will select a Proposer to award, or enter into negotiations for award of, the CMAR Contract [See Attachment C (Draft CMAR Contract)]. The capitalized terms in this RFP have the meanings as first used in the text of this RFP and/or as defined in Attachment A (Definition of Terms). The Project is to be designed and constructed in two phases using the construction management at-risk (CMAR) delivery method. • Preconstruction phase: CMAR Firm will provide preconstruction services (as described in Attachment B,

Scope of CMAR Services) to support the EPWater’s chosen Design Engineer in developing the design. During this phase, the design engineer will advance the design to the level of completion necessary to define the project and will provide construction-ready documents prior to the initiation of the construction-phase services. When the engineering firm’s design reaches 90% completion, the CMAR Firm will present a construction schedule and an open-book guaranteed maximum price (GMP) proposal to EPWater in accordance with the CMAR contract, which includes the cost of the work through commissioning and start-up, general conditions pricing, construction fee as a % mark up, and a negotiated contractor contingency.

When EPWater and CMAR Firm have agreed on the construction price, the construction-phase services are authorized and initiated. If EPWater and the CMAR Firm are unable to agree on a price for construction-phase services, EPWater reserves the right to terminate the existing CMAR Contract and begin negotiations with another CMAR firm, or direct the Design Engineer to complete the design and prepare construction documents for public bidding of the Project.

• Construction phase: If EPWater and CMAR firm agree on a price for construction-phase services, the CMAR Firm will procure all subcontractors and vendors, and will be responsible for the Project’s construction, startup, commissioning, operator training, performance testing, and warranty services as agreed to in the CMAR Contract.


This RFP is subject to revision after the date of issuance via written addenda. Any such addenda will be announced on EPWater’s web site located at:

https://www.epwater.org/business_center/purchasing_overview/bids/construction.

Proposers shall register on the EPWater website and monitor it for announcement of addenda. It is each Proposer’s responsibility to obtain all RFP addenda prior to submitting its proposal.

Proposers will be bound to all direct or inferred obligations made in their Proposal for a period of 180 days after the proposal submission date. In no event will EPWater be liable for any costs incurred by any Proposer or any other party in developing or submitting a Proposal.

1.2 RFP Organization

This RFP consists of seven Sections and five Attachments: • Section 1: Background • Section 2: Project Overview • Section 3: CMAR Services • Section 4: Procurement Process • Section 5: Proposal Submission Requirements • Section 6: Proposal Evaluation and Selection • Section 7: Conditions for Proposers • Attachment A: Definition of Terms • Attachment B: Scope of CMAR Services • Attachment C: Draft CMAR Contract • Attachment D: Reference Documents • Attachment E: Cost Proposal Forms

The contents of the RFP Attachments take priority over any conflicting statements in the RFP Sections. Certain project design documents are being made available as Attachment D (Reference Documents) for the purpose of preparing Proposals. The Owner is providing these documents only for the purpose of obtaining Proposals for the Project and does not confer a license or grant for any other use. The extent to which the CMAR Firm may rely on such background and design documents is set forth in Attachment C (Draft CMAR Contract).

https://www.epwater.org/business_center/purchasing_overview/bids/construction


1.3 Owner’s Objectives

EPWater’s objectives for delivery of the Project are as follows: • Quality: Provide facilities as designed and equipment that is specified that will be sustainable and will

reliably meet the preliminary project technical requirements set forth in Attachment D (Reference Documents).

• Cost: Minimize life-cycle cost. • Schedule: Achieve the scheduled completion date of March 2024 for design, construction, performance

testing, final completion, and turnover of the Project. • Risk: Achieve an optimal balance of risk allocation between EPWater and the CMAR Firm. • Safety: Implement a project safety program complying with EPWater, federal, state, and local

regulatory requirements as well as the selected CMAR company requirements. • Maintenance of Plant Operations: Ensure there are no unplanned plant interruptions. • Operations Input: Provide a forum for O&M input into design development and construction

planning. • Qualifications Based Selection of the CMAR: Select the firm best qualified to perform this project. • Construction Input into Design: Provide for regular constructability and value analysis throughout

the design phase. • Minority Participation in the Project: EPWater’s policy for its projects is to encourage the

participation of Small Locally-Owned Businesses (SLBE), Minority Business Enterprises (MBE), and Women-Owned Business Enterprises (WBE). The utility's minimum goals for this project are:

o 20% FOR SMALL LOCALLY- OWNED BUSINESSES o 7% FOR MINORITY-OWNED BUSINESSES o 5% FOR WOMEN-OWNED BUSINESSES

Having chosen CMAR delivery for this Project, EPWater expects the CMAR Firm to collaborate closely with EPWater and its Design Engineer during the preconstruction phase to develop a design that achieves EPWater’s objectives at a mutually agreeable GMP for delivery of the Project. EPWater also expects the CMAR Firm to construct the project, as designed, within the agreed-on price and schedule, through start-up and commissioning. As set forth in Attachment D (Reference Documents), EPWater has certain technical requirements and standards that will apply to the Project’s design. These are provided to give Proposers a better understanding of the Project and the work to be performed.


Section 2. Project Overview

2.1 Project Scope

EPWater owns and operates the Roberto R. Bustamante Wastewater Treatment Plant (RBWWTP) located in El Paso, Texas. EPWater plans to improve and expand the existing headworks facility at the RBWWTP to accommodate growth within the plant's service area. The RBWWTP was originally constructed in 1988 and the headworks facilities were later modified in 2004. The improved headworks facility must address operational issues that currently exist at the plant and account for the anticipated overall expansion of the plant. The headworks facility consists of the influent pump station, screening facilities, grit facilities and associated headworks odor control systems and headworks electrical building.

The RBWWTP has a permitted annual average design flow (AADF) of 39 mgd. The current AADF of the RBWWTP is 29 mgd. It is anticipated that the RBWWTP will be expanded to accommodate an AADF of at least 51 mgd. The existing peaking factor for the plant is 1.3 mgd but it is expected that the peaking factor could be increased to 2.1. The RBWWTP headworks facility will be designed to accommodate an influent peak flow of 125 mgd or 130 mgd including return flows.

When originally constructed the RBWWTP included an influent pump station (IPS) that consisted of eight submersible pumps in a wet well which will be referred to as IPS #1. In 2001, a second IPS was constructed which will be referred to as IPS #2. IPS #2 consequently became the IPS at RBWWTP and IPS #1 was modified to serve as a return flows pump station and a septage receiving station.

The existing screening facility consists of five screen channels. Screens are installed in four of the channels. The fifth channel was meant for the installation of an additional screen in the future. Screenings are transported via a shaftless screw conveyor to a screenings compactor and then discharged into the screenings hopper.

When placed into service in 1988, the original RBWWTP had three grit chambers, two small grit pump rooms, and three pre-aeration basins. The grit facilities and pre-aeration basins were modified in 2004. These modifications included abandoning the three original grit chambers and two pump rooms. Pre-aeration basin #1 was abandoned in-place with all mechanical and electrical equipment removed. Pre-aeration basin #2 was converted into the current grit pump room and pre-aeration basin #3 was converted into the current grit chamber.

The existing grit chamber is a rectangular aerated horizontal flow grit chamber. The flow enters through an influent box on the east side of the chamber and is directed down and into the chamber. The flow then goes across the chamber in a cyclical manner depositing grit and flowing out the top of the opposite side of the chamber and into the effluent channel. The chamber consists of five separate hoppers with grit pumps. The floor is sloped towards the hoppers to assist in grit movement to the pump suction pipe.


The grit removed by the pumps is sent to the grit dewatering room. This room is located above the abandoned grit and pump room. There are currently three grit classifiers (WEMCO Hydrogritters) in use, two of which appear to be recently coated. The grit is dewatered and discharged to roll off dumpsters via a grit hopper.

Existing odor control facilities for the headworks facility consist of two twelve-foot diameter wet mist chemical scrubbers manufactured by Calvert Environmental and installed in 1990. Both scrubbers pull air from a common foul air plenum, which is connected to the IPS #2, screening facility, grit facilities and return flow pump station. At the Lower Valley Metering Station a supply and exhaust fan send air to a carbon adsorber. At the junction box adjacent to the metering station a new 8,000 cfm biotrickling filter has recently been installed.

The project scope consists of the following:

• A new dual wet well influent pump station with associated connections to existing system to replace the existing influent pump station (IPS #2) with the following characteristics:

o Firm capacity = 130 mgd o Dual wet well design o Mezzanine above wet well o Pump Stations must be able to handle peak dry weather flows of 80 mgd with one wet well out

of service. o 6 (5+1) new 26.7 mgd pumps = 133.5 mgd firm capacity pump station. o 350-400 horsepower pump motors.


o Dry pit, single vertical shaft pumps with motor on intermediate floor. o 27 feet of static head.

• Rehabilitation and expansion of the existing screening facility to include: o Total screening capacity = 130 mgd with one screen out of service. o 7 multi-rake screens with a staggered configuration:

4 at 20 mgd each at the existing 4-foot wide channels 3 at 27 mgd each at the new 5-foot wide channels 3/8-inch bar spacing 75 degree screen angle from horizontal.

o Bypass channel - no screen or manual bar rack. o Dual shaftless screw screening conveyors. o 2 shafted auger compactors with a minimum capacity of 110 cubic feet per hour each. o Reuse the existing screenings storage hopper.

• Rehabilitation and expansion of grit facility: o Grit pumps:

10 duty pumps + 2 uninstalled spare pumps Type: centrifugal with fully recessed cup-type impeller 300 gpm, 25 horsepower each

o Coarse bubble (SST tubes with 1/2-inch perforations) grit basin diffusers o 3 Grit dewatering units:

Type: cyclone/classifier 2 duty + 1 standby Maximum solids loading capacity: 4 dry ton per hour (each) Hydraulic capacity: 94 gpm each. Cyclones:

• 6 (2 per classifier) • Size: 15-inch • Underflow: 28 gpm each • Hydraulic capacity: 600 gpm each • Inlet pressure at 600 gpm: 23.1 feet each.

o 3 (2+1) rotary lobe positive displacement blowers, 1,300 cfm each • New odor control system for headworks components as well as the Lower Valley Metering Station. • New electrical building for headworks to re-power existing headworks loads and provide power for

new loads. • Yard piping and related appurtenances for headworks rehabilitation and expansion • Demolition of existing IPS #1 (return flows pump station), septic receiving station, existing headworks

odor control system, abandoned degrit basin #1, abandoned grit pump room #1, and headworks electrical building and decommissioning of IPS #2.

The Project scope, design standards, and performance requirements are described in more detail in Attachment D (Reference Documents).


2.2 Project Budget and Funding

The total cost for preconstruction and construction services is currently budgeted at $80 million. This figure does not include EPWater’s other Project costs, such as design services, professional advisory services, property or access rights, site investigations, environmental studies, certain governmental approvals, taxes, etc.

2.3 Project Schedule

As indicated in Section 4, it is anticipated that the CMAR Preconstruction Contract notice to proceed award will be approved by the El Paso Water Utilities – Public Service Board on or about June 10, 2020. It is anticipated that the development of the 60% design will begin on or about April 2020. The 60% design deliverable is anticipated to be completed in October 2020. The 90% design deliverable is anticipated to be completed in April 2021. Final design completion is anticipated in June 2021. The preconstruction, construction, and performance testing of the completed Project are expected to be completed no later than March 2024.


Section 3. CMAR Services

3.1 General

As noted in Section 1 and more fully described in Attachment B (Scope of CMAR Services), the CMAR Firm will provide services in two distinct phases.

Preconstruction-phase services generally consist of participating in the review of the Project design and providing suggestions and recommendations based on experience, culminating in the negotiation of a GMP for project construction. Construction-phase services generally encompass input to the Project’s final design, construction, management, and performance testing. Permitting activities are included in each phase.

3.1.1 Preconstruction-phase services

• Provide overall project and construction management personnel necessary to meet the CMAR's obligations.

• Implement and maintain a ProCore account to track preconstruction phase documents. • Provide input to the Design Engineer on the Project design for the planning, proposed construction,

and commissioning of the project. • Develop a preliminary project management plan and provide updates across the preconstruction phase. • Develop, manage, and update the preconstruction schedule. • Perform value engineering and constructability reviews for milestone design submittals • Prepare and maintain the project cost estimate to assure compliance with EPWater's budget. • Implement a subcontract and vendor outreach program to generate interest in competitive trade

subcontractor bidding and vendor solicitations. • Implement a competitive bidding process for trade subcontractor work and vendor quotations in

accordance with applicable laws and regulations. • Develop and negotiate a Guaranteed Maximum Price proposal in accordance with applicable laws and

regulations. • Provide other preconstruction services as may be agreed on between the CMAR Firm and EPWater.

3.1.2 Construction-phase services

• Establish and maintain the project field office to be used by the entire project team. • Provide input to the design as it is advanced from 90% to 100%. • Finalize and implement the project management plan and provide updates across the construction

phase. • Finalize and manage the construction schedule. • Implement and maintain the project safety program in accordance with EPWater Safety program

requirements. • Implement and maintain the construction quality program.


• Maintain ProCore account to track construction phase documents. • Manage equipment vendors and trade subcontractors. • Manage self-perform resources. • Secure necessary permits. • Construct the Project. • Maintain normal plant operations throughout all phases of construction. • Conduct checkout, startup, commissioning, and performance testing. • Provide operator training. • Prepare and submit all project records. • Provide warranty coverage as specified within the contract.

3.2 Roles and Responsibilities

EPWater: EPWater will cooperate with the CMAR Firm and will fulfill its own responsibilities in a manner to facilitate the CMAR Firm’s timely and efficient performance of services. EPWater responsibilities include:

• Review submissions and provide comments to CMAR Firm. • Furnish existing studies and provide complete, accurate, and available data and information regarding

the Project, including record drawings, preliminary studies, environmental impact assessments, etc. • Provide information and perform (or engage CMAR Firm to perform) additional studies that may be

necessary to complete the Project. • Provide adequate funding. • Provide access to the Project site and any necessary easements. • Obtain the governmental approvals and permits EPWater is responsible for and assist CMAR Firm in

obtaining governmental approvals and permits it is responsible for. CMAR Firm: The CMAR Firm will cooperate with EPWater and will provide in a timely manner the preconstruction- and construction-phase services necessary to complete the Project scope specified in this RFP. CMAR Firm responsibilities include:

• Provide input to the Design Engineer. • Prepare construction procurement and contracting plan documents. • Manage subcontractors and suppliers • Manage CMAR Firm personnel and the performance of self-performed work. • Obtain certain governmental approvals and permits. • Maintain site safety and security. • Implement quality-management plan and procedures. • Implement Project health and safety plan and practices. • Conduct performance testing.

The roles and responsibilities of the Owner and the CMAR Firm are more fully described in Attachment C -CMAR Contract.


Design Firm: The Designer will cooperate with EPWater and CMAR Firm and will provide in a timely manner the preconstruction- and construction-phase services necessary to complete the Project scope specified in this RFP. Design Firm responsibilities include:

• Address CMAR Firm concerns. • Assist EPWater in providing information that may be necessary to complete the Project. • Assist EPWater and CMAR Firm in obtaining governmental approvals and permits. • Participate in project meetings and workshops. • Support CMAR value engineering and constructability reviews. • Develop design documents at interim design milestones as well as for construction. • Support development of the CMAR GMP as it relates to the technical evaluation of subcontractor

bids and supplier quotations. • Provide engineering services during construction. • Support checkout, startup, and commissioning activities.


Section 4. Procurement Process

4.1 Acknowledgement of RFP and Proposer Representative

Each shortlisted Proposer should provide EPWater, within five working days of receipt of this RFP, an acknowledgement that it has received the RFP. Such acknowledgement shall identify and provide full contact information for the Proposer Representative, who shall be the Proposer’s single point of contact for the receipt of any future documents, notices, and addenda associated with this RFP. Such acknowledgement must be sent in writing and a copy electronically transmitted to the Owner Contact.

4.2 Communications with Owner Contact

On behalf of EPWater, Rosemary Guevara, Senior Purchasing Agent will act as the Owner Contact and shall administer the RFP process. All communications shall be submitted in writing, by fax, or by email, and shall specifically reference this RFP. All questions or comments should be directed to the Owner Contact as follows:

Rosemary Guevara Senior Purchasing Agent EPWater – Public Service Board 1154 Hawkins Boulevard El Paso, Texas 79925 Phone (915) 594-5547 Email address: [email protected] and [email protected]

No oral communications from the EPWater Contact or other individual is binding. The Cone of Silence is imposed on this RFP at the first posting of the advertisement and prohibits communication with EPWater employees to attempt to influence the purchasing decision. No contact with EPWater staff, board members, any public official, or the Design Engineer concerning the Project during the procurement process is allowed. A violation of this provision may result in disqualification of Proposer. More information on the Cone of Silence may be found on EPWater’s website at the following location:

https://www.epwater.org/business_center/purchasing_overview/cone_of_silence.

mailto:[email protected]

https://www.epwater.org/business_center/purchasing_overview/cone_of_silence.


4.3 Procurement Schedule

The following schedule represent EPWater’s best estimate of the procurement schedule that will be followed. EPWater reserves the right to modify the schedule as required.

• Issue RFP to short listed firms February 18, 2020 • Pre-proposal meeting and site visit February 25, 2020 • Deadline for questions March 4, 2020 • EPWater publishes clarifications March 6, 2020 • Deadline for submission of Proposals March 17, 2020 • Selection Committee Reviews Proposals April 8, 2020 • Interviews April 8, 2020 • CMAR firms notified of ranking April 15, 2020 • Award contract and issue Notice to Proceed June 10, 2020

4.4 Pre-Proposal Meeting and Site Tour

Owner will conduct a pre-proposal meeting for those interested in responding to the RFP. Attendance at this meeting is strongly recommended. Proposers are required to submit an RSVP no later than one working day prior to the meeting. The meeting will be held at Roberto R. Bustamante Wastewater Treatment Plant located at 10001 Southside Road in El Paso, Texas on February 25, 2020 starting at 10:00 a.m. At this meeting, EPWater will offer information about the Project and the procurement process. Following the meeting, attendees will have the opportunity to tour the Project site to familiarize themselves with site conditions and constraints. Only one tour will be held. Proposers shall advise the EPWater Contact no later than 3:00 pm MDT February 24, 2020 of the names of individuals who will attend the pre-submittal meeting.


Section 5. Proposal Submission Requirements

5.1 Submittal Place and Deadline

Fifteen (15) paper documents (one original and fourteen (14) copies), as well as two (2) electronic versions of the Proposal on jump drives in PDF format, must be received no later than 3:00 p.m. MDT Tuesday, March 17, 2020. Please note, however, that the Fee and Rate Proposal (including the completed Fee and Rate Proposal Form and the Part 7 description of the Fee and Rate Proposal) must be presented in a separate, sealed envelope and must not be included on the jump drives. Proposal documents must note “Proposal Response to RFP 19-20 Enclosed” and must be addressed to:

Rosemary Guevara Senior Purchasing Agent EPWater – Public Service Board 1154 Hawkins Boulevard El Paso, Texas 79925 Phone (915) 594-5547

Each Proposer assumes full responsibility for timely delivery of its Proposal at the required location. Any Proposal received after the submittal deadline will be deemed nonresponsive and returned. The delivered packaging containing the Proposal documents must note “Proposal Enclosed” on its face.

5.2 Submission Format

Excluding the transmittal letter, index or table of contents, front and back covers, title pages/separation tabs, appendices, and SOQ updates, the proposal must not exceed 25 total pages and must conform to the following rules:

• 8½ x 11 inch paper with 1-inch or greater margins. • A maximum of three (3) of the total pages may be 11 × 17-inch tri-fold format. Each 11 x 17 page will

count as a single page. • Eleven-point font or larger must be used in proposal Parts 1 – 5.

Note that Proposers are not required to use all 25 pages. Information provided by a Proposer within the 25 page limit which does not specifically address the proposal requirements will not be reviewed.

5.3 Submission Content

The content requirements set forth in this RFP represent the minimum content requirements for the Proposal. It is the Proposer’s responsibility to include in its Proposal relevant information for this project. The Proposal should not contain standard marketing or other general materials.


The Proposal must include the following information in the order listed below.

• Transmittal Letter • Part 1 – Executive Summary (maximum 2 pages) • Part 2 – Project Approach (maximum 21 pages) • Part 3 - CMAR Contract Markup (maximum 1 page) • Part 4 – Cost Proposal (completed forms; not included in Proposal page count) • Part 5 – Updated SOQ (maximum 1 page; note if there are no changes to Proposer's SOQ, this page

can be used for Proposal Part 2 or 3) • Appendix A – CMAR Contract Markup (printed document carrying redlined comments, with

accompanying jump drive) • Appendix B – Cost Proposal (completed forms provided in this RFP) • Appendix C – Additional SOQ Information (if applicable)

5.3.1 Transmittal Letter

Proposers must submit a transmittal letter (one page maximum) on the Proposer’s letterhead. It must be signed by a representative of the Proposer who is authorized to sign such material and to commit the Proposer to the obligations contained in the Proposal. The transmittal letter must include the name, address, phone number and e-mail address for the Proposer Signatory Contact and must specify the physical address and title of the CMAR Firm’s signatory to any contract documents executed with EPWater. The transmittal letter may include other information deemed relevant by the Proposer and must acknowledge receipt of all addenda.

5.3.2 Part 1 – Executive Summary

The executive summary (maximum 2 pages) must include a concise overview of the key elements of the Proposal and must summarize and refer to and summarize information in the Proposal. The executive summary shall not be used to convey additional information not found elsewhere in the Proposal.

5.3.3 Part 2 – Project Approach

Provide a preliminary description (maximum 21 pages) of the CMAR Firm’s approach for managing and performing its services during the Headwork's Project’s preconstruction and construction phases. At a minimum, the approach shall address the following items:

• Project communications between the Design Engineer, EPWater, and Proposer during the preconstruction and preconstruction phases. Further, discuss how a collaborative relationship with EPWater and Design Engineer will be established and maintained across both project phases.

• Discuss how the Proposer envisions the design and construction processes will interface (including how constructability issues, construction work packaging, value engineering, and risk issues will be addressed).

• Based on the reference documents and Proposer's site visits, describe how the Proposer plans to execute this project.


• Identify the work elements critical to the Project’s success and how these components will be addressed.

• Describe the process for developing the GMP or fixed-price proposal at the 90% design milestone (as defined by EPWater). If deemed necessary by the Proposer, describe the process for developing a GMP or fixed-price proposal for early-out equipment and/or construction work packages.

• Identify and discuss key Project risks and the approach for their mitigations. Summarize key project risks in a project risk register which provides the following information: risk description, potential cost and schedule impacts if a risk is realized, probabilities of occurrence and impact, and summary risk mitigation plan. Discuss how the Proposer will utilize the risk register to establish the project contingency carried in the GMP proposal.

• Based on the Proposers review of the technical documents, identify and discuss potential cost savings ideas.

• Provide a narrative on the approach to be taken for Project safety considering the inherent safety risks associated with this Project.

• Provide narrative discussing the Proposers approach to meeting quality expectations identified in the construction documents. Additionally, discuss your approach for correcting non-conforming or deficient work and how the costs for rework are to be compensated under a GMP contract.

• Provide a Project schedule identifying preconstruction and construction phase activities. Clearly identify the specific approach the Proposer shall take in managing the schedule in order to meet EPWater's completion date.

• Based on the Proposer's prior experience with CMAR delivery, provide specific example(s) demonstrating how the Proposer was able to deliver representative projects for less than the negotiated GMP.

5.3.4 Part 3 – CMAR Contract Markup

The Proposer shall provide a summary narrative (maximum 1 page) of the Proposer's review comments on the CMAR Contract. Additionally, the Proposer shall provide in Appendix C (CMAR Contract Markup) a printed version of the proposed modifications of the CMAR Contract (including its attachments) in redlined/strikeout format, setting forth any and all revisions requested by the Proposer. Within the body of the document, explain the rationale for such revisions and the specific benefits to EPWater such as risk allocation, cost, or time savings. Proposers are encouraged to suggest revisions that would more efficiently allocate risk, improve the parties’ understanding of risk allocation, and improve clarity of any terms of the CMAR Contract where ambiguities or uncertainties may arise in their application or interpretation.


In addition to the printed version of the edited contract to be submitted within the proposal document, the Proposer shall provide on a jump drive an editable Word file carrying suggested contract modifications. Although EPWater will undertake negotiations of the CMAR Contract, the CMAR Contract Markup provided in this proposal will be treated as a de facto offer that the EPWater can accept as is, which would result in a binding contract between the CMAR Firm without further negotiations or revision. EPWater is not obligated to accept any of the requested exceptions, modifications, additions, etc. submitted by the Proposer in the CMAR Contract Markup when negotiating and finalizing the CMAR Contract. Furthermore, EPWater may request additional revisions during negotiations and before finalizing the CMAR Contract. Proposers are encouraged to carefully review RFP Attachment C (CMAR Contract) and to submit written questions and comments by the deadline specified in Section 4 of this RFP. Based on its assessment of the comments submitted, EPWater (at its sole discretion) may modify the CMAR Contract via addenda. EPWater expects that this review and comment process will substantially reduce the need for extensive post-selection negotiation.

5.3.5 Part 4 – Cost Proposal

The Proposer must complete RFP Attachment E (Cost Proposal Forms) – with all required pricing information and include it in a separate, sealed envelope as Proposal Appendix B (Cost Proposal). RFP Attachment E provides the Cost Proposal Forms to be completed by the Proposer. Cost components are to be provided for Preconstruction Services Billing Rates for the Proposer's personnel during the preconstruction phase and the Construction Fee the Proposer will apply to the project GMP.

Be advised that EPWater is not interested in proposed fees or rates that provide excessive discounts from the CMAR Firm’s anticipated actual costs for the requested services. If EPWater determines (at its sole discretion) that the fees and rates included in a Proposal are unacceptably low to perform the services or that a Proposer’s fees and rates are substantially or unacceptably below other Proposals, EPWater may (at its sole discretion) either declare that Proposal to be non-responsive and disqualify the Proposer, or seek additional detailed information from that Proposer regarding the cost basis for its cost proposal, prior to rendering a decision on the Proposal’s responsiveness.

5.3.6 Part 5 – Updated SOQ

Proposers are advised that the statement of qualifications (SOQ) submitted in response to EPWater's RFQ is incorporated as part of the Proposal. Changes in any aspect of the Proposers SOQ, material or otherwise, are to be summarized in Proposal Part 5. Proposal Appendix C (Additional SOQ Information) should include resumes for any additional or new non-key personnel that may be proposed. Any such changes to the SOQ, however, are subject to acceptance by EPWater, at its sole discretion. If there are no changes to the Proposers SOQ, the page allotted to this section can be used for proposal Part 2 or 3.


Section 6. Proposal Evaluation and Selection

6.1 General

The Proposals will be reviewed and evaluated by EPWater's selection committee (with assistance provided by outside advisors, if desired by EPWater) according to the requirements and criteria outlined in this Section 6. During the proposal evaluation process, written questions or requests for clarification may be submitted to one or more Proposers regarding its Proposal or related matters. Failure to respond in a timely manner to any such questions or requests may be grounds for elimination of the Proposer from further consideration. In addition, EPWater will require that all Proposers participate in post-proposal interviews.

6.2 Responsiveness

Each Proposal will be reviewed to determine whether it is responsive to the RFP. Failure to comply with the requirements of this RFP may result in a Proposal being rejected as non-responsive. At its sole discretion, however, the selection committee may waive any such failure to meet a requirement of this RFP and may request clarification or additional information to remedy a deficiency.

6.3 Proposal Evaluation Criteria

Through a public meeting, EPWater will open, and read aloud the names of the Proposing firms and their proposed Contractors Fee.

The selection committee will evaluate and rank responsive Proposals by applying weighted evaluation criteria, as set forth below, to information provided in Proposers’ Proposals.

• Project approach [75%] • CMAR Contract Markup [15%] • Cost Proposal [10%]

In ranking the proposals, the selection committee will use a 100-point scale whereby the maximum points awarded for each of the evaluation criteria will be based on the percentage weight set forth above. The selection committee will perform their non-price evaluation and complete its awarding of the non-price criteria points before the interview and before scoring the cost proposal forms.


6.4 Interviews

Proposers will be provided the opportunity to present their project approach during formal interviews. Interviews are intended to allow the Proposers to further explain their written Proposal, focusing on their specific approach to successfully execute both phases of this CMAR project. Interviews will be limited to 60 minutes, providing 40 minutes for the Proposers to discuss their project approach and where the Proposers creativity and innovation will be beneficial to reducing project cost and risk. The presentation will be followed by up to 20 minutes of questions posed by EPWater selection committee members.

Interview attendees are limited to the ten Proposer’s Key Staff identified in the Proposers SOQ. While the Proposer is free to develop their own approach to the interview, EPWater does not expect all ten key staff to participate in the interview process.

Interviews will be scored by the selection committee using a 100-point scale.

6.5 Scoring and Selection

EPWater will select the CMAR submitting the proposal offering best value to the utility based on the selection criteria and scoring approach identified in this RFP. EPWater will attempt to negotiate final contract terms, if required, with the top ranked Proposer. If EPWater is unable to successfully negotiate final contract terms with the top ranked Proposer, it shall formally notify the Proposer it is ending negotiations and proceed to negotiate final contract terms in the order of the selection ranking until a contract is reached or negotiations with all ranked Proposers ends. At any time during this process, EPWater has the option to cancel the CMAR procurement, and have the Design Engineer complete the design and competitively bid construction of the Project.

At any time, the Owner also has the option to have the Design Engineer complete the design and then to proceed as with a Design-Bid-Build (DBB) procurement.

Proposers are advised that the cone of silence will remain in effect until after award of the CMAR contract. Following selection and successful negotiation of the CMAR contract, EPWater will debrief unsuccessful Proposers if requested.

REQUEST FOR PROPOSALS

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Section 7. Conditions for Proposers

7.1 Owner Authority

EL PASO WATER UTILITIES – PUBLIC SERVICE BOARD, a component of the City of El Paso, whose Board of Trustees is vested with management and control of the City of El Paso water and wastewater system is a public entity in the State of Texas created under Texas Government Code Chapter 10. The procurement process for this Project is authorized under Subchapter F, Section 2269.251.

7.2 Ineligible Firms and Individuals

The following firms and individuals are serving in an advisory capacity to the Owner for this Project and are therefore not eligible to assist or participate with any Proposer that submits a Proposal for the Project.

• Carollo Engineers, Inc. and Subconsultants • Capital Project Strategies

7.3 Conflict of Interest

EPWater mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the utility, including affiliations and business and financial relationships such persons may have with EPWater officers. The ethical standards of conduct required of employees, vendors, potential vendors and anyone acting on behalf of EPWater are listed below and are designed as a general guidance and are not to conflict with Federal, State, and local laws.

Code of Ethics:

1. To consider first, the interest of the Utility in all transactions and to carry out and believe in its established policies.

2. To buy without prejudice or personal gain, seeking to obtain the maximum ultimate value for each dollar of expenditure.

3. To grant all competitive suppliers equal consideration insofar as local, state, or applicable federal statutes permit.

4. To accord a prompt and courteous reception, so far as conditions will permit, to all who call on a legitimate business mission.


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5. To conduct business with potential and current suppliers in an atmosphere of good faith, devoid of intentional misrepresentation.

6. To subscribe to and work for honesty and truth in buying and selling, and to denounce all forms and manifestations of commercial bribery.

7. To respect his/her obligations and to require that obligations to him/her and the Utility be respected, consistent with good business ethics.

8. To be receptive to competent counsel from his/her colleagues and to be guided by such counsel without impairing the dignity and responsibility of his/her office.

9. To cooperate with all organizations and individuals engaged in activities designed to enhance the development and standing of purchasing.

10. To decline offers for personal gain from an actual or potential vendor.

11. To ensure that he/she does not knowingly disclose confidential information for personal gain to actual or potential vendor.

12. Employees are prohibited from soliciting anything of value for personal gain from an actual or potential vendor.

Employees must comply with EPWater Ethic's policy as well as the City of El Paso Ethics ordinance, both located in the Utility’s intranet under Administrative policies.

7.4 Proprietary Information

All materials submitted to EPWater become public property and are subject to the Texas Public Information Act, Chapter 522, Texas Government Code "(the Act"). Most information collected, assembled, or maintained by the City and/or EPWater in connection with the transaction of official business is public information subject to disclosure upon written request. The Act exempts certain categories of information from required public disclosure. The Office of the Attorney General determines whether information may be withheld, not the City or EPWater. All information provided to EPWater will be handled in accordance with the Act and the requirements of the Texas Public Information Act while in EPWater’s possession. All documents provided to EPWater should be regarded as public records and subject to disclosure; provided however, such documents will be held in confidence by EPWater as required by the Act. PRIVATE ENTITIES ARE CAUTIONED THAT ONCE A DOCUMENT IS PROVIDED TO EPWATER, ALL INFORMATION CONTAINED THEREIN WILL BE AVAILABLE TO THE PUBLIC UNLESS THE INFORMATION IS EXCEPTED FROM THE REQUIREMENTS OF THE PUBLIC INFORMATION ACT.


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Private Entities who claim that information provided to EPWater should be protected from public disclosure may be asked to support such claim if the City or EPWater receives an Open Records request for the information and requests a determination by the Attorney General.

7.5 Rights of the Owner

In connection with this procurement process, including the receipt and evaluation of Proposals and award of the CMAR Contract, Owner reserves to itself (at its sole discretion) all rights available to it under applicable law, including without limitation, with or without cause and with or without notice, the right to:

• Cancel, withdraw, postpone, or extend this RFP, in whole or in part, at any time prior to the execution of the CMAR Contract, without incurring any obligations or liabilities.

• Modify the procurement schedule.

• Suspend and terminate the procurement process or terminate evaluations of Proposals received.

• Permit corrections to data submitted with any Proposal.

• Conduct discussions and correspondence, with one or more of the Proposers to seek an improved understanding of any information contained in a Proposal.

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

• Seek clarification from any Proposer to fully understand information provided in the Proposal and to help evaluate and rank the Proposers.

• Reject a Proposal containing exceptions, additions, qualifications or conditions not called for in the RFP or otherwise not acceptable to the Owner.

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

• Through EPWater's Procurement Contact identified in this RFP, request additional information from a Proposer during the evaluation of its Proposal.

7.6 Obligation to Keep Project Team Intact

Proposers are advised that all firms and Key Personnel identified in the Proposal shall remain on the Project Team for the duration of the procurement process and execution of the Project. (The anticipated dates for award of the CMAR Contract and for completion of the Project are set forth in Section 4.3 of this RFP.) If extraordinary circumstances require a change, it must be submitted in writing to the identified EPWater Contact, who, at his or her sole discretion, will determine whether to authorize a change, recognizing that certain circumstances (such as termination of employment) may occur that are beyond the CMAR Firm’s control. Unauthorized changes to the Project Team at any time during the procurement process may result in elimination of the Proposer from further consideration.


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7.7 Addenda

If any revisions to the RFP or procurement process become necessary or desirable (at EPWater’s sole discretion), EPWater may issue written addenda. EPWater will not transmit addenda to potential Proposers. EPWater will post all addenda on EPWater Project website at the following address:

https://www.epwater.org/business_center/purchasing_overview/bids/construction.

It is the Proposer's responsibility to obtain all addenda prior to submitting its Proposal.

7.8 Protests

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

https://www.epwater.org/business_center/purchasing_overview/bids/construction