Monterey Peninsula Regional Water Authority (MPRWA)
SPECIAL MEETING
10:00 AM, Thursday, October 31, 2013 Monterey Council Chamber 580 Pacific Street Monterey, California
ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the MPRWA and which is not on the agenda. Any person or group desiring to bring an item to the attention of the Authority may do so by addressing the Authority during Public Comments or by addressing a letter of explanation to: MPRWA, Attn: Monterey City Clerk, 580 Pacific St, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details.
AGENDA ITEMS
1. Discuss, Review, and Authorize a Contract with Separation Processes Incorporated(SPI) for Engineering Support Services on Behalf of the Governance Committee During Cal- Am's Selection Process for the Design-Build Firm for the Monterey Peninsula Water Supply Project, and Authorize the Executive Director to Negotiate, Prepare and Sign a Water Authority Contract with SPI, and/or Sign an Agreement for a Water Authority Cost Share with Another Public Agency Contracting with SPI for Said Services, at a Cost to the Water Authority Not-to-Exceed $12,000 and Determine Role of Authority Representative to the Governance Committee . - Cullem
ADJOURNMENT
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Agenda related writings or documents provided to the MPRWA are available for public inspection during the meeting or may be requested from the Monterey City Clerks Office at 580 Pacific St, Room 6, Monterey, CA 93940. This agenda is posted in compliance with California Government Code Section 54954.2(a) or Section 54956.
Monterey Peninsula Regional Water Authority Agenda Report
Date: October 31, 2013 Item No: 1.
06/12 FROM: Executive Director Cullem
SUBJECT: Discuss, Review, and Authorize a Contract with Separation Processes Incorporated(SPI) for Engineering Support Services on Behalf of the Governance Committee During Cal-Am's Selection Process for the Design-Build Firm for the Monterey Peninsula Water Supply Project, and Authorize the Executive Director to Negotiate, Prepare and Sign a Water Authority Contract with SPI, and/or Sign an Agreement for a Water Authority Cost Share with Another Public Agency Contracting with SPI for Said Services, at a Cost to the Water Authority Not-to- Exceed $12,000 and Determine Role of Authority Representative to the Governance Committee RECOMMENDATION:
Staff recommends that the Water Authority approve a contract with Separation Processes Inc. (SPI) for engineering consultation services on behalf of the Water Authority, Monterey Peninsula Water Management District (MPWMD), and Monterey County (the three public members of the Governance Committee) relating to California-American Water Companys (Cal-Am) interview and selection process for the Monterey Peninsula Water Supply Project (MPWSP)design-build (DB) contractor, or, alternatively, reimburse a fair share of contract costs with the MPWMD and Monterey County if either one executes the SPI contract. SPI previously consulted with the Water Authority and completed the comparative study of desalination projects in 2012. Staff also requests Authority approval for the Executive Director to prepare and sign the contract, and/or authority to sign a reimbursement agreement with MPWMD and Monterey County.
DISCUSSION: Cal-Am through a Request for Proposals (RFP) solicited sealed Proposals from pre-qualified respondents (Proposers) for a contract to design, permit, and construct certain desalination infrastructure associated with the Monterey Peninsula Water Supply Project (the Project). Cal- Am issued a Request for Qualifications (RFQ) for the Project on April 1, 2013. Statements of Qualifications (SOQs) were received from respondent contractors on May 1, 2013. Cal-Am evaluated nine SOQs in accordance with the RFQ and has pre-qualified the following five contractors to the RFQ as eligible to submit proposals in response to the RFP (Proposals): Black & Veatch Construction, Inc. CDM Constructors, Inc. CH2M Hill Engineers, Inc. Kiewit Infrastructure West Co. MWH Constructors, Inc MPRWA Meeting, 10/31/2013 , tem No. 1., tem Page 1, Packet Page 1
Cal-Am intends to conduct interviews with these five qualified contractors on November 5 th and 6 th . It intends to select a preferred contractor and begin negotiations with the preferred contactor on November 15 th in hopes of reaching agreement on a draft DB contract by early December. Cal-Am projects that, if this schedule holds, it will issue the Cal-Am notification under the Governance Committee Agreement for the Governance Committee to review and provide recommendations concerning the draft DB contract and proposed contractor on or about December 6th. 1 Together with the Cal-Am notification, Cal-Am will provide voluminous documents relating to the procurement process to Governance Committee as background material. Legal counsel and staff of the Water Authority, MPWMD, and Monterey County agree that the procurement process and the Governance Committees review and recommendations pertaining the DB contractor and draft contract would be facilitated by the engagement of an engineering consultant to participate in the procurement process (and consult separately with with Messrs. Burnett and Stoldt) and to advise the Governance Committee following issuance of the Cal-Am notification. Attached is a scope of services that explains the services for which SPI would be retained. The Water Authority, MPWMD, and Monterey County have reached an agreement with Cal-Am to include Alex Wesner, Vice-President of SPI to observe the interviews and participate in the selection process but not be a member of CAW's Evaluation Team or Selection Committee, and for Mr. Wesner to consult with Jason Burnett and David Stoldt under confidentiality provisions of a non-disclosure agreement throughout this process Through this engagement, we anticipate that Messrs. Wesner, Burnett and Stoldt will be prepared to brief the Water Authority and the Governance Committee on the process and pertinent issues relating to the Governance Committees review and recommendations concerning Cal-Ams recommended contractor and DB contract following issuance of the Cal- Am notification. As agreed to previously and consistent with the usual practice for public and private procurements, the documents and related information must be kept confidential during the interviews and negotiations with the five firms. As such, representatives of the public agencies will be asked to sign non-disclosure agreements stating that information they obtain prior to the CalAm notification will be kept confidential so as to avoid allowing one of the five
1 The Governance Committee provides as follows: Prior to the execution of any Contract not executed on or before the date that is thirty (30) calendar days after the effective date of this Agreement, and upon presentation and recommendation by Cal-Am to the Governance Committee after Cal-Am has reviewed and evaluated proposals or bids, as applicable, and negotiated with the contractor a Contract that, in the opinion of Cal-Am, is ready for execution by and between Cal-Am and the contractor, the Governance Committee may recommend which contractor should be retained under the Contract, and issue any recommendations concerning the terms of the final Contract. When presenting a Contract to the Governance Committee for its consideration and recommendation, Cal-Am shall provide to the Governance Committee a copy of all responsive proposals or bids received for the pertinent work, except for any proprietary information provided by contractors submitting responsive proposals or bids, together with a written description of the process Cal-Am undertook to select a recommended Contractor, a summary of the considerations that Cal- Am deems pertinent to support its recommendation, and any other information that Cal-Am believes will assist the Governance Committee in its review of the recommended Contract and contractor. MPRWA Meeting, 10/31/2013 , tem No. 1., tem Page 2, Packet Page 2
firms to learn anything about the bids or conversations from the other firms. After the CalAm notification, the non-disclosure agreements will expire and all parties will be able to make any information public. This proposal is consistent with the Governance Agreement, and staff believes it to be of significant benefit to the public to have a Governance Committee representative involved with the DB selection process. Staff recommends Mr. Wesner of SPI to perform this work because he possesses significant engineering and technical expertise with respect to membrane water treatment technology (e.g. desalination) and DB contracts. Staff believes Mr. Wesner is appropriately qualified to participate in and evaluate the selection process and make suggestions or recommendations to the Governance Committee. Costs for Mr. Wesners consultation are estimated at $30,000 and would be shared public members of the Governance Committee (MPWMD, Monterey County, and the Water Authority. For Planning and budgeting purposes, a contingency of 20% ($6000) is advised, bringing the total budget requirement to $36,000, of which the Water Authoritys share would be $12,000. The FY 2013/2014 Water Authority budget for Project Evaluation is $20,000, the full amount of which remains available as of this date. The interviews will take place 5-6 November 2013, so time is of the essence. Staff believes that the only firm with current intimate knowledge of the project and with expertise available on such short notice would be SPI. In addition, since the cost to the Authority will be below the limit ($34,999) for our informal procedure for procurement of Professional Services, staff recommends that the Water Authority waive the usual informal procedure in this case and authorize a negotiated contract with SPI on behalf of the Governance Committee. The Authority would then invoice MPWMD and the County for their share. Alternatively, the Authority would contribute its fair share to MPWMD or to the County if either Agency executes the subject contract in lieu of the Water Authority.
ATTACHMENTS:
Scope of Services
MPRWA Meeting, 10/31/2013 , tem No. 1., tem Page 3, Packet Page 3 Scope of Services
The Scope of Services for this Agreement Between The Monterey Peninsula Water Management District and Separation Processes, Inc. for Consultation Services shall include the following:
Consultant shall enter into a Non-Disclosure Agreement with Cal-Am that shall provide that Consultant shall not disclose any confidential information (as defined in the Non-Disclosure Agreement) concerning Cal-Ams process for the selection of a design-build contractor (DB Contractor) by Cal-Am and development of a draft design-build contract (DB Contract) for the construction of Cal-Ams desalination plant as part of the Monterey Peninsula Water Supply Project (MPWSP), except with respect to consultation with Jason Burnett and David Stoldt provided that they have also entered into the Non-Disclosure Agreement with Cal-Am, until such time as a draft Design-Build Contract is presented to the Governance Committee overseeing the Monterey Peninsula Water Supply Project for review and recommendation. Consultant shall review background documents pertaining to the DB Contractor selection process provided by Cal-am. Consultant shall attend interviews with finalist for award of the DB Contract scheduled for November 5 and 6, 2013 as well as a post-interview debriefing with Cal-Am scheduled for November 7, 2013, and shall provide insights and recommendation stemming from the interviews to Cal-Am. Consultant shall attend negotiations in November and December pertaining to the development of a recommended DB Contract held between Cal-Am and the selected preferred DB Contractor, and shall provide insights and recommendation stemming from the negotiations to Cal-Am. Consultant shall communicate with Cal-Am as necessary throughout the interview and negotiation process. All written correspondence shall be made by electronic mail to Richard Svindland of Cal-Am, with copy to Anthony Cerasuolo and Lori Girard. Consultant shall regularly update and solicit feedback from Jason Burnett and David Stoldt throughout the interview and negotiation process, and as instructed by either of them, communicate questions and recommendations to Cal-Am. Once a draft DB Contract is presented to the Governance Committee overseeing the Monterey Peninsula Water Supply Project for review and recommendation, Consultant shall timely prepare and present to the Governance Committee a short written summary of Consultants pertinent findings, observations, issues, and recommendations concerning the selected DB Contractor and draft DB Contract. Consultant shall attend at least one meeting of the Governance Committee to present Consultants summary of pertinent findings, observations, issues, and recommendations concerning the selected DB Contractor and draft DB Contract and to answer questions and discuss the matter with the Governance Committee.
MPRWA Meeting, 10/31/2013 , tem No. 1., tem Page 4, Packet Page 4