REQUEST FOR QUALIFICATIONS Public Utility District No. 1 ......December 13, 2016 Page 2 of 27 Okanogan County Public Utility District Enloe Hydroelectric Project RFQ SECTION II OVERVIEW

REQUEST FOR QUALIFICATIONS Public Utility District No. 1

Of Okanogan County Enloe Hydroelectric Project

This Request for Qualifications (“RFQ”) from Public Utility District No. 1 of Okanogan County, Washington (the “District”) invites the submittal of a Statement of Qualifications (“SOQ”) from firms interested in providing Design-Build services for the Okanogan Enloe Hydroelectric Project described below. By submitting a Statement of Qualifications (“SOQ”), the Proposer represents that it has carefully read the terms and conditions of this RFQ, and all exhibits and addenda, and agrees to be bound by them. Proposers shall submit the SOQ to Roy Schwilke via electronic mail at [email protected] no later than 5:00 PM, on January 13, 2017. SECTION I OVERVIEW OF OPERATION This Overview of Operation is a brief synopsis of Public Utility District No. 1 of Okanogan County, Washington (the District) operations to aid Proposers in responding to the Request for Qualifications. A. General The District is a municipal corporation in the State of Washington empowered by law to construct, operate and maintain electric and broadband facilities within and without the confines of the District. The District is administered by a three member Board of Commissioners elected by voters within Okanogan County, Washington. B. Background on the District The District provides electric and broadband service to Okanogan County (Area – 5,315 square miles), which is the largest county in the State of Washington. In addition, two electric co-ops and one municipal system also provide electric and broadband service in the county. The District serves approximately 15,700 customers composed mainly of residential, commercial and irrigation accounts. The District’s electric system consists of approximately 1,373 miles of overhead and 437 miles of underground distribution lines. The District also owns a 115 kV transmission system, which consists of approximately 104 miles of line and 13 major substations. In addition, the District provides wholesale, cost-based broadband service to retail service providers, who provide their service to the residents and businesses of Okanogan County. This system also serves the internal needs of the District for communications and SCADA.

December 13, 2016 Page 2 of 27

Okanogan County Public Utility District Enloe Hydroelectric Project RFQ

SECTION II OVERVIEW OF PROJECT A. General The District’s Resolution No. 1620 authorizes the commissioning of the Enloe Hydroelectric Project which is located at Enloe Dam on the Similkameen River near Oroville, Washington. The Enloe Dam and the hydroelectric power plant were constructed by Eugene Enloe in the early 1920s to supply electricity to the Nighthawk and Oroville areas. The project was sold to Washington Water Power in 1923 and was subsequently acquired by the District in 1942. The 3.6-MW hydro power plant operated until 1958 when it was shut down due to the availability of lower cost electric power from the Bonneville system. In 2013, the District received a license from the Federal Energy Regulatory Commission (Project 12569) to construct a new 9-MW hydropower generation facility at the dam. Electric energy generated by the new facility will be delivered to the District’s customers via its existing electric distribution system. The FERC license is attached to this RFQ as Exhibit F. A summary of the licensed hydroelectric project is as follows: addition of crest gates and instream flow outlet works to Enloe Dam, a new power intake on the east bank of the river upstream of the existing dam, new intake channel, intake structure and steel penstocks that will divert water available for power generation to a new 9-MW hydroelectric power plant located on the east bank of the river downstream of the dam; a short tailrace channel to return flow to the river, new electric substation and a short interconnection to the District’s existing distribution system. In addition, improvements to public recreation facilities and development of new habitat enhancement facilities are part of the project. The estimated average annual energy generation (including instream flow releases for fish habitat but excluding yet-to-be-determined aesthetic flow releases) is 45 GWh/year. Further information regarding the project is found in Exhibits A and F.

The District’s objectives in developing the Enloe Project are as follows:

Cost - Minimize overall cost to the District of owning and maintaining Enloe Dam including costs and benefits of new hydropower generation resources.

Integration – Complete the project in a manner that is compatible with the District’s ongoing obligations to serve the electric energy and broadband needs of its customers.

Finance, Operations, and Maintenance – If the District chooses to accept an Alternate Price Proposal, develop, finance, operate and maintain the project in a manner that best suits the District’s financial commitments and resources.

Risk – Identify and manage risk to the District. Efficiently allocate risk between project participants.

Quality – New electric energy generation facilities at Enloe Dam shall meet electric utility standards and shall perform efficiently and reliably, with normal maintenance and replacements, for at least the term of the current FERC license (i.e. through year 2062).

Operations – Provide an automated plant that can be safely and effectively operated remotely. Maintain plant availability, efficiency, reliability, safety and regulatory compliance.

Safety – Maintain safety of human life and property.

Environment – Maintain responsible stewardship of land, water, environmental, historic,



cultural, public recreation and socio-economic resources.

Regulatory Compliance - Comply with Federal, State and local laws and regulations including specific terms and conditions of project licenses, approvals and permits.

Schedule – Meet milestone dates defined in the FERC License and other regulatory approvals.

Collaboration – Establish a collaborative relationship between the District and the Design-Build Team.

Work collaboratively with the state and federal regulatory authorities with jurisdiction over the project as well as other third party stakeholders such as Native American Tribes and private, environmental, natural resources, and other groups.

The District’s primary reasons for using the design-build procedure are as follows:

Hydropower project development is a highly specialized field which requires early contractor involvement to address constructability issues, develop practical construction plans and to address environmental plans and protection measures.

Integration of design, procurement and construction of power facilities is beneficial since the final design of the powerhouse cannot be completed until the hydraulic configuration of the turbine and generator of the most favorable generating equipment bid are determined.

Design-Build offers greater innovation and efficiencies through value engineering executed by the design engineer, generating equipment supplier and construction contractor working as a team.

Design-Build has risk management benefits for the owner in allocating project design, project coordination and project performance risk to the Design-Build constructor.

The District has limited resources and experience to assume the role of project integrator for conventional design/bid/build project development.

In addition to designing and constructing the facility, the District is interested in exploring options from Proposers to finance, operate and maintain the facility. The Request for Proposals will allow for Finalists to submit an Alternate Price Proposal to provide Design-Build Finance, Operations and Maintenance (“DBFOM”) services.

B. Scope of Work

The Scope of Work is more specifically described in Exhibit A. Core design-build services include but are not limited to the following:

All management, planning, engineering, surveying, site investigation and other services required to plan, permit, design, specify materials and equipment and plan construction of the Project.

Implementation and compliance with various regulatory approvals and conditions including but not limited to FERC license, WDOE 401 certification, BLM right-of-way permit, etc.



Secure additional required permits and approvals in cooperation with the District (i.e. ACOE 404 permit, WDFW hydraulics approval, WDNR approvals, etc.)

Value engineering of licensed project configuration.

Cost estimating, and cost engineering services.

Construction planning and scheduling.

Quality control and assurance.

Construction services including planning, staffing, project management, supervision, general conditions, mobilization, supply of labor, supply of materials, supply of equipment, construction, installation, commissioning, testing and project closeout.

Dam safety inspection support, dam modification and rehabilitation services.

Furnishing operation and maintenance manuals and operator training.

Project management, coordination, accounting, cost control, document control, progess reporting and administration services.

Provision of insurance, bonds and performance warranties.

Compliance with laws and regulations.

Optional services that may be included in the scope of the procurement are as follows:

Provision of project financing.

Project operation and maintenance services.

C. Estimated Target Budget

The estimated target budget for design, permitting, regulatory compliance, equipment procurement and construction is currently approximately $33 million. This preliminary budget is based on the project configuration in the FERC license, conventional design/bid/build project delivery, and assumed equal distribution of estimated post-license-issuance permitting and regulatory compliance costs between the District and the Design-Builder. Permitting/compliance tasks will be performed collaboratively by the District and the Design-Builder and the best allocation of responsibilities and resources will be determined collaboratively during the validation period. The budget includes an allowance for contingencies. The budget does not include allowances for the net cost reduction benefits of value engineering measures taking into consideration additional costs associated with modifying the licensed project configuration. As stated in its goals, the District is interested in minimizing overall costs of ownership and operation of the dam and power plant.

Project Solicitation Schedule

The following is an estimated solicitation schedule. The District reserves the right to modify the schedule.

Date Activity

December 14, 2016 Issue RFQ

January 13, 2017 SOQ Due Date



January 20, 2017 Notification of Shortlisted Finalists

January 27, 2017 Issue RFP

TBD Site Walk Through for Finalists

One week before Proprietary Interactive Meeting

Last Date to Submit Proposed Changes to Contract

TBD Proprietary Interactive Meetings

March 10, 2017 Proposal Due Date

March 24, 2017 Notification of Highest Scored Finalist

D. Definitions

1. Design-Builder: The entity with the prime contract with the District.

2. Design-Build Team: All business entities listed by the Design-Builder as providing services or construction on the project. The Design-Builder is not required to list all members of the Design-Build Team in the SOQ.

3. Key Team Member: Individuals who will be assigned to the Project who play an important role in the design, construction or management of the Project.

4. Acronyms: The following acronyms are used in this RFQ.

BLM – Bureau of Land Management (Department of Interior)

CCT – Confederated Colville Tribes

CELP – Center for Environmental Law and Policy

CWA – Clean Water Act

FERC – Federal Energy Regulatory Commission

NOAA – National Oceanic and Atmospheric Administration

OKPUD – Public Utility District No.1 of Okanogan County

PM&E – Environmental protection, mitigation or enhancement measure

USACE- U.S. Army Corps of Engineers

USFWS – U.S. Fish and Wildlife Service

WDFW – Washington Department of Fish and Wildlife

WDNR – Washington Department of Natural Resources

WDOE – Washington Department of Ecology

5. Projects of Similar Scope and Complexity: Hydropower development projects with project on-line dates after December 31, 2005, that have some or all of the following characteristics:

a. Design, equipment procurement and construction of hydropower facilities that are of similar physical size and configuration to the Enloe Project.

b. Projects that utilized Design Build (or similar integrated delivery method) that required strong coordination and integration of the design and construction team and early involvement of the contractor during design.

c. Projects where the Design-Builder was selected prior to the establishment of the



final price and schedule and where the Design-Builder collaborated with the Owner to develop the final price and schedule.

d. Projects where value engineering achieved significant owner benefits.

e. Projects that required compliance with complex regulatory approvals similar to Enloe approvals including but not limited to, a FERC license, BLM right-of-way, WDOE 401 certification, NOAA Bi-Op etc.

f. Projects that required complex and frequent coordination with multiple state and federal agencies and other third party non-governmental stakeholders, similar to Enloe stakeholders including but not limited to CCT, BLM, NOAA Fisheries, USFWS, WDFW, CELP, WDOE, USACE, Okanogan County Department’s of Public Works and Planning, FERC, WDNR, American Rivers, American Whitewater, Trout Unlimited, Center for Environmental Law & Policy, Native American Tribes.

g. Projects that involved in-river design and construction on water bodies with listed endangered species.

h. Projects where the Design Build team have already successfully worked together.

i. Projects that have historical and cultural components and surrounding features requiring sensitivity and compliance with a HPMP and cultural resources working group.

6. Design Excellence: Design Excellence is achieved with design and construction solutions that exceed the Owner’s vision, exceed the Project’s defined functional and performance requirements, incorporate value engineering solutions, effectively meet regulatory requirements, and include high quality structures and facilities that reduce life cycle operations and maintenance costs.

SECTION III SOLICITATION PROCESS

A. General Information

1. Compliance with Legal Requirements

This solicitation will be in accordance with RCW Ch. 39.10 and all applicable federal, state, and local laws, and District policies and procedures.

2. Conflict of Interest and Communications with the District

Consultants who assisted the District in the RFQ/RFP preparations may not propose or participate on any Design- Build Team on this project.

Communication with the District regarding this project shall be via email and directed to Roy Schwilke at [email protected]. Do not communicate about this project with any other District employees or consultants. Communication with other District employees or consultants may cause the firm involved to be disqualified from submitting under this solicitation.



3. Expenses of Proposer and Payment of Honorarium

The District accepts no liability for the costs and expenses incurred by firms in responding to this solicitation. Each Proposer that enters into the solicitation process shall prepare the required materials, the SOQ and the Proposal at its own expense and with the express understanding that it cannot make any claims whatsoever for reimbursement from the District for the costs and expenses associated with the process. In accordance with RCW Ch. 39.10.330, the District will pay an honorarium in the amount of ten thousand dollars ($10,000.00) to the short-listed responsible Finalists submitting responsive proposals to the RFP that remain in competition until the point of Contract award, but who are not awarded the Design-Build Contract.

4. Public Disclosure

All documentation provided to the District may be considered public documents under applicable Washington State laws and may be subject to disclosure in accordance with Washington State Public Records. Proposers recognize and agree that the District will not be responsible or liable in any way for any losses that the Proposer may suffer from the disclosure of information or materials to third parties.

Any material requested to be treated as confidential, proprietary information or trade secrets must be clearly identified and readily separable from the balance of the proposal. Such designations will not necessarily be conclusive, and Proposers may be required to justify why such material should not, upon written request, be disclosed by the District under the Washington Public Records Act. The District will endeavor to provide at least two (2) business days’ notice of a public records request for material submitted pursuant to this solicitation. Proposers must respond to the notice in writing with any objection to the production of the documents within two (2) business days of receipt of the notice.

5. Protest Procedures

The protest procedures are set forth at Exhibit B to this RFQ.

B. District Rights and Solicitation Conditions

The District reserves without limitation and may exercise at its sole discretion, the following rights and conditions with regard to this solicitation process:

1. To cancel the solicitation process and reject any and all proposals;

2. To waive any immaterial informality or irregularity;

3. To revise the solicitation documents and schedule via an addendum;

4. To reject any Proposer that submits an incomplete or inadequate response or is not responsive to the requirements of this RFQ;

5. To provide clarifications or conduct discussions, at any time, with one or more Proposers;

6. To contact references that are not listed in the Proposer’s SOQs and investigate statements on the SOQs and/or qualification of the Proposer and any firms or individuals identified in the SOQ;



7. To consider the claims history of any Proposer as part of the evaluation of the Proposer;

8. To consider alternative technical concepts and/or approaches identified by Proposers; and

9. To take any action affecting the RFQ process, the RFP process, or the Project that is determined to be in the District’s best interests.

C. Outline of the Solicitation Process

1. Request for Qualifications (RFQ).

a. This RFQ invites firms to submit their SOQ describing in detail their technical, management, and financial qualifications to design, permit and construct the Project. The issuance of this RFQ is the first phase of the solicitation process being conducted pursuant to RCW Ch. 39.10.330.

b. Questions related to this RFQ can be submitted to Roy Schwilke via email at [email protected] .

c. Proposers will submit their SOQ, and other deliverables required pursuant to this solicitation at the time and in the manner set forth in this RFQ and any addenda. The District will not consider SOQ or other deliverables that are submitted after the time set forth in the RFQ. Proposers are solely responsible for making sure that the District receives the SOQ in a timely fashion. The District reserves the right to disregard immaterial irregularities in either the manner or the format of any SOQ.

d. The District will evaluate the information submitted by each Proposer to determine 1) whether the Proposer meets the mandatory minimum requirements and 2) the relative score of the Proposers pursuant to the scoring system described below. Any Proposer who fails to meet the mandatory minimum requirements set forth in this RFQ will not be considered further by the District in this solicitation.

e. All SOQ will be evaluated in accordance solely with the criteria established in the RFQ and any addenda issued thereto. The maximum percentage for each criterion are listed below. The percentage listed indicates relative weight or importance given to each criterion.

f. Not more than five responsive and responsible firms will be selected as Finalists. Only those firms that have been short-listed will be invited to submit a Proposal in response to the RFP.

g. The SOQ scores will be carried forward and included in the final evaluation and selection.

h. Consultants, subconsultants, subcontractors, and individual Key Team Members included by the Design-Builder in the SOQ (collectively “Team Members”), will be used as a basis for selection. Substitution of Team Members at any time during the solicitation process and in the performance of the work will not be allowed without prior written authorization from the District, which shall not be unreasonably withheld. Even with written authorization from the District, a change to any submitted Team Member will result in re-evaluation and may result in a change to the evaluation and ranking of the Proposer.

mailto:[email protected]



i. Once shortlisted, neither the Proposer nor Team Members that are submitted to the District as part of the SOQ or Proposal pursuant to the RFP may substitute a listed consultant, subconsultant or subcontractor, or any individual listed as a Key Team Member without written permission by the District. Such permission will not be unreasonably withheld.

2. Request for Proposal (RFP), Proprietary Meeting & Selection Process

a. The District will issue the RFP to the shortlisted Finalists. The RFP will further explain the evaluation criteria, Proprietary Interactive Meetings, and other elements of the RFP process.

b. There may be certain sensitive plans and drawings that could be used in connection with pieces of work under this contract that would be considered “confidential information”. The Federal Energy Regulatory Commission (FERC) has established regulations for the protection of sensitive plans, drawings, and records defined as critical energy infrastructure information (CEII) and confidential cultural resource information. Per the FERC regulations, and using them as guidance, the District will, with the RFP, identify and designate certain information as CEII and confidential. All Proposers responding to the RFP must fill out and return the Application for Pre-qualification and Nondisclosure Agreement between Applicant and Public Utility District No. 1 of Okanogan County, WA that will be provided with the RFP.

c. Prior to the submission date for Proposals, written questions will be accepted as defined in the RFP.

d. The District will conduct a group site walk through with all Finalists. The group walk through is not mandatory.

e. The District will conduct Proprietary Interactive Meetings with each Finalist as described in the RFP. The format of the Proprietary Interactive Meetings will be designed to allow the Finalists to ask the District questions regarding the Project and the District’s goals and concerns. The Proprietary Interactive meetings will also provide an opportunity for direct interaction between the Finalist and the RFP Evaluation Committee.

f. A Finalist may submit suggested proposed changes to the contract provisions or alternative technical concepts no later than the date set forth in the Schedule. The District, at its sole discretion, may revise the RFP, the contract provisions and/or program documents and issue an addendum to all Finalists.

g. Finalists will submit a Management Proposal and Price Proposal in accordance with the solicitation schedule. Finalists are encouraged to include their best prices in their proposals.

h. The Price Proposal(s), described below, will be submitted in separate email(s) from the Management Proposal, with the words “Price Proposal” or “Alternate Price Proposal”, as applicable, in the subject line of the email.

i. Finalists will be allowed to submit an Alternate Price Proposal to provide financing, operations, and maintenance services in addition to the design-build services. The District will evaluate the Alternate Price Proposals according to the same criteria



set forth in the RFQ and RFP. The District’s preference is to select a Design-Builder with the capacity to provide financing, operations and maintenance services; therefore, Proposers are encouraged to submit an Alternate Price Proposal.

j. The District will establish an Evaluation Committee to review and evaluate Statements of Qualifications and Proposals. The Evaluation Committee will evaluate the SOQs and Proposals solely in accordance with the published evaluation criteria.

k. At its sole discretion, the District may ask written questions of Proposers and Finalists, seek written clarifications, and conduct discussions on SOQs and Proposals.

l. The District will provide a written notification to all Finalists of the selection decision and make a selection summary of the final proposals available to all Proposers within two business days of the written notification.

m. The District will initiate negotiations with the Finalist submitting the highest scored proposal. If the District is unable to execute a contract with the Finalist submitting the highest scored Proposal, negotiations with that Finalist may be suspended or terminated, and the District may proceed to negotiate with the next highest scored firm. The District will continue in accordance with this procedure until a contract agreement is reached or the selection process is terminated.

3. Price Proposal

a. Price Proposal: Finalists will submit a price proposal that will provide the following information:

i. Hourly rates for the personnel listed in the Proposal;

ii. Level of Effort description and Not to Exceed Amount for the Validation Period; and

iii. Design-Builder’s Profit and Overhead as a percent of the Cost of the Work. The definition of Profit and Overhead will be included in the form Design-Build Contract with the RFP.

b. Alternate Price Proposal: Finalists will be allowed to submit an Alternate Price Proposal to provide financing, operations, and maintenance services in addition to the design-build services. The District will evaluate the Alternate Price Proposals according with the same criteria set forth in the RFQ and RFP. The District’s preference is to select a Design-Builder with the capacity to provide financing, operations and maintenance services; therefore, Proposers are encouraged to submit an Alternate Price Proposal.

4. Evaluation and Ranking of Proposers

In the evaluation and ranking of Proposers, the District will consider the information submitted in the SOQ and the Proposal with respect to the evaluation criteria set forth in the RFQ and RFP. The result of the evaluation will be a comparative ranking of Proposers.



For the purpose of selecting and evaluating Proposers, the evaluation criteria will be given the following relative weights:

a. SOQ and Technical Proposal

Item Description Weight

SOQ Total 30%

Team Organization and Qualifications 10%

Demonstrated Experience with Successful Projects of Similar Scope and Complexity

10%

Engineering, Permitting, and Design Experience 5%

Construction Experience 5%

Proposal Total 50%

Overall Management Approach 20%

Engineering, Permitting and Regulatory Compliance 10%

Project Scheduling, Procurement and Construction Management

10%

Project Controls, Cost Tracking and GMP Development 10%

Proprietary Interactive Meetings

Total 20%

TOTAL Total 100%

b. Price Proposal

i. Award will be made to the firm with the highest score from the scoring criteria above offering the best value to the District in terms of both design quality and price. The District will first evaluate the non-price factors prior to disclosing the Final Price Proposals to the evaluators. After the non-price factors are evaluated, the evaluators will determine the best value to the District. In determining the best value, the District will evaluate both price and non-price factors. The best value proposal will be selected using a process that permits tradeoffs between price and non-price factors. The District reserves the right to determine that the best value to the District is not the lowest Final Price Proposal. The District may select other than the lowest cost proposal where the perceived benefits of a higher cost proposal merit the additional cost. Conversely, the District may select a lower cost, lower rated proposal if it is determined that the premium associated with the higher cost, higher rated proposal is not justified.

ii. Alternate Price Proposal. The District will evaluate any Alternate Price Proposals which include Finance, Operations and Maintenance services submitted pursuant to the directions set forth in the RFP and in accordance with the same best value analysis set forth above. Although submission of an Alternate Price Proposal is optional for all Finalists, the District prefers a



design-build, finance, operate, maintain approach, and the District reserves the right to give greater weight to a reasonable Alternate Price Proposal that meets the District’s needs.

E. Contract Format

The District will enter into negotiations with the highest scored Finalist for the Design-Build Agreement. The Design-Build Agreement is anticipated to follow the format below:

1. The Design-Builder will be compensated initially on the basis of cost plus the Fee submitted with the Design-Builder’s Price Proposal with a guaranteed maximum price (“GMP”). After the Validation Period, the contract will allow the District to be able to have the flexibility to negotiate various commercial terms, including but not limited to fixed price, unit prices, lump sum Fee or General Conditions, or cost plus Fee with a GMP. Other elements of the compensation to the Design-Builder are anticipated to include an incentive plan for performance based objectives, cost savings, achievement of schedule milestones, and safety.

2. The Design-Build Agreement will have several phases. A general description of those phases is below:

a. Validation/Proposal Development Period: The Validation/Proposal Development Period occurs just after the parties enter into the Design-Build Agreement and lasts for approximately 90 days. During this Period, the Design-Builder will, among other duties, perform the following tasks:

Verify and validate all information provided by the District;

Work collaboratively with the District to establish the Final Basis of Design Documents, the Project Schedule and the Project Cost; and

Provide a Proposal to the District to establish the Project Schedule and the Project Cost.

At the conclusion of the Validation/Proposal Development Period, the parties will enter into an amendment to the Design-Build Agreement to incorporate the Design-Builder’s Proposal, provided the parties arrive at agreement on the relevant terms to the Proposal.

b. Contract Execution Period. During the Contract Execution Period, the Design-Builder completes the permitting, design and construction pursuant to the Final Basis of Design Documents, the Project Cost and the Project Schedule.

SECTION IV SOQ DOCUMENTATION REQUIREMENTS

A. Submittals

Proposers will submit SOQs pursuant to the following instructions:

B. SOQ Organization

SOQs shall consist of the following parts:

1. Letter of Interest

2. Minimum Qualifications



a. Statement of Proposer’s Ability to Provide Performance and Payment Bond. (See Exhibit C)

b. Statement of Proposer’s Ability to Meet the District’s Insurance Requirements. (See Exhibit D)

3. Technical and Management Qualifications

a. Team Organization and Qualifications.

b. Demonstrated Experience of Successful Projects of Similar Scope and Complexity.

c. Engineering, Permitting, and Design Experience.

d. Construction Experience.

4. Identification of Projects

5. Corporate Structure Questionnaires

C. SOQ Format Requirements

The SOQs shall comply with the following format requirements:

1. SOQs shall be formatted in searchable .pdf format.

2. Section 3 of the SOQ, Technical and Management Qualifications, when printed, shall be limited to a maximum of twenty five (25) pages.

3. Section 4 of the SOQ, Identification of Projects, when printed, shall be limited to a maximum of five (5) pages.

4. For all sections of the SOQ, the following shall apply:

a. The only documentation that is not included in the page counts set forth above is the following:

i. Letter of interest;

ii. Statement of Proposer’s Ability to Provide Performance and Payment Bond;

iii. Statement of Proposer’s Ability to Meet the District’s Insurance Requirements;

iv. Corporate Structure Questionnaires;

v. Resumes of Key Team Members;

vi. Divider tabs, provided that they contain no substantive content; and

vii. Cover pages, provided that they contain no substantive content.

b. SOQs with sections that exceed the page limit may be rejected. The District, at its sole discretion, reserves the right to remove pages from the sections of any non-conforming SOQ submittals to bring each non-conforming SOQ submittal section within the page count requirement.

c. A “page” shall be defined as, when printed, one 8.5 x 11 inch single-sided



piece of paper that has words, charts, tables, pictures, or graphics.

d. The font should be no smaller than 10 point.

SECTION V SOQ EVALUATION CRITERIA AND SUBMITTAL INFORMATION

A. Letter of Interest (No points)

The SOQ must include a cover letter containing the name, address, business and mobile telephone numbers, and e-mail address of the Proposer and the principal contact person. The Letter of Interest shall also include the following: (1) name, address, telephone number and e-mail address for all major consultants, sub-consultants and/or subcontractors for the Project and (2) the type of firm or organization (corporation, partnership, joint venture, etc.) that will serve as the prime contracting party. The letter of interest may be a maximum of two (2) pages.

B. Minimum Qualifications

1. Statement of Proposer’s Ability to Provide Performance and Payment Bond (Pass/Fail)

As a mandatory minimum requirement the Proposer must have a bonding capacity of not less than $35 million and the ability to obtain a performance and payment bond. Proposer shall provide a letter from Proposer’s surety company or underwriter confirming bonding capacity. Any Proposer who fails to meet this mandatory minimum requirement will not be considered further by the District in this solicitation process. The surety shall be a company qualified and registered to conduct business in the state of Washington.

2. Statement of Proposer’s Ability to Meet the District’s Insurance Requirements. (Pass/Fail)

As a mandatory minimum requirement, the Proposer must establish that it has the ability to meet the minimum insurance requirements as set forth in the attached draft Insurance Requirements (Exhibit D). Proposer shall provide a letter from Proposer’s insurance broker (or agent) confirming its commitment to insure Proposer if selected to perform the Project. Any Proposer who fails to meet this mandatory minimum requirement will not be considered further by the District in this solicitation. The insurer shall be a company qualified and registered to conduct business in the state of Washington.

C. Technical and Management Qualifications

The SOQ shall demonstrate the Design-Build Team’s ability to undertake the Project by providing the following technical and management qualifications of the Proposer and its consultants, subconsultants, subcontractors, and individual Key Team Members. The Proposer is responsible for ensuring that contact information contained in their referenced project profiles is correct. The inability to contact a reference may have a detrimental impact on the evaluation of qualifications.

Emphasis will be placed on expertise and experience in performing substantive work on projects that are “similar scope and complexity” to this project within the last ten (10) years. Priority will be given to successful projects in which Proposer and/or its consultants, subconsultants, subcontractors and/or individual Key Team Members had substantial responsibility for their respective scopes of work and worked together as a team. The



District reserves the right to conduct reference checks and/or verify the information provided in the SOQ. The District also reserves the right to use the information obtained during the reference checks in scoring the Proposer.

The SOQ will be evaluated on the following technical and management qualifications:

1. Team Organization and Qualifications

a. Key Team Member Qualifications

i. Provide an organization chart (showing Key Team Members and their firm affiliation) for all phases of the project from design through final acceptance and warranty and maintenance period. Be certain to identify specific individuals for key functions and show interrelationships and reporting hierarchy. At a minimum identify the Key Team Members performing the following functions. Note that the same individual can perform multiple functions.

1) Executive with overall responsibility and signature authority for DB.

2) Project management and supervision.

3) Civil/structural engineering design of site development, dam modifications, waterways, outlet works, powerhouse.

4) Geotechnical engineering.

5) Planning and oversight of controlled blasting.

6) Engineering, procurement and installation of the turbine-generator package.

7) Engineering of hydraulic valves, gates and mechanical equipment.

8) Engineering of electrical and control equipment.

9) Permitting and regulatory compliance.

10) Construction planning, scheduling and management.

11) On-site field supervision.

12) Quality control.

13) Value engineering, cost estimating, budgeting and project controls.

14) Financing. (optional)

15) Operations and maintenance. (optional)

ii. Provide a resume for all Key Team Members. Resumes should be no longer than 1 page and should include the following information:

1) Description of the key individual’s proposed project role;

2) Identification of employer and number of years employed by the firm;

3) Educational background, professional licenses, and/or certifications;

4) Experience relevant to their proposed role on the Project and how their experience will benefit this project; and



5) Proposed percentage of time that the individual will be assigned to the Project.

b. Design-Build Team Qualifications

i. Describe the corporate structure of the prime Design-Builder and complete the corporate structure questionnaire for the Design-Builder, Exhibit E. If the prime Design-Builder is a Joint Venture, all Joint Venture partners must have functional responsibilities for the Project. Describe the duties of each Joint Venture partner and provide a copy of the Joint Venture Agreement. Provide corporate structure questionnaires for each subconsultant or subcontractor proposed on the Design-Build Team.

ii. Provide a description of the role of each Design-Build Team Member.

iii. For each Design-Build Team Member, identify all lawsuits, claims, including but not limited to any fines, investigations, and/or stop work orders associated with environmental issues (collectively “Claims”), filed in any court or public administrative body in which the Design-Build Team Member, or any company owned or controlled by the Design-Build Team Member, is a party asserting a claim on a design or construction contract. For Claims in Washington, identify those filed in the last ten years. For Claims against the District, identify all Claims filed at any time. With each Claim, identify the name of the parties, the court or administrative body, and the case number or identifying information for the case. Also identify the amount of the original Claim as well as the amount ultimately recovered.

2. Demonstrated Experience of Successful Projects of Similar Scope and Complexity

The purpose of this section is to identify and summarize the experience of the Design-Build Team that is relevant to the Enloe Project. Responses should address the issues stated below and may also include any other issues that are deemed pertinent by the Proposer.

a. Describe Team’s experience in successfully managing Design-Build (or a similar integrated delivery model) Projects of Similar Scope and Complexity to clients to include management and communications of an integrated team of design consultants, subcontractors and owners, partnering, and dispute resolution. Include a description of any issues or problems that arose on the project and how those issues or problems were resolved.

b. Describe the Team’s experience in progressive Design-Build projects where the Design-Builder assists the owner in developing the scope of the project and negotiating the GMP and/or Contract Price after contract award.

c. Describe the Team’s experience in developing integrated design and construction schedules for Projects of Similar Scope and Complexity.

d. Describe the Team’s experience in value engineering to improve project economics or development.



e. Describe the Design-Builder’s experience in financing, operations and maintenance of Projects of Similar Scope and Complexity. (If applicable)

3. Engineering, Permitting, and Design Experience

a. Describe the Team’s experience with designing and permitting Projects of Similar Scope and Complexity. Include a description of any issues or problems that arose on the project and how those issues or problems were resolved. Focus specifically on the following experience:

i. Retrofit of small hydro power plants at existing dams;

ii. Design of intakes and fish exclusion facilities;

iii. Design of deep excavations near rivers and existing infrastructure;

iv. Engineering, specification, and procurement of similar turbine generator equipment packages, that include axial flow, propeller turbines with adjustable blades and wicket gates (Kaplan turbines).

v. Implementation of and compliance with various regulatory approvals and conditions, including but not limited to FERC license, Clean Water Act 401 certification, BLM right-of-way permit, etc.

vi. Securing additional required permits and approvals in cooperation with the District, including but not limited to Clean Water Act 404 permit, WDFW hydraulics approval, WDNR approvals, etc.

vii. Controlling costs associated with permitting and compliance with regulatory authorities.

b. Describe the Team’s capacity for drafting designs, including but not limited to the tools used to design Projects of Similar Scope and Complexity.

c. List all professional registrations in Washington State that are relevant to the work associated with the Project. Identify the individuals with the professional registration as well as their role on the Project. Include each individual’s registration numbers.

4. Construction Experience

a. Describe the Team’s experience with construction management and construction operations for projects with Similar Scope and Complexity. Include a description of any issues or problems that arose on the project and how those issues or problems were resolved. Focus specifically on the following experience:

i. Working in remote locations, climate and river conditions similar to Enloe Dam.

ii. Working on Federal land subject to permit conditions.

iii. Construction work in rivers with anadromous fish habitat and subject to stringent water quality constraints.

iv. Controlled blasting and rock excavation near existing dams or infrastructure.

v. Installation, commissioning and performance of similar turbine-generator



equipment.

vi. Safety. Include the Washington State Department of Labor and Industries Experience Rating for each proposed member of the Design-Build Team. If any member of the proposed Design-Build Team has an experience rating higher than 1.0, please provide an explanation for the rating.

b. Include in the narrative the Team’s approach to the following:

i. Sequencing construction activities to maximize efficiency and minimize impact on the Owner; and

ii. Assessing whether the Design-Builder has achieved performance requirements

D. Identification of Projects (not scored)

1. For each project identified in the SOQ, provide the following information:

a. Name of project;

b. Owner/Customer;

c. Location of project (include address);

d. Description of the delivery method and integration of design and construction, and identify the firm(s) role as a prime consultant, subconsultant, contractor, subcontractor or other;

e. Project description and applicability and relevance of the referenced project to the evaluation criteria Project;

f. Name of each Key Team Member who is proposed for this contract who played a significant role on the project example, including a description of their project responsibilities and functions;

g. The initial contract price, the final contract price, and an explanation for any difference between the two amounts;

h. The initial date scheduled for substantial completion, the actual date of completion, and an explanation for any difference between the two dates; and

i. Project contact of the owner or customer (current address, e-mail, and phone number) who can verify the characteristics of the submitted project example.

2. The information required in this section can either be provided in a separate section of the SOQ, in the narrative for each of the evaluative criteria, or the Proposer can provide a separate table for the identified projects. The information provided in this section will not be scored separately. Rather, the information will be used to obtain basic information regarding the projects and determine whether projects identified in the SOQ are within the definition of Projects of Similar Scope and Complexity.

E. Corporate Structure Questionnaire

Submit a completed Corporate Structure Questionnaire for each company proposed on the Design-Build Team.



SECTION VI LIST OF EXHIBITS

A. Scope of Work

B. Protest Procedures

C. Performance and Payment Bond Requirements and Statement

D. Insurance Requirements and Statement

E. Corporate Structure Questionnaire

F. FERC License



Exhibit A Project Scope of Work

This Exhibit provides a summary description of the scope of the project for the purposes of this SOQ solicitation. The Enloe Hydroelectric Project as defined in the FERC license is as follows:

1. An existing 315-foot-long, 54-foot-high concrete gravity arch dam with an integrated 276-

foot-long central overflow spillway;

2. Three new 5-foot-high automated steel flap crest gates/flashboards;

3. An existing 76.6-acre reservoir (narrow channel of the Similkameen River) with a storage

capacity of 775 acre-feet at a surface elevation of 1,049.3 feet1 above mean sea level;

4. A new 190-foot-long intake canal on the east abutment of the dam diverting flows into the new penstock intake structure;

5. A new 35-foot-long by 30-foot-wide penstock intake structure;

6. Two new above-ground 8.5-foot-diameter, 150-foot-long steel penstocks carrying flows from the intake to the powerhouse;

7. A new powerhouse containing two vertical Kaplan turbine/generator units with a total installed capacity of 9.0 MW;

8. A new 180-foot-long tailrace channel, immediately downstream of Coyote Falls;

9. A 370-foot-long bypassed reach (of the Similkameen River);

10. A new substation adjacent to the powerhouse;

11. A new 100-foot-long, 13.2-kilovolt primary transmission line connecting the substation to an existing distribution line;

12. A side channel enhancement site2 at RM 4;

13. The entire ODIT Ditch Road;

14. The entire Enloe Dam Road; and

15. Appurtenant facilities.

The project also includes: (1) dewatering, inspection support and refurbishing of Enloe Dam, (2) addressing instream flow releases at Enloe Dam for protection of fish habitat and aesthetic values. Flow releases for aesthetics are yet to be determined (3) possible demolition and removal of all or part of existing power facilities and (4) design and construction of environmental protection, mitigation and enhancement (PM&E) facilities including but not limited to, a side channel project to enhance habitat for anadromous fish, boat ramp, and recreation facilities.

1 Elevations in the license application are to a previous USGS elevation datum (1945) i.e. not current NAVD88 datum.

2 i.e. spawning channel for anadromous fish.



Power generated by the project will be delivered to the District via its power distribution and transmission system. During operation, the project will normally be unmanned and remotely monitored from the District’s control center. The District is interested in implementing the project that best meets its objectives. If any amendments of licenses or permits are required to do so, then the DB shall address the scope, feasibility, cost and schedule impacts so that the District can make informed decisions regarding project design, permitting, regulatory compliance, costs, timelines and implementation. The FERC license, as currently amended, requires start of construction by July 9, 2017 and completion by July 9, 2018. The District anticipates applying for an amendment of these dates. The following maps and drawings are attached:

1. A copy of a map showing the project location, boundary and configuration. 2. Five Engineering drawings from Exhibit F of the license application.

Further information regarding the project is found on the District’s website at the following link: https://www.okanoganpud.org/environmental/enloe-dam-project. Additional information regarding the scope of the project, existing studies, PM&Es and District requirements will be provided in the RFP.



Exhibit B Protest Procedures

1. PURPOSE

To provide a prompt, fair and equitable administrative remedy to all Proposers and Prospective Proposers regarding the solicitation or procurement of a project, including but not limited to alleged substantive errors or omissions in the procurement documents, a decision by the District to award the Contract and/or notice from the District that a Proposal is non-responsive or that a Proposer is not responsible.

2. TIMING

Any actual or prospective Proposer showing a material economic interest in this Contract or who is aggrieved by either the solicitation or award of this Contract, may protest to the District, only in accordance with the procedures set forth below.

a. Protests Based on the Form or Content of the Solicitation Documents: Any Protest based on the form or content of the solicitation documents, which is or should have been apparent prior to the date established for submittal of Statements of Qualifications or Proposals, must be clearly labeled on the transmittal envelope as a “Protest” and filed as soon as practicable at PO Box 912, Okanogan, WA 98840, Attention: Roy Schwilke. No protest based on the form or content of the solicitation documents will be considered if received by the District later than ten (10) calendar days prior to the specified submittal date. The “solicitation documents” includes all documents issued by the District in connection with the solicitation of the project.

b. Other Protests: Protests based on any other circumstances must be received by the District at PO Box 912, Okanogan, WA 98840, Attention: Roy Schwilke in a transmittal envelope, clearly marked “Protest”, within four (4) business days from the date the Proposer was notified of any selection decision; provided, however, that in no event shall a protest be considered if all Proposals are rejected or if the protest is received after award of the Contract.

c. The District will not proceed from the Request for Qualifications phase to the Request for Proposals phase until two business days after all Proposers are notified of the selection decision for the short listed Finalists. At the request of a Proposer not selected as a Finalist, the District will provide the requesting Proposer a scoring summary of the evaluation factors for that Proposer’s Statement of Qualifications.

d. The District will notify all Finalists of the selection decision and make a selection summary available to all Finalists within two (2) business days of the notification. If the District receives a timely protest from a Finalist, the District will not execute a contract until two (2) business days after the final protest decision is transmitted to the protestor.

3. CONTENTS OF PROTEST:

a. To be considered, a Protest shall be in writing and shall include: (1) the name, street address, fax number and email address of the aggrieved party; (2) the name of the project for which the Protest is submitted; (3) a detailed description of the specific grounds for the Protest and any supporting legal and/or factual documentation; and (4) the specific ruling or relief requested.



b. Decision by the District: The Protest shall be promptly considered on the written submittal by the Director of Engineering & Operations. The Director of Engineering & Operations will give notice of the Protest and provide a copy to any others as required. In its sole discretion, the General Manager may give notice of the Protest to other interested parties, including other Proposers. The District reserves the right to resolve or to attempt to resolve any Protest that concerns the form or content of the solicitation and which Protest was received before the proposal evaluations through written addenda to the procurement documents. Any addenda will be provided to all parties who have obtained a copy of the solicitation from the District.

c. The Director of Engineering & Operations will issue a written decision on the Protest within two (2) business days following the receipt of the Protest, stating the reasons for the action taken. A copy of the decision shall be provided to the aggrieved party, and any other party as may be required, including but not limited to: (i) personal service, (ii) facsimile, or (iii) email, with telephonic confirmation.

d. The aggrieved party may appeal the decision of the Director of Engineering & Operations through the judicial process. The District will stay award of the Contract for two (2) business days, following the issuance of its decision.

4. JUDICIAL PROCEEDINGS

All judicial proceedings must be filed within four (4) business days of the issuance of the District’s decision.

5. STRICT COMPLIANCE

Strict compliance with these protest procedures is essential in furtherance of the public interest. Any aggrieved party that fails to comply strictly with these protest procedures is deemed, by such failure, to have waived and relinquished forever any right or claim with respect to alleged irregularities in connection with the solicitation or award of the Contract. No person or party may pursue any judicial or administrative proceedings challenging the solicitation or award of this Contract, without first exhausting the administrative procedures specified herein.

6. REPRESENTATION

An aggrieved party may participate personally or, if a corporation or other artificial person, by a duly authorized representative. Whether or not participating in person, an aggrieved party may be represented, at the party’s own expense, by counsel.

7. COMPUTATION OF TIME

In computing any period of time prescribed by this procedure, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period shall be included. The term “business day” shall mean any day on which the District is open for regularly conducted business. Any document received after the close of regular business hours (8:00 a.m. to 5:00 p.m.) shall be deemed received the following business day.

8. ACKNOWLEDGEMENT

By submitting a proposal in response to this solicitation, the Proposer acknowledges that it has reviewed and acquainted itself with the protest procedures herein and agrees to be bound by such procedures as a condition of submitting a proposal.



Exhibit C Performance, and

Payment Bond Instructions

The selected Design-Builder will be required to provide the following bonds for this Project:

Payment and Performance Bond in the amount of thirty-five million dollars ($35,000,000):

a. Proposers must submit a statement from their bonding company that the Proposer can meet the

bonding requirements set forth above.

b. The Payment and Performance Bond(s) shall be in the form attached hereto.



Exhibit D Insurance Requirements and Instructions

1. The Selected Design-Builder will be required to provide insurance as set forth in the attached.

2. Proposers must provide either:

a. A statement from their insurance company that Proposers can meet the insurance requirements set

forth above; or

b. An ACCORD Insurance Certificate that shows evidence of insurance that meets or exceeds the

requirements set forth above.



Exhibit E Corporate Structure Questionnaire

1. Proposers shall complete the following information for the Proposed Design-Builder and all proposed Design-Build Team Members:

Legal Name

Street Address

Mailing Address

Point of Contact

Position

Email

Telephone Number

Fax Number

Type of Business

D-U-N-S Number

Federal Tax Identification Number

WA State Contractor’s Registration Number

WA State Business License Number

2. If the Proposed Design-Builder is a Joint Venture, Proposers must:

a. Submit the above information the Joint Venture as well as for each member of the Joint Venture; and

b. Attach a copy of the Joint Venture Agreement to this form.



Exhibit F

FERC License

1. FERC License