REQUEST FOR QUALIFICATIONS FOR OWNERS’ REPRESENTATIVE SERVICES

KLAMATH RIVER DAM REMOVAL PROJECT

NOVEMBER 18, 2016

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REQUEST FOR STATEMENTS OF QUALIFICATIONS OWNER’S REPRESENTATIVE FOR THE KLAMATH RIVER RENEWAL CORPORATION’S KLAMATH RIVER DAM REMOVAL PROJECT SECTION 1 - GENERAL INFORMATION 1.1

Introduction

The Klamath River Renewal Corporation (“KRRC”) is soliciting Statements of Qualifications (SOQs) from interested and qualified consultants to serve on behalf of the KRRC as the Owner’s Representative in connection with (1) the decommissioning and removal of four hydroelectric dams on the Klamath River; (2) permitting and regulatory assistance with the dam removal process; and (3) habitat restoration and mitigation of adverse impacts (the “Project”). Respondents to this RFQ (“Respondents”) are invited to submit SOQs describing in detail their technical qualifications to perform the requested services. The issuance of this RFQ is the first step in a two-step procurement process. Only those consultants that respond to this RFQ and are shortlisted (“Shortlisted Respondents”) by the selection committee in accordance with the requirements of this RFQ will be issued a request for proposals (RFP) and invited to submit a proposal in response to the RFP. Three or more consultants are expected to be shortlisted as eligible to participate in the RFP stage of this procurement. The selected Owner Representative (including sub-consultants) will not be eligible to participate in any capacity on the dam removal contractor team (“Project Contractor”). 1.2

Background

The Project involves (1) the decommissioning and removal of the Iron Gate Dam, Copco No. 1 Dam, Copco No. 2 Dam, and J.C. Boyle Dam (the “Project Facilities”), located on the Klamath River in Klamath County, Oregon and Siskiyou County, California; (2) permitting and regulatory assistance with removal of the Project Facilities; and (3) associated site remediation and restoration and measures to avoid or minimize adverse downstream impacts. See Figure 1 for a map of the Project Facilities and the Klamath Basin. The Project Facilities were constructed between 1911 and 1962 and none of the Project Facilities were equipped with adequate fish ladders. As a result, anadromous fish, primarily salmon, have been blocked from accessing more than 400 river miles in the upper Klamath Basin for close to a century. Removal of the Project Facilities will significantly increase spawning habitat for salmon, steelhead and other affected species. Additionally, dam removal will make the water cooler and therefore more hospitable, especially during the key spawning periods, and improve water quality by mitigating or eliminating the toxic blue-green algae found in reservoirs due to the increase in moving water. The Project Facilities are currently owned and operated by PacifiCorp. 1.2.1

KHSA and KRRC

On April 6, 2016, PacifiCorp, the states of Oregon and California, U.S. Department of the Interior, U.S. Department of Commerce’s National Marine Fisheries Service, the Yurok Tribe, the Karuk Tribe, and other entities signed the amended Klamath Hydroelectric Settlement Agreement (KHSA) to resolve disputes that arose in the FERC relicensing proceeding for the Project Facilities. The KHSA provides for the transfer and removal of the Project Facilities and related Project work, and called for the creation of the KRRC. The KRRC is a 501(c)(3) organization formed to oversee the Project. 1 2730528.5 039219 PRC

1.2.2

FERC License Transfer and Surrender

On September 23, 2016, PacifiCorp and the KRRC initiated a public regulatory process before the Federal Energy Regulatory Commission (FERC) under the Federal Power Act to start review of a plan for dam removal. FERC gave public notice on November 10, 2016 of the filing by KRRC and Pacificorp of the FERC license transfer and surrender applications. The FERC project number is P-14803 (Lower Klamath Project). Following a public process and FERC approval, PacifiCorp will transfer the license for the Project Facilities to KRRC and KRRC will oversee the Project. PacifiCorp will continue to operate the Project Facilities until they are decommissioned. If approved by FERC, dam removal is expected to begin in 2020. Figure 1 The Klamath Basin

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1.3

Project Background Materials

Background materials for the Project can be accessed under the “Resources” tab on KRRC’s website at: http://www.klamathrenewal.org/resources/. SECTION 2- REQUESTED SERVICES 2.1

General

The Owner’s Representative will work under the direction of the KRRC board, executive committee and general manager in conjunction with counsel and other consultants and contractors retained by the KRRC. KRRC will make all strategic and policy decisions concerning the Project. The Owner’s Representative will assist the KRRC by providing advice and assistance with three phases of the Project: (1) Planning, Procurement and Pre-design; (2) Project Implementation; and (3) Post-Implementation. The Owners’ Representative will act as the technical representative of the KRRC to ensure that the Project is procured in accordance with KRRC board policy and completed in accordance with the Project Agreement and related documents (“Contract Documents”) within the established budget and schedule. The Owners’ Representative will provide recommendations for corrective action when actual or potential constraints to the schedule occur or unexpected costs occur. 2.2

Planning, Procurement and Pre-design Phase

The Owner’s Representative’s responsibilities during this phase are expected to include assisting KRRC in: 

Developing a critical path schedule for the Project;



Refining the estimated cost of the Project;



Developing the Project budget including the affordability ceiling;



Developing the Definite Plan as described in Section 7.2.1A of KHSA;



Making FERC submittals and responding to information requests, in conjunction with KRRC’s FERC counsel;



Conducting geotechnical, hydraulic, dam safety and environmental reviews;



Managing the regulatory and permitting processes with all non-FERC regulatory agencies, and providing the necessary technical expertise to assist the KRRC in securing required permits;



Coordinating with the California State Water Resources Control Board, the Oregon Department of Environmental Quality and other involved state and federal agencies;



Developing further Project-related background information, including: o

Dam condition assessments;

o

Site surveys;

o

Hazardous substances investigations;

o

Geotechnical investigations;

o

Decommissioning requirements;

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

Developing and implementing formal procedures and processes to enable the KRRC to identify, assess and manage Project risks;



In conjunction with the KRRC management and legal teams, assist KRRC in:

2.3

o

Establishing the final Project definition;

o

Determining the appropriate Project delivery method;

o

Preparing a request for qualifications for the Project Contractor;

o

Evaluating the statements of qualifications;

o

Preparing a Request for Proposals for the Project Contractor;

o

Conducting a pre-proposal conference and individual meetings;

o

Evaluating Proposals submitted by the shortlisted Respondents; and

o

Negotiating and finalizing the Project Agreement.

Project Implementation Phase

The Owner’s Representative’s responsibilities during this phase are expected to include assisting KRRC in: 

Facilitating a kick off/chartering meeting;



Reviewing in-progress constructability;



Identifying and address any schedule or budget issues that result from the design work;



Participating in regular Project progress meetings;



Reviewing Project Contractor submittals and make recommendations;



Reviewing Project related invoices recommendations to KRRC for payment;



Resolving Project issues that arise during Project design completion;



Providing monthly Project status reports that include updated cost and schedule reports and that identify any current or potential issues;



Providing on-site representatives to monitor dam removal and habitat restoration and mitigation;



Notifying KRRC if the work of the Project Contractor is not being performed in accordance with the requirements of the Contract Documents;



Conducting regular on-site meetings with the Project Contractor and other team members including representatives of KRRC;



Monitoring the maintenance of the construction schedule and budget;



Maintaining Project construction records;



Providing timely responses to requests for information from the Project Contractor;



Providing timely response to Project Contractor requests for change orders;



Developing a punch list and monitor implementation and completion of punch list items;

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and

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

Providing advice and assistance to KRRC in resolving construction issues, claims and disputes; and



Recommending appropriate levels of contingency to carry during all phases of the Project.

2.4

Post-Implementation Phase

The Owner’s Representative’s responsibilities during this phase are expected to include assisting the KRRC in: 

Managing the close-out of the Project Agreement including completion of final punch list items;



Accompanying representatives of KRRC on a final walk through the dam removal and habitat restoration sites;



Analyzing all claims for extra compensation made by the Project Contractor;



Assisting in resolving claims that KRRC may have against the Project Contractor;



Assisting with any legal proceedings;



Providing analysis of the cost of the completed Project;



Finalizing record drawings; and



Turning over Project records to KRRC.

SECTION 3– PROCUREMENT PROCESS 3.1

RFQ and Qualifications Submittal

This RFQ is the first step in the procurement process for the selection of the Owner’s Representative. In order to be eligible to submit a proposal in response to the forthcoming RFP (“Proposal”), a response must be received to this RFQ, the Respondent must be shortlisted by the KRRC’s Selection Committee, and the Respondent must have received an RFP. Using the criteria established in Section 5, the KRRC’s selection committee will evaluate the general and technical qualifications of Respondents based on SOQs received in accordance with Section 4, as well as clarifications submitted by Respondents in response to KRRC requests, discussions with references, and analysis of other publicly-available information. During the evaluation of SOQs, the Owner shall have the right to seek clarification from Respondents. The SOQ evaluation process is further described in Sections 4 and 5. 3.2

RFP and Proposal Process

During the second phase of the procurement for Owner’s Representative, an RFP will be issued to each Shortlisted Respondent. The RFP will specify the requirements for submission of the Proposer’s Project approach, schedule recommendations, and rates for professional services. Details related to the Proposal evaluation process will be included in the RFP. SECTION 4– SUBMITTAL REQUIREMENTS 4.1

General Instructions

Respondents must follow the requirements stated in this RFQ. Adherence to these requirements will ensure a fair and objective analysis of each SOQ. SOQs should provide a 5 2730528.5 039219 PRC

clear, concise description of the Respondent’s capabilities to satisfy the requirements of this RFQ. 4.1.1 Submittal Date and Address Respondents to this RFQ must submit ten hardcopies and one electronic copy (in the form of a flash drive, containing a single Adobe Portable Document Format (PDF) file) of the SOQ to the KRRC on or before December 2, 2016 at 5:00 p.m. PST. SOQs received after this deadline will not be considered and will be returned unopened. Respondents shall submit the SOQ in a sealed envelope marked “RFQ for Owner’s Representative, Klamath River Renewal Corporation – Klamath River Dam Removal Project.” Sealed SOQs must be addressed and submitted to: Klamath River Renewal Corporation 423 Washington Street, 3rd Floor San Francisco, California 94111 Attn: Peter Okurowski Re: Owner’s Representative RFQ 4.1.2 Questions and Clarifications Questions, requests for information and clarifications from interested parties, Respondents and any of their representatives shall be made in writing to the KRRC via email to the following address: [email protected], attention Peter Okurowski. Written questions should include the requestor’s name, e-mail address and the Respondent represented and are to be submitted prior to the close of business on November 28, 2016. Questions shall include “Owner’s Representative, Klamath River Renewal Corporation – Klamath River Dam Removal Project” in the subject line of the email message. Questions may also be directed by telephone to Peter Okurowski at 415-820-4422 prior to November 28, 2016. Responses to all timely and appropriate questions will be posted on KRRC’s website prior to the close of business on November 30, 2016 at: www.klamathrenewal.org.

4.2

SOQ Contents

4.2.1 General SOQs shall include the information requested in each of the items identified in the following sections. The SOQ shall describe the qualifications and relevant experience of the Respondent team, and any resources that may be required to complete the tasks outlined in the SOQ. Section 4.2.2 specifies the SOQ format and length requirements. Sections 4.2.3 through 4.2.5 describes the elements that each SOQ must contain in order to be deemed responsive. SOQs that do not meet these submittal requirements may be deemed to be non-responsive and may be rejected. Each SOQ will be evaluated on the basis of the completeness of the submittal, the quality of the content and the overall qualifications of the Respondent team. 4.2.2 SOQ Format and Length The submitted SOQ must be organized in accordance with the list of SOQ contents outlined in Sections 4.2.3 through 4.2.5 and must not exceed 25 pages of text, with a minimum font size of 10 point for the main text. The introductory letter, which is not included in the page count, shall not exceed 2 pages.

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Any referenced resources personnel resumes not to exceed two pages each and supporting information shall be contained in an appendix following the SOQ main text and will not be counted in the page limitation. All pertinent information shall be included in the body of the SOQ as members of the KRRC’s review committee may not review the information found in the appendix. The SOQ may include front and back covers and section dividers and these too will not be included in the page count limitation. The KRRC prefers straightforward, concise and complete SOQs that demonstrate the Respondent’s understanding of the Project and the capabilities of the Respondent team. 4.2.3 Introductory Letter Key elements of the SOQ may be summarized in the introductory letter. In addition, this part element of the SOQ shall include the following:. 

The name of the Respondent and printed name, signature, title, telephone, fax and email address of the officer of the Respondent authorized to represent the Respondent in any correspondence and negotiations and execute all required documents; and



The address of the primary office of the Respondent that will be providing the Owner’s Representative services. Included with this information should be name of the Respondent’s project manager for this effort and his or her contact information (telephone, fax, email).

4.2.4 Personnel Qualifications The SOQ should provide information about each member of the Respondent’s Project team, including relevant work experience, educational background and training and other demonstrated competency that is relevant to the Project, including: 

An organization chart with the key Project team members clearly identified and a description of the organizational structure that will be used to manage the Project;



Assurances that the Respondent’s project manager will be continuously available to serve in that capacity for the duration of the Project;



Identification of other key personnel or sub-consultants that will provide the Owner’s Representative services;



Information regarding the qualifications, professional registrations, certifications and other relevant experience of the key Project team members and sub-consultants;



Demonstrated relevant work experience, including performance of similar services on similar projects by Project team members within the past five years; and



Demonstrated ability of key Project team members to provide similar professional services on time and within budget.

The KRRC stresses the need for continuity and for this reason it expects that no changes of key personnel by the selected Owner’s Representative team be made throughout the duration of the Project. Changes or substitution of key personnel on the Respondent team after submission of the SOQ will not be permitted without prior approval by the KRRC.

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4.2.5 Relevant Experience The SOQ shall include a brief professional work history of relevant projects as it relates to the capabilities of the Respondent’s firm, key Project team members and any sub-consultants. Relevant projects should include only projects that had significant input from individuals who will be assigned to work on this Project. The following should be addressed: 

Describe relevant projects by name, type, location and date, performed within the past five years that best characterize high level work quality and cost control. Provide detailed information on the type of project work done as outlined in the requested services of this RFQ. Include contact information (name, role on the referenced project, phone number and email address) for each project work reference. Identify the roles of key Project team members who were involved in the reference project and their specific work responsibilities;



Describe the Respondent’s experience with alternative delivery methods;



List the types and length of experience the Respondent’s firm has with respect to design, dam removal, and oversight with respect to hydroelectric facilities, including areas of expertise;



Describe the Respondent’s experience with coordinating permitting and regulatory processes for similar projects;



Describe the Respondent’s experience with habitat restoration and mitigation of adverse impacts from dam removal and similar projects; and



Provide information on at least two relevant projects where the Respondents developed and implemented a creative/innovative solution to accomplish their client’s goals.

4.2.6 Potential Conflicts of Interest Respondents shall identify and discuss as appropriate any potential conflicts of interest that may arise in performing the Owner’s Representative services for KRRC, including potential conflicts of interest with the State of California; the State of Oregon; Klamath County, Oregon; Siskiyou County, California; Pacificorp; and involved federal agencies, including FERC and the U.S. Army Corps of Engineers. 4.3

Schedule for Owner’s Representative Section

A summary of the anticipated schedule of the major activities associated with this Owner’s Representative solicitation process is presented below. Date

Activity

November 18, 2016

Issue RFQ

December 2, 2016

Responses to RFQ Due

December 16, 2016

Issue RFP to Shortlisted Respondents

January 20, 2016

Responses to RFP Due

Late January, 2016

Interviews

Early February, 2016

Selection of Preferred Proposer

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February, 2016

4.4

Professional Services Contract Award

Response Date

To be considered, SOQs must be delivered to the KRRC on or before the date and time specified in Section 4.1 of this RFQ. Mailed SOQs should allow sufficient delivery time to ensure timely receipt of the SOQs. 4.5

Reimbursement

The KRRC accepts no liability for the costs and expenses incurred by the Respondents in responding to this RFQ, responses to clarification requests, and any other activities included as part of this procurement process. 4.6

Clarifications

The KRRC may contact the Respondent for any clarification that may be necessary to understand the SOQ. Any changes or clarifications will be documented in writing. 4.7

SOQ Withdrawal

Any SOQ may be withdrawn at any time before the SOQ due date specified in Section 4.1 of this RFQ by providing a written request for the withdrawal of the SOQ to the KRRC. Withdrawal of a SOQ will not prejudice the right of the Respondent to file a new SOQ. 4.8

KRRC Reserved Rights

The KRRC expressly reserves the following rights: 

To reject any or all of the SOQs or portions thereof;



To waive any defect, irregularity, or technicality in the SOQs received;



To cancel this RFQ in whole or in part at any time:



Issue one or more amendments to this RFQ to extend the due date for the SOQs or any other reason; or



Take any other action affecting the RFQ process, the RFP process, or the Project that would be in the best interests of the KRRC.

SECTION 5- EVALUATION AND SELECTION PROCESS The SOQs will be evaluated with reference to the submittal requirements set forth in Section 4 of this RFQ. The submittals will be reviewed by a selection committee appointed by the KRRC’s Board of Directors (the “Selection Committee”). The selection committee will shortlist the Respondents deemed to be the most qualified to provide the Owner’s Representative services by the selection committee based on the evaluation criteria set forth in this section. SECTION 6- ANTICIPATED PROJECT PROCUREMENT AND IMPLEMENTATION SCHEDULE The services of the Owner’s Representative are expected to commence in the first quarter of 2017, and the planning, procurement and pre-design phase is expected to conclude with the execution of the Project Agreement in the fourth quarter of 2018. The Project implementation 9 2730528.5 039219 PRC

phase is expected to begin in early 2019, with dam removal completed by the fourth quarter of 2020.

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