191BWC24R0001_SBIWTP_Rehabilition_and_Expansion_SOW_20240103.pdf

Front Cover

International Boundary and Water Commission United States and Mexico United States Section

Design-Build Scope of Work South Bay International Wastewater Treatment Plant SBIWTP Rehabilitation and Expansion PDB San Diego County, California

RFP 191BWC24R0001

January 3, 2024

United States Section Construction Management Division El Paso, Texas

This Scope of Work may be reprinted after Contract award using the awarded Contract number instead of the Solicitation number currently shown. The reprint shall have all changes indicated incorporated.

Reissuance of the awarded Scope of Work with the Contract number will proceed without an amendment or modification.

Reissuance with the Contract number will NOT result in a new date being displayed on the Scope of

Work.

PLEASE NOTE - Scope of Work should be printed double sided.

Please conserve paper and print double sided.

Changes related to this January 3, 2024 document in comparison to the December 8, 2023 version.

All changes are highlighted within the document.

• Section 00.31.00.01 1.4.A. had two reports added

• Section 00.31.19.01 1.4.F. added

• Section 00.31.32.01 1.3.B. had a report added

• Section 01.20.05.01 1.7.C. revised

• Section 01.29.00.01 1.9.C. deleted

• Section 01.91.13.01 1.9. revised

USIBWC South Bay International Wastewater Treatment Plant

December 8, 2023 Division 00 USIBWC RFP 191BWC24R0001 Procurement and Contracting Requirements-Page 1

United States Section

SCOPE OF WORK

DIVISION 00

PROCUREMENT AND CONTRACTING

REQUIREMENTS

SBIWTP Rehabilitation and Expansion PDB US International Boundary & Water Commission South Bay International Wastewater Treatment Plant

Procurement and Contracting Requirements Division 00

Division 00-Procurement and Contracting Requirements

Division 00 December 8, 2023 Procurement and Contracting Requirements-Page 2 USIBWC RFP 191BWC24R0001

This page intentionally left blank for double sided printing.

December 8, 2023 Table of Contents Governing USIBWC RFP 191BWC24R0001 00.01.10.01-Page 1

SECTION 00.01.10.01

TABLE OF CONTENTS GOVERNING

00.01.10.01 Table of Contents Governing 00.01.10.01-Table of Contents Governing

Table of Contents

DIVISIONS AND SECTIONS

Division 00-Procurement and Contracting Requirements

00.01.10.01-Table of Contents Governing

00.21.13.01-Instructions to Bidders

00.23.00.01-Progressive Design-Build Procurement Definitions

00.24.00.01-Procurement Scope

00.31.00.01-Project Information

00.31.13.01-Project Time Constraints & Milestones

00.31.19.01-Existing Condition Information

00.31.21.01-Survey Information

00.31.24.01-Environmental Information

00.31.26.01-Existing Hazardous Material Information

00.31.32.01-Geotechnical Data

00.31.43.01-Permit Application

00.60.00.01-USIBWC Forms and Standard Documents

00.70.00.01-Delivery of Data to USIBWC

00.70.13.01-Project Data

00.72.00.01-General Conditions

00.73.63.01-Security Requirements

00.73.73.01-Requirements for Controlled Unclassified Information

00.90.00.01-Revisions, Clarifications, and Modifications

Division 01-General Requirements

01.20.00.01-Measurement and Payment

01.20.05.01-Progressive Design Build Cost Estimate

01.29.00.01-Payment Procedures

01.29.15.01-Certified Payroll

01.31.00.01-Project Coordination

01.31.19.01-Project Meetings

01.31.75.01-Code of Business Ethics

01.31.83.01-Coordination with USIBWC's Operations

01.32.16.01-Progress Schedule

01.32.33.01-Photographic Documentation

01.33.00.01-Submittal Procedures

01.33.16.01-Design Submittals

01.33.33.01-Document Requirements

01.35.23.01-Safety

01.40.00.01-Quality Requirements

01.41.00.01-Regulatory Requirements

01.42.00.01-References

01.43.26.01-Testing and Inspection Agencies

01.51.00.01-Temporary Utilities

Table of Contents Governing December 8, 2023 00.01.10.01-Page 2 USIBWC RFP 191BWC24R0001

01.52.13.01-Field Offices and Sheds

01.55.00.01-Vehicular Access and Parking

01.57.00.01-Temporary Controls for Work Areas

01.57.19.01-Temporary Environmental Controls

01.58.00.01-Project Identification

01.61.00.01-Common Product Requirements

01.61.16.01-Use of Recovered Materials and Biobased Products

01.71.13.01-Mobilization

01.74.19.01-Construction Waste Management and Disposal

01.77.19.01-Construction Closeout Requirements

01.78.23.01-Operations and Maintenance Data

01.78.36.01-Warranties

01.78.39.01-Record Drawings

01.79.00.01-Demonstration and Training

01.80.05.01-General Design Requirements

01.80.23.01-General Structural Requirements

01.80.26.01-General Concrete Criteria

01.81.19.01-General Accessibility Criteria

01.81.63.01-General Civil/Architectural Requirements

01.84.00.01-Interior Design Requirements

01.86.13.01-Fire Protection Requirements

01.86.16.01-Plumbing Requirements

01.86.19.01-HVAC Requirements

01.86.29.01-Electrical Requirements

01.86.36.01-SCADA Design Requirements

01.86.59.01-General Security Requirements

01.88.00.01-General Construction Requirements

01.88.59.01-General Geological Materials Requirements

01.89.16.01-Site Improvements Requirements

01.91.13.01-General Commissioning Requirements

Division 02-Existing Conditions

02.00.01.01-Existing Conditions & Facilities

02.21.00.01-Surveys

02.21.13.01-Cultural Resources Surveys

02.22.13.01-Existing Conditions Assessment

02.26.23.01-Asbestos Assessment

02.82.00.01-Asbestos Remediation

Scope of Work Tables

Table 1 - CLIN 001 (Design and Preconstruction) Schedule of Values

Table 2 - Cost Estimate Summary

Table 3 - Required Minimum Biobased Content

Table 4 - Required Minimum Recovered Content

December 8, 2023 Table of Contents Governing USIBWC RFP 191BWC24R0001 00.01.10.01-Page 3

Table 5 - Minimum Warranties

Table 6 - Warranty Priority Code A

Table 7 - Warranty Priority Code B

Table 8 - Warranty Priority Code C

Table 9 - Warranty Priority Code D

Table 10 - Component Life Expectancy Requirements

Table 11 - Minimum Space Requirements

Table 12 - Overdesign to Meet Compressive Strength Requirements (1)

Table 13 - Overdesign to Meet Compressive Strength Requirements (2)

Table 14 - Duration of Curing

Table 15 - Piping Schedule

Table 16 - Recommended Asbestos Abatement Methods Summary

Scope of Work Figures

Figure 1 - Tijuana River Watershed

Figure 2 - SBIWTP Project Area (Source: Google Earth)

Figure 3 - SBIWTP Existing Flow Schematic (Adapted from PG Environmental, 11/9/2021)

Figure 4 - SBIWTP Expansion per EPA USMCA Study Alternative I-2

Figure 5 - Fillable Form (not printed)

Figure 6 - Printed Fillable Form

Figure 7 - Design-Build QA Organizational Chart

Figure 8 - Sample Project Sign

Figure 9 - Equipment Tag Example

Figure 10 - Hierarchy Components for Design Criteria

--End of Section--file:///D:/191BWC24R0001%20SBIWTP%20Expansion/03-SOW,%20IGE%20&%20PR/SOW/191BWC24R0001_SBIWTP_Rehabilition_and_Expansion_SOW_20240103.docm%23_Toc155172267 file:///D:/191BWC24R0001%20SBIWTP%20Expansion/03-SOW,%20IGE%20&%20PR/SOW/191BWC24R0001_SBIWTP_Rehabilition_and_Expansion_SOW_20240103.docm%23_Toc155172268 file:///D:/191BWC24R0001%20SBIWTP%20Expansion/03-SOW,%20IGE%20&%20PR/SOW/191BWC24R0001_SBIWTP_Rehabilition_and_Expansion_SOW_20240103.docm%23_Toc155172269

Table of Contents Governing December 8, 2023 00.01.10.01-Page 4 USIBWC RFP 191BWC24R0001

December 8, 2023 Instructions to Bidders USIBWC RFP 191BWC24R0001 00.21.13.01-Page 1

SECTION 00.21.13.01

INSTRUCTIONS TO BIDDERS

00.21.13.01 Instructions to Bidders 00.21.13.01-Instructions to Bidders

PART 1 - GENERAL

1.1. SECTION INCLUDES

Part 1 - General

1.1. Section Includes

1.2. Reference Standards

1.3. Measurement and Payment

1.4. Definitions

1.5. Duty to Inquire

1.6. Investigation of Site Conditions

1.7. Bid Items

1.8. Statement of Work

1.9. Bid Submission

Part 2 - Products (Not Used)

Part 3 - Execution

3.1. Requests for Interpretation (Duty to Inquire)

--End of Section--

1.2. REFERENCE STANDARDS

1.2.A. Federal Acquisition Regulation (FAR)

1. FAR 52.236-3, Site Investigation and Conditions Affecting the Work

1.3. MEASUREMENT AND PAYMENT

The work performed by the Design-Builder under this Section shall not be paid for directly but shall be included in the various Bid Items under this Contract.

1.4. DEFINITIONS

1.4.A. Within this Section, the following terms are used interchangeably.

1. Bid - Offer - Proposal

2. Solicitation - Request for Proposal - RFP

3. Bidder - Offeror - Design-Builder

1.5. DUTY TO INQUIRE

1.5.A. Bidders shall review the full Solicitation and all Contract Documents including, but not limited to, Scope of Work, Contract Drawings, USIBWC provided data, referenced items, attachments, etc. to determine the full scope of work required.

1.5.B. If during review of these items, the Bidder finds discrepancies, omissions, conflicts, defects, errors, or ambiguities, they have a duty to inquire. The Bidder shall also inquire about items that are open to interpretation.

Instructions to Bidders December 8, 2023 00.21.13.01-Page 2 USIBWC RFP 191BWC24R0001

1.5.C. The Bidder shall inquire about items as soon as they are discovered, whether before deadline for submission of bidder questions, whether after deadline for submission of bidder questions, whether after submission of bids, or whether after Contract award.

1.5.D. If the Bidder fails to inquire, they forfeit their right to any claim based upon said discrepancies, omissions, conflicts, defects, errors, ambiguities, or items that are open to interpretation. The Bidder shall be proceeding at their own risk based upon only their unilateral interpretation.

1.5.E. The Bidder shall take no advantage of any item of which they have a duty to inquire.

1.6. INVESTIGATION OF SITE CONDITIONS

1.6.A. The Bidder, as well as their subcontractors, is urged to visit the worksite and project area to become fully aware as to the existing conditions affecting the work to be performed under the Contract Documents. A site visit will be announced during the solicitation. Each Bidder shall attend at their own expense. The

Government will not pay for any site visits. This visit is intended to provide the potential Bidders the opportunity to observe site conditions and incorporate into their proposal any required work based onsite conditions. The Bidder will have the opportunity to walk around during the site visit. Unless otherwise noted, no other opportunity will exist for visits to the site.

1.6.B. The Bidder shall be responsible for ensuring that all of its suppliers, manufactures and subcontractors have reviewed all applicable Contract Documents relative to their work. The Bidder shall provide all labor, material, equipment, and services not provided by the Bidder's suppliers, manufacturers, fabricators, and/or subcontractors but required for complete and operable facilities as described in the

Contract Documents.

1.6.C. Bidder has the sole responsibility to make such independent investigation and examination as they deem necessary in order to satisfy themselves as to the conditions to be encountered in the performance of work and the quantities required to complete the work in accordance with the SOW.

1.6.D. The Government assumes no responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of the Bidder's officers or agents before the execution of this Contract, unless that understanding or representation is expressly stated in the Contract

Documents.

1.6.E. Any failure of the Bidder to take the actions described and acknowledged in this Section will not relieve the Bidder from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work.

1.7. BID ITEMS

1.7.A. The Contract Line Item Numbers (CLINs) that shall be bid upon are identified in Section B (bid schedule) of the Solicitation.

1.7.B. The Bidder shall include all work related costs within its bid prices even if not specifically listed in the bid schedule.

1.7.C. If an error exists on the bid schedule between the CLIN total cost provided and the resultant value of the

CLIN quantity multiplied by the bid unit price, the bid unit price provided shall govern.

1.8. STATEMENT OF WORK

1.8.A. The Government does not implicitly warrant performance specifications (SOW requirements) for complete accuracy or adequacy. Typical performance type requirements set forth an objective or standard

December 8, 2023 Instructions to Bidders USIBWC RFP 191BWC24R0001 00.21.13.01-Page 3 to be achieved, and the successful Bidder is expected to exercise their ingenuity in achieving that objective or standard of performance, selecting the means and assuming a corresponding responsibility for that selection.

1.8.B. When a particular product or manufacturer is identified by name, but permits substitution of ‘an approved equal,' such a requirement is ‘performance' in nature and, as a result, carries no implied warranty.

1.8.C. The Scope of Work is written in imperative and abbreviated form. This imperative language is directed at the Design-Builder, unless specifically noted otherwise. Incomplete sentences shall be completed by inserting "shall," "the Design-Builder shall," and "shall be" or similar mandatory phrases by inference.

The words "shall be" are to be placed by inference where a colon (:) is used within sentences or phrases.

Except as worded to the contrary, the Design-Builder shall fulfill (perform) all indicated requirements whether stated imperatively or otherwise.

1.8.D. Once a final construction price is accepted by the Government and a firm fixed price for the project or separate construction CLINs is issued, all equipment and facilities shall be furnished, installed, and constructed by the Design-Builder to provide the Government with complete, ready to use components, systems, and facilities. All necessary materials and work required to accomplish this are the responsibility of the Design-Builder alone, whether or not specifically stated in the Scope of Work.

1.9. BID SUBMISSION

1.9.A. Submission of a bid, and cost estimates under Section 01.20.05.01, shall be conclusive evidence that the

Bidder has reviewed, investigated, and acknowledged all items detailed in FAR 52.236-3 and listed below.

1. Conditions bearing upon transportation, disposal, handling, and storage of materials.

2. The availability of labor, water, electric power, and roads.

3. Uncertainties of weather and similar physical conditions at the site.

4. The conformation and conditions of the ground.

5. The character of equipment and facilities needed preliminary to and during work performance.

1.9.B. Submission of a bid, and cost estimates under Section 01.20.05.01, shall be conclusive evidence that the

Bidder has reviewed all Contract Documents.

1.9.C. Submission of a bid, and cost estimates under Section 01.20.05.01, shall be conclusive evidence that the

Bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality, and scope of work to be performed, and the quantities of materials to be furnished.

1.9.D. Submission of a bid, and cost estimates under Section 01.20.05.01, constitutes agreement that Bidder has provided written notice of all discrepancies, omissions, conflicts, defects, errors, ambiguities, or items that are open to interpretation discovered in the Contract Documents, that responses to these written notices are acceptable to Bidder, and that Contract Documents are sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing required work.

1.9.E. Bidder has the sole responsibility to make such independent investigation and examination as they deem necessary in order to satisfy themselves as to the conditions to be encountered in the performance of work and the quantities required to complete the work in a accordance with the Contract Documents. The

Government will not award a modification or additional funds for conditions that were observable but not considered by Bidder.

Instructions to Bidders December 8, 2023 00.21.13.01-Page 4 USIBWC RFP 191BWC24R0001

PART 2 - PRODUCTS

(Not Used)

PART 3 - EXECUTION

3.1. REQUESTS FOR INTERPRETATION (DUTY TO INQUIRE)

3.1.A. Bidder shall submit requests for interpretation, questions, and other concerns about the Solicitation and

Contract Documents including, but not limited to, Scope of Work, Contract Drawings, USIBWC provided data, referenced items, attachments, etc. to the Contracting Officer identified on SF-1442.

3.1.B. Such requests shall be made even if the question and answer period identified in the Solicitation has passed.

3.1.C. Failure to request interpretation prior to providing a bid shall result in the Bidder being fully responsible for any cost or time impacts involved to perform the work required.

December 8, 2023 Progressive Design-Build Procurement Definitions USIBWC RFP 191BWC24R0001 00.23.00.01-Page 1

SECTION 00.23.00.01

PROGRESSIVE DESIGN-BUILD PROCUREMENT DEFINITIONS

00.23.00.01 Progressive Design-Build Procurement Definitions 00.23.00.01-Progressive Design-Build Procurement Definitions

PART 1 - GENERAL

1.1. SECTION INCLUDES

Part 1 - General

1.1. Section Includes

1.2. Related Requirements

1.3. Reference Standards

1.4. Measurement and Payment

1.5. Progressive Design-Build Definitions

1.6. Other Project Definitions

Part 2 - Products (Not Used)

Part 3 - Execution (Not Used)

--End of Section--

1.2. RELATED REQUIREMENTS

1.2.A. Section 01.20.05.01-Progressive Design Build Cost Estimate

1.2.B. Section 01.42.00.01-References

1.3. REFERENCE STANDARDS

1.3.A. Federal Acquisition Regulations (FAR)

1.4. MEASUREMENT AND PAYMENT

The work performed by the Design-Builder under this Section shall not be paid for directly but shall be included in the various Bid Items under this Contract.

1.5. PROGRESSIVE DESIGN-BUILD DEFINITIONS

Actual Cost Cost to provide labor, material, equipment, and project overhead necessary for the work.

Construction Contract Ceiling Price The maximum amount that may be paid to the Design-Builder for the construction option scope of work. This amount is determined during the design as detailed in Section 01.20.05.01. In the private industry, this is also referred to as the Guaranteed Maximum Price.

Construction Contractor The contractor hired by the Design-Builder who performs the actual construction of the project.

Construction Cost Limit The maximum cost of construction allowable within appropriated fund amounts (budget) for a complete and usable project.

Construction Drawings The drawings provided by the Design-Builder, usually through the

Designer, to accomplish construction in concert with the Technical

Specifications.

Progressive Design-Build Procurement Definitions December 8, 2023 00.23.00.01-Page 2 USIBWC RFP 191BWC24R0001

Cost Estimate The open-book estimate prepared for each construction option and early work item for the project and progressively developed at each design milestone. The Cost Estimate includes all costs and profit. This term may also be referred to as the Project Ceiling Price Proposal.

Cost Loading The allocation of the Schedule of Values for the completion of an activity as scheduled. The sum of costs for all activities must equal the total Contract sum, unless otherwise approved by the CO or COR.

Cost of Work The sum of all costs necessarily incurred and paid by the Design-Builder in the proper performance of the construction work. The Cost of Work is developed and refined as the design progresses at each submittal of the

Cost Estimate. This term may also be referred to as the Target Cost. The

Cost of Work includes, but is not limited to, direct costs necessarily incurred in the proper performance of the work including direct labor costs, subcontract costs, costs of materials and equipment incorporated in the completed construction, costs of other materials and equipment used in the performance of the work, costs of establishing temporary facilities and controls, project related permit and license fees, cost of materials testing and related items, the cost of consultants required for any delegated design, and overhead. The Cost of Work will cover all work required in the Contract documents including the work shown on the construction drawings and the work specified in the specifications. The

Cost of Work shall exclude performance and payment bonds, builder's risk insurance, other contractually required insurances, and Firm Profit.

Design-Build A method of project delivery, combining design and construction in a single contract with one contractor (FAR 36.102).

Design-Builder The individual, partnership, limited liability company, corporation, or joint venture and all principals and representatives with which the

Contract is made by the USIBWC. The Design-Builder has full responsibility for completion of the Contract.

Design-Builder Quality System Manager The Design-Builder Quality System Manager is the individual with overall responsibility for development of and adherence to the

Design-Build Contract requirements.

Designer A subcontractor or in-house participant that leads the team furnishing the design for the project. The Designer must be registered to practice engineering in the state where the construction will occur.

Discrete Contractual Item A feature or scope of work separated from and not part of the

Construction Contract Ceiling Price. This item is bid firm-fixed price and not subject to price revision defined in FAR 52.216-17 (Deviation). The design, preconstruction services, and Contract closeout are discrete contractual items.

Early Work Item A set of activities (construction or procurement for construction) that can be clearly defined, fully designed, and separately performed, and are proposed and exercised as an option that is separate and distinct, though relate to, the construction work. These items have their own separate

USIBWC RFP 191BWC24R0001 00.23.00.01-Page 3 design deliverables and distinct Cost of Work and Construction Contract

Ceiling Price to be developed during design and negotiated as a firm-fixed price. The final established firm-fixed price for an Early Work Item scope of work is composed of the total Final Cost of Work for this item and Firm Profit fee on this Cost of Work. If the negotiated Final

Construction Price for an Early Work Item is less than the Construction

Contract Ceiling Price for this item, the Final Construction Price is eligible to be exercised as an option by the Contracting Officer and bilaterally agreed to as a separate modification by the Contractor. Award of an optional Early Work Item does not indicate, guarantee, or imply that the base construction option and expansion options will be exercised. Demolition, clearing and grubbing, or site grading are examples of an Early Work Item that can be distinctly completed separate from the main construction project.

Early Work (Item) Package The design package for an Early Work Item of the project to be released for early construction or procurement. The design package includes

100% drawings and specifications for this item.

Early Construction The start of construction of items, segments, or phases of the project prior to the full 100% project design completion. Early construction is for an early work item package to be completed separate from the base construction option.

Final Construction Price The final established firm-fixed price for the construction scope of work and is composed of the Cost of Work, Firm Profit, bonds, and insurance.

This amount is awarded and incorporated into the Contract by modification. This term may also be referred to as the Total Final Price.

This occurs once the design documents have sufficiently matured enough to be priced by the Contractor. If the negotiated Final Construction Price is less than the Construction Contract Ceiling Price, the Final

Construction Price is eligible to be exercised as an option by the CO and bilaterally agreed to as a modification by the Contractor. If the Final

Construction Price cannot be mutually agreed upon in a timely manner, in an amount less than the Construction Contract Ceiling Price, the construction scope of work will be competitively advertised as a new contract by the CO.

Final Cost of Work The final, total negotiated cost of the construction work at the scheduled production point that becomes the firm fixed price Cost of Work. This term may also be referred to as the Final Target Cost.

Firm Fixed Price Construction The final negotiated price for construction that is approved and incorporated into the Contract by modification. The firm fixed price may be settled at any point between the 60-90% design. There may be multiple firm-fixed price amounts added to the Contract to include early construction items, base construction, and optional construction phases awarded.

Firm Profit The fee percentage applied to the cost of construction work, excluding bonds and insurance. The fee is proposed by the Design-Builder and

00.23.00.01-Page 4 USIBWC RFP 191BWC24R0001 negotiated before Contract award. It represents a reasonable profit for the construction envisioned under the Contract. The percentage is converted to an amount by multiplying the established percentage times the Cost of

Work for construction and all early work items.

Government The Government usually refers to the USIBWC, its representatives, or other entities associated with the project.

Government Representative The Government Representative refers to the CO or the COR. These individuals are designated by the USIBWC to act in the capacity as the

"Government Representative" as defined by the FAR and shall be the final interpreter of any project issues that may arise in the course of the work. The USIBWC's Government Representative shall be responsible for the compliance review of the work.

Indicative Construction Ceiling Price The initial estimated amount proposed for the construction scope of work before contract award and completion of any design work. This term may also be referred to as the Initial Ceiling Price.

Indicative Cost of Work The Contractor's initial estimated amount proposed for the construction work exclusive of profit. This term may also be referred to as the Initial

Target Cost.

Key Personnel The individuals employed by the Design-Builder or subcontractors included on the project team, who fill certain key roles in delivery of the project and related services, including the positions described in the

Solicitation.

Off-Ramp Ability of the USIBWC to complete the Phase 1 of the Contract without issuing construction work to the Design-Builder. USIBWC will "off-ramp" by not awarding the construction option(s) if the Final Cost of

Work or the Final Construction Price exceed the Construction Contract

Ceiling Price; if the Design-Builder and USIBWC cannot mutually agree upon a fair and reasonable price, schedule, or risk in a timely manner within budget during the cost estimate submittal process; or, if USIBWC otherwise determines that issuance of the construction option is not in the

Government’s best interest.

Open Book Cost estimate format that openly provides all direct and indirect cost components, including contingency elements.

Owner Advisor USIBWC contractor who will perform program management, design review, construction management services, construction inspection, and field environmental monitoring for the Government. Any references to the construction inspector (CI) or field environmental monitor (FEM) are inclusive to the Owner Advisor.

Preconstruction Services All work required to complete the design and develop cost estimates for the project.

Production Point The scheduled point at which the firm-fixed price for a construction option must be settled. The firm-fixed price may be settled at any point between the 60-90% design, but no later than the 90% design.

USIBWC RFP 191BWC24R0001 00.23.00.01-Page 5

Progressive Design-Build A contracting method where the design and construction are contracted through one contract per FAR Subpart 36.3. Under the Design-Build contract type, the Government awards one contract to a designer (i.e., architect-engineer contractor) and construction constructor as a partner/team. During the design of the Progressive Design-Build

Contract, the Design-Builder and Government work collaboratively to develop the project definition, design, cost estimates, construction schedule, and final pricing. The Design-Builder and Government negotiate a final firm-fixed price and proceed to award the Construction

Option(s). During Construction, the Design-Builder completes the remaining project design, procurement, construction, commissioning, and acceptance testing activities. In the event the Design-Builder and

Government cannot agree on a price, schedule, and risk allocation, the

Government can choose to not exercise the Construction Option of the design to be performed. The Design-Builder then completes the remaining project design for completion of the contract. The Government can thereafter proceed with a new procurement and negotiate with another Design-Builder or Construction Contractor to perform the construction.

Subcontractor Procurement Plan The Design-Builder plan that sets out in adequate detail all procedures the Design-Builder will implement to procure subcontractors to perform work during the construction phase of the project. See Section

01.20.05.01.

Technical Specifications The construction specifications provided by the Design-Builder to accomplish construction of this project.

1.6. OTHER PROJECT DEFINITIONS

1.6.A. General terms, abbreviations, and definitions are shown in Section 01.42.00.01.

1.6.B. If terms are defined in both Section 01.42.00.01 and in this Section, the definition in this Section governs.

1.6.C. Progressive Design Build Delivery Method is defined as follows:

1. A delivery method whereby the Design-Builder works collaboratively with USIBWC and their

Owner Advisor to provide design and preconstruction services (Phase 1) and, once a Final

Construction Price for the option is established, provides construction services (Phase 2).

a. Under Phase 1, the Design-Builder works collaboratively with USIBWC and the Owner

Advisor to advance the design, construction schedule, and cost estimates with the following responsibilities:

(1) The Design-Builder performs an investigation of the site and other factors that will impact the project and verify all information provided by USIBWC.

(2) The Design-Builder develops design documents and finalizes a scope for the project with the design sufficiently progressed to be able to price construction services.

(3) The Design-Builder develops a cost model (Section 01.20.05.01) and provides cost estimates in conjunction with the design milestones, allowing the USIBWC to modify scope, priorities, and requirements, if necessary, based on the available budget.

00.23.00.01-Page 6 USIBWC RFP 191BWC24R0001

(4) The Design-Builder develops cost estimates in a transparent and open-book manner concurrent with design development to create an acceptable Cost of Work. Once the

Final Cost of Work is mutually agreed-upon and approved by USIBWC (whether for an early work item or for a construction option), the Design-Builder's Firm Profit, bonds, and insurance will be added to establish the Final Construction Price.

(5) The USIBWC may consider early work item construction price proposals at various levels of design completion, including those in support of early materials purchase or early construction.

(6) The Design-Builder develops cost estimates after the 30%, 60%, and 90% levels of design, although earlier construction pricing for all or a portion of work will be considered. The cost modeling and establishing a Final Construction Price approach will require open book cost monitoring throughout the Phase 1 work.

b. If the Final Cost of Work or the Final Construction Price exceed the Construction Contract

Ceiling Price for the option and/or the Design-Builder and USIBWC cannot mutually agree upon a fair and reasonable price, schedule, or risk in a timely manner, the USIBWC shall not enter into Phase 2. By not awarding Phase 2, the USIBWC will exercise a contractual "off-ramp" that may release the Design-Builder from further engagement for construction and require the Design-Builder to complete the design under the Phase 1 services. In the event the

USIBWC initiates the contractual off-ramp, the USIBWC will reserve the right to cancel or reprocure the construction competitively using other procurement methodologies, at its sole discretion.

c. Under Phase 2, the Design-Builder works collaboratively with USIBWC and the Owner

Advisor to provide construction services, which encompasses all scope performed by the

Design-Builder after the USIBWC approval of the Final Construction Price proposal(s).

PART 2 - PRODUCTS

(Not Used)

PART 3 - EXECUTION

(Not Used)

December 8, 2023 Procurement Scope USIBWC RFP 191BWC24R0001 00.24.00.01-Page 1

SECTION 00.24.00.01

PROCUREMENT SCOPE

00.24.00.01 Procurement Scope 00.24.00.01-Procurement Scope

PART 1 - GENERAL

1.1. SECTION INCLUDES

Part 1 - General

1.1. Section Includes

1.2. Related Requirements

1.3. Reference Standards

1.4. Measurement and Payment

1.5. Project Goal

1.6. Project background

1.7. Work Elements

1.8. Sequence of Work/Time for Completion of Work

1.9. Work Under Other Contracts

1.10. Labor and Staffing

1.11. Project Location

1.12. Conflict Order of Precedence

Part 2 - Products

2.1. Government Furnished Materials

2.2. Products to be Furnished by the Design-Builder

Part 3 - Execution

3.1. Submittals Required Prior to Construction Mobilization

3.2. Use of Right-of-Way

3.3. Occupancy of Right-of-Way

3.4. Site Work Restrictions

--End of Section--

1.2. RELATED REQUIREMENTS

1.2.A. Section 00.31.43.01-Permit Application

1.2.B. Section 01.31.75.01-Code of Business Ethics

1.2.C. Section 01.32.16.01-Progress Schedule

1.2.D. Section 01.32.33.01-Photographic Documentation

1.2.E. Section 01.33.00.01-Submittal Procedures

1.2.F. Section 01.33.16.01-Design Submittals

1.2.G. Section 01.35.23.01-Safety

1.2.H. Section 01.40.00.01-Quality Requirements

1.2.I. Section 01.52.13.01-Field Offices and Sheds

1.2.J. Section 01.57.00.01-Temporary Controls for Work Areas

Procurement Scope December 8, 2023 00.24.00.01-Page 2 USIBWC RFP 191BWC24R0001

1.2.K. Section 01.57.19.01-Temporary Environmental Controls

1.2.L. Section 01.58.00.01-Project Identification

1.2.M. Section 01.61.00.01-Common Product Requirements

1.2.N. Section 01.61.16.01-Use of Recovered Materials and Biobased Products

1.2.O. Section 01.74.19.01-Construction Waste Management and Disposal

1.2.P. Section 01.80.05.01-General Design Requirements

1.2.Q. Section 02.00.01.01-Existing Conditions & Facilities

1.2.R. Section 02.21.00.01-Surveys

1.2.S. Section 02.22.13.01-Existing Conditions Assessment

1.3. REFERENCE STANDARDS

1.3.A. California Regional Water Quality Control Board

1. "Waste Discharge Requirements for the United States Section of the International Boundary and

Water Commission, South Bay International Wastewater Treatment Plant Discharge to the Pacific

Ocean through the South Bay Ocean Outfall," Order No R9 2021 0001, NPDES No. CA0108928 www.waterboards.ca.gov/sandiego/board_decisions/adopted_orders/2021/r9 2021 0001.pdf

1.3.B. United States Code (USC)

1. Davis Bacon Act (DBA), 40 USC 3141 3148

1.4. MEASUREMENT AND PAYMENT

The work performed by the Design-Builder under this Section shall not be paid for directly but shall be included in the various Bid Items under this Contract.

1.5. PROJECT GOAL

1.5.A. The final product shall meet these requirements:

1. Provide Phase 1 services to develop design documents to rehabilitate SBIWTP infrastructure outlined in Section 01.80.05.01 and expand capacity of the SBIWTP to treat 50 million gallons per day (MGD) with a peaking factor of 1.5. Design documents shall be developed to provide the following construction packages:

a. Base Project Construction Package - Rehabilitate essential existing facilities and infrastructure listed in Section 01.80.05.01 and expand capacity of the SBIWTP to treat 45 MGD average daily flow with no peaking factor (IBWC Form 245E Option Item No 1).

b. Additional Construction Expansion Package 1 - Expand plant capacity by an additional 5

MGD to 50 MGD average daily flow with no peaking factor (IBWC Form 245E Option Item

No 2).

c. Additional Construction Expansion Package 2 - Expand capacity from 50 MGD average daily flow with no peaking factor to 50 MGD average daily flow with a peak hourly flow capacity of 75 MGD (IBWC Form 245E Option Item No 3).

d. Early Work Item Packages as proposed by the Design-Builder.

2. While most of the work will be located at the SBIWTP location, upgrades and/or rehabilitation to all ancillary, appurtenant, and integrated systems shall be considered. This includes, but is not limited https://www.waterboards.ca.gov/sandiego/board_decisions/adopted_orders/2021/r9-2021-0001.pdf

USIBWC RFP 191BWC24R0001 00.24.00.01-Page 3 to: Goat Canyon facilities, Smuggler's Gulch facilities, and Hollister Street Pump Station, as well as their interrelated pipelines, SCADA/instruments, junction boxes, etc.

3. The SBIWTP shall meet National Pollutant Discharge Elimination System (NPDES) No.

CA0108928 permit requirements, including all addendums and change orders.

4. The priority of the project is the expansion of the plant. Where the expansion requires essential rehabilitation (detailed in Section 01.80.05.01), this should be prioritized in the most logical manner to achieve the expansion. Based on cost modeling prepared during the Design and Preconstruction

Services Phase, the scope of rehabilitation of essential existing facilities may be modified to meet the available construction budget. Depending on future funding that may be available to USIBWC, the optional additional construction packages may be authorized for construction by USIBWC within 24 months of notice to proceed for the base project construction package.

5. As the base project is constructed, priority should be given to completing, testing, and commissioning the rehabilitation and expansion of the headworks and primary treatment facilities and placing these facilities into operation as soon as practicable to partially treat larger volumes prior to full construction completion (contingent upon applicable permitting).

1.5.B. The design shall ensure that upon conclusion of the project, the new rehabilitation and expansion improvements shall be fully started and commissioned to operate for their intended use with all utilities, to include, but not limited to water, sanitary sewer, communications, electrical, fire protection system(s), etc. as may be applicable and to meet NPDES No. CA0108928 permit requirements.

1.5.C. Utilities

It is the Design-Builder's responsibility to identify all existing utilities within the project limits as well as coordinating any work associated with these utilities with the utility company.

1.5.D. Permits

Refer to Section 00.31.43.01.

1.6. PROJECT BACKGROUND

1.6.A. The Tijuana River has long been challenged by the problem of cross-border pollution originating upstream of the United States-Mexico international boundary. The term "transboundary flow"' for this project refers to movement of water from Mexico into the U.S. These flows contain a combination of treated effluent from wastewater treatment plants, untreated wastewater, stormwater, and groundwater.

The pollutants also include trash and sediment. The pollutants have a significant adverse impact on public health, wildlife, riparian, marine, and estuarine habitats and result in beach closures. The Tijuana River watershed covers an area of approximately 1,724 square miles with 73% of the watershed located in the state of Baja California in Mexico and 27% in the County of San Diego, California (Figure 1). After entering the United States west of the San Ysidro Port of Entry, the Tijuana River flows west approximately 6 miles before draining into the Pacific Ocean. The USIBWC maintains the reach from the international border to Dairy Mart Road Bridge that forms part of the Tijuana River Flood Control

Project. The north and south levees along this reach are built to provide protection from the 100 year flood.

1.6.B. To address the growing demand to treat wastewater that was causing contamination in the Tijuana River, the USIBWC constructed the SBIWTP on a 75 acre site on the U.S. side of the border upstream of Dairy

Mart Road Bridge (Figure 2). The project, authorized by the U.S. Congress in 1989 and formally agreed by the U.S. and Mexico through Minute No. 283 dated July 8, 1990, began construction in 1994. The

SBIWTP was originally planned to include screening, grit removal, chemically assisted primary sedimentation, activated sludge aeration, secondary sedimentation, and chlorination. Of these unit

00.24.00.01-Page 4 USIBWC RFP 191BWC24R0001 processes, screening, grit removal, chemically assisted sedimentation, and chlorination facilities were constructed in 1996. The design capacity of the primary treatment plant is 25 MGD average annual flow.

Due to funding constraints, the secondary treatment facility could not be constructed at that time.

Wastewater, after primary treatment, is discharged into the South Bay Land Outfall (SBLO) which connects to the South Bay Ocean Outfall (SBOO). The SBOO extends 3.6 miles, from a 100 foot drop structure on the shoreline to a diffuser assembly on the ocean floor. The SBIWTP became fully operational after the SBOO was completed in January 1999.

Figure 1 - Tijuana River Watershed

USIBWC RFP 191BWC24R0001 00.24.00.01-Page 5

Figure 2 - SBIWTP Project Area (Source: Google Earth)

1.6.C. The design to upgrade the SBIWTP to include secondary treatment began in November 2008 and included conventional activated sludge with nitrogen removal. Other elements constructed were aeration basins, secondary sedimentation tanks, dissolved air flotation thickeners, unstabilized sludge storage tanks, process air blower building, return / waste activated sludge pump stations, and the operations and maintenance buildings. Work began in January 2009 and the secondary treatment facilities came online in

November 2010 and the entire project, including landscaping and irrigation systems, was completed in

May 2011. The average design capacity of the secondary treatment facilities is 25 MGD with a peak capacity of 48.75 MGD.

1.6.D. The USIBWC owns the plant. Currently, Veolia Water North America operates and maintains the plant under a contract with the USIBWC.

1.6.E. In 2018, additional work was completed to include the construction of an equalization tank, three new

SSTs, replacements of 6 existing return activated sludge pumps at the pump station, and other site civil works necessary to accommodate these new treatment facilities at the plant. Additional components built for the EQ tanks included an effluent wet well (URS, 2015) and a new motor control center and room addition at the existing dissolved air flotation building.

1.6.F. The existing system of pumps and pipelines in the Lower Tijuana River Watershed and wastewater diversion and treatment system from Tijuana to the SBIWTP is shown in Figure 3.

1.6.G. In 2015, the IBWC adopted Minute 320 aimed to promote binational discussion and projects related to water quality, sediment and solid waste problems in the Tijuana River.

00.24.00.01-Page 6 USIBWC RFP 191BWC24R0001

Figure 3 - SBIWTP Existing Flow Schematic (Adapted from PG Environmental, 11/9/2021)

1.6.H. The collapse of the 48 inch "Insurgentes" sewer collector near the confluence of Rio Alamar and Tijuana

River in Tijuana on February 1, 2017, resulted in diversion of peak flows to the Tijuana River. The resulting sewage spill of more than 143 million gallons until completion of repairs on February 23, 2017, was estimated to be the largest in over a decade and polluted beaches from Rosarito, Baja California to

Coronado, California. Following the spill, two protocols were established, a Mexican protocol governing communication lines from the various agencies in Mexico to the Mexican Section of the IBWC, and an international protocol providing for notifications from the Mexican Section to the USIBWC and affected stakeholders in the U.S.

1.6.I. In 2020, the U.S. Government, through the U.S. Environmental Protection Agency (EPA), committed

$300 million in the United States-Mexico-Canada Agreement (USMCA) to identify infrastructure solutions to mitigate the problem of transboundary flow pollution in the Tijuana River and coastal region in South Bay. EPA began a two-step technical evaluation of potential solutions to mitigate contaminated transboundary flows in August 2020.

1. In Step 1, a Project Feasibility Analysis was conducted between August 2020 and May 2021. This included stakeholder input and evaluation of 10 projects with the potential to address transboundary flow concerns. An evaluation conducted on each project's feasibility, cost of construction and operations and maintenance costs reduced the list to 8 projects. The projects included conveyance, treatment and source control solutions. Additional details on the original 10 projects can be obtained in the link: www.epa.gov/sustainable-water-infrastructure/tijuana-river-watershed-technical-evaluation-infrastructure.

https://www.epa.gov/sustainable-water-infrastructure/tijuana-river-watershed-technical-evaluation-infrastructure https://www.epa.gov/sustainable-water-infrastructure/tijuana-river-watershed-technical-evaluation-infrastructure

USIBWC RFP 191BWC24R0001 00.24.00.01-Page 7

2. In Step 2 of the EPA technical evaluation, individual projects were grouped to form 13 alternatives based on purpose, impacts, environmental benefits, capital costs and O&M costs. After scoring using the EPA Augmented Alternatives Analysis (AAA), 3 alternatives were chosen for further evaluation. All three alternatives focus on U.S.-side infrastructure that diverts and treats contaminated river flows, expands wastewater treatment in the U.S. and Mexico, and/or treats contaminated flows before they reach the river and coast.

3. In November 2021, EPA announced the commencement of the environmental review of the projects identified in the Comprehensive Infrastructure Solution (Comprehensive Solution) under the

National Environmental Policy Act (NEPA). Alternative 2 scored the highest in the Technical

Evaluation of Infrastructure Solutions – Alternative Analysis. The Comprehensive Alternative I-2 shown in Figure 4 is expected to provide the greatest environmental benefit of all alternatives by mitigating the effects of transboundary wastewater through the Tijuana River and the Pacific Ocean by providing wastewater conveyance and treatment capacity that will accommodate projected population growth through the year 2050. The alternative is expected to reduce transboundary flow days in the river by 76% and the biochemical oxygen demand (BOD) load in the river by 87%.

Alternative I-2 would also reduce the frequency of fecal indicator bacteria exceedance at Imperial

Beach by approximately 95% and reduce BOD load in discharges to the Pacific Ocean via San

Antonio de los Buenos Creek by 99% (PG, 2021).

4. Alternative I-2 (PG, 2021) includes:

a. Expansion of SBIWTP, primary and secondary, to treat an annual average daily flow of 60

MGD.

b. Construction of a new 60 MGD diversion and Advanced Primary Treatment Plant (APTP) to divert and treat transboundary flows from the Tijuana River.

c. Construction of a new treatment plant at the site of San Antonio de los Buenos (SAB)

Wastewater Treatment Plant.

d. Construction of a new gravity conveyance system to bring flows from Los Laureles and

Matadero Pump Stations to SBIWTP.

e. Constructing new infrastructure to convey treated effluent from the Arturo Herrera and La

Morita Wastewater Treatment Plants to Rodriguez Dam.

f. Rehabilitating targeted sewer collectors in Tijuana.

g. Construction of a new effluent pumping station and force main to convey effluent from

SBIWTP to PB1 B for future reuse.

h. Rehabilitating and extending the existing force main to redirect flows from PB-MxIBWC to the APTP.

i. Installation of trash booms in the Tijuana River main channel on the U.S. side to capture trash in the river.

j. Regrading and modifying the U.S.-side canyon flow diversion structures at Smuggler's Gulch and Goat Canyon.

00.24.00.01-Page 8 USIBWC RFP 191BWC24R0001

Figure 4 - SBIWTP Expansion per EPA USMCA Study Alternative I-2

1.6.J. The work described in this SOW and as described in Section 1.5 includes work of item 1.6.H.4.a of

Alternative I-2, but at maximum capacity of 50 MGD annual average flow.

1.6.K. In July 2022, excess wastewater flows were diverted to the SBIWTP as a result of the PB1A pipeline rupture at Matadero Canyon. In August 2023, Tropical Storm Hilary caused excessive inflows on Sunday, August 20 and Monday, August 21. The USIBWC initiated emergency repairs at certain locations including influent pumps at the headworks, the primary sedimentation tanks, and Hollister pump station.

1.6.L. Arcadis performed additional facility assessment, planning tasks, and conceptual designs for rehabilitation and expansion between October 2022 and July 2023. Work products resulting from this work are identified in Section 01.80.05.01 Paragraph 1.7.B.

1.7. WORK ELEMENTS

1.7.A. The work shall include all planning, design work, coordination, permitting, labor, material, tools, equipment, construction, testing, inspection, commissioning, and all necessary general conditions, that may be reasonably inferred from the Contract Documents to provide for all work to provide a Progressive

Design Build Delivery method where the Design-Builder provides design and preconstruction services

(Phase 1) and, once a final construction price for the project is established, provide construction services

(Phase 2) of rehabilitation and expansion to the USIBWC SBIWTP.

1.7.B. The work shall be broken out into 2 phases.

1. Phase 1 - Design and Preconstruction Services.

Phase 1 includes, but is not limited to:

a. Conduct site investigations (survey, geotechnical, hazardous materials, easements, utilities, etc.) to support design and construction.

USIBWC RFP 191BWC24R0001 00.24.00.01-Page 9

b. Review and validate all information provided by the USIBWC.

c. Prepare and finalize the basis of design documents and all design criteria.

d. Prepare design and construction documents for approval by the USIBWC.

e. Prepare transparent and open-book construction cost modeling and…