HomeMy WebLinkAbout2025-03-25; Municipal Water District; 06; Proposals for Maerkle Reservoir Solar Project Feasibility StudyDocusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
(i) MUNI.CI IPAL WATE R o,tJST RI CT
1 Staff Re·port
'
Meeting Date:
To:
From:
Staff Contact:
Subject:
District:
March 25, 2025
President and Board Members
Geoff Patnoe, Executive Manager
Keri Martinez, District Engineer
keri.martinez@carlsbadca.gov, 442-339-2354
David Padilla, Assistant General Manager
dave.padilla@carlsbadca.gov, 442-339-2956
Proposals for Maerkle Reservoir Solar Project Feasibility Study
2
Recommended Action
CA ReviewGH
Adopt a resolution authorizing issuing a request for proposals to conduct a feasibility study for
the Maerkle Reservoir Solar Project.
Executive Summary
The City Council's 5-Year Strategic Plan includes exploring a potential solar energy generation
and storage project at the site of the Maerkle Reservoir in northeast Carlsbad. The City of
Carlsbad's Climate Action Plan identifies the potential for a solar project at this site to assist in
achieving renewable energy production goals. The site is owned by the Carlsbad Municipal
Water District, or CMWD, a subsidiary district of the City of Carlsbad.
Staff provided an update to the CMWD Board in November 2024, on potential issues that had
been identified for a solar project at the Maerkle Reservoir site, such as site access and fire
safety, as detailed in the staff report provided as Exhibit 2. The board directed staff to proceed
with soliciting qualified consultants to conduct a comprehensive feasibility study.
Staff evaluated the submissions and determined two of the three firms have the necessary
qualifications. Staff request the CMWD Board's approval to issue a request for proposals on
conducting the feasibility study to the two qualified consultants.
The feasibility analysis is to include early public outreach to the neighboring communities and
other interested parties to get their feedback on the possibility of a solar project at the site,
which will considered when determining the feasibility of the project and any conceptual
project designs.
March 25, 2025 Item #6 Page 1 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
Explanation & Analysis
The Maerkle Reservoir site
covers about 56
undeveloped acres in
northeast Carlsbad and is
bordered to the north and
east by residential
communities in the Cities of
Oceanside and Vista, as
shown at right and in Exhibit
2.
If the solar energy generation
project is found to be
feasible, it could offset
ongoing energy costs,
contribute to the use of
renewable energy sources
and promote energy sustainability for the CMWD and the city.
Staff worked with a consultant in 2023-2024 to identify large-scale potential land use issues and
other site constraints in a preliminary study with input from several city departments on legal,
environmental, real estate, financial, fire and safety issues.
Staff provided an update to the CMWD Board on recent emerging fire risks for battery storage
sites and site access concerns on Nov. 19, 2024. This presentation including a discussion of the
County of San Diego's draft standards for solar battery storage facility siting and operation. The
CMWD Board directed staff to proceed with a comprehensive feasibility study to evaluate these
issues along with all aspects of a solar energy generation and battery storage project at the
Maerkle Reservoir site.
Staff requested solar industry consulting firms with relevant experience provide their
qualifications to conduct a feasibility study for a solar photovoltaic energy generating and
battery energy storage system facility, including potential environmental impacts.
The district received submissions from three firms on Jan. 8, 2025. Staff reviewed and
evaluated the submissions, following the criteria in the solicitation, which addressed the firms'
experience in:
• System financing, development and operating models
• Potential business models, such as a power purchase agreement or a land lease
• System sizing, including energy production and storage capacity
• Energy off-taker/load serving entity (the electric service provider with which to
partner)
• Land use constraints, including access and fire safety, surrounding neighborhood
proximity and habitat protection
• Facility design and environmental considerations
• Electrical grid interconnection
March 25, 2025 Item #6 Page 2 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
Staff determined that two of the three firms have the qualifications and experience to perform
the scope of services described in the proposed request for proposals, which is provided in
Attachment A of Exhibit 1.
Staff are now asking the CMWD Board to approve a resolution to issue the request for
proposals to the two pre-qualified firms.
Fiscal Analysis
To date, the CMWD Board has allocated $481,000 for the study, of which $460,000 remains
available to use for consulting services to determine project feasibility and recommendations.
No additional funding is needed at this time.
At this early stage, staff do not have information on potential construction costs or quantifiable
benefits of the project. This information would be available for each developed option at the
end of the feasibility study for the Maerkle Reservoir site.
Environmental Evaluation
The proposed action to approve issuance of the request for proposals for a feasibility study for
the Maerkle Reservoir Solar Project is statutorily exempt from environmental review under
California Environmental Quality Act Guidelines Section 15262 as it involves only feasibility or
planning studies, including consideration of environmental factors, for possible future actions
that have not been approved, adopted or funded. The proposed action does not have a legally
binding effect on any possible future discretionary action. The work to develop preliminary
plans and present a conceptual design for consideration by the CMWD Board does not have a
legally binding effect on future discretionary actions to approve the project. Public input
received and technical information prepared will be used during the project planning and
environmental evaluation process.
Next Steps
Upon the CMWD Board's approval, staff will issue a request for proposals to the two
prequalified solar industry firms. After review and evaluation of the proposals, staff will return
to the CMWD Board to request awarding a professional services agreement with the
recommended consultant to conduct a feasibility study of solar energy generation at the
Maerkle Reservoir site.
Exhibits
1. CMWD Board resolution
2. Staff Report dated Nov. 19, 2024 (On file in the Office of the City Clerk)
March 25, 2025 Item #6 Page 3 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7884
RESOLUTION NO. 1766
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING ISSUING A REQUEST FOR PROPOSALS TO CONDUCT A
FEASIBILITY STUDY FOR THE MAERKLE RESERVOIR SOLAR PROJECT
Exhibit 1
WHEREAS, the City Council of the City of Carlsbad has identified exploring the feasibility of a
solar energy generation and storage project at the site of the Maerkle Reservoir in the city's 5-Year
Strategic Plan; and
WHEREAS, the City of Carlsbad's Climate Action Plan identifies the potential for a solar project
at the Maerkle Reservoir site to assist in achieving renewable energy production goals; and
WHEREAS, the Maerkle Reservoir site is owned by the Carlsbad Municipal Water District, or
CMWD, a subsidiary water district of the City of Carlsbad; and
WHEREAS the CMWD Board previously directed staff to solicit qualifications from solar energy
consulting firms and prequalify consultants to submit a formal proposal to conduct a comprehensive
feasibility study for the project; and
WHERAS staff have prepared a request for proposals in Attachment A to invite two qualified
solar industry firms to submit proposals for the feasibility study.
NOW, THEREFORE, BE IT RESOLVED by the CMWD Board of Directors of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the proposed action to approve issuance of the request for proposals for a
feasibility study for the Maerkle Reservoir Solar Project is statutorily exempt from
environmental review under the California Environmental Quality Act, or CEQA,
Guidelines Section 15262 as it involves only feasibility or planning studies, including
consideration of environmental factors, for possible future actions that have not been
approved, adopted or funded. The proposed action does not have a legally binding
effect on any possible future discretionary action.
March 25, 2025 Item #6 Page 4 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
3. That the CMWD Board approves issuance of a Request for Proposals to the pre-qualified
firms to conduct a feasibility study for a solar photovoltaic energy generation and
battery energy storage system project at the Maerkle Reservoir site, provided in
Attachment A.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of
the Carlsbad Municipal Water District of the City of Carlsbad on the 25th day of March 2025, by
the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
March 25, 2025
Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
None.
None.
None.
KEITH BLACKBURN, President
SHERRY FREISINGER, Secretary
(SEAL)
Item #6 Page 5 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
Attachment A
Carlsbad Municipal Water District
City of Carlsbad
Request for Proposals
Contract Administrator: Graham Jordan ~~~~------------------
Email: Graham.Jordan@carlsbadca.gov
Phone No.: 442-339-2462
. ::-:-~,~
/ :· __
1
,,-. -B id d in g . -,
FOR
Municipal Water District
CIP 4722 -MAERKLE RESERVOIR SOLAR PROJECT -FEASIBILITY STUDY
RFP NO.: RFP25-3680UTIL
CONTRACT NO.: =Cl"-P-'-4-=--=72=2'-----------------------
CLIENT DEPARTMENT: Carlsbad Municipal Water District
COUNCIL DISTRICT: 2 -----------------------
THIS CONTRACT IS SUBJECT TO THE FOLLOWING:
► PREVAILING WAGE RATES: STATE
March 25, 2025
PROPOSALS DUE:
5p.m.
April 30, 2025
CARLSBAD MUNICIPAL WATER DISTRICT
PUBLIC WORKS
CONTRACTS ADMINISTRATION
1635 FARADAY AVENUE
CARLSBAD, CA 92008
ATTN: GRAHAM JORDAN
Item #6 Page 6 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7884
TABLE OF CONTENTS
REQUEST FOR PROPOSALS
1. GENERAL INFORMATION
2. PROJECT DESCRIPTION
3. TENTATIVE SCHEDULE
INSTRUCTIONS TO PROPOSERS AND GENERAL CONDITIONS
1. ELECTRONIC FORMAT RECEIPT AND OPENING OF PROPOSALS
2. ELECTRONIC SUBMISSIONS CARRY FULL FORCE AND EFFECT
3. PROPOSALS ARE PUBLIC RECORDS
4. PRE-PROPOSAL ACTIVITIES
5. SCOPE OF SERVICES
6. PROPOSAL CONTENT REQUIREMENTS
7. SELECTION PROCEDURE
ATTACHMENTS
A. CERTIFICATION OF PROPOSER
B. RATE SCHEDULE (EXAMPLE)
C. PROFESSIONAL SERVICES AGREEMENT (SAMPLE)
D. LOCATION MAPS
March 25, 2025 Item #6 Page 7 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
REQUEST FOR PROPOSALS
1. GENERAL INFORMATION. The Carlsbad Municipal Water District (CMWD) requests sealed
proposals from previously qualified solar energy industry consultants to provide professional
services to conduct a feasibility study and to assist CMWD during the project development,
procurement, and construction phases of the proposed Maerkle Reservoir Solar Project (Project),
a solar photovoltaic (PV) energy generation and battery energy storage system (BESS) at the
Maerkle Reservoir site in Carlsbad, California. The selected Consultant will have experience in the
preparation of feasibility studies for solar PV and BESS and will work directly and collaboratively
with CMWD staff to determine project feasibility and potentially facilitate implementation of this
project.
1.1. CMWD has selected two firms for this proposal solicitation to conduct a feasibility study
for the Project and provide related professional services as described and negotiated in
the phased scope of services.
1.2. The selected Consultant will act as an independent consultant and advise the CMWD on
the feasibility of the Project, but will not itself design, construct, or operate the Project. If
CMWD elects to proceed with a solar development project, the selected consultant will
assist CMWD to prepare a separate RFP for the procurement of a solar project developer
for final engineering design, construction and operation. The selected Consultant will
provide project management services during project development and construction
management services during the construction and commissioning phases of the Project.
The selected Consultant and its subconsultant(s) will be precluded from bidding on or
participating in the design, construction and operation of the Project.
1.3. The Consultant will be selected by selection committee comprised of CMWD and City of
Carlsbad staff and will enter into a Professional Services Agreement (sample in
Attachment C) after negotiating a detailed scope of services and fee.
2. PROJECT DESCRIPTION. The Carlsbad Municipal Water District, a Public Agency organized under
the Municipal Water Act of 1911, is a Subsidiary District of the City of Carlsbad (City). CMWD's
Maerkle Reservoir site and access roads are depicted on the location maps (Attachments D-1
through D-5). A solar photovoltaic (PV) energy generating and battery energy storage system
(BESS) facility is being considered for the reservoir site property as Capital Improvement Program
(CIP) Project No. 4722. This Project is envisioned to produce renewable energy, promote energy
sustainability and offset the CMWD's energy costs. The City of Carlsbad's Climate Action Plan
identifies the project's potential to achieve renewable energy production goals, and the City's
Five-Year Strategic Plan (2023-2027) identifies this Project as a priority. To determine the Project's
feasibility, define its scope, and evaluate potential development and operational models, the
CMWD is seeking a team of solar industry experts to provide a phased scope of professional
services.
As the regulatory framework and technology for solar power generation and battery storage
systems continue to evolve rapidly, the viability of the project and the potential benefits to the
CMWD require further analysis by solar industry experts.
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page 13
Page 8 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
The Maerkle Reservoir site occupies 56 acres of undeveloped land in northeast Carlsbad,
bordering the cities of Vista and Oceanside. CMWD has identified approximately 35 acres of
usable land for Project development. The Consultant will prepare a feasibility study which will
evaluate all relevant factors associated with solar project development and the specific site
constraints and will include, but not be limited to, the following:
1. The Maerkle Reservoir site topography is varied with rolling hills and two predominant
drainages that combine at the western property boundary. Site access is achieved via
Applewood Lane in Vista, California. Setbacks from neighboring properties and city
boundaries and CMWD pipelines and water storage facilities will be required. The Project's
conceptual site design should consider alternatives to maximize renewable energy generation
and storage which may include significant site grading; or to preserve, in whole or in part, the
existing landforms and reduce the scale of solar PV and BESS facilities. The feasibility study
will evaluate grading concepts and recommend improvements for lighting and site security,
paving or road surfacing, drainage, fire protection and suppression systems and landscaping.
The recommended site design must maintain access to CMWD facilities and to the PV and
BESS facilities for operational needs and emergency vehicles.
2. The feasibility study will assess the potential environmental impacts that could result from
the proposed construction at the site and on the surrounding neighborhoods and recommend
an environmental compliance approach. Potential environmental impacts will be evaluated
in accordance with California Environmental Quality Act guidelines and the City of Carlsbad's
Habitat Management Plan and 2017 Tribal, Cultural, and Paleontological Resources
Guidelines and will require close coordination with the City's Community Development
Department and adjacent cities during the environmental review and permitting process.
3. The site is bordered to the north and east by residential communities in the cites of Oceanside
and Vista, respectively. The feasibility analysis will include early public outreach in close
coordination with CMWD staff to these neighboring communities and other interested parties
to obtain input and hear concerns and/or support for a solar project at this location. Results
of this outreach will be considered when determining feasibility and/or conceptual project
design
4. SDGE owns and operates the energy transmission and distribution facilities in Carlsbad .
Interconnection of a PV and BESS project to the SDGE power grid will be evaluated by the
selected Consultant in coordination with SDGE and compliance with all applicable standards
and regulations. The feasibility study will identify the recommended solar PV, BESS, and
interconnection facilities and their costs based on conceptual site layout; and identify the
required permitting and approvals from SDG&E and other relevant regulatory agencies.
5. The solar project development and operational models shall consider a power purchase
agreement (PPA) and a CMWD land lease. Other potential project development and
operational models shall be considered and/or recommended if deemed viable and in the
best interests of CMWD, its customers, and the City of Carlsbad. The selected Consultant shall
have experience in PPA negotiations and will advise CMWD on opportunities to offset its
energy demands and maximize revenue and/or renewable energy credits via a fiscal analysis
of CMWD energy demands and the proposed generation capacity over the life of the Project.
CMWD cannot legally sell the energy it produces to ratepayers, but it can sell to a qualified
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page 14
Page 9 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
load-serving entity (e.g., the Clean Energy Alliance (CEA) or SDG&E). The selected Consultant
will evaluate all relevant factors and identify potential load-serving entities and energy tariffs
for the off-taking of excess energy produced by the Project.
6. On-site electrical demands and operational modes for the existing Maerkle Pump Station,
chlorination facilities, and the Maerkle Reservoir will be provided by CMWD . The primary
mode of water conveyance is from the San Diego County Water Authority aqueduct
connection and its high hydraulic grade line. The Maerkle Pump Station has four 200-
horsepower, 480-volt, 3-phase pumps that run only on occasion for a secondary mode of
reservoir filling and recirculation. There is an existing 149 kW hydroelectric generator (conduit
hydroelectric) that produces electrical energy from the Maerkle Reservoir inlet and the
energy produced is supplied to the SDG&E electrical distribution system. The unit is certified
by the California Energy Commission as eligible for California's Renewables Portfolio Standard
(RPS) and is connected to the existing SDG&E electrical distribution system. Modification of
this system is not anticipated.
7. Existing easements may need to be quitclaimed or vacated. The selected Consultant shall
identify existing easements that may conflict with the proposed project and new easements
required for construction and operation and maintenance of the project.
8. The feasibility study will evaluate the best available technologies for solar PV and BESS
systems with respect to rapidly evolving state or local agency design codes and standards and
fire prevention and suppression guidance for BESS projects with respect to fire hazards
potential.
9. Access to the site from Carlsbad is constrained by Agua Hedionda Creek in the vicinity of Sunny
Creek Road, a private road (see Attachments D-2 through D-4), just east of College Boulevard.
The selected consultant shall review available Federal Emergency Management Agency
(FEMA) flood studies and conduct additional hydraulic studies to serve as the basis for a
preliminary access plan and the required creek crossing improvements and associated
easements.
3. TENTATIVE SCHEDULE. A tentative schedule is provided below.
Request for Proposal (RFP) issued
Pre-Proposal Meeting/Site Visit
Pre-submittal Questions due by 5 p.m.
Q&A Addendum Posted
Proposals Due by Sp.m.
Selected Consultant Notified of Intent to Award
Pre-Award Meeting with Selected Consultant
CMWD Board Award of Contract/Notice to Proceed
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025
March 19, 2025
April 2025
April 10, 2025
April 17, 2025
April 30, 2025
May 2025
May/June 2025
Item #6
June/July 2025
Page IS
Page 10 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
1.
INSTRUCTION TO PROPOSERS AND GENERAL CONDITIONS
ELECTRONIC FORMAT RECEIPT AND OPENING OF PROPOSALS. Proposals will be received in
electronic format (eBids) EXCLUSIVELY at CMWD's electronic bidding (eBidding) site at:
https:llwww.carlsbadca .gov/departments/finance/contracting-purchasing and are due by the
date and time shown on the cover of this solicitation.
1.1. PROPOSERS MUST BE PRE-REGISTERED with CMWD's bidding system and possess a
system-assigned Digital ID in order to submit and electronic proposal.
CMWD's proposal/electronic bidding (eBidding) system will automatically track
information submitted to the site including IP addresses, browsers being used and the
URLs from which information was submitted. In addition, CMWD's bidding system will
keep a history of every login instance including the time of login, and other information
about the user's computer configuration such as the operating system, browser type,
version, and more. Because of these security features, Proposers who disable their
browsers' cookies will not be able to log in and use CMWD's bidding system.
Upon entry of their proposal, the system will ensure that all required fields are entered.
The system will not accept a proposal for which any required information is missing.
This includes all essential documentation and supporting materials and forms requested
or contained in these solicitation documents.
1.2. PROPOSALS REMAIN SEALED UNTIL DUE DATE AND TIME. eBids and eProposal's are
transmitted into CMWD's bidding system via hypertext transfer protocol secure (https)
mechanism using SSL 128-256-bit security certificates issued from Verisign/Thawte which
encrypts data being transferred from client to server. Proposals submitted prior to the
Due Date and Time are not available for review by anyone other than the submitter, who
will have until the Due Date and Time to change, rescind or retrieve its proposal should
they desire to do so.
1.3. PROPOSALS MUST BE SUBMITTED BY DUE DATE AND TIME. Once the deadline is
reached, no further submissions are accepted into the system. Once the Due Date and
Time has passed, bidders, proposers, the general public, and CMWD staff are able to
immediately see the results online. CMWD staff may then begin reviewing the
submissions for responsiveness, compliance and other issues.
1.4. PROPOSALS MAY BE WITHDRAWN by the Proposer prior to, but not after, the time set
as Due Date and Time.
1.4.1. Important Note: Submission of the electronic proposal into the system may not
be instantaneous. Due to the speed and capabilities of the user's internet service
provider (ISP), bandwidth, computer hardware and other variables, it may take
time for the proposer's submission to upload and be received by CMWD's
eBidding system. It is the proposer's sole responsibility to ensure their proposals
are received on time by CMWD's eBidding system. CMWD is not responsible for
proposals that do not arrive by the Due Date and Time.
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page 16
Page 11 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
2. ELECTRONIC SUBMISSIONS CARRY FULL FORCE AND EFFECT. The Proposer, by submitting their
electronic proposal, agrees to and certifies under penalty of perjury under the laws of the State
of California, that the certification, forms and affidavits submitted as part of this proposal are true
and correct.
3. PROPOSALS ARE PUBLIC RECORDS. Upon receipt by CMWD, proposals shall become public
records subject to public disclosure. It is the responsibility of the Proposer to clearly identify any
confidential, proprietary, trade secret or otherwise legally privileged information contained
within the proposal's General references to sections of the California Public Records Act (PRA) will
not suffice. If the Proposer does not provide applicable case law that clearly establishes that the
requested information is exempt from the disclosure requirements of the PRA, CMWD shall be
free to release the information when required in accordance with the PRA, pursuant to any other
applicable law, or by order of any court or government agency, and the Proposer agrees to hold
CMWD harmless for any such release of this information.
4. PRE-PROPOSAL ACTIVITIES
4.1. Review Standard Consultant Agreement
4.1.1. A sample copy of the standard consultant agreement is attached for your review.
Please do not respond to this RFP if you cannot agree to all terms of the
agreement. CMWD will not change or modify the hold harmless and liability
clauses included in the agreement.
4.1.2. Consultant shall be required to comply with all requirements as stipulated in
Attachment C, Professional Services Agreement, including the following:
• Compliance with prevailing wage law (as necessary) -Section 6
• Compliance with insurance requirements -Section 12
• Current City Business License -Section 13
4.2. Submission of Questions
4.2.1 All questions related to this solicitation shall be submitted in writing through the
eBidding website.
4.2.2 Questions must be received by 5 p.m. on the date specified in the RFP Tentative
Project Schedule. Questions received after this time will not be considered.
4.2.3 Questions or clarifications deemed by CMWD to be material shall be answered
via issuance of an addendum and posted to CMWD's on line bidding service by the
date and time specified in the RFP Tentative Project Schedule.
4.2.4 Only questions answered by formal written addenda shall be binding. Oral and
other interpretations or clarifications shall be without legal effect. It is the
Proposer's responsibility to be informed of any Addenda that have been issued
and to adjust its Proposal accordingly.
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page 17
Page 12 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
4.3. Revisions to the RFP
CMWD, at its option, may respond to any or all questions submitted in writing via CMWD's
eBidding web site in the form of an addendum. No other responses to questions, oral or
written, shall be of any force or effect with respect to this solicitation.
Any changes to the requirements of this RFP through addendum are made effective as
though originally issued with the RFP. The Proposer shall acknowledge the receipt of all
addenda at the time of submission.
5. SCOPE OF SERVICES
The requested scope of services is intended to describe the professional services necessary for
the completion of a feasibility of a solar PV and BESS project at the Maerkle Reservoir site and, if
feasible, recommend a project delivery method and prepare a Request for Proposal for the
subsequent design, permitting, construction and operation of the Project by a qualified solar
developer. The Consultant may modify this proposed scope of services; however, all modifications
and related costs shall be clearly identified in the Consultant's proposal.
Proposals shall be tailored to the tasks identified in this section and shall meet the proposal
content requirements of Section 6.0. Services shall be performed in accordance with applicable
state and City/CMWD regulations and ordinances, including, but not limited to, the Professional
Engineers Act.
Environmental evaluation of the project for compliance with the California Environmental Quality
Act (CEQA) will be addressed separately during the project development phase and is not included
in this scope of services. However, the CEQA compliance approach shall be developed in
consideration of the environmental setting and applicable ordinances and regulations and the
City's environmental review process.
The Consultant will not be compensated for services not included in the contract Scope of Services
and any changes to the Scope of Services shall require the prior written approval from CMWD.
The plans, designs, specifications, estimates, calculations, surveys, reports, and other documents
furnished under this Scope of Services (i.e., deliverables) shall be a product of neat appearance,
well organized, technically and grammatically correct and checked, and shall be reviewed for
quality and content by the Consultant's project manager or designated quality control/quality
assurance team member. The minimum standard of appearance, organization, and content of the
deliverables shall conform to applicable City/CMWD standards and manuals or those of applicable
jurisdictional agencies.
All data collected by the Consultant will be provided to CMWD in electronic format compatible
with the Microsoft platform (Excel spreadsheets, Word files, PowerPoint, etc.) and Adobe PDF. All
documents and data produced for this project shall be considered property of CMWD.
Consultant's services shall include the following tasks and activities:
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page 18
Page 13 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
Task 1 -Project Management
The Consultant shall provide one Project Manager who shall serve as the primary point of contact.
At a minimum, the Consultant's Project Manager and key support staff or subconsultant team
members shall attend each meeting. The Consultant shall prepare an agenda for each meeting
and submit meeting minutes to CMWD within three (3) business days after each meeting for
review and concurrence.
• Kick-Off Meeting-The Consultant shall attend an in-person kick-off meeting with CMWD
staff.
• Coordination Meetings -The Consultant shall conduct up to six meetings with other City
departments (e.g., IT, Community Development -Planning, and Fire). The Consultant shall
attend one meeting each with partner agency stakeholders: the City of Vista and the City
of Oceanside. All meetings with stakeholder agencies shall be coordinated through the
CMWD Project Manager.
• Progress Meetings -The Consultant shall attend up to 12 progress review meetings to
discuss project status, request or present information, and gain concurrence on key
project issues. Six of the meetings shall be attended in-person. The Consultant shall
participate in monthly teleconference calls or Microsoft Teams meetings to keep the
CMWD Project Manager apprised of project status.
• Project Management Plan -Prepare a PMP at the onset of the project to include an
Executive Summary, Project Scope and Deliverables, Project Schedule (Gantt chart),
Project Team and Responsibilities, Risk and Issue Management Plan, Communication
Management Plan, and Cost and Quality Management Plan. Throughout the project,
provide general project management functions, prepare and maintain the PMP and
monitor progress and budget. Provide a summary of work performed with each invoice.
Submit monthly project schedule updates with each status meeting.
Task 1 Deliverables:
• Meeting Agendas and Minutes
• Project Management Plan
• Monthly Project Status Reports and Invoices
Task 2 -Data Collection and Research
Obtain and review existing right-of-way maps, plans, reports, floodplain studies, and other
pertinent record information that are relevant to the project. Obtain and review standard
drawings and specifications from the City of Carlsbad, CMWD, City of Vista, City of Oceanside, and
other regional standards as applicable.
CMWD will furnish GIS datasets for existing CMWD utilities, topography at a 2-foot elevation
contour interval, and other available data deemed useful by the Consultant. CMWD does not
recommend the use of GIS topographic data for civil design and the Consultant shall conduct an
aerial and/or field surveys to provide a basis for civil site design.
Conduct a design search with Underground Service Alert of Southern California (DigAlert) and
obtain utility record maps for the project site from utility companies and agencies listed by
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page 19
Page 14 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
DigAlert as having utilities in the project area. Evaluate and identify potential utility conflicts or
utility relocations that would be expected for construction of the project.
Task 2 Deliverables:
• Plans and maps of existing utilities, including franchise utilities drawings, used as a basis
for utility mapping (PDF format)
Task 3 -Design Survey
Conduct a topographic survey of the access road alignment from Sunny Creek Road to the PV and
BESS project area using aerial photogrammetry and/or field survey methods. When aerial
photogrammetry is used, the aerial survey shall be supplemented with a field survey of the project
area to include all visible surface improvements including, but not limited to, survey monuments;
buildings and structures; water valves, meter boxes and appurtenances; sewer cleanouts; fencing;
signage; pavements, curbs and gutters; traffic lane striping; traffic loop detectors; storm drain and
sewer manhole rims and invert elevations; vaults; electrical and communication system pull
boxes, power poles, guy wires, and pedestals; and utility mark-outs.
The base map will be prepared with a one-foot contour interval and a scale of 1 inch = 40 feet.
The basis of bearings and all data coordinates shall reference the California Coordinate System -
1983, Zone VI, 1991.35 Epoch, North American Datum of 1983 (NAD83) based on ties to the City
of Carlsbad Survey Control Network monuments as published on Record of Survey Map No.
17271, filed in the office of the San Diego County Recorder on February 8, 2002. Vertical control
shall conform to the National Geodetic Vertical Datum of 1929 (NGVD 29). Mapping and aerial
photography will extend 10 feet beyond the proposed right-of-way boundaries and slope
easements for access road corridors.
A preliminary title report will be provided for the Maerkle Reservoir site. Obtain preliminary title
reports for all other properties potentially affected by the proposed access road alignment and
identify and plot existing property boundaries and existing easements on the base map. Include
properties potentially affected by grading and slope easements for the proposed access road.
Field survey the right-of-way centerline monuments and property corners and map the existing
rights-of-way, existing easements, and private property boundaries using information contained
in right-of-way, parcel and subdivision maps, street improvement drawings, and other survey
records. Furnish the topographic survey and base mapping in digital format with a digital terrain
model compatible with AutoCAD software and Civil3D.
Upon completion of the survey and preparation of the base map, conduct a field reconnaissance
and field check all survey data and verify that existing, visible improvements are accurately shown
on the base map.
Task 3 Deliverables:
• Preliminary title reports (access road)
• Survey base map (PDF and AutoCAD file formats)
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page I 10
Page 15 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
Task 4 -Preliminary Civil Site Design
Prepare grading concepts for the PV and BESS facility layouts studied in Task 7 and alternatives
for an access road along Sunny Creek Road . The access plan shall evaluate alternatives for creek
crossing improvements over Agua Hedionda Creek. The overall objective of this task is to develop
the preliminary design of:
• a grading concept for the PV and BESS site to optimize the solar generating capacity and
battery storage and the cost of grading;
• an all-weather access road with the least property acquisition, least potential
environmental impact, least impact to creek hydraulics, and balanced earthwork with
road prism excavation surplus materials incorporated into fill areas at the PV and BESS
site;
• stormwater facilities such as peak runoff detention and water quality treatment basins at
the PV and BESS site and along the proposed access road;
• setbacks from existing CMWD facilities at the Maerkle Reservoir site, and screening of the
proposed improvements from adjacent properties with the use of embankments and/or
landscaping;
• protection or relocation of existing utilities including, but not limited to potable water
pipelines, gravity sewer pipelines, and electrical facilities.
Alternate access road alignments shall be evaluated with respect to earthwork and
constructability; easement acquisition from Badger Lane near the creek crossing to the Maerkle
Reservoir site and to the potential electrical grid interconnection points; maintaining access to
existing properties and residences; and environmental factors. The access plan shall study the
necessary drainage improvements such as culverts (reinforced concrete box conforming to San
Diego Regional or Caltrans standards) or a bridge. Access road improvements shall meet the
requirements of the Carlsbad Fire Department "Guideline for Fire Department Access and Water
Requirements for Commercial and Residential Development" and the City of Carlsbad Engineering
Standards.
The preliminary hydraulic study shall be based on available flood insurance studies and the 1%
annual chance flood (i.e., 100-year flood), approximately 7,810 cubic feet per second in the
vicinity of Sunny Creek Road. The study effort shall be sufficiently detailed to recommend the type
and layout of creek crossing improvements and to evaluate the potential hydraulic impacts on
Agua Hedionda Creek consistent with FEMA requirements for a Conditional Letter of Map Revision
(CLOMR). The CLOMR application itself will not be included in the feasibility study scope. The final
design of the proposed creek crossing improvements is not included in the feasibility study scope.
The following considerations shall be presented in the feasibility study:
• Grading concepts and earthwork quantities for the PV and BESS site
• Access road horizontal and vertical alignment (30% design) with earthwork, paving, curb
and gutter, and guardrail quantities
• Creek crossing improvements (30% design) and supporting hydraulic study
• Anticipated construction methods for creek crossing construction or utility relocation
• Lands, rights-of-way, or temporary and permanent easements on each parcel affected by
project construction, operation, and maintenance
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page I 11
Page 16 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
• Any required private improvement relocations
• Any required utility relocations or protection measures
• Potential construction impacts to adjacent lands, residents and/or businesses in the cities
of Carlsbad, Oceanside and Vista
• Field reconnaissance of construction haul routes and requirements for street restoration
following construction in the cities of Carlsbad, Oceanside and Vista
• Storm water and non-storm water pollution prevention compliance approach including
permanent stormwater best management practices in accordance with the California
Construction General Permit and Carlsbad Stormwater Standards
• Recommended approach for phasing the construction of the civil site improvements and
the PV and BESS improvements and preparation of a preliminary construction schedule
• Discussion of potential permits and permitting responsibility such as excavation and
shoring, construction site dewatering and discharge, handling and/or disposal of asbestos
cement pipe, lead based paints or regulated waste, right-of-way permits, or other
applicable permits
• Preliminary assessment of constructability as it relates to the subsurface soil, rock and/or
groundwater conditions existing or anticipated at the project site (see Task 5).
• Engineer's opinion of probable construction cost for grading, civil site improvements, and
utility relocations in accordance with Association for the Advancement of Cost
Engineering (AACE) guidelines
Prepare 30% plans (scale of 1 inch= 40 feet) to depict the design intent, adhering to Carlsbad CAD
standards (24"x36" drawing sheet size). The plans shall contain the following:
• Title sheet, general notes, abbreviations and legend
• Survey basis of bearings and benchmark statements
• Topographic survey and mapping of existing utilities, right-of-way, property boundaries,
and utility easements.
• Access road plan and profile to include existing ground surface, proposed grading, and
proposed road profiles
• Concept grading plan for the PV and BESS site
• Creek crossing improvement layout (plan, profile, and sections)
• Proposed easements and rights-of-way
• Construction notes and annotation to depict the design intent
Meet with CMWD to review the preliminary design . Incorporate pertinent CMWD review
comments and design review meeting discussions in the final deliverables.
Task 4 Deliverables:
• Draft Technical Memorandum and 30% plans (half-size, PDF)
• Final Technical Memorandum (PDF and 3 hard copies)
Task 5 -Geologic and Geotechnical Reconnaissance
Provide geotechnical engineering services to conduct a preliminary assessment of the geologic
and geotechnical site conditions. The intent of this reconnaissance is to identify potential geologic
and geotechnical factors likely to be encountered during construction of the project.
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page I 12
Page 17 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
• Conduct a review of prior geotechnical reports, published geologic maps and literature,
groundwater monitoring well programs of the state and San Deigo County, and drainage
studies pertinent to the site.
• For the proposed access road alignment and creek crossing improvements, subsurface
exploration will not be required . Geophysical surveys (seismic P-wave refraction surveys)
shall be conducted if shallow rock formations are observed or expected based on geologic
reconnaissance. Assume six (6) seismic P-wave refraction surveys each 100 feet long along
the access road .
• For the Maerkle Reservoir site:
o prepare a subsurface exploration plan for CMWD review and, upon concurrence,
contact Underground Service Alert to mark-out utilities within the project area.
o Obtain a right-of-way permit from the City of Carlsbad and pay related fees. Prepare
and submit invoices for reimbursement of actual fees.
o Conduct subsurface exploration and testing to evaluate the subsurface soil and
groundwater conditions. Assume ten (10) test pits to a depth of 10 feet and five (5)
borings to a depth of 20 feet or to drilling refusal, whichever is shallower. Obtain bulk
soil samples and relatively undisturbed ring samples using a split-spoon sampler for
laboratory testing at 5-foot intervals. Conduct field Standard Penetration Tests, at
least two in each boring. Classify soils in accordance with applicable ASTM test
standards. Backfill the borings with the soil cuttings. Based on the County of San Diego
Site Assessment and Mitigation (SAM) Manual, well permits are not expected to be
required.
o Assume four (4) seismic P-wave refraction surveys each 100 feet long at the PV and
BESS site if the test pits or borings encounter excavation refusal.
• Assess soil infiltration capacity for permanent stormwater best management practices.
• Conduct laboratory testing for soil classification including sieve analysis, hydrometer
analysis of clayey soils, expansion potential, corrosivity (pH, resistivity, and sulfate
content), and direct shear in accordance with ASTM test standards. Consultant shall
propose a specific laboratory testing program to provide a basis for preliminary
geotechnical design criteria for the proposed improvements.
• Prepare a draft report summarizing the results of the field exploration, laboratory tests
and engineering analyses. Include the following:
o A description of the field conditions observed, and the geologic units encountered or
presumed to exist beneath the ground surface
o Faulting and geologic hazards
o Potential for groundwater and loose or caving soils
o Assess the rippability of rock formations, need for blasting, and oversize rock handling
o Requirements for remedial grading of soils
o Evaluate potential removal depths of alluvium or colluvium deemed unsuitable for
support of foundations, structures or engineered fill
o Suitability of excavated soils for use in engineered fill and trench backfill
o Soil corrosivity potential of the on-site soils in contact with steel or concrete
improvements and soil expansion potential
o Preliminary geotechnical recommendations and design criteria for temporary slopes
and/or shoring, permanent cut and fill slopes, dewatering, trench subgrade
stabilization, compaction of fill and trench backfill, flexible and rigid pavements,
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page 113
Page 18 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
foundation types and bearing and lateral load capacities, lateral earth pressures for
earth retaining structures, and seismic design parameters.
• Prepare a draft and final report incorporating pertinent CMWD review comments.
Task 5 Deliverables:
• Draft Preliminary Geotechnical Investigation (PDF)
• Final Preliminary Geotechnical Investigation (PDF and 3 hard copies)
Task 6-Environmental Constraints Analysis
Provide environmental consulting services to conduct a feasibility level assessment of the
environmental regulatory setting, potential environmental resources, and an overall
environmental compliance approach to serve as a guide for preliminary project design . The
emphasis of this task is to identify potential project triggers and avoidance or environmental
mitigation measures. Environmental factors should include those listed in the CEQA
Environmental Checklist Form including, but not limited to the following:
• Aesthetics
• Biological resources
• Greenhouse gas emissions
• Land use/planning
• Transportation/traffic
• Cultural resources
• Hazards and hazardous materials
• Mineral resources
• Tribal cultural resources
• Air quality
• Geology and soils
• Hydrology and water quality
• Noise
• Utilities and service systems
Conduct a review of available technical studies and/or surveys pertaining to the project site and
recommend an environmental compliance approach that considers the applicable requirements
of the San Diego Air Pollution Control District; the Carlsbad Habitat Management Plan; the
Carlsbad 2017 Tribal, Cultural, and Paleontological Resources Guidelines; California
Environmental Quality Act (CEQA); National Environmental Policy Act (NEPA); California
Department of Fish and Wildlife; U.S. Fish and Wildlife Service; and other pertinent agencies.
Assess the environmental permitting requirements and prepare cost estimates for the estimated
level of effort to prepare CEQA and/or NEPA compliance documents and related environmental
consulting services. Preparation of CEQA or NEPA environmental compliance documents is not
included in this scope of services and will be prepared by the solar developer during the project
development phase.
Prepare four (4) visual simulations of the proposed grading concept and PV and BESS facilities.
Prepare one (1) visual simulation of the proposed creek crossing.
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page I 14
Page 19 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
Task 6 Deliverables:
• Draft Environmental Constraints Analysis (PDF)
• Final Environmental Constraints Analysis (PDF and 3 hard copies)
• Visual simulations (PDF)
Task 7 -Preliminary PV and BESS Layout
Develop preliminary layouts in conjunction with the civil site design to evaluate the scale and
economics of PV and BESS facilities. The PV and BESS facilities layout shall determine the
following:
• Evaluate the best available solar generation and energy storage technology and the
overall size and location of each potential configuration of solar energy generating and
storage equipment
• Identify current codes, design standards and available technology for fire suppression of
BESS facilities including any pending state or local regulations pertaining to fire hazards
• Estimated energy production using industry standard software (PVSyst or Helioscope).
Estimate monthly production of energy delivered to the electric grid that accounts for any
site-specific attributes or operational factors that would affect onsite generation.
• Coordination with CMWD for the on-site electrical loads and existing electrical generation
facilities, and potential provision of battery storage for the on-site loads
• Coordinate with SDG&E for the identification of potential physical grid interconnection
point(s) and the required electrical infrastructure
• Evaluate applicable net energy metering rules, interconnection application procedures
and approvals by SDG&E, and expected timeline
• Identify and evaluate regulatory or permitting requirements of other applicable energy
regulatory agencies and costs to obtain permits, licenses or approvals
• Evaluate federal, state, or local incentives and the process for application
• Identify any other site improvements such as site security, lighting, or other ancillary
facilities
Because of the right-of-way constraints associated with site access and potential right-of-way
acquisition delays, the interconnection application to SDG&E is not included in this scope of
services.
Task 7 Deliverables:
• Draft PV and BESS Technical Memorandum (PDF)
• Final PV and BESS Technical Memorandum (PDF and 3 hard copies)
Task 8 -Economic Modeling and Financing Options
Perform economic modeling for the PV and BESS layout alternatives based on current industry
pricing and relevant experience with projects of similar scale. Include construction costs and an
expected range of costs for operation and maintenance and debt service. Include financial
benefits over the expected project life to gauge the project's economic feasibility. Develop a
financial model of the project for CMWD's use.
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page I 15
Page 20 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
Evaluate available contract structures and financing options for a Power Purchase Agreement or
a CMWD land lease. Recommend other viable contract structures and financing options. This
should include qualitative and quantitative analyses of the key differences in contract structure
and financing options. Review the pro/cons of each structure, expected economics, and
obligations to support a decision on the preferred structure. Recommend a project delivery
method.
Task 8 Deliverables:
• Draft Economic Modeling and Financing Technical Memorandum (PDF)
• Final Economic Modeling and Financing Technical Memorandum (PDF and 3 hard copies)
Task 9-Feasibility Report
The final feasibility report will present the data, findings, conclusions and recommendations in an
appropriately illustrated, comprehensive report divided into chapters or sections of the major
topics of the prior study tasks. The conclusions and recommendations will be supported by the
research and analysis efforts.
The Consultant shall attend one workshop after preparation of the draft report and review by
CMWD staff. The workshop shall be attended by key team members from the following team
disciplines: civil, environmental, electrical/PV /BESS and regulatory permitting.
Task 9 Deliverables:
• Draft Feasibility Report (PDF)
• Final Feasibility Report (PDF and 3 hard copies)
• Presentation at one joint meeting of the CMWD Board
*****
The tasks listed below are not included in the scope of services. These services will be negotiated
upon completion of the feasibility study phase and concurrence of the project delivery method by
CMWD prior to consideration for approval of the project development phase by the CMWD Board.
If the project development phase is approved by the CMWD Board, these services may be
performed under an amendment to the professional services agreement for the feasibility study
phase.
Project Development RFP
The Consultant will provide the following services during the Request for Proposals for the project
development phase:
• Attend monthly meetings and prepare meeting agenda and minutes.
• Assist CMWD staff with community engagement and public outreach. Assume three
community workshops.
• Prepare a Request for Proposals for a solar project developer to perform engineering
design, prepare environmental compliance documents (CEQA and/or NEPA), regulatory
permitting, and construction, operation and maintenance of the project.
• Attend and conduct a pre-proposal meeting with interested solar project developers.
Provide clarification of the RFP and answer proposers questions via addenda.
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page I 16
Page 21 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
• Assist CMWD staff in the selection of a solar project developer. The Consultant shall
develop the ranking criteria in coordination with CMWD and review and rank all proposals
received in response to the RFP.
• Assist CMWD in contract negotiations with the top-ranked solar project developer.
Project Development and Commissioning
The Consultant's scope of services during this phase will be negotiated following the award of a
contract to the solar project developer. The requested services are expected to be inclusive
through commissioning of the Project.
• Provide consulting services during project development to include review of
environmental studies and project schedules, and engineering plans, specifications, and
cost estimates prepared by the solar project developer.
• Provide construction management and inspection during construction of the project.
Conduct progress meetings. Review construction schedules, RFls, design revisions, and
contractor's material submittals. Track all correspondence and maintain all entries in the
project document file management system.
• Review operation and maintenance plans and warranties.
• Oversee testing, startup and commissioning of the system.
6. PROPOSAL CONTENT REQUIREMENTS. Proposals shall be no more than 30 pages in length
excluding front and back covers, cover letter, team member's resumes and other appendix
contents. The submittal package shall include the following sections in the order listed below:
Cover Letter
Provide a letter of transmittal signed by an individual authorized to bind the proposing entity
stating the firm has read and will comply with all terms and conditions of the RFP. The following
contents shall also be included:
a. A brief description of the firm leading the project including the size of the organization,
location of office, years in business, principal parties and project manager who will lead
project.
b. A statement regarding the Consultant's project manager and other key staff's ability to
dedicate expertise and resources to this project.
c. The project manager's contact information.
Project Team -35 Points
Provide the project team organization, structure, names, and qualifications of other key
individuals and subconsultants and their respective roles. Include a detailed summary of your
team's organizational structure, including internal and subconsultant teams, assembled for the
project and the proposed distribution of assignments. Include qualifications, prior experience, and
ability to perform the services as they relate to the requested services.
A detailed introduction of the project manager tasked to lead the project shall be provided in this
section. Include summary of education, experience, certifications, and area of expertise. It is
expected that a Registered Electrical or Civil Engineer licensed in the State of California will be in
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page I 17
Page 22 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
responsible charge of the project and will be assisted by licensed professional engineers in other
disciplines as required.
CMWD's evaluation of the project team will be based on the entire team. If your team is selected,
CMWD will not allow changes in the team composition without proper justification by the
Consultant and prior CMWD approval. The selected Consultant shall have the design experience,
capacity, and qualified staff to perform the work as described in a timely manner.
Reference Projects -30 Points
Provide three (3) reference projects that were led by the proposed project manager. Reference
projects should be similar in scope as described in this RFP. Provide a brief description and dates
of the project, and clearly define the project manager's role and activities. Provide contact
information for each project owner/agency that includes the agency name, address, and client
contact information. The selection committee will validate stated experience by contacting these
references.
Project Approach -25 Points
Provide a scope of work to address the tasks requested herein. The approach and methodologies
to complete each task should be thoroughly described. Identify key individuals and
subconsultants assigned to each task and describe the equipment or software programs proposed
for use in accomplishing these activities. Any additions or modifications to the requested services
listed in this RFP shall be clearly described.
Project Schedule -10 Points
Based on the proposed scope of services, provide a project schedule that indicates the order of
tasks and critical milestones. Provide a brief description of schedule and cost control measures
and their utilization to ensure the efficient completion of the tasks and project. All project tasks
should be addressed in the proposed project schedule.
Rate Schedule
Provide a schedule of hourly bill rates for each project team member, mileage rate and travel
costs, and any other direct or indirect costs including the costs for materials and subcontracted
services. Subconsultant mark-up is limited to 5%. The rate and fee schedule shall be submitted
separately with a project proposal fee, which will be used as the basis of fee negotiation with the
selected Consultant and will be valid for the duration of the agreement term unless amended.
Additional Information -CMWD has outlined the requirements of this RFP in as much detail as is
currently known. Proposers may add relevant information not requested in this RFP, but the
information should be in addition to, not instead of, the requested information and format.
Appendix (include the following documents at the end of proposal)
• Attachment A, Certification of Proposer-Complete, sign, and date the Certification of
Proposer enclosed with this RFP.
• Project Team Resumes
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page I 18
Page 23 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
7. SELECTION CRITERIA AND SCORING
Proposals will be reviewed and ranked by a selection committee comprised of CMWD staff.
Selection will be based on the contents and scoring criteria provided in Section 6.
After discussion and ranking by the selection committee and depending on the number of
proposals received, up to three firms may be invited for a presentation and interview by CMWD
prior to final Consultant selection. If CMWD selects this approach, a three-week notice will be
given to the Consultants to prepare for the interview.
Fees will not be used to determine the ranking of the consultants. CMWD may interview a short
list of top ranked qualified consultants or proceed directly to negotiating the final scope of
services and fee with the top ranked Consultant. Consultant selection will be based upon
qualifications and experience, technical merit and value to CMWD, and contract award, if any,
will be made to the proposer whose proposal best serves the interests of CMWD as it determines
in its sole discretion.
The selected Consultant will be asked to enter negotiations for the professional services contract.
Upon notification of award, the Consultant will be invited to attend an award meeting with CMWD
staff. The proposed scope of services, fee schedule, and project schedule will be discussed at this
time and is subject to negotiation. The Consultant shall submit any revisions to these documents
within two weeks following this meeting. All previously prepared material gathered by CMWD (as-
builts, shape files, file geodatabases) will be provided upon acceptance of the Consultant's scope
and fee.
If a scope, fee, schedule, or if the terms and conditions of CMWD's Professional Services
Agreement provided in Attachment B cannot be agreed upon with the highest-ranking
Consultant, CMWD will terminate negotiations and enter negotiations with the next highest-
ranking Consultant. Please note that CMWD reserves the right to take any or no action based on
responses to this request for proposal, including the acceptance or rejection of proposals and
the inclusion and deletion of any combination of the work items for the project.
CMWD reserves the right to reject any or all submittals for any reason and seek re-advertisement
or take other actions.
CMWD reserves the right to retain all proposals and to use any ideas in a submittal regardless of
whether that submittal is selected. By submitting a Proposal, the firm agrees to commit the firm
and provide the proposed services under the contract. There is no expressed or implied obligation
for CMWD to reimburse responding firms for any expenses incurred in preparing submittals in
response to this RFP. Submittals (including accompanying materials) will become the property of
CMWD. Submittals will be held in confidence to the extent permitted by law. After award of a
contract or after rejection of all submittals, the submittal will be public records subject to
disclosure under the California Public Records Act (Government Code Section 6250 et seq.).
A Proposer is eligible for award of service contracts by CMWD so long as the contract in question
does not create an actual, potential, or apparent financial or organizational conflict of interest. A
prohibited organizational conflict of interest exists when a Proposer is or may be unable to render
impartial, objective assistance or advice to CMWD or where a proposer would receive an unfair
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page I 19
Page 24 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
competitive advantage. Proposers that have a conflict of interest due to performing work for
CMWD are ineligible to submit their Proposal. A process for determining whether a Proposer has
a conflict of interest is set forth in the Carlsbad Municipal Code Section Title 1 Chapter 1.14.
Conflict of interest requirements apply to the prime Proposer, its subcontractors, and affiliates of
either. An affiliate is a firm that is subject to the control of the same persons through joint
ownership or otherwise.
Thank you for your interest in providing your services to the Carlsbad Municipal Water District.
Graham Jordan
Contract Administrator
Graham.Jordan@carlsbadca.gov
442-339-2462
Attachments: A -Statement of Qualifications Questionnaire
B -Rate Schedule (Example)
C -Sample Agreement for Professional Services
D -Location Map
E -General Services Administration (GSA) Standard Form 330 (SF 330)
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page I 20
Page 25 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1 C4-7BF9549C7B84
ATTACHMENTS
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page I 21
Page 26 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
ATTACHMENT A
CERTIFICATION OF PROPOSER
I certify that I have read this Request for Proposals for the Maerkle Reservoir Solar Project Feasibility Study
and the instructions for submitting a Proposal. I further certify that I must submit the firm's Proposal in
response to this request and that I am authorized to commit the firm to the Proposal submitted.
Signature Typed or Printed Name
Title Company
Telephone Address
Fax Address
Date
If you are submitting a Proposal as a corporation, please provide your corporate seal here:
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Maerkle Reservoir Solar Project -Feasibility Study
March 25, 2025 Item #6
Page I 22
Page 27 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
ATTACHMENT B-RATE SCHEDULE (EXAMPLE)
Prices valid through Term of Agreement
STAFF
NAME TITLE
1. Joe Engineer Principal
2. Mary Manager Project Manager
3. Dora Designer Design Engineer
4.
5.
9.
10.
SUB-CONSULTANTS
NAME[FIRM TITLE
1. Samuel Surveyor/ Sam's Surveying Licensed Surveyor
2.
3.
9.
10.
EXPENSES
DESCRIPTION COST
1. Mileage $X.XX/ mile
2. Copy services $X.XX/ page
3.
4.
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Project 4722 -MAERKLE RESERVOIR SOLAR PROJECT
March 25, 2025
HOURLY RATE
$XXX.XX
$XXX.XX
$XXX.XX
HOURLY RATE
$XXX.XX
% MARKUP
XX%
XX%
Item #6
Page I 23
Page 28 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
ATTACHMENT C-PROFESSIONAL SERVICES AGREEMENT (SAMPLE)
AGREEMENT FOR (INSERT TYPE OF SERVICES) SERVICES
(NAME OF CONTRACTOR)
THIS AGREEMENT is made and entered into as of the ______ day of
-------~ 20_, by and between the Carlsbad Municipal Water District, a Public Agency
organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad,
California, ("CMWD"), and--------~ a-----~ ("Contractor").
RECITALS
A. CMWD requires the professional services of a consultant that is experienced in
B. Contractor has the necessary experience in providing professional services and advice
related to __________ _
C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability
to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,
CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services")
that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this
Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan
Southern California area and will use reasonable diligence and best judgment while exercising its
professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of ___ ( __ )(s) year from the date first
above written. The Executive Manager may amend the Agreement to extend it for ___ _
----~ additional ____ ) year(s) periods or parts thereof. Extensions will be
based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds
by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective
date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term shall not exceed
_____ dollars($ __ ~• No other compensation for the Services will be allowed except for items
covered by subsequent amendments to this Agreement. If CMWD elects to extend the Agreement, the
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Project 4722 -MAERKLE RESERVOIR SOLAR PROJECT
March 25, 2025 Item #6
Page I 24
Page 29 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
amount shall not exceed ___ dollars ($ ___ ~ per Agreement year. CMWD reserves the right to
withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in
Exhibit "A."
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A."
6.
6.1
PUBLIC WORKS
Prevailing Wage Rates
Any construction, alteration, demolition, repair, and maintenance work, including work performed during
design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000
and performed under this Agreement constitute "public works" under California Labor Code section 1720
et seq. and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft
or type of worker needed to execute the contract, shall be those as determined by the Director of
Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 ofthe California Labor Code. Pursuant
to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the
office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages
to all such workers employed by him or her in the execution of the Agreement. Contractor and any
subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires
keeping accurate payroll records, verifying and certifying payroll records, and making them available for
inspection. Contractor shall require any subcontractors to comply with Section 1776.
6.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any
subcontractor or subconsultant performing any public work under this Agreement to be currently
registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section
1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be
qualified to engage in the performance of any contract for public work, unless currently registered and
qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of
public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish CMWD
with the subcontractor or subconsultant's current DIR registration number.
7. CONSTRUCTION MANAGEMENT SOFTWARE
Procore Project Management and Collaboration System. This project may utilize the Owner's Procore
(www.procore.com) online project management and document control platform. The intent of utilizing
Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team
dynamic by improving information flow, reducing non-productive activities, reducing rework and
decreasing turnaround times. The Contractor is required to create a free web-based Procore user
account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system.
Unless the Engineer approves otherwise, the Contractor shall process all project documents through
Procore because this platform will be used to submit, track, distribute and collaborate on project. If
unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall
complete a free training certification course located at http://learn.procore.com/procore-certification-
subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either
through the online training or reaching out to the Procore support team. It will be the responsibility of the
Contractor to regularly check Procore and review updated documents as they are added. There will be no
cost to the Contractor for use of Procore.
It is recommended that the Contractor provide mobile access for Windows, iOS located at
https:ljapps.apple.com/us/app/procore-construction-management/id374930542 or Android devices
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Project 4722 -MAERKLE RESERVOIR SOLAR PROJECT
March 25, 2025 Item #6
Page I 25
Page 30 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App
installed to at least one on-site individual to provide real-time access to current posted drawings,
specifications, RFls, submittals, schedules, change orders, project documents, as well as any deficient
observations or punch list items. Providing mobile access will improve communication, efficiency, and
productivity for all parties. The use of Procore for project management does not relieve the contractor of
any other requirements as may be specified in the contract documents.
8. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit
of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control
of CMWD only as to the result to be accomplished but will consult with CMWD as necessary. The persons
used by Contractor to provide services under this Agreement will not be considered employees of CMWD
for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete compensation
to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of
Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers'
compensation insurance or unemployment contributions on behalf of Contractor or its employees or
subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty {30) days for
any tax, retirement contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which CMWD may be required to make on behalf of Contractor or any agent,
employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election,
CMWD may deduct the indemnification amount from any balance owing to Contractor.
9. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If
Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and
omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the
subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor.
Nothing contained in this Agreement will create any contractual relationship between any subcontractor
of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will
bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement
applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved
in writing by CMWD.
10. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
11. INDEMNIFICATION
Contractor agrees to defend (with counsel approved by CMWD), indemnify and hold harmless CMWD and
the City of Carlsbad and its officers, elected and appointed officials, employees and volunteers from and
against all claims, damages, losses and expenses including attorney's fees arising out of the performance
of the work described herein caused by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose
acts any of them may be liable.
If Contractor's obligation to defend, indemnify, and/or hold harmless arises out of Contractor's
performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then,
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Project 4722 -MAERKLE RESERVOIR SOLAR PROJECT
March 25, 2025 Item #6
Page I 26
Page 31 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein,
Contractor's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to
the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a
final adjudication by a court of competent jurisdiction. Contractor's liability for such claim, including the
cost to defend, shall not exceed the Contractor's proportionate percentage of fault.
The parties expressly agree that any payment, attorney's fee, costs or expense CMWD or the City of
Carlsbad incurs or makes to or on behalf of an injured employee under CMWD's self-administered
workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
12. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all amendments,
insurance against claims for injuries to persons or damage to property which may arise out of or in
connection with performance of the services by Contractor or Contractor's agents, representatives,
employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and
authorized to do business in the State of California. The insurance carrier is required to have a current
Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of
Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X";
OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC)
latest quarterly listings report.
12.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits
indicated below, unless the Risk Manager or Executive Manager approves a lower amount. These
minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification
obligations under this Agreement. CMWD, its officers, agents and employees make no representation that
the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate
to protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's
sole expense. The full limits available to the named insured shall also be available and applicable to CMWD
as an additional insured.
12.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence"
basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a
general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required occurrence limit.
12.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property damage.
12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor has no
employees and provides, to CMWD's satisfaction, a declaration stating this.
12.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of
five years following the date of completion of the work.
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Project 4722 -MAERKLE RESERVOIR SOLAR PROJECT
March 25, 2025 Item #6
Page I 27
Page 32 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
12.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this
Agreement contain, or are endorsed to contain, the following provisions:
12.2.1 CMWD will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to CMWD.
12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
12.2.3 If Contractor maintains higher limits than the minimums shown above, the City
requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available
to the City."
12.2.4 This insurance will be in force during the life of the Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail
pursuant to the Notice provisions of this Agreement.
12.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD.
12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages,
then CMWD will have the option to declare Contractor in breach or may purchase replacement insurance
or pay the premiums that are due on existing policies in order to maintain the required coverages.
Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD
may collect these payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
12.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and
certified copies of any or all required insurance policies and endorsements.
13. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as
may be amended from time-to-time.
14. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during
normal business hours to examine, audit, and make transcripts or copies of records and any other
documents created pursuant to this Agreement. Contractor will allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of four (4) years from the
date of final payment under this Agreement.
15. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this
Agreement is the property of CMWD. In the event this Agreement is terminated, all work product
produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Project 4722 -MAERKLE RESERVOIR SOLAR PROJECT
March 25, 2025 Item #6
Page I 28
Page 33 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for
Contractor's records.
16. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor
relinquishes all claims to the copyrights in favor of CMWD.
17. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice on behalf
of CMWD and on behalf of Contractor under this Agreement.
ForCMWD For Contractor
Name
Title
Name
Title
Address
Project Manager
Address
Phone
Carlsbad Municipal Water District
Phone
E-mail
Each party will notify the other immediately of any changes of address that would require any notice or
delivery to be directed to another address.
18. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the CMWD Conflict of Interest Code. The Contractor shall report investments or interests
as required in the CMWD Conflict of Interest Code.
Yes □ No □
If yes, list the contact information below for all individuals required to file:
Name Email Phone Number
19. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which
in any manner affect those employed by Contractor, or in any way affect the performance of the Services
by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and
regulations and will be responsible for the compliance of Contractor's services with all applicable laws,
ordinances and regulations.
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Project 4722 -MAERKLE RESERVOIR SOLAR PROJECT
March 25, 2025 Item #6
Page I 29
Page 34 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will
comply with those requirements, including, but not limited to, verifying the eligibility for employment of
all agents, employees, subcontractors and consultants that the services required by this Agreement.
20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS
Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package
delivery vehicles operated in California may be subject to the California Air Resources Board (CARB)
Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce
emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage
at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.
21. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
22. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will be used
to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties.
Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing.
A copy of such documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative receiving the letter
will reply to the letter along with a recommended method of resolution within ten (10) business days. If
the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will
be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions
recommended by each party and may then opt to direct a solution to the problem. In such cases, the
action of the Executive Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
23. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by
this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned by
CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a
determination of fact based upon the work product delivered to CMWD and of the percentage of work
that Contractor has performed which is usable and of worth to CMWD in having the Agreement
completed. Based upon that finding CMWD will determine the final payment of the Agreement.
CMWD may terminate this Agreement by tendering thirty (30) days written notice to Contractor.
Contractor may terminate this Agreement by tendering _____ ( ) days written notice to
CMWD. In the event of termination of this Agreement by either party and upon request of CMWD,
Contractor will assemble the work product and put it in order for proper filing and closing and deliver it
to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not
exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to
the portions of tasks completed and the compensation to be made.
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Project 4722 -MAERKLE RESERVOIR SOLAR PROJECT
March 25, 2025 Item #6
Page I 30
Page 35 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
24. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other than a
bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award
or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration,
or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or
contingent fee.
25. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be
asserted as part of the agreement process as set forth in this Agreement and not in anticipation of
litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to
CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor
acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this
Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public
entity. These provisions include false claims made with deliberate ignorance of the false information or in
reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to
the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor
acknowledges that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work
or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another
jurisdiction is grounds for CMWD to terminate this Agreement.
26. JURISDICTION AND VENUE
This Agreement shall be interpreted in accordance with the laws of the State of California. Any action at
law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for
by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of
California, and the parties waive all provisions of law providing for a change of venue in these proceedings
to any other county.
27. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and
their respective successors. Neither this Agreement nor any part of it nor any monies due or to become
due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be
unreasonably withheld.
28. THIRD PARTY RIGHTS
Nothing in this Agreement should be construed to give any rights or benefits to any party other than the
City and Contractor.
29. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along with
the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the
Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Project 4722 -MAERKLE RESERVOIR SOLAR PROJECT
March 25, 2025 Item #6
Page I 31
Page 36 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may
be executed in counterparts.
30. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor
each represent and warrant that they have the legal power, right and actual authority to bind Contractor
to the terms and conditions of this Agreement.
Execute by Contractor this ___ day of ____ ~ 20 __ .
CONTRACTOR
a ________ _
By:
(sign here)
(print name/title)
By:
(sign here)
(print name/title)
CARLSBAD MUNICIPAL WATER DISTRICT, a
Public Agency organized under the Municipal
Water Act of 1911, and a Subsidiary District of
the City of Carlsbad
By:
[INSERT TITLE OF PERSON AUTHORIZED TO SIGN
(President or Executive Manager
or Division Director as authorized by the
Executive Manager
ATTEST:
SHERRY FREISINGER, Secretary
By:
Deputy Secretary
If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. !fE.
corporation, Agreement must be signed by one corporate officer from each of the following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, General Counsel
BY: --------------Deputy/ Assistant General Counsel
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Project 4722 -MAERKLE RESERVOIR SOLAR PROJECT
March 25, 2025 Item #6
Page I 32
Page 37 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
EXHIBIT A
SCOPE OF SERVICES AND FEE
(Itemized List of what Contractor will do for CMWD and at what price. Remove before finalizing)
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Project 4722 -MAERKLE RESERVOIR SOLAR PROJECT
March 25, 2025 Item #6
Page I 33
Page 38 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1 C4-7BF9549C7B84
ATTACHMENT D
LOCATION MAPS
PUBLIC WORKS -REQUEST FOR PROPOSALS #RFP25-3680UTIL
Project 4722 -MAERKLE RESERVOIR SOLAR PROJECT
March 25, 2025 Item #6
Page I 34
Page 39 of 40
Docusign Envelope ID: 04E14992-FFBE-45A2-B1C4-7BF9549C7B84
March 25, 2025
Staff report dated Nov. 19, 2024
(on file in the Office of the City Clerk)
Item #6
Exhibit 2
Page 40 of 40
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Council Internet Email
Tuesday, March 25, 2025 10:10 AM
City Clerk
FW:#6
From: Barbara Diamond <diamondbarb@gmail.com>
Sent: Tuesday, March 25, 2025 9:07 AM
To: Council Internet Email <Council@carlsbadca.gov>
Subject: #6
Council of Carlsbad,
All Receive -Agenda Item # JJ2.
For the Information of the:
CITY COUNCIL
Dat@f/.;;g:_A v CC _::::-
CM / ACM ........--ocM {3)~
I was happy to learn that you will proceed with a feasibility study for
a proposed solar farm at Maerkle Reservoir. It would remove power
lines that pose a fire threat, in addition to providing power to 10,000
homes.
THANK YOU
Also, please study the possibility of a solar microgrid at the Orion
Safety Center campus which would use the power generated by the
power from the reservoir.
Sincerely,
Barbara C. Diamond
3808 Skyline Rd, Carlsbad, CA 92008
~Barbara Diamond~
CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i
1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Dear Carlsbad City Council,
Liz <1izvolunteer247@gmail.com>
Tuesday, March 25, 2025 12:38 PM
City Clerk
Maerkle Reservoir Solar Project Feasibility Study
Thank you for your leadership and for moving forward with the Maerkle Reservoir Solar Project Feasibility
Study.
As a new resident of Carlsbad, I am glad to live in a city whose leaders have the vision to address the
urgent issue of climate change and make the investments needed to address the short and long term
impact on current residents and future generations.
With gratitude,
Liz Treiber
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i
1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Mary Hassing <mehassing@gmail.com>
Tuesday, March 25, 2025 1 :03 PM
City Clerk
Comment on Agenda item #6, March 25, 2025 meeting
Mayor Blackburn, Members of the Council,
Thank you for going ahead with a feasibility study for the proposed solar farm at Mearkle Reservoir. This effort
to create energy locally instead of relying on miles of power lines from a distant source is a big step toward the
goal of an environmentally sustainable future. I understand the solar farm could power up to 10,000 homes.
I also ask that you consider revisiting the feasibility of establishing a microgrid at the Orion Safety Center,
using the power from the solar farm and adding battery storage. A microgrid would ensure that the center
would have an independent and reliable source of renewable energy.
I am proud to live in a city with a robust Climate Action Plan that prioritizes clean air and fights climate change.
I thank you for considering these proposals.
Sincerely,
Mary Hassing
Carlsbad
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i
safe.
1