2025-04 PFAS Water Treatment Facility Design.pdf

i

Request for Proposals July 2025

Cherokee Metropolitan District

Design Services for PFAS Water Treatment

Facility

RFP No. 2025-04 ii

Table of Contents Section 1. Background

1.1 Introduction

1.2 District Potable Water System Information

1.3 RFP Organization

1.4 Owner’s Objectives

Section 2. Project Overview

2.1 Project Scope

2.2 Project Schedule

Section 3. Services

3.1 General

3.2 Roles and Responsibilities

Section 4. Procurement Process

4.1 Acknowledgement of RFP

4.2 Communications and Owner Contact

4.3 Procurement Schedule

4.4 Presubmittal Meeting

Section 5. Proposal Submission Requirements

5.1 Submittal Place and Deadline

5.2 Submission Format

5.3 Submission Content

5.3.1 Transmittal Letter

5.3.2 Part 1 – Executive Summary

5.3.3 Part 2 – Design Engineer Profile

5.3.4 Part 3 – Project Team

5.3.5 Part 4 – Experience

5.3.6 Part 5 – Project Approach

5.3.8 Part 6 – Project Fee and Rate Schedule

Section 6. Proposal Evaluation and Selection

6.1 General

6.2 Responsiveness

6.3 Minimum Qualification Requirements

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6.4 Comparative Evaluation Criteria

6.5 Selection

Section 7. Conditions for Proposers

7.1 Conflict of Interest

7.2 Proprietary Information

7.3 Rights of the Owner

7.4 Owner Authority

7.5 Obligation to Keep Project Team Intact

7.6 Addenda

7.7 Protests

Appendix A: Definition of Terms ............................................................................................... A-1

Appendix B: Design Engineer’s General Scope of Services ...................................................... B-1

Appendix C: Master Services Agreement................................................................................... C-1

Appendix D: Project Background Documents ............................................................................ D-1

Appendix E: Project Technical Requirements ............................................................................. E-1

Appendix F: Project Fee and Rate Schedule (Proposal Attachment C) ....................................... F-1

Section 1. Background

1.1 Introduction

Cherokee Metropolitan District (CMD) is a quasi-municipal corporation and political subdivision of the State of Colorado, providing water, sewer, parks, and street lighting services to an approximately 5,000-acre area of unincorporated El Paso County. CMD operates a raw water production system, a water treatment facility, and a treated water distribution system that serves over 29,000 residents in its main service area along with Schriever Space Force Base and a number of small communities in the eastern and central El Paso County. Water is sourced from the Upper Black Squirrel Alluvial Aquifer and Denver Basin Aquifers in El Paso County.

This request for proposals (RFP) for the DESIGN SERVICES for the PFAS WATER

TREATMENT FACILITY (Project) invites Proposals according to the requirements set forth in this RFP, including the format and content guidelines in Section 5. This Project includes Design

Services for a new PFAS treatment facility. CMD is currently purchasing land in the vicinity of

Ellicott, CO for the project. Infrastructure design to connect the site to existing CMD infrastructure will be part of a separate project. This project includes a raw water storage tank, two potable water storage tanks, a pump station, PFAS treatment, an operations building, and will provide raw and potable water connection points at the property line for the future water line construction. The Project will be delivered using the Construction Manager at Risk (CMAR) project delivery method. The Design Engineer’s Scope of Services is included in Appendix B.

The Proposals will be reviewed and evaluated using the single-step, best-value selection process described in Section 6. The capitalized terms in this RFP have the meanings as first used in the text of this RFP and as defined in Appendix A (Definition of Terms).

At completion of the evaluation process, Cherokee Metropolitan District (Owner) will select a

Proposer to award, or enter into negotiations for award of, the Design Contract subject to

Cherokee Metropolitan District’s Master Services Agreement (see Appendix C: Master Services

Agreement).

This RFP is subject to revision after the date of issuance via written addenda. It is each

Proposer’s responsibility to obtain all RFP addenda prior to submitting its Proposal.

In no event will the Owner be liable for any costs incurred by any Proposer or any other party in developing or submitting a Proposal.

1.2 District Potable Water System Information

Cherokee Metropolitan District’s potable water supply originates in the Upper Black Squirrel

Creek Alluvial Aquifer in El Paso County. It is withdrawn by 22 wells spread along Ellicott

Highway which currently delivers the raw water to a central raw water transmission line near

Ellicott, CO. Water quality is relatively consistent across the aquifer and only chlorination is currently required to meet current EPA and CDPHE primary drinking water standards. Recent testing reveals that Per- and Polyfluoroalkyl Substances (PFAS) are present in some wells which cause blended water to exceed proposed regulatory PFAS limits.

In anticipation of upcoming EPA Maximum Contaminant Levels (MCLs) for PFOA and PFOS at 4 parts per trillion (ppt), CMD plans to construct a water treatment facility to meet those requirements. A study has been completed to evaluate treatment alternatives in order to select a preferred treatment process. The PFAS Treatment Evaluation memo is attached in Appendix D:

Project Background Documents. The anion exchange resin (IX) adsorption process was selected as the preferred approach to achieve compliance with the PFAS MCLs due to superior treatment performance and low life cycle costs.

1.3 RFP Organization

This RFP consists of seven Sections and six Appendices:

• Section 1: Background

• Section 2: Project Overview

• Section 3: Design Services

• Section 4: Procurement Process

• Section 5: Proposal Submission Requirements

• Section 6: Proposal Evaluation and Selection

• Section 7: Conditions for Proposers

• Appendix A: Definition of Terms

• Appendix B: Design Engineer’s General Scope of Services

• Appendix C: Cherokee Metropolitan District Master Services Agreement

• Appendix D: Project Background Documents

• Appendix E: Project Technical Requirements

• Appendix F: Project Fee and Rate Schedule

The contents of the RFP Appendices take precedence over any conflicting statements in the RFP

Sections.

Certain project background documents are being made available as Appendix D (Project

Background Documents) for the purpose of preparing Proposals. The Owner is providing these documents only for the purpose of obtaining Proposals for the Project and does not confer a license or grant for any other use. The extent to which the Design Engineer may rely on such background documents is set forth in Appendix C.

1.4 Owner’s Objectives

The Owner’s objectives for delivery of the Project are as shown below. The objectives are not shown in any order of priority:

• Safety: Implement an effective safety program incorporating best industry practices.

• Quality: Provide design and construction documents for a new PFAS water treatment facility and equipment that will reliably treat Cherokee’s raw water to a potable standard in full compliance with anticipated federal and state PFAS regulations and contractual standards for water quality over the range of raw water quality conditions set forth in

Appendix E (Project Technical Requirements).

• Cost: Achieve an optimal balance of initial cost and minimized life-cycle cost.

• Schedule: Develop and maintain a project schedule which balances meeting the EPA’s aggressive compliance schedule with industry standard quality assurance. Schedule must also allocate reasonable time for state and local regulatory reviews.

Section 2. Project Overview

2.1 Project Scope

The Project scope, design standards and performance requirements are described in greater detail in Appendix B (Design Engineer’s General Scope of Services) and E (Project Technical

Requirements).

2.2 Project Schedule

As indicated in Section 4, it is anticipated that the Master Services Agreement and Work Order will be executed on or about September 16, 2025. The design and applicable permitting of the final plans are expected to be completed no later than March 2027. These dates are approximate and subject to change.

Section 3. Services

3.1 General

Project services generally consist of engineering, site survey, permitting support, geotechnical investigations, design development, and CMAR coordination. A general list is provided below:

• Develop a Project execution plan, including Project schedule.

• Site surveys including topographic, geotechnical, and environmental investigations required for the facility design and any permit requirements.

• CMAR meetings and design development coordination.

• 30% design documents and reports

• CMAR selection support

• 60% design documents and reports

• CDPHE permit application

• Develop the engineering design to released for construction (RFC) drawings and specifications (including preparing and submitting intermediate design review packages) design level including El Paso County site development permits and requirements. The project may be divided into separate construction packages to allow the CMAR to begin construction of the project and begin procurement of long lead time items before all project elements are advanced to RFC level plans and specifications.

• Contribute to value-engineering activities in conjunction with Owner and CMAR.

• Prepare project quantities for the CMAR’s detailed construction cost estimates as the design and design alternatives are advanced (30%, 60%, and 90%)

• Identify all Project permitting requirements and provide support for obtaining the needed permits.

• Additional construction support under a separate task may include Construction Phase

Services, Close-out Phase Services; and Warranty Phase Services

3.2 Roles and Responsibilities

Owner: The Owner will cooperate with the Design Engineer and will fulfill its responsibilities in a timely manner to facilitate the Design Engineer’s timely and efficient performance of services.

Owner responsibilities include:

• Review submissions and provide comments to Design Engineer.

• Furnish existing studies and provide complete, accurate and reliable data and information regarding the Project, including record drawings, preliminary studies, environmental impact assessments, operational records, etc.

• Provide information and provide (or engage Design Engineer to perform) additional studies that may be necessary to complete the Project.

• Provide adequate funding.

• Provide access to the Project site and any necessary easements.

• For project permits and approvals which the owner must file, make filings using Design

Engineer’s supporting documentation and provide related correspondence to Design

Engineer.

• Provide necessary data and access for Project startup and performance testing.

Design Engineer: The Design Engineer will cooperate with the Owner and will provide in a timely manner the services necessary to complete the Project scope specified in this RFP. Design

Engineer responsibilities include:

• Prepare design and construction documents.

• Supervise subcontractors and Design Engineer personnel.

• Obtain project approvals and permits and support owner applications when needed.

• Implement and adhere to quality-management procedures.

• Coordinate with Owner and CMAR.

The roles and responsibilities of the Owner and the Design Engineer are more fully described in

Appendix C.

Section 4. Procurement Process

4.1 Acknowledgement of RFP

Attendance at the mandatory presubmittal meeting will serve as acknowledgement of this RFP.

4.2 Communications and Owner Contact

On behalf of the Owner, Troy Slocum, PE will act as the sole point of contact for this RFP and shall administer the RFP process. All communications shall be submitted by email, and shall specifically reference this RFP. All questions or comments should be directed to the Owner

Contact as follows:

Troy Slocum

District Engineer tslocum@cherokeemetro.org

No oral communications from the Owner Contact or other individual are binding. No contact with Owner staff, board members or any public official concerning the Project during the procurement process is allowed. A violation of this provision may result in disqualification of

Proposer.

4.3 Procurement Schedule

The current procurement schedule is as follows:

Issue RFP July 18. 2025

Pre-proposal meeting August 1, 2025 at 9 AM (District Office)

Deadline for questions August 15, 2025 at 5 PM

Owner’s Final Addendum August 20, 2025

Submit Proposal August 29, 2025 5 PM

Interviews (if required) September 3-5, 2025

Proposal evaluation/selection September 8, 2025

Contract negotiations conclude September 15, 2025

Award Contract September 16, 2025 (Regular Board Meeting)

4.4 Presubmittal Meeting

Owner will conduct a presumbittal meeting for those interested in responding to the RFP.

Attendance at this meeting is mandatory. The meeting will be held at the Cherokee

Metropolitan District Office (a Teams Meeting Link option will be offered if requested) on

August 1st, starting at 9:00 am. At this meeting, Owner will offer information about the Project and the procurement process. Proposers shall advise the Owner Contact by July 30, 2025 of the names of individuals who will attend the pre-proposal meeting. Due to space constraints, each firm is limited to three (3) attendees at the meeting.

Section 5. Proposal Submission Requirements

5.1 Submittal Place and Deadline

Proposal submissions shall be made online by the date and time noted in the procurement schedule. Online submissions must be made using the Rocky Mountain Bidnet system at the record number: 2025-04

Each Proposer assumes full responsibility for timely delivery of its Proposal at the required location. Any Proposal received after the submittal deadline will be deemed non-responsive and returned.

5.2 Submission Format

The Proposal must not exceed thirty (30) total pages (most or all 8½ x 11 inch), excluding the transmittal letter, index or table of contents, front and back covers, title pages/separation tabs, and appendices. A maximum of five (5) of the total pages may be 11 x 17-inch tri-fold format.

Ten-point font or larger must be used in Proposal Parts 1 - 6.

5.3 Submission Content

The content requirements set forth in this RFP represent the minimum content requirements for the Proposal. It is the Proposer’s responsibility to include information in its Proposal to present all relevant qualifications and other materials. The Proposal, however, should not contain standard marketing or other general materials. It is the Proposer’s responsibility to modify such materials so that only directly relevant information is included in the Proposal.

The Proposal must include the following information in the order listed:

• Transmittal Letter

• Part 1 – Executive Summary

• Part 2 – Design Engineer Profile

• Part 3 – Project Team

• Part 4 – Experience

• Part 5 – Project Approach

• Part 6 – Proposal and Rate Form

• Attachment A – Resumes

• Attachment B – Supporting Documentation

• Attachment C – Proposal and Rate Form

5.3.1 Transmittal Letter

Proposers must submit a transmittal letter (maximum two pages) on the Proposer’s letterhead. It must be signed by a representative of the Proposer who is authorized to sign such material and to commit the Proposer to the obligations contained in the Proposal. The transmittal letter must include the name, address, phone number and e-mail address for the Proposer Contact and must specify who would be the Proposer’s signatory to any contract documents executed with the

Owner. The transmittal letter may include other information deemed relevant by the Proposer.

5.3.2 Part 1 – Executive Summary

The executive summary (maximum three pages) must include a concise overview of the key elements of the Proposal and must summarize and refer to information in the Proposal concerning satisfaction of the Minimum Qualifications Requirements. The executive summary shall not be used to convey additional information not found elsewhere in the Proposal.

5.3.3 Part 2 – Design Engineer Profile

A detailed and complete description of the company proposed as the Design Engineer must be provided in Part 2 of the Proposal. Information concerning Key Personnel and other firms that may be included on the Project Team, such as sub-Design Engineers and subcontractors, should be provided in Part 3 of the Proposal. The Design Engineer Profile must include the following information.

General

Provide general information about the Proposer, such as lines of business and service offerings, locations of home and other offices, number of employees (professional and non-professional), years in business, and evidence of required licenses. Provide licenses in

Appendix C (Supporting Documentation) of the Proposal.

Legal structure

Identify whether the Proposer is organized as a corporation, limited liability company (LLC), general partnership, joint venture, limited partnership, or other form of legal entity. As applicable, identify the owners of Proposer (e.g., shareholders, members, partners, and the like) who hold an interest of 10 percent or more.

Project office location

Identify where the Proposer intends to maintain its project office(s) and where the majority of the design work will be performed.

Financial condition

Upon request during the Owner’s project proposal evaluation process the Proposer shall provide audited financial statements for Proposer for the past three years and quarterly financial statements certified by the chief financial officer for the current year. If Proposer is a joint venture, LLC or partnership, it must provide such financial statements for each partner or member. If Proposer is unwilling or unable to provide audited financial statements, it must submit a letter of reference from the proposing firm's primary bank or financial institution which indicates the bank’s opinion on the proposing firm’s financial capacity to perform their obligations under the Agreement. Owner reserves their right to request additional financial information from the selected Design Engineer during contract negotiations.

Professional Responsibility

In this section of the Proposal, the Proposer must affirm that they are able to assume the relevant responsibilities as defined in the contract documents which will include Master

Services Agreement and the work order for the Project. Relevant sections of those documents are summarized below but do not constitute the whole or only requirements under the

Contract Documents.

• Design Engineer hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law.

• The work performed by Design Engineer shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Design Engineer hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations.

• The District's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

• Any subcontractors and outside associates or Design Engineers required by the Design

Engineer in connection with services under this Agreement will be limited to such individuals or firms as were specifically identified and agreed to in writing between the

District and Design Engineer. The District must give prior written approval for any substitutions, additions or deletions to such subcontractors, associates, or Design

Engineers. The work performed by such subcontractors, associates, or Design Engineers shall be in accordance with generally accepted practices and the level of competency presently maintained by such other persons practicing in the same or similar type of work in the applicable community.

• The Design Engineer shall not be liable for damages to the District caused by the errors, omissions or other deficiencies in performance to the extent attributable to the District or

District-furnished data. The Design Engineer shall not be responsible for any time delays in the project caused by circumstances beyond the Design Engineer's control.

Insurance

In this section of the Proposal, the Proposer must affirm that they can meet the insurance requirements as defined in the Contract Documents. Relevant sections of those documents are summarized below but do not constitute the whole or only requirements under the

Contract Documents.

• Design Engineer agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Design Engineer pursuant to this Agreement. Such insurance shall be in addition to any other insurance requirements imposed by law.

• Design Engineer shall procure and maintain, and shall cause any subcontractor to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the District. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.

o Worker's Compensation insurance to cover obligations imposed by applicable law for any employee engaged in the performance of work under this Agreement, and

Employer's Liability insurance with minimum limits of one million dollars

($1,000,000) each accident, one million dollars ($1,000,000) disease – policy limit, and one million dollars ($1,000,000) disease – each employee. Evidence of qualified self-insured status may be substituted for the requirements of this Paragraph.

o Commercial General Liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the District and the District's officers, employees, and Design Engineers as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations.

o Automobile liability insurance for bodily injury and property damage with minimum combined single limits of one million dollars ($1,000,000).

o Professional liability insurance with minimum limits of one million dollars

($1,000,000) each claim and one million dollars ($1,000,000) general aggregate.

• Any insurance carried by the District, its officers, its employees, or its Design Engineers shall be excess and not contributory insurance to that provided by Design Engineer.

Design Engineer shall be solely responsible for any deductible losses under any policy.

• Prior to contract award Design Engineer shall provide to the District a certificate of insurance, completed by Design Engineer's insurance agent, as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect. The certificate shall identify this Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated, or materially changed until at least thirty (30) days prior written notice has been given to the District. The District reserves the right to request and receive a certified copy of any policy and any endorsement thereto.

• Failure on the part of Design Engineer to procure or maintain the insurance required herein shall constitute a material breach of this Agreement upon which the District may immediately terminate this Agreement, or at its discretion, the District may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies paid by the District shall be repaid by

Design Engineer to the District upon demand, or the District may offset the cost of the premiums against any monies due to Design Engineer from the District.

Other Proposer Information

The Proposal must provide the following additional information pertaining to factors or events that have the potential to adversely impact the Proposer’s ability to perform its contractual commitments.

• Material adverse changes in financial position. Describe any material historical, existing, or anticipated changes in financial position, including mergers, acquisitions, takeovers, joint ventures, bankruptcies, divestitures, or any material changes in the mode of conducting business.

• Legal proceedings and judgments. List and briefly describe any pending or past (within five years) legal proceedings and judgments, or any contingent liability that could adversely affect the financial position or ability to perform contractual commitments to

Owner. If no such proceedings or judgments are listed, provide a statement to that effect.

• Completion of contracts. Has the Proposer failed to complete any contract, or has any contract been terminated due to alleged poor performance or default within the past five years? If so, describe the circumstances.

• Violation of laws. Has the Proposer been convicted of any criminal conduct or been found in violation of any federal, state, or local statute, regulation, or court order concerning antitrust, public contracting, employment discrimination or prevailing wages within the past five years? If so, describe the circumstances.

• Debarred from bidding. Has the Proposer been debarred within the past five years, or is it under consideration for debarment, from bidding on public contracts by the federal government or by any state? If so, describe the circumstances.

If any of the above questions is answered in a manner that indicates that any of these unfavorable factors or events are present, it is the Proposer’s responsibility to: (1) describe in detail the unfavorable factor or event; and (2) provide sufficient information to demonstrate that the unfavorable factor or event will not adversely impact the Proposer’s ability to perform its contractual commitments. Include these responses in Appendix C of the Proposal.

For all components of the Design Engineer Profile the Proposer must notify the Owner of any changes subsequent to submission of the Proposal and before the selection process is completed

(and, in the case of the selected Proposer, before execution of the Contract).

5.3.4 Part 3 – Project Team

Describe the composition, organization, and management of the Project Team in two separate subsections.

Design Engineer/Other Firms

• Identify any other firms (such as partners and subcontractors) included on the Project

Team along with the Proposer and describe the scope of the Proposer’s and each firm’s services and responsibilities throughout the Project.

• Describe the Proposer’s approach to the management of partners and subcontractors.

Key Personnel

• Identify all Key Personnel (and their firm affiliations) on the Project Team and describe their specific responsibilities throughout the Project. Key Personnel must include: overall project manager and division leads (e.g. structural, mechanical, process, hydraulic, etc with categories determined by Design Engineer)

• Describe the Proposer’s approach to managing such Key Personnel.

• Provide resumes for all Key Personnel in Proposal Appendix A (Resumes). Limit resumes to two pages per individual and include:

o Academic and professional qualifications o Professional registration (as applicable) o Experience as it relates to the Project and to the individual’s specified role on the

Project

Organization Chart

• Reporting relationships and responsibilities of all Key Personnel (along with their firm affiliations)

Any change in the firms or Key Personnel included in the Proposal would require Owner approval.

5.3.5 Part 4 – Experience

The Proposal must describe the performance history and experience of the Project Team on similar projects and provide information concerning safety.

Reference Projects

The Proposer shall submit descriptions of reference projects to demonstrate relevant experience.

Reference projects should share components with the CMD PFAS removal project which may include pressure vessels, pump systems, controls infrastructure, PFAS or other organic contaminant removal, or water treatment facility supporting infrastructure

Each project description shall contain at least the following information:

• Name of owner

• Owner reference and contact information

• Role of respondent

• Contract value

• Year started and year completed

• Description of the project showing relevance to this Project

• Key Personnel that participated in project and are included in this Proposal, along with a clear description of the project role and responsibility of each.

In addition, provide a summary table to cross-reference the Project Team (firms and Key

Personnel) with participation in the reference projects.

5.3.6 Part 5 – Project Approach

Provide a conceptual description (maximum six pages) of the Proposer’s approach for managing and performing its services during the Project. The following items should be addressed:

• Discuss how a collaborative relationship with the Owner and CMAR would be established during design development, scheduling, and cost estimating.

• Discuss how the design process will address constructability and permitting issues will be addressed.

• Identify the work components critical to the Project’s success and how these components would be achieved.

• Discuss how key risk factors will be identified and mitigated.

• Safety Program.

• QA/QC Program.

• Schedule.

In addition, the Project Approach must include brief descriptions of the Design Engineer’s approach to the following:

• Communications (with Owner and other stakeholders, such as regulatory agencies).

• Quality management.

• Risk management.

• Adherence to the proposed price and schedule.

5.3.8 Part 6 – Project Fee and Rate Schedule

• Each Proposer must complete RFP Appendix F (Project Fee and Rate Schedule) with all required pricing information and include it in their proposal as Attachment C. The scope of services for which pricing is required is defined in RFP Appendix B (Scope of

Services). Part 6 of the Proposal should describe the basis for the Project Fee and Rate

Schedule and discuss its viability from the Proposer’s perspective.

• The following are the components of Appendix F: Project Fee and Rate Schedule:

1. Fixed Price

2. Rates for Proposer’s personnel

Please be advised that the Owner is not interested in proposed fees or rates that provide excessive discounts from the Proposer’s anticipated actual costs for the requested services. If Owner determines (at its sole discretion) that the fees and rates included in a Proposal are unacceptably below industry norms or that a Proposer’s fees and rates are substantially or unacceptably below other Proposals, the Owner may (at its sole discretion) either declare that Proposal to be non-responsive or seek additional detailed information from that Proposer concerning the cost basis for its proposal and rate section, prior to rendering a decision on the Proposal’s responsiveness.

Section 6. Proposal Evaluation and Selection

6.1 General

The Owner’s selection committee will review and evaluate the Proposals according to the requirements and criteria outlined in this Section.

During the Proposal evaluation process, written questions or requests for clarification may be submitted to one or more Proposers regarding its Proposal or related matters. Failure to respond in a timely manner to any such questions or requests may be grounds for elimination of the

Proposer from further consideration. In addition, the Owner may require that all or a limited number of Proposers participate in interviews.

6.2 Responsiveness

Each Proposal will be reviewed to determine whether it is responsive to the RFP. Failure to comply with the requirements of this RFP may result in a Proposal being rejected as non-responsive. At its sole discretion, however, the selection committee may waive any such failure to meet a requirement of this RFP and may request clarification or additional information to remedy a failure.

6.3 Minimum Qualification Requirements

Each responsive Proposal will be reviewed to determine whether it meets the Minimum

Qualification Requirements outlined in this subsection. At its sole discretion, the selection committee may waive any failure to satisfy such requirements and may request clarification or additional information to address any questions that may arise in this regard. Any Proposal that does not satisfy all of the following Minimum Qualification Requirements may be rejected.

• Material adverse condition. The Design Engineer must not be subject to a material adverse condition, such as pending litigation, insufficient liquidity, weak operating net income or cash flow, or excessive leverage, that gives rise to reasonable doubt concerning its ability to continue to operate as an ongoing concern, to provide insurance, or to maintain sufficient financial strength to undertake and successfully complete the

Project and to mitigate/absorb Project risks.

• Licensing and registration. The Design Engineer and each firm must be licensed in

Colorado for the type of work to be performed. The Designer must include on the project team an engineer registered in Colorado.

• Design experience. Within the past 10 years, the Design Engineer must have successfully completed the design of at least five water treatment facility construction or improvement projects for municipal or industrial clients in the United States.

6.4 Comparative Evaluation Criteria

The selection committee will evaluate and rank the responsive Proposals that satisfy the

Minimum Qualification Requirements by applying the weighted comparative evaluation criteria set forth below. Financial condition is evaluated on a pass/fail basis as part of the Minimum

Qualification Requirements.

• Part 2 – Design Engineer Profile [10%] o General o Legal Structure o Project Office Location o Financial Condition o Material Adverse Conditions

• Part 3 – Project Team [20%] o Design Engineer/Subcontractors o Key Personnel o Team Management (firm’s and personnel)

• Part 4 – Experience [20%] o Projects o Safety

• Part 5 – Project Approach [25%]

• Part 6 – Proposal Fee and Rate Schedule [25%]

In ranking the proposals, the selection committee will use a 100-point scale whereby the maximum points awarded for each of the evaluation criteria will be based on the percentage weight set forth above.

6.5 Selection

After the evaluation process is complete, the Owner will notify Proposers of the rankings. The top-ranked Proposer will be selected for the Contract. If negotiations with any selected Proposer on the precise terms of the Design Engineer are not successful, the Owner may select the next-ranked Proposer for award.

Section 7. Conditions for Proposers

7.1 Conflict of Interest

The following laws mandate the public disclosure of certain information concerning persons doing business or seeking to do business with the Owner, including affiliations and business and financial relationships such persons may have with Owner officers.

• Colorado Open Records Act

7.2 Proprietary Information

All materials submitted to the Owner become public property and are subject to Colorado Open

Records Act. If the Proposal contains proprietary information that the Proposer does not want disclosed, each page containing such information must be identified and marked

“PROPRIETARY” at the time of submittal. Owner will, to the extent provided by law, endeavor to protect such information from disclosure. The final decision as to what information must be disclosed, however, lies with Owner. Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. Proposers shall not be permitted to mark entire Proposal as proprietary.

7.3 Rights of the Owner

In connection with this procurement process, including the receipt and evaluation of Proposals and award of the Contract, Owner reserves to itself (at its sole discretion) all rights available to it under applicable law, including without limitation, with or without cause and with or without notice, the right to:

• Cancel, withdraw, postpone, or extend this RFP, in whole or in part, at any time prior to the execution of the Contract, without incurring any obligations or liabilities.

• Modify the procurement schedule.

• Waive deficiencies, informalities and irregularities in a Proposal and accept and review a non-conforming Proposal.

• Suspend and terminate the procurement process or terminate evaluations of Proposals received.

• Permit corrections to data submitted with any Proposal.

• Hold meetings and interviews, and conduct discussions and correspondence, with one or more of the Proposers to seek an improved understanding of any information contained in a Proposal.

• Seek or obtain, from any source, data that has the potential to improve the understanding and evaluation of the Proposals.

• Seek clarification from any Proposer to fully understand information provided in the

Proposal and to help evaluate and rank the Proposers.

• Reject a Proposal containing exceptions, additions, qualifications, or conditions not called for in the RFP or otherwise not acceptable to the Owner.

• Conduct an independent investigation of any information, including prior experience, included in a Proposal by contacting project references, accessing public information, contacting independent parties, or any other means.

• Request additional information from a Proposer during the evaluation of its Proposal.

7.4 Owner Authority

Owner is a quasi-municipal corporation and political subdivision of the State formed per Title 32 of the Colorado Revised Statutes. The procurement process for this Project is authorized under

§32-1-1804, C.R.S.

7.5 Obligation to Keep Project Team Intact

Proposers are advised that all firms and Key Personnel identified in the Proposal shall remain on the Project Team for the duration of the procurement process and execution of the Project. (The anticipated dates for award of the Contract and for completion of the Project are set forth in

Section 2.3 of this RFP.) If extraordinary circumstances require a change, it must be submitted in writing to the Owner Contact, who, at their sole discretion, will determine whether to authorize a change, recognizing that certain circumstances (such as termination of employment) may occur that are beyond the Design Engineer’s control. Unauthorized changes to the Project Team at any time during the procurement process may result in elimination of the Proposer from further consideration.

7.6 Addenda

If any revisions to the RFP or procurement process become necessary or desirable (at the

Owner’s sole discretion), the Owner may issue written addenda. It is Proposer’s responsibility to review all addenda prior to submitting its Proposal.

7.7 Protests

Any protest to an Owner’s action in connection with this procurement must be filed in writing no later than 25 business days following such action and must be in strict accordance with the

Owner’s applicable procedures and with applicable law.

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Appendix A: Definition of Terms

The definitions of some of the capitalized terms used in this RFP are presented below:

CDPHE – Colorado Department of Public Health and Environment

CMAR – Construction Manager at Risk

Contract Documents – The Cherokee Metropolitan Master Services Agreement and the Work

Order prepared subject to this agreement governing the Work Specified in the Scope of Work

Design Engineer – The firm engaged to complete the work specified in the Contract Documents following the RFP Process.

District – Cherokee Metropolitan District, a Title 32 Special District in El Paso County, Colorado.

Key Personnel – The individuals, employed by Design Engineer or other firms included on the

Project Team, who would fill certain key roles in delivery of the Project and related services by the Design Engineer.

Minimum Qualification Requirements – The requirements set forth in Subsection 6.3 of this

RFP that, at a minimum, must be satisfied (or waived by Owner) in order for the Proposal to be evaluated and ranked according to the comparative evaluation criteria.

Owner – Cherokee Metropolitan District

Project – Ellicott Chlorinator Upgrade Design as defined in the Scope of Work

Project Team – The Design Engineer, Key Personnel and any additional firms (such as subcontractors and sub Design Engineers) included in the Proposal.

Proposer – A firm responding to this RFP by submitting the Proposal. The selected Proposer will become the Design Engineer at Contract award.

SOW – Scope of Work, also referred to as “Project Scope” or “Scope”, see Appendix B

VE – Value Engineering

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Appendix B: Design Engineer’s General Scope of Services

Section 1. Overview

The scope of professional services includes the design for the construction of the PFAS

Treatment Project to be located in the Ellicott, CO area.

The following is the General Scope of Services and serves as a basis for defining the Project.

The description is intended to generally describe the Design Engineer’s work necessary to complete preliminary studies, design, permitting, and final design for the PFAS Water Treatment

Facility.

The Design Engineer shall prepare construction drawings, reports, and specification documents in accordance with industry standard practices, applicable regulatory agency requirements, and all applicable building codes.

The general and conceptual description of the major facilities required in the Water Treatment

Facility design include:

1. Site preparation and development includes grading, drainage, erosion control design, and site piping.

2. Facility design including new structure for PFAS treatment process, HVAC, chemical storage, SCADA integration, and other items as required to meet the project requirements.

3. Process pumps and high pressure finished water pumps.

4. Raw and finished water tank(s) design.

5. Other Project technical requirements discussed in Appendix E.

Section 2. Design

2.1 Project Management

This Task Series includes project staffing, project administration, management, of overall project organization and refinements in project administrative planning, QA/QC process, progress reporting, correspondence, and monthly invoicing.

2.1.1 Quality Assurance / Quality Control

The Design Engineer will submit their project specific QA/QC plan to Owner for approval. Once approved, the Design Engineer shall follow the approved QA/QC plan. This task includes all of the specific engineering and design quality assurance and quality control tasks budgeted into the project for the 30% Design, 60% Design, 90% Design, and RFC Plans and specifications.

The Design Engineer shall perform in-progress quality management reviews to ensure the

Project objectives are realized. At a minimum, the Design Engineer shall perform the following:

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1. Designate a quality assurance/quality control (QA/QC) officer to the Design Phase that is responsible for implementation of the QA/QC plan, and documentation of QA/QC activities. The Design Engineer shall appoint an engineer or equally qualified specialist as the QA/QC manager who has at least fifteen (15) years of total professional experience, or experience on at least five (5) separate projects of similar magnitude and complexity as this Project. The QA/QC manager proposed by the Design Engineer is subject to CMD’s approval;

2. Provide checklists and quality management guidance documents for performance of the

Design Phase;

3. Require all Project personnel to read the approved Project Management Plan and be familiar with the Project procedures and requirements;

4. Perform internal review of all calculations and deliverables by designated quality management personnel prior to each submission;

5. Record and submit all internal review and comment information on forms to CMD.

Forms shall be submitted with draft deliverables with certification by the Project manager that submitted information has been reviewed and checked in accordance with the procedures documented within the Project Management Plan;

6. Review and discuss review comments provided by CMD and Owner's Advisor on all deliverables. Record responses to comments on approved forms;

7. Design Engineer shall identify and utilize an individual or individuals on its staff to perform an independent quality control check of the Drawings and Specifications to ensure the Documents are clear and complete and to ensure functional coordination of the varied systems and components. This individual shall not have had a role in the development of the Documents to assure a “fresh eyes” review. The quality control check shall be comprehensive and shall include at a minimum checking dimensions, sizes, detail, section, and elevation references, coordination between the architectural and engineering disciplines’ Drawings and Specifications, reviewing designs for compatibility of materials and equipment, coordinating references within technical

Specifications to other sections and to the Drawings, constructability, and future maintenance access. Design Engineer shall submit the comments from the independent quality control check to CMD upon request.

2.1.2 Project Meetings / Conference Calls / CMAR Coordination

The Design Engineer will schedule and attend a regular progress meetings to update the Owner on work progress. Design Engineer will schedule design review meetings at the Owner’s office for review of each design submittal.

A. Progress Meetings. Design Engineer shall prepare, facilitate, and document bi-weekly

(one meeting every two weeks), at a minimum, progress meetings throughout the duration of the Design Phase. Design Engineer shall coordinate meeting times and dates with the District’s Project Manager. Design Engineer shall maintain logs and Project controls for tracking the items below and shall make copies available to CMD and other attendees at each progress meeting.

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1. Work completed since the prior meeting.

2. Design Schedule status and near term look ahead schedule.

3. Problems requiring CMD’s input for resolution.

4. Scope and schedule changes associated with completion of the work by using a decision log, which describes the major issues that arise, and shall provide a status of each item for CMD’s review during progress meetings.

5. Additional information as agreed to by CMD and Design Engineer.

B. Contractor Coordination Meetings. In addition to design progress meetings, Design

Engineer shall participate in miscellaneous coordination meetings with the CMAR and

CMD. At a minimum Design Engineer shall assume participation in twenty (20), 2-hour meetings. It is estimated that CMAR will be selected in March 2026.

2.1.3 Invoicing

Design Engineer shall prepare and submit monthly progress reports with invoices for work completed during the prior pay period and compare earned value to actual expenditures for the month and Project duration. The progress reports shall:

1. Identify or forecast proposed modifications to the Project scope;

2. Include work completed to date, and work planned for next month;

3. Include estimated percentages of completion for each task and subtask;

4. Provide current Project cash flow and updated forecast;

5. Provide any outstanding decision items or key issues that may impact the Project; and

6. Provide updated Project schedule.

2.1.4 Change Management

Design Engineer shall document scope and schedule changes associated with completion of

Design Engineer’s work by using a decision log, which describes the major issues that arise, and shall provide a status of each item for CMD’s review during progress meetings. All scope and fee changes shall be approved by CMD prior to the work.

2.2 30% Design

2.2.1 Review of Background Documents

CMD will provide background documents including but not limited to the PFAS Treatment

Evaluation memo and conceptual site plans. The documentation given to the Design Engineer is for information only, and CMD does not guarantee its accuracy.

2.2.2 Regulatory Approach Consultation

The Design Engineer shall provide advice on Federal, State, and County laws, regulations, and guidelines and integrate requirements and expected response times into project planning. They shall assist with communication with regulatory agencies throughout the Project.

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2.2.3 Water Quality Testing

Certain components of the Project may require water quality data for process selection or sizing.

Cherokee Metropolitan District regularly collects a variety of water quality data for internal use and regulatory reporting. This data will be provided by the Owner. The Design Engineer will notify the Owner of any additional data needed.

2.2.4 Site Visits

Design Engineer and Project Team shall arrange site visits with Owner as needed to develop an understanding of existing site conditions, project requirements, and possible access or constructability issues.

2.2.5 Topographic and Subsurface Utility Engineering (SUE)

Design Engineer shall prepare a topographic survey and map of the parcel as needed to complete the project objectives. Utilizing the topographic survey, establish horizontal and vertical control for the site improvements. Survey any structures, underground utilities, and site topography.

Pothole and survey below grade utilities where conflicts are anticipated.

The Design Engineer shall include allowance of ten thousand dollars ($10,000)for potholing utilities, as needed, within the not-to-exceed…