25-WASTEWATER-01_RFP 05302025.pdf

REQUEST FOR PROPOSALS

WASTEWATER TREATMENT FACILITY

UPGRADES PROJECT

TOWN OF LYONS, CO

May 30, 2025

Town of Lyons 432 5th Avenue

P.O. Box 49 Lyons, CO 80540

PH: (303) 823-6622

www.townoflyons.com

Town Project Number: 25-WASTEWATER-01

PROPOSALS DUE: Wednesday July 16, 2025, by 2:00 PM http://www.townoflyons.com/

TABLE OF CONTENTS

SECTION TITLE PAGE

I. INTRODUCTION 3

II. SCHEDULE OF EVENTS 5

III. PROJECT BACKGROUND, UNDERSTANDING AND GOALS 6

IV. GENERAL INSTRUCTIONS TO PROPOSERS 7

V. SPECIFIC INSTRUCTIONS TO PROPOSERS 10

VI. RESPONSE FORMAT 12

VII. EVALUATION AND AWARD 15

EXHIBITS

EXHIBIT TITLE

A SCOPE OF WORK

B STANDARD PROFESSIONAL SERVICES CONTRACT

C PROPOSAL ACKNOWLEDGMENT

D CONSULTANT QUALIFICATIONS

E CONSULTANT CERTIFICATION OF COMPLIANCE – ILLEGAL ALIENS

ATTACHMENTS

ATTACHMENT TITLE

I. INTRODUCTION

REQUEST FOR PROPOSALS (RFP)

Town Contact: Justin Doles Email Address: jdoles@townoflyons.com Telephone Number: 303-823-6622 x47

A. Pre-Proposal Conference

A Pre-Proposal Conference is optional, but highly encouraged, and will be held on date and time shown in Section II – Schedule of Events of this RFP at the Lyons Town Hall, 432 5th Avenue. The purpose of this conference is to discuss this RFP or any terms and conditions contained herein. A site visit afterward the meeting will be available.

B. Proposals must be received no later than:

See Section II – Schedule of Events of this RFP.

Proposals received after this date and time will not be considered for award.

The Town of Lyons (“Town”) will only accept proposals in bound hard copy format, accompanied by submittal on external flash drive, and does not accept proposals submitted via fax, email, or other electronic means. Proposals are to be submitted in a sealed Package with the following on the outside of the envelope:

Company Name RFP Title RFP Number Due Date and Time

C. Package must include

1. One (1) Original Submittal

2. One Copy of Submittal on an external flash drive.

D. Americans with Disabilities Act

If you need special assistance or services to be provided under the provisions of the Americans with Disabilities Act (ADA), please contact the Town of Lyons at (303) 823-6622 at least 48 hours in advance of any scheduled event.

E. Hand deliver proposals to (preferred method):

Attention: Justin Doles 432 5th Avenue Lyons, CO 80540

Or mail proposals to:

US Postal Service Only:

Attention: Justin Doles

PO Box 49 Lyons, CO 80540

F. This RFP was advertised in the following publications and web bases services:

• BidNet Direct (www.bidnetdirect.com) http://www.bidnetdirect.com/

II. SCHEDULE OF EVENTS

(Subject to change) All times are given in local Colorado time:

Date Day of Week Time of Day Description 05/30/25 Friday

RFP Advertised

06/12/25 Thursday 11:00 AM Pre-Proposal Conference 06/26/25 Thursday 4:00 PM Deadline for Questions 06/27/25 Friday 4:00 PM Question & Answer Posted 07/16/25 Wednesday 2:00 PM Proposal Due 08/05/25 Tuesday

Anticipated Award

III. PROJECT BACKGROUND, UNDERSTANDING AND GOALS

A. Background

A wastewater feasibility study was completed in August of 2011. This included a discussion on the options for wastewater service to meet the documentation requirements of the CDPHE Preliminary Engineering Report (PER). See Bidnet Additional Document

In April of 2013 a Preliminary Engineering Report (PER) was developed to address critical issues with the current Lyons Wastewater Treatment Facility (WWTF) including age, reliability, odor, noise and excessive operating costs and look at the options to upgrade or replace the current WWTF.

Construction of a new WWTF occurred in 2015, with substantial completion issued on December 28, 2015. The new facility was designed and constructed with the design intent of treating 0.381 MGD and 705 pounds per day of organic loading, the same parameters as the old Lyons WWTF. The new facility was designed to replace the old facility with no expansion of flow or loading.

In October of 2018 a Site Location Application was prepared and submitted to the CDPHE to rerate the WWTF for less hydraulic loading and increased organic loading, 0.3065 MGD and 1,535 lbs BOD5/day.

This site application is currently on hold with the CDPHE.

The WWTF outfall location was moved a mile downstream from its previous location in 2019.

In May of 2021 the CDPHE granted the Conversion of Lyons Individual Permit CO0020877 to General Permit COG589156. This was granted under the conditions listed in the rerating site application.

In February of 2023 an evaluation of the design and construction of the facility was completed as part of legal proceedings.

In 2024, the Town procured a consultant to produce a Wastewater Treatment Facility Master Plan. The ultimately goal of this plan was to reconcile the various recommendations from previous plans, reports, legal proceedings, permitting, etc. so provide a clear path forward and prioritization of improvements for Lyon’s Wastewater Treatment Facility. Based on the information provided in this plan and input from operations staff, the Town is releasing this RFP for design services to implement some of those recommendations and requirements.

B. Goals

See Exhibit A – Scope of Work for details.

IV. GENERAL INSTRUCTIONS TO PROPOSERS

Proposals will be received by the Town at 432 5th Avenue, Lyons, Colorado 80540 as specified on the RFP. Proposers shall not directly contact other personnel regarding matters concerning this RFP or to arrange meetings related to such. Proposals to be entitled to consideration shall be submitted in accordance with the following instructions:

A. The Work

The work for which proposals will be submitted is generally described in the RFP. All work must be completed in accordance with the plans and specifications and any approved and agreed upon amendments thereto.

B. Examination of Site and Documents

Each proposer shall visit the site of the proposed work and shall completely inform themselves relative to construction procedure, labor, and all other conditions and factors, local and otherwise, which would affect prosecution and completion of the work and its cost. All such factors shall be properly investigated and considered in the preparation of the proposal. Each proposer shall so fully examine RFP documents and acquaint himself/herself with their requirements and with the conditions surrounding the site that he/she shall be fully familiar with and informed of all difficulties, and problems attendant on prosecution of the work. It shall be the responsibility of the proposer to direct to the attention of the Owner in writing and at least four (4) business days prior to the time set for the opening of the proposals, any seeming inconsistencies, ambiguous requirements, omissions, or any other matter which seems to require explanation, and to request clarification. The submission of a proposal shall be taken as prima facie evidence of compliance with this requirement and as an acknowledgement that the proposer has received all the required documents and has visited the site. There will be no subsequent financial adjustment for lack of such prior information.

C. Interpretation

No oral interpretation will be made by anyone to any proposer as to the true meaning of requirements of any part of the RFP Documents. Every request for such interpretation shall be made in writing and addressed and forwarded to the Owner not later than four (4) business days before the date fixed for opening of proposals. The person submitting the request shall be responsible for its prompt delivery.

Every interpretation made to a proposer will be in the form of an addendum to the Documents, which will be sent as promptly as practicable to all persons to whom the Documents have been issued. All such addenda shall become part of the Contract Documents and their receipt shall be acknowledged in the Proposal. The Owner will not be responsible for any other explanations or interpretations of the proposed Contract Documents.

D. Preparation of Proposal Forms

All proposal forms must be prepared in single copy and in conformity with and be based upon and submitted subject to all requirements of the Contract Documents. They must be fully completed with all blanks appropriately filled in. Each proposal shall be legibly written, printed in ink or typed. No alterations in proposals, or in the printed forms therefore, by erasures, interpolations or otherwise will be acceptable unless each such alteration is signed or initialed by the proposer. If initialed, the Owner may require the proposer to identify any alteration so initialed. No alteration in any proposal, or in the form on which it is submitted, shall be made after the proposal has been submitted. It will be the proposer's responsibility to secure any and all addenda from the Owner. The proposer will be required to acknowledge receipt of all addenda. Owner reserves the right to reject any propose which is received which has not been based upon all addenda issued by the Owner. No proposer may submit more than one proposal. Multiple proposals under different names will not be accepted from one firm or association.

E. Signature of Proposers

Each proposer shall sign the proposal form using his/her usual signature and giving his/her full business address. If the proposer is an individual, he/she must sign in individual capacity. Proposals by partnerships shall be signed with the partnership name followed by the signature and designation of one of the partners or other authorized representatives. Proposals by a corporation shall be signed with the name of the corporation followed by the signature and designation of the president or other person authorized to bind the corporation and attested to by the secretary with corporate seal. Proposals by joint ventures shall be signed by each participant in the joint venture or by an authorized agent of each participant. The names of all persons signing should also be typed or printed below the signature. A propose by a person who affixes to his/her signature the word "president" "secretary" "agent" or other designation without disclosing his/her principal may be held to be the propose of the individual signing.

When requested by the Owner, evidence of the authority of the person signing shall be furnished.

F. Submission of Proposals

Proposal documents shall be enclosed in an opaque envelope, each of which shall be sealed and clearly labeled, and identified as described in the RFP. No responsibility shall attach to any employee of the Owner for the premature opening of any propose not prominently identified. The proposer shall be responsible for placing his/her firm name on the outside of such propose envelope. The Proposal Documents shall be submitted by the time and at the location as noted in the RFP and these instructions.

Proposals received after the specified time of closing will be returned unopened. The submission shall include documents described in the RFP.

G. Withdrawal of Proposals

Any proposer may withdraw their proposal if written request for withdrawal signed in the same manner and by the same person who signed the proposal form is received by the individual of the Town requesting the proposals prior to the time established for the opening of the proposals. No proposer may withdraw his/her propose for forty-five (45) calendar days after the scheduled time set for the opening thereof, or before the award of the Contract, unless said award is delayed for a period exceeding forty-five

(45) calendar days.

H. Modifications to Proposals

No oral or telephone modifications will be considered. Any proposer may modify his/her propose at any time prior to the scheduled proposal opening time, provided such modification is in written form, signed by the same person who signed the proposal documents and submitted in a sealed envelope in accordance with the instructions set forth in this document.

I. Acceptance of Proposals

The Owner reserves the right to accept the proposal which in its judgment is the most qualified proposal or to reject any and all proposals and alternatives and to waive or disregard irregularities or informalities in any propose as it may deem to be in the best interest of the Town. The Board may consider as irregular any propose on which there is an alteration of, or departure from, the proposal form hereto attached.

Final determination of compliance with the proposal requirements will rest with the Owner.

J. Insurance

Throughout the life of the Contract, the consultant will be required to carry the types and amounts of insurance set forth in the Contract Documents and to keep on file with the Owner current certificates evidencing such coverage’s. Insurance certificate shall be on Owner's forms.

K. Required Forms

Successful proposer will be required to submit within ten (10) calendar days of Notice of Award the documents specified in the RFP, all on Town forms or approved alternates.

L. Taxes

The Owner is exempt from the collection and payment of state sales and use taxes on any materials, supplies or other equipment used or installed in the work. The contract propose amount and any agreed upon variations thereof shall not include the cost of any such taxes. It shall be the responsibility of the consultant to complete and file an "Application for Exemption Certificate" with the Colorado Department of Revenue and submit copies of such Certificate to the Owner upon award of the Contract and prior to commencing any work.

M. Equal Opportunity Employment

The Town is an equal opportunity employer. Businesses owned and operated by minorities or women are encouraged to submit proposals. Proposers to whom a contract is awarded are encouraged to solicit proposals for subconsultants from businesses owned and operated by minorities and women. Proposers to whom a contract is awarded shall not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the award or performance of subconsultants, including the procurement of materials. The required proposal document Prime Contractor’s MBE/WBE and Labor Surplus Area Outreach Form documents such outreach during the proposal process.

N. Applicable Laws and Regulations

Each proposer shall familiarize himself/herself with all state and local laws, codes, ordinances, and regulations which might in any manner affect the work to be done. A plea of misunderstanding or ignorance on the part of any successful proposer will not in any way excuse such proposer from the necessity of full compliance with every such law, code, ordinance, or regulation. All state and local laws, codes and ordinances and regulations which are applicable shall be complied with including but not limited to those specified in these documents.

O. Special Considerations for Grant Funded Projects

Proposer understands that the Town has received grant funding for these projects and that certain requirements for reporting and contracting are necessary. These requirements are listed in the propose documents as they apply to each project.

V. SPECIFIC INSTRUCTIONS TO PROPOSERS

A. Inquiries

Prospective proposers may make written inquiries by e-mail prior to the deadline for questions date listed above in Section II. Schedule of Events concerning this RFP to obtain clarification of requirements. There will also be opportunity to make inquiries during the pre-proposal conference. No inquiries will be accepted after the deadline. Inquiries regarding this RFP (be sure to reference RFP number) should be referred to:

E-Mail: jdoles@townoflyons.com Subject Line: 25-Wastewater-01 – Questions on RFP

Response to proposers’ inquiries will be posted in a timely manner. Proposers cannot rely on any other statements that clarify or alter any specification or other term or condition of the RFP.

Should any interested proposer find any part of the listed terms and conditions to be discrepant, incomplete, or otherwise questionable in any respect, it shall be the responsibility of the concerned party to notify the Town of such matters immediately upon discovery.

B. Protested Solicitations and Awards

When to File: Protests must be submitted in writing (via email, U.S. Mail or courier) and received by the Town Administration at 423 5th Avenue/ PO Box 49, Lyons CO 80540 prior to award of a contract. This can be submitted before or during a Board of Trustees meeting in which a contract will be approved.

Protests based upon restrictive specifications or alleged improprieties in any type of solicitation, which are apparent prior to either the proposal or proposed due date must be filed no later than three (3) working days prior to the propose opening date or proposal closing date.

Process: The protest must include, at a minimum, the following:

1) The name and address of the protestor

2) Appropriate identification of the procurement by RFP Number

3) A statement of the reasons for the protest

4) Any available exhibits, evidence or documents substantiating the protest

Decision: The Town Administrator shall make a decision, in writing, on a protest within seven

(7) working days after receiving all relevant, requested information. This decision shall be based on and limited to a review of the issues raised by the protesting proposer, proposer, or contractor, and shall set forth each factor taken into account in reaching the decision. The decision of the Town Administrator is final.

Withholding of Award: When a protest has been filed before an award, the Town Board shall not make an award before it has resolved the protest. If a protest has been filed before the opening of proposals or closing of request for proposals, the Town will resolve the protest prior to closing the solicitation, unless the Town determines that:

1) The items to be procured are urgently required; or

2) Delivery or performance will be unduly delayed by failure to make the award promptly; or

3) Failure to make prompt award will otherwise cause undue harm to the Town

C. Negotiation of Award

The Town reserves the right to negotiate the award for the services with the proposer submitting the proposal in lieu of accepting the proposal as is.

D. RFP Response/Material Ownership

All material submitted regarding this RFP becomes the property of the Town, unless otherwise noted in the RFP.

E. Incurring Costs

The Town is not liable for any cost incurred prior to issuance of a legally executed contract.

F. Assignment and Delegation

Neither party to any resulting contract may assign or delegate any portion of the agreement without the prior written consent of the other party.

G. Availability of Funds

Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. In the event funds are not appropriated, any resulting contract will become null and void, without penalty to the Town.

H. Unlawful Employees, Contractors and Subconsultants

Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Consultant shall not knowingly contract with a subconsultant that (a) knowingly employs or contracts with an illegal alien to perform work under this Contract or (b) fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract.

I. Verification Regarding Illegal Aliens

Contractor has confirmed the employment eligibility of all employees newly hired for employment to perform work under this Contract through participation in either the E-verify program administered jointly by the United States Department of Homeland Security and the Social Security Administration or the employment verification program of the Colorado Department of Labor & Employment.

VI. RESPONSE FORMAT

Following are the response requirements for this RFP. All specific response items represent the minimum information to be submitted. Deletions or incomplete responses in terms of content or aberrations in form may, at the Town’s discretion, render the proposal non-responsive.

Proposers shall submit in a sealed package:

• One (1) Original Proposal

• One Copy of Proposal on a flash drive

To facilitate the evaluation, proposer shall submit and organize all responses in the same order as listed in the section below. Proposals that are determined to be at a variance with this requirement may not be accepted. The Town only accepts proposals in hard copy format and does not accept proposals submitted via fax, email, or other electronic means. Late proposals will not be accepted. It is the responsibility of the proposer to ensure that the proposal is received at the Town of Lyons, Town Hall, on or before the proposal opening date and time.

The outside of the package will include the following information:

• Company Name

• RFP Number

• RFP Title

• Due Date and Time

The following items are to be included in your proposal, in the order listed. Deviation may render your proposal non-responsive.

A. Cover Letter

Include a cover letter introducing your company, summarizing your qualifications, and detailing any exceptions to this RFP, including any requested contract revisions. This letter should also provide principal contact information for this RFP, including address, telephone number, e-mail, and website (if applicable).

B. Use of Subconsultants/Partners

There may be areas for use of subconsultants or partners in this project. If you are utilizing this approach, your proposal must list the subconsultants/partners, their area(s) of expertise, and include all other applicable information herein requested for each subcontractor/partner. Please keep in mind that the Town will contract solely with your company, therefore subconsultants/partners remain your sole responsibility to follow the same requirements.

C. Company Information

1) Provide the following information as listed: Company Name, Address, Phone Number, and Names of Principals.

2) Identify the year in which your company was established and began providing consulting services.

3) Describe any pending plans to sell or merge your company.

4) Provide a comprehensive listing of all the services you provide.

D. Company and Personnel Qualifications

Describe your business philosophy and identify the individuals who will be involved in the project, their responsibilities and amount of time each is expected to spend on the project. Include a brief description of the design team’s previous experience with similar projects. Provide resumes of the key personnel that will be performing the proposed services, including the primary project manager. Changes in the project team may not be made unless conditions beyond the control of Consultant develop, in which case, changes in above personnel may be made only upon advance written approval by Town. The Town reserves the right to request changes in personnel of Consultant working under this Agreement.

Information should include, but is not limited to:

1. Provide the names and resumes of the key personnel that will be performing the proposed services, including the primary project manager.

2. Provide a complete list of all subconsultants the lead firm will use for the project along with an organizational chart showing relationship of each consultant to the lead firm. Include the amount of time that each is expected to spend on the project.

a) Provide a statement of past projects where the team, or members of the team have worked together and identify which team members were involved and the name and location of those projects.

b) Indicate for each sub-consultant team member, the primary contact and names and titles of their work group members.

c) Provide a chart showing each sub-consultant, primary contact name, phone number, email address, and mailing address.

d) Provide a short statement for the lead consultant and each sub-consultant noting their expertise in their area of consulting and why they have been selected as part of the project team. It is important to clarify each team member’s qualifications and experience in their area of responsibility.

3. Demonstrate the ability, capability and skills necessary to perform the Contract or provide the services required to successfully complete this project.

E. Recent Experience with Similar Projects.

1. List a minimum of three (3) projects of similar nature to this project that the lead consultant and the sub-consultants have had DIRECT involvement within the past five years. Be specific on why the reference project is similar to this project. Include the referenced project name, a brief description, original budget, final cost, if the project was completed on time and a reference name and phone number.

2. The team’s proposed project manager must have five (5) years of experience (minimum) in managing similar projects.

3. Discuss your familiarity with Lyons and local practices.

4. Failure on the part of any Consultant to carry out a previous contract satisfactory shall be deemed sufficient cause for disqualification.

5. Additionally, provide a list of five (5) references/customers that either have or are currently receiving services similar to the scope of services required by the Town under this RFP (list must include name, address, telephone number, email address and contact person). The Town reserves the right to contact the references provided in your proposal as well as other references without prior notification to you.

F. Approach to Scope of Work

1. Describe any project approaches or ideas that you would apply to this project that you feel would enhance the quality of your services. Provide detailed information about what makes your approach unique and best suited for this project.

2. Describe how the firm will accomplish the work in an effective and timely manner. Include management philosophy, project control, project schedule, understanding of project scope, awareness of issues, and potential issues/problems that would need to be addressed early in the design process to prevent delays.

3. Explain the proposed work plan with a detailed description of the specific tasks as noted in the Scope of Services of this RFP. Include additional tasks and their purpose as needed to explain completing the work. Include critical path items, milestones and completion dates on the schedule.

4. Describe the methods and timeline of communication your firm will use with the Town’s project manager, other involved Town staff, and other interested parties.

5. Provide a detailed scope to complete the project as identified above and amended by your proposal. Include description of work items included that are not specifically identified in the request, but the proposer believes are necessary to complete the scope.

G. Project Control

1. Describe how your firm will control costs for this project and meet schedule requirements.

2. Describe what software or methods your company utilizes to establish and track the project timeline/schedule. Identify how the design schedule (internal checks & balances) is monitored to ensure that key milestone dates are met. Indicate if any previous project designs exceeded the project schedule and if so, explain why and what steps have been taken to ensure it does not occur on the future projects.

H. Fee

1. Provide a fee breakdown by position type, hourly rate, estimated hours, and subtotal.

2. Provide the total lump sum fee for the project.

I. Required Documents

1. Registration with the System of Award Management. www.sam.gov

2. Proposal Acknowledgement. This required form is included as Exhibit C.

3. Consultant Qualifications. This required form is included as Exhibit D.

4. Illegal Alien Certificate. This required form is included as Exhibit E.

Determination of Responsibility of the Proposer

The Town awards contracts to responsible and responsive consultants only. The Town reserves the right to make its proposer responsibility determination at any time in this RFP process and may not make a responsibility determination for every proposer. A “Responsible Proposer” is defined by this proposal as one who has “the capability in all respects to perform fully the contract requirements, presents, perseverance, experience, integrity, reliability, capabilities, facilities, equipment, and credit which will assure good faith performance.” The Town reserves the right to request information as it deems necessary to determine a proposer’s responsibility. If the proposer fails to supply the requested information, the Town shall base the determination of responsibility upon any available information or may find the proposer non-responsible if such failure is unreasonable.

http://www.sam.gov/

VII. EVALUATION AND AWARD

All proposals in response to this RFP will be evaluated by a committee of Town, in accordance with the criteria described below. Proposals will be evaluated on the criteria listed below. These criteria will be the basis for review of the written proposals and determine the short-list of consultants for interviews (if required). Total scores will be tabulated, and the consultant with the proposal that is highest ranked will be deemed to be the most advantageous to the Town will be selected. If the Town requests presentations by short-listed proposers, committee members may revise their initial scores based upon additional information and clarification received in this phase. In preparing responses, proposers should describe in great detail how they propose to meet the specifications as detailed in the previous sections. Specific factors will be applied to proposal information to assist the Town in selecting the most qualified proposer for this contract. Evaluation criteria that will be used are as follows, listed in order of relative importance:

A. Evaluation Criterion #1 - Company and Personnel Qualifications (20%)

• Qualifications and abilities of professional personnel

• Experience on similar projects as a team

• Commitment of key members to project

• Firm’s size, organizational structure and flexibility

• Firms technical disciplines and capabilities of subconsultants on team

B. Evaluation Criterion #2 - Recent Experience with Similar Projects (20%)

• Firm’s recent, relevant project history

• Demonstrated ability to control costs

• Demonstrated ability to meet schedule

• Demonstrated ability to do quality work

C. Evaluation Criterion #3 - Approach to Scope of Work (25%)

• Firm’s demonstrated clear understanding of the project

• Firm’s scope of work aligns with the listed scope of work

• Firm has formulated a successful approach to the project

• If appropriate, firm has identified innovative alternatives, or well thought out additions

D. Evaluation Criterion #4 - Project Control (20%)

• Cost Control

• Scheduling Method

• Quality Control

E. Evaluation Criterion #5 - Fee (15%)

• Proposed fee

A presentation and/or demonstration may be requested by short-listed proposers prior to award. A presentation/demonstration may not be required, and therefore, complete information should be submitted with your proposal.

EXHIBIT A

SCOPE OF WORK

EXHIBIT A – SCOPE OF WORK

I. GENERAL SCOPE OF SERVICES

Wastewater Treatment Facility Upgrades Project. Professional services provided by a qualified individual or firm as appropriate to evaluate the existing wastewater treatment facility systems and documentation and prepare stamped engineering design, permitting, and bid package by a registered State of Colorado professional engineer for the items listed in this Scope of Work.

A. The anticipated term of the work and agreement will commence upon execution of the agreement which is anticipated by August 1, 2025 and will terminate on December 31, 2026.

B. The qualified individual or firm shall provide professional services in connection with the project pursuant to this scope of work. The qualified individual or firm shall perform the services through a staff, who have expertise in the design and evaluation of wastewater treatment facilities, until completion and final acceptance of the deliverables.

In the event of a work stoppage, winter shutdown, or as the situation warrants, the Consultant shall reduce the Staff appropriately or as instructed by the project manager.

C. The qualified individual or firm shall provide to the satisfaction of the project manager all necessary services and equipment required for the project.

The qualified individual or firm shall ensure that the basis of the work meets Town and CDPHE standards, specifications and requirements.

The qualified individual or firm shall ensure that its subcontractors, employees and staff possess the experience, knowledge and character to qualify them individually for the particular duties they perform.

D. All deliverables and their associated executable files related to this work shall be property of the Town.

E. The qualified individual or firm shall have a documented safety program and shall ensure that staff has the adequate training necessary to perform field work.

F. Allowable Additional Costs The consultant is not allowed additional cost expenses such as: mileage, presentation materials, printing, special mailings, services related to long distance telephones and any other out-of-pocket expenses. All costs must be included in the proposed fully-burdened rates.

II. SPECIFIC SCOPE OF SERVICES

In performing the services, the consultant shall provide, without limitation, the following:

A. General

1. Provide administrative and management functions to ensure the success of the project.

2. Implement organization and lines of authority.

B. Preliminary Design

Preliminary Design shall include:

• Review of existing permits, design drawings, reports and other documentation

• Site visit(s) and evaluation of existing systems

• Establishment of design criteria

• Establishment of permitting requirements

• Concept/schematic design figures of proposed design elements listed below in this

Scope of Work

C. 30% Design Drawings and Cost Estimate

Consultant shall prepare 30% design level drawings with cost estimates for initial capital cost and 25-year operating cost for the following sludge dewatering system replacements:

• Replacement of existing centrifuge

• Screw press

• Rotary fan press

In addition to the dewatering press replacement options listed above, the consultant shall prepare 30% design level drawings with construction cost estimates for the remainder of the design package which includes the following:

• Design for an additional blower and associated piping and appurtenances and required modifications for replacing the existing units with higher capacity blowers.

A previous design for this upgrade is in the 2018 Site Location Application and can likely serve as design basis for this aspect of the project.

• Design for modernized UV system including the design of UV treated non-potable water holding tank and/or system sufficient to supply odor control system and other treatment facility non-potable water needs.

• Design of piping of non-potable water to the bio-scrubber, headworks spray system, and dewatering press. These systems currently use potable water.

• Design of improved Flow Split Structure. Current structure is difficult to access and adjust.

• Design for required repairs for odor control system.

• Design for centrate return line realignment so that the centrate reenters the facility downstream of the influent flow meter. A previous design for this upgrade can be found in the 2018 Site Location Application and can likely serve as design basis for this aspect of the project.

• Design for smaller WAS pumps in the SBR basins in order to optimize efficiencies.

Current pumps are oversized.

• Design to increase the volume of the wet well and add odor control to the wet well.

The influent wet well is currently undersized resulting in more frequent pump cycling and non-consistent plant inflow rates. The wet well does not currently have any odor control.

The 30% design shall include at a minimum:

• Existing utilities, building components and equipment shown

• Structural members located and sized

• Building, gantry, platform, and equipment elevations

• Foundations

• Flow diagrams and piping plans

• Equipment located and sized

• Affected existing building, piping, and equipment modifications

• Power consuming equipment and load characteristics shown

• Major electrical equipment (switchgear, panels, transfer switches, etc)

• Instrumentation and process control diagrams

• Operational requirements and modifications

• Electrical line drawings

The Town will make a selection of which dewatering system they wish to move forward after reviewing this 30% submittal.

D. 60%, 90% and 100% Drawings, Specifications, and Cost Estimates After the 30% design review and selection of dewatering press, the consultant shall prepare 60% and 90% drawings, specifications, and cost estimates for review and comment by the Town. After 60% and 90% submittals, consultant shall incorporate Town comments. The 100% submittal will include engineer stamped drawings, engineer stamped specifications, and cost estimate.

E. Additional Analysis The consultant shall perform the following additional analysis:

• It is the Town’s understanding that the Aerated Sludge Holding Tanks may be undersized for maximum plant dewatering efficiency. The consultant shall analyze whether the proposed upgrades in this scope of work will help remedy the storage capacity problem and shall also ensure that proposed improvements do not exacerbate the problem. The consultant shall also make a best effort to ensure that the proposed improvement will integrate smoothly with any future project that increases the storage capacity of these tanks.

F. Modeling and Permitting The consultant shall prepare all required CDPHE permitting documents and supporting information for these proposed upgrades. This includes any required modelling.

G. Construction Administration and Management The consultant shall conduct all construction administration and management including at a minimum the items listed below.

NOTE: The Town may elect to remove this portion of the scope of work, “Construction Administration and Management”, from the consultant’s contract prior to construction solely at the Town’s discretion via a zero-cost change order or contract amendment.

Contract Administration

• Provide overall administration of the construction contract.

• Review and recommend approval of pay applications.

• Review and manage contract changes for approval by the Town.

• Coordinate responses to RFIs.

• Assist in review of all project submittals.

• Review change order requests, and manage resulting changes to plans, details, Contractor costs, and schedule.

• Maintain project records including contracts, correspondence, pay applications, change orders, submittals, RFIs, and permits, weekly reports, and materials test results.

Permitting and Regulatory Compliance.

• Assist the Town or Contractor with obtaining necessary permitting and compliance with permits.

• Ensure work performed by the Contractor is in compliance with environmental standards and requirements.

Construction Oversight

• Provide full-time Construction Management services to ensure compliance with contract documents/specifications.

• Provide field support (in conjunction with the engineer of record) addressing field changes.

Document daily work progress in the form of daily logs.

• Maintain a photographic log of the project documenting pre-construction, construction, and post construction conditions.

• Ensure an as-built plan set is maintained by the construction manager and is coordinated with plan changes that may be documented by the Contractor.

Quality Control

• Provide daily site inspections to ensure quality construction and conformity to the plans and specifications. Inspections will include all specialty inspections required of the project.

• Review all material test reports, comments on reports not meeting specifications and recommend remediation measures, if necessary. Ensure the appropriate number of tests are taken and they are sampled according to industry standards and project specifications.

Closeout and Commissioning

• Conduct a final punch list walk and start-up sessions for various stages of the work. Ensure punch list items are completed.

• Assist in the start-up, testing, and training work as required.

• Ensure accurate O&M manuals and warranties are transmitted to the Town upon completion of the project.

• Conduct a Final Inspection walkthrough and coordinate with the Town to issue substantial completion upon start-up.

• Maintain project records including punch lists, lien waivers, start-up and commissioning records, and substantial completion/final acceptance.

Post-Construction Services

• Record Drawings/As-Builts: The Consultant will maintain as-built drawings and field notes throughout construction and coordinate with the engineer to issue Record Drawings. Once Record Drawings are accepted by the Town, coordinate to issue Final Acceptance. Compile all job records in electronic format for submission to the Town.

• Warranty Inspection: Participate in an eleventh (11th) and twenty-third (23rd) month warranty walkthrough of the project (all Town projects carry a two (2)-year warranty).

H. Meetings

1. Project Kickoff in the Town of Lyons, in-person

2. 30% Design review, virtual or in-person

3. 60% Design review, virtual or in-person

4. 90% Design review, virtual or in-person

5. 100% Design review, virtual or in-person

6. Weekly progress calls

I. Deliverables

1. Design Criteria

2. Permitting requirement matrix

3. Concept/Schematic design for design items listed in this Scope of Work

4. 30% design and cost estimates for review and comment by the Town

5. 60% design, specifications, and cost estimates for review and comment by the Town

6. 90% design, specifications, and cost estimates for review and comment by the Town

7. 100% engineer stamped design and specifications along with cost estimate and bid tab form

8. Permitting documents, models, and any required updates and revisions until CDPHE approval

9. Construction Administration and Management. As stated, this portion of the scope may be removed from the contract at the sole discretion of the Town.

EXHIBIT B

STANDARD PROFESSIONAL SERVICES CONTRACT

Town of Lyons Professional Services Agreement Page 1 of 21 Project/Services Name: ______________________________________

Exhibit B

PROFESSIONAL SERVICES AGREEMENT

Project/Services Name:

This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this ____ day of ______ 20__, by and between the TOWN OF LYONS, COLORADO, a municipal corporation of the State of Colorado, with offices at 432 5th Avenue, Lyons, Colorado 80540 (the “Town”), and ______________ with offices at _________________________________ (the "Contractor"). The Town and Contractor may be referred to collectively as the “Parties” or each individually as “Party”.

RECITALS

WHEREAS, the Town requires certain professional services as more fully described in Exhibit A;

WHEREAS, the Town issued a Request for Proposals for the services which are the subject of this Agreement; and

WHEREAS, the time for submittal of proposals has passed, and the Town has evaluated all proposals; and

WHEREAS, the Town has identified the Contractor as the most qualified responsible bidder; and

WHEREAS, the Contractor represents that it possesses the necessary qualifications to perform these services; and

WHEREAS, the Town desires to contract with the Contractor subject to the terms of this Agreement.

NOW, THEREFORE, for the consideration herein expressed, it is agreed as follows by and between the Town and the Contractor that the Contractor shall perform the following:

1.0 SERVICES AND PURPOSE OF AGREEMENT

1.1 Services. The Town desires to achieve, secure, receive, or obtain certain service(s) or work product(s) as more specifically described in Exhibit A (the “Services”).

Exhibit A describes the requirements and deliverables required by this Agreement and is attached hereto and incorporated herein by reference. As an independent contractor, the Contractor offers and agrees to perform and/or deliver the Services in accordance with the terms and conditions of this Agreement. The Parties recognize and acknowledge that, although the Town has requested certain general services to be performed or certain work product to be produced, the Contractor has offered to the Town the process, procedures, terms, and conditions under which the Contractor plans and proposes to achieve or produce the services and/or work product(s) and the

Town of Lyons Professional Services Agreement Page 2 of 21

Town, through this Agreement, has accepted such process, procedures, terms, and conditions as binding on the Parties.

1.2 Town Representative. The Town assigns ______________, as the Town Representative for this Agreement. The Town Representative will monitor the Contractor’s progress and performance under this Agreement and shall be available to the Contractor to respond to questions, assist in understanding Town policies, procedures, and practices, and supervise the performance of any Town obligations under this Agreement.

1.3 Changes to Services. Any changes to the Services that are mutually agreed upon between the Town and the Contractor shall be made in a formal writing referencing this Agreement and, only upon execution by both Parties of such formal writing, shall become an amendment to the Services described in this Agreement. To be effective, any written change must be signed by the Contractor and by the Town or by a person expressly authorized in writing to sign on behalf of the Town. Changes to the Services or to this Agreement shall not be made through oral agreement or electronic mail messages.

1.4 Meeting Attendance. The Contractor shall attend such meetings of the Town relative to the Scope of Work set forth in Exhibit A as may be requested by the Town. Any requirement made by the named representatives of the Town shall be given with reasonable notice to the Contractor so that a representative may attend.

1.5 Agreement to Comply with Requisite Provisions Based On Funding Source. If checked in Section 11.0 below, the Town will pay in whole or in part for the Services rendered hereunder with federal or State based grant funding. Contractor agrees to comply with all provisions set forth in any Attachment as noted and if checked.

1.6 Lawful Performance. It is further agreed that no party to this Agreement will perform contrary to any state, federal, or county law, or any of the ordinances of the Town of Lyons, Colorado.

2.0 COMPENSATION

2.1 Commencement of and Compensation for Services. Following execution of this Agreement by the Town, the Contractor shall be authorized to and shall commence performance of the Services as described in Exhibit A, subject to the requirements and limitations on compensation as provided by this Section 2.0 and its subsections.

Compensation to be paid hereunder shall not exceed [Written Not to Exceed Amount] $______________) unless a larger amount is agreed to by and between the Parties in accordance with the amendment requirements of this Agreement.

A. Method of Compensation. The Contractor shall perform the Services and shall invoice the Town for work performed based on the rates and/or compensation methodology and amounts described in Exhibit B subject to the not to exceed amount set forth in this Section. These invoices for payment should be emailed to ap@townoflyons.com or mailed to Town of Lyons, P.O. Box 49, Lyons, CO 80540. Monthly, partial, progress payments shall be made by the Town to the Contractor for the percentage of the Scope of Work completed. Progress

Town of Lyons Professional Services Agreement Page 3 of 21 payments shall not constitute a waiver of the right of the Town to require the fulfillment of all material terms of this Agreement and the delivery of all improvements embraced in this Agreement.

B. Final Payment. Final payment may be requested by the Contractor upon completion and acceptance, by the Town, of all work or Services as set forth in Exhibit A. The total amount of final payment shall consist of the compensation set forth in paragraph 2.1, as adjusted in accordance with amendments approved per Section 2.3 of this Agreement, if applicable, less all previous payments to the Contractor.

C. Extra Work. Should work beyond that described in Exhibit A be required, it will be paid for as extra work at a cost to be agreed upon in separate written agreement by the Town and the Contractor prior to commencement of the additional work.

Such additional agreements shall be executed and approved by all persons required by Town purchasing ordinances or policies.

D. Receipts. The Town, before making any payment, may require the Contractor to furnish at no additional charge releases or receipts from any or all persons performing work under this Agreement and/or supplying material or services to the Contractor, or any subcontractor if this is deemed necessary to protect the Town’s interest. The Town, however, may in its discretion make payment in part or full to the Contractor without requiring the furnishing of such releases or receipts.

2.2 Reimbursable Expenses. If this Agreement is for lump sum compensation, there shall be no reimbursable expenses. If the Agreement is for compensation based on a time and materials methodology, the following shall be considered “reimbursable expenses” for purposes of this Agreement and may be billed to the Town without administrative mark-up but which must be accounted for by the Contractor and proof of payment shall be provided by the Contractor with the Contractor’s monthly invoices:

None Vehicle Mileage (billed at not more than the prevailing per mile charge permitted by the IRS as a tax deductible business expense)

Printing and Photocopying Related to the Services (billed at actual cost) Long Distance Telephone Charges Related to the Services Postage and Delivery Services Lodging and Meals (but only with prior written approval of the Town as to dates and maximum amount)

Any fee, cost, charge, or expense incurred by the Contractor not otherwise specifically authorized by this Agreement shall be deemed a non-reimbursable cost that shall be borne by the Contractor and shall…