60-66700-26-CP061_Burns_sole-source-detuermination form signed 3.8.pdf.PDF

2025 Sole Source Form

STATE OF NEW MEXICO

SOLE SOURCE REQUEST AND DETERMINATION FORM

A sole source determination is not effective until the sole source request for determination has been posted for thirty (30) calendar days without Protest, and subsequently approved in writing by the State Purchasing Agent of the General Services Department. The foregoing requirement is regardless of whether the sole source request for determination has been signed by the Agency.

I. Name of Agency: New Mexico Environment Department

Agency Chief Procurement Officer: Charlette Probst

Telephone Number: 505-500-9779

Agency Contact for this request: Andres Delgado

Email Address: andres.delgado@env.nm.gov

II. Name of prospective Contractor: Burns & McDonnell

SHARE Vendor Number (must be active): 0000178821

Address of prospective Contractor: 9191 S. Jamaica St., 324E, Englewood CO 80112

Contact Name, Telephone Number and Email Address: Mike Pindak, P.E. 720-227-8241

Amount of prospective contract before tax: $6,024,004.00

Estimated tax amount (tax is subject to change): Tax included

III. Term of prospective contract: 4 years

Note: Please refer to §13-1-150 for contract term limits.

If this is an amendment request to an existing contract, include current sole source posting number issued by SPD:

IV. Agency is required to provide the detailed scope of work (or amendment) for this sole source. Scope if work must match the scope included in the services determination and

Horizons declination.

Burns & McDonnell will provide professional engineering and technical advisory services to support long-term drinking water system improvements for the City of Las Vegas following impacts from the Hermits Peak/Calf Canyon Fire and subsequent watershed instability.

Design Management

Progress Meetings/Conference Calls

Engineer will conduct weekly engineering progress meetings and attend weekly coordination meetings conducted by others. These meetings will be held virtually via Microsoft Teams and will be attended by the Engineer’s design manager, process engineer, and discipline engineers as

Docusign Envelope ID: A5AA494B-0B26-4CCB-99C1-6195FDA6B5C7 mailto:andres.delgado@env.nm.gov needed. This task assumes a total of two (2) 1-hour meetings every week for the duration of design, for a total of one hundred and four (104) meetings.

Management Meetings

Engineer will conduct bi-monthly management meetings. These meetings will be held virtually via Microsoft Teams and will be attended by the Engineer’s design manager. This task assumes twelve (12) months of meetings. LVNM WTP SOW

Design Management

The Engineer’s design manager will review design status, review design schedule, review design deliverables, align design resources including sub-consultants, and provide oversite of the

Quality Control/Quality Assurance program.

Quality Control/Quality Assurance

The Engineer’s project team will follow Engineer’s QA/QC program. This task includes time to manage the internal review of the design by qualified staff.

Project Schedule

Engineer will develop a master project engineering schedule in critical path format that includes major design activities. The schedule will be updated monthly.

Project Costs & Weekly Reporting

Engineer will review engineering labor on a monthly basis during design to track estimated and actual costs. Engineer will provide a weekly progress report including general

Detailed Design

Design Documents

Drawings and specifications will be provided by Engineer at the 60% design level. The 60%

Documents will include the following:

Technical Specifications

Drawings included in the 30% design package brought to 60% completion

Additional detailed drawings needed for final design

The Owner and NMED will be given at least one (1) week to review the drawings and specifications prior to holding the 60% Design Review Meeting. PDF documents will be provided to the Owner and NMED for review.

Cost Estimating

Based on the 60% design documents, Engineer will prepare an updated engineer’s opinion of probable cost for the Project. This cost opinion will be submitted to NMED and Owner for review. The cost opinion will be based on recent bid tabulation information, historical cost data, and discussions with local suppliers and contractors. Costs developed at this stage are assumed to be in general conformance with AACE Class 3.

Estimates, schedules, forecasts, and projections prepared by Engineer relating to loads, interest rates and other financial analysis parameters, construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are opinions based on Engineer’s experience, qualifications, and judgment as a professional. Since

Engineer has no control over weather, cost and availability of labor, cost and availability of material and equipment, cost of fuel or other utilities, labor productivity, construction contractor’s procedures and methods, unavoidable delays, construction contractor’s methods of determining prices, economic conditions, government regulations and laws (including the interpretation thereof), competitive bidding or market conditions, and other factors affecting such estimates or projections, Engineer does not guarantee that actual rates, costs, quantities, LVNM WTP SOW performance, schedules, etc., will not vary significantly from estimates and projections prepared by Engineer.

Design Review Meeting

After the 60% design document review period, Engineer will conduct a 60% design review meeting at the Owner’s offices to be attended by the design manager and process engineer(s).

The purpose of this meeting is to provide the Owner and NMED an opportunity to clarify comments on the documents. Comments will be incorporated into the 90% design documents as appropriate.

Design

Design Documents

Drawings and specifications will be provided by Engineer at the 90% design level. The 90%

Documents will include the following:

Refined Technical Specifications

Drawings included in the 60% design package, brought to 90% completion

Additional detail drawings needed for final design or bidding

The Owner and NMED will be given at least one (1) week to review the drawings and specifications prior to holding the 90% Design Review Meeting. PDF documents of the drawings will be provided to the Owner and NMED for review.

Cost Estimating

Based on the 90% design documents, Engineer will prepare an updated engineer’s opinion of probable cost for the Project. This cost opinion will be submitted to NMED and Owner for review. The cost opinion will be based on recent bid tabulation information, historical cost data, and discussions with local suppliers and contractors. Costs developed at this stage are assumed to be in general conformance with AACE Class 3.

Estimates, schedules, forecasts, and projections prepared by Engineer relating to loads, interest rates and other financial analysis parameters, construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are opinions based on Engineer’s experience, qualifications, and judgment as a professional. Since

Engineer has no control over weather, cost and availability of labor, cost and availability of material and equipment, cost of fuel or other utilities, labor productivity, construction contractor’s procedures and methods, unavoidable delays, construction contractor’s methods of determining prices, economic conditions, government regulations and laws (including the interpretation thereof), competitive bidding or market conditions, and other factors affecting such estimates or projections, Engineer does not guarantee that actual rates, costs, quantities, performance, schedules, etc., will not vary significantly from estimates and projections prepared by Engineer.

Design Review Meeting

After the 90% design document review period, Engineer will conduct a 90% design review meeting at the Owner’s offices to be attended by the design manager and process engineer(s).

The purpose of this meeting is to provide the Owner and NMED an opportunity to clarify comments on the documents. Comments will be incorporated into the IFB design documents as appropriate.

Permitting & Stakeholder Communication

Design Consultant Discussions LVNM WTP SOW

Engineer will support the Owner in project discussions between stakeholders and other engineering design consultants. This task includes virtual meetings with stakeholders and/or consultants who are directly involved in design and future phasing of associated infrastructure including reservoir and distribution system upgrades and installation of GAC at the existing

WTP. This task assumes one (1) meeting per week through 60% design and two (2) meetings per month for the remainder of design. Meetings will be attended by the design manager and process engineer.

NMED Permitting

Engineer will work with NMED for permitting and project approval requirements. Permit applications and necessary documents will be prepared and provided to the Owner for signature and submittal as required. Owner and/or Contractor will be responsible for all permitting fees.

General Permitting

Engineer will develop and maintain a permitting matrix identifying required approvals, submittal requirements, responsible parties, sequencing, and review durations. The matrix will be updated throughout design and will be utilized to identify, track, and support procurement of environmental clearances and regulatory approvals required for the design and construction of the new WTP.

Miscellaneous Support

Water Sampling

Engineer will work with Owner-contracted analytical laboratories to perform raw water sampling and testing to evaluate raw water quality characteristics that will impact treatment.

This task assumes that Engineer will provide two (2) staff members to sample from raw water sources and ship the collected water to Owner-contracted analytical laboratories. This task assumes that one (1) sampling event will occur every two weeks for an eight-week period for a total of four (4) sampling events to complete winter trend analysis, and that one (1) sampling event will occur every two weeks for a sixteen-week period for a total of (8) sampling events to establish summer trend analysis. Engineer has assumed that the cost for all lab equipment, consumables and outside water quality laboratory work would be paid by the Owner.

Engineer will use the results of the sampling and testing in the design basis document. This design basis will be used to size the technology and other scope items to support the overall design.

Issued for Bid Documents and Bid Phase Services

Issue for Bid Design Documents

Engineer will prepare and submit Issue for Bid drawings and specifications to the Owner and

NMED for bidding purposes. The drawings and specifications will incorporate final Owner and

NMED comments prior to bidding, as appropriate.

Furnish one (1) electronic copy of the Issue for Bid documents to Owner and NMED

Bidding or Negotiating Phase

Engineer will assist NMED in advertising for and obtaining bids or proposals for the Work, assist NMED in issuing assembled design, contract, and bidding-related documents (or requests for proposals or other construction procurement documents) to prospective contractors, and, where applicable, maintain a record LVNM WTP SOW of prospective contractors to which documents have been issued, attend pre-bid conference, if any, and receive and process contractor deposits or charges for the issued documents.

Engineer will prepare and issue addenda as appropriate to clarify, correct, or change the issued documents. This task assumes three (3) addenda.

Engineer will attend the Bid Opening at the location established by NMED and develop a Bid

Tabulation summary identifying the bid price provided by each bidder and confirming that the bidder submitted required documentation with their respective bids.

Consult with NMED as to the qualifications of prospective contractors and contractor’s proposed subcontractors, suppliers, and other individuals and entities, for those portions of the Work as to which review of qualifications is required by the issued documents. Provide information or assistance needed by NMED during review of proposals or negotiations with prospective contractors.

If the issued documents require, the Engineer will evaluate and determine the acceptability of

"or equals" and substitute materials and equipment proposed by prospective contractors, provided that such proposals are allowed by the bidding-related documents (or requests for proposals or other construction procurement documents) prior to award of contracts for the

Work.

If NMED engages in negotiations with bidders or proposers, assist NMED with respect to technical and engineering issues that arise during the negotiations.

The inclusion of any contractor or subcontractor on the list of bidders does not constitute any endorsement or warranty by the Engineer, and NMED will exercise its own due diligence in reviewing the qualifications and experience, and check the references of, any prospective contractor or subcontractor, and in making a final selection of the qualified contractor and subcontractors for this Project.

Issued for Construction (IFC) Documents

Furnish one (1) electronic PDF of the issued for construction drawings and specifications to

Owner and NMED

Engineer will prepare and submit issued for construction drawings and specifications. The drawings and specifications will incorporate bidding addenda prior to submitting.

This contract does not authorize Burns & McDonnell to perform construction services, act as a general contractor, conduct subcontractor bidding, procure equipment or materials on behalf of the State, or manage construction contractors.

All construction procurement, contractor selection, and material purchasing will be conducted separately by the State of New Mexico in accordance with the New Mexico Procurement Code.

The State of New Mexico retains sole responsibility for compliance with IGA Intergovernmental

Agreement No. 25-667-4000-0001 (IGA). The IGA is separate from and not incorporated into this

Contract Agreement.

V. Provide a detailed explanation of the criteria developed and specified by the agency as necessary to perform and/or fulfill the contract and upon which the state agency reviewed available sources. (Do not use “technical jargon;” use plain English. Do not tailor the criteria simply to exclude other contractors if it is not rationally related to the purpose of the contract.)

Following the Hermits Peak/Calf Canyon Fire and recurring post-fire flooding, the City of

Las Vegas’ water treatment system has experienced significant operational instability due to elevated turbidity, sediment loading, and debris flows originating from the burn scar.

These conditions pose continuing risks to public health and water reliability.

The State entered into an Intergovernmental Agreement with the City to support stabilization and long-term engineering planning. In furtherance of this effort, Burns &

McDonnell was engaged to conduct engineering assessments, evaluate treatment performance, perform field investigations, and develop preliminary engineering documentation.

The criteria developed for contractor evaluation included:

• Demonstrated expertise in municipal drinking water treatment engineering

• Experience addressing post-wildfire watershed impacts on treatment systems

• Ability to provide immediate and continuous engineering support

• Familiarity with site-specific system deficiencies and watershed behavior

• Experience coordinating with state and federal regulatory entities

• Capacity to advance preliminary engineering documentation without duplication of prior work

The Burns & McDonnell team mobilized in early September 2025, and has remained continuously on the ground, actively planning, testing, evaluating an emergency procurement, and investigating system performance in close coordination with City staff, contractors, regulators, and technical consultants. Within the first 30 days, the team fully integrated with all project stakeholders, established governance and execution frameworks, and deployed qualified personnel who are actively delivering services today.

With the formal decision now made to fully rebuild the water treatment facility, Burns &

McDonnell is uniquely positioned to engineer this reconstruction on the most accelerated and least risky timeline possible through planning and design services. Given its existing presence, deep institutional knowledge of site conditions, established coordination mechanisms, and firsthand understanding of the exigent operational environment, Burns &

McDonnell offers the most seamless path to execution and the lowest risk of delay in delivering permanent water treatment solutions.

Any transition to a new vendor at this stage would introduce substantial delays measured in weeks or months at a time when continued system failure poses an ongoing threat to public health and safety. In light of the urgent need, the complexity of post-fire watershed conditions, and the critical reliance of the City of Las Vegas on a reliable drinking water supply, Burns & McDonnell is the only entity capable of delivering the required speed, integration, and technical expertise necessary to implement permanent water treatment infrastructure without jeopardizing schedule or public safety.

VI. Provide a detailed, sufficient explanation of the reasons, qualifications, proprietary rights or unique capabilities of the prospective contractor that makes their company the only source capable of providing the required professional service, general service, construction or item(s) of tangible personal property. (Please do not state the source is the “best” source or the “least costly” source. Those factors do not justify a “sole source.”)

Burns & McDonnell is uniquely qualified to provide the required professional engineering services due to its direct and ongoing involvement in evaluating and developing engineering solutions for the City of Las Vegas water treatment system.

The firm has:

• Conducted field investigations and performance evaluations under active post fire conditions

• Developed preliminary engineering documents currently relied upon by the State

• Coordinated with regulators regarding treatment requirements

• Established engineering baselines specific to watershed driven water quality variability

This firsthand technical knowledge cannot be replicated without significant reanalysis and delay.

The services required under this contract are professional engineering services only. The sole source determination is based on continuity of engineering work, preservation of technical assumptions, and avoidance of duplicative analysis not on construction execution.

Replacing Burns & McDonnell at this stage would introduce delays measured in months and require re-establishment of analytical frameworks, thereby increasing schedule risk and prolonging system instability.

VII. Provide a detailed, sufficient explanation of how the professional service, general service, construction or item(s) of tangible personal property is/are unique and how this uniqueness is substantially related to the intended purpose of the contract.

The uniqueness of the services lies in Burns & McDonnell’s established institutional knowledge and prior engineering work specific to the City’s post-wildfire water treatment challenges.

The firm has already:

• Developed engineering documentation tailored to burn-scar hydrology

• Conducted system-specific testing and data collection

• Established design parameters responsive to highly variable turbidity conditions

• Coordinated with stakeholders regarding regulatory compliance requirements

Continuity of engineering services ensures consistency in technical assumptions, methodology, and regulatory coordination. Engaging a different engineering firm would necessitate duplication of data analysis, redesign of treatment approaches, and repetition of regulatory consultation.

This sole source request is limited to professional engineering services and does not include construction, construction management, or procurement authority.

VIII. Provide a narrative description of the agency’s due diligence in determining the basis for the procurement, including procedures used by the agency to conduct a review of available sources such as researching trade publications, industry newsletters and the internet;;

contacting similar service providers; and reviewing the State Purchasing Divisions’

Statewide Price Agreements. Include a list of businesses contacted (do not state that no other businesses were contacted), date of contact, method of contact (telephone, mail, e-mail, other), and documentation demonstrating an explanation of why those businesses could not or would not, under any circumstances, perform the contract; or an explanation of why the agency has determined that no businesses other than the prospective contractor can perform the contract.

NMED conducted a rigorous and structured due-diligence process to identify the most qualified design-build firm for the City of Las Vegas Water Treatment Plant, consistent with industry best practices for emergency situation procurements. The evaluation emphasized transparency, fairness, and alignment with the project’s urgent public-health objectives. Firms were assessed against comprehensive criteria, including demonstrated water treatment plant experience, true in-house design-build capability, eligibility for government contracting schedules, experience delivering projects in New Mexico, availability of local personnel, and the capacity to meet an aggressive schedule. Outreach and market research showed that many firms lacked integrated design-build capabilities, would require joint ventures that could introduce delays, or were unable to mobilize quickly enough to meet project timelines.

Using a structured, weighted evaluation and risk assessment approach, NMED prioritized firms with proven capacity, local presence, and readiness to perform under emergency conditions. Through this process, Burns & McDonnell clearly emerged as the only firm that met all criteria. Burns & McDonnell demonstrated true design-build capability, a strong New Mexico presence with an established Albuquerque office and local staff, extensive statewide experience, and the ability to immediately mobilize and maintain the required schedule. Given that Burns & McDonnell is already advancing preliminary engineering and procurement planning, restarting the selection process would result in significant delays and jeopardize timely delivery of safe drinking water. Based on this best practice driven evaluation.

The New Mexico Environment Department is seeking a sole source for professional services with Burns & McDonnell for the City of Las Vegas, New Mexico Water Treatment

Plant based on urgent public-health needs and clear schedule and continuity advantages.

Burns & McDonnell is already advancing preliminary engineering, procurement planning, and early design activities, and shifting to a competitive procurement at this stage would result in an estimated 4–6-month delay. Such a delay would require duplicating completed work, disrupt current momentum, and significantly jeopardize the timely delivery of safe drinking water to Las Vegas residents.

Burns & McDonnell offers a unique combination of immediate readiness, technical strength, and local expertise that cannot be replicated without substantial risk. The firm has established an accelerated design-build schedule that incorporates early procurement and early site mobilization, saving months compared to a traditional design-bid-build approach.

With a strong New Mexico presence, extensive statewide experience, a large bench of licensed professionals, and proven safety and risk-management practices, Burns &

McDonnell is uniquely positioned to deliver this project under emergency conditions.

Awarding this sole source contract is necessary to preserve schedule, protect public health, and ensure uninterrupted progress toward a reliable water supply for the City of Las Vegas.

At this stage, replacing Burns & McDonnell is not a viable option without causing significant and unacceptable risk to public health. Any transition to another contractor would require restarting design and procurement activities, resulting in a minimum 4–6-month delay, loss of critical momentum, and jeopardizing the timely delivery of safe and reliable drinking water to the City of Las Vegas. Therefore, Burns & McDonnell is the only viable option and reason on why NMED is seeking a sole source procurement.

We are not including other firms contacted as we have already engaged with Burns &

McDonnell and are requesting a transition to sole source.

Certified by: Date:____________________

Agency Chief Procurement Officer

Agency Approval by: Date: ____________________

Cabinet Secretary/Agency or Entity Head or Designee

APPROVED: Date:____________________

State Purchasing Agent

If this sole source is being submitted by a governmental agency or governmental entity not under the final authority of the State Purchasing Agent, the State Purchasing Agent’s signature is not required. The signature line may be removed from this form or marked as N/A. Hard Copy

Documentation for Courtesy Postings do not need to be submitted to SPD for approval.

Docusign Envelope ID: A5AA494B-0B26-4CCB-99C1-6195FDA6B5C7

3/6/2026

3/6/2026

Certificate Of Completion Envelope Id: A5AA494B-0B26-4CCB-99C1-6195FDA6B5C7 Status: Completed

Subject: Complete with Docusign: Burns sole-source-determination-form-v2025-dmm-1025 3.6 cp.docx

Source Envelope:

Document Pages: 10 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 Charlette Probst

AutoNav: Enabled

EnvelopeId Stamping: Enabled

Time Zone: (UTC-07:00) Mountain Time (US & Canada)

1100 S Saint Francis Dr

Santa Fe, NM 87502 charlette.probst@gsd.nm.gov

IP Address: 174.238.227.6

Record Tracking Status: Original

3/6/2026 4:28:22 PM

Holder: Charlette Probst charlette.probst@gsd.nm.gov

Location: DocuSign

Security Appliance Status: Connected Pool: StateLocal

Storage Appliance Status: Connected Pool: General Services Department Location: Docusign

Signer Events Signature Timestamp Charlette Probst charlette.probst@gsd.nm.gov

State Purchasing Division CPO

Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Using IP Address: 174.238.227.6

Sent: 3/6/2026 4:31:39 PM

Viewed: 3/6/2026 4:31:50 PM

Signed: 3/6/2026 4:32:00 PM

Electronic Record and Signature Disclosure:

Not Offered via Docusign

John Rhoderick

John.Rhoderick@env.nm.gov

Deputy Cabinet Secretary of Administration

ENV

Signing Group: 66700 - Cabinet Secretary

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address: 73.26.161.167

Sent: 3/6/2026 4:32:01 PM

Viewed: 3/6/2026 6:02:36 PM

Signed: 3/6/2026 6:02:48 PM

Electronic Record and Signature Disclosure:

Accepted: 10/25/2024 8:18:11 AM ID: 680e865f-1c7d-4e6e-ab3d-f3572a97bc57

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status Timestamp

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/6/2026 4:31:39 PM

Certified Delivered Security Checked 3/6/2026 6:02:36 PM

Signing Complete Security Checked 3/6/2026 6:02:48 PM

Completed Security Checked 3/6/2026 6:02:48 PM

Payment Events Status Timestamps

Electronic Record and Signature Disclosure

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Electronic Record and Signature Disclosure created on: 4/14/2020 1:18:28 PM Parties agreed to: John Rhoderick

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