FW-East Pit ATP-REQUEST FOR QUALIFICATIONS- Final.pdf

Sliwinski WTP- East Pit Advanced Treatment Project October 16, 2024

REQUEST FOR QUALIFICATIONS

HENRY F. SLIWINSKI WTP

EAST PIT ADVANCED TREATMENT PROJECT

October 16, 2024 Address Statement of Qualifications to:

Frederick Water Attention: Connie Morrison-Henry

315 Tasker Road Stephens City, VA 22655

Inquiries and questions should be addressed to:

chenry@frederickwater.com

Statement of Qualifications are due: November 21, 2024 at 2 PM local time Envelopes must be sealed and plainly marked:

“SOQ Enclosed”

Envelopes must include the name and address of the Respondent.

Respondents must submit five paper copy sets of the proposal along with one digital copy.

The Frederick Water reserves the right to reject any and all Statement of Qualifications.

mailto:chenry@frederickwater.com

FREDERICK WATER

REQUEST FOR QUALIFICATIONS

Contents Section 1. Background

1.1 Introduction

1.2 Design-Build Justification and Authorization

1.3 RFQ Organization

1.4 Frederick Water’s Objectives

Section 2. Project Overview

2.1 Project Scope

2.1 Project Budget and Funding

2.2 Project Schedule

Section 3. Progressive Design-Build Services

3.1 General

3.2 Roles and Responsibilities

Section 4. Procurement Process

4.1 Acknowledgement of RFQ

4.2 Communications and Frederick Water Contact

4.3 Procurement Schedule

4.4 Pre-Submittal Meeting and Site Tour

Section 5. SOQ 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-Builder Profile

5.3.4 Part 3 – Project Team

5.3.5 Part 4 – Experience

5.3.6 Part 5- Project Approach and Understanding

5.3.7 Part 6- Cost Factors

Section 6. SOQ Evaluation and Selection

6.1 General

6.2 Responsiveness

6.3 Minimum Qualification Requirements

6.4 Interviews

6.5 Comparative Evaluation Criteria

6.6 Selection of Short List

Section 7. Conditions for Respondents

7.1 Owner Authority

7.2 Ineligible Firms and Individuals

7.3 Conflict of Interest

7.4 Proprietary Information

7.5 Rights of Frederick Water

7.5 Obligation to Keep Project Team Intact

7.6 Addenda

7.7 Appeals

Attachment A

Definition of Terms

Attachment B

Forms for Affirmation of Compliance

Attachment C

Submittal Certification

Attachment D

Resolution Authorizing the Design-Build Method of Procurement for the East Pit Advanced Treatment Project

Section 1. Background

1.1 Introduction

Frederick Water invites qualified firms to submit their qualifications (SOQs) for a design-build project to provide advanced treatment at the Henry F. Sliwinski (HFS) WTP. The HFS WTP receives raw water from two quarry pits, Pit 2 and East Pit.

Frederick Water has developed the East Pit quarry and raw water pump station to provide both water supply and drought storage Due to TDS and sulfate levels in the East Pit raw water, advanced treatment will be required to comply with drinking water standards. The objective of this project is to implement innovative and efficient treatment technologies for production of high-quality drinking water according to the requirements set forth in this RFQ.

The SOQ must comply with the format and content guidelines in Section 5, and with the Design-Build Procedures adopted by Frederick Water. SOQs will be reviewed and evaluated to select a short list of three to five Respondents, as described in Section

6. During review and evaluation of SOQs, Frederick Water may select Respondents to participate in interviews. At the completion of the RFQ evaluation process, Frederick Water intends to issue a request for proposals (RFP) to short-listed Respondents for award of a Progressive Design-Build Contract. The RFP will include bridging documents, including a treatability study and conceptual design documents, that convey Frederick Water’s design requirements. The contract will be based on EJCDC 2020 design-build forms, as revised by Frederick Water to meet the requirements of the Virginia Public Procurement Act and its needs for this Project. The capitalized terms in this RFQ have the meanings as first used in the text of this RFQ and as defined in Attachment A (Definition of Terms).

The Project is to be designed and constructed in two stages using the progressive design-build delivery method:

• Preliminary Stage: Complete pilot testing, prepare a basis of design report, advance design to 60% complete and prepare a guaranteed maximum price (GMP) proposal

• Completion Stage: Complete design, construction and post-construction tasks, including performance testing, startup commissioning, and operator training and support (if the GMP proposal is approved by the Owner in Preliminary Stage)

This RFQ is subject to revision after the date of issuance via written addenda. Any such addenda will be posted on the Owner’s website (not distributed directly to potential Respondents). It is each Respondent’s responsibility to obtain all RFQ addenda prior to submitting its SOQ.

In no event will the Owner be liable for any costs incurred by any Respondent or any other party in developing or submitting an

SOQ.

1.2 Design-Build Justification and Authorization

In accordance with § 2.2-4378 of the Code of Virginia and Frederick Water’s Procurement Policy Appendix-C: Procedures for Construction Management and Design Build Contracts, Frederick Water has determined that this project is eligible for completion using a design-build contract. Refer to the attached Resolution Authorizing the Design-Build Method of Procurement for the East Pit Advanced Treatment Project for the justification for this determination.

1.3 RFQ Organization

This RFQ consists of seven Sections and three Attachments:

• Section 1: Background

• Section 2: Project Overview

• Section 3: Progressive Design-Build Services

• Section 4: Procurement Process

• Section 5: SOQ Submission Requirements

• Section 6: SOQ Evaluation and Selection

• Section 7: Conditions for Respondents

• Attachment A: Definition of Terms

• Attachment B: Affirmation of Compliance

• Attachment C: Submittal Completion

The contents of the RFQ Attachments take priority over any conflicting statements in the RFQ Sections.

1.4 Frederick Water’s Objectives

Frederick Water’s objectives for delivery of the Project are as follows:

• Priorities: Address as many of Frederick Water’s priorities as funding and scheduling constraints allow.

• Quality: Provide treatment equipment that will be sustainable and will reliably produce required quantities of finished water in full compliance with federal and state regulations and contractual standards for water quality over the range of raw water quality conditions set by Frederick Water.

• Cost: Minimize operating and life-cycle costs.

• Schedule: Achieve the scheduled completion date of April 9, 2027, for design, construction, and performance testing of the Project.

• Risk: Achieve an optimal balance of risk allocation between Frederick Water and the Design-Builder.

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

By selecting the progressive design-build delivery method for the Project, Frederick Water is committed to working in close collaboration with the Design-Builder during the Preliminary Stage to develop the Project’s design to achieve the Project objectives and to obtain a mutually agreeable GMP price for delivery of the Project.

Section 2. Project Overview

2.1 Project Scope

Frederick Water recently constructed the Henry F. Sliwinski (HFS) Water Treatment Plant, an 8 MGD microfiltration water treatment plant. Water stored in Carmeuse Lime and Stone quarry pits, Pit 2 and East Pit (also referred to as Pit 4), on adjacent properties is pumped to the facility for treatment. Due to high TDS and sulfate concentrations in the raw water from the East Pit, the WTP will require additional treatment to provide water that meets secondary drinking water quality standards. Frederick Water has reviewed available treatment technologies and selected nanofiltration or reverse osmosis (NF/RO) membranes as the preferred treatment technology to reduce effluent TDS and sulfate concentrations in the drinking water and achieve compliance with the SDWA Secondary Standards.

Frederick Water projects that maximum day system-wide demands will range between 15 and 19 MGD within a 20 year planning horizon. The HFS WTP is anticipated to meet approximately 11 MGD of those demands. Frederick Water intends to use the existing 8 MGD microfiltration system to meet short term demands, and it is designed for expansion to 12 MGD as demand requires.

Frederick Water has completed a treatability study that indicates pre-filtration will be required due to particulate levels in the East Pit raw water. This will require Pit 2 and East Pit raw water to be blended, treated with the existing microfiltration membranes and then treated with the NF/RO membranes. Preliminary testing also indicates that additional pretreatment may be required due to the organic fouling potential of the raw water.

The treatability study evaluates alternatives for brine disposal that may include surface water discharge or on-site treatment. Surface water discharge may require discharge to the Opequon Creek to provide dilution required to meet whole effluent toxicity discharge requirements. Frederick Water has easements between the HFS WTP and Opequon Creek originally intended for a raw water supply.

The NF/RO system, including both pretreatment and NF/RO membranes, must be designed to address the following operational scenarios. In order to meet the 20 year demand requirement, microfiltration expansion to 12 MGD and additional raw water sources will be required. Based on adjacent well development, it is anticipated that additional raw water sources will have similar water quality to Pit 2.

Operational Scenarios:

a. Average Daily Production: During average daily system demand, Pit 2 and East Pit water will be blended to maximize the recharge potential of the quarries. The recharge rate of Pit 2 is estimated between 3.25 MGD and 4 MGD. The recharge rate of East Pit is estimated between 1.75 MGD and 2 MGD.

b. Maximum Daily Production: During maximum daily system demand, Frederick Water intends to use the East Pit storage volume to equalize demand at a rate of approximately 50% of the raw water pump station capacity, 4.25 MGD.

This would be blended with raw water ranging between 3.25 MGD and 4 MGD from Pit 2 or other similar sources.

c. Drought Production: During drought conditions, Frederick Water desires the ability to treat the rated capacity of the East Pit raw water pump station, 8.5 MGD, to leverage the approximately 1.7 BG of storage.

The scope of this project includes, but is not limited to, the following:

a. Basis of Design Report: Conduct a thorough assessment of the existing water sources, treatment facilities, and associated infrastructure to identify design requirements for the nanofiltration or reverse osmosis (NF/RO) treatment system. This must address pretreatment and brine disposal.

b. Technology Selection and Pilot Testing: As part of the Basis of Design Report, propose and justify the selection of appropriate nanofiltration or reverse osmosis membrane systems, considering factors such as efficiency, effectiveness, sustainability, and cost-effectiveness. If pretreatment for organic fouling is required, complete pilot testing considering similar factors. The proposed technologies must comply with relevant regulatory standards and guidelines. Conduct pilot testing to confirm treatability, reject stream quality, cleaning requirements, and efficiency.

c. Design and Engineering: Develop detailed engineering designs for the integration of nanofiltration or reverse osmosis membrane systems into the existing water treatment infrastructure. Ensure seamless integration, optimal performance, and minimal disruption to the ongoing operations.

d. Construction and Installation: Execute the construction and installation of the nanofiltration or reverse osmosis membrane systems in accordance with the approved designs and project timeline. Adhere to industry best practices, safety regulations, and environmental considerations during the construction phase.

e. Testing and Commissioning: Conduct rigorous testing and commissioning of the nanofiltration or reverse osmosis membrane systems to ensure their proper functioning, efficiency, and compliance with project specifications.

Provide necessary training and documentation to the operating staff for efficient system operation and maintenance.

2.1 Project Budget and Funding

The budget for the design and construction of the Project is not being disclosed at this stage.

2.2 Project Schedule

It is anticipated that the Progressive Design-Build Contract will be executed on or about March 21, 2025. The design, permitting, construction, and performance testing of the completed Project are expected to be completed no later than April 9, 2027.

Section 3. Progressive Design-Build Services

3.1 General

The Design-Builder will provide services in two distinct stages.

Preliminary Stage services generally consist of preliminary engineering, geotechnical investigations, and design development, as well as preparation, in close collaboration with Frederick Water, of a proposed price and schedule. The proposed price and schedule include the Project’s design (developed to Frederick Water’s required level of completion), a Guaranteed Maximum Price, Project schedule, and supporting documentation, such as detailed open-book costing for the GMP. Completion Stage services generally encompass completing the Project’s design, construction and post-construction tasks such as performance testing, commissioning startup testing and operator support. Permitting activities are included in each Stage.

Preliminary services (including, but not limited to):

• Develop the Project execution plan, including Project schedule.

• Produce the basis-of-design report including completing pilot testing of membranes and other pretreatment systems.

• Develop the engineering design (including preparing and submitting intermediate design review packages) and value-engineering activities in conjunction with Frederick Water.

• Prepare a project cost model and provide detailed cost estimates as the design and design alternatives are advanced.

• Submit and negotiate a Guaranteed Maximum Price to complete the second stage (Completion Stage).

• Perform engineering studies (such as subsurface investigations, pilot studies, raw water/ wastewater analyses, etc.) to support design and cost estimating.

• Identify Project permitting requirements and initiate certain permitting activities.

Completion Stage (including, but not limited to):

• Complete the final design.

• Procure equipment and subcontractors.

• Secure necessary permits.

• Construct the Project.

• Conduct startup, commissioning and performance testing.

• Provide operator training.

• Provide warranty coverage.

3.2 Roles and Responsibilities

Frederick Water: Frederick Water will cooperate with the Design-Builder and will fulfill its responsibilities in a timely manner to facilitate the Design-Builder’s timely and efficient performance of services. Frederick Water’s responsibilities include:

• Review submissions and provide comments to Design-Builder.

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

• Provide information and provide (or engage Design-Builder 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.

• Obtain the governmental approvals and permits Frederick Water is responsible for and assist Design-Builder in obtaining governmental approvals and permits it is responsible for.

• Provide necessary data and inputs (e.g., raw water, wastewater influent or biosolids) for Project start-up and performance testing.

Design-Builder: The Design-Builder will cooperate with Frederick Water and will provide in a timely manner the Preliminary Stage and Completion Stage services necessary to complete the Project scope specified in this RFQ. Design-Builder responsibilities include:

• Prepare design and construction documents.

• Supervise subcontractors and Design-Builder personnel.

• Obtain certain governmental approvals and permits.

• Maintain site security.

• Conduct performance testing.

• Implement quality-management procedures.

• Implement Project health and safety practices.

Section 4. Procurement Process

4.1 Acknowledgement of RFQ

Each Respondent should provide Frederick Water an acknowledgement that it has received the RFQ and is a potential Respondent. Such acknowledgement shall identify and provide full contact information for the Respondent Contact, who shall be the Respondent’s single point of contact for the receipt of any future documents, notices and addenda associated with this RFQ. Such acknowledgement must be sent in writing and a copy electronically transmitted to the Frederick Water Contact by email.

4.2 Communications and Frederick Water Contact

On behalf of Frederick Water, Connie Morrison-Henry, Purchasing Agent, will act as the sole point of contact for this RFQ and shall administer the RFQ process. All communications shall be submitted in writing or by email and shall specifically reference this RFQ. All inquiries shall include “RE: Henry F. Sliwinski East Pit Advanced Treatment Project —SOQ Questions” in the subject line of the email. All questions or comments should be directed to the Frederick Water Contact as follows:

Connie Morrison-Henry Purchasing Manager Frederick Water 315 Tasker Road Stephens City, VA 22655 540-868-1061 Extension 121 chenry@frederickwater.com

No oral communications from the Frederick Water Contact or other individuals is binding. No contact with Frederick Water 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 Respondent.

The Frederick Water Contact may designate alternate contacts, such as the Owner’s Representative or other Frederick Water staff members, in order to address specific inquiries.

4.3 Procurement Schedule

The current procurement schedule is as follows:

• Issue RFQ October 16, 2024

• Pre-submittal meeting October 30, 2024; 2 pm

• Deadline for questions November 11, 2024; 5 pm

• Submit SOQ November 21, 2024

• Interviews (if required) December 10-12, 2024

• SOQ evaluation completed/short list released December 17, 2024

• Issue RFP December 20, 2024

• Submit Proposal January 30, 2025

• Interviews February 3-7, 2025

4.4 Pre-Submittal Meeting and Site Tour

Frederick Water will conduct a pre-submittal meeting for those interested in responding to the RFQ. Attendance at this meeting is not mandatory. The meeting will be held at 315 Tasker Road, Stephens City, Virginia on October 30, 2024 starting at 2:00 PM. A virtual option will be provided. Request meeting invitation details from Connie Henry a minimum of 24 hours prior to the meeting. At this meeting, Frederick Water will offer information about the Project and the procurement process.

Those who attend the pre-submittal meeting will have the opportunity to tour the Project site following the meeting to familiarize themselves with site conditions and constraints. Respondents shall advise Frederick Water Contact 5 days before the meeting of the names of individuals who will attend the pre-submittal meeting. Due to space constraints, each firm is limited to 4 attendees at the meeting and site tour.

Section 5. SOQ Submission Requirements

5.1 Submittal Place and Deadline

The submittal must be received no later than November 21, 2024 at 2 pm, addressed to

Connie Morrison-Henry Purchasing Agent Frederick Water 315 Tasker Road Stephens City, VA 22655

Each Respondent assumes full responsibility for timely delivery of its SOQ at the required location. Any SOQ received after the submittal deadline will not be opened and will be returned. The delivered packaging containing the SOQ documents must note “SOQ Enclosed-OWSP Proposal” on its face.

5.2 Submission Format

Provide Financial Records information in a separate sealed envelope labeled “Financial Records Confidential and Proprietary”.

The pages of the Financial Records portion of the submittal do not count towards any page limits. Provide one bound hard copy of Financial Records in a separate envelope within the submittal package. Do not provide electronic copy of “Financial Records” in any format.

Responses should include 5 hard bound copies and one USB thumb drive which contains a single Adobe Portable Document Format (PDF) file containing the entire contents in the same layout and format as the hard copies. PDF files shall have bookmarks provided to, at minimum, identify the same level of section separations as provided in the hard copies. Do not include any of the Financial Records information with the bound hard copies or associated PDF files.

SOQ must not exceed 50 total pages (most or all 8½ x 11 inches with 1-inch or greater margins), excluding the transmittal letter, index or table of contents, front and back covers, title pages/separation tabs, and appendices. A maximum of 10 of the total pages may be 11 x 17-inch tri-fold format. Eleven-point font or larger must be used in SOQ Parts 1–6.

5.3 Submission Content

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

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

• Transmittal Letter

• Part 1 – Executive Summary

• Part 2 – Design-Builder Profile

• Part 3 – Project Team

• Part 4 – Experience

• Part 5 – Project Understanding and Approach

• Part 6- Cost Factors

• Appendix A – Forms for Affirmation of Compliance

• Appendix B – Resumes

• Appendix C – Financial Statements (separate envelope)

5.3.1 Transmittal Letter

Respondents must submit a transmittal letter (maximum two pages) on the Respondent’s letterhead. It must be signed by a representative of the Respondent who is authorized to sign such material and to commit the Respondent to the obligations contained in the SOQ. The transmittal letter must include the name, address, phone number and email address for the Respondent’s Contact, and must specify who would be the Design-Builder’s signatory to any contract documents executed with Frederick Water. Such letter may include other information deemed relevant by the Respondent.

5.3.2 Part 1 – Executive Summary

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

5.3.3 Part 2 – Design-Builder Profile

A detailed and complete description of the company proposed as the Design-Builder must be provided in Part 2 of the SOQ.

(The term “company” can refer to either a single entity or a joint venture.) Information concerning Key Personnel and other firms that may be included on the Project Team, such as sub-consultants and subcontractors, should be provided in Part 3 of the SOQ. The Design-Builder Profile must include the following information:

• General Provide general information about the Design-Builder, 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.

• Legal structure

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

• Project office location Identify where the Design-Builder intends to maintain its project office(s) and where the majority of the design work will be performed.

• Financial condition In SOQ Appendix C (Financial Statements), provide audited financial statements for the Design-Builder for the past three years and quarterly financial statements, certified by the chief financial officer, for the current year. If the Design-Builder is a joint venture, LLC, or partnership, such financial statements must be provided for each partner or member.

• Payment and performance bonds A letter from the Design-Builder’s surety must be provided to verify the availability of a design-build bond or bonds (covering both performance and payment) of at least $20 million for this Project. The surety must be authorized by law to do business in Virginia and must have an A.M. Best Company Rating of A minus VIII or better. The surety must also be listed in the U.S. Department of Treasury’s Circular 570.

• Insurance A letter or Certificate of Insurance from the Design Builder’s insurance company must be provided stating its ability to acquire and provide the following minimum limits for the required insurance:

— Statutory workers compensation insurance (as required by state law)

— Employer’s liability insurance: $ 1 million

— Commercial general liability insurance: $ 1-2 million per occurrence; $ 5-10 million annual aggregate

— Commercial automobile liability insurance: $ 2 - 5 million combined single limit for bodily injury and property damage

— Excess liability insurance above the employer’s, general and automobile insurance: $ 5 - 2 0 million

— Professional liability (errors and omissions): $ 1 - 2 million each occurrence and $2-5 million the aggregate

— Builder’s Risk (and/or installation floater) for all or parts of the project: $5-30 million

The required insurance must be obtained and maintained from insurance companies that have an A.M. Best Rating of A minus and VIII or better and are duly licensed or authorized in Virginia.

The SOQ must provide the following additional information pertaining to factors or events that have the potential to adversely impact the Design-Builder’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 10 years) legal proceedings and judgments, or any contingent liability, of the Respondent or any officer, director or owner of the Respondent that could adversely affect the financial position or ability to perform contractual commitments to Frederick Water. This includes, but is not limited to, any judgments related to breach of contract for governmental or non-governmental construction. If no such proceedings or judgments are listed, provide a sworn statement to that effect from the general counsel.

• Completion of contracts. Has the Design-Builder failed to complete any contract, or has any contract been terminated due to alleged poor performance or default within the past 10 years? Has the Design-Builder been in substantial non-compliance with the terms and conditions of prior construction, design-build or construction management contracts with a public body without good cause within the past 10 years? If the answer to either question is “yes” describe the circumstances.

• Violation of laws. Has the Design-Builder or any officer, director, owner, project manager, procurement manager or chief financial officer of the Design-Builder 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 10 years? If so, describe the circumstances.

• Debarred from bidding. Has the Design-Builder or any officer, director or owner of the Design-Builder been debarred within the past 10 years, or is it under consideration for debarment, on public contracts by the federal government or any public body or agency of any level of government? If so, describe the circumstances.

If any of the above questions are answered in a manner that indicates that any of these unfavorable factors or events are present, it is the Respondent’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 Design-Builder’s ability to perform its contractual commitments.

The Respondent must notify Frederick Water of any changes subsequent to submission of the SOQ and before the selection process is completed (and, in the case of the selected Respondent, before execution of the Progressive Design-Build Contract).

5.3.4 Part 3 – Project Team

The composition, organization and management of the Project Team must be described in two separate subsections.

Design-Builder/ other firms:

• Identify any other firms (such as subcontractors and sub-consultants) included on the Project Team along with the Design-Builder and describe the scope of the Design-Builder’s and each firm’s services and responsibilities during the Preliminary Stage and Completion Stage of the Project. The firm(s) serving as the Designer and the Builder must be clearly identified.

• Provide Preliminary Stage and Completion Stage organizational charts showing the reporting relationships and responsibilities of the Design-Builder and any other firms and describe the Design-Builder’s approach to the management of such firms.

Key Personnel

• Identify all Key Personnel (and their firm affiliations) on the Project Team and describe their specific responsibilities during Preliminary Stage and Completion Stage of the Project.

• Provide Preliminary Stage and Completion Stage organizational charts showing the reporting relationships and responsibilities of all Key Personnel (along with their firm affiliations) and describe the Design-Builder’s approach to the management of such Key Personnel.

• Indicate the commitment of all Key Personnel in terms of an estimated percentage of time during each phase of the Project.

• Provide resumes for all Key Personnel in SOQ Appendix B (Resumes). Resumes must be limited to two pages per individual and include:

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

Any change in the firms or Key Personnel included in the SOQ would require Frederick Water approval.

5.3.5 Part 4 – Experience

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

Reference Projects

The Respondent shall submit descriptions of reference projects to demonstrate relevant experience of the Respondent and members of the Project Team.

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

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

In addition, a one-page summary table should be provided to cross-reference the Project Team (firms and Key Personnel) with participation in the reference projects.

Safety

Provide a summary description of the Design-Builder’s corporate safety program and include safety statistics or records indicating categories of accidents and their incidence or frequency rates for the past five years. The following safety records must be provided for the Design-Builder for the current and past five years:

• The experience modification rate (EMR) calculated by the National Council on Compensation Insurance or similar rating bureau. (The EMR is also referred to as the experience modification rating, experience modification factor, experience modifier or X-mod.)

• The days-away-from-work injury incidence rate. A day-away-from-work injury is an injury that prevents an employee from returning to his or her next regularly scheduled shift. The incidence rate is calculated by multiplying the number of days-away-from-work injuries for the particular year by 200,000 and then dividing the product by the person-hours worked for that year.

5.3.6 Part 5- Project Approach and Understanding

Provide a conceptual description of the Design-Builder’s understanding of the Project elements and a discussion of how that understanding should allow Frederick Water to conclude that the Design-Build team is conceptually knowledgeable of the Project. Describe your team’s understanding of the critical success factors from the perspective of various stake holders affected by the Project.

Provide a conceptual description of the Design-Builder’s approach for managing and performing its services during Preliminary Stage and Completion Stage of the Project. At a minimum, address the following:

• Describe the strategy for collaboratively evaluating the Project priorities versus budgetary and scheduling constraints.

• Discuss how risk factors will be identified and addressed.

• Discuss how the design and construction processes will interface, including how constructability, permit-ability, and schedule-ability issues will be addressed.

• Describe the process for developing the GMP, including the amount of cost contingency.

• Identify and prioritize the work components critical to the Project’s success and how these components will be addressed.

• Describe the Project approach utilizing the priorities listed in Section 2.1 and the given budget.

• Discuss how collaborative relationship with Frederick Water will be established and cultivated during the design development, schedule development, and cost development.

5.3.7 Part 6- Cost Factors

Provide a description of how the Design-Build team expects to be compensated. Describe how the Design-Build team will manage the total project budget. Describe how you will allocate the Cost of Work with respect to budgetary allocations within the GMP and with respect to developing the Contract Price. Describe how cost savings will be shared.

For Preliminary Stage services, provide a preliminary proposed scope of services. While Frederick Water will prefer a Lump Sum Fee proposal for these services, describe the methodology for compensation for any scope items that the Design‐Builder chooses to handle outside of the Lump Sum Fee. Provide an hourly rate schedule for the staff expected to contribute to the Preliminary Stage and Completion Stage services. Provide an estimate of the direct labor multiplier used to develop the hourly rate schedule. Describe how costs may be derived and an estimate of the schedule necessary to prepare “biddable” documents in the event that Frederick Water and the Design‐Build team cannot reach a GMP Agreement (Frederick Water elects to take the off‐ramp).

Describe the open‐book GMP development process and provide a briefly summarized example. For the GMP proposal (to be developed during Preliminary Stage), provide a description of the cost estimating approach to developing:

• Design‐Builder’s Fee (GMP)

• Estimated Cost of Work

• List of separately priced items

Lastly, provide a description of the approach to developing a Contract Price, i.e. Design‐Builder’s Fee plus Cost of Work plus Design‐Builder’s contingency minus Savings accrued to the Owner.

Section 6. SOQ Evaluation and Selection

6.1 General

The SOQs will be reviewed and evaluated by Frederick Water’s selection committee (with assistance provided by outside advisors if desired by Frederick Water) according to the requirements and criteria outlined in this Section 6. During the SOQ evaluation process, written questions or requests for clarifications may be submitted to one or more Respondents regarding its SOQ or related matters. Failure to respond in a timely manner to any such questions or requests may be grounds for elimination of the Respondent from further consideration. In addition, Frederick Water may require that all or a limited number of Respondents participate in interviews.

6.2 Responsiveness

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

6.3 Minimum Qualification Requirements

Each responsive SOQ 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 SOQ that does not satisfy all the Minimum Qualification Requirements may be rejected.

• Performance and Payment bond. Ability of the Design-Builder to provide a design-build performance and payment bond(s) in a minimum amount of $20 million.

• Net worth. The Design-Builder must have a minimum net worth of $10 million.

• Material adverse condition. The Design-Builder 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 performance and payment bonds or insurance at minimum levels required by this RFQ, or to maintain sufficient financial strength to undertake and successfully complete the Project and to mitigate/absorb Project risks.

• Licensing and registration. The Design-Builder and each firm must be licensed in Virginia for the type of work to be performed. The Designer must include in responsible charge an engineer registered in Virginia, and each architect must be registered in Virginia. The Project Team must include a licensed Class “A” contractor in the Commonwealth of Virginia.

• Design experience. Within the past 10 years, the Designer must have successfully completed the design of at least 5 similar or comparable projects for municipal clients in the United States and preferably one similar or comparable project for a municipal client in Virginia.

• Construction experience. Within the past 10 years, the Builder must have successfully completed the construction of at least 5 similar or comparable projects for municipal clients in the United States and preferably one similar or comparable project for a municipal client in Virginia.

• Similar Membrane Treatment Experience: The design-build team project experience should demonstrate a successful track record in designing and implementing nanofiltration or reverse osmosis membrane projects of similar scale.

• Design-build experience. Within the past 10 years, the Designer and Builder must have successfully completed or performed a substantial degree of work on at least three similar or comparable collaborative delivery projects for municipal applications in the United States and preferably one similar or comparable project for municipal clients in Virginia. Collaborative Project Delivery experience includes projects in which the Builder and the Designer worked under a project delivery approach which promoted integration of Design and Construction. Such project delivery approaches may have included Design‐Build, or Construction‐Manager‐at‐Risk. Respondent should have been a primary entity (Designer or Builder or both) in such experience. Projects where the Designer and Builder teamed together will be given additional weight during SOQ evaluation.

• Safety record. The Builder should provide its safety record including but not limited to EMR. Provide explanation of

EMR values and records to further explain your safety record.

• Project Understanding. The Design‐Build team should demonstrate sufficient understanding of Project factors to allow Frederick Water to conclude that the Design‐Build team can effectively address the majority of Frederick Water’s expectations without the need for intensive day‐to‐day guidance being required on the part of Frederick Water during the accomplishment of the Project.

• Project Approach. The Design‐Build team should demonstrate their capacity to creatively develop and implement a Project approach that will accomplish most of Frederick Water’s objectives within the budgetary and scheduling constraints derived from the understanding of the project by the Design‐Build team.

• Cost Factors. The Design‐Build team should communicate sufficient description of value to allow Frederick Water to conclude that their services and work will be valued attractively.

6.4 Interviews

The selection committee will evaluate and rank the responsive SOQs that satisfy the Minimum Qualification Requirements by applying the weighted comparative evaluation criteria set forth below. The Selection Committee may hold meetings and interviews, and conduct discussions and correspondence with one or more of the Respondents to seek an improved understanding of any information contained in an SOQ. Currently, the Selection Committee does not intend to develop a separate interview criteria. Instead, the Selection Committee intends to use the interview to seek an improved understanding of any information contained in the SOQ; that improved understanding will be used to enhance the application of the weighted comparative evaluation criteria. If the responsive SOQs contain information that suggests separate interview criteria are necessary, that criteria will be developed by the selection committee and communicated in advance of the interview phase of the evaluation process.

6.5 Comparative Evaluation Criteria

The selection committee will evaluate and rank the responsive SOQs that satisfy the Minimum Qualification Requirements by applying the weighted comparative evaluation criteria set forth below.

Criteria Description Value Project Team Profile and Qualifications 35 Experience 35 Project Understanding and Approach 20 Cost Factors 10

6.6 Selection of Short List

After the evaluation process is complete the top-ranked Respondents will be selected for inclusion in the short list of three to five Proposers who will receive the RFP.

Section 7. Conditions for Respondents

7.1 Owner Authority

The Frederick County Sanitation Authority d.b.a. Frederick Water is a Virginia Corporation created under the Virginia Water and Waste Authorities Act on August 1, 1967, for the purpose of acquiring, constructing, operating, and maintaining and integrated water supply and distribution system in Frederick County and an integrated sewer system for Frederick County. Frederick Water is a public body, politic and corporate, deemed to be an instrumentality exercising public and essential governmental functions for health and welfare. The procurement process for this Project is authorized under the Design-Build Procedures adopted on March 24, 2017. The Design-Build Procedures were adopted under Frederick Water’s Procurement Policy and are in compliance with the Virginia Public Procurement Act.

7.2 Ineligible Firms and Individuals

The following firms and individuals are serving in an advisory capacity to Frederick Water for this Project and are therefore not eligible to assist or participate with any Respondent that submits an SOQ for the Project.

1. Pennoni, Winchester, Virginia

2. McGuire Woods, LLP, Tysons/Richmond, Virginia

3. Wiley|Wilson, Lynchburg, Virginia

4. Short Elliot Hendrickson (SEH), Charlottesville, VA

5. Whiteford Taylor Preston, LLP

7.3 Conflict of Interest

Identify any persons know to the Respondent who would be obligated to disqualify themselves from participation in any transaction arising from or in connection to the project pursuant to the Virginia State and Local Government Conflict of Interest Act (“VSLGCIA”), as amended.

7.4 Proprietary Information

All materials submitted to Frederick Water become public property and are subject to the Freedom of Information Act. The Respondent can request that all information submitted by the Respondent as part of its SOQ be considered as a trade secret or proprietary information by marking the check box located on the Submittal Certification (Attachment C).

7.5 Rights of Frederick Water

In connection with this procurement process, including the receipt and evaluation of SOQs and development of the short list, Frederick Water 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 RFQ, in whole or in part, at any time, without incurring any obligations or liabilities

• Modify the procurement schedule

• Waive deficiencies, informalities and irregularities in an SOQ and accept and review a non-conforming SOQ

• Suspend and terminate the procurement process or terminate evaluations of SOQs received

• Permit corrections to data submitted with any SOQ

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

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

• Seek clarification from any Respondent to fully understand information provided in the SOQ and to help evaluate and rank the Respondents

• Reject an SOQ containing exceptions, additions, qualifications or conditions not called for in the RFQ or otherwise not acceptable to Frederick Water

• Conduct an independent investigation of any information, including prior experience, identified in an SOQ by contacting project references, accessing public information, contacting independent parties, or any other means

• Request additional information from a Respondent during the evaluation of its SOQ

7.5 Obligation to Keep Project Team Intact

Respondents are advised that all firms and Key Personnel identified in the SOQ 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 Progressive Design-Build Contract and for completion of the Project are set forth in Section 2.3 of this SOQ.) If extraordinary circumstances require a change, it must be submitted in writing to the Frederick Water Contact, who, at his or her 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-Builder’s control. Unauthorized changes to the Project Team at any time during the procurement process may result in elimination of the Respondent from further consideration.

7.6 Addenda

If any revisions to the RFQ or procurement process become necessary or desirable (at Frederick Water’s sole discretion), Frederick Water may issue written addenda. Frederick Water will not transmit addenda to potential Respondents. Frederick Water will post all addenda on Frederick Water Project website at the following address: www.FrederickWater.com . It is Respondent’s responsibility to obtain all addenda prior to submitting its SOQ.

7.7 Appeals

Respondents not selected for short list to receive Request for Proposals may appeal such decision in accordance with the process set forth in § 2.2-4357 of the Virginia Code.

http://www.frederickwater.com/

Attachment A Definition of Terms

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

Builder – The Design-Builder or other firm (such as a subcontractor or joint venture partner) that will provide construction services and have responsible charge of construction of the Project.

Designer – The Design-Builder or other firm (such as a sub-consultant or joint venture partner) that will provide professional design services and have responsible charge of the design, including preparation of the construction documents.

Design-Builder – The entity that will enter into the Progressive Design-Build Contract with Frederick Water and that will be the single point of accountability to Frederick Water for delivering the services and the Project.

Progressive Design-Build Contract – The contract is anticipated to be based on the EJCDC 2020 design-build form, as revised by Frederick Water to meet the requirements of the Virginia Public Procurement Act and its needs for the Project.

Key Personnel – The individuals, employed by Design-Builder or other firm included on the Project Team, who would fill certain key roles in delivery of the Project and related services by the Design-Builder, including the following positions: project manager, safety manager, design manager, construction manager, task leaders and other individuals filling similar roles.

Minimum Qualification Requirements – The requirements set forth in Subsection 6.3 of this RFQ that, at a minimum, must be satisfied (or waived by Frederick Water) in order for the SOQ to be evaluated and ranked according to the comparative evaluation criteria.

Owner- Frederick Country Sanitation Authority dba Frederick Water, 315 Tasker Road, Stephens City, VA 22655.

Project – Henry F. Sliwinski Water Treatment Plant Advanced Treatment Project.

Project Team – The Design-Builder, Key Personnel and…