RFP Lagoon Liner D_E RFP.doc

CONTINUATION SHEET

Request for Proposal No. HSS-2025-01

REQUEST FOR PROPOSAL

FOR

WWTF Lagoon Liner Replacement

Design and Engineering Request for Proposal No: HSS-2025-01 Date of Issue: March 27, 2025 Proposal Closing Date and Time: April 28, 2025, 2:00 p.m. by Town Clock Proposal to be PHYSICALLY RECEIVED by the Town as below PRIOR TO Proposal Closing Date and Time above.

RETURN TO:

Town of Hot Sulphur Springs PO Box 116 Hot Sulphur Springs, Colorado 80451 THIS REQUEST FOR PROPOSAL ("RFP") IS NOT A COMPETITIVE BID BASED ON PRICE ONLY. The request for proposal allows the Town of Hot Sulphur Springs, Colorado (the "Town") to select the service provider that best meets the needs of the Town, taking into consideration proposer qualifications, price, products, and service capabilities and other factors relevant to the Town’s policies, programs, administrative resources, and budget.

This RFP has been published at the Rocky Mountain E-Purchasing System, which may be accessed at the following websites:

https://www.bidnetdirect.com/colorado Any modifications to this RFP or addenda pertaining to this RFP will be published to the E-Purchasing System, and all proposers are responsible to periodically check the E-Purchasing System for relevant updates prior to the submittal of a proposal.

PROPOSER’S CERTIFICATION

Note:

return this page with your proposal.

The undersigned, as an authorized agent of the proposer, hereby certifies:

the receipt of _________ addendums;

familiarization with all instructions, terms and conditions, and specifications stated in this RFP;

the proposer is qualified to perform the work and services outlined in this RFP;

that the proposal is valid until ___________________ (date).

Company Name

Authorized Signature

Mailing Address

Printed Name

Town, State, Zip Code

Title

Federal Employee ID Number (FEIN)

Phone Number

Type of Entity (Sole Proprietorship, LLC, Fax Number

Partnership, LLP, Corporation, etc.)

Web site (if applicable)

Email Address

REQUEST FOR PROPOSAL

RFP NO. HSS-2025-01

The Town of Hot Sulphur Springs is in need of professional engineering services to design and engineer the Lagoon Liner 1 replacement for their Wastewater Treatment Facility and to prepare a solicitation for construction of the liner replacement. See Scope of Work on page 10 of this RFP.

Proposals are to be addressed and delivered to the Town Clerk for Town of Hot Sulphur Springs, in accordance with the Instructions to Proposers and all other requirements as referenced in this RFP. Proposals will be received until the Proposal Closing Date and Time set forth on the cover page of this RFP, at which time a representative of the Town will publicly announce the names of those firms or individuals submitting proposals. No other public disclosure will be made if and until award of contract.

The Town will use the following tentative schedule for the selection process:

· Issue requests for proposals:

March 27, 2025

· Proposal Closing Date and Time:

April 28, 2025 at 2:00 p.m.

· Interviews with selected proposers

TBD

The Town reserves the right to modify this timeline at any time. Should the Town change the Closing Date and Time, the Town will notice prospective proposers by posting the information on the Rocky Mountain E-Purchasing System .

TOWN OF HOT SULPHUR SPRINGS

Katie LaDrig, Town Clerk

INSTRUCTIONS TO PROPOSERS

autonum Proposers responding to this RFP must submit their proposals in the format specified in this solicitation.

autonum One (1) electronic copy of the proposal are to be submitted on or prior to the Closing Date and Time, through BidNet or by email to:

Town of Hot Sulphur Springs

Katie LaDrig, Town Clerk townclerk@townofhss.com

Hot Sulphur Springs, CO 80451 autonum Proposals may also be submitted in a sealed package or envelope listing the following information on the outside:

· RFP Title:

WWTF Lagoon Liner Replacement Design and Engineering

· RFP Number:

HSS-2025-01

· RFP Closing Date and Time:

April 28, 2025 at 2:00 pm

· The Proposer’s Name and Address:

No telephone, electronic, or facsimile proposals will be accepted or considered.

autonum Proposals sent by mail or hand delivered, must allow sufficient delivery time to ensure physical receipt in the Town Clerk’s office by the Closing Date and Time deadline specified. The validation of the time and date received will occur in the Town Clerk’s office. Any proposer may withdraw his / her / its proposal at any time prior to the RFP Closing Date and Time.

autonum Proposals must be dated and signed by a duly authorized partner or corporate officer, with that person’s name and title clearly identified. All of the proposal terms, conditions, contents, fees and charges shall be guaranteed by the proposer for a minimum of ninety (90) days from the date of submission of the proposal to the Town.

autonum The content of all proposals must conform to the following:

· Proposers must respond to the questions in the order presented in this RFP.

· Proposers may provide additional supporting documentation pertinent to clarification of the proposal.

autonum Check List – The following information must be included with your proposal in this order and be indexed/tabbed:

· Signature Page (page 2) (must be the front page of your proposal).

· Addenda Acknowledgments (if any). Note: if addenda are issued, the same will be posted to the Rocky Mountain E-Purchasing System, as set forth on page 1 of this RFP.

· Qualifications and Experience, Including References (not to exceed two (2) pages). Identify your firm’s key team members, your key subconsultants, their roles and their applicable experience directly related to this project.

· Proposed Approach to Providing the Services Requested.

· Cost Proposal The cost proposal should include all costs proposed to provide the services identified in the Scope of Work. If the proposer anticipates additional services than those listed within the RFP scope of work, please list those services and their associated costs as "Additional Services" and do not include these additional services within your base price schedule.

8.

All changes in the RFP documents shall be through written addendum and furnished to all proposers via the Rocky Mountain E-Purchasing System.

9.

Proposers who have questions concerning the submission of proposals or the RFP process must contact:

Nick Rardin, Project Manager

Town of Hot Sulphur Springs

E-Mail:

nick@townofhss.com The deadline for questions will be April 9 at 5 pm. An addendum with a response to the questions will be issued by April 15, 2025 unless posted otherwise by the Town.

10.

The proposals may be reviewed by a selection committee. The committee may request additional information from proposers or request personal interviews with one or more proposer. The weight to be given to each evaluation criterion will be as determined by the selection committee. Final evaluation and selection may be based on, but not limited to, any or all of the following:

· Information presented in the proposal.

· Ability of the proposer to provide quality and timely products and services.

· Service reliability and consistency of quality.

· Qualifications and experience of the proposer.

· Insurance and ability to bond.

· References.

· Personal interview.

· Cost Proposal/Total Cost.

11. All proposals timely submitted shall become the property of the Town and shall be retained in accordance with the Town’s records retention schedule.

12.

Public Inspections of Proposals. The Town is a Colorado governmental entity. Therefore, all information included in proposals and other written information submitted by the Proposer to the Town is subject to the provisions of the Colorado Open Records Act, Colorado Revised Statutes Sections 24-72-201, et seq. (“CORA”). Proposers should expect that the proposal may be viewed by the general public and competitors once submitted to the Town. Under CORA, trade secrets, privileged information, and/or confidential commercial, financial, geological or geophysical data (“Confidential Information”) may not be subject to disclosure. If a Proposer requests any restrictions on the use or inspection of Confidential Information contained within the proposal, Proposer must:

(a) clearly identify and segregate any portion(s) of its proposal that it believes constitutes Confidential Information as defined above,

(b) place a cover page on such segregated Confidential Information requesting that such Confidential Information be restricted from inspection under CORA, and

(c) state with such request, on the cover page, the statutory basis for the request under CORA (the reasons the segregated information is Confidential Information as defined above).

Neither a proposal in its entirety, nor proposal price information will be considered Confidential Information. Any information that will be included in any resulting contract also cannot be considered Confidential Information. Co‐mingling of Confidential Information with information that is not Confidential Information is not acceptable.

If Proposer fails to satisfy (a) through (c) set forth above, the Town may treat the entire proposal as a public record available for inspection by the public under CORA. However, if Proposer satisfies (a) through (c), the Town intends to redact or withhold such identified and segregated material in response to a CORA request unless such marked and segregated information is clearly not Confidential information. If the Town is subject to a legal challenge (e.g., mediation, litigation) as a result of the redaction or withholding of such Confidential Information, Proposer shall be responsible to enter into an agreement with the Town to cover all Town costs incurred, including penalties and attorney fees that may be imposed by a court, to defend its CORA response, with the Town retaining full discretion on how to defend and to what extent. If Proposer fails to enter into such agreement, it shall be discretionary with the Town whether to defend the legal challenge.

13.

No Waiver of Governmental Immunity. Nothing in this RFP or any resulting agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10 of the Colorado Revised Statutes.

TERMS & CONDITIONS

1. All participating proposers, by their signature, agree to comply with all of the terms, conditions, requirements, and instructions of this RFP as stated in this RFP. Should the Town omit anything from this document which is necessary to a clear understanding of the work, or should it appear that various instructions are in conflict, then the proposer shall contact the Town and secure written instructions from the Town Clerk at least 48 hours prior to the time and date of the scheduled opening of the proposals.

2. The Town reserves the right to:

· Reject any and all proposals received as a result of this RFP.

· Waive or decline to waive any informalities and any irregularities in any proposal or responses received.

· Adopt all or any part of the proposer’s proposal.

· Negotiate changes in the scope of work or services to be provided.

· Withhold the award of contract.

· Select the proposer it deems to be most qualified to fulfill the needs of the Town. The proposer with the lowest priced proposal will not necessarily be the one most qualified, since a number of factors other than price are important in the determination of the most acceptable proposal.

3. All proposals must be signed by an authorized agent of your firm. Any firm or individual submitting a signed proposal shall be deemed to have read and understood all of the terms, conditions and requirements of this RFP.

4. The Town shall not be liable for any costs incurred by the proposer in the preparation and production of the proposal, contract negotiations or for any work performed prior to the execution of a contract.

5. All proposals and other materials submitted shall become the property of the Town.

6. The successful proposer shall be required to enter into a written contract with the Town in a form approved by the Town Attorney. In the event of any conflict between this RFP and the contract, the terms and conditions of the contract shall control.

7.

The Town reserves the right to conduct discussions with proposers, to accept revisions of proposals, and to negotiate price changes at the sole discretion of the Town Clerk. During this discussion period, the Town will not disclose any information regarding proposal submittals. The Town reserves the right to ask for the "Best and Final Offer." Upon the execution of the contract(s), the proposals will become public record and contents may be disclosed upon request.

8. The successful proposer shall be required to indemnify and hold the Town and its agents and employees harmless from and against all suits or actions of any kind, including workers’ compensation claims, brought against them for or on account of any damages or injuries received or sustained by any parties, by or from any acts of the successful proposer or its agents or employees in fulfilling its contractual duties to the Town.

9. The successful proposer shall have their insurance company send the Town Clerk a currently in-force Certificate of Insurance which indicates that insurance coverage has been obtained, including professional liability, which meets the minimum requirements as are required by Colorado law for work performed by the proposer and other insurance requirements as may be set forth in the written contract with the Town.

10.

The successful proposer shall comply with all applicable federal, state, and local laws, regulations, administrative rulings, and codes, and shall secure all necessary licenses and permits in connection with this RFP and any goods or services to be provided hereunder.

11.

By submission of the proposal, the proposer certifies that the proposal has been arrived at independently and submitted without collusion with any other proposer, and that the contents of the proposal have not been communicated by the proposer, or to the proposer’s best knowledge and belief, by any one of its employees or agents, to any person not an employee or agent of the proposer, and will not be communicated to any person prior to the official opening of the proposals.

12.

The Town is exempt from sales, use, and excise taxes. Certification of tax exemption will be issued to the proposer upon request. Any appropriate taxes shall be shown as a separate item in the proposal.

SCOPE OF WORK

· Review Existing Plans, Specifications, and Documents

· Issue Request for Information (RFI) to the Town for additional information

· Meetings with Town to address RFIs

· Review Seepage Analysis/Permit Narratives and compare to CDPHE seepage allowance

· Lagoon Liner 1 Design

· Produce Scope of Work per CDPHE design criteria for construction of liner replacement

· Analyze and propose options for venting/off-gassing to prevent whaling issues

· Produce Construction Drawings and Specifications

· Produce submittal documents per CDPHE In-Kind Replacement requirements

· Meetings with CDPHE or Town to complete CDPHE Design Application, Permitting and Approvals

· Develop Scope of Work for Construction Solicitation

· Develop a Request for Proposal (RFP) for Construction of the liner replacement. Construction RFP award will be a contingent on a grant award or execution of a loan.

· Meetings with the Town to produce the RFP

· Pre-Bid meeting attendance

· Coordinate bid opening, participate in bid selection process, and formal engineer’s recommendation of selection