City of Hays, Kansas Wastewater · PDF fileCity of Hays, Kansas Wastewater Treatment ... Two section of the Progressive Design-Build Contract will be executed on ... Design-Builder

City of Hays, Kansas

Wastewater Treatment Plant

Design‐Build Procurement

Request for Qualifications

For the Hays Wastewater Treatment Plant Upgrade and Expansion Project

(This Page Intentionally Left Blank)

Step One: REQUEST FOR QUALIFICATIONS

City of Hays, Kansas Project Number: 2014-28 July 27, 2015

Request for Qualifications i

Table of Contents

1 Background ......................................................................... 1

1.1 Introduction ................................................................................................................................ 1

1.2 RFQ Organization ..................................................................................................................... 1

1.3 Owner’s Objectives................................................................................................................... 2

2 Project Overview ................................................................ 4

2.1 Project Scope ............................................................................................................................ 4

2.2 Project Budget and Funding ................................................................................................... 4

2.3 Project Schedule ....................................................................................................................... 4

3 Progressive Design-Build Services .................................. 5

3.1 General ....................................................................................................................................... 5

3.2 Roles and Responsibilities ...................................................................................................... 6

4 Procurement Process ........................................................ 7

4.1 Acknowledgement of RFQ ...................................................................................................... 7

4.2 Communications and Owner Contact .................................................................................... 7

4.3 Procurement Schedule ............................................................................................................ 8

4.4 Pre-Submittal Meeting and Site Tour .................................................................................... 8

5 SOQ Submission Requirements ....................................... 9

5.1 Submittal Place and Deadline ................................................................................................. 9

5.2 Submission Format................................................................................................................... 9

5.3 Submission Content ................................................................................................................. 9

5.3.1 Transmittal Letter .............................................................................................. 10

5.3.2 Part 1 – Executive Summary ..................................................................................... 10

5.3.3 Part 2 – Respondent Profile ...................................................................................... 10

5.3.4 Part 3 – Project Team ................................................................................................. 13

5.3.5 Part 4 – Experience .................................................................................................... 14

6 SOQ Evaluation and Selection ........................................ 16

6.1 General ..................................................................................................................................... 16

6.2 Responsiveness ...................................................................................................................... 16



Request for Qualifications ii

6.3 Minimum Qualification Requirements .................................................................................. 16

6.4 Comparative Evaluation Criteria ............................................................................................ 17

6.5 Selection of Short List ............................................................................................................. 18

7 Conditions for Respondents............................................ 19

7.1 Owner Authority ....................................................................................................................... 19

7.2 Ineligible Firms and Individuals ............................................................................................ 19

7.3 Conflict of Interest ................................................................................................................... 19

7.4 Proprietary Information .......................................................................................................... 19

7.5 Rights of the Owner ................................................................................................................ 19

7.6 Obligation to Keep Project Team Intact .............................................................................. 20

7.7 Addenda ................................................................................................................................... 20

7.8 Protests .................................................................................................................................... 21

Attachments:

Attachment A Definition of Terms

Attachment B Scope of Design-Builder Services

Attachment C Project Background Documents

Attachment D Project Technical Requirements

Attachment E Forms for Affirmation of Compliance



Request for Qualifications 1

1 Background

1.1 Introduction

This request for qualifications (RFQ) for the Hays Wastewater Treatment Plant Upgrade and Expansion Project invites statements of qualifications (SOQs) according to the requirements set forth in this RFQ, including the format and content guidelines in Section 5. The SOQs will be reviewed and evaluated to generate a short list of up to three Respondents, as described in Section 6, that will then be invited to submit Proposals. 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 phases using the progressive design-build delivery method:

Phase One: Prepare design to 90% complete, as defined in Attachment B (Scope of Design-Builder Services), and a guaranteed maximum price (GMP) proposal.

Phase Two: Complete design, construction and post-construction tasks, including performance testing, startup commissioning and operator training and support (if the GMP is approved by the Owner in Phase One).

At completion of the SOQ evaluation process, The City of Hays Kansas (Owner) intends to issue a request for proposals (RFP) to the short-listed Respondents.

This RFQ is subject to revision after the date of issuance via written addenda. Any such addenda will be posted on the Owner’s web site. 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 RFQ Organization

This RFQ consists of seven Sections and six 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: Scope of Design-Builder Services




Attachment C: Project Background Documents

Attachment D: Project Technical Requirements

Attachment E: Forms for Affirmation of Compliance

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

A project background Figure is being made available as Attachment C (Project Background Documents) for the purpose of preparing SOQs. The Owner is providing this document only for the purpose of assisting potential Respondents in the preparation of SOQs for the Project and does not confer a license or grant for any other use. Owner makes no representations of the completeness or accuracy of the background document provided.

1.3 Owner’s Objectives

The Owner’s objectives for delivery of the Project are as follows:

Single Point of Accountability: To have the Design-Builder provide the Owner with a single point of contract accountability for design, construction and performance activities. The single point of contact is responsible for providing the Owner with complete resolutions to design and construction issues that may arise.

Quality Design and Construction: Provide treatment facilities and equipment that will be sustainable and will reliably produce treated effluent in full compliance with federal and state regulations and contractual standards as set forth in Attachment D (Project Technical Requirements).

Guaranteed Project Cost: Design and construction of the project at an agreed price within the Owner’s budget.

Ability to Meet the Project Schedule: Achieve the scheduled completion date of December 31, 2017 for design, construction and performance testing of the Project.

Minimizing Risk for Change Orders: Achieve an optimal balance of risk allocation between the Owner and the Design-Builder and manage the risk to reduce the likelihood of change orders.

Competitive Bidding of Qualified Subcontractors and Equipment Suppliers: To have the ability to reject Subcontractors and Equipment Vendors bids based on cost or non-cost factors.

Selection of Qualified Design-Builders: Selection of an experienced Design-Build firm that understands the Owner’s objectives, has experience in the design-build marketplace, and can design and construct the project to or under budget.

Collaboration with Design Elements: Review and participate with Design-Builder’s selection of design elements that will minimize overall future operation concerns and maintenance costs.




Innovative Solutions: Opportunities for Design-Builders to provide innovative solutions for accelerated project scheduling, maximum cost control, improved constructability and minimization of operations and maintenance costs.

By selecting the progressive design-build delivery method for the Project, the Owner is committed to working in close collaboration with the Design-Builder during Phase One to begin development of the Project’s design to achieve the Project objectives and to obtain a mutually-agreeable GMP for delivery of the Project. As set forth in Attachment D (Project Technical Requirements), the Owner has certain technical requirements and standards that will apply to the Project’s design. The Technical Project Requirements provided in Appendix D are preliminary in nature. The RFP will provide more detailed project technical requirements.




2 Project Overview

2.1 Project Scope

The Project scope, design standards and performance requirements are described in more detail in Attachment D (Project Technical Requirements).

2.2 Project Budget and Funding

The cost for design and construction of the Project is currently budgeted at $27.6 million. This budget is fixed for the project and the selected Design-Builder shall be expected to deliver the project for the indicated amount, or less. Such budget does not include Owner’s other Project costs, such as professional advisory services, property or access rights, limited geotechnical investigations, environmental studies, certain limited governmental approvals, taxes, financing costs, interest during construction, Owner’s Representation services, etc. The Owner intends to fund the project through the Kansas Water Pollution Control Revolving Fund Program (SRF).

2.3 Project Schedule

It is anticipated that the Phase One section of the Progressive Design-Build Contract will be executed on or about December 23, 2015. As indicated in Section 4, it is anticipated that the Phase Two section of the Progressive Design-Build Contract will be executed on or about April 15, 2016. The design, permitting, construction and performance testing of the completed Project are expected to be substantially complete no later than December 31, 2017 with final completion in March, 2018.




3 Progressive Design-Build Services

3.1 General

As noted in Section 1 and more fully described in Attachment B (Scope of Design-Builder Services), the Design-Builder will provide services in two distinct phases.

Phase One services generally consist of preliminary engineering, geotechnical investigations and design development, as well as preparation, in close collaboration with the Owner, of a proposed price and schedule. The proposed price and schedule include the Project’s design (developed to the Owner’s required level of completion), a Guaranteed Maximum Price (GMP), Project schedule, and supporting documentation, such as detailed open-book costing for the GMP. Phase Two services generally encompass completing the Project’s design and undertaking construction and performance testing. Permitting activities are included in each Phase.

Phase One services in general, shall include:

Develop the Project execution plan, including Project schedule.

Produce the basis-of-design report.

Develop the engineering design (including preparing and submitting intermediate design review packages) and value-engineering activities in collaboration with Owner.

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

Submit and negotiate a GMP price to complete the Phase Two services.

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

Identify Project permitting requirements and initiate certain permitting activities.

Phase Two services, in general, shall include:

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

Owner: Owner responsibilities include:

Review submissions and provide comments to Design-Builder.

Furnish existing studies and provide data and information regarding the Project, including record drawings of the WWTP that are available, preliminary studies, and the August 2015 Facility Plan for the proposed project.

Provide funding equal to the mutually-agreed to Contract Price.

Provide access to the Project site and any necessary easements.

Obtain the governmental approvals and permit (discharge permit, etc.) Owner is responsible for, and assist Design-Builder in obtaining governmental approvals and permits Design-Builder is responsible for.

Provide necessary data (e.g., wastewater influent characteristics, effluent permit limits, etc.) to support Project start-up and performance testing.

Design-Builder: The Design-Builder will cooperate with the Owner and will provide in accordance with the Contract Documents the Phase One and Phase Two services necessary to complete the Project scope specified in this RFQ. Design-Builder responsibilities include, but are not limited to:

Implement Project health and safety practices.

Prepare design and construction documents.

Supervise subcontractors and Design-Builder personnel.

Obtain governmental approvals and permits.

Maintain site security.

Conduct, and be responsible for performance testing.

Implement quality-management procedures.

Be responsible for warranty management and completion.




4 Procurement Process

4.1 Acknowledgement of RFQ

Each Respondent should provide the Owner, by August 13, 2015, 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 Owner Contact.

4.2 Communications and Owner Contact

On behalf of the Owner, Stan Christopher with HDR Engineering, Inc. will act as the sole point of contact for this RFQ and shall administer the RFQ process. All communications shall be submitted in writing, by fax or by email, and shall specifically reference this RFQ. All questions or comments should be directed to the Owner Contact as follows:

Stan Christopher, PE Owner’s Representative HDR Engineering Inc. 3741 NE Troon Drive Lee’s Summit, MO 64064 Email: [email protected] Phone: (816) 347-1113 Fax: (816) 347-1198

No oral communications from the Owner Contact or other individual shall be binding. No contact with Owner staff, commission members, or any public official concerning the Project during the procurement process is permitted, other than at the pre-submittal meeting and site tour. A violation of this provision may result in disqualification of Respondent.




4.3 Procurement Schedule

The current procurement schedule is as follows:

Post RFQ July 27, 2015

Pre-submittal meeting and site tour August 4, 2015

Deadline for questions and RFQ acknowledgment August 13, 2015

Deadline for Submission of Qualifications September 1, 2015; 3:00 p.m.

SOQ evaluation/short list September 11, 2015

Issue RFP September 14, 2015

Conduct proprietary meetings October 10, 2015

Deadline for Submission of Proposals November 3, 2015; 3:00 p.m.

Interviews November 18, 2015

Award of Contract December 11, 2015

Execution of Contract December 23, 2015

4.4 Pre-Submittal Meeting and Site Tour

Owner will conduct a pre-submittal meeting for those intending to respond to the RFQ. Attendance at this meeting is mandatory. The meeting will be held at City Hall on August 4, 2015 starting at 12:00 pm. At this meeting, Owner 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 the Owner Contact by July 31, 2015 of the names of individuals who will attend the pre-submittal meeting. Due to space constraints, each firm is limited to two attendees at the meeting and site tour.




5 SOQ Submission Requirements

5.1 Submittal Place and Deadline

Twelve paper documents (one original and 11 copies), as well as two electronic versions of the SOQ on CD-ROMs in PDF format, must be received no later than 3:00 pm on Tuesday September 1, 2015, addressed to:

Brenda Kitchen City Clerk 1507 Main Street

Hays, KS 67601

Each Respondent assumes full responsibility for timely delivery of its SOQ at the required location. Any SOQ received after the submittal deadline will be deemed nonresponsive and returned. The delivered packaging containing the SOQ documents must note “SOQ Enclosed” on its face.

5.2 Submission Format

The SOQ must not exceed 20 total pages (most or all 8½ x 11 inch 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 2 of the total pages may be 11 x 17-inch tri-fold format and each page is counted as two 8½ x 11 inch pages. Twelve-point font or larger must be used in SOQ Parts 1–4.

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 – Management Approach to Innovation, and Conformance with Owner Budget and Schedules.

Appendix A – Forms for Affirmation of Compliance

Appendix B – Resumes

Appendix C – Financial Statements

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 the Owner. Such letter may include other information deemed relevant by the Respondent. The transmittal letter must refer to SOQ Appendix A (Forms for Affirmation of Compliance), based on the forms in RFQ Attachment E (Forms for Affirmation of Compliance).

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 – Respondent Profile

A detailed and complete description of the Respondent’s proposed company must be provided in Part 2 of the SOQ. (The term “company” can refer to either a single entity including a Prime/Sub, Integrated Design-Builder or a joint venture.) Information concerning Key Personnel and other firms that may be included on the Respondent’s Project Team, such as subconsultants and subcontractors, should be provided in Part 3 of the SOQ.




The Respondent’s Profile must include the following information:

General Provide general information about the Respondent, 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 Respondent is organized as a corporation, limited liability company (LLC), general partnership, joint venture, limited partnership, or other form of legal entity. As applicable, identify the owners of the Respondent’s Firm (e.g., shareholders, members, partners, and the like) who hold an interest of ten percent or more.

Project Office Location Identify where the Respondent 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 Respondent for the past three years and quarterly financial statements, certified by the chief financial officer, for the current year. If the Respondent 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 Respondent’s surety must be provided to verify the availability of performance and payment bonds of at least $ 27.6 million for this Project. The surety must be authorized by law to do business in Kansas and must have an A.M. Best Company Rating of “A” or better. The surety must also be listed in the U.S. Department of Treasury’s Circular 570. The Respondent must provide a letter from the bonding surety indicating that the Respondent is capable of meeting the bonding and insurance requirements. The template for this letter can be found in Appendix E.




Insurance

A letter or specimen 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: $1,000,000 million

Commercial general liability insurance: $1,000,000 million per occurrence; $2,000,000 million annual aggregate

Commercial automobile liability insurance: $1,000,000 million combined single limit for bodily injury and property damage

Excess liability insurance above the employer’s, general and automobile insurance: $4,000,000 million

Professional liability (errors and omissions): $5,000,000 million each occurrence

and in the aggregate

The required insurance must be obtained and maintained from insurance companies that have an A.M. Best Rating of “A” or better and are duly licensed or authorized in Kansas. Builder’s Risk insurance for the project will be provided by the Owner.

The SOQ must provide the following additional information pertaining to factors or events that have the potential to adversely impact the Respondent’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, that could adversely affect the financial position or ability to perform contractual commitments to Owner. If no such proceedings or judgments are listed, provide a sworn statement to that effect from Respondent’s legal counsel. (Attachment E)

Completion of contracts. Has the Respondent failed to complete any contract, or has any contract been terminated due to alleged poor performance or default within the past 10 years? If so, describe the circumstances.




Violation of laws. Has the Respondent 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 no, provide a sworn statement to that effect from Respondent’s legal counsel (Attachment E). If so, describe the circumstances.

Debarred from bidding. Has the Respondent been debarred within the past 10 years, or is it under consideration for debarment, on public contracts by the federal government or by any state? 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 Respondent’s ability to perform its contractual commitments.

The Respondent must notify the Owner 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. Respondent/other firms:

Identify any other firms (such as subcontractors and subconsultants) included on the Project Team along with the Respondent and describe the scope of the Respondent and each firm’s services and responsibilities during Phase One and Phase Two of the Project.

Identify the Respondents Design Professional firm and describe their experience with similar wastewater projects, experience with design-build delivery, depth of resources available for this project and professional licensure. Provide sworn statement of licensure necessary to perform design and construction work in the State of Kansas (Attachment E).

Provide Phase One and Phase Two organizational charts showing the reporting relationships and responsibilities of the Respondent and any other firms, and describe the Respondent’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 Phase One and Phase Two of the Project.




Provide Phase One and Phase Two organizational charts showing the reporting relationships and responsibilities of all Key Personnel (along with their firm affiliations) and describe the Respondent’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 shall require Owner 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 current information concerning safety. Reference Projects

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




6 SOQ Evaluation and Selection

6.1 General

The SOQs will be reviewed and evaluated by the Owner’s selection committee (with assistance provided by outside advisors if desired by Owner) 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, the Owner 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 bond. Ability of the Design-Builder to provide a design-build performance bond in the amount of $27.6 million. At a minimum, the Respondent must provide a letter from the bonding surety indicating that the Respondent is capable of meeting the bonding and insurance requirements.

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 bonds or insurance, or to maintain sufficient financial strength to undertake and successfully complete the Project and to mitigate/absorb Project risks.




Licensing and registration. The Respondent and each firm must be licensed in Kansas for the type of work to be performed. The Respondent’s Designer must include in responsible charge an engineer registered in Kansas, and each engineer and architect that is identified in a discipline or task lead must be registered in Kansas.

Design experience. Within the past 15 years, the Respondent’s Designer must have successfully completed the design of at least five (5) Wastewater Treatment Facility projects for municipal clients in the United States of a similar size and complexity as the City of Hays project.

Construction experience. Within the past 15 years, the Respondent’s Builder must have successfully completed the construction of at least five (5) Wastewater Treatment Facility projects for municipal clients in the United States of a similar size and complexity as the City of Hays project.

Design-build experience. Within the past 15 years, the Respondent must have successfully completed at least three (3) Water or Wastewater Utility Infrastructure projects for municipal clients in the United States of a similar size and complexity as the City of Hays project utilizing design-build procurement.

Safety record. The Respondent’s Builder must have achieved an experience modification rate (EMR) of not greater than 0.85 for the current and past two years.

6.4 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 to generate a short list of no more than three Proposers. Financial condition is evaluated on a pass/fail basis as part of the Minimum Qualification Requirements.




Qualification Requirements Scoring

Respondent’s experience and capabilities: 35% o Working together on similar projects; o Providing similar services for new or upgraded WWTP’s; o With permitting requirements in the State of Kansas for water/wastewater utilities.

Respondent’s Team including: 35% o Organizational structure; o Qualifications, experience and abilities of key individuals.

Respondent’s project management approach: 30% o To budget and schedule conformance on Progressive Design-Build projects; o Design enhancement and value engineering to improve constructability, operability

and maintainability.

Financial strength of the Respondent including: Pass/Fail o Current Bonding capacity and current available capacity, o Insurance, o Tangible net worth/ capitalization, o Material adverse conditions.

Safety record, including the EMR for the last 5 years Pass/Fail

Legal/Litigation History for the last 10 years Pass/Fail

Licensing and Registration in the State of Kansas Pass/Fail

Current and future workload for all team members Pass/Fail

Principal office location, relative to the City of Hays, where work will be performed Pass/Fail

Respondent’s responsiveness to the RFQ Pass/Fail

Demonstration of experience with MBE/WBE and SRF loan requirements Pass/Pail

6.5 Selection of Short List

After the evaluation process is complete, the Owner will notify Respondents of the rankings. Three Respondents will be selected for inclusion in the short list for receipt of the RFP.




7 Conditions for Respondents

7.1 Owner Authority

Owner is a Municipality in the State of Kansas created under Kansas state law. The procurement process for this Project is authorized under The City of Hays’ Purchasing Policy.

7.2 Ineligible Firms and Individuals

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

HDR Engineering, Inc.

HDR Constructors, Inc.

7.3 Conflict of Interest

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

7.4 Proprietary Information

All materials submitted to the Owner become public property and are subject to the City of Hay’s Policies. If the SOQ contains proprietary information that the Respondent does not want disclosed, each page containing such information must be identified and marked “PROPRIETARY” at the time of submittal. Owner will, to the extent provided by law, maintain the confidentiality of and endeavor to protect such information from disclosure. The final decision as to what information must be disclosed, however, lies with the Owner. Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. Respondents shall not be permitted to mark the entire SOQ as proprietary.

7.5 Rights of the Owner

In connection with this procurement process, including the receipt and evaluation of SOQs and development of the short list, Owner reserves to itself (at its sole discretion) all rights available to it




under applicable law, including without limitation, with or without cause and with or without notice, the right to:

Cancel, withdraw, postpone, or extend this 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

Allow 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 the Owner

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 the its SOQ

7.6 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 RFQ.) If extraordinary circumstances require a change, it must be submitted in writing to the Owner 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.

7.7 Addenda

If any revisions to the RFQ or procurement process become necessary or desirable (at the Owner’s sole discretion), the Owner may issue written addenda. The Owner will transmit addenda to potential Respondents who have notified the Owner that they are a potential Respondent.




The Owner will post all addenda on the Owner Project website at the following address: www.haysusa.com/html/public_announcments.html/#bids. It is Respondent’s responsibility to obtain all addenda prior to submitting their SOQ.

7.8 Protests

Any protest to an Owner’s action in connection with this procurement must be filed in writing no later than 10 business days following such action and must be in strict accordance with the Owner’s applicable procedures and with applicable law.



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 subconsultant 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 the Owner and that will be the single point of accountability to the Owner for delivering the services and 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: Design-Build project manager, safety manager, design manager, lead discipline engineers, construction manager, QA/QC manager, lead estimator, procurement manager, lead scheduler, and commissioning and start manager.

Material – As it relates to financial condition, is defined as a severe decline in profitability and/or the possibility that the Respondent business operations and/or financial position may be seriously compromised. Minimum Qualification Requirements – The requirements set forth in Subsection 6.3 of this RFQ that, at a minimum, must be satisfied (or waived by the Owner) in order for the SOQ to be evaluated and ranked according to the comparative evaluation criteria.

Owner – City of Hays, Kansas Project – Hays Wastewater Treatment Plant Upgrade and Expansion Project

Project Team – The Design-Builder, Key Personnel and any additional firms (such as subcontractors and subconsultants) included in the SOQ.

Respondent – The entity responding to this RFQ by submitting their SOQ.



Attachment B

Scope of Design-Builder Services

Listed below are typical services the Design-Builder will be expected to be able to perform for the project and are provided to allow Respondents to the RFQ to evaluate their qualifications for the work to be performed. A more specific set of services for each phase will be provided during the proposal phase of the procurement. Phase One (Preconstruction) Services will generally include:

1. Provide Key Personnel and all other associated personnel necessary to fully meet the Design-Builder obligations for Preconstruction Phase Services;

2. Design-Builder shall provide a 90% Design Package with intermediate Design Packages at the 30% and 60% design milestone;

3. Consult with, advise and provide recommendations to the Owner on all aspects of the planning, permitting, design, and proposed construction;

4. Incorporate City Operations and Maintenance staff input into the design and construction of the Project;

5. Provide Key Personnel to attend review workshops at design review milestones; 6. With City Staff, perform on-going value engineering reviews to minimize project cost and

maximize operational flexibility and maintainability; 7. Identify, evaluate and propose innovative solutions/alternatives to minimize project cost and

schedule; 8. Develop and implement a cost model which is used to confirm compliance with the project scope

and budget as the design is being advanced; 9. Prepare and maintain a Critical Path Method schedule for the preconstruction, construction and

start-up and commissioning phases of the project; 10. Prepare and submit monthly project planning and scheduling reports to show conformance with

the project schedule; 11. Identify long-lead equipment procurement needs; 12. Develop a Procurement and Buyout plan which maximizes competitive bidding by subcontractors,

equipment vendors and suppliers; 13. Prepare a detailed Guaranteed Maximum Price (GMP) proposal (including line item cost

breakdowns with conditions, assumptions, and contingency) to be presented and negotiated in an open book manner with the Owner;

14. Develop a construction emergency response plan; 15. Prepare and submit a construction site safety plan; 16. Develop, implement and maintain a quality management plan that assures conformance with the

project specifications and the surveillance of construction to ensure error-free work; 17. Provide an environmental management plan detailing programs to ensure compliance with

permits and regulations applicable to the Project; 18. Lead monthly progress meetings on site; 19. Participate in one Project kick off meeting for Preconstruction Phase Services.



Phase 2 (Construction) Services will generally include the following:

1. Under the relevant state laws, solicit and publicly conduct trade contractor or subcontractor bidding and proposals for all major elements of the construction work estimated at greater than $15,000, and for material suppliers for the Project, unless incorporated above or otherwise exempted;

2. Prepare the Bids/Proposals packages for the elements of the Work which must incorporate the requirements of the Contract;

3. Develop and submit recommendations for the award of the subcontracts to construct the Project; 4. Participate in one Project kick off meeting for Construction Phase Services; 5. Perform construction of the Work in strict accordance with all applicable Contract Documents; 6. Coordinate and manage the Work that includes all required appurtenances, necessary site

improvements, and all other work required to make a complete and operable system within the Guaranteed Maximum Price and within the allowable contract time;

7. Coordinate with various local and state agencies, as necessary; 8. Provide Performance Bond and Payment Bond (s) as required by contract; 9. Implement the construction site safety plan to provide a safe working site for the Project, maintain,

update and implement as needed the emergency response plan; 10. Conduct a pre-construction meeting with all the contractors and sub-contractors performing major

elements of the work prior to the start of their work activities; 11. Obtain all necessary construction permits; 12. Establish and implement procedures to track, expedite and process all submittals, change orders,

and requests for information; 13. Maintain, monitor and update the Critical Path Method schedule prepared during the

preconstruction phase and prepare three week look ahead work schedules consistent with the overall schedule;

14. Conduct monthly progress meetings with the Owner staff and provide written monthly progress report and updated schedule;

15. Maintain current hard copies of Project record drawings, including all subcontracted work, and submit monthly in hard copy, PDF and electronic format;

16. Develop, implement and manage a commissioning, start-up and testing plan suitable for Project acceptance and use;

17. Develop and submit Operation and Maintenance Manuals; 18. Supervise and manage the warranties provided to the Owner for the equipment and construction

work; and perform warranty work during the warranty period; 19. Implement close out procedures and provide lien waivers from all subcontractors and material

suppliers.



Attachment C

Project Background Documents

TRICKLING

FILTER NO. 4

TRICKLING

FILTER NO. 3

FINAL

CLARIFIER

NO. 2

FILTER/SLUDGE

THICKENING BLDG.SLUDGE

DRYING BEDS

RWSB

NO. 1

RWSB

NO. 2

ANAEROBIC

DIGESTERS

PRIMARY

CLARIFIER

NO. 1

PRIMARY

CLARIFIER

NO. 2

PUMP

STATION

LAB

BLDG.

BLOWER

BLDG.

ACTIVATED SLUDGE BASIN

MAINT.

BLDG.

O

L

D

4

0

H

W

Y

B

Y

P

A

S

S

MIL

ITA

RY

RE

SV

RO

AD

G

E

N

E

R

A

L

C

U

S

T

E

R

R

O

A

D

BIOSOLIDS

DEWATERING

BLDG.

RAS/WAS

BLDG.

FINAL

CLARIFIER

NO. 1

ACTIVE

WELL

INACTIVE

WELL

PLANT

OUTFALL

100 YEAR FLOOD

LEVEL = 978 FEET

100 FT RADIUS

FROM WELL

EXISTING

PROPERTY LINE

LIMITS OF PROPOSED

FUTURE UPGRADES

LIMITS OF PROPOSED

FUTURE UPGRADES

CENTERLINE OF

CHETOLAH CREEK

107' O

F

F

S

E

T


Wastewater Treatment

Plant Improvements

1

A

B

C

2 3 4 5 6 7 8

D

ISSUE DATE DESCRIPTION

PROJECT MANAGER

PROJECT NUMBER

0 1" 2"

FILENAME

SCALE

SHEET

00C007A

HDR

3741 NE TROON DRIVE

LEE'S SUMMIT, MO 64064

816-347-1100

MISSOURI CERTIFICATE OF

AUTHORITY #: 000856

CIVIL

STRUCTURAL

ELECTRICAL

SITE PLAN

PROPOSED SITE EXPANSION AREA



Attachment D

Project Technical Requirements

Project Description

The City of Hays (Owner) owns and operates the Hays wastewater treatment plant (WWTP) located in the City of Hays, Kansas. The WWTP has a permitted design capacity of 2.8 MGD and is operated as an activated sludge plant to achieve biochemical oxygen demand (BOD), total suspended solids (TSS) and ammonia removal. The current average annual flow rate for the WWTP is approximately 1.7 MGD. Treated effluent is discharged to either or a combination of the following locations:

Receiving stream, Chetolah Creek which is tributary to Big Creek Effluent reclaimed water system that provides for non-restricted irrigation uses

The existing WWTP liquids process consists of the following unit processes:

Preliminary treatment which includes automatic coarse screening and grit removal Dry-pit influent pump station Primary clarification Biological treatment through two parallel activated sludge basins each with a dedicated anoxic

zone and fine bubble aeration zone Final clarification and return activated sludge (RAS) and waste activated sludge (WAS)

pumping Tertiary filtration consisting of two parallel shallow bed dual media granular filters Gaseous chlorination, contact tank and dechlorination. Effluent reclaimed water storage basin

The existing WWTP solids process consists of the following unit processes:

Anaerobic digestion through primary and secondary digesters Land disposal of thickened or dewatered biosolids

The purpose of the Project is to address the Owner’s current National Pollutant Discharge Elimination System (NPDES) permit limits as listed in the following table.



Current Effluent Requirements Based on Kansas Permit No. M-SH16-002, May 28, 2014

Wastewater Effluent Limitation

Discharging to Chetolah Creek

Parameter Averaging Period

Maximum Concentration

Time of the Year

BOD, mg/L Weekly 40 January through February

Monthly 25

Weekly 30 March through October

Monthly 20

Weekly 40 November through December

Monthly 25

Total Suspended solids, mg/L

Weekly 45 All times

Monthly 30

Ammonia as nitrogen, mg/L

Monthly 12.7 January through February

Monthly 7.2 March through April

Monthly 5.2 May

Monthly 4.5 June through July

Monthly 4.2 August

Monthly 6.1 September

Monthly 7.7 October

Monthly 13.1 November through December

Fecal coliform colonies/100 milliliter (ml)

Weekly 4348 April through October

Monthly 262

Monthly 2358 November through March

Total Residual Chlorine, /L Daily 14 All times

Minimum dissolved oxygen, mg/L Daily 5

All times

Nitrate, mg/L Monthly 10 All times

Total Phosphorus lbs/day Annual 35.1 All times

Total Nitrate + Nitrite lbs/day Annual 187

All times



The permit associated with the proposed upgrades to the City’s WWTP will, at a minimum, have the following additional requirements:

0 to 5 years, Effluent Ammonia Reductions: Future effluent ammonia concentrations will be reduced. Following are the limits calculated by KDHE based on their anticipated revised ammonia criteria:

The permitted design capacity of the WWTP will be reduced to 2.5 MGD. The proposed Project may include the design and construction of the following improvements to be delivered utilizing the Progressive Design Build Project Delivery method:

New influent pump station utilizing submersible style pumps with influent trash basket. New headworks facility consisting of fine screening and washer/compactor equipment as well

as grit removal equipment. Fine screening equipment scope will vary based upon activated sludge process selected by Design/Builder and the City.

Ammonia (as N) – mg/L

January - February Daily Max 8.97 Avg Month 2.18

March Daily Max 8.56 Avg Month 1.70

April Daily Max 6.73 Avg Month 1.40

May Daily Max 4.06 Avg Month 0.93

June Daily Max 3.22 Avg Month 0.77

July Daily Max 2.86 Avg Month 0.70

August Daily Max 2.91 Avg Month 0.71

September Daily Max 4.63 Avg Month 1.04

October Daily Max 8.01 Avg Month 1.61

November - December Daily Max 8.97 Avg Month 2.18



New activated sludge basins consisting of a minimum of two parallel trains. Treatment system alternatives that may be considered by Design/Builders shall consist of conventional activated sludge systems as well as membrane bioreactor (MBR) system.

New secondary clarification consisting of two basins if conventional activated sludge is selected.

Modifications to existing RAS/WAS pump station to include new pumping equipment and miscellaneous facility improvements if conventional activated sludge is selected.

Modifications to existing granular media tertiary filters to include new filtration equipment and miscellaneous facility improvements if conventional activated sludge is selected.

Modifications to existing intermediate pump station to include new pumping equipment and miscellaneous facility improvements to pump filtered effluent through UV disinfection. Inclusion of this unit process will be required if the activated sludge process is selected.

New UV disinfection system to provide disinfection of effluent directed to receiving stream as well as effluent reclaimed water system plus liquid hypochlorite.

New effluent reaeration structure. Modifications to existing trickling filter structure(s) to provide for storage of effluent reclaimed

water. Modifications to existing activated sludge basins to convert to repurposed aerobic digestion

basins with new coarse bubble diffused aeration system. Modifications to existing dewatering building to include new dewatering equipment of screw

press or centrifuge type with associated pumping and polymer feed equipment. Modifications to existing dissolved air flotation (DAF) thickening building to convert to

administration and laboratory space. Improvements to existing electricity source and backup generator system to provide required

power supply and 100% backup during power supply outage.

The following additional project improvements may be considered for inclusion in the Project:

Modifications to existing primary anaerobic digester to convert to sludge day tank for solids dewatering process

Odor control system to serve the new headworks facility and dewatering building Modifications to the existing dewatered cake storage beds to provide covered storage

A site plan of the existing WWTP and the proposed site expansion area is included in Attachment C.



Attachment E

Forms for Affirmation of Compliance

Kansas Act Against Discrimination

Design-Builders on this work including general contractors, sub-contractors or vendors, will be required to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et. Seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-111 et. Seq.).

Anti-Lobbying Act

All contracts and subcontracts exceeding $100,000, at any tier under a KPWSLF Loan Agreement shall comply with the Anti-Lobbying Act, Section 319 of Public Law 101-121, and file an Anti-Lobbying Certification form, and the Disclosure of Lobbying Activities form, if required, to the next tier above. Davis-Bacon Act

The project is subject to the requirements of the Davis-Bacon Act. The Design-Builder is required to comply with wage and labor provisions and to pay minimum wages in accordance with the schedule of wage rates established by the United States Department of Labor. MBE/ WBE/ DBE Participation

The project is subject to the requirements of 49 CFR Part 26 Disadvantaged Business Enterprise Participation. The project will be funded by State Revolving Funds (SRF), so Respondent’s shall exhibit a good faith effort to include the participation of small businesses owned and controlled by qualified disadvantageous business enterprises (DBE). The bidder shall make and document these good faith efforts, as defined in Appendix A of 49 CFR Part 26, to meet the established goal.

CITY OF HAYS, KANSAS WASTEWATER TREATMENT PLANT DESIGN-BUILD PROCUREMENT

QUALIFICATIONS PACKAGE AFFIDAVIT OF NO LEGAL PROCEEDING OR JUDGEMENTS

Insert Addressee Information The undersigned hereby certifies that, the undersigned firm has no legal proceeding and judgments or any contingent liability within the past 10 years, that could adversely affect the firms ability to perform the contractual and financial commitments to the Owner for the above listed project. Dated: _________________ By: ___________________________________________________________ (Signature of Respondent’s Authorized Representative) By: ___________________________________________________________ (Printed Name of Respondent’s Authorized Representative) Title: __________________________________________________________ (Title of Respondent’s Authorized Representative) For: ___________________________________________________________ (Respondent’s Corporate Identity) _______________________________ (Notary Public) State of ________________________ County of ______________________ On this __________ day of ____________________, 20____, before me appeared ____________________, personally known to me to be the person described in and who executed this ____________________ and acknowledged that (she/he) signed the same freely and voluntarily for the uses and purposed therein described. In witness thereof, I have hereunto set my hand and affixed my official seal the day and year last written above. ____________________________________________________ Notary Public in and for the state of _______________ ____________________________________________________ (Printed Name)

CITY OF HAYS, KANSAS

WASTEWATER TREATMENT PLANT DESIGN‐BUILD PROCUREMENT

QUALIFICATIONS PACKAGE

AFFIDAVIT OF NO FRAUD OR FELONY CONVICTION

Insert

Addressee

Information

The undersigned hereby certifies that, no officer of the undersigned firm nor officer of any affiliates of the

undersigned firm have ever been convicted of fraud or a felony by any federal or state court.

Dated: _________________ By: ___________________________________________________________

(Signature of Respondent’s Authorized Representative)

By: ___________________________________________________________

(Printed Name of Respondent’s Authorized Representative)

Title: __________________________________________________________

(Title of Respondent’s Authorized Representative)

For: ___________________________________________________________

(Respondent’s Corporate Identity)

_______________________________

(Notary Public)

State of ________________________

County of ______________________

On this __________ day of ____________________, 20____, before me appeared ____________________,

personally known to me to be the person described in and who executed this ____________________ and

acknowledged that (she/he) signed the same freely and voluntarily for the uses and purposed therein described.

In witness thereof, I have hereunto set my hand and affixed my official seal the day and year last written above.

____________________________________________________

Notary Public in and for the state of _______________

____________________________________________________

(Printed Name)




AFFIDAVIT OF NO DEBARMENT FROM BIDDING

Insert

Addressee

Information

The undersigned hereby certifies that, the undersigned firm has not been debarred within the past 10 years, nor

under consideration for disbarment on public contracts by the federal government or any state.

Dated: _________________ By: ___________________________________________________________


By: ___________________________________________________________


Title: __________________________________________________________


For: ___________________________________________________________


_______________________________

(Notary Public)

State of ________________________

County of ______________________





____________________________________________________


____________________________________________________

(Printed Name)




AFFIDAVIT OF ABILITY TO OBTAIN ALL NECESSARY

PERMITS, LICENSES, AND OTHER NECESSARY

AUTHORIZATIONS TO WORK IN KANSAS

Insert

Addressee

Information

The undersigned hereby certifies that, the undersigned firm and its affiliates have the ability to obtain all

necessary permits, licenses and other necessary authorizations to work in Kansas.

Dated: _________________ By: ___________________________________________________________


By: ___________________________________________________________


Title: __________________________________________________________


For: ___________________________________________________________


_______________________________

(Notary Public)

State of ________________________

County of ______________________





____________________________________________________


____________________________________________________

(Printed Name)

Surety Company

Letterhead Info

Date


1507 Main Street

Hays, KS 67601

RE: City of Hays Wastewater Treatment Plant Upgrades and Expansion Project

Respondent, Bonding Capacity

Dear Sir or Madam:

We, Surety have the pleasure of extending surety credit to the Respondent . We

are authorized by law to do business in Kansas. As a surety, for Respondent , we are

listed in the U.S. Department of Treasury’s circular 570, and have an A.M company rating of ________.

Named Surety has authorized this organization to bid individual contracts up to $________ in size. The

total program capacity for Respondent is $______ ____. It is our

intention to furnish Respondent with 100% performance and Labor and

Material Payment Bonds for this subcontract, if awarded the above‐referenced project.

This commitment is subject to our standard underwriting at the time of the bond request, including a

review of acceptable bond forms, contract financing and our standard underwriting considerations.

Sincerely,