Water Policy

Statement of Qualifications

Cache County Request for
Statement of Qualifications (SOQ)
For Engineering Services
To Create Cache County Water Master Plan
October 2011 | Cache County, Utah

Cache County is requesting a Statement of Qualification (SOQ) for the Cache County Water Master Plan. This SOQ is intended to eventually lead to a contract with a qualified engineering firm or solo practitioner for the purpose of developing a water master plan for Cache County. Such a plan would outline how best to utilize and conserve the water resources in Cache County as efficiently as possible now and in the future.  The plan would also determine when and how Bear River water will need to be developed to meet the future needs of Cache County, and the organizational structure that will be needed to develop project funding and facilitate development of the water resources.

Paramount Requirement:  Cache County’s funding for this Water Master Plan comes from four (4) sources: the County, the U.S. Bureau of Reclamations (USBR), the Utah Department of Community and Culture Division of Housing and Community Development also known as Community Impact Board (CIB), and the Utah Board of Water Resources. Thus, each firm or solo practitioner responding to this SOQ must agree to and comply with all terms of the Grant Agreements incorporated herein by reference. The links to these Grant Agreements can be found at www.cachecounty.org.

The scope of this project as approved by the Bureau or Reclamations is attached to the Bureau’s Grant Agreement on the website.

Project Objectives:

  1. This project will identify current transport losses, identify water marketing opportunities, identify the average annual water supply available to the County, and address future demand needs for the County.
  2. Inventory the existing water resources in Cache County unless otherwise inventoried by the State of Utah, Division of Water Resources.
  3. Calculate existing and future water demands for agricultural, municipal, and industrial uses.
  4. Proposal on how to unite the individual communities and irrigation companies of Cache County in order to utilize water more efficiently and cooperatively.
  5. Prepare a prioritized list of regional water capital facility projects for the most cost-efficient, cooperative, and environmentally sound use of available water resources.
  6. Conduct a System Optimization Review (SOR) to evaluate regional water system improvements and strategies to make more efficient use of the available water resources in Cache County, including water marketing and aquifer storage and recovery.
  7. Evaluate the potential of exchanging higher quality water, currently used for watering lawns, cleaning driveways and clearing gutters, for lower quality water.
  8. Assist Cache County to address future water needs in a sustainable manner, in a region that is experiencing increased tension over water resources. The study includes twenty-three (23) incorporated cities and fifty-four (54) canal companies.

Typical questions that need to be addressed in the master plan include:

  • When will Cache County need Bear River Development water?
  • What strategy is needed for participation in the Bear River Development?
  • When and how will water that is currently being used for agriculture be converted for municipal and industrial use?
  • How can the State Engineer’s identified twenty-five thousand (25,000) acre feet of undeveloped ground water in Cache County be fully developed?
  • What role should Cache County have in funding water development?
  • What role should Cache County have as Bear River Development occurs?
  • Should Cache County purvey water similar to a Water Conservation District?

Scope of services include, but are not necessarily limited to, the following:

Each submitting firm or solo practitioner should outline the scope of work it plans to follow to complete the project. The following tasks are anticipated as part of the project:

  1. The main goal of this project is to prepare a County-wide plan to utilize and conserve the water resources in the County as efficiently as possible now and in the future.
  2. Project Meetings/Reporting:  Organize and hold meetings during the creation of the water master plan as needed with Cache County staff members and with Cache County Council and water organizations to keep all informed of the project progress, including a “kickoff meeting,” progressive milestone meetings, plan review meetings, and a final presentation to Cache County Council. Submit required project reports to funding agencies on the project progress.
  3. Existing Water Supply:  Prepare an inventory and resource data of the municipal and irrigation water resources within Cache County, and create a map or maps to identify the locations of the water resources and prepare a summary of the water rights associated with the water resources to the extent not already accomplished by the State of Utah, Division of Water Resources, and thereafter in cooperation therewith.
  4. Water Demands:  Estimate the existing agricultural, municipal, and industrial water demands in Cache County as well as residential water demands in the unincorporated areas of Cache County. Estimate the future water demands in Cache County and forecast when the groundwater supply will be fully utilized. Compare the existing and future demands with the available water supply for each community in Cache County. Evaluate the possibility of hydroelectric power generation and related demands.
  5. Public Process:  Facilitate a process to involve the municipal and irrigation water users in Cache County in the creation of this water master plan.  Develop strategies for the transfer of water from one use to another, including transfer of irrigation rights to municipal groundwater rights or treated surface water.
  6. Analysis:  Evaluate regional water system improvements and strategies to make more efficient use of the available water resources in Cache County at a conceptual level.  Evaluate ways to use energy more efficiently and identify environmental concerns and endangered species in Cache County, and green energy opportunities.  Investigate options for future management of water.  Analyze how the water from the Bear River should be developed and utilized in Cache County. Investigate water management options (forms of government entities or agencies) that could be utilized to manage water in Cache County in the future.  Prepare conceptual opinions of probable cost to implement the evaluated water system improvements along with a plan to fund the improvement projects.  Prepare a prioritized schedule to implement the improvements.
  7. Compile Master Plan:  Prepare a written water master plan report to document the process followed to create the plan and the findings of the master plan.  Present the findings of the master plan to the Cache County Council. Prepare revisions of the water master plan as necessary, and print copies of the report, and supply to Cache County electronic copies, as further described in the “Deliverables,” section below. Also, provide a summarized version for the public as set forth in the “Deliverables,” section below.

Project Schedule:  All proposing firms or solo practitioners shall demonstrate in their SOQ a project schedule that will allow Cache County to complete the project in a time frame acceptable to contributing agencies.  The proposed schedule must correspond to the tasks given in the proposed scope of work.

Project Deliverables:

Ten (10) copies of a final report that documents the process followed to complete the master plan and that includes recommendations and Geographic Information System (GIS) maps and figures created for the master plan, with ten (10) copies provided electronically via “thumb,” “flash” or “jump drives,” or other appropriate electronic form such as compact disc.

One-hundred (100) hand-outs for the public summarizing critical issues, concepts, and information in a user-friendly form such as a street map-style pamphlet approximately three foot by four foot (3’ X 4’), or similar document that allows for layperson understanding of the key concepts which may include charts, graphs, maps, and brief explanations, with the ability to provide more such hand-outs to Cache County as needed.

Step 1 - Statement of qualifications

Firms interested in being considered for the project must submit a "Statement of Qualifications."

Format: Statement of Qualifications shall

(1)          not exceed ten (10) pages, single-sided in length;

(2)          those pages shall be eight and one-half by eleven (8 ½ X 11) inches page size; and

(3)          the type must be either font size ten (10) or twelve (12), Times New Roman or Arial.

Content:  Statement of Qualifications shall include as part of the page limit

      1.   Name and address of the firm or solo practitioner, including the name and phone number of the contact person.

      2.   Location of the firm’s or solo practitioner’s office(s).

      3.   Summary of the firm's or solo practitioner’s general background and capabilities.

      4.   Summary of the firm's or solo practitioner’s experience.

      5.   List of five (5) references at a minimum.

      6.   Proof of all necessary professional and business licensure in good standing, e.g. engineering license, etc.

      7.   Complete, audited, and certified copy of a current financial report of the firm or equivalent if a solo practitioner. (May go in appendix and not count toward maximum pages.)

      8.   The signature, typed name, and title of the individual or agent who is authorized to legally commit the firm or solo practitioner to the proposal.

      9.   The financial stability of the firm or solo practitioner.

      10. The firm or solo practitioner must disclose any lawsuits or legal action during the past five (5) years related to engineering services.  (May go in appendix and not count toward maximum pages.)

      11. Clauses of Indemnification of and “hold harmless” Cache County for all acts and/or omissions arising out of the work of the firm or solo practitioner, its agents, employees, subcontractors, or any other individual(s) or entity of the firm or solo practitioner.

      12. The firm or solo practitioner must provide types of insurance limits and provisions as follows:

  1. Automobile, with Cache County named as certificate holder, no fault to meet statute requirements, limit $500,000, $500,000 Combined Single Limit (CSL).
  2. Worker’s Compensation, as required by law.
  3. Employer’s Liability, comprehensive with Cache County named as Certificate Holder, no fault to meet statutory requirements, $100,000.
  4. Comprehensive general and professional liability (including personal and administrative-type claims as covered in the policy), with Cache County named as additional insured. Limits to be reinstituted annually, $1,500,000.
    1. Proposed project team and its members and their respective qualifications including,    but not limited to, name, education, years of experience, similar projects on which that  team member worked and duties for those projects, and the proposed team-member’s duties for this project and resumes. (Resumes may go in appendix and not count toward maximum pages.)

14. Qualifications if the firm or solo practitioner including examples of similar projects with a  brief description thereof and a client reference thereto.

Seven (7) copies of the SOQs must be received no later than two (2) p.m. on 31 October, 2011, to Bob Fotheringham, Cache County Water Engineer, 199 North Main Street, Logan, Utah, 84321.  Electronic versions in addition to hard-copies are encouraged.  Firms or solo practitioners will be evaluated based on the information contained in the Statement of Qualifications.  A preference ranking of the firms will be established.

This SOQ has been reviewed by the Bureau of Reclamations and the successful firm or solo practitioner must conform to all requirements under the grants.

Step 2 – PROPOSAL (Proposals are not due at this stage, but this section is provided to give understanding of the County’s requirements to which firms or solo practitioners will be bound though the County reserves the right to change these proposal requirements.)

Those firms or solo practitioners included on a short-list for further consideration may be asked to submit a "Proposal" addressing the specific requirements of the project.

Format:  Proposals shall

(1)  not exceed fifteen (15) pages, single-sided in length;

(2)  those pages shall be eight and one-half by eleven (8 ½ X 11) inches page size, though four (4) of the fifteen (15) pages may be maps, diagrams, charts, or photos, contained on eleven by seventeen (11 X 17) inches page size; and

(3)  the type must be either font size ten (10) or twelve (12), Times New Roman or Arial.

Content:  Proposal should include as part of the page limit a discussion of the following as a minimum:

A.         Cover page with title of the project, date submitted, submitting firm name or that of solo practitioner, key contact, address, phone number and email address.

B.         Detailed approach and methodology to this project that demonstrates experience and knowledge of the project.

C.        Detailed work plan and project schedule that highlights key objectives, project milestones, and areas needing input and/or feedback from Cache County staff and Cache County Council.

D.        Commitment to be meet all existing and future requirements of the grant-supplying organization(s) for the Water Master, and the commitment to be meet any additional requirements that may be imposed by other agencies, including those that supply matching funds. Such commitments must be restated in any final contract that results. (See on www.cachecounty.org website an example of the type of obligations in the memorandum from Bureau of Reclamation, dated 22 September, 2011.)

Following review of the Proposals, a proposal short-list will be made of firms or solo practitioners. Those on that proposal short-list may be asked to participate in an interview.  A preference ranking will be established from among the short-listed candidates, and negotiations for contract purposes will be initiated with the top-ranked proposal candidates.

Cache County reserves the right to award this contract based on the total qualifications that demonstrate the best ability to fulfill the requirements of the Proposal.  The successful candidate will be chosen on the basis of the criteria and qualifications listed herein.

Those whose proposals do not meet the minimum requested or mandatory requirements will be considered non-compliant. Conversely, those whose proposals meet or exceed those minimum requirements either in the form of additional technological advancements or through widening of the scope of services offered, will be given consideration.

Cache County reserves the right to reject, in whole or in part, any or all proposals received in response to this request for any reason and to go back and renegotiate with firms or solo practitioners that may have been initially passed over.  Cache County will not pay for any information requested nor is it liable for any costs incurred by the candidate(s).

Cache County reserves the right to cancel and/or withdraw this request at any time that it shall be in the best interest of Cache County to do so.

The selected engineering firm or solo practitioner shall begin work only after receiving the fully executed contract and written notification to proceed from Cache County. The successful firm or solo practitioner will perform all services in the proposal in compliance with the negotiated contract and their response to this request.

The authorized agent for the successful firm or solo practitioner must certify and swear that, to the best of her or his knowledge, no member or members of the firm or solo practice have either directly or indirectly restrained free and competitive solicitation for this project by entering into any agreement, participated in any collusion, or otherwise taken any action unauthorized by Cache County, Utah, or Federal law with regard to this proposal or potential contract resulting therefrom.

Cache County is an Equal Opportunity Employer. 

Step 3 - CONTRACT NEGOTIATION (This section is provided to give understanding of the County’s requirements to which firms or solo practitioners will be bound though the County reserves the right to change these contract negotiation requirements.)

“Contract Negotiation” with the top-ranked firm or solo practitioner will first include development of a mutually acceptable work plan and project schedule, followed by the firm or solo practitioner developing a proposed fee.  If the firm or solo practitioner’s proposed fee is not within the client’s budget, and a satisfactory agreement cannot be reached with the top-ranked candidate, those negotiations will be terminated, and negotiations will be initiated with the second-ranked firm. However, Cache County reserves the right to invite back any rejected candidate to resume negotiations.

When a contract is negotiated the following shall apply:

A)        Termination for Cause:  Cache County may terminate the contract at any time that the firm or solo practitioner fails to carry out its provisions or to make substantial progress under the terms specified in the contract.

1.         Cache County shall provide the firm or solo practitioner with thirty (30) days written notice of the conditions endangering performance. If after thirty (30) days written notice the firm or solo practitioner fails to remedy the condition contained in the notice to Cache County’s full satisfaction, Cache County shall issue an order to stop work immediately.

2.         Cache County shall be obligated to reimburse the firm or solo practitioner only for those services rendered prior to the date of notice of termination, less any liquidation damages that may be assessed for non-performance.

B)        Mutual Agreement:  With the mutual agreement of Cache County and the firm or solo practitioner upon receipt of not fewer than thirty (30) days written notice, the contract may be terminated on an agreed date prior to the end of the contract period without penalty to either party.

C)        Lack of Funds: Notwithstanding any other provisions of the contract, if the funds anticipated for the continued fulfillment of this contract are at any time not forthcoming, through the failure of Cache County to appropriate funds, discontinuance or material alteration of the program under which funds were provided, Cache County shall have the right to terminate the contract without penalty by giving not fewer than ninety (90) days written notice documenting the lack of funding.

D)        The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of Utah and the Ordinances of Cache County and shall not be assignable by the firm or solo practitioner in whole or in part without the written consent of Cache County.

E)        Certify Registration and Use of Employment “Status Verification System”: The Status Verification System, also referred to as “E-verify,” applies to contracts issued through this process.

1.         Each firm or solo practitioner and each person signing on behalf of any such firm or solo practitioner certifies as to its own entity, under penalty of perjury, that the named firm or solo practitioner has registered and is participating in the Status Verification System to verify the work eligibility status of its employees that are employed in the State of Utah in accordance with UCA Section 63G-11-103.

2.         Each firm or solo practitioner shall require that the following provision be placed in each subcontract at every tier:  “The subcontractor shall certify to the main (prime or general) Contractor by affidavit that the subcontractor has verified through the Status Verification System the employment status of each new employee of the respective subcontractor, all in accordance with Section 63G-11-103 and to comply with all applicable employee status verification laws. Such affidavit must be provided prior to the notice to proceed for the subcontractor to perform the work.”

3.         Cache County will not consider a proposal for award, nor will it make any award where there has not been compliance with this section.

4.         Manually or electronically signing the proposal is deemed the contractor’s certification of compliance with all provisions of this Employment Status Verification Certification required by all applicable status of verification laws including UCA Section 63G-11-103.

5.         Contractor shall protect, indemnify and hold harmless, Cache County and its officers, employees, agents, representatives and anyone to whom Cache County may be liable, against any claim, damages or liability arising out of or resulting from violations of the above Status Verification System Section whether violated by employees, agents, or contractors of the contractor, subcontractor at any tier, and/or any entity or person for whom the contractor or subcontractor may be liable.

6.         Notwithstanding #5 above, Cache County need only be indemnified for a Status Verification System liability claims that arise out of those engineering and related services, unless the liability claim arises from negligent act, wrongful act, error or omission, or other liability imposed by law. Further, the contractor shall be required to indemnify Cache County in regard to the contractor and/or its subcontractor and/or sub-consultants at any tier that are under direct or indirect control or responsibility of the contractor including all independent contractors, agents, employees, or anyone else for home the contractor may be liable at any tier.

The following is a schedule of events concerning the bid process:

Distribution of this request:   End September, 2011, onward.

Due date:  2 p.m., October 31, 2011.

Evaluation and presentations if desired by Cache County:  To be announced.

Notification of award:  To be announced.

Commence Services:  To be negotiated.

Questions related to this request must be submitted to Bob Fotheringham, Water Manager, by email to bfotheringham[at]cachecounty.org and selected questions will be answered via the website for all to read. Please do not call with questions, and please do not contact any other Cache County employees regarding this SOQ.

Seven (7) exact and complete copies, (with electronic versions in addition to the hard-copies required), of the SOQ must be submitted to:

Bob Fotheringham, Water Manager
Cache County
199 North Main
Logan, Utah  84321

SOQs must be received not later than 2 p.m. on October 31, 2011, at the address set forth above.  Cache County reserves the right to accept or reject any or all SOQs.

Minimum wage rates as established by the Secretary of Labor are applicable to all resulting contracts.

Those contracting with Cache County shall register and participate in the Status of Verification System as referenced in Utah Code Annotated Section 63G-11-103.

Cache County is an Equal Opportunity Employer.