SOQ - Emergency watershed

Solicitation of Statements of Interest and Qualifications for Right of way Acquisition and project management services.

 

I. INVITATION

 

Cache County, Utah (“County”), is soliciting statements of interest and qualifications (“SOQ”) from qualified firms to provide right of way acquisition and project management services in connection with the Cache Community Emergency Watershed Project (Project). Details pertaining to the Project can be obtained through NRCS’s link below:

 

http://www.ut.nrcs.usda.gov/programs/EWP/LNCRP/index.html

 

II. BACKGROUND

 

  1. On July 11, 2009, a landslide occurred along the hillside within an area at the mouth of Logan Canyon known as Logan Bluff, causing the complete failure and breach of the Logan & Northern Canal at the location of the landslide. As a result of the breach, the failed section of the Logan & Northern Canal was indefinitely closed, thereby prohibiting any utilization of the canal downstream for the delivery of irrigation water to Logan and Northern Irrigation Company (“L&N”) shareholders. The Logan & Northern Canal system has historically delivered irrigation water to approximately 7,000 acres of irrigated agricultural and municipal land situated within the County.
  2. The Logan Hyde Park Smithfield Canal Company (“LHPS”), has cooperated with L&N in agreeing to the joint use of a portion of the capacity of the Logan Hyde Park Smithfield Canal on a temporary, emergency basis to transport a portion of L&N’s irrigation water for discharge into a temporary pipeline connecting the Logan Hyde Park Smithfield Canal with the Logan & Northern Canal to facilitate delivery of some irrigation water to L&N shareholders who can be served thereby. The failure of the Logan & Northern Canal, notwithstanding the emergency arrangement with LHPS, has resulted in drastically reduced deliveries of irrigation water to both L&N and LHPS shareholders, and consequential adverse economic impacts to the irrigation company shareholders, the County and adjoining cities.
  3. The County has applied for and obtained an Emergency Watershed Protection Program (“EWPP”) grant through the United States Department of Agriculture, Natural Resources Conservation Service (“NRCS”), to design and construct needed structures to the Logan Hyde Park Smithfield Canal system and additional features that will restore irrigation water delivery to L&N and LHPS shareholders.
  4.  The NRCS has initiated an Environmental Impact Statement (“EIS”) under the National Environmental Policy Act (“NEPA”). The purpose of the EIS was to evaluate potential alternatives that would restore safe delivery of water to the Logan Northern Canal service area.
  5. The Record of Decision on the EIS has been issued and the preferred alternative has been selected and approved. The approved project is referred to by the NRCS and the Parties as the “Cache Community Emergency Watershed Project” (Project). The Project generally includes the following elements:
    1.  the addition of LHPS’s canal point of diversion (“POD”) on the Logan River below Second Dam as an additional point of diversion under L&N’s water rights;
    2. the reconstruction of the LHPS Canal POD Structure to the amount of water that can be diverted from the Logan River (up to a maximum of 130 cfs), so as to allow the diversion of water for both LHPS and L&N water rights;
    3. the construction of a Box Culvert in the LHPS Canal between the POD and 1500 North in Logan City to safely convey a maximum of 130 cfs of flow through the LHPS Canal alignment, together with required irrigation head gates within the existing LHPS Canal alignment;
    4.  the construction of storm and drainage water collection and conveyance improvements to facilitate the collection and conveyance of storm and drainage waters within the existing LHPS Canal and L&N Canal alignments, consistent with historic practices;
    5. the construction of the LHPS Canal Water Control Structure at 1500 North to transition flows to the original, existing LHPS canal at 1500 North and to divert a flow of up to 40 cfs into the 1500 North Pressure Pipeline;
    6. the construction of the 1500 North Pressure Pipeline to deliver up to 20 cfs into the original Logan & Northern Canal at the 1500 North Logan & Northern Canal Water Control Structure, which will transition water to flow north in the Logan and Northern Canal and to flow south at the rate of approximately 2 cfs into the Logan & Northern Pressure Pipeline;
    7. the construction of the Logan & Northern Pressure Pipeline along the existing Logan & Northern Canal alignment to deliver approximately 2 cfs of water to L&N shareholders upstream of 1500 North,
    8. the construction of the Logan & Northern Gravity Pipeline to deliver approximately 2 cfs of water from the existing Logan and Northern Canal point of diversion to the original, existing Laub Diversion; and
    9. the acquisition, from willing sellers, and removal of certain canal support and related structures from 14 properties along Canyon Road in Logan City at the toe of the historically unstable part of the Logan Bluff.
  6. As Project sponsor, the County has entered into two Cooperative Agreements with the NRCS, identified as: (i) Cooperative Agreement No. 68-8D43-10-13, approved April 22, 2010, pursuant to which the NRCS has agreed to contribute, in the form of a grant to the County, up to and not to exceed $1,590,000.00, to be utilized by the County for technical assistance in connection with the plan of work which is to be submitted by the County and approved by NRCS for the Project, in conformance with the terms and conditions of said agreement (the “Technical Assistance Cooperative Agreement”); and (ii) Cooperative Agreement No. 68-8D43-10-14, approved April 22, 2010, pursuant to which the NRCS has agreed to fund up to 75% of the allowable Project construction costs up to and not to exceed $19,350.000.00, in conformance with the terms and conditions of said agreement (the “Construction Funding Cooperative Agreement”). The Construction Funding Cooperative Agreement requires the County to contribute a minimum of 25% of the total allowable Project construction costs (the “Local Cost Share”), for the actual construction phase, to be satisfied by the payment of County funds and/or value of in-kind labor, materials, or equipment, in an amount up to $6,450,000.00 (figured at the maximum contribution by the NRCS of $19,350,000.00. The Construction Funding Cooperative Agreement expressly provides that the County is allowed and, in fact, anticipates that the local municipalities and the canal companies will cover the Local Cost Share of the Project construction costs through loans or other in-kind contributions.
  7. Importantly, the project Total Estimated Cost as noted in Table 3-2 on page 3-13 of the Final Environmental Impact Statement is $20.3 Million with a ten (10) percent contingency added cost for a total of $22.4 Million. Thus, the selected firm shall keep the project within budget. Moreover, in conformance with federal law, their will be incentives to come under budget so as to save taxpayer money. Copy the following URL into your web browser https://www.acquisition.gov/far/ to select clauses to include in the SOQ.
  8. The Cache Highline Water Association (“Cache Highline”), was incorporated by L&N and LHPS to finance the Local Cost Share for the Project and to operate and maintain the Project upon completion of construction as contemplated in the Cooperative Agreements. Cache Highline has obtained preliminary approval from the Board of Water Resources, Utah Division of Water Resources (“UDWR”), for a zero-interest loan to finance up to 85% of the Local Cost Share.
  9. Cache Highline is the primary beneficiary of the Project, whereby its shareholder, L&N shall be restored to agreed upon irrigation water deliveries and its capacity to satisfy its contractual municipal exchange obligations to certain of the Local Entities, as defined below, and its shareholder LHPS shall be restored to agreed upon irrigation water deliveries at historic rates of flow. Logan City, North Logan City, Hyde Park, Smithfield and the County (“Local Entities”), are also direct beneficiaries of the Project and shall participate with Cache Highline in funding the Local Cost Share as provided in a Cost Participation Agreement among Cache Highline and the Local Entities.
  10. A draft Work Plan for the Project developed by the County and the NRCS enumerates the duties and responsibilities of the County, Cache Highline, and the Local Entities in connection with the design, financing, construction and operation of the Project. The draft Work plan can be seen at http://www.cachecounty.org/water/soqws.php for your convenience.
  11. Due to the time constraints of the Project, the Project construction documents will be prepared and the Project bid as a “design-bid-build,” or some variation of a “design-build” project.
  12. The firm selected to be the project manager and perform the work set forth in Section III hereof (Project Manager) must demonstrate its ability to complete the Work Plan and demonstrate its ability to implement the plan to construct the Project in satisfaction of all NRCS, UDWR, and all other federal and state cooperating agency requirements as a condition to Project financing.
  13.  Award of an eventual project management contract is expected in November or December 2011, with final completion of the entire project anticipated to occur in approximately December 2013, with incentives in accordance to federal law for earlier completion. Copy the following URL into your web browser https://www.acquisition.gov/far/ to select clauses to include in the SOQ.

 

III. SCOPE OF WORK

 

  1. Easement Acquisition Services. The Project Manager shall be required to research, identify and assist the County in the negotiation of any required land purchases, and all construction and permanent easements and rights of way required for the Project, and assist in the preparation of all required documentation with respect thereto.
  2. Project Management Services. The Project Management Services to be performed by the Project Manager shall include the following:
    1. Develop a list of duties drafted in the spread sheet draft Plan of Work for the Project; www.cachecounty.org
    2. Review the ROD and assist the County in creating a Final Work Plan and project schedule in conformance with all NRCS and UDWR standards and requirements; and assist the County in determining the best delivery methodology for the Project as a “design-bid-build”, “design-build”, or other suitable methodology for proceeding with the Project in recognition of the critical need of completing the Project at the earliest possible time at the lowest reasonable cost, in the interest of Cache Highline and the Local Entities, and in satisfaction of NRCS and UDWR requirements;
    3. Assist the County in interpreting, defining and managing the County’s duties and responsibilities under the Final Work Plan in the best interest of the County, as well as the roles, duties and responsibilities of Cache Highline and the Local Entities;
    4. Give technical support to Cache Highline and the Local Entities in connection with their respective roles and responsibilities in satisfying NRCS and UDWR requirements for financing and constructing the Project;
    5. Review all applicable contracts and agreements related to the Project, including, without limitation, contracts with the State of Utah, the Federal government, the Local Entities, Cache Highline, Utah State University, the Logan Golf and Country Club, and other public and private entities and persons involved in or affected by the Project so as to ensure compliance with all applicable terms and conditions of said contracts and all applicable procurement procedures;
    6. Act in behalf of the County in a fiduciary capacity in procuring, supervising and coordinating the work of all consultants hired by County and all contractors engaged by County to provide services, labor and material for the execution of every aspect of the Project;
    7. Use its best efforts to insure that all services, labor and materials supplied in connection with the Project are furnished in a workmanlike manner, and in accordance with the prevailing standards of quality for similar projects, except as may be otherwise approved in writing by County;
    8. Research and plan logistics for Project construction work including staging areas and sources of suitable materials; and supervise the work of geotechnical consultants and engineers as necessary to prepare complete plans and specifications that will be suitable for competitively bidding the Project;
    9. Prepare all bidding and contract documentation as required to implement the selected Project delivery methodology in connection with the design and construction of the Project;
    10. Research and pre-qualify contractors; solicit bids, award and negotiate a contract with the contractor(s) to whom the bid is awarded, and work with an attorney representing the County to prepare contracts, applications for construction permits, insurance requirements, and other related documents;
    11. Research, assist in applying for, and assist in obtaining all required permits, including, without limitation, construction permits, environmental permits, Army Corp of Engineers permits, US Forest Service permits, and other permits as required for the Project;
    12. Prepare a comprehensive budget and construction schedule for completing the Project work and submit the same to the County for review and approval;
    13. Assist in the negotiation and finalization of the terms of all contracts necessary for the Project, including reviewing, coordinating and recommending to the County insurance and surety bond coverages;
    14.  Manage all aspects of the Project during planning, design and construction, including, approving and supervising construction plans and methodology; coordinating construction scheduling with impacted cities, the US Forest Service, the Logan Golf and Country Club, Utah State University, and all other affected entities or persons; reviewing and coordinating all necessary tests and inspections; preparing and implementing change orders which have been approved by the County; preparing and reviewing all necessary certificates, affidavits and reports;
    15. Provide communications services and public relations, with information to be made readily accessible to the public, especially to those property owners most affected by the Project, through links on websites, telephone communication, and other methods necessary to have optimal positive public relations;
    16. Develop a program to inspect, test, supervise and verify that all Project construction work is completed in accordance with all applicable requirements of the ROD, NRCS, UDWR, the County and all other applicable state and federal Utah requirements and the approved plans and specifications for the Project;
    17. Supervise the preparation of as-built plans and drawings upon completion of the Project;
    18. Assist in the development of an in-stream flow monitoring program in coordination with the US Forest Service and Cache Highline; and
    19. Perform such other duties and responsibilities as shall be assigned by the County in connection with the Project.
  3. General Requirements:
    1. Throughout the time that the Project Manager is engaged to provide services to the County, the Project Manager shall maintain a local "home office" suitable to conduct all of the activities of Project Manager that are required by this Agreement.
    2. The Project Manager will endeavor to understand and protect the interests of the County through its management services by seeking to achieve efficiency, economy and quality in the design and construction of the Project. The Project Manager shall be required to provide timely and professional administration of the Project.
    3. The Project Manager shall be held to a high standard of care and diligence in fulfilling its responsibilities hereunder, and shall regularly and freely confer with the County in the performance of its obligations under the Agreement to be negotiated between the County and the Project Manager;
    4. The Project Manager shall be required to devote such time and personnel as may be necessary for the diligent, effective, and thorough performance of its obligations under the terms of the contract to be negotiated with the County.
    5. The Project Manager shall be required to acknowledge that the County shall rely on the Project Manager's knowledge and experience, and, therefore, the Project Manager shall be required to use its best skill and judgment in the performance of its obligations and to cooperate with the County's consultants and employees in promoting the interests of the County in this fiduciary capacity.
    6. The Project Manager shall be required to prepare and maintain a date-tickler system to remind the Project Manager and the County of approaching dates for the expiration of insurance certificates, permit time-limits, and similar events.
    7. The Project Manager shall be required to furnish efficient business administration and superintendence, and to exercise its best efforts to secure the expeditious and economical performance of all work pertaining to the Project.
    8. For future reference by the County, and to assist in the settlement of any claims regarding warranties or latent defects, the Project Manager shall be required to maintain a comprehensive listing of all consultants, contractors, utility companies, government agencies and other parties who are involved in the evaluation, planning, design, construction, and regulation of the Project. This list shall include the names, titles, telephone numbers, mailing address and function performed by each individual.
    9. For the County's future reference, and to assist in demonstrating compliance with government regulations, the Project Manager shall be required to prepare a complete listing of the permits known to be required for the construction and use of the Project, including an explanation of essential terms and restrictions. Such compliance will include all reporting obligations to any and all grant and loan entities.
    10. The Project Manager shall prepare a listing and brief explanation of all documents that were essential to the construction of the Project and the continuing management thereof, including but not limited to consulting agreements, Project plans and specifications, construction contract documentation, geotechnical reports, environmental assessments, easements, required permits, and other similar important documents pertaining to the Project.
    11. The Project Manager shall be required to prepare other reports, schedules and narrative explanations as may be reasonably requested by the County to assist in the effective oversight and management of the Project.

 

IV SOQ SPECIFICATIONS

 

  1. Format. The SOQ shall:
    1. not exceed twelve (12) single-sided pages in length;
    2. those pages shall be eight and one-half by eleven (8 ½ X 11) inches page size, though three (3) of the twelve (12) 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 10 or 12, Times New Roman or Arial.
  2. Content. The SOQ shall include, within the stated page limit unless stated otherwise, the following:
    1. Optional cover letter;
    2. Firm name, contact information, location of office(s), and state of incorporation;
    3. If the SOQ is for a team of consultants, describe the team arrangement and management;
    4. A resume with proof of professional and business licensure(s) in good standing not exceeding one (1) page for each of the key proposed personnel only may be attached as an appendix, (will not count in the page limit);
    5.  A summary of similar projects performed by the firm;
    6. A statement of approach to the work and schedules of work to be preformed;
    7. Qualifications, experience, expertise of the firm;
    8. Qualifications, experience, expertise, and availability of key employees;
    9. References from no more than five (5) clients on previous similar projects;
    10. Title of the individual or agent who is authorized to legally commit the firm to the proposal;
    11. Evidence of the financial stability of the firm;
    12. Suggested clauses from https://www.acquisition.gov/far/ in conformance with federal and Utah laws providing incentive to finish the project ahead of schedule and to come in under budget to save taxpayer money.
    13. Suggested clause(s) stating that if this project is stalled, delayed, or terminated due to lawsuits or loss of funding that all obligations of the Sponsor and all stakeholders to pay the Project Manager or construction team shall cease. (“Legacy Highway” Owner Protection Clause.)
    14. Pledge to hire locally and buy materials locally wherever possible.
    15.  A disclosure of any lawsuits or legal actions against the firm, any member of a team of consultants, and any key personnel that relate to services which were the same as or similar to the requested services hereunder, during the past five (5) years;
    16.  A representation that the firm will indemnify and hold the County harmless from and against all negligent acts and/or omissions arising out of the work of the firm, its agents, employees, subcontractors, or any other individual(s) or entity of the firm in connection with the Project;
    17.  A representation that the firm shall provide insurance of the types and with minimum limits as follows:
      1. Automobile Liability: $1,000,000 per occurrence. “Any Auto” coverage is required.
      2. Workers’ Compensation and Employers Liability: Workers’ Compensation statutory limits as required by the Workers’ Compensation Act of the State of Utah.
      3. Employer’s Liability: Comprehensive with Cache County named as Certificate Holder, no fault to meet statutory requirements at a minimum of $1,000,000 per occurrence.
      4. Comprehensive General Liability: $2,000,000 combined single limit per occurrence, personal injury and property damage, $3,000,000 aggregate. Broad Form Commercial General Liability is required (ISO 1993 or better) to include Products – Comp/OP aggregate of $3,000,000. Limits apply to this project individually.
      5.  Professional Liability: $1,500,000 per occurrence, $2,000,000 aggregate coverage is required, (including personal and administrative-type claims as covered in the policy), with Cache County named as additional insured. Limits to be reinstituted annually.
  3. Submittal. The SOQ shall be submitted in conformance with the following:
  4. Fourteen (14) copies of the SOQ must be received no later than two (2) p.m. on 21 November, 2011, The SOQs shall be delivered to:

Bob Fotheringham

Cache County Water Manager

199 North Main Street

Logan, Utah, 84321.

 

Electronic versions in addition to hard-copies are required.

 

V. EVALUATION PROCESS

 

  1. Cache County reserves the right to cancel and/or withdraw this SOQ at any time.
  2. SOQs that do not meet the minimum requirements will be considered non-compliant.
  3. The County reserves the right to reject, in whole or in part, any or all SOQs received in response to this solicitation for any reason.
  4. The County’s SOQ request does not obligate the County to pay any costs incurred by those responding to this solicitation in the preparation of an SOQ, or to award any contract to any submitting firm.
  5. Firms will be evaluated based on the information contained in the Statement of Qualifications, or on the basis of interviews or oral presentations, which may or may not be conducted, at the sole discretion of the County.
  6. A preference ranking of the firms will be established, and contract negotiations may be initiated with the top-ranked firm, or a short-list of three (3) to five (5) firms may be selected for further consideration.
  7. Once a firm has been selected, a contract shall be negotiated. Contract negotiations shall include the development of a work plan and project schedule, and based thereon, a fee for services shall be negotiated. If, after negotiations, the successful firm’s fee for the services to be provided is not within budget, and a satisfactory agreement cannot otherwise be reached with that firm, negotiations with that firm will be terminated, and negotiations will be initiated with other firms responding to the SOQ, at the sole discretion of the County. The work will begin only after receiving the fully executed contract and written notification to proceed from the County. The successful firm will perform all services in compliance with the resulting negotiated contract and their SOQ as submitted.
  8. The authorized agent for the successful firm must certify that, to the best of her or his knowledge, no member or members of the firm have either directly or indirectly restrained free and competitive solicitation for this Project by entering into any agreement, or participating in any collusion, or otherwise taking any action unauthorized by the County, the State of Utah, or Federal law with regard to this proposal or potential contract resulting therefrom.

 

Specific questions with regard to this solicitation should be directed to Bob Fotheringham, Cache County Water Manager, at bob.fotheringham@cachecounty.org who may answer select questions and post them online at www.cachecounty.org. The deadline for questions to be posed is two (2) p.m. on 14 November, 2011.