PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM REQUEST FOR CONTRACTOR PREQUALIFICATION

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PRRIP ED OFFICE FINAL 3/3/2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM REQUEST FOR CONTRACTOR PREQUALIFICATION SUBJECT: Contractor Prequalification for Habitat Creation, Restoration and Maintenance Services REQUEST DATE: Ongoing Quarterly POINT OF CONTACT: Tim Tunnell Headwaters Corporation 4111 4 th Ave, Suite 6 Kearney, Nebraska 68845 (402) 219-3883 tunnellt@headwaterscorp.com I. OVERVIEW The Platte River Recovery Implementation Program (Program) was initiated on January 1, 2007 between Nebraska, Wyoming, and Colorado and the Department of the Interior to address endangered species issues in the central and lower Platte River basin. The species considered in the Program, referred to as target species, are the whooping crane, piping plover, interior least tern, and pallid sturgeon. A Governance Committee (GC) has been established that reviews, directs, and provides oversight for activities undertaken during the Program. The GC is comprised of one representative from each of the three states, three water user representatives, two representatives from environmental groups, and two members representing federal agencies. The GC has named Dr. Jerry Kenny to serve as the Program Executive Director (ED). Dr. Kenny has assembled a Program staff located in Nebraska and Colorado that is responsible for assisting in carrying out the various Program-related activities. The GC submits this Request for Contractor Prequalification (RFCP) for the purpose of prequalifying contractors to provide habitat creation, restoration and maintenance services on Program lands along the central Platte River. The Program is in the process of acquiring, protecting, and/or restoring 10,000 acres of habitat along the central Platte River and prequalification will serve as a tool to expedite the procurement of habitat-related services. II. DESCRIPTION OF PREQUALIFICATION The Program is implementing a prequalification process for contractors who are interested in providing habitat creation, restoration, and maintenance services on Program lands. This process will provide Program staff with a list of qualified contractors with capabilities and experience in work classes including but not limited to: Brush/tree shredding Discing (in-channel) Grass seeding Herbicide application (in-channel and upland)

45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Hydraulic dredging Large tree/forest clearing Livestock fencing Mechanical earth moving (in-channel and upland) Mowing (in-channel & upland) Vegetation shredding (in-channel and upland) Understory tree clearing Well decommissioning Procurement of Services from Prequalified Contractors The Program s procurement process will vary based on the expected cost of the contracted services. Cost thresholds and corresponding procurement processes are provided below: <= $2,000 Quotes will be acquired by phone or in writing from up to three prequalified contractors. Award will be to the low quote. > $2,000 but < $10,000 Quotes will be acquired by phone or in writing from a minimum of three prequalified contractors. Award will be to the low quote. => $10,000 but < $25,000 Quotes will be solicited from all prequalified contractors through an advertisement on the Program web site. Quotes will be provided in writing. Award will be to the low quote. > $25,000 A bid package will be prepared and advertised. The contractor will be selected via public bid opening. Bidding will be open to all contractors. Non-prequalified contractors will be required to submit qualifications as part of their bid. Award will be to the lowest cost bidder that can meet the requirements of the bid solicitation. Contracting for Services Following the award, the Program will enter into an agreement with the contractor based on one of the two following formats: Firm Fixed Price Contract The total requirement has a fixed price for satisfactory delivery or complete performance. Progress payments will be made based on completion of predetermined deliverable milestones and percentage of contract amount for each. Services like fencing, well decommissioning and forest clearing will be conducted on a firm fixed price basis.

90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 Time and Materials Contract Typically used for labor intensive requirements where the hours needed may depend upon variables not clarified until the work has started; services are based upon direct labor hours at a specified fixed hourly rate and materials at cost (including a material handling fee). Generally, the agreement provides for a not to exceed maximum expenditure. Services like noxious weed control, understory clearing and channel discing will be conducted on a time and materials basis. III. SUBMISSION REQUIREMENTS All interested parties wishing to become prequalified must complete the attached Contractor Prequalification Form in its entirety and submit it to the Executive Director s Office. All answers and entries on the form must be specific, complete in detail, and typewritten or printed. Completion in pencil is not acceptable. Brochures and other information may be furnished to supplement the form; however, it is essential that the form be completed in full. No fee is required to prequalify. Instructions for Submitting Prequalification Form One completed copy of the Contractor Prequalification Form must be submitted to the Executive Director s Office. The mailing address is: Platte River Recovery Implementation Program 4111 4 th Ave, Suite 6 Kearney, NE 68845 Questions regarding the information contained in this RFCP can be submitted to Tim Tunnell by email (tunnellt@headwaterscorp.com) or by telephone at (402) 219-3883. Criteria for Evaluating Prequalification The Executive Director s Office will investigate and examine the application of all contractors applying for prequalification. Prequalification status will be primarily based on the following criteria: financial responsibility of the contractor experience - based upon example projects provided for each work class the performance record of the applicant as related to project references the contractor s equipment and machinery whether or not the contractor has been previously denied pre-qualification, and if so, for what reason Notice of Prequalification Status After completing the evaluation of prequalification applications, the Executive Director s Office will notify the contractor of their prequalification status. The prequalification term will be three years. At the end of that period, contractors will need to resubmit for prequalification or inform the ED Office that they are no longer interested in providing services to the Program. IV. PROGRAM PERSPECTIVE

136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 The Governance Committee of the Program has the sole discretion and reserves the right to reject any and all prequalification requests received in response to this solicitation and to cancel this solicitation if it is deemed in the best interest of the Program to do so. Issuance of this request in no way constitutes a commitment by the Program to award a contract, or to pay contractor s costs incurred either in the preparation of a response to his solicitation. The Program also reserves the right to request clarification, supplements, and additions to the information provided by a contractor. By submitting a proposal in response to his solicitation, contractors understand and agree that any prequalification of a contractor or any decision to reject any or all responses or to establish no contracts shall be at the sole discretion of the Program. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the Nebraska Community Foundation, the states of Colorado, Wyoming, and Nebraska, the Department of the Interior, members of the Governance Committee, and the Executive Director s Office, their employees, employers, and agents, against any and all claims, damages, liability, and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor or its employees, agents, subcontractors, or assignees pursuant to the terms of this solicitation. Additionally, by submitting a prequalification form, contractors agree that they waive any claim for the recovery of any costs or expenses incurred in preparing and submitting said form.

PRRIP ED OFFICE FINAL 11/10/2008 Platte River Recovery Implementation Program CONTRACTOR PREQUALIFICATION FORM FOR HABITAT CREATION, RESTORATION AND MAINTENANCE SERVICES Terms and Preparation Instructions: This Prequalification Form will provide the Platte River Recovery Implementation Program (Program) with information necessary to establish contractor prequalification for habitat creation, restoration and maintenance services. It must be properly filled and executed in order to receive consideration for prequalification. All answers and other entries must be specific, complete in detail, and typewritten or printed. Pencil is not acceptable. Brochures and other information may be furnished to supplement the form; however, it is essential that the form be completed in full. No fee is required in order to prequalify. PART I: GENERAL INFORMATION Company Name: Telephone Number: Fax Number: Mailing Address: City, State, Zip Code: Physical Address: City, State, Zip Code: Name of Contact: Telephone Number: E-mail Address & Company web address Business Type: Corporation Partnership Individual Consolidated Company Status: Federal Tax ID: Prime Contractor Subcontractor Number of Employees (at peak): Age of Firm: Insurance Limit: Page 1 of 6

PART II: BUSINESS TYPE & OTHER INFORMATION 1. If your company is a partnership, complete Type: General Limited Partners Names and Addresses: 2. If your company is a corporation, complete Date incorporated: State incorporated: 3. How many years has your organization been in business as a: Prime Contractor: Subcontractor: 4. Has your company defaulted on any public project in the preceding ten (10) years? Yes No If yes, please indicate: Governmental Agency: Project: Date: Location: Detailed Explanation: 5. Has your company or any officer off your company been indicted, pled guilty or been convicted of Yes No any offense that resulted in your firm currently being debarred or suspended from bidding or performing work for any State, Local or Federal Government agency? If yes, please indicate: Government Agency: Detailed Explanation: 6. Is your company under the protection of bankruptcy court, has any pending petition in Yes No Bankruptcy court, or have you made assignment for the benefit of creditors? If yes, please give a detailed explanation: Page 2 of 6

PART III: WORK CAPABILITIES & EXPERIENCE 7. Please indicate the following classes of work where your company has capabilities and experience by marking (X) in the appropriate boxes. Class Number 1 Brush/Tree Shredding 2 Discing In-Channel/Slough Class Description 3 Embankment/Outlet Works Construction (reservoir and wetland) 4 Grass Seeding 5 Herbicide Application In-Channel/Slough 6 Herbicide Application - Upland 7 Hydraulic Dredging 8 Large Tree/Forest Clearing 9 Livestock Fencing 10 Mechanical Earth Moving In-Channel/Floodplain 11 Mechanical Earth Moving Upland 12 Mowing In-Channel 13 Mowing - Upland 14 Vegetation Shredding In-Channel Grass and Woody 15 Shredding Upland Grass and Woody 16 Understory Tree Clearing 17 Well Decommissioning List other applicable restoration/maintenance capabilities not included in the above work classes. Class Number 18 19 20 21 22 23 24 25 Class Description Page 3 of 6

8. List projects your company has completed in the past three (3) years as related to the work capabilities you indicated on the previous sheet. Additional information may be attached as necessary. Gross Class of Date Prime Client and Mailing Address, Name, Project Name Revenue Work* Completed or Sub and Phone of Client Rep. *Use class numbers from previous sheet Page 4 of 6

9. List equipment that is available for work. Item* Quantity (Description, Size, Capacity. Etc.) Present Location *Individual listing of each piece of equipment is not necessary. Grouping by types of equipment for specific work capabilities is sufficient. Page 5 of 6

PART IV: AFFIDAVIT The undersigned, being duly sworn, deposes and says that the foregoing is a true statement of facts concerning the sole proprietorship, corporation, co-partnership or joint venture herein named, as of the date indicated; that the answers to the foregoing interrogatories are true; that this statement is for the express purpose of inducing the Platte River Recovery Implementation Program to award the said firm or individual a contract; and that any depository, vendor, or other agency herein named is hereby authorized to supply the Platte River Recovery Implementation Program or its agent with any information to verify this statement. Name of Firm Authorized Signature Subscribed and sworn to me this day of, Notary Public in and for the State of Residing at Notary Seal Statement Prepared By Title Date Page 6 of 6