MRGCD Request For Proposals in Belen - No Obligation

Transcription

1 MIDDLE RIO GRANDE CONSERVANCY DISTRICT REQUEST FOR PROPOSALS January 31, 2011 Belen Fire Restoration: Willow Swale Construction I. INTRODUCTION A. Background and Purpose of this Request for Proposals The Middle Rio Grande Conservancy District (MRGCD) and collaborators (Interstate Stream Commission, Hawks Aloft Inc., Bosque Ecosystem Monitoring Program, and Natural Heritage New Mexico) have developed a project that focuses on a 100-acre site in the Rio Grande bosque in Belen, New Mexico owned by the MRGCD. The project is funded by a Forest Service Collaborative Forest Restoration Program grant. This site was dominated by Rio Grande cottonwood with a dense understory canopy of non-native Russian olive and salt cedar that catastrophically burned in February The fire left hundreds of standing dead trees and non-native trees and shrubs are rapidly regenerating as well as large patches of native grasses and forbs. The MRGCD has removed non-native trees, dead wood and jetty jacks from the site and is restoring key natural processes on the site such as seasonal flooding and plant communities, to increase biodiversity with a goal of making the site self-sustaining. Restoration activities will be conducted in conjunction with comprehensive planning, education, and monitoring components. The projected outcome will be a reduction in the intensity of future fires by creating a diverse mosaic of vegetation patches across the site, which will result in 80% native species plant cover, and increase habitat diversity. The project is in a community and ecosystem listed on the New Mexico Communities at Risk list, and as such it will increase public safety for the City of Belen and surrounding communities in Valencia County. This Request for Proposals is for construction of an approximately 5 acre willow swale. Willow swales provide opportunities to create relatively large, dense willow stands in the project area without the need for supplemental irrigation water. Swales also have the added benefit of reducing exotic root-sprouts and kochia. Most or all of these undesirable roots from exotic trees are removed where the swales/trenches are constructed. Also, kochia seed will be removed with the surface soils as the swale depression is lowered. Page 1 of 25

2 The MRGCD requests sealed competitive proposals from qualified contractors, with demonstrated experience in willow swale construction. The project will begin on or about March 7, 2011 and end no later than April 15, Construction must be completed by or prior to April 15 th to prevent mortality of plants and to protect nesting birds as per the Migratory Bird Treaty Act. Depending upon the proposals received, MRGCD may ask one or more potential contractors to form a partnership to ensure the highest-quality project. A copy of this RFP is available from the Receptionist at the MRGCD General Office, nd Street SW, between the hours of 8 am and 4:30 pm (MDT) Monday through Friday. For additional background information, please visit Yasmeen Najmi at Yasmeen@mrgcd.com or call (505) B. Objectives and Scope of Work In the project area, a willow swale will be constructed in an area of the site characterized as a kochia meadow. In addition to the added benefit of weed management, the soils throughout these sites are ideal for willow swale construction. Ideal planting depths are approximately 3-4 feet to groundwater during low river-flows (less than approximately 1,000 cfs). These depths are ideal because groundwater can be expected to rise between 1-4 feet as river flow volumes increase during snowmelt run-off (May/June) or intense summer rainstorms. Thus a 3-4 foot elevation difference between the soil surface and the permanent groundwater table provides a conservative buffer zone in which coyote willow cuttings can establish roots in moist (unsaturated) soils. When auger hole depths exceed 4 feet, it becomes increasingly more difficult to efficiently (and safely) place the willow cuttings in the open hole. Therefore, if depth to water exceeds 4 feet, we often recommend lowering the floodplain grade the additional distance required to limit the trench depth to 4-feet. According to the monitoring well data on site, the depth to groundwater is generally 5-6 feet throughout the site at low water. We also augured to groundwater at several locations in the proposed willow swales and found that the depth to groundwater in July 2009 was between 4-5 feet. Due to this and for purposes of removing kochia weed seed from the swale, the swale planting area should be lowered 1-foot. Side slopes along the swale perimeter should be no greater than 3:1 to encourage herbaceous plant establishment from the surrounding floodplain areas. Materials generated from lowering the swale will be hauled to the flood control levee and maintenance access road and piled and/or spread in a location(s) and manner determined by the MRGCD. Spoils should be compacted to minimize kochia establishment. After the initial swale depression is lowered, multiple auger holes must be drilled down to four feet, approximately 5.5 feet apart over the five acre area. Page 2 of 25

3 Dormant coyote willow (Salix exigua cuttings, Rio Grande cottonwood (Populus wislizenii) and Gooding s (black) willow (Salix goodingii) poles should be placed in each trench with their cut ends inserted directly into the water table exposed at the bottom of the hole. Tree (cottonwood and black willow) poles must be placed vertically and centered in the hole and wrapped with beaver guards to prevent mortality. Once the auger hole is planted the hole must be backfilled and soil packed. This process is repeated until the entire swale has been planted. To provide structural canopy diversity this project will install dormant riparian tree poles in the swales, As a general planning guideline, Goodings willow poles should be placed at 30 foot centers every 900 square feet and cottonwood poles should be installed at 60 foot centers every 3600 square feet. These overstory species should be staggered around the swale. Coyote willow cuttings can either be harvested from riparian areas or purchased. Experience with swales in the Albuquerque area demonstrates that willows and tree poles must be dormant and willows soaked for one week prior to planting to achieve maximum survival. Either way, willows should be installed within 2-weeks following harvest to reduce potential for desiccation or damage. If it is anticipated that considerably more time between harvest and planting will occur, it may be prudent to store willows in a refrigerated trailer or some other practical means to ensure the plants remain cool, moist and dormant. The maps in the appendices show the location of project site and the swale. GPS shape files of the swale can be provided upon request to aid in developing the proposal. The contractor will be responsible for: Task 1. Swale delineation, mapping and staking of boundaries and locations of plantings (in conjunction with project manager) Task 2. Excavation of soils and remnant trunks, spoiling, spreading, compacting and/or removing material to owner s specifications. Task 3. Planting the swale with coyote willow, black willow and Rio Grande cottonwood. C. The Proposal Must Contain A successful proposal will contain the following criteria that are intended to qualify potential contractors for survey work with the MRGCD: 1. Demonstrated experience in willow swale design and construction. Page 3 of 25

4 2. Written references, with telephone numbers and addresses from at least three persons who are familiar with the contractor s work with survey administration. 3. Cost effectiveness: The budget for this project is limited, so one of the criteria for selection of the winning bid will be cost effectiveness; 4. Responsiveness of the proposal to this RFP; 5. A budget must be submitted, separated by the three RFP Tasks listed above in Section B., i.e. a budget and total for each Task, for all costs the contractor proposes to incur, divided into at least the following categories: a. Labor (please provide hourly rates of all personnel) b. Equipment (please provide hourly rates of all equipment) c. Supplies d. Insurances and bonding e. Overhead (if any) f. New Mexico Gross Receipts Tax on services only must be listed as a separate item. g. Total cost of the contractor's proposal (items a. through f.); 6. A statement that all costs of the project will be the sole responsibility of the contractor. 7. Signed copies of the forms in Appendices 1 and 2, Campaign Contribution Disclosure and Certification of Suspension and Disbarment. D. Contract Award NOTE: The MRGCD desires to construct a 5 acre swale. However, due to limited grant funds available for the project, the contract award of this total acreage may not be possible under this solicitation. For that reason, the MRGCD reserves the right to award the resulting contract from this solicitation based on the total number of acres to be constructed, or to implement one or more tasks in the RFP (see Section B. Tasks 1-3), depending on the lowest price received. E. Pre-proposal field visit A mandatory pre-proposal conference will held on Friday, February 4, 2011 at 9:00am at the MRGCD Administrative Office at 1931 Second Street, SW in Albuquerque, New Mexico. Due to the short notice of this conference, the project Page 4 of 25

5 manager will make every effort to accommodate interested contractors who cannot attend on February 4th on an alternate date. However, proposals will be accepted only from those who make a site visit with the project manager. The conference will also include a tour of the restoration site in Belen, NM. Meeting participants will carpool from the MRGCD Office to the sites. F. Other Requirements 1. Offeror an independent contractor: The successful offeror shall be deemed to be at all times an independent contractor, not an employee of MRGCD or any other entity associated with the project. 2. Not exclusive: This procurement is not an exclusive effort to provide services to MRGCD. MRGCD may obtain similar services by its employees and through contracts with other parties without regard to this procurement. There shall be no minimum amount of services or payment to be made as a result of this procurement. 3. Insurance: Throughout the term of this agreement, the successful offeror shall maintain in force at its sole expense: a). Commercial General Liability Insurance: Combined limits of liability for bodily injury or property damage as follows: $1,000,000...Per Occurrence $1,000,000...Policy Aggregate $1,000,000...Products Liability/Completed Operations $1,000,000...Personal and Advertising Injury b). Workers Compensation Insurance: In accordance with the provisions of the Workers Compensation Act of the State of New Mexico. 4. Indemnity: Contractor shall be liable for any and all bodily injuries and/or damages to the property of the MRGCD, Contractor or any third party arising from or by reason of the performance of Contractor s duties and obligations under this agreement. In addition, Contractor agrees to indemnify and hold harmless the MRGCD, its agents, directors, officers, and employees from any and all claims, demands, actions or suits of any nature by any third party that may arise as a result of this agreement. 5. Performance and payment bonds: When a construction contract is awarded in excess of twenty-five thousand dollars ($25,000), the following bonds or security shall be delivered to the state agency or local public body and shall become binding on the parties upon the execution of the contract. If a contractor fails to deliver the required performance and payment bonds, the contractor's bid shall be rejected, its bid security shall be enforced to the extent of actual damages. Award of the contract shall be Page 5 of 25

6 made pursuant to the Procurement Code [ NMSA 1978] in the following manner: (a) A performance bond satisfactory to the state agency or local public body, executed by a surety company authorized to do business in this state and said surety to be approved in federal circular 570 as published by the United States treasury department or the state board of finance or the local governing authority, in an amount equal to one hundred percent of the price specified in the contract; and (b) A payment bond satisfactory to the state agency or local public body, executed by a surety company authorized to do business in this state and said surety to be approved in federal circular 570 as published by the United States treasury department or the state board of finance or the local governing authority, in an amount equal to one hundred percent of the price specified in the contract, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract. G. Definition of Terms Used in this RFP "Close of Business" means 4:30 pm Mountain Standard or Mountain Daylight Time, whichever is in effect on the given date, Monday through Friday. "Contract" means a written agreement for the procurement of personal services. "Contractor" means a successful offeror who enters into a binding contract. "Determination" means the written documentation of a decision by the Procurement Manager including findings of fact supporting a decision. A determination becomes part of the procurement file. "Desirable" The terms "may", "can", "should", "preferably", or "prefers" identify a desirable or discretionary item or factor (as opposed to "mandatory ). "Finalist" is defined as an offeror who meets all the mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee. "Mandatory" The terms "must", "shall", "will", "is required", or "are required", identify a mandatory item or factor (as opposed to desirable ). Failure to meet a mandatory item or factor will result in the rejection of the offeror's proposal. "MRGCD" means the Middle Rio Grande Conservancy District. "Offeror" is any person, corporation, or partnership who submits a proposal. Page 6 of 25

7 "Procurement Manager" means the person or designee authorized by MRGCD to manage or administer a procurement requiring the evaluation of competitive sealed proposals: Jeanette Bustamante. "Project Manager" means the MRGCD staff person in charge of the project: Yasmeen Najmi or her designate. "Request for Proposals" or "RFP" means all documents, including those attached or incorporated by reference, used for soliciting proposals. "Responsible Offeror" means an offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services or items of tangible personal property described in the proposal. "Responsive Offer" or "Responsive Proposal" means an offer or proposal which conforms in all material respects to the requirements set forth in the request for proposals. Material respects of a request for proposals include, but are not limited to, price, quality, quantity or delivery requirements. SPECIFIC RESPONSIBILITIES A. Scope of this Procurement and Amendments to this RFP This procurement shall encompass this RFP, which includes the Specific Responsibilities above. Should any amendment to this RFP be deemed necessary, it will be distributed in writing to all recipients of the original RFP with a signature line for acknowledgment of the amendment. If an amendment requires a time extension, the proposal submission date will be changed as part of the written amendment. CONDITIONS GOVERNING THIS PROCUREMENT This section of the RFP contains the schedule for the procurement, describes the major procurement events and the conditions governing the procurement. A. Submittal of Proposal and Procurement Manager ONE ORIGINAL AND AT LEAST FIVE PAPER COPIES OF THE PROPOSAL SHALL BE SUBMITTED BY CLOSE OF BUSINESS ON FEB. 15, 2011 TO THE MRGCD PROCUREMENT MANAGER, MS. JEANETTE Page 7 of 25

8 BUSTAMANTE, AT THE ADDRESS BELOW. All deliveries via express carrier should be addressed to the MRGCD Procurement Manager responsible for the conduct of this procurement: Ms. Jeanette Bustamante, Administrative Officer Middle Rio Grande Conservancy District nd Street SW Albuquerque, NM ext. 329 All inquiries or requests regarding this procurement should be submitted to Ms. Bustamante in writing. B. Submission Schedule The Procurement Manager will make every effort to adhere the following schedule: Action Responsibility Date 1. Issue RFP MRGCD January 31, Submittal of Proposal Offeror February 15, Proposal Evaluation MRGCD by February 23, Notice of Award MRGCD March 1, Contract Negotiations MRGCD, Offeror As Necessary 6. Protest Deadline Offeror March 15, 2011 C. Explanation of Actions 1. Submission of Proposal: ONE ORIGINAL AND AT LEAST FIVE PAPER COPIES OF THE PROPOSAL MUST BE RECEIVED FOR REVIEW AND EVALUATION BY MRGCD NO LATER THAN 4:00 PM MOUNTAIN DAYLIGHT TIME ON FEBRUARY 15, Proposals received after this deadline will not be accepted. The date and time will be recorded on each proposal. Proposals must be addressed and delivered to Ms. Bustamante at the address listed above. Proposals must be sealed and labeled on the outside of the package to clearly indicate that they are in response to the MRGCD Request for Proposals for Belen Fire Restoration: Willow Swale Construction. Proposals submitted by facsimile will not be accepted. Offerors are asked to send an electronic copy of the complete proposal to Yasmeen Najmi, IN ADDITION TO THE PAPER COPIES OF THE PROPOSAL. A public log will be kept of the names of all offeror organizations that submitted proposals. Pursuant to Section NMSA 1978, the contents of any proposal shall not be disclosed to competing offerors prior to contract award. Page 8 of 25

9 2. Proposal Evaluation: (See Section J. Evaluation, below) The evaluation of proposals will be performed by MRGCD staff, and others with involvement in, and/or knowledge of, the project. During that time, MRGCD may initiate discussions with offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals, but proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the offerors. 3. Notice of Award: MRGCD will notify the successful offeror of the award on March 1, At that time, the final rankings of offerors for the project award, and all proposals that were submitted, will be open for public inspection for a period of 30 days. 4. Contract Negotiations: MRGCD and the successful offeror will begin contract negotiations as soon as possible after notice of award. A final project cost will be determined during contract negotiations. If contract negotiations are not finalized within a reasonable period of time, MRGCD may conclude negotiations with the selected firm and begin negotiations with the next responsible offeror. 5. Protests: In accordance with Section NMSA 1978, any offeror who is aggrieved in connection with the award of a contract may protest to the MRGCD. The protest must be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest to: Ms. Jeanette Bustamante, Administrative Officer Middle Rio Grande Conservancy District nd Street SW Albuquerque, NM ext. 329 Jeanette@mrgcd.com The 15-day protest period shall begin on the day following the date of notice of award from MRGCD. Protests must include the name and address of the protestant, the name of this solicitation, and a statement of grounds for protest, including appropriate supporting exhibits. Protests received after the deadline will not be accepted. D. General Requirements This procurement is being conducted in accordance with MRGCD and State procurement regulations. 1. Acceptance of Conditions Governing the Procurement: Offerors must indicate their acceptance of the Conditions Governing this procurement and all amendments to this RFP (if any) in their letter of transmittal of the proposal. Page 9 of 25

10 Submission of a proposal constitutes acceptance of the Evaluation Factors contained in Section V of this RFP. 2. Incurring Cost: Any cost incurred by the offeror in preparation, transmittal, presentation of any proposal or material submitted in response to this RFP shall be borne solely by the offeror. 3. Prime Contractor Responsibility: Any contract that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of the contract with the MRGCD. MRGCD will make contract payments to only the prime contractor. Contracts may only be modified by written amendment. 4. Subcontractors: Use of subcontractors must be clearly explained in the proposal, and ALL subcontractors and subcontractor personnel must be identified by name and have a current résumé included in the proposal. Changes in subcontractors must have prior approval from the MRGCD. The prime contractor shall be wholly responsible for the entire performance whether or not subcontractors are used. 5. Amended Proposals: An offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in a transmittal letter that accompanies the amended proposal. MRGCD personnel will not merge, collate, or assemble proposal materials. 6. Offerors' Rights to Withdraw Proposal: Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The offeror must submit a written withdrawal request signed by the offeror and addressed to Ms. Bustamante. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is at the discretion of Ms. Bustamante. 7. Proposal Offer Firm: Responses to this RFP, including proposal prices, will be considered firm for ninety (90) days after the due date for receipt of proposals or sixty (60) days after receipt of a best and final offer if one is submitted. 8. Disclosure of Proposal Contents: The proposals will be kept confidential until a contract is awarded. At that time, all proposals and documents pertaining to the proposals will be open to the public for 30 days, except for the material that is proprietary or confidential. The Procurement Manager will not disclose or make public any pages of a proposal on which the offeror has stamped or imprinted "proprietary" or "confidential" subject to the following requirements. Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal. Confidential data is normally restricted to confidential financial information concerning the offeror's organization and data that qualifies as a trade secret in Page 10 of 25

11 accordance with the Uniform Trade Secrets Act, 57-3A-1 to 57-3A-7 NMSA The price of products offered or the cost of services proposed shall not be designated as proprietary or confidential information. If a request is received for disclosure of data for which an offeror has made a written request for confidentiality, MRGCD shall examine the offeror's request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection for 30 days subject to any continuing prohibition on the disclosure of confidential data. 9. No Obligation: This procurement in no manner obligates the MRGCD to the use of any proposed professional services until a valid written contract is awarded and approved by MRGCD. 10. Termination: This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when MRGCD determines such action to be in the best interest of MRGCD. 11. Sufficient Appropriation: Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the contractor. The MRGCD's decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final. 12. Legal Review: The MRGCD requires that all offerors agree to be bound by the General Requirements contained in this RFP. Any offeror concerns must be promptly brought to the attention of Ms. Bustamante. 13. Governing Law: This procurement and any agreement with offerors that may result shall be governed by the laws of the State of New Mexico. 14. Basis for Proposal: Only information supplied in this RFP should be used as the basis for the preparation of offeror proposals. 15. Contract Terms and Conditions: The contract between MRGCD and a contractor will follow the format specified by MRGCD and the terms and conditions set forth in the New Mexico State Procurement Code, (Section through Section NMSA 1978). However, MRGCD reserves the right to negotiate with a successful offeror for provisions in addition to those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful offeror's proposal will be incorporated into and become part of the contract. Should an offeror object to any of the MRGCD's terms and conditions, that offeror must propose specific alternative language. MRGCD may or may not accept the alternative language. General references to the offeror's terms and conditions or attempts at complete substitutions are not acceptable to MRGCD and will result in disqualification of the offeror's proposal. Offerors must provide a Page 11 of 25

12 brief discussion of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording. 16. Offeror's Terms and Conditions: Offerors must submit with the proposal a complete set of any additional terms and conditions which they expect to have included in a contract negotiated with MRGCD. 17. Contract Deviations: Any additional terms and conditions, which may be the subject of negotiation, will be discussed only between MRGCD and the selected offeror and shall not be deemed an opportunity to amend the offeror's proposal. 18. Offeror Qualifications: MRGCD may make such investigations as necessary to determine the ability of the offeror to adhere to the requirements specified within this RFP. MRGCD will reject the proposal of any offeror who is not a responsible offeror or fails to submit a responsive offer as defined by the conditions of this RFP. 19. Right to Waive Minor Irregularities: MRGCD reserves the right to waive minor irregularities. MRGCD also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the mandatory requirements and/or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of MRGCD. 20. Change in Contractor Representatives: MRGCD reserves the right to require a change in contractor representatives if the assigned representatives are not, in the opinion of the MRGCD, meeting its needs adequately. 21. Notice: The Procurement Code, Sections through NMSA 1978, imposes civil and misdemeanor criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kick-backs. 22. Agency Rights: MRGCD reserves the right to accept all or a portion of an offeror's proposal. 23. Right to Publish: Throughout the duration of this procurement process and contract term, the contractor is encouraged to publish, after securing written approval from MRGCD, articles or other information that pertains to the work accomplished under the contract. Offerors not selected may not publish any information related to this procurement without written permission from MRGCD. Failure to adhere to this requirement may result in disqualification of the offeror's proposal or termination of the contract. 24. Ownership of Proposals: All documents submitted in response to the RFP shall be returned to the offerors after the expiration of the protest period ONLY upon written request from the offeror to Ms. Bustamante. Otherwise, all Page 12 of 25

13 documents associated with this RFP and proposals submitted in response to it will become the property of the MRGCD. 25. Electronic mail address: Communications regarding this procurement will be conducted by electronic mail ( ). Offeror must have or have access to a valid address to receive this correspondence. 26. Use of Electronic Versions of this RFP: This RFP is being made available by electronic means. If accepted by such means, the offeror acknowledges and accepts full responsibility to insure that no changes are made to the RFP. In the event of conflict between a version of the RFP in the offeror s possession and the version maintained by MRGCD, the version maintained by MRGCD shall govern. A. Number of Responses RESPONSE FORMAT AND ORGANIZATION Offerors shall submit only one proposal on paper and at least five paper copies of that proposal. Offerors shall also submit one electronic version of the proposal to the Project Manager. B. Number of Copies Offerors shall deliver one original and at least five identical paper copies of their proposal. C. Proposal Format All proposals must be typewritten or printed in black and white on standard 8 1/2 x 11 paper (larger paper is permissible for charts, spreadsheets, etc.). Color pictures or graphs are strongly discouraged, as they may not copy well and thus may detract from the quality of the proposal. 1. Proposal Organization: The proposal must be organized and indexed in the following format and must contain, as a minimum, all listed items in the sequence indicated. a. Letter of Transmittal b. Response to Conditions Governing this Procurement of this RFP c. Response to MRGCD Terms and Conditions d. Offeror's Additional Terms and Conditions e. Other Supporting Material Page 13 of 25

14 Within each section of their proposal, offerors should address the items in the order in which they appear in this RFP. All discussion of proposed costs, rates or expenses must occur only in section a. Any proposal that does not adhere to these requirements may be deemed non-responsive and rejected on that basis. A proposal summary may be included by an offeror to provide MRGCD with an overview of the technical and business features of the proposal. However, this material may not be used in the evaluation process. Offerors may attach other materials that they feel may improve the quality of their responses. 2. Letter of Transmittal: Each proposal must be accompanied by a letter of transmittal. The letter of transmittal must: a) identify the submitting individual or organization; b) identify the name, telephone number, and address if available, of the person authorized to contractually obligate to negotiate the contract, and person to be contacted for clarification of the proposal; c) explicitly indicate acceptance of the Conditions Governing this procurement stated in this RFP; d) be signed by the person authorized to contractually obligate; e) acknowledge receipt of any and all amendments to this RFP. SPECIFICATIONS Offerors should respond in the form of a thorough narrative to each requirement or specification of this RFP. The narratives along with required supporting materials will be evaluated accordingly. a. Mandatory Specifications 1. Experience and technical background: Offerors must submit a statement of relevant experience, including how the offeror has performed similar work for other clients. Offerors must demonstrate in interviews and through personal references an ability to work and communicate well with managerial and technical staff of the MRGCD. Offerors must include in their proposals documentation of their knowledge of survey administration, and other relevant skills. Offerors should cite in their Page 14 of 25

15 proposal all professional certifications and educational credentials, and should include descriptions of work performed for other clients. 2. References: Proposals must include at least three (3) references from clients who received services similar to those being offered. In addition, three (3) similarly relevant references must be submitted for each proposed subcontractor. The minimum information that must be provided about each reference: a. Name, address, and phone number, and address of contact person; b. Type of services provided and dates services were provided. 3. Offeror Staff Experience: Offerors must submit a resume for the senior person of their project team, and describe the qualifications of all other personnel. 4. Offeror Staff References: One external reference for each proposed staff member must be provided, including the information specified above under 2. a. and b. 5. Cost: Offerors must propose a total project cost and the cost of each component of that total. New Mexico gross receipts taxes shall be shown separately on each invoice. The actual Contractor's total cost will be negotiated, based upon the Specific Responsibilities and available funding. a. Evaluation Process J. EVALUATION The evaluation process will consist of review of each proposal by MRGCD staff and possibly a panel of outside professionals familiar with riparian restoration. Proposals will be ranked based upon their response to all of the provisions of this RFP. 1. All offeror proposals will be reviewed for compliance with the mandatory requirements in the RFP. Proposals deemed non-responsive to those requirements will be eliminated from further consideration. 2. MRGCD may contact the offeror for clarification of the proposal as specified above. 3. MRGCD may use multiple sources of information to perform the evaluation, at the sole discretion of MRGCD. Page 15 of 25

16 4. Finalist offerors may be asked or choose to submit revised proposals for the purpose of obtaining best and final offers. The responsible offeror whose proposal is most advantageous to MRGCD will be recommended for contract award as specified above. Please note, however, that a serious deficiency in the response to any one factor may be grounds for rejection. b. Scoring The proposal evaluation may include the use of the following or a similar point system. 40 points: General description of the offeror and the offeror's qualifications to provide the services described in the Specific Responsibilities, including the ability of the offeror to meet the logistical requirements of the project. 30 points: Past record of performance on contracts for similar work, with respect to such factors as control of costs, quality of work and ability to meet schedules; references; relationships with other public or private clients that relate to the project. 20 points: Narrative evaluation and description of how the contractor will manage the accomplishment of the Specific Responsibilities. 10 points: Quality and responsiveness of proposal K. NOTICE 1. This request for proposals may be cancelled at the sole discretion of the MRGCD, and any and all proposals may be rejected in whole or in part when it is in the best interest of the MRGCD to do so. 2. The Procurement Code, NMSA 1978, Sections through , imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks. 3. The MRGCD is an equal opportunity provider and employer. Page 16 of 25

17 APPENDIX 1 CAMPAIGN CONTRIBUTION DISCLOSURE FORM Pursuant to NMSA 1978, (2006), any person seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period. Furthermore, the state agency or local public body shall void an executed contract or cancel a solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law. THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. Campaign Contributions 1 of 3 Page 17 of 25

18 The following definitions apply: Applicable public official means a person elected to an office or a person appointed to complete a term of an elected office, which has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal. Campaign Contribution means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official s behalf for the purpose of electing the official to either statewide or local office. Campaign Contribution includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee. Family member means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law. Pendency of the procurement process means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals. Person means any corporation, partnership, individual, joint venture, association or any other private legal entity. Prospective contractor means a person who is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person qualifies for a sole source or a small purchase contract. Representative of a prospective contractor means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor. Name(s) of Applicable MRGCD Public Official(s) (Chris Sichler, Adrian Ogelsby, Derrick Lente, Karen Dunning, Augusta Meyers, Eugene Abeita, Janet Jarratt) Page 18 of 25

19 Campaign Contributions 2 of 3 DISCLOSURE OF CONTRIBUTIONS: Contribution Made By: Relation to Prospective Contractor: Name of Applicable MRGCD Public Official: Date Contribution(s) Made: Amount(s) of Contribution(s): Nature of Contribution(s): Purpose of Contribution(s): (Attach extra pages if necessary) Signature Date Title (position) --OR NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative. Signature Date Title (position) Page 19 of 25

20 Campaign Contributions 3 of 3 Page 20 of 25

21 APPENDIX 2 SUSPENSION AND DEBARMENT REQUIREMENT CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT AND OTHER RESPONSIBILITY MATTERS The entering of a contract between Middle Rio Grande Conservancy District (MRGCD) and the successful Offeror pursuant to this RFP is a covered transaction, as defined by 45 C.F.R. Part 76. MRGCD s contract with the successor Offeror shall contain a provision relating to debarment, suspension, and responsibility substantially in the form contained in Article 39 of Attachment D. All Offerors must provide as a part of their proposals a certification to MRGCD in the form provided below. Failure of an Offeror to furnish a certification or provide such additional information as requested by the Procurement Manager for this RFP will render the Offeror non-responsible. Furthermore, the Offeror shall provide immediate written notice to the Procurement Manager for this RFP if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Although MRGCD may review the veracity of the certification through the use of the federal Excluded Parties Listing System or by other means, the certification provided by the Offeror in paragraph (a), below, is a material representation of fact upon which MRGCD will rely when making a contract award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to MRGCD, MRGCD may terminate the contract resulting from this request for proposals for default. The certification provided by the Offeror in paragraph (a), below, will be considered in connection with a determination of the Offeror's responsibility. A certification that any of the items in paragraph (a), below, exists may result in rejection of the Offeror s proposal for nonresponsibility and the withholding of an award under this RFP. If the Offeror s certification indicates that that any of the items in paragraph (a), below, exists, the Offeror shall provide with its proposal a full written explanation of the specific basis for, and circumstances connected to, the item; the Offeror s failure to provide such explanation will result in rejection of the Offeror s proposal. If the Offeror s certification indicates that that any of the items in paragraph (a), below, exists, MRGCD, in its sole discretion, may request, that the U.S. Department of Health and Human Services grant an exception under 45 C.F.R and if MRGCD believes that the procurement schedule so permits and an exception is applicable and warranted under the circumstances. In no event will MRGCD award a contract to an Offeror if the requested exception is not granted for the Offeror. (a)(1) By signing and submitting a proposal in response to this RFP, the Offeror certifies, to the best of its knowledge and belief, that: (i) The Offeror and/or any of its Principals- (A) Are are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal department or agency; (B) Have have not, within a three-year period preceding the date of the Offeror s proposal, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public Page 21 of 25

22 (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; (C) Are are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(b) of this certification; (D) Have have not within a three-year period preceding the date of Offeror s proposal, had one or more public agreements or transactions (Federal, State or local) terminated for cause or default; and (E) Have have not been excluded from participation from Medicare, Medicaid or other federal health care programs pursuant to Title XI of the Social Security Act, 42 U.S.C. 1320a-7. (ii) "Principal," for the purposes of this certification, shall have the meaning set forth in 45 C.F.R and shall include an officer, director; owner, partner, principal investigator, or other person having management or supervisory responsibilities related to a covered transaction. Principal also includes a consultant or other person, whether or not employed by the participant or paid with Federal funds, who: is in a position to handle Federal funds; is in a position to influence or control the use of those funds; or occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction. (iii) For the purposes of this certification, the terms used in the certification, such as covered transaction, debarred, excluded, exclusion, ineligible, ineligibility, participant, and person have the meanings set forth in the definitions and coverage rules of 45 C.F.R. Part 76. (iv) Nothing contained in the foregoing certification shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. OFFEROR: SIGNED BY: TITLE: DATE: Page 22 of 25

23 Project site approximately ¼ mile south of Reinken Road in Belen, NM. <Double-click to enter text> <Double-click to enter title> <Double-click to enter text> <Double-click to enter text> <Double-click to enter text> Belen Bosque Restoration Site Meters Page 23 of 25

24 Example Willow Swale Schematic using Trenchs not Augering Page 24 of 25

25 Map of proposed willow swale project area Page 25 of 25