Bidding Opportunity
**The due date for this bidding opportunity has passed**

Cal-Wood Fire Infrastructure Protection Design-Build Project

Due Date: 04/12/2021 10:00 am
Bidding Number: RFP #7221-21
Bidding Categories: Parks and Open Space
Pre-bid Date and Time: 03/25/2021 4:30 pm
Pre-bid Location:

OPTIONAL PRE-BID ON-SITE MEETING:

Interested Parties should contact the Boulder County Purchasing Department at purchasing@bouldercounty.org to reserve a place, reserved spaces will be on a first-come, first-serve basis.

Reservations will only be taken beginning on MARCH 24, 2021 through the end of business, 4:30 p.m., on MARCH 25, 2021.

Other Comments:

BACKGROUND:

Boulder County Parks and Open Space (BCPOS) is seeking proposals from qualified and experienced Design-Build Teams of Consultants and Contractors to select and implement a suite of mitigation measures to capture debris and slow mud flows from moderate and high severity burned lands. During the construction period it may also be necessary to conduct restoration activities should a debris flow occur during that time frame. The project requires Consultants and Contractors who are specifically experienced in fire-impacted landscapes and fully qualified to construct mitigation and restoration measures in high-risk environments.

There are three (3) addresses that illustrate approximate locations of potential work, all located on Boulder County’s Heil Valley Ranch open space (1 Geer Canyon Drive) accessed from Geer Canyon Drive north of Lefthand Canyon Drive.

  1. The first work site location is approximately 4000 Geer Canyon Drive;
  2. The second location is the Main Trailhead or North/Upper Parking Lot located at 1188 Geer Canyon Road;
  3. The third location is near the Corral Trailhead or South/Lower Parking Lot at 257 Geer Canyon Road.

The Cal-Wood Fire began on October 17, 2020 and burned approximately 10,112 acres of private, County, State, and Federal land. See Attachment A for the fire location within Boulder County, Colorado north of Lefthand Canyon Drive. The project area is the Geer Watershed, a sub-watershed of Left Hand Creek.

To address concerns of post-fire flooding, debris flows, and erosion, the County has entered into a Cooperative Agreement, Emergency Watershed Protection (EWP) program with the Natural Resources Conservation Service (NRCS) to provide emergency stabilization and infrastructure protection to the most at-risk areas due to conditions created by fire.

The selected Contractor will complete all aspects of the project including final invoice submittal between the date of the Notice to Proceed and August 31, 2021 with Construction to start in April or as soon as permits allow. The selected Contractor will be responsible for all aspects of the project.

CONTRACT LANGUAGE:

The budget listed in the Cooperative Agreement, Emergency Watershed Protection (Attachment H) in this RFP is the total budget for all tasks associated with the EWP funded fire recovery project, including not only hazard tree removal, aerial mulching and mastication, but the construction of channel structures, a sediment catchment basin, upgrades to an early warning system and rain gauges, and other associated costs. The county will release separate solicitations for multiple projects.

The selected contractor will be required to enter into a Contract for Services. Tasks requiring engineering/design reports and/or plans shall be completed and stamped by the appropriately licensed Professional Engineer and/or Landscape Architect. All Engineers and Landscape Architects must be currently licensed with the State of Colorado. All construction must be supervised by a qualified contractor with experience working in fire-impacted landscapes, this must be evident in the submittals attached to the bid, in particular the resumes, references and project history.

The selected contractor will be required to meet all insurance requirements as required prior to any work beginning. The Project will commence only after a Notice to Proceed has been issued by the County. Only the Primary Contractor is responsible for meeting the insurance requirements listed in this RFP and those listed in the EWP Cooperative Agreement.

All proposers are instructed to thoroughly review all the stated insurance requirements for this Project, the insurance requirements stated are the minimum and standard for Boulder County Government, for this Project. All hired contractors are required to meet the insurance requirements, as stated, for contracted services as part of the Boulder County contracting process. Owner/Sole Proprietors/Officer are not Exempt from the county’s insurance requirements and coverage limits. Only the Primary Contractor is responsible for meeting the insurance requirements listed in this RFP and those listed in the EWP Cooperative Agreement.

The evaluation of the qualifications shall be based on the requirements described in this RFP. All properly submitted qualifications will be reviewed, evaluated, and selected by the Selection Committee.

Boulder County reserves the right to reject submittals that do not include evidence of prior experience and current capabilities, including manpower and equipment, necessary to provide the required services and to successfully complete this type of work.

In the event the selected contractor is unable to commence work as agreed to, the Boulder County Commissioners may rescind the bid award and proceed to award the contract to another proposer based on the RFP, re-bid the work, or proceed in any lawful manner the County deems necessary.

Upon commencement of the Project, the County reserves the right to issue a Stop Work Order for any reason, in writing, as determined by the County, in its sole discretion. In the event a Stop Work Order is issued, work may only resume upon written notification of a Notice to Proceed from the County.

BOULDER COUNTY BID AWARD:

Boulder County requires the formality of issuing a formal bid award for this Project. The Boulder County Board of County Commissioners are required to approve the Project Bid Award, in a public meeting, prior to processing a contract for services. A period of ten (10) days follows in which the county is required to adhere to the Boulder County Appeals Process.

PROJECT FUNDING REQUIREMENTS:

This project is supported by a Cooperative Agreement with the United States Department of Agriculture, Natural Resources Conservation Service (NRCS) Emergency Watershed Protection (EWP) program. Award Identifying Number NR218B05XXXXC004; CFDA# 10.923; Authority 33 U.S.C. 701b-1. Any associated contract will be subject to the terms and conditions of this Cooperative Agreement and the EWP program requirements. All aspects of this Project including administrative tasks, close out items and funding requests are required to be completed by September 9, 2021. Full compliance with the Cooperative Agreement is required, including, but not limited to:

The selected contractor shall execute the attached Natural Resources Conservation Services (NRCS), Ft. Collins, Colorado Service, Emergency Watershed Protection Program Requirements for Procurement Contracts Addendum as part of any contract with the County, and comply with all NRCS requirements set forth in that addendum.

The Project shall be completed in compliance with the Contract documents prepared by the County and with all Federal and State regulations.

The Submittal Checklist gives a complete list of additional documentation required for evaluation of the Proposals in addition to General Bid Information.

The selected contractor will comply with all state and local licensing requirements, including but not limited to, filing the State of Colorado Statement of Foreign Entity Authority paperwork, if contractor is not a Colorado company.

The selected contractor will be required to be in good standing with the Federal Government, any agency that is not in compliance or in violation of Federal law will not be considered by Boulder County. Boulder County will not conduct business with any entities listed on the Federal Debarment Checklist.

Boulder County is an Equal Opportunity Employer and no otherwise qualified individual and/or company shall be subject to discrimination on the basis of race, color, religion, creed, national origin, ancestry, sex, age, sexual orientation (incl. transgender status), physical or mental disability, marriage to a co-worker and retaliation for engaging in protected activity (opposing a discriminatory practice or participating in an employment discrimination proceeding) in any phase of employment or selection for this Project.

Boulder County and duly authorized officials of the State and Federal government shall have full access and the right to examine any pertinent documents, papers, records and books of the Contractors involving transactions related to this local program and contract.

This is a Federally funded disaster Project, the Colorado Unified Certification Program and the Minority Business Development Agency and the Minority Business Office shall be included when soliciting proposals.

  • 200.321 Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms.
  • The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.
  • Affirmative steps must include:
  • Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
  • Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;
  • Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;
  • Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;
  • Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
  • Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

OSHA Compliance. Contractors on NRCS assisted projects shall perform their work in accordance with OSHA regulations, NRCS Supplement to OSHA Parts 1910 and 1926, and the Contract Work Hours and Safety Standards Act (40 USC 3701-3708) as supplemented by Department of Labor regulations (29 CFR Part 5).

Debarment and Suspension (Executive Orders 12549 and 12689). Contractor attests that it is not listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Copeland “Anti-Kickback” Act (40 U.S.C. 3145). Contractor must fully comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). Pursuant to the Act, Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The County shall report all suspected or reported violations of the Copeland “Anti-Kickback” Act to the Federal awarding agency.

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Contractor must fully comply with the Contract Work Hours and Safety Standard Act (40 U.S.C. 3701-3708), including 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contract is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Davis Bacon Act.

This is not applicable to this Project.

SAM.GOV (System for Award Management) REGISTRATION:

A copy of your business’ registration in sam.gov submitted with your PROPOSAL is required.

DUNS NUMBER:

A copy of your business’ DUNS number submitted with your PROPOSAL is required.

CERTIFICATE OF GOOD STANDING:

A copy of your business’ State issued certificate submitted with your PROPOSAL is required. Contractor shall be authorized to do business in the State of Colorado and shall provide the county a current Certificate of Good Standing evidencing such authorization. Furthermore, contractor shall be responsible for all applicable sales and employment taxes.

PAYMENT AND INVOICING:

Payment will be processed based upon work completed, inspected and approved by the County. Please refer to Section County Inspections and Payment for additional information. Invoices are paid Net 30 upon acceptance of work by County and submittal of approved invoices. The County does not have any prevailing wage requirements for this Project.

Final payment of required held retainage will be paid upon satisfaction of the required Notice of Final Settlement. It is anticipated that five percent (5%) will be held on each invoice submitted.

Contractor shall submit, in writing, to Boulder County, a request for payment. Invoices shall be submitted on company letterhead and include, but not limited to, depending on the activity completed, designated project name, date(s), type of work performed and should contain sufficient information detailing all expenses. Additionally, all invoices should contain the current date, invoice number, amount due and current return address. Contractors will also include any assigned Purchase Order numbers issued for the project and this Request for Proposal solicitation number.

BID BOND:

A bid guarantee from each bidder equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified.

Due to COVID-19 Boulder County offices remain closed to the Public, therefore, Bidders should scan the bid bond, certified check or other negotiable instrument to be included with their Bid submittal AND mail the actual bid bond, certified check, or other negotiable instrument, postmarked no later than the date of the bid deadline. Bid bond, certified check or other negotiable instrument that are postmarked after the deadline will not be accepted and the bid will be rejected as incomplete.

PAYMENT BOND AND PERFORMANCE BOND:

This Project is classified as a Design – Build Project, therefore, the Payment Bond and the Performance Bonds will be collected only on the construction amount. The Payment Bond and the Performance Bond are each required to equal 100% of the construction costs as out lined in the bid tab section. Bidders may include the cost of this bonding into the total proposed cost. The bonds, for the construction amount only, are due once the Bid Award is completed and prior to the execution of the contract.

The selected contractor will be required to submit the actual bonds to the County either in-person or by mail delivery. The contract will not be executed until the submitted bonds are received, verified and approved by the County, in writing.

Retainage on all approved invoices submitted and a Notice of Final Settlement posting will be required for this Project prior to the release of the secured bonds.

OPTIONAL PRE-BID ON-SITE MEETING:

Interested Parties should contact the Boulder County Purchasing Department at purchasing@bouldercounty.org to reserve a place, reserved spaces will be on a first-come, first-serve basis.

Reservations will only be taken beginning on MARCH 24, 2021 through the end of business, 4:30 p.m., on MARCH 25, 2021.

All interested Parties, that timely request to participate in the optional Pre-BID, on-site project tour, will be permitted access to the project sites. A limited number of reservations will be accepted. Contractors are advised to make a reservation early in order to participate. The date, time and location of the Pre-BID meeting will be disclosed only to registered participants. No additional access to the project sites will be offered and/or granted by the County and access is strictly prohibited. The Pre-BID will last approximately three (3) hours and consist of driving and hiking to impacted project areas. Only two (2) designated representatives from a company will be scheduled and permitted to attend. All participants are required to sign a Waiver and Release Agreement upon reserving a space. All participants will be provided a copy of the County’s Pre-BID safety plan.

The County will not provide transportation to project sites. Contractors are advised 4-wheel drive vehicles are required to be able to safely access all project sites. PPE requirements are addressed in the Safety Plan, participants are required to wear an OSHA approved hard hat and appropriate boots.

Due to the importance of the project and budgetary restraints, all interested Parties are strongly encouraged to attend the Pre-BID meeting to ensure the submittal of a complete proposal. Change order requests due to incomplete proposals or a miscalculation of required tasks by the selected contractor will not be entertained by the County and will be the sole financial responsibility of the selected contractor to complete the Project.

Boulder County reserves the right to decline a request for proposal withdrawal (claim of error) based on a proposer’s failure to view the project site as encouraged by the County.

Attending the optional Pre-BID on-site viewing is not mandatory nor is it required to submit a proposal for the project, but instead, is highly encouraged.

Questions regarding additional information not covered in this Request for Proposal or additional questions not answered at the Pre-BID, are to be directed to purchasing@bouldercounty.org, in writing.

The county will post the answers to the submitted written questions in a posted, bid addenda, as directed, in this Request for Proposal.

Boulder County adheres to the Colorado State Department of Public Health & Environment guidelines as well as the guidelines set forth by the Boulder County Health Department as related to the COVID-19 pandemic, therefore, a limit of only two (2) people from individual companies may attend the meeting. For the safety of all potential proposers attending and staff, if you have recently been in close contact with anyone who has contracted COVID-19 or are experiencing symptoms, please refrain from attending.

Additional requirements are as follows:

  1. Information will not change hands.  No documents, writing instruments, business cards, sign in sheets, etc.;
  2. All participants are required to wear face coverings;
  3. All participants are required to maintain at least 6 feet of physical distancing at all times;
  4. Participants will be allowed to take photos or videos of the site in order to review with sub-contractors or reference for proposal submission.

Please note that the County may reschedule the optional Pre-BID, terminate or modify the process at any time due to changing circumstances related to the current COVID-19 pandemic.

The County representatives will remain onsite for the duration of the site visits and leave only after the interested Party representatives have left the site. Access without County supervision is strictly prohibited.

ATTACHMENTS:

The following documents are part of this RFP:

  1. Attachment A: Cal-Wood Fire Location Overview Map
  2. Attachment B: Cal-Wood Estimated Structure Locations Overview
  3. Attachment C: Cal-Wood Slope and Burn Severity
  4. Attachment D: Cal-Wood Est. Structure Locations West
  5. Attachment E: Cal-Wood Est. Structure Locations North
  6. Attachment F: Cal-Wood Est. Structure Locations Middle
  7. Attachment G: Cal-Wood Est. Structure Locations South
  8. Attachment H: NRCS EWP Agreement
  9. Attachment I: NRCS EWP Addendum
  10. Attachment J: USDA Terms and Conditions
  11. Attachment K: Procurement Standards 2 CFR § 200.317 through §200.326
  12. Attachment L: Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
  13. Attachment M: Contracting Local Organization Certification
  14. Attachment N: Special Provisions Construction
  15. Attachment O: OSHA 1910 & 1926
  16. Attachment P: Pre-Bid Waiver
  17. Attachment Q: Sample Landowner Permission Form
  18. Attachment R: NRCS EWP Example of Plans/Specifications
  19. Attachment S: Partial County Technical Specifications
  20. Attachment T: Sample Contract

Please use the link below to access the attachments:

https://www.dropbox.com/sh/ud8j9m1g30r82qo/AAC19-vMeFlz49NpDP8LHDBpa?dl=0

WRITTEN INQUIRIES:

All inquiries regarding this RFP will be submitted via email to the Boulder County Purchasing Office at purchasing@bouldercounty.org on or before 2:00 p.m. APRIL 1, 2021. A response from the county to all inquiries will be posted and sent via email no later than APRIL 5, 2021.

Please do not contact any other county department or personnel with questions or for information regarding this solicitation.

SUBMITTAL INSTRUCTIONS:

Submittals are due at the email box only, listed below, for time and date recording on or before 2:00 p.m. Mountain Time on APRIL 8, 2021.

RFP #7221-21

The attached addendum supersedes the original Information and Specifications regarding RFP# 7221-21 where it adds to, deletes from, clarifies or otherwise modifies. All other conditions and any previous addendums shall remain unchanged.

Please note: Due to COVID-19, BIDS will only be accepted electronically by emailing purchasing@bouldercounty.org.

The attached addendum supersedes the original Information and Specifications regarding RFP# 7221-21 where it adds to, deletes from, clarifies or otherwise modifies. All other conditions and any previous addendums shall remain unchanged.

ATTENTION BIDDERS:

The submittal date and time is amended and extended from April 8, 2021 at 2:00 p.m. to April 12, 2021 at 10:00 a.m.

Please note: Due to COVID-19, BIDS will only be accepted electronically by emailing purchasing@bouldercounty.org.

RFP #7221-21 Addendum 2