4-RFB 39-26-SS - On-Call Aquatics Services - 02.19.2026 Revised.docx

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Attached to
On-Call Aquatics Services State and local contract opportunity
Solicitation number
RFB 39-26-SS
Issued by
Bernalillo County, New Mexico

About this file

This is a Request for Bids (RFB) issued by the County of Bernalillo, New Mexico, Parks, Recreation and Open Space Department's Aquatics Division for on-call commercial swimming pool services. The County operates two indoor aquatic facilities, six outdoor facilities, and two splash pads, with one additional splash pad to be added within the next few years. The scope of work includes maintenance, repairs, reconditioning, and pool service across all aquatics-operated facilities, encompassing services such as acid washing, plaster repair and replacement, tile repair and replacement, concrete deck repair and replacement, bead blasting, specialty surfacing, and general pool repairs and maintenance. Pricing will be submitted on a firm fixed-price basis with unit prices for various services including hourly rates for technicians, mechanics, plumbers, plaster technicians, assistant technicians, tile setters, and laborers. The deadline for bid submission is March 13, 2026, at 2:00 p.m. Mountain Time through the County's eProcurement system. The resulting agreement will have an initial term of four years with the option to extend for two additional years, with the County reserving the right to award to multiple contractors or a primary and secondary contractor.

Bidders must submit a 5% bid bond, comply with all formal submittal requirements, and include a Pay Equity Reporting Form with their bid submission. Minimum qualifications include possession of a General Contractors License (GB98) and a requirement to have successfully engaged in commercial swimming pool construction, pool plastering, and maintenance for at least five years, with demonstrated experience performing re-plastering and acid washing on at least eight pools of similar size within the past five years. Bidders must provide at least three commercial pool references from the past five to seven years. The County reserves the right to apply state and local preferences, including Resident Business (5%), Native American Resident Business (8%), State Resident Veteran Business (10%), Local Business (5%), Small Business (5%), and Pay Equity Business (5%) preferences, with total preference limitations not exceeding 18% and county preference dollar limitations capped at $180,000. All bids must include liability insurance, workers' compensation coverage, and compliance with applicable federal, state, and local laws. Payment will be made within 30 days of invoice receipt upon completion of work deemed satisfactory by the County.

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COUNTY OF BERNALILLO

STATE OF NEW MEXICO

INVITES YOUR FIRM TO OFFER A BID ON:

RFB # 39-26-SS

AS SPECIFIED IN THE ATTACHED BID DOCUMENTS.

Deadline for Receipt of Bids: March 13, 2026, at 2:00 p.m. (Mountain Time) The County eProcurement System will not allow Bids to be submitted after this date and time.

FIRM NAME

STREET ADDRESS/P.O. BOX

CITY, STATE, ZIP CODE

______________________________________________________________________________________TELEPHONE NUMBER E-MAIL ADDRESS FAX NUMBER

DEFINITIONS

This section contains definitions that are used throughout this Request for Bids (RFB), including appropriate abbreviations.

“Agreement” means any contract for the procurement of items of tangible personal property, services or construction.

“Addendum” means an addition or supplement to the RFB document, for example, items or information added to the RFB.

“Award of Contract” shall mean a formal written notice by the Purchasing Section.

“Bidder” means one who submits a response to an invitation for Request for Bid (RFB).

“Contractor” shall mean successful Bidder.

“County” shall refer to the County of Bernalillo, New Mexico.

“Central Purchasing Office” means the County Purchasing Section.

“County Purchasing Section” of the Procurement and Business Services Department, means the purchasing agent for the County of Bernalillo, New Mexico, or a designated representative thereof.

“Firm Fixed Price Contract” means a contract which has a fixed total price or fixed unit prices.
“Indefinite Quantity Contract” means a contract which requires the Contractor to furnish an indeterminate quantity of specified services, items of tangible personal property or construction during a prescribed period of time at a definite unit price or at a specified discount from list of catalogue prices.
“Local Business Preference” means a business that holds a valid Resident Native American Business/Contractor certificate issued by the State of New Mexico Taxation and Revenue Department and maintains an office and place of business in Bernalillo County, which is staffed and open to the public on a regular basis. If necessary, the County may seek additional information or proof to verify eligibility for the Local Business Preference, pursuant to §13-1-22 NMSA 1978 and Ordinance §2-367.
“Multiple Source Award” means an award of an indefinite quantity contract for one or more similar services, items of tangible personal property or construction to more than one Bidder.

“Pay Equity Preference” means any business that maintain a zero percent (0%) deviation between the salaries paid to men and salaries paid to women for comparable positions, as reported in the Pay Equity Reporting form that has been submitted by the Offeror.

“Preference Limitations” is the total amount of all preferences applied including the applicable State of New Mexico preferences, for the purchase of Tangible Personal Property, Services or Construction in any single award shall not exceed 18%, with the limit on State of New Mexico preferences as set forth under the New Mexico State Procurement Code. When applying the Bernalillo County preferences as set forth in Ordinance §2-367, the total dollar amount of Bernalillo County preferences shall never exceed $180,000.00.

“Pre-bid Conference” means a meeting held with prospective Bidders prior to solicitation of bids, to clarify any ambiguities, answer Bidder questions, and ensure all Bidders have a common basis of understanding regarding the items of tangible personal property or services required.
“Purchase Order” means the document issued by the Purchasing Section, which directs a Contractor to deliver items of tangible personal property or services pursuant to the Award of a Contract.
“Request for Bids” or “RFB” means all documents, including those attached or incorporated by reference, used for soliciting bids.

“Resident Business/Contractor Preference” means a business that has a valid resident or Native American business certificate issued by the taxation and revenue department pursuant to §13-1-22 NMSA 1978 but does not include a resident veteran business.

“Resident Veteran Business/Contractor Preference” means a business that has a valid resident or Native American veteran business certificate issued by the taxation and revenue department pursuant to §13-1-22 NMSA 1978.

“Responsible Bidder” means a business entity or individual who has the ability to fulfill the solicitation expectations and requirements, including but not limited to financial and technical capacity to perform the requirement of the solicitation and subsequent Contract; “Responsive Bid” means a Contractor, business entity or individual who has submitted a bid or proposal that fully conforms in all material respects to the Request for Bids and all of its requirements including all form and substance.

“Small Business Preference” means a business that has a Local Business Preference eligibility documentation as well as an affidavit from a Certified Public Accountant (CPA) affirming that the business employs an average of fewer than 50 full-time employees in a calendar year. Ordinance §2-367.

“Specifications” means a description of the physical or functional characteristics or of the nature of items of tangible personal property, services or construction. “Specifications” may include a description of any requirement for inspecting or testing, or for preparing items of tangible personal property, services or construction for delivery.

FORMAL BID

SUBMITTAL REQUIREMENTS

THE REQUIREMENTS CHECKED BELOW APPLY TO THIS BID. FAILURE TO COMPLY WITH THE STATED REQUIREMENTS MAY RESULT IN IMMEDIATE DISQUALIFICATION.

Nothing herein is intended to exclude any responsible bidder or in any way restrain or restrict competition. All responsible bidders are encouraged to bid and their bids are hereby solicited.

X
Please acknowledge receipt of Addendum (if applicable) by initialing next to the number of Addendum received. 1. _______ 2. _______ 3. _______ 4. _______
X
This procurement is subject to the Application of Preferences pursuant to §13-1-21 and §13-1-22, NMSA 1978 and the County Ordinance §2-367. See page 26-27 for further details.
X
Bid must be accompanied by a bid bond in the amount of 5% of the total bid. Note: the bond must be provided by a surety, authorized to do business in the State of New Mexico. Only an original bond will be accepted.
X
Bidder shall disclose any conflict of interest in writing and submit the information with the bid in accordance with paragraph 9 of the General Terms and Conditions (page 5-6).
X
The bid must be signed by an authorized representative below. Failure to sign may result in disqualification.
X
If a prompt payment discount is offered, it is required that a minimum of twenty (20) days be allowed for payment in order for the discount to be considered. Please state your discounted terms: _____________________.
X
Pay Equity Documentation:

Bidder shall include with their bid submittal, a Pay Equity Reporting Form, or valid Pay Equity Business Certificate, which can be accessed at: www.bernco.gov/general-services/pay-equity.aspx. See page 9 and “Application of Preferences” (pages 26-27) Failure to submit the Pay Equity Form may result in disqualification of the bid submittal.

X
Unfair Business Practices Disclosure:

Bidder must submit with their bid the completed “Unfair Business Practices Disclosure Form” (see page 25). Failure to complete and return the signed unaltered form may result in disqualification.

X
Bid must be a firm fixed price and include all incidental charges. See Pricing Section for further details on pages.
X
All prices shall be F.O.B. Destination.
X
All bids shall be submitted electronically through the County’s eProcurement system Bonfire. A complete bid including all forms, attachments and exhibits shall be uploaded to the eProcurement system https://bernco.bonfirehub.com/portal/?tab=openOpportunities. Please allow a minimum of 24 hours to submit your bid. If you do not have a username and password, please register at https://bernco.bonfirehub.com/login as this is the only method to submit electronically on the Bonfire portal. For assistance, please contact support@gobonfire.com. Failure to submit your bid electronically through the County’s eProcurement system shall result in your bid being deemed nonresponsive.

In compliance with this Request for Bid and subject to all terms and conditions referenced within this RFB hereof, the undersigned offers and agrees to furnish its services upon which prices are quoted at the price submitted with this bid and hereby certify that I am authorized to sign this bid for the firm and agree to furnish as indicated below:

Signature:Fed ID No.:
Name (type/print):Title:

GENERAL TERMS AND CONDITIONS

Below are the County’s Purchase Order General Terms and Conditions.

1.INSPECTION AND AUDIT: A. The County may inspect, at any reasonable time, any part of Contractor’s plant or place of business, which is related to performance of the services described herein. Acceptance of delivery shall not be considered acceptance of the materials, supplies or services furnished. Final inspection will be made at the destination upon completion of delivery of goods and services. Final inspection shall include any testing or inspection procedures required by the specifications. B. The Contractor shall maintain detailed time records, which indicate the date, time and nature of services rendered. Contractor shall maintain detailed records of all materials or supplies delivered to the County, including serial number and other appropriate identifiers. These records shall be subject to internal and external audit. The County shall have the right to audit billings both before and after payment. Payment under the resultant agreement shall not preclude the County from recovering excessive, erroneous or illegal payments previously made by the County.
2.ASSIGNMENT: The Contractor shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County.
3.TERMINATION AND DELAYS: The County may by written notice stating the extent and effective date, terminate for convenience in whole or in part, at any time: the County shall pay Contractor as full compensation for performance until such termination: A. the unit or pro rata order price for the delivered and accepted portion; and B. incidental damages, not otherwise recoverable from other sources by Contractor as approved by the County, with respect to the undelivered or unaccepted portion of the issued Purchase Order, provided compensation hereunder shall in no event exceed the total Purchase Order price. Such amount will be limited to Contractor’s actual cost and may not include anticipated profits. The County shall not be liable for consequential damages.

The County may by written notice terminate in whole or in part for Contractor’s default if Contractor refuses or fails to comply with the provisions of the terms and conditions contained herein and/or the County’s Purchase Order, or fails to make progress so as to endanger performance and does not cure such failure within a reasonable period of time. In such event the County may otherwise secure the materials, supplies or services ordered, and Contractor shall be liable for damages suffered by the County thereby, including incidental and consequential damages.

If after notice of termination, the County determines Contractor was not in default, or if Contractor’s default is due to failure of the County, termination shall be deemed for the convenience of the County.

The rights and remedies of the County provided in this article shall not be exclusive and are in addition to any rights and remedies provided by law.

4.EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION: The Contractor agrees to abide by all Federal and State laws and regulations pertaining to equal employment opportunity. If Contractor is found to be not in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies.
5.PENALTIES: The County Ordinance imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.
6.TITLE AND DELIVERY: Title to the materials and supplies passed hereunder shall pass to the County upon acceptance at the F.O.B. destination point specified subject to the right of the County to reject for any exception to the delivery date specified. The Contractor shall give prior notification and obtain approval thereto from the County Purchasing Section.
7.APPLICABLE LAW: The laws of the State of New Mexico shall apply.
8.COMPLIANCE WITH APPLICABLE LAW: The Contractor shall comply with all applicable state, federal, municipal and county laws, rules and ordinances.
9.CONFLICT OF INTEREST: The Contractor warrants that he/she presently has no interest and shall not acquire any, which would conflict in any manner or degree with the performance of services required under this procurement. Contractor must disclose any conflict of interest in writing. Definition of conflict of interest includes, but is not limited to, the following: A. relationship, if any, with a County employee; state their name and position, B. the County employee connected in any way with your firm, C. if any type of commitment is/has been given to your firm, by a County employee, state their name and position held.
10.WARRANTIES: Contractor warrants the materials, supplies or services furnished to be exactly as specified, free from defects in Contractor’s design, labor, materials and manufacture, and to be in compliance with any drawings or specifications incorporated herein and with any samples furnished by Contractor. All applicable UCC warranties, express and implied, are incorporated herein.
11.ACCEPTANCE: The County may reject acceptance of any material, supplies, or services found to be defective or not as specified. At the County’s option the Contractor shall be required to a.) Correct without charge within a reasonable time, or b.) Deliver an equitable substitute at a reduced price. The County may revoke acceptance of any material, supplies or services, if a defect substantially impairs the value to the County and is discovered after acceptance. Should this occur, the Contractor shall reimburse the County for all incidental and consequential costs related to unaccepted materials, supplies or service, notwithstanding final acceptance; acceptance of material, supplies, or services shall not waive the County’s right to claim damages for breach.
12.CHANGES: The County may make changes within the general scope of the procurement by giving notice to Contractor and subsequently confirming such changes in writing via a Purchase Order change notice. If such changes affect the cost of, or the time required for performance, an appropriate equitable adjustment shall be made. No change by Contractor shall be recognized without written approval of the County. Any claim of Contractor for an adjustment under this paragraph must be made in writing within thirty (30) days from the date of receipt of Contractor of notification of such change, unless the County waives this condition. Nothing in this paragraph shall excuse Contractor from proceeding with performance as changed hereunder.
13.PATENT AND COPYRIGHT INDEMNITY: Contractor shall pay all royalty and license fees relating to deliverables and other items covered hereby. In the event any third party shall claim that the reproduction, manufacturer, use or sale of goods or items covered hereby infringes any copyright, trademark, patent or other intellectual property rights, Contractor shall indemnify and hold the County harmless from any cost, expense, damage or loss resulting therefrom.
14.DISCOUNTS: Any discount time will not begin until the materials, supplies, or services have been received and accepted and correct invoice received by the Purchasing Section. In the event testing is required, the discount time shall begin upon the completion of the tests.
15.PAYMENT CHARGES: Late payment charges shall be paid in the amount and under the conditions stated in County Ordinance §2-381.
16.APPROPRIATIONS: The terms of this Agreement are contingent upon the County Commission making the appropriations and authorizations necessary for the performance of the Agreement. If sufficient appropriations and authorizations are not made by the County Commission, any Agreement resulting from this Request for Bids may be terminated at the end of the County’s then current fiscal year upon written notice given by the County to the Contractor. Such event shall not constitute an event of default. All payment obligations of the County and all of its interest in this Agreement shall cease upon the date of termination. The County’s decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final.

SUPPLEMENTAL TERMS AND CONDITIONS

1.POWER OF THE COUNTY: The County reserves the right to accept or reject any and/or all bids and unless otherwise specified by the Bidder, to accept any item in the bid, to waive technicalities, to inspect, and/or to make any investigation deemed necessary of a Bidder’s ability to provide the material, supplies or services covered by the Specifications or other criteria documents and to accept what in its judgment is the best bid. Without limiting the generality of the foregoing, any bid which is incomplete, obscure or irregular may be rejected; any bid having erasures or corrections in the price sheet(s) may be rejected; any bid in which unit prices are omitted, or which are accompanied by an insufficient or irregular Bid Bond or other requirements may be rejected. The County also reserves the right to reject the bid of a Bidder who has previously failed to perform properly, provided inferior material, supplies, or services, provided inferior workmanship, or attempted to use substandard equipment, caused excessive inspection by the County to insure good workmanship, or utilized poor construction methods, or failed to complete an agreement of similar nature on time, or the Bidder is not in a position to perform the work governed by the Agreement.
2.UNLAWFUL EMPLOYEE PARTICIPATION: No elected official or employee of the County or public officer of the State of New Mexico shall be admitted to any share or part of this Agreement or any benefit that may arise thereof, directly or indirectly, unless it be made with a corporation for its general benefit.
3.DISTRIBUTION OF RFB DOCUMENT: The County Purchasing Section is the only organization who is authorized to make copies and/or distribute this RFB in any format. A distribution list of those who receive the RFB will be maintained throughout the procurement process and will become part of the procurement file. Receipt of a Bid from firms not included on the distribution list shall result in immediate disqualification and Bid will be rejected.
4.EXPLANATION TO BIDDERS: Any explanation desired by a Bidder regarding the meaning or interpretation of this request must be submitted in writing and with sufficient time allowed, but not less than three (3) working days prior to the hour and date specified for the receipt of the bids, for reply to reach Bidders before the submission of their bids. Oral explanations or instructions given before the award of the agreement will not be binding. Any information given to prospective Bidder(s) concerning this request will be furnished as an addendum, to all firms who have received the bidding document.

5. NON-COLLUSION: The Bidder, in signing this bid, certifies that representatives from the firm have not, either directly or indirectly, entered into any action or restraint of free competitive quoting or bidding in connection with this Bid.

6. CODE OF CONDUCT: Code of Conduct – The successful Bidder shall abide by the Code of Conduct (https://www.bernco.gov/compliance-office/bernalillo-county-code-of-conduct/) of the County as it applies to the successful Bidders interactions with the County. Any violation of the Code of Conduct shall be considered a breach of the Agreement (a draft of the proposed Agreement is included beginning on page 16).

7. EVALUATION: The evaluation period for this bid is ninety (90) consecutive calendar days, following the bid opening. Bids may not be rescinded during this period except for good cause and with the written approval of the Purchasing Section. The County, in evaluating bids reserves the right to use any assistance deemed advisable.

8. INCREASED OR DECREASED QUANTITIES: The County reserves the right to increase or decrease the quantities of items of tangible personal property, services or construction to be provided within the terms of the agreement and at the same prices, with the consent of the Contractor.

9. REJECTION AND CANCELLATION: The County reserves the right to reject any or all bids, cancel this RFB when it is in the best interest of the County, or to waive any and all informalities and irregularities that don’t alter the price, quality or quantity.

10. BASIS OF AWARD: The County reserves the right to award on a total basis or an item by item basis depending on which is most advantageous to the County. Final bid award will be made on the lowest, best, and most responsible bid meeting the specifications.

11. PAY EQUITY DOCUMENTATION: All Bidders shall include with their bid submittal, a Pay Equity Reporting Form, or valid Pay Equity Business Certificate, which can be accessed at www.bernco.gov/general-services/pay-equity.aspx.

Bidders who are located out-of-state or have no facilities and no employees working in the State of New Mexico are not required to report pay equity data but must verify their out-of-state status on the Pay Equity Reporting Form. Failure to provide a Pay Equity Reporting Form at the time of submission may result in the bid being deemed non-responsive. The County may allow for a revised Pay Equity Reporting Form to be submitted by the Offeror within 24 business hours of the proposal due date and time if; (i) the originally submitted form requires a technical change; or (ii) the Bidder fails to include a Pay Equity Reporting Form at the time of submission, provided that the Bidder submits the Pay Equity Reporting Form within the 24 hour business period.

NOTE: THE REQUIRED PAY EQUITY REPORTING FORM IS NOT A PAY EQUITY BUSINESS CERTIFICATE, NOR DOES IT QUALIFY AN OFFEROR FOR THE PAY EQUITY PREFERENCE. FOR QUESTIONS ON HOW TO OBTAIN A PAY EQUITY BUSINESS CERTIFICATE, PLEASE CONTACT THE PROCUREMENT ADMINISTRATOR IN SECTION I.C BY TELEPHONE: (505)527-2329 OR EMAIL: ssecrist@bernco.gov.

12. MULTIPLE AWARD: Bernalillo County reserves the right to award the Agreement to multiple contractors. The County reserves the right to select a primary and a secondary contractor and to contract with other contractors and entities to provide similar materials and services outside this RFB. The County does not guarantee any quantity to be awarded from this RFB. The County may award to the lowest responsive and responsible bidder as the primary contractor with the second lowest responsive and responsible bidder as the secondary contractor provided that it is in the best interest of the County. If for some reason the primary contractor cannot provide materials and services in a timely fashion, the secondary contractor may be called on to provide the materials and services. Determination for awards shall be based upon the lowest total cost of all items listed within the pricing section and the bidder(s) abilities to meet the "minimum and submittal requirements" of the invitation to bid.

13. PROTESTS: Protests – In accordance with County Ordinance §2-367 and §2-385, any Bidder who is aggrieved in connection with a solicitation or award of an Agreement may protest to the Procurement and Business Services Director. 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:

Annie Baca, Procurement and Business Services Director 415 Silver Ave. SW, 6th Floor Albuquerque, NM 87102 Protests must include the name and address of the protestant, the solicitation number, and a statement of grounds for protest, including appropriate supporting exhibits. Protests received after the deadline will not be accepted.

14. CONFIDENTIALITY/PUBLIC RECORDS: Confidential data is normally restricted to confidential financial information concerning the Bidders organization and data that qualifies as trade secrets in accordance with the Uniform Trade Secrets Act, 57-3-A-1 to 57-3A-7 NMSA 1978, or as provided by the Confidential Materials Act (14-3A-1, 1978 14-3A-2 NMSA 1978), and as otherwise provided by law. With the exception of the aforementioned, information and materials received by the County in connection with this RFB response shall be deemed to be public records, subject to public inspection, upon award of the RFB and execution of an Agreement by the County Commission or their designee. If the Bidder believes any of the information contained in its response is exempt from the Public Records Act, then the Bidder, must identify the material which is deemed to be exempt and cite the legal authority for the exemption. Any pages of the bid on which the Bidder has stamped or imprinted “proprietary” or “confidential” must be readily separable from the bid in order to facilitate public inspection of the non-confidential portion of the bid.

The County’s determination of whether an exemption applies shall be final, and the Bidder agrees to defend indemnify and hold harmless the County elected officials, employees and agents against any loss or damages incurred by any person or entity as a result of the County’s treatment of records as public records.

15. SPECIFICATIONS: Specifications stated in this request are not intended to exclude any Bidder. Where a product is characteristic of a sole manufacturer, or when a brand name is indicated, it shall be defined to mean as “least acceptable level”, or “minimum quality required” by the County. If an item is bid other than specified which is considered comparable, the manufacturer’s name and model number of that item must be specified. Sufficient performance specification and descriptive data must accompany the bid to permit thorough evaluation. Failure to provide the appropriate information may result in disqualification of the bid.

16. RECEIPT OF BIDS: Bids received after the deadline will not be accepted. The date-time stamp located in the Purchasing Section will be used to record receipt of the bid and is the only acceptable evidence to establish the time of receipt of bids.

17. AWARD TO NEXT RATED BIDDER: In the event of default by the awarded vendor, the County reserves the right to utilize the next rated Bidder meeting specifications as the new vendor. In the event of this occurrence, the next rated bidder meeting specifications shall be required to provide the bid items at the prices as contained on their proposal or bid for this specification.

18. NUMBER OF BID SUBMITTALS

Bidders may submit only one (1) bid in response to this RFB.

19. NUMBER OF COPIES: Bidders shall upload one (1) original their bid submittal to https://bernco.bonfirehub.com/portal/?tab=openOpportunities.

20. QUESTIONS: If additional information regarding this bid or the procurement process is required, please contact (Samantha Secrist, Purchasing Administrator) (505-527-2326), or e-mail ssecrist@bernco.gov

21. INSURANCE REQUIREMENTS: Insurance is required of the Contractor in the limits identified in the Draft Agreement, Section 12, attached hereto.

22. W-9 INFORMATION: Pursuant to Federal Tax Law (Internal Revenue Code, Section 6041), the County is required to obtain a Taxpayer Identification Number (TIN) and a completed W-9 from the successful Bidder; according to Federal Income Tax Law (Internal Revenue Code, Section 3406), failure to furnish this information promptly and correctly (within 30 days) may result in a $50.00 penalty imposed by the Internal Revenue Service. In addition, the Internal Revenue Service may require the County to withhold 28% of payments made, if the information is not furnished by the successful Bidder.

If the successful Bidder’s business is classified as a corporation, tax-exempt organization, government agency, or other exempt payee, the County will not file an Annual Information Return (Form 1088 Misc.) on your behalf. However, the law requires your TIN in addition to informing the County of payee type. If classified as an individual or sole proprietor, the TIN is your Social Security Number; otherwise, your Federal Employer Identification Number serves as your TIN.

EXCEPTIONS

RFB # 39-26-SS

In the interest of fairness and sound business practices, it is mandatory that you state any exceptions to the specifications and/or scope of work. It is not the responsibility of the County to seek out information concerning the goods to be furnished. If your bid does not meet or exceed all of the stated specifications, you must so state on the space provided below, with an explanation:

I do ___________ do not meet specifications ___________

___________________________________________________________________
Authorized Signature and TitleTelephone Number

SCOPE OF SERVICES

RFB # 39-26-SS

1. GENERAL

The County of Bernalillo, Parks, Recreation and Open Space’s Aquatics Division currently operates two (2) indoor aquatic facilities, six (6) outdoor facilities, and two (2) splash pads. Aquatics will also add one (1) additional splash pad within the next few years. The intent of this Request for Bid (RFB) is for the Aquatics Division to obtain the services of one or more qualified Commercial Swimming Pool Service Companies to provide Maintenance, Repairs, Reconditioning, and Pool Service to all Aquatics-operated facilities.

2. PRICING

COST FORM MUST BE COMPLETED IN THE PROCUREMENT BONFIRE PORTAL

ITEM #
ITEM DESCRIPTION
QTY
UOM
Unit Price
1
Acid Wash: per Square Foot
1
FT2
2
Bead Blasting: per Linear Foot
1
LF
3
Pool Plaster Repair: per Square Foot
1
FT2
4
Pool Plaster Removal and Replacement (down to gunnite): per Square Foot
1
FT2
5
Tile Repair: per Linear Foot/per 6 inches wide lines; Exclude pricing for specialty tile.
1
LF
6
Tile Replacement: per Linear Foot (reduced provide for all

projects over 20 linear feet).

1
LF
7
Concrete Deck Repair: per Square Foot
1
FT2
8
Deck Replacement: per Square Foot
1
FT2
9
Deck Joint Re-Sealing: per Linear Foot
1
LF
10
Specialty Surfacing: per Square Foot
1
FT2
11
Pool Repairs and Maintenance: Pool Technician/Mechanic/Plumber: Hourly Rate
1
Hourly Rate
12
Pool Repairs and Maintenance: Plaster Technician: Hourly Rate
1
Hourly Rate
13
Pool Repairs and Maintenance : Assistant Technician:

Hourly Rate

1
Hourly Rate
14
Pool Repairs and Maintenance : Tile Setter/Masonry: Hourly Rate
1
Hourly Rate
15
Pool Repairs and Maintenance: Laborer: Hourly Rate
1
Hourly Rate
16
Discount off of Trade List for Materials: 0
1
Hourly Rate

1. Minimum Requirements

1. General Contractors License GB98

2. Commercial Swimming Pool Service Companies are required to have successfully engaged in the business of commercial swimming pool construction, pool plastering, and commercial pool maintenance for at least five (5) years, performed re-plastering and acid washing on at least eight pools of similar size of below listed Aquatics facilities within the last five (5) years. Average square feet of 6,500 per pool.

3. Provide at least three (3) references from prior services, include Commercial Pool References Only. Comment by Brittany Bustos: Do you want the contractor to provide references. This will be a pass or fail requirement as in Bids lowest price is awarded. Comment by Ashlee Shontelle Bentz: We would like to do references, but will accept 3.

i. References must be for services performed in the past five to seven (5 to 7) years and should include either the e-mail or phone number of the contact person for the company providing the reference. DO NOT use City employees or any City elected officials as a reference. Any references included in a bid that includes City employees or elected officials as a reference will not be given consideration and may result in your bid being deemed non-responsive.

2. Bid Specifications

1. Acid Wash: will be on an “as needed” basis for all pools and splash pads listed herein. Awarded Bidder shall provide all protective gear needed for its pool technician to be protected appropriately, following all OSHA guidelines.Comment by Ashlee Shontelle Bentz: We will not be acid washing yearly as the City does, but will do it on a need to need basis based off of County Aquatics staff recommendation.
All pools and locations:Comment by Brittany Bustos: Please add the name, address, description (pool, splash pad) and POC if it differs from the one in section 2aComment by Ashlee Shontelle Bentz: Rio Grande Indoor Pool, 2312 Arenal Rd, Albuquerque, NM 87105.

Rio Grande Outdoor Wading Pool. 2312 Arenal Rd, Albuquerque, NM 87105.

Paradise Hills Outdoor Pool, 5901 Paradise Blvd. NW, Albuquerque, NM 87114 North Valley Aquatics Center Indoor Wellness Pool, 9800 4th St NW #2125, Albuquerque, NM 87114 North Valley Aquatics Center Outdoor Play Feature Pool, 9800 4th St NW #2125, Albuquerque, NM 87114 North Valley Aquatics Center Splash Pad, 9800 4th St NW #2125, Albuquerque, NM 87114 Los Padillas Aquatic Center Outdoor Play Feature Pool, 2141 Los Padillas Rd, SW, Albuquerque, NM, 87105 Los Padillas Aquatic Center Lap Pool, 2141 Los Padillas Rd, SW, Albuquerque, NM, 87105 South Valley Aquatic Center Outdoor Pool, 3912 Isleta Blvd SW, Albuquerque, NM 87105 South Valley Aquatic Center Splash Pad, 3912 Isleta Blvd SW, Albuquerque, NM 87105 *POC will be the same as in 2a

1. Rio Grande Indoor Pool 2312 Arenal Road Albuquerque, NM 87105 Ashlee Bentz, (505) 681-2606, abentz@bernco.gov

2. Rio Grande Outdoor Wading Pool 2312 Arenal Road Albuquerque, NM 87105 Ashlee Bentz, (505) 681-2606, abentz@bernco.gov

3. Paradise Hills Outdoor Pool 5901 Paradise Boulevard NW Albuquerque, NM 87114 Ashlee Bentz, (505) 681-2606, abentz@bernco.gov

4. North Valley Aquatics Center Indoor Wellness Pool 9800 4th Street NW #2125 Albuquerque, NM 87114 Ashlee Bentz, (505) 681-2606, abentz@bernco.gov

5. North Valley Aquatics Center Outdoor Play Feature Pool 9800 4th Street NW #2125 Albuquerque, NM 87114 Ashlee Bentz, (505) 681-2606, abentz@bernco.gov

6. North Valley Aquatics Center Splash Pad 9800 4th Street NW #2125 Albuquerque, NM 87114 Ashlee Bentz, (505) 681-2606, abentz@bernco.gov

7. Los Padillas Aquatic Center Outdoor Play Feature Pool 2141 Los Padillas Road SW Albuquerque, NM 87105 Ashlee Bentz, (505) 681-2606, abentz@bernco.gov

8. Los Padillas Aquatics Center Lap Pool 2141 Los Padillas Road SW Albuquerque, NM 87105 Ashlee Bentz, (505) 681-2606, abentz@bernco.gov

9. South Valley Aquatic Center Outdoor Pool 3912 Isleta Boulevard SW Albuquerque, NM 87105 Ashlee Bentz, (505) 681-2606, abentz@bernco.gov

10. South Valley Aquatic Center Splash Pad 3912 Isleta Boulevard SW Albuquerque, NM 87105 Ashlee Bentz, (505) 681-2606, abentz@bernco.gov.

11. Additional Splash Pad – To be added within the next few years

2. Pool Plaster Repair: will be done on an “as needed” basis and shall consist of minor patch repair to full pool re-plaster. Awarded Bidder shall correspond with the Aquatics Recreational Program Manager for project scope and completion by date. Awarded Bidder shall obtain Bonds and Wage Rates as required. Comment by Brandon Eagan: Any language on warranty needed? Minimum one year?

3. Pool Plaster Removal and Replacement: remove existing plaster down to the original Gunite shell and apply new plaster. Provide pre-blended quarts of plaster with white background.

4. Tile Repair: Provide prices per linear foot/per 6 inches wide lines; prices will be the same for vertical and flat surfaces. Exclude pricing for specialty tiles.

5. Tile Replacement: Provide prices for new tiles of more than 20 linear feet.

6. Bead Blasting: Will be done on an “as needed” basis. Price provided per linear foot.

7. Concrete Deck Repair: Provide pricing for concrete deck repair per square foot.

8. Deck Replacement and Deck Joint Re-Sealing: Deck removal and replacement provide pricing per square foot. Deck coating removal and replacement provide square-foot pricing. Provide separate line items for re-sealing all deck joints per linear foot.

9. Specialty Surfacing: Provide pricing per square foot for a non-skid epoxy surface with urethane sealer or cool deck textured finish. Specialty decking like LifeFloor or similar tile flooring systems can be provided at an additional rate.

10. Pool Repairs and Maintenance: Pool repairs to include up to but not limited to the following: sand replacement, sand filter repairs, fiberglass slide repairs, leak detection, pump repairs and replacement, pool circulation plumbing repairs, pool light replacement up to J-box, gutter grate replacement and repairs, gutter system repairs, pool shell demo and replacement. Provide hourly rate for previously mentioned projects. All materials will be provided at market cost or less optional discount.Comment by Ashlee Shontelle Bentz: Fiberglass slide repairs, leak detection,
11. Cleaning UpComment by Brandon Eagan: Add a section on accidental damage of property and equipment?

The Awarded Bidder shall at all times keep the adjacent areas of the property free from rubbish and the accumulation of any waste materials. Awarded Bidder shall be responsible for the removal of all trash at the end of each day or more frequently as may be required by the Aquatics Recreational Program Manager.

12. Warranty The Contractor shall warrant that all services performed under this Agreement are completed in a professional and workmanlike manner, consistent with industry standards, manufacturer specifications, and all applicable federal, state, and local laws and regulations. The Contractor further warrants that all materials, parts, and equipment furnished in the performance of the work shall be new (unless otherwise approved in writing by the County), of good quality, free from defects in workmanship and materials, and fit for their intended purpose.

All work performed under this Agreement shall carry a warranty for a minimum period of one (1) year from the date the services are completed and accepted by the County. If a manufacturer’s warranty provides a longer coverage period, the longer warranty shall apply. During the warranty period, the Contractor shall, at no additional cost to the County, promptly repair or replace any defective work, materials, or equipment resulting from faulty workmanship, materials, or failure to meet the requirements of this Agreement.

Warranty obligations shall survive inspection, acceptance, and final payment by the County.

13. Accidental Damages The Contractor shall be fully responsible for any damage to County facilities, equipment, fixtures, or property caused by the Contractor, its employees, agents, or subcontractors during the performance of services. Any damage resulting from the Contractor’s work shall be reported to the County immediately upon discovery. The Contractor shall, at the County’s sole discretion, either repair or replace the damaged property to its original condition at no cost to the County or reimburse the County for the full cost of repair or replacement. The Contractor shall be responsible for all costs associated with repairs, including labor, materials, and any related fees. Repairs must be completed in a timely manner and in accordance with all applicable codes, manufacturer specifications, and County standards.

4. Ordering and Invoicing Instructions

a. The County shall request a quote from the Awarded Bidder for all services. Quotes shall be based on the resulting contract pricing. The County request shall include a service location on all requests.

b. Bonds using the County format will be required for all services $25,000.00 and above. Bonds submitted on forms other than the County format shall be rejected.

c. Wage Rates will be required for all services of $60,000.00 and above.

d. Following receipt of the quote, the County Requestor shall issue a Purchase Order. The Purchase order shall match the quote.

e. The Awarded Bidder shall not provide services unless a Purchase Order has been issued.

f. The Awarded Bidder shall provide services within two (2) days from the date of the dispatched Purchase Order (unless otherwise notified by the Awarded Bidder and accepted by the County Requestor in writing).

g. Each invoice shall include: (1) a unique invoice number, (2) the Purchase Order number, and (3) details of goods and/or services being invoiced, including delivery dates and delivery locations. The amounts on the invoice shall match the amounts on the quote and Purchase Order. Failure to comply with this Section may result in delayed or denied payments.

h. Invoices may be submitted for processing via email or standard mail but should only be sent to the AP Division via one of the submission options. Please do not submit invoices via more than one of the stated options, as it will increase the chances of processing errors.

Invoices email: accountspayable@bernco.gov Invoice inquiries and questions email: APsupport@bernco.gov

Standard mail:Bernalillo County Accounts Payable
415 Silver Avenue SW, 6th Floor

Albuquerque, NM 87102

DRAFT SERVICE AGREEMENT

THIS AGREEMENT, made and entered into this _________day of _________________, 2026, by and between the County of Bernalillo, New Mexico, a political subdivision in the State of New Mexico, (hereinafter referred to as the "County"), and ________________________________________, (hereinafter referred to as the "Contractor").

WITNESSED:

WHEREAS, the County issued a Request for Bids for On-Call Aquatics Services, RFB No. 39-26-SS, attached hereto as Exhibit A; and WHEREAS, the Contractor submitted its Bid, dated _____________ 2026, in response to RFB No. 39-26-SS, attached hereto as Exhibit B; and WHEREAS, the County desires to engage the Contractor to render certain goods in connection therewith, and the Contractor is willing to provide such goods.

NOW, THEREFORE, in consideration of the premises and mutual obligations herein, the parties hereto do mutually agree as follows:

1. Scope of Work As set forth in the Scope of Work section of RFB No. 39-26-SS attached hereto as Exhibit A and incorporated herein by reference and made a part of this Agreement. (OR) attached hereto as Exhibit A as supplemented by Exhibit B both of which are incorporated herein by reference and made a part of this Agreement.

2. Term This Agreement shall become effective upon the date of final execution and shall continue for a four (4) year period with the option to extend for two (2) additional years unless terminated by either party pursuant to the termination provisions contained in this Agreement.

3. Use of Contract With the consent of the Contractor, other Central Purchasing Departments (NMSA 1978, §13-1-129) may purchase under this Agreement, provided that the goods are under the same terms and conditions as stated herein, unless a lower price is agreed to between the Central Purchasing Department and the Contractor.

4. Termination for Cause If, through any cause, the Contractor fails to fulfill the Contractor’s obligations under this Agreement in a timely and proper manner, or if the Contractor violates any of the covenants, agreements or stipulations of any part of this Agreement, the County shall have the right to cancel the Agreement. The County reserves the right to recover any excess cost incurred by the repurchase by deduction from an unpaid balance due to the Contractor, or any other legal method. Cancellation shall be done by giving written Notice of Cancellation to the Contractor. The Notice of Cancellation shall include the effective date of cancellation.

The official address of the County is:The official address of the Contractor is:
Bernalillo County Procurement & Business Services______________________________
415 Silver Ave. SW, 6th Floor______________________________
Albuquerque, NM 87102______________________________
5.Termination for Lack of Appropriations

The terms of this Agreement are contingent upon the County Commission making the appropriations and authorizations necessary for the performance of this Agreement. If sufficient appropriations and authorizations are not made by the County Commission, this Agreement shall terminate upon written notice being given by the County to the Contractor. The County decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final.

6. Termination for Convenience of County The County may terminate this Agreement at any time by giving at least thirty (30) calendar days notice in writing to the Contractor. If the Agreement is terminated by the County as provided herein, the Contractor will be paid in the amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Agreement, less payments previously made.

7. Termination by Contractor The Contractor may terminate this Agreement on an annual basis at the expiration of each year of the term of this Agreement by giving written notice to the County at the address listed herein at least sixty (60) calendar days prior to the expiration of each year of the term of this Agreement. The expiration of each year for termination purposes shall be defined as 365 days from the date of execution of this Agreement and every 365 days thereafter for the term of this Agreement.

8. Compensation and Method of Payment

A.The County will pay to the Contractor in full payment for services rendered, the sum of $_____________ or at the rates listed in Exhibit ___, attached hereto, plus applicable New Mexico Gross Receipts Tax, which constitutes full and complete compensation for the Contractor’s services under this Agreement, including all expenditures made and expenses incurred by the Contractor in performing such services.
B.Method of Payment: Upon completion of work in a manner satisfactory to the County, and upon receipt by the County of a properly documented invoice, payment to the Contractor will be made within thirty (30) days from receipt of the invoice. Except as otherwise agreed to, late payment charges may be assessed against the County in the amount and under the conditions set forth in County Ordinance §2-381.
C.Invoices shall be mailed, faxed, or e-mailed to: Bernalillo County Accounts Payable Office, 415 Silver Ave. SW, 6th Floor, Albuquerque, New Mexico 87102, Fax Number (505-468-7201) or E-Mail Address: accountspayable@bernco.gov.

9. Independent Contractor Neither the Contractor nor its employees are considered to be employees of the County for any purpose whatsoever. The Contractor is considered to be an Independent Contractor at all times in the performance described herein. The Contractor further agrees that neither it nor its employees are entitled to any benefits from the County under the provisions of the Worker's Compensation Act of the State of New Mexico, or to any of the benefits granted to employees. The Contractor shall not accrue leave, retirement, workers’ compensation benefits, insurance, bonding, use of County vehicles, or any other benefits afforded to employees of the County, as a result of this Agreement. The County shall provide no liability coverage to the Contractor. The Contractor acknowledges that all sums received hereunder are reportable by it for income tax purposes as applicable for self-employment or business income, and New Mexico Gross Receipts Tax, as applicable.

10. Personnel

A.The Contractor represents that it has, or will secure at its own expense, all personnel required in performing the Scope of Work as described under this Agreement. Such personnel shall not be employees of or have any contractual relationships with the County.
B.The Scope of work required hereunder will be performed by the Contractor or under its supervision and all personnel engaged in performing the Scope of Work shall be fully qualified and shall be authorized or permitted under federal, state and local laws to perform such Scope.
C.None of the Scope of Work covered by this Agreement shall be subcontracted without the prior written approval of the County. Any portion of the Scope of Work subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement.

11. Indemnity The Contractor shall defend, indemnify and forever hold and save the County, its elected officials and employees harmless against any and all suits, causes of action, claims, liabilities, damages, losses and reasonable attorneys’ fees and all other expenses of any kind from any source which may arise out of this Agreement or any amendment hereto, if caused by the negligent act, error, or omission, or intentional act, error, or omission of the Contractor, its officers, employees, servants or agents.

12. Insurance Prior to the commencement of the work to be performed under this Agreement, and until final acceptance by Bernalillo County or work covered, the Contractor shall procure and maintain at the Contractor’s expense, insurance coverages and limits shown below. This insurance shall be provided by insurance company authorized to do business in the State of New Mexico and in good standings based on the A.M. Best rating of A- or better or the Standards and Poors’ rating of AA or better.

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