B2025000012.pdf

ADVERTISEMENT FOR BIDS

B2025000012 FY25 SMALL DIAMETER SAS REHAB - TRENCHLESS

PROJECT NO. 3098.00

Sealed Bid Proposals will be received in the office of the Albuquerque Bernalillo County Water Utility Authority (“Water Authority”) electronically through the Water Authority’s eProcurement provider, Bidnet, for the Project described herein, no later than 1:30 p.m. local time on Monday, March 17, 2025, at which time the public opening and reading of Bid Proposals received will begin via Teams. The amount of each bid, each bid item, and other relevant information together with the name of each Bidder, shall be recorded and made open to public inspection by the Central Purchasing Office. Electronic submittal of Bids by the deadline is required unless preapproved by the Water Authority. No Bids will be accepted after the time and date specified. The Water Authority is not responsible for the delivery of Bid Proposals.

This Request for Bids, including, but not limited, to all Instructions to Bidders, the Bid Proposal Instructions and Forms, and other Bid Documents, including Plans, etc., to be used in connection with the submission of Bid Proposals may be reviewed, without charge, at https://www.bidnet.com/newmexico/abcwua or by contacting the Water Authority Purchasing Office at (505) 289-3227.

A Virtual Pre-Bid Conference will be held on Wednesday, February 26, 2025, at 1:30 p.m. MDT, via Microsoft Teams. Attendance at the Pre-Bid Conference for this Project is mandatory to qualify to submit a Bid Proposal. The Virtual Pre-Bid conference will be held via Microsoft Teams at:

Join the meeting now Meeting ID: 244 379 139 996 Passcode: 8nR3PW6n

Project Description: Rehabilitate small diameter SAS gravity pipe by one of the approved trenchless methodologies including trenchless SAS service reinstatement and manhole rehabilitation at various locations (tasks) throughout Albuquerque New Mexico. Tasks are separated into a base bid and additive alternate 1 based on priority and funding availability.

Date: February 19, 2025 https://www.bidnet.com/newmexico/abcwua https://teams.microsoft.com/l/meetup-join/19%3ameeting_MWJkY2NhODYtM2I3MS00MmE1LTkxNjEtNmM2Y2Q0YmViM2M0%40thread.v2/0?context=%7b%22Tid%22%3a%22ee17a019-664a-4893-9afa-b96cc2e502a9%22%2c%22Oid%22%3a%22e3c2bd9c-ec7e-461f-88ff-30e352a7daf4%22%7d

PART I

INSTRUCTIONS TO BIDDERS

1. Specific Instructions: Instructions specific to this Project, such as Contract Time, Subcontractors Fair Practices Act requirements, the List of Additional Subcontractor and Suppliers, Liquidated Damages, and Referenced Standard Specifications for the Project, are contained in Part II, Special Instructions.

2. Time and Place of Receiving and Opening of Bids: Bids will be opened via Teams at:

Join the meeting now Meeting ID: 277 030 518 370 Passcode: 5Lz9kS3q

3. Pre-Bid Conference: Information regarding the date, time and place for a Pre-Bid conference for this Project, if held and whether it is mandatory is specified in the Advertisement for Bids. A Pre-Bid Conference may be conducted to provide additional information concerning the Project. When attendance is mandatory, failure to attend shall disqualify the prospective Bidder from submitting a Bid Proposal. If the Bidder is a joint venture, the attendance by any authorized representative of any of the parties to the joint venture will satisfy this requirement.

Whenever attendance is not specified as mandatory, prospective Bidders are encouraged to attend.

Bidders should be prepared to ask questions or request clarifications regarding the Project and procurement documents at a Pre-Bid Conference.

4. Authority: This Request for Bids (“RFB”) is governed by the Bernalillo County Procurement Ordinance (the “Procurement Ordinance”), which the Water Authority has adopted, pursuant to the powers granted in Section 72-1-10 NMSA 1978, to govern all purchasing transactions of the Water Authority; the Rules Governing Procurement for the Albuquerque/Bernalillo County Water Utility Authority (the “Rules”), and the Water Authority’s Approval Resolution designating approval authority for Water Authority contracts, purchases and procurement documents (“Approval Resolution”). Additional statutes, ordinances, resolutions, rules and regulations may apply. By submitting its Bid Proposal, the Bidder agrees to comply with these authorities.

5. Bid Documents: This RFB, also referred to as the Bid Documents, contains the following:

• Cover Page

• Table of Contents

• Advertisement for Bids

• Part I, Instructions to Bidders

• Part II, Special Instructions

• Part III, Bid Proposal Instructions and Forms

• Part IV, Contract Terms and Conditions: Agreement, CCTV Videos, and Wage

Rate Decision. (General Terms and Conditions, and Specifications which are not attached, are included by reference and incorporated herein.)

• Part V, Additional Forms

• Appendix A, Project Technical Specifications

• Appendix B, Drawings

The terms used in the Bid Documents shall have the meanings assigned to them in the Procurement Ordinance and in the General Terms and Conditions, referenced in Part IV of the RFB, Contract Terms and Conditions.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmVlNjlkMWItZTBjYy00NTg5LTlhZWUtZmU4MGExMjc1NjZh%40thread.v2/0?context=%7b%22Tid%22%3a%22ee17a019-664a-4893-9afa-b96cc2e502a9%22%2c%22Oid%22%3a%22e3c2bd9c-ec7e-461f-88ff-30e352a7daf4%22%7d https://library.municode.com/nm/bernalillo_county/codes/code_of_ordinances?nodeId=BECOCO_CH2AD_ARTVPU http://www.abcwua.org/uploads/files/Water_Authority_Purchasing_Rules_07012018.pdf

Neither the Water Authority nor the Consultant assumes responsibility for errors or misinterpretations resulting from the use of incomplete Bid Documents.

6. Contacts: This RFB is issued by the architect, engineer, landscape architect or other professional (“Consultant”) selected for this Project by the Water Authority’s Purchasing Office, who is identified above (see RFB cover page). All questions regarding the Project or this RFB should be directed to the following Purchasing representative:

Armida Magallanes, Purchasing Administrator, Central Purchasing Office, Water Authority Cell: (505) 488-8727 Email: amagallanes@abcwua.org Address: Post Office Box 568, Albuquerque, New Mexico 87103-0568

The Contract(s) resulting from this Request for Bids will be managed by the Water Authority’s Consultant.

7. Interpretation of RFB: Any explanation desired by a Bidder regarding the meaning or interpretation of the RFB may be requested in writing at any time. For best consideration, questions should be submitted at least ten (10) calendar days prior to the date for receipt of Proposals unless the procurement is deemed critical by the Water Authority or a shorter deadline for questions has been provided in the Advertisement for Proposals or in an Addendum to the RFB. Questions shall be submitted to the Purchasing representative in writing and may be submitted via email. Any interpretation of the documents will be made only by Addendum duly issued. Verbal answers, oral explanations or instructions given at any time will not be binding on the Water Authority.

8. Examination of RFB and Site: Before submitting its Bid Proposal, each Bidder must:

Examine the RFB thoroughly.

Visit the site to familiarize itself with local conditions that may in any manner affect the performance of the Work and employment of labor thereon.

Familiarize itself with federal, state, and local laws, ordinances, rules and regulations affecting performance of the Work and employment of labor thereon.

Familiarize itself with the Procurement Ordinance and the applicable Water Authority policies, regulations and ordinances.

Carefully correlate its observations with the requirements of the RFB.

The submission of a Bid Proposal will constitute an incontrovertible representation by the Bidder that it has complied with every requirement of the RFB and that the RFB is sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

9. Addenda: Addenda to the Bid Documents shall be in writing and delivered in person, by facsimile or electronically, at the discretion of the Water Authority, to all prospective Bidders that have informed the Central Purchasing Office of their desire to receive copies of all Addenda to this RFB. Copies of Addenda will be made available for inspection wherever Bid Documents are on file for that purpose. No Addendum will be issued later than five (5) calendar days prior to the date for receipt of Bid Proposals, unless deemed critical by the Chief Procurement Officer.

Each Addendum shall be a part of the Bid Documents to the same extent and as though contained in the original documents and itemized listings thereof and all Bidders shall be bound by such Addenda. Failure to obtain an Addendum shall not be grounds for overturning a Recommendation of Award. If an Addendum affects a Bid already submitted, it may be changed at any time up to the deadline for receipt of Bids. Each Bidder shall ascertain, prior to submitting its Bid Proposal, that it has received all Addenda issued and shall acknowledge such receipt in its Bid Proposal.

10. Bid Proposal Form: Instructions for preparation of the Bid Proposal Form, including the required content and additional information needed for the preparation of the form, and forms to be submitted with the Bid Proposal, are contained in Part III of this RFB, Bid Proposal Instructions and Forms.

11. Submission of Bid Proposals: The Bidder’s sealed Bid Proposal must be submitted electronically through the eProcurement system:

11.1 Electronic Response. Unless otherwise specified, the RFB must be responded to electronically by submitting the required information and uploading any required documents to BidNet. No other method of delivery will be permitted unless an exception has been approved in writing by the Central Purchasing Office at least five (5) calendar days prior to the deadline for receipt of Proposals.

• The individual submitting the Bid Proposal certifies that he/she is authorized to submit the electronic response for the Bidder. The Bidder understands that it has an obligation to, and accepts responsibility for, safeguarding the vendor user identification ("ID") and password against unauthorized use and that the Water Authority has the right to rely on the authenticity of any Bid Proposals submitted through the vendor user ID and password. The Offeror understands that a Bid Proposal submitted electronically has the same force and effect as an originally signed document and that the Bidder is bound by any Bid Proposal submitted electronically through the vendor user ID and password.

• The Bidder certifies that it has provided accurate information in registering for access to the eProcurement system. In the event that the Central Purchasing Office finds that a Bidder has provided inaccurate registration information allowing the Bidder an unfair advantage, the Bidder must correct the information upon receipt of written notification from the Water Authority. If the change is not made within fifteen (15) calendar days of the date of notification, the Central Purchasing Office may remove the Bidder from the Water Authority’s vendor database and the Bidder will be unable to participate in further solicitations until the information is corrected.

12. Modification and Withdrawal of Bid Proposals:

12.1 A Bid Proposal containing a mistake discovered before Bid Opening may be modified or withdrawn by a Bidder prior to the time set for Bid Opening by delivering written notice to the Water Authority Central Purchasing Office. The notice must be duly executed in the manner required for execution of a Bid Proposal.

12.2 After Bid Opening, no modifications in price or other material provisions of the Bid Proposal are permitted. However, a low Bidder, alleging a material mistake of fact which makes his Bid Proposal non-responsive, may be permitted to withdraw his bid if:

• The mistake is clearly evident on the face of the bid; or

• The Bidder submits evidence which clearly and convincingly demonstrates that a material mistake was made.

The decision to permit or deny withdrawal of a bid on the basis of mistake is a decision to be made by the Central Purchasing Office and shall be supported by a written determination setting forth the grounds of the decision and placed in the procurement file.

12.3 After the Bid Opening and prior to the award, the following provisions apply:

• Minor Technical Irregularities: The Central Purchasing Office may waive technical irregularities that do not alter the price, quality or quantity of the Bid Proposal. See Section 21 of Part I of this RFB, Instructions to Bidders, below.

• Minor mistakes where the intent of a bid is clearly evident on the face of the bid document shall be corrected and may not be withdrawn. Examples of mistakes that may be clearly evident on the face of the bid document are typographical errors, errors in extending unit prices, transposition errors, and math errors.

All corrections or withdrawals allowed by the Central Purchasing Office shall be supported by a written determination placed in the specific procurement file.

12.4 If withdrawing its Bid Proposal, a Bidder must present proper identification before its retrieval will be allowed. If a Bid Proposal is withdrawn in accordance with this Section, the Bid Security, if any, shall be returned to the Bidder.

13. Bid Opening: Bidders are invited to be present at the Bid Opening, which shall be open to the public at the time and place designated in Advertisement for Bids. The individual reading the bids will first verify:

• that the Bid Proposal is properly signed;

• that a Bid Security is submitted with the Bid Proposal; and

• that the Bidder attended a mandatory Pre-Bid Conference, when applicable.

Thereafter the reader will read the name of the Bidder and verify and note for the public receipt of additional forms required, before reading the bid amount and each bid item, if appropriate. This and other relevant information shall be recorded in the procurement file and each Bid shall be open to public inspection.

14. Bid Review and Consideration: The Water Authority shall review the Bid Proposals for a period of up to ninety (90) days after the hour and date specified for the receipt of Bid Proposals to determine the successful Bidder. If Bidder agrees to maintain its pricing, the review period may be extended for a period agreed to by the parties. The Water Authority is not restricted to the minimum information required by the Bid Documents in determining the responsiveness of a Bid Proposal and responsibility of a Bidder and any relevant information from reliable sources may be considered. The Water Authority reserves the right to use any assistance deemed advisable, including Water Authority contractors and consultants to assist in the review of Bid Proposals.

Any Bid Proposal that is incomplete may be deemed non-responsive and may not be considered.

15. Qualification of Bidders: The Water Authority may make such investigations it deems necessary to determine the ability of the Bidder to perform the Work and may also request clarification from Bidders regarding their Bid Proposals or additional materials or literature.

Bidder shall furnish to the Water Authority all such information and data for this purpose as the Water Authority may request. The Water Authority may reject any Bid Proposal if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Water Authority that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated herein.

16. Affirmative Action Program: The awarded contractor must comply with the affirmative action, nondiscrimination and equal employment opportunity requirements described in the General Terms and Conditions, referenced in Part IV of this RFB.

17. Collusion: The Bidder warrants that its Bid Proposal is submitted and entered into without any unlawful act of collusion with any other person or company engaged in the same line of business or commerce, or any other fraudulent act punishable under state or federal law.

Collusion among Bidders or the submission of more than one Bid Proposal under different names with the intent to obtain an unfair advantage by any company or individual shall be cause for rejection of single or multiple Bid Proposals, without review.

18. Unfair Business Practices: Each Bidder shall execute and submit with its Bid Proposal the form entitled, Unfair Business Practices Disclosure Form, contained in Part III of this RFB, Bid Proposal Instructions and Forms. The awarded contractor agrees to comply with Section 2- 376 of the Procurement Ordinance and the New Mexico Unfair Practices Act, Section 57-12-1 et seq. NMSA 1978. Additional information is provided in the General Terms and Conditions referenced in Part IV of this RFB.

19. Penalties for Criminal Activities: Any business or person that willfully violates any provision of the Procurement Ordinance contrary to the New Mexico Criminal Code may be referred to the appropriate authorities for felony or misdemeanor prosecution. In addition, civil penalties may apply.

20. Rejection of Bids and Cancellation: The Water Authority may cancel this RFB or any portion thereof or the resulting Contract without penalty or reject any or all Bid Proposals in whole or in part when it is in the best interest of the Water Authority. All nonconforming or conditional bids or counter proposals may be disregarded. If a Bid Proposal is rejected, written notice of the rejection, together with the reasons therefor, shall be mailed by certified mail, postage prepaid, to the Bidder. Bidders whose Bid Proposals are rejected for any reason shall not be entitled to recover damages of any nature against the Water Authority resulting from the rejection. A determination containing the reasons for cancellation shall be made part of the procurement file.

21. Minor Technical Irregularities: The Central Purchasing Office may waive technical irregularities in Bid Proposals that do not alter the price, quality or quantity of the items bid or insignificant mistakes that can be waived or corrected without prejudice to other Bidders; i.e. when there is no effect on the price, quantity, quality, delivery or material contract conditions. The Chief Procurement Officer may waive such irregularities or allow the low Bidder(s) to correct them, if either action is in the best interest of the Water Authority. Examples include, but are not limited to, the failure of the low Bidder(s) to: (i) return the number of signed Bid Proposals required by the solicitation; (ii) sign (or improperly sign) the Bid Proposal, but only if the unsigned Bid Proposal is accompanied by other material indicating the low Bidder’s intent to be bound; (iii) or acknowledge receipt of Addenda to the RFB, but only if it is clear from the Bid Proposal that the low Bidder(s) received the Addenda and intended to be bound by its terms or the Addenda involved had no effect on price, quality or quantity.

22. Award of Contract:

22.1 Award of a Contract occurs when a written agreement resulting from the RFB is signed by the Water Authority Executive Director is provided to an Offeror. A Recommendation of Award does not constitute an award of a Contract.

22.2 If a Contract is awarded, it will be awarded to the responsible Bidder who has submitted the lowest responsive Bid as shown in its Bid Proposal.

22.3 When Alternates are to be accepted by the Water Authority, the Contract will be awarded to the responsible Bidder who bids the lowest combined total of the Base Bid and all accepted Alternates.

22.4 If there is a discrepancy between the total Bid submitted and the total Bid as calculated using Unit Pricing provided, the latter will control.

22.5 If two or more of the Bid Proposals submitted are identical in price and are the low bid, the Water Authority may:

• Make multiple awards in accordance with the Procurement Ordinance;

• Award to a low Bidder who qualifies for any preferences if the other low Bidder does not;

• Award by lottery to one of the identical low Bidders; or

• Reject all Bid Proposals and resolicit bids for the Project.

22.6 If the Contract is to be awarded, the Water Authority will give the apparent successful Bidder a Notice of Award with reasonable promptness and within the time allotted in these Bid Documents for consideration and review of Bid Proposals, unless the Bidder and the Water Authority agree in writing to extend the period specified.

23. Contract: The terms and conditions of the Contract to be entered into are identified in the Agreement contained in Part IV of this RFB, Contract Terms and Conditions. The Agreement, General Terms and Conditions, Referenced Standard Specifications, and Wage Rate Decision attached or referenced in Part IV of the RFB, as well as all other Bid Documents shall be a part of the Contract. By submitting a Bid Proposal, a Bidder agrees to accept and be bound by all the terms and conditions of the Contract Documents. Exceptions to the terms and conditions of the Contract, if any, must be submitted in writing with the Bid Proposal in order to be considered.

24. Execution of Contract and Delivery:

24.1 Delivery of Agreement. The awarded Bidder (the “Contractor”) shall deliver to the Water Authority the required number of signed originals of the Agreement between the Water Authority and the Contractor, along with those Contract Documents specified by the Water Authority, within ten (10) calendar days of Contractor's receipt of the Notice of Award.

24.2 Documents Submitted with the Contract. Contractor shall deliver to the Water Authority executed copies of the Agreement as required in Section 24.1 above, and the following:

• A completed and executed Form W-9, Request for Taxpayer Identification Number and Certification

• Separate surety bonds, as required in the General Terms and Conditions, referenced in Part IV of this RFB, each in the amount of one hundred percent (100%) of the total Contract Price. The required forms with instructions and information are contained in Part V of the RFB, Additional Forms.

• Certificates of insurance as required in the General Terms and Conditions.

• List of Additional Subcontractors/Suppliers. See Part II of this RFB, Special Instructions, for information regarding this list. If required with the Contract, the correct form with instructions and information is contained in Part V of this RFB, Additional Forms.

Failure of the Contractor to deliver these documents correctly and fully completed and signed within the time required in Section 24.1 shall entitle the Water Authority to reject the Bid Proposal and rescind the Notice of Award. In such event, the Water Authority shall be entitled to cancel the procurement of the Project, rebid, or award to the next lowest responsive and responsible Bidder.

24.3 Extension of Time. In the event the Contractor, the Water Authority, or both request an extension of the time requirements in Section 24.1 above, such extension of time shall be agreed upon by the Water Authority and the Contractor in writing. No such extension of time shall be valid unless the extension includes an extension of the time in which the Contractor shall not be entitled to withdraw its Bid Proposal by no less than the same number of days of the extension of the time requirements of Section 24.1. In the event the Water Authority refuses to agree to an extension of the time requirements of Section 24.1 or the Contractor refuses to extend the time in which it shall not be entitled to withdraw its Bid Proposal, as required heretofore, the Water Authority shall not be required to execute the Agreement and may cancel the contracting process, rescind the Notice of Award and terminate the procurement of the Work of the Project or award to the next lowest Responsive and Responsible Bidder.

24.4 After Execution by the Water Authority: The Water Authority and the Contractor shall receive an executed duplicate original of the Agreement and Contract Documents after execution of the Agreement by the Executive Director of the Water Authority.

25. Debarred Contractors: The Bid Proposal of a contractor that has been debarred pursuant to the procedures set forth in the Procurement Ordinance and the Rules, or is suspended, debarred or ineligible from entering into contracts with the federal government, or any State agency or local public body of the State of New Mexico, or is in receipt of a notice of proposed debarment from any federal agency or agency or local public body of the State of New Mexico, shall not be considered for award of a contract on a Public Works Project during the period for which the Bidder is suspended, debarred or declared ineligible. By submitting its Bid Proposal, the Bidder certifies that it has not been so suspended, debarred or declared ineligible and that if notice of said suspension, debarment, or ineligibility is received by Bidder, it will notify the Water Authority immediately.

26. Ethical Conduct: By submitting its Bid Proposal, the Bidder warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the Work required under the Contract. The Bidder certifies that the requirements of the Procurement Ordinance and Rules as well as all other Water Authority and State of New Mexico laws, ordinances, rules and regulations, policies, procedures and administrative instructions governing ethical conduct, including, but not limited to, the Water Authority Code of Conduct, the New Mexico Governmental Conduct Act, Sections 10-16-1 through 10-16-18, NMSA 1978, and the New Mexico criminal statutes prohibiting bribes, gratuities and kickbacks, Sections 30-41-1 through 30-41-3, NMSA 1978, have been followed.

27. Proprietary Data: The file relating to the RFB shall be open to public inspection immediately after Bid Opening. A Bidder may designate trade secrets or other proprietary data in its Bid Proposal to be confidential by separating that material from the Bidder’s main proposal, placing it in a sealed envelope and marking it as “Confidential”. Pricing and makes and models or catalog numbers of items offered, delivery terms, and terms of payment cannot be designated as “Confidential”. The Water Authority will endeavor to restrict distribution of material separated, placed in a sealed envelope and designated as “Confidential” to only those individuals involved in the review of the Bid Proposals. If a request for inspection of records under the New Mexico Inspection of Public Records Act (Sections 14-2-1 et seq, NMSA 1978) (“Act”) is received, however, which request encompasses such materials, the Bidder will be notified. It is the responsibility of the Bidder to take whatever action it deems necessary to assert and defend the confidentiality of the materials provided in its Bid Proposal. If no protective action is taken to prevent the Water Authority from fulfilling the request submitted in accordance with the Act, the Water Authority will provide the entire response to the requestor.

28. Preferences Available: Bid Proposals in response to this RFB may receive a State Resident Business Preference, State Native American Resident Business Preference, State Resident Veteran Business Preference, or State Native American Resident Business Preference and County Local Business and Small Business Preferences, and a Pay Equity Preference, if Bidder is so qualified. The Preference Eligibility Application form is provided to assist the Bidder in providing the correct documentation required for all applicable preferences. The form can be found on the Documents tab in Bidnet. The Bidder should review the form and MUST submit the required documentation with its Proposal in order to obtain a preference. The completed and signed Preference Eligibility Application should be submitted electronically or downloaded and attached with the Bid Proposal but may be submitted prior to award.

28.1 State Preferences.

• Resident Business and Native American Resident Business Preference. To qualify for this preference of eight percent (8%), the Offeror must submit with its Proposal a copy of its Resident Business Certificate or Native American Resident Business Certificate issued by the New Mexico Taxation and Revenue Department pursuant to Section 13-1-22 NMSA 1978.

• Resident Veteran Business and Native American Resident Business Preference. To qualify for this preference of ten percent (10%), the Offeror must submit with its Proposal a copy of its Resident Business Certificate or Native American Resident Business Certificate issued by the New Mexico Taxation and Revenue Department pursuant to Section 13-1-22

NMSA 1978.

When a joint Proposal is submitted by a combination of Resident, Native American Resident, Resident Veteran, Native American Veteran Resident or nonresident businesses, the preference provided shall be calculated in proportion to the percentage of the Services provided under the contract resulting from this RFB which will be performed by each business, as specified in the joint Proposal.

A Bidder shall not be awarded both a Resident Business Preference and a Resident Veteran Business Preference or a Native American Resident Business Preference and a Native American Resident Veteran Business Preference.

In the event a Bidder qualifies for a State preference for a Resident Business, Native American Resident Business, Resident Veteran Business, or Native American Resident Veteran Business and submits a qualifying Bid Proposal, the Bidder shall receive the full statutory preference applied in the manner set forth in Section 13-1-21 NMSA 1978.

28.2 County Preferences.

• Local Business Preference. To qualify for this preference of five percent (5%), the Bidder must hold and submit with its Bid Proposal a valid Resident Contractor or Veteran Contractor Certificate issued by the New Mexico Taxation and Revenue Department pursuant to 13-1-22, NMSA 1978; and maintain an office and place of business in Bernalillo County, which is staffed and open to the public on a regular basis, and so verified by the County.

• Small Business Preference. To qualify for this preference of five percent (5%), the Bidder must hold and submit with its Bid Proposal a valid Resident Contractor or Veteran Contractor Certificate issued by the New Mexico Taxation and Revenue Department pursuant to 13-1-22, NMSA 1978; must maintain an office and place of business in Bernalillo County, which is staffed and open to the public on a regular basis; and must employ an average of fewer than fifty (50) full-time employees in a calendar year, which number shall be verified by submitting with its Bid Proposal an affidavit from a Certified Public Accountant.

• Pay Equity Preference. To qualify for this preference of five percent (5%), a Bidder must maintain a zero percent (0%) deviation between the salaries it pays to men and the salaries it pays to women for comparable positions. For purposes of this preference, comparable positions are those listed in the Job Classification Guide 2010 (as may be updated and amended from time to time) published by the federal Equal Employment Opportunity Commission. To be eligible for the preference, the Bidder must , at the time of submittal, hold a valid Pay Equity Business Certificate issued by the City of Albuquerque.

Application for certification can be done pursuant to the Pay Equity Documentation instructions herein.

If necessary, the Central Purchasing Office may seek additional information or proof to verify eligibility for the County Preferences.

28.3 Limitations.

28.3.1 These Preferences will not be applied if the valid Certificates, Certifications and Forms required are not provided with the Bidder’s Bid Proposal.

28.3.2 Only the Bidder submitting a Bid Proposal and not a Subcontractor may qualify for a preference.

28.3.3 The State Preferences shall be applied before the County Preferences.

28.3.4 The total amount of all preferences applied under this Section 28, including the applicable State preference, in any single award, shall not exceed fifteen percent (15%), with the limit on State preferences as set forth under the New Mexico State Procurement Code.

28.3.5 When applying the County preferences as set forth in this Section 28, the total dollar amount of County preferences shall never exceed $150,000.00.

28.3.6 These preferences shall not apply to RFBs for the expenditure of federal funds.

29. Protest: Any Bidder who is aggrieved in connection with the RFB or the resulting award of a contract may protest to the Chief Procurement Officer within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest.

29.1 The protest must be submitted in written form and must be legible. Protests may be hand-delivered or mailed. Facsimile, telephonic, telegraphic or electronic protests will not be accepted. The protest shall be addressed as follows:

Albuquerque Bernalillo County Water Utility Authority Attn: Chief Procurement Officer

PO Box 568 Albuquerque, New Mexico 87103

Project Number

PROTEST

29.2 The protest shall contain at a minimum the following;

• The name and address of the protesting party;

• The number of the competitive solicitation;

• A clear statement of the reason(s) for the protest detailing the provisions believed to have been violated;

• Details concerning the facts which support the protest;

• A statement of when knowledge of the facts or occurrences giving rise to the protest occurred;

• Attachments of any written evidence available to substantiate the claims of the protest; and

• A statement specifying the ruling requested.

29.3 The Chief Procurement Officer shall promptly issue a determination relating to the protest which shall state the reasons for the action taken and inform the protestant of the right to judicial review of the determination pursuant to the Procurement Ordinance. The written determination shall immediately be sent via certified mail to the protestant and otherwise provided via standard mail or electronically to other Bidders involved in the procurement.

29.4 The protestant shall have thirty (30) days from the date the protest determination is filed in the records of the Water Authority to file a Notice of Appeal with the Second Judicial District Court in Albuquerque, New Mexico, in accordance with Section 39-3-1.1 NMSA 1978.

29.5 The Chief Procurement Officer shall have the authority to take any action reasonably necessary to resolve a protest of an aggrieved Bidder in accordance with the Procurement Ordinance.

30. Pay Equity Documentation: All Bidders shall include with their Bid Proposal, a Pay Equity Reporting Form, or valid Pay Equity Business Certificate, which can be accessed at;

https://www.cabq.gov/gender-pay-equity-initiative 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 or Pay Equity Certificate at the time of submission shall result in the Bidder being deemed nonresponsive. The Central Purchasing Office may allow for a revised Pay Equity Reporting Form to be submitted by the Bidder 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 time allowed by the Central Purchasing Office.

NOTE: THE PAY EQUITY REPORTING FORM REQUIRED BY THIS PROVISION IS

NOT A PAY EQUITY BUSINESS CERTIFICATE, NOR DOES IT QUALIFY AN

OFFEROR FOR THE PAY EQUITY PREFERENCE. IF THE OVERALL TOTAL PAY

GAP ON YOUR FORM IS 0%, YOU ARE ELIGIBLE FOR A 5% PREFERENCE.

PLEASE CONTACT THE PURCHASING REPRESENTATIVE IDENTIFIED IN THIS

RFP WITH ANY QUESTIONS ABOUT THE PAY EQUITY REPORTING FORM.

https://www.cabq.gov/gender-pay-equity-initiative

PART II

SPECIAL INSTRUCTIONS

1. Contract Time:

1.1 Time for Substantial Completion. The successful Bidder (the “Contractor”) will commence Work under this Contract in accordance with the Notice to Proceed from the Water Authority, if applicable, and achieve Substantial Completion of the Project as provided in the Contract Documents within 118 (base bid only) or 212 (base bid plus additive alternate 1) consecutive calendar days after the date Contract Time begins as provided in the Contract.

1.2 Time to Complete Punch List. The Contractor shall complete or correct all punch list items attached to the Certificate of Substantial Completion as described in the Contract Documents within 14 consecutive calendar days following the date of Substantial Completion.

2. Subcontractors Fair Practices Act:

This Project is subject to the provisions of the “Subcontractors Fair Practices Act,” Sections 13-4- 31, et seq., NMSA 1978. The listing threshold for this Project (the “Threshold”) is the greater of $5,000 or ½ of 1% of the estimated Project cost, not including alternates.

3. List of Additional Subcontractors and Suppliers: The Bidder will complete and submit to the Water Authority the form entitled List of Additional Subcontractors and Suppliers contained in Part III of this RFB, Bid Proposal Instructions and Forms.

All information required by the Water Authority regarding Subcontractors, suppliers and other companies furnishing the principal items of material and equipment for the Work shall be provided.

If the Water Authority, after due investigation, has reasonable objection to any business so listed, the Water Authority may, before giving the Notice of Award, request the apparent successful Bidder to submit an acceptable substitute without an increase in the bid amount. Any business so listed and to whom the Water Authority does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Water Authority.

4. Liquidated Damages: Liquidated damages, in the amount per day of $200.00 will be assessed against the Contractor for each calendar day, or portion thereof, the Work has not achieved Substantial Completion after expiration of that portion of the Contract Time allotted for construction, including any approved extension of time granted. Further, liquidated damages, in the amount per day of $200.00 will be assessed against the Contractor for each calendar day, or portion thereof, the punch list items listed as incomplete and attached to the Certificate of Substantial Completion are not completed or corrected after expiration of the time allotted for completion and correction, including any approved extension of time granted. These liquidated damages are cumulative. See the General Terms and Conditions, referenced in Part IV of this RFB, for additional information terms relating to liquidated damages.

5. Referenced Standard Specifications: The Referenced Standard Specifications applicable to this Project are the City of Albuquerque Standard Specifications for Public Works Construction, 1986 Edition, as currently updated and amended by the Water Authority General Terms and Conditions of Construction Contracts.

http://www.cabq.gov/planning/plans-publications http://www.abcwua.org/wp-content/uploads/Builders_Info/Water_Authority_Standard_Specifications_and_Drawings_Feb_2 021.pdf http://www.cabq.gov/planning/plans-publications http://www.abcwua.org/wp-content/uploads/Builders_Info/Water_Authority_Standard_Specifications_and_Drawings_Feb_2021.pdf http://www.abcwua.org/wp-content/uploads/Builders_Info/Water_Authority_Standard_Specifications_and_Drawings_Feb_2021.pdf http://www.abcwua.org/wp-content/uploads/Builders_Info/Water_Authority_Standard_Specifications_and_Drawings_Feb_2021.pdf

6. Additional Terms and Conditions: The following terms and conditions amend or supplement the General Terms and Conditions and are incorporated into and are as fully a part of this Request for Bids and resulting Contract as if attached or repeated herein:

6.1 General Contractor Qualifications

6.1.1 In order to qualify to bid, the project team, who will perform the work shall have a minimum experience requirement of successfully installing at least 3,000' of 8" to 20" trenchless sanitary sewer pipeline structural liner within the last 10 years collectively. The date, pipe size, rehabilitation method and location must be provided. A total of 2 owner references must be provided.

PART III

BID PROPOSAL INSTRUCTIONS AND FORMS

INSTRUCTIONS

1. REVIEW SECTION 1 OF THE FORM CAREFULLY AS IT EXPLAINS YOUR COMMITMENTS IN PROVIDING

THIS INFORMATION AND SUBMITTING A BID PROPOSAL.

2. FILL IN THE FORM UTILIZING THE PRINTED PAGES PROVIDED. NO ALTERATIONS MAY BE MADE TO THE PRINTED FORMS. PROVIDE THE REQUIRED INFORMATION FOR ALL ITEMS, INCLUDING ALTERNATES, IF APPLICABLE.

3. FILL IN ALL PRICES IN NUMERALS, IN INK, PRINTED OR TYPED IN THE SPACES PROVIDED. ADD GROSS

RECEIPTS TAXES AS A SEPARATE ITEM.

4. ALTERATIONS TO BID AMOUNTS BY ERASURES OR BY INTERLINEATIONS MUST BE INITIALED BY ALL

SIGNERS OF THE BID PROPOSAL.

5. FILL IN THE REQUIRED LICENSE, CERTIFICATE AND REGISTRATION NUMBERS AND THE ADDENDA

ACKNOWLEDGEMENT SECTION AT THE END OF THE FORM.

6. HAVE THE FORM SIGNED BY AN INDIVIDUAL AUTHORIZED TO SIGN ON BEHALF OF THE BUSINESS

SUBMITTING THE BID PROPOSAL.

7. ATTACH THE FOLLOWING FORMS CONTAINED IN THIS PART, COMPLETED IN ACCORDANCE WITH THE

INSTRUCTIONS AND SIGNED BY ALL SIGNERS OF THE BID PROPOSAL:

UNFAIR BUSINESS PRACTICES DISCLOSURE FORM

SFPA LISTING OF SUBCONTRACTORS

BID BOND

PERFORMANCE BOND

LABOR AND MATERIAL PAYMENT BOND

CONTRACTOR QUALIFICATIONS FORM

PREFERENCE ELIGIBILITY APPLICATION

8. ATTACH ALL CERTIFICATES, AFFIDAVITS AND ADDITIONAL INFORMATION REQUIRED TO OBTAIN

PREFERENCES AS NOTED IN THE PREFERENCE ELIGIBILITY APPLICATION.

INFORMATION NEEDED TO PREPARE THE BID PROPOSAL

• All Bidders shall comply with New Mexico statutes on Public Works Contracts, Sections

13-4-1, et seq. NMSA 1978.

• In order to submit a Bid Proposal valued at more than sixty thousand dollars ($60,000) for this Project, which is subject to the Public Works Minimum Wage Act (Sections 13-4- 10 to 13-4-17 NMSA 1978), Bidder, serving as a prime contractor or not, shall be registered with the Labor Relations Division of the New Mexico Workforce Solutions Department.

• Prevailing wage rates as indicated in the Wage Rate determination contained in Part IV of this RFB shall apply. There is no representation on the part of the Water Authority that labor can be obtained at the hourly rates shown. It is the responsibility of Bidders to inform themselves as to local labor conditions and prospective changes or adjustments of wage rates and fringe benefit rates. No increase in the Contract Price shall be allowed or authorized on account of the payment of wage rates or fringe benefit rates in excess of those listed.

file://prifas-cifs.abcwua.org/nmpublic/gateway.dll file://prifas-cifs.abcwua.org/nmpublic/gateway.dll file://prifas-cifs.abcwua.org/nmpublic/gateway.dll

• All license and royalty fees for products or for processes shall be paid directly by the

Contractor.

• All utilities and water for the Project must be supplied by the Contractor in compliance with the City of Albuquerque’s Water Conservation Landscaping and Water Waste Ordinance, Sections 6-1-1-1, et seq. ROA 1994, and the Water Authority’s Waste Water Ordinance, Sections 4-1-1 et seq.

• If any Allowances are included at the end of the Bid Proposal, they are estimated dollar amounts. The actual dollar amounts reimbursed may be less than, equal to, or greater than the stated allowances. The Water Authority shall reimburse the actual cost based on invoices.

• The bid amount submitted by the Bidder shall exclude any applicable gross receipts tax or applicable local option tax, which shall be stated separately, if applicable.

Gross Receipts Tax Increases or Decreases and Limitations on Payment of Increases.

The amount of all taxes in effect at the scheduled closing time for receipt of Bid Proposals shall be stated. Payment of any change of rate of Gross Receipts Taxes that take effect during the performance of the Contract shall be allowed as a corresponding change in the Contract Price, provided however, that the Water Authority’s payment to the Contractor of such Gross Receipts Tax rate change shall be only for progress payments or other billings submitted under the provisions of the Contract on or after the date the rate change goes into effect.

Special Instructions on Entering Gross Receipts Tax Where Different Tax Rates Apply. In the event the Work on the Project is within areas where different New Mexico Gross Receipts Tax Rates apply, the applicable tax rate for each such area and the estimated percentage of the Work to be performed in each such area is provided in this form. All Bidders shall use the rate and percentage provided only for purposes of calculating the Bid.

It shall be the sole responsibility of the Bidder awarded the Contract, when submitting pay applications, to determine and properly use the correct tax rate for the amount of Work performed in each such area.

Gross Receipts Tax Surety Bond. Section 7-1-55 NMSA 1978 provides that any person engaged in the construction business who does not have its principal place of business in New Mexico and enters into a prime construction contract to be performed in this State, for which Gross Receipts Taxes will exceed $50,000, shall at the time such contract is entered into, furnish the Secretary of the New Mexico Taxation & Revenue Department or the Secretary’s delegate with a surety bond, or other acceptable security, in a sum equivalent to the gross receipts to be paid under the Contract multiplied by the applicable rate of the Gross Receipts Tax imposed by Section 7-9-4 NMSA 1978, plus the applicable rate of local Gross Receipts Taxes, to secure payment of the tax imposed on the gross receipts from the Contract, and shall obtain a certificate from the Secretary of the New Mexico Taxation & Revenue Department or the Secretary’s delegate that the requirements of this Section have been met.

BID PROPOSAL FORM

UNIT PRICE

To the Albuquerque Bernalillo County Water Utility Authority (hereinafter called "Owner"):

1. The undersigned (hereinafter called "Bidder") in compliance with the Request for Bids for the construction of the Project, having carefully examined the RFB and the site of the proposed Work, and being familiar with all of the conditions surrounding the construction of the proposed Project including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies, and to construct the Project in accordance with the Contract resulting from this RFB, within the time set forth herein, and at the unit prices stated below plus New Mexico Gross Receipts Tax (NMGRT). These unit prices plus NMGRT are to cover all expenses incurred in performing the Work required under the Contract of which this Bid Proposal is a part. Quantities shown in this Unit Price Bid Proposal (and in Alternates, if any) are estimated and payment will be made on the basis of confirmed quantities as constructed.

All TOTAL amounts of the Base Bid (and Alternates, if any) shall be shown in both words and figures. In case of discrepancies, the Unit Price will govern.

2. BID PROPOSAL - Unit Prices

3098.00 FY25 Small Diameter SAS Rehab Design - Trenchless - Base Bid

Bid Item

Build

Note # Item Description Est.

Qty Unit Unit

Price Amount

Task 1 Base Bid - Menaul Blvd. At Carlisle Blvd. STA. 100+00 - STA. 114+43

1 920.430 Remove and replace existing 24" manhole frame, cover, and collar, per Standard Specification 920, complete.

3 EA

2 33 01 30.110

Pre-Rehabilitation CCTV Inspection of Sanitary Sewer Pipeline, 8-Inch Diameter, Complete.

1,450 LF

3 33 01 30.4110

Gravity Pipeline Cleaning, 8-Inch Diameter, Non-metallic, Complete. 1,450 LF

4 33 01 30.72/80.1

Rehabilitate Pipeline by Trenchless Methodology, 8- Inch Diameter (Flow control installation and removal, including work, material, and operation shall be included within pipeline rehabilitation unit bid price), Complete and in place.

1,450 LF

5 33 01 30.72/80.2

Reinstate service lateral connection on pipeline rehabilitated by trenchless methodology, Complete and in place.

10 EA

6 33 01 30.8111

Rehabilitate existing sanitary sewer manhole, 4-ft Diameter, Existing manhole depth is 6-10 feet, Complete and in place.

5 EA

7 33 01 30.815

Manhole Lining System Application, per Supplemental Technical Specification 33 01 30.81, complete.

137 SF

Task 1 - Subtotal of Base Bid Items No. 1 through 7 $

8 006.050 Construction mobilization (not to exceed 5% of the subtotal of task) 1 LS

9 006.060 Construction demobilization (not to exceed 2% of the subtotal of task) 1 LS

Task 1 - Subtotal of Base Bid Items 1 through 9 $

TASK 2 Base Bid - Hahn Arroyo At Mars Rd. STA. 100+00 - STA. 102+09 & STA. 200+00 - 202+48

10 33 01 30.111

Pre-Rehabilitation CCTV Inspection of Sanitary Sewer Pipeline, 10-Inch Diameter, Complete.

255 LF

11 33 01 30.114

Pre-Rehabilitation CCTV Inspection of Sanitary Sewer Pipeline, 16-Inch Diameter, Complete.

215 LF

12 33 01 30.4111

Gravity Pipeline Cleaning, 10-Inch Diameter, Metallic, Complete. 255 LF

13 33 01 30.4114

Gravity Pipeline Cleaning, 16-Inch Diameter, Metallic, Complete. 215 LF

14 33 01 30.72/80.1

Rehabilitate Pipeline by Trenchless Methodology, 10-Inch Diameter (Flow control installation and removal, including work, material, and operation shall be included within pipeline rehabilitation unit bid price), Complete and in place.

255 LF

15 33 01 30.72/80.1

Rehabilitate Pipeline by Trenchless Methodology, 16-Inch Diameter (Flow control installation and removal, including work, material, and operation shall be included within pipeline rehabilitation unit bid price), Complete and in place.

215 LF

16 701.010

Trenching, backfilling and…