Professional_Engineering_Services_for_Buckman_Direct_Diversion_Facility_(Addendum_#1_Revision).pdf

The City of Santa Fe (City), Central Purchasing Division (CPD)

AND

Buckman Direct Diversion

REQUEST FOR PROPOSALS (RFP)

RFP#: FY26-TRFQP - A&E-094 - Professional Engineering Services for Buckman Direct Diversion Facility

Table Of Contents

1. INTRODUCTION

2. CONDITIONS GOVERNING THE PROCUREMENT

3. RESPONSE FORMAT AND ORGANIZATION

4. SCOPE OF WORK

5. EVALUATION

6. EVALUATION PHASES

7. VENDOR QUESTIONNAIRE

I. INTRODUCTION

PURPOSE OF THIS RFP

The purpose of this Request for Qualifications (“RFQ”) is to solicit Statements of Qualifications (“SOQ” or

“SOQs”) from a qualified Offeror interested in providing Professional Engineering Services for the redesign and reconstruction of portions of the Buckman Direct Diversion Facility (Facility) intake and raw water pumping facilities. This RFQ is being issued by the City of Santa Fe (City) on behalf of the Buckman Direct

Diversion Board (Board).

BACKGROUND INFORMATION

The Facility is a diversion and treatment plant on the Rio Grande River near Santa Fe, New Mexico. The point of diversion is approximately 15 miles northwest of the City of Santa Fe and is located about three miles from the confluence of the Rio Grande River and Los Alamos Canyon.

The Facility was intended to operate in this fashion:

• Raw water is pulled from the Rio Grande diversion site.

• Sediment is removed near the diversion site through Lakos separators.

• Water is pumped uphill (1,100 vertical feet through 11 miles of 30” raw water pipe and three pump stations).

• The water is filtered and purified at an advanced treatment plant.

• Drinking water is then pumped to the utility providers.

• The illustration of the major systems in the process train are uploaded in the Vendor Questionnaire #18

The Board was created pursuant to a Joint Powers of Agreement between the City and Santa Fe County, effective March 11, 2005. The Board oversees the management and operations of the Facility. The Board is made up of two City Councilors, two County Commissioners, an At Large Citizen member, an Alternate

Citizen member, and two non-voting representatives from the Las Campanas Community.

Under the Joint Powers Agreement for the Facility, the Board is responsible for diverting, treating, and transmitting surface water in accordance with respective diversion allocations and delivery demands.

The planning and design of the Facility began in 2001 and the Facility became operational in 2011. The Facility was expected by the Board to provide the necessary robust diversion, treatment, and reliable operations to meet much of the water demands of the City and the County for the foreseeable future. The Facility was intended to be able to divert, convey, and treat varying daily and monthly water diversion volumes, depending on water demands and source water availability. A maximum daily diversion of 20.8 MGD (32.2 CFS) at the river and 15

MGD net at the treatment plant could be needed at any time throughout the year.

The Facility does not currently operate or perform as anticipated or desired, due to a number of issues. Many of the issues can be attributed to the Facility’s inability to adequately address extensive seasonal and precipitation triggered fluctuations in sediment and turbidity conditions in the Rio Grande. To improve the Facility’s performance and operation, the Board anticipates that design and construction of a new intake facility to exclude sediment from entering the intake will be a first step priority, coupled with improvements to the sediment removal process.

The Facility is the foundation of a resilient water future for the partners and as such a permanent solution must be achieved.

SCOPE OF PROCUREMENT

The resulting contract will result in a Single Award - This procurement will result in a contractual agreement between two parties; the procurement may ONLY be used by those two parties exclusively.

The Board anticipates that a new intake structure will need to be designed and constructed. It is further anticipated that the Project may require planning, design, permitting, budgeting or operational support addressed in subsequent phases as directed by the Board.

The Board is considering various methods, such as Construction Manager at Risk (CMAR and or CM/GC), or

Design-Bid-Build, etc., to accomplish the final product needed to intake water from the Rio Grande River. The

Engineer will be involved with all stakeholders (depending on method) throughout the Project.

PROCUREMENT MANAGER

Buckman Direct Diversion has assigned a Procurement Manager who is responsible for the conduct of this procurement whose name, address, telephone number, and email address are listed below:

Name Alexis Garcia, ADMINISTRATIVE MANAGER

Telephone Number (505) 955-4508

Email ajgarcia1@santafenm.gov

1. Any inquiries or requests regarding this procurement should be submitted via the OpenGov

Procurement Portal at https://procurement.opengov.com/portal/santafenm/projects/261690.

DEFINITION OF TERMINOLOGY

This section contains definitions of terms used throughout this procurement document, including appropriate abbreviations:

A. "Addendum" means a written or electronic document issued by the City to modify, clarify, or supplement the information in the original RFQ prior to the proposal due date. This may also be called

Amendment or RFQ Amendment.

B. “Amended Proposal” means a revised and complete version of a proposal submitted by an Offeror prior to the proposal due date, clearly labeled as superseding the original submission.

C. “Authorized Purchaser” means an individual authorized by a Participating Entity to place orders against this contract.

D. “Award” means the point at which the contract document has been fully executed. See also “Contract” and “Final Award".

https://procurement.opengov.com/portal/santafenm/projects/261690

E. “Evaluation” means an evaluation process in which identifying information is removed from proposals to ensure objective scoring by the Evaluation Committee.

F. "“Board” means the Buckman Direct Diversion Board or the Board’s staff and consultants.

G. “Business Hours” means the normal business hours of the Requesting department; 8:00 AM through

5:00 PM Mountain Standard or Daylight Time, whichever is in effect on the date given.

H. “Central Purchasing Division” or “CPD” means the City office responsible for overseeing and managing the procurement of tangible personal property, services, and construction, including ensuring compliance with applicable procurement laws, policies, and procedures.

I. “Chief Procurement Officer” or “CPO” means that person within the CPD who is responsible for the control of procurement of items of tangible personal property, services, or construction.

J. “City” means the City of Santa Fe, New Mexico which in the procurement context may act through the

Finance Director, City Manager, or Governing Body.

K. “Close of Business” means the normal close of business of the Requesting Department; 5:00

PM Mountain Time.

L. “Confidential” means confidential financial information concerning Offeror’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act NMSA 1978, Sections

57-3-A-1 through 57-3A-7. The following items may not be labelled as confidential: Offeror’s submitted Staff/Personnel Resumes/Bios (excluding personal information such as personal telephone numbers and/or home addresses), and other submitted data that is not confidential financial information or that qualifies under the Uniform Trade Secrets Act.

M. “Consulting Engineer” means Wright Water Engineers.

N. “Contract” means any agreement or Price Agreement for the procurement of items of tangible personal property, services, or construction.

O. “Contractor” means any business having a contract with the City of Santa Fe.

P. “Department” means the Requesting Department sponsoring this Procurement.

Q. “Determination” means the written documentation of a decision of a procurement officer including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

R. “Desirable” the terms “may,” “can,” “should,” “preferably,” or “prefers,” identify a desirable or discretionary item or factor.

S. “Electronic Submission” means a successful submittal of Offeror’s proposal consisting of text, images or both readable on computers or other electronic devices.

T. “Evaluation Committee” means a body appointed to perform the evaluation of Offerors’ proposals.

U. “Evaluation Committee Report” means a report prepared by the Procurement Manager and the

Evaluation Committee to support the Committee’s recommendation for contract award. It will contain scores and written evaluations of all responsive Offeror proposals.

V. “Final Award” means the point at which the contract(s) resulting from this RFQ have been fully executed through the final required signature—either by the City Manager or City Mayor, depending on the contract amount—thereby making the contract(s) legally binding. See also “Contract.”

W. “Finalist” means an Offeror who meets all the mandatory specifications of this RFQ and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.

X. “Hourly Rate” means the proposed fully loaded maximum hourly rates that include travel, per diem, fringe benefits and any overhead costs for contractor personnel, as well as subcontractor personnel if appropriate.

Y. “Living Wage” means the minimum hourly wage established by the City of Santa Fe’s Living Wage

Ordinance, which contractors must comply with, as posted at https://santafenm.gov/economic-development/business-resources/living-wage-information.

Z. “Mandatory” the terms “must,” “shall,” “will,” “is required,” or “are required,” identify a mandatory item or factor. Failure to meet a mandatory item or factor may result in the rejection of the Offeror’s proposal.

AA. “Minor Irregularities” means anything in the proposal that does not affect the price, quality and/or quantity, or any other mandatory requirement.

BB. “Offeror” means any person, corporation, or partnership who chooses to submit a proposal.

CC. “OpenGov” means the City of Santa Fe’s official electronic procurement platform used to post solicitations, receive vendor proposals, facilitate communication with Offerors, and manage procurement activities in a transparent, streamlined, and auditable manner.

DD. “Procurement Manager” or “PM” means any person authorized by both the CPD and the

Requesting Department to facilitate the procurement process and/or administer the resulting contract(s).

The Procurement Manager is responsible for managing all aspects of the procurement, including planning and coordinating all related events; ensuring that all required information is provided to potential offerors, the Evaluation Committee, and CPD; and preparing and processing the Evaluation

Committee Report. The Procurement Manager ensures compliance with all applicable requirements and serves as the primary point of contact throughout the procurement lifecycle. The Procurement Manager is the sole point of contact for all communication related to the procurement. Potential Offerors, City staff, and CPD must direct all questions or information through the PM. Staff in the Requesting

Department must rely on the PM to serve as the liaison between their department and CPD to maintain consistency, transparency, and compliance. When questions, challenges, or issues arise during the procurement process, the Procurement Manager should consult with CPD for guidance. CPD is available to support and facilitate the RFQ process and to assist the Procurement Manager in ensuring a smooth, fair, and compliant procurement.

https://santafenm.gov/economic-development/business-resources/living-wage-information https://santafenm.gov/economic-development/business-resources/living-wage-information

EE. “Project” means a temporary process undertaken to solve a well-defined goal or objective with clearly defined start and end times, a set of clearly defined tasks, and a budget. The project terminates once the project scope is achieved, and project acceptance is given by the project executive sponsor.

FF. “Protest” means a formal, written objection to a solicitation or contract award, submitted in accordance with NMSA 1978, Section 13-1-172 and Procurement Manual, to the Protest Manager identified in this

RFP.

GG. “Request for Qualifications” or “RFQ” means all documents, including those attached or incorporated by reference, used for soliciting proposals.

HH. “Requesting Department” means the City Department responsible for overseeing the work or delivery of tangible personal property by a contractor.

II. “Responsible Offeror” means an Offeror who submits a responsive proposal and who, when required, provides information and documentation demonstrating that their financial resources, production or service facilities, personnel, reputation, and experience are sufficient to ensure satisfactory delivery of the services or tangible personal property described in the proposal.

JJ. “Responsive Offer” means an Offeror whose proposal conforms in all material respects to the requirements set forth in the RFQ. Material aspects of the RFQ include, but are not limited to, price, quality, quantity, delivery requirements, and compliance with all mandatory specifications, terms, and conditions necessary for fair and complete evaluation.

KK. “Sealed” means, in terms of electronic submission, an Offeror’s proposal and all accompanying documents have been completely and successfully uploaded into the City’s designated procurement platform—such as OpenGov—prior to the submission deadline stated in this RFQ.

LL. “Staff” refers to any individual employed by an Offeror, whether on a full-time, part-time, or independent contractor basis.

MM. “Written” means typewritten on standard 8 ½ x 11-inch paper. Larger paper is permissible for charts, spreadsheets, etc.

PROCUREMENT LIBRARY

A procurement library has been established. Offerors are encouraged to review the material contained in the

Procurement Library by viewing the attachment section of the solicitation. The library contains information listed below:

Electronic version of RFQ, Questions & Answers, RFQ Amendments, etc.

https://procurement.opengov.com/portal/santafenm/projects/261690

II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP contains the schedule of events, the descriptions of each event, and the conditions governing this procurement.

TIMELINE

The Central Purchasing Division (CPD) and the Procurement Manager will make every effort to adhere to the following schedule:

Issue RFP: May 7, 2026

Pre-Proposal Meeting (Mandatory): May 21, 2026, 10:00am https://teams.microsoft.com/meet/26918996

2156179?p=hRXVtb0WezXxlnCD00

Site Visit (Mandatory): May 22, 2026, 10:00am

341 Caja Del Rio Road

Deadline for Written Questions: May 28, 2026, 5:00pm

Response to Written Questions: June 2, 2026, 5:00pm

Proposals Due Date: June 16, 2026, 3:00pm

Evaluation*: June 17, 2026, 10:00am

Oral Presentations*: June 23, 2026, 10:00am

Selection of Finalists*: June 30, 2026

Finalize Contracts*: July 9, 2026

Contract Award*: July 31, 2026

*Dates indicated after "Proposals Due Date" are estimates only and may be subject to change without necessitating an amendment to the RFP.

EXPLANATION OF EVENTS

The following paragraphs describe the activities listed in the timeline. The City reserves the right to:

A. Change or extend the Proposals Due Date.

B. Revise the RFQ document prior to the due date.

The City will process an addendum if it is determined that modifications, clarifications, or additions to the RFQ are necessary. Any addenda will be announced via email to registered Potential Offerors that have selected the corresponding commodity code used for this event.

A. Issue RFQ

This RFQ is being issued on behalf of the City on the date indicated in the timeline.

B. Pre-Proposal Meeting

A Pre-Proposal Meeting will be held as indicated in the Timeline, beginning at 10:00 am MST/MDT via https://teams.microsoft.com/meet/269189962156179?p=hRXVtb0WezXxlnCD00 https://teams.microsoft.com/meet/269189962156179?p=hRXVtb0WezXxlnCD00 https://teams.microsoft.com/meet/269189962156179?p=hRXVtb0WezXxlnCD00 Potential Offeror(s) are encouraged to submit written questions in advance of the conference to the CPD and the

Procurement Manager via the OpenGov Procurement Portal. Additional written questions may be submitted at the Meeting. All questions answered during the Pre-Proposal Meeting will be considered unofficial until they are posed in writing. All written questions will be addressed in writing on the date listed in the Timeline. A public log will be kept of the names of potential Offeror(s) that attended the

Pre-Proposal Meeting.

Attendance at this meeting is highly recommended, but not a prerequisite for submission of a proposal.

C. Site Visit

A mandatory Site Visit will be held as indicated in the Timeline, at 341 Caja Del Rio Rd. The Site Visit is intended to provide potential Offerors with an opportunity to inspect the site and obtain clarification regarding the requirements of the RFP. Attendance at the Site Visit is a prerequisite for submitting a proposal.

During the Site Visit, potential Offerors will be given a walkthrough of the location. Offerors are encouraged to ask questions during the Site Visit for clarity. However, any responses provided by the

Procurement Manager or representatives during the Site Visit will be considered unofficial and non-binding. Offerors must submit all questions in writing via the OpenGov Procurement Portal, and official responses will be provided in writing on the date listed in the Timeline.

D. Deadline for Written QuestionPotential Offerors may submit written questions to CPD and the

Procurement Manager as to the intent or clarity of this RFQ as indicated in Section the Timeline. All written questions must be submitted via the OpenGov Procurement Portal. Questions shall be clearly labeled and shall cite the Section(s) in the RFQ or other document which form the basis of the question.

E. Responses to Written Questions

Responses to the written questions will be provided on OpenGov, on or before the date indicated in the

Timeline.

F. Proposals Due Date

Only electronic proposal submission is allowed.

ALL PROPOSALS MUST BE SUBMITTED FOR REVIEW AND EVALUATION BY THE CPD

AND EVALUATION COMMITTEE VIA UPLOAD.

Pursuant to NMSA 1978, Section 13-1-116, the contents of proposals shall not be disclosed to competing Offerors during the negotiation process. The negotiation process is deemed to be in effect until the contract is awarded pursuant to this RFQ. Awarded in this context means approved by the

Board.

G. Evaluation

An Evaluation Committee will perform the evaluation of proposals. This process will take place as indicated in the timeline, depending upon the number of proposals received. During this time, CPD and/or the Procurement Manager may initiate discussions with Offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals. However, proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors.

H. Selection of Finalists

The Evaluation Committee will select, and the Procurement Manager will notify the finalist Offerors as per the timeline or as soon as possible thereafter. A schedule for the Interview, if any, will be determined at this time. Finalists will be comprised of a maximum of five (5) Offerors receiving the highest cumulative scores in the following Sections: Organizational Experience, Organizational

References, Mandatory Specifications, Financial Stability and Interviews.

I. Interviews

Finalist Offerors may be required to conduct an interview at a venue to be determined as per the timeline or as soon as possible thereafter. If interviews are held, Finalist Offerors may be required to make their presentations through electronic means (GoToMeeting, Zoom, etc.). The Department will provide

Finalist Offerors with applicable details. Whether or not interviews will be held is at the discretion of the

Evaluation Committee and CPD.

J. Finalize Contracts

After approval of the Evaluation Committee Report, any contractual agreement(s) resulting from this

RFQ will be finalized with the most advantageous Offeror(s), taking into consideration the evaluation factors set forth in this RFQ, as per Section the Timeline or as soon as possible thereafter. The most advantageous proposal may or may not have received the most points. In the event mutually agreeable terms cannot be reached with the apparent most advantageous Offeror in the timeframe specified, the

City and the Board reserves the right to finalize a contractual agreement with the next most advantageous Offeror(s) without undertaking a new procurement process.

K. Contract Awards

Upon receipt of the signed contract, the Board will award pursuant to, or as soon as the Timeline possible thereafter. The award is subject to Board approval. Contractors must not commence work until the Board issues them a Purchase Order (PO) and instructions to start.

L. Protest Deadline

Any protest by an Offeror pertaining to the solicitation or award must be submitted within 15 days from the notice of solicitation or award and in conformance with NMSA 1978, Section 13-1-172 and applicable procurement regulations. As a Protest Manager has been named in this RFQ, pursuant to

NMSA 1978, Section 13-1-172 and Procurement Manual Section Y, ONLY protests delivered directly to the Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule, and this RFQ. The 15-calendar day protest period shall begin on the day following the notice of award of contract(s) and will end at 5:00 pm MST/MDT on the

15th day. Protests must be written and must include the name and address of the protestor and the RFQ number. The protest must include a detailed statement of the grounds for the protest, along with any relevant supporting documentation. It should also clearly state the specific ruling being requested from the party listed below. The protest must be delivered to:

Travis Dutton-Leyda, CPO

City of Santa Fe purchasing@santafenm.gov

PROTESTS RECEIVED AFTER THE DEADLINE WILL NOT BE ACCEPTED.

General Requirements

A. Acceptance of Conditions Governing the Procurement

By submitting a proposal in response to this RFQ, Offerors acknowledge and agree to all Conditions

Governing the Procurement, as outlined herein.

B. Incurring Cost

All costs incurred by an Offeror in the preparation, submission, transmittal, or presentation of a proposal—including any related materials—are the sole responsibility of the Offeror. Additionally, any costs associated with the setup, demonstration, or evaluation of proposed equipment, products, or systems shall be borne entirely by the Offeror.

C. Prime Contractor Responsibility

By receiving a contract resulting from this RFQ, each awarded Contractor is solely responsible for fulfilling all contractual requirements with the Board. The City will make payments only to the

Contractor(s) named in the executed agreement(s) and will not be responsible for any payments to subcontractors, third parties, or for any ancillary costs such as taxes, permits, or fees.

D. Subcontractors/Consent

The use of subcontractors is allowed. The prime contractor shall be wholly responsible for the entire performance of the contract whether subcontractors are used. Additionally, the prime contractor must receive approval, in writing, from the Board before any subcontractor is used during the term of the resultant contract.

E. Amended Proposals

Offerors may submit amended proposals at any time prior to the Proposal Due Date. Each amended submission must serve as a complete replacement of the original proposal. Amendments may be submitted in response to changes issued by the City/BDD or to reflect revisions made independently by the Offeror. To ensure clarity during evaluation, all amended proposals must be clearly labeled as such and must explicitly state that they supersede any previously submitted versions. The City/BDD will evaluate only the most recent, complete version submitted prior to the deadline. City/BDD staff will not merge, collate, or otherwise combine materials from multiple submissions.

F. Proposal Withdrawal

Offerors may withdraw their proposals at any time prior to the Proposal Due Date. A written request to withdraw must be submitted via email, addressed to the CPD and the Procurement Manager, and signed by a duly authorized representative of the Offeror. Withdrawal requests received after the Proposal Due

Date will be subject to applicable procurement regulations and are not guaranteed to be accepted.

mailto:purchasing@santafenm.gov

G. Proposal Offer Firm

Responses to this RFQ will be considered firm for one-hundred eighty (180) days after the due date for receipt of proposals or one-hundred eighty (180) days after the due date for the receipt of a best and final offer, if the Offeror is invited or required to submit one.

H. Disclosure of Proposal Contents

The contents of all submitted proposals will be kept confidential until the final award has been completed by the Board. At that time, all proposals and documents pertaining to the proposals will be available for public inspection, except for proprietary or confidential material as follows:

1. Proprietary and Confidential information is restricted to:

a. confidential financial information concerning the Offeror’s organization; and

b. information that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, NMSA 1978, Sections 57-3A-1 through 57-3A-7.

2. An additional but separate redacted version of Offeror’s proposal shall be submitted containing the blacked-out proprietary or confidential information, to facilitate eventual public inspection of the non-confidential version of Offeror’s proposal.

IMPORTANT: The price of products offered, or the cost of services proposed SHALL NOT be designated as proprietary or confidential information.

If a request is received for disclosure of proprietary or confidential materials, the City Attorney and the CPO shall examine the request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the Offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of proprietary or confidential information.

I. No Obligation

This RFQ in no manner obligates the City/Board to the use of any Offeror’s services until a valid written contract is awarded and approved by appropriate authorities.

J. Termination

This RFQ may be canceled at any time and all proposals may be rejected in whole or in part when the

City/Board determines such action to be in the best interest of the City/Board

K. Sufficient Appropriation

Any contract awarded because of this RFQ process may be terminated if sufficient appropriations or authorizations do not exist. Such terminations will be affected by sending written notice to the contractor. The City’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

L. Legal Review

The City/Board requires that all Offerors agree to be bound by the General Requirements contained in this RFQ. Any Offeror’s concerns must be promptly submitted in writing to the attention of the CPD and the Procurement Manager.

M. Governing Law

This RFQ and any agreement with an Offeror which may result from this procurement shall be governed by the laws of the State of New Mexico.

N. Basis for Proposal

Only information supplied in writing by the CPD and the Procurement Manager or contained in this

RFQ shall be used as the basis for the preparation of Offeror proposals.

O. Contract Terms and Conditions

The contract between the Board and a contractor will follow the format specified by the Board and contain the terms and conditions set forth in the Draft Contract. However, the Board reserves the right to negotiate provisions in addition to those contained in this RFQ Draft Contract with any Offeror. The contents of this RFQ, as revised and/or supplemented, and the successful Offeror’s proposal will be incorporated into and become part of any resultant contract.

The Board discourages exceptions from the contract terms and conditions as set forth in the Draft

Contract. Such exceptions may cause a proposal to be rejected as nonresponsive when, in the sole judgment of the Board (and its evaluation team), the proposal appears to be conditioned on the exception, or correction of what is deemed to be a deficiency, or an unacceptable exception is proposed which would require a substantial proposal rewrite to correct.

Should an Offeror object to any of the terms and conditions as set forth in the RFQ Draft Contract strongly enough to propose alternate terms and conditions despite the above, the Offeror must propose specific alternative language. The Board may or may not accept the alternative language. General references to the Offeror’s terms and conditions or attempts at complete substitutions of the Draft

Contract are not acceptable to the Board and will result in disqualification of the Offeror’s proposal.

Offerors must provide a brief discussion of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording.

If an Offeror fails to propose any alternate terms and conditions during the procurement process (the

RFQ process prior to selection as successful Offeror), no proposed alternate terms and conditions will be considered later during the negotiation process. Failure to propose alternate terms and conditions during the procurement process (the RFQ process prior to selection as successful Offeror) is an explicit agreement by the Offeror that the contractual terms and conditions contained herein are accepted by the

Offeror.

P. Offeror’s Terms and Conditions

Offerors must include with their proposal a complete list of any additional/modified terms and conditions they wish to have considered for inclusion in the final contract. Offerors must clearly identify the specific section(s) of the City’s draft contract they propose to modify and provide the exact language they wish to substitute or add. Failure to submit proposed terms at the time of proposal submission may result in the City deeming those terms waived during contract negotiations.

Q. Contract Deviations

Any additional terms and conditions, which may be the subject of negotiation (such terms and conditions having been proposed during the procurement process, that is, the RFQ process prior to selection as successful Offeror), will be discussed only between the Board and the Offeror selected and shall not be deemed an opportunity to amend the Offeror’s proposal.

R. Offeror Qualifications

The Evaluation Committee may make such investigations as necessary to determine the ability of the potential Offeror to adhere to the requirements specified within this RFQ. The Evaluation Committee will reject the proposal of any potential Offeror who is not a Responsible Offeror or fails to submit a

Responsive Offer as defined in NMSA 1978, Sections 13-1-83 and 13-1-85.

S. Right to Waive Minor Irregularities

The Evaluation Committee, upon approval from the CPO, reserves the right to waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements, if all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the

Evaluation Committee and CPO.

T. Change in Contractor Representatives

The Board reserves the right to require a change in the contractor’s assigned representative if, in the

Board's judgment, the individual is not adequately meeting the Board's needs. If multiple representatives are assigned, the Board may require changes to any or all of them as deemed necessary.

U. Notice of Penalties

NMSA 1978, Sections 13-1-28 through 13-1-199, imposes civil, and misdemeanor and felony criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities, and kickbacks.

V. City/Board's Rights

The City/Board, in agreement with the Evaluation Committee reserves the right to accept all or a portion of a potential Offeror's proposal.

W. Right to Publish

Throughout the duration of this procurement process and contract term, Offerors and contractors must secure from the Board written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement and/or Board contracts deriving from this procurement. Failure to adhere to this requirement may result in disqualification of the Offeror’s proposal or removal from the contract.

X. Ownership of Proposals

All documents submitted in response to the RFQ shall become property of the City/Board. If the RPQ is cancelled, the electronic record shall be closed, and all proposals shall remain confidential.

Y. Confidentiality

Any confidential information provided to, or developed by, the contractor in the performance of the contract resulting from this RFQ shall be kept confidential and shall not be made available to any individual or organization by the contractor without the prior written approval of the Board.

The Contractor(s) agrees to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the Board's written permission.

Z. Electronic Mail Address Required

A large part of the communication regarding this procurement will be conducted by electronic mail

(email). Offeror must be registered and have a valid email address to receive correspondences.

AA. Use of Electronic Versions of This RFQ

This RFQ is being made available by electronic means. In the event of conflict between a version of the

RFQ in the Offeror’s possession and the version maintained by the CPD, the Offeror acknowledges that the version maintained by the CPD shall govern. Please refer to:

https://procurement.opengov.com/portal/santafenm/projects/261690

BB. Campaign Contribution Disclosure Form

Offeror must complete, sign, and return the Campaign Contribution Disclosure Form, as a part of their proposal. This requirement applies regardless of whether a covered contribution was made or not made for the positions of Governor and Lieutenant Governor, City Officials or other identified official. Failure to complete and return the signed, unaltered form will result in Offeror’s disqualification.

CC. Disclosure Regarding Responsibility

1. Any prospective Contractor and any of its Principals who enter a contract greater than sixty thousand dollars ($60,000.00) with any state agency or local public body for professional services, tangible personal property, services or construction agrees to disclose whether the Contractor, or any principal of the Contractor’s company:

a. is presently debarred, suspended, proposed for debarment, or declared ineligible for award of contract by any federal entity, state agency or local public body;

b. has within a three-year period preceding this offer, been convicted in a criminal matter or had a civil judgment rendered against them for:

i. the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) contract or subcontract;

ii. violation of Federal or state antitrust statutes related to the submission of offers; or

iii. the commission in any federal or state jurisdiction of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violation of

Federal criminal tax law, or receiving stolen property;

c. is presently indicted for, or otherwise criminally or civilly charged by any (federal state or local) government entity with the commission of any of the offenses enumerated in paragraph A of this disclosure;

d. has, preceding this offer, been notified of any delinquent Federal or state taxes in an amount that exceeds $3,000.00 of which the liability remains unsatisfied. Taxes are considered delinquent if the following criteria apply.

i. The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge of the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

ii. The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

iii. Have within a three-year period preceding this offer, had one or more contracts terminated for default by any federal or state agency or local public body.)

2. Principal, for the purpose of this disclosure, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity or related entities.

3. Following award, the Contractor shall promptly provide written notice to the individuals listed in the contract’s Notice section if, at any time during the term of the contract, the Contractor becomes aware that any part of its prior disclosure was inaccurate or has become inaccurate due to changed circumstances.

4. Disclosure of any relevant circumstances under this requirement will not automatically result in termination of the contract. However, such disclosures will be considered when evaluating the

Contractor’s responsibility and capacity to perform under the contract. Failure to provide a required disclosure, or to submit additional information upon request, may result in a determination that the

Offeror is nonresponsive

5. Nothing contained in the foregoing shall be construed to require establishment of a system of records to render, in good faith, the disclosure required by this document. The knowledge and information of a Contractor is not required to exceed that which is the normally possessed by a prudent person in the ordinary course of business dealings.

6. The disclosure requirement provided is a material representation of fact upon which reliance was placed when making an award and is a continuing material representation of the facts during the term of this Agreement. If during the performance of the contract, the Contractor is indicted for or otherwise criminally or civilly charged by any government entity (federal, state, or local) with commission of any offenses named in this document the Contractor must provide immediate written notice to the CPO or other party to this Agreement. If it is later determined that the Contractor knowingly rendered an erroneous disclosure, in addition to other remedies available to the

Government, the CPO may terminate the involved contract for cause. Still further the CPO may suspend or debar the Contractor from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the CPO

DD. Local Preferences

To qualify for a local preference, an Offeror must attach a state of New Mexico Taxation and Revenue

Department-issued, Resident Business certification of eligibility to its proposal, showing that the business is located within the Santa Fe municipal limits. If a proposal is received without a copy of the appropriate State of New Mexico Taxation and Revenue Department issued preference Certificate, the preference will not be applied. A valid resident business certificate is issued by the Taxation and

Revenue Department pursuant to NMSA 1978, Section 13-1-22.

1. When the City makes a purchase using a formal request for proposals process, not including contracts awarded on a point-based system, the City shall award additional 3% of the total weight of all the factors used in evaluating the proposal to a local resident business. The City shall award an additional 3% of the total weight of all the factors used in evaluating the proposal to a business with all resident business subcontractors.

2. When the City makes a purchase using a formal request for proposals’ process and the contract is awarded based on a point-based system, the City shall award additional points equivalent to 3% of the total possible points to a local resident business. The City shall award an additional 3% of the total possible points to a business with all resident business subcontractors.

When city preferences apply, the maximum available local preference shall be 6%.

Applications are available for download at: http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

3. Solicitations above One Million Dollars ($1,000,000)

a. The City shall deem a bid or proposal submitted by a resident business to be 6% lower than the bid submitted, if and only if at least 50% of the subcontracted services go to subcontractors who are resident businesses.

b. The City shall deem the bid or proposal submitted by a non-local resident business to be 3% lower than the bid submitted, if and only at least 50% of the sub- contracted services go to subcontractors who are resident businesses.

The Local Preferences shall not apply if the expenditure for the resulting agreement includes federal funds.

III. RESPONSE FORMAT AND ORGANIZATION

NUMBER OF RESPONSES

Offerors shall complete and submit only one response to this RFQ through OpenGov.

Confidential Information: If Offeror’s proposal contains confidential information, as defined in Definition of

Terminology, Offeror must submit two (2) separate ELECTRONIC technical files. Name the files accordingly:

• One (1) ELECTRONIC version of the requisite proposals identified above as a "Confidential"

(unredacted) version for evaluation purposes (example file name, Confidential Technical); and http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

• One (1) "Public" (redacted) ELECTRONIC, for the public file, in order to facilitate eventual public inspection of the non-confidential version of Offeror’s proposal. Redacted versions must be clearly marked as “Public” on the first page of the electronic file. (Example file name, Public Technical)

IV. SCOPE OF WORK

<This section is used by the department to provide a Detailed Scope of Work that will also be included in the Draft Contract and the resulting contract.>

Scope of Work

The existing Facility diverts surface water from the Rio Grande at the Buckman Direct Diversion site and conveys it to a raw water pump station which transmits diverted water to the Sediment Handling Facility, where sediment is removed using Lakos separators. Following sediment removal, raw water is pumped approximately

1,100 vertical feet through approximately 11 miles of 30-inch raw water pipeline via two pump stations (Lift

Stations 1A and 2A). The water is then treated at the advanced water treatment plant and conveyed to participating utility providers. (See Vendor Questionnaire #18 for major systems within the process train.)

The Facility was intended to be able to divert, convey, and treat varying daily and monthly water diversion volumes, depending on water demands and source water availability. A maximum daily diversion of 20.8 MGD

(32.2 CFS) at the river and 15 MGD net at the treatment plant could be needed at any time throughout the year.

The Facility does not currently operate or perform as anticipated or desired, due to several issues. Many of those issues can be attributed to the Facility’s inability to adequately address high and highly variable sediment and turbidity conditions in the Rio Grande. Those problems include, but are not limited to:

• The intake structure diverts water and sediment through the full water column, is difficult to access and maintain, and does not exclude bedload sediment;

• The current Lakos separator system configuration does not consistently achieve effective sediment removal under the range of operating conditions experienced at the facility;

• The booster pumps at Lift Stations 1A and 2A experience accelerated wear and reliability issues due to high sediment loads.

To improve the Facility’s performance and operation, the Board anticipates that a new intake structure will need to be designed and constructed to minimize the entrainment of sediment. That design project is referred to as the

“Project.” It is further anticipated that the Project may require planning, design, permitting, budgeting or operational support addressed in subsequent phases as directed by the Board.

The Board has developed three concept-level intake configurations. The concepts are included in Vendor

Questionnaire #17. The selected Engineer will be expected to advance the three concept-level intake configurations to a 15% level for an alternatives evaluation and then develop the selected alternative to a 30% level. The selected Engineer will be encouraged to develop its own intake configurations up to the 15% level and compare the additional intake configurations with the developed configurations.

The Facility is allowed to return sediment to the Rio Grande from Booster Station 1A through the sediment return pipeline. The Facility is currently modifying the Lakos Separators in Booster Station 1A with pressure and flow regulators to improve sediment removal performance and will have data available to the selected

Engineer. The selected Engineer will be expected to evaluate the improved Lakos operations data for comparison with sediment basins, or other gravity settling process, to be located at Booster Station 1A during the study.

Scope of Work Requirements for the Project include but are not limited to:

• Evaluation of hydraulic and sediment loading in the Rio Grande for diversion through a new or rehabilitated alternative intake structure(s). The evaluation should include review of the magnitude and variability of sediment loading utilizing existing sediment data at the Otowi USGS gage and historic turbidity data at the Facility intake. A technical memo shall be developed outlining the basis of design for excluding sediment, estimated anticipated sediment exclusion for a wide range of river elevations, flows and sediment conditions. The Board recognizes that diversion may not be feasible under all conditions, and planning-level estimates of anticipated off-line periods are needed to support regional water planning.

• Evaluation and refinement of intake structure(s) layouts and diversion methodologies presented herein to the 30% level to support selection of a preferred intake configuration, including river hydraulic modeling to establish flow and elevation under various river conditions. Options should be evaluated including but not limited to types, configurations, and arrangement of components such as intake screens, diversion structure, intake gates, and screen cleaning systems. The evaluation should consider capital cost, O&M cost, constructability, maintenance of plant operations, exclusion of aquatic species, permitting risk, and operational resilience. The selected Engineer may also propose refinements or alternative concepts not previously identified, provided they are clearly documented and evaluated in coordination with the project team.

• Identification and assessment of required permits and potential re-evaluation of existing permits associated with the proposed alternative intake improvements. Provide support and coordination with the Consultant Engineer, Owner's Representative and the Owner for consultation with regulatory agencies, including during the periods between the concept level and preparation of the 30% design.

• Development of target turbidity, suspended sediment concentration and associated sediment removal performance upstream of the raw water lift pumps over a range of river elevations, flows, and sediment conditions, supported by hydraulic and sediment analyses appropriate and commensurate with a 30% design level, to support intake design refinement and evaluation.

• Evaluation of aquatic species exclusion requirements and potential exclusion measures applicable to the proposed alternative intake(s), including consideration of regulatory obligations, species presence information, and whether exclusion measures are required across the full range of operating flows or only under specific flow conditions.

• Evaluation of operation and maintenance requirements, anticipated service life, and constructability considerations for the proposed alternative intake(s) to support concept refinement and selection, including coordination with the facilities’ operations staff as appropriate to inform operability, maintainability, and lifecycle considerations.

• Development of a construction phasing approach to support continued, limited facility operations during construction, including diagrammed sequencing for the proposed alternative intake(s).

• Conduct a Multi-Criteria Decision Analysis (MCDA) for all alterative intakes based on Sediment and

Debris Management, Hydraulic Performance and Diversion Capability, Implementation Feasibility and

Risk, O&M Burden, Implementation and Capital Costs and Permitting Risks.

• Preparation of 30% design drawings for the selected alternative, including, at a minimum: site layouts, grading plans, utility plans, diversion structure layouts and section views, process and instrumentation diagrams, major equipment layouts and section views (as applicable), and electrical one-line diagrams, along with a Basis of Design (BOD) report documenting design criteria, assumptions, technical analyses, and design development at the 30% level.