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REQUEST FOR PROPOSAL
FURNISH WATER/WASTEWATER LABORATORY DESIGN BUILD SERVICES
For City of Hobbs, New Mexico
PROPOSAL NO. 420-09
The City of Hobbs, New Mexico is requesting proposals from qualified offerers interested in
providing WATER/WASTEWATER LABORATORY DESIGN BUILD SERVICES.
Written proposals will be received by the City of Hobbs, New Mexico, at the office of the
Finance Director in City Hall, 200 East Broadway, Hobbs, NM 88240.
SUBMITTAL & TIME – 2:00 p.m. on September 30, 2009
The proposal should be mailed or hand delivered to:
Toby Spears, Finance Director
City of Hobbs
200 E. Broadway
Hobbs, NM 88240
Phone: (575) 397-9235
Fax: (575) 397-9450
All proposals must be received on or before the above date and time in the Conference Room of
the Finance Department on the second floor of City Hall. Submitted proposals shall not be
publicly opened. Any proposal received after the stated time will be returned unopened.
Copies of the specifications may be procured without charge from the office of the City Finance
Director. All questions regarding this RFP should be referred to Leo Wilson, WWTP
Superintendent at (575) 397-9315. The City of Hobbs, New Mexico reserves the right to reject
any or all proposals and waive irregularities.
CITY OF HOBBS, NEW MEXICO
.
Eric Honeyfield
City Manager
Publication Date: August 27, 2009
Proposal 420-09
REQUEST FOR PROPOSAL NO 420-09
WATER/WASTEWATER LABORATORY DESIGN BUILD SERVICES
INTRODUCTION
The City of Hobbs desires to enter into a contract with a qualified firm to design and perform
construction services necessary to upgrade the existing City of Hobbs Laboratory to meet current
and future demands for water/wastewater testing services, including compliance with applicable
codes and industry standards. Services also include providing temporary facilities, materials and
other services necessary for uninterrupted water/wastewater testing during construction.
I. PROPOSAL REQUEST
A. The City of Hobbs, hereinafter referred to as "City" is requesting proposals from engineering
and construction firms, hereinafter referred to as "Engineer or Contractor" for the purpose of
entering into a contract to provide water/wastewater laboratory design services, and to construct the
final design at the City of Hobbs Utilities Administration Building located at 1301 S. 5th St.
B. The City intends to award the Water/Wastewater Laboratory Design Build Agreement,
hereinafter referred to as "Agreement," to the Engineer or Contractor submitting the most responsive
proposal to provide laboratory design and construction services required by the City. All responses
to this Request for Proposals (RFP) must comply with all conditions of this RFP and the City of
Hobbs Procurement Code. The Agreement to be executed by the Engineer or Contractor shall be in
substantially the form as attached hereto.
C. This RFP has been prepared by City staff with limited knowledge on laboratory design and
construction. Therefore, the RFP is structured so that qualified Engineer or Contractor will be
responsible for both design and construction. In April 2009, the engineering firm of HDR
Engineering, Inc., completed a Design Analysis Package and Expansion Study of the City of Hobbs
Water/Wastewater Laboratory. This study is included and is referenced by City staff in preparation
of this RFP, however if a potential Engineer or Contractor has alternatives to the proposals herein
which will help the design and construction process, please submit these alternative ideas with the
technical proposal for City review and consideration.
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Proposal 420-09
II. PROPOSAL EVALUATION AND SELECTION
All proposals will be evaluated on the following basis (all topics are as presented in the text of
the proposal):
A. Proposal Evaluation.
All Proposals will be evaluated by the City based on the following criteria. The exact basis or weight
of each factor is shown below.
1. Capacity, capability and past performance of the Engineer or 50%
Contractor, to design water/wastewater laboratories, including
the ability to coordinate with various disciplines, sub-contractors,
vendors, suppliers and other technical providers to minimize projects
affect of ongoing laboratory operations. Engineer or Contractor Team
current work, percentage complete, and final completion date.
Past performance in developing and maintaining schedules,
completing projects within allotted timeframes and budgets,
including number of change orders executed. Briefly describe
two (2) similar projects completed, including contact information
of project Owner capable of discussing Engineers or Contractor
capacity and capability.
2. Qualifications, competence and past performance of the Engineer or 30%
Contractor, including its’ sub-contractors, vendors, suppliers
and other technical providers, in water/wastewater laboratory
design and construction. Proposed Project Manager’s experience
in similar projects, including a list of current projects not completed.
Provide contact information for a minimum of two (2) clients
capable of discussing proposed Project Manager’s performance
with City staff.
3. Cost Proposal for water/wastewater design & construction services 20%
The Cost Proposal will be used in the evaluation, particularly for establishing project construction
costs. Cost of design services have been budgeted by City within the 2009-2010 fiscal period, which
begins July 1, 2009, and ends June 30, 2010.
An estimate of project construction costs remains to be determined by Engineer or Contractor. This
estimate will be used by City for budgeting purposes and obtaining funding to complete project. In
that event that funding is not obtained within agreement period, Engineer or Contractor will be
compensated for those services provide to date and no further services will be required. The Cost
Proposal will also be used as the basis for the Fee Schedule for the negotiated Agreement of the
selected Engineer or Contractor.
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Proposal 420-09
B. Interviews.
Interviews may be held with any or all of the firms submitting proposals, as determined in the best
interest of the City.
III. INSTRUCTIONS TO OFFERORS
A. SUBMITTING PROPOSALS
1. Sealed proposals will be received in the Finance Department, 200 E. Broadway, Hobbs,
New Mexico, in accordance with the Advertisement. Offerors shall use the proposal form
included with the scope of work. Proposal forms must bear the signature of the offeror to be
considered. Pursuant to NMSA 1978, § 13-1-191.1 (2006), bidders shall complete the attached
Campaign Contribution Disclosure form. Failure of offerors to complete attached documents in
accordance with all instructions provided is cause for the City of Hobbs to reject proposals.
2. Proposals must be submitted in a sealed envelope with the outside marked: PROPOSAL
NO. 420-09 .
3. Request for Amendments – All amendments to this Request for Proposal deemed
necessary between issuance of the request for Proposals and the proposal submission deadline
will be distributed in writing to all recipients of the original RFP. If an amendment requires a
time extension, the proposal submission date will be changed as part of the written amendment.
4. The offeror is responsible solely to deliver his/her proposal to the proper place and at the
time designated. The fact that a proposal was dispatched will not be considered.
5. Proposal Evaluation - The Evaluation Committee will review each proposal. Points will
be allocated as outlined in the evaluation criteria of this RFP to determine the best responsible
proposal. Negotiations may be conducted with the responsible offerer who submits the proposal
deemed to be the most qualified and highest ranked response to this RFP; and the proposal which
shows that the offerer will be able to provide the Water/Wastewater Laboratory Design & Build
services required by the City. City of Hobbs staff will forward recommendations to the City
Commission which will make the final award. The City reserves the right to accept proposals in
their entirety, or portions thereof, and to reject any or all proposals and to waive any irregularity
or formality.
6. It is agreed that proposals accepted by the City shall be valid for a period of sixty (60)
days following the date of proposal opening.
7. Proposals may be withdrawn upon receipt of written request, prior to scheduled deadline
for the purpose of making any corrections and/or changes. Such corrections must be properly
identified and signed or initialed by offeror. Resubmitting must be prior to scheduled deadline
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Proposal 420-09
for consideration.
8. Any questions or clarifications regarding this proposal must be submitted to the Finance
Department in writing no later than five (5) days prior to the proposed submittal date. All
clarifications will be issued in written format. No oral changes shall take place during any
conversations. A voluntary pre-proposal conference and walk-thru of the laboratory is scheduled
for September 15, 2009 at 10:00 am (MST) at the City of Hobbs Utilities Administration, located
at 1301 S. 5th St. All questions regarding this RFP should be referred to Leo Wilson, WWTP
Superintendent at (575) 397-9315.
B. TERM OF AGREEMENT. The term of the Agreement shall be two (2) years from
the date of written notification of award of proposal, including the design and construction
phases.
C. AWARD OF CONTRACT. The City Commission of the City of Hobbs, New
Mexico may award to the Contractor whose proposal is deemed to be in the best interest of the
City of Hobbs. The City reserves the right to waive any and all irregularities in proposals, and to
reject any or all proposals or portions thereof.
D. WAGE RATES. The Offeror's attention is directed to the fact that wages to
be paid on this project shall not be less than the prevailing wage rates as listed by the New
Mexico State Office of Labor Commission. It shall be the successful Bidder's responsibility to
inform himself thoroughly of all state, federal, and local laws and statutes pertaining to the
employment of labor, the freedom of organization, and the conditions of employment and shall
strictly adhere to such laws and regulations as are applicable. There shall be no discrimination
because of race, creed, color, national origin, or legal political affiliation in the employment of
persons qualified by training and experience for work under this contract.
D. PAYMENT. Payment shall be based on the Engineers’ or Contractor’s invoices for
work satisfactorily completed, the City’s approval of those invoices, the Contract amount(s)
stated in the Agreement; and the Engineers’ or Contractor’s Cost Proposal as submitted as part
of the RFP response. The City of Hobbs requests that invoices not be submitted more frequently
than on a monthly basis. Payment for satisfactorily completed services will be made within
fifteen (15) days upon City certification that all contract terms have been met.
E. INSURANCE . The successful Engineer or Contractor shall obtain and provide
written Certificate of Insurance to the City of the following insurance coverages:
General Liability as follows: Premises, operations, explosions and collapse hazard, underground
hazard, contractual insurance, products with completed operations, broad form property damage,
independent contractors and personal injury. The limits of liability shall be no less than
$1,000,000 combined single limits for bodily injury and property damage.
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Proposal 420-09
Automobile Liability as follows: Owned, hired and non-owned vehicles. The limits of liability
shall be no less than $1,000,000 combined single limit bodily injury and property damage.
Errors and Omissions Insurance as follows: Professional insurance, not less then agreement
amount is required during the term of this contract and for a period of one (1) year upon
completion of project and final payment is received.
The City of Hobbs shall be named as an additional insured on all of the above. The City may
require subcontractors to provide similar amounts of insurance coverage.
Workers' Compensation is required along with New Mexico statutory employer's liability limits
regardless of number of employees.
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Proposal 420-09
IV. SCOPE OF WORK
A. INTRODUCTION & LOCATION
The City of Hobbs is requesting proposals for Design Build Services to increase the available
working area, upgrade mechanical systems to current standards, and renovate the City of Hobbs
Laboratory to meet current and future testing requirements. The laboratory is located at 1301 S. 5th
St. Hobbs, NM 88240. A preliminary study is included with this RFP (City of Hobbs
Water/Wastewater Laboratory Expansion Study, HDR Engineering, Inc. April 2009) which
investigates available options to expand and renovate this facility. This preliminary study identifies
the condition of the existing laboratory and presents three (3) options for consideration. City staff
has opted to go with Option 1, and Engineers’ or Contractors’ proposal should be based on those
services and materials initially identified under Option 1. Note that this option is conceptual, and
Offeror will be responsible for verifying existing conditions and warranting final project.
B. DESIGN PHASE
The primary goal of the design phase of project is to develop construction drawings, construction
plans, schedule of work and an estimate of costs, in order to upgrade the existing laboratory.
Coordination with laboratory staff will be essential during this phase, and Engineer or Contractor
Team will provide their knowledge to advise City of the best available means/methods to achieve
project goal. Construction drawings and plans must be stamped by a professional engineer registered
in the State of New Mexico.
C. CONSTRUCTION PHASE
Construction costs have not been funded for FY 2009-2010 and remain to be budgeted prior to
proceeding with construction. Upon funding, Engineer or Contractor must provide the City with
Performance and Payment Bonds, including a Certificate of Insurance for the construction amount as
required by the City Attorney, based on the final construction cost estimate. The Performance Bond,
Payment Bond and Certificate of Insurance must all be submitted and approved by the City prior to
starting construction. Construction work will be done in a timely manner that does not interfere with
laboratory testing schedule, affects quality of analysis, or impact other essential duties. Engineer or
Contractor will be responsible to provide a State of New Mexico Construction Programs Bureau
approved temporary laboratory pod, including installation of temporary utilities, for City use to
conduct testing during construction. Maintenance and/or repair, including insurance, of the
temporary laboratory pod during this period will be the responsibility of Engineer or Contractor.
Engineer or Contractor, and its subcontractors, shall be duly licensed under the State of New Mexico
Construction Industries Division to perform work required of project. Copies of licenses shall be
provided to City prior to commencement of work. Demolition, or similar work, within the existing
laboratory will not begin until a temporary laboratory pod is in place and has been approved by the
State of New Mexico Construction Programs Bureau and Environmental Department. Upon
approval, work will be done in a manner that minimally affects other functions and personnel within
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Proposal 420-09
the Utilities Administration Building. After hours, and weekend work will be allowed. Engineer or
Contractor will be responsible for all details of construction, including permits, inspections, testing,
materials, labor, disposal of waste and debris, and all other costs, according to the approved
construction drawings.
D. CITY RESPONSIBILITIES
1. The City of Hobbs Laboratory is located within the Utilities Administration Bldg and
generally receives and tests water/wastewater samples Mon-Fri during the hours of 0700- 1700. The
laboratory is also used by wastewater treatment plant personnel to perform compliance and process
control tests outside of these hours. City will be responsible for ensuring that the Utilities
Administration Bldg is properly secured and activate the alarm system when wastewater treatment
plant personnel, Engineer, or Contractor, are not on-site.
2. The City will make available work areas and indoor storage space to perform work and store
equipment/materials/supplies. Access to these areas will need to be coordinated between City and
Engineer or Contractor. City will not be responsible for insuring or replacing
equipment/materials/supplies damaged or missing during storage.
G. WARRANTY PHASE
City’s estimate of time for the completion of the design phase is approximately six (6) months,
followed by a construction period of approximately four (4) months. Following completion of
construction and acceptance by City, a Warranty Phase will continue for one year. During this phase,
Engineer or Contractor will be responsible to make repairs, corrections or modifications to work due
to negligent construction or design, or failure to meet performance requirements.
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Proposal 420-09
V. CONTENTS OF PROPOSAL
A. MINIMUM TECHNICAL INFORMATION
1. Name, address, and telephone number.
2. A list of the Engineer or Contractor, including a description of experience, professional
designations, license and/or registration numbers, areas of competence and areas of special expertise
for each team member.
3. Descriptions of at least two recent laboratory, or similar, Design and/or Construction Service
Projects with dates, locations, and names and telephone numbers of contact persons. Also, please
provide a list of three references on the firm not including those listed above. Please provide at least
2 design references and 2 construction references.
4. Business location where the work will be performed.
5. List of all sub-contractors, including licenses, addresses, qualifications and areas of
responsibility.
6. A statement of items to be provided as required in Section IV (Scope of Work) of this RFP.
Include any exceptions or items Offeror will not be able to provide, and a narrative description of
steps routinely taken and procedures routinely used to provide cost-effective design and construction
services.
7. A statement of Offerors and its sub-contractors ability to meet time schedules required of this
project. Also a statement on the length of time projected for design phase.
8. If all of the above services are not provided, the exceptions should be noted in the Technical
Proposal.
B. PROPOSAL REQUIREMENTS
1. The maximum length for a response proposal should not exceed 20 pages, not including the
cost proposal. Please limit all resumes to one page per resume.
2. Please submit five (5) copies of the proposal.
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Proposal 420-09
C. COST PROPOSAL CONTENT
Cost will be used as a factor in the evaluation procedures. The Fee Schedule (Cost Proposal) should
be submitted at the end of the proposal. The Cost Proposal will be used as a basis for the Agreement.
Each Fee Schedule must contain the following information as a minimum:
1. Not-to-Exceed Cost for Design Phase of the Water/Wastewater Laboratory. Include hours,
labor, materials, overhead, consultant(s), reimbursable and direct costs in this Not-to-Exceed Cost
estimate.
2. Preliminary Cost Estimate for Construction Phase of the Water/Wastewater Laboratory
based on Option 1. Include costs associated with rental of a fully functional temporary laboratory
pod, including costs for mobilization, set-up and demobilization.
3. The City intends to use the Not-to-Exceed Cost for item #1 above in the Agreement. The
City will use the costs for item #2 for preliminary budgetary purposes and in the evaluation of
proposals.
4. All construction work must comply with State of New Mexico Minimum Wage Rates.
If the Engineer or Contractor anticipates any other charges for various work activities on this project,
all charges should be noted herein. The above costs shall include all direct costs, project overhead,
indirect costs, profit and taxes, including NMGRT (taxes shall be shown on a separate line).
Payments to Engineer or Contractor for work performed during the Design Phase will be from the
Not-to-Exceed Cost for item #1.
Work associated with the Construction Phase will not commence pending an amendment to the
original Agreement. Any work performed prior to amendment is at Engineer or Contractor expense
and risk.
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Proposal 420-09
WATER/WASTEWATER LABORATORY COST PROPOSAL FORM
Name of Firm: .
Date: .
1. Not-to-Exceed Cost for Water/Wastewater Design Phase:
$ .
2. Preliminary Cost Estimate for Construction Phase
of the Water/Wastewater Laboratory based on Option 1.
$ .
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Proposal 420-09
PROPOSAL - RFP 420-09
WATER/WASTEWATER LABORATORY DESIGN BUILD SERVICES
TO: The City of Hobbs, New Mexico
Date ___________________________
Proposal of :
(Company Name)
A) A Corporation under the laws of the State of ; or
B) A partnership consisting of ; or
C) An individual trading as .
The undersigned offerer, pursuant to the foregoing "Request for Proposals", has carefully
examined the instructions to Offerers, this proposal form and the Detailed Specifications.
_______________________________________
Company Name
BY:
__________________________________________
Type or Print Name
__________________________________________
Address
________________________________________________
Telephone Number City State Zip
NOTE: To be valid, proposal must be signed. The signature of a corporation is its president, or
an authorized representative. A signature of a partnership must be a valid partner or authorized
representative.
Do Not Return Invitation to Proposal Form in Case of a "NO PROPOSAL"
If applicable - Proposer acknowledges receipt of the following AMENDMENT(S):
Amendment No: Dated: Amendment No.: Date:
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Proposal 420-09
Amendment No: Dated: Amendment No.: Date:
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with
any state agency or local public body for professional services, a design and build project
delivery system, or the design and installation of measures the primary purpose of which is
to conserve natural resources must file this form with that state agency or local public body.
This form must be filed even if the contract qualifies as a small purchase or a sole source
contract. The prospective contractor must disclose whether they, a family member or a
representative of the prospective contractor has made a campaign contribution to an applicable
public official of the state or a local public body during the two years prior to the date on which
the contractor submits a proposal or, in the case of a sole source or small purchase contract, the
two years prior to the date the contractor signs the contract, if the aggregate total of contributions
given by the prospective contractor, a family member or a representative of the prospective
contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year
period.
Furthermore, the state agency or local public body shall void an executed contract or cancel a
solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family
member of the prospective contractor, or a representative of the prospective contractor gives a
campaign contribution or other thing of value to an applicable public official or the applicable
public official’s employees during the pendency of the procurement process or 2) a prospective
contractor fails to submit a fully completed disclosure statement pursuant to the law.
THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR
NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY
CONTRIBUTIONS SUBJECT TO DISCLOSURE.
The following definitions apply:
“Applicable public official” means a person elected to an office or a person appointed to
complete a term of an elected office, who has the authority to award or influence
the award of the contract for which the prospective contractor is submitting a
competitive sealed proposal or who has the authority to negotiate a sole source or
small purchase contract that may be awarded without submission of a sealed
competitive proposal.
“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money
or other thing of value, including the estimated value of an in-kind contribution, that is
made to or received by an applicable public official or any person authorized to raise,
collect or expend contributions on that official’s behalf for the purpose of electing the
official to either statewide or local office. “Campaign Contribution” includes the
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Proposal 420-09
payment of a debt incurred in an election campaign, but does not include the value of
services provided without compensation or unreimbursed travel or other personal
expenses of individuals who volunteer a portion or all of their time on behalf of a
candidate or political committee, nor does it include the administrative or solicitation
expenses of a political committee that are paid by an organization that sponsors the
committee.
“Family member” means spouse, father, mother, child, father-in-law, mother-in-law,
daughter-in-law or son-in-law.
“Pendency of the procurement process” means the time period commencing with the
public notice of the request for proposals and ending with the award of the contract or the
cancellation of the request for proposals.
“Person” means any corporation, partnership, individual, joint venture, association or
any other private legal entity.
“Prospective contractor” means a person who is subject to the competitive sealed
proposal process set forth in the Procurement Code or is not required to submit a
competitive sealed proposal because that person qualifies for a sole source or a small
purchase contract.
“Representative of a prospective contractor” means an officer or director of a
corporation, a member or manager of a limited liability corporation, a partner of a
partnership or a trustee of a trust of the prospective contractor.
DISCLOSURE OF CONTRIBUTIONS:
Contribution Made By: __________________________________________
Relation to Prospective Contractor: __________________________________________
Name of Applicable Public Official: _________________________________________
Date Contribution(s) Made: __________________________________________
__________________________________________
Amount(s) of Contribution(s) __________________________________________
__________________________________________
Nature of Contribution(s) __________________________________________
__________________________________________
Purpose of Contribution(s) __________________________________________
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Proposal 420-09
__________________________________________
(Attach extra pages if necessary)
___________________________ _______________________
Signature Date
___________________________
Title (position)
--OR—
NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY
DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or
representative.
______________________________ _______________________
Signature Date
______________________________
Title (Position)
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