2025-07-006 VIETNAM VETERANS MEMORIAL HUEY HILOCOPTER STRUCTURAL MOUNT.docx

ITB #2025-07-006

Vietnam Veterans Memorial Huey Helicopter Structural Mount

CITY OF T OR C

STATE OF NEW MEXICO

INVITATION TO BID

Vietnam Veterans Memorial Huey Helicopter Structural Mount

ITB # 2025-07-006

CITY OF T OR C PROCUREMENT

505 Sims

TRUTH OR CONSEQUENCES, NM 87901

Issue Date: July 24, 2025 Pre-Proposal Conference: July 31, 2025 @ 10:00 AM Question Deadline: August 7, 2025 @ 2:00 PM MDT Return Acknowledgement of Receipt: August 14, 2025 @ 2:00 PM MDT Due Date: August 21, 2025 @ 2:00 PM MDT

COMMODITY CODE REF: 66586, 91323, 91369, 91479

OTHER INFORMATION:

Freight Terms: FOB Destination Payment Terms: NET 30 Please, provide W9 with packets.

Commodity Codes: NIGP:

INVITATION:

City or T or C (hereinafter called “City”) invites you to submit a Bid for the material(s) and/or services identified and described within this Invitation To Bid (ITB). Please carefully read all instructions, specifications, and requirements, scope of work, terms and conditions. Failure to comply with the instructions, terms and conditions and specifications of this Bid may result in your Bid being classified as unresponsive and disqualified. Bids must be submitted to the delivery location and mailing address indicated below no later than the time and date specified above. New Mexico criminal law prohibits bribes, gratuities, and kickbacks.

BID SUBMITTAL:

All information must be entered in ink or typed, and corrections must be initialed. Bidders are required to submit Three (3) printed, One marked original and one (1) Electronic copy of their Bid (jump drive in packet). Bids are to be submitted in a sealed envelope or package, clearly marked with the Invitation To Bid Number and Opening Date (see Bid Due By date above) in the lower left-hand Corner. Failure to mark your sealed Bid Submission Envelope or package may result in your Bid being opened early or your Bid not being included in the Invitation To Bid Opening.

SUBMITTAL LOCATION BY 2:00 PM:

Packet Delivery Location address:

City or T or C Attn: Jocelyn Holguin, Finance Director/ Chief Procurement Officer 505 Sims- Purchasing Office Truth or Consequences, NM 87901

*Public Bid Opening: 210 Main Ave, (Commission Chambers), Truth or Consequences, NM 87901 @ 2:15 PM

Mailing Address:

City or T or C Attn: Jocelyn Holguin, Chief Procurement Officer 505 Sims- Purchasing Office Truth or Consequences, NM 87901 E-mail: jholguin@torcnm.org

CITY OF T OR C CONTACT INFORMATION:

Jocelyn Holguin, Finance Director/ CPO Telephone: 575-740-7323 E-mail: jholguin@torcnm.org

APPENDIX:

A – ACKNOWLEDGEMENT OF RECEIPT FORM

B – BID SIGNATORY FORM

C – GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

D – CONFLICT OF INTEREST/DEBARMENT CERTIFICATION FORM

E – CAMPAIGN CONTRIBUTION DISLOSURE FORM

F – RESIDENT VETERANS NATIVE AMERICAN REFERENCE CERTIFICATION

EXHIBITS:

A – QUESTION SUBMITTAL FORM

B – INSURANCE REQUIREMENTS

EXHIBIT ATTACHMENTS:

C – ENGINEER PLANS (Lilley)

D – BID SHEET

E – PROJECT PHOTOS- 1-6

NOTE: NEW MEXICO WAGE DECISION TO BE PROVIDED FOLLOWING AWARD

REQUIREMENTS:

W9 AND/ OR NTTC FORM FOR TAX EXEMPT

INSTRUCTIONS TO BIDDERS

1. SUBMISSION OF BID: BIDS MUST BE RECEIVED FOR REVIEW AND EVALUATION BY THE CHIEF PROCUREMENT OFFICER OR DESIGNEE NO LATER THAN THE DATE INDICATED IN THE COVER SHEET. BIDS RECEIVED AFTER THIS DEADLINE FOR ANY REASON WILL NOT BE ACCEPTED OR CONSIDERED. The date and time of receipt will be recorded on each Bid. Bids must be addressed and delivered to the Chief Procurement Officer or her designee at the delivery address listed. Bids must be sealed and labeled on the outside of the package to clearly indicate that they are in response to the “Vietnam Veterans Memorial, Huey Helicopter, Structural Mount” and should reference “ITB #2025-07-006” Bids submitted by facsimile or other electronic means WILL NOT BE ACCEPTED. A public log will be kept of the names of all Bidders submitting Bids. Pursuant to Section 13-1-116 NMSA 1978, the contents of any Bid shall not be disclosed to competing Bidders prior to contract award.

2. ACKNOWLEDGEMENT OF ADDENDA: Bidders shall acknowledge receipt of any addenda of this ITB by identifying the addendums number and date in the space provided on the Bid form.

3. ALTERNATE BIDS: Alternate Bids will not be accepted and considered provided they are “equal to” and meet all specifications of this ITB which may include all specifications of the Brand used to identify the quality of the goods and/or services requested. The City of T or C reserves the right to make the final determination as to whether or not an alternate Bid is equal. It is the Bidder’s responsibility to provide, as part of the Bid, descriptive literature, specifications and information on all alternate products and services Bid. References for current users should be included. If the item(s) or service(s) Bid are not clearly identified as alternate item(s) or services, it is understood that the Bid is for item(s) and service exactly as specified in this ITB.

4. AWARD INFORMATION: Award information will be posted electronically on the City of T or C’s BidNet Direct Webpage:

City of Truth or Consequences - Bid Opportunities and RFPs | BidNet Direct

5. PRE-PROPOSAL CONFERENCE: Yes. July 31, 2025 @ 10:00 AM/PM MDT Location: City of T or C Airport Highway 181, North St, Truth or Consequences, NM 87901. The site visit will allow potential bidders to view the area for the new structure and discuss the needs of the construction for the project. This is a nonmandatory meeting, but it is highly recommended to attend.

6. DEADLINE TO SUBMIT WRITTEN QUESTIONS: Potential Bidders may submit written questions as to the intent or clarity of this ITB until 2:00 PM MDT on or before August 7, 2025 all written questions must be sent via e-mail to the Purchasing Officer, or designated representative Jocelyn Holguin, Chief Procurement Officer, jholguin@torcnm.org

7. RESPONSE TO WRITTEN QUESTIONS/ITB AMENDMENTS: Written responses to written questions and any ITB amendments will be posted to the City of T or C BidNet Direct Webpage from the link above.

8. CANCELLATION: The City of T or C reserves the right to cancel without penalty, this ITB, any resultant Purchase Order/Agreement, or any portion thereof for convenience, unsatisfactory performance, or unavailability of funds.

9. CASH DISCOUNTS: The City of T or C will take advantage of cash discounts whenever possible; however, cash discounts will not be used to determine the lowest cost.

10. CLARIFICATIONS: Any clarification of instructions, terms and conditions, insurance, bonds, or Bid preparation shall be made only by the CPO stated on the cover sheet of this ITB. Technical clarifications should be addressed to the individual identified on the cover sheet. Clarifications must be in writing and submitted as an addendum to be considered and relied upon as a part of this ITB solicitation.

11. COPIES OF BID: If submitting by hard copy or on CD, please submit the number of hard/CD copies of your Bid as stated on the cover sheet along with all supporting documents. Bids submitted on a jump drive must be in PDF format.

12. LATE SUBMISSIONS: Late submissions of Bids will not be accepted or considered unless it is determined by City of T or C that the late receipt was due solely to mishandling by the City of T or C or the Bid is the only Bid received. Late submissions will be returned unopened.

13. MODIFICATIONS: Only modifications received prior to the date and time specified for the closing will be accepted. No modifications will be accepted after the opening. Technical clarifications of the Bid may be requested by the Procurement Officer or his designee following the opening.

14. BID CLARIFICATION: The Bids are to include with their Bid a local or toll-free number and e-mail address for Bid clarifications. Failure to do so may result in the bid being deemed non-responsive.

15. PERIOD FOR BID ACCEPTANCE: Bidder agrees that any Bid submitted will be good for a period of One Hundred & Twenty (120) calendar days; additional time may be requested in the ITB Scope of Work.

16. PUBLIC INFORMATION: All information, except that classified as confidential, will become public information at the time that the ITB is awarded. Confidential information must be marked “CONFIDENTIAL” in red letters in the upper right-hand corner of the pages containing the confidential information. Price and information concerning the specifications cannot be considered confidential.

17. REJECTION OF BIDS: The City of T or C reserves the right to make an award based on the evaluation criteria contained herein, to reject any and all Bids or any part thereof, and to accept the Bid that is in the best interest of the City of T or C.

18. SUBMISSIONS OF DRAWINGS/LITERATURE: The submission of samples, drawings and literature to be used in the evaluation of the Bid, must be submitted by the designated closing date and time in order to be considered. All submissions shall be made at no expense to the City of T or C. Returns shall only be made at the Bidder’s request and expense. Submissions provided on a CD shall be in PDF format.

19. TAXES: The City of T or C is exempt from Federal Excise Taxes and from New Mexico Gross Receipts Taxes on materials. Services are not exempt. Taxes on services should be included as a separate line item and not included in the base price Bid. Applicable taxes are excluded from the ITB evaluation. A non-taxable transaction certificate can be made available by the City of T or C to the awarded firm.

20. WITHDRAWAL OF BIDS: Bids may be withdrawn by written notice, electronically (email) or in person by a Bidder or an authorized representative at any time prior to the submittal due date and time. Bids requiring bid security will result in forfeiture of the bid security if the Bid is withdrawn following the opening.

21. ACCEPTANCE OF CONDITONS GOVERNING THE PROCUREMENT: Bidders must indicate their acceptance of the Conditions Governing the Procurement in the letter of transmittal form (see Appendix B). Submission of a Bid constitutes acceptance of the Evaluation Factors contained in Section II of this ITB.

22. INCURRING COST: Any cost incurred by the Bidder in preparation, transmittal, presentation of any Bid or material or negotiation associated with their response to this ITB shall be borne solely by the Bidder.

23. PRIME CONTRACTOR RESPONSIBILITY: Any contract that may result from this ITB shall specify that the prime contractor is solely responsible for fulfillment of the contract with the City of T or C. The City of T or C will only make contract payments to the prime contractor.

24. SUBCONTRACTORS: Use of subcontractors must be clearly explained in the Bid and each must be identified by name. The prime contractor shall be wholly responsible for contract performance whether or not subcontractors are used. Substitution of subcontractors, after contract award, must receive prior written approval of the City of T or C Purchasing Office.

25. AMENDED BIDS: Any Bidder may submit an amended Bid before the deadline for receipt of Bids. Such amended Bids must be complete replacements for a previously submitted Bid and must be clearly identified as such in the transmittal letter. City of T or C personnel will not merge, collate, or assemble Bid materials.

26. BIDDERS RIGHT TO WITHDRAW BID: Bidders will be allowed to withdraw their Bid at any time prior to the deadline for receipt of Bids. The Bidder must submit a written withdrawal request signed by the Bidder's duly authorized representative addressed to the Chief Procurement Officer or his designee. The approval or denial of withdrawal requests received after the deadline for receipt of the Bids is governed by the applicable procurement regulations.

27. FIRM BID: Responses to this ITB, including Bid prices, will be considered firm One Hundred & Twenty (120) days after the due date for receipt of Bids or Ninety (90) days after the due date for the receipt of a best and final Bid, if one is solicited.

28. DISCLOSURE OF BID CONTENTS: All Bids and documents pertaining to an ITB will be open to the public, except for material which is proprietary or confidential. The Chief Procurement Officer or his designee will not disclose or make public any pages of a Bid on which the Bidder has stamped or imprinted "proprietary" or "confidential" subject to the following requirements.

Proprietary or confidential data shall be readily separable from the Bid in order to facilitate eventual public inspection of the remaining portions of the Bid. Confidential data is normally restricted to confidential financial information concerning the Bidder's organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, 57-3A-I to 57-3A-7 NMSA 1978. The price of products bid or the cost of services proposed shall not be designated as proprietary or confidential information.

If a request is received for disclosure of data for which a Bidder has made a written request for confidentiality, the Purchasing Agent shall examine the Bidder's request and make a written determination that specifies which portions of the bid should be disclosed. Unless the Bidder takes legal action to prevent the disclosure, the bid will be so disclosed. The bid shall be open to public inspection subject to any continued prohibition on the disclosure of confidential data.

29. NO OBLIGATION: This procurement in no manner obligates City or T or C or any of its departments or other subdivisions to the eventual lease, purchase, etc., of any tangible personal property bid or services proposed until a valid written contract is approved by the Purchasing Agent and other required approval authorities.

30. TERMINATION: This ITB may be canceled at any time and any and all bids may be rejected in whole or in part when the City of T or C determines such an action to be in the best interest of the City of T or C.

31. SUFFICIENT APPROPRIATION: Any contract awarded as a result of this ITB process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the contractor. The City of T or C's decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

32. LEGAL REVIEW: The City of T or C requires that all Bidders agree to be bound by the General Requirements contained in this ITB. Any Bidder concerns must be promptly brought to the attention of the Chief Procurement Officer or his designee.

33. GOVERNING LAW: This procurement and any agreement with a successful Bidder shall be governed by the laws of the State of New Mexico.

34. BASIS FOR BID: Only information supplied by the City of T or C in writing through the Chief Procurement Officer to his designee or in this ITB should be used as the basis for the preparation of bids.

35. BIDDER QUALIFICATIONS: The Evaluation Committee may make such investigations as necessary to determine the ability of the Bidder to adhere to the requirements specified within this ITB. The Evaluation Committee will reject the bid of any Bidder who is not a responsible Bidder or fails to submit a responsive Bid as defined in Sections 13-1-83 and 13-1-85 NMSA 1978.

36. RIGHT TO WAIVE MINOR IRREGULARITIES: The Evaluation Committee reserves the right to waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive bids failed to meet the same mandatory requirements or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee.

37. CHANGE IN CONTRACTOR REPRESENTATIVES: The City of T or C reserves the right to require a change in contractor representatives if the assigned representatives are not, in the opinion of the City of T or C, meeting its needs adequately.

38. NOTICE: The Procurement Code, Sections 13-1-30 through 13-1-199 NMSA 1978, imposes civil and misdemeanor criminal penalties for its violation. The State of New Mexico criminal statutes also impose felony penalties for bribes, gratuities and kick-backs.

39. CITY OF T OR C RIGHTS: The City of T or C reserves the right to accept all or a portion of a Bidder's bid.

40. RIGHT TO PUBLISH: Throughout the duration of this procurement process and contract term, potential Bidders and contractors must secure from the City of T or C written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent contract. Failure to adhere to this requirement may result in the disqualification of the Bidder’s bid or termination of the contract.

41. OWNERSHIP OF BIDS: All documents submitted in response to the ITB shall become the property of the City of T or C. However, any technical or user documentation submitted with the bid of a non-selected Bidder may be returned after the expiration of the protest period, by request, at the expense of the Bidder

42. AMBIGUITY, INCONSISTENCY OR ERRORS IN ITB: Bidders shall promptly notify the Chief Procurement Officer or his designee, in writing, of any ambiguity, inconsistency or error which they discover upon examination of the ITB.

43. COMPETITION: By submitting a bid, the Bidder certifies that they have not, either directly or indirectly, entered into any action in restraint of full competition in connection with the Bid submitted to the City of T or C.

44. CONFIDENTIALITY: Any confidential information provided to, or developed by, the contractor in the performance of any agreement resulting from this ITB 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 City of T or C of Sierra.

45. ELECTRONIC MAIL ADDRESS REQUESTED: A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail). Bidders must have a valid e-mail address to receive this correspondence.

46. USE OF ELECTRONIC VERSIONS OF THIS ITB: This ITB is being made available by electronic means. If accepted by such means, the Bidder acknowledges and accepts full responsibility to insure that no changes are made to the ITB. In the event of conflict between a version of the ITB in the Bidder’s possession and the version maintained by the City of T or C, the version maintained by the City of T or C shall govern.

47. BACKGROUND INVESTIGATIONS: City or T or C is committed to the safety of its employees, contractors and the community it serves. To that end, any firm awarded a contract shall be required to assure that the personnel assigned to the project do not possess criminal records that would violate the standards for employment. The successful Bidder must certify that the company and its’ employees are or will be in compliance with those standards for the project awarded.

48. CANVASSING OF ELECTED MEMBERS AND COUNCIL OFFICERS: Canvassing of Elected Members or Council Officers will automatically lead to disqualification. Direct contact to retrieve information other than what is provided in this bid.

49. PERMISIVE LANGUAGE: Intergovernmental Use Clause: Designed to allow use of the contract by other governmental entities. Sharable Contract: Will allow contracts developed by one public entity through a competitive process that can be used by other public entities for purchasing goods or services.

DEFINITION OF TERMINOLOGY

This section contains definitions that are used throughout this procurement document, including appropriate abbreviations.

“Board of City of T or C Commissioners” (also “BCC”) means the elected board in whom all powers of the City of T or C are vested and who are responsible for the proper and efficient administration of the City of T or C government.

"Chief Procurement Officer" (also “CPO”) means the person or designee authorized by the City of T or C to manage or administer a procurement requiring the evaluation of competitive sealed Bids.

"Close of Business" means 5:00 P.M. Mountain Standard Time (MST) or Mountain Daylight Time (MDT), whichever is in effect on the date specified.

"Contract" or “Agreement” means a written agreement for the procurement of items of tangible personal property or services.

"Contractor" means a successful Bidder who enters into a binding contract.

"City of T or C" means the City of T or C of Sierra, State of New Mexico.

"Determination" means the written documentation of a decision of the Chief Procurement Officer including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

“Desirable" refers to the terms "may", "can", "should", "preferably" or "prefers" which identify a desirable or discretionary item or factor (as opposed to a “mandatory” item or factor).

"Evaluation Committee" means a body appointed by City of T or C management to perform the evaluation of Bids.

"Evaluation Committee Report" means a report prepared by the Chief Procurement Officer and the Evaluation Committee for submission to appropriate approval authorities for contract award that contains all written determinations resulting from the conduct of a procurement requiring the evaluation of competitive sealed Bids.

"Mandatory" refers to the terms "must", "shall", "will", "is required" or "are required" which identify a mandatory item or factor (as opposed to a “desirable” item or factor). Failure to meet a mandatory item or factor will result in the rejection of the Bidder's Bid.

"Bidder" is any person, corporation, or partnership who chooses to submit a Bid.

"Page” means one (1) side of an 8 ½ X 11-inch sheet of paper. One (1) 8 ½ X 11-inch sheet of paper printed on both sides constitutes two (2) pages. (See, however, Section III.C for the one exception to the 8 ½ X 11-inch page size limitation.)

"Procuring agency of the City of T or C" means the department or other subdivision of the City of T or C of Sierra that is requesting the procurement of services or items of tangible personal property.

"Purchase Order” or "PO" means the document which directs a contractor to deliver items of tangible personal property or services pursuant to an existing, valid contract.

"Purchasing” means the City of T or C Purchasing Office or the City or T or C Chief Procurement Officer.

"Purchasing Agent" or "PA" means the Chief Procurement Officer for the City of T or C.

"Invitation To Bids" or "ITB" means all documents, including those attached or incorporated by reference, used for soliciting Bids.

"Responsible Bidder" means an Bidder who submits a responsive bid and who has furnished the required information and data to prove that their financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services or items of tangible personal property called for in this solicitation.

"Responsive Bid" or "Responsive Bid" means a Bid or Bid which conforms in all material respects to the requirements set forth in the Invitation To Bid. Material aspects of an Invitation To Bid include, but are not limited to, price, quality, quantity and delivery requirements.

“Statement of Compliance” and “Statement of Concurrence” mean an express, affirmative statement by the Bidder in their bid, which they agree with or agree to the stated requirement(s). Possible examples of acceptable responses include; “The [NAME HERE] Company agrees to comply with this requirement.”, “The [NAME HERE] Company concurs with this requirement.” and The [NAME HERE] Company agrees to participate as required.”

PROCUREMENT LIBRARY

The Procurement Library consists of the following documents which may be accessed by their associated Internet links:

City or T or C Procurement BidNet Direct Webpage City of Truth or Consequences - Bid Opportunities and RFPs | BidNet Direct

New Mexico Procurement Code https://nmonesource.com/

INVITATION TO BID (ITB) STANDARD TERMS AND CONDITIONS

The purchases of materials and/or services awarded under this ITB shall be subject to the City of T or C’s “Standard Terms and Conditions” and all information and statements contained in this Invitation To Bid. The terms, conditions and specifications contained in this ITB along with any attachments and the Bidders’ response may be incorporated into any Purchase Order / Agreement issued as a result of this ITB, including any addenda. Any provisions in any Bid, quotation, acknowledgment or other forms or contract documents applicable to the services that are inconsistent, or in conflict, with any provisions of this ITB or the resultant contract will be ineffective and inapplicable.

*BASIS OF AWARD: Contracts awarded as a result of this solicitation shall be awarded to the responsible Bidder(s) whose Bid represents the best value and is in the City of T or C’s best interest. The lowest bid to provide the lowest cost for the cleaning, painting, and repair of the Hilo, prior to transporting Hilo to pin to mounting the Hilo is located at the City of T or C’s Airport will be a preliminary low bid determination on the day of the bid opening. Followed by clarification of required submittals. The City of T or C will base the award on what benefits of the department based on the funding and offer (s).

SCOPE OF WORK

1.1 DESCRIPTION: A Huey Helicopter mounted in a structure located at the City of T or C’s Veterans Memorial Park. The selected contractor will be responsible for conducting the GEO Technical Study prior to construction, giving the Helicopter some minor as built repairs, painting the Hilo in marked areas Exhibits E 1-6, adding wheels and properly placing the propellers from the first location at the City’s airport hangar, then coordinating with Bartoo Sand and Gravel, to transport to the second site location at the Veterans Museum. The area clearing, access and mounting for structural construction. The awarded contractor shall be responsible for coordinating with the City based on the engineering plans provided. The City’s Huey is about 1000 pounds liter than the ones in the engineering plans provided and shall be considered.

1.2 ***For a full copy of the Zipfile from Lilley Engineering Inc., please contact jholguin@torcnm.org or cmiyagishima@torcnm.org via email for plans.

1.3 The Contractor is responsible for all permitting and providing a list of all Sub-Contractors required for this project. Bids Bonds shall be provided for all Bids Over $25,000.00 Dollar threshold and shall be part of the bidding process.

CONSTRUCTION

· Coordinating with the city Project Manager Orrin Hechler, to determine what will be affected during the construction process from start to finish.

· Expected estimated construction time mid to late October 2025, and the city would prefer to have a reveal celebration during November 11, 2025, for Veteran’s Day celebrations. (This is open for discussion)

· Prep dirt work for construction area. Clearing and grubbing, removal of structures and obstructions.

· Mobilization

· Temporary traffic control (when transporting Hilo to the Veteran’s Park)

· Removal and disposal of debris will also be responsible by the Contractor.

· See attached Exhibit C- Full explanation for project design.

· The Hilo is 1000 pounds lighter than the current plans.

· The contractor must provide a schedule of events for the City Review.

1.3 SCOPE

As per the scope of work described in the ITB and not limited to any addendums.

1.4 SUBMITTALS

A. Time and Materials- the provision of services and goods based on the actual amount and cost of time and materials required for such provisions.

B. Contract Closeout Submittals: Operation and Maintenance manuals (if applicable).

1.5 MANUFACTURER'S WARRANTY

A. The Contractor shall provide manufacturer warranties its products for a period of one (1) year from the date of completion of its work to the extent that it will repair any defects of which it is notified during that period which may appear because of faulty design, workmanship or material furnished under the specifications. A copy of the manufacturer's warranty shall be submitted with the submittal package.

B. All guarantees for equipment or accessories not manufactured by the manufacturer shall be provided to the owner.

2.1 PRODUCTS

· MATERIALS

· Construction: Timeline and deliverables.

· Foundation: A performance bond will be required prior to construction.

· Description: Types of fixtures used and where if applicable.

· Wage Decisions provided: following award.

· Pre-construction meeting a formal walkthrough required.

I. CONDITIONS GOVERNING THE PROCUREMENT

This section of the ITB contains the schedule for the procurement, describes the major procurement events and contains the general requirements governing the procurement.

A. SEQUENCE OF EVENTS

The Chief Procurement Officer will make every effort to adhere to the following schedule:

7. Public Bid Opening (Separate from Delivery) Location-405 West Third St. T or C, NM 87901-City Commission Chambers.

Public Opening

*Contract award is subject to approval of the Mayor, Mayor Pro-Tem and the Board of City Commissioners. (BCC)

B. EXPLANATION OF EVENTS

The following paragraphs further detail the activities listed in the sequence of events shown in Section II, Paragraph A.

1. Issue ITB This ITB is being issued by the City of T or C Chief Procurement Officer.

2. Return of “Acknowledgment of Receipt” Form for Distribution List Potential Bidders should hand deliver or return by facsimile or e-mail or registered or certified mail the “Acknowledgement of Receipt” form that accompanies this document (See Appendix A) to have their organization placed on the procurement distribution list. The form should be signed by an authorized representative of the organization, dated and returned to the attention of Jocelyn Holguin, Acting Chief Procurement Officer, by the close of business on the date indicated in Section I. A (Sequence of Events), above.

The procurement distribution list will be used to notify those that submitted the form of any written responses to questions and any ITB amendments. Failure to return this form shall constitute a presumption of receipt and rejection of the ITB, and the potential Bidder's organization name shall not appear on the distribution list.

3. Site Visits and Pre-Bid Conference – Yes. As indicated on page 5 and Sequence of Events page 13.

4. Deadline to submit written questions Potential Bidders may submit written questions as to the intent or clarity of this ITB until 2:00 PM MDT on the date indicated in Section I. A (Sequence of Events), above. All written questions must be sent by e-mail to the City of T or C Procurement Officer- jholguin@torcnm.org

5. Response to written questions/ITB Amendments Written responses to written questions and any ITB amendments will be posted to the City of T or C BidNet Direct Webpage:

City of Truth or Consequences - Bid Opportunities and RFPs | BidNet Direct

Notification of such posting shall be provided to all potential Bidders that have returned the “Acknowledgement of Receipt” Form found at Appendix A. The “Acknowledgement of Receipt” Form will accompany the posted distribution package. The form should be signed by the Bidder's representative, dated, and hand-delivered or returned by facsimile or e-mail or by registered or certified mail by the date indicated thereon. Failure to return this form shall constitute a presumption of receipt and withdrawal from the procurement process.

6. Submission of Bid

BIDS MUST BE RECEIVED FOR REVIEW AND EVALUATION BY THE CHIEF PROCUREMENT OFFICER OR DESIGNEE NO LATER THAN 2:00 PM MDT ON THE DATE INDICATED IN SECTION I, page 13. PARAGRAPH A (SEQUENCE OF EVENTS), ABOVE. BIDS RECEIVED AFTER THIS DEADLINE FOR ANY REASON WILL NOT BE ACCEPTED OR CONSIDERED.

The date and time of receipt will be recorded on each Bid. Bids must be addressed and delivered to the Chief Procurement Officer or his designee at the delivery address listed in Section I. Bids must be submitted sealed and labeled on the outside of the package to clearly indicate that they are in response to the “ ITB #2025-07-006 Vietnam Veterans Memorial Huey Helicopter Structural Mount” Invitation to Bid and should reference “ITB#2025-07-006” Bids submitted by facsimile or other electronic means WILL NOT BE ACCEPTED.

A public log will be kept of the names of all Bidders submitting bids. Pursuant to Section 13-1-116 NMSA 1978, the contents of any Bid shall not be disclosed to competing Bidders prior to contract award.

7. Bid Evaluation The Chief Procurement Officer may at his/her option initiate discussions with bidders who submit responsive or potentially responsive Bids for the purpose of clarifying aspects of the Bids; please note Bids may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Bidder.

8. Contract Award Any contract awarded shall be awarded to the Bidder whose bid is most advantageous to the City of T or C, taking into consideration the evaluation factors set forth in this ITB. Such an award shall be subject to the prior review and approval of the City of T or C Commission.

The selected firm will be submitted to the City of T or C Commission for approval of an award. The City of T or C will then enter into a construction contract with awarded lowest bid contractor that meets all governing conditions.

9. Protest Deadline Any protest by any Bidder must be timely, in conformance with, and will be governed by Sections 13-1-172 through 13-1-176 NMSA 1978 and City or T or C Procurement Policy. The fifteen (15) day protest period for the submittal of a timely protest shall begin on the day following the contract award. Protests must be written and must include the name and address of the protestor and the Invitation to Bid number. It must also contain a statement of grounds for protest including appropriate supporting exhibits, and it must specify the ruling requested from the Chief Procurement Officer. The protest must be delivered to the Chief Procurement Officer and/or her designee:

City or T or C Procurement Attn: Jocelyn Holguin, Finance Director/ Chief Procurement Officer 505 Sims- Purchasing Office Truth or Consequences, New Mexico 87901

NOTE: Protests received after the deadline will not be accepted.

II. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

Bidders may submit only one (1) response to this ITB.

B. NUMBER OF COPIES

Bidders shall deliver three (3) printed and one marked original and (1) electronic copies of their Bid to the location specified for the delivery and receipt of Bids on or before the closing date and time for receipt of Bids. (Identical copies are defined as the original plus the number of additional copies needed to fulfill the requirement. For example, a requirement for three (3) identical copies would be fulfilled by submitting the original and two [2] copies of the [1] original.) The original copy should be clearly marked “ORIGINAL” on the front cover and shall contain original signatures.

III. EVALUATION CRITERIA

The mandatory requirements listed below require a vendor response, as indicated. Failure to respond to, or properly comply with, a mandatory requirement may result in the disqualification of the Bidder’s Bid. Note: failure to respond to a mandatory requirement will result in receiving a score of zero (0) for that requirement.

The following is a summary of evaluation factors with point value assigned to each or a Pass/Fail evaluation. These, along with the requirements of this ITB, will be used in the evaluation of individual Bid submittals.

A. License (PASS/FAIL) State of New Mexico License –GB98-Construct, required for construction work, including Helicopter mounting projects.

B. Prior Business Experience (PASS/FAIL)

Must have been in business performing similar and like services for a period of 5 years or more.

BASIS OF AWARD: Contract (s) awarded as a result of this solicitation shall be awarded to the Bidder(s) responsible whose Bid represents the best value and is in the City of T or C’s best interest.

BID FORM

Relationship of City of T or C (“Owner”) and the successful Contractor - The successful Contractor accept a relationship of trust and confidence between itself and City or T or C. The Contractor shall agree to furnish his/her/its’ best skill and best judgment and to cooperate with City of T or C, any and all regulatory agencies, and any design professionals associated with the oversight and funding of each project to be awarded as a result of this Invitation To Bid Solicitation. The successful Contractor shall furnish efficient Contractor reviews, business administration, field supervision and shall use his/her/its’ best efforts to perform the work in the best and most expeditious, economical manner consistent with the interests of the City of T or C, and in strict conformity with all funding requirements, State, Federal and local rules, laws and regulations.

This ITB contains specific requests for information. In responding to this ITB, Bidders are encouraged to provide additional information if Bidder believes that information is to be relevant.

CONTRACT SUM

The Contract Sum is based upon the following combination of Bids and Bid alternates, if any, offered. Base bid amounts include all parts, labor, material, equipment, supplies, design fees, licensure, permits, bonds, insurance, etc. required to construct and furnish a new boat ramp and dock. ITB #2025-07-006 in accordance with bid specifications, scope, terms and conditions. The bid shall include Bid Bonds 13-4-Contstruction Code exceeding $25,000.00. Please provide a bid form

Base Bid: $ _________________.00

New Mexico Gross Receipt Tax: (8.3750%) $______________________

TOTAL NOT TO EXCEED FEE:

Contract Requirements:

A contractor shall obtain a Geotech study prior to site construction An outline of deliverables via Exhibit D-Bid Sheet Sample List of pay requests for deliverables.

Pay Applications

SUBCONTRACTOR LISTING:

Contactor is required to identify each subcontractor to be engaged in this project for which the sub-contractor will perform services regardless of the amount. For each listed sub-contractor, Contractor is required to complete and submit the attached.

SUBSTANTIAL COMPLETION:

The Contractor shall achieve Substantial Completion of the entire work not later than November 5, 2025, consecutive calendar days from the date of commencement, subject to adjustments of this Contract Time as provided in the Contract Documents.

LIQUIDATED DAMAGES:

The Contractor agrees to pay as liquidated damages, the sum of Three hundred dollars ($300.00) for each consecutive calendar day after the stipulated contract time the work remains incomplete Signature: _______________________________________________________________

Typed/Printed Name: ________________________________________________________

Title: ___________________________________________________________________

Date: __________________________________________

Phone: _____________________________ Email: ______________________

Company: _______________________________________________________________

Address: ________________________________________________________________

City/State/Zip: ____________________________________________________________

Subcontractor Listing Form Pursuant to Section 13-4-34 of the New Mexico Procurement Code, the listing threshold for this Public Works Project is established at any dollar amount. Any person submitting a bid shall set forth:

1. The name and location of the place of business of each subcontractor under subcontract to the contractor who will perform work or labor or render service to the contractor in or about the construction of the Public Works Construction Project in an amount more than the listing threshold; and

2. The nature of the work which will be done by each subcontractor. List only one subcontractor for each category of work or trade.

If my Quote is accepted, the following subcontractor(s) may perform work under this contract. (If you do not plan to utilize subcontractors, write "None".)

Company Name: ________________________________DOL Reg. #__________________ Address: __________________________ City: _________________ State: _____ Zip: ________ E-Mail Address: ______________________License No: ______________________ Phone No.:_______________ Fax No.:_________________ Work to be performed ____________________________________________________________

Company Name: __________________________________DOL Reg. #__________________ Address: __________________________ City: _________________ State: _____ Zip: ________ E-Mail Address: ______________________License No: ______________________ Phone No.:_______________ Fax No.:_________________ Work to be performed ____________________________________________________________

Company Name: __________________________________DOL Reg. #__________________ Address: __________________________ City: ________________ State: _______ Zip: ________ E-Mail Address: ______________________License No: ______________________ Phone No.:_______________ Fax No.:_________________ Work to be performed ____________________________________________________________

*Add additional documents as needed.

APPENDIX A

ACKNOWLEDGEMENT OF RECEIPT FORM

Invitation To Bid

CITY OR T OR C ITB #2025-07-006

In acknowledgment of receipt of this Invitation To Bid, the undersigned agrees that he/she has received a complete copy of the above reference ITB including all Appendix and Exhibits.

The acknowledgment of receipt should be signed and returned (by e-mail, courier or hand delivery) to the City of T or C Procurement Officer no later than August 14, 2025.

The firm listed below does/does not (circle one) intend to respond to this Invitation To Bids.

FIRM: ___________________________________________________________

REPRESENTED BY:_______________________________________________

TITLE:___________________________________________________________

E-MAIL ADDRESS:________________________________________________

PHONE NO.:________________________ FAX NO: ____________________

ADDRESS:_______________________________________________________

CITY: _________________________ STATE: ______ ZIP CODE:__________

SIGNATURE: ____________________________________________________ DATE:__________________ This name and address will be used for all correspondence related to the Invitation To Bid.

Please, return to:

Jocelyn Holguin, Finance Director/CPO City or T or C Purchasing 505 Sims Truth or Consequences

NM 87901

Phone : (575) 740-7323 E-mail : jholguin@torcnm.org

APPENDIX B

BID SIGNATORY FORM

THE FOLLOWING BIDDER INFORMATION MUST BE COMPLETED AND RETURNED WITH THE ITB.

ACKNOWLEDGMENT OF ADDENDA

The undersigned acknowledges receipt of the following addenda:

Addenda No. Dated Addenda No. Dated

Addenda No. Dated Addenda No. Dated

The undersigned, as an authorized representative for the Company named below, acknowledges that the Bidder has examined this ITB with its related documents and is familiar with all of the conditions surrounding the described materials, labor and/or services. Bidder hereby agrees to furnish all labor, materials and supplies necessary to comply with the specifications in accordance with the Terms and Conditions set forth in this ITB and at the prices stated within the ITB.

The undersigned further states that the company submitting this ITB is not in violation of any applicable Conflict of Interest laws or regulations, or any other related clauses included in this ITB.

COMPANY NAME

ADDRESS

CITY/STATE/ZIP

TELEPHONE:_____________________ EMAIL:_____________________________

NEW MEXICO GROSS RECEIPTS TAX NO

FEDERAL EMPLOYER ID NUMBER (FEIN)

NEW MEXICO LOCAL PREFERENCE NUMBER: __________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE

PRINTED OR TYPED NAME

TITLE

DATE: _________________________________________________________________

APPENDIX C

GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

CONTRACT #2025-08-007

CITY OF T OR C

Vietnam Veterans Memorial Huey Helicopter Structural Mount

THIS AGREEMENT is made and entered into by and between the City of Truth or Consequences of Sierra County, hereinafter referred to as the "City of T or C" and Contractor, hereinafter referred to as the "Contractor”, and is effective as of the date set forth below upon which it is executed by the Board of City of T or C Commissioners.

WHEREAS the City of T or C procured Contractor under the New Mexico Statewide Price Agreement.

WHEREAS the Contractor submitted its original proposal and was selected under ITB #2025-07-006 and WHEREAS the City of T or C desires to engage the Contractor to render certain Construction projects, as needed, and the Services is willing to provide such services and to enter into this Construction Services Agreement; and WHEREAS this Master Agreement includes all Exhibits and any subsequently awarded Contract for Construction Contractor form the Contract Documents and are all as fully a part of the Contract as if attached to this Agreement; and WHEREAS the Contractor was selected to provide and perform such Construction Management Services as provided for within this Agreement; and NOW, THEREFORE, in consideration of the premises and mutual obligations herein, the parties hereto do mutually agree as follows:

IT IS AGREED BETWEEN THE PARTIES

The Contract Sum shall be In Words ($ Amount), subject to additions and deductions as provided in the contract documents. Inclusive of New Mexico GRT rate of In Words ($Amount). Which amounts to In Words ($Amount).

Based upon Applications for Payment submitted to the Landscape Architect by the Contractor and Certificates for Payment issued to the City, the City shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: The 15th day of the calendar month.

Provided that an Application for Payment is received by the City no later than the 25th of a given month, payment of the certified amount shall be made by the City of T or C no later than the 15th of the following month. In no event shall payment be delayed beyond 30 calendar days from receipt of the approved application. Interest may accrue on overdue payments at the legal rate under New Mexico law.

Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Landscape Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment.

Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.

Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: The Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in said agreement, and to satisfy other requirements, if any, which extend beyond final payment; and a final Certificate of Payment has been issued by the Landscape Architect.

The City’s final payment to the Contractor shall be made no later than 30 days after the issuance of the City’s final Certificate for Payment. Contractor $ Amount including GRT.