70-80500-26-17237_70-80500-26-17237 Hot Mix Asphalt (HMA) and Hot Mix Cold Lay (HMCL) ITB Final..pdf.PDF

GSD/SPD (Rev. 12/2025)

Invitation to Bid – Price Agreement

ITB Number: 70-80500-26-17237 ITB Title: Hot Mix Asphalt (HMA) and Hot Mix Cold Lay (HMCL)

Bid Responses Due:

Date: September 22, 2026 Time: 2:00pm Late submission of Bids Cannot be Accepted.

If you have questions regarding this ITB please contact: Danette Medrano, Procurement Specialist Telephone No.: (505) 690-3578 Email: Danette.Medrano@gsd.nm.gov

Commodity Code(s): 74502,74504, 74505, 74508, 74510, 74511, 74512, 74513, 74514, 74521, 74528, 74565, 74577, 74587, 91371, 92932

Formal Sealed Bid Opening, to occur immediately following the due date and time. See Page 2 for link

Formal, sealed Bid Opening in person at the following location:

State Purchasing Division 1100 St. Francis Drive, 2nd Floor, Room 2004, Santa Fe New Mexico

If you are an individual with a disability and you require accommodations such as a hearing interpreter to attend our bid openings, please contact State Purchasing (505) 827-0472 at least five (5) working days prior to the scheduled bid opening.

Bidder MUST complete as applicable and sign the following in order for Bid to be valid (type or print clearly):

NM Vendor ID# (if applicable):_____________________ Remit Address: ________________________________ Company Name: _________________________________ ____________________________________________ DBA (if applicable): ______________________________ ____________________________________________ Sales Email: _____________________________________ Sales Phone No.: _______________________________ NM Tax Payer Identification Number:____________________ Federal Tax ID#: _____________________________

Payment terms: Net 30 F.O.B. Destination (unless otherwise indicated in the specifications) Delivery: As stated in specifications

Bids may be submitted electronically through eProNM at the following site:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico or may be submitted in a sealed envelope with the bid number and opening date clearly indicated on the bottom left hand side of the front of the envelope.

Failure to label bid envelope will necessitate the premature opening of the bid in order to identify the bid number.

Please see Bid Submission Instructions on page 2.

Bids are subject to the “Terms and Conditions,” shown on the attached pages of this document, and any additional bidding instructions or requirements. The Terms and Conditions shall not be modified or supplemented.

NOTE: if you decide not to bid, do not return this document.

A business eligible for a New Mexico/Native American Resident Preference (Preference) must obtain a Preference certificate from the NM Taxation & Revenue Department. In order for the appropriate Preference to be applied to this solicitation, the expenditure for this solicitation cannot involve federal funds, and Bidder must submit a copy of its Preference certificate along with its response to the solicitation. Applicable Preferences will be applied to monetary values only, in accordance with §13-1-21 NMSA 1978, not percentage discounts or other non-monetary values. Additionally, only one submitted Preference will be applied per solicitation, not multiple.

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

Technical Online Bidding Questions:

(505) 795-1894 or (800) 233-1121 or you can contact the Procurement Specialist.

Bidder Instructions for Invitation to Bid (ITB) Viewing ITB:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

State of New Mexico General Services Department

Purchasing Division ITB Price Agreement #: 70-80500-26-17237

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1. Bidders can access active procurements at the following sites:

• https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx

• https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

2. Complete bid documents as required by the ITB Specifications, and submit any required documentation, supporting materials, certificates, etc. in addition to the bid documents.

Submitting Bids:

Complete bid documents as required by the ITB Specifications, and submit any required documentation, supporting materials, certificates, etc. in addition to the bid documents.

• Electronic submissions through eProNM at the following site:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

• Bids will be time-stamped in the system when Bidder clicks “OK” after “Review and Submit.”

Such electronic submissions will be considered sealed bids in accordance with statute.

• If an amendment is processed after bid is submitted, Bidders must resubmit their bid in order for it to be considered fully submitted. Note: It is the responsibility of the Bidder to ensure bids are correct and accurate before submission. By bidding electronically, you acknowledge any and all amendments and it is your responsibility to ensure your bid corresponds with any amendments.

It is the Bidder’s responsibility to ensure all documents are completely uploaded and submitted electronically via the eProNM system by the deadline set forth in this ITB. The eProNM system will automatically cease uploading data at the date and time of the deadline. Please ensure that you, as the Bidder, allow adequate time for large uploads and to fully complete your submittal by the deadline. A submission that is not both: (1) fully complete; and (2) received, via the eProNM system by the deadline, will be deemed late. Further, a submission that is not fully complete and received via the eProNM system by the deadline because the response was captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any anti-virus or other security software will be deemed late. In accordance with statute and rule, NO LATE BID CAN BE

ACCEPTED.

Bid Opening:

Sealed bids will be publicly opened online via Microsoft Teams. Bids are subject to the “Terms and Conditions,” shown on the subsequent pages of this document, and any additional bidding instructions or requirements. NOTE: if you decide not to bid, do not return this ITB document.

Please join Bid Opening from your computer, tablet or smartphone: https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?conte xt=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250- 9e0b-4237-b5ee-d3e9e1e586fc%22%7d

Meeting ID: 210 089 867 732 Passcode: 4W2kXN Download Teams | Join on the web

Or call in (audio only) +1 505-312-4308,,45609571# United States, Albuquerque Phone Conference ID: 456 095 71#

Terms and Conditions (Unless otherwise specified)

1. General: When the State Purchasing Agent or his/her designee issues a purchase document in response to the bid, a https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+15053124308,,45609571

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Page-3 binding contract is created.

2. Variation in Quantity: No variation in the quantity of any item called for by this order will be accepted unless such variation has been caused by conditions of loading, shipping, packing or allowances in manufacturing process and then only to the extent, if any, specified in this order.

3. Assignment:

a. Neither the order, nor any interest therein, nor any claim thereunder, shall be assigned or transferred by the Vendor, except as set forth in Subparagraph 3b or as expressly authorized in writing by the State Purchasing Agent or his/her designee. No such assignment or transfer shall relieve the Vendor from the obligations and liabilities under this order.

b. Vendor agrees that any and all claims for overcharge resulting from antitrust violations which are borne by the State as to goods, services, and materials purchased in connection with this bid are hereby assigned to the State.

4. State Furnished Property: State furnished property shall be returned to the State upon request in the same condition as received except for ordinary wear, tear and modifications ordered hereunder.

5. Discounts: Prompt payment discounts will not be considered in computing the low bid.

6. Inspection: Final inspection and acceptance will be made at the destination. Supplies rejected at the destination for nonconformance with specifications shall be removed at the Vendor's risk and expense, promptly after notice of rejection.

7. Inspection of Plant: The State Purchasing Agent or his/her designee may inspect, at any reasonable time, the part of the Vendor's, or any subcontractor's plant or place of business, which is related to the performance of this contract.

8. Commercial Warranty: The Vendor agrees that the supplies or services furnished under this order shall be covered by the most favorable commercial warranties the Vendor gives for such to any customer for such supplies or services. The rights and remedies provided herein shall extend to the State and are in addition to and do not limit any rights afforded to the State by any other clause of this order. Vendor agrees not to disclaim warranties of fitness for a particular purpose of merchantability.

9. Taxes: The unit price shall exclude all state taxes.

10. Packing, Shipping and Invoicing:

a. The State's purchasing document number and the Vendor's name, user's name and location shall be shown on each packing and delivery ticket, package, bill of lading and other correspondence in connection with the shipments. The user's count will be accepted by the Vendor as final and conclusive on all shipments not accompanied by a packing ticket.

b. The Vendor's invoice shall be submitted duly certified and shall contain the following information: order number, description of supplies or services, quantities, unit price and extended totals. Separate invoices shall be rendered for each and every complete shipment.

c. Invoices must be submitted to the using agency and NOT the State Purchasing Agent.

11. Default: The State reserves the right to cancel all or any part of this order without cost to the State, if the Vendor fails to meet the provisions of this order and, except as otherwise provided herein, to hold the Vendor liable for any excess cost occasioned by the State due to the Vendor's default. The Vendor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Vendor, such causes include but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractor due to any of the above, unless the State shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Vendor to meet the required delivery scheduled. The rights of the State provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this order.

12. Non-Collusion: In signing this bid the Vendor certifies he/she has not, either directly or indirectly, entered into action in restraint of free competitive bidding in connection with this offer submitted to the State Purchasing Agent or his/her

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13. Nondiscrimination: Vendor doing business with the State of New Mexico must be in compliance with the Federal Civil Rights Act of 1964 and Title VII of the Act (Rev. 1979) and the Americans with Disabilities Act of 1990 (Public Law 101- 336).

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

15. Items: All bid items are to be NEW and of most current production, unless otherwise specified.

16. Payment for Purchases: Except as otherwise agreed to: late payment charges may be assessed against the user state agency in the amount and under the conditions set forth in Section 13-1-158 NMSA 1978.

17. Workers' Compensation: The Vendor agrees to comply with state laws and rules pertaining to Workers' Compensation benefits for its employees. If the Vendor fails to comply with Workers' Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the contracting agency.

18. Submission of Bid: Bids may be submitted electronically through eProNM at the following site:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico or may be submitted in a sealed envelope with the bid number and opening date clearly indicated on the bottom left hand side of the front of the envelope.

Failure to label bid envelope will necessitate the premature opening of the bid in order to identify the bid number.

19. Vendor Personnel: Personnel proposed in the Vendor’s written bid to the Procuring Agency are considered material to any work performed under this Price Agreement. Once a Purchase Order or contract has been executed, no changes of personnel will be made by the Vendor without prior written consent of the Procuring Agency. Replacement of any Vendor personnel, if approved, shall be with personnel of equal ability, experience, and qualifications. The Vendor will be responsible for any expenses incurred in familiarizing the replacement personnel to insure their being productive to the project immediately upon receiving assignments. Approval of replacement personnel shall not be unreasonably withheld.

The Procuring Agency shall retain the right to request the removal of any of the Vendor’s personnel at any time.

20. Subcontracting: The Vendor shall not subcontract any portion of the Price Agreement without the prior written approval of the Procuring Agency. No such subcontracting shall relieve the Vendor from its obligations and liabilities under this Price Agreement, nor shall any subcontracting obligate payment from the Agency.

21. Records and Audit: The Vendor shall maintain detailed time and expenditure records that indicate the date, time, nature, and cost of services rendered during this Price Agreement’s term and effect, and retain them for a period of three (3) years from the date of final payment under this Price Agreement. The records shall be subject to inspection by the Agency, State Purchasing Division, Department of Finance and Administration, and for Information Technology contracts, State Chief Information Officer. The Agency shall have the right to audit billings, both before and after payment. Payment for services under this Price Agreement shall not foreclose the right of the Agency to recover excessive or illegal payments.

22. Subcontracts: The foregoing requirements for Vendor Personnel, Subcontracting, and Audit shall be inserted into all subcontracts from the prime vendor to the subcontractor.

Important Bidding Information

All Bidders must notify the State Purchasing Agent or his/her designee if any employee(s) of the requesting agency or the office of the State Purchasing Agent have a financial interest in the Bidder. Financial interest is defined as:

A. holding a position in a business as officer, director, trustee or partner or holding any position in management; or

B. ownership of more than five percent interest in a business.

____ No financial interest ____ Yes financial interest https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

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If yes, specify the employee’s name: ________________and financial interest: ________________________

Bid tabulations will be posted to our website approximately two (2) weeks after bid opening date. To access go to https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx, and filter by Bid Tab.

Failure of Bidder to complete bidding documents, in accordance with all instructions provided, is cause for this office to reject their bid.

Brand names and numbers are for reference only; equivalents will be considered. If bidding “equivalent” bidders must be prepared to furnish “complete data” upon request, preferably with bid, to avoid delay in award.

Specifications on the bid are not to exclude any bidder or manufacture. Where a brand name or equal is indicated, it is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to restrict competition. “No substitute” specifications may be authorized ONLY if required to match existing equipment.

If any Bidder is of the opinion that the specifications as written preclude her/him from submitting a bid on this ITB, it is requested that his/her opinion be made known to the State Purchasing Agent or his/her designee, in writing, at least seven

(7) days prior to the bid opening date.

Bidders must, upon request of the State Purchasing Agent or his/her designee, provide information and date to prove that the financial resources, production of service facilities, service reputation and experience are adequate to make satisfactory delivery of the materials and/or services. The State Purchasing Agent or his/her designee reserves the right to require a Bidder to furnish a Performance Bond prior to award, where the Bidder is unable to furnish the required information or data, or for other reasons which would insure proper performance by the Bidder.

Unless otherwise indicated in the bid specifications, samples of the items, when required, shall be free of expense to the State of New Mexico. Samples not destroyed or mutilated in testing will be returned upon request, at Bidders expense.

Each sample must be labeled to clearly show the bid number and item number that it pertains to. Unsolicited bid samples or descriptive literature, which is submitted at the Bidder’s risk, will not be returned.

Awards

Determination of Lowest Bidder – Following determination of product acceptability, if any is required, bids will be evaluated to determine which Bidder offers the lowest cost to the State in accordance with the specifications and terms & conditions set forth in the Invitation to Bid. The State Purchasing Agent reserves the right to award this Invitation to Bid in total; by groups of items; on the basis of individual items; any combination of these which could result in a multiple award;

or as otherwise specified in bid specifications; whichever, in his/her judgment, best serves the interest of the State of New Mexico.

The New Mexico State Purchasing Agent or his/her designee reserves the right to accept and/or reject any and all bids, to waive technical irregularities, and to award to the Bidder whose bid is deemed to be in the best interest of the State of New Mexico.

Special Notice – To preclude any possible errors and/or misinterpretations, bid prices must be affixed legibly in ink or typewritten. Corrections or changes must be signed or initialed by Bidder prior to the scheduled bid opening; failure to do so will be just cause for rejection of bid.

Bids may be withdrawn upon receipt of written request, prior to scheduled bid opening for the purpose of making any corrections and/or changes; such corrections must be properly identified and signed or initialed by Bidder. Resubmittal must be prior to scheduled bid opening for consideration.

After bid opening, no modifications on bid prices or other provisions of bid shall be permitted. A low Bidder alleging a material mistake of fact after bids have been opened may be permitted to withdraw the bid upon written request prior to award at the discretion of the State Purchasing Agent or his/her designee.

https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx

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F.O.B. Destination – Means goods are to be delivered to the destination designated by the user which is the point at which the user accepts ownership or title of the goods. Laws of New Mexico specifically prohibit acceptance of ownership of goods in transit. Any exception to F.O.B. Destination may cause bid to be declared nonresponsive.

If you are an individual with a disability and you require accommodations such as a hearing interpreter to attend our bid openings, please contact State Purchasing (505) 827-0472 at least five (5) working days prior to the scheduled bid opening.

New Mexico Employees Health Coverage

A. If Vendor has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Vendor certifies, by signing this agreement, to have in place, and agrees to maintain for the term of the contract, health insurance for its New Mexico Employees and offer that health insurance to its New Mexico Employees if the expected annual value in the aggregate of any and all contracts between Vendor and the State exceeds $250,000 dollars.

B. Vendor agrees to maintain a record of the number of its New Mexico Employees who have (a) accepted health insurance; (b) declined health insurance due to other health insurance coverage already in place; or (c) declined health insurance for other reasons. These records are subject to review and audit by a representative of the state.

C. Vendor agrees to advise all of its New Mexico Employees of the availability of State publicly financed health care coverage programs by providing each of its New Mexico Employees with, as a minimum, the following web site link to additional information: https://www.bewellnm.com/

D. For purposes of this Paragraph, the following terms have the following meanings:

(1) “New Mexico Employee” means any resident of the State of New Mexico employed by Vendor who performs the majority of the employee’s work for Vendor within the State of New Mexico, regardless of the location of Vendor’s office or offices; and

(2) “offer” means to make available, without unreasonable restriction, enrollment in one or more health coverage plans and to actively seek and encourage participation in order to achieve the goals of Executive Order 2007-049. This could include State publicly financed public health coverage programs such as Insure New Mexico!

Department Price Agreement

Article I – Statement of Work Under the terms and conditions of this Price Agreement, the using agency may issue orders for items and/or services described herein.

The terms and conditions of this Price Agreement shall form a part of each order issued hereunder.

The items and/or services to be ordered shall be listed under Article IX – Price Schedule. All orders issued hereunder will bear both an order number and this Price Agreement number. It is understood that no guarantee or warranty is made or implied by either the New Mexico State Purchasing Agent or the user that any order for any definite quantity will be issued under this Price Agreement. The Vendor is required to accept the order and furnish the items and/or services in accordance with the articles contained hereunder for the quantity of each order issued.

Article II –Term The term of this Price Agreement for issuance of orders shall be as indicated in specifications.

https://www.bewellnm.com/

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Article III –Specifications Items and/or services furnished hereunder shall conform to the requirements of specifications and/or drawings applicable to items listed under Article IX - Price Schedule. Orders issued against this schedule will show the applicable price agreement item(s), number(s), and price(s); however they may not describe the item(s) fully.

Article IV – Shipping and Billing Instructions Vendor shall ship in accordance with the instructions of this form. Shipment shall be made only against specific orders which the user may place with the vendor during the term indicated in Article II – Term. The Vendor shall enclose a packing list with each shipment listing the order number, price agreement number and the commercial parts number (if any) for each item. Delivery shall be made as indicated on page 1. If Vendor is unable to meet stated delivery the State Purchasing Agent must be notified.

Article V – Termination The Agency may terminate this Agreement for convenience or cause. The Vendor may only terminate this Agreement based upon the Agency’s uncured, material breach of this Agreement. Vendor shall give Agency written notice of termination at least thirty (30) days prior to the intended date of termination, which notice shall (i) identify all the Agency’s material breaches of this Agreement upon which the termination is based and (ii) state what the Agency must do to cure such material breaches. Vendor’s notice of termination shall only be effective (i) if the Agency does not cure all material breaches within the thirty (30) day notice period or (ii) in the case of material breaches that cannot be cured within thirty (30) days, the Agency does not, within the thirty (30) day notice period, notify the Vendor of its intent to cure and begin with due diligence to cure the material breach. Termination of this Contract, however, shall not affect any outstanding orders. This provision is not exclusive and shall not waive other rights and remedies afforded either party in the event of breach of contract or default. In such instances the contract may be cancelled effective immediately.

Article VI – Amendment This Price Agreement may be amended by mutual agreement of the New Mexico State Purchasing Agent or his/her designee and the Vendor upon written notice by either party to the other. An amendment to this Price Agreement shall not affect any outstanding orders issued prior to the effective date of the amendment as mutually agreed upon, and as published by the New Mexico State Purchasing Agent or his/her designee. Amendments affecting price adjustments and/or the extension of a price agreement expiration date are not allowed unless specifically provided for in the bid and price agreement specifications.

Article VII – Issuance or Orders Only written signed orders are valid under this Price Agreement.

Article VIII – Packing (if applicable) Packing shall be in conformance with standard commercial practices.

Article IX – Price Schedule Prices as listed in the price schedule hereto attached are firm.

IMPORTANT: NO ADDITIONAL TERMS AND/OR CONDITIONS WILL BE ACCEPTED

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Specifications:

Establish a statewide Price Agreement for Hot Mix Asphalt (HMA) and Hot Mix Cold Lay (HMCL) Asphalt for the New Mexico Department of Transportation (NMDOT or Department). This is a material only price agreement

This Price Agreement is applicable and available for use by New Mexico Department of Transportation, New Mexico State Agencies and New Mexico Local Public Bodies. Prior to utilizing this Price Agreement, the New Mexico Department of Transportation must be notified, and the user must request approval. Vendor is to take note that NMDOT has precedence for the usage of this Price Agreement. . All approval requests must be submitted to PAapproval.request@dot.nm.gov to be considered.

All products purchased under this Price Agreement shall meet the specifications as set forth in this price agreement, and all applicable New Mexico State Department of Transportation Standard Specifications for Highway and Bridge Construction, special provisions, standard drawings and supplemental specifications (current edition). They are available on the NMDOT website, at the following link: http://dot.state.nm.us/content/nmdot/en/Standards.html and they are available for purchase at the General Office Financial Control Section via email at marissa.lujan@dot.nm.gov.

Vendors are required to ensure that the products used in conjunction with this Price Agreement have been submitted and approved through the NMDOT Product Evaluation Program prior to placement on a project. Any Questions regarding the NMDOT Product Evaluation Program shall be directed to Product Evaluation Coordinator via email at NMDOTAPL@dot.nm.gov.

Term of Agreement:

The term of this agreement is for a period of one year from date of award with an option to extend for a period(s) of three (3) additional years, on a year-to-year basis, by mutual agreement of both parties and the approval of the State Purchasing Agent at the same prices, terms and conditions. This price agreement shall not exceed four (4) years.

Tax Note:

Price shall not include State Gross Receipts or Local Option Tax. Taxes shall be added to the invoice at current rates as a separate item to be paid by the NMDOT.

Bidding Information:

The conditions and specifications set out in the invitation to bid are inseparable and indivisible. Any Vendor, by submitting a bid, agrees to be bound by all such conditions and/or specifications. All conditions and specifications in the invitation to bid, and all other documents required to be submitted, shall be submitted by the Vendor in their bid package.

Failure to do so or any attempt to vary or change the conditions or specifications of the invitation to bid shall, at the discretion of the State of New Mexico, constitute grounds for rejection of the entire bid.

The prices quoted herein represent the total compensation to be paid by the State of New Mexico for goods provided. It is understood that the party providing said goods to the State of New Mexico is responsible for payment of all costs of labor, equipment, tools, materials, federal taxes, permits, licenses, fees, and any other items necessary to complete the work provided. The prices quoted in this price agreement include an amount sufficient to cover such costs. Show the amounts for the respective bid item unit prices to a maximum of two (2) decimal places. Truncate additional decimal items in excess of two (2).

Bid Review:

NMDOT shall perform a bid analysis of all bids received for price agreements requiring the technical expertise of an engineer. This includes a determination of qualifications in accordance with the technical standards and requirements of the price agreement. The analysis and recommendation for award will be sent to the State Purchasing Division (SPD) for final determination.

Method of Award:

mailto:PAapproval.request@dot.nm.gov http://dot.state.nm.us/content/nmdot/en/Standards.html mailto:marissa.lujan@dot.nm.gov mailto:NMDOTAPL@dot.nm.gov

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Pursuant to the Procurement Code, Sections 13-1-153 and 13-1-154, the State reserves the right to issue multiple awards to obtain the items listed. Multiple awards are recommended to ensure availability and timely delivery. Awards will be made to meet the best interests of the State of New Mexico.

Method of award shall be to one or more Vendors for each group/district. Items shall be awarded to one or more Vendors per group/district, but not to exceed four (4) Vendors per group. This price agreement may be awarded to one (1) or more Vendors, as follows:

Items 001 to 006 – Group One or District One Items 007 to 012 – Group Two or District Two Items 013 to 018 – Group Three or District Three Items 019 to 024 – Group Four or District Four Items 025 to 030 – Group Five or District Five Items 031 to 036 – Group Six or District Six

For a bid to be considered for award to a group/district, prices must be submitted for all items for that group/district. Failure to do so will result in the bid being deemed irregular and rejected from consideration for award to that group/group.

Utilization of Vendors:

The following procedure for the utilization of vendors shall be used on multiple award price agreements.

1. The selection of a Vendor from a multiple award Price Agreement to complete a project shall be based on the purchase order utilizing pricing contained within this Price Agreement.

2. The District Engineer or their designee shall evaluate the estimated quantities, unit costs, total costs per item, and total purchase order costs for each awarded vendor.

3. Vendor Selection:

a. The Vendor with the lowest individual project estimate shall be selected to perform the work for that specific project.

b. A Vendor not having the lowest individual project estimate can be used if the Vendor providing the lowest estimate is unable to meet all project requirements, including project schedule, as determined and documented by the District Engineer or their designee.

c. If a Vendor fails to respond or commit in writing within ten (10) working days from the time NMDOT requests services, including estimate and project schedule, the vendor will be deemed nonresponsive and the NMDOT will award the next available vendor.

The Vendor Agrees to:

Indemnify and hold harmless The State of New Mexico, its officers and employees, against liability, claims, damages, losses or expenses arising out of bodily injury to persons or damage to property caused by, or resulting from, Vendors and/or its employees, own negligent act(s) or omission(s) while Vendor, and/or its employees, person(s) or fails to perform its obligations and duties under the terms and conditions of this agreement. This h o l d harmless and indemnification clause is subject to the immunities, provisions and limitations of the tort claims act (41-4-1, et seq., N.M.S.A. 1978 comp.) and section 56-7-1 N.M.S.A. 1978 comp. and any amendments thereto.

It is specifically agreed between the parties executing this agreement that it is not intended by any of the provisions of any part of the price agreement to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the price agreement to maintain a lawsuit(s) for wrongful death(s), bodily and/or personal injury(ies) to person(s), damage(s) to property(ies) and/or any other claim(s) whatsoever pursuant to the provisions of this price agreement.

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Vendor agrees to be bound by all provisions, requirements, specifications, plans, time-tables contained or referenced in this Price Agreement. Vendor further agrees to furnish all Materials, supplies, equipment, labor and tools to pe1form the work specified.

General Notes:

1. Prices bid under this agreement shall be Freight On Board (F.O.B.) destination.

2. For the determination of any design parameters for HMA, the estimated traffic shall be greater than or equal to three (3) million to less than ten (10) million ESAL’s using PG 70-22.

3. Acceptance sampling and testing will be performed by Department representatives. The Department will sample and test in accordance with Section 416, Minor Paving, for Assurance purposes. If Material appears defective, additional sampling and testing may occur.

4. Materials that are measured by weight shall be measured and proportioned by weight using certified and accurate scales that are within tolerances established by state law.

Scales shall be certified at least once every 12 months or each time the scales are relocated. Weighmasters shall be certified by the NMDA shall operate the scales.

Vendor shall supply certified scale ticket indicating purchase order number, date, ticket number, truck/trailer number, gross weight, tare weight, net weight, material type, certified weighmaster’s name and signature. This will be used for payment.

Escalation Clause:

In the event of a product cost increase, an escalation request will be submitted for review to the NMDOT on an individual basis. This measure is not intended to allow any increase in profit margin but is solely intended to allow compensation for actual cost increases directly related to bid items.

To facilitate prompt consideration, all requests for price increase must include all information listed below:

1. Price Agreement Item Number

2. Current Item Price

3. Proposed New Price

4. Percentage of Increase

5. Mill/Supplier Notification of price increase indicating percentage of increase including justification for increase.

The NMDOT upon review of an escalation request may require additional supporting documentation prior to providing a written recommendation to the General Services Department’s (GSD), State Purchasing Division. Final determination on the approval or disapproval of the escalation request will be made by GSD’s, State Purchasing Division.

Quantities:

The approximate quantities for each item are estimated and are for bidding purposes only. Actual requirements will be as determined by the District Engineer or their designee, and quantities may be increased or decreased as necessary to meet actual field requirements. The State of New Mexico does not guarantee any amount of work.

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NEW MEXICO DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISION MODIFYING

SECTION 402: ASPHALT MATERIALS AND ANTISTRIPS

402.1 DESCRIPTION

This Work consists of providing, mixing, and applying asphalt Materials and mineral admixtures (hydrated lime, anhydrite based Material, Portland cement or lubricating antistrip additive).

402.2 MATERIALS

402.2.1 Asphalt Binder

Asphalt binders are uncracked petroleum asphalts. The Vendor shall prepare asphalt binders by refining petroleum at a maximum temperature of 700 °F. The Vendor shall not use Materials that are prone to cracking. The asphalt binder will be:

1. Free of thermal decomposition products;

2. Free of residue from non-asphalt sources;

3. Homogeneous and free from water;

4. Non-foaming when heated to 350 °F; and

5. Conforming to the requirements of performance-graded asphalt binder.

402.2.1.1 Performance-Graded Asphalt Binder (PGAB)

The Vendor shall provide performance-graded asphalt binder in accordance with AASHTO M 320, Table 1. The Vendor may substitute a performance-graded asphalt binder with a high-end or low-end temperature grade in excess of that shown in the Plans, at no additional cost to the Department.

402.2.1.2 Polymer-Modified Asphalt Binder

The Vendor shall provide a Polymer-Modified Asphalt Binder that meets the requirements for a PG 76-22+, PG 76-28+, PG 70-22+, PG 70-28+, PG 76-28R+ or PG70-28R+ per AASHTO M 320 in addition to the requirements in Table 402.2.1.2:1, “Polymer-Modified Asphalt Binders.”

Table 402.2.1.2:1 Polymer-Modified Asphalt Binders

Properties

Requirements

PG 76-22+,

PG 76-28+,

PG 70-22+

PG 70-28+

PG 76-28R+

PG 70-28R+

Terminal-Blended Tire Rubber Content, % minimum ------ 5.0

Styrene-Butadiene-Styrene (SBS) Polymer Content by Weight of Total Formulation, % minimum

------ 2.0

Solubility in Trichloroethylene, % minimum (Note 1), ASTM D 2042 97.5 97.5

Elastic Recovery @ 77oF, % minimum, AASHTO T 301 65 65

Notes:

1. If the solubility of the binder is less than 97.5 percent, test the base asphalt binder.

The solubility of the base asphalt binder shall be greater than 99 percent.

2. Elastic Recovery shall be performed on RTFO aged binder.

402.2.1.3 Tire Rubber Modifier (TRM)

Tire rubber modifier (TRM) shall be produced from the recycling of automobile and/or truck tires. The

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Page-12 specific gravity of the TRM shall be 1.15 +/- 0.05. The fiber content shall be less than 0.5% by weight for all other applications. The TRM shall contain no metal particles. Mineral contaminates shall be less than 0.25% by weight.

402.2.1.3.1 Asphalt Rubber Binder Formulation Design

The asphalt rubber binder shall contain a minimum of five percent (5%) TRM. The terminal-blended asphalt rubber binder shall conform to the requirements of AASHTO M320, as well as the requirements in Table 402.2.1.2:1, “Polymer-Modified Asphalt Binders.” The Asphalt Rubber Binder Vendor shall perform the design for the asphalt rubber binder formulation. Testing shall be the responsibility of the Vendor, at no additional cost to the Department.

The Vendor shall provide the State Materials Bureau with a copy of the terminal-blended asphalt rubber binder formulation design at the time of mix design submittal.

The design shall include:

1. Source;

2. Grade;

3. Type;

4. Proportion expressed as a percentage of total weight of the formulation for each component

Material;

5. Physical properties of the asphalt rubber binder in accordance with Table 402.2.1.2:1, “Polymer-Modified Asphalt Binders;” and

6. Recommended mixing and compaction temperatures for intended use.

402.2.1.4 Shipping

The Vendor shall:

1. Ship asphalt Material in sealed, insulated tank vehicles with convenient access to the Material so that it may be sampled;

2. Keep the shipping tanks free of foreign matter. The Department will reject contaminated asphalt Material;

3. Ship the performance-graded binder as shown in the requirements of Department’s Standard Practice for Certifying Vendors of Performance-Graded Asphalt Binders and in accordance with Section 402.2.1.1, “Performance-Graded Asphalt Binder (PGAB).”

402.2.1.5 Sampling and Testing

402.2.1.5.1 Sampling of Asphalt Binder

The Vendor shall perform all Quality Assurance sampling using AASHTO T 40, Standard Method of Test for Sampling Bituminous Materials under the direct supervision of TTCP certified sampling personnel, and witnessed by the Project Manager or his designee. The samples will be taken either from the discharge side of the storage tank or from the delivery trucks. The samples will be taken after a sufficient amount, a minimum of one (1) gallon, of PGAB is run out to clear any residual PGAB or other asphalt Material and/or solvent that may have built up in the sampling valve. All approved sample containers shall be identified using Department Form A-1231.

The minimum sampling and testing frequency for asphalt cement shall be per Section 906 “Minimum Testing Requirements.” A sample shall consist of (3) separate one (1)-quart sub-samples.

All samples shall be maintained in a secure, dry location at the Project office or at a pre-agreed upon location that is satisfactory to the Vendor and Project Manager.

402.2.1.5.2 Testing of Asphalt Cement

The Vendor shall sample and test performance-graded asphalt binders in accordance with the Department’s Standard Practice for Certifying Vendors of Performance-Graded Asphalt Binders and in

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Page-13 accordance with Section 402.2.1.1, “Performance-Graded Asphalt Binder (PGAB).” The Department will assume no obligation to Accept the CTR’s and may additionally test the certified Materials. The Department may test asphalt Materials at the manufacture, shipping, or Project storage location.

One (1) sub-sample shall be tested by Department Chemistry Unit when the test strip is performed.

Another randomly selected sub-sample shall be tested by the Department Chemistry Unit during the course of the Project.

If the results of any of the sub-samples designate failing Material, the second sub-sample shall be submitted to and tested by the Department Chemistry Unit. If the second sub-sample does not meet Specifications in accordance with AASHTO M 320, Table 402.2.1.6:1, “Pay Adjustment Factor Based on Binder Test Results” will be implemented by the Project Manager. The Pay Adjustment Factor will represent the total asphalt binder used for 5000 Tons of HMA or the tonnage of HMA used for the test strip. If there are multiple failures for each binder test on the same sample, the Project Manager will base the adjustment on the lowest pay factor of all the tests. The Price Adjustment will be executed with a Change Order (Field Sheet).

402.2.1.5.3 Appeal Procedure (Asphalt Binders – Only)

If desired, the Vendor at no expense to the Department may submit the third sub-sample (verification) to a mutually agreed upon Independent Laboratory. The Independent Laboratory shall be currently accredited to perform such testing by the AASHTO Accreditation Program (AAP).

If the Vendor desires to appeal the price adjustment for a particular PGAB grade production lot (5000 Tons of HMA or WMA), the Vendor shall submit a written request through the Vendor to the Project Manager, with a copy to the QC Engineer, within ten (10) Calendar Days of the reported test results. The request must describe in full the grounds of circumstances for the appeal. The appeal request will be reviewed by the Project Manager and Assistant District Engineer - Construction and either Accepted or denied. If the appeal is denied, a letter from the Project Manager stating the grounds for denial will be sent to the Vendor and the price adjustment will be executed with a Change Order (Field Sheet).

402.2.1.6 Acceptance

The Department will Accept asphalt cement in accordance with the Department’s Standard Practice for Certifying Vendors of Performance-Graded Binders and in accordance with Section 402.2.1.1, “Performance-Graded Asphalt Binder (PGAB).”

TABLE 402.2.1.6:1

Pay Adjustment Factor1

Based on Binder Test Results Binder Property Measured Value Pay Factor Applied

DSR on Original Binder G*/sinδ (kPa) Min. 1.00 kPa

<1.00 – 0.98 0.98 <0.98 – 0.96 0.95 <0.96 – 0.94 0.92 <0.94 – 0.90 0.85 <0.90 0.75 or Removal2

DSR on RTFO Aged Material G*/sinδ (kPa) Min. 2.20 kPa

<2.20 – 2.15 0.98 <2.15 – 2.09 0.95 <2.09 – 2.02 0.92 <2.02 – 2.00 0.85 <2.00 0.75 or Removal2

DSR on PAV Aged Material with δ < 42° G*sinδ (kPa) Max. 5000 kPa

>5000 – 5100 0.98 >5100 – 5250 0.95 >5250 – 5400 0.92 >5400 – 5600 0.85

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TABLE 402.2.1.6:1

Pay Adjustment Factor1

Based on Binder Test Results Binder Property Measured Value Pay Factor Applied

>5600 0.75 or Removal2

DSR on PAV Aged Material with δ ≥ 42° G*sinδ (kPa) Max. 6000 kPa

>6000 – 6100 0.98

>6100 – 6250 0.95

>6250 – 6400 0.92

>6400 – 6600 0.85

>6600 0.75 or Removal2

BBR Slope value (m) of PAV Aged Binder Min. 0.300

<0.300 – 0.298 0.98 <0.298 – 0.293 0.95 <0.293 – 0.290 0.92 <0.290 – 0.285 0.85 <0.285 0.75 or Removal2

BBR Stiffness of PAV Aged Binder S (MPa)

>300 – 306 0.98 >306 – 315 0.95 >315 – 324 0.92 >324 – 330 0.85 >330 0.75 or Removal2

% Elastic Recovery on RTFO Aged Material3, Min 65% <65 – 60 0.95

<60 0.75 or Removal2 1 Price Reduction will be applied to Contactor’s invoice price of asphalt binder.

2 The Assistant District Engineer - Construction will determine if the non-compliant HMA Material will be removed. Removal and replacement will be at no additional cost to the Department. If the non-compliant Material is Accepted, a price reduction factor of

0.75 will apply.

3 Elastic-Recovery is only applicable to PG+ and PGR+ Binders.

402.2.2 Emulsified Asphalt

Emulsified asphalt consists of uncracked petroleum asphalt uniformly emulsified with water and an emulsifying or stabilizing agent. The Vendor shall ensure that emulsified asphalt is homogenous after mixing. The Vendor shall provide anionic emulsified asphalt in accordance with AASHTO M 140 and cationic emulsified asphalt in accordance with AASHTO M 208.

402.2.2.1 High-Float Emulsions

The Vendor shall provide high-float emulsions (HFE-60, HFE-90, HFE-150, and HFE-300) in accordance with Table 402.2.2.1:1, “High-Float Emulsions Requirements.”

Table 402.2.2.1:1 High-Float Emulsions Requirements

Test HFE-60 HFE-90 HFE-150 HFE-300 Viscosity, Saybolt Furol at 122 °F, Seconds 50+ 50+ 50+ 50+ Sieve Test, Retained on No. 20 Sieve, % 0.10- 0.10- 0.10- 0.10- Settlement, 5 Days, % 5- 5- 5- 5- Storage Stability Test, 1 Day, % 1- 1- 1- 1- Demulsibility, 1.2 fl oz 0.10 N, CaCl, % 30+ 30+ — — Residue from Distillation Test to 500 °F 65+ 65+ 65+ 65+ Oil Distillate by Volume of Emulsion, % 1- 3- 7- 7- Coating Test, 3 minutes Grades, stones coated thoroughly Tests on Residue from Distillation Test Penetration at 77 °F, 3.5 oz., 5 sec, 0.1 mm 60–90 90–150 150–300 300+ Float Test at 140 °F, Seconds 1,200+ 1,200+ 1,200+ 1,200+

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402.2.2.2 Polymer-Modified High-Float Emulsions

This Material is a high-float emulsion containing polymer-modified asphalt and water in accordance with the requirements of Table 402.2.2.2:1, “Polymer-Modified High-Float Emulsions Requirements.”

Table 402.2.2.2:1 Polymer-Modified High-Float Emulsions Requirements

Test HFE-60P HFE-100P HFE-150P HFE-300P Viscosity, Saybolt Furol at 122 °F, Seconds 50+ 50+ 50+ 50+ Sieve Test, Retained on No. 20 Sieve, % 0.10- 0.10- 0.10- 0.10- Storage Stability Test, 1 Day, % 1- 1- 1- 1- Demulsibility, 1.2 fl oz 0.10 N, CaCl, % 30+ 30+ — — Residue from Distillation Test to 400 °F 65+ 65+ 65+ 65+ Oil Distillate by Volume of Emulsion, % 1- 3- 7- 7- Tests on Residue from Distillation Test Penetration at 77 °F, 3.5 oz., 5 s, 0.1 mm 60–90 90–150 150–300 300+ Ductility 77 °F, 2 inch/min 40+ 40+ 40+ — Elastic Recovery, % 55+a 58+a 25+b 25+b Float Test at 140 °F, Seconds 1,200+ 1,200+ 1,200+ 1,200+ aTest in accordance with AASHTO T 301 at a test temperature of 50 °F.

bTest in accordance with AASHTO T 301 at a test temperature of 39.2 °F.

402.2.2.3 Polymer-Modified High-Float Emulsion, Rapid Set

The Vendor shall provide a high-float rapid-set, polymerized emulsion (HFRS-2P) that contains polymer-modified asphalt, water, and an emulsifier. The Vendor shall provide high-float rapid-set, polymerized emulsion (HFRS-2P) in accordance with Table 402.2.2.3:1, “Rapid-Set Polymer-Modified High-Float Emulsion…