Bid Package DHSEM Projects - ITB# 2021-0104 B.pdf

CITY OF RIO COMMUNITIES

INVITATION TO BID

No. 2023-0101

DHSEM Projects

Contents

ADVERTISEMENT FOR BIDS

I. INTRODUCTION

A. Purpose of this Invitation to Bid B. Scope of Work C. Scope of Procurement D. Procurement Manager

E. Definition of Terminology F. Resident/Veteran/Native American/ Business Preference

1. Resident Business Preference

2. Resident Veterans Preference

3. Native American Resident Business

Preference………………………………………………………………………………………………………..14

G. Procurement Library

II. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS

B. EXPLANATION OF EVENTS

1. Issue ITB

2. Bid Intent

3. Pre-Bid Conference

4. Deadline to submit additional written questions

5. Response to written questions/ITB Amendments

6. Submission of Bids

7. Public Opening

8. Bid Tabulation

9. Contract Award

10. Protest Deadline

C. GENERAL REQUIREMENTS

1. Acceptance of Conditions Governing the Procurement

2. Incurring Cost

3. Prime Contractor Responsibility

4. Subcontractors

5. Amended Bids

6. Bidders’ Rights to Withdraw Bid

7. Bid Offer Firm

8. No Obligation

9. Termination

10. Sufficient Appropriation

11. Legal Review

12. Governing Law

13. Basis for Bid

14. Contract Terms and Conditions

15. Bidder Qualifications

16. Right to Waive Minor Irregularities

17. Change in Contractor Representatives

18. Notice

19. City Rights

20. Ownership of Bids

21. Ambiguity, Inconsistency or Errors in ITB

22. Competition

23. Use by Other Government Entities

24. Confidentiality

25. Delivery & Failure to Meet Order Provisions

26. Discounts

27. City Furnished Property

28. Packing, Shipping, & Invoicing

29. Electronic mail address required

30. Use of Electronic Versions of this ITB

31. Award Rights

32. Deliver

33. Addenda

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

B. NUMBER OF COPIES

C. BID CONTENTS

D. BID FORMAT

E. BID SUBMITTAL REQUIREMENTS

IV. SPECIFICATIONS AND REQUIREMENTS

A. INFORMATION

1. Restrictive Specifications

2. Use of Brand Names and Numbers

3. Equivalent Items Bid

4. Special Conditions

5. Response to Requirements

B. DESIGN SPECIFICATIONS

C. MANDATORY REQUIREMENTS

D. OTHER REQUIREMENTS

V. BID OPENING, PROCESSING AND AWARD

A. BID RECEIPT

B. BID OPENING

C. EVALUATION PROCESS

D. AWARD AND ORDER PROCESS

1. Contract Award

2. Order(s)

APPENDIX A

Section Description

SECTION 1

APPENDIX B

BID FORM

DHSEM PROJECTS

APPENDIX C

LETTER OF TRANSMITTAL FORM

APPENDIX D

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

APPENDIX E

RESIDENT VETERANS’ PREFERENCE CERTIFICATION

APPENDIX F

BID SUBMITTAL CHECKLIST

APPENDIX G

DRAFT PURCHASE AGREEMENT CONTRACT

APPENDIX H

NOTICE TO CONTRACTOR

ADVERTISEMENT FOR BIDS

INVITATION TO BID ITB #2023-0101

DHSEM Projects

The City of Rio Communities is requesting sealed bids for the purpose of procuring repairs on Avenida del Fuego, Riley Avenue, Alame Loop, San Lucas Avenue and Chamartin Avenue. The proposed improvements include roadway shoulder pavement reconstruction, 2” mill and inlay and drainage repairs.

Bids may be held for ninety (90) days subject to all action by the City. City of Rio Communities reserves the right to reject any and all bids in part or in whole. A completed bid package shall be submitted in a sealed container indicating the ITB title and number along with the Offeror's name and address clearly marked on the outside of the container All bids must be received by the deadline of 11:00 AM (Mountain Time) on Thursday, September 21st, 2023 at the City of Rio Communities Administrative Office, 360 Rio Communities Blvd., Rio

Communities, New Mexico at which time and place the bid opening will start.

By submitting a bid for the requested services/items each Bidder is certifying that its bid complies with regulations and requirements stated within the Invitation to Bid.

ANY BID PACKAGE RECEIVED BY THE PURCHASING DIVISION AFTER THE DATE AND TIME

SPECIFIED ABOVE WILL NOT BE CONSIDERED AND WILL BE REJECTED BY CITY OF RIO

COMMUNITIES.

EQUAL OPPORTUNITY EMPLOYMENT: All qualified Bidders will receive consideration of contract(s) without regard to race, color, religion, sex or national origin.

Invitation for Bid packages will be available online at www.bidnetdirect.com//cityofriocommunities. Interested bidders will need to register to access the documents. For questions regarding this bid please contact the City of

Rio Communities Chief Procurement Officer, Angela R. Valadez via email at avaladez@riocommunities.net.

http://www.bidnetdirect.com/cityofriocommunities mailto:avaladez@riocommunities.net

I. INTRODUCTION

A. Purpose of this Invitation to Bid The City of Rio Communities (hereinafter the “City”) seeks sealed bids from qualified companies for the purpose of procuring repairs on Avenida del Fuego, Riley Avenue, Alame Loop, San Lucas Avenue and Chamartin

Avenue. The proposed improvements include roadway shoulder pavement reconstruction, 2” mill and inlay and drainage repairs. The drainage repairs include the installation of a storm drain spillway run with riprap at the outlet and channel restoration.

B. Scope of Work

DESCRIPTION

PARTICIPATING

The project consists of removing 2 feet of the existing roadway and milling 2 inches of the adjacent 2 feet towards the crown of the road and placing 2 - 2 inch mats of HMA OR WMA SP-IV for the outside 2 feet pavement removal and 1 - 2 inch mat of HMA OR WMA SP-IV for the milled area. The proposed top mat shall match the existing profile. The project limits will be defined in Section 10 (10-1 thru 10-8) of the construction plan set in Appendix A.

Estimated Quantities for Contractor Information Only NMDOT Item No. Item Description UNIT QUANTITY

201000 CLEARING AND GRUBBING L.S. L.S.

203000 UNCLASSIFIED EXCAVATION C.Y. 230

203100 BORROW C.Y. 40

207000 SUBGRADE PREPARATION S.Y. 1,500

407000 ASPHALT MATERIAL FOR TACK COAT TON 1

408100 PRIME COAT MATERIAL TON 3

414000 COLD MILLING (ASPHALT) SYIN 600

416104 MINOR PAVING TYPE I, HMA SP-IV TON 400

515000 REINF. CONCRETE FOR MINOR STRUCTURES C.Y. 4

570461 36” STORM DRAIN CULVERT PIPE L.F. 47

570465 36” STORM DRAIN CULVERT PIPE END SECTION EACH 1

601000 REMOVAL OF STRUCTURES AND OBSTRUCTIONS L.S. L.S.

601110 REMOVAL OF SURFACING S.Y. 1,150

602000 RIP RAP CALSS A C.Y. 17

602060 RIP RAP CALSS G S.Y. 17

609424 CONCRETE VERTICAL CURB AND GUTTER TYPE B 6” X 24” L.F. 112

613000 CLEANING CULVERTS AND DRAINAGE STRUCTURES L.S. L.S.

618000 TRAFFIC CONTROL MANAGEMENT L.S. L.S.

618011 PUBLIC AWARENESS L.S. L.S.

621000 MOBILIZATION L.S. L.S.

801000 CONSTRUCTION STAKING BY THE CONTRACTOR L.S. L.S.

802000 POST CONSTRUCTION PLANS L.S. L.S.

NON-PARTICIPATING

The project consists of adjusting one sanitary sewer manhole and one water valve to finished grade per construction plan set.

Estimated Quantities for Contractor Information Only

NMDOT

Item No.

Item Description UNIT QUANTITY

662400 MANHOLE ADJUSTMENT EACH 1

663850 WATER VALVE ADJUSTMENT EACH 1

INTENT OF CONTRACT

The intent of the contract is to provide for the construction and completion in every detail of the work described herein. The Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract.

SIGNIFICANT CHANGES IN THE CHARACTER OF WORK

The City reserves the right to make, in writing, at any time during the work, such modifications in quantities and such alterations to the work as are necessary to satisfactorily complete the project. Such modifications in quantities and alterations to the work shall not invalidate the contract nor release the surety, and the Contractor shall agree to perform the work as altered.

If the alterations to the work or modifications in quantities significantly change the character of the work under the contract whether such alterations or modifications are in themselves significant changes to the character of the work or because by affecting other work, they cause such other work to become significantly different in character an adjustment, excluding anticipated profit, shall be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment shall be made either for or against the Contractor in such amount as the City may determine to be fair and equitable.

If the alterations to the work or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. The term “significant change" shall be construed to apply only to the following circumstances:

A. When the character of the work as changed differs materially in kind or nature from that involved or included in the original proposed construction; or

B. When a major item of work as defined elsewhere in the contract is increased in excess of 125% or decreased below 75% of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125% of original contract item quantity, or in the case of a decrease below 75%, to the actual amount of work performed.

C. When the change affects work performed under a subcontract agreement approved by the City, adjustments will be made if prior to doing the work the prime Contractor can show the City that the initiated change adversely affected the subcontractor or the subcontractor's work or payment. No consideration will be given to customary increases/decreases in quantities necessary to complete the work that were changed by the Contractor's schedule of operations, by his or her planning of the work, or for unscheduled mobilizations. No consideration will be made after subcontractor work is completed and claims for additional compensation are received.

DIFFERING SITE CONDITIONS

During the progress of work, if subsurface or latent physical conditions differing materially from those indicated in the contract are encountered at the site or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site the party discovering such conditions shall promptly notify the other party in the contract in writing of the specific differing conditions before they are disturbed, or as soon as practicable thereafter, and before the affected work continues.

A. Upon written notification, the City shall, within a reasonable time, investigate the conditions. If the City determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment that excludes anticipated profits but includes cost of delays will be made, and the contract will be modified in writing accordingly.

B. In the event the Contractor fails to provide the written notification in a timely fashion and the City’s costs are increased as a result, the damage that could have been mitigated by timely notice will be calculated and the contract adjustment will be reduced accordingly.

MAINTENANCE OF TRAFFIC

The Contractor shall furnish, erect, and maintain barricades, warning signs, flaggers, and pilot cars in accordance with the MUTCD, the Traffic Control Plan, and the requirements of Division 700, Traffic Control Devices. Flaggers shall be provided with equipment and training pursuant to requirements of the MUTCD. The equipment used by the flaggers shall be kept clean and in good repair by the Contractor at the Contractor’s expense. The

Contractor shall take all steps necessary to either keep the existing roadway open with a minimum of inconvenience to the traveling public or provide an approved alternate route.

The Contractor’s equipment shall enter and leave the traveled way only in the direction of public traffic. All movements on or across the traveled way shall be performed in a manner that will not endanger the traveling public.

The City will be responsible for snow removal on all sections of roadway open to the traveling public. The Contractor shall be responsible for snow removal as required for the protection of the work on all sections of the project not open to the traveling public.

The Contractor shall be liable and agrees to pay the City for additional costs and expenses incurred by the City in correcting the defect(s).

The Contractor shall provide ingress and egress to local businesses and residences for the duration of the contract. The Contractor shall advise and schedule access modifications with local business owners, residences, and the Engineer at least twenty-four (24) hours in advance.

FINAL CLEANUP

Before final acceptance, the roadway, all pit sites used by the Contractor, and all ground occupied or used by the Contractor in connection with the work shall be cleaned of all rubbish including but not limited to concrete and asphalt chunks, loose rock, excess materials, and temporary structures. All parts of the work shall be left in an acceptable condition. If appropriate arrangements have been made with private property owners, removal of equipment from private property shall not be required prior to final acceptance.

Borrow pits, surfacing pits, haul roads, and all ground occupied by the Contractor in connection with the work shall be revegetated in accordance with the requirements of

NMDOT Standard Specifications for Highway and Bridge Construction Section 632.

Haul roads or other areas may be excepted from these requirements when a letter of intent from the landowner for future use has been accepted by the City.

C. Scope of Procurement This is an Invitation to Bid being conducted by the City of Rio Communities. The scope of the procurement consists of identifying one or more companies that can provide the products described herein. This procurement will result in the award of one definite quantity contract.

D. Procurement Manager The City of Rio Communities has designated a Procurement Officer who is responsible for this procurement and whose name, address, and telephone number are listed below.

Any inquiries or requests regarding this procurement should be submitted to the Chief

Procurement Officer in writing. Bidders may contact ONLY the Chief Procurement

Officer regarding the procurement. Other City employees do not have the authority to respond on behalf of the City of Rio Communities:

Angela R. Valadez

Chief Procurement Officer

Delivery Address:

360 Rio Communities Blvd.

Rio Communities, NM

87002

Electronic Submittal of

Bid:

City of Rio Communities

- Bid Opportunities and

RFPs | BidNet Direct

Mailing Address:

360 Rio Communities Blvd.

Rio Communities, NM

87002

Phone : 505.861.6803

E-mail : avaladez@riocommunities.net https://www.bidnetdirect.com/new-mexico/cityofriocommunities mailto:avaladez@riocommunities.net

E. Definition of Terminology

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

“Governing Body” means the elected board in whom all powers of the City are vested and who are responsible for the proper and efficient administration of City government.

"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" means the City of Rio Communities, State of New Mexico.

"Determination" means the written documentation of a decision of the procurement manager 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.)

"Finalist" is defined as a Bidder who meets all the mandatory specifications of this

Invitation to Bid.

"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 may result in the rejection of the Bidders bid.

"Local public body" means every political subdivision of the State of New Mexico and the agencies, instrumentalities and institutions thereof, including two-year post-secondary educational institutions, school districts and local school boards and municipalities.

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

"Procurement Manager" or “PM” means the person or designee authorized by the City to manage or administer a procurement.

"Procuring agency of the City" means the department or other subdivision of the City of

Rio Communities 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 Rio Communities Purchasing Office or the City of Rio

Communities Purchasing Agent.

"Purchasing Agent" or "PA" means the Purchasing Agent for the City of Rio

Communities.

"Responsible Bidder" means a Bidder who submits a responsive bid and who has furnished 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 bid.

"Responsive Bid" means a bid which conforms in all material respects to the requirements set forth in the invitation to bid. Material respects of a request for bids include, but are not limited to, price, quality, quantity and delivery requirements.

“Statement of Compliance” and “Statement of Concurrence” mean an express statement, by the Bidder in their bid, that they agree with and agree to the stated requirement(s).

Possible examples of acceptable responses include “The [NAME HERE Company] agrees to comply with this requirement.” and “The [NAME HERE Company] concurs with this requirement.”

F. Resident/Veteran /Native /Business Preference

1. Resident Business Preference

The New Mexico Procurement Code provides for preference for resident businesses and Contractors under certain conditions. If applicable, the preference will be provided to those Bidders that have provided a valid resident business preference certificate with their bid, as required by 13-1-22 NMSA 1978.

In order for a Bidder to receive preference as a resident business, that Bidder must submit a copy of their resident business preference certificate with their bid. The preference certificate must have been issued by the New Mexico Taxation and

Revenue Department. Providing only a preference number or a copy of the application is not acceptable.

For more information and application forms, go to:

https://www.tax.newmexico.gov/businesses/in-state-veteran-preference-certification/ https://www.tax.newmexico.gov/businesses/in-state-veteran-preference-certification/

2. Resident Veterans Preference

Effective July 1, 2012, certain preferences are available to Resident Veteran

Businesses. [Please see Section V.C.4 for more information and especially note

Appendix E.] In order for a Bidder to receive preference as a resident veteran business, that Bidder must submit a copy of their resident veteran business preference certificate with their bid. The preference certificate must have been issued by the New Mexico Taxation and Revenue Department. Providing only a preference number or a copy of the application is not acceptable.

https://www.tax.newmexico.gov/businesses/in-state-veteran-preference-certification/

3. Native American Resident Business Preference

The New Mexico Procurement Code provides for Native American resident businesses and Contractors under certain conditions. If applicable, the preference will be provided to those Bidders that have provided a valid Native American resident business preference certificate with their bid, as required by 13-1-22 NMSA 1978.

In order for a Bidder to receive preference as a Native American resident business, that Bidder must submit a copy of their Native American resident business preference certificate with their bid. The preference certificate must have been issued by the

New Mexico Taxation and Revenue Department. Providing only a preference number of a copy of the application is not acceptable.

https://www.tax.newmexico.gov/businesses/business-preference-certification/

G. Procurement Library

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

- New Mexico Procurement Code https://nmonesource.com/nmos/en/nav.do

- City of Rio Communities Procurement Policy: 2023-20 https://www.riocommunities.net/sites/default/files/fileattachments/finance/page/1391/resoluti on_2023-20_procurement_policy.pdf

- New Mexico Veterans/In-State/Native American Resident/Preference

- City of Rio Communities Procurement Forms https://www.tax.newmexico.gov/businesses/in-state-veteran-preference-certification/ https://shared.outlook.inky.com/link?domain=www.tax.newmexico.gov&t=h.eJxVjt2OwiAUhF_FcK0g_QHrla9yoGOXaMFwaGt247vbemGyd5OZ5PvmT0z5Ls478VPKg89KLcsiCz1lxDLiGXySQ5qVmzhEMIO_8fDIuCIjehw8cgnX4KmEFJXY78RtY0aUlAdT6bqzRtFMd-rxe8kh-TSOUwwlgFdTUUfg2NqeXENUuTX53rS1razDqWndSWnT1U1ndaOl0ZsAm4BnDHRZP_JKzDnJOMqJt7n_zP_a1xvF3U4M.MEQCIGJGHDa5XyciHmaVJwm1gsTBSF08JdVLPPbxqFeTqFkAAiAVhP11j7g_JAGwag0bglnDyUE1FRrLpd7zbuFfNE9iyA https://nmonesource.com/nmos/en/nav.do https://www.riocommunities.net/sites/default/files/fileattachments/finance/page/1391/resolution_2023-20_procurement_policy.pdf https://www.riocommunities.net/sites/default/files/fileattachments/finance/page/1391/resolution_2023-20_procurement_policy.pdf www.bidnetdirect.com//cityofriocommunities

- City of Rio Communities Bid Documents www.bidnetdirect.com//cityofriocommunities https://www.riocommunities.net/finance/page/procurement

II. 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 Procurement Manager will make every effort to adhere to the following schedule:

ACTION RESPONSIBILITY DATE

1. Issue ITB Procurement Manager (PM) 09/07/2023

2. Bid Intent PM, Potential Bidders (PB) 09/11/2023

3. Pre-Bid Conference (Virtual) PM, PB 09/13/2023 @ 11:00 AM

4. Deadline to Submit Additional

Questions

PB 09/15/2023

5. Response to Written Questions/

Amendments

PM 09/18/2023

6. Submission of Sealed Bids Bidders 09/21/2023 @ 11:00 AM

7. Public Opening (Virtual) Purchasing, Bidders, General

Public

09/21/2023@11:00 AM

8. Bid Tabulation Purchasing 09/22/2023

9. Contract Award Purchasing Officer, Governing Body

09/25/2023

10. Protest Deadline Bidders 10/10/2023

*Contract award is subject to approval of the Governing Body.

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 Procurement Manager on behalf of the City of Rio

Communities and the City of Rio Communities Governing Body. The bid can be accessed online at www.bidnetdirect.com//cityofriocommunities. Bidders must register to view bidding documents.

2. Bid Intent

Potential Bidders must register on www.bidnetdirect.com//cityofriocommunities to view bidding documents and must submit a Bid Intent on said website.

3. Pre-Bid Conference

A Pre-Bid Conference will be held for this bid on the date and time indicated in

Section II.A (Sequence of Events), above. The Pre-Bid Conference will be conducted via GoToMeeting, due to covid restrictions. The link to the meeting is listed below.

Pre-Bid Conference - ITB #2023-0101 - DHSEM Projects

Wed., September 13, 2023, 11:00 AM - 11:30 AM (MDT)

Join on your computer, mobile app or room device Click here to join the meeting

Meeting ID: 291 956 136 783

Passcode: vk6vD3

Download Teams | Join on the web

Learn More | Meeting options

4. Deadline to submit additional written questions.

Potential Bidders may submit additional written questions as to the intent or clarity of this ITB until close of business on the date indicated in Section II.A

(Sequence of Events), above. All written questions must be asked through www.bidnetdirect.com//cityofriocommunities (See Section I, Paragraph D.)

5. Response to written questions/ITB Amendments

Written responses to written questions and any ITB amendments will be posted to the procurement website at www.bidnetdirect.com//cityofriocommunities.

6. Public Opening

All bids timely received will be opened and read aloud in a public forum online in a GoToMeeting or in person on the date and time indicated in Section II.A

(Sequence of Events), per NMSA 1978, Section 13-1-107 (1984). Bidders are encouraged to attend via GoToMeeting. The GoToMeeting link is listed below.

At the bid opening, the amount of each bid and each bid item, if appropriate, and such other relevant information as may be specified by the Purchasing Agent, together with the name of each bidder, will be recorded, and the record and each bid will be open to public inspection.

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If you are an individual with a disability and you require accommodations such as a hearing interpreter to attend our Public Bid Opening, please contact the

Procurement Manager (see Section I.D., above.) at least seven (7) days prior to the scheduled bid opening.

Bid Opening - ITB #2023-0101 - DHSEM Projects

Thur., Sept. 21, 2023, 11:00 AM - 11:30 AM (MDT)

Join on your computer, mobile app or room device Click here to join the meeting

Meeting ID: 254 199 800 415

Passcode: LVRoyP

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Learn More | Meeting options

7. Submission of Bids

BIDS MUST BE SUBMITTED ELECTRONICALLY NO LATER THAN

11:00 AM MDT ON THE DATE INDICATED IN SECTION II.A

(SEQUENCE OF EVENTS), ABOVE. BIDS RECEIVED AFTER THIS

DEADLINE FOR ANY REASON WILL NOT BE ACCEPTED OR

CONSIDERED.

Bids must be uploaded to www.bidnetdirect.com//cityofriocommunities

8. Bid Tabulation

After the public opening, the bids will be assessed for responsiveness. Responsive bids will be tabulated (price compared) to identify the lowest price(s) submitted.

During this time, the Procurement Manager may, at his or her option, initiate discussions with Bidders for the purpose of clarifying aspects of the bids, but bids may be accepted and considered without such discussion. Discussions SHALL

NOT be initiated by the Bidders.

9. Contract Award

The Purchasing Agent anticipates contract award on the date indicated in Section

II.A (Sequence of Events), above. This date is subject to change at the discretion of the Purchasing Agent or the Governing Body.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MThmZTliYTgtMTA2Yi00ZTFiLWEzNTYtZjJjZDg1Mjk0ZTUx%40thread.v2/0?context=%7b%22Tid%22%3a%221004206f-afd3-4b84-a123-6fa00ca04e0a%22%2c%22Oid%22%3a%226d2815a4-1eb2-466f-b258-0472a3dfe49e%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=6d2815a4-1eb2-466f-b258-0472a3dfe49e&tenantId=1004206f-afd3-4b84-a123-6fa00ca04e0a&threadId=19_meeting_MThmZTliYTgtMTA2Yi00ZTFiLWEzNTYtZjJjZDg1Mjk0ZTUx@thread.v2&messageId=0&language=en-US

10. Protest Deadline

Any protest by a Bidder must be timely, in conformance with, and will be governed by Sections 13-1-172 through 13-1-176 NMSA 1978. The fifteen (15) day protest period for timely Bidders shall begin on the day following contract award and will end at 5:00 PM MDT on the date indicated in Section II.A

(Sequence of Events), above. Any and all protests shall be made in accordance with the State Protest Policy 13-1-172 through 13-1-176 NMSA. 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

Purchasing Agent. The protest must be delivered to the Purchasing Agent.

City of Rio Communities Purchasing

Attn. Angela R. Valadez, City Purchasing Agent

360 Rio Communities Blvd.

Rio Communities, NM 87002

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

C. GENERAL REQUIREMENTS

This procurement will be conducted in accordance with the New Mexico Procurement

Code (13-1-28 NMSA 1978) and City of Rio Communities Procurement Policy #2023-

20.

1. Acceptance of Conditions Governing the Procurement

Bidders must indicate their acceptance of the Conditions Governing the

Procurement in the letter of transmittal form (see Appendix C). Submission of a bid constitutes acceptance of the Terms and Conditions contained herein.

2. 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.

3. 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. The City will only make contract payments to the prime contractor.

4. Subcontractors

Not applicable

5. Amended Bids

A 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 personnel will not merge, collate, or assemble bid materials.

6. Bidders’ Rights to Withdraw Bid

Bidders will be allowed to withdraw their bids 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 Procurement

Manager. The approval or denial of withdrawal requests received after the deadline for receipt of the bids is governed by the applicable procurement regulations. 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 City.

7. Bid Offer Firm

Responses to this ITB, including bid prices, will be considered firm for ninety

(90) days after the due date for receipt of bids. With the submission of the bid, bidders agree to the contract contained in this ITB.

8. No Obligation

This procurement in no manner obligates City of Rio Communities or any of its departments or other subdivisions to the eventual lease, purchase, etc., of any tangible personal property offered or services proposed until a valid written contract is approved by the Purchasing Agent and other required approval authorities and one or more valid Purchase Orders are issued.

9. 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 determines such action to be in the best interest of the City.

10. 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 affected by sending written notice to the contractor. The City's decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

11. Legal Review

The City requires that all bidders agree to be bound by the General Requirements contained in this ITB. Any bidder’s concerns must be promptly brought to the attention of the Procurement Manager.

12. Governing Law

This procurement and any agreement with bidders that may result shall be governed by the laws of the State of New Mexico.

13. Basis for Bid

Only information supplied by the City in writing through the Procurement

Manager or in this ITB should be used as the basis for the preparation of bids.

14. Contract Terms and Conditions

The contract between the City the contractor will follow the format specified by the City and contain the terms and conditions set forth in Appendix I, Purchase

Agreement.

15. Bidder Qualifications

The City may make such investigations as necessary to determine the ability of the Bidder to adhere to the requirements specified within this ITB. The City will reject the bid of any Bidder who is not a responsible Bidder or fails to submit a responsive bid as defined in Sections 13-1-82 and 13-1-84 NMSA 1978.

Bidders must, upon request of the City, provide information and data to prove that the financial resources, production or service facilities, service reputation and experience are adequate to make satisfactory delivery of the materials and/or services. The City 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.

16. Right to Waive Minor Irregularities

The City reserves the right to waive minor irregularities. The City also reserves the right to waive mandatory requirement(s) provided that all of the otherwise responsive bids failed to meet the same mandatory requirement(s) or doing so does not otherwise materially affect the procurement.

17. Change in Contractor Representatives

The City reserves the right to require a change in Contractor representatives if the assigned representatives are not, in the opinion of the City, meeting its needs adequately.

18. Notice

The Procurement Code, Sections 13-1-28 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 kickbacks.

19. City Rights

The City reserves the right to accept all or a portion of a Bidder’s bid and to award to the Bidder whose bid is deemed to be in the best interest of the City. In the alternative, the City Reserves the right to deny any and all bids if necessary.

20. Ownership of Bids

All documents submitted in response to the ITB shall become the property of the

City. However, any technical or user documentation submitted with the bids of non-selected Bidders may be returned after the expiration of the protest period, by request, at the expense of the Bidder.

21. Ambiguity, Inconsistency or Errors in ITB

Bidders shall promptly notify the Procurement Manager, in writing, of any ambiguity, inconsistency or error which they discover upon examination of the

ITB.

22. Competition

By submitting a bid, 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.

23. Use by Other Government Entities

Not applicable.

24. 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 Rio Communities.

25. Delivery & Failure to Meet Order Provisions

a. No Delivery before Purchase Order is Issued: No Bidder, including a

Bidder to whom an award is made, shall deliver any item of tangible personal property, commence services or start construction prior to the issuance of a Purchase Order or Notice to Proceed issued by the City of

Rio Communities Purchasing Department.

b. Failure to Meet Order Provisions: The City reserves the right to cancel all or any part of an order without cost to the City, if the Contractor fails to meet the provisions of that order and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the City due to the Contractor's default.

26. Discounts

The Bid Form provides a space for the Bidder to identify prompt payment terms the Bidder is offering, if any. Prompt payment discounts will not be considered in computing the low bid. Discounts for payment within twenty (20) days will be considered after the award of the Contract. Discounted time will be computed from the date of receipt of the merchandise, invoice or billing for services, whichever is later.

27. City Furnished Property

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

28. Packing, Shipping, & Invoicing

a. The City’s Purchasing Order number and the Contractor'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 Contractor as final and conclusive on all shipments not accompanied by a packing ticket.

b. The Contractor's invoice shall be submitted 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 City of Rio Communities Accounts

Payable Office and NOT to the using agency.

29. Electronic mail address required

A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail). Bidder must have a valid e-mail address to receive this correspondence.

30. 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 ensure 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, the version maintained by the City shall govern.

31. Award Rights

The City reserves the right to award this Invitation to Bid to the lowest overall cost (including option items) on an all or none basis.

32. Deliver

All deliveries must be F.O.B. Destination – Freight Pre-Paid, unless otherwise indicated by the Procurement Officer.

33. Addenda

Changes or amendments to specifications, conditions or provisions herein may be initiated ONLY through the Purchasing Department in the form of a written addendum. Any addenda shall become a part of this bid.

It is the responsibility of all persons or businesses considering submitting a bid in response to this solicitation to ensure that they have received all addenda prior to making a bid. Addenda will be posted to the City’s Procurement website at www.bidnetdirect.com//cityofriocommunities prior to the due date for the receipt of bids.

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

Bidder’s may submit only one (1) response to this ITB.

B. NUMBER OF COPIES

Bidders shall deliver one (1) signed and sealed bid to the location specified in Section

I.D. on or before the closing date and time for receipt of bids. Or, the bidder may submit an electronic bid at www.bidnetdirect.com//cityofriocommunities.

C. BID CONTENTS

All bids MUST contain the following four (4) items (failure to do so may result in your bid being deemed non-responsive):

1. COMPLETED AND SIGNED Bid Form (Appendix B)

2. COMPLETED AND SIGNED Letter of Transmittal Form (Appendix C)

3. COMPLETED AND SIGNED Campaign Disclosure Form (Appendix D)

4. COPY OF Contractors License

Bids MAY contain the following OPTIONAL items:

5. Resident Business Preference State of New Mexico Certificate (See Section I.F.1.)

6. Resident Veterans Preference State of New Mexico Certificate (See Section I.F.2.)

7. Native American Resident Business Preference State of New Mexico (See section

I.F.3)

Failure of Bidder to complete & submit required bidding documents, in accordance with all instruction provided, is cause for rejection of their bid (A Bid Submittal Checklist is provided at Appendix F to assist Bidders in insuring they are submitting a complete and proper bid).

D. BID FORMAT

1. To preclude any possible errors or misrepresentations, 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 comply will be just cause for rejection of the bid.

2. The unit price(s) shall exclude all state and local taxes.

E. BID SUBMITTAL REQUIREMENTS

BID must be submitted electronically at:

www.bidnetdirect.com//cityofriocommunities.

IV. SPECIFICATIONS AND REQUIREMENTS

This section details the minimum requirements and specifications for products or services sought by the City. It also provides information on the City’s use and intent in providing the specifications, as well as instructions for potential Bidders that may not feel the specifications are fair, achievable or are otherwise unacceptable.

A. INFORMATION

1. Restrictive Specifications

Specifications stated in this request are not intended to exclude any Bidder. If any

Bidder is of the opinion that the specifications as written preclude them from submitting a proposal on this bid, it is requested that their opinion be made known to the Chief Procurement Officer, in writing, at least seven (7) days prior to the bid opening date.

2. Use of Brand Names and Numbers

Brand names and numbers are for reference only; equivalents will be considered.

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 limit or restrict competition. "No substitute" specifications may be authorized ONLY if required to match existing equipment.

3. Equivalent Items Bid

If the Bidder offers an item other than the one specified, which the Bidder considers comparable, the manufacturer’s name and model number of that item must be specified in the bid and sufficient performance specifications and descriptive data provided to permit a thorough evaluation. Failure to provide the appropriate information may result in disqualification of the bid.

4. Special Conditions

Attention is particularly called to those parts of the Contract Documents and

Specifications which deal with the following:

a. Specifications & requirements;

b. Inspections & testing;

c. Insurance requirements; and

5. Response to Requirements

Each mandatory requirement in Sections IV.D.1 through IV.D.5, below, requires 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.

B. DESIGN SPECIFICATIONS

See Appendix A for design specifications.

C. MANDATORY REQUIREMENTS

1. Letter of Transmittal Form

Bidder must complete and submit the “Letter of Transmittal Form”, found at

Appendix C, with their bid. The form must be signed and dated by an individual authorized to contractually bind the firm.

2. Bid Form

Bidder must complete and submit the “Bid Form”, found at Appendix B, with their bid. The form must be signed and dated by an individual authorized to contractually bind the firm.

3. Campaign Contribution Disclosure Form

Offeror must complete and sign the Appendix D, Campaign Contribution

Disclosure Form – whether any applicable contribution has been made or not.

Note that there are two (2) different signature sections within the form. (For purposes of this requirement, the applicable elected public officials within the

City of Rio Communities are; Mayor Joshua Ramsell, Mayor Pro-Tem

Margaret “Peggy” Gutjahr; Councilors Arthur Apodaca, Lawrence R.Gordon and Jim Winters; Municipal Judge Noelle Holly Chavez.

4. Contractors License

Bidder must submit a copy of their Contractor’s License with the bid.

D. OTHER REQUIREMENTS

Bidder shall be required to submit any and all proposed/alternative bid terms and conditions with their bid submittal.

V. BID OPENING, PROCESSING AND AWARD

This section describes how bids received are handled and assessed. It also describes how the award process works as well as the role of the Contract provided in Appendix I and the role of Purchase Orders that may follow Contract award.

A. BID RECEIPT

Bids shall be accepted unconditionally per NMSA 1978, Section 13-1-105 (2005). Only those bids received before the deadline for the receipt of bids will be considered. Bids received after the deadline (“late bids”) will be retained in the procurement file, unopened, and shall not be considered for award.

B. BID OPENING

Bids will be opened and read in public in accordance with Section 13-1-107 of the New

Mexico Procurement Code. See Section II.B.7, above, for specific information.

C. EVALUATION PROCESS

1. Compliance Review

After the required public opening and reading, all timely received bids will be reviewed for compliance with the requirements and specifications stated within the ITB. Bids deemed non-responsive to any mandatory requirement or specification may be disqualified.

2. Clarifications

The Chief Procurement Officer may contact the Bidder for clarification of the response as specified in Section II.B.8.

3. Other Information Sources

The City may use other sources of information to confirm the validity of bids submitted and the ability of the Bidder to perform as specified in Section II.C.15.

4. Bid Tabulation

The bid price(s) on the Bid Form from timely received and responsive bids will be tabulated (price compared) to identify the lowest price(s) bid. Each tier will be evaluated separately. If applicable, the price(s) bid will be adjusted (for comparison and award purposes only) for those Bidders that have submitted a valid Preference Certificate with their bid.

5. Discrepancies in Price(s)

In case of an error in the Lump Sum Base Price, the written price shall govern.

6. Determination of Lowest Responsive Bid

After completion of the bid tabulation, the Procurement Manager will examine the results to determine which Bidder offers the lowest responsive bid to the City in accordance with the specifications and terms and conditions set forth in the

Invitation for Bids.

7. Public Notification of Bid Tabulations and Contract Awards

Bid tabulations and awarded Contracts will be posted to Bidnet Direct within approximately two (2) weeks after the bid opening date. To access go to www.bidnetdirect.com//cityofriocommunities.

D. AWARD AND ORDER PROCESS

1. Contract Award

a. Contracts awarded as a result of this solicitation shall be awarded to the responsible Bidder whose Base Bid and any accepted bid option represents the best value and is in the City’s best interest.

b. Upon selection for possible Contract award, the City will add the

Contractor’s name and signatory information to the signed

Contract (Appendix G) submitted by the Bidder and it will be submitted to the Governing Body with a recommendation for award. * Once approved and signed by the Governing Body the

Contract is officially awarded.

*Bidders may place their company name and signatory information in the highlighted areas of the signed Contract they submit, if desired.

2. Order(s)

A successful Bidder SHOULD NOT begin to deliver products or begin performance based solely on Contract award as detailed above. A successful Bidder may only deliver products or begin performance

AFTER the receipt of an approved Purchase Order issued by the City of

Rio Communities Purchasing Department. Failure to comply is AT THE

CONTRACTOR’S RISK and the City shall not be liable to pay for any products delivered or services performed prior to the issuance of an approved Purchase Order.

APPENDIX A

STANDARD SPECIFICATIONS

FOR

DHSEM PROJECTS

The "New Mexico Department of Transportation 2019 Standard Specifications for Highway and Bridge Construction” is incorporated by reference, the same as if fully rewritten herein, in the contract, proposal, bond, and other contract documents for work to be performed under this contract for the CITY OF RIO COMMUNITIES. Said "New Mexico

Department of Transportation Standard Specifications for Highway and Bridge

Construction," Current Edition, are for the purpose of the contract, proposal, bond, and other contract documents, supplemented, modified, and amended as follows, and as may be hereinbefore and hereinafter provided.

Whenever, in the Supplemental General Provisions, Special Conditions and Technical

Specifications the word "Section" is followed by a number and a caption (such as "Section

102.4 - Rejection of Proposals") reference is made to that specific section of the "New

Mexico Department of Transportation Standard Specifications for Highway and Bridge

Construction," Current Edition. The Supplemental General Provisions, Special Conditions, Supplemental Technical Specifications, Special Provisions and Supplemental Specifications shall govern over the Standard Specifications and are hereby made a part of the Contract

Documents.

SPECIAL PROVISIONS TO BE USED

TABLE OF CONTENTS

Section Description

TRAFFIC CONTROL

SECTION 1

TRAFFIC CONTROL

1. SCOPE

The work shall consist of establishing traffic control and maintaining safe, convenient use of public roads and rights-of-way. A traffic control plan signed and sealed by a professional engineer registered in the State of New Mexico shall be approved by the City Manager before any work commences.

2. TRAFFIC AND ACCESS

The contractor's operations shall cause no unnecessary inconvenience to the public. The public rights-of-way shall be maintained at all times unless interruption is authorized by the proper local authority.

Contractor's authorized closing or detour plans shall be provided to the engineer for…