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

INVITATION TO BID (ITB)

GAS BURNER EQUIPMENT

ITB#: FY26-ITB-043

Table Of Contents

1. TERMS AND CONDITIONS

2. IMPORTANT BIDDING INFORMATION

3. STATEMENT OF WORK

4. SPECIFICATIONS

5. PRICE SCHEDULE

6. VENDOR QUESTIONNAIRE

Attachments:

A - Gas Burner Spec

1. TERMS AND CONDITIONS

A. 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 the manufacturing process, and then only to the extent, if any, specified in this order.

B. 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.

C. Discounts: Prompt payment discounts are welcome; however, they will not be considered in computing the low bid.

D. Inspection: Final inspection and acceptance will be made at the destination. Tangible Personal Property

(goods) rejected at the destination for nonconformance with specifications shall be removed at the

Contractor's risk and expense, promptly after notice of rejection.

E. Commercial Warranty: The Contractor agrees that the supplies or services furnished under the resultant contract shall be covered by the most favorable commercial warranties offered by the

Contractor. The rights and remedies provided herein shall extend to the City and are in addition to and do not limit any rights afforded to the City by any other clause of this order. Contractor agrees not to disclaim warranties of fitness for a particular purpose of merchantability.

F. Taxes: Price shall not include New Mexico State Business Tax Identification Number (NMBTIN)

(formerly known as gross receipts tax) or local option tax. Such tax or taxes shall be added at time of invoicing at current rate and shown as a separate item to be paid by the Requesting Department.

G. Packing, Shipping, and Invoicing: The Contractor shall ship in accordance with the following instructions: Shipment shall be made only against specific orders which the Requesting Department may place with the Contractor during the term. Delivery shall be made as indicated by the Requesting

Department. If contractor is unable to meet stated delivery the Requesting Department must be notified.

Freight/shipping costs shall be prepaid by the vendor, added at time of invoicing, and shown as a separate line item to be paid by user. Using agency shall only pay exact courier costs, without a markup.

1. The City’s Purchase Order/Contract number and the Contractor's name, Requesting Department'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 Requesting Department’s count will be accepted by the Contractor as final and conclusive on all shipments not accompanied by packing tickets.

2. The Contractor'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 complete shipment.

3. Invoices must be submitted to the Requesting Department and NOT to CPD.

H. Non-Collusion: In signing this ITB and/or submitting electronically, the Contractor certifies they have not, either directly or indirectly, entered into action in restraint of free competitive bidding in connection with the bid submitted to CPD.

I. Default: The City reserves the right to cancel all or any part of this order without cost to the City, if the

Contractor fails to meet the provisions of this 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. The

Contractor 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 Contractor, such causes include but are not restricted to, acts of God or the public enemy, acts of the City, State, or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the City shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights of the City 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.

J. Nondiscrimination: Contractor doing business with the City must follow 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).

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

L. Payment Provisions: All payments under this Contract are subject to the following provisions.

1. Acceptance - In accordance with Section NMSA 1978, Section 13-1-158, the City shall determine if the product or services provided meet specifications. Until the products or services have been accepted in writing by the City, the City shall not pay for any products or services. Unless otherwise agreed upon between the City and the Contractor, within thirty (30) days from the date the City receives written notice from the Contractor that payment is requested for services or within thirty

(30) days from the receipt of products, the City shall issue a written certification (by letter or email) of complete or partial acceptance or rejection of the products or services. Unless the City gives notice of rejection within the specified time period, the products or services will be deemed to have been accepted.

2. Payment of Invoice - Upon acceptance that the products or services have been received and accepted, payment shall be tendered to the Contractor within thirty (30) days after the date of invoice. After the thirtieth day from the date that written certification of acceptance is issued, late payment charges shall be paid on the unpaid balance due on the contract to the Contractor at the rate of 1.5 % per month. Contractor may submit invoices for payment no more frequently than monthly.

Payment will be made to the Contractor's designated mailing address. Payment on each invoice shall be due within 30 days from the date of the acceptance of the invoice. The City agrees to pay in full the balance shown on each account’s statement, by the due date shown on said statement.

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

N. Workers' Compensation: The Contractor agrees to comply with State laws and rules pertaining to

Workers' Compensation benefits for their employees. If the Contractor fails to comply with Workers'

Compensation Act and applicable rules when required to do so, this Contract may be terminated by the

City.

O. Contractor Personnel: Personnel proposed in the Contractor’s written bid to the Requesting

Department are considered material to any work performed under this Contract. Once a Purchase Order or contract has been executed, no changes of personnel will be made by the Contractor without prior written consent of the Requesting Department. Replacement of any Contractor personnel, if approved, shall be with personnel of equal ability, experience, and qualifications. The Contractor 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 Requesting Department shall retain the right to request the removal of any of the Contractor’s personnel at any time.

P. Records and Audit: The Contractor shall maintain detailed time and expenditure records that indicate the date, time, nature, and cost of services rendered during this Contract’s term and effect and retain them for a period of three (3) years from the date of final payment under this Contract. The records shall be subject to inspection by the Requesting Department and the City. The Requesting Department shall have the right to audit billings, both before and after payment. Payment for services under this Contract shall not foreclose the right of the Requesting Department to recover excessive or illegal payments.

Q. Subcontracts: The foregoing requirements for Contractor Personnel, Subcontracting, and Audit shall be inserted into all subcontracts from the prime contractor to the subcontractor.

2. IMPORTANT BIDDING INFORMATION

2.1. ITB Access and Bid Submission

Solicitation packets are available in the OpenGov Procurement Portal at https://procurement.opengov.com/portal/santafenm.

(On the Project page, use the “Search” bar to find the ITB. Anyone may view the ITB without logging in, however, you must be a registered vendor and logged in, to “Create Bid.”)

It is the Bidder's responsibility to ensure all documents are completely uploaded and submitted electronically via the OpenGov Procurement Portal by the Bid due date and time. Such submissions will be considered sealed. Bidders must ensure their bids are correct, accurate, and correspond with any amendments before submission. Complete and submit all required documents, including specifications, supporting materials, certificates, pricing, etc., through OpenGov as per instructions to form a complete, responsive bid (NMSA

1978, Sections 13-1-82 through 13-1-84 and 13-1-133).

Email: procurement-support@opengov.com if you’re having difficulty on the website.

• Procurement amendments are processed through OpenGov. If amendments (addenda) are processed, o before bids are submitted, ensure bids reflect the amendments;

o after bids are submitted, bidders must update the bid by clicking “modify” and updating the associated area(s)* to ensure bid reflects the amendment.

▪ *Bidders must replace the previously submitted documents if the amendment affects uploaded documents.

• Bidders must ensure adequate time is allowed for large uploads and to fully complete bid submittal by the deadline. Bids that are not both: (1) fully complete; and (2) received, by the deadline, will be deemed late. Further, bids that are not received 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.

LATE BIDS WILL NOT BE ACCEPTED. OpenGov will not allow late submissions. The OpenGov system will be the official time for responses to be submitted.

Individuals that require accommodation may contact the CPO or designee at least five (5) working days prior to the scheduled Bid Opening.

Kathy Sanchez, Procurement Officer City of Santa Fe kssanchez@santafenm.gov

Any inquiries or requests regarding this procurement should be submitted, in writing, to the OpenGov

Procurement Portal: https://procurement.opengov.com/portal/santafenm/projects/221346

Bidders may contact ONLY the Department Contact and the CPD regarding this procurement and its terminology via the OpenGov Procurement Portal. Answers and information provided by any other city employees shall not be considered official.

Protests must be submitted in writing to the City of Santa Fe's CPO, who is the sole authority for protest review and determination per NMSA 1978, Section 13-1-172 and the Procurement Manual Section Y.

Only timely, written protests delivered directly to the CPO will be considered properly submitted.

https://procurement.opengov.com/portal/santafenm https://procurement.opengov.com/portal/santafenm/projects/221346 https://procurement.opengov.com/portal/santafenm/projects/221346

Bidders shall promptly notify CPD – purchasing_ITB@santafenm.gov of any ambiguity, inconsistency, or error which they may discover upon examination of this ITB. Any response made by the City will be provided in writing to all potential bidders by way of addenda or Questions and Answers, verbal responses shall not be considered official.

2.2. Resident and Local Preference

Local Business Preference – City of Santa Fe

The City will apply the following preferences during the ITB evaluation:

• 3% preference: Bidder is a resident business (with a valid certificate and located within Santa Fe city limits)

• 6% preference: Bidder is a resident business and includes resident business subcontractors

• 3% preference: Bidder is a non-resident business that uses only resident business subcontractors

For bids over $1,000,000, at least 50% of subcontracted work must go to resident businesses in order to qualify for the 3% or 6% preference.

To qualify for any local preference:

• Bidder must submit a valid Resident Business Certificate issued by the New Mexico Taxation &

Revenue Department

• The certificate must show a business address within Santa Fe city limits

• Subcontractor relationships must be clearly described in the bid

The maximum local preference allowed is 6%

2.3. Vendor Self Service (VSS)

Awarded Vendor(s) will be required to register and maintain their profile at a https://cityofsantafenmvendors.munisselfservice.com/Vendors/VBids/SearchResults.aspx.

2.4. Bid Opening

Bid opening will be conducted via Microsoft Teams as follows:

Date: Tuesday, January 20, 2026

Time: 2:00 pm Mountain S/D Time (US and Canada)

Web Address: Link to Microsoft Teams Bid Opening

2.5. Rejection of Bids

The CPO or designee shall have the right to reject any or all bids, and to reject a bid not accompanied by the data required by this ITB, or a bid which is in any way incomplete or irregular.

mailto:purchasing_ITB@santafenm.gov https://urldefense.com/v3/__https:/cityofsantafenmvendors.munisselfservice.com/Vendors/VBids/SearchResults.aspx__;!!Pkk-N3SL!JLg-TECXUReUPEDkldbkaV3FujvUdhnf6wnkUncWtBUefrHzZlipLbkZ4m1SeL_OKo4zfySD8b9VFIMDcmAsfdb1aycCUQ$ https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWFjZmRiZDYtYzlkOC00ZDA4LWJkMzMtY2Y5MmFlNWY5ZGIw%40thread.v2/0?context=%7b%22Tid%22%3a%2277b69f5a-55ed-4363-8616-4867b0bc707f%22%2c%22Oid%22%3a%221a05b75d-789e-4d46-849e-c34d09c04400%22%7d

2.6. Brand Name or Equal, NMSA 1978, Section 13-1-34

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.

If bidding “equivalent” bidders must be prepared to furnish “complete data” upon request, preferably with bid, to avoid delay in award.

2.7. Brand Name Specifications, NMSA 1978, Section 13-1-33

May be authorized ONLY if required to match existing equipment and is determined by the CPO, to be in the best interest of the City.

2.8. Prohibit Bidding

If any Bidder is of the opinion that the specifications as written preclude them from submitting a bid on this

ITB, it is requested that his opinion be made known to the CPO or designee, in writing, at least seven (7) days prior to the bid opening date.

2.9. Responsible Bidder

Bidders must, upon request of the CPO or designee, provide information and data 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. During the course of the contract, the CPO, designee, and Department

Contact 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 ensure and insure proper performance by the Bidder.

2.10. Bid Tabulations

Bid tabs will be posted to the OpenGov Procurement Portal after the Bid Opening Date.

To avoid errors or misunderstandings, attached bids must have prices legibly written in ink or typed. Any corrections or changes must be signed or initialed by the Bidder before the scheduled Bid Opening date and time. Failure to do so may result in rejection of the bid. Bid prices entered directly into PRICE SCHEDULE on the items page must be accurate.

Bids may be modified directly in OpenGov before the scheduled bid opening to make corrections or changes.

Modifications must occur before the scheduled bid opening for consideration; no bid modifications allowed post-opening. Bidders reporting mistakes may withdraw bids prior to the submission due date.

2.11. Awards

Lowest bidder determined by evaluating cost per specifications and terms. The City reserves right to award entire bid, groups, individual items, or combinations for best interest of the city.

CPO may waive irregularities and recommend award serving City's best interest.

https://procurement.opengov.com/portal/santafenm/projects/221346/document?section=2081819

2.12. FOB: Destination

Requires delivery to the department location before ownership transfers. Any exception may deem bid non-responsive.

2.13. Living Wage

Compliance with the City of Santa Fe and Santa Fe County’s Minimum Wage Rate Ordinances (Living Wage

Ordinances). The vendor must comply with the current living wage rate and requirements posted on this page https://santafenm.gov/economic-development/business-resources/living-wage-information.

3. STATEMENT OF WORK

3.1. Schedule of Events

Issue ITB: December 26, 2025

Pre-Bid Meeting (Non-Mandatory): January 14, 2026, 2:00pm

Virtually:

https://teams.microsoft.com/meet/22818326

287738?p=FX3fAuQBfSGuQXr2qj

Bids Due Date: January 20, 2026, 2:00pm

3.2. Orders

Under the terms and conditions of this ITB and subsequent contract, the City may issue orders for items described herein. The terms and conditions shall form a part of each order issued hereunder.

The items to be ordered shall be as listed in the Price Schedule. All orders issued hereunder will bear both an order number and the Purchase Order Number.

Only written signed Purchase Orders are valid.

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

3.3. Term

The term of the subsequent contract shall be awarded for one (1) year from the date of final approval signature. This Contract shall not exceed two (2) years.

3.4. Price Adjustments

The awarded vendor shall maintain fixed pricing for each year of this contract. Pricing may be adjusted no more than once annually through a mutually agreed upon amendment to the contract. The vendor must submit all pricing increase requests in writing to the City of Santa Fe, directly to the designated department contact, providing substantiating evidence that the request is based on demonstrable market changes impacting the cost of products. The request must itemize all proposed increases by line item and include supporting documentation https://santafenm.gov/economic-development/business-resources/living-wage-information https://teams.microsoft.com/meet/22818326287738?p=FX3fAuQBfSGuQXr2qj https://teams.microsoft.com/meet/22818326287738?p=FX3fAuQBfSGuQXr2qj deemed acceptable by the City of Santa Fe (such as a letter from a manufacturer indicating price increases, etc.).

The City's decision on acceptable documentation in this context shall be final and binding upon all parties to the contract. Requested price increases exceeding 10% will not be accepted, subject to industry standards. No price increase shall result in a higher profit margin. Pricing changes will apply to amendments entered on or after the effective date of the price change. If the vendor's prices are reduced for any reason, the City shall receive the benefit of such reductions immediately. Price increases will not be retroactive to orders already in house or backorders. Orders will be filled at the price in effect on the date of receipt of the order by the vendor.

To facilitate prompt consideration, all requests for price increases must include the following information:

Contract Item Number Current Item Price Proposed New Price Percentage of Increase Mill/Supplier Notification of price increase indicating percentage of increase and including the reason for the increase.

3.5. Insurance Requirements

The Awarded Contractor shall procure and maintain at the Awarded Vendor’s own expense, insurance of the kinds and in amounts herein required. This insurance shall be provided by insurance companies authorized to do business in the State of New Mexico and shall cover all operations under the Contract, whether performed by the Awarded Vendor, the Awarded Vendor's agents, or employees, or by subcontractors. All insurance provided shall remain in full force and effect for the entire period of the work, up to and including final acceptance, and the removal of all equipment, employees, agents, and subcontractors therefrom.

3.6. Conditions

The conditions and specifications set out in this ITB are inseparable and indivisible. Any Bidder, by submitting a bid, agrees to be bound by all such conditions and/or specifications. All conditions and specifications in the

ITB, and all other documents required to be submitted, shall be submitted by the Bidder in their bid package.

Failure to do so or any attempt to vary or change the conditions or specifications of the ITB shall, at the discretion of the City of Santa Fe, constitute grounds for rejection of the entire bid.

3.7. Total Compensation

The prices quoted herein represent the total compensation to be paid by the City of Santa Fe for goods and/or services provided. It is understood that the Bidder providing said goods and/or services to the City of Santa Fe is responsible for payment of all costs of labor, equipment, tools, materials, federal taxes, permits, licenses, fees, travel/lodging and any other items necessary to complete the work provided. The prices quoted in this Contract include an amount sufficient to cover such costs. When bidding, enter the amounts for the respective bid item unit prices to a maximum of three (3) decimal places.

The Awarded Contractor shall be considered an independent entity and not an employee of the City of Santa Fe.

The Department shall provide directions regarding the time and place of performance and compliance with rules and regulations required by this Contract.

All interested Bidders, at a minimum, must be able to provide the products and/or services identified within the scope of work of this ITB.

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

4. SPECIFICATIONS

4.1. GAS BURNER REPLACEMENT

1. The contractor shall purchase all equipment and install a Waste Gas Burner to replace the existing waste gas burner for the waste gas produced by the anaerobic sludge digestor. Specifications for the waste gas burner equipment and installation is attached as Attachment A: Specification Section 46

73 35 – Digester Gas Equipment.

5. PRICE SCHEDULE

ITEMS

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 The Contractor shall provide all labor, materials, equipment, and supervision required to replace the existing Waste

Gas Burner (WGB) for the Anaerobic

Digester. The work includes the complete removal of the legacy unit and the turnkey installation, startup, and training for a new high-efficiency system.

1 LS

TOTAL

6. VENDOR QUESTIONNAIRE

1. Financial Interest*

All Bidders must notify the CPO or designee if any employee(s) of the requesting Department or CPD have a financial interest in the Bidder.

☐ Yes

☐ No

*Response required

When equals "Yes"

1.1. Specify by name*

*Response required

2. NM Gross Receipts Tax # (NMBTIN)*

*Response required

3. Payment Terms* typically, Net 30 and Net 21 for construction. Discount provided if paid earlier than 30 days:

(Discount will not be considered in computing the low bid, see “Terms and Conditions”)

*Response required

4. Contractor's Delivery*

How long will it take to order, receive and complete the installation? (May be considered in the award)

*Response required