HVAC_Preventative_Maintenance.pdf

INVITATION TO BID

2025-ITB-013

HVAC PREVENTATIVE MAINTENANCE

City of Gallup

110 W Aztec Ave.

Gallup, NM 87305

RELEASE DATE: November 1, 2024

DEADLINE FOR QUESTIONS: November 13, 2024

RESPONSE DEADLINE: November 21, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/gallupnm

City of Gallup

INVITATION TO BID

HVAC Preventative Maintenance

I. INTRODUCTION

II. ADVERTISEMENT FOR BIDS

III. GENERAL CONDITIONS

IV. SUPPLEMENTAL TERMS AND CONDITIONS

V. ESCALATION CLAUSE

VI. ADDITIONAL TERMS AND CONDITIONS

VII. SPECIAL TERMS AND CONDITIONS

VIII. SCOPE OF WORK

IX. PRICING PROPOSAL

X. VENDOR QUESTIONNAIRE

Attachments:

A - [A] Gallup_Sample_Contract

Invitation To Bid #2025-ITB-013 Title: HVAC Preventative Maintenance

1. INTRODUCTION

1.1. Summary

The City of Gallup, NM is seeking a qualified contractor to provide HVAC preventative maintenance services and inspection program for various city properties, to include approximately 80 facilities. The purpose of this contract is to provide preventative maintenance on all City of Gallup HVAC equipment. In addition, the intent of this solicitation will be for the repairs and replacement of HVAC equipment deemed necessary through the preventative maintenance services by contractor AND with the approval of City of Gallup Facilities Manager.

More specifically, the intention of this solicitation is to establish a preventive maintenance and inspection program along with an as-required unscheduled on-call service repair agreement on the heating and cooling systems (HVAC) and repairs in the Municipal Building (City Hall), Cultural Center

(Train Station), Octavia Fellin Library, Children’s Library, Fire Stations #1-#6, Gallup Joint Utilities

Building, Police/Municipal Court Building, Cecil Garcia Fitness Center, El Morro Theatre, Neighborhood

Center, Veterans Center (fka Southside Senior Center), Red Rock Park, Boys and Girls Club among other buildings per facility listing Attachment A. List of locations are subject to change however additions and/or deletions shall only be made by Purchasing Director or Facilities Manager. NO OTHER

DEPARTMENT personnel shall authorize changes.

1.2. Background

The City of Gallup is a city in northwest New Mexico, near the four corners region. Gallup is situated approximately midway between Albuquerque, NM and Flagstaff, AZ and is bisected by Historic U.S.

Highway 66. The city encompasses approximately 19 square miles with a population of 24,025 (2020 population report, U.S. Census). Gallup serves as the trading center for more than six times that number, approximately 120,000.

1.3. Contact Information

Frances Rodriguez

Purchasing Director

P.O. Box 1270

110 W. Aztec Avenue

Gallup, NM 87305

Email: frodriguez@gallupnm.gov

Phone: (505) 863-1334

Department:

Facilities Management

Department Head:

Marc Lujan

Facilities/Fleet/Safety Manager mailto:frodriguez@gallupnm.gov tel:(505)863-1334

1.4. Timeline

Release Project Date November 1, 2024

Question Submission Deadline November 13, 2024, 5:00pm

Question Response Deadline November 15, 2024, 5:00pm

Proposal Submission Deadline November 21, 2024, 2:00pm

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Meeting ID: 865 7593 1658

Passcode: 978384

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Contractor Selection Date: Approximately 2 weeks after Council Approval https://us06web.zoom.us/j/86575931658?pwd=THgjI22N9pwF2Xay4hEZBb4w9qhzeU.1 https://us06web.zoom.us/j/86575931658?pwd=THgjI22N9pwF2Xay4hEZBb4w9qhzeU.1 https://us06web.zoom.us/u/kchfSHyE8J

2. ADVERTISEMENT FOR BIDS

CITY OF GALLUP, NEW MEXICO

HVAC Preventative Maintenance

Invitation to Bid No. 2025-ITB-013

2.1. Notice

Public notice is hereby given that the City of Gallup, New Mexico will receive sealed bids for HVAC

Preventative Maintenanceuntil the hour of 2:00 pm., local time, on Thursday, November 21, 2024at the office of the Procurement Manager at City Hall, via the City's eProcurement Portal. Bids will be opened, read and tabulated at that time. No bids will be received or considered if received after the time stated above.

The City of Gallup, NM is seeking a qualified contractor to provide HVAC preventative maintenance services and inspection program for various city properties, to include approximately 80 facilities. The purpose of this contract is to provide preventative maintenance on all City of Gallup HVAC equipment. In addition, the intent of this solicitation will be for the repairs and replacement of HVAC equipment deemed necessary through the preventative maintenance services by contractor AND with the approval of City of Gallup Facilities Manager.

More specifically, the intention of this solicitation is to establish a preventive maintenance and inspection program along with an as-required unscheduled on-call service repair agreement on the heating and cooling systems (HVAC) and repairs in the Municipal Building (City Hall), Cultural Center

(Train Station), Octavia Fellin Library, Children’s Library, Fire Stations #1-#6, Gallup Joint Utilities

Building, Police/Municipal Court Building, Cecil Garcia Fitness Center, El Morro Theatre, Neighborhood

Center, Veterans Center (fka Southside Senior Center), Red Rock Park, Boys and Girls Club among other buildings per facility listing Attachment A. List of locations are subject to change however additions and/or deletions shall only be made by Purchasing Director or Facilities Manager. NO OTHER

DEPARTMENT personnel shall authorize changes.

Specifications and Bidding Documents may be examined at the office of the Purchasing Director located at 110 West Aztec, Gallup, NM 87301, phone number (505) 863-1334. Additional information regarding this bid may also be viewed at https://procurement.opengov.com/portal/gallupnm/projects/127866.

By: Louis Bonaguidi, Mayor https://procurement.opengov.com/portal/gallupnm/projects/127866

Classified Legal Column:

Gallup Sun Publishing Date: Friday-November 1, 2024

3. GENERAL CONDITIONS

Information for Bidders

3.1. SUBMISSION OF BIDS

All bids must be submitted ELECTRONICALLY via OpenGov at https://procurement.opengov.com/portal/gallupnm/projects/127866 prior to 2:00 pm Thursday, November 21, 2024. The system will not accept bids submitted after the due date and time. Bid proposals must be submitted using the bid document forms furnished by the City of Gallup. Bids will be opened electronically in the Purchasing Department via virtual means.

3.2. BID OPENING DATE AND TIME

Bids shall be received until Thursday, November 21, 2024 at2:00 pm. local time. https://procurement.opengov.com/portal/gallupnm/projects/127866. A virtual bid opening will be held for ALL interested parties in include members of the public. Bid Opening information may be retrieved on the OpenGov website at https://procurement.opengov.com/portal/gallupnm/projects/127866.

3.3. SPECIFICATIONS

Specifications, as included in this Bid, are intended to indicate the requirements of the City of Gallup and give an accurate description of minimum standards acceptable. All items equal or equivalent to these requirements and standards will be considered, except where otherwise noted.

3.4. MINOR DEVIATIONS OR IRREGULARITIES

The City reserves the right to accept minor modifications to or deviations from any specification, except where otherwise noted, as long as the proposed material meets the intent of the specifications. The City will be the sole entity to determine the acceptance or non-acceptance of any such modifications or deviations.

3.5. EQUIVALENTS

Equals or equivalents to these specifications will be considered provided Bidder furnishes sufficient proof that their offer meets or exceeds the intent of these specifications, unless the specifications state that no substitutions or equivalents are allowed. Failure to submit sufficient data/literature to allow a thorough evaluation of your bid may be cause for rejection of your bid. Therefore, include copies of all pertinent data, specifications, or descriptive literature. The City will be the sole entity to determine the acceptance or non- acceptance of any modifications or deviations. The acceptance or rejection of equivalents shall be determined solely by the City of Gallup.

3.6. WARRANTY

Offeror agrees that all Manufacturer Warranties shall inure to the benefit of the City and all rights and remedies provided in such warranties shall extend to the City.

https://procurement.opengov.com/portal/gallupnm/projects/127866

3.7. BRAND NAMES

Where a product or brand name is indicated in the specifications, it shall mean "minimum acceptable level” or minimum quality required" by the City unless the specifications state that no substitutions or equivalents are allowed. If the Bidder is offering, as an equal or equivalent, an item other than the one specified then the manufacturer's name and model number of that item must be specified in the offer and sufficient specification and descriptive data and literature provided to permit a thorough evaluation.

Failure to provide appropriate information may result in disqualification of the offer.

Bidders must state the brand name and model being bid and provide proof that the merchandise bid is equal or equivalent to the specifications. Unless the bidder clearly indicates in their bid that they are offering an "equal" product, their bid shall be considered as offering a brand name product referenced in the Bid Schedule.

3.8. NEW EQUIPMENT

All equipment must be new and the latest in production with parts and service readily available.

Equipment or goods classified as prototype or experimental, or a similar classification shall not be acceptable.

3.9. FORMS COMPLETION

Bidders to indicate compliance or exception to specifications. Exceptions to the specifications shall be listed and fully explained on a separate page entitled exceptions to specifications. The exceptions shall refer to the specification page and paragraph number the nature of each exception should be described in as much detail as necessary. Failure to do so may be reason to reject your bid.

3.10. SUBMITTALS

Each Bidder is requested to submit printed literature and specification sheets that fully describe the material they propose to furnish the City when the material offered is different from that specified on the bid. Failure to submit sufficient data/submittals/literature upon request to allow a thorough evaluation of your bid may be cause for rejection of your bid. The acceptance or rejection of equals or equivalents shall be determined solely by the City of Gallup.

3.11. STANDARD OF QUALITY

The similarity to any brand name is for the purpose of describing a standard of quality, performance and characteristics desired and not intended to limit or restrict competition. Bidders must state the brand name and model being bid and provide proof that the merchandise bid is equal or equivalent to the specifications. The City shall be the sole entity to determine acceptance or non-acceptance of equivalents.

3.12. COMPETENCY OF BIDDER

Bids will be considered only from firms which are regularly engaged in providing the type of materials described in the bid and who can provide evidence that they have established a satisfactory record of performance to insure they can execute the requirements as stated herein. Any determination as to competency shall be made by appropriate City staff.

3.13. INSURANCE

The Contractor or their subcontractor shall not commence work under this contract until their subcontractors have obtained the insurance required under this paragraph, and certificates of insurance coverage have been filed with and approved by the Owner. All Certificates of Insurance required herein shall state that ten (10) days written notice will be given to the Owner before the policy is cancelled or changed. Extent of insurance carried and minimum coverage shall be as follows:

Worker's Compensation Insurance: The Contractor shall obtain and keep in force during the life of the contract, Worker's Compensation Insurance covering all their employees engaged in work under this contract; and if any portion of the work is sublet, the subcontractor shall carry similar coverage for all of their employees engaged in the project. Worker's Compensation Insurance shall provide coverage for not less than the following amounts or greater where required by law:

Workers' Compensation: Statutory

Employer's Liability $1,000,000

Comprehensive General Liability Insurance: The Contractor and his/her subcontractor shall obtain and maintain in effect during the life of the contract, Comprehensive General Liability Insurance including premise/operations; explosion, collapse and underground property damage; products/completed operations, broad form contractual independent contractors, broad form property damage and personal injury liabilities:

Bodily Injury $1,000,000 each occurrence

$1,000,000 annual aggregate

Property Damage $1,000,000 each occurrence

$1,000,000 annual aggregate

Personal Injury, with

Employment exclusion deleted $1,000,000 annual aggregate

Comprehensive Automobile Liability Insurance: The Contractor and his/her subcontractors shall obtain and maintain in effect during the life of the contract comprehensive automobile liability insurance including all owned (private and others) hired and non-owned vehicles:

Bodily Injury $1,000,000 each person

$1,000,000 each accident

Property Damage $1,000,000 each occurrence

3.14. DELIVERY

Will be an important part in awarding the Bid. If a vendor breaches his contract by failing to deliver according to the time specified in the bid, the City of Gallup reserves the right to cancel the contract and to recover from the vendor any damages it suffers because of said breach.

3.15. NON-CONFORMING MATERIAL

If the City of Gallup issues a Purchase Order and upon receipt the material does not meet the

Specifications, the City will return the material Freight Collect, and at its option cancel the order and recover from the vendor any damages suffered.

3.16. SUBSTITUTIONS

Any material substituted from that originally bid shall have the prior approval of the City before shipping to the City. If a Purchase Order is issued and upon receipt the material does not meet specifications, the

City will return the material freight collect, and may at its option cancel the order.

3.17. AUTHORIZED DEALER

All Bidders shall be a manufacturers and/or factory authorized dealer who is regularly engaged in the business of providing the type of equipment described in the bid documents

3.18. DELAYED DELIVERY

If the vendor encounters any difficulty that delays or threatens to delay timely performance(including actual or potential labor disputes), the vendor shall immediately give notice thereof in writing to the

Central Purchasing office stating all relevant information with respect thereto. Such notices shall not in any way constitute a basis for an extension of the delivery or performance schedule or be construed as a waiver by the City of any rights or remedies to which it is entitled by law or pursuant to provisions herein. Failure to give such notice, however, may be ground for denial of any request for an extension of the delivery or performance schedule because of such delay.

3.19. BILLING

All goods or services must be billed to the City of Gallup and at prices not exceeding those stated on the

Purchase Order. If prices or terms do not agree with your quotation, notify the Purchasing Department immediately. Billing Information is as follows:

City of Gallup, Attn: Purchasing Dept, P.O. Box 1270, Gallup NM 87305; email: purch@gallupnm.gov

3.20. PAYMENT OR ACCEPTANCE NOT CONCLUSIVE

Vendor will supply the City with invoice for payment. No payment made under this contract shall be conclusive evidence of the performance of this contract, either wholly or in part, and that no payment made for the delivery of the items in whole or in part shall be construed as an acceptance of defective work or improper materials, nor relieve the Bidder from corrections of the defects. The final acceptance shall not be binding upon the City, nor conclusive, should it subsequently develop the Bidder has furnished inferior items or had departed from the specifications and/or the terms of the contract.

Should such conditions become evident, the City shall have the right, notwithstanding final acceptance and payment, to cause the item(s) to be properly furnished in accordance with the specifications (and drawings, if any) at the cost and expense of the Bidder.

3.21. BUSINESS LICENSE

Bidders are advised that they must have or obtain a current City of Gallup Business License for the type of material or services required under this contract before work commences or a purchase order issued.

Application available at the following: https://www.gallupnm.gov/151/Licenses-and-Permits

3.22. F.O.B POINT

All material shall be quoted F.O.B. DESTINATION, Freight Prepaid and Allowed. Bidders are cautioned that quoting material other than F.O.B. Destination may result in a finding of their bids as Non-responsive. City of Gallup Ordinances and State Law do not allow the City to own tangible goods or for services prior to receiving if said good or prior to service being rendered. All price(s) bid shall be Freight

Prepaid, freight included in prices. The City of Gallup will not pay separately stated freight charges.

3.23. PRICE TERMS

Bidder agrees that the prices bid shall remain in effect for 30 days from the date of the Bid Opening and subject to acceptance by the City of Gallup within that period. Acceptance period may be extended with the mutual agreement of the City and the Bidder.

3.24. CANCELLATION

The City reserves the right to cancel any contract resulting from this request for convenience by giving written notice to the vendor. The City shall be liable to the vendor for any services provided or material ordered and accepted prior to termination.

If the vendor fails to fulfill any obligation resulting from this contract in a timely and responsive manner, or it the vendor violates any of the terms of this contract, the City shall have the right to cancel the contract by giving written notice of cancellation to the vendor and recover from the vendor any damages resulting from vendor’s failure to perform.

3.25. TAXES

The Bid total shall exclude all applicable taxes. The City will pay any taxes due on the contract based upon billing submitted by the contractor, at the applicable tax rate. Taxes shall be shown as a separate amount on any billing or request for payment. The City is non-taxable on tangible goods and will issue

Non Taxable Transaction Certificates (NTTC) on request.

https://www.gallupnm.gov/151/Licenses-and-Permits

3.26. PURCHASE ORDER REQUIRED

No services may be provided without a valid City of Gallup Purchase Order.

3.27. CANCELLATION

The City reserves the right to cancel any contract resulting from this request for convenience by giving written notice to the vendor. The City shall be liable to the vendor for any services provided or material ordered and accepted prior to termination.

If the vendor fails to fulfill any obligation resulting from this contract in a timely and responsive manner, or if the vendor violates any of the terms of this contract, the City shall have the right to cancel the contract by giving written notice of cancellation to the vendor and recover from the vendor any damages resulting from the vendor's failure to perform.

3.28. NON-DISCRIMINATION

The City of Gallup does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the employment or the provision of services. Contractors shall be in compliance with all

Federal, State and Local Laws and Ordinances regarding employment practices and the A.D.A

Requirements.

3.29. LOCAL AND NEW MEXICO RESIDENT PREFERENCE

In accordance with City Ordinance, a local preference may be afforded a bidder who qualifies as a City of

Gallup resident business as defined by the City of Gallup Procurement Ordinance. Preference factors can be accessed at: http://sterlingcodifiers.com/codebook/index.php?book_id=635&chapter_id=44330

State of New Mexico statutes shall apply. New Mexico grants a preference to those contractors who have been certified by the State of New Mexico Department of Taxation and Revenue as a Resident

Contractor or a Resident Veteran Contractor at the time bids are opened, pursuant to 13-1-22 & 13-4-2

(NMSA 1978). The New Mexico Resident contractor’s preference or Resident Veteran contractor shall be the only preference that applies. Contractor must submit a copy of their New Mexico Resident

Contractor’s Certificate or New Mexico Resident Veteran Contractors Certificate with their bid in order to be considered for the preference as per 13-1-22 (a) NMSA 1978.

The applicable State of New Mexico Resident contractor’s or Resident Veteran contractor’s preference will be factored into bid prices where applicable. However, the preferences are not cumulative, and bidders will only be entitled to receive one preference.

3.30. UNIT PRICES

Typographical errors, errors in extending unit prices, arithmetic errors or errors clearly evident on the face of the bid document may be corrected in accordance with the Procurement Ordinance and

Procurement Regulations. Discrepancies involving the incorrect extension of unit prices shall be resolved in favor of unit prices as unit prices canon be corrected.

http://sterlingcodifiers.com/codebook/index.php?book_id=635&chapter_id=44330

3.31. APPROPRIATIONS

The terms of this Agreement are contingent upon sufficient monies being made available by the City of

Gallup for the performance of this Agreement. If sufficient appropriations and authorizations are not made by the City of Gallup, this Agreement shall terminate upon written notice being given by the City to the Contractor. The City's decision as to weather sufficient appropriations are available shall be accepted by the Contractor and shall be final.

3.32. NOTICE TO BIDDERS

This is a notice to all New Mexico resident businesses, New Mexico resident veteran businesses and New

Mexico contractors.

A. All resident businesses, resident veteran businesses and contractors must apply for a current certification issued by the Tax and Revenue Department.

B. Certificates issued prior to July 1, 2016 are deemed EXPIRED for purposes of claiming a preference, and therefore all businesses must reapply for certification.

C. Applications for in-state preference will NOT be processed through the State Purchasing

Division. All resident businesses, resident veteran businesses and contractors must obtain a preference number & certificate with the New Mexico Department of Taxation & Revenue.

D. Your preference will only apply if a copy of a Certificate issued on or after July 1, 2016 accompanies your bid or proposal.

E. Certificates must be provided with each and every bid and proposal submission individually, even if the Certificate was previously provided to State Purchasing Division with a prior procurement. Certificates missing from procurement submissions will not benefit from the preference.

F. For additional information and application forms: Call Tax & Revenue Department at: 505-827-

0926, 505-827-0949, 505- 827-0948) or Web link to: https://www.tax.newmexico.gov/businesses/in-state-veteranpreference-certification/

3.33. PROCUREMENT CODE

The City of Gallup Procurement Ordinance and State of New Mexico Procurement Code shall apply.

3.34. AMENDMENTS

If any questions or responses require revision to the solicitation as originally published, such revisions will be by formal amendment only. If the solicitation includes a contact person for technical information, offerors are cautioned that any oral or written representations made by this or any person that appear to change materially any portion of the solicitation shall not be relied upon unless subsequently ratified by a written amendment to this solicitation issued by the Purchasing Office. For a determination as to whether any representation made requires that an amendment be issued, contact the Purchasing

Office.

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

3.35. DEBARMENT

By submitting this bid/proposal, the bidder/proposer warrants and certifies that they are eligible to submit a bid/proposal because they are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in a transaction by any Federal, State or

Local Department or Agency.

3.36. GOVERNING LAW

This Agreement shall be construed in accordance with the laws of the State of New Mexico as they pertain to agreements executed and fully to be performed within New Mexico, or Federal Law where applicable, but in either case excluding that body of Law relating to Choice of Law.

3.37. CONTACT INFORMATION

Questions or clarifications regarding any phase of this solicitation, including specifications, shall submitted through the OpenGov eProcurement Portal Q&A section: eProcurement Portal.

Questions must be submitted before 5:00 pm on Wednesday, November 13, 2024.

3.38. PROTESTS

Any bidder or offeror who is aggrieved in connection with a solicitation or award of a contract may protest to the central purchasing office. The protest must be submitted in writing within seven (7) calendar days after knowledge of the facts or occurrences giving rise thereto. Any protest based on the terms of this Request for Competitive Sealed Proposals will be conclusively deemed waived if an Offeror does not specifically raise and address the protest its proposal submitted to the City’s Procurement

Office. All Offerors will be conclusively deemed to have knowledge of the facts or occurrences giving rise to a protest respecting an award at the time a contract is awarded by the City to an Offeror or

Offerors.

3.39. TOTAL ALL OR NONE

Material and/or services on this Bid will be awarded by a Total All or None basis where indicated. If no responsive all or none offers are received, the City reserves the right to award the Bid in whatever it deems to be in its best interest.

3.40. AWARD OF CONTRACT

The award, if made shall be made to the lowest responsible bidder based on base bid (excluding taxes), submitting a responsive bid that is most advantageous to the public. Except that if sufficient funds are available to fund alternative bids, the Owner may award the contract to the responsible bidder submitting the low combined bid within the funds available (base bid plus or minus alternates). Bidder must submit bids for all items – Base bid plus all alternates or their bid will be found non responsive.

The Owner reserves the right to reject any or all bids. Bids may be rejected for the following, among other reasons:

• Bids containing any irregularities.

• Unbalanced value of any items.

• Reason for believing collusion exists among the bidders.

• The bidder being interested in any litigation against the Owner.

• The bidder being in arrears on or having defaulted on a previous contract; or within the past three years been formally debarred in the State of New Mexico or any other jurisdiction; or whose license has been suspended or revoked by the appropriate licensing authority.

• Lack of responsibility as may be revealed by a financial statement, experience and equipment, questionnaires, etc.

• Uncompleted work which in the judgment of the city will prevent or hinder the prompt completion of additional work if awarded.

The Owner reserves the right to reject any or all bids in whole or in part, to cancel the bid, to waive technicalities and to accept the proposal it deems to be in the best interest of the Owner.

3.41. MULTI-AWARD

The City reserves the right to multi-award contracts as necessary for adequate delivery or service in accordance with 13-1-153 NMSA.

3.42. PROCUREMENT CODE AND RESIDENT CONTRACTOR PREFERENCE

State of New Mexico statutes shall apply. New Mexico grants a preference to those contractors who have been certified by the State of New Mexico Department of Taxation and Revenue as a Resident

Contractor or a Resident Veteran Contractor at the time bids are opened, pursuant to 13-1-22 & 13-4-2

(NMSA 1978). The New Mexico Resident contractor’s preference or Resident Veteran contractor shall be the only preference that applies. Contractor must submit a copy of their New Mexico Resident

Contractor’s Certificate or New Mexico Resident Veteran Contractors Certificate with their bid in order to be considered for the preference as per 13-1-22 (a) NMSA 1978.

The applicable State of New Mexico Resident contractor’s or Resident Veteran contractor’s preference will be factored into bid prices where applicable. However, the preferences are not cumulative, and bidders will only be entitled to receive one preference.

3.43. NOTICE TO BIDDERS

This is a notice to all New Mexico resident businesses, New Mexico resident veteran businesses and New

Mexico contractors.

All resident businesses, resident veteran businesses and contractors must apply for a current certification issued by the Tax and Revenue Department. Certificates issued prior to July 1, 2016 are deemed EXPIRED for purposes of claiming a preference, and therefore all businesses must reapply for certification. Applications for in-state preference will NOT be processed through the State Purchasing

Division. All resident businesses, resident veteran businesses and contractors must obtain a preference number & certificate with the New Mexico Department of Taxation & Revenue.

Your preference will only apply if a copy of a Certificate issued on or after July 1, 2016 accompanies your bid or proposal. Certificates must be provided with each and every bid and proposal submission individually, even if the Certificate was previously provided to State Purchasing Division with a prior procurement. Certificates missing from procurement submissions will not benefit from the preference.

For additional information and application forms: Call Tax & Revenue Department at: 505-827-0926, 505-827-0949, 505- 827-0948) or Web link to: https://www.tax.newmexico.gov/businesses/in-state-veteranpreference-certification/

3.44. PROCUREMENT CODE VIOLATIONS

The Procurement Code imposes civil and criminal penalties for its violation. In addition, the New Mexico

Criminal Statutes impose felony penalties for illegal bribes, gratuities, and kick-backs.

THE CITY OF GALLUP RESERVES THE RIGHT TO CANCEL THE BID, OR REJECT ANY OR ALL BIDS IN WHOLE

OR IN PART, TO WAIVE TECHNICALITIES AND TO ACCEPT THE PROPOSAL IT DEEMS TO BE IN THE BEST

INTEREST OF THE CITY.

4. SUPPLEMENTAL TERMS AND CONDITIONS

4.1. ELECTRONIC COMMUNICATIONS

Communications regarding this procurement, including issuance of any amendments, shall submitted through the OpenGov eProcurement Portal Q&A section: eProcurement Portal. However, electronic submittals of the proposal whether by fax or other electronic means are not acceptable as noted in the

General Conditions.

4.2. UNIT PRICES

Typographical errors, errors in extending unit prices, arithmetic errors or errors clearly evident on the face of the bid document may be corrected in accordance with the Procurement Ordinance and

Procurement Regulations. Discrepancies involving the incorrect extension of unit prices shall be resolved in favor of unit prices as unit prices cannot be corrected.

4.3. TAXES

All bid prices shall be quoted EXCLUSIVE of taxes.

4.4. CONTRACT TERM RENEWAL

This is an indefinite quantity contract from the date of contract acceptance and shall automatically renew for three (3) additional one (1) year period unless sooner terminated in accordance with the terms and conditions of this bid. If the lowest qualified bidder is unable to fulfill an order or bidder’s prices exceed market prices the City reserves the right to surpass this bid and order from the best available source.

4.5. ESCALATION CLAUSE

An Escalation Clause is used as part of the Bid Proposal in accordance with the terms of the Escalation

Clause in Section 6 of this bid.

4.6. BID DOCUMENTS

Bid documents may be retrieved by accessing the Purchasing page of the City of Gallup bidding website

OpenGov https://procurement.opengov.com/portal/gallupnm/projects/127866, by calling (505) 863-

1334 or visiting the Central Purchasing Office at 110 West Aztec, Gallup, NM 87301.

The City of Gallup will notify vendors of record of amendments/addenda that are issued via City's eprocurement software OpenGov. If not a vendor of record or if solicitation was downloaded through

City of Gallup website, it shall be vendor’s responsibility to check website frequently for copies of any addenda/amendments or correspondence concerning the solicitation. Failure to acknowledge all addenda could result in rejection of your bid/proposal as non-responsive. In the case of an inconsistency between information on this site and the Purchasing file document, the file document shall prevail.

5. ESCALATION CLAUSE

5.1. ESCALATION CLAUSE

Price escalations may be considered only under the following conditions:

A. Offered prices must be firm for at least ninety (90) calendar days after written notification of contract.

B. All requests for price increases shall be in writing and accompanied by:

1. A letter from the Contractor’s supplier certifying the price increase to the Contractor; or

2. Evidence of verifiable market conditions resulting in increased costs such as mandated labor rate increases and significant fuel or energy cost increases.

C. All invoices of the offered items, from suppliers to the Offeror, shall be subject to auditing by the City and furnished without delay upon request.

D. The City reserves the right to purchase on the open market or cancel a contract resulting from this request and solicit a new contract if the escalated price is above the current open market price for the same item. Cancellation of the contract shall not affect any outstanding orders.

E. All revisions of the price list shall become effective when they are accepted by the Purchasing

Office of the City, provided that they do not conflict with paragraph (F) or (G).

F. All approved price changes resulting from this escalation clause shall be firm for a period of ninety (90) calendar days after acceptance in writing from the City.

G. The Offeror shall be limited to a maximum of two (2) price escalations per contract period unless otherwise specified in this request.

H. The Offeror shall provide to the City written notice of any requested price changes, which shall become effective upon acceptance by the City of Gallup Purchasing Office.

I. If the Offeror receives any price de-escalations from the supplier of goods sold to the City through a contract resulting from this request, the Offeror is responsible for notifying the City of such de-escalations, and passing those price changes on to the City immediately.

6. ADDITIONAL TERMS AND CONDITIONS

6.1. GENERAL

When the City of Gallup Purchasing Department issues a purchase document in response to the Vendors bid, a binding contract is created.

6.2. DEBARRED OR SUSPENDED CONTRACTORS

A business (contractor, subcontractor or supplier) that has either been debarred or suspended pursuant to the requirements of .13-1-177 through .13-1-180, and .13-4-11 through .13-4-17 NMSA 1978 as amended, shall not be permitted to do business with City of Gallup and shall not be considered for award of the contract during the period for which it is debarred or suspended.

6.3. ASSIGNMENT

A. Neither the order, nor any interest therein, nor claim there under, shall be assigned or transferred by the Vendor, except as expressly authorized in writing by the City of Gallup

Procurement Administrator. 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 City of Gallup as to goods, services, and materials purchased in connection with this bid are hereby assigned to the City of Gallup.

6.4. DISCOUNTS

Except in the case of tie bids, prompt payment discounts will not be considered in computing the low bid. Discounts for payment will be considered after the award of the contract. Discounted time will be computed from the date of receipt of the merchandise or invoice, whichever is later.

6.5. INSPECTION

Final inspection and acceptance will be made at the site. Goods rejected at the site for non-conformance with specifications shall be removed, at the Vendor's risk and expense, promptly after notice of rejection.

6.6. INSPECTION OF PLANT

The City of Gallup Procurement Administrator may inspect, at any reasonable time, the part of the contractor's, or any subcontractor's plant or place of business, which is related to the performance of this contract.

6.7. LIABILITY

The Vendor agrees that City of Gallup shall not be held liable for any costs incurred in preparation of this bid.

6.8. Tax

The bid prices shall exclude all taxes. Wherever requested in bid response, Vendor shall submit taxes on total bid as a separate unit item. Bids shall be awarded on unit price without regard of tax.

6.9. DEFAULT

The City of Gallup reserves the right to cancel all or any part of this order without cost to the City of

Gallup, 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 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 subcontractors due to any of the above, unless the City of Gallup 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 schedule. The rights and remedies of the City of Gallup 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.

6.10. NON-COLLUSION

In, signing this bid, the Vendor certifies that he/she has not, either directly or indirectly, entered into any action in constraint of free competitive bidding in connection with this proposal submitted to the

City of Gallup Procurement Administrator.

6.11. NON-DISCRIMINATION

Vendors doing business with City of Gallup must be in compliance with the Federal Civil Rights Act of

1964 and Title VII of the Act, (Rev.,1979), and the Americans Disabilities Act of 1990. (Public Law 101-

336).

6.12. METHOD OF AWARD

A contract will be awarded on a Total All or None basis where indicated based on pricing and compliance with the specifications and requirements for each group of materials and/or services City of

Gallup reserves the right to waive irregularities, reject offers in whole or in part, and award this Bid in the best interest of the City of Gallup.

6.13. RIGHT TO DISCONTINUE PROCUREMENT

The City of Gallup reserves the right to cancel this INVITATION TO BID at any time, and to reject any or all bids, or otherwise to proceed in the best interests of the City of Gallup. This in no manner obligates the City of Gallup or any of its agencies to the eventual purchase of any product or service, whether explicitly described or implied herein, until confirmed by a written contract and/or Purchase Order

6.14. F.O.B POINT

All materials shall be quoted F.O.B DESTINATION, Freight Prepaid. Bidders are cautioned that quoting material other than F.O.B DESTINATION may result in finding of their bids as Non-responsive. City of

Gallup Ordinances and State Law do not allow the City to own tangible goods or for services prior to receiving if said good(s) or prior to service being rendered. All price(s) bid(s) shall be Freight Prepaid, freight included in prices. The City of Gallup will not pay separately stated freight charges.

6.15. LATE BIDS

Any bid received after the specified time and date will be declared a "Late Bid" and will NOT be considered.

6.16. SPECIAL INSTRUCTIONS

To preclude 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 schedule bid opening.

Failure to do so will be just cause for rejection of bid.

A. Bidders shall hold their bid pricing for 30 days after bid opening.

6.17. EXISTING AGREEMENT

Under the terms and conditions of this Bid all public bodies allowed by law may procure the supplies or services under this Bid as described herein. The terms and conditions of this Bid shall forma part of each order issued herein, but each public body shall be responsible for their own orders.

7. SPECIAL TERMS AND CONDITIONS

7.1. LAWS / CODES / STANDARDS / REGULATIONS

Contractor will be responsible for complying with all applicable local, state and federal regulations regarding transportation of materials, as well as all fees, permits and/or authorization required for delivery. Contractor will provide all supervision of employees required and be responsible for maintenance, insurance, mileage, fuel, permits, licenses, etc. required for the operation of the vehicles or equipment used for transportation. These requirements and all associated costs for providing the services shall be included in the bid price.

Equipment materials, or services supplied under this solicitation shall meet and comply will all current applicable Federal, State, and local laws, codes, standards, and regulations, and applicable industry safety standards and requirements.

The Contractor shall be properly licensed and qualified to furnish services and to perform the required work under applicable licensing statutes of the State of New Mexico and other applicable regulatory agencies.

Contractor shall comply with all applicable Federal, State and local government codes, laws, regulations, and requirements in the performance of the work described herein.

7.2. INDEPENDENT CONTRACTOR

The bidder awarded an agreement under this solicitation is an independent contractor and shall perform its obligations under this agreement, as it deems necessary and appropriate. The successful

Contractor and its officers, directors, agents and employees, are independent contractors performing services for the City of Gallup and are not employees of the City of Gallup. The successful Contractor, and its officers, directors, agents, and employees, shall not accrue leave, retirement, insurance bonding, use of City of Gallup vehicles or any other benefits afforded to employees of the City of Gallup. The successful Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the required services.

7.3. INDEMNITY

The Contractor agrees, as material consideration for this Agreement, to defend, indemnify, and hold harmless the City of Gallup, its Elected Officials, Agents, and employees from and against any and all claims arising out of any asserted negligent act, error or omission of the Contractor, its officers, directors, employees or agents or arising in any way from this agreement or the Contractor’s activities hereunder. The indemnity agreed to in this paragraph shall not extend to liabilities, claims, damages, losses or expenses, including attorney fees arising out of: The preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications by the City of Gallup, or the agents or employees of the City of Gallup, or the giving of or the failure to give directions or instructions by the City of Gallup, or the agents or employees of the City of Gallup, where such giving or failure to give directions or instructions is the primary cause of bodily injury to persons or damage to property.

7.4. TERMINATION OF CONTRACT

In the event of a breach on any provision of the Agreement, the City of Gallup shall notify the Contractor of the fault within a reasonable time. If the Contractor fails to cure the breach or make other arrangements satisfactory to the City of Gallup, the City of Gallup may immediately terminate the Price

Agreement or take other steps, as it deems necessary. Safety related items must be corrected within twenty-four (24) hours. The Contractor shall pay the City of Gallup all costs and expenses, including reasonable attorney’s fees incurred by the City of Gallup, in exercising any of its rights or remedies in connection with enforcement of the Agreement.

The City of Gallup may terminate this Agreement for Convenience at any time, without penalty of any kind, by giving notice in writing to the Contractor. Said termination shall not nullify any payments due contractor for costs and work completed incurred through the date of termination.

7.5. APPROPRIATIONS

The terms of this Agreement are contingent upon sufficient monies being made available by the City of

Gallup for the performance of this Agreement. If sufficient appropriations and authorizations are not made by the City of Gallup, this Agreement shall terminate upon written notice being given by the City to the Contractor. The City's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final.

8. SCOPE OF WORK

8.1. HVAC Preventative Maintenance

A. Scope of Services:

1. This contract includes labor, equipment and materials on as as-needed or requested basis for all City of Gallup facilities HVAC systems. The City of Gallup has the option to add or delete buildings/facilities during the period of the contract. List of locations are therefore subject to change; additions and/or deletions shall only be made by the Facilities Manager.

NO OTHER DEPARTMENT personnel shall authorize changes. Typically, switching from summer to winter is at the beginning of April, from winter to summer is at the beginning of

October; however, this may fluctuate by the weather pattern. Otherwise preventative maintenance is scheduled July, October, January, April of each contractual year.

2. This proposal process shall also establish hourly rates, and material discount percentages for the City of Gallup. Labor, equipment and materials on an as-needed basis or on-call basis to be approved by Facilities Manager accompanied with a purchase order.

3. All sub-contractors must also be licensed and approved by the City of Gallup.

B. Services to be Offered by the Contractor:

1. Preventive Maintenance for Fall and Spring HVAC services include, but are not limited to the repairs and maintenance of all City of Gallup owned facilities listed in this solicitation, seasonal start-up consists of but is not limited to cleaning, lubricating, changing of pads, filters, belts, testing every component, wash condensers and evaporators, clean condensate lines, inspect and tighten all electrical connections, inspect belts and replace as necessary, replace filters, test gas pressures (heating), check sub-cooling or superheat on refrigerated a/c’s, de-scalar, oil grease (swamp coolers), inspect for refrigeration leaks on caps and lines.

Check supply and return registers, evaporator and condenser, drain pan, breaker or disconnect, condenser fan motor, indoor blower motor, indoor fan contactor coils, condenser motor contactor, compressor contactor, components, pulleys and shafts, relays, indoor blower motor, refrigerant testing, cycle and check heat/air for proper operation, clean and lubricate.

2. Start-up: (Heat to Cool) Evaporative cooler may include but not limited to, inspection of pad grates, blower bearings, water distributor, water line, bleed line, motor pulley or blower pulley, motor amps, pump cooling fan, damper registers in rooms, selector switch or t-stat and replace float.

3. The Mid Season: Maintenance service shall consist of re-inspecting, everything visually

(remove covers on all switches and for possible pitting, shorting) replacing filters, lubrication, identifying potential failures before they happen.

4. Fall shut-down: (Cool to Heat) May include, but not limited to washing pads, oil motor, pump and bearings, clean and wash distributor, remove chlorine filter (if applicable) and clean, roll up bleed line, turn off water and remove all water in line, install damper in cooler, remove damper in heater, unplug motor and pump and remove belt and set in cooler.

5. Testing: May require electronic gauges, amp meters, millivolt meters, blowers, volt meters, gas manometers, electrical components and wiring, contactors, circuit boards, worn pulleys and belts; emergency response, possible design, installation, maintenance, recondition, troubleshooting or repair may be required by the City of Gallup.

6. Boiler Inspections: Must include but are not limited to checking entire system for corrosion and leaks, clean burners, pilot assembly including orifice, bleed wall unit lines, flame sensor, gas pressure burner assembly blow out units, clean flame sensor, clean and/or blow out motors on pumps, lubricate motor and pumps as needed, clean or blow out inducer motor, inspect exhaust and intake piping for water leaks and blockage, check all flexible tubing whether gas or air for leaks, clean condensate drains, check incoming gas pressure connecting to manifold, expansion tank, temperature and relief valve, thermostats, anticipator settings, t-stats, zone valves, temperature controls,…