ITB 2025-03 HAULING ROLL-OFFS.docx

INVITATION TO BID (ITB)

CITY OF PORTALES

ITB # 2025-03

HAULING SERVICES FOR 30 YARD ROLL-OFFS

Date Issued: 07/02/2025

Bid Due Date: July 16, 2025 2:00 p.m. Mountain Standard Time

Please carefully read all instructions, specifications, terms and conditions. Failure to Comply with the instructions, specifications, terms and conditions of this ITB may result In your bid submittal being classified as unresponsive and disqualified.

GENERAL INFORMATION

On behalf of the City of Portales and pursuant to and in compliance with the New Mexico State Procurement Code, The City of Portales hereby invites competitive sealed bids for Hauling Services for 30 Yard Roll-Offs as an as needed basis. Total of twelve (12) Roll-Offs hauled per week on Mondays and Fridays. Roll-Offs will need to be picked up at the Portales Convenience Center located at 1230 N Avon, Portales, NM 88130 and hauled to the Clovis Landfill at 2801 E Brady Ave, Clovis, NM, 88101. Types of waste can include but are not limited to household items, construction, furniture, debris, and brush.

The duration of the contract resulting from this ITB shall be for one (1) year from the date of the award and on as needed basis. Further provided, the city is anticipating arrival of a new truck to haul waste and services thereafter would be as needed. This contract can be renewed on an annual basis, for up to three (3) additional one (1) year terms at the discretion of both parties. Further provided, this contract may be terminated by either party, with or without cause upon thirty (30) days written notice.

The City of Portales reserves the right to reject any and all bids, to accept the bid which in its judgment is the most suitable and, in the City’s best interest, to be the sole interpreter of the intent of any clauses of the specifications and the sole judge as to whether an offer complies with specifications. Sealed bids will be accepted until the date specified. The Bid opening will be conducted in the large conference room at City Hall at 2:00 p.m. MST.

SUBMISSION OF BIDS

IMPORTANT:

BIDS ARE DUE and must be received by the City of Portales CPO/Purchasing Department no later than July 16, 2025, at 2:00 p.m. MST.

Late submission of Bids WILL NOT BE ACCEPTED.

MAIL OR HAND DELIVERY OF BIDS

Mailed or hand delivered bids must be addressed and delivered to the Procurement Officer at the address listed on page 3. Bids submitted by facsimile or other means not listed in this ITB will not be accepted.

All Bids must be submitted in a sealed envelope that is clearly marked:

“Bid # 2025-03 – Do Not Open” “SEALED BID” along with the BIDDER’S NAME AND ADDRESS must appear on the outside of the sealed envelope or package of all bids.

NOTE: It is the responsibility of the Bidder to see that the bid arrives on time.

The City of Portales is a rural community. Please be aware that some delivery services do not guarantee overnight delivery to the city. Overnight delivery may not arrive by the submission deadline. Please plan accordingly.

ONLINE SUBMITTAL – To submit bids online, please follow these instructions:

Go to www.portalesnm.gov Select Services then Department N-Z Select Purchasing Department then Bid Opportunities – Register Now Select Open Project Solicitations

A public log will be kept of the names of all Bidder organizations that submitted bids. Bids will not be opened prior to the deadline. Pursuant to NMSA 1978, § 13-1-116, the contents of bids shall not be disclosed to competing potential Bidders. Awarded in this context means the final required City signature on the contract(s) resulting from the procurement has been obtained.

It is the responsibility of the Bidder to ensure that any addenda issued related to this Invitation to Bid have been received prior to submitting a bid. The City guarantees that any addenda issued will be distributed and available to every party on the Distribution List for this solicitation. The City will not accept responsibility for the addenda not being obtained and will not guarantee that the addenda will be forwarded or available if the original packet was not obtained as directed.

NO BIDS WILL BE ACCEPTED BY FAX OR EMAIL

Questions will be accepted until July 10, 2025. If there is any clarification, problem, ambiguity or question regarding this bid, you must contact the CPO or designee prior to the bid opening. Clarifications and addenda will be considered prior to the bid opening. Answers provided regarding the bid specifications or bid package MUST be answered by the CPO or designee. Questions answered by any other person or City official shall be considered completely nonapplicable to the legal provisions of this bid, except as specifically authorized by the CPO. Questions regarding the specifications stated within the bid or the bidding process should be directed to Lisa Gamble, Chief Procurement Officer in writing by email at cpoportales@portalesnm.gov.

PROCUREMENT OFFICER

The City of Portales has assigned a Procurement Officer who is responsible for the conduct of this procurement whose name, address, telephone number and e-mail address are listed below:

DEFINITION OF TERMINOLOGY

This section contains definitions of terms used throughout this procurement document, including appropriate abbreviations:

“Agency” means City of Portales.

“Award” means the final execution of the contract document.

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

“Business Hours” means 8:00 AM thru 5:00 PM Mountain Standard or Mountain Daylight Time, whichever is in effect on the date given.

“Close of Business” means 5:00 PM Mountain Standard or Daylight Time, whichever is in use at that time.

“Confidential” means confidential financial information concerning Bidder’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act NMSA 1978 57-3-A-1 to 57-3A-7. See NMAC 1.4.1.45. As one example, no information that could be obtained from a source outside this request for proposals can be considered confidential information.

“Contract" or “Agreement” means any agreement for the procurement of items of tangible personal property, services or construction.

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

“City” means the City of Portales, New Mexico.

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

“Desirable" the terms "may", "can", "should", "preferably", or "prefers" identify a desirable or discretionary item or factor.

“Evaluation Committee" means a body appointed by City management to perform the evaluation of Bidders’ proposals.

“Evaluation Committee Report" means a report prepared by the Procurement Officer and the Evaluation Committee for contract award. It will contain written determinations resulting from the procurement.

“Finalist” means an Offeror who meets all the mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.

“Hourly Rate” means the proposed fully loaded maximum hourly rates that include travel, per diem, fringe benefits and any overhead costs for contractor personnel.

“Local Public Body” means every political subdivision of the State of New Mexico and the agencies, instrumentalities, school districts and local school boards and municipalities.

“Mandatory" – the terms "must", "shall", "will", "is required", or "are required", identify a mandatory item or factor. Failure to meet a mandatory item or factor will result in the rejection of the Bidder’s proposal.

“Minor Technical Irregularities” means anything in the bid that does not affect the price quality and quantity or any other mandatory requirement.

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

“Procurement Officer” means any person or designee authorized by a state agency or local public body to enter into or administer contracts and make written determinations with respect thereto.

“Procuring Agency of the City" means the department or other subdivision of the City of Portales that is requesting the procurement of services or items of tangible personal property.

“Redacted” means a version/copy of the bid with the information considered confidential as defined by NMAC 1.4.1.45 and defined herein and outlined in Section II.C.8 of this ITB blacked out BUT NOT omitted or removed.

“Invitation to Bid (ITB)" means all documents, including those attached or incorporated by reference, used for soliciting bids.

“Responsible Bidder" means an Bidder who submits a responsive bid and who has furnished, when required, information and data to prove that his 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 described in the bid.

“Responsive Bid" or means an offer which conforms in all material respects to the requirements set forth in the invitation to bid. Material respects of an ITB include, but are not limited to price, quality, quantity or delivery requirements.

“Sealed” means, in terms of a non-electronic submission, in that the bid is enclosed in a package which is completely fastened in such a way that nothing can be added or removed. Open packages submitted will not be accepted except for packages that may have been damaged by the delivery service itself. The City reserves the right, however, to accept or reject packages where there may have been damage done by the delivery service itself. Whether a package has been damaged by the delivery service or left unfastened and should or should not be accepted is a determination to be made by the Procurement Officer. By submitting a proposal, the Bidder agrees to and concurs with this process and accepts the determination of the Procurement Officer in such cases.

“Statement of Concurrence” means an affirmative statement from the Bidder to the required specification agreeing to comply and concur with the stated requirement(s). This statement shall be included in Bidder’s proposals. (E.g. “We concur”, “Understands and Complies”, “Comply”, “Will Comply if Applicable” etc.)

“Unredacted” means a version/copy of the proposal containing all complete information including any that the Bidder would otherwise consider confidential, such copy for use only for the purposes of evaluation.

“Written” means typewritten on standard 8 ½ x 11 inch paper. Larger paper is permissible for charts, spreadsheets, etc.

PROCUREMENT LIBRARY

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

New Mexico Procurement Code https://nmonesource.com/nmos/nmsa/en/item/4378/index.do#!fragment//BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoByCgSgBpltTCIBFRQ3AT0otojlzYANkIDCSNNACEyPoTC4EbDtypyFCAMp5SAIW4AlAKIAZIwDUAggDlRR2qTAAjaKWxxq1IA

CONDITIONS GOVERNING THE PROCUREMENT

This section of the ITB contains the schedule, description and conditions governing the procurement.

SEQUENCE OF EVENTS

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

Method of Award The city reserves the right to award the ITB to the responsible Bidder(s) submitting a responsive bid with resulting agreement(s) that are most advantageous and in the best interest of the city. If a Bidder to whom a bid is awarded refuses to accept the award or, fails to deliver in accordance with the contract terms and conditions, the City may, in its discretion, suspend the Bidder/contractor for a period of time from entering into any contracts with the City of Portales.

Contract Awards The city anticipates awarding the contract during the scheduled council meeting on July 29th, 2025; however, the meeting’s date is tentative and subject to change. The award is subject to appropriate Council approval.

Protest Deadline Any protest by any Bidder must be timely and in conformance with NMSA 1978,§ 13-1-172 and applicable procurement regulations. As a Protest Manager has been named in this Invitation to Bid, pursuant to NMSA1978, § 13-1-172, ONLY protests delivered directly to the Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Invitation to Bid. The 15-calendar day protest period shall begin on the day following the award of contracts and will end at 5:00 PM Mountain Standard Time/Daylight Time on the 15th day. Protests must be written and must include the name and address of the protestor and the ITB number. It must also contain a statement of grounds for protest including appropriate supporting exhibits and it must specify the ruling requested from the party listed below. The protest must be delivered to:

City of Portales Attn: Protest Manager 1028 W. Community Way Portales, NM 88130 Protests received after the deadline will not be accepted.

Subcontractors/Consent The use of subcontractors must be clearly explained in the bid, and each must be identified by name. The prime contractor shall be wholly responsible for the entire performance of the contractual agreement whether or not subcontractors are used. Additionally, the prime contractor must receive approval, in writing, from the City of Portales before any subcontractor is used during the term of this agreement.

No Obligation This ITB in no manner obligates the City of Portales to use any Bidder’s services until a valid written contract is awarded and approved by appropriate authorities.

Sufficient Appropriation Any contract awarded as a result of this ITB process may be terminated if sufficient appropriations or authorizations do not exist. Such terminations 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.

Governing Law This ITB and any agreement with any Bidder which may result from this procurement shall be governed by the laws of the State of New Mexico. By signing and submitting a bid, the parties agree that any litigation concerning this bid, request for proposal, limited solicitation, or subsequent contract or purchase order, must be brought in the Ninth Judicial District in and for the City of Portales, State of New Mexico, and each party shall pay its own costs and attorney fees.

Right to Waive Minor Irregularities The Evaluation Committee reserves the right to waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive bids failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee. The Chief Procurement Officer may contact the Bidder for clarification of the response if necessary. The City reserves the right to waive technical irregularities in the form of the bid of the low Bidder which do not alter the price, quality or quantity of the services offered pursuant to §13-1-132, NMSA 1978.

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

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.

Use of Electronic Versions of this ITB This ITB is being made available by electronic means. In the event of conflict between a version of the ITB in the Bidder’s possession and the version maintained by the agency, the Bidder acknowledges that the version maintained by the agency shall govern.

New Mexico Employees Health Coverage A. If the Bidder has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least twenty (20) hours per week over a six (6) month period during the term of the contract, Bidder must agree to have in place, and agree to maintain for the term of the contract, health insurance for those employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.

B. Bidder must agree to maintain a record of the number of employees who have (a) accepted health insurance; (b) decline health insurance due to other health insurance coverage already in place; or (c) decline health insurance for other reasons. These records are subject to review and audit by a representative of the state.

C. Bidder must agree to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information http://www.insurenewmexico.state.nm.us/.

D. For Indefinite Quantity, Indefinite Delivery contracts (price agreements without specific limitations on quantity and providing for an indeterminate number of orders to be placed against it); these requirements shall apply the first day of the second month after the Bidder reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000.

Prevailing Wage It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage rates in effect. It shall further be the responsibility of the Vendor to monitor the prevailing wage rate established by the department of labor for any increase in rates during the term of the contract and adjust wage rates accordingly.

Bid Forms All pages included in this Invitation to Bid that are marked "BID FORM" must be completed and returned as part of the bid document. All bids must be completed and securely sealed prior to submitting to the purchasing office. No unsealed, faxed or e-mailed bids are acceptable. No bid may be amended after opening.

Bids Binding Sixty (60) days Unless otherwise specified all formal bids submitted shall be binding for sixty (60) calendar days following bid opening date, unless the Bidder(s), upon the request of the City Manager, agrees to an extension.

Payment Terms For all services provided by Contractor, payment shall be made net thirty (30) days from invoice date after receipt of goods/services unless otherwise specified on bid form or as otherwise agreed by both parties. All invoices shall be submitted directly to the Accounts Payable Department at 1028 W Community Way, Portales, NM 88130. All Bidders must submit a completed W-9 form and a signed campaign contribution documents with the bid packet.

Equivalency The City hereby reserves the right to approve as equivalent, or to reject as not being equivalent, any item the Bidder proposes to furnish which contains variations from specification requirements but may comply substantially therewith. Such decisions are strictly at the discretion of the City.

Restrictive Specifications It is the responsibility of the prospective Bidder to review the entire Invitation to Bid (ITB) packet and to notify the purchasing department if the specifications are formulated in a manner which would unnecessarily restrict competition. Any such protest or question regarding the specifications or bidding procedures must be received in the purchasing department not less than seventy-two (72) hours prior to the time set for bid opening.

Resident Business Preference Pursuant to Sections 13-1-21 & 13-4-2 NMSA 1978, and GSD Rule 1.4.1 NMAC, Bidders claiming the 5 percent preference must be certified prior to the bid opening. The number must appear on the Quotation Sheet(s) in the space provided and must also include a copy of the certificate in order to receive the preference. An in-state resident or resident veteran preference will be given to all resident New Mexico businesses that have been issued certification by the State of New Mexico. To qualify for the preference, the Bidder must list a valid resident business certificate number and shall submit a copy of the certificate with the bid. Please note this number is NOT your State CRS Number (i.e. 01503047004). If you have a question regarding a Resident Business (or Resident Veteran Business) Certification, or wish to be given a number, you may contact the New Mexico State Department of Taxation and Revenue.

Non-collusion Bidders, by submitting a signed bid, certify that the accompanying bid or proposal is not the result of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line of business or commerce, or any other fraudulent act punishable under New Mexico or United States law.

Insurance The vendor shall furnish the City of Portales with protective liability insurance naming the City as an additional insured in the following amounts, at a minimum:

1) For claims made by City of Portales against the vendor for damage to the City's property or for bodily injury or death to City employees, a minimum amount of $1,000,000 for all claims arising out of each occurrence; and,

2) For claims against City of Portales by third parties in the amount of $100,000 for damage to or destruction of property arising out of each occurrence, the amount of $300,000 to any person for any number of claims arising out of each occurrence for all damages other than property damage as permitted under New Mexico's Tort Claims Act, and the amount of $1,000,000 for all claims arising out of each occurrence; and,

3) Liability insurance of not less than $500,000 for each occurrence with an aggregate of $1,000,000 for the term of the policy with respect to property damage.

The vendor will be required to furnish evidence that the drivers, employed by the vendor to operate equipment included in the contract, will be covered by insurance, as required in the New Mexico Worker's Compensation Act. The vendor will be required to submit a copy of the Certificate of Insurance, which will become part of the contract.

All required insurance shall be in effect during the term of the contract. If the vendor is an "owner - operator", the City of Portales and/or the New Mexico Department of Transportation shall assume no responsibility, financial or otherwise, for any injuries sustained by the "owner - operator" or their employees during the performance of the contract.

Performance Bond The vendor shall supply to the City of Portales a performance bond in the amount of one hundred percent (100%) of the estimated contract value of two hundred fifty thousand dollars ($250,000). Such performance bond must be delivered to the City of Portales Administration Office within five (5) business days from the date of the award. Failure to supply evidence of obtaining the performance bonds shall render all agreements between the City of Portales and the vendor null and void. Contractor shall provide performance and payment bond for all sub- contractors whose contract for work to be performed on the Project is one hundred twenty-five thousand ($125,000.00) dollars or more, pursuant to New Mexico Statutes §13-1-148.1.

SPECIFICATIONS

SCOPE OF WORK

Contractor shall provide hauling services for up to a total of twelve (12) Roll-Offs hauled per week on Mondays and Fridays and schedule drop off according to the City of Clovis Landfill operating hours.

Roll-Off containers will be provided by the city and will need to be picked up at the Portales Convenience Center located at 1230 N Avon, Portales, NM 88130 and hauled to the Clovis Landfill at 2801 E Brady Ave, Clovis, NM, 88101.

Types of waste can include but are not limited to, household items, construction, furniture, debris, and brush.

The contractor must furnish all labor, supervision, registrations, licenses, equipment, vehicle(s) and fuel for hauling of Roll-Off containers.

Contractor shall transport in accordance with New Mexico Department of Transportation rules and regulations and maintain all necessary licenses, permits and insurances for transporting waste.

Bidders shall submit only one Bid in response to this ITB.

BID FORMAT

Bidder shall submit one (1) ORIGINAL, or one (1) electronic Bid. The electronic version can NOT be emailed. Bid must be clearly labeled and numbered and indexed as outlined on page 2.

All Bids must be submitted as follows:

a) Completed Cost Response Form (BID FORM 1) Required

b) Other Supporting Material (if applicable)

c) Campaign Contribution Disclosure (BID FORM 2) Required

d) Certification Regarding Debarment, Suspension, and Other Responsibility Matters (BID FORM 3) Required

e) New Mexico Preference Certificate (if applicable)

f) Completed W9 form Required

Within each section of the Bid, Bidders should address the items in the order indicated above. All Bid Forms provided in this ITB must be thoroughly completed and included in the appropriate section of the Bid. Failure to include all required forms may result in the bid being deemed non-responsive.

Bidders shall list on a separate sheet of paper any variations from or exceptions to the conditions and specifications of this bid. This sheet shall be labeled "Exception(s) to Bid Conditions" and shall be included with bid.

A. Cost Response Form (BID FORM 2) Bidders must complete the Cost Response Form. Cost will be measured by the total of the unit costs on the Cost Response Form plus any additional charges. Additional charges listed must be justified and evidence of need documented in the Bid.

B. Other Supporting Material (If applicable)

C. Campaign Contribution Disclosure Form (BID FORM 3) Bidder must complete, sign and return the Campaign Contribution Disclosure Form as part of their Bid. This requirement applies regardless of whether a covered contribution was made or not made for the positions of Mayor and City Councilors or other identified officials. Failure to complete and return the signed unaltered form will result in disqualification.

D. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (BID FORM 4) Any prospective Contractor and any of its principals who enter into a contract greater than sixty thousand dollars ($60,000.00) with the City for professional services, tangible personal property, services or construction agrees to disclose in their bid whether the Contractor, or any principal of the Contractor’s company:

a. is presently debarred, suspended, proposed for debarment, or declared ineligible for award of contract by any federal entity, state New Mexico or local public body.

b. has within a three-year period preceding this offer been convicted in a criminal matter or had a civil judgment rendered against them for:

i. the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) contract or subcontract.

ii. violation of Federal or state antitrust statutes related to the submission of offers or the commission in any federal or state jurisdiction of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violation of Federal criminal tax law or receiving stolen property.

c. is presently indicted for, or otherwise criminally or civilly charged by any (federal, state or local) government entity with the commission of any offenses enumerated in paragraph A of this disclosure.

d. has, preceding this offer, been notified of any delinquent Federal or State taxes in an amount that exceeds $3,000.00 of which the liability remains unsatisfied.

Taxes are considered delinquent if the following criteria apply:

1.The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge of the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

ii. The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

e. have within a three-year period preceding this offer, had one or more contracts terminated for default by any federal or state of New Mexico or local public body.)

2. Principal, for the purpose of this disclosure, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity or related entities.

3. The Contractor shall provide immediate written notice to the Chief Procurement Officer or other party to this Agreement if, at any time during the term of this Agreement, the Contractor learns that the Contractor’s disclosure was at any time erroneous or became erroneous by reason of changed circumstances.

4. A disclosure that any of the items in this requirement exist will not necessarily result in termination of this Agreement. However, the disclosure will be considered in the determination of the Contractor’s responsibility and ability to perform under this Agreement. Failure of the Contractor to furnish a disclosure or provide additional information as requested will render the Bidder nonresponsive.

5. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render, in good faith, the disclosure required by this document. The knowledge and information of a Contractor is not required to exceed that which is the normally possessed by a prudent person in the ordinary course of business dealings.

6. The disclosure requirement provided is a material representation of fact upon which reliance was placed when making an award and is a continuing material representation of the facts during the term of this Agreement. If during the performance of the contract, the Contractor is indicted for or otherwise criminally or civilly charged by any government entity (federal, state or local) with commission of any offenses named in this document the Contractor must provide immediate written notice to the Chief Procurement Officer or other party to this Agreement. If it is later determined that the Contractor knowingly rendered an erroneous disclosure, in addition to other remedies available to the Governing Body, the City Manager may terminate the involved contract for cause. Still further the Chief Procurement Office or the City Finance Director may suspend or debar the Contractor from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the Chief Procurement Officer or City Finance Director.

E. New Mexico Preference Certificate To ensure adequate consideration and application of NMSA 1978, § 13-1-21 (as amended), Bidders must include a copy of their preference certificate with their Bid. Certificates for preferences must be obtained through the New Mexico Department of Taxation & Revenue.

http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx.

The City shall not award a business both a resident business preference and a resident veteran business preference. The New Mexico Preferences shall not apply when the expenditures for this ITB includes federal funds.

a. New Mexico Resident/Native American Resident Business Preference A copy of the certification must accompany your Bid.

b. New Mexico Resident Veteran/Native American Resident Veteran Business Preference A copy of the certification must accompany your Bid and disclosure of the company’s most recent past year gross receipts revenue is required on the appropriate bid form.

BID FORM 1

COST RESPONSE FORM

BID FORM 1

COST RESPONSE FORM

ITB: 2025-03 HAULING SERVICES FOR 30 YARD ROLL OFFS

1. Hauling price: ___________________________________________________________ *Include details such as price per hour, per load or other*

2. Other Costs (if applicable - explain in detail): ________________________________________________________________________

This cost sheet must be signed and dated to be valid.

Firm submitting bid:

Address:

Telephone:

Email:

New Mexico Bidder’s Preference Number (IF APPLICABLE):

*Must include copy of Certificate with Bid*

Signature:

Printed Name:

Title:

Date:

BID FORM 2

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

BID FORM 2

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to the Procurement Code, Sections 13-1-28, et seq. NMSA 1978 and § 13-1-191.1 NMSA 1978 (2006), as amended by Laws of 2007, Chapter 234, a prospective contractor subject to this section shall disclose all campaign contributions given by the prospective contractor or a family member or representative of the prospective contractor to an applicable public official of the state or a local public body during the two years prior to the date on which a proposal is submitted or, in the case of a sole source or small purchase contract, the two years prior to the date on which the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor or a family member or representative of the prospective contractor to the public official exceeds two hundred fifty dollars ($250) over the two-year period. A prospective contractor submitting a disclosure statement pursuant to this section who has not contributed to an applicable public official, whose family members have not contributed to an applicable public official or whose representatives have not contributed to an applicable public official shall make a statement that no contribution was made.

A prospective contractor or a family member or representative of the prospective contractor shall not give a campaign contribution or other thing of value to an applicable public official or the applicable public official's employees during the pendency of the procurement process or during the pendency of negotiations for a sole source or small purchase contract.

Furthermore, a solicitation or proposed award for a proposed contract may be canceled pursuant to Section 13-1-181 NMSA 1978 or a contract that is executed may be ratified or terminated pursuant to Section 13-1-182 NMSA 1978 if a prospective contractor fails to submit a fully completed disclosure statement pursuant to this section; or a prospective contractor or family member or representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official's employees during the pendency of the procurement process.

The state agency or local public body that procures the services or items of tangible personal property shall indicate on the form the name or names of every applicable public official, if any, for which disclosure is required by a prospective contractor.

THIS FORM MUST BE INCLUDED IN THE INVITATION TO BID PACKET AND MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE.

The following definitions apply:

“Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal.

“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.

“Family member” means a spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law of (a) a prospective contractor, if the prospective contractor is a natural person; or (b) an owner of a prospective contractor;

“Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals.

“Prospective contractor” means a person or business that is subject to the competitive sealed proposal process set forth in the Procurement Code [Sections 13-1-28 through 13-1-199 NMSA 1978] or is not required to submit a competitive sealed proposal because that person or business qualifies for a sole source or small purchase contract.

“Representative of a prospective contractor” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor.

Name(s) of Applicable Local Public Official(s) if any: Mayor Michael G. Miller, Councilors Michael Rackler, Veronica A. Cordova, Eldon Merrick, Jake J. Lopez, Dianne Y. Parker, Oscar H. Robinson, Rustin Self and Barbara George, Municipal Judge.

DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR:

(Attach extra pages if necessary)

Title (position)

--OR—

NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative.

Title (Position)

BID FORM 3

CERTIFICATION REGARDING DEBARMENT

BID FORM 3

Certification Regarding Debarment, Suspension, and Other Responsibility Matters

The prospective participant certifies to the best of its knowledge and belief that it and its principles:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.

2. Have not within a three-year period preceding this proposal been convicted of all had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State Antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of award. Under 18USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both.

Typed Name & Title of Authorized Representative

APPENDIX A

ACKNOWLEDGEMENT OF RECEIPT FORM

ITB # 2025-03

HAULING SERVICES FOR 30 YARD ROLL-OFFS

The acknowledgement of receipt should be signed and returned to the Procurement Officer no later than 5:00 PM July 08, 2025. Only potential Bidders who elect to return this form completed with the indicated intention of submitting a bid will receive copies of all Bidder written questions and the written responses to those questions as well as ITB amendments, if any are issued.

FIRM: ________________________________________________________________

REPRESENTED BY: ____________________________________________________

TITLE: ________________________________ PHONE NO.: ____________________

E-MAIL: _____________________________ FAX NO.: ________________________

ADDRESS: _____________________________________________________________

CITY: __________________________ STATE: ________ ZIP CODE: _____________

SIGNATURE: ___________________________________ DATE: _________________

This name and address will be used for all correspondence related to the Invitation to Bid.

Firm does/does not (circle one) intend to respond to this ITB.

Lisa Gamble Chief Procurement Officer 1028 W. Community Way Portales, NM 88130 E-mail: cpoportales@portalesnm.gov

APPENDIX B

SAMPLE CONTRACT

CITY OF PORTALES

HAULING SERVICES CONTRACT

SAMPLE CONTRACT

This Agreement is made and entered into by and between the City of Portales (hereinafter, “City”) and ______________________ (hereinafter referred to as “Contractor”), on this the 29th day of July 2025.

RECITALS

Whereas, the City has prepared ITB # 2025-03 which was issued July 2, 2025; and, Whereas, the Contractor has submitted its response to the City of Portales’ ITB, met the qualifications for, and had been otherwise duly approved to fulfill the contract position of Contractor for this specific purpose.

Now Therefore, the parties mutually agree to the terms and conditions as follows:

SERVICES TO BE PROVIDED

Scope of Work as defined in this ITB:

Contractor shall provide hauling services for up to a total of twelve (12) Roll-Offs hauled per week on Mondays and Fridays and schedules drop off according to the City of Clovis Landfill operating hours.

Roll-Off containers will be provided by the city and will need to be picked up at the Portales Convenience Center located at 1230 N Avon, Portales, NM 88130 and hauled to the Clovis Landfill at 2801 E Brady Ave, Clovis, NM, 88101.

Types of waste can include but are not limited to household items, construction, furniture, debris, and brush.

The contractor must furnish all labor, supervision, registrations, licenses, equipment, vehicle(s) and fuel for hauling of Roll-Off containers.

Contractor shall transport in accordance with New Mexico Department of Transportation rules and regulations and maintain all necessary licenses, permits and insurances for transporting waste.

PERIOD OF PERFORMANCE

The term of this contract shall be a period of one (1) year, commencing on the ____ day of ___, 2025 and running through the ____ day of ____, 2025. Upon written agreement of the Parties, This contract can be renewed for an additional three (3), one (1) year term for a total of four (4) years.

Either party may terminate this agreement with thirty (30) days written notice prior to said termination.

PLACE OF PERFORMANCE

Contractor Contact Physical Address City, State, ZIP Phone Number Email Address

CONTRACT PRICE

Contractor through the procurement process has been awarded this contract based upon Invitation to Bid (ITB) # 2025-03 Pursuant to the Contractor’s Fee in said ITB , Contractor will be compensated pursuant to schedule “A” (Bid Form 1) attached hereto and Pursuant to that schedule. There are no termination fees. Any fees for services that are not covered in this schedule will be disclosed in a separate schedule or agreed to on an individual basis based upon account circumstances.

NOTICES AND INVOICES

All notices to City that may be required as part of this agreement as well as invoices for services performed shall be delivered to:

City of Portales Attn: City Manager 1028 W. Community Way Portales, NM 88130 All notices to Contractor that may be required as part of this agreement shall be delivered to:

Contractor Mailing Address City, State, ZIP

ASSIGNMENT OF CONTRACTUAL RIGHTS OR OBLIGATIONS

The Contractor shall not assign its interest or duties under this Agreement during the term of said agreement.

SUBCONTRACTING

The Vendor shall not subcontract any portion of the services to be performed under this Agreement without prior written approval of the City.

INDEPENDENT CONTRACTOR

Nothing in this Agreement is intended, or should be construed in any way, to create or establish a partnership relationship between the parties or to establish the Contractor as an agent, representative or employee of the City for any purpose or any manner whatsoever. Contractor and its employees shall not accrue leave, retirement, insurance, or any other benefits afforded to employees of the City. Contractor is an independent contractor of the City. The Contractor, its officers, directors, employees, servants, agents, or representatives are not and shall not be deemed employees of the city and shall not bind the City in any respect.

THIRD-PARTY BENEFICIARY

It is agreed between the parties executing this Agreement that it is not intended by any of the provisions of the Agreement to create on behalf of the public or any member thereof the status neither of third party beneficiary nor to authorize anyone not a party to the agreement to maintain a suit based upon this contract.

INDEMNIFICATION AND PROFESSIONAL LIABILITY INSURANCE

Contractor agrees to indemnify and hold harmless the City from any and all claims, suits, and causes of action that may arise from Contractor’s performance under this contract unless specifically exempted by New Mexico law. Contractor further agrees to hold harmless the City from all personal claims for any injury or death sustained by Contractor and Contractor’s employees, agents, or other representatives while engaged in the performance of this contract. Contractor agrees to maintain and furnish the City with copies of its current errors and omission’s insurance policy in effect at the request of the City.

COMPLIANCE WITH GOVERNING LAWS

This Agreement is to be performed in the State of New Mexico and the City of Portales, and shall be construed under the Laws of the State of New Mexico and the City of Portales. The Contractor shall keep fully informed of and shall also comply with all applicable federal, state, and local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed, or the work, or which in any way affect the conduct of the work. By way of illustration, but not of limitation, the Contractor shall comply with laws relating to employment eligibility including: the Immigration Reform and Control Act of 1986 and the Immigration Act of 1990 regarding employment verification and retention of verification forms for any individual(s) hired on or after November 6, 1986, that will perform any labor or services under this Agreement. The Contractor shall comply with all federal statues relating to non-discrimination including, but not limited to: Title VII of the Civil Rights Act of 1964 (Public Law 88-352), which prohibits discrimination on the basis of race, color, or national origin; Title IX of the Education Amendments of 1972, as amended [20 U.S.C.A. Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112)], which prohibits discrimination on the basis of handicaps; the Age Discrimination in Employment Act; the Americans with Disabilities Act of 1990 (Public Law 101-336); and all amendments to each, and all requirements imposed by the regulations issued pursuant to these acts, especially 45 CFR part 80 (relating to race, color, and national origin), 45 CFR part 84 (relating to handicap), 45 CFR part 86 (relating to sex), and 45 CFR Part 91 (relating to age).

PROCUREMENT CODE

The Procurement Code, § 13-1-25 through § 13-1-199, NMSA 1978 as amended, imposes civil and criminal penalties for its violation. In addition, New Mexico Criminal Statutes impose felony penalties for illegal bribes, gratuities and kickbacks.

NON-APPROPRIATION

The City’s obligation to make payments under the terms of this Agreement is contingent upon its appropriation of sufficient funds to make those payments. If the City does not appropriate funds for the continuation of this Agreement, this Agreement will terminate upon written notice of the effect to the Contractor.