ITB_final_PDF.pdf

CoSF Version 8 9.16.2024

City Of Santa Fe, Central Purchasing Division (CPD)

INVITATION TO BID (ITB)

ON-CALL DEWATERED SEWAGE SLUDGE DISPOSAL

ITB #: 25164

NIGP Commodity Code: 91070, 91027, 96871

Bid Due Date and Time: July 2, 2025 @2pm MST

Submission of a bid through Munis Bid Central constitutes the bidder’s acknowledgment and agreement to the City’s terms, conditions, specifications, and intended usage. Bidders MUST complete all applicable sections and acknowledge their acceptance by submitting their bid. Electronic submissions are considered final and legally binding once the status changes from "Draft" to "Submitted."

Company Name: ____________________________ Address: ______________________________ dba (if applicable): ___________________________ ______________________________________ Co. Email: _________________________________ ______________________________________ Co. Phone No.: ______________________________ NM Gross Receipts Tax # (NMBTIN): ____________ Federal Tax ID #: ________________________

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

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

F.O.B. Point must be Destination, unless otherwise indicated in the ITB.

Contractor’s Delivery: ______________________ (May be considered in the award)

Authorized Signature: _______________________ Print or type name: _____________________ Signatory Email: ___________________________ Phone No: ____________________________

No amendment will be issued later than three (3) days prior to the date for receipt of bids, except an amendment withdrawing the bids or one which includes postponement of the date for receipt of bids.

If applicable, Bidder acknowledges receipt of the following amendment(s):

Amendment No.: ____ Dated: ________ Amendment No.: ____ Dated: ___________

Bids are subject to the “Terms and Conditions” shown on the attached pages of this document, and any additional bidding instructions or requirements. NOTE: if you decide not to bid, do not return this document.

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TERMS AND CONDITIONS

(Unless otherwise specified)

1. General: When the City of Santa Fe’s Chief Procurement Officer (CPO) or designee approves a purchase document in response to the ITB, a binding contract or price agreement is created.

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

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

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

5. Inspection: Final inspection and acceptance will be made at the destination. Tangible Personal Property (goods) rejected at the destination for nonconformance with specifications shall be removed at the Contractor's risk and expense, promptly after notice of rejection.

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

7. Taxes: Price shall not include State gross receipts tax or local option tax. Such tax or taxes shall be added at time of invoicing at current rate and shown as a separate item to be paid by the Requesting Department.

8. Packing, Shipping, and Invoicing: The Contractor shall ship in accordance with the following instructions:

Shipment shall be made only against specific orders which the Requesting Department may place with the Contractor during the term. Delivery shall be made as indicated by the Requesting Department. If contractor is unable to meet stated delivery the Requesting Department must be notified. Freight/shipping costs shall be prepaid by the vendor, added at time of invoicing, and shown as a separate line item to be paid by user. Using agency shall only pay exact courier costs, without a markup.

A. The City’s Purchase Order/Contract number and the Contractor's name, Requesting Department's name and location shall be shown on each packing and delivery ticket, package, bill of lading, and other correspondence in connection with the shipments. The Requesting Department’s count will be accepted by the Contractor as final and conclusive on all shipments not accompanied by packing tickets.

B. The Contractor's invoice shall be submitted duly certified and shall contain the following information:

order number, description of supplies or services, quantities, unit price and extended totals. Separate invoices shall be rendered for each complete shipment.

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

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

CPD.

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

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11. Nondiscrimination: Contractor doing business with the City must follow the Federal Civil Rights Act of 1964 and Title VII of the Act (Rev. 1979) and the Americans with Disabilities Act of 1990 (Public Law 101-336).

12. Penalties: NMSA 1978, Sections 13-1-28 through 13-1-199, imposes civil and criminal penalties for its violation.

In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities, and kickbacks.

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

A. Acceptance - In accordance with Section NMSA 1978, Section 13-1-158, the City shall determine if the product or services provided meet specifications. Until the products or services have been accepted in writing by the City, the City shall not pay for any products or services. Unless otherwise agreed upon between the City and the Contractor, within thirty (30) days from the date the City receives written notice from the Contractor that payment is requested for services or within thirty (30) days from the receipt of products, the City shall issue a written certification (by letter or email) of complete or partial acceptance or rejection of the products or services. Unless the City gives notice of rejection within the specified time period, the products or services will be deemed to have been accepted.

B. Payment of Invoice - Upon acceptance that the products or services have been received and accepted, payment shall be tendered to the Contractor within thirty (30) days after the date of invoice. After the thirtieth day from the date that written certification of acceptance is issued, late payment charges shall be paid on the unpaid balance due on the contract to the Contractor at the rate of 1.5 % per month.

Contractor may submit invoices for payment no more frequently than monthly. Payment will be made to the Contractor's designated mailing address. Payment on each invoice shall be due within 30 days from the date of the acceptance of the invoice. The City agrees to pay in full the balance shown on each account’s statement, by the due date shown on said statement.

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

15. Workers' Compensation: The Contractor agrees to comply with State laws and rules pertaining to Workers' Compensation benefits for their employees. If the Contractor fails to comply with Workers' Compensation Act and applicable rules when required to do so, this Contract may be terminated by the City.

16. Contractor Personnel: Personnel proposed in the Contractor’s written bid to the Requesting Department are considered material to any work performed under this Contract. Once a Purchase Order or contract has been executed, no changes of personnel will be made by the Contractor without prior written consent of the Requesting Department.

Replacement of any Contractor personnel, if approved, shall be with personnel of equal ability, experience, and qualifications. The Contractor will be responsible for any expenses incurred in familiarizing the replacement personnel to insure their being productive to the project immediately upon receiving assignments. Approval of replacement personnel shall not be unreasonably withheld. The Requesting Department shall retain the right to request the removal of any of the Contractor’s personnel at any time.

17. Records and Audit: The Contractor shall maintain detailed time and expenditure records that indicate the date, time, nature, and cost of services rendered during this Contract’s term and effect and retain them for a period of three (3) years from the date of final payment under this Contract. The records shall be subject to inspection by the Requesting Department and the City. The Requesting Department shall have the right to audit billings, both before and after payment.

Payment for services under this Contract shall not foreclose the right of the Requesting Department to recover excessive or illegal payments.

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

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IMPORTANT BIDDING INFORMATION:

ITB Access and Bid Submission:

Solicitation packets are available in Bid Central through VSS, see the link below to gain access.

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

To register, follow the Vendor Self Service (VSS) link below. Please ensure your registration profile at minimum, has the commodity codes listed on the ITB. It is your responsibility to keep your profile up to date based on the products and services your company provides.

VSS: https://cityofsantafenmvendors.munisselfservice.com/Vendors/default.aspx

It is the Bidder's responsibility to ensure all documents are completely uploaded and submitted electronically via Munis Bid Central (link below) by the Bid due date and time. Such submissions will be considered sealed. Bidders must ensure their bids are correct, accurate, and correspond with any amendments before submission. Complete and submit all required documents, including specifications, supporting materials, certificates, pricing, etc., through Bid Central as per instructions to form a complete, responsive bid (NMSA 1978, Sections 13-1-82 through 13-1-84 and 13-1-133).

Call: 505-629-8351 if you’re having difficulty on the website.

https://cityofsantafenmvendors.munisselfservice.com/Vendors/VBids/Default.aspx

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

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

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

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

Further, bids that are not received by the deadline because the response was captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any anti-virus or other security software will be deemed late.

LATE BIDS WILL NOT BE ACCEPTED. Bid Central will kick you out if bid is not submitted in time.

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

Travis Dutton-Leyda, CPO City of Santa Fe tkduttonleyda@santafenm.gov

Any inquiries or requests regarding this procurement should be submitted, in writing, to the Department Contact AND the CPD at the following email addresses:

Department Contact: P. Fred Heerbrandt, P.E., pfheerbrandt@santafenm.gov CPD: purchasing_ITB@santafenm.gov

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

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

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

BID OPENING: Bid opening will be conducted via Microsoft Teams as follows:

Date: July 2, 2025 Time: 2:00 PM Mountain S/D Time (US and Canada) (4:00 PM Eastern S/D Time) Web Address: https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWFjZmRiZDYtYzlkOC00ZDA4LWJkMzMtY2Y5MmFlNWY5ZGIw%40thread.v2 /0?context=%7b%22Tid%22%3a%2277b69f5a-55ed-4363-8616- 4867b0bc707f%22%2c%22Oid%22%3a%221a05b75d-789e-4d46-849e-c34d09c04400%22%7d

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

____ No financial interest ____ Yes financial interest

If yes specify by name: ______________________________________

Rejection of Bids: The CPO or designee shall have the right to reject any or all bids, and to reject a bid not accompanied by the data required by this ITB, or a bid which is in any way incomplete or irregular., Brand Name or Equal, NMSA 1978, Section 13-1-34: Where a brand name or equal is indicated, it is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to restrict competition.

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

Brand Name specifications, NMSA 1978, Section 13-1-33: may be authorized ONLY if required to match existing equipment and is determined by the CPO, to be in the best interest of the City.

Prohibit Bidding: If any Bidder is of the opinion that the specifications as written preclude them from submitting a bid on this ITB, it is requested that his opinion be made known to the CPO or designee, in writing, at least seven (7) days prior to the bid opening date.

Responsible Bidder: Bidders must, upon request of the CPO or designee, provide information and data to prove that the financial resources, production of service facilities, service reputation and experience are adequate to make satisfactory delivery of the materials and/or services. During the course of the contract, the CPO, designee, and Department Contact reserves the right to require a Bidder to furnish a Performance Bond prior to award, where the Bidder is unable to furnish the required information or data, or for other reasons which would ensure and insure proper performance by the Bidder.

Samples: Unless otherwise indicated in the bid specifications, samples of the items, when required, shall be given without the expectation of compensation. Samples not destroyed or mutilated in testing may be returned upon request, at Bidders expense. Each sample must be labeled to clearly show the bid number and item number that it pertains to. Unsolicited bid samples or descriptive literature, which is submitted at the Bidder’s risk, will not be returned.

Bid tabulations: If applicable, bid tabs will be posted to the webpage linked below within 14 days after the Bid Opening Date. https://cityofsantafenmvendors.munisselfservice.com/Vendors/default.aspx

To avoid errors or misunderstandings, attached bids must have prices legibly written in ink or typed. Any corrections or changes must be signed or initialed by the Bidder before the scheduled Bid Opening date and time.

Failure to do so may result in rejection of the bid. Bid prices entered directly into Bid Central on the items page must be accurate.

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

Modifications must occur before the scheduled bid opening for consideration; no bid modifications allowed post-opening.

Bidders reporting mistakes may withdraw bids prior to award at CPO's discretion.

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

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

F.O.B. Destination requires delivery to the department location before ownership transfers. Any exception may deem bid non-responsive.

Business License: Vendors must obtain a business license before being awarded. Visit linked websites for instructions.

Upon registration completion and licensing, vendors are eligible for City projects, services, and goods.

https://santafenm.gov/land-use/doing-business-with-the-city

Living Wage:

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

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

STATEMENT OF WORK:

Orders:

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

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

Only written signed orders are valid.

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

Term:

The term of the subsequent price agreement shall be awarded for four (4) years from the date of final approval signature.

This price agreement shall not exceed four (4) years.

Price Adjustments:

The awarded vendor shall maintain fixed pricing for each year of this agreement. Pricing may be adjusted no more than once annually through a mutually agreed upon amendment to the agreement. The vendor must submit all pricing increase requests in writing to the City of Santa Fe, directly to the designated department agreement, providing substantiating evidence that the request is based on demonstrable market changes impacting the cost of products. The request must itemize all proposed increases by line item and include supporting documentation deemed acceptable by the City of Santa Fe (such as a letter from a manufacturer indicating price increases, etc.). The City's decision on acceptable documentation in this context shall be final and binding upon all parties to the agreement. Requested price increases exceeding 10% will not be accepted, subject to industry standards. No price increase shall result in a higher profit margin. Pricing changes will apply to amendments entered on or after the effective date of the price change. If the vendor's prices are reduced for any reason, the City shall receive the benefit of such reductions immediately. Price increases will not be retroactive to orders already in house or backorders. Orders will be filled at the price in effect on the date of receipt of the order by the vendor.

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

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

Insurance Requirements:

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

Conditions:

The conditions and specifications set out in this ITB are inseparable and indivisible. Any Bidder, by submitting a bid, agrees to be bound by all such conditions and/or specifications. All conditions and specifications in the ITB, and all other documents required to be submitted, shall be submitted by the Bidder in their bid package. Failure to do so or any attempt to vary or change the conditions or specifications of the ITB shall, at the discretion of the City of Santa Fe, constitute grounds for rejection of the entire bid.

Total Compensation:

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

The Awarded Contractor shall be considered an independent entity and not an employee of the City of Santa Fe. The Department shall provide directions regarding the time and place of performance and compliance with rules and regulations required by this agreement.

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

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

SPECIFICATIONS:

The City of Santa Fe’s (The City) Wastewater Management Division (WWMD) is seeking bids for On-Call services for the transport of dewatered sewage sludge (NM Special Waste) from the Paseo Real Wastewater Reclamation Facility (PRWRF) to either the Caja del Rio Landfill, Santa Fe, NM, Estancia Valley Regional Landfill, Moriarty, NM, or the WM Valencia Regional Landfill, Los Lunas, NM., Sandoval County Landfill, Rio Rancho, NM, Northeastern New Mexico Regional Landfill, Wagon Mound, NM, Cerro Colorado Landfill, Albuquerque, NM, as directed by the City. The awarded Bidder will supply the appropriate vehicles that will be used in the transportation process. The required trips will vary depending on the needs of the facility. WWMD will dictate which one of the 6 locations to deliver to at the time of the order. All tip fees will be paid directly to the landfill by the Contractor and billed to the City, including the proposed handling fee.

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The City is the operator of the Paseo Real Wastewater Reclamation Facility (PRWRF) which produces about 1,000 wet tons per month of bio-solids in conducting its dewatering operations. Some of the resulting dewatered sewage sludge is composted, but the rest will be transported to a landfill for disposal. However, no minimum volume of dewatered sewage sludge is guaranteed. The actual quantity of material may vary from the estimated amount and could be reduced to zero.

The City of Santa Fe reserves the right to utilize dewatered sewage sludge in any manner allowed by law with a corresponding reduction in the volume of material being disposed of at the landfills.

Storage capacity at the facility is limited and operations are generally 8 hours per day, 5 days per week. PRWRF staff will notify contractor of the sludge hauling needs on a weekly basis, providing a minimum of 48 hours’ notice of the need for hauling services. The Contractor will be available for hauling loads at the frequency and interval that keeps the dewatering facility operational. The awarded bidder will work with PRWRF to develop communication protocols that engender an efficient and safe biosolids operation.

Service Requirements Required trips will vary depending on the needs of the facility. Each time the truck is loaded, the driver will be responsible for acquiring a paint filter test and pH test report, conducted by the PRWRF in-house laboratory before leaving the facility and provide the landfill with a copy of the passing test results. If this test(s) fails, then no load will commence. The driver will also be provided with a completed Special Waste Manifest for the destination landfill. The driver will be required to carry copies provided by PRWRF staff of the PRWRF Special Waste Spill Response Plan. The Contractors’ drivers must also hold a Special Waste Hauler Registration with the New Mexico Environment Department, Solid Waste Bureau. This Waste Hauler Registration will remain active and current throughout the term of the price agreement and must be submitted to the City before an award is issued.

Full Loads Required:

The Contractor will be required to haul a full load. PRWRF will assist with loading and will check trailers for full loads.

Overfilled loads can spill over the corners of the trailer and a certain amount of expansion of loads has been observed during summer months. The contracted biosolids hauler will be expected to take all overfill and underfill considerations into account on a per trip basis.

Equipment Requirements:

The Contractor will supply all equipment (truck, tarp, etc.) necessary for hauling of the dewatered sewage sludge to the landfill. Minimum load capacity shall be 10 tons. The awarded bidder is responsible for maintaining their vehicles in good mechanical condition and maintaining compliance with all applicable local, state, and federal laws and regulations.

Operating Expenses Contractor agrees to bear all costs and expenses incidental to the operation of the equipment, whether empty or loaded, including without limitation, all risks of depreciation, all maintenance (including cleaning and washing), oil, tires, repairs, business taxes, consumption and sales taxes, personal taxes, transportation taxes, insurance coverage required herein, workers compensation premiums if required, payroll taxes, licenses, vehicle registration renewal fees, base plates, and all highway tolls. If the City is required to withhold or pay any taxes or make any other payment with respect to fees owed by contractor, contractor will reimburse the City or permit the City to make deduction for taxes or other payments required from any monies owed to contractor. Contractor will pay all tipping fees directly to the relevant disposal site and bill the City, including the proposed handling fee. A valid Certificate of Liability Insurance must be submitted to the City before the contracted agreement is awarded and must remain current throughout the term of the price agreement. A valid Truck Insurance Policy with at least the minimum New Mexico statutory required limits for this type of Hauling must be submitted to the City before the price agreement is awarded. This Truck Insurance Policy must remain active throughout the term of the price agreement.

Bidder must list below the Dispatching Operations Base (DOB) address with Bid Submittal. This DOB must remain the same throughout the term of the price agreement. The DOB is defined as where the trucks will leave and return.

DOB Address: ____________________________________________________________

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Payment Loads transported to the landfills will be paid on a per trip basis as calculated in the bid award. Trip will also include beginning and ending truck odometer mileage for the round trip on the invoice. Trips to the landfill will be paid based on actual hours required to complete the trip at the hourly rate defined in the Price Item Schedule. Round trip will be calculated from the DOB address of the awarded contractors (above).

Minimum Requirements of Qualifications:

Contractor must be a registered Special Waste Hauler under the New Mexico Environment Department (NMED).

Bidder MUST submit their NMED Special Waste Hauler license or certificate with their Bid.

PRICE SCHEDULE:

(Bid Sheet/Price Schedule attached as separate document)

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DRAFT CONTRACT/PRICE AGREEMENT

The Agreement included in this attachment represents the agreement the City intends to use to make an award.

The City of Santa Fe reserves the right to make minor modifications to the agreement prior to, or during, the award process, as necessary. (Draft contract attached as a separate file)