RFP 25-0709-01 (Reissue) On-Call Property Abatement _ Other Related Services (4).docx.pdf

REQUEST FOR PROPOSAL

RFP: 25-0709-01 (Reissue) On-Call Property Abatement & Other Related Services

(Mowing/Weed Abatement)

NIGP COMMODITY CODES: 98836; 98889

DUE DATE AND TIME: Thursday September 11th, 2025 at 2:00 p.m. LOCAL TIME

IMPORTANT

RFP MUST BE SUBMITTED IN A SEALED ENVELOPE WITH THE

RFP NUMBER AND DEADLINE DATE CLEARLY INDICATED ON

THE BOTTOM LEFT HAND SIDE OF THE ENVELOPE.

GENERAL CONDITIONS

As required by 13-1-111 NMSA 1978, the City of Clovis is requesting competitive sealed proposals for professional services.

Proposals must include but are not limited to the requirements set forth in the “Form of Proposal”. Proposals deposited with the City may be withdrawn or modified prior to the time set for opening of proposals by delivering written or telegraphic notice to the City. Offerors submitting proposals may be afforded an opportunity for discussion and revision of proposals.

The opening of proposals shall be conducted in private in order to maintain the confidentiality of the contents of all proposals during the negotiation process. Upon reviewing the Proposal, top qualified offers may be contacted for additional qualifying information in the form of a formal presentation.

Negotiations may be conducted with all responsible Offerors who submit proposals found to be reasonably likely to be selected for award.

The award shall be made to the responsible Offeror or Offerors whose proposal is most advantageous to the City of Clovis, taking into consideration the evaluation factors set forth in the request for proposals. The award of a contract for professional services may be made based upon criteria which does not include price.

The City will open and evaluate all proposals; determine the need for, and conduct any negotiations; and make a final recommendation to the City Commission for award of the contract.

The City reserves the right to reject any or all proposals and to waive any technicalities at its option when in the best interest of the City of Clovis.

Award of the contract is contingent upon the budgeting and appropriation of funds for the continuation of the services contemplated by this Request for Proposal.

The proposal excludes all applicable taxes including applicable state gross receipts tax or applicable local option tax.

The City will pay for any taxes due on the contract and will pay any increase in applicable taxes which come effective after the date the contract is entered into. Taxes shall be shown as a separate amount on each billing or request for payment and shall separately identify each tax being billed.

COOPERATIVE BID: By submitting a bid the vendor agrees to allow other municipalities or other authorized governmental agencies to purchase from this bid.

RENEWAL: If the RFP is an annual RFP the City of Clovis reserves the right to renew the RFP for nine (9) years, ten (10 years total). The City of Clovis reserves the right to renew or issue a new Request for Proposal (RFP) without explanation or cause.

PENALTIES: If the winning contractor is not fulfilling the terms of the bid, to include delivery date, the City of Clovis will initiate the following procedures:

A. First Notice: Written warning describing unsatisfactory work rendered or non-performance in terms of the bid. The contractor will be given 10 working days to respond to this notice.

B. Second Notice: Issuance of a second written notice after ten business days will assess the contractor a $100.00 penalty fee per day for unsatisfactory work, non-delivery, or non-performance of contract. The fee will not be charged if notice of assessment for unsatisfactory work rendered, non-delivery, or non-performance of contract is made satisfactory within 48 hours of notice. Each day that there is a violation may constitute a separate offense.

PROTEST BOND: Protest may be filed in accordance with 13-1-1 NMSA. A $5000.00 protest bond will be filed for each protest. If protest is upheld, a bid will be awarded to the next qualified bidder. If the protest is disallowed the protesting bidder will forfeit the $5000.00 bond.

TIMELINE

Re-release Date August 28, 2025 Deadline for Questions by 5:00 p.m. September 5, 2025 Proposals Due by 2:00 p.m. September 11, 2025 Evaluations Begin TBD Interview or Decision to Skip Interviews TBD Final Recommendation to Commission TBD Award of Contracts TBD

I. BACKGROUND

This RFP is a reissue of a previous solicitation for on-call property abatement services.

The prior RFP included demolition and other nuisance-related services. Due to limited response for mowing and vegetation cleanup, the City of Clovis is issuing this revised RFP focused solely on mowing, weed abatement, and related vegetation control services.

Demolition and non-vegetative cleanup services are not part of this RFP.

Prior to commencing work, contractors will undergo a mandatory training session to ensure familiarity with city ordinances. Contractors will be required to perform work in a timely manner while providing satisfactory results. All workers shall adhere to City policies and staff instructions while performing duties as representatives of the City of Clovis.

II. PURPOSE

The City of Clovis invites the submission of proposals from qualified contractors interested in providing on-call property abatement and related vegetation control services.

This solicitation is specifically intended to address the mowing, weed abatement, and nuisance vegetation cleanup needs of the City.

III. OBJECTIVE

The City of Clovis’objective is to retain qualified contractors with experience in mowing, weed abatement, and related vegetation control services. Contractors selected through this process will support the City’s efforts to maintain compliance with nuisance property ordinances.

Contractors that participate in this RFP process will be referred to as “Proposer.”

IV. SCOPE OF WORK

Examples of work might include but is not limited to the following:

● Cutting and removal of overgrown grass, weeds, shrubs, and trees from private and public property within the City’s limits. This shall include grass/weeds greater than 12 inches in height, non-cultivated vegetation, right of way obstructions of bushes, shrubs, and trees in violation of height restrictions.

● Removal and lawful disposal of all debris including, but not limited to the following: wood piles, scrap piles, containers, non-outdoor furniture, household items and goods, appliances, tires, auto parts, broken and discarded items, etc.

from the property.

The selected contractor(s) shall provide all tools, equipment, safety gear, and materials to perform assigned tasks. Each contractor is expected to be transparent about whether a requested service is within their capabilities.

This contract is on an as-needed, on-call basis, and is revokable by either party at any time. The City of Clovis does not guarantee any amount of work or compensation.

The contractor(s) shall perform all services in accordance with the executed agreement and shall comply with all terms and conditions. The agreement contains specific requirements that shall be the contractor’s responsibility, and must be maintained throughout the term of the agreement, including:

● Insurance;

● Indemnity;

● Invoice and Payment Terms;

● Licenses and Permits.

V. PROPOSAL ORGANIZATION

a. To enable the City to efficiently evaluate proposals, it is MANDATORY that the Proposer follow the required format when preparing its proposal. Proposals that do not conform to the prescribed format may not be evaluated.

b. The proposal shall consist of one (1) original binder and one (1) electronic (USB thumb drive) copy. The binder and the thumb drive shall be submitted in a sealed box.

The Proposer shall clearly identify the RFP number, proposal due date, and Proposer’s name on the outside of the box.

c. Binders are required to ensure that pages are not lost. Each binder must be of adequate size to contain all submitted information. Pages shall be no larger than letter-size (8½” x 11”). Font size must be no smaller than eleven (11) point and no larger than twelve (12) point in a standard font. Margins shall be no less than one inch (1”). Tabbed sections, as defined below, shall be used to separate each section of the proposal.

Outside Cover of Binder This shall clearly identify the RFP number, description and Proposer’s name, and what category you are proposing for.

Cover Letter Briefly introduce the Company and employees that will perform the work, explain the company’s interest in providing the services, and articulate why the company/employee is qualified to provide the services requested. Include the name, address, email address and phone number of the person who will serve as the principal contact with City staff.

Service Checklist List services provided and list equipment available by contractor.

Team Qualifications Provide information about individuals that may be assigned to perform the services, including role, expertise and capabilities, correlated to the service that he or she will provide. Resumes can be included. If sub-contractors are included, identify prior experience working as a team and summarize their qualifications.

Exclusions & Additional Services The contractor must include any proposed exclusions to the services or draft contract, providing specific details and the reasoning behind the exclusion, and any proposed additional services.

Additional Information The contractor may list any additional information not requested as part of this application that the contractor believes should be considered in the evaluation of the proposal.

VI. AMENDMENTS TO RFP

Changes, amendments, or written responses to questions received in compliance with Section VIII, Restrictions on Communication will be posted on www.bidnetdirect.com.

It is Proposer’s responsibility to review this site and ascertain whether any amendments have been made prior to submission of a proposal. A Proposer who does not have access to the Internet, must notify the City in accordance with Section VIII, Restrictions on Communication, that Proposer wishes to receive copies of changes, amendments, or written responses to questions by mail or fax. No oral statement of any person shall modify or otherwise change or affect the terms, conditions or specifications stated in the RFP, and changes to the RFP – if any – shall be made in writing only.

VII. SUBMISSION OF PROPOSALS

Proposer shall submit one (1) original, signed in ink and one (1) electronic copy (USB flash drive) of the Proposal, in a sealed package, clearly marked on the front of the package– “RFP 25-0709-01 (Reissue) On-Call Property Abatement & Related Services.” All Proposals must be received in the Purchasing Office no later than 2:00 p.m., local time, on September 11, 2025 at the address below. Proposals submitted prior to the above time and date may be modified provided such modifications are sealed and received by the Purchasing Office prior to the time and date set for submission of proposals. Any Proposal or modification received after this time shall not be considered.

Physical Address:

City of Clovis Attn: Purchasing Agent 321 N. Connelly St.

Clovis, NM 88101 Proposals sent by facsimile or email will not be accepted.

http://www.bidnetdirect.com

VIII. RESTRICTIONS ON COMMUNICATION

a. Proposers are prohibited from communicating with elected City officials and their staff regarding the RFP or Proposals from the time the RFP has been released until the contract is posted as a City Commission agenda item. These restrictions extend to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the RFP and/or Proposal submitted by Proposers. Violation of this provision by Proposer and/or their agent may lead to disqualification of Proposer’s proposal from consideration. Exceptions to the restrictions on communication with City employees include:

Proposers may submit questions concerning this RFP through the solicitation portal www.bidnetdirect.com until 5:00 p.m., local time, on September 5, 2025. Questions received after the stated deadline will not be answered.

IX. AWARD OF CONTRACT AND RESERVATION OF RIGHTS

a. City reserves the right to award one, more than one or no contract(s) in response to this

RFP.

b. The Contract, if awarded, will be awarded to the Proposer(s) whose Proposal(s) is deemed most advantageous to City, as determined by the selection committee, upon approval of the City Commission.

c. City may accept any Proposal in whole or in part. If subsequent negotiations are conducted, they shall not constitute a rejection or alternate RFP on the part of the City.

However, final selection of a Proposer is subject to City Commission approval.

d. City reserves the right to accept one or more proposals or reject any or all proposals received in response to this RFP, and to waive informalities and irregularities in the proposals received. City also reserves the right to terminate this RFP, and reissue a subsequent solicitation, and/or remedy technical errors in the RFP process.

e. City will require the selected Proposer(s) to execute a contract with the City, after the City Commission award. No work shall commence until City signs the contract document(s) and Proposer(s) provides the necessary evidence of insurance as required in this RFP and the Contract. Contract documents are not binding on the City until approved. In the event the parties cannot negotiate and execute a contract within the time specified, City reserves the right to terminate negotiations with the selected Proposer and commence negotiations with another Proposer.

f. This RFP does not commit City to enter into a Contract, award any services related to this RFP, nor does it obligate City to pay any costs incurred in preparation or submission of a proposal or in anticipation of a contract.

g. If selected, Proposer will be required to comply with the Insurance and Indemnification Requirements established herein.

h. The successful Proposer must be able to formally invoice the City for services rendered, incorporating the computer-generated contract and purchase order numbers that shall be provided by the City.

i. Conflicts of Interest. Proposer acknowledges that it is informed that the New Mexico State Procurement Code 13-1-28 prohibits a City officer or employee, as those terms are defined in the Code, from having a financial interest in any contract with City or any City agency such as City-owned utilities. An officer or employee has a “prohibited financial http://www.bidnetdirect.com interest” in a contract with City or in the sale to City of land materials, supplies or service, if any of the following individual(s) or entities is a party to the contract or sale:

the City officer or employee; his parent, child or spouse; a business entity in which he or his parent, child or spouse owns ten (10) percent or more of the voting stock or shares of the business entity, or ten (10) percent or more of the fair market value of the business entity; or a business entity in which any individual or entity above listed is a subcontractor on a City contract, a partner or a parent or subsidiary business entity.

j. Proposer is required to warrant and certify that it, its officers, employees and agents are neither officials nor employees of the City, as defined in the City’s Procurement Code.

(Discretionary Contracts Disclosure – RFP Attachment B)

k. Independent Contractor. Proposer agrees and understands that, if selected, it and all persons designated by it to provide services in connection with a contract, is (are) and shall be deemed to be an independent contractor(s), responsible for its (their) respective acts or omissions, and that City shall in no way be responsible for Proposer’s actions, and that none of the parties hereto will have authority to bind the others or to hold out to third parties, that it has such authority.

X. COST OF RFP

The City will not be responsible for costs incurred by anyone in the submission of qualifications or for any costs incurred prior to the execution of a formal contract.

XI. CONFIDENTIAL INFORMATION

All responses shall be held confidential from other parties by the City to the extent allowable by law until after the selection process is completed. Proposers should be aware that at the completion of the selection process the contents of their Proposals are not subject to the provisions of the New Mexico Open Records Act and will not be made public until awards are made. CONFIDENTIAL or SENSITIVE information should be clearly marked, if included in the Proposals.

XII. INSURANCE

a Prior to the commencement of any work under an Agreement awarded pursuant to this

RFP, the selected Proposer shall furnish an original completed Certificate(s) of Insurance to the Purchasing Office which shall be clearly labeled RFP 25-0709-01(Reissue) in the Description of Operations block of the Certificate. The original Certificate(s) shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, containing all required information referenced or indicated thereon. The original Certificate(s) or form must have the agent’s original signature, including the signer’s company affiliation, title and phone number, and be mailed directly from the agent to the City. The City shall have no duty to pay or perform under said Agreement until such Certificate shall have been delivered to the Purchasing Office and no officer or employee, other than the City’s Purchasing Agent, shall have authority to waive this requirement.

b. Proposer’s financial integrity is of interest to the City, and, therefore, subject to Proposer’s right to maintain reasonable deductibles in such amounts as are approved by the City, Proposer shall obtain and maintain in full force and effect, for the duration of the

Agreement, and any extension thereof, at Proposer’s sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of New Mexico and rated A-(vii) or better by A.M. Best Company and/or otherwise acceptable to the City.

c. The City reserves the right to review these insurance requirements during the effective period of the Agreement and any extension or renewal thereof and to modify insurance coverages and their limits when deemed necessary and prudent by City’s Purchasing Agent, based upon changes in statutory law, court decisions or circumstances surrounding the Agreement, but in no instance will City allow modification whereupon City may incur increased risk.

d. The City shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision or modification of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies. Proposer shall be required to comply with any such requests and shall submit a copy of the replacement Certificate of Insurance to City at an address provided by City within ten (10) days of the requested change. Proposer shall pay any costs incurred resulting from said changes.

e. Proposer agrees that, with respect to the above-required insurance, all insurance contracts and Certificate(s) of Insurance will contain the following required provisions:

Name the City and its officials, employees, volunteers and elected representatives as additional insured as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers’ compensation and professional liability policies;

Provide for an endorsement that the “other insurance” clause shall not apply to the City of Clovis where the City is an additional insured shown on the policy;

Workers’ compensation and employers’ liability policy will provide a waiver of subrogation in favor of the City.

General Liability limits:

$1,000,000 each occurrence $500,000 Damage to premises $10,000 Medical expense $1,000,000 Personal & ADV injury $2,000,000 General Aggregate

f. Auto liability coverage for hired and non-owned $1,000,000

g. Workers compensation coverage each employee $500,000

When there is a cancellation, non-renewal or material change in coverage, which is not made pursuant to a request by City, Proposer shall notify the City of such and shall give such notices not less than thirty (30) days prior to the change, if Proposer knows of said change in advance, or ten (10) days’ notice after the change, if the Proposer did not know of the change in advance. Such notice must be accompanied by a replacement Certificate of Insurance. All notices shall be given to the City at the following addresses:

City of Clovis Attn: Purchasing Department

PO Box 760 Clovis, NM 88102 purchasing@cityofclovis.org

If Proposer fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; however, procuring of said insurance by the City is an alternative to other remedies the City may have and is not the exclusive remedy for failure of Proposer to maintain said insurance or secure such endorsement. In addition to any other remedies the City may have upon Proposer’s failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Proposer to stop work under the Agreement, and/or withhold any payment(s) which become due to Proposer thereunder until Proposer demonstrates compliance with the requirements hereof.

Nothing herein contained shall be construed as limiting in any way the extent to which Proposer may be held responsible for payments of damages to persons or property resulting from Proposer’s or its subcontractors’ performance of the work covered under the Agreement. It is agreed that Proposer’s insurance shall be deemed primary with respect to any insurance or self-insurance carried by the City for liability arising out of operations under this contract.

XIII. CONTRACT TERM

The term of the contract shall commence on the award date and after all parties have signed. The contract shall continue for a period of (3) three years not to exceed a total of

(4) four years, unless this contract is terminated or canceled as otherwise provided therein.

XIV. NOTICES

The procurement Code, 13-1-21 through 13-1-199, NMSA 1978, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribe gratuities and kickbacks.

http://purchasing@cityofclovis.org

XV. PROPOSAL SCORING CRITERIA

The Evaluation Committee will score each proposal according to the following criteria.

Points

Possible

OVERALL EXPERIENCE OF COMPANY & DEMONSTRATED

RESULTS-History of company, experience as it relates to the requirements within this RFP, evidence of past performance, quality and relevance of past work, references, and related items (V. Proposal Organization-pg. 4)

BUDGET APPROACH/COST EFFECTIVENESS

Effective and efficient delivery of quality services is demonstrated in relation to the budget allocation. The allocation is reasonable and appropriate. (Attachment I-Submittal Sheet)

Total: 50

Attachments

Forms in this section must be filled in completely and submitted with your proposal as the last tab in each binder.

Attachment A: Proposer Questionnaire Attachment B: Discretionary Contracts Disclosure Attachment C: Campaign Contribution Disclosure Form Attachment D: Indemnification Requirements Attachment E: Signature Page Attachment F: Applicant/Bidder Qualifications Statement Attachment G: Non Collusion Affidavit Attachment H: References Attachment I: Submittal Sheet Attachment J: Sample Contract

PROPOSER QUESTIONNAIRE

ATTACHMENT A

GENERAL INFORMATION

1. Company Information: Provide the following information regarding your company.

Name/Name of Agency/Company:

Address

City: State: Zip Code:

Telephone No._____________________________ Fax No:

2. Contact Information: List the person who the City may contact concerning your proposal or setting dates for meetings.

Name:

Address:

City: State: Zip Code:

Telephone No._____________________________ Fax No:

Email: _____________________________________________________________________

3. Does your Company anticipate any mergers, transfer of organization ownership, management reorganization, or departure of key personnel within the next twelve (12) months that may affect the organization's ability to carry out its proposal?

Yes________ No________

4. Is your Company authorized and/or licensed to do business in New Mexico?

Yes________ No________

5. Where is the Company’s corporate headquarters located?

6. Local Operation: Does the Company have an office located in Clovis, New Mexico?

Yes________ No________

a. If the answer to the previous question is “yes”, how long has the Company conducted business from its Clovis office?

Years _______ Months_______

b. State the number of full-time employees at the Clovis office.

7. County Operation: If the Company does not have a Clovis office, does the Company have an office located in Curry County, New Mexico?

Yes________ No________

a. If the answer to the previous question is yes, how long has the Company conducted business from its Curry County office?

Years _______ Months_______

b. State the number of full-time employees at the Curry County office. _____________

8. Debarment/Suspension Information: Has the Company or any of its principals been debarred or suspended from contracting with any public entity?

Yes________ No_________

If yes, identify the public entity and the name and current phone number of a representative of the public entity familiar with the debarment or suspension, and state the reason for or circumstances surrounding the debarment or suspension, including but not limited to the period of time for such debarment or suspension.

9. Surety Information: Have you or the Company ever had a bond or surety canceled or forfeited?

Yes______ No______

If yes, state the name of the bonding company, date, amount of bond and reason for such cancellation or forfeiture.

10.Bankruptcy Information: Have you or the Company ever been declared bankrupt or filed for protection from creditors under state or federal proceedings?

Yes_________ No_________

If yes, state the date, court, jurisdiction, cause number, amount of liabilities and amount of assets.

11.Provide any other names under which your business has operated within the last 10 years.

Discretionary Contracts Disclosure

ATTACHMENT B

1. Identify any individual or business entity that is a party to the discretionary contract:

(2) Identify any individual or business entity which is a partner, parent or subsidiary business entity, of any individual or business entity identified above in Box (1):

☐No partner, parent or subsidiary; or

List partner, parent or subsidiary of each party to the contract and identify the corresponding party:

(3) Identify any individual or business entity that would be a subcontractor on the discretionary contract.

☐No subcontractor(s); or

List subcontractors:

(4) Identify any lobbyist or public relations firm employed by any party to the discretionary contract for purposes related to seeking the discretionary contract.

ATTACHMENT C

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to Chapter 81, Laws of 2006, any prospective contractor seeking to enter into a contract with any state agency or local public body must file this form with that state agency or local public body. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period.

THIS FORM 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 either 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.

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

“Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law.

“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.

“Person” means any corporation, partnership, individual, joint venture, association or any other private legal entity.

“Prospective contractor” means a person who is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person qualifies for a sole source or a 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.

25-0709-01 (Reissue) DISCLOSURE OF CONTRIBUTIONS:

Contribution Made By: __________________________________________

Relation to Prospective Contractor: __________________________________________

List of Applicable Public Officials: Mike Morris, Chris Bryant, Juan Garza, George Jones, Gail Tarson, Gene Porter, Helen Casaus, Debbie Zamora, Megan Palla

Name of Applicable Public Official: _________________________________________

Date Contribution(s) Made: __________________________________________

Amount(s) of Contribution(s) __________________________________________

Nature of Contribution(s) __________________________________________

Purpose of Contribution(s) __________________________________________

(Attach extra pages if necessary)

Signature Date

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.

Signature Date

Title (Position)

INDEMNIFICATION REQUIREMENTS

ATTACHMENT D

PROPOSER, if selected, covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS, the CITY and the elected officials, employees, officers, directors, volunteers and representatives of the CITY, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and property damage, made upon the CITY directly or indirectly arising out of, resulting from or related to PROPOSER’s, if selected, activities under this CONTRACT, including any acts or omissions of PROPOSER, if selected, any agent, officer, director, representative, employee, consultant or subcontractor of CONSULTANT, and their respective officers, agents, employees, directors and representatives while in the exercise of performance of the rights or duties under this CONTRACT, all without however, waiving any governmental immunity available to the CITY under New Mexico Law and without waiving any defenses of the parties under Texas Law. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY

SHALL APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES,

EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION,

LIABILITY AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF

CITY, THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND

REPRESENTATIVES OF CITY, UNDER THIS CONTRACT. The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. PROPOSER, if selected, shall advise the CITY in writing within 24 hours of any claim or demand against the CITY or PROPOSER, if selected, known to PROPOSER, if selected, related to or arising out of PROPOSER’s, if selected, activities under this CONTRACT and shall see to the investigation and defense of such claim or demand at PROPOSER’s, if selected, cost.

The CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving CONSULTANT of any of its obligations under this paragraph.

It is the EXPRESS INTENT of the parties to this CONTRACT, that the INDEMNITY provided for in this section, is an INDEMNITY extended by PROPOSER, if selected, to INDEMNIFY, PROTECT and HOLD HARMLESS, the CITY from the consequences of the CITY'S OWN NEGLIGENCE, provided however, that the INDEMNITY provided for in this section SHALL APPLY only when the NEGLIGENT ACT of the City is a CONTRIBUTORY CAUSE of the resultant injury, death, or damage, and shall have no application when the negligent act of the City is the sole cause of the resultant injury, death, or damage. PROPOSER, if selected, further AGREES TO DEFEND, AT ITS OWN EXPENSE and ON BEHALF OF THE CITY AND IN THE NAME OF THE CITY, any claim or litigation brought against the CITY and its elected officials, employees, officers, directors, volunteers and representatives, in connection with any such injury, death, or damage for which this INDEMNITY shall apply, as set forth above.

The provisions of this INDEMNIFICATION are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

PROPOSER, if selected, shall advise the CITY in writing within 24 hours of any claim or demand against the CITY or PROPOSER, if selected, known to CONSULTANT related to or arising out of contractor’s activities under this contract.

SIGNATURE PAGE

ATTACHMENT E

Check (✔) the box that indicates business structure of Proposer

◻ Individual or Proprietorship ◻ Partnership or Joint Venture ◻ Corporation

The undersigned certifies that (s)he is (title) of the Proposer entity named below; that (s)he is designated to sign this Proposal Form (if a Corporation then by resolution) for and on behalf of the entity named below, and that (s)he is authorized to execute same for and on behalf of and bind said entity to the terms and conditions provided for in the Proposal as required by this RFP, and has the requisite authority to execute an Agreement on behalf of Proposer, if awarded, and that the 11-digit Comptroller’s Taxpayer Number for the entity is:

New Mexico Taxpayer Number Employer Identification Number

Proposer Organization Name (DBA also required if Individual or Proprietorship)

By:

Printed Name: ________________________

Title: _______________________________

By:

(If Proposer is a Joint Venture, an authorized signature from a representative of each party is required)

Printed Name: ________________________

Title: _______________________________

By signature above, Proposer agrees to the following:

1. If awarded a contract in response to this RFP, the Proposer will be able and willing to comply with the insurance and indemnification requirements set out in the RFP.

2. If awarded a contract in response to this RFP, Proposer will be able and willing to comply with all representations made by Proposer in Proposer’s Proposal and during Proposal process.

3. Proposer has fully and truthfully submitted a Litigation Disclosure form with the understanding that failure to disclose the required information may result in disqualification of proposal from consideration.

4. Proposer agrees to fully and truthfully submit a Proposer Questionnaire and understands that failure to fully disclose requested information may result in disqualification of proposal from consideration or termination of contract, once awarded.

5. To comply with the State Procurement Code Ethics Code that prohibits a person or entity seeking a City contract - or any other person acting on behalf of such a person or entity - from contacting City officials or their staff prior to the time such contract is posted as a City Commission agenda item.

APPLICANT/BIDDER QUALIFICATION STATEMENT

ATTACHMENT F

(company name)

I __________________________________________________________, (printed name and title)

I __________________________________________________________, (printed name and title) of_____________________________________________________________________, (address)

(city, state) do hereby swear and affirm

I am eighteen years of age or older; and

I am a citizen of the United States or a permanent resident who has filed a declaration of intention to become a citizen or a representative of a group, association or corporation which is authorized to conduct business under the laws of New Mexico; and

I am not delinquent on any deposit or payment of any obligation to the Municipality of Clovis or any other Participating Entities; and

I am not currently in breach or default on any contract or lease involving services or products in which the Participating Entities has an interest in; and

That I am authorized to make decisions for my company and to make commitments on the company’s behalf.

I have not failed to perform under a contract or lease involving the Participating Entities in the previous five years and they have not acted to terminate the contract or lease or to initiate legal action.

(signature) (date)

(signature) (date)

Attachment G

NON-COLLUSION AFFIDAVIT

STATE OF ________________________________) ss:

COUNTY OF ______________________________-

CITY OF ________________________________________________________,-

Being first duly sworn deposes and says that he/she is the

_______________________________________________ of

(TITLE)

_______________________________________________________,-the Bidder which

(NAME OF PROPOSER/BIDDER)

has submitted to the City of Clovis, New Mexico a bid/proposal for

All as fully set forth in said bid/proposal; and that except as specified below, the aforementioned bidder constitutes the only person, firm or corporation having an interest in said bid or in any contract, benefit or profit which may, might or could accrue or grow out of the acceptance in whole or in part of said bid/proposal, said exceptions beings as follows:

Affiant further states that said bid/proposal is in all respects fair and is submitted without collusion or fraud; and that no member of the City Commission or officer or employee of said

City has direct or indirect interest in said Bid/Proposal.

AFFIANT

SWORN TO AND SUBSCRIBED BEFORE ME, A NOTARY PUBLIC IN AND FOR THE

ABOVE NAMED STATE AND COUNTY, this ______ day of _________________, 20____.

NOTARY PUBLIC

If None, the word “NONE” should be inserted.

Attachment H

RFP 25-0709-01 (Reissue)

REFERENCES

Reference #1:

First and Last Name:

Company (if applicable):

Phone Number:

Email:

Project size:

List services provided:

How many years of service provided?

Reference #2:

First and Last Name:

Company (if applicable):

Phone Number:

Email:

Reference #3:

First and Last Name:

Company (if applicable):

Phone Number:

Email:

Reference #4:

First and Last Name:

Company (if applicable):

Phone Number:

Email:

Submittal Sheet Attachment I

RFP 25-0709-01 (Reissue)

*Rate sheet shall be valid for the initial one-year period of the contract. Rates for any subsequent extension shall be negotiated at the time of the contract renewal/extension.

Item

SERVICE DESCRIPTION HOURLY

RATE

1 Removal of fencing, chain link, wire or wood, including post & concrete $ 2 Removal & dispose of misc. debris, trash, rubble, etc. $ 3 Removal & disposal of vegetation $ 4 Removal of trees 6” diameter or less $ 5 Removal of trees >6” to 14” diameter $ 6 Yard cleanup to include clearing weeds, brush, & debris $ Additional services not listed:

EQUIPMENT LIST Flat Rate 7 Tractor-Loader-Backhoe or Equivalent $ 8 Wheel Mounted Hydraulic Excavator or Equivalent $ 9 Skid Steer Loader (38HP) Or Equivalent $ 10 Highway Truck and Trailer (Flatbed/Cargo) $ 11 300 HP 4WD Articulated Wheeler Loader or Equivalent $ 12 Dump Truck $ 13 Manually Guided Vibratory Compactor $ 14 Forklift $ 15 Water Truck $ 16 Lawn Mower $ 17 Weedeater(s) $ 18 Edger(s) $ Additional equipment not listed-Please list below

REIMBURSEABLE EXPENSES Please list below (if applicable)

Flat Rate

CITY OF CLOVIS

(SAMPLE) Attachment J

CITY OF CLOVIS PROFESSIONAL, PERSONAL SERVICES,

CONSTRUCTION, AND PRODUCTS CONTRACT

THIS CONTRACT, dated this ___ day of ____________, 20____, by and between the City of Clovis, for the use and benefit of the City of Clovis, located at, 321 N. Connelly, Clovis , New Mexico, 88101 (“City”), and ____________________, located at ______________, Clovis, New Mexico, (“Contractor”). This contract applies to RFP 25-0709-01 (Reissue), “On-Call Property Abatement & Other Related Services (Mowing/Weed Abatement.”

FACTUAL RECITALS

A. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for encumbering and subsequent payment of this contract through the City of Clovis Finance Department.

B. Required approval, clearance and coordination have been accomplished from and with appropriate agencies.

C. Contractor’s bid was selected in accordance with New Mexico State Procurement Law Sections

13-1-28 through 13-1-199 NMSA and City of Clovis Ordinance 1830-2006 pursuant to the City’s issuance of RFP 25-0709-01.

D. Authority for the agency entering into this contract arises from City of Clovis Ordinances and New

Mexico State Statutes.

E. The City requires a letter of certification. Contractor is ready, willing and able to provide such services and goods, if applicable.

NOW THEREFORE, in consideration of and subject to the terms, conditions, provisions and limitations contained in this contract, the City and Contractor agree as follows:

AGREEMENT

1. Definitions The following terms as used in this contract shall be construed and interpreted as follows, unless the context otherwise expressly requires a different construction and interpretation:

1.1. “Compensation” means the funds payable to Contractor by the City which are related to the Goods and Services set forth in the Statement of Work set forth in Exhibit A, attached hereto and incorporated herein.

1.2. “Contract” means this contract for Goods and Services, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this contract, and any future modifying agreements, exhibits, attachments or references that are incorporated pursuant to City Fiscal Rules and Policies.

1.3. “Exhibit” means a statement of work document, schedule, budget, or other identified exhibit which has been incorporated into and attached to this contract.

1.4. “Goods” means anything that is produced or manufactured and that is obtained by the City, either in and of itself, or in conjunction with services.

1.5. “Services” means services performed or tangible material produced or delivered in the performance of services.

BASIC CONTRACT TERMS

2. Statement of Work 2.1 Contractor shall perform the Services and provide the Goods (if applicable) described in Exhibit A, Statement of Work-RFP 25-0709-01.

3. Performance Standard Contractor shall perform the Services and deliver the goods, if applicable, described in Exhibit A, Statement of Work, in accordance with the highest standard of care, skill and diligence provided by a professional person or company in performance of work similar to the Services, and all services, and all consumables, products, and materials used in performance of the Services shall be of good quality and free from faults and defects. Contractor warrants that (a) services or goods provided under this contract shall meet the description in Exhibit A, Statement of Work, (b) there are no pending or threatened suits, claims, or actions of any type with respect to the services or goods provided and (c) the services and goods shall be free and clear of any liens, encumbrances, or claims arising by or through Contractor or any party related to Contractor.

4. Performance Term

4.1. This contract shall be effective upon approval of bid, RFP, quote, or other procurement process by the

City Commission, authorized authority, or designee. The contract is effective on the date signed by all parties (the “Effective Date”) Performance of this contract shall commence as soon as practicable after the Effective Date and shall be undertaken and performed as set forth in Exhibit A, Statement of Work.

The term of the contract shall commence on the award date and after all parties have signed. The contract shall continue for a period of (3) three years not to exceed a total of

(4) four years, unless this contract is terminated or canceled as otherwise provided therein.

5. Compensation

5.1. Payment of compensation pursuant to this contract will be made as earned, in whole or in part, from available City funds encumbered in an amount(s) or payment schedule listed in Exhibit A, Statement of Work for the performance of the Services and acquisition of Goods required by this contract and Exhibit A, Statement of Work. Satisfactory performance under the terms of this contract shall be a condition precedent to the City’s obligation to compensate the Contractor.

5.2. The maximum compensation payable under this contract and under any renewal hereof, shall include all Contractor fees, costs and expenses.

5.3. The City shall not be liable to Contractor for payment of work or services or for costs or expenses incurred by Contractor prior to the “Effective Date”.

6. Availability of Funds This contract is contingent upon the continuing availability of City appropriations as provided in City of Clovis Budget Report. The City is prohibited by law from making fiscal commitments beyond the term of its current fiscal period. If Federal appropriations or grants fund this contract in whole or in part, the contract is subject to and contingent upon the continuing availability of appropriated Federal funds for this contract. If State of New Mexico or Federal funds are not appropriated, or otherwise become unavailable to fund this contract, the City may immediately terminate the contract in whole or in part without further liability.

PROCEDURES FOR AND OBLIGATIONS OF CONTRACT PERFORMANCE

7. Billing/Payment Procedure

7.1. The City shall establish billing procedures and pay Contractor the contract price or rate for Services performed, reviewed, and accepted or Goods delivered, inspected, and accepted pursuant to all the terms and conditions of this contract, including without limitation, performance, quality, milestones and completion requirements for payment set forth in Exhibit A, Statement of Work, and the City’s and/or the State’s inspections and acceptance under applicable laws and rules and section 8 of this contract. Contractor shall submit invoices for payment on forms and provide requested documentation in a manner prescribed or approved by the Purchasing Agent. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds encumbered for the purchase of the described Services and Goods. Incorrect payments by the City to Contractor due to omission, error, fraud, or defalcation shall be recovered from Contractor by deduction from subsequent payments under this contract or other contracts between the City and Contractor or collected as a debt due to the City.

7.2. Invoices and payments shall be mailed using the US Postal Service or other delivery service with a properly addressed stamped envelope to the address specified by the Contractor on form W-9 or other similar form and by the City in its billing procedures.

7.3. The City shall make payment in full with respect to each invoice within thirty (30) days of receipt thereof; provided that the amount invoiced represents Goods and/or Services which have been accepted by the City and the form of the invoice is acceptable to the Purchasing Office.

Uncontested amounts not paid by the City within thirty (30) days shall bear interest on the unpaid balance beginning with the thirty-first (31st) day at a rate of one percent (1%) per month until paid in full; provided, however, that no interest shall accrue with respect to unpaid amounts for which the City has delivered to Contractor notice…