Price Agreement for the Purchase of Hot Mix Asphalt

Agency: San Juan County
State: New Mexico
Type of Government: State & Local
NAICS Category:
  • 237310 - Highway, Street, and Bridge Construction
  • 324121 - Asphalt Paving Mixture and Block Manufacturing
Posted Date: Oct 30, 2019
Due Date: Nov 13, 2019
Solicitation No: BID 19-20-09
Bid Source: Please Login to View Page
Contact information: Please Login to View Page
Bid Documents: Please Login to View Page
Procurement # Description Pre-bid Bid Date File
BID 19-20-09 Price Agreement for the Purchase of Hot Mix Asphalt None 11/13/19 @ 3:00 pm BID 19-20-09 Price Agreement for Hot Mix

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BID NUMBER: 19-20-09
Jaime Jones
Contract Analyst
Phone: 505-334-4548
Fax: 505-334-4561
Bid Opening Date: November 13, 2019
Time: 3:00 PM (Local Time)
NIGP Code: 745.21 Hot Mix Asphaltic
Discounts will not be considered in computing
lowest/best bid.
FOB POINT: As Specified
Purchasing Department
213 S. Oliver Drive
Aztec, NM 87410
Only Bidders that complete and return the enclosed Acknowledgement of Receipt Form will
receive addendums, if issued.
This bid is subject to the Terms and Conditions shown on the following pages and any/all additional
Do not return Invitation to Bid Form in case of "No Bid".
Bid must be received in the County Purchasing Department Office by the Bid Opening Date and
Local Time as indicated above. Bids that are received after that date and time will not be
accepted, and will be returned to the sender unopened.
Bid Offers shall be made on unaltered Bid Offer Forms furnished by San Juan County. Faxed Bids
are not acceptable. Bids shall be submitted sealed. The outside package should clearly
identify the project name and bid number, bid opening date, and name of bidder. Submit Bid
Offer in accordance with the Invitation to Bid. Bidders may submit a Primary Bid and
Alternate Bid(s). Each Bid must be sealed separately and the outside package should be
clearly marked indicating if the Bid is Primary or Alternate.
Failure of bidders to complete bidding documents in accordance with all instructions provided is cause for
this office to reject bids.
Brand names and numbers are for reference only, equivalents will be considered. If bidding equivalent,
bidders must be prepared to furnish complete data to prove product meets or exceeds specifications of
the bid item.
BID NO.: 19-20-09
In acknowledgement of receipt of the above referenced Bid Packet, the undersigned agrees
that he/she has received a complete copy.
ADDRESS: ______________________________________________________________
CITY: _______________________ STATE: _____
ZIP CODE: _______________
PHONE NO.: ______________________
FAX NO.: ______________________
E-MAIL: ________________________________________________________________
Jaime Jones
Contract Analyst
(505) 334-4548
FAX (505) 334-4561
Faxed copies of the Acknowledgement of Receipt form will be accepted.
Faxed Bid responses will not be accepted.
(Unless otherwise specified)
GENERAL. When the County Chief Procurement Officer issues a purchase document in response to the
Vendors bid, a binding contract is created.
2. FORM OF SUBMISSION. Bid Offers shall be made on unaltered Bid Offer Forms furnished by San Juan
County. Bidders are requested to provide one (1) original Bid. The outside package should identify the
project name, bid number, bid opening date and name of bidder. Bidders may submit a Primary Bid and
Alternate Bid(s). Each bid must be sealed separately and the outside package should be clearly marked
indicating if the Bid is Primary or Alternate.
3. DEBARRED OR SUSPENDED CONTRACTORS. A business (contractor, subcontractor or supplier) that
has either been debarred or suspended pursuant to the requirements of §13-1-177 through §13-1-180, and
§13-4-11 through §13-4-17 NMSA 1978 as amended, shall not be permitted to do business with San Juan
County and shall not be considered for award of the contract during the period for which it is debarred or
4. VARIATION IN QUANTITY. No variation in quantity of any item called for in 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 elsewhere in this order.
A. Neither the order, nor any interest therein, nor claim thereunder, shall be assigned or transferred by the
Vendor, except as expressly authorized in writing by the County Chief Procurement Officer. No such
assignment or transfer shall relieve the Vendor from the obligations and liabilities under this order.
B. Vendor agrees that any and all claims for overcharge resulting from antitrust violations which are borne by
the County as to goods, services, and materials purchased in connection with this bid are hereby assigned
to the County.
6. DISCOUNTS. Prompt payment discounts will not be considered in computing the low bid. Discounts for
payment will be considered after the award of the contract. Discounted time will be computed from the date of
receipt of the merchandise or invoice, whichever is later.
7. INSPECTION. Final inspection and acceptance will be made at the destination. Supplies rejected at the
destination for nonconformance with specifications shall be removed, at the Vendor's risk and expense,
promptly after notice of rejection.
8. INSPECTION OF PLANT. The County Chief Procurement Officer may inspect, at any reasonable time, the
part of the contractor's, or any subcontractor's plant or place of business, which is related to the performance of
this contract.
9. LIABILITY. The Vendor agrees that San Juan County shall not be held liable for any costs incurred in
preparation of this bid.
10. COMMERCIAL WARRANTY. The Vendor agrees that the supplies or services furnished under this order
shall be covered by the most favorable commercial warranties the Vendor gives to any customer for such
supplies or services, and that the rights and remedies provided herein shall extend to the County and are in
addition to, and do not limit any rights afforded to the County by any other clause of this order. Vendor agrees
not to disclaim warranties fitness for a particular purpose of merchantability.
11. TAXES. The unit price shall exclude all County/State taxes. Wherever requested in bid response, Vendor
shall submit taxes on total bid as a separate unit. Bids shall be awarded on unit price without regard of tax.
A. The County's purchase document number and the Vendor's name, user's name and location shall be
shown on each packing and delivery ticket, package, bill of lading and other correspondence in
connection with the shipment. The user's count will be accepted by the Vendor as final and conclusive
on all shipments not accompanied by a packing ticket.
B. Upon delivery, the Vendor's invoice shall be submitted to Accounts Payable, 100 S. Oliver Drive, Aztec,
NM 87410, duly certified and shall contain the following information: Purchase order number,
description of supplies or services, quantities, unit prices and extended totals. Separate invoices shall
be rendered for each and every complete shipment.
C. In accordance with NMSA 1978, Section 13-1-158 (1997) of the New Mexico Procurement Code, the
Vendor may assess late payment charges on past due accounts (thirty days past receipt and
acceptance of the complete order of goods or services by the County) at the rate of one and one-half
percent (1½ %) per month of the unpaid balance. Paragraph C of this section also states that if
payment is made by mail, the payment shall be deemed tendered on the date it is postmarked.
13. DEFAULT. The County reserves the right to cancel all or any part of this order without cost to the County, if
the Vendor fails to meet the provisions of this order and, except as otherwise provided herein, to hold the
Vendor liable for any excess costs if failure to perform the order arises out of causes beyond the control and
without the fault or negligence of the Vendor, such causes include but are not restricted to acts of God or the
public enemy, acts of the State or Federal government, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes, unusually severe weather, and defaults of subcontractors due to any of the above, unless
the County shall determine that the supplies or services to be furnished by the subcontractor were obtainable
from other sources in sufficient time to permit the Vendor to meet the required delivery schedule. The rights and
remedies of the County 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.
14. NON-COLLUSION. In, signing this bid, the Vendor certifies that he/she has not, either directly or indirectly,
entered into any action in constraint of free competitive bidding in connection with this proposal submitted to the
Chief Procurement Officer.
15. NON-DISCRIMINATION. Vendors doing business with San Juan County must be in compliance with the
Federal Civil Rights Act of 1964 and Title VII of the Act, (Rev.,1979), and the Americans Disabilities Act of 1990.
(Public Law 101-336).
16. IN-STATE RESIDENT PREFERENCE. To be eligible for the 5% resident preference, the bidder shall
include a copy of their certificate with their bid and in-state resident preference number on the Bid Offer Page,
pursuant to Section 13-1-21 NMSA 1978. Each Bidder may obtain a New Mexico In-State Resident Preference
Certificate Number through the State of New Mexico, Department of Taxation and Revenue, 505-827-0951.
17. RESIDENT VETERANS PREFERENCE. To be considered for the 7, 8 or 10% resident veteran business
preference, the bidder shall complete the attached Resident Veterans Preference Certification form, include a
copy of their certificate with their bid and resident veteran preference number on the Bid Offer Page, pursuant to
Section 13-1-21 NMSA 1978. Each Bidder may obtain a Resident Veterans Preference Certificate Number
through the State of New Mexico, Department of Taxation and Revenue, 505-827-0951. This preference is
separate from the in-state preference and is not cumulative with that preference.
18. ITEM/EQUIPMENT CONDITION. All bid items are to be new and of most current production, unless
otherwise specified.
19. BEST PRICING CONDITION. The bid award does not preclude price changes if deemed beneficial to the
County. In recognition of market price fluctuation, Vendor agrees to provide bid items at best possible price to
SJC including any available discounts or special pricing that applies. Bid prices reflect the upper limit that
applies. Bid prices reflect the upper limit that may be charged for any particular item.
20. SAMPLES. Unless otherwise indicated in the bid specifications, samples of the items-when required-shall
be furnished free of expense to the County prior to the time set for the opening of bids. Samples not destroyed
or mutilated in testing will be returned upon request by mail-express or freight-COLLECT. Each sample must be
labeled to clearly show the bid number, item number and bidders name-regardless of any attempt by bidder to
condition the bid. Unsolicited bid samples or descriptive literature which are submitted at the bidder's risk, will
not be examined or tested, and will not vary from any of the provisions of the Invitation to Bid.
21. BID AWARD. San Juan County is not obligated to award to lowest bidder, but reserves the right to accept
and/or reject any and all bids, in whole or in part, to waive technical irregularities, and to award to the bidder
whose bid is deemed to be in the best interest of the County. The County reserves the right to waive minor
irregularities and also reserves the right to waive mandatory requirement(s) so long as all responding vendors
fail to meet the mandatory requirement(s) and the failure to do so does not otherwise materially effect the
Determination of lowest bidder:
Following determination of product acceptability, if any is required, bids will be evaluated to determine which bidder
offers the lowest cost to the County in accordance with specifications, terms, & conditions set forth. The County
reserves the right to award this Invitation to Bid in total; by groups of items; on the basis of individual items; or any
combination of these; or as otherwise specified in bid terms. Alternate Bids may be considered so long as the
Primary Bid submitted is the lowest bid meeting the specifications and requirements. Bidders may submit a Primary
Bid and Alternate Bid(s). Each bid must be sealed separately and the outside package should be clearly marked
indicating if the Bid is Primary or Alternate.
22. RIGHT TO DISCONTINUE PROCUREMENT. The County reserves the right to cancel this INVITATION
TO BID at any time, and to reject any or all bids, or otherwise to proceed in the best interests of the County.
This in no manner obligates the County or any of its agencies to the eventual purchase of any product or
service, whether explicitly described or implied herein, until confirmed by a written contract and/or Purchase
23. FOB DESTINATION. Destination: Means goods are to be delivered to the destination identified in the
Purchase Order by the user, which is the point at which the user accepts ownership or title to goods. Laws of
New Mexico specifically prohibit acceptance of ownership of goods in transit. ANY exception to FOB
Destination may cause a bid to be declared non-responsive.
24. INSURANCE REQUIREMENTS. Contractor shall carry and maintain insurance from an insurance
company or companies with a Best Rating of A, or better, authorized to do business in the State of New Mexico
in the following amounts:
*(Construction, Services, or Installation Only)
General Liability - $1,000,000 CSL
(Combined Single Limits)
Auto Liability - $1,000,000 CSL
(Combined Single Limits)
Workers Compensation Statutory limits pursuant to the New Mexico Workers Compensation Act.
The certificate shall specifically provide that the coverage afforded under the policy or policies will not be
cancelled or be materially changed until prior written notice has been given to the County. The County shall be
named as additional insured on the General Liability Insurance policy. The Contractor shall supply a copy of
the appropriate certificates of insurance to the County for each year in which the contract is in effect.
25. LATE BIDS. Any bid received after the specified time and date will be declared a "Late Bid" and will NOT
be considered.
A. To preclude possible errors and/or misinterpretations, bid prices must be affixed LEGIBLY in ink, or
typewritten. Corrections or changes must be signed or initialed by bidder prior to scheduled bid
opening. Failure to do so will be just cause for rejection of bid. The Bid shall be stated in both numerals
and written words. In case of discrepancies, the amount in written words shall govern.
B. Clarifications and questions must be addressed to the County Chief Procurement Officer in sufficient
time to provide a written response to all prospective bidders.
C. Bids may be withdrawn upon receipt of written request, prior to scheduled bid opening for the purpose
of making any corrections and or changes. Such corrections must be properly identified and signed or
initialed by bidder. Resubmittal must also be prior to scheduled bid opening for consideration.
D. After bid opening, no modifications on bid prices or other provisions shall be permitted. A low bidder
alleging a material mistake of fact-after bids have been opened-may be permitted to withdraw the bid
upon written request prior to award at the discretion of the County Chief Procurement Officer. Bidders
shall hold their bid pricing for thirty (30) days after bid opening.
E. Specifications on the bid are not meant to exclude any bidder or manufacturer. Where a brand name or
equal is indicated, it is for the purpose of describing the standard of quality, performance, and
characteristics desired and are NOT intended to restrict competition. "No Substitute" specifications may
be authorized ONLY if required to match existing equipment.

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