INVITATION TO BID:
BID NUMBER: 19-20-20
PRICE AGREEMENT FOR THE
PURCHASE OF SURFACE TREATMENT
Public Works Department
BID OPENING DATE: May 7, 2020
TIME: 3:00 PM (Local
NIGP Service/Commodity Code: 750.35
REQUIRED DELIVERY: As Specified Below
FOB POINT: As Specified Below
Return Sealed Bids to:
SAN JUAN COUNTY
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.
THE PROCUREMENT CODE SECTIONS 13-1-28 THROUGH 13-1-99 NMSA 1978, IMPOSES CIVIL
AND CRIMINAL PENALTIES FOR ITS VIOLATION. IN ADDITION, THE NEW MEXICO CRIMINAL
STATUTES IMPOSE FELONY PENALTIES FOR BRIBES, GRATUITIES AND KICKBACKS.
ACKNOWLEDGEMENT OF RECEIPT FORM
BID NO.: 19-20-20
TITLE: PRICE AGREEMENT FOR THE PURCHASE OF SURFACE
9 PAGES (INCLUDING ACKNOWLEDGEMENT FORM)
NOTE: ONLY POTENTIAL BIDDERS WHO COMPLETE AND RETURN
THIS FORM WILL RECEIVE COPIES OF ADDENDUMS, IF ISSUED.
In acknowledgement of receipt of the above referenced Bid Packet, the undersigned agrees
that he/she has received a complete copy.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
PRINTED NAME OF AUTHORIZED REPRESENTATIVE
CITY: _______________________ STATE: _____
ZIP CODE: _______________
PHONE NO.: ______________________
FAX NO.: ______________________
SAN JUAN COUNTY
FAX (505) 334-4561
Faxed copies of the Acknowledgement of Receipt form will be accepted.
Faxed Bid responses will not be accepted.
TERMS AND CONDITIONS
(Unless otherwise specified)
GENERAL. When the 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.
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 suspended.
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
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 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
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 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
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.
12. PACKING, SHIPPING and INVOICING.
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
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
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
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 10% resident veteran
business preference, the bidder shall 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
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
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
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.
26. SPECIAL INSTRUCTIONS.
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 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
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 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.