This is a service / maintenance or supply contract in Santa Fe, New Mexico. Contact the soliciting agency for additional information.

Question Submission Close Date 1/6/2022 2:00 PM MST Establish a price agreement for Abatement of Abandoned Homeless Camps on the New Mexico Department of Transportation (NMDOT) right-of-way (ROW). The work consists of the dismantling, removal and cleanup of abandoned homeless camps at bridge overpasses/underpasses, open/outdoor areas, concrete box culverts, and pipe culverts within NMDOT right-of-way. This price agreement includes all materials, labor and equipment required to complete the work as per the specifications contained herein. All work performed under this contract shall meet the specifications as set forth in this price agreement, and all applicable New Mexico Department of Transportation Standard Specifications for Highway and Bridge Construction, special provisions, standard drawings and supplemental specifications(current edition). They are available on the NMDOT nd they are available for purchase at the General Office Financial Control Section (505) 469-4983. The Contractor shall perform, with its own organization, at least 40% of the work based on the total purchase order amount and comply with section 108.1 of the New Mexico Department of Transportation Standard Specifications for Highway and Bridge Construction, current edition. Terms of Price Agreement: The term of this agreement shall be for one (1) year from date of award with an option to extend for up to three (3) additional one (1) year periods, by mutual agreement of all parties and approval of the New Mexico State Purchasing Agent at the same price, terms and conditions. This Price Agreement shall not exceed four (4) years. Performance, Payment and Material Bonds: Upon the issuance of a purchase order, the successful awarded Contractor(s) must provide a performance bond, payment and materials bond equal to 100% of the total purchase order. Said bonds must be provided to the requesting District Engineer or their designee prior to the commencement of work. Failure to comply shall result in the purchase order being issued to another Contractor and difference being charged back to the awarded Contractor(s). The performance bond is to secure the NMDOT for losses and damages sustained by reason of default by Contractor. A payment bond is to guarantee that subcontractors and material suppliers on the project will be paid. The materials bond is to guarantee availability of equipment and acceptance of product. Tax Note: Price shall not include State Gross Receipts or Local Option Tax. Taxes shall be added to the purchase order and invoice at current rates as a separate item to be paid by the NMDOT. Bidding Information: The conditions and specifications set out in the invitation to bid are inseparable and indivisible. Any Contractor, by submitting a bid, agrees to be bound by all such conditions and/or specifications. All conditions and specifications in the invitation to bid, and all other documents required to be submitted, shall be returned by the contractor in their bid package. Failure to do so or any attempt to vary or change the conditions or specifications of the invitation to bid shall, at the discretion of the State of New Mexico, constitute grounds for rejection of the entire bid. The prices quoted herein represent the total compensation to be paid by the State of New Mexico for goods and/or services provided. It is understood that the party providing said goods and/or services to the State of New Mexico is responsible for payment of all costs of labor, equipment, tools, materials, federal taxes, permits, licenses, fees, and any other items necessary to complete the work provided. The prices quoted in this price agreement include an amount sufficient to cover such costs. Show the amounts for the respective bid item unit prices to a maximum of three (3) decimal places. Truncate additional decimal places in excess of three (3). The Contractor shall be considered an independent Contractor and not an employee of the State of New Mexico. The NMDOT shall provide direction regarding the time and place of performance and compliance with rules and regulations required by this price agreement. Bid Review: NMDOT shall perform a bid analysis of all bids received for price agreements requiring the technical expertise of an engineer. This includes a determination of qualification in accordance with the technical standards and requirements of the price agreement. The analysis and recommendation for award will be sent to State Purchasing for final determination. Method of Award: Method of award shall be to one or more Contractors for each district. Items shall be awarded to one or more Contractors per district, but not to exceed three (3) Contractors per district. This price agreement may be awarded to one (1) or more Contractors, as follows: Items 001 to 015 - District One Items 016 to 030 - District Two Items 031 to 045 - District Three Items 046 to 060 - District Four Items 061 to 075 - District Five Items 076 to 090 - District Six For a bid to be considered for award to a district, prices must be submitted for all items for that district. Failure to do so will result in the bid being deemed irregular and rejected from consideration for award to that district. Utilization of Contractors: The following procedure for the utilization of Contractors shall be used on multiple award price agreements. 1. The selection of a Contractor from a multiple award price agreement to complete a project shall be based on the purchase order utilizing pricing contained within this price agreement. 2. The District Engineer or their designee shall evaluate the estimated quantities, unit costs, total costs per item, and total project costs for each awarded contractor. 3. The contractor selected to perform the work on the project shall be the Contractor providing services for the specific project estimate at the lowest overall cost to the NMDOT and able to meet all project delivery requirements including project schedule. A Contractor not offering the lowest cost to the NMDOT can be used for the specific project if the Contractor providing the lowest overall cost is unable to meet all project requirements as determined and documented by the District Engineer or their designee. Any changes to the original purchase order will require a modification form signed by the District Engineer or their designee. All supporting documentation shall be maintained in the project file. Public Works Minimum Wage Act: This is a Public Works Price Agreement subject to the provisions of the Public Works Minimum Wage Act, Section 13-4-11 through 13-4-17, et. Seq. NMSA 1978 as amended. Minimum Wage Rates as determined and published by the New Mexico Department of Workforce Solutions (NMDWS), Santa Fe, New Mexico shall be in effect and utilized by the Contractor during the life of this Price Agreement. If a Contractor or Subcontractor is willfully paying employees covered by the Public Works Minimum Wage Act, lower rates than required, the Contractor or subcontractor may lose their right to proceed with the work. Price Agreement Order: For projects over $60,000.00 where a purchase order has been issued, a Wage Rate Decision number must be requested by the NMDOT. The Wage Rate Decision number can be obtained through the New Mexico Department of Work Force Solutions, Public Works Section. NMDOT must be registered through the Public Works website that can be accessed. The Contractor Agrees To: A. Provide competent supervision and skilled personnel to perform all work covered by this price agreement. B. Comply with all local, state, and federal laws governing safety, health and sanitation. The Contractor shall provide all safeguards, safety devices and protective equipment, and take any other needed actions necessary to protect the safety and health of employees on-the-job, the safety of the public, and to protect property in connection with the performance of the work covered by the price agreement. C. Indemnify and hold harmless The State of New Mexico, its officers and employees, against liability, claims, damages, losses and/or expenses arising out of bodily injury to persons or damage to property caused by, or resulting from, contractor's and/or its employees, own negligent act(s) or omission(s) while Contractor, and/or its employees, perform(s) or fails to perform its obligations and duties under the terms and conditions of this price agreement. This hold harmless and indemnification clause is subject to the immunities, provisions and limitations of the tort claims act (41-4-1, et seq., NMSA 1978 comp.) and section 56-7-1 NMSA 1978 comp. and any amendments thereto. It is specifically agreed between the parties executing this price agreement that it is not intended by any of the provisions of any part of the price agreement to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the price agreement to maintain a suit(s) for wrongful death(s), bodily and/or personal injury(ies) to person(s), damage(s) to property(ies) and/or any other claim(s) whatsoever pursuant to the provisions of this price agreement. D. Comply with state laws and rules pertaining to worker's compensation insurance coverage for its employees. If the Contractor fails to comply with the Worker's Compensation Act and applicable rules when required to do so, the purchase order may be cancelled effective immediately. E. Be responsible for all cleanup work on the project site and at the equipment storage areas prior to the final inspection and acceptance. Insurance Requirements: The Contractor shall procure and maintain at the Contractors expense insurance of the kinds and in amounts herein provided. 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 price agreement, whether performed by the Contractor, the Contractor's agents or employees or by Sub-Contractors. 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 Sub-Contractors therefrom. (A) Public Liability and Automobile Liability Insurance 1. General Liability: bodily injury liability and property damage liability insurance applicable in full to the subject project shall be provided in the following minimum amounts: Bodily Injury Liability: $1,000,000 each person; $2,000,000 each occurrence (annual aggregate) Property Damage Liability: $2,000,000 each occurrence (annual aggregate) a. The policy to provide this insurance is to be written on a Comprehensive General Liability Form or Commercial General Liability Form which must include the following: 1. Coverage for liability arising out of the operation of independent Contractors 2. Completed operation coverage 3. Attachment of the Broad Form Comprehensive General Liability Endorsement b. In the event that the use of explosives is a required part of the price agreement, the Contractor's insurance must include coverage for injury to or destruction of property arising out of blasting or explosion. c. In the event that a form of work next to an existing building or structure is a required part of price agreement, the Contractor's insurance must include coverage for injury to or destruction of property arising out of: 1. The collapse of or structural injury to building or structures due to excavation, including burrowing, filling or backfilling in connection therewith, or to tunneling, cofferdam work or caisson work or to moving, shoring, underpinning, razing or demolition of building or structures or removal or rebuilding of structural supports thereof. d. Coverage must be included for injury to or destruction of property arising out of injury to or destruction of wires, conduits, pipes, mains, sewers or other similar property or any apparatus in connection therewith below the surface of the ground. If such injury or destruction is caused by or occurs during the use of mechanical equipment for the purpose of excavating, digging, or drilling, or to injury to or destruction of property at any time resulting there from. 2. Automobile liability insurance coverage for the Contractor (whether included in the policy providing general liability insurance or in a separate policy) must provide liability for the ownership, operation and maintenance of owned, non-owned, and hired cars. The limits of liability for automobile liability insurance shall be provided in the following amounts: Bodily Injury Liability: $1,000,000 each person; $2,000,000 each occurrence (annual aggregate) Property Damage Liability: $2,000,000 each occurrence (annual aggregate) (B) Worker's compensation insurance: The Contractor shall also carry Worker's Compensation Insurance or otherwise fully comply with provisions of the New Mexico Workman's Compensation Act and Occupational Disease Disablement Law. If the Contractor is an "owner-operator" of such equipment, it is agreed that the State of New Mexico assumes no responsibility, financial or otherwise, for any injuries sustained by the "owner-operator" during the performance of said price agreement. (C) Certificate of Insurance/Department as Additional Insured: The Contractor being awarded Price Agreement shall furnish evidence of Contractor's insurance coverage by a Certificate of Insurance. The Certificate of Insurance shall be submitted prior to award of the Price Agreement. The Contractor shall have the New Mexico Department of Transportation named as an additional insured on the Comprehensive General Liability Form or Commercial General Liability Form furnished by the Contractor pursuant to Paragraph (A) 1 and (A) 2, of this subsection. The Certificate of Insurance shall state that the coverage provided under the policy is primary over any other valid and collectible insurance. The Certificate of Insurance shall also indicate compliance with these specifications and shall certify that the coverage shall not be changed, cancelled or allowed to lapse without giving the NMDOT thirty (30) days written notice. Also, a Certificate of Insurance shall be furnished to the New Mexico Department of Transportation on renewal of a policy or policies as necessary during the terms of this price agreement. The NMDOT shall not issue a notice to proceed until such time as the above requirements have been met. (D) Umbrella Coverage: The insurance limits cited in the above paragraphs are minimum limits. This specification is no way intended to define what constitutes adequate insurance coverage for individual Contractor. The NMDOT will recognize following form excess coverage (Umbrella) as meeting the requirements of Subsection (A) 1.a of this price agreement, should such insurance otherwise meet all requirements of such subsections. (E) Other Required Insurance: The Contractor shall procure and maintain, when required by the NMDOT form and types of bailee insurance such as, but not limited to, builder's risk insurance, Contractor's equipment insurance, rigger's liability property insurance, etc. In an amount necessary to protect the NMDOT against claims, losses, and expenses arising from the damage, disappearance or destruction of property of others in the care, custody or control of the Contractor, including property of others being installed, erected or worked upon by the Contractor, his agents, or Sub-Contractors. (F) Railroad Insurance: In the event that railroad property is affected by the subject price agreement, the Contractor, in addition to the above requirements, shall be required to furnish a Railroad Protective Liability policy in the name of the railroad company involved. In addition, on those rails that are used by the National Railroad Passenger Corporation (NRPC), the Contractor will also obtain a Railroad Protective Liability Policy in the name of NRPC. The limits of liability for the Railroad Protective Liability Policy (or policies) must be negotiated with the railroad company on a hazard and risk basis. In no event will the limits exceed the following: Bodily Injury Liability, Property Damage Liability: $2,000,000 each occurrence Liability and Physical Damage to Property: $6,000,000 aggregate The limits of liability stated above apply to the coverage's as set forth in the Railroad Protective Liability Endorsement Form, subject to the terms, conditions, and exclusions found in the form. The policy must afford coverage as provided in the Standard Railroad Protective Liability Endorsement (AASHTO Form). The conditions listed in the above paragraphs are an integral part of this bid and shall be the conditions regulating the performance of any price agreement between the Bidder and the State of New Mexico and any Commission, Divisions, or Department thereof. SPECIFICATIONS FOR ABATEMENT OF HOMELESS ABANDONED CAMPS General: The Contractor shall provide homeless camp abatement and cleanup services. This includes providing all labor and expertise for surveying, documenting, collecting, cleanup, removal and disposal services of campsites. The Contractor shall employ and utilize personnel trained to identify and protect themselves and the environment from hazards encountered during the abatement work. The Contractor will be required to remove and dispose of vegetation from within the work site area, as identified in the pay items, in order to gain access to camp sites. All removal and disposal of liter, debris and biohazard material shall comply with all state and federal legal and environmental requirements. Assessment, Cleaning & Disinfecting Site: It is the Contractor's responsibility to conduct a pre-cleanup site assessment to determine manpower and equipment needed. The Contractor shall follow best practice work procedures to safely collect and dispose of all materials found on the job site, including but not limited to liter, debris, feces, personal hygiene items, syringes, and other materials that could pose a health threat. The Contractor shall immediately contact the local police department if weapons or illegal contraband are found. The Contractor shall provide an OSHA-compliant Biohazard Sharps Container for needles and razor blades found at campsites. Campsite abatement and cleanup at bridge overpasses/underpasses shall extend 50 feet beyond the abutments and shall encompass the area between abutments, to include median locations if applicable. Additionally the cleanup area shall include a 50 foot swath on both sides of the bridge overpasses/underpasses as perceived from the edge of the roadway shoulder. If biohazard materials such as feces, urine, blood or other bodily fluids are encountered on the concrete surfaces within the cleanup site, to include but not limited to abutments, piers, and slope blankets, these locations shall be cleaned and disinfected. In situations where there is extreme biohazard contamination concerns, the use of a power wash may be required. The District Engineer or their designee will make the determination if a power sprayer is required, and the pay item for power sprayer will be added to the purchase order. Campsite abatement and cleanup at open/outdoor areas shall include sidewalks, curb, gutter, roads, playgrounds, benches, and all applicable portions of the campsite to be cleaned. Additionally, the cleanup area shall extend to the edge of the NMDOT ROW when applicable. If biohazards such as feces, urine, blood or other bodily fluids are encountered on the concrete and/or asphalt surfaces within the cleanup site, to include but not limited to sidewalks, curbs and roadways, these locations shall be cleaned and disinfected. In situations where there is extreme biohazard contamination concerns, the use of a power wash may be required. The District Engineer or their designee will make the determination if a power sprayer is required and the pay item for power sprayer will be added to the purchase order. Camp site abatement and cleanup at concrete box culverts & pipe culverts shall include the entire length of the culvert/pipe, headwalls, wing walls, and aprons when applicable. Additionally the area for cleanup extends from the edge of the culvert to the NMDOT ROW fence and 50 feet left and right of the culvert/pipe and/or end of the wing walls when applicable. If biohazards such as feces, urine, blood or other bodily fluids are encountered on the concrete surface within the cleanup site, to include but not limited to around wing walls, headwalls, slope blankets, or aprons, these locations shall be cleaned and disinfected. In situations where there is extreme biohazard contamination concerns, the use of a power wash may be required. The District Engineer or their designee will make the determination if a power sprayer is required, and the pay item for power sprayer will be added to the purchase order. All disposal fees for the removal of debris, bio waste, sharps, and other hazardous substances and materials shall be the responsibility of the Contractor and is incidental to the Lump Sum pay Items. Biohazard Material Handling: OSHA has developed specific protocols for lowering worker risk associated with the cleanup of biohazardous waste itself. The requirements, under this price agreement, for cleaning up biohazardous waste should be in line with the OSHA Blood Pathogens Standard. The Contractors shall have a Standard Exposure Control Plan in place for employees exposed to blood, bodily fluids, and other biological materials. The Contractor's employees who face this type of exposure shall implement and monitor an Exposure Control Plan. Contractor's employees performing the camp site abatement and cleanup shall be provided proper training in handling and disposal of hazardous materials. The site supervisor shall be knowledgeable in handling and disposal of hazardous materials with minimum class training and certifications in Blood Borne Pathogen Safety in the Work Place and Hazardous Communication. Upon request by the Agency, the Contractor shall provide copies of any relevant training records and certifications required to perform this work. All Contractors employees on site are required to have current hepatitis vaccinations. Upon request by the Agency, proof of current vaccination shall be provided. Personal Protective Equipment (PPE) Requirements: The minimum PPE requirements for work done under this price agreement, require that all employees working on site utilize a Tyvek Disposable Coverall with open-ended wrists/ankles, Nitrile disposable gloves with leather gloves placed over them, protective eyewear, face masks and steel toed boots. Hand sanitizer shall be available at the work site with easy access to all Contractor's employees. Method of Measurement and Payment All quantities are to be measured by the District Engineer or their designee and shall be considered to be final. All payments will be made on this basis. Lump Sum Items - The abatement and cleaning of sites is paid as a lump sum and shall include all labor and equipment needed for cleanup, collecting, removal, and disposal services. Surveying and documenting of site abatement will also be included under the lump sum items. The following requirements are part of and included under the lump sum items. . Work shall consist of clean up and proper disposal of all biohazardous materials, human waste, garbage, general debris, constructed temporary shelters, and other items associated with homeless camps. . The Contractor shall provide all labor, materials, tools, protective clothing, equipment and supplies required to remove homeless camps. . The Contractor shall provide a crew sufficient to clear and clean the site properly. . The Contractor is responsible for the supervision/management of its crew and ensures that all necessary safety procedures are followed. . The Contractor shall separate debris, biological waste, sharps, and other hazardous materials by using proper containers for storage and transport. An OSHA-compliant biohazard sharps container for needles and razor blade pickup shall be utilized. . The Contractor shall remove, transport, and dispose of all debris, biological waste, sharps, and other hazardous substances and materials to proper collections sites (Landfill, Hospitals, County hazardous collection site) while insuring they meet all applicable laws. . The Contractor shall photograph the encampment site before and after the cleanup to document the condition of the homeless camp site. This documentation shall be provided to the NMDOT electronically upon request. . The Contractor shall ensure that personnel working on the site are properly trained and provided copies of training records and certifications as applicable to these abatement services as described in this price agreement. . Mobilization of equipment and man power shall be included as part of the Lump Item. Power Sprayer - The power washer shall be a self-contained commercial pressure washer system w/500 gallon water tank, with a minimum required 10,000 cleaning units (CU). The cleaning units are determined by multiplying the pressure by gallons per minute. For example, a power washer operating at 2500 psi, and 4 GPM produces 10,000 cleaning units. Backhoe/Loader - The equipment requirements for Backhoe/Loader require it to be a dedicated four-wheel with a minimum operating weight of fifteen thousand (15,000) pounds. The multiuse bucket on the front end loader must have a minimum capacity of 1.5 yd3. The Backhoe shall be equipped with a 2-lever joy-stick control with an electric/hydraulic pilot-operated control system (no cables or rods) with a minimum Bucket Size of 6.4 ft3 and a 21.8 ft. extended reach and 18.0 ft. retracted reach from the center of Swing Pivot. Finally the cab shall be a completely enclosed ROPS/FOPS certified protective cab with tinted glass. Traffic Control - The Contractor shall abide with the New Mexico Department of Transportation Standard Specifications for Highway and Bridge Construction, special provisions and supplemental specifications, Section 700 on traffic control devices and with the Manual of Uni-form Traffic Control Devices current edition, Part 6 - Temporary Traffic Control. The Contractor shall submit a traffic control plan to the District Engineer or their designee two (2) weeks prior to actual work commencing. The Traffic control plan shall include the proposed signing, location of signs and location and type of all traffic channelization devices to be utilized for shoulder or lane closures. The traffic plan must be approved by the Traffic Engineer or their designee prior to the beginning of operations. No night time operations will be allowed. The Contractor shall remove or cover temporary signing that is required during nonworking hours and night-time hours. At least one lane shall remain open to traffic when working on two lane road and roadways shall be reopened to traffic during night-time or nonworking hours. Quantities The approximate quantities for each item are estimated and are for bidding purposes only. Actual requirements will be as determined by the District Engineer or their designee and quantities may be increased or decreased as necessary to meet actual field requirements. The State of New Mexico does not guarantee any amount of work. Payments and Invoicing Within fifteen (15) days after the date the NMDOT receives written notice from the Contractor that payment is requested for services, construction or items of tangible personal property delivered on site and received, the NMDOT shall issue a written certification of complete or partial acceptance or rejection of the services, construction or items of tangible personal property. If the NMDOT finds that the services, construction or items of tangible personal property are not acceptable, it shall, within thirty (30) days after the date of receipt of written notice from the Contractor that payment is requested, provide to the Contractor a letter of exception explaining the defect or objection to the services, construction or delivered tangible personal property along with details of how the Contractor may proceed to provide remedial action. Upon certification by the NMDOT that the services, construc-tion or items of tangible personal property have been received and accepted, payment shall be tendered to the Contractor within thirty (30) days after the date of certifica-tion. If payment is made by mail, the payment shall be deemed tendered on the date it is postmarked. 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 purchase order to the Contractor at the rate of one and a half (1 1/2 ) percent per month. Final payment shall be made within thirty (30) days after the work has been approved and accepted by the NMDOT's Secretary or their duly authorized representative. The Contractor agrees to comply with state laws and rules pertaining to worker's compensation insurance coverage for its employees. If Contractor fails to comply with the workers' compensation act and applicable rules when required to do so the purchase order may be canceled effective immediately. Invoice To: New Mexico Department of Transportation District One 2912 E. Pine St. Deming, N.M. 88030 New Mexico Department of Transportation District Two 4505 West Second St. PO. Box 1457 Roswell, N.M. 88202-1457 New Mexico Department of Transportation District Three 7500 East Frontage Road PO. Box 91750 Albuquerque, NM 87109-3768 New Mexico Department of Transportation District Four 28 Bibb Industrial Dr. PO. Box 10 Las Vegas, NM 87701-0030 New Mexico Department of Transportation District Five 7315 Cerrillos Road PO. Box 4127 (Coronado Station) Santa Fe, NM 87502-4127 New Mexico Department of Transportation District Six 1919 Pinon Drive PO. Box 2159 Milan, NM 87021-2159