Fuel Dispensers and Related Equipment – NMDOT State-Wide

09 March 2022 Fuel Dispensers and Related Equipment – NMDOT State-Wide Establish a price agreement to furnish and install Fuel Dispensers and Related Equipment for various locations throughout the state of New Mexico for the NMDOT. 09 March 2022 Released 3/3/2022 12:00 AM MST Type Invitation to Bid - Agency Price Agreement Open 3/3/2022 8:00 AM MST Number 20-80500-22-16919 Close 3/18/2022 2:00 PM MDT Currency US Dollar Sealed Until 3/18/2022 2:00 PM MDT Payment Terms 0% 0, Net 30 09 March 2022 Contacts Karen G Acosta Gonzalez karen.acosta-gonzal@state.nm.us 09 March 2022 Commodity Codes Commodity Code Description 72004 Automatic Fueling Systems, Accessories and Parts 72020 Control Devices for Motor Fuel Dispensing/Security/Management 72033 Gasoline, Compressed Natural Gas (CNG), Liquefied Petroleum Gas (LPG), and Diesel Fuel Pumps, Service Station Type 91439 Facility Fuel Systems 09 March 202209 March 202209 March

2022 mailto:karen.acosta-gonzal@state.nm.us Establish a price agreement to furnish and install Fuel Dispensers and Related Equipment, such as credit card readers, tank-monitoring systems and installation and repair of any fuel service station items for various locations throughout the state of New Mexico for the New Mexico Department of Transportation (NMDOT). Terms: The term of this price agreement shall be one (1) year from date of award with the option to extend for a period of three (3) additional years, on a year-to-year basis, by mutual agreement of both parties and the approval of the New Mexico State Purchasing Agent at the same terms and conditions. This agreement shall not exceed four (4) years. Contractor Note: No person shall act as a contractor without a license issued by the Construction Industries Division (CID) classified to cover the type of work to be undertaken. No bid on a contract shall be submitted unless the Contractor has a valid license issued by the Construction Industries Division (CID) to bid and perform the type of work to be undertaken, §60-13-12, NMSA 1978. Contractor’s License No. Contractor Agrees to: A. Furnish all equipment, material, labor and tools, required to perform the work specified. B. Is responsible for all clean-up of materials at the job site resulting from the performance of any work. C. Provide competent supervision and skilled personnel to carry on all work in progress. D. Comply with all applicable codes and regulations pertaining to work performed and materials used. E. Provide all safeguards, safety devises and protective equipment, and take any other needed actions necessary to protect the life and health of employees on-the-job, the safety of the public, and to protect state property in connection with the performance of the work covered by the contract. F. Limit use of the premises to the work indicated. Confine operations at the site to the areas permitted. Portions of the site beyond areas on which work is indicated are not to be disturbed. G. Is responsible for loading/unloading all materials required to perform the work in this contract. Contractor will schedule deliveries to minimize long-term storage at the project point. Tax Note: Price shall not include state gross receipts tax or local option tax(es). Such tax or taxes shall be added at time of invoicing at current rate and shown as a separate item to be paid the by user. The prices quoted herein represent the total compensation to be paid by the State for goods and/or services provided. It is understood that the party providing said goods and/or services to the state is responsible for payment of all costs of labor equipment, tools, materials, federal tax, permits, licenses, fees, and any other items necessary to complete the work provided the prices quoted in this contract include an amount sufficient to cover such cost. Vendor(s) bidding on this price agreement shall furnish written approval by: EID, state, county and/or City Fire Marshall prior to any jobs accepted after award of this price agreement, as required. Description Successful vendor(s) shall provide to the NMDOT a copy of any inspection’s reports/permits completed by any local officials/agency as approval for use of item within local area. This information shall accompany the invoice and will be used as supportive documentation prior to payment. Quantities listed are for estimated purposes only. Contracted vendor(s) shall deliver to destinations as requested. Method of Award: Award will go to the lowest responsible bidder meeting minimum specifications, terms and conditions. The State reserves the right to award to multiple vendors per item. The State of New Mexico reserves the right to reject any and all bids, to waive technical irregularities, and to award the contract to the bidder(s) whose bid it deems to be in the best interest of the State of New Mexico. In submitting this bid, each bidder agrees to satisfy all terms and conditions of the bidding documents. Public Works Minimum Wage Act: This is a Public Works contract subject to the provisions of the Public Works Minimum Wage Act, Section 13- 4-11 through 13-4-17, et sep. NMSA 1978 as amended. Minimum Wage Rates as determined and published by the New Mexico Department of Workforce Solutions, Public Works Bureau, Santa Fe, New Mexico, shall be in effect and utilized by the vendor(s) during the life of this price agreement. You are hereby advised that wherever differences exist between the minimum wage rates shown under wage decisions of the New Mexico Department of Workforce Solutions, Public Works Bureau, Santa Fe, New Mexico, and those shown under U.S. Department of Labor Wage Decision and any modification thereto noted in the contract assembly, the higher wage rates shall govern. If a Contractor or subcontractor is willfully paying his laborers, mechanics, or operators less than the rates required by the agreement for the work the laborers, mechanics, and operators are performing, the contractor or subcontractor may lose his right to proceed with the work. Contract Order: At time of every task order issued for projects over sixty thousand dollars ($60,000.00), a Wage Rate Decision number must be requested by end user of the user Agency. The Wage Rate Decision number can be obtained by contacting Work Force Solutions at www.dws.state.nm.us. Wage Rates must be attached to each contract order issued. Performance & Payment Bond: Prior to issuance of a contract order, the successful Contractor(s) must provide a performance bond and payment and material bond equal to one hundred percent (100%) of the total contract order. Said bonds must be provided to the requesting office of the total contract order within ten (10) calendar days after notification by the Department and are to be filed with the user agency’s purchasing office. Failure to comply shall result in being issued to another vendor and the difference being charged back to the awarded Contractor(s). Hold Harmless Clause: Contractor shall indemnify and hold harmless the State, its officers and employees against liability, claims, damages, losses or expenses arising out of bodily injury to persons or damage to properties caused by, or resulting from, Contractor’s and/or its employees, own negligent acts or omissions while Contractor, and/or its http://www.dws.state.nm.us/ employees perform or fail to perform its obligations and duties under the terms and conditions of this Price Agreement. This Save Harmless and Indemnification Clause is subject to the immunities, provisions, and limitations of the Tort Claims Act (Section 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 hereof a third-party beneficiary or to authorized anyone not a party to the Price Agreement to maintain a suit for wrongful death, bodily and/or personal injury to persons, damage to properties and/or other claims whatsoever pursuant to the provision of this Price Agreement. 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 New Mexico and shall cover all operations under the Contract, 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 Contract, 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 Contract, the Contractor’s insurance must include coverage for injury to or destruction of property arising out of: 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 contract. (C) Certificate of Insurance/Department as Additional Insured : The Contractor being awarded the Contract/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 Contract/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 Department thirty (30) days written notice. Also, a Certificate of Insurance shall be furnished to the Department on renewal of a policy or policies as necessary during the terms of this Contract. The Department 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 Department will recognize following form excess coverage (Umbrella) as meeting the requirements of Subsection (A) 1.a of this Contract, should such insurance otherwise meet all requirements of such subsections. (E) Other Required Insurance: The Contractor shall procure and maintain, when required by the Department, 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 Department 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 Contract, 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). Vendor(s) shall also provide all insurance necessary to employees on the work site, including, but not limited to, workmen’s compensation. Contracted Vendor(s) Agrees to: A. Provide competent supervision and skilled personnel to carry on all work in progress. B. Comply with all city, county, state and federal laws, codes and regulations which pertain to the work specified within this agreement. Deliveries: Deliveries within the State of New Mexico to any job site as required by item 9. Portal to portal mileage will be measured from the contractor’s designated base station to the job site or from an existing job site to a new job site, whichever is less. The district engineer or his designee will verify the distance used for payment and his decision shall be final. This price agreement may be cancelled, based on budget availability. ITEM SPECIFICATIONS: Items 1 and 2: A. Meter, positive displacement meter meeting weights and measures standards for resale. B. Pos/fleet management interface-pulsers converts register revolutions to electrical pulses for connection to fleet management system (provide only at sites using fuel management systems). C. Internal filters – standard filters to ensure purity and to protect critical components from contamination D. External filter kits – standard kit to include adapter, element and pipe fittings (shall be used only if internal filters are not available). E. Hose – ¾” (in.) gas, and 1” (in.) diesel hard wall hose, 15’ (ft.) length. F. Automatic nozzles – restrict flow when vehicle tank is ¾” (in.) for unleaded and 1” (in.) for diesel. G. Maximum working pressure 50 psi. H. Approval – U.L. and C.U. 1 listed, sealable by use weights and measure for the resale of fuel for application involving the contracted periodic billing of fuel dispensed. I. A non-resettable totalizer. J. All register openings shall be covered with tempered or double-strength glass (no plastic). K. Register shall appropriate pulser if used with a fuel management system and a DC junction box shall be provided in the hydraulic cabinet for wire terminations. L. Overhead hose mast shall be provided to keep hose off the ground. M. Nozzle boot/hook shall adjust for use with either UL interchangeable automatic nozzles. N. All other required miscellaneous fittings and arts to complete the installation of the single or double hose dispenser. O. Warrant one-year parts and labor from the date of purchase. P. Product signing shall be clearly marked and color-coded for products being dispensed - unleaded, diesel or biodiesel (b5 or b20). Q. Pressure regulating valve will be provided if required by NMPSTB. R. All necessary parts for compliance with state and federal regulations within the models identified. Item 3: Commercial pump, remote pump to be installed inside containment area on a shelf or stand (acceptable models include Gasboy, Astra 9820k series, Wayne Reliance G6101d series or approved model within this series). To address minor upgrades during the agreement period, see specifications below. These pumps shall be replacements for the current top mounted Gasboy pumps on the NMDOT convault tanks). Motor ¾ hp minimum UL and w/m listed Suction pump up to 20 GPM Totalizer Positive displacement meter meeting weights and measures standards for resale Self-priming vane pump Filter adapter, internal or external Lighted display, mechanical displays preferred over digital or electronic. Installation must meet or exceed all city, county, state and federal safety, electrical, fire, EPA, NMPSTB and plumbing codes as applicable. Contracted vendor(s) shall be responsible for all transportation, fees, or permits which may be applicable. Item 4: Bollard posts if not already installed: Impact protection in the form of 6” concrete set and filled steel pipe will be provided for the new dispensers or pumps. Bollards shall be 36” exposed, 2’ burial and 48” center to center and painted safety yellow as required by state and federal regulations. Item 5: Installation of mechanical dispensers (Items 1 and 2). All costs for turnkey installation at the concrete pad shall be included in this line item with the exception of required electrical work as stated below. The contractor shall provide a compliant concrete pad for the dispenser. The contractor shall provide an approved above ground steel dispenser containment box. The contractor will provide all trenching and backfill. Contractor shall provide and install emergency shut-off switch at each site if not installed already. Electrical connections at the dispenser shall be included in this item, however all electrical work including parts and labor required from an existing NMDOT power source to the installation site shall be provided on a quote basis from a qualified, licensed electrician through the contractor to the NMDOT. Note: for items not detailed above in Item 5, a detailed written quote with labor, parts and materials shall be provided within five (5) working days after an on-site inspection is completed. This quote is required for all items not included in this agreement and shall be procured separately. Item 6: Installation of commercial pump, remote pump (Item 3). All costs for turnkey installation at the concrete pad shall be included in this line item with the exception of required electrical work as stated below: The contractor shall provide a compliant concrete pad for the pump (if necessary). Contractor shall provide and install emergency shut-off switch at each site if not installed already. Electrical connections at the pump shall be included in this item; however, an additional electrical work including parts and labor required shall be provided on a quote basis from a qualified, licensed electrician through the contractor to the NMDOT. Note: most patrol sites already have concrete pads, and this item is typically an improved replacement pump installation. Note: for items not detailed above in Item 6, a detailed written quote with labor, parts and materials shall be provided within five (5) working days after an on-site inspection is completed. This quote is required for all items not included in this agreement and shall be procured separately. Item 7: New fuel credit card reader replacement install (where the existing card reader must be replaced due to being obsolete, non-functional or damaged). Fuel management system that accepts radio frequency and credit/card access devices. Fuelmaster 2550 Plus, equal to or better. Connect new fuel card reader (Fuelmaster Prokee Card Master or approved equal) to the new or existing dispenser. Card reader shall have the FMU data logger which captures an electronic file of FMU transactions. This data logger shall replace the transaction printer. All required software to view the data from the fuel card reader shall be included in this item, however being that previous versions of the software have been purchased by the NMDOT then the cost of any additional licenses or updates shall be included. A minimum of two (2) hours of training shall be provided by a manufacturer qualified trainer. Training shall include instructions on how to use and install the manufacturer software and obtain transactions from the data logger. All parts required for the fuel card reader shall be provided. Since this is a replacement install a fuel card reader pedestal is already in place. Transportation – vendor(s) shall be responsible for all transportation of terminals to site and for all fees and/or permits. NMDOT shall provide a working phone line or CAT V cable for use in the fuel card reader. Item 8: New fuel card reader and pedestal install (where there is no existing card reader in place, new install) Fuel Management System that accepts radio frequency and credit/card access devices. Fuelmaster 2550 Plus, equal to or better. Contractor shall provide the NMDOT with a schematic for appropriate concrete pad and pedestal. The contractor will provide a compliant concrete pad to install the card reader. For older dispensers/pumps on the established convault concrete pads, retrofit pulsers kits shall be included in this item; however, a new dispenser may be procured by the NMDOT to update the site. It shall be at the discretion of the NMDOT to procure a full- size mechanical dispenser or smaller pump as identified in this agreement. The contractor shall provide an approved fuel card reader. The contractor will provide all trenching, backfill and conduit to the installation site. Electrical power required shall extend from an existing NMDOT power source. Contractor shall provide all wire to be installed per code for class 1 div 1 area and placed underground. A detailed written quote with labor, parts and materials shall be provided within five (5) working days after an on-site inspection is completed. This quote is required for all items not included in this agreement and shall be procured separately. Installation must meet or exceed all city, county, state and federal safety, electrical, fire, EPA and plumbing codes as applicable. Contracted vendor(s) shall be responsible for all transportation, fees or permits which may be applicable. Item 9: Trip charge for delivery from portal to portal for any item requiring installation. (See section on deliveries above for portal information) Item 10 and 11: Extended warranties, units, please indicate all available terms and costs for each extended warranty on Fuel Master Dispensers. One (1) Year and Three (3) Year. Item 12 and 13: Tank Monitoring System approved models include Veeder Root TLS-300cc (hard wired) or Veeder Root TLS- 300c RF (wireless) or approved equal. Vendor(s) shall provide a price for each as stated above. Item 14: Installation of Tank Monitoring System to include all trenching and backfill costs performed during the installation of dispensers/pumps/card readers or tank monitoring system. The NMDOT will provide the conduit for install. Contractor shall be responsible for connectivity and install at the tanks and at the tank monitoring system. Contractor is also responsible for pulling wire through the conduit in the open trench during the install. This system shall be for two (2) tanks/vaults which is the typical setup for a NMDOT patrol. The NMDOT electrician shall work with the contractor prior to the installation provided that electrical schematics are provided. Item 15: Maintenance and repair of fuel pumps, dispensers, card readers, hoses, fittings, tank monitoring systems and all related fuel service station items within the NMDOT fuel facilities. Contractor shall provide manufacturer and certified technicians to provide quality service to the NMDOT. Item 16: Percentage discount off current price list for parts required for maintenance and repair of fuel pumps, dispensers, card readers, hoses, fittings, tank monitoring systems and all related fuel service station part items needed within the NMDOT fuel facilities.