CITY OF CARLSBAD
PURCHASING DEPARTMENT

REQUEST FOR PROPOSALS (RFP)

RFP Title: Groundskeeping, Maintenance and Grave Digging for the Carlsbad Cemetery and Sunset Gardens Cemetery

     RFP # 2023-12

     Release Date: 9/20/23

  Due Date:  10/2/23

No Later than 5:00 p.m. (Mountain Time)

I.  INTRODUCTION

A.	PURPOSE OF THIS REQUEST FOR PROPOSALS	

The City of Carlsbad is seeking to enter into a contract with a qualified proposer for the general maintenance, groundskeeping, grave digging and operational services associated with the City operated cemeteries, to include the Carlsbad Cemetery and adjoining Santa Catrina and Santa Theresa sections as well as the Sunset Gardens Cemetery. The Cemeteries are owned and managed by the City of Carlsbad under the supervision of the Director of Public Works. 

SCOPE OF PROCUREMENT

See SPECIFICATIONS FOR CEMETERY MAINTENANCE SERVICES

PLEASE NOTE: 

•	If this is a procurement that will result in a contractual agreement between two parties, the procurement may ONLY be used by those two parties exclusively.	

A.	PROCUREMENT MANAGER	

1.	The Procurement Manager who is responsible for the conduct of this procurement whose name, address, telephone number and e-mail address are listed below:	

	Name:		Matt Fletcher, Purchasing Manager
	Address: 	P.O. Box 1569
                                    Carlsbad, NM 88221-1569	

	Telephone:	(575) 234-7915 
	Fax:		(575) 887-7559 
	Email:		msfletcher@cityofcarlsbadnm.com

2.	All deliveries of responses via express carrier must be addressed as follows: 	

	Name:			    City of Carlsbad Purchasing Manager
	Reference RFP Number: RFP 2023-12  
	Address:		    101 N. Halagueno St., Room 114  
				    Carlsbad, New Mexico 88220

3.	Any inquiries or requests regarding this procurement should be submitted, in writing, to the Procurement Manager at the email address provided.  Offerors may contact ONLY the Procurement Manager regarding this procurement.  Other City of Carlsbad employees or Evaluation Committee members do not have the authority to respond on behalf of the City. Protests of the solicitation or award must be delivered by mail to the Purchasing Manager. 	
4.	Pursuant to NMSA 1978, § 13-1-172, ONLY protests delivered directly to the Purchasing Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals.  Emailed protests will not be considered as properly submitted. 	

A.	DEFINITION OF TERMINOLOGY	

This section contains definitions of terms used throughout this procurement document, including appropriate abbreviations: 

“Agency” means the City of Carlsbad 

“Authorized Purchaser” means an individual authorized by a Participating Entity to place orders against this contract.

“Award” means the final execution of the contract document.

“Business Hours” means 8:00 AM thru 5:00 PM Mountain Standard or Mountain Daylight Time, whichever is in effect on the date given.

“City” means the Municipality of the City of Carlsbad

“Close of Business” means 5:00 PM Mountain Standard or Daylight Time, whichever is in use at that time.

“Confidential” means confidential financial information concerning offeror’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act NMSA 1978 57-3-A-1 to 57-3A-7. See NMAC 1.4.1.45. As one example, no information that could be obtained from a source outside this request for proposals can be considered confidential information.

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

“Contractor" means any business having a contract with a local public body.

“Determination" means the written documentation of a decision of a procurement officer including findings of fact required to support a decision.  A determination becomes part of the procurement file to which it pertains.

“Desirable" the terms "may", "can", "should", "preferably", or "prefers" identify a desirable or discretionary item or factor.

“Evaluation Committee" means a body appointed to perform the evaluation of Offerors’ proposals. 

“Evaluation Committee Report" means a report prepared by the Procurement Manager and the Evaluation Committee for contract award.  It will contain written determinations resulting from the procurement.

“Finalist” means an Offeror who meets all the mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.

“Hourly Rate” means the proposed fully loaded maximum hourly rates that include travel, per diem, fringe benefits and any overhead costs for contractor personnel, as well as subcontractor personnel if appropriate.

“IT” means Information Technology.

“Mandatory" – the terms "must", "shall", "will", "is required", or "are required", identify a mandatory item or factor.  Failure to meet a mandatory item or factor will result in the rejection of the Offeror’s proposal.

“Minor Technical Irregularities” means anything in the proposal that does not affect the price quality and quantity or any other mandatory requirement. 

“Multiple Source Award" means an award of an indefinite quantity contract for one or more similar services, items of tangible personal property or construction to more than one Offeror.

“Offeror" is any person, corporation, or partnership who chooses to submit a proposal.

“Purchase Order means a document that authorizes the contractor to furnish items of tangible personal property, services or construction to a local public body.    

“Procurement Manager” means any person or designee authorized by a local public body to 
  enter into or administer contracts and make written determinations with respect thereto.
“Procuring Agency" means the City of Carlsbad.  
 
“Project” means a temporary process undertaken to solve a well-defined goal or objective with clearly defined start and end times, a set of clearly defined tasks, and a budget. The project terminates once the project scope is achieved and project acceptance is given by the project executive sponsor.

“Redacted” means a version/copy of the proposal with the information considered confidential as defined by NMAC 1.4.1.45. 

“Request for Proposals (RFP)" means all documents, including those attached or incorporated by reference, used for soliciting proposals.

“Responsible Offeror" means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services, or items of tangible personal property described in the proposal.

“Responsive Offer" means an offer which conforms in all material respects to the requirements set forth in the request for proposals.  Material respects of a request for proposals include, but are not limited to price, quality, quantity or delivery requirements.

“Sealed” means, is enclosed in a package which is completely fastened in such a way that nothing can be added or removed. Open packages submitted will not be accepted except for packages that may have been damaged by the delivery service itself. The City of Carlsbad reserves the right, however, to accept or reject packages where there may have been damage done by the delivery service itself. Whether a package has been damaged by the delivery service or left unfastened and should or should not be accepted is a determination to be made by the Procurement Manager. By submitting a proposal, the Offeror agrees to and concurs with this process and accepts the determination of the Procurement Manager in such cases.

“Staff" means any individual who is a full-time or part-time employee, or an independently  
 contracted person with the Offeror’s company.  

“Statement of Concurrence” means an affirmative statement from the Offeror to the required specification agreeing to comply and concur with the stated requirement(s). This statement shall be included in Offerors proposal. (E.g. “We concur”, “Understands and Complies”, “Comply”, “Will Comply if Applicable” etc.)

“Un-redacted” means a version/copy of the proposal containing all complete information including any that the Offeror would otherwise consider confidential, such copy for use only for the purposes of evaluation.

“Written” means typewritten on standard 8 ½ x 11 inch paper.  Larger paper is permissible for charts, spreadsheets, etc. 

II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP contains the schedule, description and conditions governing the procurement.  

A.	SEQUENCE OF EVENTS	
The Procurement Manager will make every effort to adhere to the following schedule:

9/20/23 – RFP Released to Public
9/29/23 – Deadline to submit written questions
10/02/23 – Deadline to submit proposals
10/03/23 - 10/5/23 – Evaluation Process 
10/05/23 – Final Scoring to be determined
10/10/23 – City Council Approval and Award Announcement
10/25/23 -  Protest Deadline – 15 Days from Award Date
B.	EXPLANATION OF EVENTS	
The following paragraphs describe the activities listed in the sequence of events shown in Section II. A., above.

1.	Release of RFP	

This RFP is being issued on behalf of the City of Carlsbad on 9/20/23. 
2.	Deadline to Submit Written Questions	

Potential Offerors may submit written questions to the Procurement Manager as to the intent or clarity of this RFP until 5:00 p.m. Mountain Standard Time on 9/29/23 as indicated in the sequence of events.  All written questions must be addressed to the Procurement Manager as declared in Section I, B.3. Questions shall be clearly labeled and shall cite the Section(s) in the RFP or other document which form the basis of the question.

Written responses to written questions will be distributed as indicated in the sequence of events to all potential Offerors whose organization name appears on the procurement distribution list no later than 9/29/23. An e-mail copy will be sent to all Offerors that provide Acknowledgement of Receipt Forms (Appendix A) before the deadline.  Additional copies will be posted to: http://www.cityofcarlsbadnm.com/purchasing.cfm

3.	Submission of Proposal	
    
ALL OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND EVALUATION BY THE PROCUREMENT MANAGER OR DESIGNEE NO LATER THAN 5:00 PM MOUNTAIN DAYLIGHT TIME ON 10/02/23.  Proposals received after this deadline will not be accepted.  The date and time of receipt will be recorded on each proposal. 

Proposals must be addressed and delivered to the Procurement Manager at the address listed in Section I, Paragraph B2.  Proposals must be sealed and labeled on the outside of the package to clearly indicate that they are in response to RFP 2023-12.  Proposals submitted by facsimile or email will not be accepted.

A public log will be kept of the names of all Offeror organizations that submitted proposals.  Pursuant to NMSA 1978, § 13-1-116, the contents of proposals shall not be disclosed to competing potential Offerors during the evaluation process.  The evaluation process is deemed to be in effect until the contract is awarded pursuant to this Request for Proposals.  Awarded in this context means the final approval of the award by the Carlsbad City Council. 
4.	Proposal Evaluation	

An Evaluation Committee will perform the evaluation of proposals.  This process will take place as indicated in the sequence of events, depending upon the number of proposals received.  During this time, the Procurement Manager may initiate discussions with Offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals. However, proposals may be accepted and evaluated without such discussion.  Discussions SHALL NOT be initiated by the Offerors.
5.	Selection of Finalists	

The Evaluation Committee will make their selection(s) and the Procurement Manager will notify the finalist(s) Offerors as per schedule Section II. A., Sequence of Events or as soon as possible. A schedule for the oral presentation and demonstration will be determined at this time if required. 
.
6.	Oral Presentations and Demonstrations (if needed)	
Finalist Offerors may be required to conduct an oral presentation at a location to be determined as per schedule Section II. A., Sequence of Events or as soon as possible. Whether or not oral presentations will be held is at the discretion of the Evaluation Committee and the City of Carlsbad. If a presentation is required the offeror may elect to perform the presentation using WebEx or other such means.  Travel to Carlsbad will not be required for the presentation and the means of presentation will have no bearing on the scoring for the RFP.  

7.	Scoring Completed and Final Selection for Award 	

A. The evaluation committee will score the technical proposals once the proposals have   
      been reviewed and presentations are completed. 

 B. The Procurement Manager will open the cost proposals and score the cost portion of the 
      evaluation based on the following formula (if applicable):

Lowest Cost Proposal receives full value of points possible for the cost category.

All other proposals are scored as follows:  

(Lowest Cost Proposal  / Higher Cost Proposal) x Number of Points Possible for Category

Example: Proposal A is $10,000.  Proposal B is $5,000.  Number of points possible = 10

Number of Points Awarded   $   5,000_ x 10 (points) = 5
                               $ 10,000

Result - Company B = 10 points      Company A = 5 points

8.	Contract Awards	

After review of the Evaluation Committee scores and scoring of the Cost Proposals, the  Procurement Manager will prepare a recommendation for award to be presented to the Carlsbad City Council as per the schedule in Section II. A., Sequence of Events or as soon as possible thereafter.  **This date is subject to change at the discretion of the City of Carlsbad.

The contract shall be awarded to the Offeror (or Offerors) whose proposals are most advantageous to the City of Carlsbad, taking into consideration the evaluation factors set forth in this RFP.  The most advantageous proposal may or may not have received the most points.  The award is subject to City Council approval.

9.  Announcement of Award

	Once the Award is approved by the City Council, the Procurement Manager will notify 
      each participating offeror of the Award and provide a scoring summary for the RFP. This 
      notice may be provided either by USPS mail or via email.  
10.  Protest Deadline 

Any protest by an Offeror must be timely and in conformance with NMSA 1978, § 13-1-172 and applicable procurement regulations.  Pursuant to NMSA 1978, § 13-1-172, ONLY protests delivered directly to the Procurement Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. The 15 calendar day protest period shall begin on the day following the award of contracts and will end at 5:00 pm Mountain Standard Time/Daylight Time on the 15th day.  Protests must be written and must include the name and address of the protestor and the request for proposal number.  It must also contain a statement of the grounds for protest including appropriate supporting exhibits and it must specify the ruling requested from the party listed below. The protest must be delivered to:

City of Carlsbad
Attn: Purchasing Manager, Room 115
P.O. Box 1569
Carlsbad, NM 88221-1569

Or

City of Carlsbad
Attn: Purchasing Manager
101 N. Halagueno St., Room 115
Carlsbad, NM 88220

Protests received after the deadline will not be accepted.

A.	GENERAL REQUIREMENTS	
A.	

1.	Acceptance of Conditions Governing the Procurement	

Potential Offerors must indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal (Appendix C).  Submission of a proposal constitutes acceptance of the Evaluation Factors contained in Section V of this RFP. 
2.	Incurring Cost	

Any cost incurred by the potential Offeror in preparation, transmittal, and/or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror. Any cost incurred by the Offeror for set up and demonstration of the proposed equipment and/or system shall be borne solely by the Offeror.
3.	Prime Contractor Responsibility	

Any contractual agreement that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of all requirements of the contractual agreement with a City of Carlsbad which may derive from this RFP. The City of Carlsbad when entering into a contractual agreement with a vendor will make payments to only the prime contractor.
4.	Amended Proposals	

An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter.  The City of Carlsbad personnel will not merge, collate, or assemble proposal materials.
5.	Offeror’s Rights to Withdraw Proposal	

Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals.  The Offeror must submit a written withdrawal request addressed to the Procurement Manager and signed by the Offeror’s duly authorized representative.

The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations.
6.	Proposal Offer Firm	

Responses to this RFP, including proposal prices for services, will be considered firm for one hundred twenty (120) days after the due date for receipt of proposals. 
7.	Disclosure of Proposal Contents	

A.	Proposals will be kept confidential until evaluations and the award are completed by the City.  At that time, all proposals and documents pertaining to the proposals will be open to the public, except for material that is clearly marked proprietary or confidential. The Procurement Manager will not disclose or make public any pages of a proposal on which the potential Offeror has stamped or imprinted "proprietary" or "confidential" subject to the following requirements:	
B.	Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal.  	
C.	Confidential data is restricted to:	
A.	

1.	confidential financial information concerning the Offeror’s organization;	
2.	and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, NMSA 1978 § 57-3A-1 to 57-3A-7.  	
3.	PLEASE NOTE: The price of products offered or the cost of services proposed shall not be designated as proprietary or confidential information.	

If a request is received for disclosure of data for which an Offeror has made a written request for confidentiality, the Purchasing Manager shall examine the Offeror’s request and make a written determination that specifies which portions of the proposal should be disclosed.  Unless the Offeror takes legal action to prevent the disclosure, the proposal will be so disclosed.  The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.

8.  No Obligation

This RFP in no manner obligates the City of Carlsbad or any of its department’s to use any Offeror’s services until a valid written contract is awarded and approved by appropriate authorities and a purchase order is presented to the winning offeror authorizing the service to be performed. 
 
9.  Termination

This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part if it is determined that such action to be in the best interest of the City of Carlsbad. 
10.  Sufficient Appropriation

Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist.  Such terminations will be effected by sending written notice to the contractor.  The Agency’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.
11.  Contract Terms and Conditions

The City of Carlsbad requires that all Offerors agree to be bound by the General Requirements contained in this RFP.  Any Offeror’s concerns must be promptly submitted in writing to the attention of the Procurement Manager.

The City of Carlsbad discourages exceptions from the contract terms and conditions as set forth in the RFP.  Such exceptions may cause a proposal to be rejected as nonresponsive when, in the sole judgment of the City (and its evaluation team), the proposal appears to be conditioned on the exception, or correction of what is deemed to be a deficiency, or an unacceptable exception is proposed which would require a substantial proposal rewrite to correct
12. Governing Law

This RFP and any agreement with an Offeror which may result from this procurement shall be governed by the laws of the State of New Mexico.
13.  Basis for Proposal

Only information supplied, in writing, by the City of Carlsbad through the Procurement Manager or in this RFP should be used as the basis for the preparation of Offeror proposals.	
14.  Offeror Qualifications

The Evaluation Committee may make such investigations as necessary to determine the ability of the potential Offeror to adhere to the requirements specified within this RFP.  The Evaluation Committee will reject the proposal of any potential Offeror who is not a Responsible Offeror or fails to submit a responsive offer as defined in NMSA 1978, § 13-1-83 and 13-1-85.
15.  Right to Waive Minor Irregularities

The Evaluation Committee reserves the right to waive minor irregularities.  The Evaluation Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement.  This right is at the sole discretion of the Evaluation Committee.
16.  Change in Contractor Representatives

The City of Carlsbad reserves the right to require a change in contractor representatives if the assigned representative(s) is (are) not, in the opinion of the City, adequately meeting the needs of the City.
17.  Notice of Penalties

The Procurement Code, NMSA 1978, § 13-1-28 through 13-1-199, imposes civil, misdemeanor and felony criminal penalties for its violation.  In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.
18.  Agency Rights

The City in agreement with the Evaluation Committee reserves the right to accept all or a portion of a potential Offeror’s proposal.
19.   Right to Publish

Throughout the duration of this procurement process and contract term, Offerors and contractors must secure from the City of Carlsbad written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement and/or agency contracts deriving from this procurement.  Failure to adhere to this requirement may result in disqualification of the Offeror’s proposal or removal from the contract.

20.  Ownership of Proposals

All documents submitted in response to the RFP shall become property of the City of Carlsbad.  
21.  Confidentiality

Any confidential information provided to, or developed by, the contractor in the performance of the contract resulting from this RFP shall be kept confidential and shall not be made available to any individual or organization by the contractor without the prior written approval of the City of Carlsbad.  

The Contractor(s) agrees to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the written permission of the City of Carlsbad and/or as required by law. 
22.  Electronic mail address required

A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail).  Offeror must have a valid e-mail address to receive this correspondence. (See also Section II.B.2, Response to Written Questions).
23.  Use of Electronic Versions of this RFP

This RFP is being made available by electronic means.  In the event of conflict between a version of the RFP in the Offeror’s possession and the version maintained by the City, the Offeror acknowledges that the version maintained by the City shall govern.    Please refer to:  http://www.cityofcarlsbadnm.com/purchasing.cfm
24.  Campaign Contribution Disclosure Form

Offeror must complete, sign, and return the Campaign Contribution Disclosure Form, APPENDIX B, as a part of their proposal.  This requirement applies regardless whether a covered contribution was made or not made for the positions of Mayor, Carlsbad City Council or Municipal Court Judge.  Failure to complete and return the signed unaltered form will result in disqualification.
25.  Letter of Transmittal

Offeror’s proposal must be accompanied by the Letter of Transmittal Form located in APPENDIX C which must be completed and signed by an individual person authorized to obligate the company.  The letter of transmittal MUST:

1.	Identify the submitting business entity.	
2.	Identify the name, title, telephone, and e-mail address of the person authorized by the Offeror organization to contractually obligate the business entity providing the Offer.	
3.	Identify the name, title, telephone, and e-mail address of the person authorized to negotiate the contract on behalf of the organization (if different than (2) above). 	
4.	Identify the names, titles, telephone, and e-mail addresses of persons to be contacted for clarification/questions regarding proposal content.	
5.	Describe the relationship with any other entity which will be used in the performance of this awarded contract.	
6.	Identify the following with a check mark and signature where required:	
a.	Explicitly indicate acceptance of the Conditions Governing the Procurement stated in Section II. C.1;	
b.	Explicitly indicate acceptance of Section V of this RFP; and	
c.	Acknowledge receipt of any and all amendments to this RFP.	
7.	Be signed by the person identified in paragraph 2 above.	

26.   Pay Equity Reporting Requirements

A.	If the Offeror has ten (10) or more employees OR eight (8) or more employees in the same job classification, Offeror must complete and submit the required reporting form (PE10-249) if they are awarded a contract.  	

Out-of-state Contractors that have no facilities and no employees working in New Mexico are exempt if the contract is directly with the out-of-state contractor and fulfilled directly by the out-of-state contractor, and not passed through a local vendor.

B.	For contracts that extend beyond one (1) calendar year, or are extended beyond one (1) calendar year, Offeror must also agree to complete and submit the required form annually within thirty (30) calendar days of the annual bid or proposal submittal anniversary date and, if more than 180 days has elapsed since submittal of the last report, at the completion of the contract. 	

C.	Should Offeror not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, Offeror must agree to provide the required report within ninety (90) calendar days of meeting or exceeding the size requirement. 	

D.	Offeror must also agree to levy these reporting requirements on any subcontractor(s) performing more than 10% of the dollar value of this contract if said subcontractor(s) meets, or grows to meet, the stated employee size thresholds during the term of the contract. Offeror must further agree that, should one or more subcontractor not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, offer will submit the required report, for each such subcontractor, within ninety (90) calendar days of that subcontractor meeting or exceeding the size requirement.	

27.  Disclosure Regarding Responsibility

A.	Any prospective Contractor and any of its Principals who enter into a contract greater than sixty thousand dollars ($60,000.00) with any state agency or local public body for professional services, tangible personal property, services or construction agrees to disclose whether the Contractor, or any principal of the Contractor’s company:	
A.	

1.	is presently debarred, suspended, proposed for debarment, or declared ineligible for award of contract by any federal entity, state agency or local public body;	

2.	has within a three-year period preceding this offer, been convicted in a criminal matter or had a civil judgment rendered against them for: 	
1.	

a.	the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) contract or subcontract; 	
b.	violation of Federal or state antitrust statutes related to the submission of offers; or	
c.	the commission in any federal or state jurisdiction of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violation of Federal criminal tax law, or receiving stolen property;	

1.	is presently indicted for, or otherwise criminally or civilly charged by any (federal state or local) government entity with the commission of any of the offenses enumerated in paragraph A of this disclosure;	
1.	

1.	has, preceding this offer, been notified of any delinquent Federal or state taxes in an amount that exceeds $3,000.00 of which the liability remains unsatisfied. Taxes are considered delinquent if the following criteria apply.	
a.	The tax liability is finally determined.  The liability is finally determined if it has been assessed.  A liability is not finally determined if there is a pending administrative or judicial challenge.  In the case of a judicial challenge of the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.	
b.	The taxpayer is delinquent in making payment.  A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required.  A taxpayer is not delinquent in cases where enforced collection action is precluded.	
c.	Have within a three year period preceding this offer, had one or more contracts terminated for default by any federal or state agency or local public body.)	

A.	Principal, for the purpose of this disclosure, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity or related entities.	

B.	The Contractor shall provide immediate written notice to the Purchasing Manager or other party to this Agreement if, at any time during the term of this Agreement, the Contractor learns that the Contractor’s disclosure was at any time erroneous or became erroneous by reason of changed circumstances.	

C.	A disclosure that any of the items in this requirement exist will not necessarily result in termination of this Agreement.  However, the disclosure will be considered in the determination of the Contractor’s responsibility and ability to perform under this Agreement.  Failure of the Contractor to furnish a disclosure or provide additional information as requested will render the Offeror nonresponsive.	

D.	Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the disclosure required by this document.  The knowledge and information of a Contractor is not required to exceed that which is the normally possessed by a prudent person in the ordinary course of business dealings.	

E.	The disclosure requirement provided is a material representation of fact upon which reliance was placed when making an award and is a continuing material representation of the facts during the term of this Agreement.   If during the performance of the contract, the Contractor is indicted for or otherwise criminally or civilly charged by any government entity (federal, state or local) with commission of any offenses named in this document the Contractor must provide immediate written notice to the City of Carlsbad.  If it is later determined that the Contractor knowingly rendered an erroneous disclosure, in addition to other remedies available to the City of Carlsbad, may terminate the involved contract for cause.  Still further the City Procurement Officer may suspend or debar the Contractor from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the City of Carlsbad.	
A.	

28.  New Mexico Preferences
To ensure adequate consideration and application of NMSA 1978, § 13-1-21 (as amended), Offerors must include a copy of their preference certificate with their proposal.  Certificates for preferences must be obtained through the New Mexico Department of Taxation & Revenue http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx. 

A.  New Mexico Business Preference

B.  New Mexico Resident Veterans Business Preference
In addition to a copy of the certification, the Offeror should sign and complete the Resident Veterans Preference Certificate form, as provided in this RFP (Appendix D)

The City of Carlsbad shall not award a business both a resident business preference and a resident veteran business preference. 

The New Mexico Preferences shall not apply when the expenditures for this RFP includes federal funds.
	III. RESPONSE FORMAT AND ORGANIZATION

A.	NUMBER OF RESPONSES	

	Offerors shall submit only one response to this RFP. No alternate proposals will be accepted. 

B.	NUMBER OF COPIES 	
A.	

1.	Hard Copy Responses	

	Offeror’s proposal must be clearly labeled and numbered and indexed as outlined in Section III.C. Proposal Format.  Proposals must be submitted as outlined below. The original copy shall be clearly marked as such on the front of the binder. Each portion of the proposal (technical/cost) must be submitted in separate binders and must be prominently displayed on the front cover. Envelopes, packages or boxes containing the original and the copies must be clearly labeled and submitted in a sealed envelope, package, or box bearing the following information:

2.	Offerors should deliver:	

    	 A.  Technical Proposals – One (1) ORIGINAL, Five (5) HARD COPIES, of the proposal 
            containing ONLY the Technical Proposal. Proposals cannot be emailed.

	Proposals containing confidential information must be submitted as two separate binders:

•	Un-redacted version for evaluation purposes	
•	Redacted version (information blacked out and not omitted or removed) for the public file	

B.  Cost Proposals – One (1) ORIGINAL, of the proposal containing ONLY the Cost Proposal. Cost Proposal shall be in separate labeled binders from the Technical Proposals.

	The proposal must be received no later than the time and date indicated in Section II.B.3

Any proposal that does not adhere to the requirements of this Section and Section III.C.1 Response Format and Organization may be deemed non-responsive and rejected on that basis.
B)	PROPOSAL FORMAT	

	All proposals must be submitted as follows:
	Hard copies must be typewritten on standard 8 ½ x 11 inch paper (larger paper is permissible for charts, spreadsheets, etc.) and placed within binders with tabs delineating each section.

1.	Proposal Content and Organization	
	Direct reference to pre-prepared or promotional material may be used if referenced and clearly marked.  Promotional material should be minimal.  The proposal must be organized and indexed in the following format and must contain, at a minimum, all listed items in the sequence indicated.   

	A.  General information	

1.	Name of proposer, address, telephone number.	

2.	Type:   Individual/Sole Proprietorship	

                  ❑ Partnership (see Note 1)
                  ❑ Corporation (see Note 2)

	Note 1: If a partnership, list the names & address of all partners, share percentages, role and date of partnership.

	Note 2: If a corporation, list state of incorporation, date of incorporation, names, titles and addresses of all principal officers, New Mexico Registered Agent and address of home office.

	B. Staff Information, Experience and Qualifications	

   	1. Provide an organizational plan for administration and maintenance services.

      2. Identify and provide qualifications for all key staff members who will be 
          responsible for the performance of duties under this proposal.
C. Proposer Experience	

                  1. Describe in detail the experience of the proposer in providing similar 
          services. List all clients, names and addresses, for whom such services 
          have been provided in the past 10 years.

D. Technical Approach and Resources	

     1.  Describe proposer's understanding of the scope of the work.

            2.   Describe how proposer plans to perform the services required by the scope of work.
                        
                  3. Describe specialized problem solving required in any phase of the services required. 

E. Financial Ability	

    1.  Describe or demonstrate financial ability to perform services required. 

F.  Cost Proposal 	

     1.  Comparative cost of services proposed.
 
     2.  Cost proposals will be evaluated based on the following computation:
   
            Lowest cost proposal receives the full value of possible points (10)
            Remaining proposals shall receive a pro-rated portion of points based on the
           following:
 
           Low Cost Proposal x Points Possible (10) = Points for Non-low Proposal
           Non-Low Proposal
          
      Example: Low Cost proposal is $100. Competing Proposal is $150

          100 x 10 = 6.7 points
          150
				       	                          Total Points 100

Cost Proposal (Binder 2):

1.  The Cost Proposal (Appendix E) should include one single figure representing the monthly cost for the proposed services. 

                 	2.   All discussion of proposed costs, rates or expenses must occur only in 
                       Binder #2 on the cost response form. 

     3.   Cost proposals will be evaluated and scored based on the method outlined in 
           Section II B.7. 
	IV.   INSTRUCTIONS AND SPECIFICATIONS
RFP. NO. 2023-12

           Request for proposals for Professional Services for the Groundskeeping, Maintenance and Grave Digging for the Carlsbad Cemetery and Sunset Gardens Cemetery.

A.	INSTRUCTIONS TO PROPOSERS:	

       	Prospective proposers shall submit to the City of Carlsbad one (1) original and five (5) copies of their proposal in the following format:

•	All proposals shall be on 8 1/2 x 11 inch paper, type written, double spaced and typed only on one side of each page.	

•	Proposals shall include a cover letter which includes all necessary contact information and which is signed by the CEO/responsible party submitting the proposal.	

•	Proposals shall be organized and tabbed as outlined below in the Section III.	

•	Proposals will not be accepted by (fax) facsimile transmittal and the City of Carlsbad will not be responsible for any costs associated with or incurred in the preparation and submission of proposals.	

•	Proposals including all cover letters and cover sheets shall not exceed 20 total pages in length.	

•	Proposals shall include the completed "Campaign Contribution Disclosure Form" included herein.	

A.	SPECIFICATIONS FOR CEMETERY MAINTENANCE SERVICES	
	Section One: Introduction
	1.01 General Statement of Requirements for Groundskeeping and Maintenance
The Contractor shall be responsible for all cemetery landscape maintenance with the Carlsbad Municipal Cemeteries for the term of the contract. The Contractor shall provide all landscape maintenance services necessary, without exception, to assure that the grounds of the cemetery provide an attractive and peaceful environment in which the families and friends of the bereaved can find solace. 
All services required by these specifications shall be provided in a timely, cost efficient and fully coordinated manner to assure satisfactory completion of all requirements and minimal disruption of the ongoing activities by others within the cemetery. These specifications are intended to serve as the basis for the contractual relationship between the Contractor and the City of Carlsbad.  However, it is also understood that activities by others, scheduled or unscheduled, may temporarily limit the Contractors access to various work areas or require temporary deferment of certain required activities.

	1.02. Term.
The term of this Agreement shall be for four (4) years, with mutual consent of both parties.
	1.03 Work Location
	The City of Carlsbad Sunset Gardens (hereinafter referred to as “Sunset Gardens Cemetery") shall consist of all buildings and properties between East Fiesta and Wood Streets and bounded on the West by the property line. The property, located at 1406 East Wood Avenue, 	
	Sunset Gardens Cemetery, consists of approximately 33 acres, including a mausoleum and housing unit.

	The City of Carlsbad Cemetery (hereinafter referred to as the “Carlsbad Cemetery”), is located at 1506 Boyd Drive and includes the Santa Catrina, Santa Theresa and Veterans sections. The Carlsbad Cemetery consists of 65 acres, including mausoleum and columbarium.  

	The Contractor shall consider, for the purpose of this contract, the above-described properties as a single facility and shall further include all property up to the edge of any abutting improved road and to the centerline of any abutting alley, hereinafter referred to as 

	1.04 Cemetery Maps
The City maintains a series of maps and other drawings that describe the existing layout of the cemeteries and includes details regarding roadways, arrangement of graves, and other infrastructure located on the property. This information shall be made available to the Contractor in the form or format that the information is currently available through the City Administrator (or designated representative) without revision or modification. The City of Carlsbad makes no guarantees on the accuracy of the information provided. 
	1.05 Protection of Existing Structures and Property

A.	Prevention of Waste and Damage. The Contractor shall use all reasonable cautions to prevent waste, damage, or injury to the Cemetery or any vegetation, monuments, utilities or other infrastructure in the performance of its obligations under this Agreement. The Contractor shall be solely responsible for any damage to or destruction of the Cemetery or any vegetation, monuments, utilities or other infrastructure caused by the acts, willful or otherwise, of the Contractor's officers, employees, or agents.	
B.	Reporting Damage. The Contractor shall report via email to the City Administrator (or designated representative) within 12 hours of the discovery or occurrence of:	
A.	

1.	any damage to or destruction of the Cemetery or any vegetation, monuments, utilities or other infrastructure whether or not caused by the Contractor;	
2.	any vandalism,	
3.	any repair or maintenance needed to be performed by the City for which the contractor is not obligated under the contract.	
The Contractor shall also report such matters in detail in writing to the City Administrator (or designated representative) within five (5) business days of the discovery or occurrence thereof.

	1,06 Labor, Materials and Equipment.

A.	Labor. The Contractor shall provide all managerial, professional services and technical capabilities required to develop and implement approvable Work Management Programs as defined in Section 2, Work Management Programs. In addition the Contractor shall provide all supervisory and skilled and/or unskilled workers required to satisfactorily and efficiently provide the service(s) defined in Section 3, Requirements for Contractor Services. All costs associated with employment, management, benefits afforded these employees and all applicable overhead shall be included in the annually negotiated fee for service.	
B.	Materials. The City shall provide for use by the Contractor all materials specified in the Work Management Program (Section 2) as approved by the City Administrator (or designated representative) and as otherwise required for use by the Contractor and provided by the City.	
1.  This includes but is not necessarily limited to the following materials:

a.	Pesticides and materials required for vermin control.	
b.	Fertilizers.	
c.	Herbicides.	
d.	Landscaping Trees, Shrubs and other plants	
e.	All materials required for the repair of vandalism damage.	

2.  It is understood that all materials provided by the City will be acquired by the City following the procurement process authorized by the City Council and as otherwise required by the New Mexico Administrative Code.

A.	All materials acquired that exceed the actual quantities required for a specific task shall remain the property of the City and shall only used for other purpose(s) on the Cemetery if specifically authorized by the City Administrator (or designated representative).
B.	The Contractor shall not be reimbursed for any materials acquired by the Contractor unless the acquisition has been authorized in writing by the City Administrator (or designated representative) prior to purchase.

C.         Equipment. The Contractor shall provide all mechanical equipment and hand tools required to satisfactorily and efficiently provide the service(s) defined in Section 3, Requirements for Contractor Services. All costs associated with the acquisition, operation and maintenance of this equipment and all applicable overhead shall be included in the annually negotiated fee for service.
Unless otherwise approved by the City Administrator (or designated representative) all equipment shall be specifically designed and developed by its manufacturer for the intended task within the scope of the service(s) rendered by the Contractor. All equipment utilized shall be sized appropriately for work within the confined operating environment found within the Cemetery. It has also been our experience that skid tracks or cleated tires have caused extensive damage to the turf. It is recommended that power equipment used in the cemetery be equipped with turf tires or tracks to minimize damage. In any case the contractor shall be responsible for promptly repairing any damage caused by tires or tracks from work performed under this contract.
D.        Storage of Equipment and Materials. The Contractor may store its equipment and materials within the Cemetery at one or more locations designated by the City Administrator (or designated representative). The Contractor shall be solely responsible for all needed janitorial services and routine maintenance of the storage areas or structures used by the Contractor.  The City shall not be responsible for the cost of any damage incurred by the Contractor’s failure to use all reasonable effort to prevent waste, damage, or injury to materials or equipment stored by the Contractor. The Contractor shall be solely responsible for any waste or damage to or destruction of the City provided materials or its own equipment caused by the acts, willful or otherwise, by the Contractors officers, employees, or agents or the contractor's failure to provide adequate site security or protection from inclement weather resulting in the loss or damage.
Storage or disposal on the Cemetery of any materials or waste defined as hazardous or toxic by local, state, or federal laws, rules or regulations shall be prohibited except with the prior written permission of the City Administrator (or designated representative). Additionally, the Contractor shall not install, construct, use, or permit another to install, construct, or use any aboveground or underground storage tank at the Cemetery. 
1.07. Compensation.
In consideration of the services provided by the Contractor under this Agreement, the City shall compensate the Contractor with equal monthly payments of 8.33% of the annual negotiated lump sum fee for service. Payment may be requested no more frequently than monthly by submission of an invoice to the City Administrator (or designated representative). The contractor certifies, by submission of the invoice, that there are no other claims pending against the City and that the payment requested represents full compensation for all services, labor, equipment expenses, overhead and any other expense accumulated or covered through the period invoiced.
Payment shall be made by the City in the amount invoiced following determination by the City Administrator (or designated representative) that the services represented by the period covered have been accomplished in accordance with the terms, conditions and other requirements of the contract and that the Contractor is otherwise in good contractual standing with the City.
1.08 Compliance with Laws.

A.	The Contractor shall comply with all applicable local, state, and federal laws, rules, regulations, and policies, including the Cemetery Rules and Regulations, and shall obtain and maintain any and all permits, licenses, or certifications that may be necessary to carry out the operations contemplated by this Agreement.  In the event the Contractor should cease to be properly permitted, licensed, or certified, it shall immediately inform the City Administrator (or designated representative) verbally and shall immediately cease its operations pursuant to this Agreement.	
B.	In the event that the contractor ceases to be properly permitted, licensed, or certified, Contractor shall immediately notify the City Administrator (or designated representative) in writing of that event. The Contractor shall require all its employees, officers, and agents, to comply with all applicable local, state, and federal laws, rules, regulations, and policies.	
C.	In the event any portion of the performance of this contract is to be performed by a sub-contractor, the contractor shall provide the name, address and proof of any relevant licenses or certifications required to perform the work.	
1.09. Indemnification and Insurance Required
The Contractor agrees to indemnify, save, and hold harmless the City, its officers, and employees against all liability, claims, damages, losses, or expenses of every kind, including reasonable attorneys' fees together with costs and expenses of litigation, 
The Contractor shall obtain and maintain, at its own expense throughout the term of the agreement, public liability insurance in the sum of two million dollars ($2,000,000.00). Such insurance shall name the City as an additional insured. The Contractor shall provide the City with a current Certificate of Insurance. The insurance shall be with a company or companies licensed and authorized to do business in the State of New Mexico. The Contractor shall annually furnish to the City a Certificate of Insurance for the above required insurances. The Contractor shall provide the City with notice of any change thereof, and furnish to the City evidence of acquirement of a substitute therefore, and payment of the premium thereof.

1.10 Safety and Worker's Compensation

A.	The Contractor shall adhere to all state, federal and local requirements related to the safe completion of all work. The Contractor shall maintain an active workplace safety program which includes, but is not limited to safe work practices, the use of safety gear, traffic control and vehicle and equipment operational safety.	
B.	The Contractor agrees to comply with state laws and rules applicable to workers compensation benefits for its employees. If The Contractor fails to comply with the Workers' Compensation Act and applicable rules when required to do so, this agreement may be terminated by the City.	
1.11. Funding Availability.
The funding of this Agreement is subject to the availability and appropriation of funds by the City Council of Carlsbad, New Mexico. If sufficient funding is not available or not appropriated by the City Council, then this Agreement is terminated and the City shall not incur any penalty or further liability.
1.12 Designated Representative of the City Administrator
For the sole purpose of the administration of this contract, and unless otherwise designated in writing by the City Administrator, the City of Carlsbad Director of Public Works shall be the designated representative of the City Administrator. This designation does not preclude the coordination of information, scheduling of services and other types of communication by others with the Contractor necessary for the coordination of funerals or other activities required for the orderly performance of contractual requirements.
1.13 Meetings with City

A.	The Contractor shall attend all Regular Meetings of the City, if requested, and represent the firm in all matters pertaining to the contractual performance or other matters which the Contractor may have knowledge or interest.	
B.	The City shall have authority to call additional meetings with the Contractor with a 24 hour advance notice, for purposes of discussing site issues and/or inspections, that may be necessary from time to time with the City Administrator (or designated representative) or other City staff.	
1.14 Contractor Supervision
The Contractor shall provide qualified on-site supervision at all times work is ongoing to assure high quality work in conformance with these specifications and shall have ready access to all approved Work Management Programs.
Section Two: Work Management Programs
On or before July 1 of the first calendar year of the Contract and on or before January 1 of each calendar year thereafter the Contractor shall submit its Work Management Program proposal for approval. The first Work Management Program proposal shall cover the 6 month period between July 1 and the end of the calendar year; all succeeding Work Management Programs shall cover the entire calendar year. The Contractor shall describe in writing and in sufficient detail the means by which of Sections 2.01 through 2.05 of this are to be implemented. This proposal shall be given consideration for approval by the City Administrator (or designated representative).
2.01. Pest Management Program
A. The Contractor is responsible for establishing and maintaining a program to minimize the occurrence of pests within the cemetery. The Contractor shall rely on mechanical traps or devices to the greatest extent possible.
Chemicals, if required, shall be used in strict accordance with federal, state, county and local laws and regulations. Any use of chemicals shall be reported to the City Administrator (or designated representative) and applied by trained and licensed pest control operators. It is the intent of the City to maintain a healthy, sustainable landscape that will minimize the need for and use of chemical controls.
The Pest Management Program shall include the following elements, as applicable:

1.	A statement or the problem to be resolved and objective to be achieved with each component of the program; and	
2.	An analysis of the cost of each component of the program in both materials required and man-hours projected to achieve the objective.	
3.	A report summarizing the recommended program and cost of full implementation. The report shall also offer opportunities for partial implementation and an analysis of impacts short of full implementation	
B.	The Pest Management Program shall be subject to the approval of the City Administrator (or designated representative) prior to implementation.
C.	Should the City wish to consider a change in a previously approved program it shall notify the Contractor in writing of the change(s) proposed. The Contractor shall then estimate the increase or decrease in cost of the contract should the change be implemented. The Contractor shall not implement the change until authorized to do so in writing by the City Administrator (or designated representative).
2.02. Weed Control Program
A.	The Contractor is responsible for establishing and maintaining a program to minimize the occurrence of weeds within the cemetery. The Contractor shall develop a program utilizing a combination of herbicides, biological controls and mechanical eradication. The specific program to be developed shall take into consideration the initial and long term cost of the method or methods selected, and the long term efficacy and possibility of adverse impacts. The Weed Control Program shall include the following elements, as applicable:

1.	A statement or the problem to be resolved and objective to be achieved with each component of the program; and	
2.	An analysis of the cost of each component of the program in both materials required and man-hours projected to achieve the objective.	
3.	A report summarizing the recommended program and cost of full implementation. The report shall also offer opportunities for partial implementation and an analysis of impacts short of full implementation	
1.	

B.	The Weed Control Program developed by the Contractor shall be subject to the approval of the Administrator (or designated representative) prior to implementation.	
C.	Should the City wish to consider a change in a previously approved program it shall notify the Contractor in writing of the change(s) proposed. The Contractor shall then estimate the increase or decrease in cost of the contract should the change be implemented. The Contractor shall not implement the change until authorized to do so in writing by the City Administrator (or designated representative).	
2.03. Fertilizer Application and Management Program
A.	The Contractor shall develop and maintain a continuing program to appropriately fertilize all vegetation within the cemetery. Contractor shall perform representative soil fertility test(s) of the varying soil conditions found within the Cemetery at least once per year prior to the application of fertilizer during the growing season. The Contractor shall take soil samples in a variety of hydro-zones and locations to determine the need for soil/plant nutrients. It is the intent of the City to use the minimum amount of fertilizers necessary to produce a healthy and attractive landscape and minimize the potential for salt buildup and excessive plant growth. The frequency of fertilization and quantity of fertilizer used shall be set by results of the soil sampling program and demonstrated need for fertilizer. The Fertilizer Application and Management Program shall include the following elements, as applicable:

1.	A statement or the problem to be resolved and objective to be achieved with each component of the program; and	
2.	An analysis of the cost of each component of the program in both materials required and man-hours projected to achieve the objective.	
3.	A report summarizing the recommended program and cost of full implementation. The report shall also offer opportunities for partial implementation and an analysis of impacts short of full implementation	
B. The Fertilizer Application and Management Program developed by the Contractor shall be subject to the approval of the Administrator (or designated representative) prior to implementation.
C.	Should the City wish to consider a change in a previously approved program it shall notify the Contractor in writing of the change(s) proposed. The Contractor shall then estimate the increase or decrease in cost of the contract should the change be implemented The Contractor shall not implement the change until authorized to do so in writing by the City Administrator (or designated representative).
2.04. Plant Supplement and Replacement Program.

A.	The Contractor shall develop and maintain a continuing program to appropriately supplement existing vegetation and replace vegetation within the cemetery that may require replacement for safety, aesthetics or because of damage. All plant materials shall be of the type, kind and size capable of growth and aesthetically comparable to and compatible with adjacent plantings.	
B.	Flower beds which need annual, periodic or seasonal replacement and renewal may be developed in certain locations to achieve specific objectives. The planting of flower beds, however, require the prior approval of the City Administrator (or designated representative).	
C.	The Plant Supplement and Replacement Program developed by the Contractor shall be subject to the approval of the Administrator (or designated representative) prior to implementation.	
D.	Should the City wish to consider a change in the previously approved program it shall notify the Contractor in writing of the change(s) proposed. The Contractor shall then estimate the increase or decrease in cost of the contract should the change be implemented The Contractor shall not implement the change until authorized to do so in writing by the City Administrator (or designated representative).	
Section Three: Required Contractor Services
The scope of work contained herein establishes a standard of landscape care desired by the City to fully implement the Work Management Programs defined in Section 2. The scope is specifically intended to produce an attractive, healthy and cost effective landscape. Contractor shall furnish all labor, equipment, materials, tools and specific skills required to perform the scope of work defined in the approved Work Management Program.
3.01. Grounds Keeping and Cemetery Maintenance. The Contractor shall provide the City with complete grounds keeping and maintenance services at the Cemetery. These services shall include, but not limited to, the following:

A.	Turf Maintenance. All turf areas shall be maintained free of barren spots and undesirable pests. It shall be maintained to provide significant color, present a lush uniform appearance throughout the Cemetery and be free of pests that intrude on the peacefulness desired in the Cemetery.

1.	All turfed areas shall be maintained free of noxious pests as specified in the Pest Management Program.	
2.	All turfed areas shall be uniformly fertilized to insure consistent growth and plant coverage as specified in the approved Fertilizer Application and Management Program.	
3.	All turfed areas shall be kept free of weeds and other undesirable plants as specified in the approved Weed Control Program.	
4.	Sparse groundcover areas will be checked for uniform and adequate soil moisture levels and nutrients to help determine growth problem. The Contractor shall properly prepare bare areas or areas with sparse growth by tilling and fertilizer for replanting with seed or sod for optimum growth.	
B.	Mowing and Edging. Mowing, weed eating and edging as necessary to insure   the Cemetery grounds present a well-manicured, well-tended appearance:

1.	All turf shall be mowed periodically throughout the growing season so that the maximum average height of growth shall be three (3) inches and shall not exceed a maximum height of five (5) inches. Mowing cycles vary from 5 days to 10 days to promote healthy turf and seasonal growth throughout the growing season. Turf shall be cut prior to reaching the maximum height permitted.	
2.	The Contractor shall use mulching mowers whenever and wherever possible. However, mulch mowing shall not be used when it is necessary to cut more than 1/3 of turf height at any mowing or if an accumulation grass clippings is observable after passage of the mower. If an accumulation of grass clippings is observable after passage of the mower the area shall be raked and all accumulated clippings shall be removed.	
3.	Turf areas shall be edged after mowing. Edging shall include the trimming of all grass surrounding trees, bushes, monuments or structures that exceeds the height of the surrounding turf after mowing.	
C.	Turf Aerification. All turf shall be aerified to depth of not less than 3 inches to promote deep rooting, water penetration and to avoid soil compaction. Aerification shall be performed three times a year: early spring, early summer and early fail. Turf aerification shall be undertaken after mowing and followed up with an organic top dressing and/or fertilizer. The organic top dressing and/or fertilizer shall be as described in the approved Fertilizer Application and Management Program.
D.	Fertilization. All turf and other vegetation in the Cemetery shall be fertilized as specified in the approved Fertilizer Application and Management Program.
E.	Tree Maintenance. Tree pruning and trimming as necessary to insure a well manicured, well tended appearance, to promote proper growth and remove dead, diseased, unsightly or hazardous limbs and branches.

1.	All new trees shall be staked to allow movement (at least 6") in the wind. Stakes shall be removed as soon as trees are deemed established in the soil or by one year of planting, whichever comes first.	
2.	Trees shall be fertilized in accordance with Fertilizer Application and Management Program.	
3.	Trees shall be pruned back only for safety or structural clearance, otherwise, pruning shall be performed as a "thinning" or "opening" to promote tree spread and shading potential. No more than 114 to 1/3 of leaf area shall be removed at any pruning.	
4.	Potential damages caused by tree roots will be identified on site walks. Where appropriate, root pruning shall be performed to avoid costly structural damages and tripping liabilities.	
5.	Trees causing consistent physical damage or nuisance can be recommended for removal. Contractor shall report/recommend such hazards to the City Administrator (or designated representative).	
F.	Shrub Maintenance. Shrub pruning and trimming as necessary to insure a well-
	 manicured, well-tended appearance, to promote proper growth and remove 
	dead, diseased, unsightly or hazardous branches and vines.

1.	Pruning shall be done on an as needed basis only. The intent of this style of pruning is to maintain the natural plant appearance. Shrubs are intended to fill planting spaces as much as possible. Shrubs on slopes are not to be pruned or shaped, but are to be allowed to spread naturally.	
2.	Shearing back of shrub stems and branches is not encouraged unless the plant poses a safety hazard.	
3.	Shrub fertilization shall be performed using slow release, complete organic based products in April and October, or as indicated by the soil test results. Spot fertilization may be applied to color plants to encourage flowering. 	
4.	All vines shall be kept "pinned" to fences or walls to maximize hardscape cover and provide green appearance.	
G.	Groundcover Maintenance. Groundcover other than grass shall be maintained to 
             fill large areas, provide significant color and present a lush appearance.

1.	Groundcover areas shall be kept free of weeds and grasses as specified in the approved Weed Control Program.	
2.	Sparse groundcover areas will be checked for uniform and adequate soil moisture levels and nutrients to help determine growth problem. Bare areas may require hand tilling of soil, addition of amendment and replanting to create plant uniformity.	

3.02 Miscellaneous Requirements. The Contractor shall provide the City with additional miscellaneous services at the Cemetery. These services shall include, but not limited to, the following:

A.	The Contractor shall insure that the Cemetery grounds are, at all times, free of unsightly accumulations of litter, debris, trash, yard waste and similar materials. All waste materials shall be transported to a single location within the Cemetery designated by the City Administrator (or designated representative) for waste collection and subsequent removal by the City Solid Waste Department. All such materials shall be placed in containers provided by the City or otherwise prepared for collection as directed by the Solid Waste Department. Any organic materials that the Contractor may desire to compost shall be placed at a location not generally visible to the general public and approved for that purpose by the City Administrator (or designated representative).	
B.	The Contractor shall remove from any gravesite any decoration, including self- illuminating decorations, which falls into disrepair, become dislodged from its mounting on the headstone or as otherwise required or permitted by the Rules and Regulations of the Carlsbad Municipal Cemetery. Any decoration found by the Contractor will be placed in a protective bag, sealed, labeled with the family name, (if it can be identified) dated and stored at the Cemetery maintenance facility, If the gravesite from which it originated can be identified the Contractor shall notify the Cemetery Office of the action taken and provide as much information as possible to assist in notification. The Cemetery Office shall attempt to notify the family of the action taken by the Contractor and offer the family an opportunity to retrieve the decoration.	
If it is not possible to reasonably identify the originating gravesite items shall be collected in a common container, dated and stored at the maintenance facility.
All items shall be stored for a period no less than 60 days and then removed from the cemetery.
C.      HOURS OF OPERATION :  The Contractor shall open and close all Cemetery gates each and every day of the calendar year, including all holidays, according to the following schedule:
1. Summer Hours (April 1 through October 31) 
    Open: 7:30 AM through 8:00 AM  
    Close: 7:00 PM through 7:30 PM
2. Winter Hours (November 1 through March 31) 
    Open: 7:30 AM through 8:00 AM
    Close: 5:00 PM through 5:30 PM
Note: The cemetery is closed to visitors when the entrance gates are closed
	
Grave Opening and Closing Services
General Information :

The City of Carlsbad is seeking to enter into a professional services contract with a qualified proposer for the Opening and Closing of Graves associated with the City operated cemeteries, to include the Carlsbad Cemetery, and adjoining Santa Catrina, Santa Theresa and Veterans sections as well as the Sunset Gardens Cemetery. The Cemeteries are owned and managed by the City of Carlsbad under the supervision of the Director of Public Works. .

Required Services
Opening and Closing of Graves. The Contractor shall provide the City with services required to properly excavate and backfill graves at the Cemetery.
These services shall include, but are not limited to, the following:
A.	Grave Opening. The Contractor shall, upon receipt of a work order provided by the Cemetery Office, schedule the excavation of the requested grave. The work order shall advise the Contractor of the schedule for the interment service, location of the property, the type of grave to be excavated and any special requirements. If requested, the City shall assist the Contractor in locating the burial lot.
Grave Specifications
All graves shall be fully opened and prepared for use no less than two (2) hours or more than three (3) prior to the scheduled interment service.
Graves shall be excavated to the following minimum dimensions: 
           1.         Adult Single Depth Grave:

a.	Without a Vault - Eight (8) feet long by thirty-two (32) inches wide by five (5) feet deep;	
b.	With a Vault - Eight (8) feet long by thirty-eight (38) inches wide by five (5) feet deep;	
2.	Adult Double Depth Grave:

a.	Without a Vault - Eight (8) feet long by thirty-two (32) inches wide by eight and one half (8.5) feet deep;	
b.	With a Vault - Eight (8) feet long by thirty-eight (38) inches wide by eight and one half (8.5) feet deep;	
3.	Infant Grave: Three (3) feet long by two (2) feet wide by three (3) feet deep; and
4.	Cremains Grave: One (1) foot long by one (1) foot wide by thirty (30) inches deep.
All excavated material shall be placed in a trailer or wagon of sufficient capacity to minimize spillage and temporally removed from the gravesite. Any material dropped from the excavator bucket or spilled from the trailer or wagon shall be promptly removed and the gravesite cleaned. The equipment used to excavate the grave, trailer with excavated material and all hand tools shall be removed from the gravesite and temporarily stored at a distant location to avoid interference with the interment service.  
Any open grave, unattended for any length of time, must be properly marked, barricaded or covered in a manner satisfactory to the City Administrator (or designated representative).
Under no circumstance shall staff and/or equipment remain at the grave site while the bereaved are present unless so authorized by the representative of the funeral home in attendance.
B.	Grave Closure. All graves shall be backfilled and compacted as soon as possible following conclusion of the interment service. However, closure may not begin until the last of the bereaved has departed the cemetery and the contractor has set aside any flowers or other items left by the bereaved at the grave site and appropriately protected them from damage of any kind until the grave has been properly backfilled and seeded. Furthermore, closure must be completed within one (1) hour following completion of the service unless a variance has been authorized by the representative of the funeral home in attendance.
The Contractor shall compact the backfill in stages to minimize the possibility of future grave settlement. Compaction substantially decreases the subsequent movement of the backfill and infiltration of water. The following procedure shall be used whether or not the coffin is placed in a burial vault prior to interment:

1.	The backfill shall be placed and compacted in at least four (4) layers from which all stones, rocks or other materials larger than one (1) inch in largest dimension have been removed. The bottom 3 layers may be constructed using excavated material, if otherwise suitable. The top layer shall be approximately four (4) inches thick and constructed of topsoil suitable for the development of turf.	
2.	The first layer shall be placed to just cover the top of the casket and fill the void between the casket and the wall of the excavation. Care must be taken that this void be completely filled and compacted evenly by tamping with an appropriate sized rod as the backfill is placed. The addition of water may assist in achieving an even distribution of sand or similarly grained soils. Recognizing that the ultimate degree of compaction achievable is dependent on the rigidity of the casket or vault, the Contractor must seek to correlate and maximize compaction accordingly.	
3.	The next two layers would then be carefully placed and compacted individually between the top of the first layer and approximately four (4) inches below the existing ground level. Each layer should be approximately equal in depth and carefully compacted with water added as necessary to improve the results of the compaction effort. Water, if evenly distributed throughout the backfill, will greatly facilitate compaction. Care, however, must be taken to avoid incorporating excessive moisture in clay or an excessively dry backfill of most other soil types.	
4.	A four (4) inch layer of topsoil shall be placed on top of the next backfill layer and prepared with the addition of any fertilizers or necessary soil amendments as a bed for the establishment of turf. The Contractor shall seed the prepared bed with a seed mixture suitable for the establishment of turf compatible with the surrounding turf. Consideration shall also be given to the time of year and other factors necessary to assure seed generation and growth.	
5.	All flowers or other items left at the grave site shall be returned to a position comparable to their original position following completion of grave backfill and turf establishment. Closure will not be considered complete until the flowers or other items left by the bereaved have been restored to their approximate original location. Flowers or other items left at the grave site shall not be removed by the Contractor for a minimum of seven (7) days following the date of interment. Furthermore, flowers maintained in vases or temporary nameplates or decorations elevated above the ground shall not be removed for a period of forty-five (45) days following interment or placement of a permanent monument, whichever occurs first.	
V.  EVALUATION

A.	EVALUATION POINT SUMMARY	

The following is a summary of evaluation factors with point values assigned to each.  These weighted factors will be used in the evaluation of individual potential Offeror proposals by sub-category. 

Factors – Evaluated by Committee	Points Available	
		
III C  1A        General Information	0	
III.C. 1B.       Staff Experience/Qualifications	25	
III.C. 1C.       Proposer Experience	25	
III.C. 1D.       Technical Approach and Resources	25	
III.C. 1E.        Financial Ability 	15	
		
III.C. 1F.         Cost Proposal 
                       (Evaluated by Procurement Manager)	10
	
TOTAL		                    100 points	
		
 B.1A     New Mexico Preference - Resident Vendor  	5
	
 B.1B     New Mexico Preference - Resident Veterans	To Be Determined	

		
		
Table 1: Evaluation Point Summary

A.	APPLICATION OF RESIDENT VENDOR PREFERENCE	

1.	New Mexico Preferences	
Percentages will be determined based upon the point based system outlined in NMSA 1978, § 13-1-21 (as amended). 

A.	New Mexico Business Preference	
If the Offeror has provided their Preference Certificate the Preference Points for a New Mexico Business is 5% or (5 points)

B.	New Mexico Resident Veterans Business Preference	
If the Offeror has provided their Preference Certificate and the Resident Veterans Certification Form the Preference Point are one of the following: 

•	10% for less than $1M (prior year revenue) = 10 points	
•	8% for more than $1M but less than $5M (prior year revenue) = 8 points	
•	7% for more than $5M(prior year revenue) = 7 points	
•	

EVALUATION PROCESS

1.	All Offeror proposals will be reviewed for compliance with the requirements and specifications stated within the RFP.  Proposals deemed non-responsive will be eliminated from further consideration.

2.	The Procurement Manager may contact the Offeror for clarification of the response as needed throughout the evaluation process.

3.	Responsive proposals will be evaluated on the factors in Section V, which have been assigned a point value.  The responsible Offeror with the highest scores will be selected as finalist Offeror(s), based upon the proposals submitted.  The responsible Offeror(s) whose proposals are most advantageous to the City of Carlsbad taking into consideration the evaluation factors in Section V will be recommended for award. Please note, however, that a serious deficiency in the response to any one factor may be grounds for rejection regardless of overall score.

4. 	Once the technical proposals are scored, the committee will return the results to the Procurement Manager. The Procurement Manager will open and score the Cost Proposals based on the formula shown in Section II B7. 

5. 	The scores from the Technical Proposals will be averaged and added to the points for the Cost Proposals and any additional points allowed for NM Business Preference or NM Resident Veterans Business Preferences will be added to the total score for each Offeror as follows:

Points for Technical Proposal
+ Points for Cost Proposal
+ Any Applicable Preferences
= TOTAL SCORE

APPENDIX A

REQUEST FOR PROPOSAL

RFP Title: Groundskeeping, Maintenance and Grave Digging Services  
RFP 2023-12
ACKNOWLEDGEMENT OF RECEIPT FORM

In acknowledgement of receipt of this Request for Proposal the undersigned agrees that she/he has received a complete copy, beginning with the title page and ending with APPENDIX E.

The acknowledgement of receipt should be signed and returned to the Procurement Manager no later than Sept. 29, 2023.  Only potential Offerors who elect to return this form completed with the indicated intention of submitting a proposal will receive copies of all Offeror written questions and the written responses to those questions as well as RFP amendments, if any are issued.

FIRM: _________________________________________________________________

REPRESENTED BY: _____________________________________________________

TITLE: ________________________________ PHONE NO.: ____________________

E-MAIL:  ___________________________       FAX NO.: ________________________

ADDRESS: _____________________________________________________________

CITY: __________________________ STATE: ________ ZIP CODE: _____________

SIGNATURE: ___________________________________ DATE: _________________

This name and address will be used for all correspondence related to the Request for Proposal.

Firm does/does not (circle one) intend to respond to this Request for Proposal. Receipt form may be mailed or emailed to the following address:

Matt Fletcher, Purchasing Manager
RFP 2023-12
City of Carlsbad
P.O. Box 1569, Room 114
Carlsbad, NM  88221-1569
E-mail:  msfletcher@cityofcarlsbadnm.com

APPENDIX B

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body.  This form must be filed even if the contract qualifies as a small purchase or a sole source contract.  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.

Furthermore, the state agency or local public body shall void an executed contract or cancel a solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed  disclosure statement pursuant to the law. 

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.

“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.

 DISCLOSURE OF CONTRIBUTIONS:

Contribution Made By:		__________________________________________

Relation to Prospective Contractor:	__________________________________________

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)

APPENDIX C
Letter of Transmittal Form
RFP#:_____________________________
Offeror Name: _____________________   FED Tax ID# _______________________________
Items #1 to #7 EACH MUST BE COMPLETED IN FULL Failure to respond to all seven items WILL RESULT IN THE DISQUALIFICATION OF THE PROPOSAL!

1.  Identity (Name) and Mailing Address of the submitting organization: 
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________

2.  For the person authorized by the organization to contractually obligate on behalf of this Offer:
Name _______________________________________________________________________	
Title ________________________________________________________________________
E-Mail Address _______________________________________________________________
Telephone Number _________________________________________________________

3.  For the person authorized by the organization to negotiate on behalf of this Offer:
Name _______________________________________________________________________	
Title ________________________________________________________________________
E-Mail Address _______________________________________________________________
Telephone Number _________________________________________________________

4.  For the person authorized by the organization to clarify/respond to queries regarding this Offer:
Name _______________________________________________________________________	
Title ________________________________________________________________________
E-Mail Address _______________________________________________________________
Telephone Number _________________________________________________________

6.  Please describe any relationship with any entity which will be used in the performance of any resultant contract.  
______________________________________________________________________________
(Attach extra sheets, as needed)

7.  ___	On behalf of the submitting organization named in item #1, above, I accept the Conditions 
	Governing the Procurement as required in Section II. C.1.
___	I concur that submission of our proposal constitutes acceptance of the Evaluation Factors 	contained in Section V of this RFP. 
     ___	I acknowledge receipt of any and all amendments to this RFP.

________________________________________________	_____________________, 2023
Authorized Signature and Date (Must be signed by the person identified in item #2, above.)

APPENDIX D
RESIDENT VETERANS CERTIFICATION
                                                                   (If Applicable)
								
New Mexico Preference Resident Veterans Certification
Reminder, a copy of Resident Veterans Preference Certificate must be submitted with the proposal in order to ensure adequate consideration and application of NMSA 1978, § 13-1-21 (as amended).
__________________________________ (NAME OF CONTRACTOR) hereby certifies the following in regard to application of the resident veterans’ preference to this procurement:
Please check one box only
□ I declare under penalty of perjury that my business prior year  revenue starting January 1ending December 31 is less than $1M allowing me the 10% preference on this solicitation.  I understand that knowingly giving false or misleading information about this fact constitutes a crime.
□ I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is more than $1M but less than $5M allowing me the 8% preference on this solicitation.  I understand that knowingly giving false or misleading information about this fact constitutes a crime.
□ I declare under penalty of perjury that my business prior year revenue starting January 1ending December 31 is more than $5M allowing me the 7% preference on this solicitation.  I understand that knowingly giving false or misleading information about this fact constitutes a crime.
“I agree to submit a report, or reports, to the State Purchasing Division of the General Services Department declaring under penalty of perjury that during the last calendar year starting January 1 and ending on December 31, the following to be true and accurate:
   	“In conjunction with this procurement and the requirements of this business’ application for a Resident Veteran Business Preference/Resident Veteran Contractor Preference under  NMSA 1978, § 13-1-21 or 13-1-22, when awarded a contract which was on the basis of having such veterans preference, I agree to report to the State Purchasing Division of the General Services Department the awarded amount involved.  I will indicate in the report the award amount as a purchase from a public body or as a public works contract from a public body as the case may be.
               “I understand that knowingly giving false or misleading information on this report constitutes a crime.”
I declare under penalty of perjury that this statement is true to the best of my knowledge.  I understand that giving false or misleading statements about material fact regarding this matter constitutes a crime. 
________________________________	_________________________________	
(Signature of Business Representative)*	 (Date)
*Must be an authorized signatory for the Business. The representations made in checking the boxes constitutes a material representation by the business that is subject to protest and may result in denial of an award or termination of award of the procurement involved if the statements are proven to be incorrect.
APPENDIX E

COST PROPOSAL FORM
					   RFP 2023-12

Cost proposal for ____________________________________ 
                                                Company Name

Monthly Services  $ ______________________

Signature ___________________    Date _________
Name (Please Print) _________________
Title _______________________