BID DOCUMENTS

FOR

IFB 26-011-PW

NICKLAUS DRIVE ADA RAMP REMEDIATION

PROJECT

CORR Project – PW2674

CITY OF RIO RANCHO, NEW MEXICO

April 23, 2026

PREPARED BY:

City of Rio Rancho

Department of Finance/Purchasing Division

3200 Civic Center Circle, NE

Rio Rancho, New Mexico 87144

Telephone: 505-891-5064

TABLE OF CONTENTS

DESCRIPTION PAGE(S)

Advertisement for Bid 3

Instructions to Bidders 4 to 19

Notice to Contractors 20 to 25

Sample Contract Forms

Standard Form of Agreement Between Owner and Contractor on the Basis of a Stipulated Price 26 to 32

Performance Bond 33 to 34

Labor and Materials Payment Bond 35 to 36

Bid Submission Packet

Bid submission packet must include the following items:

• Bid Submission Cover Page 37

• Bid Form – Excel Cost Sheet also in Bonfire 38 to 40

• Bidder's Listing of Subcontractors for Compliance with Subcontractor's Fair Practices Act 41

• Bid Bond 42 to 43

• EEOC Form 44

• Non-Collusion Affidavit 45

• New Mexico Department of Transportation (NMDOT) Notice to Contractors Exhibit A

Contractors are responsible for submitting all forms in accordance with the requirements described herein.

Project Specifications and Attachments

State Wage Rate Determination- SA-26-0929-A (As Attached)

NMDOT General Conditions for T/LPA (As Attached)

Specifications and Drawings/Plans (As Attached)

2007 General Conditions of Construction Contract (EJCDC) (As Attached)

EJCDC Supplemental Conditions (As Attached)

Development Process Manual (DPM) (As Attached)

QC/QA Plan (As Attached)

CITY OF RIO RANCHO

Sealed bids for the project will be received in the Office of the City Clerk, City of Rio Rancho City Hall, 3200 Civic Center Circle NE, 1st Floor - Room #150, Rio Rancho New Mexico 87144, no later than 2:00

PM MST, April 23, 2026, at which time the public opening and reading of bids received will be conducted by the Department of Financial Services located on the third floor of City Hall atrium area.

Bidders must submit their original bid in a sealed envelope or container via USPS, other mailing services or hand deliver and must upload one (1) electronic copy on the City’s Bonfire portal to be deemed a

Responsible Bidder no later than date and address specified in above. Bidders will be deemed Non-

Responsive if original physical bid submissions and/or electronic submission are received after the deadline date and time or not submitted at all.

Project Description:

The City is soliciting formal bids for the Construction Base Bid to remove existing ADA deficient curb ramps, and construct parallel directional curb ramps, and diagonal parallel curb ramps throughout Nicklaus

Dr from Lakeview Way to Panorama Heights Dr.

Construction includes the replacement of the curb ramps and portions of valley gutter as required and ramps reconstruction to meet current ADA requirements as shown on the plans, and within the NMDOT

ADA Pedestrian Standard Details. Public Coordination Letters will be delivered to any business before work at their access entrance following the Public Notice and Communication Requirements, Classification

“D.”

All qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. Offerors on this work will be required to comply with the President's Executive

Order No. 11246, as amended.

Plans, Specifications and other Contract Documents, including instructions to Bidders and Bid Forms Files are available on the City of Rio Rancho’s IFB/RFP Postings web page via the following link in electronic format only: https://rrnm-gov.bonfirehub.com/portal/?tab=openOpportunities.

NOTICE: The City of Rio Rancho Procurement Code, Section 36.37, paragraph B, notes that New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities, and kickbacks.”

This IFB is issued on behalf of the City of Rio Rancho by the Purchasing Division, which is the SOLE

POINT OF CONTACT DURING THE PROCUREMENT PROCESS. Any inquires or requests during the procurement process shall be directed to the following point of contact:

Issuing Office: City of Rio Rancho

Purchasing Division

3200 Civic Center Circle NE

Rio Rancho, NM 87144

505-891-5064

Advertised: March 23, 2026 – Albuquerque Journal https://rrnm-gov.bonfirehub.com/portal/?tab=openOpportunities

INSTRUCTIONS TO BIDDERS

1. Defined Terms.

Terms used in these Instructions to Bidders which are defined in the New Mexico

Department of Transportation (NMDOT) Tribal/Local Public Agency Section 101

General Conditions (T/LPA) have the meanings assigned to them in the General

Conditions. Bidders are encouraged to reference the NMDOT T/LPA 100 for further bidding requirements and should there be any conflict in the City of Rio

Rancho bid document the NMDOT T/LPA shall be the governing document.

Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

1.1 LOCAL PUBLIC AGENCY/OWNER/CITY – Local Public Agency

(LPA), a municipality, City, County, village, special authority or any other instrumentality of local government sponsoring a federally funded transportation Project and determined to be qualified to assume the administrative responsibilities for such Project by the NMDOT.

1.2 BIDDER — An individual, partnership, firm, corporation, joint venture, or their authorized representative submitting a Bid..

1.3 Issuing Office –the office on behalf of which this IFB is issued by the

LPA/City. The Issuing office is the SOLE POINT OF CONTACT during the procurement process. Any inquires or requests during the procurement process shall be directed to the issuing office.

1.4 Distribution Office — the office from which the Bidding Documents are to be distributed as indicated in the Advertisement for Bids or Invitation to

Bid.

1.5 Awarded Bidder — The T/LPA’s selection of a Bidder’s Bid subject to the

Contractor’s and T/LPA’s execution of the Contract.

2. Copies of Bidding Documents.

2.1 Complete copies of Bidding Documents, except for the Standard

Specifications, may be obtained from the Distribution Office as indicated in the Advertisement for Bids.

2.2 The Standard Specifications for the Project are: the New Mexico Standard

Specifications and drawings for Public Works Construction, Current

Edition, as amended and published by the New Mexico Chapter of the

American Public Works Association (NMAPWA); the New Mexico State

Department of Transportation (NMDOT) Standard Specifications for

Highway and Bridge Construction, 2019 Current Edition, as amended and published by the NMDOT; the City of Rio Rancho Standard Details for

Roads, Drainage, Traffic, Water, and Wastewater; and the City of Rio

Rancho modifications to various NMAPWA Sections. Copies of the

NMDOT Standard Specifications for Highway and Bridge Construction may be obtained online at:

https://dot.state.nm.us/content/nmdot/en/Standards.html.

Copies of the City of Rio Rancho Standard Details and Specifications, and

NMAPWA modifications may be obtained online at:

https://www.rrnm.gov/StandardsAndSpecs.

2.3 Complete sets of Bidding Documents must be used in preparing Bids;

neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding

Documents.

2.4 OWNER and ENGINEER in making copies of Bidding Documents

available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

3. Prequalification and Qualifications of BIDDERS.

3.1 Prequalification of Bidders is a condition for submitting a Bid as authorized by the New Mexico Procurement Code, NMSA 1978, § 13-1-

82 and 13-1-134 (1984, amended 2011).

3.2 OWNER may make such investigations it deems necessary to determine the ability of the BIDDER to perform the Work, and the BIDDER shall within seven (7) calendar days furnish to the OWNER all such information and data for this purpose as the OWNER may request.

OWNER reserves the right to reject any bid if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such

BIDDER is properly qualified to carry out the obligations of the

Agreement and to complete the Work contemplated herein.

3.3 BIDDER shall have a New Mexico Contractor's License and all classifications required to perform the Work, and shall provide such information in the space provided in the Bid Form.

3.4 In order to submit a bid valued at more than sixty thousand dollars

($60,000) in order to respond to a request for proposals or to be considered for award of any portion of a public works project greater than sixty thousand dollars ($60,000) for a public works project that is subject to the

Public Works Minimum Wage Act [Section 13-4-10 NMSA 1978, et seq.], the CONTRACTOR, serving as a prime contractor or not, shall be registered with the Labor and Industrial Division of the New Mexico

Department of Worforce Solutions. Each CONTRACTOR, prime contractor or subcontractor is required to be registered pursuant to this subsection.

https://dot.state.nm.us/content/nmdot/en/Standards.html https://www.rrnm.gov/StandardsAndSpecs

4. Examination of Contract Documents and Site.

4.1 It is the responsibility of each BIDDER before submitting a Bid:

4.1.1 To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including “technical data” referred to below);

4.1.2 To visit the site(s) to become familiar with and satisfy BIDDER as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work;

4.1.3 To consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work;

4.1.4 To study and carefully correlate BIDDER's knowledge and observations with the Contract Documents and such other related data; and

4.1.5 To promptly notify OWNER of any and all conflicts, errors, ambiguities or discrepancies which BIDDER may discover in or between the Contract Documents and such other related documents.

4.2 The OWNER, ENGINEER, or other contractors performing work for the owner, certify the utility locations per Subsurface Utility Engineering

(SUE) investigations to the quality level shown in the contract documents, per the American Society of Civil Engineers Standard Guideline for the

Collection and Depiction of Existing Subsurface Utility Data, 2003. The

OWNER, ENGINEER or other contractors performing work for the

OWNER make no further guarantees as to the accuracy or completeness thereof unless it is expressly provided otherwise in the General

Conditions.

4.3 Before submitting a Bid each BIDDER will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and

Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto or which BIDDER deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the

Contract Documents.

4.4 On request, OWNER will provide each BIDDER access to the site to conduct such examinations, investigations, explorations, tests and studies as each BIDDER deems necessary for submission of a Bid. BIDDER must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies.

4.5 Reference is made to the supplemental specifications for the identification of the general nature of any work that is to be performed at the site by

OWNER or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, OWNER will provide to each BIDDER for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work.

4.6 The submission of a Bid will constitute an incontrovertible representation by BIDDER that BIDDER has complied with every requirement of this

Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that BIDDER has given OWNER written notice of all conflicts, errors, ambiguities and discrepancies that BIDDER has discovered in the Contract Documents and the written resolutions thereof by OWNER is acceptable to BIDDER, and that the Contract

Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

4.7 The provisions of the above items 4.1 through 4.7, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous

Waste or Radioactive Material covered by the T/LPA General Conditions.

5. Availability of Lands for Work, etc.

The lands upon which the Work is to be performed, rights–of–way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents.

All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR.

Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Contract

Documents. Access to lands used for offsite disposal of excess soil will be obtained and paid for by CONTRACTOR.

6. Interpretations and Addenda.

6.1 All questions about the meaning or intent of the Bidding Documents shall be submitted to OWNER in writing. Interpretations or clarifications considered necessary by OWNER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the

Issuing Office as having received the Bidding Documents. Questions received less than ten (10) calendar days prior to the date for opening of

Bids may not be answered. Only questions answered by formal written

Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER.

6.3 Each Addendum shall be a part of the Contract Documents to the same extent as though contained in the original documents and itemized listings thereof and all BIDDERS shall be bound by such Addenda. Each

BIDDER shall ascertain, prior to submitting the bid, that the BIDDER has received all Addenda issued, and shall acknowledge receipt of each

Addendum on his Bid Form.

7. Bid Guaranty.

7.1 Each Bid must be accompanied by Bid Guaranty made payable to

OWNER in an amount of at least five (5%) percent of BIDDER's total bid amount and in the form of a certified or bank check or a Bid Bond on a form acceptable to the OWNER issued by a surety meeting the requirements of the General Conditions.

7.2 The Bid Guaranty is submitted as a guarantee that the BIDDER, if awarded the Contract, will promptly execute the Agreement in accordance with the Bid Form and in the manner and form required by the Contract

Documents, will furnish good and sufficient bond for the faithful performance of the same and for the payment of all labor and materials, and furnish required certificates of insurance.

7.3 The Bid Securities of all BIDDERS except the three lowest will be returned promptly after the canvas of bids.

7.4 OWNER shall have the right to retain the Bid Guaranty of the three apparent lowest BIDDERS until either (a) the Agreement has been executed and the Labor and Material Payment Bond and the Performance

Bond and all required proof of insurance, including certificates of insurance, have been furnished to OWNER; (b) the time specified in the

Bidding Documents has elapsed so that BIDDER may withdraw the Bid

Proposal; or (c) all bids have been rejected, whichever occurs first.

7.5 If the Awarded Bidder fails to execute and deliver the Agreement and furnish the required Performance Bond, Labor and Material Payment

Bond and certificates of insurance within the required time period after receipt of the Notice of Recommendation to Award, OWNER may annul the Notice of Recommendation to Award and the Bid Guaranty of that

BIDDER shall be forfeited to OWNER as liquidated damages, not as a penalty.

7.6 Bids submitted without the required Bid Guaranty will not be considered.

7.7 The Performance Bond and the Payment Bond will be equal to one hundred (100%) percent of the contract price.

8. Contract Time.

The number of days within which, or the dates by which, the Work is to be substantially complete are set forth in the Bid Form and resulting Contract. This time may also specified in the Advertisement for completion of the Contract. This time may be defined as a specified fixed date(s), Mandatory Completion Date, a given number of Working Days, or a given number of Calendar Days or a combination of the Section 101: Abbreviations, Symbols, Terms, and Definitions

Page 10 of the NMDOT TLPA Document. The Contract Time may be amended by a Supplemental Agreement to include authorized time extensions as the performance of the Contract requires.

99.. Liquidated Damages.

Provisions for liquidated damages, if any, are set forth in the Bid Form. The

T/LPA is entitled to assess liquidated damages for failure of the Contractor to complete the Work within the Contract Time. A daily charge will be made against the Contractor not as a penalty, but as liquidated damages, for each Day for any

Work that remains uncompleted after the lapse of Contract Time.

10. Substitute and “Or–Equal” Items.

The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or “or–equal” items. Whenever it is indicated in the

Drawings or specified in the Specifications that a substitute or “or–equal” item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by

ENGINEER until after the Effective Date of the Agreement, unless noted in the

Specifications. The procedure for submission of any such application by

CONTRACTOR and consideration by ENGINEER is set forth in the General

Conditions and may be supplemented in the General Requirements.

11. Subcontractors, Suppliers and Others.

11.1 The Contractor is responsible for ensuring that its Subcontractors are prequalified by the NMDOT and are also duly licensed for the Work to be performed on the Project, are registered with all of the State agencies as is required to do business in New Mexico and to perform Work on Public

Works Projects including the New Mexico Taxation and Revenue

Department and the New Mexico Department of Workforce Solutions or successor agencies, and are in compliance with all applicable State and federal laws and regulations including the New Mexico Public Works

Minimum Wage Act.

11.2 If the General Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to

OWNER in advance of the Notice of Award, the apparent Awarded

Bidder, and any other BIDDER so requested, shall, within seven calendar

(7) days request by OWNER, submit to OWNER a list of all such

Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required.

Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by OWNER. An OWNER or ENGINEER who after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may before the Notice of Award is given request apparent Awarded Bidder to submit an acceptable substitute, in which case apparent Awarded Bidder may submit an acceptable substitute, that

BIDDER's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Awarded Bidder declines to make any such substitution, he will not thereby sacrifice his Bid Guaranty. Any Subcontractor, other person or organization so listed and to whom OWNER does not make written objection prior to the giving of the Notice of Award shall be deemed acceptable to OWNER. This subsection does not apply to the BIDDER’S listing of Subcontractors for Compliance with the Subcontractor’s Fair

Practices Act, which must be complete at the time the Bid is submitted to

OWNER.

11.2 Some Public Works Projects may be subject to the provisions of the

“Subcontractors Fair Practices Act” (Chapter 18, Laws 1988; Sections 13–

4–31 through 13–4–43 NMSA 1978). When this Act is applicable, BIDDER shall comply with the requirements set forth in the General

Conditions of these Bidding Documents.

11.3 No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other person or organization against whom CONTRACTOR has reasonable objection.

12. Bid Form.

12.1 Prices shall be filled in for all items on the Bid Form, including alternates as may be required on the Bid Form. The price for each item shall include its pro–rata share of overhead, profit and insurance. Prices shall also include any and all license and royalty fees for products, materials and processes. Prices shall be shown in numerals in ink, printed or typed in the spaces provided. Any alterations to the bid amounts by erasures or by interlineations shall be initialed by the signer of the Bid Form.

12.2 BIDDER shall include all applicable taxes, except New Mexico Gross

Receipts Tax, in all bid amounts, including Lump Sum, Unit Price and

Alternate Bid amounts. The Bid Form shall contain a separate entry for

New Mexico Gross Receipts Tax immediately preceding the Base Bid.

All Alternates shall contain a separate entry for New Mexico Gross

Receipts Tax immediately preceding the total amount of the Alternate. No

Unit Prices nor Lump Sum Amounts contained within the bid shall include

New Mexico Gross Receipts Tax.

12.3 Bids by corporations must be executed in the corporate name by the president or a vice–president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

12.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

12.5 All names must be typed or printed in ink below the signature.

12.6 BIDDER shall acknowledge receipt of all Addenda by entering the number and date of each addendum in the space provided on the Bid

Form.

12.7 The address and telephone number for communications regarding the Bid must be shown.

12.8 If BIDDER is an out–of–state corporation, evidence of authority to conduct business as an out–of–state corporation in New Mexico shall be provided in accordance with Paragraph 3 above.

12.9 BIDDER shall enter his New Mexico Contractor's License Number and

Classifications in the space provided on the Bid Form.

13. Submission of Bids.

Bids shall be submitted at the time and place indicated in the Advertisement or

Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of BIDDER and accompanied by the

Bid Guaranty and all other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation “BID ENCLOSED” on the face of it.

Delayed Opening or Closing of City Offices: In the event that City Hall is officially on a delayed opening for any reason (for example, inclement weather) and City Hall is not open at least two (2) hours prior to bid opening, the deadline for bid and proposal submissions will be delayed for exactly the amount of time indicated in the official City announcement. For example, if City Hall is on a two

(2) hour delay, deadline for receipt of bids and proposals due prior to 12:00 p.m.

will be delayed by two (2) hours and bids due after 12:00 p.m. will be due at their regularly scheduled time. Also, if City Hall is officially closed for any reason

(such as inclement weather) for all or part of the day that submission of bids is due (other than an official, announced delayed opening), bids will be due at the same time on the following business day. Any delayed opening or closing of City

Hall will be announced on the City's website, http://www.rrnm.gov.

14. Application for Statutory Preference.

In all invitations for bid and requests for proposals, the Statutory Preferences shall be applied in the manner set forth in NMSA 1978 §§ 13-1-21, 13-1-22 or 13-4-5, as amended from time to time. This section shall not apply when the project includes federal funding.

A copy of a valid Resident Business Certificate, Native American Resident

Business, Native American Resident Veteran Business, Resident Veteran

Business, Resident Veteran Contractor or Resident Contractor Certificate issued by the New Mexico Taxation & Revenue Department must be provided at the time of bid or proposal submission. Information regarding resident preference can be obtained by contacting the Point of Contact as listed herein.

http://www.rrnm.gov/

In addition to the Statutory Preferences, a preference for Local Businesses and

Area Businesses shall be administered in the same manner as the Statutory

Preferences, as follows:

(1) in the event a Local Business submits a qualifying bid or proposal and one or more Qualifying Companies also submits a bid or proposal, the

Local Business shall receive a two percent (2%) preference in addition to

(and not in lieu of) the Statutory Preference; and

(2) in the event an Area Business submits a qualifying bid or proposal and one or more Qualifying Companies also submits a bid or proposal, the

Area Business shall receive a one percent (1%) preference in addition to

(and not in lieu of) the Statutory Preference.

An offeror or bidder can only qualify as either a Local Business or an Area

Business, not both.

Information regarding the City’s Procurement Code and the application of the local and resident preference can be obtained by contacting the Point of Contact as listed herein.

For consideration for the Area, Local, and Recycled Content Goods preference, the Offeror must complete the Preference Certification Form.

In addition to the definitions and criteria set forth in the section, when a joint bid or joint proposal is submitted by both resident and non-resident businesses, the resident business preference provided pursuant to NMSA 1978 §§ 13-1-21, 13-1-

22 or 13-4-5, as amended from time to time , shall be reduced in proportion to the percentage of the contract for evaluation purposes only, based on the dollar amount of the goods or services provided under the contract, that will be performed by a non-resident business as specified in the join bid or proposal.

15. Modification and Withdrawal of Bids.

15.1 A Bidder may withdraw its Bid before Bid Opening. A Bid containing a mistake discovered before Bid Opening may be modified or withdrawn by a Bidder prior to the time set for Bid Opening by delivering written or telegraphic notice to the location designated in the Invitation for Bids as the place where Bids are to be received.

15.2 Once a Bid Opening has commenced at the date, time and place designated in the Advertisement Bids may not be withdrawn and no modifications in Bid prices or other provisions of Bids shall be permitted.

After Bid Opening, a Low Bidder alleging a material mistake of fact which makes his Bid nonresponsive may be permitted to withdraw its Bid if:

1. the mistake is clearly evident on the face of the Bid document;

or

2. the Bidder submits evidence which clearly and convincingly demonstrates that a mistakewas made.

16. Opening of Bids.

BIDDERS are invited to be present at the Bid Opening. The person(s) reading the bids will adhere to the following procedure prior to reading the amount of the bid:

16.1 Read name of BIDDER, BIDDER's New Mexico contractor's license number and classification, and when applicable the BIDDER's Resident

Contractor Number.

16.2 Read the amount of the Bid Guaranty.

16.3 Verify BIDDER's acknowledgment of Addenda.

16.4 Determine whether the Bid Proposal is signed.

16.5 Verify submittal of BIDDER's Listing of Subcontractors for compliance with Subcontractors Fair Practices Act.

16.6 Determine whether other requirements are met.

If any of the above requirements have not been met, the bid shall be read after the deficiency or deficiencies have been announced and noted.

17. Bids to Remain Subject to Acceptance.

All Bids shall remain subject to acceptance for the period of time after the scheduled closing time for receipt of bids as indicated on the Bid Form, but

OWNER may, in its sole discretion, release any Bid and return the Bid Guaranty prior to that date.

18. Award of Contract.

18.1 OWNER reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non–responsive, unbalanced or conditional Bids and to reject the Bid of any BIDDER if

OWNER believes that it would not be in the best interest of the Project to make an award to that BIDDER, whether because the Bid is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by

OWNER. OWNER also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Awarded Bidder. OWNER reserves the right to cancel the opportunity for submission of bids. OWNER further reserves the right to reject for OWNER's convenience all bids submitted. BIDDERS shall not be entitled to recover damages of any nature against OWNER for

OWNER's rejection of all bids, for cause or for convenience.

18.2 Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

18.3 In evaluating Bids, OWNER may consider the qualifications of

BIDDERS, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

18.4 OWNER may consider the qualifications and experience of

Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the General Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

18.5 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of BIDDERS, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the

Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time.

18.6 If a Contract is awarded, it will be awarded to the lowest responsive bid submitted from a responsible BIDDER on the Base Bid shown on the Bid

Form; provided, however, that if the Bid Form is a Unit Price Bid Form and there is a discrepancy between the amount shown as the Base Bid and the actual total amount of the Base Bid determined by multiplying the Unit

Price shown for each Bid Item by the Estimated Quantity shown for that

Bid Item, adding each such amount to obtain a subtotal amount and then adding the New Mexico Gross Receipts Tax amount determined by multiplying the subtotal amount by the New Mexico Gross Receipts Tax percentage given on the Bid Form, it will be awarded to the lowest responsible BIDDER on the actual total amount of the Base Bid; provided further, that when Alternates are to be accepted by OWNER, it will be awarded to the Responsible BIDDER who bids the lowest combined bid of the Base Bid and all accepted Alternates. For each Alternate, New

Mexico Gross Receipts Tax shall be shown as a separate entry after the subtotal using the method described above, and shall be followed by a total derived by adding the subtotal and Gross Receipts Tax amounts.

Alternates, if any, shall be accepted by the City, at its sole discretion, in any order or combination thereof.

18.7 In the event that two (2) or more of the bids submitted are identical in price and are the low bid, the OWNER may award by lottery to one of the identical low Bidders.

18.8 If the Contract is to be awarded, the OWNER will give the apparent

Awarded Bidder a Notice of Recommendation to Award within the period specified in the Bid Form unless the BIDDER and the OWNER agree to extend the period specified.

19. Signing of Agreement.

If and when OWNER gives a Notice of Recommendation to Award to the

Awarded Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ten (10) calendar days thereafter, BIDDER shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Performance and Payment Bonds in accordance with the General Conditions and Certificates of in accordance with the

General Conditions. Within ten (10) calendar days following the Award of

Contract by OWNER, OWNER shall deliver one fully signed counterpart to

CONTRACTOR. Each counterpart is to be accompanied by a complete set of the

Drawings with appropriate identification.

20. Non-Appropriations

The terms of this Agreement and all amounts payable hereunder are contingent upon sufficient appropriations therefore by the City’s Governing Body. If sufficient appropriations are not made, the City shall notify the Contractor of the same, and this Agreement shall terminate forthwith.

21. Pre–Bid Conference.

When a pre–bid conference date is given in the Advertisement for Bid or by

Addendum, the conference shall be conducted to explain the Project. Attendance at the pre–bid conference shall be mandatory only when so required in the

Advertisement for Bids or Addendum. When attendance is mandatory, failure to attend shall disqualify the prospective BIDDER from submitting his Bid.

Whenever attendance is not specified as mandatory, prospective BIDDERS are encouraged to attend and should be prepared to ask questions or request clarifications regarding the Project and Bidding Documents. Nothing stated at the pre–bid conference shall change the Bidding Documents unless a change is made by Addendum. When attendance is not mandatory, failure of a BIDDER to attend the pre–bid conference shall mean that the Bidding Documents are clear, unambiguous, and acceptable to all non–participants, with respect to all who submit bids.

22. Guarantee Provisions.

The CONTRACTOR shall guarantee the Work as provided in the General

23. Affirmative Action Program.

The CONTRACTOR shall comply with the Affirmative Action/Equal

Employment Opportunity and Nondiscrimination requirements in the General

The CONTRACTOR shall comply with all federal, state and City of Rio Rancho requirements of Title VI of the Civil Rights Act as amended from time to time.

The City of Rio Rancho Title VI policy is available for CONTRACTOR on the

City’s website: www.rrnm.gov.

24. Wage Rates.

The BIDDER’s attention is directed to the fact that wages to be paid on this

Project shall not be less than the prevailing wage rates as listed by the New

Mexico State Office of Labor Commissioner and, where applicable, the prevailing

Federal Wage Rate Decision listed by the U.S. Department of Labor in effect at the scheduled closing time for receipt of bids.

In the event more than one (1) wage scale applies to the Project, the appropriate wages to be paid to the various classes of laborers and mechanics employed under the contract shall be the highest prevailing wages for each job classification for the particular type of construction being performed by the construction worker.

25. Permits, Licenses, and Taxes

The Contractor shall procure all permits and licenses; pay charges, fees, royalties, and appropriate taxes; and give notices necessary and incidental to the lawful performance of the Contract.

Prior to beginning Work the Contractor shall furnish to the T/LPA a written list of all permits required for the proper completion of the Contract. The list shall clearly identify the type of permit or permits that must be obtained before Work can be started. Copies of fully executed permits shall be furnished to the T/LPA upon request.

26. Collusion

All BIDDERS must submit an affidavit of non-collusion and certify that the bid submitted was arrived at without resorting to any collusive bidding practices.

Collusion is defined as any activity that artificially affects prices when bidding on a contract or activity that restricts competition among bidders or potential bidders by exchanging or sharing information with firms presumed to be competing for the same contract.

http://www.rrnm.gov/

Any person with knowledge of collusive bidding or other misconduct is encouraged to report possible violations to the City Purchasing Manager.

27. Worker's Compensation Insurance/Non–Resident Contractors.

Notice is given that in addition to the requirements of the General Conditions of the Contract, Non–Resident Contractors shall comply with the provisions of

Sections 52–1–66; 59A–17–10.1; 59A–18–1; and 59A–18–12 NMSA 1978, pertaining to the worker's compensation insurance policy and rate for employers not domiciled in New Mexico.

The Department is to be named as an additional insured on the contractors and subcontractor's policy and a certificate of insurance and endorsements listing the

Department as an additional insured must be provided to the Department and it must state that coverage provided under the policy is primary over any other valid insurance.

Any failure to provide coverage as indicated above may result in loss of funding for the current agreement and a 2-year suspension from participating in the program until the participating agency or tribe can meet the conditions of the program.

28. STATE OF NEW MEXICO SUBCONTRACTORS FAIR PRACTICES

ACT. This Public Works Project is subject to the provisions of the

Subcontractors Fair Practices of the State of New Mexico.

28.1 General: This law requires that all work being performed by a

Subcontractor in the amount exceeding the listing threshold be performed under the provisions of the Subcontractors Fair Practices Act.

28.2 The listing threshold shall be five thousand dollars ($5,000) or ½ of 1% of the Engineer’s Estimate of the total project cost, not including alternates, whichever is greater.

28.3 List of Subcontractors Required: BIDDER shall define the categories of

Subcontractors in his bid and shall list no more than one Subcontractor for each category. This listing shall only apply to those Subcontractors whose listing is required pursuant to the New Mexico Subcontractors Fair

Practices Act and estimated work exceeds the threshold dollar amount given in Section 27.2 above. This list shall be completed on the form entitled “Bidder’s Listing of Subcontractor for Compliance with the

Subcontractors Fair Practices Act” immediately after the Bid Form. This sheet must be filled in if a Subcontractor whose work exceeds the threshold limit is to be used. The list shall include the name and business address of each Subcontractor under potential subcontract to the bidder, who will perform work or labor or render service, which exceeds the threshold amount. All Subcontractors whose listing is required pursuant to the New Mexico Subcontractors Fair Practices Act and whose estimated work exceeds the threshold shall be listed at the time the Bid is submitted to OWNER. With respect to any category of work for which no subcontractor is listed in the above-referenced form and the BIDDER does not state that ‘no bid was received’ or that ‘only one bid was received’, BIDDER should be prepared to document (1) that it is licensed and prepared to do the work itself, and/or (2) that it has determined, at the time of submission of its bid, that the category of work does not exceed the threshold dollar amount given in Section 27.2 above. Failure to complete this form will result in a non-responsive bid that will be rejected.

28.4 Delays Attributable to Hearings Required by the Subcontractors Fair

Practices Act: In the event a hearing is held pursuant to the provisions of the Subcontractors Fair Practices Act and a delay in the Work of the

Project is caused as a result, the CONTRACTOR shall not be entitled to an increase in the contract amount or contract time.

28.5 Applicability of this Section: Any questions regarding this act should be referred to Legal Counsel.

29. The selected Contractor shall comply with all applicable Worker’s Safety

Requirements of the U.S. Occupational Health and Safety Administration.

30. The City of Rio Rancho Procurement Code, Section 36.37, Paragraph B, notes that New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks.

31. PURCHASING OFFICE

This IFB is issued on behalf of the City of Rio Rancho by the Purchasing Office, which is THE SOLE POINT OF CONTACT DURING THE

PROCUREMENT PROCESS. Communications initiated by a bidder to this

IFB with members of the Governing Body or City personnel, other than as coordinated by the Point of Contact noted below, shall be grounds for

Offeror disqualification. Any inquiries or requests during this procurement shall be submitted to the following Point of Contact in writing:

Department of Finance Services, Purchasing Division

Attention: Jerilynn L. Sans, Purchasing Specialist

3200 Civic Center Circle NE, STE 300

Telephone: 505-891-5064 Email: jsans@rrnm.gov mailto:jsans@rrnm.gov

NOTICE TO CONTRACTORS

NICKLAUS ADA RAMP REMEDIATION PROJECT

1. Statement of Scope of Work

The City is soliciting formal bids for the Construction Base Bid to remove existing ADA deficient curb ramps, and construct parallel directional curb ramps, and diagonal parallel curb ramps throughout Nicklaus Dr from Lakeview Way to Panorama Heights Dr.

Construction includes the replacement of the curb ramps and portions of valley gutter as required and ramps reconstruction to meet current ADA requirements as shown on the plans, and within the NMDOT ADA Pedestrian Standard Details. Public Coordination

Letters will be delivered to any business before work at their access entrance following the Public Notice and Communication Requirements, Classification “D.”

Vendor shall submit working red line drawings/As-Builts, following the format and method stated in the Development Process Manual (DPM) Chapter II.7 Revised for

Public Works (Attached), to the Project Manager or Project Inspector on a monthly basis in order to obtain payment.

2. Standard Specifications

The Standard Specifications for the Project are: the City of Rio Rancho Construction

Standard Specifications; the New Mexico Standard Specifications for Public Works

Construction, Current Edition, as amended and published by the New Mexico Chapter of the American Public Works Association (NMAPWA); the New Mexico State Department of Transportation (NMDOT) Standard Specifications for Highway and Bridge

Construction, Current Edition, as amended and published by the NMDOT; the City of

Rio Rancho Standard Details and Specifications for Roads, Drainage, Traffic, Water, and

Wastewater; and the City of Rio Rancho modifications to various NMAPWA Sections.

Copies of the NMDOT Standard Specifications for Highway and Bridge Construction may be obtained online here . Copies of the City of Rio Rancho Standard Details and

Specifications, and NMAPWA modifications may be obtained online here . The City will utilize Supplemental Condition - SC 3.03.B.2 of the Standard General Conditions of https://dot.state.nm.us/content/nmdot/en/Standards.html https://www.rrnm.gov/StandardsAndSpecs the Construction Contract prepared by the Engineer's Joint Contract Documents

Committee (EJCDC) to determine order of precedent for dealing with conflicts.

3. Project Schedule

a. Legal Advertisement: March 23, 2026

b. Question Deadline: April 3, 2026, by 5:00 PM. MST

c. Addendum Deadline: April 10, 2026

d. Bid Submission Deadline (Mailed to City Clerk Office and Uploaded in Bonfire):

April 23, 2026 at 2:00 PM MST

e. Bonfire Bid Submissions are required by: April 23, 2026, at 2:00 PM MST to be deemed Responsive/Responsible Bidders. If original bids are not received Bidders will be deemed non-responsive/non-responsible.

4. Pre-Qualification for Bidders

Contractors and Subcontractor(s) shall be Pre-Qualified pursuant to the NMDOT prequalification process prior to bid submission. This information can be found on the

NMDOT website: https://www.dot.nm.gov/highway-operations-program/operations-support-division-director/construction-civil-rights-bureau/prequalification-requirements/.

The Prime Contractor must be prequalified prior to bidding on this project. All subcontractors working for the Prime Contractor must be pre-qualified before they begin work on the project.

5. Requirement of Vendor Registration with City of Rio Rancho Purchasing Office

The awarded vendor must have a current registration with the City of Rio Rancho for the

Purchasing Office to issue a Purchase Order on any project. If the Bidder is not currently registered, a completed Vendor Registration Form and W9 must be completed and submitted to the Purchasing Office. Contractors can find these forms and additional information regarding Vendor Registration at the following web address here.

Contractors may also contact the Purchasing Office to check their vendor registration status.

6. Determination of Notice to Proceed Date

Determination of the Notice to Proceed date is at the City of Rio Rancho's sole discretion.

The project contains items that potentially have long lead times. The notice to proceed will be based on the accepted baseline schedule. The Contractor shall be required to submit the material submittals as close to contract execution as possible and order the materials. If there are long lead times for material delivery, the Contractor shall show the anticipated delivery dates in the baseline schedule.

7. American with Disability Act (ADA) Compliance

All Americans with Disabilities Act (ADA) Construction Inspection forms must be completed and delivered to the Project Inspector and Project Manager before requesting payment on these items.

https://www.dot.nm.gov/highway-operations-program/operations-support-division-director/construction-civil-rights-bureau/prequalification-requirements/ https://www.dot.nm.gov/highway-operations-program/operations-support-division-director/construction-civil-rights-bureau/prequalification-requirements/ https://www.rrnm.gov/VendorForms

8. Public Notice and Communication Requirements

Acquisition and completion of any items required by the selected Classification Projects below are incidental to specification number 618011 – Public Awareness. Any signage listed in the Classification Projects below is for public notification and is not considered a

Traffic Control Device or Traffic Control.

The Contractor shall be required to notify the Rio Rancho Fire, Police, Emergency

Medical responders, Waste Management, Rio Rancho Public Schools, the United States

Postal Service, etc. as work progresses and access changes.

• RRPD – Richard Koschade rkoschade@rrnm.gov

• RRPD – Scott Pope spope@rrnm.gov

• RRPD – Nick Army narmy@rrnm.gov

• RRFR – Brian Johnson bjohnson@rrnm.gov

• RRFR/EMS – Chris Mandeville- cmandeville@rrnm.gov

• RRPS – Nick Brook Nicholas.brook@rrps.net

• RRPS – Tony Gonzales tony.gonzales@rrps.net

• RRPS – Karen Ramirez karen.ramirez@rrps.net

• RRPS – Wyndham Kemsley wyndham.kemsley@rrps.net

• RRPS – Stephen Castillo stephen.castillo@rrps.net

• RRPS – Richard Valenzuela richard.valenzuela@rrps.net

• Waste Management – Dan Darnell ddarnell@wm.com

• USPS – Melissa Keeren Melissa.a.keeran@usps.gov

• USPS – Generic email 87124rioranchoNM@usps.gov

• Comcast/Xfinity – Ronald Phillips – Project Manager ronald_phillips2@comcast.com

• Comcast/Xfinity – Anthony Perez – Construction Manager anthonyl_perez@comcast.com

• Ezeefiber – Aaron Apenbrinck – Director of Construction aaron.apenbrinck@ezeefiber.com

• Sandoval County – Mark Hatzenbuhler mhatzenbuhler@sandovalcountynm.gov

• CORR – Peter Wells pwells@rrnm.gov

• CORR – Jaley Turpen jturpen@rrnm.gov

• CORR – Jessie Gilliam jgilliam@rrnm.gov

Classification D

Communication is typically little to no time to provide advanced notice, but will include: verbal, website, and social media (when applicable).

Verbal Communication: When a project is in the early stages, design or inception, and throughout construction, contact should be made with residents and…