Invitation For Bids (IFB)

Incorporated County of Los Alamos Procurement Division

101 Camino Entrada, Building 3 Los Alamos, NM 87544

The County of Los Alamos is an Equal Opportunity Employer

NOTIFICATION REGARDING SUBMISSION PROCESS AND REGISTRATION INSTRUCTIONS

The Incorporated County of Los Alamos (“County”) has recently implemented a new on-line eProcurement portal. This new platform, Euna Procurement powered by Bonfire, provides the County’s electronic Bid and Proposal process (“County’s Procurement Portal”). It is where the County will post solicitation opportunities, including Invitation for Bids (IFB), Request for Proposals (RFP), Request for Qualifications (RFQ) and Request for Information/Interest (RFI). The County’s Procurement Portal will streamline the County’s Bid process for Bid or Proposal submission, acceptance, evaluation, and award. For vendors, the County’s Procurement Portal will enhance communication, allow for fast and accurate Bids and Proposals, and provide automatic notification about projects.

Registered vendors will view and submit Bids and Proposals electronically. The past practice of submitting electronic Bids and Proposals by email or submitting paper Bids and Proposals is being phased out. If you are seeing this notification in a solicitation document, submissions will be accepted ONLY electronically through the County’s Procurement Portal for this solicitation. It is every Offeror’s responsibility to read, understand, and submit Bids and Proposals in accordance with the instructions provided in and specific to each solicitation document.

Required Action: Please register as a vendor on the County’s Procurement Portal by visiting https://losalamosnm.bonfirehub.com and click on “Register”. Registration is free and only takes a few minutes. Please be sure to select the applicable NIGP: The Institute for Public Procurement (“NIGP”) Commodity Codes for your business when you are prompted so that you can receive notification of recommended opportunities when they are sent out by the County to the NIGP Commodity Codes you have selected.

Already Have a Bonfire Vendor Account? If you already have a Bonfire vendor account and are already registered for another agency’s portal, you will still need to visit the County’s Procurement Portal at https://losalamosnm.bonfirehub.com and click on “Log In” to provide County-requested information, view open opportunities, receive opportunity notifications, and submit Bids and Proposals through the County’s Procurement Portal. You will be able to manage the multiple agencies with whom you do business through the button labelled “My Supplier Hub” in your Bonfire account.

For Bonfire Support, visit the Vendor Help Center at https://vendorsupport.gobonfire.com where you can view support articles and videos and search FAQ’s on all aspects of Bonfire. For personal assistance, you can email Support.Bonfire@eunasolutions.com . Support is available Monday to Friday from 6:00 a.m. to 6:00 p.m. Mountain Time.

INCORPORATED COUNTY OF LOS ALAMOS

BID AND SPECIFICATIONS

Finch Street Extension

INVITATION FOR BIDS NO. IFB26-22

Advertised on April 9, 2026 in the Los Alamos Daily Post and Albuquerque Journal https://losalamosnm.bonfirehub.com/ https://vendorsupport.gobonfire.com/ mailto:Support.Bonfire@eunasolutions.com

IFB26-22 Incorporated County of Los Alamos Finch Street Extension

Prepared by:

Jennifer Morrow P.E. Project Manager

Reviewed by:

Eric Ulibarri P.E., County Engineer

Authorized for release by:

Eric Martinez P.E., Public Works Director

Remainder of this page intentionally left blank.

Docusign Envelope ID: 7E05D35F-1C73-414E-8BE1-D16AD3BFA750

1.0 BIDDING PHASE ----------------------------------------------------------------------------------- 6

1.1 Invitation for Bids ------------------------------------------------------------------------------------------------------------------- 6

1.2 Summary of Work ------------------------------------------------------------------------------------------------------------------- 9

1.3 Requirements for Bidders -------------------------------------------------------------------------------------------------------11

1.3.1 Bid Evaluation Criteria ------------------------------------------------------------------------------------------------------11

1.3.2 Required Bid Response Documents -------------------------------------------------------------------------------------11

1.3.3 The Bidder’s Bid Response Documents --------------------------------------------------------------------------------11

1.3.4 Liquidated Damages for Failure to Enter into Contract ------------------------------------------------------------12

1.3.5 Conditions of Work ---------------------------------------------------------------------------------------------------------12

1.3.6 Addenda and Requests for Interpretation ----------------------------------------------------------------------------12

1.3.7 Power of Attorney -----------------------------------------------------------------------------------------------------------13

1.3.8 Obligation of Bidder --------------------------------------------------------------------------------------------------------13

1.3.9 Safety Standards and Accident Prevention ---------------------------------------------------------------------------13

1.3.10 Substitutes or Brand Name or Equal ------------------------------------------------------------------------------------14

1.3.11 Bids to Remain Subject to Acceptance ---------------------------------------------------------------------------------14

1.3.12 Withdrawal of Bids ----------------------------------------------------------------------------------------------------------14

1.3.13 Acceptance or Rejection of Bids -----------------------------------------------------------------------------------------14

1.3.14 Award --------------------------------------------------------------------------------------------------------------------------15

1.3.15 Registration of Contractors and Subcontractors --------------------------------------------------------------------15

1.3.16 Procurement Preferences -------------------------------------------------------------------------------------------------15

1.4 Notices to Contractors ------------------------------------------------------------------------------------------------------------16

1.4.1 Applicable Law ---------------------------------------------------------------------------------------------------------------16

1.4.2 Gross Receipts Tax ----------------------------------------------------------------------------------------------------------16

1.4.3 Minimum Wage Rates ------------------------------------------------------------------------------------------------------16

1.4.4 Work Conditions -------------------------------------------------------------------------------------------------------------16

1.4.5 Public Information ----------------------------------------------------------------------------------------------------------16

1.4.7 NMDOT Standard Specifications -----------------------------------------------------------------------------------------17

1.4.8 Supplemental Technical Specifications --------------------------------------------------------------------------------17

1.4.9 Abandoned Utilities ---------------------------------------------------------------------------------------------------------18

1.4.10 Coordination with County Gas, Water, Sewer (GWS) & Electric Operations ---------------------------------18

1.4.11 Time of the Essence ---------------------------------------------------------------------------------------------------------18

1.4.12 Potholing ----------------------------------------------------------------------------------------------------------------------18

1.4.13 Permits, CPM Schedule, and Roadway Material Submittals -----------------------------------------------------------19

1.4.14 Geotechnical Investigation Report --------------------------------------------------------------------------------------20

1.4.15 Disposal of Excess Material -----------------------------------------------------------------------------------------------20

1.4.16 Storm Water Control -------------------------------------------------------------------------------------------------------20

1.4.17 Field Offices -------------------------------------------------------------------------------------------------------------------20

1.4.18 Security ------------------------------------------------------------------------------------------------------------------------20

1.4.19 Maintenance During Construction --------------------------------------------------------------------------------------21

1.4.20 Snow Removal and Ice Control-------------------------------------------------------------------------------------------21

1.4.21 Preconstruction Walk-Through ------------------------------------------------------------------------------------------21

1.4.22 Cast Iron Truncated Domes – ADA Detectable Warning Surfaces -----------------------------------------------23

1.4.23 Traffic Control Supervisor -------------------------------------------------------------------------------------------------23

1.4.24 ADA Construction Inspection Procedure [January 1, 2019] ------------------------------------------------------------23

1.4.25 Project Liaison ----------------------------------------------------------------------------------------------------------------23

1.4.38 Special Project Accommodations ----------------------------------------------------------------------------------------23

1.4.39 Rock Excavation (Including Reinforced Concrete) ------------------------------------------------------------------------24

1.5 Bid Forms -----------------------------------------------------------------------------------------------------------------------------25

1.5.1 Bid Form -----------------------------------------------------------------------------------------------------------------------27

1.5.2 Alternates and Allowances ------------------------------------------------------------------------------------------------32

1.5.3 List of Subcontractors ------------------------------------------------------------------------------------------------------33

1.5.4 Bid Bond -----------------------------------------------------------------------------------------------------------------------34

1.5.7 Permanent Main Office Address of Company ------------------------------------------------------------------------37

1.5.8 Authorization for Verification of Information ------------------------------------------------------------------------37

1.5.9 Certificate of Contractors Registration --------------------------------------------------------------------------------38

2.0 AWARD PHASE ----------------------------------------------------------------------------------- 39

2.1 Award Forms ------------------------------------------------------------------------------------------------------------------------39

2.1.1 Notice of Award -------------------------------------------------------------------------------------------------------------39

2.1.2 Receipt of Notice of Award -----------------------------------------------------------------------------------------------41

2.1.3 Performance Bond ----------------------------------------------------------------------------------------------------------42

2.1.4 Payment (Labor and Materials) Bond ----------------------------------------------------------------------------------45

2.1.5 Insurance Requirement ----------------------------------------------------------------------------------------------------47

2.1.6 Contract ------------------------------------------------------------------------------------------------------------------------49

3.0 CONSTRUCTION PHASE ------------------------------------------------------------------------ 56

3.1 Construction Phase Related Forms --------------------------------------------------------------------------------------------56

3.1.1 Contractor Personnel Information --------------------------------------------------------------------------------------56

3.1.2 Notice to Proceed -----------------------------------------------------------------------------------------------------------57

3.1.3 Acceptance of Notice to Proceed ----------------------------------------------------------------------------------------58

3.1.4 Application and Certification for Payment Part 1 -------------------------------------------------------------------59

3.1.5 Application and Certification for Payment Part 2 -------------------------------------------------------------------60

3.1.6 Affidavit of Payment and Release of Liens ----------------------------------------------------------------------------61

3.1.7 Field Order --------------------------------------------------------------------------------------------------------------------63

3.1.8 Change Order -----------------------------------------------------------------------------------------------------------------64

3.2 Conditions of the Contract - General Conditions --------------------------------------------------------------------------69

3.2.1 Definitions ---------------------------------------------------------------------------------------------------------------------69

3.2.2 Additional Instructions -----------------------------------------------------------------------------------------------------72

3.2.3 Schedules, Reports and Records -----------------------------------------------------------------------------------------74

3.2.4 Shop Drawings and Submittals -------------------------------------------------------------------------------------------76

3.2.5 Start of Various Types of Work and Management Planning ------------------------------------------------------77

3.2.6 Materials, Services and Facilities ----------------------------------------------------------------------------------------78

3.2.7 Substitutes or “Brand Name” or Equal ---------------------------------------------------------------------------------79

3.2.8 Inspection and Testing -----------------------------------------------------------------------------------------------------81

3.2.9 Correction of Work----------------------------------------------------------------------------------------------------------82

3.2.10 Patents -------------------------------------------------------------------------------------------------------------------------83

3.2.11 Surveys, Permits, and Regulations --------------------------------------------------------------------------------------84

3.2.12 Subsurface and Physical Conditions ------------------------------------------------------------------------------------85

3.2.13 Protection of Work, Property and Persons----------------------------------------------------------------------------87

3.2.14 Changes in the Work -------------------------------------------------------------------------------------------------------88

3.2.15 Suspension, Delay or Termination of Work ---------------------------------------------------------------------------91

3.2.16 Subcontracting ---------------------------------------------------------------------------------------------------------------93

3.2.17 Duties of the Contractor ---------------------------------------------------------------------------------------------------93

3.2.18 Job Site Administration ----------------------------------------------------------------------------------------------------94

3.2.19 Engineer’s Authority --------------------------------------------------------------------------------------------------------98

3.2.20 Duties, Responsibilities and Limitations -------------------------------------------------------------------------------99

3.2.21 Engineer’s Review of Work, Rejection of Work, Inspections, and Tests ---------------------------------------99

3.2.22 Limitations of Authority ------------------------------------------------------------------------------------------------- 100

3.2.23 Land and Right-of-Way --------------------------------------------------------------------------------------------------- 100

3.2.24 Warranty/Guaranty ------------------------------------------------------------------------------------------------------- 100

3.2.25 Miscellaneous -------------------------------------------------------------------------------------------------------------- 101

3.2.26 Dispute Resolution, Applicable Law, and Venue ------------------------------------------------------------------- 102

3.2.27 Examination of Records Provisions ----------------------------------------------------------------------------------- 102

3.2.28 American with Disabilities Act Compliance ------------------------------------------------------------------------- 103

3.2.29 A. Bids and Proposals are public Records --------------------------------------------------------------------------- 103

3.2.30 Wage Rate Determination ---------------------------------------------------------------------------------------------- 103

3.3 ATTACHMENTS -------------------------------------------------------------------------------- 104

3.3.1 License Agreement for Staging Area ---------------------------------------------------------------------------------- 105

3.3.2 Wage Rate Information -------------------------------------------------------------------------------------------------- 110

3.4 SPECIAL PROVISIONS ------------------------------------------------------------------------ 125 SECTION 704-F: BIKE LANE RESIN BONDED AGGREGATE SURFACING TREATMENT ------------------------------------- 126 SECTION 906 MINIMUM TESTING REQUIREMENTS (MTR’s) ------------------------------------------------------------------ 131 SECTION 423 HOT MIX ASPHALT (HMA) ------------------------------------------------------------------------------------------- 140

3.5 TECHNICAL SPECIFICATIONS ----------------------------------------------------------------- 156

3.6 RETAINING WALL GEOTECHNICAL REPORT ---------------------------------------------- 173

1.0 BIDDING PHASE

1.1 Invitation for Bids

The Incorporated County of Los Alamos (“County”) reserves the right, in its sole discretion, to accept any bid and to reject any or all bids.

Bids are invited from all responsible bidders.

1. ELECTRONIC SUBMISSIONS ONLY

A full copy of the solicitation and all associated documents can be found on the County’s Procurement Portal at https://losalamosnm.bonfirehub.com/. Only Bids submitted through the County’s Procurement Portal by the Bid Due Date stated herein, or as may be modified by addendum, will be considered. Late responses will not be considered. To register to view and download solicitation documents and submit a Bid through the County’s Procurement Portal, follow the instructions on page 1 of this solicitation.

Only Bids received through the Procurement Portal prior to 2:00 p.m. MDT, April 28, 2026 will be reviewed.

2. ADDITIONAL DOCUMENTS AND INFORMATION INCLUDED AS A PART OF THIS IFB

Additional documents are referenced in this IFB, which may include, but are not limited to, exhibits, attachments, links to documents online, and documents that are provided through the County’s Procurement Portal. Any such documents are considered to be a part hereof and constitute, along with this solicitation document and any addenda, the complete solicitation package. Documents required to be submitted as a component of Bidders’ Response will be noted as such in each individual solicitation posted on the County’s Procurement Portal, and Bidders will be unable to submit their Bids through the County’s Procurement Portal until all required documents and information have been uploaded or provided by Bidders.

Please also reference “1.3.3 The Bidder’s Bid Response Documents ” below.

3. GRANT RELATED INFORMATION

It is not anticipated that this project will be funded by a grant; no additional grant-related information provided.

Invitation for Bids Number: IFB26-22

Finch Street Extension

Bid security in the amount of five percent (5%) of the bid must accompany the bid. Such cash, certified checks or bid bonds will be returned to all except the three finalist bidders within three days after the opening of bids. The remaining cash, checks and bid bonds will be returned promptly after the County and the accepted Bidder have executed the contract, or if no award has been made within sixty (60) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as Bidder has not been notified of the acceptance of Bidder’s bid.

In submitting their Bid Bond, it is not mandatory that Bidders use the Bid Bond form provided in the packet. The County strongly encourages all Contractors to use this form, but if the contractor elects not to use it, the Bid Bond must be submitted on a form acceptable in the construction industry and approved by the County Project Manager in advance of the bid due date.

A Non-Mandatory Pre-Bid conference will be held on April 15, 2026, at 11:00 AM MDT. This conference will be held in person at the Los Alamos County Municipal Building, 1000 Central Avenue, Room 330, Los Alamos, NM 87544, and via Microsoft Teams, the link for the Teams meeting is provided in the Project in the Procurement Portal.

This conference is held to answer questions from the prospective bidders as well as familiarize bidders with the project. Questions regarding the meaning of plans, specifications or other documents related to the project should be submitted in writing prior to the pre-bid conference.

The County will preside over the pre-bid conference and provide for the recording and distribution of minutes. The pre-bid conference will include, but not be limited to the following:

1. Discussion of schedule for procurement, progress, values for progress payments and submittals.

2. Critical work sequencing and priorities.

3. Use of construction site premises, storage areas, office areas, security, cleaning, and

County’s needs.

4. Transmittal, review, and distribution of submittals.

5. Field decision process.

6. Maintain record documents.

7. Public Information.

QUESTIONS

Any questions must be received in writing at least six (6) business days prior to the submission due date, unless otherwise stated herein or in an addendum. Questions must be submitted through the County’s Procurement Portal. Please follow the instructions on page one (1) of this document to register for the County’s Procurement Portal to submit written questions. Bidders who submit questions via e-mail or by phone shall be redirected to submit written questions through the County’s Procurement Portal.

Bidders must submit in writing through the County’s Procurement Portal, as stated herein, any questions or requested clarification necessary for Bidder to provide a complete Response with all Bid response components and pricing included. Bidders are asked to refrain from including in Bids statements such as “more information available upon request,” “pricing to be determined,” or other similar statements. Such statements and failure of Bidder to seek clarification needed for Bidder to provide the requested information may result in a Bidder being found non-responsive or non-responsible. This in no way may be construed to conflict with County’s right to hold interviews and discussions for clarification with Bidders, as further described herein. Failure of any bidder to receive any addendum or interpretation shall not relieve such bidder from any obligation under its bid as submitted. All addenda so issued shall become part of the solicitation documents.

The County reserves the right to issue addenda to the solicitation documents including construction specifications and plans during the advertising period as provided in the solicitation documents. Bidders are responsible for determining if any addenda have been issued. The terms, bid and solicitation are interchangeable. Also, the defined terms contract and agreement are interchangeable.

1.2 Summary of Work

Bid Number: IFB26-22

This project is issued by and under the control of The Incorporated County of Los Alamos. The contracting office is the Public Works Department. The location of the project is in the County of Los Alamos, New Mexico.

Plan documents, geotechnical report, and special provision documents may be accessed at the following Egnyte link:

https://losalamosnm.egnyte.com/fl/HX9CK44YjWrq

The summary of work is as follows, but is not limited to the following:

Part 1 Project Scope of Work:

The Finch Street project will construct an extension of Finch Street from the end of 35th Street through the current Los Alamos Medical Center (LAMC) parking lot to Trinity Drive (NM 502). The project will reconfigure the Los Alamos Medical Center existing parking lot and relocate their driveway east to the new Finch Street connection with Trinity Drive. The project will provide a new roadway, sidewalk, and pedestrian ramps along Finch Street and a new right turn lane from Trinity on to the new Finch Street connection.

As a base bid, in addition to extending Finch Street to Trinity Drive (NM 502) the project will reconfigure the LAMC parking lot to include new asphalt surface, lighting, curb and gutter, drainage and striping. A deductive bid alternate will consist of removing the full depth paving, basecourse and subgrade work in the LAMC parking area and replace with asphalt patching and fog seal existing pavements.

Part 2 Work Sequence:

A. The Contractor shall prepare and submit for the Owners approval a work sequence plan.

Once approved, the contractor shall execute the plan and resubmit for the owner’s approval any revisions needed to this plan.

B. Contractor shall test all materials, parts and equipment installed as part of this project;

start up all systems, before Final Acceptance by Owner.

Part 3 Incidental Work:

Contractor shall provide, as part of the contract price, all labor, superintendence, machinery, equipment, supplies, temporary utility services, third party compliance testing etc.

Solicitation Issue Date April 9, 2026 Pre-Bid Meeting April 15,2026 Bids Due April 28,2026 Bid Award May 19, 2026 Pre-Construction Meeting TBD Notice to Proceed TBD Substantial Completion Date November 20, 2026 Final Completion Date December 18,2026 https://losalamosnm.egnyte.com/fl/HX9CK44YjWrq

The above dates are tentative and subject to change.

Work to achieve Final Completion, including all Operations and Maintenance Manuals, final Certified Payrolls, As-built drawings, Warranty Certificates, Final Inspection by the Manufacturer and approval of the Installation, and other close-out documents by December 18, 2026.

1.3 Requirements for Bidders

Bids must be made with the understanding and in accordance with these conditions for bidders:

1.3.1 Bid Evaluation Criteria

Bid acceptance and bid evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this article. Bids shall be evaluated based on the requirements set forth in the IFB, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total of life cycle costs. The IFB shall set forth the evaluation criteria to be used. Only criteria that are set forth in the IFB may be used in bid evaluation. Interviews are to be used only for the purpose of clarification. The final evaluation results shall be forwarded to the purchasing agent.

The evaluation criteria for this Bid are:

1. Accurate submission of Bid Response Documents

2. Cost

The County may make such investigations as deemed necessary to determine the ability of the Bidder, and any prospective subcontractors of the Bidder, to perform the work, and the bidder shall furnish to the County all such information and data for this purpose as the County may reasonably request. The County reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the County that such Bidder is properly qualified to carry out the obligations of the Contract and to timely complete the work contemplated herein. Conditional bids may not be accepted in the sole discretion of the County.

When bids are received from a bidder who requests preference, and the bidder has provided evidence that the bidder qualifies for preference as described in section 1.3.16 below the following procedure shall be utilized: When bids are received, the price quoted by the qualifying vendor shall be multiplied by 0.95. After application of the preference factor, the contract shall be awarded to the lowest bidder.

If one or more scores are equal, the same procedure shall be followed with respect to the next category of offerors listed, and the next, until an offer qualifies for award. The priority of categories of offers is as follows:(1) Local business; (2) Resident business.

1.3.2 Required Bid Response Documents

The bidder shall follow the instructions described in Section 1.1 Invitation for Bids.

1.3.3 The Bidder’s Bid Response Documents

The following documents must be completed and included, the documents identified with section numbers below are available in the Procurement Portal as part of the solicitation document, the document should be submitted in this preferred order:

1. Copy of Bidder’s State of New Mexico Contractor’s License(s) with proper classifications.

2. Bid Form (Section 1.5.1)

3. Alternatives and Allowances, if applicable (Section 1.5.2)

4. List of Subcontractors with Company Name, license number(s) and classification(s) (Section 1.5.3).

5. Bid Bond (Section 1.5.4)

6. Campaign Contribution Form (Section 1.5.5)

7. Certification – Debarment, Suspension, and other Responsibility Matters (Section

1.5.6)

8. Permanent Main Office Address of Company (Section 1.5.7) – Note requirement to provide a Certificate of Good Standing and Compliance from the New Mexico Secretary of State, if incorporated.

9. Authorization for Verification of Information (Section 1.5.8)

10. Provide proof of online registration and payment of $400.00 for Certificate of

Contractors Registration (Section 1.5.9) with New Mexico Department of Workforce Solutions.

The County may consider a bid to be non-responsive or non-responsible if the Contractor fails to include any of the items described in items 1 through 10, above.

1.3.4 Liquidated Damages for Failure to Enter into Contract

The successful Bidder, upon failure or refusal to execute and deliver the Contract and required Bonds within ten (10) calendar days after Bidder has received the Notice of Award, shall forfeit the Bidder’s Bond to the County, as liquidated damages for such failure or refusal, the bid security deposited with Bidder’s bid.

1.3.5 Conditions of Work

Each bidder must inform itself fully of the conditions relating to the construction of the Project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of its obligation to furnish all material and labor necessary to carry out the provisions of the Contract. Insofar as possible, the Contractor in carrying out the Work must employ such methods or means as will not cause any interruption of, or interference with the Work of any other contractor, or the daily operations of County offices. The Work in this Contract will be carried out during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday unless otherwise scheduled with and approved by the County. Noise Ordinance Waivers are required for work occurring between the hours 9:00 p.m. and 7:00 a.m.

1.3.6 Addenda and Requests for Interpretation

A. No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally and bidders understand that no oral interpretation once made may be relied upon. Every request for such interpretation shall be in writing addressed to the Project Manager. Requests for interpretation must be received at least six (6) working days (Monday-Friday) prior by 5:00 p.m. to the date fixed for the opening of bids. Failure of any bidder to acknowledge all addenda on the Addendum Acknowledgement Form shall not relieve such bidder from any obligation under its bid as submitted and may render the bidder non-responsive. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall specifically acknowledge their receipt in the bid. All addenda so issued shall become part of the Contract documents.

B. Addenda will be e-mailed to all who are known by the County to have requested Bid Documents.

C. No Addenda will be issued later than four (4) working days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids.

1.3.7 Power of Attorney

Attorneys-in-Fact who sign any required bonds must file with each bond a certified properly executed and dated copy of their power of attorney.

1.3.8 Obligation of Bidder

Complete sets of Solicitation Documents must be used in preparing Bids; neither the County nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Solicitation Documents.

The Submission of a bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of the Bid, which without exception the Bid is premised upon performing and furnishing the Work required by the Solicitation Documents. The bidder will be required to establish to the satisfaction of the County the qualifications and capability of the persons proposed to furnish and perform the Work described in the Solicitation documents. Contractor, by signing the Bid also acknowledges that the Contract Time is reasonable for the weather and climactic conditions.

Prior to the award of the Contract, the County will notify the bidder in writing if the County after due investigation has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder’s option, (1) withdraw the Bid, or (2) submit a substitute person or entity acceptable to the County with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost, if any, occasioned by such substitution. The County may accept the adjusted bid price. In the case that the adjusted price makes them no longer the low bidder, County reserves the right to award to the subsequent low bidder. In the event of withdrawal, bid security will not be forfeited. Persons proposed by the Bidder and to whom the County has made no reasonable objection must be used to perform the Work for which they were proposed and shall not be changed except with the prior written consent of the County.

1.3.9 Safety Standards and Accident Prevention

With respect to all work performed under this contract, the Bidder shall:

A. Comply with the standard provisions of the most current versions of all applicable laws, rules and regulations that apply to the work contracted for.

B. Provide a Safety Management Plan to the County after award acceptable to the Project Manager (see Section 3).

1.3.10 Substitutes or Brand Name or Equal

During solicitation, it may be determined that a “brand name or equal” is in the County’s best interests, and in many cases is the “Basis of Design” for a particular item or system.

The Contractor may provide a substitution of a particular item or items. The Contractor shall provide proof that the proposed substitute item is equal to or exceeds the basis of design. The County reserves the right to accept or reject the substitution at its sole discretion.

All re-design and evaluation costs that may be incurred shall be paid by the Contractor.

The Contractor shall provide an alternate bid based on the original plans and specifications and shall provide separately the cost for the substituted item, which the County reserves the right to accept or reject.

The procedure for submission of any such application by Contractor and consideration by County is set forth in Section 3.

1.3.11 Bids to Remain Subject to Acceptance

All bids will remain subject to acceptance for sixty (60) calendar days after the day of the Bid Opening. The County may, it its sole discretion, release any Bid and return that Bidder’s Bid Security prior to that date. County may request an extension, agreeable to both the Bidder and County.

1.3.12 Withdrawal of Bids

A. Bidder may withdraw its bid by written notice and received by Purchasing Agent prior to bid opening.

B. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interests of the County or fair competition shall be permitted. In lieu of bid correction, a low bidder alleging a material mistake of fact 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 mistake was made.

1.3.13 Acceptance or Rejection of Bids

The County reserves the right to accept any bid, reject any or all bids without cause, to waive any or all technicalities in any Bid in the interest of the County and the right to reject all non-conforming, non-responsive or conditional Bids.

1.3.14 Award

Bids shall be evaluated based on the requirements set forth in the IFB, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose and the Contract shall be awarded on the basis of the lowest responsible and responsive bidder in accordance with Chapter 31-101

(i) of the Los Alamos Code of Ordinances.

1.3.15 Registration of Contractors and Subcontractors

Any bidder that submits a bid valued at more than the dollar amount required by the New Mexico Public Works Minimum Wage Act [13-4-11 through 13-4-17 NMSA 1978] and the New Mexico Subcontractors Fair Practice Act [13-4-31 through 13-4-43] for a public works project shall be registered with the labor and industrial division of the labor department.

County will not accept bids for a public works project subject to the New Mexico Public Works Minimum Wage Act from the contractor that does not provide proof of required registration for itself and its subcontractors.

1.3.16 Procurement Preferences

In accordance with Incorporated County of Los Alamos (“County”) Code Section. 31-261(b) and NMSA 1978 Section 13-1-21 et al., if the chief purchasing officer determines preference is applicable to the solicitation, Offeror(s) must submit a written request for preference, with a valid copy of the applicable New Mexico state-issued preference certificate with its Bid to qualify for the requested preference. If requesting local preference, Offeror(s) must also submit with its Bid a current valid Los Alamos County Business License and must maintain its principal office and place of business in Los Alamos County to qualify for Local Business preference. County reserves the right, for any reason, to (1) verify the accuracy and validity of any information and documents submitted by Offerors prior to applying any preference factors; and (2) deny any request for preference if Offeror(s) have not met applicable requirements to qualify for any requested preference. Bidders requesting preference shall submit the Request for Preference form included with this solicitation as well as the required documents described above.

1.4 Notices to Contractors

1.4.1 Applicable Law

Work shall be performed in accordance with applicable federal, state and local laws (Los Alamos County Code of Ordinances, Section 31.2 Procurement Code).

1.4.2 Gross Receipts Tax

All bids submitted are to exclude the applicable gross receipts taxes. County will pay the applicable taxes to the Contractor including any increase in the applicable taxes becoming effective after the execution date of the contract. The applicable gross receipts taxes will be shown as a separate amount on each payment application made under the contract.

The Contractor is responsible for payment to the State of New Mexico for all gross receipt’s taxes collected.

1.4.3 Minimum Wage Rates

Pursuant to the New Mexico Public Works Minimum Wage Act, Section 13-4-11 through 13-4-17 NMSA 1978 (comp.) all certified payrolls submitted must contain required information as stated on the pertinent information sheet of the Wage Rate Decision issued on said project.

The Contractor, Sub-contractor and all tiers shall provide the Statement of Intent to Pay Prevailing Wages form to County’s Project Manager.

1.4.4 Work Conditions

This contract will be performed in and adjacent to Los Alamos County for the contract duration specified in the Contract. The Contractor shall be aware of the conditions that may normally exist within the project area during performance of the work. Those conditions may include but are not limited to:

• Extended freezing temperatures,

• Intense rainfall events,

• Snowfall and snow accumulation,

• Limited direct sunlight.

Delays due to normal weather conditions are not eligible for time extensions and/or additional compensation. Contractor is required to protect their work and the project from normal weather events. Unusual weather-related time extensions may be awarded by the County pursuant to an approved change order at the County’s sole discretion. Please refer to Section 2, Contract Articles 2 and 3.

1.4.5 Public Information

The Contractor is required to be an active participant in the execution of the Public Information and Involvement Plan (PIIP) to be developed by the County. County retains edit and approval rights to any documents being released to the public and requires two

(2) working days advance notice to allow for said edit/approval. Contractor will perform/assist the County in successfully implementing PIIP activities that may include, but not be limited to:

• Weekly updates by Wednesday noon of traffic control expected on this project for the following week;

• Placement of door hangers 48 hours prior to any Utilities service disconnections (gas, water, and electric);

• Five (5) working days advance notification to Project Manager regarding impacts to school or transit bus stops and safe routes to schools;

• Inform businesses and residents 48 hours prior to direct impacts during construction.

• County policy is to advertise in the local newspaper in advance of posting traffic control signs or barricades. The Contractor will submit information concerning posting of traffic control signs and barricades at least five (5) working days in advance to the County.

Project Manager shall determine the need, size, and location for a project sign(s) that may include the following:

1. Project name

2. Contractor business name and contact information

3. Budget

4. Project start and end months

5. County Project Manager contact information

6. A rendering of the improvement(s) if available.

1.4.6 Performance and Labor and Material Bonds Requirements

Performance Bond and Labor-Materials Bond shall be executed after receipt of Notice of Award to the successful bidder in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. Bonds must be prepared and executed on the Performance Bond and Labor-Materials Bond forms attached hereto or on such other forms as may be approved in writing by the County. Surety shall be by a company licensed to do business in the State of New Mexico and acceptable to the County.

1.4.7 NMDOT Standard Specifications

The New Mexico Department of Transportation Standard Specifications for Highway and

Bridge Construction, 2019 Edition (Platinum Book) shall govern construction of this Project except as Modified in the Special Provisions, and Supplemental Technical Specifications.

These specifications do not apply to utility work which, in most cases, occurs beneath the road prism.

1.4.8 Supplemental Technical Specifications

The Supplemental Technical Specifications, included in this Invitation for Bids shall supersede any and all provisions in the Standard Specifications related to utility work. All estimated utilities quantities for unit price items stipulated in the bid schedule are approximate and are to be used only (a) as a basis for estimating the probable cost of the work and (b) for the purpose of comparing the bids submitted for the work. The actual amounts of the work done, and materials furnished under unit price items may differ from the estimated quantities. The basis of payment for work and materials will be the actual amount of work done and materials furnished at the unit price bid.

1.4.9 Abandoned Utilities

Los Alamos has utilities and structures that have been abandoned in place. These abandoned utilities are not owned or operated by the previous owner of the utilities. They cannot be located and do not appear on the Plans. The Contractor upon uncovering an abandoned utility that may conflict with construction and or utility installation must request verification that the utility is in actual fact abandoned. If the line or conduit is verified as abandoned, the Contractor has the choice of working around it or cutting, removing and capping its ends. No additional payment or time will be granted for the removal of abandoned utilities or working around abandoned utilities. Some of the abandoned utilities could be transite asbestos pipe or conduit. If removal of the transite material is required no additional payment or time will be granted for the proper removal and disposal per the appropriate local, State, and federal regulations.

1.4.10 Coordination with County Gas, Water, Sewer (GWS) & Electric Operations

Contractor shall coordinate with County Utility Operations, prior to initiating any work associated with the pipelines, conduits, electric distribution lines and other appurtenant utility items. All costs associated with the Contractor’s coordination efforts shall be incidental to the project’s cost. Utility service interruptions shall only occur upon the Contractor receiving approval of their service interruption plan by the Project Manager.

Plan shall be submitted for approval no less than 48 hours in advance of the proposed interruption. Contractor shall not make any connections to existing facilities, until a Penetration Permit has been issued by the County. Furthermore, no roadway work should be initiated until all utility work under that roadway has been completed.

1.4.11 Time of the Essence

Time is of the essence with respect to all provisions of this Agreement that specify a time for performance; provided; however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.

1.4.12 Potholing

All utilities and storm drains crossed, in proximity, and at tie-in locations shall be potholed by the Contractor. The pothole shall have a diameter of at least 12 inches. If the initial pothole of a located utility does not result in the discovery of the utility line, the pothole shall be expanded 18 inches in all directions. If the expanded pothole does not discover the utility line, the utility owner shall be contacted to have the utility owner relocate the utility line. If upon relocation the utility line cannot be discovered by potholing it is the responsibility of the utility owner to pothole and physically locate the utility line. The depth and location of each potholed utility shall be recorded by the Contractor and referenced against excavation for roadbed, curb, and sidewalk to determine if utility line conflicts with roadway construction. All potential conflicts shall be reported in a timely manner to the County Project Manager. Potholing is considered incidental to the installation work and is not compensated separately.

1.4.13 Permits, CPM Schedule, and Roadway Material Submittals

An NMDOT work permit shall be required for all work that affects Trinity Dr.

Permits, CPM Schedule, and roadway materials submittals having significant lead time for delivery shall be received by the Project Manager within 30 days following the Notice of Award issued to the Contractor.

The Contractor is responsible for determining which materials require significant lead time that would affect the critical path of the project schedule.

Traffic Permit for Road Closures and Traffic Impedance and an Excavation Permit is required for this project.

Contractor to submit a traffic control plan to the County for approval.

Also, if more than one acre of soil disturbance occurs, the Contractor is required to submit the Notice of Intent (NOI) as an “Operator” of the SWPPP. The Contractor is required to submit the NOI on-line at the site identified in the 2019 Edition of the New Mexico Department of Transportation (“NMDOT”) Standard Specifications for Highway and Bridge Construction Section 603-Temporary Erosion and Sediment Control, Exhibit A, section

1.2.1.4 once the SWPPP template has been modified to meet the needs of the work and once it has been approved by the County Project Manager. Note that as of February 16, 2012, the NOI form has been reformatted with a new date but maintaining the previous assigned Permit number. Permit number NMR100000 is assigned to the Area of Coverage (where EPA is the Permitting Authority) for the State of New Mexico, except Indian Country.

The Contractor shall complete these permits and notice prior to construction. The

Contractor is notified that there is a mandatory 14-day acknowledgment/waiting period for the NOI to take effect before ground disturbance activities occur. Therefore, the timely submittal of the SWPPP after Contract Award is Critical to the start of construction. The County is not responsible, nor will it not adjust the Contract time for the late deliverable of these submittals and those identified in the Contract document.

The County will not allow…