2-IFB 25-009-PW 19th Avenue NE Reconstruction- Final .pdf

IFB 25-009-PW

BID DOCUMENTS

FOR

19th AVENUE NE RECONSTRUCTION PROJECT

CORR PROJECT – PW2508

CITY OF RIO RANCHO, NEW MEXICO

June 2025

PREPARED BY:

City of Rio Rancho

Department of Finance/Purchasing Division

3200 Civic Center Circle, NE

Rio Rancho, New Mexico 87144

Telephone: (505) 896-8769

Table of Contents

CITY OF RIO RANCHO

INSTRUCTIONS TO BIDDERS

NOTICE TO CONTRACTORS

CONSTRUCTION CONTRACT

PERFORMANCE BOND

LABOR AND MATERIAL PAYMENT BOND

BID FORM ............................................................. EXCEL VERSION UPLOADED IN BONFIRE

BID BOND

CERTIFICATION OF BIDDER REGARDING AFFIRMATIVE ACTION / EQUAL EMPLOYMENT

OPPORTUNITY AND NONDISCRIMINATION

NON-COLLUSION AFFIDAVIT OF PRIME BILLER ………………………………………..46

RIO RANCHO BIDDER'S LISTING of SUBCONTRACTORS FOR COMPLIANCE FOR

SUBCONTRACTORS FAIR PRACTICES ACT AND PUBLIC WORKS MINIMUM WAGE ACT

LOCAL/AREA/RESIDENTIAL/NATIVE AMERICAN/RESIDENT VETERAN/RECYCLED

CONTENT GOODS PREFERENCE CERTIFICATION FORM………………………………..48

Project Specifications and Attachments

Wage Decision SA-25-2114-A (As Attached)

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

EJCDC Supplemental Conditions (As Attached)

Development Process Manual (DPM) Chapter II.7 Revised for Public Works (As Attached)

Supplemental Technical Specifications (STS) Waterline Work (As Attached)

PW-ENG-02.19 (1)_CoRR_MinimumTestingRequirements (As Attached)

QCQA Plan Updated 2017 (As Attached)

PW2508 19th Avenue NE – Plans Dated June 2, 2025 Link Provided Below:

https://www.rrnm.gov/DocumentCenter/View/82517/PW2508-19th-Ave-NE-Reconstruction--Final-Plans https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.rrnm.gov%2FDocumentCenter%2FView%2F82517%2FPW2508-19th-Ave-NE-Reconstruction--Final-Plans&data=05%7C02%7Cdachavez%40rrnm.gov%7C2aad34faac644a477e7408dda908159f%7C85f89ab989ad408d8ea95572052f806c%7C0%7C0%7C638852574388561403%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=%2Fl51SCA%2B0nSqV997F2xtMhhbQpHl4uz6FZZPzjx5LAs%3D&reserved=0

CITY OF RIO RANCHO

Sealed bids for this project must be submitted at the City of Rio Rancho City Hall, in the City Clerk’s Office #150 on the 1st floor at 3200 Civic Center Circle NE, Rio Rancho New Mexico 87144, no later than July 18, 2025, at 2:00

PM MST. The public opening and reading of bids submitted will be conducted via Team Meeting and in person in the City Hall Atrium located on the 3rd floor.

Bidders must submit a properly labeled, original bid in a sealed envelope or container via mailing service, or hand deliver, and Bidders must submit an electronic bid on the City’s Bonfire portal to be deemed a Responsible Bidder no later than date and address specified above. Bidders will be deemed Non-Responsive if the original and/or electronic bid submissions is received after the deadline date and time, or if one or the other is not submitted at all.

Project Description:

This project consists of road reconstruction of 19th Avenue NE from 10th Street to Cherry Road. Construction will include removal and replacement of curb and gutter, sidewalk, ADA curb ramps, drainage facilities improvements, and roadway resurfacing. This project also includes the installation of a new water and sanitary sewer lines. The project is funded through General Obligation Bonds.

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 inquiries or requests during the procurement process shall be directed to the following point of contact:

Issuing Office: City of Rio Rancho

Purchasing and Contracts Division

3200 Civic Center Circle NE, Suite 300

Rio Rancho, NM 87144

(505) 896-8769

Advertised: June 15, 2025, 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 Standard General

Conditions of the Construction Contract (EJCDC) (2007 Edition) have the meanings assigned to them in the General Conditions.

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 BIDDER — one who submits a Bid directly to OWNER as distinct from a sub–bidder, who submits a bid to a BIDDER.

1.2 Issuing Office –the office on behalf of which this IFB is issued by the City.

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

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

Bid.

1.4 Successful Bidder — the Responsible BIDDER offering the lowest, responsive bid to whom OWNER (based on OWNER's evaluation as hereinafter provided) makes an award.

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 City of Rio Rancho

Construction Standard Specifications, The City of Rio Rancho Minimum

Testing Requirements; 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 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 at:

https://dot.state.nm.us/content/nmdot/en/Standards.html. Copies of the City of Rio Rancho Standard Details and Specifications may be obtained online at: https://www.rrnm.gov/DesignStandards. The City will utilize

Supplemental Condition - SC 3.03.B.2 of the Standard General Conditions of the Construction Contract prepared by the Engineer's Joint Contract

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

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. Qualifications of BIDDERS.

3.1 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.

3.2 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.

3.3 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

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

4. Examination of Contract Documents and Site.

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

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

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 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities or others, and OWNER and

ENGINEER make no guarantees as to the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary 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 Supplementary 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 Paragraph 4.06 of the 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 land 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 Bond.

7.1 Each Bid must be accompanied by Bid Bond 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 Paragraph

5.01 of the General Conditions.

7.2 The Bid Bond 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 Bonds 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 Bond 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 Successful Bidder fails to execute and deliver the Contract 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 Bond of that BIDDER shall be forfeited to OWNER as liquidated damages, not as a penalty.

7.6 Bids submitted without the required Bid Bond 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 Times.

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.

9. Liquidated Damages.

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

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 Paragraph

6.05 of the General Conditions and may be supplemented in the General Requirements.

11. Subcontractors, Suppliers and Others.

11.1 If the Supplementary 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

Successful 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

Successful Bidder to submit an acceptable substitute, in which case apparent Successful 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 Successful Bidder declines to make any such substitution, he will not thereby sacrifice his Bid Bond. 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 Supplementary

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.

Bidders must submit an original and electronic bid via Bonfire to be deemed Responsive.

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

Bidders will be deemed Non-Responsive if the original AND electronic bid submissions are received after the deadline, or if one or the other is not submitted at all.

Original bids must be enclosed in a sealed envelope, labeled with the IFB number, Project title, and Sole Point of Contact. Bids shall also be labeled with the name and address of

BIDDER and accompanied by the Bid Bond and other required documents. Sealed Bids that are sent via mailing service must be enclosed in a separate envelope labeled with the

IFB number. If Bids are not marked as required, the City will assume no responsibility for the misplacement or premature opening of the Bid.

After the Bid Opening there will be a direct comparison of the original and electronic bid submission, if there are any discrepancies the bid will be deemed Non-Responsive.

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, the 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 Preference.

In all invitations for bid and requests for proposals, 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. If Federal funding is involved the Statutory Preferences will not be applied.

• 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. Information regarding resident preferences 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 submit 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.

• In addition to the definitions and criteria set forth in this section, the central purchasing office may impose additional requirements regarding the nature, size and/or location of offerors or bidders in any request for proposals or invitation for bids. As a result, companies responding to such solicitations should review the solicitation documents thoroughly.

• 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 of the Area, Local, and Recycled Content Goods preference, the

Offeror must complete the Preference Certification Form, attached hereto as Appendix

C, in accordance with the instructions and return the form with its Technical Proposal.

• 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 Subsection B or C of the 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, 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 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the scheduled closing time for receipt of Bids.

15.2 If, within twenty–four (24) hours after Bids are opened, any BIDDER files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid and the Bid Bond will be returned. Thereafter, that

BIDDER will be disqualified from further bidding on the Work to be provided under the Contract Documents.

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 the name of BIDDER.

16.2 Verify BIDDER's acknowledgment of Addenda.

16.3 Determine whether the Bid Proposal is signed.

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

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 Bond 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 Successful

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 people 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

Supplementary 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 Preference: Various preferences will be afforded to an Offeror who qualifies as a resident Offeror in accordance with New Mexico State Law and City of Rio Rancho Ordinance. This section shall not apply when the expenditure includes federal funds for a specific purchase.

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

Successful 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 Successful

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 Paragraph 5 of the General Conditions and the

Supplementary Conditions, and Certificates of Insurance in accordance with Paragraph 5.4 of the General Conditions and the Supplementary 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 Conditions and

Supplementary Conditions.

23. Affirmative Action Program.

The CONTRACTOR shall comply with the Affirmative Action/Equal Employment

Opportunity and Nondiscrimination requirements in the Supplementary Conditions.

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 construction being performed by the construction worker.

25. Permits.

The awarded Contractor shall bear the sole responsibility of securing and paying for permits, fees, and licenses required for execution of Work as applicable at the time of receipt of bids and this shall be incidental to the project. CONTRACTOR shall submit the required permits to New Mexico Construction Industries on behalf of the City.

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.

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.

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 Listing Threshold Amount: 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:

City of Rio Rancho

Department of Finance Services, Purchasing Division

Attention: Danetta M. Chavez, Purchasing & Contracts Division Manager

3200 Civic Center Circle NE, STE 300

Rio Rancho, NM 87144

Telephone: (505) 896-8769 dachavez@rrnm.gov

DEPARTMENT OF FINANCIAL SERVICES

NOTICE TO CONTRACTORS

1. Statement of Scope of Work

This project consists of road reconstruction of 19th Avenue NE from 10th Street to Cherry

Road. Construction will include removal and replacement of curb and gutter, sidewalk, ADA curb ramps, drainage facilities improvements, and roadway resurfacing. This project also includes the installation of new water and sanitary sewer lines.

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

(Separate Document), to the Project Manager or Project Inspector on a monthly basis in order to obtain payment.

In addition, as part of the Final Record Drawings, a permanent erosion/sediment control plan must be submitted to the Development Services Department (DSD) Engineering Division. The permanent erosion/sediment control plan must include grading and drainage information

2. Standard Specifications (City and State)

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 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: June 15, 2025

b. Question Deadline: June 26, 2025, at 5:00 PM MST

c. Addendum Deadline: July 8, 2025

d. Original Signed Bid Submission Deadline: July 18, 2025 @ 2:00 PM MST

4. Requirement of Vendor Registration with the City of Rio Rancho’s 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 https://www.rrnm.gov/VendorForms Contractors may also contact the Purchasing Office to check their vendor registration status.

5. Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (Applicable, if over an acre is disturbed)

The Contractor shall, after receiving, signing, and returning the contract, begin work on the

Storm Water Pollution Prevention Plan (SWPPP). This includes completing any and all required documents to the Environmental Protection Agency (EPA) with copies to the City and Project Manager, in order for the City to file its Notice of Intent (NOI) to the EPA. The

Contractor shall submit the approved SWPPP and NOI to the City’s Project Manager no later than seven (7) days before the Pre-Construction Meeting. Each day that the Contractor fails to provide the approved SWPPP, the Contractor will be charged $500 per day until provided.

If a fine is charged, the Notice to Proceed (NTP) will be determined by the City and is non-negotiable.

Once approved, the City’s Project Manager will submit their NOI to the EPA, and work may begin fourteen (14) days after the City has submitted its NOI to the EPA and not before.

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. Americans with Disabilities 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.

8. Pre-paving Conference

The Contractor shall hold a Pre-Pavement Conference at least two (2) weeks prior to commencing the first paving operation on the project. Attendees shall include any applicable subcontractors on the project (supplier, paving subcontractor, etc.) and any other attendees deemed necessary by the Project Manager.

9. 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 https://www.rrnm.gov/VendorForms

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 – Jessica Duron-Martinez jduron-martinez@rrnm.gov

• RRFR – Brian Johnson bjohnson@rrnm.gov

• RRFR/EMS – Adam Arrossa aarrossa@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 – Mike Mortus mike_mortus@comcast.com

• Sandoval County – Mark Hatzenbuhler mhatzenbuhler@sandovalcountynm.gov

• CORR – Peter Wells pwells@rrnm.gov

• CORR – Jaley Turpen jturpen@rrnm.gov

• CORR – Eugene (Xavier) Pettes xpettes@rrnm.gov

Classification B Moderate level of communication will include verbal, written (door hangers), message boards, signage, website, and social media.

Verbal Communication: When a project is in the early stages, design or inception, and throughout construction, contact should be made with residents and businesses affected in order to establish a relationship and inform them about the upcoming project, progress, and delays. Those residents or businesses affected by the project may choose to be added to the log of stakeholders to receive updates about the project as it progresses.

Written Communication: This communication type shall be used during construction on each project portion or line segment that affects public access or utilities. Written communication shall include the delivery of door hangers, letters, or both to the public no less than two (2) weeks before construction activities begin, start of, or as work progresses. The determination as to which media is best suited to the project under construction will be determined by the Project Manager.

Emails to those who have requested to be added to the stakeholder’s log regarding updates about the project throughout construction should also be utilized. Any and all correction notices regarding previously provided information that is now incorrect or delayed to the affected party shall be provided if construction or utility impairment does not start within 48 hours of the proposed start date.

Door Hangers: When a resident’s or business’ property, access, etc. is being specifically targeted for improvement or improvements are occurring where the resident’s or business’ property is negatively affected due to access limitations or utility outages. Contractors will use either the City of Rio Rancho's Capital Project Door Hanger Template (using Avery 16150 Template), the City of

Rio Rancho's Maintenance Project Door Hanger Template (using Avery 16150 Template), or the

City of Rio Rancho's GB Maintenance Project Door Hanger Template (using Avery 16150

Tem…