2018-03-405 Project Manual.pdf

PROJECT MANUAL AND SPECIFICATIONS

County of Socorro

Veguita Healthcare Center 1 Salomon Griego Drive Veguita, New Mexico

Project No. CDBG No. 15-C-RS-I-03-G-17

Owner: Socorro County 210 Park Street P.O. Box I Socorro, NM 87801 575.835.0589

Architect of Record:

Lee Gamelsky Architects P.C.

2412 Miles Road SE Albuquerque, New Mexico 87106

(505) 842-8865; Fax 842-1693 e-mail: lee@lganm.com

County Commissioners:

Pauline Jaramillo, Chair, District I

Martha Salas, District II Glen Duggins, District IV Manuel Anaya, District III Ray Martinez, District V

County Manager: Delilah Walsh

Coordinating Agency:

South Central Council of Governments P.O. Box 1072 Elephant Butte, NM 87935

12 February 2018 mailto:lee@lganm.com

Rev 12-16 4A-2

BIDDING AND CONTRACT DOCUMENTS INDEX

INDEX TO BIDDING DOCUMENTS

Section 00002

DIVISION 0 - BIDDING REQUIREMENTS

Title Section No. Page(s) 4A - Title, Certification & Seals Page 00000 ... 1-2 Index to Bidding Documents 00002

PRE-BID INFORMATION 00010

Prequalification Form 00011 5 Debarred or Suspended Contractors 00012 5 Federal & State Laws & Regulations 00013 5 Registration of Contractors & Subs 00014 5 Notice of Invitation for Bids 00021 6-7 Invitation for Bids 00022 8-9

INSTRUCTIONS TO BIDDERS 00100 10-19

INFORMATION AVAILABLE

TO BIDDERS 00200

Geotechnical Investigation Report 00220

BID FORMS 00300

Bid Form 00310 . 22-26

SUPPLEMENTS TO BID FORMS 00400

Bid Bond 00420 27 Bid Security Review Form 00421 28 Agent's Affidavit 00422 29

Subcontractor Listing & NMDWS Registration & Anti-Trust Claims 00430 31-32 Certification of Bidder Regarding Equal Employment Opportunity 00440 33 Certification of Bidder Regarding Section 3 & Segregated Facilities 00441 34 Contractor Section 3 Plan Format 35 Table A Proposed Subcontracts Breakdown …. 36 Table B Estimated Project Workforce Breakdown.. 37 Other Supplements to Bid Forms 39

AGREEMENT FORMS 00500

Agreement between Owner & Contractor 00510.. 40-44

BONDS, CERTIFICATES &

NOTICES 00600

Performance Bond 00610 Labor & Material Payment Bond 00620 Rider to Bonds 00621 Agent's Affidavit 00622 Guaranty Bond/Maintenance Bond 00630 Certificate of Insurance 00650 .... …50 Assignment of Anti-Trust Claims 00660 Certificate of Owner's Attorney 00670 Table A Proposed Subcontracts Breakdown…..…..53 Table B Estimated Project Workforce Breakdown..54

GENERAL CONDITION OF

THE CONTRACT 00700 ... 56-67

(See Index within General Conditions) Modifications to General Conditions 00700

SUPPLEMENTAL CONDITIONS 00800

Supplemental General Conditions 00820 ... 70-80 Modifications to Supplemental General 00830 Conditions Additional Conditions 00830 ... 82-84 Modifications to Additional Conditions 00830 Federal Labor Standards Provisions ........ 86-95 Federal Wage Rate Determination 00851 State Wage Rate Determination 00850

Rev 12-16 4A-3

DIVISION 1 - 16 - TECHNICAL SPECIFICATIONS

INDEX

All work items covered in the drawings may not be “specified” in the following Technical Specifications.

Section # Name of Section # of Pages

Division 1 - GENERAL REQUIREMENTS 01100 Summary 4 01250 Contract Modification Procedures 2 01290 Payment Procedures 4 01310 Project Management and Coordination 6 01320 Construction Progress Documentation 8 01322 Photographic Documentation 2 01330 Submittal Procedures 8 01400 Quality Requirements 8 01420 References 2 01500 Temporary Facilities and Controls 6 01524 Construction Waste Management 2 01600 Product Requirements 12 01700 Execution Requirements 6 01770 Closeout Procedures 7 01781 Project Record Documents 3 01782 Operation and Maintenance Data 8 01820 Demonstration and Training 6

Division 2 – SITE CONSTRUCTION 02110 Clearing 2 02200 Earthwork 5 02220 Excavation, Trenching, Fill and Backfill 5 02751 Cement Concrete Pavement 9 02821 Chain-Link Fences and Gates 7

Division 3 - CONCRETE 031100 Concrete Formwork 4 032000 Concrete Reinforcement 3 03300 Cast in Place Concrete 6

Division 6 - WOOD 06100 Rough Carpentry 11 06160 Sheathing 3 06402 Interior Architectural Woodwork 7

Division 7 - THERMAL AND MOISTURE PROTECTION 072726 Sprayer or Roller Applied Water Resistive Membrane & Air Barrier 6 07210 Building Insulation 6 07411 Metal Roof Panels 12 07620 Sheet Metal Flashing and Trim 5 07920 Joint Sealants 13

Division 8 - DOORS AND WINDOWS 08111 Standard Steel Doors and Frames 11 08211 Flush Wood Doors 5 08520 Aluminum Windows 9 087100 Door Hardware 18 08716 Automatic Door Operators 6 08800 Glazing 12

Rev 12-16 4A-4

Section # Name of Section # of Pages

Division 9 - FINISHES 09220 Portland Cement Plaster with Acrylic Based Finish Coat 9 09260 Gypsum Board Assemblies 6 09310 Ceramic Tile 9 09653 Resilient Wall Base and Accessories 5 09659 Vinyl Plank Flooring 4 09681 Carpet Tile 5 09912 Painting 11

Division 10 – SPECIALTIES 10431 Signs 6 10520 Fire Protection Specialties 6 10801 Toilet and Bath Accessories 6

Division 12 - FURNISHINGS 12484 Floor Mats and Frames 4 12491 Horizontal Louver Blinds 4

SEE THE DRAWINGS FOR MECHANICAL, PLUMBING, AND ELECTRICAL SPECIFICATIONS.

Rev 12-16 4A-5

PRE-BID INFORMATION

PRE-BID INFORMATION

Section 00010

1.0 PREQUALIFICATION FORMS

Section 00011

"Not Required"

2.0 DEBARRED OR SUSPENDED

CONTRACTORS

Section 00012

2.1 A business (contractor, subcontractor or supplier)

that has either been debarred or suspended pursuant to the requirements of Sections13-1-177 through 13-1-180, and Sections 13-4-11 through 13-4- 17 NMSA 1978 as amended, shall not be permitted to do business with the Owner and shall not be considered for award of contract during the period for which it is debarred or suspended with the Owner.

3.0 FEDERAL AND STATE LAWS AND

REGULATIONS

Section 00013

3.1 State administered Community Development

Block Grant monies are Federal funds. Section13-1- 30B NMSA 1978 of the Procurement Code stipulates: "When a procurement involves the expenditure of federal funds, the procurement shall be conducted in accordance with mandatory applicable federal law and regulations. When mandatory applicable federal law or regulations are inconsistent with the provisions of the Procurement Code, compliance with federal law or regulations shall be compliance with the Procurement Code."

The applicable governing federal procurement standards are defined in OMB Circular A-102, Attachment O. When federal and state procurement policies are different, the more restrictive policies apply so long as they are consistent with Circular A- 102 standards.

3.2 For purposes of these Bidding Documents, the

term "Grantee" means the Owner. The term "Funding Agency" means the Local Government Division, Department of Finance and Administration, Bataan Memorial Building, Suite 202, Santa Fe, New Mexico 87501, 505-827-8051.

4.0 REGISTRATION OF CONTRACTORS

AND SUBCONTRACTORS

Section 00014

4.1 A contractor or subcontractor that submits a bid

valued at more than $60,000 for a public works project subject to the Public Works Minimum Wage Act shall be registered with the Labor and Industrial Division of the New Mexico Department of Workforce Solutions (NMDWS).

4.2 A contractor or subcontractor that submits a bid

regardless of the contract amount must be licensed and registered, and can not be debarred. For any contracts $60,000 and over the contractor or subcontractor must be current with annual Labor Enforcement Fund payments.

4.3 The Owner shall not accept a bid on a public

works project from a Contractor that does not provide proof of required registration for itself (§13- 4-13.1 NMSA 1978). Contractors, prime contractors and subcontractors shall be registered with the

NMDWS.

4.4 See Bid Form and Subcontractor Listing form for

Registration Numbers to be provided.

Rev 12-16 4A-6

NOTICE OF INVITATION TO BID

Competitive sealed bids will be received by the Owner, for General Construction of a New Building and Site Improvements for ITB No. 2018-03-405 Project No.: CDBG 15-C-RS-I-03-G-17 Project: Veguita Healthcare Center, 1 Salomon Griego Drive, Veguita, New Mexico at Socorro County Purchasing Office, 210 Park Street, Socorro, New Mexico until April 25, 2018 at 2:00 p.m. at which time bids will be opened and publicly read aloud. All proposals must be clearly marked “ITB 2018-03-405.”

Complete sets of the bidding documents may be obtained online at www.bidnetdirect.com//socorro-county or PURCHASED at Albuquerque Reprographics, 4716 McLeod NE, Albuquerque, New Mexico 87109,

(505) 884-0862, Fax 883-6452 in accordance with the Instructions to Bidders upon payment of $100.00 for each set of documents, which amount constitutes the cost of reproduction, and applicable taxes. Call Albuquerque Reprographics to reserve sets of Bidding Documents prior to pick-up/shipping. The cost of shipping/mailing documents needs to be prepaid by certified funds or a Fed-X or UPS shipping account number needs to be provided prior to any documents being sent out. All shipping costs will be paid by the Contractor/Bidder. Monies will not be refunded after bidding. Only complete sets can be purchased.

The Bidder’s attention is directed to the requirements of the Contract Documents for adherence to applicable state and local statutes, regulations and ordinances; including but not limited to, requirements as to minimum wage rates to be paid under the Contract and payment of applicable gross receipts taxes.

The Owner reserves the right to waive technical irregularities and to reject Bids. Bids shall be good for 45 days following the opening of Bids and may not be withdrawn. The Owner intends to award this Project to the lowest responsible bidder and to award the bid it considers to be in its best interest.

Prospective bidders must attend a Pre-Bid Conference which will be held at the project site on April 13, 2018 at 11:00 a.m.

This Project is funded in whole or in part by a grant from the state of New Mexico Small Cities Community Development Block Grant Program and is subject to requirements of the United States Department of Housing and Urban Development and the funding agency.

http://www.bidnetdirect.com/socorro-county

Rev 12-16 4A-7

INVITATION FOR BID

PRE-BID INFORMATION

Section 00022

Project: Veguita Healthcare Center

Project No. CDBG 15-C-RS-I-03-G-17

INVITATION FOR BID

CONSTRUCTION

CONTRACT

Bid Number: 2018-03-405

Architect/Engineer of Record:

Lee Gamelsky Architects PC 2412 Miles Road SE Albuquerque, NM 87106 505.842.8865

Sealed bids shall be submitted to:

Office of the Purchasing Agent Sammie Vega, Procurement Officer Socorro County 210 Park Street, P.O. Box I Socorro, NM 87801 Phone: 575-835-0589

Owner:

County of Socorro 210 Park Street P.O. Box I Socorro, NM 87801 575.835.0589

Bids will be publicly opened after the Bid Deadline:

Date: 25 April 2018, Time: 2:00 pm

IMPORTANT: Bids must be submitted in a sealed envelope with the bid number and opening date clearly indicated on the bottom left-hand side of the front of the envelope.

Sealed Bids will be received until the above-specified date and local time, then publicly opened and read aloud. All hand-delivered bids must be received at the Office of the Purchasing Agent, address shown above.

This Bid is subject to the requirements of the Bidding Documents as defined in the "Instructions to Bidders," Section 00100. The Bid Form must be accompanied by a surety bond, subcontractor listing form, and documents specified in the "Instructions to Bidders."

Complete sets of the bidding documents may be obtained online at www.bidnetdirect.com//socorro-county or PURCHASED at Albuquerque Reprographics, 4716 McLeod NE, Albuquerque, New Mexico 87109, (505) 884-0862, Fax 883-6452 in accordance with the Instructions to Bidders upon payment of $100.00 for each set of documents, which amount constitutes the cost of reproduction, and applicable taxes. Call Albuquerque Reprographics to reserve sets of Bidding Documents prior to pick-up/shipping. The cost of shipping/mailing documents needs to be prepaid by certified funds or a Fed-X or UPS shipping account number needs to be provided prior to any documents being sent out. All shipping costs will be paid by the Contractor/Bidder. Monies will not be refunded after bidding. Only complete sets can be purchased.

BIDDING DOCUMENTS MAY BE REVIEWED AT THE

FOLLOWING LOCATIONS:

Architect/Engineer of Record

Builder's News and Plan Room

3435 Princeton Drive NE Albuquerque, New Mexico 87107 505-884-1752, fax 505-883-1627

Construction Reporter

1609 Second Street NW Albuquerque, New Mexico 87102

Rev 12-16 4A-8

505-243-9793, fax 505-242-4758

Dodge Reports 1615 University Boulevard NE

Albuquerque, New Mexico 87102 505-243-2817, fax 505-842-0231

Bids shall be presented in the form of a total Base Bid proposal under a Lump Sum Contract plus any additive or deductive alternates that are selected by the Owner. A bid must be submitted on all bid items and alternates; segregated bids will not be accepted.

[Base Bid price shall not include state gross receipts or local options taxes. Tax shall be added at time of invoice at prevailing rates as a separate item to be paid by the Owner. In submitting this bid, each Bidder must satisfy all terms and conditions of the Bidding Documents]

All work covered by this Invitation for Bid shall be in accordance with applicable state laws and is subject to the minimum wage rate determination issued by the office of the Labor Commissioner for this project.

Bid security in the form of a surety bond executed by a surety company authorized to do business in the state of New Mexico in the amount of 5% of the total bid, or the equivalent in cash by means of a cashier's check or in a form satisfactory to the Owner, must accompany each bid in accordance with the Instructions to Bidders.

A 100% performance bond and a 100% payment and materials bond executed by a surety company authorized to do business in this state and said surety to be approved in federal circular 570 as published by the United States treasury department shall be required from the successful Bidder.

A completed Subcontractor Listing Form must accompany each bid.

The Bidding Documents contain a time for completion of the work and further impose liquidated damages for failure to complete the work within that time period.

No Bidder may withdraw his bid for 45 days after the actual date of the opening thereof. The Owner intends to award this Project to the lowest qualified responsible Bidder. The Owner reserves the right to reject any and all bids, to waive technical irregularities, and to award the contract to the Bidder whose bid it deems to be in the best interest of the Owner.

The Bidder's attention is directed to the requirements of the Contract Documents for adherence to applicable federal, state and local statutes, regulations and ordinances; including but not limited to, requirements as to conditions of employment to be observed, minimum wage rates to be paid under the Contract, Section 3, Segregated Facilities, Section 109, Executive Order 11246, and bonding and insurance requirements.

This Project is funded in whole or in part by a grant from the state of New Mexico Small Cities Community Development Block Grant Program and is subject to requirements of the United States Department of Housing and Urban Development and the funding agency.

All potential bidders must attend a Mandatory Pre- Bid Conference which will be held on:

Date: 13 April 2018 Time: 11:00 am

Location: Project Site

ℵ End of Invitation for Bid �

Rev 12-16 4A-9

INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

Section 00100

1.0 DEFINITIONS AND TERMS

1.1 Terms used in these Bidding Documents which

are defined in the Instructions to Bidders and in the Conditions of the Contract for Construction (General, Supplementary, and Other Conditions) have the meanings assigned to them in those documents.

1.1.1 Addendum means a written or graphic

instrument issued prior to the opening of Bids which clarifies, corrects, or changes the Bidding Documents or Contract Documents. Plural: Addenda.

1.1.2 Alternate Bid means the amount stated in the

Bid as the sum to be added from the amount of the Base Bid if the corresponding change in the project scope, materials, and/or methods of construction is awarded by the Owner.

1.1.3 Base Bid means the amount stated in the Bid as

the sum for which the Bidder offers to perform the work, excluding alternate Bids.

1.1.4 Bid means the offer of the bidder submitted on

the prescribed form setting forth the prices for the work to be performed in conformance with the Bidding Documents. This amount does not include gross receipts or local options taxes.

1.1.5 Bid Lot means a major item of work for which

a separate quotation or proposal is requested.

1.1.6 Bidder means the one who submits a Bid

directly to the Owner, as distinct from a subcontractor who submits a bid to a contractor.

1.1.7 Bidding Documents means the Bidding

Requirements and the Contract Documents.

1.1.8 Bid Form. A form which shall include space in

which the bid price shall be inserted and which the bidder shall sign and submit along with all other necessary submissions. A Bidder may submit a reasonable facsimile of the Bid Form. Oral, telephonic, and telegraphic bids are invalid and will not be considered.

1.1.9 Bidding Requirements means the Notice of

Invitation for Bid, Pre-bid Information, Instructions to Bidders, Information Available for Bidders, the Bid Form, Supplements to the Bid Form, and portions of

Addenda relating to any of these.

1.1.10 Invitation for Bid (IFB) means all documents

including those attached or incorporated by reference or utilized for soliciting sealed bids.

1.1.11 Responsible Bidder means a Bidder who

submits a Responsive Bid and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation, and experience are adequate to make satisfactory delivery of the services, construction, or items of tangible personal property described in the Invitation for Bid.

1.1.12 Responsive Bid means a bid that conforms in

all material respects to the requirements set forth in the Invitation for Bid.

1.1.13 Successful Bidder means the lowest

responsible Bidder to whom the Owner, on the basis of the Owner's evaluation, makes an award. A Successful Bidder does not become the contractor until an agreement with the Owner is signed.

2.0 EXAMINATION OF BIDDING DOCUMENTS

AND SITE

2.1 Before submitting a Bid, each Bidder must:

2.1.1 Examine the bidding Documents thoroughly;

2.1.2 Visit the site to familiarize himself with local

conditions that may in any manner affects cost, progress, or performance;

2.1.3 Familiarize himself with federal, state, and

local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the Work; and

2.1.4 Study and carefully correlate the Bidder's

observations with the Bidding Documents.

2.2 On request, the Owner will provide each Bidder

access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid.

2.3 The land upon which the Work is to be performed, rights-of-way for access thereto, and other lands designated for use by the Contractor in performing the work are identified in the Bidding Documents.

2.4 The submission of a Bid will constitute an

Rev 12-16 4A-10 incontrovertible representation by the Bidder that he has complied with every requirement of this Part and that the Bidding Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

3.0 BIDDING DOCUMENTS

3.1 Copies of Bidding Documents

3.1.1 Complete sets of the Bidding Documents in the

number and for the deposit sum, if any, stated in the Invitation may be obtained from the Architect/ Engineer (unless another issuing office is designated in the Invitation for Bid). The deposit will be refunded to Bidders who submit a bona-fide bid and return the bidding Documents in good and complete condition within 15 calendar days after opening of Bids.

3.1.2 Complete sets of Bidding Documents shall be

used in preparing bids; neither the Owner nor the Architect/Engineer assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

3.1.3 The Owner and the Architect/Engineer, in

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

3.2 Interpretations

3.2.1 All questions about the meaning or intent of

the Bidding Documents shall be submitted to the Architect/ Engineer in writing. Replies will be issued by addenda mailed or delivered to all parties recorded by the Architect/ Engineer as having received the Bidding Documents. Questions received less than 7 calendar days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

3.2.2 Bidders and Subcontractor shall promptly

notify the Architect/Engineer of any ambiguity, inconsistency, or error that they may discover upon examination of the Bidding Documents or of the site and local conditions.

3.3 Substitute Material and Equipment

3.3.1 The contract, if awarded, will be on the basis

of material 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 the contractor if acceptable to the Architect/Engineer, application for such acceptance will not be considered by the Architect/Engineer unless submitted to the Architect/Engineer at least ten days prior to the date for opening Bids. Any allowance of substitutions will be published to all prospective Bidders via addendum.

The procedure for submittal of any such application by the Contractor and consideration by the Architect/ Engineer is set forth in the Contract Documents.

3.4 Addenda

3.4.1 Addenda will be mailed or delivered to all that

are known by the Architect/ Engineer to have received a complete set of Bidding Documents.

3.4.2 Copies of addenda will be made available for

inspection wherever Bidding Documents are on file for that purpose.

3.4.3 Addenda will be issued no later than four 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.

4.0 BIDDING PROCEDURES

4.1 Form and Style of Bids

4.1.1 Bids shall be submitted on forms identical to

the form included with the Bidding Documents.

4.1.2 All blanks on the Bid Form shall be filled in by

typewriter or manually in ink.

4.1.3 Where so indicated by the makeup of the bid

firm, sums shall be expressed in both words and figures, and, in case of discrepancy between the two, the amount written in words shall govern.

4. 1.4 The signer of the bid must initiate any interlineations, alteration, or erasure.

4.1.5 All requested additive or deductive alternate

bids shall be bid. If no change in the Base Bid is required, enter "No Change."

4.1.6 Where there are two or more major items of

work (identified as "Bid Lots") for which separate

Rev 12-16 4A-11 quotations are requested, the Bidder may, at his discretion, submit quotations for any or all items, unless otherwise specified. Additionally, the Bidder may submit a lump sum price for all lots for which the Bidder has submitted separate quotations.

4.1.7 Each copy of the bid shall include the complete

name of the bidder and a statement that the bidder is a sole proprietor, a partnership, a corporation, or some other legal entity. Each copy shall be signed by the person or persons legally authorized to bind the bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the applicable New Mexico Certificate of Incorporation number or Certificate of Authority number. The Bid shall include the current contractor's license number and type, and the current Contractor's preference number. A bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder.

4.1.8 The Bid shall contain an acknowledgment of

receipt of all addenda (the numbers of which shall be filled in on the Bid Form).

4.1.9 The address to which communications

regarding the Bid are to be directed must be shown.

4.1.10 The project name and number, as well as the

Owner’s invitation to bid number, shall be clearly shown on the outside of the envelope in which the Bid is submitted.

4.2 Bid Security

4.2.1 Bid security in an amount equal to at least five

percent (5%) of the amount of the Bid shall be a bond provided by a surety company authorized to do business in this state, or the equivalent in cash, a cashier's check, or otherwise supplied in a form satisfactory to the Owner (§13-1-146 NMSA 1978) and approved in writing by the Owner in advance. All bonds shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," as published in circular 570, latest edition, by the Audit Staff Bureau of Accounts, United States Treasury Department.

4.2.2 The bid security shall be in the amount of 5%

of the highest Bid amount submitted, unless otherwise stipulated, pledging that the Bidder will enter into a contract with the Owner on the terms stated herein and will furnish bonds covering the faithful performance of the contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such contract or fail to furnish bid security, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty.

4.2.3 The Owner will have the right to retain the bid

security of Bidders to whom an award is being considered until either:

A. The contract has been executed and performance and labor/material bonds have been furnished, B. The specified time has elapsed so that Bids may be withdrawn, or

C. All Bids have been rejected.

4.2.4 When the Bidding Documents require bid

security, noncompliance by the Bidder requires that the Bid be rejected (§13-1-147A NMSA 1978).

4.2.5 If a Bidder is permitted to withdraw his Bid

before award, no action shall take place against the Bidder or the bid security (§13-1-147B NMSA 1978).

4.2.6 The Owner may reduce bid security

requirements authorized by the Procurement Code, §§13-1-28 to 13-1-199 NMSA 1978, to encourage procurement from small businesses. Reduction, if any, and the manner thereof will be stipulated in §7.0 of this section, Other Instructions to Bidders. Reduction of the amount of bid security, if any, shall in no way reduce requirements for performance, payment, or other bonds referenced in the Bidding Documents.

4.3 Pre-bid Conference

4.3.1 The Architect/Engineer shall conduct a pre-bid

conference approximately 15 calendar days prior to the bid opening date stated in the Invitation for Bid.

4.3.2 The Architect/Engineer and his consultants, as

applicable, shall be represented. Prospective Bidders, prospective Subcontractors, and prospective Vendors are encouraged to attend and should be prepared to ask questions regarding substitutions and/or to request clarification of the Bidding Documents. The failure of a Bidder, Subcontractor, or Vendor to attend shall be interpreted to mean that the bidding Documents are clear and acceptable to all nonparticipants at the pre-bid conference. Such clarity and acceptability shall be presumed with respect to all Bidders.

Rev 12-16 4A-12

4.3.3 Questions and requests for clarification are to

be presented in written form. Responses will be written and issued as addenda. No verbal response shall be binding.

4.4 Resident Contractor's Preference

Not used for federally funded projects

4.5 Subcontractors

4.5.1 The bidder shall list the Subcontractors he

proposes to use for all trades or items on the Subcontractor Listing Form attached to the Bidding Documents.

4.5.2 Definitions. As used in this subpart 4.5, subcontractor listing shall be in compliance with the Subcontractors Fair Practices Act, the pertinent provisions of which are summarized in this subpart 4.5.

A, Contractor means the prime contractor on a public works construction project who contracts directly with the Owner (using agency);

B. Subcontractor is a person or entity often skilled in a specific type of construction work that enters into a contractual agreement with the prime contractor to perform part or all of the construction work.

C. Listing threshold means the dollar amount, stipulated in the bidding documents, above which subcontractors must be listed;

D. Notice means information, advice or a written warning intended to apprise a contractor or subcontractor of some proceeding in which his interests are involved or to inform him of some fact which is his right to know. Notice may be sent to a contractor or subcontractor by certified or registered mail and shall be deemed to be completed upon date of mailing; and

E. Using Agency means the Owner requiring services or construction.

4.5.3 Listing of Subcontractors, Requirements. The

Owner shall provide in the bidding documents prepared for that project a listing threshold which shall be $5,000 or one-half of one percent of the architect's or engineer's estimate of the total project cost, whichever is greater. Any person submitting a bid shall in his bid set forth:

A. The name location of the place of business of each subcontractor under subcontract to the contractor who will perform work or labor or render service to the contractor in or about the construction of the public works construction project in an amount in excess of the listing threshold; and

B. The nature of the work which will be done by each subcontractor under the Subcontractor Fair Practices Act. The contractor shall list only one subcontractor for each category as defined by the contractor in his bid.

4.5.4 Substitution of Subcontractor

A. No contractor whose bid is accepted shall substitute any person as subcontractor in place of the subcontractor listed in the original bid, except that the using agency shall consent to the substitution of another person as a subcontractor in the following circumstances: (1) when the subcontractor listed in the bid, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions, plans and specifications for the project involved and the terms of such subcontractor's written bid, is presented to him by the contractor; (2) when the subcontractor listed in the original bid becomes bankrupt or insolvent prior to execution of a subcontract; (3) when the using agency refuses to approve the subcontractor listed in the original bid, provided such approval has been reserved in the bidding documents; (4) when the subcontractor listed in the original bid fails or refuses to perform his subcontract; (5) when the contractor demonstrates to the using agency or its duly authorized officer that the name of the subcontractor was listed as the result of an inadvertent clerical error; (6) when a bid alternate accepted by the using agency causes the listed subcontractor's bid not to be low; (7) when the contractor can substantiate to the using agency that a listed subcontractor's bid is incomplete; (8) when the listed subcontractor fails or refuses to meet the bond requirements of the contractor; (9) when it is determined that the listed subcontractor does not have a proper license to perform the work and the contractor has submitted the name of the subcontractor along with proof that the subcontractor bid work for which he was not licensed by the construction industries division of the regulation and licensing department; or (10) when it is determined by the using agency, the prime contractor or the director of the labor and industrial division of the labor department that a listed subcontractor is not a registered subcontractor on the

Rev 12-16 4A-13 date bids are unconditionally accepted for consideration.

B. Prior to approval of the contractor's request for such substitution, the Owner shall give notice in writing to the listed subcontractor of the contractor's request to substitute and of the reasons for such request. Such notice shall be served by certified or registered mail to the last known address of the subcontractor. The listed subcontractor who has been so notified has 5 working days within which to submit written objections to the substitution to the Owner.

Failure to file such written objections shall constitute the listed subcontractor's consent to the substitution. If written objections are filed, the Owner shall give at least 5 working days' notice in writing to the listed subcontractor of a hearing by the Owner on the contractor's request for substitution.

C. No contractor whose bid is accepted shall permit any such subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original bid without the consent of the Owner.

D. No contractor whose bid is accepted, other than in the performance of change orders causing changes or deviations from the original contract, shall sublet or subcontract any portion of the work in excess of the listing threshold as to which his original bid did not designate a subcontractor unless the contractor fails to receive a bid for a category of work. Under such circumstances, the contractor may subcontract. The contract shall designate on the listing form that no bid was received.

4.5.5 Subcontractor Bond, Requirements. As to

subcontractor required performance and payment bond if requested by the contractor, see §13-4-37 NMSA 1978.

4.5.6 Failure to Specify Subcontractor. If a

contractor fails to specify a subcontractor in excess of the listing threshold, he represents that he is fully qualified to perform that portion himself and that he shall perform that portion himself. If after the award of the contract the contractor subcontracts any portion of the work, except as provided in the Subcontractors Fair Practices Act, the contractor shall be guilty of violation of the Subcontractors Fair Practices Act and subject to the penalties provided in subpart 4.5.9 of this section.

4.5.7 Inadvertent Clerical Error.

A. The contractor, as a condition to assert a claim of inadvertent clerical error in the listing of a subcontractor, shall within 2 working days after the time of the prime bid opening by the Owner give written notice to the Owner and to both the subcontractor he claims to have listed in error and the subcontractor who had bid to the contractor prior to bid opening.

B. Any listed subcontractor who has been notified by the contractor in accordance with the provisions of this section as to an inadvertent clerical error shall be allowed 6 working days from the time of the prime bid opening within which to submit to the Owner and to the contractor written objection to the contractor's claim of inadvertent clerical error. Failure of such listed subcontractor to file such written notice within 6 working days shall be primary evidence of his agreement that an inadvertent clerical error was made.

C. The Owner shall, after a public hearing and in the absence of compelling reasons to the contrary, consent to the substitution of the intended contractor:

1) If the contractor, the subcontractor listed in error, and the intended subcontractor each submit an affidavit to the Owner, along with such additional evidence as the parties may wish to submit, that an inadvertent clerical error was in fact made, provided that the affidavits from each of the three parties are filed within eight working days from the time of the prime bid opening; or 2) If such affidavits are filed by both the contractor and the intended subcontractor within such specified time but the subcontractor whom the contractor claims to have listed in error does not submit within six working days to the Owner and to the contractor written objection to the contractor's claim of inadvertent clerical error as provided in this section.

D. If such affidavits are filed by both the contractor and the intended subcontractor but the listed subcontractor has within six working days from the time of the prime bid opening submitted to the Owner and to the contractor written objection to the contractor's claim of inadvertent clerical error, the Owner shall investigate the claims of the parties and hold a public hearing to determine the validity of such claims. Any determination made shall be based on facts contained in the affidavits submitted by all three parties and supported by testimony under oath and subject to cross-examination. The Owner may on its motion or that of any other party admit testimony of other contractors, any bid registries or depositories, or any other party in possession of facts that may have a bearing on the decision of the Owner.

4.5.8 Emergency Subcontracting. Subcontracting

Rev 12-16 4A-14 any portion of the work in excess of the listing threshold as to which no subcontractor was designated in the original bid shall be permitted only in the case of public emergency or necessity and then only upon a written finding by the Owner setting forth the facts constituting the emergency or necessity.

4.5.9 Penalties.

A. A contractor who violates the provisions of the Subcontractors Fair Practices Act violates his own contract, and the Owner may exercise the option of: 1) canceling the contract; or 2) assessing the contractor a penalty in an amount of not more than ten percent of the amount of the subcontract involved but in no case less than the difference of the amount between the listed subcontractor and the subcontractor used, which penalty shall be deposited into the fund out of which the contract is awarded. In any proceeding under this subpart, the contractor shall be entitled to a hearing after notice.

B. A violation of the provisions of the Subcontractors Fair Practices Act constitutes grounds for disciplinary action against a contractor pursuant to regulations of the Construction Industries Division of the Regulation and Licensing Department.

C. A contractor who attempts to circumvent the provisions of the Subcontractors Fair Practices Act shall be subject to the penalties established pursuant to this subpart.

4.5.10 Dispute Resolution. Once the Owner has

determined the existence of a valid claim under the provisions of the Subcontractors Fair Practices Act, the Owner or agent of the Owner may:

A. Hold a public hearing for the purpose of providing an informal resolution of the dispute by preparing a "front of dispute" which shall be available to all parties. The form shall state concisely, in numbered paragraphs, the matter at issue or dispute that the complainant expects to be determined. The agent or the Owner shall evaluate the issues presented by both sides of the dispute and render a decision within 10 days after the hearing, and provide the parties with a written copy of the decision by certified mail, return receipt requested; or

B. Refer the matter in dispute to be resolved through arbitration.

4.5.11 The Bidder shall not list himself as the supplier

or as the Subcontractor for any trade unless he has previously performed work of this type or can prove to the Architect's/Engineer's and the Owner's satisfaction that he actually has, or will obtain, fully adequate facilities and plans to perform the work with his own forces.

4.5.12 Failure to comply with subcontractor listing

requirements or provisions of the Subcontractors Fair Practices Act shall be grounds for considering a Bid as nonresponsive.

4.5.13 Prior to the award of the Contract, the

Architect/Engineer will notify the Bidder in writing if either the Owner or the Architect/Engineer, after due investigation and written findings of fact, has reasonable and substantial objection to any person or organization on such list. If the Owner or Architect/ Engineer has reasonable and substantial objection to any person or organization on such list and refuses in writing to accept such person or organization, the Bidder may, at his option:

A. Withdraw his Bid, or

B. Submit an acceptable substitute Subcontractor with no increase in his bid price.

C. In the event of withdrawal under this paragraph, bid security will not be forfeited.

4.5.14 The Successful Bidder shall, within 7 calendar

days of notice of the award of a contract for the Work, submit the following information to the Architect/ Engineer:

A. A signed list of the proprietary names and the suppliers of principal items or systems of material and equipment proposed for the Work; and

B. A list signed by all Subcontractors proposed for the principal portions of the Work in accordance with the Subcontractors Listing Form submitted with the Bid. Refer to Section 00430 for form of Subcontractors Listing.

4.5.15 The Successful Bidder will be required to

establish to the satisfaction of the Architect/Engineer and the Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents.

4.5.16 Persons and organizations proposed by the

Bidder and to whom the Owner and the Architect/ Engineer have made no reasonable objection under the provisions of subpart 4.5.15 above must be used on the

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Work for which they were proposed and shall not be changed except with the written consent of the Owner and the Architect/Engineer.

4.5.17 No Successful Bidder shall be required to

employ any Subcontractor, other person, or organization against which he has reasonable objection.

4.6 Submission of Bids

4.6.1 Bids shall be submitted at the time and place

indicated in the Invitation for Bid and shall be included in an opaque sealed envelope marked with the Project title and name and address of the Bidder and accompanied by the bid security, subcontractors listing, and other required documents listed in the Bidding Requirements.

4.6.2 The envelope shall be addressed to the Owner

at the address shown on the cover page. The following information shall be provided on the front lower left corner of the bid envelope: invitation for bid number, date of opening, and time of opening. If the bid is sent by mail, the sealed envelope shall have the notation "SEALED BID ENCLOSED" on the face thereof.

4.6.3 Bids received after the date and time for

receipt of Bids will be returned unopened.

4.6.4 The Bidder shall assume full responsibility for

timely delivery of Bids at the office noted on the Invitation for Bid, including those Bids submitted by mail. Hand-delivered bids shall be submitted at the location stated in the Invitation for Bid, Section 00000, and will be clocked in at the time received, which must be prior to the time specified. Bids will then be held for public opening.

4.6.5 Oral, telephonic, or telegraphic bids are invalid

and will not receive consideration.

4.7 Correction or Withdrawal of Bids

4.7.1 A Bid containing a mistake discovered before

bid opening may be modified or withdrawn by a Bidder prior to the time set for bid opening by delivering written or telegraphic notice to the location designated in the invitation for bid as the place where bids are to be received.

4.7.2 Bid security, if required, shall be in an amount

sufficient for the Bid as modified or resubmitted in conformance with subpart 4.2 of this section.

4.7.3 Withdrawn Bids may be resubmitted up to the

time and date designated for the receipt of Bids, provided they are then fully in conformance with the Bidding Documents.

4.7.4 After bid opening, no modifications in Bid

Prices or other provisions of Bids shall be permitted. A low Bidder alleging a material mistake of fact that makes his Bid nonresponsive may be permitted to withdraw his Bid if:

A. The mistake is clearly evident on the fact of the Bid Document; or

B. The Bidder submits evidence which clearly and convincingly demonstrates that a mistake was made.

C. Any decision by the Owner to permit or deny the withdrawal of a Bid on the basis of a mistake contained therein shall be supported by a determination setting forth the grounds for the decision. If withdrawal is permitted, bid security will not be forfeited.

4.8 Notice of Contract Requirements Binding on

Bidder

4.8.1 In submitting this bid, the Bidder represents

that he has familiarized himself with the nature and extent of the following requirements of the Conditions of the Construction Contract (General, Supplementary, and Other Conditions):

A. Definitions - Sections 00700, Part 1.0 and 00810, §1.0;

B. Bribes, Gratuities, and Kickbacks - Section 00820, page 96;

C. Nonresident Contractor Requirements Regarding Gross Receipts Tax Surety Bond - Section 00820, page 86;

D. Contractor's Gross Receipts Tax Registration - Section 00820, page 87;

E. Contracts with Nonresident Persons or Partnerships or Unadmitted Foreign Corporations, Agent for Service of Process- Section 00820, page 87;

F. Assignment of Antitrust Claims - Section 00820, page 87;

G. Equal Employment Opportunity - Section 00820, page 86; and

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H. Others listed within the Contract Documents.

4.9 Rejection or Cancellation of Bids

An invitation for bid may be canceled, or any or all Bids may be rejected in whole or in part, when it is in the best interest of the Owner. A determination containing the reasons therefor shall be made part of the project file (§13-1-131 NMSA 1978). Bid security for rejected Bids shall be returned to the Bidder.

4.10 Protests

4.10.1 Any Bidder, Offerer, or Contractor who is

aggrieved in connection with this Bid may protest to the Owner. The protest should be made in writing within 24 hours after the facts or occurrences giving rise thereto, but in no case later than 15 calendar days after the facts or occurrences giving rise thereto

(§13-1-172, NMSA 1978).

4.10.2 In the event of a timely protest under

subsection 4.10.1 above (§13-1-172 NMSA 1978), the procurement officer and the Owner shall not proceed further with the procurement unless the procurement officer or the Owner makes a determination that the award of contract is necessary to protect substantial interests of the Owner (§13-1-173 NMSA 1978).

4.10.3 The procurement officer or his designee shall

have the authority to take any action reasonably necessary to resolve a protest of an aggrieved Bidder, Offerer, or contractor concerning procurement.

4.10.4 The procurement officer or his designee shall

promptly issue a determination relating to the protest.

The determination shall:

A. State the reasons for the action taken; and

B. Inform the protestant of the right to judicial review of the determination pursuant to §13-1-183

NMSA 1978 (§13-1-175 NMSA 1978).

C. A copy of the determination issued under §13-1-175 NMSA 1978 shall immediately be mailed to the protestant and other bidders or offerors involved in the procurement (§13-1-176 NMSA 1978).

5.0 CONSIDERATION OF BIDS

5.1 Receipt, Opening, and Recording

Bids received on time will be opened publicly and will be read aloud, and an abstract of the amounts of the Base Bids and alternates or Bid items, if any, will be made available to the Bidders. Each Bid shall be open to public inspection (§13-1-107 NMSA 1978).

A. Bidder shall submit their General Contractor’s Qualification Statement along with the Bid. Prior Medical Clinic experience will be viewed as an asset to the project.

5.2 Bid Evaluation and Award. If the lowest bid, including alternates, exceeds the amount budgeted for construction, the Grantee may negotiate with the low bidder to bring the contract within the available funds, if the bid amount does not exceed 10% of available funds. Owner may reject all bids and may start the process over if necessary.

5.2.1 The Owner shall have the right to waive

technical irregularities in the form of the Bid of the low Bidder which do not alter the price, quality, or quantity of the services, construction, or items of tangible personal property bid (§13-1-132 NMSA 1978).

5.2.2 It is the intent of the Owner to award a contract

to the lowest responsible Bidder, provided the Bid has been submitted in accordance with the requirements of the Bidding Documents. The unreasonable failure of a Bidder to promptly supply information in connection with an inquiry with respect to responsibility is grounds for a determination that the Bidder is not a responsible Bidder (§13-1-133 NMSA 1978). See subpart 6.6 of this section as to Post-Bid Information that may be required of a contractor as to qualifications.

5.2.3 If the Base Bid is within the amount of funds

available to finance the construction, contract award will be made to the responsible Bidder submitting the low Base Bid; except that, if sufficient funds are available to fund alternates, the Owner may award the contract to the responsible Bidder submitting the low combined Bid within the amount of funds available (Base Bid plus or minus alternates). If the award is based on alternates, the Owner shall accept them based on available funding.

5.2.4 Discrepancies in the Bid form between words

and figures will be resolved in favor of words.

Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

5.2.5 Conditional Bids or Bids with additional terms

will not be accepted.

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5.3 Notice of Award

The Owner shall issue a written Notice of Award after review and approval of the bid and related documents by the Owner with reasonable promptness §§13-1-100 and 13-1-108 NMSA 1978).

5.4 Identical Bids

When two or more of the bids submitted are identical in price and are the low Bid, the Owner may:

A. Award pursuant to the multiple source award provisions of §§13-1-153 and 13-1-154 NMSA 1978 of the procurement code;

B. Award to a resident business if the identical low Bids are submitted by a resident business and a nonresident business;

C. Award to a resident manufacturer if the identical low Bids is submitted by a resident manufacturer and a resident…