2018-05-407 Polvadera Fire Station Project Manual.pdf

POLVADERA

FIRE STATION

650 NM STATE HWY 408, Polvadera, NM 87828

PROJECT MANUAL

Socorro County Project Number: 2018-05-407

October 18, 2018

POLVADERA FIRE STATION STUDIO SW PROJ NO 1704

TABLE OF CONTENTS TOC - 1

TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

001113 ADVERTISEMENT FOR BIDS

002112 PRE-BID INFORMATION

002113 INSTRUCTIONS TO BIDDERS

002113a AIA DOCUMENT A701 – INSTRUCTIONS TO BIDDERS

002213 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

002513 PREBID MEETINGS

002600 PROCUREMENT SUBSTITUTION PROCEDURES

002600a PROCUREMENT SUBSTITUTION REQUEST FORM

003119 EXISTING CONDITION INFORMATION

003132 GEOTECHNICAL DATA

003143 PERMIT APPLICATION

004113 BID FORM – STIPULATED SUM (SINGLE-PRIME CONTRACT)

004313 BID SECURITY FORMS

004313a AIA DOCUMENT A310 – BID BOND

004336 PROPOSED SUBCONTRACTORS FORM

004337 NON-COLLUSION AFFIDAVIT

004338 RESIDENT VETERANS PREFERENCE CERTIFICATION

004339 CAMPAIGN CONTRIBUTION DISCLOSURE FORM

004393 BID SUBMITTAL CHECKLIST

004394 SUBCONTRACTOR'S SUPPLEMENTAL FORM

005100 NOTICE OF AWARD

005113 BONDS

005114 RIDER TO BONDS

005115 INSURANCE REQUIREMENTS

005116 ASSIGNMENT OF ANTITRUST CLAIMS

006000 PROJECT FORMS

006000a AIA DOCUMENT A101 – STANDARD FORM OF AGREEMENT BETWEEN OWNER AND

CONTRACTOR

006001 SIGNATURE PAGE

006002 AIA DOCUMENT A201 – GENERAL CONDITIONS OF THE CONTRACT FOR

CONSTRUCTION

007201 MODIFICATIONS TO GENERAL CONDITIONS

007300 SUPPLEMENTARY CONDITIONS

007346 WAGE RATE DETERMINATION

DIVISION 01 - GENERAL REQUIREMENTS

011000 SUMMARY

012500 SUBSTITUTION PROCEDURES

012500a SUBSTITUTION REQUEST FORM

012600 CONTRACT MODIFICATION PROCEDURES

012900 PAYMENT PROCEDURES

013100 PROJECT MANAGEMENT AND COORDINATION

013200 CONSTRUCTION PROGRESS DOCUMENTATION

013300 SUBMITTAL PROCEDURES

014000 QUALITY REQUIREMENTS

014200 REFERENCES

015000 TEMPORARY FACILITIES AND CONTROLS

015000a PROJECT SIGN

016000 PRODUCT REQUIREMENTS

017300 EXECUTION

017700 CLOSEOUT PROCEDURES

TABLE OF CONTENTS TOC - 2

017823 OPERATION AND MAINTENANCE DATA

017839 PROJECT RECORD DOCUMENTS

017900 DEMONSTRATION AND TRAINING

DIVISION 06 – WOOD, PLASTICS AND COMPOSITES

061000 ROUGH CARPENTRY

064116 PLASTIC-LAMINATE-CLAD ARCHITECTURAL CABINETS

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

079200 JOINT SEALERS

DIVISION 08- OPENINGS

081113 HOLLOW METAL DOORS AND FRAMES

081416 FLUSH WOOD DOORS

083613 SECTIONAL DOORS

084113 ALUMINUM-FRAMED ENTRANCES

087100 FINISH HARDWARE

DIVISION 09 - FINISHES

092216 NON-STRUCTURAL METAL FRAMING

092900 GYPSUM BOARD

093013 CERAMIC TILING

095113 ACOUSTICAL PANEL CEILINGS

096513 RESILIENT BASE AND ACCESSORIES

096813 TILE CARPETING

099113 EXTERIOR PAINTING

099123 INTERIOR PAINTING

DIVISION 10 - SPECIALTIES

101419 DIMENSIONAL LETTER SIGNAGE

102800 TOILET, BATH, AND LAUNDRY ACCESSORIES

104416 FIRE EXTINGUSHERS

DIVISION 11 - EQUIPMENT

113013 RESIDENTIAL APPLIANCES

DIVISION 13 – SPECIAL CONSTRUCTION

133419 METAL BUILDING SYSTEMS

END OF TABLE OF CONTENTS

POLVEDERA FIRE STATION STUDIO SW PROJ NO 1704

ADVERTISEMENT FOR BIDS 001113 - 1

DOCUMENT 001113 – ADVERTISEMENT FOR BIDS

1.1 PROJECT INFORMATION

A. Notice to Bidders: Bidders may submit bids for project as described in this Document. Submit bids according to the Instructions to Bidders.

1. Regulatory Requirements: All applicable, federal laws and regulations and the laws and regulations of the State of New Mexico and the County of Socorro shall govern submittal, opening, and award of bids.

2. The NIGP Commodity and Service Codes 90925 and 90922 apply to this procurement.

B. Project Identification: 2108-05-407 Polvadera Fire Station.

1. Project Location: 650 Highway 408, Polvadera, New Mexico 87828.

C. Owner: Socorro County.

1. Owner's Representative: Delilah Walsh, Socorro County Manager, P.O. Box I, 210 Park Street, Socorro, New Mexico 87801.

D. Architect: Studio Southwest Architects, Inc., 2101 Mountain Road NW, Albuquerque, New Mexico

87104-1468, (505) 843-9639, mail@studioswarch.com

E. Project Description: A new 5,000 square foot fire station facility, mixed use occupancy (B and S1), type

V-B non-sprinkled construction. The project includes earthwork, site utilities, site paving, concrete foundations, erection of owner provided pre-engineered metal building structure and skin, thermal insulation, hollow metal windows and doors, aluminum storefront entry door, light gage framing, finishes, owner provided residential appliances and kitchen equipment, plumbing systems, mechanical systems, electrical systems, telecom and security electronic system.

F. Construction Contract: Bids will be received for the following Work:

1. General Contract (all trades).

1.2 BID SUBMITTAL AND OPENING

A. Owner will receive sealed lump sum bids until the bid time and date at the location given below. Owner will consider bids prepared in compliance with the Instructions to Bidders issued by Owner, and delivered as follows:

1. Bid Date: November 7th, 2018.

2. Bid Time: 1:45 p.m., local time.

3. Location: Socorro County Purchasing Office, P.O. Box I, 210 Park Street, Socorro, New Mexico

87801.

B. Bids will be thereafter publicly opened and read aloud.

1. Bid Date: November 7th, 2018.

2. Bid Time: 2:00 p.m., local time.

3. Location: Socorro County Purchasing Annex Building, 198 Neel Avenue Socorro, New Mexico

87801.

1.3 BID SECURITY

A. Bid security shall be submitted with each bid in the amount of 5 percent of the bid amount. No bids may be withdrawn for a period of 90 days after opening of bids. Owner reserves the right to reject any and all bids and to waive informalities and irregularities.

mailto:mail@studioswarch.com

POLVEDERA FIRE STATION STUDIO SW PROJ NO 1704

ADVERTISEMENT FOR BIDS 001113 - 2

1.4 PREBID MEETING

A. Pre-bid Meeting is not mandatory but is recommended for all potential bidders.

1. Pre-bid Date: October 30th, 2018

2. Pre-bid Time: 10:00 AM

3. Location: Socorro County Purchasing Annex Building, 198 Neel Avenue Socorro, NM 87801

1.5 DOCUMENTS

A. Procurement and Contracting Documents: Obtain after October 18th, 2018, by contacting the Socorro

County Purchasing Office.

1. Documents will be distributed electronically.

2. Project Manual and Construction Drawings are available at www.bidnetdirect.com

3. Contact Sammie Vega, Procurement Officer

a. (575) 835-0589 Phone

b. (575) 835-4629 Fax

c. svega@co.socorro.nm.us

1.6 TIME OF COMPLETION AND LIQUIDATED DAMAGES

A. Successful bidder shall begin the Work on receipt of the Notice to Proceed and shall complete the Work within the Contract Time. Work is subject to liquidated damages.

1.7 BIDDER'S QUALIFICATIONS

A. Bidders must be properly licensed under the laws governing their respective trades and be able to obtain insurance and bonds required for the Work. A Performance Bond, separate Labor and Material Payment

Bond, and Insurance in a form acceptable to Owner will be required of the successful Bidder.

1.8 NOTIFICATION

A. This Advertisement for Bids document is issued by the County of Socorro.

END OF DOCUMENT 001113

../Rebid/www.bidnetdirect.com mailto:svega@co.socorro.nm.us

PRE-BID INFORMATION 002112 - 1

DOCUMENT 002112 - PRE-BID INFORMATION

1.1 PRE-BID INFORMATION

A. A business (contractor, subcontractor or supplier) that has either been debarred or suspended pursuant to the requirements of §13-1-177 through §13-1-180, and §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.

END OF DOCUMENT 002112

INSTRUCTIONS TO BIDDERS 002113 - 1

DOCUMENT 002113 - INSTRUCTIONS TO BIDDERS

1.1 INSTRUCTIONS TO BIDDERS

A. AIA Document A701, "Instructions to Bidders," is hereby incorporated into the Procurement and

Contracting Requirements by reference.

1. A copy of AIA Document A701, "Instructions to Bidders," is bound in this Project Manual.

1.2 PROCUREMENT SCHEDULE

A. Sequence of procurement events:

END OF DOCUMENT 002113

Event Responsible Party Date Location

1. Issue RFP Socorro County October 18th, 2018

October 21st, 2018

Public Advertisement:

Socorro Chieftain, Abq Journal

2. RFP and Construction

Documents Available to

Potential Offerors

Studio SW Architects

Socorro County

October 18th, 2018

Socorro County

Purchasing Office

3. Pre-proposal

Conference – Non

Mandatory

Socorro County October 30th, 2018

10:00 AM

Socorro County

Purchasing Annex, 198

Neel Avenue

Socorro, NM 87801

4. Submission of Written

Questions

Potential Offerors November 1st, 2018-before 3:00 PM deadline

Sent to Studio SW

Architects office

5. Submission of Requests for Prior Approval of

Product Substitutions

Potential Offerors November 5th, 2018 -before 3:00 PM deadline

Sent to Studio SW

Architects office

6. Submission of Bids Offerors November 07th, 2018

1:45 PM

Socorro County

Purchasing Office PO

Box I, 210 Park Street

Socorro, NM 87801

7 Opening of Bids Socorro County

Offerors

November 07th, 2018

2:00 PM

Socorro County

Purchasing Annex, 198

Neel Avenue

Socorro, NM 87801

8. Socorro County

Commission Approval

Socorro County November 13th, 2018 Socorro County

Purchasing Office

9. Notice of Award Socorro County November 14th, 2018 Socorro County

Purchasing Office

10. Notice to Proceed Socorro County November 28th, 2018 Socorro County

Purchasing Office

AIA

Document A701TM – 1997

Instructions to Bidders

AIA Document A701™ – 1997. Copyright © 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved.

WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:47:31 on 11/29/2012 under Order No.4875150851_1 which expires on 02/05/2013, and is not for resale.

User Notes: (1969705290)

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion.

The author may also have revised the text of the original AIA standard form.

An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

for the following PROJECT:

(Name and location or address)

Polvadera Fire Station

650 Highway 408

Polvadera, NM 87828

THE OWNER:

(Name, legal status and address)

Socorro County Board of County Commissioners

P.O. Box I

210 Park Street

Socorro, NM 87801

THE ARCHITECT:

Studio Southwest Architects, Inc.

2101 Mountain Road NW Albuquerque, NM 87104-1468

TABLE OF ARTICLES

1 DEFINITIONS

2 BIDDER'S REPRESENTATIONS

3 BIDDING DOCUMENTS

4 BIDDING PROCEDURES

5 CONSIDERATION OF BIDS

6 POST-BID INFORMATION

7 PERFORMANCE BOND AND PAYMENT BOND

8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

AIA Document A701™ – 1997. Copyright © 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved.

WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:47:31 on 11/29/2012 under Order No.4875150851_1 which expires on

ARTICLE 1 DEFINITIONS

§ 1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding

Requirements consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, the bid form, and other sample bidding and contract forms. The proposed Contract Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications and all Addenda issued prior to execution of the Contract.

§ 1.2 Definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201, or in other Contract Documents are applicable to the Bidding Documents.

§ 1.3 Addenda are written or graphic instruments issued by the Architect prior to the execution of the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections.

§ 1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents.

§ 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the

Bidding Documents as the base, to which Work may be added or from which Work may be deleted for sums stated in Alternate Bids.

§ 1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted.

§ 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents.

§ 1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Bidding

Documents.

§ 1.9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work.

ARTICLE 2 BIDDER'S REPRESENTATIONS

§ 2.1 The Bidder by making a Bid represents that:

§ 2.1.1 The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that such documentation relates to the Work for which the Bid is submitted, and for other portions of the Project, if any, being bid concurrently or presently under construction.

§ 2.1.2 The Bid is made in compliance with the Bidding Documents.

§ 2.1.3 The Bidder has visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the Bidder's personal observations with the requirements of the proposed Contract

§ 2.1.4 The Bid is based upon the materials, equipment and systems required by the Bidding Documents without exception.

ARTICLE 3 BIDDING DOCUMENTS

§ 3.1 COPIES

§ 3.1.1 Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement or Invitation to Bid in the number and for the deposit sum, if any, stated therein. The deposit will be refunded to Bidders who submit a bona fide Bid and return the Bidding Documents in good condition within ten days after receipt of Bids. The cost of replacement of missing or damaged documents will be deducted from the deposit. A Bidder receiving a Contract award may retain the Bidding Documents and the Bidder's deposit will be refunded.

§ 3.1.2 Bidding Documents will not be issued directly to Sub-bidders unless specifically offered in the

Advertisement or Invitation to Bid, or in supplementary instructions to bidders.

AIA Document A701™ – 1997. Copyright © 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved.

WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:47:31 on 11/29/2012 under Order No.4875150851_1 which expires on

§ 3.1.3 Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding

§ 3.1.4 The Owner and Architect may make copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding

§ 3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

§ 3.2.1 The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Architect errors, inconsistencies or ambiguities discovered.

§ 3.2.2 Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Architect at least seven days prior to the date for receipt of Bids.

§ 3.2.3 Interpretations, corrections and changes of the Bidding Documents will be made by Addendum.

Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them.

§ 3.3 SUBSTITUTIONS

§ 3.3.1 The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution.

§ 3.3.2 No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other contracts that incorporation of the proposed substitution would require, shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. The Architect's decision of approval or disapproval of a proposed substitution shall be final.

§ 3.3.3 If the Architect approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an

Addendum. Bidders shall not rely upon approvals made in any other manner.

§ 3.3.4 No substitutions will be considered after the Contract award unless specifically provided for in the Contract

§ 3.4 ADDENDA

§ 3.4.1 Addenda will be transmitted to all who are known by the issuing office 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.

§ 3.4.4 Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the

Bidder shall acknowledge their receipt in the Bid.

ARTICLE 4 BIDDING PROCEDURES

§ 4.1 PREPARATION OF BIDS

§ 4.1.1 Bids shall be submitted on the forms included with the Bidding Documents.

AIA Document A701™ – 1997. Copyright © 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved.

WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:47:31 on 11/29/2012 under Order No.4875150851_1 which expires on

§ 4.1.2 All blanks on the bid form shall be legibly executed in a non-erasable medium.

§ 4.1.3 Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall govern.

§ 4.1.4 Interlineations, alterations and erasures must be initialed by the signer of the Bid.

§ 4.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change."

§ 4.1.6 Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder's refusal to accept award of less than the combination of Bids stipulated by the Bidder. The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other manner.

§ 4.1.7 Each copy of the Bid shall state the legal name of the Bidder and the nature of legal form of the Bidder. The

Bidder shall provide evidence of legal authority to perform within the jurisdiction of the Work. 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 corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder.

§ 4.2 BID SECURITY

§ 4.2.1 Each Bid shall be accompanied by a bid security in the form and amount required if so stipulated in the

Instructions to Bidders. The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and will, if required, 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 such bonds if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to the Owner in the event the Owner fails to comply with Section 6.2.

§ 4.2.2 If a surety bond is required, it shall be written on AIA Document A310, Bid Bond, unless otherwise provided in the Bidding Documents, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney.

§ 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 bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn or (c) all Bids have been rejected.

§ 4.3 SUBMISSION OF BIDS

§ 4.3.1 All copies of the Bid, the bid security, if any, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder's name and address and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof.

§ 4.3.2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened.

§ 4.3.3 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

§ 4.3.4 Oral, telephonic, telegraphic, facsimile or other electronically transmitted bids will not be considered.

§ 4.4 MODIFICATION OR WITHDRAWAL OF BID

§ 4.4.1 A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid.

§ 4.4.2 Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder. Written confirmation over the signature of the Bidder shall be received, and date- and time-

AIA Document A701™ – 1997. Copyright © 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved.

WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:47:31 on 11/29/2012 under Order No.4875150851_1 which expires on stamped by the receiving party on or before the date and time set for receipt of Bids. A change shall be so worded as not to reveal the amount of the original Bid.

§ 4.4.3 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders.

§ 4.4.4 Bid security, if required, shall be in an amount sufficient for the Bid as resubmitted.

ARTICLE 5 CONSIDERATION OF BIDS

§ 5.1 OPENING OF BIDS

At the discretion of the Owner, if stipulated in the Advertisement or Invitation to Bid, the properly identified Bids received on time will be publicly opened and will be read aloud. An abstract of the Bids may be made available to

Bidders.

§ 5.2 REJECTION OF BIDS

The Owner shall have the right to reject any or all Bids. A Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection.

§ 5.3 ACCEPTANCE OF BID (AWARD)

§ 5.3.1 It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available.

The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner's judgment, is in the Owner's own best interests.

§ 5.3.2 The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and

Alternates accepted.

ARTICLE 6 POST-BID INFORMATION

§ 6.1 CONTRACTOR'S QUALIFICATION STATEMENT

Bidders to whom award of a Contract is under consideration shall submit to the Architect, upon request, a properly executed AIA Document A305, Contractor's Qualification Statement, unless such a Statement has been previously required and submitted as a prerequisite to the issuance of Bidding Documents.

§ 6.2 OWNER'S FINANCIAL CAPABILITY

The Owner shall, at the request of the Bidder to whom award of a Contract is under consideration and no later than seven days prior to the expiration of the time for withdrawal of Bids, furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Unless such reasonable evidence is furnished, the Bidder will not be required to execute the Agreement between the Owner and Contractor.

§ 6.3 SUBMITTALS

§ 6.3.1 The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, after notification of selection for the award of a Contract, furnish to the Owner through the Architect in writing:

.1 a designation of the Work to be performed with the Bidder's own forces;

.2 names of the manufacturers, products, and the suppliers of principal items or systems of materials and equipment proposed for the Work; and

.3 names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work.

§ 6.3.2 The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding

§ 6.3.3 Prior to the execution of the Contract, the Architect will notify the Bidder in writing if either the Owner or

Architect, after due investigation, has reasonable objection to a person or entity proposed by the Bidder. If the

Owner or Architect has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option,

(1) withdraw the Bid or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or

AIA Document A701™ – 1997. Copyright © 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved.

WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:47:31 on 11/29/2012 under Order No.4875150851_1 which expires on

Alternate Bid to cover the difference in cost occasioned by such substitution. The Owner may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited.

§ 6.3.4 Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Architect.

ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND

§ 7.1 BOND REQUIREMENTS

§ 7.1.1 If stipulated in the Bidding Documents, the Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured through the Bidder's usual sources.

§ 7.1.2 If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid.

If the furnishing of such bonds is required after receipt of bids and before execution of the Contract, the cost of such bonds shall be added to the Bid in determining the Contract Sum.

§ 7.1.3 If the Owner requires that bonds be secured from other than the Bidder's usual sources, changes in cost will be adjusted as provided in the Contract Documents.

§ 7.2 TIME OF DELIVERY AND FORM OF BONDS

§ 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract. If the Work is to be commenced prior thereto in response to a letter of intent, the Bidder shall, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section 7.2.1.

§ 7.2.2 Unless otherwise provided, the bonds shall be written on AIA Document A312, Performance Bond and

Payment Bond. Both bonds shall be written in the amount of the Contract Sum.

§ 7.2.3 The bonds shall be dated on or after the date of the Contract.

§ 7.2.4 The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney.

ARTICLE 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

Unless otherwise required in the Bidding Documents, the Agreement for the Work will be written on AIA

Document A101, Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is a

Stipulated Sum.

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 002213 - 1

DOCUMENT 002213 - SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

1.1 INSTRUCTIONS TO BIDDERS

A. Instructions to Bidders for Project consist of the following:

1. AIA Document A701, "Instructions to Bidders" a copy of which is bound in this Project Manual.

2. The following Supplementary Instructions to Bidders that modify and add to the requirements of the Instructions to Bidders.

1.2 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS, GENERAL

A. The following supplements modify AIA Document A701, "Instructions to Bidders." Where a portion of the Instructions to Bidders is modified or deleted by these Supplementary Instructions to Bidders, unaltered portions of the Instructions to Bidders shall remain in effect.

1.3 ARTICLE 1 - DEFINITIONS

A. A Responsible Bidder is 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 construction described in the Invitation for Bid (§13-1-82 NMSA 1978).

B. Responsive Bid is a bid, which conforms in all material respects to the requirements set forth in the

Invitation for Bid (§13-1-84 NMSA 1978).

C. A Subcontractor is a contractor who contracts directly with the contractor.

D. The Successful Bidder is the lowest pre-qualified 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 is signed with the Owner.

1.4 ARTICLE 2 - BIDDER'S REPRESENTATIONS

A. Add Section 2.1.3.1:

1. 2.1.3.1 - The Bidder has investigated all required fees, permits, and regulatory requirements of authorities having jurisdiction and has properly included in the submitted bid the cost of such fees, permits, and requirements not otherwise indicated as provided by Owner.

B. Add Section 2.1.5:

1. 2.1.5 - The Bidder is a properly licensed Contractor according to the laws and regulations of New Mexico and meets qualifications indicated in the Procurement and Contracting Documents.

C. Add Section 2.1.6:

1. 2.1.6 - The Bidder has incorporated into the Bid adequate sums for work performed by installers whose qualifications meet those indicated in the Procurement and Contracting Documents.

1.5 ARTICLE 3 - BIDDING DOCUMENTS

A. 3.2 - Interpretation or Correction of Procurement and Contracting Documents:

1. Change 3.2.2 - Change “seven days” to “five days.”

2. Add Section 3.2.2.1:

a. 3.2.2.1 - Submit Bidder's Requests for Interpretation to the Owner’s Representative and the

Architect.

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 002213 - 2

B. 3.4 - Addenda:

1. Delete Section 3.4.3 and replace with the following:

a. 3.4.3 - Addenda may be issued at any time prior to the receipt of bids.

1.6 ARTICLE 4 - BIDDING PROCEDURES

A. 4.1 - Preparation of Bids:

1. Add Section 4.1.1.1:

a. 4.1.1.1 - Printable electronic Bid Forms and related documents are available from the

Owner’s Representative.

2. Add Section 4.1.8:

a. 4.1.8 - The Bid may include unit prices when called for by the Procurement and

Contracting Documents. Owner may elect to consider unit prices in the determination of award. Unit prices will be incorporated into the Contract.

3. Add Section 4.1.9:

a. 4.1.9 - Owner may elect to disqualify a bid due to failure to submit a bid in the form requested, failure to bid requested alternates or unit prices, failure to complete entries in all blanks in the Bid Form, or inclusion by the Bidder of any alternates, conditions, limitations or provisions not called for.

4. Add Section 4.1.10:

a. 4.1.10 - Bids shall not include gross receipts sales taxes.

B. 4.3 - Submission of Bids:

1. Add Section 4.3.1.2:

a. 4.3.1.2 - Include Bidder's Contractor License Number applicable in Project jurisdiction on the face of the sealed bid envelope.

C. 4.4 - Modification or Withdrawal of Bids:

1. Add the following sections to 4.4.2:

a. 4.4.2.1 - Such modifications to or withdrawal of a bid may only be made by persons authorized to act on behalf of the Bidder. Authorized persons are those so identified in the

Bidder's corporate bylaws, specifically empowered by the Bidder's charter or similar legally binding document acceptable to Owner, or by a power of attorney, signed and dated, describing the scope and limitations of the power of attorney. Make such documentation available to Owner at the time of seeking modifications or withdrawal of the Bid.

b. 4.4.2.2 - Owner will consider modifications to a bid written on the sealed bid envelope by authorized persons when such modifications comply with the following: the modification is indicated by a percent or stated amount to be added to or deducted from the Bid; the amount of the Bid itself is not made known by the modification; a signature of the authorized person, along with the time and date of the modification, accompanies the modification. Completion of an unsealed bid form, awaiting final figures from the Bidder, does not require power of attorney due to the evidenced authorization of the Bidder implied by the circumstance of the completion and delivery of the Bid.

D. 4.5 - Not Used.

E. 4.6 - Subcontractors

1. Add Section 4.6 and related sections:

a. 4.6.1 - The Bidder shall list the names and places of business for subcontractors to be used for the Types of Work indicated on the Proposed Subcontractors Form on Document

004336. The Types of Work included on the form are not necessarily all-inclusive.

Contractors are responsible for listing all other subcontractors that exceed the threshold.

Failure to include a subcontractor shall be grounds for the bid to be deemed non-responsive; unless otherwise noted, all blanks must be filled in which shall include but not be limited to the following (if applicable):

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 002213 - 3

b. 4.6.1.1 - If the Type of Work included on the Form is to be accomplished by the General

Contractor the Bidder shall indicate "General Contractor” (GC) or be left blank.

c. 4.6.1.2 - If the Type of Work included on the Form is below the threshold, the Bidder shall indicate “below threshold”.

d. 4.6.1.3 - If more than one (1) Type of Work included on the Form is to be accomplished by the same Subcontractor, the Bidder shall repeat the name, use dittos, or provide a clear distinction that identifies use of the same subcontractor.

e. 4.6.1.4 - If the Type of Work included on the Form is to be accomplished by a second tier subcontractor, the Bidder does not have to identify the name of the second tier, but at minimum shall indicate “second tier subcontractor”.

f. 4.6.2 - The Owner shall consider any request for a change in the listed firms, if the Bidder can furnish evidence of being able to perform the Work in a manner more satisfactory and beneficial to both the Owner and the Bidder by not using the listed firm. Satisfactory reasons for a substitution may include the inability to bond or lack of evidence of being able to furnish acceptable materials on schedule. Also, if the Bidder has made a legitimate error in listing a low subcontractor or supplier, a request for substitution, made after the

Bid opening with the Owner’s approval, will be considered. The proof of error must be conclusive, based upon the approval of said evidence by the listed subcontractor or material supplier and/or any other confirmation satisfactory to the Owner.

g. 4.6.3 - The Bidder shall not list himself as the subcontractor for any trade unless he has previously performed work of this type and has the proper State license(s) to perform the work.

h. 4.6.4 - Omission or non-compliance with the Subcontractor Listing Form shall be grounds for considering a Bid as non-responsive.

i. 4.6.5 - Prior to the award of the Contract, the Architect will notify the Bidder in writing if either the Owner or the Architect, 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 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, (1) withdraw his Bid, or (2) submit an acceptable substitute subcontractor or supplier with no increase in his Bid Price. In the event of withdrawal under this paragraph, Bid Security will not be forfeited.

j. 4.6.6 - The Successful Bidder shall, within seven (7) days of Bid Opening, submit the following information to the Owner: (A) A signed list of the proprietary names and the suppliers of principal items or systems of materials 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.

k. 4.6.7 - The Successful Bidder will be required to establish to the satisfaction of the

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

l. 4.6.8 - Persons and organizations proposed by the Bidder and to whom the Owner and the

Architect have made no reasonable objection under the provisions of paragraph 4.6.7 must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Architect and the Owner.

m. 4.6.9 - No Successful Bidder shall be required to employ any subcontractor, other person, or organization against whom he has reasonable objection.

n. 4.6.10 - Pursuant to 13-4-13.1, contractors and subcontractors awarded contracts in excess of $60,000 are required to register with the Labor Relations Division of New Mexico

Department of Workforce Solutions (NMDWS) and obtain a registration number prior to bid submittal or bid will not be accepted and shall be rejected for non-compliance;

additional information regarding 13-4-13.1 is included in the “Wage Rate Determination” documentation included in this bidding document. Acceptance of a bid by the County of

Socorro is contingent on compliance with 13-4-13.1, this section, and the Subcontractors’

Supplemental Form.

o. 4.6.11 - Bidders are required to list their registration number as part of their bid submittal.

In addition, Bidders are required to include a copy of their “Certificate of Public Works

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 002213 - 4

Registration” issued by NMDWS with the bid submittal, which must include an expiration date that is current, and must be in good standing on the date of bid submittal; it is the responsibility of the Bidder to ensure the registration is current and in good standing at the time of bid submittal. The failure of a Bidder to list a registration number or provide a copy of its active “Certificate of Public Works Registration” as proof of the required registration will deem the bid non-responsive and the bid will be rejected.

p. 4.6.12 - All tiers of subcontractors shall be subject to the requirements of 13-4-13.1.

Bidders are required to list their subcontractors’ registration number on the Subcontractors’

Supplemental Form on Page 21 and are required to submit the Subcontractors’

Supplemental Form to the Purchasing Department as per the instructions on the

Subcontractors’ Supplemental Form. Failure to comply with the instructions on the

Subcontractors’ Supplemental Form will deem the bid non-responsive and the bid will be rejected.

1.7 ARTICLE 5 - CONSIDERATION OF BIDS

A. 5.1 - Opening of Bids

1. Delete Section 5.1 and replace with the following:

a. 5.1.1 - Bids received on time will be opened publicly and read aloud, and an abstract of the amounts of the Base Bid(s) and Alternate Bids 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).

B. 5.3 - Acceptance of Bid (Award)

1. Add Section 5.3.3:

a. 5.3.3 - 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; (B) Award to a resident contractor if the identical low Bids are submitted by a resident contractor and a nonresident contractor; (C) Award to a resident manufacturer if the identical low Bids are submitted by a resident manufacturer and a resident business; (D) Award by lottery to one of the identical low Bidders; (E) Reject all

Bids and re-solicit Bids for the required construction (§13-1-110 NMSA 1978).

2. Add Section 5.3.4:

a. 5.3.4 - When in the best interest of the public, the Owner may cancel the award of any contract at any time before the execution of said contract by all parties without liability against the Owner.

3. Add Section 5.3.5:

a. 5.3.5 - 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).

C. 5.4 - Protests

1. Add Section 5.4:

a. 5.4.1 - Bidders have the right to protest. Protests must be filed with the Owner’s

Representative in writing in accordance with the Owner’s Procurement Regulation and the State Procurement Code. The protest shall be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest. (§13-1-

172 NMSA 1978). Protests must include the name and address of the protestant, the solicitation number, and a statement of grounds for protest, including appropriate supporting exhibits. Protests received after the deadline will not be accepted.

b. 5.4.1.1 - Protest Bond: A $5,000.00 protest bond will be filed for each protest. If protest is upheld, bid will be awarded to the next qualified offeror. If the protest is disallowed the protesting offeror will forfeit the $5,000.00 bond.

c. 5.4.2 - In the event of a timely protest under paragraph 5.4.1, the Owner shall not proceed further with the procurement unless the Owner makes a determination that the award of contract is necessary to protect substantial interests of the Owner (§13-1-173 NMSA 1978).

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 002213 - 5

d. 5.4.3 - The Owner’s Representative shall have the authority to take any action reasonably necessary to resolve a protest of an aggrieved Bidder, Offeror, or Contractor concerning procurement. This authority shall be exercised in accordance with adopted regulations, but shall not include the authority to award money damages or attorneys’ fees (§13-1-174

NMSA 1978).

e. 5.4.4 - The Owner’s Representative 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.

f. 5.4.5 - 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).

D. 5.5 - Resident Contractor’s Preference

1. Add Section 5.5:

a. 5.5.1 - Pursuant to the requirements set forth in §13-4-2 NMSA 1978 to receive a Resident

Contractor preference or a Resident Veteran Contractor preference, Bidders must submit a valid preference certificate issued by the Taxation and Revenue Department. If the required preference certificate is submitted, the following preferences shall apply:

b. 5.5.1.1 - Resident Contractor: bid shall be five percent lower than the bid actually received.

c. 5.5.1.2 - Resident Veteran Contractor: with annual revenue of one million dollars

($1,000,000) or less to be ten percent lower than the bid actually submitted; with annual revenues of one million dollars ($1,000,000) but less than five million dollars ($5,000,000) to be eight percent lower than the bid actually received; with annual revenues of five million dollars ($5,000,000) or more to be seven percent lower than the bid actually received.

d. 5.5.1.2.1 - To receive the Resident Veteran Contractor preference, Bidder must also submit the Resident Veterans Preference Certification (“Certification”) included on page 23. A preference will not be applied if the Certification is not submitted.

e. 5.5.2 - Bidders are not eligible to receive both a resident Contractor preference and a resident veteran Contractor preference.

1.8 ARTICLE 6 - POSTBID INFORMATION

A. 6.2 - Owner’s Financial Capability:

1. Delete Section 6.2.

B. 6.3 - Submittals:

1. Delete Sections 6.3.1 through 6.3.4 and replace with the following:

a. 6.3.1 - Each Bidder shall submit a fully executed “Non-Collusion Affidavit of Prime

Bidder” attached to the Bid Proposal. Bids submitted without this affidavit shall be considered non-responsive.

b. 6.3.2 - Subcontractors listed on the Subcontractors Form in Document 004336 shall hold a current Contractor’s license in good standing for the type of work indicated at the time of bid submittal.

c. 6.3.3 - In accordance §13-1-148.1 Subcontractor’s performing work on a project valued at

$125,000 or more, shall provide a performance and payment bond to the General

Contractor. See Article 1.3, Paragraph C of Document 002213 for the definition of a

Subcontractor.

d. 6.3.4 - Pursuant to Federal Tax Law (Internal Revenue Code, Section 6041), the County is required to obtain a Taxpayer Identification Number (TIN) and a completed W-9 from the successful Bidder; according to Federal Income Tax Law (Internal Revenue Code, Section

3406), failure to furnish this information promptly and correctly (within 30 days) may result in a $50.00 penalty imposed by the Internal Revenue Service. In addition, the

Internal Revenue Service may require the County to withhold 28% or payments made, if the information is not furnished by the successful Bidder.

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 002213 - 6

e. 6.3.4.1 - If the successful Bidder’s business is classified as a corporation, tax-exempt organization, government agency, or other exempt payee, the County will not file an

Annual Information Return (Form 1088 Misc.) on your behalf. However, the law requires your TIN in addition to informing the County of payee type. If classified as an individual or sole proprietor, the TIN is your Social Security Number; otherwise, your Federal Employer Identification Number serves as your TIN.

1.9 ARTICLE 7 - PERFORMANCE BOND AND PAYMENT BOND

A. 7.1 - Bond Requirements:

1. Add Section 7.1.1.1:

a. 7.1.1.1 - Both a Performance Bond and a Payment Bond will be required, each in an amount equal to 100 percent of the Contract Sum.

B. 7.2 - Time of Delivery and Form of Bonds:

1. Delete the first sentence of Section 7.2.1 and insert the following:

a. The Bidder shall deliver the required bonds to Owner no later than 10 days after the date of

Notice of Intent to Award and no later than the date of execution of the Contract, whichever occurs first.