20250001_Bid Package Goodman Recontruction Project ITB 2025-0001 R-!.pdf

CITY OF RIO

COMMUNITIES

INVITATION TO BID

No. 2025-0001

Goodman Avenue Reconstruction

Project

CITY OF RIO COMMUNITIES

INVITATION TO BID. 2025-0001

Table of Contents

ADVERTISEMENT FOR BIDS

I. INTRODUCTION

A. Purpose of this Invitation to Bid B. Scope of Work C. Scope of Procurement D. Procurement Manager E. Definition of Terminology F. Resident/Veteran Business Preference

1. Resident Business Preference

2. Resident Veterans Preference

3. Native American Resident Business Preference

G. Procurement Library

II. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS

B. EXPLANATION OF EVENTS

1. Issue ITB

2. Bid Intent

3. Pre-Bid Conference

4. Deadline to submit additional written questions

5. Response to written questions/ITB Amendments

6. Submission of Bids

7. Public Opening

8. Bid Tabulation

9. Contract Award

10. Protest Deadline

C. GENERAL REQUIREMENTS

1. Acceptance of Conditions Governing the Procurement

2. Incurring Cost

3. Contractor Public Works Registration Requirement

4. Public Works Project Requirements

5. Prime Contractor Responsibility

6. Subcontractors

7. Amended Bids

8. Bidders’ Rights to Withdraw Bid

9. Bid Offer Firm

10. No Obligation

11. Termination

12. Sufficient Appropriation

13. Legal Review

14. Governing Law

15. Basis for Bid

16. Contract Terms and Conditions

17. Bidder Qualifications

18. Right to Waive Minor Irregularities

19. Change in Contractor Representatives

20. Notice

21. City Rights

22. Ownership of Bids

CITY OF RIO COMMUNITIES

23. Ambiguity, Inconsistency or Errors in ITB

24. Competition

25. Use by Other Government Entities

26. Confidentiality

27. Delivery & Failure to Meet Order Provisions

28. Discounts

29. City Furnished Property

30. Packing, Shipping, & Invoicing

31. Electronic mail address required

32. Use of Electronic Versions of this ITB

33. Award Rights

34. Delivery

35. Addenda

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

B. NUMBER OF COPIES

C. BID CONTENTS

D. BID FORMAT

E. BID SUBMITTAL REQUIREMENTS

IV. SPECIFICATIONS AND REQUIREMENTS

A. INFORMATION

1. Restrictive Specifications

2. Use of Brand Names and Numbers

3. Equivalent Items Bid

4. Special Conditions

5. Response to Requirements Each mandatory requirement in Sections IV.D.1 through IV.D.5, below, requires a vendor response, as indicated. Failure to respond to, or properly comply with, a mandatory requirement may result in the disqualification of the bidder’s bid

B. DESIGN SPECIFICATIONS

C. MANDATORY REQUIREMENTS

D. OTHER REQUIREMENTS

V. BID OPENING, PROCESSING AND AWARD

A. BID RECEIPT

B. BID OPENING

C. . EVALUATION PROCESS

D. AWARD AND ORDER PROCESS

1. Contract Award

2. Order(s)

APPENDIX A

STANDARD SPECIFICATIONS

Section Description

SECTION 1

APPENDIX B

BID FORM

GOODMAN AVENUE RECONSTRUCTION PROJECT

APPENDIX C

LETTER OF TRANSMITTAL FORM

APPENDIX D

CITY OF RIO COMMUNITIES

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

APPENDIX E

BID SUBMITTAL CHECKLIST

APPENDIX F

DRAFT PURCHASE AGREEMENT CONTRACT

APPENDIX G

NOTICE TO CONTRACTOR

APPENDIX H

NOTICE TO CONTRACTOR

APPENDIX I

NOTICE TO CONTRACTOR

APPENDIX J

NOTICE TO CONTRACTOR

ADVERTISEMENT FOR BIDS

INVITATION TO BID ITB #2025-0001

GOODMAN AVENUE RECONSTRUCTION PROJECT

The City of Rio Communities is requesting sealed bids for the purpose of procuring construction services for the reconstruction of Goodman Avenue and pedestrian path construction. The proposed improvements include clearing and grubbing, excavation, roadway and pedestrian path pavement, drainage features, street light installation, traffic control, permanent signing and striping and miscellaneous construction.

Bids may be held for ninety (90) days subject to all action by the City. City of Rio Communities reserves the right to reject any and all bids in part or in whole. A completed bid package shall be submitted in a sealed container indicating the ITB title and number along with the Offeror's name and address clearly marked on the outside of the container All bids must be received by the deadline of 1:00 PM (Mountain Time) on March 11, 2025 at the City of Rio Communities Administrative Office, 360 Rio Communities Blvd., Rio Communities, New Mexico at which time and place the bid opening will start.

Non-Mandatory Pre-Bid meeting will be held on February 27, 2025 at 10:00 AM (Mountain Time) in Conference Room A located at the City of Rio Communities Administrative Office, 360 Rio Communities Blvd., Rio Communities, New Mexico.

By submitting a bid for the requested services/items each Bidder is certifying that its bid complies with regulations and requirements stated within the Invitation to Bid.

ANY BID PACKAGE RECEIVED BY THE PURCHASING DIVISION AFTER

THE DATE AND TIME SPECIFIED ABOVE WILL NOT BE CONSIDERED AND

WILL BE REJECTED BY CITY OF RIO COMMUNITIES.

EQUAL OPPORTUNITY EMPLOYMENT: All qualified Bidders will receive consideration of contract(s) without regard to race, color, religion, sex, or national origin.

Invitation for Bid packages will be available online and interested bidders will need to register to access the documents at https://www.bidnetdirect.com/new-mexico/cityofriocommunities. For questions regarding this bid please contact the City of Rio Communities, Roy Hubbard via email at rhubbard@riocommunities.net.

https://www.bidnetdirect.com/new-mexico/cityofriocommunities https://www.bidnetdirect.com/new-mexico/cityofriocommunities mailto:rhubbard@riocommunities.net

I. INTRODUCTION

A. Purpose of this Invitation to Bid The City of Rio Communities (hereinafter the “City”) seeks sealed bids from qualified construction companies for the purpose of reconstructing Goodman Avenue and constructing an adjacent pedestrian path. The proposed improvements include clearing and grubbing, excavation, roadway and pedestrian path pavement, drainage features, street light installation, traffic control, permanent signing and striping and miscellaneous construction.

B. Scope of Work

DESCRIPTION

The project consists of removing and replacing the existing roadway with a minor shift in the alignment to accommodate the addition of an asphalt pavement pedestrian path. The project also includes the construction two safety lights per intersection at two intersections and the addition of drainage features. The project limits will be defined in the construction plan set in Appendix A.

PARTICIPATING

Estimated Quantities for Contractor Information Only NMDOT Item

No. Item Description UNIT QUANTITY

201000 CLEARING AND GRUBBING L.S. L.S.

203000 UNCLASSIFIED EXCAVATION C.Y. 1,800

207000 SUBGRADE PREPARATION S.Y. 8,600

303000 BASE COURSE TON 2,600

407000 ASPHALT MATERIAL FOR TACK COAT TON 3

408100 PRIME COAT MATERIAL TON 17

416104 MINOR PAVING TYPE I, HMA SP-IV TON 1,300

416204 MINOR PAVING TYPE II, HMA SP-IV TON 250

502030 DRILLED SHAFT FOUNDATION 30” DIAMETER L.F. 25

540060 REINFORCING BARS GRADE 60 LB 600

601000 REMOVAL OF STRUCTURES AND

OBSTRUCTIONS L.S. L.S.

601110 REMOVAL OF SURFACING S.Y. 6,650

602000 RIPRAP CALSS A C.Y. 80

603281 SWPPP PLAN PREPARATION AND

MAINTENANCE L.S. L.S.

608004 CONCRETE SIDEWALK 4” S.Y. 110

608106 DRIVEPAD 6” S.Y. 50

609200 HEADER CURB L.F. 500

609624 CONCRETE VALLEY GUTTER 6” X 24” L.F. 500

618000 TRAFFIC CONTROL MANAGEMENT L.S. L.S.

CITY OF RIO COMMUNITIES

618011 PUBLIC AWARENESS L.S. L.S.

621000 MOBILIZATION L.S. L.S.

667110 MAILBOX INSTALLATION-SINGLE EACH 5

701000 PANEL SIGNS S.F. 170

701100 STEEL POST AND BASE POST FOR ALUMINUM

PANEL SIGNS L.F. 260

702610 PORTABLE CHANGEABLE MESSAGE SIGN EACH 2

702810 TRAFFIC CONTROL DEVICES FOR

CONSTRUCTION L.S. L.S.

704000 REFLECTORIZED PAINTED MARKINGS 4” L.F. 3,600

704004 REFLECTORIZED PAINTED MARKINGS 12” L.F. 240

706350 POWER SERVICE INSTALLATION L.S. L.S.

706420 LIGHTING CONTROL CABINET – TWO CIRCUIT EACH 2

707530 TYPE V STANDARD, 30’ EACH 4

709020 RIGID ELECTRICAL CONDUIT 2” (DIA.) L.F. 910

710000 ELECTRICAL PULL BOX (STANDARD) EACH 8

711101 SINGLE CONDUCTOR 1 L.F. 520

711106 SINGLE CONDUCTOR 6 L.F. 3,320

716701 LED ROADWAY LUMINARE EACH 4

801000 CONSTRUCTION STAKING BY THE

CONTRACTOR L.S. L.S.

802000 POST CONSTRUCTION PLANS L.S. L.S.

NON-PARTICIPATING

The project consists of adjusting one water meter and two water valves to finished grade per construction plan set.

Estimated Quantities for Contractor Information Only

NMDOT

Item No. Item Description UNIT QUANTITY

663850 WATER VALVE ADJUSTMENT EACH 2

663865 ADJUST WATER METER TO GRADE EACH 1

INTENT OF CONTRACT

The intent of the contract is to provide for the construction and completion in every detail of the work described herein. The Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract.

SIGNIFICANT CHANGES IN THE CHARACTER OF WORK

The City reserves the right to make, in writing, at any time during the work, such modifications in quantities and such alterations to the work as are necessary to satisfactorily complete the project. Such modifications in quantities and alterations to the work shall not invalidate the contract nor release the surety, and the Contractor shall agree to perform the work as altered.

If the alterations to the work or modifications in quantities significantly change the character of the work under the contract whether such alterations or modifications are in themselves significant changes to the character of the work or because by affecting other work, they cause such other work to become significantly different in character an adjustment, excluding anticipated profit, shall be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment shall be made either for or against the Contractor in such amount as the City may determine to be fair and equitable.

If the alterations to the work or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. The term “significant change" shall be construed to apply only to the following circumstances:

A. When the character of the work as changed differs materially in kind or nature from that involved or included in the original proposed construction; or

B. When a major item of work as defined elsewhere in the contract is increased in excess of 125% or decreased below 75% of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125% of original contract item quantity, or in the case of a decrease below 75%, to the actual amount of work performed.

C. When the change affects work performed under a subcontract agreement approved by the City, adjustments will be made if prior to doing the work the prime Contractor can show the City that the initiated change adversely affected the subcontractor or the subcontractor's work or payment. No consideration will be given to customary increases/decreases in quantities necessary to complete the work that were changed by the Contractor's schedule of operations, by his or her planning of the work, or for unscheduled mobilizations. No consideration will be made after subcontractor work is completed and claims for additional compensation are received.

DIFFERING SITE CONDITIONS

During the progress of work, if subsurface or latent physical conditions differing materially from those indicated in the contract are encountered at the site or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site the party discovering such conditions shall promptly notify the other party in the contract in writing of the specific differing conditions before they are disturbed, or as soon as practicable thereafter, and before the affected work continues.

A. Upon written notification, the City shall, within a reasonable time, investigate the conditions. If the City determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment that excludes anticipated profits but includes cost of delays will be made, and the contract will be modified in writing accordingly.

B. In the event the Contractor fails to provide the written notification in a timely fashion and the City’s costs are increased as a result, the damage that could have been mitigated by timely notice will be calculated and the contract adjustment will be reduced accordingly.

MAINTENANCE OF TRAFFIC

The Contractor shall furnish, erect, and maintain barricades, warning signs, flaggers, and pilot cars in accordance with the MUTCD, the Traffic Control Plan, and the requirements of Division 700, Traffic Control Devices. Flaggers shall be provided with equipment and training pursuant to requirements of the MUTCD. The equipment used by the flaggers shall be kept clean and in good repair by the Contractor at the Contractor’s expense. The Contractor shall take all steps necessary to either keep the existing roadway open with a minimum of inconvenience to the traveling public or provide an approved alternate route.

The Contractor’s equipment shall enter and leave the traveled way only in the direction of public traffic. All movements on or across the traveled way shall be performed in a manner that will not endanger the traveling public.

The City will be responsible for snow removal on all sections of roadway open to the traveling public. The Contractor shall be responsible for snow removal as required for the protection of the work on all sections of the project not open to the traveling public.

The Contractor shall be liable and agrees to pay the City for additional costs and expenses incurred by the City in correcting the defect(s).

The Contractor shall provide ingress and egress to local businesses and residences for the duration of the contract. The Contractor shall advise and schedule access modifications with local business owners, residences, and the Engineer at least twenty-four (24) hours in advance.

FINAL CLEANUP

Before final acceptance, the roadway, all pit sites used by the Contractor, and all ground occupied or used by the Contractor in connection with the work shall be cleaned of all rubbish including but not limited to concrete and asphalt chunks, loose rock, excess

CITY OF RIO COMMUNITIES

materials, and temporary structures. All parts of the work shall be left in an acceptable condition. If appropriate arrangements have been made with private property owners, removal of equipment from private property shall not be required prior to final acceptance.

Borrow pits, surfacing pits, haul roads, and all ground occupied by the Contractor in connection with the work shall be revegetated in accordance with the requirements of NMDOT Standard Specifications for Highway and Bridge Construction Section 632.

Haul roads or other areas may be excepted from these requirements when a letter of intent from the landowner for future use has been accepted by the City.

C. Scope of Procurement This is an Invitation to Bid being conducted by the City of Rio Communities. The scope of the procurement consists of identifying one or more companies that can provide the products described herein. This procurement will result in the award of one definite quantity contract.

D. Procurement Manager The City of Rio Communities has designated a Procurement Officer who is responsible for this procurement and whose name, address, and telephone number are listed below.

Any inquiries or requests regarding this procurement should be submitted to the Chief Procurement Officer in writing. Bidders may contact ONLY the Chief Procurement Officer regarding the procurement. Other City employees do not have the authority to respond on behalf of the City of Rio Communities:

Roy Hubbard

Finance Officer, CPO Phone : 505.861.6803

E-mail : rhubbard@riocommunities.net

Delivery Address:

360 Rio Communities

Blvd. Rio Communities, NM

87002

Electronic Submittal of Bid:

https://www.bidnetdirect.com/new-mexico/cityofriocommunities

Mailing Address:

360 Rio Communities

Blvd. Rio Communities, NM

87002

NOTE: All deliveries via express carrier (INCLUDING BID DELIVERY) should be addressed to Roy Hubbard’s Delivery Address, above.

E. Definition of Terminology

This section contains definitions that are used throughout this procurement document, including appropriate abbreviations.

“ Bidder” Is a construction contractor with a valid New Mexico contractor license and is registered with the New Mexico Department of Workforce solutions.

CITY OF RIO COMMUNITIES

INVITATION TO BID. 2025-0001

“Bid Bond” Bid security shall be required of bidders or offerors for construction contracts when the price is estimated by the procurement officer to exceed twenty-five thousand dollars ($25,000). Bid security in an amount equal to at least five percent 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, or otherwise supplied in a form satisfactory to the City. The bid bond will need to be submitted with your bid. (13-1-146

NMSA1978)

"Close of Business" means 5:00 P.M. Mountain Standard Time (MST) or Mountain Daylight Time (MDT), whichever is in effect on the date specified.

"Contract" or “Agreement” means a written agreement for the procurement of items of tangible personal property or services.

"Contractor" means a successful Bidder who enters into a binding contract.

"City" means the City of Rio Communities, State of New Mexico.

"Determination" means the written documentation of a decision of the procurement manager including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

“Desirable" refers to the terms "may", "can", "should", "preferably" or "prefers" which identify a desirable or discretionary item or factor. (As opposed to a “mandatory” item or factor.)

"Finalist" is defined as a Bidder who meets all the mandatory specifications of this Invitation to Bid.

“Governing Body” means the elected board in whom all powers of the City are vested and who are responsible for the proper and efficient administration of City government.

“ITB” Invitation To Bid

"Local public body" means every political subdivision of the State of New Mexico and the agencies, instrumentalities, and institutions thereof, including two-year post-secondary educational institutions, school districts and local school boards and municipalities.

"Mandatory" refers to the terms "must", "shall", "will", "is required" or "are required" which identify a mandatory item or factor. (As opposed to a “desirable” item or factor.)

Failure to meet a mandatory item or factor may result in the rejection of the Bidders bid.

“MT” Mountain Time "Bidder" is any person, corporation, or partnership who chooses to submit a bid.

“Payment and Performance Bonds” A Performance and Payment, upon execution of a contract by the prime contractor for a project, satisfactory to the City, executed by a surety company authorized to do business in New Mexico and said surety to be approved

CITY OF RIO COMMUNITIES

in federal circular 570 as published by the United States treasury department or the state board of finance or the local governing authority, in an amount equal to one hundred percent (100%) of the price specified in the contract. The prime Contractor will deliver AIA Document 312-2010 performance and payment bonds in the name of the City of Rio Communities at contract execution. {13-4-18 NMSA 1978)

"Procurement Manager" or “PM” means the person or designee authorized by the City to manage or administer a procurement.

"Procuring agency of the City" means the department or other subdivision of the City of Rio Communities that is requesting the procurement of services or items of tangible personal property.

"Purchase Order” or "PO" means the document which directs a contractor to deliver items of tangible personal property or services pursuant to an existing, valid contract.

"Purchasing” means the City of Rio Communities Purchasing Office or the City of Rio Communities Purchasing Agent.

"Purchasing Agent" or "PA" means the Purchasing Agent for the City of Rio Communities.

"Responsible Bidder" means a Bidder who submits a responsive bid and who has furnished required information and data to prove that their financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services or items of tangible personal property called for in this bid.

"Responsive Bid" means a bid which conforms in all material respects to the requirements set forth in the invitation to bid. Material respects of a request for bids include, but are not limited to, price, quality, quantity, and delivery requirements.

“Statement of Compliance” and “Statement of Concurrence” mean an express statement, by the Bidder in their bid, that they agree with and agree to the stated requirement(s).

Possible examples of acceptable responses include “The [NAME HERE Company] agrees to comply with this requirement.” and “The [NAME HERE Company] concurs with this requirement.”

F. Resident/Veteran Business Preference

1. Resident Business Preference

New Mexico resident businesses who wish to obtain either a resident business preference or a resident contractor preference must first apply for and obtain certification from the New Mexico Taxation and Revenue Department (TRD). As long as a business initially meets and continues to meet the necessary requirements, a certification issued by TRD is valid for three years from the date of issuance.

CITY OF RIO COMMUNITIES

A business that has been certified by TRD may obtain a bidding preference when participating in a formal bid process or formal request for proposal process for the sale of goods or services to a New Mexico state or local public body.

Under state law, in-state business-owned companies and contractors will receive:

• Eight percent of the total weight of all the factors used in evaluating the proposals; and

• The equivalent of eight percent of total points if the state contract is awarded on a point-based system.

2. Resident Veterans Preference

New Mexico veteran-owned businesses who wish to obtain either a resident veteran business preference or a resident veteran contractor preference must first apply for and obtain certification from the New Mexico Taxation and Revenue Department (TRD). As long as a business initially meets and continues to meet the necessary requirements, a certification issued by TRD is valid for three years from the date of issuance.

A business that has been certified by TRD may obtain a bidding preference when participating in a formal bid process or formal request for proposal process for the sale of goods or services to a New Mexico state or local public body.

Under state law, in-state veteran-owned companies and contractors will receive:

• Ten percent of the total weight of all the factors used in evaluating the proposals; and

• The equivalent of ten percent of total points if the state contract is awarded on a point-based system.

3. Native American Resident Business Preference

Native American member-owned resident business or nation, tribe, or pueblo-owned resident businesses who wish to obtain a bidding advantage on state contracts are required to obtain a valid Native American resident business, Native American resident veteran business, Native American resident contractor, or Native American resident veteran contractor certificate issued by the State Taxation and Revenue Department.

Under the law, Native American-owned companies will receive:

• Residential Business or Contractor -o Eight percent of the total weight of all the factors used in evaluating the proposals; and o The equivalent of eight percent of total points if the state contract is awarded on a point-based system.

CITY OF RIO COMMUNITIES

• Veteran Business or Contractor o Ten percent of the total weight of all the factors used in evaluating the proposals; and o The equivalent of ten percent of total points if the state contract is awarded on a point-based system

In order for a Bidder to receive preference as a resident business or resident contractor, the Bidder must submit a copy of their resident business preference certificate with their bid. The preference certificate must have been issued by the New Mexico Taxation and Revenue Department. Providing only a preference number or a copy of the application is not acceptable.

For more information and application forms for business or contractor preference, go to: https://www.tax.newmexico.gov/businesses/in-state-veteran-preference-certification/.

G. Procurement Library

The Procurement Library consists of the following documents which may be accessed by their associated Internet links:

- New Mexico Procurement Code Article 1 1 Procurement-https://nmonesource.com/nmos/nmsa/en/item/4378/index.do

New Mexico Procurement Code Article 4 Public Works Contracts https://nmonesource.com/nmos/nmsa/en/item/4378/index.do

- City of Rio Communities Procurement Policy: 2015-52 https://www.riocommunities.net/sites/default/files/fileattachments/finance/page/4342/city _of_rio_communities_procurement_policy_manual.pdf

- New Mexico Veterans/In-State Preference https://www.tax.newmexico.gov/businesses/in-state-veteran-preference-certification/

- City of Rio Communities Procurement Forms www.bidnetdirect.com//cityofriocommunities

- City of Rio Communities Bid Documents www.bidnetdirect.com//cityofriocommunities

CITY OF RIO COMMUNITIES

INVITATION TO BID. 2025-0001

https://www.tax.newmexico.gov/businesses/in-state-veteran-preference-certification/ https://www.tax.newmexico.gov/businesses/in-state-veteran-preference-certification/ https://nmonesource.com/nmos/nmsa/en/item/4378/index.do https://nmonesource.com/nmos/nmsa/en/item/4378/index.do https://www.riocommunities.net/sites/default/files/fileattachments/finance/page/4342/city_of_rio_communities_procurement_policy_manual.pdf https://www.riocommunities.net/sites/default/files/fileattachments/finance/page/4342/city_of_rio_communities_procurement_policy_manual.pdf https://www.tax.newmexico.gov/businesses/in-state-veteran-preference-certification/ https://www.riocommunities.net/finance/page/procurement

II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the ITB contains the schedule for the procurement, describes the major procurement events and contains the general requirements governing the procurement.

A. SEQUENCE OF EVENTS

The Procurement Manager will make every effort to adhere to the following schedule:

ACTION RESPONSIBILITY DATE

1. Issue ITB Procurement

Manager (PM) Thursday, February 20, 2025 and will be available online at www.bidnetdirect.com//cityofriocommunities

2. Pre-Bid Conference (In Person)

PM, PB Thursday, 27, 2025 at 11:00 AM (MT) in Conference Room A located at the City of Rio Communities Administrative Office, 360 Rio Communities Blvd., Rio Communities, New Mexico.

3. Deadline to Submit Additional Questions

PB Tuesday, March 4, 2025 at 1:00 PM (MT).

All question(s) are to be submitted through

Bidnet.

4. Response to Written Questions/ Amendments

PM Thursday, March 6, 2025

5.

Submission of Sealed Bids and Bid Bond

Bidders Tuesday, March 11, 2025 at 1:00 PM (MT) City of Rio Communities Administrative Office, 360 Rio Communities Blvd., Rio Communities, New Mexico.

6. Public Opening

Purchasing, Bidders, General Public

Tuesday, March 11, 2025 at 1:00 PM (MT) in Conference Room A located at the City of Rio Communities Administrative Office, 360 Rio Communities Blvd., Rio Communities, New Mexico.

7. Bid Tabulation

Purchasing Wednesday, March 12, 2025

8. Contract Award*

Purchasing Officer, Governing Body

Thursday, March 13, 2025

9. Protest Deadline

Bidders Friday, March 28, 2025 at 3 pm (MT)

*Contract award is subject to approval of the Governing Body.

INVITATION TO BID. 2025-0001

http://www.bidnetdirect.com/cityofriocommunities

B. EXPLANATION OF EVENTS

The following paragraphs further detail the activities listed in the sequence of events shown in Section II, Paragraph A.

1. Issue ITB

This ITB is being issued by the Procurement Manager on behalf of the City of Rio Communities and the City of Rio Communities Governing Body. The bid can be accessed online at www.bidnetdirect.com//cityofriocommunities. Bidders must register to view bidding documents.

2. Bid Intent

Potential Bidders should register on www.bidnetdirect.com//cityofriocommunities to view bidding documents and must submit a Bid Intent on said website.

3. Pre-Bid Conference

A Pre-Bid Conference will be held for this bid on the date and time indicated in Section H.1.2 (Sequence of Events), above. The Pre-Bid Conference will be conducted in Conference Room A located at the City of Rio Communities Administrative Office, 360 Rio Communities Blvd., Rio Communities, New Mexico.

4. Deadline to submit additional written questions.

Potential Bidders may submit additional written questions as to the intent or clarity of this ITB until close of business on the date indicated in H.1.3 (Sequence of Events), above. All written questions must be asked through www.bidnetdirect.com//cityofriocommunities .

5. Response to written questions/ITB Amendments

Written responses to written questions and any ITB amendments will be posted to the procurement website at www.bidnetdirect.com//cityofriocommunities. on the date indicated in H.1.4 (Sequence of Events), above.

6. Submission of Bids

BIDS MUST BE RECEIVED BY THE PROCUREMENT MANAGER OR

DESIGNEE NO LATER THAN 1:00 PM MDT ON THE DATE

INDICATED IN H.1.5 (SEQUENCE OF EVENTS), above. BIDS RECEIVED

AFTER THIS DEADLINE FOR ANY REASON WILL NOT BE

ACCEPTED OR CONSIDERED.

Bids must be hand delivered to on the date indicated in H.1.5 (Sequence of Events), above.:

CITY OF RIO COMMUNITIES

INVITATION TO BID. 2025-0001

http://www.bidnetdirect.com/cityofriocommunities https://www.riocommunities.net/finance/page/procurement

City of Rio Communities Chief Procurement Officer 360 Rio Communities Blvd., Rio Communities, NM 87002

OR

Electronic Submission: Bidnet Direct www.bidnetdirect.com//cityofriocommunities The date and time of receipt will be recorded on each physical bid. Bids must be addressed and delivered to the Procurement Manager at the delivery address listed in H.1.5 (Sequence of Events) above. Bids must be sealed and should be labeled on the outside of the package to clearly indicate that they are in response to the “GOODMAN AVENUE RECONSTRUCTION PROJECT,” should reference “ITB# 2025-0001” and should indicate the deadline for receipt (due date and time.) Bids may be submitted electronically on www.bidnetdirect.com//cityofriocommunities.

BIDS SUBMITTED BY FACSIMILE WILL NOT BE ACCEPTED.

7. Public Opening

All bids timely received will be opened and read aloud in a public forum, on the date and time indicated in in H.1.6 (Sequence of Events) above., per NMSA 1978, Section 13-1-107 (1984).

At the bid opening, the amount of each bid and each bid item, if appropriate, and such other relevant information as may be specified by the Purchasing Agent, together with the name of each bidder, will be recorded, and the record and each bid will be open to public inspection.

If you are an individual with a disability and you require accommodations such as a hearing interpreter to attend our Public Bid Opening, please contact the Procurement Manager (at least seven (7) days prior to the scheduled bid opening at:

City of Rio Communities Purchasing Attn: Roy Hubbard Finance Officer, CPO Phone : 505.861.6803 E-mail : rhubbard@riocommunities.net

Bid Opening - ITB #2025-0001 - GOODMAN AVENUE RECONSTRUCTION

PROJECT

Tuesday, March 11, 2025 at 1:00 PM (MT) in Conference Room A located at the City of Rio Communities Administrative Office, 360 Rio Communities Blvd., Rio Communities, New Mexico.

8. Bid Tabulation

After the public opening, the bids will be assessed for responsiveness. Responsive bids will be tabulated (price compared) to identify the lowest price(s) submitted.

During this time, the Procurement Manager may, at his or her option, initiate discussions with Bidders for the purpose of clarifying aspects of the bids, but bids

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may be accepted and considered without such discussion. Discussions SHALL NOT be initiated by the Bidders.

9. Contract Award

The Purchasing Agent anticipates contract award and the date indicated in H.1.8 (Sequence of Events), above. This date is subject to change at the discretion of the Purchasing Agent or the Governing Body.

10. Protest Deadline

Any protest by a Bidder must be timely, in conformance with, and will be governed by Sections 13-1-172 through 13-1-176 NMSA 1978 and City of Rio Communities Procurement Policy #2015-52, Section 24. The fifteen (15) day protest period for timely Bidders shall begin on the day following contract award and will end at 5:00 PM MDT n the date indicated in H.1.8 (Sequence of Events), above. Any and all protests shall be made in accordance with the City Rio Communities Protest Policy, starting at Section 24.0 of the City of Rio Communities Procurement Policy #2015-52. Protests must be written and must include the name and address of the protestor and the Invitation to Bid number. It must also contain a statement of grounds for protest including appropriate supporting exhibits, and it must specify the ruling requested from the Purchasing Agent. The protest must be delivered to the Purchasing Agent.

City of Rio Communities Purchasing

Attn: Roy Hubbard Finance Officer, CPO Phone : 505.861.6803

E-mail : rhubbard@riocommunities.net

NOTE: Protests received after the deadline will not be accepted.

C. GENERAL REQUIREMENTS

This procurement will be conducted in accordance with the New Mexico Procurement Code 13-1-28 to 13-1-199, Public Works Contracts 13-4-1 to 13-4-43 NMSA 1978, and City of Rio Communities Procurement Policy #2015-52.

1. Acceptance of Conditions Governing the Procurement

Bidders must indicate their acceptance of the Conditions Governing the Procurement in the letter of transmittal form (see Appendix C). Submission of a bid constitutes acceptance of the Terms and Conditions contained herein.

2. Incurring Cost

Any cost incurred by the Bidder in preparation, transmittal, presentation of any bid or material or negotiation associated with their response to this ITB shall be borne solely by the bidder.

3. Contractor Public Works Registration Requirement

As defined in Public Works Minimum Wage Act 13-4-13.1 NMSA 1978. In order to respond to a request for proposals or to be considered for award of any portion of a public works project greater than Sixty Thousand Dollars ($60,000) for a public works project that is subject to the Public Works Minimum Wage Act [13-4-10 to 13-4-17, NMSA 1978], the Contractor, serving as a prime Contractor or not, shall be registered with the New Mexico Department of Workforce Solutions. The State, or any political subdivision of the State, shall not accept a bid on a public works project subject to the Public Works Minimum Wage Act from a prime Contractor that does not provide proof of required registration for itself. Contractors and subcontractors may register with the New Mexico Department of Workforce Solutions on a form provided by the division and in accordance with the Department of Workforce Solutions department rules. Bidder will need to provide of registration at Bid submittal.

4. Public Works Project Requirements

a. A Public Works project valued at more than $60,000 in the state of New

Mexico must have a New Mexico Wage Rate Decision.

b. A Prime Contractor and Subcontractor must have a current registration with New Mexico Department of Work Force Solutions.

c. Prime Contractor must pay at the minimum, its subcontractors state wage rates.

5. Prime Contractor Responsibility

Any contract that may result from this ITB shall specify that the prime contractor is solely responsible for fulfillment of the contract with the City. The City will only make contract payments to the prime contractor.

6. Subcontractors Any subcontractor shall provide a performance and payment bond on a public works building project if the subcontractor's contract for work to be performed on a project is one hundred twenty-five thousand dollars ($125,000) or more. The prime contractor will need to provide proof of bonds to the City.(13-1-148.1 NMSA 1978)

7. Amended Bids

A Bidder may submit an amended bid before the deadline for receipt of bids. Such amended bids must be complete replacements for a previously submitted bid and must be clearly identified as such in the transmittal letter. City personnel will not merge, collate, or assemble bid materials.

8. Bidders’ Rights to Withdraw Bid

Bidders will be allowed to withdraw their bids at any time prior to the deadline for receipt of bids. The Bidder must submit a written withdrawal request signed by the Bidder's duly authorized representative addressed to the Procurement Manager. The approval or denial of withdrawal requests received after the deadline for receipt of the bids is governed by the applicable procurement regulations. A low Bidder alleging a material mistake of fact after bids have been opened may be permitted to withdraw the bid upon written request prior to award at the discretion of the City.

9. Bid Offer Firm

Responses to this ITB, including bid prices, will be considered firm for ninety (90) days after the due date for receipt of bids. With the submission of the bid, bidders agree to the contract contained in this ITB.

10. No Obligation

This procurement in no manner obligates City of Rio Communities or any of its departments or other subdivisions to the eventual lease, purchase, etc., of any tangible personal property offered or services proposed until a valid written contract is approved by the Purchasing Agent and other required approval authorities and one or more valid Purchase Orders are issued.

11. Termination

This ITB may be canceled at any time and any and all bids may be rejected in whole or in part when the City determines such action to be in the best interest of the City.

12. Sufficient Appropriation

Any contract awarded as a result of this ITB process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be affected by sending written notice to the contractor. The City's decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

13. Legal Review

The City requires that all bidders agree to be bound by the General Requirements contained in this ITB. Any bidder’s concerns must be promptly brought to the attention of the Procurement Manager.

14. Governing Law

This procurement and any agreement with bidders that may result shall be governed by the laws of the State of New Mexico.

15. Basis for Bid

Only information supplied by the City in writing through the Procurement Manager or in this ITB should be used as the basis for the preparation of bids.

16. Contract Terms and Conditions

The contract between the City and the contractor will follow the format specified by the City and contain the terms and conditions set forth in Appendix I, Purchase Agreement.

17. Bidder Qualifications

The City may make such investigations as necessary to determine the ability of the Bidder to adhere to the requirements specified within this ITB. The City will reject the bid of any Bidder who is not a responsible Bidder or fails to submit a responsive bid as defined in Sections 13-1-82 and 13-1-84 NMSA 1978.

Bidders must, upon request of the City, provide information and data to prove that the financial resources, production or service facilities, service reputation and experience are adequate to make satisfactory delivery of the materials and/or services. The City reserves the right to require a Bidder to furnish a Performance Bond prior to award, where the Bidder is unable to furnish the required information or data, or for other reasons which would insure proper performance by the Bidder.

18. Right to Waive Minor Irregularities

The City reserves the right to waive minor irregularities. The City also reserves the right to waive mandatory requirement(s) provided that all of the otherwise responsive bids failed to meet the same mandatory requirement(s) or doing so does not otherwise materially affect the procurement.

19. Change in Contractor Representatives

The City reserves the right to require a change in Contractor representatives if the assigned representatives are not, in the opinion of the City, meeting its needs adequately.

20. Notice

The Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil and misdemeanor criminal penalties for its violation. The State of New Mexico criminal statutes also impose felony penalties for bribes, gratuities, and kickbacks.

21. City Rights

The City reserves the right to accept all or a portion of a Bidder’s bid and to award to the Bidder whose bid is deemed to be in the best interest of the City. In the alternative, the City Reserves the right to deny any and all bids if necessary.

CITY OF RIO COMMUNITIES

22. Ownership of Bids

All documents submitted in response to the ITB shall become the property of the City. However, any technical or user documentation submitted with the bids of non-selected Bidders may be returned after the expiration of the protest period, by request, at the expense of the Bidder.

23. Ambiguity, Inconsistency or Errors in ITB

Bidders shall promptly notify the Procurement Manager, in writing, of any ambiguity, inconsistency or error which they discover upon examination of the ITB.

24. Competition

By submitting a bid, Bidder certifies that they have not, either directly or indirectly, entered into any action in restraint of full competition in connection with the bid submitted to the City.

25. Use by Other Government Entities

Not applicable.

26. Confidentiality

Any confidential information provided to, or developed by, the contractor in the performance of any Agreement resulting from this ITB shall be kept confidential and shall not be made available to any individual or organization by the contractor without the prior written approval of the City of Rio Communities.

27. Delivery & Failure to Meet Order Provisions

a. No Delivery before Purchase Order is Issued: No Bidder, including a Bidder to whom an award is made, shall deliver any item of tangible personal property, commence services or start construction prior to the issuance of a Purchase Order or Notice to Proceed issued by the City of Rio Communities Purchasing Department.

b. Failure to Meet Order Provisions: The City reserves the right to cancel all or any part of an order without cost to the City, if the Contractor fails to meet the provisions of that order and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the City due to the Contractor's default.

28. Discounts

The Bid Form provides a space for the Bidder to identify prompt payment terms the Bidder is offering, if any. Prompt payment discounts will not be considered in computing the low bid. Discounts for payment within twenty (20) days will be considered after the award of the Contract. Discounted time will be computed from

CITY OF RIO COMMUNITIES

the date of receipt of the merchandise, invoice, or billing for services, whichever is later.

29. City Furnished Property

City furnished property shall be returned to the City upon request in the same condition as received except for ordinary wear, tear and modifications ordered hereunder.

30. Packing, Shipping, & Invoicing

a. The City’s Purchasing Order number and the Contractor's name, user's name and location shall be shown on each packing and delivery ticket, package, bill of lading and other correspondence in connection with the shipments. The user's count will be accepted by the Contractor as final and conclusive on all shipments not accompanied by a packing list.

b. The Contractor's invoice shall be submitted and shall contain the following information: order number, description of supplies or services, quantities, unit price and extended totals. Separate invoices shall be rendered for each and every complete shipment.

c. Invoices must be submitted to the City of Rio Communities Accounts Payable Office and NOT to the using agency.

31. Electronic mail address required

A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail). Bidder must have a valid e-mail address to receive this correspondence.

32. Use of Electronic Versions of this ITB

This ITB is being made available by electronic means. If accepted by such means, the Bidder acknowledges and accepts full responsibility to ensure that no changes are made to the ITB. In the event of conflict between a version of the ITB in the Bidder’s possession and the version maintained by the City, the version maintained by the City shall govern.

33. Award Rights

The City reserves the right to award this Invitation to Bid to the lowest overall cost (including option items) on an all or no basis.

34. Delivery

All deliveries must be F.O.B. Destination – Freight Pre-Paid, unless otherwise indicated by the Procurement Officer.

35. Addenda

Changes or amendments to specifications, conditions or provisions herein may be initiated ONLY through the Purchasing Department in the form of a written addendum. Any addenda shall become a part of this bid.

It is the responsibility of all persons or businesses considering submitting a bid in response to this solicitation to ensure that they have received all addenda prior to making a bid. Addenda will be posted to the City’s Procurement website at www.bidnetdirect.com//cityofriocommunities prior to the due date for the receipt of bids.

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III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

Bidder’s may submit only one (1) response to this ITB.

B. NUMBER OF COPIES

Bidders shall deliver one (1) signed and sealed bid to the location specified in Section H.1. on or before the closing date and time for receipt of bids. or the bidder may submit an electronic bid at www.bidnetdirect.com//cityofriocommunities.

C. BID CONTENTS

All bids MUST contain the following items (failure to do so may result in your bid being deemed non-responsive):

a. COMPLETED AND SIGNED Bid Form (Appendix B)

b. COMPLETED AND SIGNED Letter of Transmittal Form (Appendix C)

c. COMPLETED AND SIGNED Campaign Disclosure Form (Appendix D)

d. COPY OF Contractors License(s)

e. COMPLETED Bidder Contractor License Information Form (Appendix K)

f. COPY OF New Mexico Department of Workforce Solutions Contractor Registration

Bids MAY contain the following OPTIONAL items:

a. Resident Business or Contractor Preference State of New Mexico Certificate (See Section I.F.3.)

b. Resident Veterans or Contractor Preference State of New Mexico Certificate (See Section I.F.3.)

c. Native American Resident Business, Contractor, or Veteran Preference State of New

Mexico(See section I.F.3)

Failure of Bidder to complete & submit required bidding documents, in accordance with all instruction provided, is cause for rejection of their bid (A Bid Submittal Checklist is provided at Appendix F to assist Bidders in insuring they are submitting a complete and proper bid).

D. BID FORMAT

a. To preclude any errors or misrepresentations, bid prices must be affixed legibly in ink or typewritten. Corrections or changes must be signed or initialized by Bidder prior to the scheduled bid opening. Failure to comply will be just cause for rejection of the bid.

b. The unit price(s) shall exclude all state and local taxes.

E. BID SUBMITTAL REQUIREMENTS

Bids must be submitted in a sealed envelope. The bid title, the bid number and the opening date and time should be clearly indicated on the bottom left-hand side of the front of the envelope. The Bidder’s name shall also appear on the envelope. Failure to properly label the bid envelope may necessitate the premature opening of the bid in order to identify the bid number. If the bidder chooses not to submit a physical bid, an electronic bid may be submitted at www.bidnetdirect.com//cityofriocommunities.

IV. SPECIFICATIONS AND REQUIREMENTS

This section details the minimum requirements and specifications for products or services sought by the City. It also provides information on the City’s use and intent in providing the specifications, as well as instructions for potential Bidders that may not feel the specifications are fair, achievable or are otherwise unacceptable.

A. INFORMATION

1. Restrictive Specifications

Specifications stated in this request are not intended to exclude any Bidder. If any Bidder is of the opinion that the specifications as written preclude them from submitting a proposal on this bid, it is requested that their opinion be made known to the Chief Procurement Officer, in writing, at least seven (7) days prior to the bid opening date.

2. Use of Brand Names and Numbers

Brand names and numbers are for reference only; equivalents will be considered.

Where a brand name or equal is indicated, it is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. "No substitute" specifications may be authorized ONLY if required to match existing equipment.

3. Equivalent Items Bid

If the Bidder offers an item other than the one specified, which the Bidder considers comparable, the manufacturer’s name and model number of that item must be

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specified in the bid and sufficient performance specifications and descriptive data provided to permit a thorough evaluation. Failure to provide the appropriate information may result in disqualification of the bid.

4. Special Conditions

Attention is particularly called to those parts of the Contract Documents and Specifications which deal with the following:

a. Specifications & requirements;

b. Inspections & testing;

c. Insurance requirements; and

5. Response to Requirements

Each mandatory requirement in Sections IV.D.1 through IV.D.5,…