3-RFB-44-26-DC CS for LV Tijeras Creek Pedestrian Bridge Construction Bidding Document FINAL signed.pdf

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Attached to
Construction Services for Los Vecinos Tijeras Creek Pedestrian Bridge
Solicitation number
RFB 44-26-DC
Issued by
Bernalillo County, New Mexico

About this file

This is a bidding document and construction contract specification for Bernalillo County Public Works Division in Albuquerque, New Mexico, for the Los Vecinos Tijeras Creek Pedestrian Bridge project. The project involves construction and installation of a new single span pedestrian bridge with foundations and prefabricated superstructure, including bank protection tie-ins to creek restoration infrastructure, lighting, electrical connections to existing power supply, trail approach surfaces, and railings located in Tijeras, New Mexico between Roosevelt Middle School and Los Vecinos Community Center. The contract includes 13 bid items ranging from prefabricated bridge installation (lump sum) to concrete work, excavation, riprap placement, sidewalk construction, lighting, bollards, asphalt removal, and seeding. A non-mandatory pre-bid conference was scheduled for April 10, 2026 at 2:00 p.m. via Microsoft Teams. Sealed bids were due electronically through the Bonfire eProcurement system by April 22, 2026 at 2:00 p.m. local time, with a bid opening conducted via Microsoft Teams. The contract award was anticipated within 90 days of bid opening, with notice to proceed potentially delayed up to 120 days. The project completion timeline is 255 calendar days from the date of notice to proceed, with liquidated damages assessed at $2,000 per day for delays beyond the specified completion date.

Bidders must be licensed contractors in New Mexico and must submit bid security equal to five percent of total bid amount. The successful contractor must furnish performance and labor/material payment bonds each at 100 percent of contract price, along with a $15,000 barricading bond and proof of commercial general liability and workers compensation insurance. Prevailing wage rates apply per New Mexico Department of Workforce Solutions wage decision BE-26-0881-A, effective January 1, 2026, with various trade classifications specified. Bidders may qualify for state preferences (5 percent for resident contractors, 10 percent for resident veteran contractors) or county preferences (5 percent for local businesses, small businesses, or pay equity businesses) not to exceed 15 percent total. Contractors and subcontractors with contracts exceeding $60,000 must register with the New Mexico Department of Workforce Solutions prior to bid submittal. Bernalillo County will pay applicable gross receipts taxes separately from the base bid. The estimated total project cost is $1,500,000.00 with no federal funding involved. Payment terms require county payment within 21 days of receipt of undisputed payment requests, with contractors required to pay subcontractors and suppliers within seven days of payment receipt.

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BERNALILLO COUNTY

CONSTRUCTION CONTRACT BID SPECIFICATIONS

LOS VECINOS TIJERAS CREEK PEDESTRIAN BRIDGE

BID NO. 44-26-DC

Bernalillo County Public Works Division Technical Services Department

Damian Luna, P.E., Senior Project Engineer 2400 Broadway S.E.

Albuquerque, NM 87102 Phone: 505-640-6375

Fax: 505-848-1510

Bohannan Huston, Inc.

Courtyard II

7500 Jefferson St. NE Albuquerque, NM 87109-4335

Phone: (505) 823-1000 Fax: (505) 798-7988

Engineer of Record: James Clayshulte, P.E.

jclayshulte@bhinc.com

The technical material and data contained in these Specifications were prepared under the supervision and direction of the undersigned, whose seal as a Professional Engineer, licensed to practice in the State of New Mexico, is affixed below.

23556 License No.

23556

NEW MEX ICO

3/26/2026 mailto:jclayshulte@bhinc.com

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CONSTRUCTION CONTRACT BID SPECIFICATIONS

TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

1 ADVERTISEMENT FOR BID 1-3 to 1-4

2 INSTRUCTIONS TO BIDDERS 2-1 to 2-10

3 MINIMUM WAGE RATES 3-1 to 3-2

4 UNIT PRICE BID

1. Bid

2. Bid Response-Notice to Bidders

3. Unit Price Bid

4. Subcontractors

5. Subcontractors (New Mexico Department of Workforce

Solutions)

6. Addenda

7. Bid Period

8. Contract Award

9. Execution of Contract Documents

10. Bid Security

11. Declaration of Interests

12. Affirmative Action/Equal Employment Opportunity &

Nondiscrimination

13. Disadvantaged Business Enterprises

14. Request for Qualifications

Bid Security Equal Employment Opportunity Certification of Nondiscrimination

4-1 to 4-14

Non-Collusion Affidavit of Prime Bidder

Report on Uncompleted Projects in Force Unfair Business Practices Disclosure Resident Veterans Preference Certification

5 REQUIREMENTS AND REQUIRED FORMS

Bonding & Insurance Requirements Performance Bond Labor and Material Payment Bond Contractor’s Barricading Bond Contractor’s Public Liability Insurance

5-1 to 5-9

6 AGREEMENT 6-1 to 6-2

7 COUNTY SPECIAL PROVISIONS 7-1 to 7-17

8 NOT USED 8-1 to 8-2

9 NOT USED 9-1

10 COUNTY TECHNICAL PROVISIONS 10-1 to 10-6

11 DRAWINGS (Under Separate Cover) 11-1

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ADVERTISEMENT FOR BID

BERNALILLO COUNTY

SECTION 1

CONTRACTING AGENCY AND OWNER

BID NO. 44-26-DC

The Bernalillo County Procurement & Business Services Department on behalf of the Public Works Division Technical Services Department is currently requesting sealed bids from prospective bidders for Los Vecinos Tijeras Creek Pedestrian Bridge. This project will consist of construction and installation of a new single span pedestrian bridge including its foundations and prefabricated superstructure. The work will include bank protection tie ins to recently constructed creek restoration slope infrastructure. The bridge will include lighting and electrical tie in to existing power supply as well as trail approach surfaces and railings.

A non-mandatory pre-bid conference will be held on Friday, April 10, 2026 at 2:00 p.m., on MS Teams only To participate, join the meeting by phone or video, (Dial-in Number): 1-505- 225-7962 and conference ID: 663 298 44#, or by video https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting?rtc=1. Meeting ID: 214 639 744 423 74 Password:

8Zy6vK7q.

Sealed bids must be received no later than 2:00 p.m., local time, April 22, 2026, all bids shall be submitted electronically through the County’s eProcurement system Bonfire. A complete bid including all forms, attachments and exhibits shall be uploaded to the eProcurement system https://bernco.bonfirehub.com/portal/?tab=openOpportunities. Please allow a minimum of 24 hours to submit your bid. If you do not have a username and password, please register at https://bernco.bonfirehub.com/login as this is the only method to submit electronically on the Bonfire portal. For assistance, please contact support@gobonfire.com. Failure to submit your bid electronically through the County’s eProcurement system shall result in your bid being deemed nonresponsive.

There will be a bid opening by MS Teams only. If you are going to participate, join meeting by phone (Dial-in Number) 1-505-225-7962; Conference ID: 620 212 203# or by video https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting?rtc=1. Meeting ID: 273 576 837 397 74 Password: NE6rF3oh.

Bernalillo County reserves the right to issue addenda to the Specifications during the advertising period as provided in the Contract Documents. A distribution list of those who receive the RFB and all Addenda will be maintained throughout the procurement process and will become part of the procurement file.

Bidders shall be licensed as Contractors in the State of New Mexico at the time of Bid submittal and https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting?rtc=1 https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting?rtc=1 https://bernco.bonfirehub.com/portal/?tab=openOpportunities https://bernco.bonfirehub.com/login mailto:support@gobonfire.com https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting?rtc=1

1-1 must include their license number and Contractor classifications held in the prescribed place on the bid form.

All questions regarding the technical aspects or purchasing procedures of the bidding documents shall be submitted through the County’s eProcurement system Bonfire.

Questions regarding purchasing procedures shall be submitted to David Conkle, Purchasing Manager, Bernalillo County Procurement & Business Services Department, at (505) 364-3481, e-mail: dconkle@bernco.gov.

The last day for questions is close of business (5:00 pm local time) Wednesday, April 15 2026.

mailto:dconkle@bernco.gov

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SECTION 2

INSTRUCTIONS TO BIDDERS

CONTENTS

1. Specifications and Bidding Forms

2. Definition of Terms

3. Specifications, Fees and Taxes

4. Interpretation of Documents

5. Addenda

6. Examination of Specifications, Contract Documents, and Project Site

7. Submission of Bids

8. Bid Security

9. Modification and Withdrawal of Bids

10. Opening of Bids

11. Bid Consideration Time

12. Qualifications of Bidders

13. Power of the County

14. Subcontractors, Other Persons, Organizations

15. Award of Contract

16. Performance Bond and Labor and Material Payment Bond

17. Affirmative Action Program

18. Certification of Bidder Regarding Affirmative Action/Equal Employment Opportunity and

Nondiscrimination

19. Wage Rates

20. Utilities

21. Collusion

22. Safety Standards and Accident Prevention

23. Extension of Unit Prices

24. Protests

25. Applicable Laws and Regulations

26. Application of Preferences

27. Approval of Insurance

28. Utility Relocation Allowance

29. Code of Conduct

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SECTION 2

INSTRUCTIONS TO BIDDERS

1. SPECIFICATIONS AND BIDDING FORMS

Contract Documents, Construction Specifications and bidding forms may be obtained at the County’s eProcurement system Bonfire.

https://bernco.bonfirehub.com/portal/?tab=openOpportunities. If you do not have a username and password, please register at https://bernco.bonfirehub.com/login.

2. DEFINITION OF TERMS

For all purposes herein, the term "Contracting Agency" shall at all times refer to the Bernalillo County.

3. SPECIFICATIONS, FEES AND TAXES

a) Construction will be performed in conformance to the New Mexico Department of Transportation Standard Specifications for Highway and Bridge Construction, latest edition as amended. Copy available on-line at https://www.dot.nm.gov/infrastructure/plans-specifications-estimates-pse-bureau/standards/

b) Where referenced construction will be performed in conformance to the City of Albuquerque

Standard Specifications for Public Works Construction, MOST RECENT EDITION, including all updates. Copy is available on-line at https://www.cabq.gov/planning/development-reviewservices/design-review-construction-forms

c) Pursuant to Ordinance §2-363 Bidders are hereby notified that all Bids submitted are to exclude the applicable state gross receipts tax or applicable local option tax. Bernalillo County will pay the applicable tax including any increase in the applicable tax becoming effective after the date of the Contract. The applicable gross receipts tax or applicable local option tax will be shown as a separate amount on each billing or request for payment made under the Contract.

d) Permits and Licenses: Unless otherwise specified herein, the Contractor is responsible to obtain and pay for all permits and licenses required for this Project. No Notice to Proceed (NTP) shall be issued until all fees for permits and licenses specified herein or required for the Project have been paid in full and proof thereof has been submitted to and approved by the County. This requirement includes, but is not limited to, all permits and fees required by Bernalillo County Code Chapter 82, Section 82-6, the "Barricading and Traffic Control Devices Ordinance” and any local, state, federal, or other public or private entities’ fees for permits and/or licenses. These costs shall be included as Contractor’s overhead and will not be reimbursed. No allowances for the permits and licenses are included in the bid. The https://bernco.bonfirehub.com/portal/?tab=openOpportunities https://bernco.bonfirehub.com/login https://www.dot.nm.gov/infrastructure/plans-specifications-estimates-pse-bureau/standards/ https://www.dot.nm.gov/infrastructure/plans-specifications-estimates-pse-bureau/standards/ https://www.dot.nm.gov/infrastructure/plans-specifications-estimates-pse-bureau/standards/ https://www.cabq.gov/planning/development-

2-2 required permits and fees are listed below for information.

PERMIT/LICENSE FEE

• Bernalillo County Barricading Permit – Bernalillo County Public Works Will Pay

• Bernalillo County Paving Permit – Bernalillo County Public Works Will Pay

• Bernalillo County Grading Permit – Bernalillo County Public Works Will Pay

• Bernalillo County Excavation Permit – Bernalillo County Public Works Will Pay

• Bernalillo County Development Review Permits – Bernalillo County Public Works Will

Pay

• City of Albuquerque Air Quality Permit – Incidental to project, to be paid by Contractor.

4. INTERPRETATION OF DOCUMENTS

If any persons contemplating submitting a Bid for the Work are in doubt as to the meaning of any part of the Plans, Specifications or other Contract Documents, they may submit to the Engineer a written request for an interpretation thereof at any time prior to close of business (5:00 pm local time) on Wednesday, April 15, 2026. Any interpretation of the documents will be made only by addendum duly issued.

5. ADDENDA

Each addendum shall be a part of the Contract Documents to the same extent as though contained in the original documents and itemized listings thereof and all Bidders shall be bound by such addenda. On their Bid, each Bidder shall acknowledge receipt of each addendum.

6. EXAMINATION OF SPECIFICATIONS, CONTRACT DOCUMENTS, AND

PROJECT SITE

Each Bidder shall visit the site(s) of the proposed work, fully acquaint themselves with the existing conditions relating to the construction of the Project, fully inform themselves as to the facilities involved, and fully investigate the difficulties and restrictions attending the performance of the Contract. Each Bidder shall thoroughly examine and familiarize themselves with the Plans, Specifications, and all other Contract Documents. The Contractor, by the execution of the Contract, shall not be relieved of any obligations thereunder due to their failure to receive or examine any form or legal instrument or to visit the site(s) and acquaint themselves with the conditions there existing. Bernalillo County will be justified in rejecting any claim based on facts which the Contractor should have noticed as a result of visiting the work site(s). NOTE: The location of all underground utilities is the responsibility of the Contractor. The Bidders shall familiarize themselves with federal, state and local laws, ordinances, rules and regulations and the Project site and local conditions and any other matters which would affect the construction and location of all underground utilities, performance of the Work and employment of labor thereon.

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7. SUBMISSION OF BIDS

All bids shall be submitted electronically through the County’s eProcurement system Bonfire. Bid submittals, which are part of these Contract Documents as set forth in Section 4. Prices shall be filled in for all items in the Bid including alternates, as required in the Unit Price Bid sheets. Prices shall be shown in numerals typed in the spaces provided. Alterations to bid amounts by erasures or by interlineations shall be initialed by the signer of the Bid. All Bids shall be submitted and received with the understanding that the Bidder accepts the terms and conditions contained herein.

A complete bid including all forms, attachments and exhibits shall be uploaded to the eProcurement system https://bernco.bonfirehub.com/portal/?tab=openOpportunities.

Please allow a minimum of 24 hours to submit your bid. If you do not have a username and password, please register at https://bernco.bonfirehub.com/login as this is the only method to submit electronically on the Bonfire portal. For assistance, please contact support@gobonfire.com. Failure to submit your bid electronically through the County’s eProcurement system shall result in your bid being deemed nonresponsive.

8. BID SECURITY

Each Bid shall be accompanied by a bid security issued by a surety duly authorized to conduct business in the State of New Mexico, approved in Circular 570 as published by the U.S. Treasury Department, and acceptable to Bernalillo County in the amount of five percent (5%) of the total amount of the Bid. Bid security is submitted as a guaranty that the Bidder, if awarded the Contract, will promptly execute such Contract in accordance with the Bid and in the manner and form required by the Contract Documents and will furnish good and sufficient bond for the faithful performance of the same, and for the payment of all labor and materials. The bid security of the three (3) lowest Bidders will be retained until the Contract is awarded or other disposition is made thereof. Bids submitted without the required bid security will not be considered.

9. MODIFICATION AND WITHDRAWAL OF BIDS

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

10. OPENING OF BIDS

Bidders are invited to be present at the Bid Opening. The person reading the Bids will utilize the following procedure prior to reading the amount of the Bid:

a) Read name of Bidder and Bidder's New Mexico Contractor's License Number.

b) Acknowledge receipt of bid security.

c) Verify Bidder's acknowledgment of addenda.

d) Verify that List of Subcontractors is furnished.

e) Read the amount of the Bid.

https://bernco.bonfirehub.com/portal/?tab=openOpportunities https://bernco.bonfirehub.com/login mailto:support@gobonfire.com

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f) Determine whether other requirements have been met, if any.

11. BID CONSIDERATION TIME

Bernalillo County will require time to study and canvass each Bid and determine which Bid it deems to be in the best interest of Bernalillo County to accept. In consideration thereof, no Bid may be withdrawn after the scheduled closing time for receipt of bids for the period of time specified in the Bid.

12. QUALIFICATIONS OF BIDDERS

All Bidders must be currently licensed in the State of New Mexico for the type of work to be performed at the time of Bid submittals.

13. POWER OF THE COUNTY

Bernalillo County, New Mexico, reserves the right to accept any or all Bids and, unless otherwise specified by the Bidder, to accept any item in the Bid, to waive technicalities, to make any investigation deemed necessary of a Bidder's ability to perform the work covered by the Plans and Specifications and to accept what, in its judgment, is the best Bid. Without limiting the generality of the foregoing, any Bid which is incomplete, obscure, or irregular may be rejected;

any Bid having erasures or corrections in the price sheets may be rejected; any Bid in which unit prices are omitted, or which is accompanied by an insufficient bid security, may be rejected.

Bernalillo County also reserves the right to reject the Bid of a Bidder if any one or more of the following apply to a Bidder: previously failed to perform properly in any County or other governmental, quasi-governmental, or private construction project, including inferior materials, inferior workmanship, attempts to use substandard equipment, excessive inspection caused to Bernalillo County to insure good workmanship, used poor construction methods; failed to complete on time a Contract of similar nature; failed to complete work in a workmanlike manner; failed to promptly complete warranty work; failed to coordinate the work of Subcontractors and other persons on the job site; failed to properly coordinate inspections or supervision by Bernalillo County; failed to take appropriate directions from Bernalillo County;

made excessive requests for unjustified change orders; has unresolved disputes with Bernalillo County or outstanding litigation with Bernalillo County (not including protests or appeals from protests regarding current or prior jobs); or is not in a position to perform the work governed by the Contract. Bernalillo County reserves the right to review the qualifications of Bidders and will reject the Bid of any Bidders whose qualifications are considered inadequate for this Contract.

14. SUBCONTRACTORS, OTHER PERSONS, ORGANIZATIONS

The Contract Documents require the identity of Subcontractors and other persons and organizations to be submitted to Bernalillo County as shown on the Bid. All Bidders shall submit to Bernalillo County a list of all Subcontractors, including all technical professionals and testing laboratories, and shall complete the form set forth in Section 4, Paragraph 4. If requested by Bernalillo County, such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person, and organization. If Bernalillo

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County, after due investigation, has reasonable objection to any proposed Subcontractor, other person, or organization, Bernalillo County may, before giving the Notice of Award, request the apparent successful Bidder to submit an acceptable substitute without an increase in their Bid amount. If the apparent successful Bidder declines to make any such substitution, it will thereby sacrifice the Bid Security and withdraw from this Bid. Any Subcontractor, other person, or organization so listed and to whom Bernalillo County does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Bernalillo County.

Pursuant to Section 13-4-13.1, NMSA 1978, Contractors and Subcontractors awarded contracts in excess of $60,000 are required to register with the Labor and Industrial Division of the New Mexico Department of Workforce Solutions and obtain a registration number prior to Bid submittal. All tiers of Subcontractors shall be subject to the requirements of the Act. Failure to obtain a registration number prior to Bid submittal will deem the Bid non-responsive and the Bid will be rejected. Contractors are required to list their registration number on Page 4-7 as part of their Bid submittal. Failure to do so will deem the Bid non-responsive and the Bid will be rejected. Contractors are required to list their Subcontractor’s registration number on the Subcontractors’ Supplemental Form on Page 4-5 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.

15. AWARD OF CONTRACT

a) Bernalillo County reserves the right to reject any and all Bids and waive any and all informalities and irregularities, according to Sections 2-366 (c) and (d), of Bernalillo County Procurement Ordinance 2018-11, and the right to disregard all nonconforming or conditional Bids or counter proposals.

b) Subject to the terms and conditions specified herein, if a Contract is awarded, it will be awarded to the lowest responsive and responsible Bidder meeting qualifications on the Base Bid shown on the Bid, provided, however, that if the Bid is a Unit Price Bid and there is a discrepancy between the amount shown as the Base Bid and the actual total amount of the Bid Items determined by multiplying the Unit Price shown for each Bid Item by the Estimated Quantity shown for that Bid Item and adding each such amount, it will be awarded to the lowest responsive and responsible Bidder on the actual total amount of the Bid Items, excluding the New Mexico Gross Receipts Tax (NMGRT).

c) If the Contract is to be awarded, the Director of the Procurement & Business Services

Department or his/her designee will give the apparent successful Bidder a Notice of Award and notify unsuccessful bidders.

16. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

Prior to the execution of the Contract by the Bernalillo County Commission, the successful Contractor shall furnish separate surety bonds each in the amount of one

2-6 hundred percent (100%) of the total Contract price, including Gross Receipts Tax, as security for the faithful performance of the Contract and for the payment of all labor and materials. The sureties on such bonds shall be duly authorized to conduct business in the State of New Mexico, approved in Circular 570 as published by the U.S. Treasury Department, and acceptable to Bernalillo County. The cost for furnishing these bonds is incidental to the contract and no separate payment shall be made therefor.

17. AFFIRMATIVE ACTION PROGRAM

The Contractor shall comply with all applicable Affirmative Action/Equal Employment Opportunity and Nondiscrimination requirements contained herein.

In the event that a state and/or federal agency is providing funding for this Contract and has specific Affirmative Action/Equal Opportunity and Nondiscrimination requirements which are in conflict with these requirements, the specific state or federal requirements will govern.

18. CERTIFICATION OF BIDDER REGARDING AFFIRMATIVE ACTION/EQUAL

EMPLOYMENT OPPORTUNITY AND NONDISCRIMINATION

Each Bidder shall execute and submit the Certification of Bidder Regarding Affirmative Action/Equal Employment Opportunity and Nondiscrimination in the completed Bid.

19. WAGE RATES

The Bidder's attention is directed to the fact that wages to be paid on the Project shall not be less than the prevailing wage rates as listed in Section 3 herein.

20. UTILITIES

The Contractor shall make all provisions for supply of power, water and other utilities necessary for construction purposes. The Contractor shall be responsible for the coordination of all utilities.

21. COLLUSION

No Bidder shall be interested in more than one Bid. Collusion among Bidders or the submission of more than one Bid under different names by any firm or individual shall be cause for rejection of all Bids without consideration.

22. SAFETY STANDARDS AND ACCIDENT PREVENTION

With respect to all work performed under this Contract, the Contractor shall:

a) Comply with the safety standards provisions of applicable laws, building and construction codes, and the Manual of Accident Prevention in Construction, published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the

2-7 requirements of Title 29 of the Code of Federal Regulations, Section 1518 as published in the Federal Register, Volume 36, Number 75, Saturday April 17, 1971 as amended and updated.

b) Exercise every precaution at all times for the prevention of accidents and the protection of persons, including employees and property.

c) Maintain at the Contractor's Office or another well-known place at the job site, all articles necessary for giving first aid to the injured and shall make standing arrangements for the immediate removal to a hospital or a doctor's care. In no case shall employees be permitted to work at a job site unless and until the Contractor has made a standing arrangement for the immediate removal of injured persons to a hospital or a doctor’s care.

23. EXTENSION OF UNIT PRICES

In case of an error in the extension of prices in the bid, unit prices shall govern.

24. PROTESTS

In accordance with Section 2-385, of the Bernalillo County Ordinance 2018-11, any Offeror who is aggrieved in connection with a solicitation or award of an Agreement may protest to the Procurement & Business Services Director. The protest must be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest to:

Annie Baca, Director Procurement & Business Services Department 415 Silver Ave. SW Albuquerque, NM 87102

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.

25. APPLICABLE LAWS AND REGULATIONS

The Bidder's attention is directed to the fact that all applicable State Laws, Municipal Ordinances, and the rules and regulations of all authorities having jurisdiction over construction of this Project shall apply to the Contract throughout. They will be deemed to be included in the Contract the same as if set out in full herein.

26. APPLICATION OF PREFERENCES:

Pursuant to the requirements set forth in §2-367 and §13-4-2 NMSA 1978, preferences will be applied accordingly.

State preferences shall be applied as in accordance with the following:

Bidders must submit a valid preference certificate issued by the Taxation and Revenue

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Department. If the required preference certificate is submitted, the following preferences shall apply:

• Resident Contractor: bid shall be five percent lower than the bid actually received.

• Resident Veteran Contractor: bid shall be ten percent lower than the bid actually received.

• Bidders are not eligible to receive both a Resident Contractor preference and a

Resident Veteran Contractor preference.

County Preferences shall be applied as follows:

• A Local Business preference of 5% shall be applied to a qualified bid submitted in response to a competitive solicitation for the purchase of Tangible Personal Property, Services and Construction by a local business, that holds a valid Resident Business/Contractor certificate from the New Mexico Taxation and Revenue Department pursuant to Ordinance §2-367 and maintains its principal office and place of business in Bernalillo County, which is staffed and open to the public on a regular basis, subject to verification by the County.

If necessary, the Central Purchasing Office may seek additional information or proof to verify a local business eligibility for a local preference.

• A Small Business preference of 5% shall be applied to a qualified bid submitted in response to a competitive solicitation for the purchase of Tangible Personal Property, Services and Construction by a Small Business, defined as a Local Business which employs an average of fewer than fifty (50) full-time employees in a calendar year, which number shall be verified by submittal of an affidavit from a Certified Public Accountant.

• A Pay Equity preference of 5% shall be applied to a qualified bid submitted in response to a competitive solicitation for the purchase of Tangible Personal Property, Services and Construction defined as any business that maintains a zero percent (0%) deviation between the salaries paid to men and salaries paid to women for comparable positions, as reported in the Pay Equity Reporting form who at the time of bid submittal, holds a valid Pay Equity Business Certificate.

• Required Pay Equity Documentation:

i) All Bidders shall include with their bid submittal, a Pay Equity Reporting Form, or valid Pay Equity Business Certificate, which can be accessed at www.bernco.gov/general-services/pay-equity.aspx.

ii) Bidders who are located out-of-state or have no facilities and no employees working in the State of New Mexico are not required to report pay equity data but must verify their out-of-state status on the Pay Equity Reporting Form.

Failure to provide a Pay Equity Reporting Form at the time of submission may result in the bid being deemed nonresponsive. The County may allow for a revised Pay Equity Reporting Form to be submitted by the Offeror within 24 business hours of the proposal due date and time if; (i) the originally submitted form requires a technical change; or (ii) the Offeror fails to include a Pay Equity Reporting Form at the time of submission, provided that the Offeror submits the Pay Equity Reporting Form within the 24 hour business period.

http://www.bernco.gov/general-services/pay-equity.aspx

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iii) The required Pay Equity Reporting Form is not a Pay Equity Business Certificate, nor does it qualify a Bidder for the pay equity preference. For questions on how to obtain a Pay Equity Business Certificate, please contact the Procurement Manager In Section I.C By Telephone: (505) 364-3481 or email:

dconkle@bernco.gov.

Limitation (percentage): The total amount of all preferences applied, including the applicable State preference, for the purchase of Tangible Personal Property, Services or Construction in any single award shall not exceed 15%, with the limit on State preferences as set forth under the New Mexico State Procurement Code.

County Preference Limitation (dollar amount): When applying the County preferences, the total dollar amount of County preferences shall never exceed $150,000.00.

Protests: The procedures provided in the Ordinance governing protests and judicial review apply to a protest concerning the awarding of a Contract in violation of application of preferences.

27. APPROVAL OF INSURANCE

If applicable, even though a "Notice to Proceed (NTP)" may have been given, the Contractor or a Subcontractor shall not begin any work under this Contract until the required insurance has been obtained and the proper Certificates (or insurance policies) have been filed with Bernalillo County, adding Bernalillo County as an additional insured as required by Bernalillo County. Neither approval nor failure to approve certificates, policies, or the insurance by Bernalillo County shall relieve the Contractor of full responsibility to maintain the required insurance in full force and effect.

28. UTILITY RELOCATION ALLOWANCE

a) Where possible, all conflicts with existing private utilities shall be avoided by minor adjustments to the alignment of the proposed facilities as directed by the County’s Project Engineer. Where conflicts are determined to be unavoidable by the County’s Project Engineer, the private utility shall be relocated. The Contractor shall notify the utility owner at least three (3) weeks prior to needing the utility relocated. The Contractor shall be responsible for coordinating this work and paying invoiced cost to the utility owner. The Contractor may be required by the utility owners to pay for such relocation work prior to the actual relocation work being performed.

b) The Contractor shall submit a utility relocation estimate from the utility owner to the County’s Project Engineer for review and approval prior to actual direction from the County’s Project Engineer to relocate the utility.

c) A Utility Relocation Allowance is included in the Bid to pay for field utility relocations that may be required to be performed by the appropriate utility owner.

Bernalillo County shall reimburse the Contractor the actual cost for all such utility relocations based on invoices received from the utility owner. The County will not pay for any utility relocation without prior written approval from the County Project Engineer. The Contractor must submit a utility relocation estimate, from the utility owner, to the County’s Project Engineer for review and approval. Contractor mark

2-10 up will not be allowed.

d) The Utility Relocation Allowance stated in the Bid is an estimated dollar amount.

The actual dollar amount reimbursed may be less than, equal to, or more than the stated allowance.

e) The Contractor shall, at the Contractor’s expense, furnish necessary equipment, tools, and labor to assist the utility owner in the performance of utility relocations. All additional costs associated with potholing, discovery, surveying, site cleanup, and coordination necessary to achieve required utility relocations shall be incidental to the Contract and shall be included in the Contract Price. No additional compensation shall be allowed for delays or inconvenience caused by utility company work crews.

29. CODE OF CONDUCT

The Contractor agrees to abide by the Code of Conduct (https://www.bernco.gov/compliance-office/bernalillo-county-code-of-conduct/) of the County as it applies to the Contractor’s interactions with the County. Any violation of the Code of Conduct shall be considered a breach of the Agreement.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.bernco.gov%2Fcompliance-office%2Fbernalillo-county-code-of-conduct%2F&data=05%7C01%7Cacbaca%40bernco.gov%7Ca0475eac0ea04b74a46208dafef5c0ad%7C2017becccef8453fae3c04934fc97714%7C0%7C0%7C638102628707140665%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=NSVmDNQrHf0WLxXW26bnUPp2T3oQhj2sFyzUWqrk4uU%3D&reserved=0

SECTION 3

MINIMUM WAGE RATES

3-1

SECTION 3

MINIMUM WAGE RATES

(a) The minimum wages to be paid to the various classes of mechanics and laborers engaged by the Contractor and Subcontractors for Work under this Contract including any additional, omitted or changed work, shall not be less than the amount as determined and established by the Labor and Industrial Division of the New Mexico Department of Workforce Solutions as provided by Section 13-4-11, N.M.S.A.1978 and in full force and effect, without exception, on the date of the Contract and during the lifetime of this

(b) The Contractor and each of its Subcontractors shall pay each of its employees working under this Contract in full, in cash, not less than once a week, less all legally required deductions or withholdings. When circumstances are such that payment in cash is not feasible or is impractical, payment may be made by check, provided, however, that adequate funds to cover same are on deposit at the bank upon which the checks are drawn, and further that the checks may be cashed without charge, trade requirements, or undue inconvenience to the payee.

(c) The minimum wage rates, if any, specified for apprentices shall apply only to persons working with the tools of the trade that they are learning, and under the direct supervision required by law, the number of apprentices in each trade or occupation employed by the Contractor or any Subcontractor shall not exceed the number permitted under the usual practice prevailing between Trade Unions and Employers Association of the respective trades or occupations.

(d) Extra Work - Minimum Wage. In case Bernalillo County orders the Contractor to perform extra work or additional work which may make it necessary for the Contractor or any Subcontractor under him to employ, in the performance of such work, any person in any trade or occupation for which no minimum wage rate is specified, Bernalillo County will include in the Contract Change Order for such extra or additional work the minimum wage rate for such trade or occupation, and insofar as such extra or additional work is concerned, there shall be paid each employee engaged in the work in such trade or occupation, not less than the minimum wage rate included.

(e) Wage Underpayments and Adjustments. The Contractor agrees that, in case of underpayment of wages to any worker on the Project under this Contract, Bernalillo County may withhold out of payments due, an amount sufficient to pay such worker the difference between the wages required to be paid under his Contract and the wages actually paid such worker for the total number of hours worked and that Bernalillo County may disburse such amount so withheld by it, for and on account of the Contractor to the employee to which such amount is due. The Contractor further agrees that the amounts to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by Bernalillo County pursuant to other provisions of this Contract.

3-2

A copy of the New Mexico State Office of the Labor Commissioner Minimum Wage Rates and Apprentices minimum wage scales in effect at the time of the Contract shall be posted or otherwise made available to the Contractor's employees at all times on the job.

A copy of each certified weekly payroll by the Contractor and each Subcontractor shall be forwarded to Bernalillo County Public Works Division, 415 Silver Ave. SW, Albuquerque, New Mexico 87102. These payrolls shall be furnished no later than five working days after each payroll period. Such payrolls shall depict the decision number for this Project and the County in which the work is being performed.

The Contractor and all Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, color, age, religion, gender, national origin, sexual orientation, spousal affiliation, veteran status, mental or physical disability, or handicap.

S

An Equal Opportunity Employer Page 1 of 1

LABOR RELATIONS DIVISION WWW.DWS.STATE.NM.U

401 Broadway NE 226 South Alameda Blvd Albuquerque, NM 87102 Las Cruces, NM 88005 Phone: 505-841-4400 Phone: 575-524-6195 Fax: 505-841-4424 Fax: 575-524-6194

Wage Decision Approval Summary

1) Project Title: LOS VECINOS TIJERAS CREEK PEDESTRIAN BRIDGE PROJECT Requested Date: 03/06/2026 Approved Date: 03/06/2026 Approved Wage Decision Number: BE-26-0881-A

Wage Decision Expiration Date: 07/04/2026

2) Physical Location of Jobsite for Project:

Job Site Address: Los Vecinos at Tijeras Creek Job Site City: Tijeras Job Site County: Bernalillo

3) Contracting Agency Name (Department or Bureau): Bernalillo County Contracting Agency Contact's Name: Damian Luna Contracting Agency Contact's Phone: (505) 848-1569 Ext.

4) Estimated Contract Award Date: 05/31/2026

5) Estimated total project cost: $1,500,000.00

a. Are any federal funds involved?: No

b. Does this project involve a building?: No

c. Is this part of a larger plan for construction on or appurtenant to the property that is subject to this project?: No

d. Are there any other Public Works Wage Decisions related to this project?: No

e. What is the ultimate purpose or functional use of the construction once it is completed?: This project will consist of construction and installation of a new single span pedestrian bridge including its foundations and prefabricated superstructure.

6) Classifications of Construction:

Classification Type and Cost Total Description

Highway/Utilities (A) Cost: $1,500,000.00

This project will consist of construction and installation of a new single span pedestrian bridge including its foundations and prefabricated superstructure The work will include bank protection tie ins to recently constructed creek restoration slope infrastructure The bridge will include lighting and electrical tie into existing power supply as well as trail approach surfaces and railings http://www.dws.state.nm.u/

TYPE “A” –

STREET, HIGHWAY, UTILITY & LIGHT ENGINEERING

Effective January 1, 2026

Trade Classification

Base Rate Fringe Rate

Cement Mason 21.75 7.43 Drywall Finisher/Taper 31.60 9.58 Drywall Finisher/Taper – Los Alamos County 35.85 12.82

Glazier/Fabricator 22.75 7.70 Glazier/Fabricator – Los Alamos County 22.75 7.70 Painter 21.00 5.75 Painter – Los Alamos County 35.85 12.82 Paper Hanger 21.00 5.75 Paper Hanger – Los Alamos County 36.85 12.82 Plumber/Pipefitter 44.32 18.00 Soft Floor Layers 21.52 9.40 Soft Floor Layers – Los Alamos County 35.87 12.92

Bricklayer/Block Layer/Stonemason Bricklayer/Block layer/Stonemason 33.41 12.04

Bricklayer/ Block layer/Stonemason – Curry, DeBaca, Quay and Roosevelt counties

23.10

8.98

Bricklayer/ Block layer/Stonemason – Dona Ana, Otero, Eddie, and Lea counties 29.56 14.10

Carpenter Carpenter/Lather 32.12 14.28

Carpenter- Los Alamos County 38.56 14.70

Electricians- Outside Classifications: Zone 1 Ground man 28.54 13.36

Equipment Operator 40.94 17.73 Lineman 51.71 21.43 Journeyman technician 48.15 20.53 Journeyman substation technician 48.15 20.53 Journeyman transmission technician 47.58 20.40 Cable Splicer 52.98 21.75

Page | 1

Page | 2 TYPE “A” – STREET, HIGHWAY, UTILITY &

LIGHT ENGEINERRING

Effective January 1, 2026

Ground man 58.54 13.36 Equipment Operator 40.94 17.73 Lineman 51.71 21.43 Journeyman technician 48.15 20.53 Journeyman substation technician 48.15 20.53 Journeyman transmission technician 47.58 20.40 Cable Splicer 52.98 21.75

Ground man 29.35 13.38 Equipment Operator 42.12 17.76 Lineman 53.07 21.77 Journeyman technician 49.55 20.89 Cable Splicer 58.28 23.07

Ironworker Journeyman 29.45 19.51 Probationary Ironworker 23.56 19.51

Group I – unskilled 18.41 7.74 Group II – semiskilled 19.41 7.74 Group III – skilled 19.91 7.74 Group IV – specialty 20.41 7.74

Group I 23.69 6.95 Group II 24.72 6.95 Group III 27.03 6.95 Group IV 28.65 6.95 Group V 28.79 6.95 Group VI 29.05 6.95 Group VII 29.28 6.95 Group VIII 30.27 6.95

Electricians-Outside Classifications: Zone 2

Ironworker

Laborers

Operators

Trade Classification Base Rate Fringe Rate

Electricians-Outside Classifications: Los Alamos County

Page | 3 TYPE “A” – STREET, HIGHWAY, UTILITY &

LIGHT ENGEINERRING

Effective January 1, 2026

Group IX 40.08 6.95 Group X 44.72 6.95 Roofers

Roofer Journeyman 31.20 9.36 Roofer Helper 18.72 9.36

Group I-IX 21.70 9.65

NOTE: All contractors are required to pay SUBSISTENCE, ZONE, AND INCENTIVE PAY according to the particular trade. More information available at https://www.dws.state.nm.us/public-works.

For more information about the Subsistence, Zone, and Incentive Pay rates, or to file a wage claim, contact the New Mexico Department of Workforce Solutions Labor Relations Division at (505) 841-4400 or visit us online at www.dws.state.nm.us.

Truck Drivers https://www.dws.state.nm.us/public-works http://www.dws.state.nm.us/

SECTION 4

UNIT PRICE BID

CONTENTS

PAGE

1. Bid 4-1

2. Bid Response - Notice to Bidders 4-1

3. Unit Price Bid 4-3

4. Subcontractors 4-4

5. Subcontractors (New Mexico Department of Workforce Solutions) 4-5

6. Addenda 4-6

7. Bid Period 4-6

8. Contract Award 4-6

9. Execution of Contract Documents 4-6

10. Bid Security 4-6

11. Declaration of Interests 4-6

12. Affirmative Action/Equal Employment Opportunity & Nondiscrimination 4-7

13. Disadvantaged Business Enterprises 4-7

14. Request for Qualifications 4-7

Bid Security 4-9 Equal Employment Opportunity 4-10 Certification of Nondiscrimination 4-11 Non-Collusion Affidavit of Prime Bidder 4-12 Report on Uncompleted Projects in Force 4-13 Unfair Business Practices Disclosure 4-14

Resident Veteran Contractor Preference Bidder must submit a copy of a valid preference certificate issued by the Taxation and Revenue Department to receive a Resident Veteran Contractor preference, (see Instructions to Bidders, Section 2, Paragraph 25, for further information).

Resident Contractor Preference Bidder must submit a copy of a valid preference certificate issued by the Taxation and Revenue Department in order to receive a Resident Contractor preference; (see Instructions to Bidders, Section 2, Paragraph 25, for further information.)

County Preferences (see Instructions to Bidders, Section 2, Paragraph 25, for further information.)

4-1

SECTION 4

UNIT PRICE BID

To Bernalillo County, Albuquerque, New Mexico.

1. BID

The undersigned (hereinafter called "Bidder"), in compliance with your invitation for bids for Los Vecinos Tijeras Creek Pedestrian Bridge, having carefully examined the Contract Documents and the site(s) of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed Project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the Project in accordance with the Contract Documents, within the time set forth herein, and at the unit prices stated below. These prices cover all expenses incurred in performing the work required under the Contract Documents of which this proposal is a part. Quantities shown in this Unit Price Bid and in alternates, if any, have been estimated. Payment will be made for confirmed quantities as constructed.

2. BID RESPONSE - NOTICE TO BIDDERS

The Bidder shall fully complete and execute (sign) and submit one colored original and one black and white copy (2 total) of the:

Bid Form (page 4-3) Acknowledgment of Subcontractor's list (page 4-4) Acknowledgment of Subcontractor’s list (NM Department of Workforce Solutions)

(page 4-5) Acknowledgment of Addenda (page 4-6) Acknowledgment of Bid Response conditions (pages 4-1 through 4-8) Bid Security (page 4-9) Equal Employment Opportunity (page 4-10) Certification of Non-Discrimination (page 4-11) Non-Collusion Affidavit (page 4-12) Report on Uncompleted Projects in Force (page 4-13) Unfair Business Practices Disclosure (Page 4-14)

The Bidder shall include the following documentation, if eligible:

Resident Veteran Contractor Preference Certificate from NM Taxation and Revenue

Department Resident Contractor Preference Certificate from NM Taxation and Revenue

Department

4-2

Small Business Affidavit Pay Equity Form

NOTES:

A. Failure to fully and accurately complete the List of Subcontractors (page 4-4), the Contractor’s New Mexico Department of Workforce Solutions Registration Number (page 4-5), B. Failure to fully complete and execute (sign) each of the documents may result in the

Bid being deemed non-responsive and Bid may be rejected.

3. UNIT PRICE BID

See Page 4-3 for Unit Price Bid.

CONTRACTORS ARE REQUIRED TO BID ON ALL ITEMS

BIDS WILL BE EVALUATED ON BASE BID WITHOUT GROSS RECEIPTS TAX OR ANY

OPTIONAL LOCAL TAXES. APPLICABLE TAXES MUST BE SUBMITTED AS

SEPARATE ITEM ON THE INVOICE. SEPARATE INVOICES ARE REQUIRED FOR

EACH BID LOT, WHERE APPLICABLE.

Los Vecinos Tijeras Creek Pedestrian Bridge 4-3

Bidder’s Name:

The Bidder will complete the Work for the following price(s):

UNIT PRICE BID

Bid Item

Item Spec.

Description Unit Estimated Quantity

Unit Price

Total

1 541 PREFABRICATED PEDESTRIAN BRIDGE LS 1

2 511 REINFORCED CONCRETE C.Y. 18

3 543 RAILING L.F. 81

4 502 DRILLED SHAFT FOUNDATION 24" DIAMETER L.F. 184

5 210 STRUCTURAL EXCAVATION C.Y. 1196

6 210 STRUCTURAL BACKFILL C.Y. 985

7 203 UNCLASSIFIED EXCAVATION C.Y. 21

8 602 SOIL-FILLED RIPRAP C.Y. 170

9 608 CONCRETE SIDEWALK 4" S.Y. 25

10 706 BRIDGE LIGHTING L.S. 1

11 667 REMOVEABLE BOLLARD EA 1

12 601 ASPHALT REMOVAL S.Y. 16

13 632 SEEDING AC 1

Subtotal of Bid Items 1 - 13

Utility Relocation Allowance

Base Bid: Total of Bid Items 1 - 13 plus Utility Relocation

New Mexico Gross Receipt Tax (NMGRT) @ 6.1875%

Total of Base Bid plus NMGRT

RFB-44-26-DC

4-4

4. SUBCONTRACTORS (SEE INSTRUCTIONS TO BIDDERS):

The listing threshold is $7,200.00.

Second tier Subcontractors are not required to be listed. Reference NMSA 13-4-34.

Name City or County Work Description

1.

2.

3.

4.

5.

6.

7.

8.

NOTE: This Subcontractor's form shall be required to be completed in full with the Bid for compliance with this Bid. (Attach additional sheets if required.) Failure to identify all Subcontractors and complete in full the forms contained in the entire bid document, including but not limited to the above form, shall render the Bid non-responsive and the Bid shall be automatically rejected.

REMAINDER OF PAGE INTENTIALLY LEFT BLANK

4-5

5. SUBCONTRACTORS SUPPLEMENTAL FORM (New Mexico Department of Workforce Solutions) The Subcontractors’ Supplemental Form below will be required to be completed and submitted to the Procurement & Business Services Department via electronic mail to dconkle@bernco.gov, US Postmaster, or hand delivered to Bernalillo County Procurement & Business Services Department, 415 Silver Ave. SW, Albuquerque, NM 87102 within two (2) business days (48 hours) of bid opening (excluding holidays and weekends). Failure to meet this deadline shall deem the bid NON-RESPONSIVE and the Bid shall be REJECTED. THE FOLLOWING TWO (2) CONDITIONS WILL

AUTOMATICALLY WAIVE THE 48 HOUR PERIOD:

a. If a bidder submits a COMPLETED form at the time of bid submittal; and

b. If a BLANK form is submitted with the bid submittal, the form will be accepted as a COMPLETED form.

1. Pursuant to NMSA 13-4-13.1, Contractors and Subcontractors who obtain contracts in excess of $60,000 are required to register with the Labor and Industrial Division of the New Mexico Department of Workforce Solutions and obtain a registration number prior to Bid submittal.

2. All tiers of Subcontractors who obtain a contract for this project shall be subject to the requirements of the Act and shall be listed as a Subcontractor including equipment providers and/or material suppliers, who will perform work, provide labor or render services at or about the construction site, that are within the threshold below. The provisions contained in the Instructions to Bidders, are Bernalillo County’s requirements for completing this list.

3. Failure to submit a complete list in accordance with NMSA 13-4-13.1 and/or the provisions contained in the Instructions to Bidders, page 2-5, and the 48-hour deadline above shall be grounds for the Bid to be deemed non-responsive and the Bid be rejected.

4. The listing threshold is $60,000.

SUBCONTRACTORS’ SUPPLEMENTAL FORM

1. SUBCONTRACTOR’S NAME 2. DEPARTMENT OF NEW MEXICO

WORKFORCE SOLUTIONS REGISTRATION #

3. DATE OF REGISTRATION

4-6

6. ADDENDA:

Bidder acknowledges receipt of the following addenda:

Addendum No. Date Addendum No. Date

7. BID PERIOD

Bidder agrees that this Bid may not be withdrawn for a period of ninety (90) days after the scheduled closing time for receipt of Bids.

8. CONTRACT AWARD

If the Contract is to be…

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