50-49500-24-01989_50-49500-24-01989 Fabric Hangar Project Manual and Addendum.pdf.PDF.crdownload

NMSA Page 1 of 2 Addendum No. 1

ADDENDUM NO. 1

February 7, 2025

TO: ALL PLAN HOLDERS ON PROJECT REFERENCED BELOW

PROJECT TITLE: SPACEPORT FABRIC HANGAR, PAYLOAD FACILITY, HLA S.

HANGAR TAXIWAY

PROJECT NO: 50-49500-24-01989

24-C12, 25-C05

OWNER: New Mexico Spaceport America

PROJECT LOCATION: Spaceport, New Mexico

The following Addendum No. 1 shall be incorporated into the Contract Documents for the above referenced project.

A. PROJECT MANUAL:

1. Delete/Omit the following sections in their entirety from the 10_24-C12 Project Manual, as they may conflict with Invitation to Bid #50-49500-24-01989:

a. Advertisement for Bids

b. Instruction to Bidders for Construction Contract

c. Bid Form for Construction Contract

d. Bid Bond (Penal Sum Form)

e. Subcontractor’s Fair Practice Act Compliance

f. Statement of Bidder’s Qualifications

g. Agreement – Purchase Agreement

h. Certificate of Liability Insurance

i. Performance Bond

j. Payment Bond

k. Notice of Award

l. Notice to Proceed

m. Change Order

n. Certificate of Substantial Completion

2. All remaining sections in the Project Manual shall remain unchanged unless modified by an addendum.

B. PROJECT PLANS / DRAWINGS: None

C. CLARIFICATIONS / QUESTIONS-ANSWERS: None

D. All other provisions of the Contract Documents shall remain unchanged. This addendum is hereby made a part of the Contract Documents to the same extent as those contained in the original documents and all itemized listings thereof.

NMSA Page 2 of 2 Addendum No. 1

E. Each bidder shall acknowledge receipt of this Addendum on the Bid Form in the space provided.

MOLZEN-CORBIN & ASSOCIATES

John T. Montoya, P.E 2/7/2025

SPA241-11

Project Manual

Including Specifications for

The Construction of

NEW MEXICO SPACEPORT AMERICA

UPHAM, NM

24-C12-FABRIC HANGAR/PAYLOAD FACILITY

25-C05-HLA S. HANGAR TAXIWAY

Funding Project Numbers:

November 2024

OWNER: New Mexico Spaceport America

Spaceport Authority

4605 Research Park Circle Suite A

Las Cruces, New Mexico 88001

ENGINEER: John Montoya, P.E.

MOLZEN CORBIN

1155 Commerce Drive, Suite F

Las Cruces, New Mexico 88011

ENGINEER OF RECORD

Molzen Corbin

1155 Commerce Drive, Suite F

Las Cruces, NM 88011

(575) 522-0049

The technical material and data contained in the 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.

11/13/2024 N.M.P.E. No. 12423

All questions about the meaning or intent of these documents shall be submitted only to the

Engineer of Record, stated above, in writing.

TABLE OF CONTENTS

SECTION PAGE TO PAGE

ADVERTISEMENT FOR BIDS ................................................................................................... 1-

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT ................................... 1-

BID FORM FOR CONSTRUCTION CONTRACT ..................................................................... 1-

BID BOND (PENAL SUM FORM) .............................................................................................. 1-

SUBCONTRACTOR’S FAIR PRACTICE ACT COMPLIANCE ..................... SCFP-1 – SCFP-3

STATEMENT OF BIDDER’S QUALIFICATIONS ......................................... 00470-1 – 00470-2

AGREEMENT - PURCHASE AGREEMENT ............................................................................. 1-

CERTIFICATE OF LIABILITY INSURANCE ............................................................ CI-1 – CI-2

PERFORMANCE BOND .............................................................................................................. 1-

PAYMENT BOND

NOTICE OF AWARD ................................................................................................................. 1-1

NOTICE TO PROCEED ............................................................................................................. 1-1

CHANGE ORDER ........................................................................................................................ 1-

CERTIFICATE OF SUBSTANTIAL COMPLETION

STATE WAGE RATES

LIST OF DRAWINGS ............................................................................................................. LD-1

GEOTECHNICAL REPORT

TECHNICAL SPECIFICATIONS

SECTION SECTION TITLE DESCRIPTION

General Contract Provisions

10 Definition of Terms

20 Proposal Requirements and Conditions

30 Award and Execution of Contract

40 Scope of Work

50 Control of Work

60 Control of Materials

80 Execution and Progress

90 Measurement and Payment

Part 2 – General Construction Items

C-100 Contractor Quality Control Program (CQCP)

C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control

C-105 Mobilization

C-110 Method of Estimating Percentage of Material within Specification Limits (PWL)

Part 3 – Sitework

ITEM ITEM DESCRIPTION

P-151 Clearing and Grubbing

P-152 Excavation, Subgrade, and Embankment

P-154 Subbase Course

P-156 Cement Treated Subgrade

Part 4 – Base Courses

P-209 Crushed Aggregate Base Course

Part 6 – Flexible Pavements

P-401 Asphalt Mix Pavement

P-403 Asphalt Mix Pavement Base Course

Part 7 – Rigid Pavement

P-501 Portland Cement Concrete Pavement

Part 9 - Miscellaneous

P-602 Emulsified Asphalt Prime Coat

P-603 Emulsified Asphalt Tack Coat

P-604 Compression Joint Seals for Concrete Pavements

P-605 Joint Sealant for Pavements

P-610 Concrete for Miscellaneous Structures

P-620 Runway and Taxiway Marking

13 12 0 Temporary Fabric Hangar (NMSA Provided)

13 12 1 Elevated Decking System (NMSA Provided)

13 13 0 Modular Office Buildings (NMSA Provided)

13 12 1 Portable Restroom Facilities (NMSA Provided)

Exhibit A Elevated Composite Decking System (NMSA Provided)

Exhibit B Modular Office Buildings with Kitchenette (NMSA Provided)

Exhibit C Portable Restroom Facilities (NMSA Provided)

31 23 33 Trenching & Backfilling

33 12 01 Water Systems

33 13 13 Disinfection of Domestic Water Systems

Part 10- Fencing

F-162 Chain-Link Fence & Skirt

F-163 Wildlife Deterrent Fence

Part 11- Drainage

D-701 Pipe for Storm Drains and Culverts

D-751 Manholes, Catch Basins, Inlets and Inspection Holes

ADVERTISEMENT FOR BIDS

EJCDC® C-111, Advertisement for Bids for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ADVERTISEMENT FOR BIDS

New Mexico Spaceport Authority

Upham New Mexico

Hangar/Payload Facility & South Hangar Taxiway

General Notice

New Mexico Spaceport Authority is requesting Bids for the construction of the following Project:

24-C12 - Fabric Hangar / Payload Facility

25-C05 – HLA South Hangar Taxiway

Bids for the construction of the Project will be received at the [name of location] located at [location where Bids will be received], until [day], [date] at [time for receipt of Bids] local time. At that time the

Bids received will be [insert either “publicly” or “privately” as applicable to the Project] opened and read.

The Project includes the following Work:

Construction of a concrete hangar pad with foundation considerations, along with the procurement and installation of a fabric hangar facility; Construction of an asphalt parking lot to include striping, high game fence modifications and motorized gate; and installation of modular office and restroom buildings.

Airfield improvements to include a concrete apron and a new concrete taxiway from runway 16-34.

Owner anticipates that the Project’s total Bid Price will be approximately $ 8,000,000. The Project has an expected duration of 180 days.

Obtaining the Bidding Documents

Information and Bidding Documents for the Project can be found at the following designated website:

Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other

Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website.

The Issuing Office for the Bidding Documents is:

[Name of organization]

[Address where documents are available for viewing]

Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including addenda, if any, obtained from sources other than the Issuing Office.

EJCDC® C-111, Advertisement for Bids for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Pre-Bid Conference

A mandatory Pre-Bid Conference for the Project will be held on [day, date] at [time] at [name of venue]

[street address of venue] [city, state, zip code]. Bids will not be accepted from Bidders that do not attend the mandatory Pre-Bid Conference.

Instructions to Bidders.

For all further requirements regarding bid submittal, qualifications, procedures, and Contract Award, refer to the Instructions to Bidders that are included in the Bidding Documents.

This Advertisement is issued by:

Owner: [Owner]

By: [Name of individual authorized to issue legal notice]

Title: [Title of individual]

Date: [Date of initial publication of advertisement]

INSTRUCTIONS TO BIDDERS

FOR CONSTRUCTION CONTRACT

EJCDC® C-200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents

(together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is

Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by

Owner.

2.04 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding

Documents are available, such documents will be made available to the Bidders as Electronic

Documents in the manner specified.

1. Bidding Documents will be provided in PDF (Portable Document Format) (.pdf) format.

It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the

Owner and Engineer cannot totally control the transmission and receipt of Electronic

Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in

Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

C. After the Contract is awarded, the Owner will provide or direct the Engineer to provide for the use of the Contractor documents that were developed by Engineer as part of the Project design process, as Electronic Documents in native file formats.

1. Release of such documents will be solely for the convenience of the Contractor. No such document is a Contract Document. Engineer will be held harmless for release of any electronic document received by the Contractor.

2. Unless the Contract Documents explicitly identify that such information will be available to the Successful Bidder (Contractor), nothing herein will create an obligation on the part of the Owner or Engineer to provide or create such information, and the Contractor is not entitled to rely on the availability of such information in the preparation of its Bid or pricing of the Work. In all cases, the Contractor shall take appropriate measures to verify that any electronic/digital information provided in Electronic Documents is appropriate and adequate for the Contractor’s specific purposes.

3. In no case will the Contractor be entitled to additional compensation or time for completion due to any differences between the actual Contract Documents and any related document in native file format.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

A. Upon Owner request, written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

B. Written evidence that Bidder is licensed to do business in the state where the Project is located.

C. Bidder’s state or other contractor license number.

D. Subcontractor and Supplier qualification information (Ref. Article 11).

E. In order for a Bid to be acceptable, the General Contractor and any Subcontractor whose

Work is in excess of $60,000 must be registered with the New Mexico Department of

Workforce Solutions, Labor Enforcement at the time of Bidding.

3.02 A Bidder’s failure to submit required qualification information will result in the submitted Bid being deemed non-responsive.

3.03 The minimum required qualifications to perform the Work are as follows:

A. The Contractor shall have completed at least five (5) projects of similar scope and magnitude in the last 10 years.

B. Contractor’s Project Manager shall have served as Project Manager on at least three completed projects of similar scope and magnitude in the last 10 years.

C. Contractor’s Superintendent shall have served as Superintendent on at least three completed projects of similar scope and magnitude in the last 10 years.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

D. These qualifications are for the purpose of determining whether or not the Contractor meets the minimum threshold of capabilities and experience required by the Owner to complete the Work. No qualitative assessment of the Contractor’s qualifications will be made except that the Engineer will determine whether or not the minimum qualification criteria is demonstrated by the Contractor’s submitted data.

3.04 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A mandatory Pre-Bid Conference will be held at the time and location indicated in the

Advertisement or invitation to Bid. Representatives of Owner and Engineer will be present to discuss the Project. Proposals will not be accepted from Bidders who do not attend the conference. It is each Bidder’s responsibility to sign in at the Pre-Bid Conference to verify its participation. Bidders must sign in using the name of the organization that will be submitting a

Bid. A list of qualified Bidders that attended the Pre-Bid Conference and are eligible to submit a

Bid for this Project will be issued in an Addendum.

4.02 Information presented at the Pre-Bid Conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the Pre-Bid Conference. Information presented, and statements made at the Pre-Bid

Conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes right-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain

Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental

Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

2. Reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the

General Conditions, has been identified and established in the Supplementary

Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of

Technical Data set forth in Article 1 of the General Conditions will apply.

4. Geotechnical Data Report: The Bidding Documents contain a Geotechnical Data Report

(GDR).

a. As set forth in the Supplementary Conditions, the GDR describes certain select subsurface conditions that are anticipated to be encountered by Contractor during construction in specified locations (“Baseline Conditions”). The GDR is a Contract

Document.

b. The Baseline Conditions in the GDR are intended to reduce uncertainty and the degree of contingency in submitted Bids. However, Bidders cannot rely solely on the Baseline Conditions. Bids should be based on a comprehensive approach that includes an independent review and analysis of the GDR, all other Contract

Documents, Technical Data, other available information, and observable surface conditions. Not all potential subsurface conditions are baselined.

c. Nothing in the GDR is intended to relieve Bidders of the responsibility to make their own determinations regarding construction costs, bidding strategies, and Bid

Prices, nor of the responsibility to select and be responsible for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs incident thereto.

d. As set forth in the Supplementary Conditions, the GDR is a Contract Document containing data prepared by or for the Owner.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, and are approximate based on record drawings provided by the utility owner. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Other Site-related Documents

A. In addition to the documents regarding existing Site conditions referred to in

Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the

Site are known to Owner and made available to Bidders for reference:

1. Geotechnical report for the site, included herein.

Owner will make copies of these other Site-related documents available to any Bidder on request.

5.04 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the

Site, and abide by all security protocol required by Owner.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

B. A Site visit is scheduled following the Pre-Bid Conference.

C. Bidders visiting the Site are required to arrange their own transportation to the Site.

D. All access to the Site other than during a regularly scheduled Site visit must be coordinated through the following Owner or Engineer contact for visiting the Site: Luis Saenz, 575.867.8863, luis.saenz@spaceportamerica.com. Bidder must conduct the required Site visit during normal working hours.

E. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

F. On request, and to the extent Owner has control over the Site, and schedule permitting, the

Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

G. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

H. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.05 Owner’s Safety Program

A. Site visits and Work at the Site may be governed by an Owner safety program.

5.06 Other Work at the Site

A. The general nature of other Work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other Prime Contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written Contract for such other Work, then on request, Owner will provide to each Bidder access to examine such Contracts (other than portions thereof related to price and other confidential matters), if any.

B. For this project, the interior electrical, site electrical, and fire suppression system for the hangar are covered under a separate contract. Coordination between this project and the related contract will be necessary to ensure seamless integration of all systems.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form submitted by each Bidder contains express representations regarding the

Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If the Bidder is awarded the Contract, the Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Bidder shall submit all questions about the meaning or intent of the Bidding Documents in writing.

Contact information and submittal procedures for such questions are as follows:

Luis Saenz, at luis.saenz@spaceportamerica.com

Rod McGillivary, at Rodney.mcgillivray@spaceportamerica.com

7.02 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than

7 days prior to the date for opening of Bids may not be answered.

7.03 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract

Documents unless set forth in an Addendum that expressly modifies or supplements the Contract

Documents.

7.04 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of five percent

(5%) of Bidder’s maximum Bid Price (determined by adding the Base Bid and all alternates) and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid Bond will be issued in the form included in the Bidding Documents.

8.02 The Bid Security of the apparent Successful Bidder will be retained until Owner awards the

Contract to such Bidder, and such Bidder has executed the Contract, furnished the required

Contract Security, and met the other conditions of the Notice of Award, whereupon the Bid

Security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited, in whole in the case of a Penal Sum Bid Bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if

Bidder defaults.

8.03 The Bid Security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the

Contract or 61 days after the Bid opening, whereupon Bid Security furnished by such Bidders will be released.

8.04 Bid Security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial

Completion, or completion of the Work in readiness for final payment, are set forth in the

Agreement.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

10.02 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by

Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer within 10 days of the issuance of the Advertisement for Bids or invitation to

Bidders. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all registered Bidders. Bidders cannot rely upon approvals made in any other manner.

10.03 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of

“or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers listed by Bidder for the performance of the Work if required to do so by the Bidding Documents or in the Specifications.

If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

11.02 Requirements of the Subcontractors Fair Practice Act shall govern the threshold requirements for

Subcontractor listing.

11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such

Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

request apparent Successful Bidder to submit an acceptable substitute without an increase in the

Bid.

11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the

Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers.

Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid

Security of any Bidder.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from

Engineer or Plan Holders.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid Price must be indicated for each section, Bid Item, alternate, adjustment unit price item, and unit price item listed therein.

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the

Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on

8-1/2 inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid and no alterations have been made.

12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown. The Corporate Seal must be affixed and attested by the Corporate Secretary or the Assistant Secretary.

12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 All names must be printed in ink or type written below the signatures.

12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form.

12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the

Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 13—BASIS OF BID

13.01 Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid Item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the

Bidder. The total of all unit price Bid Items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

13.02 Allowances

A. For cash allowances the Bid Price must include such amounts as the Bidder deems proper for

Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General

Conditions.

ARTICLE 14—SUBMITTAL OF BID

14.01 All Bidders who are submitting a Bid on this Project are required to submit the following documents:

• Bid

• Bid Security Bond

• List of Subcontractors for compliance with New Mexico Subcontractor’s Fair Practices Act

• Equipment Suppliers List

• Bidder’s Qualifications Statement

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to Bid and must be enclosed in a plainly marked package with the

Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the

Advertisement.

14.03 Bids received after the date and time prescribed for the opening of Bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the

Bidder unopened.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 A Bid Proposal may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid Proposal must be executed) and delivered to the place where Bid Proposals are to be submitted at any time prior to the scheduled closing time for the receipt of Bids. Bids shall be unconditionally accepted for consideration of award without alteration or correction except as authorized by the Owner.

The Owner may allow a correction or withdrawal of a Bid because of an inadvertent, non-judgmental mistake in the Bid, within the limitations below.

A. Confirmation of Bid. The Owner may require the apparent low Bidder to confirm its Bid when obvious errors regarding the amount of the Bid are apparent on the face of the Bid or the Bid amount is unreasonably lower than other Bids submitted.

B. Correction of Bid. The Owner may allow a Bidder to correct mistakes discovered by either

Owner or Bidder after Bid Opening and prior to award of the Contract without forfeiture of

Bid Security in the following circumstances:

• when technical irregularities exist that have no effect on the price, quantity, quality, delivery or contractual conditions.

• when mistakes exist and the intended correct Bid is clearly evident on the face of the Bid.

15.02 The Owner may allow a Bidder to correct mistakes discovered after Bid Opening or to withdraw a

Bid without forfeiture of Bid Security if a mistake is clearly evident on the face of the Bid or the intended correct Bid is not evident and the low Bidder submits evidence within 24 hours after the

Bids are opened which clearly and convincingly demonstrates that a mistake was made which:

• is of such a grave consequence that enforcement would be unconscionable and,

• relates to a material and fundamental feature of the Bid and,

• the Bidder acted in good faith and the mistakes did not come about as a result of the violation of a positive legal duty or from gross negligence and,

• the Bidder gave prompt notice of the mistake prior to award of Bid and,

• the Owner’s status has not been changed, or if changed, the Owner suffers no serious hardship or prejudice other than loss of the bargain.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Thereafter, if the Work is rebid, any Bidder that withdraws a Bid will be disqualified from further

Bidding on the Work.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period.

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work and to negotiate Contract terms with the Successful Bidder.

18.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the

Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then

Owner will reject the Bid as nonresponsive.

18.04 If Owner awards the Contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the

Bid Form or prior to the Notice of Award.

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

18.06 In evaluating whether a Bidder is responsible, Owner may consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract

Documents.

ARTICLE 19—BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing Bid Bonds as part of the Bidding process.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful

Bidder, together with printed and electronic copies of the Contract Documents as stated in

Paragraph 2.02 of the General Conditions.

ARTICLE 21—WAGE RATE REQUIREMENTS

21.01 The prevailing wage rates of the State of New Mexico Department of Workforce Solutions apply to this Contract as do any requirements for the State of New Mexico associated with the use of these State Prevailing Wages.

21.02 The prevailing wage rates of the U.S. Department of Labor apply to this project. The Contractor must comply with the minimum rates for wages for laborers and mechanics as determined by the

Department of Labor in accordance with the provisions of the Davis-Bacon and Related Acts.

21.03 The Contractor shall pay the higher of the two prevailing wage rates on this Project.

BID FORM

FOR CONSTRUCTION CONTRACT

EJCDC® C-410, Bid Form for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BID FORM FOR CONSTRUCTION CONTRACT

PROJECT IDENTIFICATION:

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. List of Proposed Subcontractors for compliance with New Mexico Subcontractor’s Fair

Practices Act;

C. List of Proposed Suppliers;

D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids;

E. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids;

F. Required Bidder Qualification Statement with supporting data;

G. Bidder’s Qualification Statement;

H. Residents Contractor Certificate issued by the Taxation and Revenue Department (if seeking preference);

I. Resident Veteran Contractor Certificate issued by the Taxation and Revenue Department (if seeking preferenct);

J. Equipment Suppliers List;

ARTICLE 3—BASIS OF BID—LUMP SUM BID AND UNIT PRICES

3.01 Unit Price Bids

A. Bidder will perform the following Work at the indicated unit prices:

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Item

No.

Description Unit Est. Qty. Bid Unit Price Bid Price

APRON & HANGAR PAD

1 Airport Safety and Security, Complete LS 1

2 Clearing and Grubbing AC 4

3 Unclassified Excavation, Complete CY 9700

4 Temporary Pollution / Erosion Control LS 1

Subgrade Preparation, 24" Complete in place SY 12850

Subgrade Preparation, 12", Parking Lot, Complete in place SY 4360

Cement Treated Subgrade 6", Complete in place SY 12850

Crushed Aggregate Base Course, 8", Parking Lot, Complete in place CY 970

Asphalt Mix, 4", Parking Lot, Complete in place TON 1940

Asphalt Base Course, 5", Complete in place TON 2910

Asphalt Base Course, 6", Complete in place TON 1000

Cement Concrete Pavement, 13", Complete in place CY 3620

Cement Concrete Pavement, 10", Complete in place CY 800

14 Bituminous Prime Coat GAL 7750

Concrete for Miscellaneous Structures, Hangar Foundation, include reinforcing, Complete in place CY 55

16 Markings, Complete in place SF 900

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Item

No.

Description Unit Est. Qty. Bid Unit Price Bid Price

17 Gravel, 3" Deep, Complete in place SY 15040

18 Concrete Sidewalk, Complete in place SF 804

19 Tie Downs, Complete in place LS 1

High Game Fence, including man-gates, complete in place LF 500

Automatic Rolling Gate, card reader and closure loops, complete in place LS 1

12" Water line, include all fitting, T&B and Compaction, Complete in place LF 800

12" Gate Valve with Valve Box, Complete in Place EA 1

6" Water line, include all fitting, T&B and

Compaction, Complete in place LF 480

6" Gate Valve with Valve Box, Complete in Place EA 1

2” Water line (HDPE), include all fittings, complete in place LF 160

2” Water service, including tapping service saddle, corp stop and angle valve

(2), complete in place EA 1

Fire…