50-52100-24-06148_ITB 50-35000-24-06148_UTE LAKE STATE PARK ROGERS ROAD DRAINAGE IMPROVEMENTS_Complete_Final.pdf.PDF

UTE LAKE STATE PARK

ROGER’S ROAD CULVERT CROSSING

IMPROVEMENTS

FEBRUARY 14, 2024

PREPARED BY

NEW MEXICO ENERGY, MINERALS, AND NATRUAL

RESOURSES DEPARTMENT

STATE PARKS DIVISION

P.O. BOX 25112

SANTA FE, NM 87504

CONTENTS

SECTION 00000 – PREBID INFORMATION

INVITATION TO BID

SECTION 00100 – INSTRUCTIONS TO BIDDERS

DEFINITIONS AND TERMS

EXAMINATION OF BIDDING DOCUMENTS AND SITE

BIDDING DOCUMENTS

BIDDING PROCEDURES

CONSIDERATION OF BIDS

POST-BID INFORMATION

SECTION 00200 – BID FORMS

BID FORM

BID PROPOSAL

SECTION 00300 – SUPPLEMENTS TO BID FORMS

EXAMPLE BID BOND

AGENT'S AFFIDAVIT

SUBCONTRACTOR LISTING REQUIREMENTS

WITHDRAWAL OF BID FORM

WITHDRAWAL OF BID

SECTION 00400 – AGREEMENT FORMS

AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

SECTION 00500 - BONDS, CERTIFICATES, AND NOTICES

PERFORMANCE BOND

PAYMENT BOND

NOTICE OF AWARD

NOTICE TO PROCEED

ASSIGNMENT OF ANTITRUST CLAIMS

SECTION 00600 - GENERAL CONDITIONS OF THE CONTRACT

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

SECTION 00700 – SUPPLEMENTARY CONDITIONS

SUPPLEMENTARY/ ADDITIONAL CONDITIONS OF THE CONTRACT FOR

CONSTRUCTION

CHANGE ORDER

FIELD CHANGE ORDER APPROVAL

CERTIFICATE OF FINAL COMPLETION

WAGE RATE DECISION

SECTION 00800 – SPECIAL CONDITIONS

SUPPLEMENTARY CONDITIONS

SECTION 00900 – TECHNICAL SPECIFICATIONS AND DRAWINGS

Section 00000-1

SECTION 00000 – PREBID INFORMATION

Section 00000-2

PURCHASING DIVISION (GSD)

(505) 827-0472

BIDDER:

Name:

Address:

Phone:

Fax:

E-mail:

INVITATION TO BID

CONSTRUCTION CONTRACT

BID NUMBER:

Sealed bid opening FORMAL

NM STATE PURCHASING DIVISION

PROJECT:

Rogers Road at Ute Lake Culvert Crossing Improvements Project NO: 2021-SP320001

BID DUE DATE: Thursday, March 13, 2025 TIME: 2:00pm Procurement Specialist: James Ortega Contact Number: 505-795-2516 Email: james.ortega@gsd.nm.gov

ARCHITECT/ENGINEER OF RECORD:

Smith Engineering Company 2201 San Pedro Dr NE Ste 4-200 Albuquerque, NM 87110 505-884-0700

IMPORTANT

Only Electronically submitted bids will be accepted. No hand-carried, mailed, carrier delivered, emailed, or faxed bids will be accepted.

FOR ELECTRONICALLY UPLOADED BIDS: such bids will be time-stamped in the system when Bidder clicks “OK” after “Review and Submit.” You will receive a confirmation email of the submission for your records.

Such electronic submissions will be considered sealed bids in conformance with statute.

To register as a Supplier with the State of New Mexico, or to log in if already registered go to:

https://bids.sciquest.com/apps/Router/PublicEvent ?CustomerOrg=StateOfNewMexico

OWNER/POINT OF CONTACT:

EMNRD/State Parks Division.

Colleen Baker, Bureau Chief, Colleen.Baker@emnrd.nm.gov;

Charles Thomas, 505-999-7618, chuck@petroglyphconsulting.com

It is the Bidders’ responsibility to ensure all documents are completely uploaded and submitted electronically via the eProNM system by the deadline set forth in this ITB. The eProNM system will automatically cease uploading data at the date and time of the deadline. Please ensure that you, as the Bidder, allow adequate time for large uploads and to fully complete your submittal by the deadline. A submission that is not both: (1) fully complete; and (2) received, via the eProNM system by the deadline, will be deemed late. Further, a submission that is not fully complete and received via the eProNM system by the deadline because the response was captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any anti-virus or other security software will be deemed late. In accordance with statute and rule, NO LATE BID CAN BE ACCEPTED.

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico&tab=PHX_NAV_SourcingOpenForBid&tmstmp=1467214109161 https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico&tab=PHX_NAV_SourcingOpenForBid&tmstmp=1467214109161

Section 00000-3

INVITATION TO BID page 2

Scope of Work: Demolition, removal and disposal of existing culvert and appurtenances, including roadway pavement; Grading and earthwork; Installation of new culvert crossing and appurtenances; roadway paving.

Bidding Documents: Bidding documents including the drawings, specifications, and contract documents may be obtained from the Engineer of Record listed below. Email the contact below to obtain a virtual link to download the bid documents.

Smith Engineering Company Nancy Peay, PE nancyp@smithengineering.pro

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

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

NOTE: Base Bid price shall not include state gross receipts or local options taxes. Taxes will be included in the Contracted Amount at prevailing rates as a separate item to be paid by Owner.

In submitting this bid, each Bidder must satisfy all terms and conditions of the Bidding Documents. No Bidder may withdraw his bid for One Hundred and Twenty (120) DAYS after the actual date of the opening thereof.

Wage Rates & Workforce Solutions Registration: Pursuant to the Public Works Minimum Wage Act, Section 13-4-10 to 13-4-17 NMSA 1978, all work covered by this Invitation to Bid shall be in accordance with applicable state laws and, if the bid amount is sixty thousand dollars ($60,000) or more, is subject to the minimum wage rate determination issued by the New Mexico Department of Workforce Solutions, Labor Relations Division, Public Works Unit.

Section 13-4-13.1 requires Contractors when their bid is over $60,000 and subcontractors of all tiers when their portion of the work is over $60,000, to be registered with the Labor Relations Division of the Department of Workforce Solutions. This registration is available under the “Contractor Registration” section at the following website:

http://www.dws.state.nm.us/LaborRelations/LaborInformation/PublicWorks

There may be some administrative delay in processing your registration. Pursuant to Section 13- 4-13.1 NMSA 1978, the State Purchasing Division cannot accept your bid if you are not registered at the time of bid opening.

Please direct all questions concerning registration to DWS at (505) 841-4400.

mailto:nancyp@smithengineering.pro http://www.dws.state.nm.us/LaborRelations/LaborInformation/PublicWorks

Section 00000-4

INVITATION TO BID page 3

Bidder Instructions for Invitation to Bid (ITB)

Viewing ITB:

Bidders can access active procurements at the following sites:

• https://www.generalservices.state.nm.us/state-purchasing/active-itbs-and-rfps/active-procurements/

• https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico Complete bid documents as required by the ITB Specifications, and submit any required documentation, supporting materials, certifications, etc. in addition to the bid documents.

Submitting Bids:

Bidders have one option to submit bids to the State Purchasing Division (SPD):

• Electronic submissions through eProNM at the following site:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

• Bids will be time-stamped in the system when Bidder clicks “OK” after “Review and Submit.” The bidder will receive a confirmation email of the submission for their records.

Such electronic submissions will be considered sealed bids in conformance with statute.

• Bids must be received by the due date and time listed on the front page of this ITB or as amended. Bids submitted electronically within 2 hours of the close time cannot be guaranteed to upload successfully.

• If an amendment is processed after you submit your bid, you must resubmit your bid in order for your bid to be considered fully submitted. Note: It is the responsibility of the Bidder to ensure bids are correct and accurate before submission. By bidding electronically, you acknowledge any and all amendments and it is your responsibility to ensure your bid corresponds with any amendments.

Bid Opening:

Sealed bids will be publicly opened online via Microsoft Teams. Bids are subject to the “Terms and Conditions,” shown on the subsequent pages of this document, and any additional bidding instructions or requirements. Note: If you decide not to bid, do not return this ITB document.

Please join Bid Opening from your computer, tablet, or smartphone.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40th read.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4- 04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d Meeting ID: 210 089 867 732 Passcode: 4W2kXN Download Teams | Join on the web Or call in (audio only) +1 505-312-4308,,45609571# United States, Albuquerque Phone Conference ID: 456 095 71# https://www.generalservices.state.nm.us/state-purchasing/active-itbs-and-rfps/active-procurements/ https://www.generalservices.state.nm.us/state-purchasing/active-itbs-and-rfps/active-procurements/ https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d%20 https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d%20 https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d%20 https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d%20

Section 00000-5

INVITATION TO BID page 4

THIS BID IS SUBJECT TO THE REQUIREMENTS OF THE BIDDING DOCUMENTS AS

DEFINED IN THE “INSTRUCTIONS TO BIDDERS.”

THE BID PROPOSAL FORM MUST BE ACCOMPANIED BY A SURETY BOND,

SUBCONTRACTOR LISTING FORM AND DOCUMENTS SPECIFIED IN THE

“INSTRUCTIONS TO BIDDERS.”

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

A 100% Performance Bond and a 100% Payment and Materials Bond for the total contract amount, including appropriate New Mexico Gross Receipts Tax, executed by a surety company authorized to do business in the state of New Mexico shall be required from the successful Bidder prior to award of contract. A subcontractor shall provide performance and payment bonds if the subcontractor’s contract (to the Contractor) for work to be performed is $125,000 or more. Failure of a subcontractor to provide the required bonds shall not subject owner to any increase in cost due to approved substitution of subcontractor.

Preferences: Applicants for in‐state / veteran preferences for all resident businesses, veterans, Native American, Native American veteran and contractors will have to obtain preference numbers from the New Mexico Department of Taxation & Revenue. Vendor must submit a copy of their preference certificate with each solicitation in order to receive the preference.

Applications are available for download at the following website:

http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

Attention of the Bidder who normally qualifies for a preference is particularly directed to the provisions of Sections 13-4-1 through 13-4-4 NMSA 1978 as they shall not apply to federal aid construction projects or when the expenditure of federal funds designated for a specific contract is involved. All contracts executed in violation of this act shall be void and of no effect.

http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

Section 00000-6

INVITATION TO BID page 5

A Virtual Non-Mandatory Pre-Bid Meeting will be held as follows:

Prospective Bidders may attend the pre-bid conference, in order to familiarize themselves with the scope of work. Subcontractors and suppliers are not required to attend the pre-bid conference.

DATE: Wednesday, February 26, 2025

TIME: 10:00 am MT

VIRTUAL PRE-BID INFORMATION: Microsoft Teams Meeting

Join the meeting now Meeting ID: 242 640 838 09 Passcode: ox9cb6dV

Dial in by phone +1 469-607-2641,,401239412# United States, Dallas Find a local number Phone conference ID: 401 239 412#

QUESTIONS DEADLINE: Monday March 3, 2025

LAST AMENDMENT DEADLINE: Friday March 7, 2025

POINT OF CONTACT:

Smith Engineering Nancy Peay, PE nancyp@smithengineering.pro 505-884-0700 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDk5MTVhYmYtYTkyNS00OTlmLWI3MzgtNjcwOTg2NjBmNzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2243c0908e-1f37-4012-8191-c8098bf4f2ca%22%2c%22Oid%22%3a%22a48ea98d-3395-466a-8e6e-4aac379f8f6f%22%7d tel:+14696072641,,878803640 https://dialin.teams.microsoft.com/6b3b84e3-fc2e-4ecd-8c2d-0a49cd3507d5?id=878803640

Section 00000-7

ADVERTISEMENT FOR BIDS

Ute Lake State Park Roger’s Road Culvert Crossing Improvements

Nm Energy, Minerals and Natural Resources Department, State Parks Division

Bid Number:

Sealed Bids for the construction of the Ute Lake State Park Roger’s Road Culvert Crossing Improvements will be received electronically through eProNM at the following website:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=State OfNewMexico to the attention of Procurement Specialist James Ortega until 2:00 pm local time on February 13, 2025, at which time the Bids received will be publicly opened and read. The Project consists of:

Demolition, removal and disposal of existing culvert and appurtenances, including roadway pavement;

Grading and earthwork; Installation of new culvert crossing and appurtenances; Roadway paving.

The Issuing Office for the Bidding Documents is Smith Engineering Company, 2201 San Pedro NE, Building 4 Suite 200, Albuquerque, NM 87110, (505) 884-0700. Prospective Bidders may examine the Bidding Documents at the Issuing Office on Mondays through Thursdays between the hours of 8:00 a.m.

to 5:00 p.m. and may obtain copies of the Bidding Documents from the Issuing Office as described below.

Digital Bidding Documents may be obtained by sending a request to nancyp@smithengineering.pro at which time a return email will be sent with either the Bidding Documents attached or a link to download the Bidding Documents. The date that the Bidding Documents are transmitted by the Issuing Office will be considered the prospective Bidder’s date of receipt of the Bidding Documents. Partial sets or hard copies of Bidding Documents will not be available from the Issuing Office. 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.

A virtual non-mandatory pre-bid conference will be held at 10:00 am local time on February 26, 2025..

END OF INVITATION TO BID

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=State%20OfNewMexico

Section 00100-1

SECTION 00100 – INSTRUCTIONS TO BIDDERS

Section 00100-2

DEFINITIONS AND TERMS

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

A. ADDENDUM: A written or graphic instrument issued by the Architect/Engineer prior to the opening of Bids which clarifies, corrects, or changes the Bidding Documents or Contract Documents. Plural: addenda.

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

C. BASE BID: Amount stated in the Bid as the sum for which the Bidder offers to perform the work, excluding alternate bid items.

D. BID: The offer of the bidder submitted on the prescribed form setting forth the prices for the work to be performed in conformance with the Bidding Documents.

E. BID LOT: A major item of work for which a separate quotation or proposal is requested.

F. BIDDER: One who submits a Bid directly to the Owner, as distinct from a subcontractor who submits a bid to a contractor.

G. BIDDING DOCUMENTS: The Bidding Requirements and the Contract Documents.

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

I. BIDDING DOCUMENTS: Notice of Invitation to Bid, Prebid Information, Instructions to Bidders, Information Available for Bidders, the Bid Form, Supplements to the Bid Form, and portions of Addenda relating to any of these.

J. INVITATION FOR BID (ITB): All documents including those attached or incorporated by reference or utilized for soliciting sealed bids.

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

L. RESPONSIVE BID: A bid which conforms in all material respects to the requirements set forth in the Invitation for Bid.

M. SUCCESSFUL BIDDER: The lowest Responsible Bidder to whom the Owner, on the basis of the Owner’s evaluation, makes an award. A Successful Bidder does not become the contractor until an agreement with the Owner is signed.

Section 00100-3

EXAMINATION OF BIDDING DOCUMENTS AND SITE

2.1 Viewing ITB:

2.1.1 Bidders can access active procurements at the following sites:

https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

2.1.2 Complete bid documents as required by the ITB Specifications, and submit any required documentation, supporting materials, certificates, etc. in addition to the bid documents.

2.2 Before submitting a Bid, each Bidder must:

2.2.1 Examine the Bidding Documents thoroughly;

2.2.2 Visit the site to familiarize himself with local conditions that may in any manner affect cost, progress, or performance; attend the NON-MANDATORY pre-bid meeting;

2.2.3 Familiarize himself with Federal, State, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the Work; and

2.2.4 Study and carefully correlate the Bidder’s observations with the Bidding Documents.

2.3 On request, the Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid.

2.4 The lands upon which the Work is to be performed, rights-of-way for access thereto, are outlined in the Scope of Work in the Bidding Documents.

2.5 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Section and that the Bidding Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

Section 00100-4

BIDDING DOCUMENTS

3.1 Technical Online Bidding Questions

3.1.1 (505) 795-1894 or (800) 233-1121 or you can contact the buyer listed on the ITB front page.

3.2 Copies Of Bidding Documents

3.2.1 Complete sets of the Bidding Documents may be requested and obtained from the Engineer of Record. Contact information is provided in the Invitation to Bid.

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

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

3.3 Interpretations

3.3.1 All questions about the meaning or intent of the Bidding Documents shall be submitted to the Engineer of Record. Contact information is provided in the Invitation to Bid.

3.3.2 Replies will be issued by Addenda or Amendment delivered to all parties recorded by the Architect/Engineer as having received the Bidding Documents.

Questions received after the Questions deadline as stated in the Invitation to Bid will not be answered. Only Questions submitted in writing and Addenda issued by the Engineer of Record will be considered official and binding. Oral and other interpretations or clarifications will be without legal effect.

3.3.3 Bidders and Subcontractors shall promptly notify the Engineer of Record of any ambiguity, inconsistency, or error which they may discover upon examination of the Bidding Documents or of the site and local conditions.

3.4 Substitute Material and Equipment

3.4.1 The contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or “or-equal” items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or “or-equal” item of material or equipment may be furnished or used by the contractor if acceptable to the Architect/Engineer, application for such acceptance may be considered by the Architect/Engineer. Any allowance of substitutions will be published to all prospective Bidders via addendum. The procedure for submittal of any such application by the Contractor and consideration by the Architect/Engineer is set forth in the Contract Documents.

3.5 Addenda

3.5.1 Addenda will be delivered, via email, to all who are known by the

Architect/Engineer to have received a complete set of Bidding Documents.

Section 00100-5

3.5.2 Addenda will also be available for inspection at the ITB website below:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMe xico

3.5.3 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose.

3.5.4 Addenda will be issued no later than five (5) days prior to the date for receipt of Bids, except an addendum withdrawing the request for bids or one which includes postponement of the date for receipt of Bids.

Section 00100-6

BIDDING PROCEDURES

4.1 Submitting Bids

4.1.1 Complete bid documents as required by the ITB Specifications, and submit any required documentation, supporting materials, certificates, etc. in addition to the bid documents.

4.1.2 Electronic submissions through eProNM at the following site:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMe xico

4.1.3 Bids will be time-stamped in the system when Bidder clicks “OK” after “Review and Submit.” Such electronic submissions will be considered sealed bids in accordance with statute.

4.1.4 If an amendment is processed after bid is submitted, Bidders must resubmit their bid in order for it to be considered fully submitted. Note: It is the responsibility of the Bidder to ensure bids are correct and accurate before submission. By bidding electronically, you acknowledge any and all amendments and it is your responsibility to ensure your bid corresponds with any amendments.

4.2 Form and Style of Bids

4.2.1 Bids shall be submitted on forms identical to the form included with the Bidding

Documents.

4.2.2 All blanks on the Bid Form shall be filled in by typewriter or manually in ink.

4.2.3 Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and, in case of discrepancy between the two, the amount written in words shall govern.

4.2.4 Any interlineation, alteration, or erasure must be initialed by the signer of the bid.

4.2.5 All requested Additive or Deductive Alternate Bids shall be bid. If no change in the Base Bid is required, enter “No Change.”

4.2.6 Where there are two or more major items of work (identified as “Bid Lots”) for which separate quotations are requested, the Bidder must submit quotations for all items, unless otherwise specified. The sum of all Bid Lots will constitute the Base Bid amount.

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico%20 https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico%20

Section 00100-7

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

4.2.8 The Bid shall contain an acknowledgment of receipt of all Addenda/Amendments (the numbers of which shall be filled in on the Bid Form).

4.2.9 The address to which communications regarding the Bid are to be directed must be shown.

4.2.10 The Project Name and Number, as well as State Purchasing’s Invitation to Bid Number, shall be clearly shown on the outside of the envelope in which the Bid is submitted.

Section 00100-8

4.3 Bid Security

4.3.1 Bid security in an amount equal to at least five percent (5%) of the amount of the

Bid shall be a bond provided by a surety company authorized to do business in this State, or the equivalent in cash, a cashier’s check, or otherwise supplied in a form satisfactory to the Owner (Section 13-1-146, NMSA 1978) and approved in writing by the Owner in advance. All Bonds shall be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies,” as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, United States Treasury Department.

4.3.2 The bid security shall be in the amount of five percent (5%) of the highest Bid amount submitted, unless otherwise stipulated, pledging that the Bidder will enter into a Contract with the Owner on the terms stated herein and will furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty.

4.3.3 The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until either:

A The Contract has been executed and bonds have been furnished, B The specified time has elapsed so that Bids may be withdrawn, or C All Bids have been rejected.

4.3.4 When the Bidding Documents require bid security, noncompliance by the Bidder requires that the Bid be rejected (13-1-147A, NMSA 1978).

4.3.5 If a Bidder is permitted to withdraw his Bid before award, no action shall take place against the Bidder or the bid security (13-1-147B, NMSA 1978).

4.3.6 The Owner may reduce bid security requirements authorized by the Procurement Code (13-1-28 to 13-1-199, NMSA 1978) to encourage procurement from small businesses. Reduction, if any, and the manner thereof will be stipulated in Paragraph 7. Reduction of the amount of bid security, if any, shall in no way reduce requirements for Performance, Payment, or other Bonds referenced in the Bidding Documents.

Section 00100-9

4.4 Prebid Conference

4.4.1 The Architect/Engineer of Record may conduct a Prebid Conference as indicated in the Invitation to Bid.

4.4.2 The Architect/Engineer of Record and his consultants, as applicable, shall be represented. Prospective Bidders are encouraged to attend. Prospective Subcontractors, and Prospective Vendors are encouraged to attend and should be prepared to ask questions regarding substitutions and/or to request clarification of the Bidding Documents. The failure of a Bidder, Subcontractor, or Vendor to request clarification shall be interpreted to mean that the Bidding Documents are clear and acceptable to all participants at the Prebid Conference.

4.4.3 Questions and requests for clarification are to be presented in written form.

Responses will be written and provided via Addenda and made available at the State Purchasing Website. No verbal response shall be binding.

4.5 Resident Contractor’s Preference

4.5.1 A business eligible for a New Mexico/Native American Resident Preference

(Preference) must obtain a Preference certificate from the NM Taxation & Revenue Department. In order for the appropriate Preference to be applied to this solicitation, the expenditure for this solicitation cannot involve federal funds, and Bidder must submit a copy of its Preference certificate along with its response to the solicitation. Applicable Preferences will be applied to monetary values only, in accordance with §13-1-21 NMSA 1978, not percentage discounts or other non-monetary values. Additionally, only one submitted Preference will be applied per solicitation, not multiple.

4.5.2 This is a notice to all New Mexico resident businesses, New Mexico resident veteran businesses and New Mexico contractors:

A All resident businesses, resident veteran businesses and contractors must apply for a current certification issued by the Tax and Revenue Department.

B Certificates issued prior to July 1, 2016 are deemed EXPIRED for purposes of claiming a preference, and therefore all businesses must reapply for certification.

C Applications for in-state preference will NOT be processed through the State Purchasing Division. All resident businesses, resident veteran businesses and contractors must obtain a preference number & certificate with the New Mexico Department of Taxation & Revenue.

D Preference will only apply if a copy of a Certificate issued on or after July 1, 2016 accompanies bid or proposal.

E Certificates must be provided with each and every bid and proposal submission individually, even if the Certificate was previously provided to State Purchasing Division with a prior procurement. Certificates missing from procurement submissions will not benefit from the preference.

Section 00100-10

F For additional information and application forms contact Tax & Revenue Department at: 505-827- 0926, 505-827-0949, 505-827-0948) or http://www.tax.newmexico.gov/Businesses/in-state- veteranpreference-certification.aspx

4.6 Subcontractors

4.6.1 The bidder shall list the Subcontractors he proposes to use for all trades or items on the Subcontractor Listing Form attached to the Bidding Documents. Pursuant to Chapter 18, Laws of 1988, 2nd Session; as follows:

AN ACT

RELATING TO CONSTRUCTION INDUSTRIES; ENACTING THE SUBCONTRACTOR

FAIR PRACTICES ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

13-4-31. SHORT TITLE.

Section 1 through 12 of this Act may be cited as the “Subcontractors Fair Practices Act”.

13-4-32. LEGISLATIVE FINDINGS.

The legislature finds that the practices of bid shopping and bid peddling in connection with the construction, alteration and repair of public works projects often result in poor quality of material and workmanship to the detriment of the public, deprive the public of the full benefits of fair competition among contractors and subcontractors and lead to insolvencies and loss of wages to employees.

13-4-33. DEFINITIONS.

As used in the Subcontractors Fair Practices Act:

A. “contractor” means the prime contractor on a public works construction project who contracts directly with the using agency;

B. “subcontractor” means a contractor who contracts directly with the contractor;

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

D. “notice” means information, advice or a written warning intended to apprise a contractor, subcontractor or using agency of some proceeding in which the contractor’s, subcontractor’s or using agency’s interests are involved or to inform him of some fact that is his right to know. Notice may be sent to a contractor, subcontractor or using agency by certified or registered mail and shall be deemed to be completed upon date of mailing; and https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.tax.newmexico.gov%2FBusinesses%2Fin-state-veteranpreference-certification.aspx&data=02%7C01%7Ccarl.abrams%40hdrinc.com%7C9ab031220b574685cca308d80d4ba179%7C3667e201cbdc48b39b425d2d3f16e2a9%7C0%7C0%7C637273965763643909&sdata=OhQWHi3dXyAlfkrCQRKYZNr02ei4ZIz6ZXJXd3ZqN2M%3D&reserved=0 https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.tax.newmexico.gov%2FBusinesses%2Fin-state-veteranpreference-certification.aspx&data=02%7C01%7Ccarl.abrams%40hdrinc.com%7C9ab031220b574685cca308d80d4ba179%7C3667e201cbdc48b39b425d2d3f16e2a9%7C0%7C0%7C637273965763643909&sdata=OhQWHi3dXyAlfkrCQRKYZNr02ei4ZIz6ZXJXd3ZqN2M%3D&reserved=0 https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.tax.newmexico.gov%2FBusinesses%2Fin-state-veteranpreference-certification.aspx&data=02%7C01%7Ccarl.abrams%40hdrinc.com%7C9ab031220b574685cca308d80d4ba179%7C3667e201cbdc48b39b425d2d3f16e2a9%7C0%7C0%7C637273965763643909&sdata=OhQWHi3dXyAlfkrCQRKYZNr02ei4ZIz6ZXJXd3ZqN2M%3D&reserved=0

Section 00100-11

E. “using agency” means any state agency or local public body requiring services or construction.

13-4-34. LISTING OF SUBCONTRACTORS; REQUIREMENTS.

A. Any using agency taking bids for any public works construction project shall provide in the bidding documents prepared for that project a listing threshold which shall be five thousand dollars ($5,000) or one-half of one percent of the architect’s or engineer’s estimate of the total project cost, not including alternates, whichever is greater. If the bidding documents do not include a listing threshold, then the using agency shall supply the listing threshold. If the listing threshold has not been included, the bid opening shall be postponed until the using agency has complied with this section. Any contractor or subcontractor interested in bidding may apply to the district court in the county in which the project will be located for an injunction preventing the bid opening until the using agency has complied with this section. Any person submitting a bid shall in his bid set forth:

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

2) the category of the work that will be done by each subcontractor. The contractor shall list only one subcontractor for each category as defined by the contractor in his bid.

B. A bid submitted by a contractor who fails to comply with the provisions of Subsection A of this section is a nonresponsive bid which shall not be accepted by a using agency.

C. This section does not apply to second tier subcontractors, material suppliers or subcontractors whose contract is less than the greater of the listing threshold as indicated in Subsection A of this section.

13-4-35. EXEMPTION.

With the exclusion of that portion of work covering street lighting and traffic signals, the Subcontractors Fair Practices Act shall not apply to contracts for the construction, improvement or repair of streets or highways, including bridges, underground utilities within easements including but not limited to water lines, sewer lines and storm sewer lines.

13-4-35.1. APPLICATION OF ACT.

Section 00100-12

The Subcontractors Fair Practices Act shall not apply to any transaction occurring after the contractor and the listed subcontractor have executed a subcontract unless subsequent action on the subcontract relates to subcontractor listing requirements.

13-4-36. SUBSTITUTION OF SUBCONTRACTOR.

A. No contractor whose bid is accepted shall substitute any person as subcontractor in place of the subcontractor listed in the original bid, except that the using agency shall consent to the substitution of another person as a subcontractor in the following circumstances:

1) when the subcontractor listed in the bid, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions, plans and specifications for the project involved and the terms of such subcontractor’s written bid, is presented to him by the contractor;

2) when the subcontractor listed in the original bid becomes bankrupt or insolvent prior to execution of a subcontract;

3) when the using agency refuses to approve the subcontractor listed in the original bid, provided such approval has been reserved in the bidding documents;

4) when the subcontractor listed in the original bid fails or refuses to perform his subcontract;

5) when the contractor demonstrates to the using agency or its duly authorized officer that the name of the subcontractor was listed as the result of an inadvertent clerical error;

6) when a bid alternate accepted by the using agency causes the listed subcontractor’s bid not to be low;

7) when the contractor can substantiate to the using agency that a listed subcontractor’s bid is incomplete;

8) when the listed subcontractor fails or refuses to meet the bond requirements of the contractor; or

9) when it is determined that the listed subcontractor does not have a proper license to perform the work and the contractor has submitted the name of the subcontractor along with proof that the subcontractor bid work for which he was not licensed by the Construction Industries Division of the Regulation and Licensing Department.

Section 00100-13

B. Prior to approval of the contractor’s request for substitution of a subcontractor, the using agency shall give notice in writing to the listed subcontractor of the contractor’s request to substitute and of the reasons for the request. The notice shall be served by certified or registered mail to the last known address of the subcontractor. The listed subcontractor who has been so notified has five (5) working days within which to submit written objections to the substitution to the using agency. Failure to file written objections shall constitute the listed subcontractor’s consent to the substitution. If written objections are filed, the using agency shall give at least five (5) working days’ notice in writing to the listed subcontractor of a hearing by the using agency on the contractor’s request for substitution.

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

D. No contractor whose bid is accepted, other than in the performance of change orders causing changes or deviations from the original contract, shall sublet or subcontract any portion of the work in excess of the listing threshold as to which his original bid did not designate a subcontractor unless:

1) the contractor fails to receive a bid for a category of work. Under such circumstances, the contractor may subcontract. The contractor shall designate on the listing form that no bid was received; or

2) the contractor fails to receive more than one bid for a category of work.

Under such circumstances, the contractor may subcontract. The contractor shall state on the listing form that only one subcontractor’s bid was received, together with the name of the subcontractor. This designation shall not occur more than one time on the subcontractor list.

13-4-37. BOND REQUIREMENTS.

A. It is the responsibility of each subcontractor submitting a bid to a contractor to be prepared to submit a faithful performance and payment bond if so requested by the contractor.

B. In the event any subcontractor submitting a bid to a contractor does not, upon the request of the contractor and at the expense of the contractor at the established charge or premium therefor, furnish to the contractor a bond issued by a corporate surety authorized to do business in New Mexico in accordance with the New Mexico Insurance Code (59A-1-1 to 59A-1-18, NMSA 1978) and listed in the United States treasury department circular 570 wherein the contractor is named

Section 00100-14 the oblige, guaranteeing prompt and faithful performance of the subcontract and the payment of all claims for labor and materials furnished or used in and about the work to be done and performed under the subcontract, the contractor may reject the bid and make a substitution of another subcontractor subject to the provisions of Section 13-4-36, NMSA 1978. Such bond may be required at the expense of the subcontractor only if the contractor in his written or published request for subcontract bids:

1) specifies that the expense for the bond shall be borne by the subcontractor; and

2) clearly specifies the amount and requirements of the bond.

13-4-38. FAILURE TO SPECIFY SUBCONTRACTOR.

If a contractor fails to list a subcontractor in excess of the listing threshold and he does not state that no bid was received or that only one bid was received, he represents that he is fully qualified to perform that portion of the work himself and that he shall perform that portion of the work himself. If after the award of the contract the contractor subcontracts any portion of the work, except as provided in the Subcontractors Fair Practices Act, the contractor shall be guilty of violation of the Subcontractors Fair Practices Act and subject to the penalties provided in Section 13-4-41 NMSA 1978.

13-4-39. INADVERTENT CLERICAL ERROR.

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

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

C. The using agency shall, in the absence of an objection to the contrary by the listed subcontractor in the original bid, consent to the substitution of the intended subcontractor if:

1) the contractor, the listed subcontractor listed in error and the intended subcontractor each submit an affidavit to the using agency, along with

Section 00100-15 such additional evidence as the parties may wish to submit, that an inadvertent clerical error was in fact made, provided that the affidavits from each of the three parties are filed within twelve working days from the time of the prime bid opening; or

2) affidavits are filed by both the contractor and the intended subcontractor within the specified time but the subcontractor whom the contractor claims to have listed in error does not submit, within twelve working days from the time of prime bid opening, to the using agency and to the contractor written objection to the contractor’s claim of inadvertent clerical error as provided in this section.

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

13-4-40. EMERGENCY SUBCONTRACTING.

Subcontracting any portion of the work in excess of the listing threshold as to which no subcontractor was designated in the original bid shall be permitted only in the case of public emergency or necessity and then only upon a written finding by the using agency setting forth the facts constituting the emergency or necessity.

13-4-41. PENALTIES.

A. When a contractor violates any provision of the Subcontractors Fair Practices Act except Section 13-4-34 NMSA 1978, the using agency shall:

1) in the case of a contractor who substitutes another subcontractor in violation of Section 13-4-36 NMSA 1978, for the subcontractor originally included in the bid, assess the contractor a penalty in an amount equal to the greater of ten percent of the amount bid by the listed subcontractor or the difference between the amount bid by the listed subcontractor and the amount bid by the substituted subcontractor;

Section 00100-16

2) in the case of a contractor substituting a listed subcontractor for another subcontractor, and the substituted subcontractor knowingly participated in a violation of Section

13-4-36 NMSA 1978, assess the substituted subcontractor a penalty in an amount equal to the greater of ten percent of the amount bid by the listed subcontractor and the difference between the amount bid by the listed subcontractor and the substituted subcontractor; or

3) in the case of a contractor who fails to list a subcontractor in excess of the listing threshold as defined in Section 13-4-38 NMSA 1978, assess the contractor a penalty of eight percent of the amount of the subcontract issued for the first violation and thirty percent of the amount of the subcontract issued for any violation thereafter, on any one project.

B. Penalties assessed pursuant to the provisions of this section shall be deposited into the fund from which the contract was awarded.

C. In a proceeding under this section, the contractor shall be entitled to a hearing after notice.

D. A violation of the provisions of the Subcontractors Fair Practices Act constitutes grounds for disciplinary action against a contractor or a subcontractor, pursuant to regulations of the construction industries division of the regulation and licensing department.

E. A contractor or a subcontractor who attempts to circumvent the provisions of the

Subcontractors Fair Practices Act shall be subject to the penalties established pursuant to this section.

F. Any listed subcontractor removed in violation of the Subcontractors Fair Practices Act may bring an action in the district court for damages, injunctive or other relief.

13-4-42. COVERAGE OF HOME RULE MUNICIPALITIES.

Any home rule municipality or H class county chartered under the provisions of Article 10, Section 6 of the constitution of New Mexico is expressly denied authority to legislate regulation of the subject matter covered in the Subcontractors Fair Practices Act that conflicts with the provisions of that act.

13-4-43. DISPUTE RESOLUTION.

Section 00100-17

Once the using agency has determined the existence of a valid claim under the provisions of the Subcontractors Fair Practices Act, the using agency or agent of the using agency may:

A. hold a public hearing for the purpose of providing an informal resolution of the dispute by preparing a “form of dispute” which shall be available to all parties.

The form shall state concisely, in numbered paragraphs, the matter at issue or dispute which the complainant expects to be determined. The agent or the using agency shall evaluate the issues presented by both sides of the dispute and render a decision within ten days after the hearing, and provide the parties with a written copy of the decision by certified mail, return receipt requested; or

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

Section 00100-18

4.6.2 The Bidder shall not list himself as the supplier or as the Subcontractor for any trade unless he has previously performed work of this type or can prove to the Architect/Engineer and the Owner’s satisfaction that he actually has, or will obtain, fully adequate facilities and plans to perform the work with his own forces.

4.6.3 Omission or non-compliance with the intent of the Subcontractor…