60-50500-26-32761_ITB 60-50500-26-32761 El Camino Real Demolition_Final.pdf.PDF

STATE PURCHASING DIVISION (GSD)

BIDDER:

Name:

Address:

Phone:

Fax:

E-mail:

INVITATION TO BID

CONSTRUCTION CONTRACT

PROCUREMENT NUMBER: 60-50500-26-32761

Sealed bid opening FORMAL

NM STATE PURCHASING DIVISION

PROJECT NAME:

El Camino Real Historic Site Demolition

BID DUE DATE: Wednesday, April 22, 2026

TIME: 2:00pm

Procurement Specialist: James Ortega Contact Number: 505-795-2516

Contact Email: james.ortega@gsd.nm.gov

AGENCY (OWNER)/POINT OF CONTACT:

Melissa Catanach

(505) 827-7836 melissa.catanach@dca.nm.gov

Bids must be submitted electronically, via eProNM only. Please see Bid Submission Instructions on page 6.

Bids are subject to the “Terms and Conditions,” shown on the attached pages of this document, and any additional bidding instructions or requirements. The Terms and Conditions shall not be modified or supplemented.

NOTE: if you decide not to bid, do not return this document.

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. Applications are available for download at: http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

Technical Online Bidding Questions:

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

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

Bidder Instructions for Invitation to Bid (ITB)

Viewing ITB:

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

Submitting Bids:

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

• 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.” Such electronic submissions will be considered sealed bids in accordance with statute.

• 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.

It is the Bidder’s 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.

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.

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 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/statepurchasing/active-procurements.aspx 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 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 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 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 https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+15053124308,,45609571

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

DATE: Wednesday April 8, 2026

TIME: 10:00 AM to 12:00 PM

LOCATION:

On-site at El Camino Real 300 East County Rd #1598

San Antonio, NM 87832

POINT OF CONTACT:

Melissa Catanach

(505) 827-7836 melissa.catanach@dca.nm.gov

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."

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

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.

Bonds:

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:

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.

END OF INVITATION TO BID

SCOPE OF WORK (SOW)

The New Mexico Department of Cultural Affairs (DCA) is seeking bids for the complete demolition and site restoration of the El Camino Real Historic Site.

Intent of Work

The Contractor shall provide all labor, materials, equipment, and permits necessary for the complete demolition, removal, and lawful disposal of existing improvements. The goal is to restore the site to its prior, undeveloped condition, except for items specifically noted to remain.

General Requirements

• Attend an onsite pre-bid conference.

• Regulatory Compliance: Contractor must adhere to all federal, state, and local laws (OSHA, environmental, waste handling).

• Means and Methods: The Contractor is solely responsible for the techniques, sequences, and safety procedures used.

• Protection of Property: Existing utilities and improvements marked "to remain" must be protected. Damage caused by the Contractor will be repaired at their own expense.

• Site Security: Temporary fencing, signage, and barricades must be maintained throughout the project.

Demolition & Removal Details

Above-Ground Structures:

• Complete demolition of all buildings, including foundations and slabs to a depth of 12 inches below grade.

• Removal of all yard/retaining walls, fences, gates, light poles, signs, and flagpoles (including foundations).

• Demolition of concrete sidewalks, curbs, gutters, amphitheater, and parking areas (asphalt/concrete/base materials).

• Removal of water storage tank and well house.

Buildings (Contents & Systems):

• Full removal of all electrical, mechanical/HVAC, plumbing, and fire suppression systems.

Utilities:

• Removal of electrical transformers and pads.

• Coordination with utility providers for all removals/disconnects.

MATERIAL HANDLING & RESTORATION

Disposal & Hazardous Materials

• Disposal: All materials must be disposed of at licensed facilities. No on-site burial or burning.

• Hazardous Materials: Structures were built in 2004–2005; asbestos/lead is not anticipated. If unknown hazards are found, the Contractor must stop work and notify the DCA immediately.

Site Restoration

• Grading: All excavations must be backfilled with suitable material, compacted, and graded to match adjacent contours.

• Drainage: Final grading must promote positive drainage (no ponding).

• Surface: All disturbed areas must be reseeded with native grass seeds appropriate to the San

Antonio, NM region.

IMPROVEMENTS TO REMAIN (DO NOT DISTURB)

The following must be protected and left in place:

1. Water Well: Well and pump casing to remain; casing must be capped per regulation.

2. Septic System: Septic tank and leach field must remain undisturbed.

3. Deep Underground Utilities: Lines deeper than 12 inches may be abandoned in place but must be capped and sealed per code.

BID SUBMISSION & EVALUATION

• Measurement: All work in Sections 1–5 (excluding the Alternate) shall be bid as a Lump Sum.

• Alternates: Alternate Bid Item #1 must be listed as a separate line item on the Bid Form.

• Submission Deadline: [Insert Date/Time]

• Point of Contact: [Insert Name/Email]

MINIMUM QUALIFICATIONS

To be considered for an award, Bidders must document that they meet the following minimum criteria.

Failure to provide this documentation may result in the bid being deemed non-responsive.

Licensing Requirements

• NM Construction License: Bidder must hold a valid New Mexico Regulation and Licensing

Department (CID) license at the time of bid submittal. Required classifications include:

o GB-98 (General Building).

• Business License: Must be registered to do business in the State of New Mexico and be in good standing with the Secretary of State.

Experience & Past Performance

• Minimum Experience: The Bidder must have a minimum of three (3) years of experience in commercial demolition and site restoration.

• Project History: Bidders must provide a list of at least three (3) projects of similar scope and complexity (site demolition and native reseeding) completed within the last five (5) years.

Financial & Safety Standing

• Bonding Capacity: Bidder must have the ability to provide a Performance Bond and a Payment Bond for 100% of the contract price.

• Insurance: Bidder must maintain General Liability ($1M per occurrence/$2M aggregate), Workers' Compensation, and Commercial Auto Insurance.

NOTICE OF CONTRACT REQUIREMENTS BINDING ON BIDDER

In submitting this bid, the Bidder represents that he has familiarized himself with the nature and extent of the following requirements of the Conditions of the Construction Contract (General, Supplementary, and Other Conditions):

REJECTION OR CANCELLATION OF BIDS:

An Invitation for Bid may be canceled, or any or all Bids may be rejected in whole or in part, when it is in the best interest of the Owner. A determination containing the reasons therefor shall be made part of the Project file (13-1-131, NMSA 1978). Bid security for rejected Bids shall be returned to the Bidder.

PROTESTS:

Any bidder, offeror, or contractor who is aggrieved in connection with this procurement (Bid) may protest to the State Purchasing Agent and the Owner in accordance with the requirements of

General Services Department Rule 93-601. The protest should be made in writing within twenty-four (24) hours after the facts or occurrences giving rise thereto, but in no case later than fifteen

(15) calendar days after the facts or occurrences giving rise thereto (13-1-172, NMSA 1978).

In the event of a timely protest under Subparagraph 4.10.1 (13-1-172, NMSA 1978 of the

Procurement Code), the State Purchasing Agent and the Owner shall not proceed further with the procurement unless the State Purchasing Agent or the Owner makes a determination that the award of contract is necessary to protect substantial interests of the Owner (13-1-173, NMSA 1978).

The State Purchasing Agent or his designee shall have the authority to take any action reasonably necessary to resolve a protest of an aggrieved bidder, offerer or contractor concerning a procurement.

The State Purchasing Agent or his designee shall promptly issue a determination relating to the protest. The determination shall:

A. State the reasons for the action taken; and

B. Inform the Protestant of the right to judicial review of the determination pursuant to Section 13-1-183, NMSA 1978 of the Procurement Code (13-1-175, NMSA 1978).

A copy of the determination issued under Section 13-1-175, NMSA 1978 of the Procurement

Code shall immediately be mailed to the Protestant and other bidders or offerors involved in the procurement (13-1-176, NMSA 1978).

CONSIDERATION OF BIDS:

RECEIPT, OPENING, AND RECORDING

Bids received on time will be opened publicly and will be read aloud, and an abstract of the amounts of the Base Bids and Alternates or bid items, if any, will be made available to the

Bidders. Each Bid shall be open to public inspection (13-1-107, NMSA 1978).

BID EVALUATION AND AWARD:

The Owner shall have the right to waive technical irregularities in the form of the Bid of the low

Bidder which do not alter the price, quality, or quantity of the services, construction, or items of tangible personal property bid (13-1-132, NMSA 1978).

It is the intent of the Owner to award a contract to the lowest responsible bidder, provided the Bid has been submitted in accordance with the requirements of the Bidding Documents. The unreasonable failure of a Bidder to promptly supply information in connection with an inquiry with respect to responsibility is grounds for a determination that the Bidder is not a responsible Bidder (13-1-133, NMSA 1978). See Section 6 as to Post-Bid Information that may be required of a Contractor as to qualifications.

If the Base Bid is within the amount of funds available to finance the construction, contract award will be made to the responsible Bidder submitting the low Base Bid; except that, if sufficient funds are available to fund alternates, the Owner may award the contract to the responsible Bidder submitting the low combined Bid within the amount of funds available (Base Bid plus or minus alternates).

Discrepancies in the Bid Form between words and figures will be resolved in favor of words.

Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

Conditional Bids or Bids with additional terms will not be accepted.

NOTICE OF AWARD

A written Notice of Award shall be issued by the Owner after review and approval of the bid and related documents by the Owner with reasonable promptness (13-1-100 and 13-1-108, NMSA 1978).

CANCELLATION OF AWARD

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

POST-BID INFORMATION:

SUBMITTALS TO AGENCY

Within seven (7) days after an approved contract is issued, the following shall be submitted to the Agency:

A. The required bonds and Certificate of Insurance.

EXECUTION AND APPROVAL OF CONTRACT:

The Contract shall be signed by the Successful Bidder and returned within fifteen (15) calendar days after the date of the Notice of Award. If the Contract is not executed by the Owner within one hundred twenty (120) days following receipt from the Bidder of the signed Contract, the Bidder shall have the right to withdraw his proposal without penalty. No Contract shall be effective until it has been fully executed by all of the parties thereto.

NOTICE TO PROCEED:

The Owner will issue a written Notice to Proceed to the Contractor stipulating the date from which Contract Time will be charged and the date Contract Time is to expire, subject to valid modifications of the Contract authorized by Change Order.

FAILURE TO EXECUTE CONTRACT:

Failure to return the signed Contract within fifteen (15) calendar days after the date of the Notice of Award shall be just cause for the cancellation of the award and the forfeiture of the Bid Security, which shall become the property of the Owner, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible Bidder, or the Work may be re-advertised and constructed under contract or otherwise, as the Owner may decide.

CONTRACTOR'S QUALIFICATIONS STATEMENT:

Bidders to whom award of a contract is under consideration shall submit, upon request, information and data to prove that their financial resources, production or service facilities, personnel, and service reputation and experience are adequate to make satisfactory delivery of the services, construction, or items of personal property described in the Bidding Documents (13-1-82, NMSA 1978). See Section 00400 as to form of Statement of Bidder's Qualifications.

OTHER INSTRUCTIONS TO BIDDERS:

The bid will be awarded on the base bid.

Agreement Forms Attachments:

Bid Form (Attachment 1)

Subcontractor Listing Form (Attachment 2)

New Mexico Employees Health Coverage Verification Form

(Attachment 3)

Assignment of Antitrust Claims (Attachment 4)

Sample Contract (Attachment 5)

Pending Change Order (Attachment 6)

Change Order (Attachment 7)

Field Change Order (Attachment 8)

Notice of Award (Attachment 9)

Notice to Proceed (Attachment 10)

Certificate of Final Completion (Attachment 11)

Wage Rate Determination (Attachment 12)

Bid Form (Attachment 1)

BID FORM

BIDDER’S Name & Address:

Telephone:

Fax:

Federal Tax ID#:

New Mexico Tax ID (CRS)#:

Email Address:

ITB NO.: 60-50500-26-32761

PROJECT NAME: El Camino Real

Historic Site Demolition

LOCATION: XXXXX

This Bid is submitted to:

GSD / State Purchasing Division

On behalf of the Owner:

DEPARTMENT OF CULTURAL

AFFAIRS

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the Owner in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Bidding Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract

Documents.

2. The Bidder accepts all of the terms and conditions of the Invitation for Bid and Instructions to

Bidders, including without limitation those dealing with the disposition of bid security and other Bidding Documents. This Bidder agrees their bid submission will remain valid for 120 days after the day of Bid opening. The Bidder shall sign and submit the Agreement between Owner and Contractor (hereinafter called Agreement) with the Bonds and other documents required by the Bidding Requirements within fifteen (15) calendar days after the date of the Owner's Notice to

Award.

3. In submitting this Bid, the Bidder represents, as more fully set forth in the Agreement, that:

A. The Bidder has examined copies of all the Bidding Documents and of the following

Amendments and Question/Answer (Q & A) documents (receipt of all of which is hereby acknowledged):

Amendment No.: Date: Yes: No:

Amendment No.: Date: Yes: No:

Amendment No.: Date: Yes: No:

Q & A No.: Date: Yes: No:

Q & A No.: Date: Yes: No:

Current Amendments and Q & A documents can be located on the New Mexico State Purchasing

Website below:

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

B. The Bidder has familiarized himself with the nature and extent of the Bidding Documents, Work, site, locality, and all local conditions, laws, and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work.

C. The Bidder has carefully studied all reports and drawings of subsurface conditions which are identified in the Information Available to Bidders and accepts the determination set forth in the Information Available to Bidders of the extent of the technical data contained in such reports and drawings upon which the Bidder is entitled to rely.

D. The Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Bidding Documents.

E. The Bidder has given the Architect/Engineer written notice of all conflicts, errors, and discrepancies that he has discovered in the Bidding Documents, and the written resolution thereof by the Architect/Engineer is acceptable to the Bidder.

F. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; the Bidder has not solicited or induced any person, firm, or corporation to refrain from bidding; and the Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner.

G. The Bidder acknowledges that he has attended any mandatory pre-bid conference scheduled by the Owner and/or the Architect/Engineer pertaining to this project.

H. The Bidder agrees to show clearly on the envelope in which the Bid is submitted the Project Name and Number, as well as State Purchasing's Invitation to Bid Number.

I. The Bidder will complete the Work for the following price(s) (do not include any gross receipts tax in the price(s)):

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

A. LUMP SUM PRICE (please use typewriter or print legibly in ink) Base Bid (use words):

5. The Bidder agrees that:

A. The Work to be performed under this Contract shall be commenced not later than fifteen (15) consecutive calendar days after the date of written Notice to Proceed , and that Substantial

Completion shall be achieved not later than 150 calendar days after the date of written Notice to Proceed, except as hereafter extended by valid written Change Order by the Owner.

B. Should the Contractor neglect, refuse, or otherwise fail to complete the Work within the time specified, the Contractor agrees to pay to the Owner in partial consideration for the award of this Contract the amount of (One-Hundred) dollars ($100.00) per consecutive calendar day, not as a penalty, but as liquidated damages for such breach of the Contract.

C. The above prices shall include all labor, materials, removal, overhead, profit, insurance, taxes (not including gross receipts tax), etc., to cover the finished work of the several kinds called for. Changes shall be processed in accordance with the Contract Documents.

D. It is understood that the Owner reserves the right to reject any or all Bids and to waive any technical irregularities in the bidding.

6. The following documents are attached to and made a condition of this Bid:

THIS IS THE ATTACHMENT CHECKLIST:

A. ____ Bid Security with Agent's Affidavit

B. _____Subcontractors Listing (must be complete, name, city/county, trade) or “by General

Contractor” and their current valid Public Works Registration Number

BIDDER MUST FILL IN THE FOLLOWING (if none, write none)

CID NM License Number: ________________________________________________________

Classification: __________________________________________________________________

Resident Contractor's Preference Number: _________________________________________

Public Works Registration Number:

Pursuant to: 13-4-13.1. Public works contracts; registration of contractors and subcontractors.

Submitting a bid valued at more than $60,000 for any portion of a public works project greater than $60,000 that is subject to the New Mexico Public Works Act is required to be registered with the Labor and Industrial Division of the Department of Workforce Solutions prior to submitting a bid. The DEPARTMENT OF CULTURAL AFFAIRS may reject any and all bids that, fail to provide a Public Works Registration number for the prime contractor and all other listed contractors or subcontractors. All licenses and certifications MUST be Active by the time bids are due.

7. The terms used in this Bid and the Bidding and Contract Documents which are defined in the Conditions of the Construction Contract (General, Supplementary, and Other Conditions), included as part of the Bidding Documents, have the meanings assigned to them in those Conditions.

8. If the Bidder is.

A. An INDIVIDUAL:

By

(Individual's Signature) doing business as

Business address

Telephone: ( ) FAX: ( )

(SEAL)

B. A PARTNERSHIP:

By (Firm Name)

(General Partner's Signature)

Business address

Telephone: ( ) FAX: ( )

(SEAL)

C. A CORPORATION:

Corporation Name: _______________________________________________________

State of Incorporation: ____________________________________________________

By: _______________________________ (Name of Person Authorized to Sign)

Title: ____________________

If a New Mexico Corporation: ______________________________________________ NM Certificate of Incorporation Number

If a Foreign Corporation: ___________________________________________________ NM Certificate of Incorporation Number

Attest (Secretary): ________________________________________________________

Business address: _________________________________________________________

Telephone: ( )___________________ Fax: ( )________________________

D. A JOINT VENTURE:

By: _____________________________________________________________________ (Name)

Address: ________________________________________________________________

Telephone: ( )___________________ Fax: ( )________________________

By: _____________________________________________________________________ (Name)

Address: ________________________________________________________________

Telephone: ( )___________________ Fax: ( )________________________

Each Joint Venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated in the appropriate category.

END OF BID FORM

Subcontractor Listing Form (Attachment 2)

SUBCONTRACTOR LISTING REQUIREMENTS

This form was developed in conjunction with the New Mexico Branch Association of General Contractors, to help clarify requirements under the “Sub-Contractors Fair Practices Act” of 1988, Sections 13 -4-31 to 13-4-42 NMSA 1978, and subsequent changes thereto. Architects, State Agencies and Local Public Bodies are encouraged to use it when soliciting

Public Works Projects, as that term is defined in the procurement code, Sections 13-1-66.1 and 13-1-91 NMSA 1978.

Date: ___________ Project No.: ________________________ Bid No.: _______________________

Project Name: _____________________________________________________________________

Contractor: _______________________________________________________________________

Authorized Signature: _______________________________________________________________

In accordance with the “Subcontractor Fair Practices Act”, the following listing is required to be submitted with this bid:

1) Name of each subcontractor who will be performing work or rendering service on the public works project and whose total contract will be greater than $5,000.00.

2) Location of place of business (city or county).

3) Type of work and/or service to be performed by the subcontractor.

4) Public Works Registration No. for any subcontractors that submit a bid over

$60,000 for a public work project. The owner may not accept a bid on a public works project from a subcontractor that does not provide proof of the required registration. If the value of the work is below the $60,000 threshold requiring registration, note “BELOW THRESHOLD” under Public Works Registration No.

NOTE: YOUR BID MAY BE DEEMED NON-RESPONSIVE IF ALL (4) ITEMS ABOVE ARE NOT

ADDRESSED

Note: The Statute Does Not Require The Following Listings:

(1) 2nd tier subcontractors;

(2) Material, suppliers;

(3) Subcontractors whose contract is less than the greater of A or B above.

Be advised, the Architect Engineer may require additional information By signing this document, the contractor and/or subcontractor agrees that any and all claims which the firm may have or may inure to it for overcharges resulting from antitrust violations as to goods, services and materials purchased in connection with the above referenced project are hereby assigned to the State of New Mexico, but only to the extent that such overcharges are passed on to the State. It is agreed that the firm retains all rights to any such antitrust claims to the extent of any overcharges not passed on to the State, including the right to any treble damages attributable thereto.

List of Subcontractors: (Please do not include suppliers)

Name & License No. Address (City or County) Work (trade) to be performed Public Works Registration

No.

Name & License No. Address (City or County) Work ( trade) to be performed Public Works

Registration No.

Name & License No. Address (City or County) Work (trade) to be performed Public Works Registration

No.

Name & License No. Address (City or County) Work (trade) to be performed Public Works

Registration No.

Name & License No. Address (City or County) Work (trade) to be performed Public Works

Registration No.

Name & License No. Address (City or County) Work (trade) to be performed Public Works

Registration No

Name & License No. Address (City or County) Work(trade) to be performed Public Works

Registration No

Name & License No. Address (City or County) Work (trade) to be performed Public Works

Registration No

Name & License No. Address (City or County) Work (trade) to be performed Public Works

Registration No

Name & License No. Address (City or County) Work (trade) to be performed Public Works Registration

No.

Name & License No. Address (City or County) Work ( trade) to be performed Public Works

Registration No.

Name & License No. Address (City or County) Work (trade) to be performed Public Works Registration

No.

Name & License No. Address (City or County) Work (trade) to be performed Public Works

Registration No.

Name & License No. Address (City or County) Work (trade) to be performed Public Works

Registration No.

Name & License No. Address (City or County) Work (trade) to be performed Public Works

Registration No

Name & License No. Address (City or County) Work(trade) to be performed Public Works

Registration No

Name & License No. Address (City or County) Work (trade) to be performed Public Works

Registration No

Name & License No. Address (City or County) Work (trade) to be performed Public Works

Registration No

New Mexico Employees Health Coverage Verification Form

(Attachment 3)

New Mexico Employees Health Coverage Verification Form

CONTRACTOR NAME: ___________________________________

A. If Contractor has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Contractor certifies, by signing this agreement, to:

(1) have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2008 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed one million dollars or;

(2) have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2009 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $500,000 dollars or;

(3) have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2010 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.

B. Contractor agrees to maintain a record of the number of employees who have (a) accepted health insurance; (b) declined health insurance due to other health insurance coverage already in place;

or (c) declined health insurance for other reasons. These records are subject to review and audit by a representative of the state.

C. Contractor agrees to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information: http://bewellnm.com.

D. For Indefinite Quantity, Indefinite Delivery contracts (price agreements without specific limitations on quantity and providing for an indeterminate number of orders to be placed against it);

Contractor agrees these requirements shall apply the first day of the second month after the offeror reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000, $500,000 or $1,000,000, depending on the dollar value threshold in effect at that time.

(Check one)

____ I have less than 6 employees at this time.

____ I agree with the terms and conditions stated above.

Signature Date http://bewellnm.com/

Assignment of Antitrust Claims (Attachment 4)

ASSIGNMENT OF ANTITRUST CLAIMS

TO BE EXECUTED BY GENERAL CONTRACTORS, SUBCONTRACTORS, SUPPLIERS,

AND SUBSUBCONTRACTORS OF CONTRACTORS ON STATE CONTRACTS.

FIRM NAME: PROJECT:

ADDRESS:

PROJECT NO:

PHONE NO.:

agrees that any and all claims which it may have or may inure to it for overcharges resulting from antitrust violations as to goods, services, and materials purchased in connection with the above-referenced project are hereby assigned to the State of New Mexico, but only to the extent that such overcharges are passed on to the State. It is agreed that the undersigned retains all rights to any such antitrust claims to the extent of any overcharges not passed on to the State, including the right to any treble damages attributable thereto.

FIRM:

BY:

Signed by Individual empowered to obligate Suppliers, Subcontractors, or Subsubcontractors

TITLE:

Sample Contract (Attachment 5)

Agreement Between Owner and Contractor

Revised (04/28/2022)

STATE OF NEW MEXICO

CONTRACT FOR CONSTRUCTION

AGREEMENT

BETWEEN OWNER AND CONTRACTOR

2017 EDITION, VERSION 1.0, Part A of three parts

Distribution to:

____ Owner ____ Contractor ____ Arch/Eng.

____ DFA

____ GSD/ASD

____ Purchasing Division

Contract Number: XX-XXXXX-XX-XXXXX

ITB/RFP# XX-XXXXX-XX-XXXXX

This Agreement entered into this day of , 2024, by and between the parties as follows:

THE OWNER:

XXXXXXXXXXXXXXXXX

Facilities Management Division General Services Department PO Box 6850

2542 Cerrillos Road Santa Fe, New Mexico 87502

TELEPHONE: (505) 827-2141

FAX: (505) 827-2181

THE CONTRACTOR:

XXXXXX.

XXXXXX

XXXXXX

FOR THE FOLLOWING PROJECT:

(Project Name)

Building Number: X

ARCHITECT/ENGINEER OF RECORD:

(Name of A/E on Record)

(Name of Firm)

(Address)

Telephone: (505)

Fax: (505)

Email:: XXX

RECITALS

(Option 1)

WHEREAS, the New Mexico State Board of Finance funded the above-referenced Project at its’ XXXX meeting;

and

(Option 2)

WHEREAS, the New Mexico State Legislature, pursuant to Laws of XXXX, Chapter XX, Section X, funded the above-referenced Project; and

WHEREAS, the Owner, through its Director, is authorized to enter into a construction contract for the Project pursuant to Sections 13-1-100 (Repl.Pamp.2002), 15-3B-4(10), and 15-3B-6, NMSA 1978; and

WHEREAS, the Owner has let this contract according to the established State Purchasing procedures for Contracts of the type and amount let; and

WHEREAS, the award of the Construction Contract on this Project was approved by the State Board of Finance at its’ XXXX meeting.

The OWNER and the CONTRACTOR agree as set forth below:

ARTICLE 1

THE CONTRACT DOCUMENTS

The Contract Documents consist of the following:

This Agreement – Part A Notice to Proceed Performance Bond Drawings

Labor and Material Payment Bond Specifications Certificate of Insurance Agent's Affidavit Notice of Award Assignment of Antitrust Claims

Contractor’s Bid Dated: Conditions of the Contract (General Conditions Part B)(Supplementary Conditions

Part C)

ITB & All Addenda Issued Prior to, and all Modifications

Issued after Execution of this Contract

These documents form the Contract, and all are as fully a part of the Contract, as if attached to this Agreement, or repeated herein. An enumeration of the Contract Documents appears in Article 5.

ARTICLE 2

THE WORK

The Contractor shall perform all the Work required by the Contract Documents for the following:

• XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

ARTICLE 3

TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

The Work to be performed under this Contract shall commence no later than ten (10) consecutive calendar days after the date of written “Notice to Proceed”. Substantial Completion shall be achieved not later than XXX calendar days after the date of written “Notice to Proceed”, except as hereafter extended by the Owner by valid written Change Order.

Should the Contractor neglect, refuse, or otherwise fail to complete the Work within the time specified in this article, the Contractor agrees, in partial consideration for the award of this Contract, to pay to the Owner the amount of

XXXX Dollars ($ XXXX.00) per consecutive calendar day, not as a penalty, but as liquidated damages for such breach of this Contract.

ARTICLE 4

CONTRACT SUM

The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of XXXXXXX and

XXXXXXX and XXXXXX Dollars and no Hundredths ($XXXXX.), including New Mexico Gross Receipts Tax.

(INSERT DATA FROM BID FORM CONCERNING BASE BID, ALTERNATES, BID LOTS, ETC.)

The Contract sum is determined as follows:

Lump Sum $

Add Alt #1 $

Add Alt #2 $

Sub-total $

Gross Receipts Tax @ X.XXXXX% $

Contract Sum $

Total amount to be encumbered for

Contract No. XX-XXXXX-XX-XXXXX $

If the state gross receipts tax or local option tax increases the Contractor must submit a request for a change order in order to increase the state gross receipts tax or local option tax on this Contract (1.4.1.24 NMAC).

Contracts solicited by competitive sealed bids shall require that the bid amount exclude the applicable state gross tax or local option tax but that the contracting agency shall be required to pay the tax including any increase in the tax becoming effective after the contract is entered into. The tax shall be shown as a separate amount on each billing or requests for payment made under the contract.

ARTICLE 5

GENERAL AND SPECIAL PROVISIONS

5.1 This Agreement shall be governed exclusively by the provisions hereof, and by the laws of the State of New Mexico, as the same from time to time exist.

5.2 Terms used in this Agreement, which are defined in the Conditions of the Contract, shall have the meanings designated in those Conditions.

5.3 This Agreement shall neither become effective nor binding until:

A. Approved by the State Purchasing Agent; and B. Signed by all parties which are required to sign this Agreement.

5.4 The Contractor and his agents and employees are independent contractors, and are not employees of the State of New Mexico. The Contractor and his agents and employees shall not accrue leave, retirement, insurance, bonding, use of State vehicles, or any other benefits afforded to employees of the State of New Mexico, as a result of this Contract.

5.5 The Contractor agrees not to purport to bind the State of New Mexico to any obligation not assumed herein by the State of New Mexico unless the Contractor has express written authority to do so, and then only within the strict limits of that authority.

5.6 Notices. All notices herein provided to be given, or which may be given, by either party to the other shall be deemed to have been fully given when made in writing and deposited in the United States mail, postage prepaid - in the instance of notice of termination of work also by certified mail - and addressed as follows:

THE OWNER:

XXX, Director Facilities Management Division PO Box 6850

2542 Cerrillos Road Santa Fe, NM 87502

Telephone: (505) 827-2141 Fax: (505) 827-2181

THE CONTRACTOR:

Nothing herein contained shall preclude the giving of any such written notice by personal service. The address to which notices shall be mailed to either party may be changed by written notice given by such party to the other as here in above provided.

5.7 Gender, Singular/Plural. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context requires otherwise.

5.8 Captions and Section Headings. The captions and section headings contained in this Agreement are for convenience of reference only, and in no way limit, define, or enlarge the terms, scope, and conditions of this Agreement.

5.9 This document shall be executed in no less than four (4) counterparts, each of which shall be deemed an original.

5.10 Certificates and Documents Incorporated. All certificates and documentation required by the provisions of this Agreement shall be attached to this Agreement at the time of execution and are hereby incorporated by reference as though set forth in full in this Agreement to the extent they are consistent with its conditions and terms.

5.11 Separability. If any clause or provision of this Agreement is illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, then and in that event it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby.

5.12 Waiver. No provision of this Agreement shall be deemed to have been waived by either party unless such waiver be in writing signed by the party making the waiver and addressed to the other party; nor shall any custom or practice which may evolve between the parties in the administration of the terms hereof be construed to waive or lessen the right of either party to insist upon performance by the other party in strict accordance with the terms hereof. Further, the waiver by any party of a breach by the other party of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition thereof.

5.13 Entire Agreement. This Agreement represents the entire contract between the parties and, except as otherwise provided herein, may not be amended, changed, modified, or altered without the written consent of the parties hereto. This Agreement incorporates all of the conditions, Agreements, and understandings between the parties concerning the subject matter of this Contract, and all such conditions, understandings, and agreements have been merged into this written Contract. No prior condition, agreement, or understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this written Agreement.

5.14 Interchangeable Terms. For purposes of all provisions within this Agreement and all attachments hereto, the terms "Agreement" and "Contract" shall have the same meaning and shall be interchangeable.

5.15 Words and Phrases. Words, phrases, and abbreviations, which have well-known technical or trade meanings used in the Contract Documents shall be used according to such recognized meanings. In the event of a conflict, the more stringent meaning shall govern.

5.16 Relationship of Contract Documents. The Contract Documents are complementary, and any requirement of one contract document shall be as binding as if required by all.

5.17 The Contract Documents, which constitute the entire Contract between the Owner and the Contractor, are listed in Article 1, and except for Modifications issued after execution of this Contract, are enumerated as follows:

5.17.1 The documents bound in the ITB/RFP, including Appendixes, dated XXXX:

5.17.2 Amendments:

No. 1 Description: Date:

No. 2 Description: Date:

No. 3 Description: Date:

5.18 The Contractor or a potential contractor, agrees to comply with state laws and rules pertaining to Worker’s

Compensation insurance coverage for its employees. If contractor fails to comply with the Worker’s Compensation Act, and applicable rules when required to do so, the contract may be canceled effective immediately.

5.19 New Mexico Employees Health Coverage.

A. If Contractor has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Contractor certifies, by signing this agreement, to have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2010 if the expected annual value in the aggregate of any and all contracts between

Contractor and the State exceed two hundred fifty thousand ($250,000) dollars.

B. Contractor agrees to maintain a record of the number of employees who have (a) accepted health insurance; (b) declined health insurance due to other health insurance coverage already in place; or (c) declined health insurance for other reasons. These records are subject to review and audit by a representative of the state.

C. Contractor agrees to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information: http://www.bewellnm.com.

END OF ARTICLE 5

http://www.bewellnm.com/

Contract No.: XX-XXXXX-XX-00XXX

REVIEWED:

AS TO CONTRACTOR'S REGISTRATION

TAXATION AND REVENUE DEPARTMENT: The records of the Department reflect that the Contractor is registered to pay gross receipts and compensating taxes under the following New Mexico State Tax ID Number:

XXX

By:

Title: Date:

AS TO LEGAL FORM AND SUFFICIENCY

General Counsel, By:

GSD

APPROVED:

CONTRACTOR: By:

Name

Federal Tax Identification Number: XXX

OWNER: By:

Facilities Management

Division, GSD…