60-80500-25-17170_60-80500-25-17170 CONCHAS LAKE AIRPORT RUNWAY & TAXIWAY RECONSTRUCTION ITB_with Contract template_Final.pdf.PDF

STATE PURCHASING DIVISION (GSD)

(505) 827-0472

BIDDER:

Name:

Address:

Phone:

Fax:

E-mail:

INVITATION TO BID

CONSTRUCTION CONTRACT

PROCUREMENT NUMBER: 60-80500-25-17170

Sealed bid opening FORMAL

NM STATE PURCHASING DIVISION

PROJECT NAME:

Conchas Lake Airport Runway & Taxiway Reconstruction ITB

BID DUE DATE: July 29,2025 TIME: 2:00pm Procurement Specialist: James Ortega Contact Number: 505-795-2516 Contact Email: james.ortega@gsd.nm.gov

ARCHITECT/ENGINEER OF RECORD:

MOLZEN CORBIN

2701 Miles Road, SE Albuquerque, New Mexico 87106

IMPORTANT

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

Agency (Owner)/Point of Contact:

Angela Martinez, 505-570-7940

ANGELAL.MARTINEZ2@DOT.NM.GOV

Bids must be submitted electronically, via eProNM only. Please see Bid Submission Instructions on page 2.

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?con text=%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#

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."

https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx 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

INVITATION TO BID page 2

Bidding Documents:

OBTAINING CONTRACT DOCUMENTS:

Drawings, Specifications, and other Contract Documents may be obtained by contacting ARI Graphix (www.ariplans.com), 4716 McLeod Rd NE, Albuquerque, New Mexico 87109.

Contact ARI Graphix for costs of printing CONTRACT DOCUMENTS (non-refundable) at (505) 884-0862.

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 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.ariplans.com/

INVITATION TO BID page 3 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.

A completed Subcontractor Listing Form must accompany each bid.

Bonds:

Bid security shall be required of bidders or offerors for construction contracts when the price is estimated by the procurement officer to exceed twenty-five thousand dollars ($25,000). Bid security in an amount equal to at least five percent of the amount of the bid shall be a bond provided by a surety company authorized to do business in this state and listed in the United States Treasury Department circular 570. The equivalent in cash or otherwise supplied in a form satisfactory to the State Purchasing Agent may be substituted with prior written permission from the State Purchasing Agent and received by the State Purchasing Agent prior to submission of bid for the bidder or offeror to be considered responsive.

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:

This project will be utilizing federal funds, therefore New Mexico preferences will not be applicable to this ITB.

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.

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:

END OF INVITATION TO BID

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

NMA241-11

Project Manual

Including Specifications for

The Construction of

NEW MEXICO DEPARTMENT OF

TRANSPORTATION – AVIATION DIVISION

CONCHAS LAKE AIRPORT

RUNWAY AND TAXIWAY RECONSTRUCTION

CONCHAS, NM 88416

MARCH 2025

A.I.P. 3-35-00xx-0XX-2025

NMDOT AD E89-25-01

OWNER: NMDOT Aviation

3501 Access Rd C

P.O. 9830

ENGINEER: MOLZEN CORBIN

2701 Miles Road, SE

NMA241-11 Table of Contents

TABLE OF CONTENTS

SECTION PAGE

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

INSTRUCTIONS TO BIDDERS ............................................................................................. IB-1

SPECIAL PROVISIONS ........................................................................................................... SP-1

CONTRACT PROVISION GUIDELINES FOR OBLIGATED SPONSORS AND

AIRPORT IMPROVEMENT PROGRAM PROJECTS ...................................................... Page 1

STATE WAGE RATES

FEDERAL WAGE RATES

FAA ADVISORY CIRCULARS

AC 150/5210-5D .............................................................................................................. 1-1

AC 150/5370-2G .............................................................................................................. 2-1

BID FORM ............................................................................................................................ BID-1

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER...................................................... NCA-1

CERTIFICATION OF BIDDER REGARDING

EQUAL EMPLOYMENT OPPORTUNITY .................................................................. EEO-1

CERTIFICATION OF NONSEGREGATED FACILITIES ................................................. EEO-2

DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION .......................... DBE-1

CERTIFICATION OF BIDDER REGARDING

BUY AMERICAN REQUIREMENTS ............................................................ Buy American-1

SUBCONTRACTOR FAIR PRACTICE ACT COMPLIANCE ......................................... SCFP-1

BID BOND .............................................................................................................................. BB-1

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

AGREEMENT ....................................................................................................................... AGR-1

PAYMENT BOND ................................................................................................................PAYB-

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

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

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

SUPPLEMENTARY GENERAL CONDITIONS ................................................................... SC-1

FAA GENERAL PROVISIONS

SECTION 10 – DEFINITION OF TERMS......................................................................... 10-1

SECTION 20 – PROPOSAL REQUIREMENTS AND CONDITIONS ............................ 20-1

SECTION 30 – AWARD AND EXECUTION OF CONTRACT ...................................... 30-1

SECTION 40 – SCOPE OF WORK .................................................................................... 40-1

SECTION 50 – CONTROL OF WORK ............................................................................. 50-1

SECTION 60 – CONTROL OF MATERIALS ................................................................... 60-1

SECTION 70 – LEGAL REGULATIONS AND

RESPONSIBILITY TO PUBLIC .............................................................. 70-1

SECTION 80 – EXECUTION AND PROGRESS .............................................................. 80-1

SECTION 90 – MEASUREMENT AND PAYMENT ....................................................... 90-1

NMA241-11 Table of Contents

SUPPLEMENTAL GENERAL PROVISIONS ..................................................................... SGP-1

TECHNICAL SPECIFICATIONS

ITEM C-100 Contractor Quality Control Program .......................................... Item C-100-1

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

.......................................................................................................................... Item C-102-1

ITEM C-105 Mobilization ............................................................................... Item C-105-1

ITEM D-705 Pipe Underdrains for Airports .................................................... Item D-705-1

ITEM P-101 Preparation/Removal Of

Existing Pavements .......................................................................................... Item P-101-1

ITEM P-152 Excavation, Sugrade and Embankment ...................................... Item P-152-1

ITEM P-207 In-Place Full Depth Reclamation (FDR) Recycled Asphalt Aggregate Base

Course .............................................................................................................. Item P-207-1

ITEM P-403 – Asphalt Mix Pavement Base and Surface

Course ………………………………………………………………………..Item P-403-1

ITEM P-602 – Prime Coat ............................................................................... Item P-602-1

ITEM P-603 Emulsified Tack Coat…………………………………………..Item P-603-1

ITEM P-620 Runway and Taxiway Marking………………………………...Item P-620-1

Attachment A-1..........................................................................Contract Award Template

ADVERTISEMENT FOR BIDS

ADVERTISEMENT FOR BIDS

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.

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.

for: Conchas Lake Airport Runway and Taxiway Reconstruction in accordance with the Drawings, Specifications, and other Contract Documents prepared by Molzen- Corbin & Associates, 2701 Miles Rd., Albuquerque, New Mexico, Phone (505) 242-5700.

No Pre-Bid Conference to be held.

OBTAINING CONTRACT DOCUMENTS: Drawings, Specifications, and other Contract Documents may be obtained by contacting ARI Graphix (www.ariplans.com), 4716 McLeod Rd NE, Albuquerque, New Mexico 87109. Contact ARI Graphix for costs of printing CONTRACT DOCUMENTS (non- refundable) at (505) 884-0862.

The Bidder’s attention is called to the Wage, Labor, EEO, and Safety Requirements bound within these documents. The proposed Contract is subject to the following federal provisions: Buy American Preference, Civil Rights Title IV Assurances, David Bacon Requirements, Debarment and Suspension, Disadvantaged Business Enterprises, Foreign Trade Restriction, Lobbying Federal Employees, and Recovered Materials.

Title VI Solicitation Notice.

The NMDOT Aviation Divisoin, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.

252, 42 USC §§ 2000d to2000d-4) and the Regulations, hereby notifies all Bidders or Offerors that it will affirmatively ensure that any Contract entered into pursuant to this Advertisement, Disadvantaged Business Enterprises will be afforded full and fair opportunity to submit Bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity

1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables

AFB-1

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

AFB-2

Goals for minority participation for each trade: 38.3%

Goals for female participation in each trade: 6.9%

These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from

Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4.

Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract

Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is

Conchas Lake, Quay County, New Mexico.

The Bidder must supply all the information required by the Bid Form.

The successful Bidder will be required to submit a Certification of Nonsegregated Facilities prior to award of the contract, and to notify prospective subcontractors of the requirement for such a Certification where the amount of the subcontract exceeds $10,000. Samples of the Certification and Notice to Subcontractors appear in the specifications.

Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for the employment of minorities.

For contracts of $50,000 or more, a Contractor having 50 or more employees, and their subcontractors having 50 or more employees and who may be awarded a subcontract of $50,000 or more, will be required to maintain an affirmative action program within 120 days of the commencement of the contract.

Pre-Award Equal Opportunity Compliance Reviews. Where the Bid of the apparent low responsible Bidder is in the amount of $1 million or more, the Bidder and their known all-tier subcontractors which will be awarded subcontracts of $1 million or more will be subject to full on-site, pre-award equal opportunity compliance reviews before the award of the contract for the purpose of determining whether the Bidder and their subcontractors are able to comply with the provisions of the equal opportunity clause.

AFB-3

Compliance Reports. Within 30 days after award of this contract, the Contractor shall file a compliance report (Standard Form 100) if:

(a) The Contractor has not submitted a complete compliance report within 12 months preceding the date of award; and

(b) The Contractor is within the definition of “employer” in Paragraphs 2e(3) of the instructions included in Standard Form 100. The Contractor shall require the subcontractor on all-tier subcontracts, irrespective of dollar amount, to file Standard Form 100 within 30 days after award of the subcontract if the above two conditions apply. Standard Form 100 will be furnished upon request.

TO BE PUBLISHED 2025 in the Albuquerque Journal .

TO BE PUBLISHED: , 2025 at

INSTRUCTIONS TO BIDDERS

IB-1

INSTRUCTIONS TO BIDDERS

1. TIME AND PLACE OF RECEIVING AND OPENING OF BIDS: This information will be found in the “Advertisement for Bids.” Delivery of bids to the proper place shall be the sole responsibility of the Bidder. Bids received after the specified time will be returned to the Bidder unopened.

2. SPECIFICATIONS, FEES, AND TAXES

a. Specifications: The construction of this Project will be in accordance with the standards and contract requirements set forth herein.

b. License and Royalty Fees: All license and royalty fees for products or for processes shall be paid directly by the Contractor.

c. Taxes: The Bidder shall include all applicable taxes, except New Mexico Gross Receipts Tax, in all bid amounts, including Lump Sum, Unit Price and Alternate Bid amounts. The Bid shall contain a separate entry for New Mexico Gross Receipts Tax immediately preceding the Base Bid - Total Amount. All Alternates shall contain a separate entry for New Mexico Gross Receipts Tax immediately preceding the total amount of the Alternate.

No Unit Prices nor Lump Sum Amounts contained within the bid shall include New Mexico Gross Receipts Tax.

3. INTERPRETATION OF DOCUMENTS: If any person contemplating submitting a Bid for the work is in doubt as to the meaning of any part of the plans, specifications, or other contract documents, he may submit to the Engineer a written request for an interpretation thereof at any time prior to three (3) working days before the time of opening of bids. Any interpretation of the documents will be made only by addendum duly issued. No verbal response shall be binding.

4. ADDENDA: Each addendum shall be a part of the Contract Documents to the same extent as though contained in the original documents and itemized listings thereof, and all Bidders shall be bound by such Addenda. Each Bidder shall ascertain, prior to submitting the bid, that the Bidder has received all Addenda issued, and shall acknowledge receipt of each Addendum on his Bid.

5. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

Before submitting his Bid, each Bidder must:

a. Examine the Contract Documents thoroughly.

b. Visit the site to familiarize himself with local conditions that may in any manner affect the performance of the work and employment of labor thereon.

c. Familiarize himself with federal, state, and local laws, ordinances, rules and regulations affecting performance of the work and employment of labor thereon.

d. Carefully correlate his observations with the requirements of the Contract Documents.

IB-2

6. SUBMISSION OF BIDS: Bids shall be made on the printed forms, which are a part of these Contract Documents, without separation from the documents. Prices shall be filled in for all items in the Bid including alternates, as required in the Bid form. Prices shall be shown in numerals in ink, printed or typed in the spaces provided. Alterations to bid amounts by erasures or by interlineations shall be initialed by the signer of the Bid. Any Bid not duly signed will not be considered. All Bid shall be submitted and received with the understanding that the Bidder accepts the terms and conditions contained herein. Each Bidder must complete the form regarding Buy American Requirements and Non-Collusion Affidavit of Prime Bidder, if applicable, and any other such documents bound in the Contract Documents immediately following the Bid and required to be completed, prior to submitting the Bid. Each Bid shall be placed in a sealed opaque envelope marked “E89 Runway & Taxiway Reconstruction”, Opening No. 2025-XX” with the project title and name and address of the Bidder and addressed to New Mexico Department of Transportation

– Aviation Division, 3501 Access Rd C, Albuquerque, NM 87106 and submitted as provided in the Advertisement for Bids.

7. MODIFICATION AND WITHDRAWAL OF BIDS: Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the scheduled closing time for the opening of bids.

8. OPENING OF BIDS

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

a. Announce the name of the Bidder.

b. Verify Bidder’s acknowledgment of addenda.

c. Determine whether the Bid Proposal is signed.

If any of the above requirements have not been met, the bid shall be read after the deficiency or deficiencies have been announced and noted.

9. BID CONSIDERATION TIME: The Owner will require time to study and canvass each Bid and to determine the Bid it deems to be in the best interest of the Owner to accept. In consideration thereof, no Bid may be withdrawn after the scheduled closing time for receipt of bids for the period of time specified in the Bid.

10. QUALIFICATION OF BIDDERS: The Owner may make such investigation as it deems necessary to determine the ability of the bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated herein.

IB-3

11. AWARD OF CONTRACT

a. The Owner reserves the right to reject any and all bids and waive any and all informalities and irregularities and the right to disregard all nonconforming or conditional bids or counter bids. The Owner reserves the right to cancel the opportunity for submission of bids. The Owner further reserves the right to reject for the Owner’s convenience all bids submitted. Bidders shall not be entitled to recover damages of any nature against the Owner for the Owner’s rejection of all bids, for cause or for convenience.

b. If a Contract is awarded, it will be awarded to the lowest responsible Bidder on the basis of the sum of the Base Bid and any alternates accepted by the NMDOT – Aviation Division, provided, however, that if the Bid is a Unit Price Bid and there is a discrepancy between the amount shown as the Base Bid or an Alternate and the actual total amount of the Bid Items determined by the Estimated Quantity shown for that Bid Item, adding each such amount to obtain a subtotal amount, it will be awarded to the lowest responsible Bidder on the actual total amount of the Base Bid, or Base Bid with selected alternates.

Alternates, if any, and if accepted, will be accepted in the order in which they are listed on the Bid Form. However, the NMDOT – Aviation Division shall reserve the right to accept alternates in any order, which does not affect the determination of the low bidder.

c. In the event that two or more of the bids submitted are identical in price and are the low bid, the Owner may award the Contract by lottery to one of the identical low Bidders.

d. If the Contract is to be awarded, the Owner will give the apparent successful Bidder a Notice of Award within the period specified in the Bid unless the Bidder and the Owner agree to extend the period specified.

12. GUARANTEE PROVISIONS: The Contractor shall guarantee the work as provided in the

Contract Documents.

13. COLLUSION: No Bidder shall be interested in more than one bid. Collusion among Bidders, or the submission of more than one bid under different names by any firm or individual, shall be cause for rejection of all such bids without consideration.

14. WORKERS’ COMPENSATION INSURANCE /NON-RESIDENT CONTRACTORS:

Notice is hereby given that in addition to the requirements of the General Conditions of the Contract, non-resident contractors shall comply with the provisions of Sections 52-1-66; 59A-17- 10.1; 59A-18-1; and 59A-18-12 NMSA 1978, pertaining to the workers’ compensation insurance policy and rate for employers not domiciled in New Mexico.

SPECIAL PROVISIONS

SPECIAL PROVISIONS

The following provisions are hereby made a part of the Contract Documents:

1. SCOPE: The construction to be accomplished under this Contract shall consist of furnishing all labor, materials, equipment, tools, appliances, and appurtenances necessary for the construction work as shown on the accompanying set of Plans and as specified in the Contract Documents and Technical Specifications.

2. SCHEDULE: The Contractor shall schedule his work in such a manner as to allow the airport to operate with minimal closures of runways and taxiways. A construction phasing plan has been presented in the construction drawings and this plan shall be followed by the Contractor. The Contractor may submit an alternative phasing plan for approval, so long as the proposed phasing plan complies with the general intent of the original plan.

3. LOCATION: All of the proposed improvements are located at the Conchas Lake Airport .

4. PLANS: The work shall conform to the accompanying set of Plans, indexed as follows, which are made a part of the Contract Documents:

SEQ. SHEET NO. TITLE

1 G-001 TITLE SHEET

2 G-002 PROJECT INFORMATION SHEET

3 G-003 CONSTRUCTION PHASING/SAFETY PLAN

4 C-101 AIRPORT LAYOUT DRAWING SITE PLAN

5 C-102 EXISTING SITE/DEMOLITION PLAN

6 C-103 GEOMETRY LAYOUT PLAN

7 C-104 GEOMETRY LAYOU PLAN

8 C-105 RUNWAY 9-27 EDGE DRAIN PLAN

C-201 RUNWAY 9-27 PLAN AND PROFILE

C-202 RUNWAY 9-27 PLAN AND PROFILE

C-203 RUNWAY 9-27 PLAN AND PROFILE

C-204 RUNWAY 9-27 PLAN AND PROFILE

C-205 TAXIWAY A PLAN AND PROFILE

C-206 TAXIWAY A PLAN AND PROFILE

C-207 TAXIWAY A PLAN AND PROFILE

C-208 TAXIWAY A PLAN AND PROFILE

C-209 TAXIWAY PLAN AND PROFILE

C-210 TAXIWAY A CONNECTORS PLAN AND PROFILE

C-301 AIRFIELD MARKING PLAN

C-302 AIRFIELD MARKING PLAN

C-303 AIRFIELD MARKING PLAN

C-501 TYPICAL PAVEMENT SECTIONS AND DETAILS

C-502 AIRFIELD MARKING DETAILS

C-503 EDGE DRAIN LINE DETAILS

E-101 AIRFIELD REFLECTOR PLAN (ADDITIVE ALTERNATE)

E-102 AIRFIELD REFLECTOR PLAN (ADDITIVE ALTERNATE)

E-103 AIRFIELD REFLECTOR PLAN (ADDITIVE ALTERNATE

E-104

RUNWAY END REFLECTOR LAYOUT PLANS (ADDITIVE

ALTERNATE)

E-105 REFLECTOR COORDINATE TABLE (ADDITIVE ALTERNATE)

These plans may be modified either prior to, or during construction at the discretion of the Engineer, in order to improve or facilitate the construction or to overcome unforeseen obstacles encountered. The lines and grades as they appear on the plan sheets are assumed to be final; however, the Engineer reserves the right to change them, within reasonable limits, without affecting the unit prices bid.

5. TEMPORARY UTILITIES: The Contractor shall make his own arrangements for sanitary facilities, water, electric power, etc., as may be required for the construction activities or to comply with applicable safety laws and regulations.

No separate payment will be made for the work required by this section of the Specifications. All costs in connection thereof shall be considered as included in other items of work for which bids are entered.

6. REMOVAL AND DISPOSAL OF SURPLUS MATERIALS: Surplus earth and organic matter shall be disposed of as indicated in the Plans or as directed by the Engineer and smoothly graded out to conform with the existing adjacent ground.

Rubbish and waste shall be disposed of off the project site by the Contractor in accordance with the local ordinances and regulations covering solid waste disposal.

No separate payment will be made for the work required by this section of the Specifications. All costs in connection thereof shall be considered as included in other items of work for which bids are entered. All millings and other salvageable materials are the property of the NMDOT Aviation Division and shall not be removed from Airport property without permission of the Airport Manager.

7. ACCESS ROUTES AND CONSTRUCTION TRAFFIC REGULATIONS:

a. Permissible access routes for construction of traffic of any sort shall be designated by the Owner.

All construction traffic shall be confined to the designated routes when outside the immediate limits of construction. No construction traffic will be permitted on or across any operational runway, taxiway, or parking apron except as specifically provided.

b. Before beginning any work or scheduling work involving men or equipment crossing active runways or taxiways, the Contractor shall clear with the Airport Manager. The Contractor shall have a radio equipped vehicle on the site capable of receiving and transmitting on the CTAF frequency. When any vehicles are to cross any active taxiway or runway, the Contractor shall have flagmen stationed to stop all traffic as required to permit uninterrupted passage of aircraft. The Contractor shall make arrangements for traffic control communication with the flagmen at each active taxiway or runway crossing. The Contractor shall keep on hand at each crossing suitable powered sweeping equipment and shall keep the entire paved area of such crossings completely free of all construction litter and debris.

c. No separate payment will be made for the work required by this section of the Specifications. All costs in connection thereof shall be considered as included in other items of work for which bids are entered.

8. AIRPORT OPERATION DURING CONSTRUCTION: All operations shall be conducted in full conformity with Federal Aviation Administration traffic and safety regulations within the airport property and in conformity with applicable laws and regulations outside the airport boundaries. Safety infractions regarding air traffic will result in immediate shutdown of the work until remedied.

FAA Advisory Circular No. 150/5370-2G, Operational Safety on Airports with Emphasis on Safety During Construction (bound herein immediately following the Special Provisions) is hereby made a part of the Contract Documents.

No separate payment will be made for the work required by this section of the Specifications. All costs in connection thereof shall be considered as included in other items of work for which bids are entered.

9. LIQUIDATED DAMAGES: Liquidated damages, in the amount per day shown in the Bid, will be assessed against the Contractor for each calendar day, or portion thereof, that the work remains incomplete after expiration of the agreed time allotted for construction, including any approved extensions of time granted.

The sum of the liquidated damages will be deducted from any monies due the Contractor. If no money is due to the Contractor, said sum may be recovered by the Owner from the Contractor or his surety, or from both combined. These deductions are to cover liquidated damages to the Owner for additional expenses of supervision, overhead and other costs resulting from failure of the Contractor to complete the work within the designated time, and are not to be considered as penalties. The Owner shall not be considered liable for any extra or additional payment to the Contractor as a bonus or premium for early completion.

10. GROSS RECEIPTS TAX SURETY BOND: Section 7-1-55A NMSA 1978 provides that any person engaged in the construction business who does not have his principal place of business in New Mexico and enters into a prime construction contract to be performed in this state shall, at the time such contract is entered into, furnish the director of the New Mexico State Revenue Division or his delegate with a surety bond, or other acceptable security, in a sum equivalent to the gross receipts to be paid under the contract multiplied by the applicable rate of the gross receipts tax imposed by Section 7-9-4 NMSA 1978, to secure payment of the tax imposed on the gross receipts from the contract, and shall obtain a certificate from the Director of the New Mexico State Revenue Division or his delegate that the requirements of this subsection have been met.

11. INSURANCE:

General: The Contractor shall procure and maintain in full force and effect during the life of this contract, such insurance as is required herein. Policies of insurance shall be written by companies authorized to write such insurance in New Mexico, and they shall be in a form satisfactory to the Owner and properly filed and approved by the Superintendent of Insurance, State of New Mexico. The pro-rata cost of required insurance shall be included in the prices bid for the work and no additional compensation will be made therefor.

If part of the Contract is sublet, the Contractor shall:

Include any or all subcontractors in his insurance policies; or, Require the subcontractor to secure insurance to protect himself against all hazards enumerated herein which are not covered by the Contractor's policies.

The Contractor shall furnish the Owner six (6) copies of certificates of required insurance (and copies of insurance policies to the Owner). All certificates of insurance (or policies) shall provide that thirty (30) days' written notice be given to the NMDOT Aviation Division before a policy is canceled, materially changed or not renewed. Various types of required insurance may be written in one or more policies.

Approval of Insurance: Even though a "Notice to Proceed" may have been given, no Contractor or subcontractor shall begin any work under this contract until the required insurance has been obtained and the proper certificates (or policies) filed with the Owner. Neither approval nor failure to disapprove certificates, policies or the insurance by the Owner shall relieve the Contractor or subcontractor of full responsibility to maintain the required insurance in full force and effect.

Comprehensive General Liability Insurance Including Automobile: The Contractor shall procure and maintain during the life of this contract a comprehensive general liability and automobile insurance policy with liability limits in amounts not less than those prescribed by State Statute or County requirements for bodily injury, including death, and property damage in any one occurrence.

Said policies of insurance must include coverage for all operations performed for the Owner by the Contractor, including coverage for collapse (C), explosion (X), and underground (U) liability coverage, coverage for the user of all owned, non-owned, hired automobiles, vehicles, and other equipment, both on and off work, and contractual liability coverage which shall specifically insure the indemnification provisions for this Contract.

The above requirements shall include, but shall not be limited to, protection against:

A. Damage to, or destruction of, public and private property including telephone conduit, telegraph conduit, power conduit, telephone signal cables, television cables, computer cables, fire alarm circuits, gas mains, gas service connections, sanitary sewers, sewer, house or building connections, water mains, water service connections, steam lines, petroleum products pipe lines, storm drains, catch basin lines, including all appurtenances thereto while located below the surface of the ground, including injury or death, to person or persons caused by the Contractor's operations, including blasting and trenching-backfilling-tamping with or without the use of mechanical equipment; and

B. The collapse of, or structural damage to, a building, house or structure, including power-telephone-telegraph-fire alarm-street-light poles, curb and gutter and sidewalk, on public or private property, and destruction of, or damage to, other public and private property resulting therefrom, including injury or death to person or persons and all caused by the Contractor's operations in the removal of other buildings, structures, including their supports, trees, and utility poles, or by excavation including blasting, and trenching-backfilling-tamping with or without use of mechanical equipment.

"Other public and private property" as used above shall include lawns, plants, flowers, trees, fences, yards, walls, etc.

Owner's Protective Public Liability Insurance: Contractor shall procure and maintain during the life of this Contract, an Owner's protective public liability insurance policy with liability limits in amounts not less than those prescribed by State Statute or County requirements, single limit of liability for bodily injury, including death, and property damage in one occurrence.

The policy will be written with Owner and Engineer as the named insureds and will provide coverage for Owner's and Engineer's officers and employees while acting within the scope of their duties against all claims arising out of or in connection with the work to be performed.

Workmen's Compensation Insurance: Contractor shall comply with the provisions of Workmen's Compensation Act, the Subsequent Injury Act, and the New Mexico Occupational Disease Disablement Law.

The Contractor shall procure and maintain during the life of this Contract, complete Workmen's and Employer's Liability Insurance. Such insurance shall include coverage permitted under Section 52-1-10 NMSA 1978, for safety devices. With respect to Workmen's Compensation Insurance, if Contractor elects to be self-insured, he shall comply with the applicable requirements of law. If any portion of the Work is to be sublet, Contractor shall require the subcontractor similarly to provide such coverage (or qualify as a self-insured) for all latter's employees to be engaged in such Work. Contractor shall save harmless Owner, its officers, agents, and employees from any claims or actions occasioned by failure of Contractor to comply with the provisions of this subparagraph.

Builder's Risk Insurance: If the Contract includes the construction of a building or structure, Contractor shall procure and maintain during the life of this Contract, "Builder's Risk" insurance in an amount which will fully cover the building or structure for fire, theft, extended coverage, vandalism and malicious mischief until accepted by Owner.

Increased Limits: If, during the life of this Contract, the legislature of the State of New Mexico increases the maximum limits of liability under the Tort Claims Act (Sections 41-4-1 through 41-4-25 NMSA 1978), Owner may require Contractor to increase the maximum limits of any insurance required herein. In the event that Contractor is so required to increase the limits of such insurance, an appropriate adjustment in the Contract Amount will be made.

Additional Bonds and Insurance: Prior to delivery of the executed Agreement by Owner to Contractor, Owner may require Contractor to furnish such other Bonds and such additional insurance, in such form and with such sureties or insurers, as Owner may require. If such other Bonds or such other insurance are specified by written instructions given prior to opening of Bids, the premiums shall be paid by Contractor; if subsequent thereto, they shall be paid by Owner.

12. MOBILIZATION

All costs for mobilization shall be incidental to the Contract/Owner.

13. REGISTRATION OF CONTRACTORS

Any contractor or subcontractor that submits a bid for public works project that is subject to the Public Works Minimum Wage Act shall be registered with the Labor and Industrial Division of the Labor Department.

Registration fees will be deposited in the Labor Enforcement Fund for administration and enforcement of the Public Works Minimum Wage Act.

Bidders shall indicate their Department of Labor Registration number (DOL #) in the space provided in the Bid Proposal form and shall list the DOL # for each subcontractor listed on the form entitled Bidder’s Listing of Subcontractors for Compliance with Subcontractor’s Fair Practice Act at page SFPA-1.

Contractors shall list the DOL # for each subcontractor listed on the form entitled Contractor’s List of Subcontractors/Suppliers.

14. LICENSURE REQUIREMENTS

Contractor Licensure Requirements: Contractor shall be properly licensed in accordance with State Law.

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on November 18, 2022 Page 1

FAA

Airports

Contract Provision Guidelines for Obligated Sponsors and Airport Improvement Program Projects (Issued on November 18, 2022)

Contents

Purpose of this Document

Sponsor Actions

Typical Procurement Steps

Applicability Matrix for Contract Provisions

A1 ACCESS TO RECORDS AND REPORTS

A2 AFFIRMATIVE ACTION REQUIREMENT

A3 BREACH OF CONTRACT TERMS

A4 BUY AMERICAN PREFERENCE

A5 CIVIL RIGHTS - GENERAL

A6 CIVIL RIGHTS – TITLE VI ASSURANCE

A7 CLEAN AIR AND WATER POLLUTION CONTROL

A8 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS

A9 COPELAND “ANTI-KICKBACK” ACT

A10 DAVIS-BACON REQUIREMENTS

A11 DEBARMENT AND SUSPENSION

A12 DISADVANTAGED BUSINESS ENTERPRISE

A13 DISTRACTED DRIVING

A14 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT

A15 DRUG FREE WORKPLACE REQUIREMENTS

Issued on November 18, 2022 Page 2

A16 EQUAL EMPLOYMENT OPPORTUNITY (EEO)

A17 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)

A18 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES

A19 PROHIBITION of SEGREGATED FACILITIES

A20 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

A21 PROCUREMENT OF RECOVERED MATERIALS

A22 RIGHT TO INVENTIONS

A23 SEISMIC SAFETY

A24 TAX DELINQUENCY AND FELONY CONVICTIONS

A25 TERMINATION OF CONTRACT

A26 TRADE RESTRICTION CERTIFICATION

A27 VETERAN’S PREFERENCE

A28 DOMESTIC PREFERENCES FOR PROCUREMENTS

Issued on November 18, 2022 Page 3

CU R R E N T CH A N GE S

Item Change

All clauses General…