9-IFB26-49 Fire Station 4 Replacement Project FINAL.pdf

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Fire Station 4 Replacement Project
Solicitation number
IFB26-49
Issued by
Los Alamos County, New Mexico

About this file

This is an Invitation for Bids (IFB26-49) issued by the Incorporated County of Los Alamos for the construction of a new Fire Station 4 Replacement Project located in Los Alamos County, New Mexico. The project involves construction of a new Fire Station facility at 4401 Diamond Drive on vacant land west of the existing Fire Station 4 building, with scope including site clearing, utility relocation, site work, demolition of the existing facility, and all associated construction work as specified in the contract documents. The project must maintain the existing Fire Station Number 4 in full operational status during construction. A non-mandatory pre-bid conference is scheduled for February 18, 2026, at 1:30 p.m. Mountain Standard Time, with a site visit to follow immediately after, held at the County Municipal Building, Room 200, 1000 Central Avenue, Los Alamos, NM 87544, or via a virtual meeting link. Electronic bids are due by 2:00 p.m. Mountain Daylight Time on March 10, 2026, through the County's Procurement Portal. Bid award is anticipated for April 7, 2026, with Notice to Proceed on April 8, 2026, and construction commencement targeted for April 30, 2026. Substantial Completion is scheduled for September 30, 2027, and Final Completion by November 15, 2027, with a contractual requirement to complete all operations and maintenance manuals, final certified payrolls, as-built drawings, warranty certificates, and final inspection approvals.

Bids must include a 5% bid security (cash, certified checks, or bid bonds), with the remaining security from the three finalist bidders returned promptly after contract execution or within 60 days of bid opening if no award is made. Bid evaluation criteria include accurate submission of required documents, cost, and evidence of bidder experience demonstrating at least one mid-scale public facility (minimum 10,000 square feet) successfully completed within the United States in the last seven years. Procurement preferences apply, with local business preferences multiplied by 0.95 and resident business preferences considered if proper documentation is provided. The project is funded with State Legislative and county capital funds administered by the Los Alamos Fire Department under a subrecipient grant agreement with the New Mexico Department of Finance. The successful bidder must be registered with the New Mexico Department of Workforce Solutions and comply with the New Mexico Public Works Minimum Wage Act, with all subcontractors regardless of contract amount required to adhere to prevailing wage requirements. Performance and Labor and Materials Bonds equal to 100% of the contract price are required upon award. Contractors must provide comprehensive general liability insurance of $1,000,000 per occurrence with a $2,000,000 aggregate, motor vehicle insurance, workers' compensation coverage, and all-risk property insurance on the work at full insurable value. Liquidated damages are assessed at $1,000 per calendar day for failure to meet Milestone, Substantial Completion, or Final Completion dates.

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IFB26-49 Incorporated County of Los Alamos FIRE STATION 4 REPLACEMENT PROJECT

1.0 BIDDING PHASE ---------------------------------------------------------------------------------- 6

1.1 Invitation for Bids ---------------------------------------------------------------------------------------------------------------------- 6

1.2 Summary of Work --------------------------------------------------------------------------------------------------------------------- 9

1.3 Requirements for Bidders --------------------------------------------------------------------------------------------------------- 10

1.3.1 Bid Evaluation Criteria ------------------------------------------------------------------------------------------------------- 10

1.3.2 Required Bid Response Documents -------------------------------------------------------------------------------------- 11

1.3.3 The Bidder’s Bid Response Documents --------------------------------------------------------------------------------- 11

1.3.4 Liquidated Damages for Failure to Enter into Contract ------------------------------------------------------------- 11

1.3.5 Conditions of Work ----------------------------------------------------------------------------------------------------------- 11

1.3.6 Addenda and Requests for Interpretation ----------------------------------------------------------------------------- 12

1.3.7 Power of Attorney ------------------------------------------------------------------------------------------------------------ 12

1.3.8 Obligation of Bidder ---------------------------------------------------------------------------------------------------------- 12

1.3.9 Safety Standards and Accident Prevention ---------------------------------------------------------------------------- 13

1.3.10 Substitutes or Brand Name or Equal ------------------------------------------------------------------------------------- 13

1.3.11 Bids to Remain Subject to Acceptance ---------------------------------------------------------------------------------- 13

1.3.12 Withdrawal of Bids ----------------------------------------------------------------------------------------------------------- 13

1.3.13 Acceptance or Rejection of Bids ------------------------------------------------------------------------------------------ 14

1.3.14 Award ---------------------------------------------------------------------------------------------------------------------------- 14

1.3.15 Registration of Contractors and Subcontractors --------------------------------------------------------------------- 14

1.3.16 Procurement Preferences -------------------------------------------------------------------------------------------------- 14

1.4 Notices to Contractors-------------------------------------------------------------------------------------------------------------- 15

1.41 Applicable Law --------------------------------------------------------------------------------------------------------------------- 15

1.4.2 Gross Receipts Tax ------------------------------------------------------------------------------------------------------------ 15

1.4.3 Minimum Wage Rates ------------------------------------------------------------------------------------------------------- 15

1.4.4 Work Conditions --------------------------------------------------------------------------------------------------------------- 15

1.4.5 Public Information ------------------------------------------------------------------------------------------------------------ 15

1.5 Bid Forms ------------------------------------------------------------------------------------------------------------------------------- 17

1.5.1 Bid Form ------------------------------------------------------------------------------------------------------------------------- 19

1.5.2 Alternates and Allowances. ------------------------------------------------------------------------------------------------ 20 Does not apply to this IFB. ---------------------------------------------------------------------------------------------------------------- 20

1.5.3 List of Subcontractors -------------------------------------------------------------------------------------------------------- 21

1.5.4 Bid Bond ------------------------------------------------------------------------------------------------------------------------- 22

1.5.7 Permanent Main Office Address of Company ------------------------------------------------------------------------- 25

1.5.8 Authorization for Verification of Information ------------------------------------------------------------------------- 25

1.5.9 Certificate of Contractors Registration --------------------------------------------------------------------------------- 26

2.0 AWARD PHASE --------------------------------------------------------------------------------- 27

2.1 Award Forms -------------------------------------------------------------------------------------------------------------------------- 27

2.1.1 Notice of Award --------------------------------------------------------------------------------------------------------------- 27

2.1.2 Receipt of Notice of Award ------------------------------------------------------------------------------------------------- 29

2.1.3 Performance Bond ------------------------------------------------------------------------------------------------------------ 30

2.1.4 Payment (Labor and Materials) Bond ----------------------------------------------------------------------------------- 32

2.1.5 Insurance Requirement ----------------------------------------------------------------------------------------------------- 34

2.1.6 Contract-------------------------------------------------------------------------------------------------------------------------- 36

3.0 CONSTRUCTION PHASE ---------------------------------------------------------------------- 43

3.1 Construction Phase Related Forms --------------------------------------------------------------------------------------------- 43

3.1.1 Contractor Personnel Information --------------------------------------------------------------------------------------- 43

3.1.2 Notice to Proceed ------------------------------------------------------------------------------------------------------------- 44

3.1.3 Acceptance of Notice to Proceed ----------------------------------------------------------------------------------------- 45

3.1.4 Application and Certification for Payment Part 1 -------------------------------------------------------------------- 46

3.1.5 Application and Certification for Payment Part 2 -------------------------------------------------------------------- 47

3.1.6 Affidavit of Payment and Release of Liens ----------------------------------------------------------------------------- 48

3.1.7 Field Order ---------------------------------------------------------------------------------------------------------------------- 50

3.1.8 Change Order ------------------------------------------------------------------------------------------------------------------ 51

3.2 Conditions of the Contract - General Conditions --------------------------------------------------------------------------- 56

3.2.1 Definitions ---------------------------------------------------------------------------------------------------------------------- 56

3.2.2 Additional Instructions ------------------------------------------------------------------------------------------------------ 59

3.2.3 Schedules, Reports and Records ------------------------------------------------------------------------------------------ 61

3.2.4 Shop Drawings and Submittals -------------------------------------------------------------------------------------------- 63

3.2.5 Start of Various Types of Work and Management Planning ------------------------------------------------------- 64

3.2.6 Materials, Services and Facilities------------------------------------------------------------------------------------------ 65

3.2.7 Substitutes or “Brand Name” or Equal ---------------------------------------------------------------------------------- 66

3.2.8 Inspection and Testing ------------------------------------------------------------------------------------------------------- 68

3.2.9 Correction of Work ----------------------------------------------------------------------------------------------------------- 69

3.2.10 Patents --------------------------------------------------------------------------------------------------------------------------- 70

3.2.11 Surveys, Permits, and Regulations---------------------------------------------------------------------------------------- 70

3.2.12 Subsurface and Physical Conditions -------------------------------------------------------------------------------------- 72

3.2.13 Protection of Work, Property and Persons ----------------------------------------------------------------------------- 74

3.2.14 Changes in the Work --------------------------------------------------------------------------------------------------------- 75

3.2.15 Suspension, Delay or Termination of Work ---------------------------------------------------------------------------- 78

3.2.16 Subcontracting ----------------------------------------------------------------------------------------------------------------- 80

3.2.17 Duties of the Contractor ---------------------------------------------------------------------------------------------------- 80

3.2.18 Job Site Administration ------------------------------------------------------------------------------------------------------ 81

3.2.19 Engineer’s Authority---------------------------------------------------------------------------------------------------------- 85

3.2.20 Duties, Responsibilities and Limitations -------------------------------------------------------------------------------- 86

3.2.21 Engineer’s Review of Work, Rejection of Work, Inspections, and Tests --------------------------------------- 86

3.2.22 Limitations of Authority ----------------------------------------------------------------------------------------------------- 86

3.2.23 Land and Right-of-Way ------------------------------------------------------------------------------------------------------ 87

3.2.24 Warranty/Guaranty ---------------------------------------------------------------------------------------------------------- 87

3.2.25 Miscellaneous ------------------------------------------------------------------------------------------------------------------ 88

3.2.26 Dispute Resolution, Applicable Law, and Venue ---------------------------------------------------------------------- 89

3.2.27 Examination of Records Provisions --------------------------------------------------------------------------------------- 89

3.2.28 American with Disabilities Act Compliance ---------------------------------------------------------------------------- 89

3.2.29 A. Bids and Proposals are public Records ------------------------------------------------------------------------------ 89

3.2.30 Wage Rate Determination -------------------------------------------------------------------------------------------------- 90

3.3 ATTACHMENTS --------------------------------------------------------------------------------- 91

3.3.1 License Agreement for Staging Area ------------------------------------------------------------------------------------- 92

3.3.2 Wage Rate Information ------------------------------------------------------------------------------------------------------ 95

Contracting Agency ----------------------------------------------------------------------------------------------------------------------- 97

General Contractor ------------------------------------------------------------------------------------------------------------------------ 97

Subcontractor -------------------------------------------------------------------------------------------------------------------------------- 98

Additional Information ----------------------------------------------------------------------------------------------------------------- 98

CONTACT INFORMATION --------------------------------------------------------------------------------------------------------------- 98

3.4 TECHNICAL SPECIFICATIONS --------------------------------------------------------------112

1.0 BIDDING PHASE

1.1 Invitation for Bids

The Incorporated County of Los Alamos (“County”) reserves the right, in its sole discretion, to accept any bid and to reject any or all bids.

Bids are invited from all responsible bidders.

1. ELECTRONIC SUBMISSIONS ONLY

A full copy of the solicitation and all associated documents can be found on the County’s Procurement Portal at https://losalamosnm.bonfirehub.com/. Only Bids submitted through the County’s Procurement Portal by the Bid Due Date stated herein, or as may be modified by addendum, will be considered. Late responses will not be considered. To register to view and download solicitation documents and submit a Bid through the County’s Procurement Portal, follow the instructions on page 1 of this solicitation.

Only Bids received through the Procurement Portal prior to 2:00 p.m. Mountain Daylight Time (MDT), March 10, 2026, will be reviewed.

2. ADDITIONAL DOCUMENTS AND INFORMATION INCLUDED AS A PART OF THIS IFB

Additional documents are referenced in this IFB, which may include, but are not limited to, exhibits, attachments, links to documents online, and documents that are provided through the County’s Procurement Portal. Any such documents are considered to be a part hereof and constitute, along with this solicitation document and any addenda, the complete solicitation package. Documents required to be submitted as a component of Bidders’

Response will be noted as such in each individual solicitation posted on the County’s

Procurement Portal, and Bidders will be unable to submit their Bids through the County’s

Procurement Portal until all required documents and information have been uploaded or provided by Bidders.

Please also reference “1.3.3 The Bidder’s Bid Response Documents ” below.

3. GRANT RELATED INFORMATION

State Legislative Funding. This project is wholly or partially funded with State Legislative and county capital funds, which are administered by the Los Alamos Fire Department under a subrecipient grant agreement with the Department of Finance, State of New Mexico, and the County. As part of any response to this solicitation, Bidders shall affirm their ability to meet the State of New Mexico requirements contained herein. Bidders who cannot affirm their ability to meet these requirements may be deemed non-responsive or non-responsible.

https://losalamosnm.bonfirehub.com/

Incorporated County of Los Alamos Invitation for Bids Number: IFB26-49

FIRE STATION 4 REPLACEMENT PROJECT

Bid security in the amount of five percent (5%) of the bid must accompany the bid. Such cash, certified checks or bid bonds will be returned to all except the three finalist bidders within three days after the opening of bids. The remaining cash, checks and bid bonds will be returned promptly after the County and the accepted Bidder have executed the contract, or if no award has been made within sixty (60) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as Bidder has not been notified of the acceptance of Bidder’s bid.

In submitting their Bid Bond, it is not mandatory that Bidders use the Bid Bond form provided in the packet. The County strongly encourages all Contractors to use this form, but if the contractor elects not to use it, the Bid Bond must be submitted on a form acceptable in the construction industry and approved by the County Project Manager in advance of the bid due date.

Non-Mandatory Pre-bid Conference will be held on Wednesday, February 18, 2026, at 1:30p.m. Mountain Standard Time (MST). The meeting link is available in the Project on the Procurement Portal. The meeting may also be attended in-person in the County Municipal Building, Room 200, 1000 Central Avenue, Los Alamos, NM 87544. A site visit will immediately follow.

This conference is held to answer questions from the prospective bidders as well as familiarize bidders with the project. Questions regarding the meaning of plans, specifications or other documents related to the project should be submitted in writing prior to the pre-bid conference.

The County will preside over the pre-bid conference and provide for the recording and distribution of minutes. The pre-bid conference will include, but not be limited to the following:

1. Discussion of schedule for procurement, progress, values for progress payments and submittals.

2. Critical work sequencing and priorities.

3. Use of construction site premises, storage areas, office areas, security, cleaning, and

County’s needs.

4. Transmittal, review, and distribution of submittals.

5. Field decision process.

6. Maintain record documents.

7. Public Information.

QUESTIONS

Any questions must be received in writing at least six (6) business days prior to the submission due date, unless otherwise stated herein or in an addendum. Questions must be submitted through the County’s Procurement Portal. Please follow the instructions on page one (1) of this document to register for the County’s Procurement Portal to submit written questions. Bidders who submit questions via e-mail or by phone shall be redirected to submit written questions through the County’s Procurement Portal.

Bidders must submit in writing through the County’s Procurement Portal, as stated herein, any questions or requested clarification necessary for Bidder to provide a complete Response with all Bid response components and pricing included. Bidders are asked to refrain from including in Bids statements such as “more information available upon request,” “pricing to be determined,” or other similar statements. Such statements and failure of Bidder to seek clarification needed for Bidder to provide the requested information may result in a Bidder being found non-responsive or non-responsible. This in no way may be construed to conflict with County’s right to hold interviews and discussions for clarification with Bidders, as further described herein. Failure of any bidder to receive any addendum or interpretation shall not relieve such bidder from any obligation under its bid as submitted. All addenda so issued shall become part of the solicitation documents.

The County reserves the right to issue addenda to the solicitation documents including construction specifications and plans during the advertising period as provided in the solicitation documents. Bidders are responsible for determining if any addenda have been issued. The terms, bid and solicitation are interchangeable. Also, the defined terms contract and agreement are interchangeable.

1.2 Summary of Work

Bid Number: IFB26-49

FIRE STATION 4 REPLACEMENT PROJECT

This project is issued by and under the control of The Incorporated County of Los Alamos. The contracting office is the Public Works Department. The location of the project is in the County of Los Alamos, New Mexico.

Plan documents may be accessed at the following Egnyte link:

https://losalamosnm.egnyte.com/fl/qWVWB7RGP3dK

The summary of work is as follows, but is not limited to the following:

The Project consists of construction of a new Fire Station number 4. Scope includes all work specified in the Contract Documents and Specifications/Project Manual. It includes site clearing, utility relocation, site work and demolition of the existing Fire Station. This work is to be done while keep the existing Fire Station Number 4 in operation and fully functional during construction.

Pre-Bid Meeting February 18, 2026

Bids Due March 10, 2026

Bid Award April 7, 2026

Notice to Proceed April 8, 2026

Pre-Construction Meeting April 12, 2026

Establish Project Schedule April 12, 2026

Construction Commencement April 30, 2026

Milestone to expend State Fund June 15, 2026

Substantial Completion Date September 30, 2027

Final Completion Date November 15, 2027

Work to achieve construction of the new fire station per Construction documents; Final Completion, including all Operations and Maintenance Manuals, final Certified Payrolls, As-built drawings, Warranty Certificates, Final Inspection by the Manufacturer and approval of the Installation, and other close-out documents by November 15, 2027.

https://losalamosnm.egnyte.com/fl/qWVWB7RGP3dK

1.3 Requirements for Bidders

Bids must be made with the understanding and in accordance with these conditions for bidders:

1.3.1 Bid Evaluation Criteria

Bid acceptance and bid evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this article. Bids shall be evaluated based on the requirements set forth in the IFB, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total of life cycle costs. The IFB shall set forth the evaluation criteria to be used. Only criteria that are set forth in the IFB may be used in bid evaluation. Interviews are to be used only for the purpose of clarification. The final evaluation results shall be forwarded to the purchasing agent.

The evaluation criteria for this Bid are:

1. Accurate submission of Bid Response Documents

2. Cost

3. Evidence that Bidder’s experience meets the minimum requirements as follows: Bidder must provide evidence of at least one mid-scale public facility

(minimum 10,000 sq. ft.) successfully completed within the United States in the last seven years. Evidence of required experience shall be written in the Bid

Form and returned as part of the Bidder’s Bid.

The County may make such investigations as deemed necessary to determine the ability of the Bidder, and any prospective subcontractors of the Bidder, to perform the work, and the bidder shall furnish to the County all such information and data for this purpose as the County may reasonably request. The County reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the County that such Bidder is properly qualified to carry out the obligations of the Contract and to timely complete the work contemplated herein. Conditional bids may not be accepted in the sole discretion of the County.

When bids are received from a bidder who requests preference, and the bidder has provided evidence that the bidder qualifies for preference as described in section 1.3.16 below the following procedure shall be utilized: When bids are received, the price quoted by the qualifying vendor shall be multiplied by 0.95. After application of the preference factor, the contract shall be awarded to the lowest bidder.

If one or more scores are equal, the same procedure shall be followed with respect to the next category of offerors listed, and the next, until an offer qualifies for award. The priority of categories of offers is as follows:(1) Local business; (2) Resident business.

1.3.2 Required Bid Response Documents

The bidder shall follow the instructions described in Section 1.1 Invitation for Bids.

1.3.3 The Bidder’s Bid Response Documents

The following documents must be completed and included, the documents identified with section numbers below are available in the Procurement Portal as part of the solicitation document, the document should be submitted in this preferred order:

1. Copy of Bidder’s State of New Mexico Contractor’s License(s) with proper classifications.

2. Bid Form (Section 1.5.1) with Bidder experience information.

3. Alternatives and Allowances, if applicable (Section 1.5.2)

4. List of Subcontractors with Company Name, license number(s) and classification(s) (Section 1.5.3).

5. Bid Bond (Section 1.5.4)

6. Campaign Contribution Form (Section 1.5.5)

7. Certification – Debarment, Suspension, and other Responsibility Matters (Section

1.5.6)

8. Permanent Main Office Address of Company (Section 1.5.7) – Note requirement to provide a Certificate of Good Standing and Compliance from the New Mexico

Secretary of State, if incorporated.

9. Authorization for Verification of Information (Section 1.5.8)

10. Provide proof of online registration and payment of $400.00 for Certificate of

Contractors Registration (Section 1.5.9) with New Mexico Department of Workforce

Solutions.

The County may consider a bid to be non-responsive or non-responsible if the Contractor fails to include any of the items described in items 1 through 10, above.

1.3.4 Liquidated Damages for Failure to Enter into Contract

The successful Bidder, upon failure or refusal to execute and deliver the Contract and required Bonds within ten (10) calendar days after Bidder has received the Notice of

Award, shall forfeit the Bidder’s Bond to the County, as liquidated damages for such failure or refusal, the bid security deposited with Bidder’s bid.

1.3.5 Conditions of Work

Each bidder must inform itself fully of the conditions relating to the construction of the

Project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of its obligation to furnish all material and labor necessary to carry out the provisions of the Contract. Insofar as possible, the Contractor in carrying out the Work must employ such methods or means as will not cause any interruption of, or interference with the Work of any other contractor, or the daily operations of County offices. The Work in this Contract will be carried out during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday unless otherwise scheduled with and approved by the County. Noise Ordinance Waivers are required for work occurring between the hours 9:00 p.m. and 7:00 a.m.

1.3.6 Addenda and Requests for Interpretation

A. No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally and bidders understand that no oral interpretation once made may be relied upon. Every request for such interpretation shall be in writing addressed to the Project Manager. Requests for interpretation must be received at least six (6) working days (Monday-Friday) prior by 5:00 p.m. to the date fixed for the opening of bids. Failure of any bidder to acknowledge all addenda on the Addendum Acknowledgement Form shall not relieve such bidder from any obligation under its bid as submitted and may render the bidder non-responsive. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall specifically acknowledge their receipt in the bid. All addenda so issued shall become part of the Contract documents.

B. Addenda will be e-mailed to all who are known by the County to have requested Bid

Documents.

C. No Addenda will be issued later than four (4) working days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids.

1.3.7 Power of Attorney

Attorneys-in-Fact who sign any required bonds must file with each bond a certified properly executed and dated copy of their power of attorney.

1.3.8 Obligation of Bidder

Complete sets of Solicitation Documents must be used in preparing Bids; neither the

County nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Solicitation Documents.

The Submission of a bid will constitute an incontrovertible representation by Bidder that

Bidder has complied with every requirement of the Bid, which without exception the Bid is premised upon performing and furnishing the Work required by the Solicitation

Documents. The bidder will be required to establish to the satisfaction of the County the qualifications and capability of the persons proposed to furnish and perform the Work described in the Solicitation documents. Contractor, by signing the Bid also acknowledges that the Contract Time is reasonable for the weather and climactic conditions.

Prior to the award of the Contract, the County will notify the bidder in writing if the County after due investigation has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder’s option, (1) withdraw the Bid, or (2) submit a substitute person or entity acceptable to the County with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost, if any, occasioned by such substitution. The County may accept the adjusted bid price. In the case that the adjusted price makes them no longer the low bidder, County reserves the right to award to the subsequent low bidder. In the event of withdrawal, bid security will not be forfeited. Persons proposed by the Bidder and to whom the County has made no reasonable objection must be used to perform the Work for which they were proposed and shall not be changed except with the prior written consent of the

County.

1.3.9 Safety Standards and Accident Prevention

With respect to all work performed under this contract, the Bidder shall:

A. Comply with the standard provisions of the most current versions of all applicable laws, rules and regulations that apply to the work contracted for.

B. Provide a Safety Management Plan to the County after award acceptable to the

Project Manager (see Section 3).

1.3.10 Substitutes or Brand Name or Equal

During solicitation, it may be determined that a “brand name or equal” is in the County’s best interests, and in many cases is the “Basis of Design” for a particular item or system.

The Contractor may provide a substitution of a particular item or items. The Contractor shall provide proof that the proposed substitute item is equal to or exceeds the basis of design. The County reserves the right to accept or reject the substitution at its sole discretion.

All re-design and evaluation costs that may be incurred shall be paid by the Contractor.

The Contractor shall provide an alternate bid based on the original plans and specifications and shall provide separately the cost for the substituted item, which the

County reserves the right to accept or reject.

The procedure for submission of any such application by Contractor and consideration by

County is set forth in Section 3.

1.3.11 Bids to Remain Subject to Acceptance

All bids will remain subject to acceptance for sixty (60) calendar days after the day of the

Bid Opening. The County may, it its sole discretion, release any Bid and return that

Bidder’s Bid Security prior to that date. County may request an extension, agreeable to both the Bidder and County.

1.3.12 Withdrawal of Bids

A. Bidder may withdraw its bid by written notice and received by Purchasing Agent prior to bid opening.

B. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interests of the County or fair competition shall be permitted. In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if: (1) The mistake is clearly evident on the face of the bid document;

or (2) The Bidder submits evidence which clearly and convincingly demonstrates that a mistake was made.

1.3.13 Acceptance or Rejection of Bids

The County reserves the right to accept any bid, reject any or all bids without cause, to waive any or all technicalities in any Bid in the interest of the County and the right to reject all non-conforming, non-responsive or conditional Bids.

1.3.14 Award

Bids shall be evaluated based on the requirements set forth in the IFB, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose and the Contract shall be awarded on the basis of the lowest responsible and responsive bidder in accordance with Chapter 31-101

(i) of the Los Alamos Code of Ordinances.

1.3.15 Registration of Contractors and Subcontractors

Any bidder that submits a bid valued at more than the dollar amount required by the New

Mexico Public Works Minimum Wage Act [13-4-11 through 13-4-17 NMSA 1978] and the

New Mexico Subcontractors Fair Practice Act [13-4-31 through 13-4-43] for a public works project shall be registered with the labor and industrial division of the labor department.

County will not accept bids for a public works project subject to the New Mexico Public

Works Minimum Wage Act from the contractor that does not provide proof of required registration for itself and its subcontractors.

1.3.16 Procurement Preferences

In accordance with Incorporated County of Los Alamos (“County”) Code Section. 31- 261(b) and NMSA 1978 Section 13-1-21 et al., if the chief purchasing officer determines preference is applicable to the solicitation, Offeror(s) must submit a written request for preference, with a valid copy of the applicable New Mexico state-issued preference certificate with its Bid to qualify for the requested preference. If requesting local preference, Offeror(s) must also submit with its Bid a current valid Los Alamos County Business License and must maintain its principal office and place of business in Los Alamos County to qualify for Local Business preference. County reserves the right, for any reason, to (1) verify the accuracy and validity of any information and documents submitted by Offerors prior to applying any preference factors; and (2) deny any request for preference if Offeror(s) have not met applicable requirements to qualify for any requested preference. Bidders requesting preference shall submit the Request for Preference form included with this solicitation as well as the required documents described above.

1.4 Notices to Contractors

1.41 Applicable Law

Work shall be performed in accordance with applicable federal, state and local laws (Los Alamos County Code of Ordinances, Section 31.2 Procurement Code).

1.4.2 Gross Receipts Tax

All bids submitted are to exclude the applicable gross receipts taxes. County will pay the applicable taxes to the Contractor including any increase in the applicable taxes becoming effective after the execution date of the contract. The applicable gross receipts taxes will be shown as a separate amount on each payment application made under the contract.

The Contractor is responsible for payment to the State of New Mexico for all gross receipt’s taxes collected.

1.4.3 Minimum Wage Rates

Pursuant to the New Mexico Public Works Minimum Wage Act, Section 13-4-11 through 13-4-17 NMSA 1978 (comp.) all certified payrolls submitted must contain required information as stated on the pertinent information sheet of the Wage Rate Decision issued on said project.

The Contractor, Sub-contractor and all tiers shall provide the Statement of Intent to Pay Prevailing Wages form to County’s Project Manager.

1.4.4 Work Conditions

This contract will be performed in and adjacent to Los Alamos County for the contract duration specified in the Contract. The Contractor shall be aware of the conditions that may normally exist within the project area during performance of the work. Those conditions may include but are not limited to:

• Extended freezing temperatures,

• Intense rainfall events,

• Snowfall and snow accumulation,

• Limited direct sunlight.

Delays due to normal weather conditions are not eligible for time extensions and/or additional compensation. Contractor is required to protect their work and the project from normal weather events. Unusual weather-related time extensions may be awarded by the County pursuant to an approved change order at the County’s sole discretion. Please refer to Section 2, Contract Articles 2 and 3.

1.4.5 Public Information

The Contractor is required to be an active participant in the execution of the Public Information and Involvement Plan (PIIP) to be developed by the County. County retains edit and approval rights to any documents being released to the public and requires two

(2) working days advance notice to allow for said edit/approval. Contractor will perform/assist the County in successfully implementing PIIP activities that may include, but not be limited to:

• Weekly updates by Wednesday noon of traffic control expected on this project for the following week;

• Placement of door hangers 48 hours prior to any Utilities service disconnections (gas, water, and electric);

• Five (5) working days advance notification to Project Manager regarding impacts to school or transit bus stops and safe routes to schools;

• Inform businesses and residents 48 hours prior to direct impacts during construction.

• County policy is to advertise in the local newspaper in advance of posting traffic control signs or barricades. The Contractor will submit information concerning posting of traffic control signs and barricades at least five (5) working days in advance to the County.

Project Manager shall determine the need, size, and location for a project sign(s) that may include the following:

1. Project name

2. Contractor business name and contact information

3. Budget

4. Project start and end months

5. County Project Manager contact information

6. A rendering of the improvement(s) if available.

1.4.6 Performance and Labor and Material Bonds Requirements

Performance Bond and Labor-Materials Bond shall be executed after receipt of Notice of Award to the successful bidder in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. Bonds must be prepared and executed on the Performance Bond and Labor-Materials Bond forms attached hereto or on such other forms as may be approved in writing by the County. Surety shall be by a company licensed to do business in the State of New Mexico and acceptable to the County.

1.5 Bid Forms

This Bid Submitted to:

Incorporated County of Los Alamos Bid Number: IFB26-49

FIRE STATION 4 REPLACEMENT PROJECT

A. The undersigned Bidder proposes and agrees, if this Bid is accepted; to enter into an agreement with County in the form included in the solicitation documents; to perform and furnish all work as specified or indicated in the solicitation documents for the contract price; and within the contract time indicated in this bid; and in accordance with all of the other terms and conditions of the solicitation documents.

B. Bidder accepts all the terms and conditions of the solicitation and Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for sixty (60) calendar days after the day of the Bid opening. Bidder will sign and submit the

Agreement and the Performance, Labor and Material Bonds, Certificate of Insurance and all other documents required by the Solicitation Requirements within ten (10) calendar days after receipt of the County’s Notice of Award.

C. Notice to Proceed shall be issued no later than twenty-eight (28) calendar days from

Notice of Award.

D. Bidder shall promptly provide written notice to the County of any conflicts, errors, or discrepancies discovered in the solicitation documents.

E. Bidder represents this Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. Bidder has not solicited or induced any person, firm or corporation to refrain from bidding, and

Bidder has not sought by collusion to obtain for itself any advantage over any other

Bidder or over County.

F. By submitting the bid, each bidder represents to the County that it has inspected the site, is familiar with local conditions that may affect cost, progress, performance or furnishing of the work, has considered federal, state, and local laws and regulations that may affect cost, progress, performance, or furnishing of the Work and has read and is thoroughly familiar with the technical specifications and plans and the

Solicitation and Contract document (including all addenda). The failure or omission of any such bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to its bid.

G. Bidder represents that a complete set of Solicitation Documents was used in preparing the Bid and acknowledges that the County assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Solicitation

Documents.

H. Bidder represents that the submission of this bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of the Bid, that without exception the Bid premised upon performing and furnishing the Work required by the Solicitation Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the

Solicitation Documents, and that the Solicitation Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

I. The Solicitation Documents are intended to describe a functionally complete project to be constructed in accordance with the Contract Documents. Any work, materials, or equipment that may reasonably be inferred from the documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically required. When words or phrases which have a well-known technical or construction industry or trade meanings are used to describe work, materials or equipment, such words or phrases shall be interpreted in accordance with those meanings. Clarifications and interpretations of the Technical Specifications and Contract Drawings shall be issued by the County.

J. The quantities appearing in the Bid Schedule, Plans, or other contract documents are approximate only and are prepared for the comparison of bids. Payment to the

Contractor will be made only and are prepared for the comparison of bids. Payment to the Contractor will be made only for the actual quantities of Work performed and accepted, or materials furnished in accordance with the contract.

K. The County reserves the right to obtain a cost breakdown of specific Unit Bid items having lump sum (LS) units of measure during the review process.

1.5.1 Bid Form

Bidder agrees to perform the work for the prices submitted in the bid form or applicable bid table submitted through the Procurement Portal:

The TOTAL amounts of the below bid (excluding NMGRT) shall be shown in both words and figures. In case of discrepancies, the amount shown in words will govern.

Item Description Bid Price in Dollars and Cents

0.1 General Conditions

0.2 Bond & Insurance

0.3 Overhead & Profit

1. Early Site Package TOTAL:

1.1 31 Earthwork

1.2 33 Utilities

1.3 03 Concrete

2. General Building Package TOTAL:

2.1 03 Concrete

2.2 04 Masonry

2.3 05 Metals

2.4 06 Wood and Plastics

2.5 07 Thermal and Moisture Protection

2.6 08 Doors and Windows

2.7 09 Finishes

2.8 10 Specialties

2.9 11 Equipment

2.10 12 Furnishings

2.11 21 Fire Suppression

2.12 22 Plumbing

2.13 23 HVAC

2.14 26 Electrical

2.15 27 Communications

2.16 28 Electronic Safety & Security

2.17 31 Earthwork

2.18 32 Exterior Improvements

2.18 33 Utilities

3. Demolition of Existing FS4 TOTAL:

3.1 31 Earthwork

3.2 32 Exterior Improvements

3.3 02 Existing Conditions

Base Bid:

The Bidder agrees to perform all of the work described as the Base Bid in the Solicitation Documents for an amount determined as follows:

BASE BID 1 – $

Total Bid Amount written in words:

______________________________________________________________________ Dollars

Note: The bid amount shall exclude state gross receipts tax or local option tax, but shall include all other costs of doing business, including but not limited to bonds, insurance and profit. The Incorporated County of Los Alamos is required to pay the applicable tax including any increase in the applicable tax becoming effective after the date the contract is entered into. The applicable gross receipts tax or local option tax shall be shown as a separate amount on each billing or request for payment under contract. The Incorporated County of Los Alamos reserves the right to reduce or add quantities.

INSTRUCTIONS TO BIDDERS: COMPLETE THIS PAGE AND RETURN

WITH BID.

I the undersigned have reviewed the Bid Evaluation Criteria and affirm that the Bidder meets the experience criteria as stated in Section 1.3.1 Bid Evaluation Criteria and below:

REQUIRED EXPERIENCE PROJECT DESCRIPTION

Bidder must provide evidence of at least one mid-scale public facility (minimum 10,000 square feet) successfully completed within the United States in the last seven (7) years. Describe the Project, date of Notice to Proceed, and date of Final Completion. If more space is needed for description, Bidder may supplement with their own document.

1.5.2 Alternates and Allowances.

Does not apply to this IFB.

1.5.3 List of Subcontractors

Bidder shall submit a completed form 1.5.3, if applicable, the blank form is included in the solicitation documents found on the Procurement Portal.

Remainder of this page intentionally left blank.

1.5.4 Bid Bond

Bidder shall submit a completed form 1.5.4, the blank form is included in the solicitation documents found on the Procurement Portal.

1.5.5 Campaign Contribution Form

Bidder shall submit a completed form 1.5.5, the blank form is included in the solicitation documents found on the Procurement Portal.

1.5.6 Certification – Regarding Debarment, Suspension, and other Responsibility

Matters Bidder shall submit a completed form 1.5.6, the blank form is included in the solicitation

1.5.7 Permanent Main Office Address of Company

Bidder shall submit a completed form 1.5.7, the blank form is included in the solicitation documents found on the Procurement Portal.

1.5.8 Authorization for Verification of Information

Bidder shall submit a completed form 1.5.8, the blank form is included in the solicitation

1.5.9 Certificate of Contractors Registration

Bidder shall submit evidence of registration with the New Mexico Department of Workforce Solutions as described in Section 1.3.3, submission of proof of registration for Certificate of Contractors Registration with New Mexico Department of Workforce Solutions is a requirement for bid submission.

2.0 AWARD PHASE

2.1 Award Forms

2.1.1 Notice of Award

NOTICE OF AWARD AND IDENTIFICATION OF COUNTY’S DESIGNEE

To: __________________________________________________________________

Address: ______________________________________________________________

Project Description:

Incorporated County of Los Alamos

Notice of Award:

The County has considered the Bid submitted by you for the above described Project in response to its Invitation for Bids dated ___________________, 202X.

You are hereby notified that your Bid has been accepted subject to your executing the Agreement and furnishing the required Contractor’s Performance Bond, Labor and Materials Payment Bond and required Certificates of Insurance, within ten (10) calendar days from the date of receipt of the Notice of Award.

You are hereby notified that the schedule required per Section 3, Schedules, Reports, and Records will be required to be submitted and accepted prior to Notice to Proceed being issued.

The following documents are provided with the Notice of Award: Two (2) copies of the Agreement, Performance Bond and Labor and Materials Payment Bond.

Notice of Award continued

If you fail to sign and return to County’s Designee said Agreement, and to furnish said Bonds within ten (10) days from the receipt of this notice, the County will be entitled to consider all your rights arising out of the County’s acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The County will be entitled to such other rights as may be granted by law.

County’s Designee:

The Incorporated County of Los Alamos (County) designates ___________ as the County’s Designee in connection with the performance of the work contemplated in the Contract, dated __________________, between the County and __________________________ (Contractor).

Dated this _____________ day of _____________ 20 _____.

Anne W. Laurent County Manager

2.1.2 Receipt of Notice of Award

Receipt of the above Notice of Award is hereby acknowledged by:

___________________________, this _______day of _______________________, 20____, for the following project:

Incorporated County of Los Alamos

CONTRACTOR:

By: _____________________________________

Printed Name: ____________________________

Title: ____________________________________

2.1.3 Performance Bond

Bond No. ______________

We as Principal, hereinafter referred to as Contractor, and _______________________ a corporation organized and existing under and by the virtue of the laws of the State of ________________ and authorized to do business in the State of New Mexico, hereinafter called Surety, are held and firmly bound unto the Incorporated County of Los Alamos, hereinafter referred to as County, in the penal sum of one hundred percent (100%) of the Contract Price of __________________________________________dollars ($____________), as may be adjusted by Change Order, inclusive of applicable gross receipts taxes in lawful money of the United States of America, for the payment of which sum Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally.

THE CONDITIONS OF THIS BOND are such that, whereas, Contractor has been awarded and has agreed to enter into a certain Contract with the Incorporated County of Los Alamos, to which this Performance Bond will be attached and incorporated therein, for performance of Work or services on Project specifically described in the Contract document for:

Incorporated County of Los Alamos Invitation for Bids Number: IFB26-49

FIRE STATION 4 REPLACEMENT PROJECT

and if Contractor shall perform and complete all of the undertakings, covenants, terms, and obligations of said Contract during the original term thereof, and any extensions which may be granted by…

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