Clovis GB - 20250527 Bid _ Contract Documents (1).pdf

Project Manual Including Specifications for The Construction of

CLOVIS GREAT BLOCKS

STREET IMPROVEMENTS

Clovis, New Mexico 88101

June 2025

ITB 25-0527-02

CITY OF CLOVIS

321 N. Connelly Street

P.O. Box 760

Clovis, New Mexico 88101

Bid Opening Date: June 25th, 2025

Bid Time: 2:00 P.M. MDT

ARCHITECT OF RECORD

Pland Collaborative

600 1st Street NW, SuiteSt.

Albuquerque, NM 87102

(505) 268-2266

The technical material and data contained in the Specification were prepared under the supervision and direction of the undersigned, whose seal as a Professional Landscape Architect, licensed to practice in the State of New Mexico, is affixed below.

LA-2023-0017

Jeffrey Stuart, P. L. A. N.M.P.L A. No.

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

Architect of Record, stated above, in writing.

TOC-1

TABLE OF CONTENTS

SECTION PAGE TO PAGE

ADVERTISEMENT FOR BIDS .......................................................................................................... 1-2

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT .................................................. 1-10

BID FORM FOR CONSTRUCTION CONTRACT ................................................................................ 1-9

BID BOND (PENAL SUM FORM) .................................................................................................... 1-2

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

AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR

CONSTRUCTION CONTRACT ......................................................................................................... 1-7

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

PERFORMANCE BOND .................................................................................................................. 1-4

PAYMENT BOND ........................................................................................................................... 1-4

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

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

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT .................................. 1-70

SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT ....................................... 1-10

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

CERTIFICATE OF SUBSTANTIAL COMPLETION .............................................................................. 1-1

STATE WAGE RATES .........................................................................................................................1-3

TECHNICAL SPECIFICATIONS

NEW MEXICO DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATION FOR HIGH

WAY AND BRIDGE CONSTRUCTION, 2019 EDITION

AND CSI SPECIFICATIONS AS OUTLINED IN TECHNICAL SPECIFICATIONS TABLE OF CONTENTS.

ADVERTISEMENT FOR BIDS

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

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

General Notice

ADVERTISEMENT FOR BIDS

CITY OF CLOVIS

CLOVIS, NEW MEXICO

CLOVIS GREAT BLOCKS

The City of Clovis is requesting Bids for the construction of the following Project:

CLOVIS GREAT BLOCKS ITB 25-0527-02

Bids for the construction of the Project will be received at the Office of the Purchasing Agent located at the City of Clovis, Clovis City Hall, 321 N. Conelly Street, Clovis, New Mexico 88101, until Wednesday, June 25th, 2025 at 2:00 p.m. local time. At that time the Bids received will be publicly opened and read.

The Project includes the following Work:

This project is for the construction of streetscape improvements on North Main Street beginning at the intersection of 7th Street southward to the mid-block crossing south of 2nd Street. Improvements for this project include, but are not limited to:

- 2,020 feet (0.38 miles) of streetscape and pavement rehabilitation, which includes demolition, trenching, and patching existing pavement.

- Permanent striping improvements throughout the entire project length.

- Curb and gutter, patterned concrete, specialty concrete benches.

- Landscape with irrigation system.

- Light Poles with associated electrical work and audio.

- Site furnishings.

Bids are requested for the following Contract: CLOVIS GREAT BLOCKS

Obtaining the Bidding Documents

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

(https://www.bidnetdirect.com/)

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other

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

The Issuing Office for the Bidding Documents is: City of Clovis located at 321 N. Connelly St. Clovis, NM.

Contact Amanda Cook at (575) 763-9634. Prospective Bidders may examine the Bidding Documents at the Issuing Office on Mondays through Fridays between the hours of 8:00 a.m. – 5:00 p.m.

Pre-Bid Conference

A non- mandatory pre-bid conference will be held Thursday June 12th at 2:00pm in the City Hall Assembly

Room located at 321 N. Connelly St, Clovis, NM 88101.

Instructions to Bidders.

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

This Advertisement is issued by:

Owner: City of Clovis

By: Justin Howalt, P.E.

Title: City Manager

Date: Wednesday, June 4th, and Wednesday, June 11th, in the Eastern New Mexico News and Sunday, June 1st and Sunday, June 8th in the Albuquerque Journal

INSTRUCTIONS TO BIDDERS

FOR CONSTRUCTION CONTRACT

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 1—DEFINED TERMS

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

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

ARTICLE 2—BIDDING DOCUMENTS

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

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

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

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

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

Owner.

2.04 Electronic Documents

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

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

Documents in the manner specified.

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

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

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

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

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

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

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

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

B. Bidder’s state or other contractor license number, if applicable.

C. Subcontractor and Supplier qualification information.

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

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

Workforce Solutions, Labor Enforcement at the time of Bidding.

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

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

ARTICLE 4—PRE-BID CONFERENCE

4.01 A non-mandatory Pre-Bid Conference will be held Thursday June 12th at 2:00 pm in the City Hall Assembly

Room located at 321 N. Connelly St, Clovis, NM 88101.

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

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

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

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

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

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

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

Technical Data.

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

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

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in

Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Site Visit and Testing by Bidders

A. Bidder is encouraged to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site, and abide by all security protocol required by Owner.

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

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

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

Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

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

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

5.04 Owner’s Safety Program

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

5.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other Work of which Owner is aware (if any) that is to be performed at the

Site by Owner or others (such as utilities and other Prime Contractors) and relates to the

Work contemplated by these Bidding Documents. If Owner is party to a written Contract for such other Work, then on request, Owner will provide to each Bidder access to examine such

Contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the

Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

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

ARTICLE 7—INTERPRETATIONS AND ADDENDA

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

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

Amanda Cook acook@cityof clovis.org

7.02 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than 7 days prior to the date for opening of Bids may not be answered.

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

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

Documents.

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

ARTICLE 8—BID SECURITY

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

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

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

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

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

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

Bidder defaults.

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

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

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

ARTICLE 9—CONTRACT TIMES

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

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

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

Agreement.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

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

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

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

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

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

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

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

Subcontractor listing.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

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

Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute without an increase in the

Bid.

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

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

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

Security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or

Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

ARTICLE 12—PREPARATION OF BID

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

Engineer or Plan Holders.

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

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

Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8-

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

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

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

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

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

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

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

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

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

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

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

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

ARTICLE 13—BASIS OF BID

13.01 Unit Price

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

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

Bidder. The total of all unit price Bid Items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

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

13.02 Allowances

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

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

Conditions.

ARTICLE 14—SUBMITTAL OF BID

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

• Bid

• Bid Security Bond

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

• Resident Contractor Certificate issued by the Taxation and Revenue Department (if seeking preference)

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

• Resident Veteran Contractor Certificate issued by the Taxation and Revenue Department (if seeking preference)

• Equipment Suppliers List

• Certification Statement: A written statement confirming Contractor, all Subcontractors, and suppliers will obtain a municipal business license prior to receiving Notice to Proceed.

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

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

Advertisement.

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

Bidder unopened.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

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

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

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

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

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

Bid Security in the following circumstances:

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

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

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

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

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

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

• relates to a material and fundamental feature of the Bid and, Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

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

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

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

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

Bidding on the Work.

ARTICLE 16—OPENING OF BIDS

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

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

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

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

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

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

Owner will reject the Bid as nonresponsive.

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

18.05 Evaluation of Bids

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

Bid Form or prior to the Notice of Award.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

18.06 In evaluating whether a Bidder is responsible, Owner may consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

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

Documents.

ARTICLE 19—BONDS AND INSURANCE

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

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

ARTICLE 20—SIGNING OF AGREEMENT

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

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

Paragraph 2.02 of the General Conditions.

ARTICLE 21—WAGE RATE REQUIREMENTS

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

BID FORM

FOR CONSTRUCTION CONTRACT

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, BID FORM FOR CONSTRUCTION CONTRACT

PROJECT IDENTIFICATION: Clovis Great Blocks - ITB 25-0527-02

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to: City of Clovis

321 N. Connelly Street

Clovis, New Mexico 88101

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

ARTICLE 2—ATTACHMENTS TO THIS BID

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

A. Required Bid security;

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

Practices Act;

C. List of Proposed Suppliers;

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

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

F. Required Bidder Qualification Statement with supporting data;

G. Campaign Disclosure Form;

H. Wage Equity Form;

I. Bidder’s Qualification Statement;

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

K. Resident Veteran Contractor Certificate issued by the Taxation and Revenue Department

(if seeking preference);

L. Equipment Suppliers List; and

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 3—BASIS OF BID—LUMP SUM BID AND UNIT PRICES

3.01 Unit Price Bids

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

Item

No.

Spec.

No.

Description

Unit Est.

Qty.

Bid Unit Price

Bid Price

1 NA Mobilization/Demobilization, SWPPP, P&P Bonds, Permits &

General Requirements

LS 1 $ $

2 618 Traffic Control LS 1 $ $

3 NA Layout and Staking, complete LS 1 $ $

4 024113 Remove and Dispose of

Existing Concrete Pavement, gray and colored, sawcut as needed

SF 13,800 $ $

5 024113 Remove and Dispose of

Existing Concrete Ramps, sawcut as needed

SF 1,100 $ $

6 024113 Remove and Dispose of

Existing Asphalt, sawcut as needed

SF 6,170 $ $

7 024113 Remove and Salvage Existing

Brick, store for reuse

SF 8,680 $ $

8 024113 Remove and Dispose of

Existing Accessible Parking

Sign

LS 1 $ $

9 024113 Remove and Salvage

Regulatory Traffic Signs, return to owner

LS 1 $ $

10 024113 Remove and Dispose of

Existing Curb and Gutter, sawcut as needed

LF 1,145 $ $

11 024113 Remove and Dispose of

Existing Street Light footings

EA 19 $ $

12 024113 Remove and Salvage Bench, return to owner

LS 1 $ $

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, 13 260000-

280000

Coordinate with Electric

Utility for Utility Owned

Removals

LS 1 $ $

14 024113 Remove and Salvage Trash

Receptacle, return to owner

LS 1

15 024113 Remove and Salvage Bike

Rack, return to owner

LS 1

16 024113

Remove and Salvage Existing

Wind Sculptures, store for reuse

LS 1

17 024113 Remove and Salvage Existing

Flowerpots, store for reuse

LS 1

18 024113

Remove and Dispose of

Existing Trees and grind stump to a depth of 18”

EA 12

19 024113 Remove Existing Metal Plate over drainage flumes

LS 1 $ $

20 024113

Remove Existing Pavement

Markings, prepare for restriping

LS 1 $ $

21 260050 Trench in Preparation for new

Conduit, ref A2/LS501

LF 4,500

22 260050

Furnish and Install All New

Conduit in Trench, ref

A2/LS501

LF 4,500 $ $

23 260050

Fill and Compact Trench in preparation for new pavement, ref A2/LS501

LF 4,500 $ $

24 033000 Construct New 24” Curb and

Gutter, ref A2/LS501

LF 1,702

25 033000 Construct New Flume Curb and Trench Grate, ref C-109

LF 900

26 321420

Replace Salvaged Brick, complete in place, ref

C4/LS501

SF 8,680 $ $

27 328400 Construct Asphalt Patch, complete in place

SY 57

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, 28 033000 Construct Vehicular Concrete

Patch, ref A4/LS501

SF 275

29 033000 Construct Ramp Type A, complete, in place, ref C-109

EA 7

30 033000 Construct Ramp Type B, complete, in place, ref C-109

EA 8

31 033000 Construct Ramp Type C, complete, in place, ref C-109

EA 9

32 033000 Construct Ramp Type D with

Handrails, complete, in place, ref C-109

EA 2

33 033000

Construct 4” Thick Gray

Concrete Pavement with control joints and expansion joints, complete and in place, ref A4/LS501

SF 13,120

34 033000

Construct 4” Thick Integral

Color Patterned Concrete

Pavement with control joints and expansion joints, complete and in place, ref A4/LS501

SF 2,400

35 033000

Construct Custom Concrete

Seatwall Bench, complete in place, ref A4/LS503

EA 16

36 NA

Provide and Install New ADA

Signs per civil sheets, complete in place

EA 9

37 NA

Restripe All New Street Areas per civil sheets

LS 1 $ $

38 NA

Regulatory Signage per civil sheets

LS 1 $ $

39 129300 Furnish and Install Victor

Stanley Bench

EA 22 $ $

40 129300 Furnish and Install Victor

Stanley Litter Receptacle

EA 22 $ $

41 129300 Furnish and Install Victor

Stanley Bike Rack

EA 11 $ $

42 328400

Install Salvaged Flowerpot with new irrigation, per plans, ref

A4/LI502

EA 40

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, TOTAL BID AMOUNT (Exclusive of New Mexico Gross Receipts Tax): $

B. Bidder acknowledges that:

1. Each Bid Unit Price includes an amount considered by Bidder to be adequate to cover

Contractor’s overhead and profit for each separately identified item, and

2. Estimated quantities are not guaranteed, and are solely for the purpose of comparison of

Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 4—BASIS OF BID

43 NA

Install Salvaged Wind

Sculptures, per plans

EA 10 $ $

44 329300 Furnish and Install 2” Caliper

Tree 2” Cal 36 $ $

45 329300

Provide and Install Root

Anchor Tree Staking System, 1 per tree, ref C3/LP501

EA 36

46 329300 Furnish and Install 1 Gallon

Shrub 1 Gal 135 $ $

47 329300 Furnish and Install Boulder, ref

C5/LP501

EA 39 $ $

48 329300

Fine Grade, Provide, and Install

Crusher Fines, 4” Depth, ref

A1/LP501

SF 3,175

260000-

280000

Provide and Install all Electrical and Audio Improvements per

Plan and Details, complete, in place

LS 1

50 328400

Provide and Install Irrigation

System per Plan and Details, complete, in place

LS 1

51 NA

Provide Phasing and

Construction Sequencing Plan for project and coordination with Mainstreet Businesses

LS 1

52 014529 Material Testing Allowance ALLOW 1 $30,000.00 $30,000.00

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

4.01 Bidder shall complete the Work in accordance with the Contract Documents for the following prices:

Unit Prices have been computed in accordance with Paragraph 13.03 of the General Conditions.

Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

4.02 This Contract will be awarded on the basis of the lowest responsive total Bid received from a responsible Bidder. If the lowest acceptable Bid exceeds available funds, the Owner retains the right to reject all Bids or negotiate a change of scope with the lowest responsive Bidder. Owner may only negotiate up to 10% higher than the budgeted project funds. Such negotiation shall not be allowed if the lowest Bid is more than 10% over the budgeted project funds. If a change of scope is negotiated and effected, it will be in the form of a formal Change Order to the Contract.

If these conditions are not satisfied, the Owner is required to reject all Bids and re-bid the project to comply with State procurement requirements.

4.03 This Contract includes two (2) preferences for the award of the Bid: (1) New Mexico Resident

Contractor Preference and (2) Resident Veterans Preference Certification.

A. To receive a Resident Contractor preference pursuant to Section 13-4-2 NMSA 1978 or a

Resident Veteran Contractor preference pursuant to Section 13-1-21 NMSA 1978, a Bidder shall submit with its Bid a copy of a valid Resident Contractor Certificate or Resident Veteran

Contractor Certificate issued by the Taxation and Revenue Department. In addition, if the

Bidder is seeking the Resident Veteran Contractor preference, the Bidder shall submit with its

Bid the Resident Veterans Preference Certification form.

B. For the purpose of awarding, the following shall apply:

1. A Bid submitted by a Resident Contractor shall be deemed to be five percent (5%) lower than the Bid actually submitted.

2. A Bid submitted by a Resident Veteran Contractor with annual revenues of up to Three

Million Dollars ($3,000,000) in the preceding tax year shall be deemed to be ten percent

(10%) lower than the Bid actually submitted.

3. A public body shall not award a Bidder both a Resident Contractor preference and a

Resident Veteran Contractor preference.

4. When a Joint Bid is submitted by a combination of Resident Veteran and Resident or

Nonresident Contractor, the preference shall be calculated in proportion to the percentage of the Contract, based on the dollar amount of the Bid provided under the Contract that will be performed by each business as specified in the Joint Bid.

For information on obtaining a Resident Contractor Certificate or Resident Veteran Certificate, the potential Bidder should contact the State of New Mexico Taxation and Revenue

Department, P.O. Box 5373, Santa Fe, New Mexico 87502-5374, telephone (505) 827-0951, or on the web at http://www.tax.newmexico.gov/forms-and-publications/pages/recently-updated.aspx.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

4.04 Gross receipts tax rates will be adjusted by the Contractor during the construction period to reflect the actual applicable rates issued by the New Mexico Taxation and Revenue Department.

ARTICLE 5—TIME OF COMPLETION

5.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

5.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 6—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF

ADDENDA

6.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

6.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

6.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

ARTICLE 7—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

7.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, including Addenda.

2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Bidder is familiar and is satisfied with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the Drawings of physical conditions relating to existing

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and Drawings.

5. Bidder has carefully studied the reports and Drawings relating to Hazardous

Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and

Drawings.

6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical

Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and

(c) Bidder’s (Contractor’s) safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract

Times, and in accordance with the other terms and conditions of the Contract.

8. Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the…