FINAL ITB #2025.26.01 Chip Seal and Overlay Projects.pdf

County of Curry

Invitation to Bid No. 2025/26-01

Chip Seal and Overlay Projects Chip Seal and Overlay of Roads

Curry County Road Department

Issue Date:

July 7, 2025

BID Due:

July 28, 2025 Time: 2:00 p.m. Mountain Time

Curry County Administrative Complex

417 Gidding, Suite 100

Clovis, NM 88101

Attn: Finance/Purchasing Department

575-763-6016

Bid No. 2025/26-01 Chip Seal and Overlay of Roads for Curry County Road Department Page 2 Commodity Class #91395

On behalf of the Board of Curry County Commissioners and pursuant to and in compliance with the NM State Procurement Code, Curry County hereby invites competitive sealed bids for delivering and/or the application of Chip Seal and Overlay of Roads throughout Curry County for use by the Curry County Road Department.

IMPORTANT:

BIDS ARE DUE BY July 28, 2025 AT 2:00 P.M.

BIDS MUST BE SUBMITTED ELECTRONICALLY THROUGH CURRY COUNTY’S

PROCUREMENT PROVIDER, BIDNET. REGISTRATION AND ACCESS TO ALL

DOCUMENTS IS FREE OF CHARGE. TO REGISTER, PLEASE VISIT THE LINK:

https://www.bidnetdirect.com/register. BIDS WILL BE TIME-STAMPED IN THE BidNet

SYSTEM WHEN BIDDER SUBMITS. THE BIDDER WILL RECEIVE AN EMAIL OF

THE SUBMISSION FOR THEIR RECORDS. SUCH ELECTRONIC SUBMISSION WILL

BE CONSIDERED SEALED BIDS IN CONFORMANCE WITH STATUTE.

WE LOOK FORWARD TO YOUR BID SUBMISSION.

IF THERE IS ANY PROBLEM REGARDING THE FOLLOWING BID SPECIFICATIONS

OR CONDITIONS THAT WOULD PREVENT YOU FROM SUBMITTING A BID,

CONTACT THE PURCHASING AGENT BY EMAIL AT

mcrouch@currycountynm.gov IMMEDIATELY FOR CLARIFICATION OR

CONSIDERATION OF AN ADDENDUM.

BIDS MUST BE SUBMITTED ELECTRONICALLY

Melynda Crouch Curry County Purchasing Agent mailto:lschlimm@currycounty.org

Page 3 Commodity Class #91395

SPECIFIC CONDITIONS

Bids must be received electronically by July 28, 2025 at 2:00 p.m. Mountain Time.

Sealed bids will be publicly opened online via Google Meet. Instructions for participating in the meeting are as follows:

ITB #2025/26-01 Chip Seal and Overlay Projects

Open ITB 2025.26.01 Chip Seal and Overlay

Monday, July 28 · 2:00 – 3:00pm

Time zone: America/Denver

Google Meet joining info

Video call link: https://meet.google.com/mds-smms-ikz

Or dial: 2773-738-505 1(US) + PIN: 089 126 427 #

More phone numbers: https://tel.meet/mds-smms-ikz?pin=1488807916038

1. Criteria for Award: County reserves the right to award multiple contracts to multiple Bidders whose offers are determined to be in the best interest of the County, based on price, availability and ability to deliver timely services. Award shall be based on the lowest responsible bid prices which meet specifications and deliverable requirements. The Board of Curry County Commissioners reserves the right to reject any or all bids, to waive any technicalities and to accept the bid(s) which in its judgment is most advantageous to the County. Multiple bids may be awarded to achieve the lowest cost to the County.

2. Guaranteed Performance: The Bidder, if awarded a contract as a result of this bid, guarantees that services will conform to the specifications in this bid. Failure of the bidder to comply with providing a service which meets minimum specifications may result in termination of the award of that item or termination of the contract.

TECHNICAL SPECIFICATIONS:

GENERAL DESCRIPTION OF WORK

This Agreement is for furnishing and/or application of chip seal and/or overlay on County

Roads. Work under this contract shall include all labor, materials and equipment necessary to perform chip seal/overlay projects, for the County of Curry, Clovis, New Mexico. Work must be completed within 60 days of Notice to Proceed.

The following sections of the New Mexico State Department of Transportation Standard Specification for Highway and Bridge Construction (current addition), shall be an integral part of these specifications:

Page 4 Commodity Class #91395

• Section 104 – Scope of Work

• Section 105 – Control of Work

• Section 106 – Control of Materials

• Section 402 – Asphalt Materials and Mineral Admixtures

• Section 403 – Open Graded Friction Course

• Section 408 – Prime Coat

• Section 902 – Quality Control

• Section 903 – Quality Assurance

• Section 906 – Minimum Testing Requirements

• Division 702 – Construction Traffic Control Devices

• Together with and including all current Special Provisions and Supplemental

Specifications

Sampling and Testing

1. All tests and inspections as required by New Mexico State Department of Transportation

Standard Specification for Highway and Bridge Construction (current addition) for material certification and construction as noted in the specifications, shall be paid by the Contractor except those tests specifically noted herein as being paid by the County. The County and Road

Superintendent reserves the right to employ any testing certified company to perform a specific category of testing as may be noted herein. The costs of testing not paid by the County shall be paid by the Contractor and shall be included in the cost of the associated item of work as defined in the method of measurement and basis of payment noted in the specifications.

2. Tests shall be made by an independent testing laboratory and be acceptable to the County and

Road Superintendent. Except as otherwise provided, sampling of materials, testing methods and testing equipment shall be in accordance with the latest standard or tentative method of the referenced specification.

3. Tests and procedures to be performed by the Contractor shall conform to the requirements of technical specifications, the referenced specifications and as otherwise required by the Road

Superintendent.

When supplying materials to the County, the selected Bidder shall abide by the following in addition to Section 402.2.1.5 Sampling and Testing:

• The selected Bidder will send certificates of compliance with each load of materials delivered to the jobsite. The certifications of compliance will be given to the Curry County Road Superintendent or Designee at the jobsite.

All tankers shall be sealed when they arrive to the jobsite.

Materials

All materials employed in permanent construction shall be new, full weight, in first-

Page 5 Commodity Class #91395 class condition and suitable for space provided.

The selected Bidder will provide to the Curry County Road Department proof that the materials provided have met the following specifications:

1. High Float Emulsions – Section 402 of the New Mexico State Department of

Transportation Standard Specifications for Highway and Bridge Construction, special provisions and supplemental specifications (current editions).

2. Polymer Modified High Float Emulsions – Section 402 of the New Mexico State

Department of Transportation Standard Specifications for Highway and Bridge

Construction, special provisions and supplemental specifications (current editions).

3. Asphalt Emulsified Prime – Section 408 of the New Mexico State Department of

Transportation Standard Specifications for Highway and Bridge Construction, special provisions and supplemental specifications (current editions).

4. Penetrating Emulsified Prime – Section 408 of the New Mexico State Department of

Transportation Standard Specifications for Highway and Bridge Construction, special provisions and supplemental specifications.

5. ½” Chip seal aggregate – Section 403.2.2 of the New Mexico State Department of

Transportation Standard Specifications for Highway and Bridge Construction, special provisions and supplemental specifications (current editions).

6. ¾” Chip seal aggregate - Section 403.2.2 of the New Mexico State Department of

Transportation Standard Specifications for Highway and Bridge Construction, special provisions and supplemental specifications (current editions).

Storage of Materials

Materials shall be so delivered, stored and handled as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work.

Private property shall not be used for material storage purposes without written permission of the

County or Lessee. If requested by the Road Superintendent, copies of such written permission shall be furnished to him. All sites required for material shall be restored to their original condition by the Contractor at no additional expense to the County. Unless Contractor storage areas are otherwise provided, materials shall be stored in public rights of way or easements as established.

The Contractor shall be responsible for protecting all materials from damage, vandalism or theft.

Materials shall be stored in such a manner so as not to create a hazard to the public or adjoining property.

Project Delivery Requirements

The selected Bidder is required to meet the project schedule, ensuring that materials and equipment are at the jobsite as scheduled, ensuring that samples, supplied by the selected

Bidder, are available to sample when requested and within the required time limits and

Page 6 Commodity Class #91395 ensure that all material delivered to the project meet or exceed specifications. The selected

Bidder will be responsible for all costs incurred, by the Bidder, which the County determines as not being applicable to the project.

WORKMANSHIP

The County or Road Superintendent may stop any work or any part of the work performed by the Contractor if the methods or conditions are such that unsatisfactory work might result, or if improper materials or workmanship are being used. The work shall not resume until remedial action is taken by the Contractor and approval for resumption of work is given by the County or the Road Superintendent. The work stoppage period for improper work will not entitle the Contractor to additional compensation or an extension to the contracted Time of Completion.

CLEAN-UP

No separate measurement or payment will be made for clean-up and dress-up of the construction site, or haul of materials from the project site. This work shall be considered incidental to the related item of work and any associated costs shall be the Contractor’s responsibility.

The Contractor shall maintain a safe and clean work area to the maximum extent practicable and remove all waste containers, pallets, trash and debris, etc., from the premises at regularly scheduled periods for the duration of the work.

The project work site and all affected areas shall be dressed-up and finish to the satisfaction of the Road Superintendent and County at regular intervals throughout the project work and prior to the final acceptance of the project. The project area shall be restored to same or better condition as before construction.

FINAL INSPECTION

When improvements contained in the Contract are substantially complete, the Contractor shall notify the County or the Road Superintendent in writing that the work will be ready for inspection on a given date as stated in the notice. The notice should be given at least ten

(10) calendar days prior to the date stated for inspection.

The Road Superintendent will require a Pre-Final inspection of the completed work. For all the work items not in conformance with the contract documents, the Road Superintendent will provide the Contractor with a “Punch List” of work items to be completed or corrected by the Contractor. Prior to the Pre-Final inspection, the Contractor shall submit to the Road

Superintendent at a minimum the following:

Upon completion of any “Punch List” items required of the Contractor, the Contractor shall give notice to the Road Superintendent requesting a Final Inspection and acceptance of the

Page 7 Commodity Class #91395 project work. If after the Final Inspection, all contract work is acceptable to the County and

Road Superintendent, the Contractor may request final payment on the Contract.

HOLIDAYS

The Contractor shall not work on legal holidays.

Weekend work is allowed between the hours of 8:00 am to 6:00 pm on Saturdays, and between the hours of 8:00 am to 5:00 pm on Sundays. The Road Superintendent must approve all weekend work. The Contractor shall be responsible for any additional costs incurred by the County due to such work.

INSPECTION

The County will provide inspection of the project work. The Contractor shall not cover any work until inspected by the Road Superintendent or an assigned designated representative. The Road

Superintendent may require work not inspected to be uncovered for inspection with no additional cost to the County.

MOBILIZATION

This work shall consist of the mobilization of personnel, equipment and supplies at the project site in preparation for work on the project. This item shall also include the establishment of the

Contractor’s offices, buildings and other necessary facilities, and all other costs incurred or labor and operations, which must be performed prior to beginning the other items under the contract.

Mobilization bid item is not to exceed 5% of total bid.

METHOD POF MEASUREMENT AND PAYMENT

All quantities are to be measured by the Curry County Road Superintendent or Designee and shall be considered final and all payments for the same will be made on this basis.

TRAFFIC CONTROL CHIP AND SEAL STANDARDS

SCOPE

Work to be performed shall include all labor, equipment, materials, traffic control, mobilization fees, and miscellaneous items necessary to furnish and install chip and seal wear resurfacing.

Please price the projects by each tenth of a mile include a total amount.

REFERENCE STANDARDS

Page 8 Commodity Class #91395

All work is to be performed in accordance with the New Mexico State Department of

Transportation Standard Specifications for Highway and Bridge Construction, special provisions and supplemental specifications (current editions). The reference items listed below are not reproduced in their entirety.

CONSTRUCTION COORDINATION

Contractor to provide a detail schedule of work, at a minimum of one (1) week in advance of work commencing, so that the County crews can stay in front of the Chip Seal project. Schedule will be provided to the County crews one (1) week in advance of any work commencing.

TRAFFIC CONTROL

The Contractor shall provide the County with a detailed traffic control plan prior to starting any road work. Unless otherwise provided, the Contractor shall keep the road open to all traffic in accordance with the traffic control plan during the progress of the work. Contractor to schedule operations so that only one (1) side of the road is denied to traffic at any time. The road and intersections of access points shall be maintained in a manner that will safely and adequately accommodate traffic. Barricades, warning signs, lights, temporary signals, and other protective devices shall conform to the latest revision of the “Manual of Uniform Traffic Control Devices for Streets and Highways (MUTCD)” published by the FHWA.

The Bidder will announce the work two (2) weeks in advance by way of Press Release notification and by providing the Contractor’s schedule two (2) weeks in advance of the work commencing based on the Contractors schedule.

Contractor to provide a detail schedule of work to the County and will be responsible for notifying the residents of affected roads a minimum of seventy-two (72) hours in advance of work commencing chip sealing per the methods noted above.

¾” & ½” CHIP SEAL/OVERLAY

This work consists of furnishing and applying bituminous material and aggregate cover coat, on an existing surface. Aggregates for cover material shall be crushed stone, crushed slag, crushed gravel, or natural gravel. Aggregates shall be composed of clean, tough, durable fragments free from an excess of flat, elongated, soft, or disintegrated pieces and free from fragments coated with dirt or other objectionable matter. Slag shall be reasonably uniform in density.

The entire road surface that is to receive a chip/seal coat shall be cleaned of loose sand, dust, rock, mud, and other debris that could prevent proper adhesion of the bituminous coating after the crack sealing process has been completed. The cleaning shall be accomplished by power broom, scraping, blading, or other measures. Bituminous material shall be applied by a pressure distributor in a uniform, continuous spread and within the required temperature range. If streaking occurs, the distributor operation shall be stopped immediately until the cause is determined and corrected. The length of spread of the bituminous material shall not be in excess

Page 9 Commodity Class #91395 of the area which trucks loaded with cover coat material can immediately cover. Bituminous material shall not be applied on a damp surface, when either the air or pavement surface temperature is below 70 degrees Fahrenheit, or when weather conditions would prevent the proper construction of the seal coat.

If directed, the cover coat material shall be moistened with water prior to spreading, to eliminate or reduce the dust coating of the aggregate. If cover coat material is lightweight aggregate, it shall be moistened with water prior to spreading.

Immediately after the cover coat material is spread, any deficient areas shall be covered with additional material. Rolling shall begin immediately behind the spreader and shall continue until three complete coverages are obtained. Rolling shall be completed the same day the bituminous material and cover coat are applied. The completed roadway surface shall be lightly broomed as soon as possible to remove excess material, without removing any imbedded material.

The emulsion shall be applied at the shot rate below per Road Superintendent’s recommendation.

Application of AEP or PEP on ¾” fractured Aggregate will be .40 to .45 gallons per square yard.

Application of HFE90 or HFE100P on ½” fractured Aggregate will be .36 to .40 gallons per square yard.

A final brooming/cleaning will occur after the emulsion has been applied to clean up any excess debris along curb and gutter adjacent to the project area. Excess chips that have been tracked beyond the project area during the compaction process will need to be broomed up (to a reasonable degree). This work will need to be completed no later than five (5) working days after the work has been completed.

CONTRACT

The anticipated term of a contract(s) awarded as a result of this Bid shall be for one (1) year.

The contract(s) may be renewed according to the terms stated herein for three (3) additional one (1) year periods, not to exceed a maximum of four (4) years. All prices, costs and conditions submitted in response to this Invitation to Bid (ITB) shall remain fixed and valid after the closing date for this bid submission and throughout the term of the agreement. The

County shall have the option of renewing the existing contract(s), by mutual agreement, with approval by the Board of Commissioners, or requesting new bids for services. The rates may be negotiated for each renewal year of the contract(s). A breach of any terms of the contract shall be grounds for immediate termination of the contract. Either party may terminate the contract for any reason upon written notice to the other party, made at least ninety (90) days in advance of the termination date.

PRE-BID CONFERENCE

A pre-bid conference is not scheduled. Should you have questions regarding the scope of work, please contact Melynda Crouch at mcrouch@currycountynm.gov

VARIATIONS

Any variations from, or exceptions to, the conditions and specifications of this bid must be listed

Page 10 Commodity Class #91395 on a separate sheet labeled "Exception(s) to Bid Conditions", and attached to the bid.

QUOTATION SHEETS

Bidders shall use the attached Quotation Sheet(s) to submit their bids. The Quotation Sheet(s) must be signed.

NEW MEXICO BIDDERS’ PREFERENCE

Pursuant to Sections 13-1-21 & 13-4-2 NMSA 1978, and GSD Rule 1.4.1 NMAC, bidders claiming the 8% preference must be certified prior to the bid opening. The number must appear on the Quotation Sheet(s) in the space provided to receive the preference.

BID OPENING

Competitive bids will be accepted until July 28, 2025 at 2:00 p.m. Bids must be submitted electronically through Curry County’s procurement provider, BidNet. Registration and access to all documents is free of charge. To register, please visit:

https://www.bidnetdirect.com/register

Bids will be time-stamped in the BidNet system when Bidder submits. The Bidder will receive an email of the submission for their records. Such electronic submission will be considered sealed bids in conformance with statute.

RESERVATIONS

The Curry County Commission reserves the right to reject any or all bids, to waive any technicalities, to accept in whole or in part such bid or bids as may be deemed in the best interest of the County.

SAFETY REQUIREMENTS

It shall be the Bidder’s responsibility to provide for the safety of its workers and the public in compliance with the requirements of insurance and public health and safety standards.

AWARD

The award may be made to the Bidder providing a responsive, responsible bid which results in the lowest overall cost to the County. The award will be made by the Curry County Commission at their regularly scheduled meeting. Bid prices must be good for ninety (90) days subsequent to date of opening.

QUESTIONS

Questions regarding the specifications stated within the bid or the bidding process should be directed to Melynda Crouch, Purchasing Agent at mcrouch@currycountynm.gov.

Written questions/requests must be submitted no later than seventy-two (72) hours prior to the Bid opening and must include the Bidder’s name, mailing address, email address, telephone and https://www.bidnetdirect.com/register

Page 11 Commodity Class #91395 firm he/she represents. Only written questions/requests that are sent to the aforementioned email address will be considered. Oral questions/requests will not be considered. Written questions/request submitted to any other Department or contact will not be considered.

GENERAL CONDITIONS

1. Bid Forms: All pages included in this Invitation to Bid that are marked "BID FORM" must be completed and returned as part of the bid document. All bids must be completed and securely sealed prior to submitting to the Purchasing Office. No un-sealed, faxed or e-mailed bids are acceptable.

2. Bids Binding Ninety (90) days: Unless otherwise specified all formal bids submitted shall be binding for ninety (90) calendar days following bid opening date, unless the Bidder(s), upon request of the County Manager, agrees to an extension.

3. Payment Terms: For all services provided by Contractor, payment shall be made net thirty

(30) days from invoice date after receipt of goods/services unless otherwise specified on bid form or as otherwise agreed by both parties. All invoices shall be submitted directly to the

Curry County Finance Department at 417 Gidding, Suite 100, Clovis, NM 88101. The successful Bidder must have submitted a completed W9 form on file with the County prior to any payments being issued.

For all services paid by Credit Card, standard payments are usually made within three (3) to five (5) business days. All services made by credit card require a receipt. Invoices shall not be submitted separately if payment is made with credit card. Curry County shall not pay any fees when utilizing a credit card for payment.

4. Equivalency: The County hereby reserves the right to approve as equivalent, or to reject as not being equivalent, any item the Bidder proposes to furnish which contains variations from specification requirements but may comply substantially therewith. Such decisions are strictly at the discretion of the County.

5. If there is any clarification, problem, ambiguity, or question regarding this bid, you must contact the Purchasing Agent or Designee prior to the bid opening. Clarifications and addenda will be considered prior to the bid opening. Answers provided regarding the bid specifications or bid package MUST be answered by the Purchasing Agent or Designee.

Questions answered by any other person or County Official shall not be considered applicable to the legal provisions of this bid, except as specifically authorized by the Purchasing Agent.

6. Restrictive Specifications: It is the responsibility of the prospective Bidder to review the entire

ITB packet and to notify the Purchasing Department if the specifications are formulated in a manner which would unnecessarily restrict competition. Any such protest or question regarding the specifications or bidding procedures must be received in the Purchasing

Department not less than seventy-two (72) hours prior to the time set for bid opening.

7. An in-state Resident or Resident Veteran Preference will be given to all resident New Mexico businesses that have been issued certification by the State of New Mexico. To qualify for the

Page 12 Commodity Class #91395 preference, the Bidder must list a valid resident business certificate number and shall submit a copy of the certificate with the bid. If you have a question regarding a Resident Business (or

Resident Veteran Business) Certification, or wish to be given a number, you may contact the

New Mexico State Department of Taxation and Revenue at 505-827-0951. This number is valuable to have as it allows the County to consider your bid at eight (8) to ten (10) percent less than the amount submitted, and could mean a difference in award. Please note that this number is NOT your State CRS Number (i.e. 01-503047-004). In addition, any preference numbers issued by the NM State Purchasing Office were valid only through December

31, 2011 and must be re-issued through the Taxation and Revenue Department.

8. Bidders shall list on a separate sheet of paper any variations from or exceptions to the conditions and specifications of this bid. This sheet shall be labeled "Exception(s) to Bid

Conditions" and shall be included with bid.

9. Non-collusion: Bidders, by submitting a signed bid, certify that the accompanying bid or proposal is not the result of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line of business or commerce, or any other fraudulent act punishable under New Mexico or United States law.

10. Non-discrimination Statement: Curry County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all Bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Please refer to complete Curry County Title VI Plan, specifically Appendices A and E at http://www.currycounty.org/dr/miscellaneous.

11. Qualifications of Bidders: The Curry County Purchasing Officer may make such investigations as he/she deems necessary to determine the ability 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 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 complete the work contemplated therein.

12. The State of New Mexico's Procurement Code, Section 13-1-28 through Section 13-1-199

NMSA 1978, imposes civil and criminal penalties for its violations. In addition, the New

Mexico Criminal Statutes impose felony penalties for illegal bribes, gratuities and kickbacks.

13. Curry County reserves the right to reject any bid from a Bidder who previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the bid of a

Bidder who is not in a position to perform such a contract satisfactorily. Such is at the discretion of the County.

http://www.currycounty.org/dr/miscellaneous

Page 13 Commodity Class #91395

14. The successful Bidder agrees to protect, defend and save the County, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, causes of action of any kind or character, including the cost of defense thereof, arising in favor of the Bidder’s employees or third parties on account of bodily or personal injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the Bidder and/or its agents, employees, representatives, assigns, subcontractors, except the sole negligence of the County under this agreement.

15. If a Bidder to whom a bid is awarded refuses to accept the award or, fails to deliver in accordance with the contract terms and conditions, the County may, in its discretion, suspend the Bidder for a period of time from entering into any contracts with Curry County.

16. This solicitation is governed by the laws of the State of New Mexico. By signing and submitting a bid, the parties agree that any litigation concerning this bid, request for proposal, limited solicitation, or subsequent contract or purchase order, must be brought in the Ninth

Judicial District in and for Curry County, State of New Mexico, and each party shall pay its own costs and attorney fees.

17. Successful Bidder must, in performance of work, agree to fully comply with all applicable federal, state and local laws, rules and regulations. The Bidder will be required to carry the following minimum insurance coverage with Curry County named as additional insured on all policies:

a. General and professional liability insurance in the amount of one million fifty thousand dollars ($1,050,000.00) single limit, and two million dollars

($2,000,000.00) aggregate

b. Workers’ Compensations insurance as required by state statue.

18. It is the responsibility of the Bidder to ensure that any addenda issued related to this ITB have been received prior to submitting a bid. The County guarantees that any addenda issued will be distributed and available to every party on the Distribution List for this solicitation. The

County will not accept responsibility for addenda not being obtained and will not guarantee that addenda will be forwarded or available if the original packet was not obtained as directed.

19. The successful Bidder shall not subcontract any portion of this Agreement without the prior written approval of the County. No such subcontracting shall relieve the Bidder from its obligations and liabilities under this Agreement, nor shall any subcontracting obligate payment from the County.

Bid No. 2025/26-01 Chip Seal and Overlay of Roads for Curry County Road Department Page 14 Commodity Class #91395

BID FORM 1

QUOTATION SHEET

Curry County reserves the right to award a contract to the lowest bidder of Bid Form 1 and a separate contract to the lowest bidder of Bid Form 2, if low bidder is different for each bid form.

CHIP SEAL

Bid 1-mile (5280 feet) X 24 feet wide

Utilizing 260 tons of rock per mile (if requested)

Application of AEP or PEP on ¾” fractured Aggregate will be bid at .45 gallons per

SY

Application of HFE90 or HFE100P on ½” fractured Aggregate will be at.40 gallons per SY

County Wide Locations as Per Bid Specifications

1. ¾” rock with AEP, 1/2” rock with HFE90 $_____________/Lump Sum

2. ¾” rock with PEP, 1/2” rock with HFE100P $____________/Lump Sum

3. County Supplied ¾” rock with AEP, County Supplied rock with HFE90 $_____________/Lump Sum

4. County Supplied ¾” rock with PEP, County Supplied rock with HFE100P $_____________/Lump Sum

(NOTE: Do not include gross receipts tax in the prices quoted above.)

Signed_______________________________________________________________

Printed/type written name_________________________________________________

Title _________________________________________________________________

Firm _________________________________________________________________

Address ______________________________________________________________

Phone ______________________________ Fax _____________________________

Email ______________________________ Date ______________________________

Page 15 Commodity Class #91395

BID FORM 2

QUOTATION SHEET

Curry County reserves the right to award a contract to the lowest bidder of Bid Form 1 and a separate contract to the lowest bidder of Bid Form 2, if low bidder is different for each bid form.

OVERLAY

Bid 1-mile (5280 feet) X 24 feet wide

Utilizing 260 tons of rock per mile (if requested)

Application of HFE90 or HFE100P on ½” fractured Aggregate will be at.40 gallons per SY

County Wide Locations as Per Bid Specifications

5. Overlay Project 1/2” rock with HFE90 $_____________/Lump Sum

6. Overlay Project 1/2” rock with HFE100P $____________/Lump Sum

7. Overlay Project County Supplied rock with HFE90 $_____________/Lump

Sum

8. Overlay Project County Supplied rock with HFE100P $_____________/Lump

Sum

(NOTE: Do not include gross receipts tax in the prices quoted above.)

Signed_______________________________________________________________

Printed/type written name_________________________________________________

Title _________________________________________________________________

Firm _________________________________________________________________

Address ______________________________________________________________

Phone ______________________________ Fax _____________________________

Email ______________________________ Date ______________________________

Page 16 Commodity Class #91395

BID FORM 3

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to the Procurement Code, Sections 13-1-28, et seq., NMSA 1978 and NMSA

1978, § 13-1-191.1 (2006), as amended by Laws of 2007, Chapter 234, any prospective contractor seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period.

Furthermore, the state agency or local public body may cancel a solicitation or proposed award for a proposed contract pursuant to Section 13-1-181 NMSA 1978 or a contract that is executed may be ratified or terminated pursuant to Section 13-1-182 NMSA 1978 of the

Procurement Code if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law.

The state agency or local public body that procures the services or items of tangible personal property shall indicate on the form the name or names of every applicable public official, if any, for which disclosure is required by a prospective contractor.

THIS FORM MUST BE INCLUDED IN THE REQUEST FOR PROPOSALS AND

MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT

THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE

ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE.

The following definitions apply:

“Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal.

“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, Page 17 Commodity Class #91395 that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to statewide or local office. “Campaign

Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.

“Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law of (a) a prospective contractor, if the prospective contractor is a natural person; or (b) an owner of a prospective contractor.

“Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals.

“Prospective contractor” means a person or business that is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person or business qualifies for a sole source or a small purchase contract.

“Representative of a prospective contractor” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor.

Name(s) of Applicable Public Official(s) if any: Fidel Madrid, Dusty Leatherwood, Brad

Bender, Kyle Cain, Seth Martin, Anastasia Hogland, Sam Kelley, Ben McDaniel, Michael

Brockett, Hollie Barnett.

DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR:

Contribution Made By: __________________________________________

Relation to Prospective Contractor:

Date Contribution(s) Made: __________________________________________

Amount(s) of Contribution(s)________________________________________

Nature of Contribution(s)___________________________________________

Purpose of Contribution(s)__________________________________________

Page 18 Commodity Class #91395

(Attach extra pages if necessary)

Signature Date

Title (position)

--OR—

NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED

FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative.

Signature Date

Title (Position)

Page 19 Commodity Class #91395

BID FORM #4

RESIDENT/VETERANS PREFERENCE CERTIFICATION FORM

(NAME OF CONTRACTOR) hereby certifies the following in regard to application of the resident veterans’ preference to this procurement:

Please check one box only

Resident Veterans:

I declare under penalty of perjury that my business prior year revenue starting January

1 ending December 31 is less than $3M allowing me the 10% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime

Resident Businesses:

I declare under penalty of perjury that my business is a New Mexico resident business allowing me the 8% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

“I agree to submit a report, or reports, to the State Purchasing Division of the General

Services Department declaring under penalty of perjury that during the last calendar year starting January 1 and ending on December 31, the following to be true and accurate:

“In conjunction with this procurement and the requirements of this business’ application for a Resident Veteran Business Preference/Resident Veteran Contractor Preference under

Sections 13-1-21 or 13-1-22 NMSA 1978, when awarded a contract which was on the basis of having such veteran’s preference, I agree to report to the State’s Division of the

General Services Department the awarded amount involved. I will indicate in the report the awarded amount as a purchase from a public body or as a public works contract from a public body as the case may be.

“I understand that knowingly giving false or misleading information on this report constitutes a crime.”

I declare under penalty of perjury that this statement is true to the best of my knowledge. I understand that giving false or misleading statements about material fact regarding this matter constitutes a crime.

Native American

Under the law, Native American-owned companies will receive either an 8% or 10% equivalent based on whether they are also a veteran-owned business. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

The representations made in checking the boxes constitutes a material representation by the business that is subject to protect and may result in denial of an award or un-award of the procurement involved if the statements are proven to be incorrect.

A valid New Mexico Resident Business, New Mexico Veteran’s Resident Business or

Native American Certificate must be provided in order to receive preference.

I do not claim New Mexico Resident Business, New Mexico Veteran’s Resident

Business or Native American preference on this bid.

Page 20 Commodity Class #91395

(Signature of Business Representative) * (Date)

*Must be an authorized signatory for the Business.