GBOM Roswell Market Place Walk identified as Cultural Plaza - Bid Book.pdf

CHAVES COUNTY

Contract Documents

For

GBOM: Roswell Market Place Walk identified as Cultural Plaza

ITB-25-02

September 2024

Prepared for

Chaves County, New Mexico

Ana Nieto, Purchasing Director ana.nieto@chavescounty.gov

(575) 624-6615

Table of Contents Advertisement For Bids ........................................................................................................................ AB-1 Checklist…………………………………………………………………………………………………………CL-1 Schedule for Bidders ........................................................................................................................... SB-1 Instructions To Bidders ..........................................................................................................................IB-1

1. Time and Place of Receiving and Opening of Bids .................................................................. IB-1

2. Specifications ........................................................................................................................... IB-1

3. License and Royalty Fees ........................................................................................................ IB-1

4. Taxes ........................................................................................................................................ IB-1

5. Interpretation of Documents ..................................................................................................... IB-1

6. Addenda ................................................................................................................................... IB-1

7. Examination of Contract Documents and Site .......................................................................... IB-1

8. Submission of Bid Proposals .................................................................................................... IB-2

9. Bid Security .............................................................................................................................. IB-2

10. Modification and Withdrawal of Bid Proposals ......................................................................... IB-3

11. Opening of Bids ........................................................................................................................ IB-4

12. Bid Consideration Time ............................................................................................................ IB-4

13. Qualification of Bidders ............................................................................................................ IB-4

14. Subcontractors, Other Persons, Organizations ........................................................................ IB-4

15. Award of Contract ..................................................................................................................... IB-5

16. Rejection of Bids ...................................................................................................................... IB-5

17. Bonds and Insurance Certificates ............................................................................................ IB-5

18. Guarantee Provisions ............................................................................................................... IB-6

19. Wage Rates .............................................................................................................................. IB-6

20. Substitutions ............................................................................................................................. IB-6

21. Utilities ...................................................................................................................................... IB-6

22. Collusion ................................................................................................................................... IB-6

23. Pre-Bid Conference .................................................................................................................. IB-6

24. Public Works Contracts ............................................................................................................ IB-7

25. Workers Compensation Insurance – Non-Resident Contractors ............................................. IB-8

Special Provisions ................................................................................................................................ SP-1

1. Liquidated Damages ............................................................................................................... SP-1

2. Taxes ....................................................................................................................................... SP-1

3. Affirmative Action/Equal Employment Opportunity and Nondiscrimination ............................. SP-2

4. Subcontractors Fair Practices Act Compliance ....................................................................... SP-4

5. Compliance With Storm Drainage Discharge Requirements .................................................. SP-5

6. Miscellaneous Provisions ........................................................................................................ SP-6

7. Minimum Wage Rates ............................................................................................................. SP-7

Supplemental Special Provisions ..................................................................................................... SSP-1

1. Equal Products ...................................................................................................................... SSP-1

2. Testing Allowance ................................................................................................................. SSP-1

Bid Proposal .......................................................................................................................................... BP-1 Bid Acknowledgement Form ............................................................................................................ BAF-1 Bidder’s Statement of Qualifications ................................................................................................. SQ-1 Certification Regarding Debarment, Suspension, and Other Responsibility Matters ............... CRD-1 Non-Collusion Affidavit .................................................................................................................... NCA-1 Related Party Disclosure Form .........................................................................................................RDF-1 Certificate of Insurance ........................................................................................................................ CI-1 Bidder’s Listing of Subcontractors (SFPA) ................................................................................... SFPA-1 Bid Bond ............................................................................................................................................. BB-1 Contractor’s List of Subcontractor/Suppliers ................................................................................. CLS-1 Form W-9, Request for Taxpayer Identification Number ................................................................ W-9-1 Agreement ........................................................................................................................................ AIA-101 Performance Bond ................................................................................................................................ PB-1 Labor and Materials Payment Bond .................................................................................................LMP-1 General Conditions of the Contract for Construction .................................................................. AIA-201 Technical Specifications ...................................................................................................................... TS-1

Advertisement for Bids AB-1 09-15-24

Advertisement For Bids

GBOM: Roswell Market Place Walk identified as ‘Cultural Plaza’

Description of Work:

Construction of a plaza in Roswell including but not limited to: demolition, earthwork, electrical, lighting, restroom building and plumbing, shade structures, masonry walls, ornamental fencing and gates, water tower monument feature, concrete paving, concrete retaining walls, concrete steps and ramps with handrails, pavers, irrigation, and landscape materials.

There will be a non-mandatory pre-bid meeting at 10:30am, Wednesday, September 25th, 2024 in the County Manager Suite Conference Room located at #1 St. Mary’s Place, Roswell, NM. The pre-bid meeting is voluntary; however, proposers are encouraged to attend.

Sealed bids will be received by the office of the Purchasing Director, #1 St. Mary’s Place, Roswell, NM 88203 for the project described herein no later than 2:00pm local time on October 30th, 2024 at which time the public opening and reading of bids received will begin in the County Manager Suite Conference Room located at #1 St. Mary’s Place, Roswell, NM 88203. Delivery of bids is the sole responsibility of the Bidder.

For Instructions to Bidders, bidding forms, and other contract documents, including plans, etc. to be used in connection with the submission of bids (“bidding documents”), the prospective Bidders are invited to contact the Purchasing Director by email at ana.nieto@chavescounty.gov and/or access them from bidnet.

The Bidder's attention is specifically directed to the Instructions to Bidders and Special Provisions contained in the Contract Documents.

This project is funded in whole or partially by NM State Appropriation.

Name and Address of Landscape Architect:

Jeff Stuart Pland Collaborative 515 Broadway Lubbock, TX 79401 Office Phone: 505-268-2266 ext # 115

Advertised via newspaper ad in Chaves County, Las Cruces, and Albuquerque and on the New Mexico Purchasing Group website

Checklist CL-1 09-15-24

Bid Item Checklist GBOM: Roswell Market Place Walk identified as ‘Cultural Plaza’

Item Page # Complete & Included

Bid Item Checklist

Bid Proposal

Bid Acknowledgement Form

Bidder’s Statement of Qualifications

Certification Regarding Debarment, Suspension, and Other Responsibility Matters

Non-Collusion Affidavit

Related Party Disclosure Form

Campaign Contribution Disclosure

Certificate of Insurance

Bidder’s List of Subcontractors

Bid Bond

Performance Bond

Labor and Materials Payment Bond

Contractor’s List of Subcontractors and Suppliers

W-9

Standard form of Agreement Between Owner and Contractor

General Conditions of the Contract for Construction

Schedule for Bidders SB-1 09-15-24

Schedule for Bidders

TENTATIVE BID SCHEDULE:

Action: Responsibility: Date:

1. Issue Bid Purchasing Director, CPO 09/15/2024

2. Non-Mandatory Pre-Bid Meeting @ 10:30AM Bidders/Chaves County/Architect 09/25/2024

3. Deadline to Submit Written Questions Bidders 10/09/2024

4. Response to Questions via Addendum Purchasing Director, CPO 10/11/2024

5. Submission of Bid: Tuesday @ 2:00 PM Bidders 10/30/2024

6. Recommendation to Board of Commissioners Purchasing Director, CPO 11/14/2024

7. Notice of Award Purchasing Director, CPO 11/15/2024

8. Protest Period Effect Date: 11/15/2024 12/02/2024

9. Contract Negotiations/Execution Legal 12/02/2024

EXPLANATION OF BID SCHEDULE:

1. Issue Bid – Bid will be advertised via newspaper ad, posted on the Chaves County website, and on the New Mexico Purchasing Group website.

2. Non-Mandatory Pre-Bid Meeting – This pre-bid meeting is not mandatory but encouraged. The pre-bid meeting will be held in the County Manager Suite Conference Room located at #1 St.

Mary’s Place, Roswell, NM on Wednesday, September 25, 2024 at 10:30am. A site visit may follow.

3. Deadline to Submit Written Questions – All questions shall be submitted to ONLY the

Purchasing Director via email no later than the date specified in the Tentative Bid Schedule;

ana.nieto@chavescounty.gov.

4. Response to Questions via Addendum – Purchasing Director will formally answer all submitted questions via an addendum which will be posted to the Chaves County website and sent to the parties of whom asked the questions.

5. Submission of Bid – (1) Original and (1) Copy of the bid shall be received by the office of the

Purchasing Director no later than the date specified in the Tentative Bid Schedule. Any bids received after the deadline will NOT be accepted unless all other bids are deemed non-responsive.

Any bid not accepted after the deadline will be returned to the bidder unopened.

6. Recommendation to Board of Commissioners – After bid review and acceptance, an award recommendation will be presented to the Chaves County Board of Commissioners.

7. Notice of Award – Upon approval from the Chaves County Board of Commissioners, NOA letters will be emailed/mailed to both successful and unsuccessful bidders.

8. Protest Period – In accordance with Section 13-1-172 NMSA 1978, any Bidder who is aggrieved in connection with the solicitation of a contract or the award of a contract may protest to the Chief

Procurement Officer. The protest must be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest. The protest letter shall include the name and address of the protestant, the solicitation number, and a statement of the grounds for protest, including appropriate supporting exhibits.

9. Contract Negotiations/Execution – After the protest period, Chaves County and the successful bidder may conduct business pursuant to the terms and requirements of this solicitation.

Instructions to Bidders IB-1 09-15-24

Instructions to Bidders

1. Time and Place of Receiving and Opening of Bids: This information will be found in the "Advertisement for Bids." Bids received after the specified time will be returned to the Bidder unopened.

2. Specifications. The construction of this Project will be in accordance with the enclosed specifications and construction details. Note that the term "Bidding Documents" includes all "Contract Documents" required to be used in the Construction Contract with the City.

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

4. Taxes. The Bidder shall include all applicable taxes, except New Mexico Gross Receipts Tax, in all bid amounts, including Lump Sum, Unit Price and Alternate Bid amounts. The Bid Proposal shall contain a separate entry for New Mexico Gross Receipts Tax immediately preceding the Total Base Bid. All Alternates shall contain a separate entry for New Mexico Gross Receipts Tax immediately preceding the total amount of the Alternate. No Unit Prices or Lump Sum Amounts contained within the bid shall include New Mexico Gross Receipts Tax.

5. Interpretation of Documents: If any person contemplating submitting a Bid Proposal for the Work is in doubt as to the meaning of any part of the plans, specifications or other Contract Documents, he may submit to the Purchasing Director a written request for an interpretation thereof at any time prior to nine (9) working days before the time of opening of bids. Any interpretation of the documents will be made only by Addendum duly issued. No verbal response shall be binding.

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

7. Examination of Contract Documents and Site: Before submitting his Bid Proposal, each Bidder must:

Examine the Contract Documents thoroughly.

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

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

Carefully correlate his observations with the requirements of the Contract

Documents.

Instructions to Bidders IB-2 09-15-24

8. Submission of Bid Proposals: Bid Proposals shall be made on the printed forms which are a part of these Contract Documents, without separation from the documents.

Prices shall be filled in for all items in the Bid Proposal including alternates, as required, in the Bid Proposal form.

Prices shall be shown in numerals in ink, printed or typed in the spaces provided.

Bid Proposals must be signed by an individual authorized to bind the company. If the bidder is a corporation, the Bid Proposal must be executed by the President, Vice-President, Secretary, or Treasurer of the bidding company, or the Bidder must include a corporate authorization of the individual signing on behalf of the bidding company.

Alterations to bid amounts by erasures or by interlineations shall be initialed by the signer of the Bid Proposal.

All Bid Proposals shall be submitted and received with the understanding that the Bidder accepts the terms and conditions contained herein.

Each Bid package shall be placed in a sealed opaque envelope marked "Bid Proposal" with the project name and number, and name and address of the Bidder, addressed as follows:

Chaves County

Attn: Purchasing Director #1 St. Mary’s Place Roswell, NM 88203

Delivery of bids to the Purchasing Agent’s office is the sole responsibility of the Bidder.

Bids received after the time specified in the Advertisement for bids shall not be considered and shall be returned to Bidder unopened.

9. Bid Security: Each Bid Proposal shall be accompanied by a Bid Bond issued by a surety duly authorized to conduct business in the State of New Mexico and acceptable to the Owner in the amount of five percent (5%) of the total amount of the bid. Such surety shall be named in the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S.

Treasury Department. Bid security is submitted as a guarantee that the Bidder, if awarded the Contract:

will promptly execute such Contract in accordance with the Bid Proposal and in the manner and form required by the Contract Documents, will furnish good and sufficient bond for the faithful performance of the same and for the payment of all labor and materials, and furnish required certificates of insurance.

The bid security of the three lowest Bidders will be retained until the Contract is awarded or other disposition is made. The bid security of all Bidders except the three lowest will

Instructions to Bidders IB-3 09-15-24 be returned after the canvas of bids. Owner shall have the right to retain the bid security of the three apparent lowest Bidders until either:

the Contract has been executed and the Labor and Material Payment Bond, the Performance Bond and all required certificates of insurance have been furnished to Owner;

the time specified in the Bidding Documents has elapsed so that Bidder may withdraw the Bid Proposal; or all bids have been rejected, whichever occurs first.

Should the Bidder refuse to enter into such Contract or fail to furnish such Bonds or certificates of insurance, the amount of the Bid Security shall be forfeited to Owner as liquidated damages, not as a penalty. Bid Proposals submitted without the required Bid Security will not be considered.

10. Modification and Withdrawal of Bid Proposals: Bid Proposals 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.

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.

C. Correction or Withdrawal of Bid. 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 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 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

Instructions to Bidders IB-4 09-15-24 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.

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

Read the name of the Bidder, Verify Bidder's acknowledgment of receipt of Addenda Read the Bidder's New Mexico contractor's license number and classification, Read the Bidder's Resident Contractor Number, when applicable Read the Bidder’s Department of Labor Registration number

* Determine whether the Bid Proposal is signed by an individual authorized to bind the company, or that a corporate authorization accompanies the Bid

* Verify that a Bid Security is submitted with the bid Verify submittal of Bidder's Listing of Subcontractors for compliance with

Subcontractors Fair Practices Act (if applicable) located on page SFPA-1.

Verify submittal of Campaign Contribution Disclosure Form.

Determine whether other requirements are met.

* Unsigned bids and bids submitted without bid security shall not be read or considered. If any of the other requirements above have not been met, the bid shall be read after the deficiency or deficiencies have been announced and noted.

12. Bid Consideration Time: The Owner will require time to study and canvass each Bid Proposal and to determine whether each Bid is a responsive, responsible bid. In consideration thereof, no Bid Proposal may be withdrawn after the scheduled closing time for receipt of bids for the period of time specified in the Bid Proposal.

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

14. Subcontractors, Other Persons, Organizations:

A. If the Contract Documents require the identity of certain Subcontractors and other persons and organizations to be submitted to the Owner in advance of the Notice of Award, the apparent successful Bidder, and any other Bidder so requested, will within seven (7) days after the day of the Bid Opening, submit to the Owner a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the Work for which such identification is required. If requested by the Owner, such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person and organization.

Instructions to Bidders IB-5 09-15-24

If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, other person, or organization, the Owner may, before giving the Notice of Award, request the apparent successful Bidder to submit an acceptable substitute without an increase in his bid amount. Any Subcontractor, other person, or organization so listed and to whom the Owner does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner.

B. Some Public Works Projects may be subject to the provisions of the "Subcontractors Fair Practices Act", Sections 13-4-31 through 13-4-42 NMSA 1978.

When this Act is applicable, each Bidder shall comply with the requirements set forth in the Special Provisions of these Bidding Documents.

15. Award of Contract. If a Contract is awarded, it will be awarded to the lowest responsible Bidder on the Base Bid shown on the Bid Proposal.

A. Alternates. When Alternates are to be accepted by Owner, the Contract will be awarded to the Responsible Bidder who bids the lowest combined bid of the Base Bid and all accepted Alternates. New Mexico Gross Receipts Tax shall be shown as a separate entry after the subtotal, using the method described above, for each Alternate, followed by a total derived by adding the subtotal and Gross Receipts Tax amounts.

Alternates, if any, and if accepted, will be accepted in ascending order as numbered in the Bid Proposal.

B. Identical Bids. In the event that two or more of the bids submitted are identical in price and are the low bid, the Owner may:

• If, after application of the Resident Contractor Preference the identical low bids are submitted by a resident business and a non-resident business, award to the Resident Contractor;

• Award by lottery to one of the identical low Bidders.

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

16. Rejection of Bids. The Owner reserves the right to reject any and all bids and waive any and all informalities and technical irregularities and the right to disregard all nonconforming or conditional bids or counter proposals. The Owner reserves the right to cancel the opportunity for submission of bids when it is in the best interest of Owner.

Owner further reserves the right to reject any or all bids submitted for Owner's convenience or for cause. Bidders whose bids are rejected shall not be entitled to recover damages of any nature against Owner for Owner's rejection of a bid, for cause or for convenience.

Instructions to Bidders IB-6 09-15-24

17. Bonds and Insurance Certificates: Simultaneously with his delivery of the executed Contract, the Contractor shall furnish separate surety bonds each in the amount of one hundred percent (100%) of the total Contract Price, as follows:

• A Performance Bond as security for the faithful performance of the Contract and

• A Labor and Material Payment Bond for the payment of all labor and materials.

The sureties on such bonds shall be duly authorized to conduct business in the State of New Mexico and acceptable to the Owner, and shall be named in the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department. In addition, the Contractor shall furnish certificates of insurance as required by the General Conditions.

18. Guarantee Provisions: The Contractor shall guarantee the Work as provided in the Contract Documents.

19. Wage Rates: The Bidder's attention is directed to the fact that wages to be paid on this Project shall not be less than the prevailing wage rates as listed by the Director of the Labor and Industrial Division of the New Mexico Department of Labor and (where applicable) the prevailing Federal Wage Rate Decision listed by the U.S. Department of Labor and in effect at the scheduled closing time for receipt of bids.

20. Substitutions: In the construction of this Project, if the Owner has a preference for any process, type of equipment or kind of material, it will be indicated in the appropriate Technical Specification; otherwise, Owner will consider all processes, types of equipment or kinds of material offered on an equal competitive basis if they are in fact the equal to that specified and will accomplish the purpose intended. The Owner reserves the right to be the sole judge as to whether or not a different process, type of equipment or kind of material offered is in fact the equal to that specified.

21. Utilities: The Contractor shall make all provisions for supply of power and water for construction purposes.

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

23. Pre-Bid Conference: When a pre-bid conference date is given in the Advertisement for Bid or by Addendum, the conference shall be conducted to explain the Project. Attendance at the pre-bid conference shall be mandatory only when so required in the Advertisement for Bids or Addendum. When attendance is mandatory, failure to attend shall disqualify the prospective Bidder from submitting his Bid. Whenever attendance is not specified as mandatory, prospective Bidders are encouraged to attend and should be prepared to ask questions or request clarifications regarding the Project and Bidding Documents. Nothing stated at the pre-bid conference shall change the Bidding Documents unless a change is made by Addendum. When attendance is not

Instructions to Bidders IB-7 09-15-24 mandatory, failure of a Bidder to attend the pre-bid conference shall mean that the Bidding Documents are clear, unambiguous, and acceptable to all non-participants, with respect to all who submit bids.

24. Public Works Contracts. All bidders shall comply with the provisions of Sections 13-4-1, et seq. NMSA 1978.

A. Resident Contractor Preference. A Resident Contractor is a New

Mexico Resident Contractor or a New Mexico state business enterprise.

A New Mexico Resident Contractor is any person, firm, corporation or other legal entity if, at the time the Contract for this Project is advertised for bids and at the time bids are opened, it has all required licenses and meets the following requirements:

1) If the Bidder is a corporation, it must be incorporated in New Mexico, and maintain its principal office and place of business in New Mexico,

2) If the Bidder is a partnership, general or limited, or other legal entity, it must maintain its principal office and place of business in New Mexico,

3) If the Bidder is an individual, he shall maintain his principal office and place of business in New Mexico, When bids are received from non-resident contractors and resident contractors and the lowest responsible bid is from a non-resident contractor, the Contract shall be awarded to the resident contractor whose bid is nearest to the bid price of the otherwise low non-resident contractor if the bid price of the resident contractor is made lower than the bid price of the non-resident contractor when multiplied by a factor of ninety-five one-hundredths (0.95).

No contractor shall be treated as a resident contractor in the awarding of public works contracts by Chaves County unless the Contractor has been certified by the State Purchasing Agent (Director of the Purchasing Division, General Services Department) of the State of New Mexico, or his successor, as a resident contractor and has been issued a certification number that is valid at the time the Contract for this project is advertised for bids, and at all times thereafter.

The certification number shall be clearly identified in the bid. The Bidder shall be denied resident contractor status if he does not have the certification number issued to him prior to the time the Contract for this Project is advertised for bids or he fails to submit the certification number at the time of submitting his bid.

B. Registration of Contractors. All bidders shall comply with the provisions of Section 13-4-13.1 (NMSA 1978), with regard to Registration of Contractors.

Any contractor, serving as a prime or not, that submits a bid greater than $50,000.00 for a public works project that is subject to the Public Works Minimum Wage Act shall be

Instructions to Bidders IB-8 09-15-24 registered with the Labor and Industrial Division of the Labor Department.

Bidders shall indicate their Department of Labor (DOL) registration number in the space provided in the Bid Proposal form.

All subcontractors must be registered with the DOL before beginning work. The Contractor awarded the contract shall list the DOL number, if applicable, for each subcontractor listed on the form entitled Contractor’s List of Subcontractors/Suppliers at page CFL-1.

Pursuant to the Subcontractors Fair Practices Act, Section 13-4-31, et seq. NMSA 1978, the Owner will not approve any subcontractor which has not complied with Department of Labor registration requirements.

Any required substitution pursuant to this provision will be made at no cost to the Owner.

25. Worker's Compensation Insurance - Non-Resident Contractors: Notice is given that in addition to the requirements of the General Conditions of the Contract, Non-Resident Contractors shall comply with the provisions of Section 52-1-66 of the Workers Compensation Act and Sections 59A-17-10.1, 59A-18-1, and 59A-18-12 of the Insurance Code, NMSA 1978, pertaining to the worker's compensation insurance policy and rate for employers not domiciled in New Mexico.

Special Provisions SP-1 09-15-24

Special Provisions

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

Section 1 Liquidated Damages

1.1 Liquidated Damages up to Time of Substantial Completion. Liquidated damages, in the amount per day shown in the Bid Proposal will be assessed against the Contractor for each calendar day, or portion thereof, that the Work has not achieved Substantial Completion after expiration of the agreed time allotted for construction, including any approved extensions of time granted.

1.2 Liquidated Damages Following Substantial Completion. Further, liquidated damages in the amount per day shown in the Bid Proposal will be assessed against the Contractor for each calendar day, or portion thereof, that all punch list items listed as incomplete and attached to the Certificate of Substantial Completion are not completed or corrected after expiration of the agreed time allotted for completion and correction, including any approved extensions of time granted. The liquidated damage is cumulative.

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

Section 2 Taxes

2.1 General. The Contractor shall pay all applicable gross receipts, local option, sales, consumer, use, and other similar taxes and assessments and levies. Owner shall not be responsible for payment of taxes which Contractor is responsible for paying to any taxing authority of any governmental unit. The term "Gross Receipts Tax" shall include local option taxes, whenever applicable.

2.2 Gross Receipts Tax Increases or Decreases and Limitations on Payment of Increases. The amount of all taxes in effect at the scheduled closing time for receipt of bids shall be included in the contract price. Payment of any change of rate of gross receipts that take effect during the performance of the contract shall be allowed as a corresponding change in the Contract Price, provided however, that Owner's payment to

Special Provisions SP-2 09-15-24

Contractor of such gross receipts rate change shall be only for progress payments or other billings submitted under the provisions of the Contract on or after the date the rate change goes into effect.

2.3 Special Instructions on Entering Gross Receipts Tax Where Different Tax Rates Apply. In the event the Work on the Project is within areas where different New Mexico Gross Receipts Tax Rates apply, the Bid Proposal form provided in these Bidding Documents will provide the applicable tax rate for each such area and the estimated percentage of the work to be performed in each such area. All Bidders shall use the rate and percentage provided in the Bidding Documents only for purposes of calculating the Bid. It shall be the sole responsibility of the Contractor awarded the Contract when submitting pay applications to determine and properly use the correct tax rate and the amount of work performed in each such area.

2.4 Gross Receipts Tax Surety Bond. Section 7-1-55 NMSA 1978 provides that any person engaged in the construction business who does not have its principal place of business in New Mexico and enters into a prime construction contract to be performed in this state, the gross receipts taxes to be paid on which would be in excess of $50,000, shall at the time such contract is entered into, furnish the Secretary of the New Mexico Taxation & Revenue Department or the Secretary’s delegate with a surety bond, or other acceptable security, in a sum equivalent to the gross receipts to be paid under the Contract multiplied by the applicable rate of the gross receipts tax imposed by Section 7-9-4 NMSA 1978, plus the applicable rate of local gross receipts taxes, to secure payment of the tax imposed on the gross receipts from the Contract, and shall obtain a certificate from the Secretary of the New Mexico Taxation & Revenue Department or the Secretary’s delegate that the requirements of this section have been met.

2.5 Request for Taxpayer Identification Number and Certification.

Simultaneously with his delivery of the executed contract, the Contractor awarded this contract, if an award is made, shall complete and execute a Form W-9, Request for Taxpayer Identification Number and Certification (located in these bidding documents).

Section 3 Affirmative Action, Equal Employment Opportunity & Nondiscrimination

During the performance of this Contract, the Contractor agrees as follows:

3.1 The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, age, national origin or ancestry, or disability.

3.2 The Contractor will make reasonable accommodation to the known disability of an otherwise qualified employee or applicant for employment as required by law, under the New Mexico Human Rights Act, Sections 28-1-1 et seq., NMSA 1978.

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3.3 The Contractor will in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration of employment without regard to race, color, religion, sex, sexual orientation, age, national origin or ancestry, or disability.

3.4 The Contractor will comply with all provisions of Chaves County; the New Mexico Human Rights Act, as amended, Sections 28-1-1 et seq., NMSA 1978; and Title VII of the US Civil Rights Act of 1964, as amended. Contractors required by Section 5 of these Special Provisions to take affirmative action steps and/or to submit a written Affirmative Action Plan will follow the guidelines found in Executive Order 11246, as amended;

Revised Order No. 4 (41 CFR part 60-2 or 60-4 as appropriate); 41 CFR Part 60-250 and 41 CFR Part 60-741 in the preparation of its Affirmative Action Plan and in the performance of its Affirmative Action/Equal Employment Opportunity duties under this Contract.

3.5 The Contractor will furnish to Chaves County all information and reports required by the New Mexico Human Rights Act as amended Sections 28-1-1 et seq., NMSA 1978;

and the Title VII of the US Civil Rights Act of 1964 as amended, and Executive Order 11246 as amended, and will permit access to its books, records, and accounts by the Owner for purposes of review or investigation to ascertain compliance with such laws, rules, orders and regulations.

3.6 The Contractor will post in conspicuous places available to employees, applicants for employment and the general public, nondiscrimination notices required to be posted by state and federal agencies.

3.7 In the event of Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any other applicable laws, rules or orders pertaining to Affirmative Action/Equal Employment Opportunity and Nondiscrimination, this Contract may be cancelled, terminated or suspended in whole or in part, the Contractor may be declared ineligible for further City contracts, and such other sanctions as may be imposed and remedies invoked as otherwise provided by law.

3.8 When the Contractor delivers the executed Agreements to Owner, the Contractor shall also submit to Chaves County, a copy of the executed Contractor's List of Subcontractors/Suppliers on AHRO Form CC-1 (located on page CFL-1).

3.9 In the event that a state or federal agency is providing funding for this Contract and has specific Affirmative Action/Equal Employment Opportunity and Nondiscrimination requirements, which are in conflict with these requirements, the specific state or federal requirements will govern.

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Subcontractors Fair Practices Act Compliance

Some Public Works Projects are subject to the provisions of the Subcontractors Fair Practices Act, Sections 13-4-31 et seq., NMSA 1978.

4.1 The listing threshold is: $9,000.00

4.2 List of Subcontractors Required: The Bidder shall define the categories of work done by each subcontractor in the bid and shall list on page SFPA-1 of the Bid Proposal no more than one subcontractor for each such category, provided however, that such listing shall not include subcontractors whose work does not exceed the threshold dollar amount given in paragraph 6.1 above. Such list shall give the name and city or county of the place of business of each subcontractor under subcontract to the Bidder who will perform work or labor or render service to the Bidder in an amount exceeding the threshold stated in paragraph 6.1. Those subcontractors whose work does not exceed the amount given in paragraph 6.1 shall be listed in accordance with Paragraph 14.A of the Instructions to Bidders.

A bid submitted by a Bidder who fails to comply with this Paragraph 4.2 is a non-responsive bid which shall not be accepted.

4.3 No Bidder whose bid is accepted shall permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original bid without the written consent of Owner.

4.4 No Bidder whose bid is accepted shall sublet or subcontract any portion of the Work in an amount exceeding the threshold amount given in paragraph 6.1 above where the original bid did not designate a subcontractor, unless:

4.4.1 the Bidder received no bid for that category – Note: the Bidder must designate on the list of subcontractors (Form SFPA-1) that "no bid was received", or

4.4.2 the Bidder received only one bid for that category – Note: the Bidder must designate on the list of subcontractors (Form SFPA-1) that "only one bid was received" together with the name of that subcontractor. This designation shall not occur more than one time on the list of subcontractors), or

4.4.3 the Work is pursuant to a Change Order that causes changes or deviations from the original Contract.

If a contractor fails to list a subcontractor in excess of the listing threshold and he does not state that no bid was received or that only one bid was received, he represents that he is fully qualified to perform that portion of the work himself and that he shall perform that portion of the work himself. If after the award of the contract the contractor subcontracts any portion of the work, except as provided in the Subcontractors Fair

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Practices Act, the contractor shall be guilty of violation of the Subcontractors Fair Practices Act and subject to the penalties provided in Section 13-4-41 NMSA 1978.

4.5 Delays Attributable to Hearings Required by the Subcontractors Fair Practices Act: In the event a hearing is required pursuant to the provisions of the Subcontractors Fair Practices Act and a delay in the Work is caused as a result of a subcontractor protesting its substitution, the Contractor shall not be entitled to an increase in the Contract Price or Contract Time.

4.6 Applicability of Section: With the exclusion of that portion of work covering street lighting and traffic signals, the Subcontractors Fair Practices Act shall not apply to contracts for the construction, improvement or repair of streets or highways, including bridges, underground utilities within easements including but not limited to water lines, sewer lines and storm sewer lines.

This Section 4 shall apply to:

x a) All work required of the Contractor.

□ b) Only the following work required of Contractor (list areas):

□ c) All work required of Contractor except (list areas):

Section 5

Compliance With Storm Drainage Discharge Requirements

If the project construction will disturb one acre or more, the project is subject to the U.S.

Environmental Protection Agency (EPA), National Pollutant Discharge Elimination System (NPDES) Regulations for Storm Water Discharges, 40 CFR, Parts 122, 123 and 124.

5.1 The Contractor shall complete an electronic EPA Notice of Intent (NOI) for Storm Water Discharges Associated with Construction Activity Under a NPDES General Permit, Form 3510-9, as directed on the EPA website:

http://cfpub.epa.gov/NPDES/stormwater/enoi.cfm

5.2 The Contractor shall also submit to the Owner, at least seven (7) days prior to

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Chaves County Attn: Purchasing Director

#1 St. Mary’s Place Roswell, NM 88203

5.3 By completing an NOI, the Contractor is certifying to the Owner that a SWP3 has been completed as per the NPDES Permit and is in the Contractor’s possession and one copy has been delivered to the Owner pursuant to Paragraph 7.2 above.

5.4 The Contractor is the designated “Operator” of the NPDES Permit, and is solely responsible for execution of the project construction in conformance with NPDES Permit condition(s) and requirement(s), including work performed by any subcontractor(s). The Contractor shall immediately correct conditions related to the project that are in violation of NPDES permit requirements. Failure by the Contractor to correct such conditions in a timely manner may subject the Contractor to fines and/or penalties.

5.5 The Contractor shall indemnify, defend and hold the Owner harmless from any fines and/or penalties issued for violations of NPDES Permit conditions.

5.6 In the event the Contractor fails to comply with NPDES Permit requirements, the Owner retains the right to enter upon the project site and perform corrective measures.

Any costs associated with corrective measures shall be the responsibility of, and shall be paid by, the Contractor. The Owner shall be entitled to deduct such costs from remaining contract amounts, and if insufficient contract amounts exist, the Contractor shall reimburse the Owner for any deficiency.

5.7 An electronic EPA Notice of Termination (NOT) of Coverage Under a NPDES General Permit for Storm Water Discharges Associated with Construction Activity, Form 3510-13, will be completed by the Contractor at the website in Paragraph 7.1 above, and a copy to the Owner at the address in Paragraph 7.2 above after final acceptance of the project construction by the Owner.

Section 6 Miscellaneous Provisions

6.1 Contractor Maintenance. After Substantial Completion and up through the time the Engineer accepts Contractor’s Application for Final Payment and recommends the Application for Final Payment to the City, the Contractor shall continue to be responsible for security, maintenance, heat, utilities, damage to the Work, and Commercial General, Owners & Contractors Protective, and Workers Compensation insurance.

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Section 7 Minimum Wage Rates

New Mexico Department of Labor Requirements:

7.1 Public Works Minimum Wage Act. The minimum wages to be paid the various classes of mechanics and laborers engaged by the Contractor and subcontractors for Work under this Contract including any additional, omitted or changed work, shall not be less than the amount as determined and established by the Director of the Labor and Industrial Division of the Department of Labor as provided by the Public Works Minimum Wage Act, Section 13-4-11 NMSA 1978, and in full force and effect, without exception, on the effective date of the Contract and during the lifetime of this Contract.

7.1.1 Payment of Wages. The Contractor and each of his subcontractors shall pay each of his employees working under this Contract in full, in cash, and not less than once a week, less all legally required…