ITB-24-2 PVRCC Renovation.pdf

CHAVES COUNTY, STATE OF NEW MEXICO

INVITATION TO BID

FOR

PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION

Invitation to Bid # ITB-24-2

Bill Williams County Manager

Analicia Nieto Purchasing Director, CPO

Bid Opening: 2:00 p.m. (local time) on September 12, 2023

Mandatory pre-bid Meeting at 10:00 a.m. on August 23rd, 2023

ITB-24-2 PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION PROJECT 2

PROJECT NAME Pecos Valley Regional Communications Center Renovations

BID NUMBER ITB-24-2

TABLE OF CONTENTS PAGE #

NOTICE TO BIDDERS

INSTRUCTIONS AND PROCUREMENT INFORMATION FOR BIDDERS

04 - 15

BID SCHEDULE

16 - 20

LIST OF SUBCONTRACTORS

LIST OF REFERENCES

BIDDERS STATEMENT OF QUALIFICATIONS

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY

MATTERS 24

NON-COLLUSION AFFIDAVIT

BID BOND SAMPLE

RELATED PARTY DISCLOSURE FORM

27-28

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

29-30

BIDDERS CHECKLIST

ATTACHMENTS:

WAGE RATE DECISION

SAMPLE CONTRACT

ITB-24-2 PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION PROJECT 3

NOTICE TO BIDDERS

August 13, 2023

LEGAL PUBLICATIONS

ONE TIME PUBLICATION: AUGUST 13, 2023

CHAVES COUNTY GOVERNMENT

INVITATION TO BID

The Board of Chaves County Commissioners, pursuant to and in compliance with NM State Procurement Code, hereby invites formal, price based sealed bids for the following:

ITB-24-2 Pecos Valley Regional Communications Center Renovation

The deadline for submission is September 12, 2023 at 2:00 PM to the Chaves County Purchasing Director, Analicia Nieto, at #1 St. Mary’s Pl. Roswell, NM 88203. Specifications can be obtained online by going to www.chavescounty.gov and searching for “Current Bid Opportunities” or by contacting the Chaves County Purchasing office at the phone number or email address listed below. All openings are public and are held at the Chaves County Administrative Center, #1 St. Mary’s Place, Roswell, New Mexico, 88203.

Mandatory Pre-Bid Meeting will be held on August 23, 2023 at #1 St. Mary’s Place, County Manager Suite Conference Room, Roswell, NM 88203 at 10:00 AM. May be subject to a site visit.

Chaves County Purchasing Director

(575) 624-6615 ana.nieto@chavescounty.gov http://www.chavescounty.gov/ mailto:ana.nieto@chavescounty.gov

ITB-24-2 PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION PROJECT 4

Instructions and Procurement Information for Bidders

PART 0 – DEFINITIONS AND TERMS

Terms used in these Bidding Documents which are defined in the Instructions to Bidders and in the

Conditions of the Contract for Construction (General, Supplementary and other Conditions) have the meanings assigned in those documents.

A. Addendum: A written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the Bidding Documents or Contract Documents. Plural: addenda.

B. Agency or Owner means Chaves County C. Alternate Bid: Amount stated in the Bid as the sum to be added to or deducted from the amount of the Base Bid, if the corresponding change in the project scope, materials, and/or methods of construction is awarded by the Owner.

D. Base Bid: Amount stated in the Bid as the sum for which the Bidder offers to perform the Work, excluding Alternate Bids.

E. Bid: The offer of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed in conformance with the Bidding Documents.

F. Bid Lot: A major item of Work for which a separate quotation or bid is requested.

G. Bidder: One who submits a Bid directly to the Owner, as distinct from a subcontractor, who submits a bid to a contractor.

H. Bidding Documents: The Bidding Requirements and the Contract Documents, including drawings.

I. Bidding Requirements: Notice of Invitation for Bid, Prebid Information, Instructions to Bidders, Information Available for Bidders, the Bid Form, Supplements to the Bid Form, and portions of Addenda relating to any of these.

J. Contractor shall mean successful bidder K. Invitation to Bid (ITB): All documents, including those attached or incorporated by reference, utilized for soliciting sealed bids (§13-1-64 NMSA 1978).

L. Mandatory - the terms “must”, “shall”, “will”, “is required”, or “are required”, identify a mandatory item or factor. Failure to meet a mandatory item or factor will result in the rejection of the bid.

M. Responsible Bidder means a bidder who submits a responsive bid and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services, construction or items of tangible personal property described in the invitation for bids.

N. Responsive Bid means a bid which conforms in all material respects to the requirements set forth in the invitation for bids. Material respects of a bid include but are not limited to price, quality, quantity or delivery requirements.

O. Deadline to Submit Written Questions - All questions shall be submitted to the Purchasing Director via email no later than the date specified in the Tentative Bid Schedule; ana.nieto@chavescounty.gov.

P. 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.

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

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

S. 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.

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PART 1 – LOCATION AND EXTENT OF WORK:

A. Scope of Work: The Pecos Valley Regional Communications Center Renovation project entails selective demolition and new construction within the existing south-western wing of the Chaves County Administrative Center located at 1 St. Mary’s Pl, Roswell, NM 88203. The project is intended to house the re-located Pecos Valley Regional Communications Center (which is currently located in the north-eastern wing of the Chaves County Administrative Center). The base bid scope of work includes selective demolition of existing interior partitions, doors, exterior walls, aluminum framed storefront, finishes and fixtures. The base bid scope of work for new construction includes new interior partitions, exterior wall infill, modifications to existing aluminum framed storefront, new finishes and window treatments, new doors and frames, casework, lockers, plumbing, pneumatic tube system and transaction drawer, modifications to existing sprinkler system, site trenching and backfill, and electrical, telecommunications and special systems infrastructure and equipment as required for a turn-key, working system. There are several additive alternates included in the scope of work. Additive alternates for the project include a new diesel generator, new redundant HVAC systems and associated structural bracing, exterior improvements to the secure parking area and a chemical fire suppression system within the new I.T. room.

PART 2 – TIME AND PLACE OF RECEIVING BIDS

A. Sealed bids, addressed to Chaves County for the renovation of items mentioned in paragraph number 1, will be received by the Chaves County Purchasing Director, Analicia Nieto until 2:00 PM, September 12, 2023 at the Administration Office at #1 St. Mary’s Place, Roswell, NM 88201, where they will be read aloud at the specified date and time. Any bids received after the scheduled closing time for receipt of bids will be returned to the bidder unopened.

PART 3 – SUMMARY OF ANTICIPATED SCHEDULE

The Procurement Manager will make every effort to adhere to the following schedule:

Action: Responsibility: Date:

1. Issue Bid Chaves County 08/13/2023

2. Mandatory Pre-Bid Meeting Bidders/Chaves County 08/23/2023

3. Deadline to Submit Written Questions Bidder 08/30/2023

4. Response to Questions via Addendum Chief Procurement Officer 09/01/2023

5. Submission of Bid: Tuesday @ 2:00 PM Bidders 09/12/2023

6. Recommendation to Board of Commissioners Chief Procurement Officer or Project Manager 09/21/2023

7. Notice of Award Chief Procurement Officer or Project Manager 09/22/2023

8. Protest Period Effect Date: 09/22/2023 10/09/2023

9. Contract Negotiations/Execution Chief Procurement Officer / Legal 10/09/2023

This schedule is subject to change. All offerors will be notified of schedule changes via addendum.

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PART 4 – PRE-BID CONFERENCE AND PLAN AVAILABILITY

A Mandatory pre-bid conference will be held on August 23, 2023 at 10:00am. Prospective bidders should attend the Pre-Bid Conference in person in the County Manager Suite Conference Room, #1 St. Mary’s Place, Roswell, NM 88203.

All questions or clarifications related to the Contract Documents should be directed to Purchasing Director, Analicia Nieto in writing via E-mail. Email address is ana.nieto@chavescounty.gov and telephone number is 575- 624-6615. Answers to questions will be made in the form of an addendum, which will be emailed to all prospective bidders. The deadline to submit questions or request clarifications is at 5:00pm on August 30th, 2023

ITB Contract Documents should be downloaded from the Bid website: Current Bid Opportunities | Chaves County, NM

PART 5 – TIME ELEMENT

Working time for completion of this Contract is 18 months. The work to be done under this Contract shall be commenced upon the date stated in the notice to the Contractor to proceed with the performance of the Contract and shall be Substantially Complete within the period set out and prescribed in the Form of Contract. Such notice shall not be issued until the delivery date of major equipment and materials may be established. It is mutually understood and agreed that the time set forth for the completion of the work covered hereby and hereunder is an essential element of this Contract. For each calendar day, under the conditions hereinbefore described, that any work shall remain uncompleted after the expiration of the period of working days specified, the amount of One thousand dollars ($1,000.00) per calendar day will be deducted from the money due, or to become due the

Contractor, not as a penalty but as liquidated damages and added expense for Engineering supervision. If during the progress of the work, unusual weather conditions, or other circumstances beyond the control of the

Contractor, should prevail to the extent that the work cannot be prosecuted and completed within the time specified in the Contract, the Contractor shall file with the Engineer within ten (10) days of the occurrence of such delay a request for an extension to the time of completion. Unless Contractor files such request, the liquidated damages specified above will be enforced.

PART 6 – PREPARATION FOR BID FORM

A. The Owner invites bids on the bid or proposal form provided therefore in the Contract Documents. Bids shall be submitted only on the forms provided therefore in the Contract Documents and must not be submitted in letter form or in any other form. The proposal shall be filled out in figures, in ink, on the proposal form provided in the specifications and Contract Documents. Bids submitted in any other form will be considered irregular and will be returned to the Bidder without receiving consideration by the

Owner. All blanks in the bid form must be appropriately filled in, and all prices must be stated in figures.

All contracts solicited by competitive sealed bids for the County of Roswell shall include all applicable taxes, except New Mexico Gross Receipts Tax, in all bid amounts, including Lump Sum, Unit Price and

Alternate Bid amounts. As Chaves County is required to pay the applicable sales tax, all requests for payment shall include a separate amount on each billing reflecting the applicable tax amount. It will be the sole responsibility of the prime bidders requesting consideration for Resident Preference at bid openings to submit to the State Purchasing Agent, the attached questionnaire for Resident Contractor's Certification and to receive approval and a certification number from the State Purchasing Agent, which must be included on the bid form, prior to the bid opening. Requests for qualifications for Resident Contractor's

Preference after bid opening will not be considered. All bids must be submitted to the Purchasing Director mailto:ana.nieto@chavescounty.gov https://www.chavescounty.gov/your-county/departments/purchasing-department/current-bid-opportunities

ITB-24-2 PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION PROJECT 7

in sealed envelopes bearing on the outside the name of the bidder, his address, his New Mexico

Contractors License Number, and the name and number of the Project for which the bid is submitted. (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. It is the sole responsibility of the Bidder to see that his bid is received in proper time. The bid must be signed in the name of the Bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid.

B. Changes in or additions to the bid form, recapitulations of the work bid upon, alternate proposals, or any other modifications of the bid form which is not specifically called for in the Contract Documents may result in the Owner's rejection of the bid as not being responsive to the invitation. No oral or telephonic modification of any bid submitted will be considered and a telegraphic modification may be considered only if the postmark evidences that confirmation of the telegram duly signed by the Bidder was placed in the mail prior to the opening of bids. The bid submitted must not contain any erasures, interlineation or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid.

C. Bidders must be licensed as contractors in the State of New Mexico as required by State statute and must include license number in the prescribed place on the bid form.

D. The right to reject any and/or all bids and to waive all technicalities is reserved by Chaves County, New

Mexico. Technical Waivers will be granted only through written documentation received from Purchasing.

If a waiver is issued for a bid, it will be forwarded via addendum to all vendors who have received copies of the bid.

PART 7 – GROSS RECEIPTS TAX

New Mexico Statutes requires that the bid amount (unit prices) exclude the applicable state gross receipts tax or applicable local option tax but that the contracting agency (owner) shall be required to pay the applicable tax including any increase in the applicable tax becoming effective after the date the contract is entered into. The applicable gross receipts tax or applicable local option tax shall be shown as a separate amount on each billing or request for payment made under the contract.

PART 8 – EXAMINATION OF SITE, DRAWINGS, ETC.

A. Each Bidder is requested to visit the site of the proposed work and fully acquaint himself with the conditions relating to the construction and labor so that he may fully understand the facilities, difficulties, and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Specifications and any federal, state, and local laws, ordinances, rules, and regulations, that may in any manner affect cost, progress, or performance of the work. The failure or omission of any Bidder to receive or examine any form, instrument, addendum, or other document or to visit the site and acquaint himself with conditions there existing shall in no way relieve any Bidder from obligations with respect to his bid or the Contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section.

ITB-24-2 PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION PROJECT 8

PART 9 – WITHDRAWAL OF BIDS

A. Any Bidder may withdraw his bid, either personally, by written request, or by telegraphic request confirmed in the matter specified above, at any time prior to the scheduled closing time for receipt of bids.

PART 10 – AGREEMENT AND BONDS

A. The successful Bidder will be required to furnish a Contract Performance Bond in an amount equal to one hundred percent (100%) of the total Contract price, and a Contract Payment Bond (Labor and Materials) in an amount equal to one hundred percent (100%) of the total Contract price, such bonds to be executed in four (4) original Counterparts by a Corporate Surety authorized to do business in the State of New Mexico, and acceptable to the Owner. The Bonds must be executed on forms contained in these Contract

Documents. The form of Agreement with the successful Bidder, as Contractor, will be required to execute is also included herewith. The form of Agreement and the form of Surety Bonds shall be carefully examined by the Bidder.

PART 11 – INTERPRETATION OF PLANS AND DOCUMENTS

A. If any person, contemplating submitting a bid for the proposed Contract, is in doubt as to the true meaning or intent of any part of Plans, Specifications, or other Contract Documents or finds discrepancies in, or omissions from the Plans or Specifications he may submit to the Owner, at least seven (7) days prior to the scheduled bid opening, a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the

Contract Documents will be made only by addendum duly issued and a copy of such addendum will be mailed, faxed, or delivered to each person receiving a set of such Contract Documents. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without effect.

PART 12 – BIDDERS INTERESTED IN MORE THAN ONE BID

A. No person, firm or corporation shall be allowed to make, or file, or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm, or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or making a prime proposal.

PART 13 – AWARD OF CONTRACT

A. The Owner reserves the right to delay awarding of the Contract up to 60 days after the scheduled bid opening and the privilege of rejecting all bids and not making an award. The Owner reserves the right to increase or decrease the quantities a reasonable amount of the total bid. In awarding the Contract, the

ITB-24-2 PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION PROJECT 9

Owner shall determine, at his discretion, whether a Bidder is qualified to perform the Contract, and what bid is the lowest, and whether it is to the interest of the Owner to accept the bid.

PART 14 – EVIDENCE OF QUALIFICATIONS

A. Upon request of the Owner, a Bidder whose bid is under consideration for the award of the Contract, shall submit promptly to the Owner satisfactory evidence showing the Bidder's financial resources, his construction experience and his organization available for the performance of the Contract.

PART 15 – OPENING OF BIDS

A. Bidders are invited to be present at the opening of the Proposals. All Proposals shall be made and received with the understanding that the Bidder accepts the terms and conditions contained in these Contract

Documents referred to herein.

PART 16 – COMPARISON OF BIDS

A. All bids will be compared on the basis of the Engineer's Schedule of Quantities contained herein.

PART 17 – BID SECURITY

A. A Certified Check issued by a bank satisfactory to the Owner, or a Bidder's Bond executed by a surety company authorized to do business in the State of New Mexico, in the amount of five percent (5%) of the largest possible lump sum bid submitted, unless otherwise stipulated, must accompany the Bidder's

Proposal, as a guaranty that the Bidder will enter into a Contract and execute the required Contract

Payment and Performance Bonds, Insurance and Guaranty in the forms provided within ten (10) working days after notice of award of Contract to him. Should the bidder refuse to enter into such contract or fail to furnish such bonds, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. When the Contract Documents require bid security, noncompliance by the

Bidder requires that the Bid be rejected (Section 13-1-147A NMSA 1978). If a bidder is permitted to withdraw his Bid before award, no action shall take place against the Bidder or the bid security (Section

13-1-147B NMSA 1978). The owner will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected.

PART 18 – QUALIFICATION OF BIDDERS

A. Bidder shall comply with all laws governing his doing business in the State of New Mexico. It shall be the Bidder's responsibility to inform himself of all State, Federal, and Local laws and statutes pertaining to the employment of labor, and conditions of employment as well as to carrying on contracting business in the State of New Mexico, and to comply with their requirements. Attention of Bidders is particularly called to the requirements of the wage rates to be paid under the Contract.

PART 19 – EXECUTION OF CONTRACT

A. The Contract, Contract Performance Bond and Contract Payment Bond (Labor and Material) shall be executed in five (5) original counterparts. The forms and Contract Documents will be as herein included

ITB-24-2 PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION PROJECT 10

and will be furnished by the Owner.

Distribution of the executed forms will be as follows:

2 - Contractor. (One to the bonding company)

2 – Owner

PART 20 – SUBCONTRACTORS/SUPPLIERS

A. As used in the Subcontractors Fair Practice Act (Section 13-4-31, NMSA, 1978) the listing threshold for this

Project has been determined to be $5,000.00.

Any person submitting a bid shall in his bid set forth:

1. the name and location of the place of business of each subcontractor under subcontract to the contractor who will perform work or labor or render service to the contractor in or about the construction of the public works construction project in an amount more than the listing threshold; and

2. the nature of the work which will be done by each subcontractor. The contractor shall list only one subcontractor for each category as defined by the contractor in his bid.

A bid submitted by any person that fails to comply with the above provisions is a non-responsive bid and cannot be accepted. The Subcontractors Fair Practice Act restricts the substitution of subcontractors named in the listing. With the exclusion of that portion of work covering street lighting and traffic signals, the above provisions shall not apply to contracts for the construction improvement or repair of streets and highways, including bridges, underground utilities within easements including but not limited to water lines, sewer lines and storm sewer lines.

PART 21 – CONTRACT PERFORMANCE BOND AND CONTRACT PAYMENT BOND

A. Total bids in excess of $25,000.00 shall include a Contract Performance Bond and Contract Payment Bond

(labor and materials bond) in an amount equal to 100% of the contract price in accordance with Sec. 13-4-

18 NMSA, 1978. Bids under $25,000.00 will not require the above referenced bonds.

PART 22 – BUSINESS LICENSE / CID LICENSE

A. The successful Bidder shall be required to obtain a business license from the County of Roswell before commencing work on the project.

PART 23 – WORKER’S COMPENSATION ACT

A. A potential contractor or the Contractor agrees to comply with state laws and rules pertaining to workers compensation insurance coverage for its employees. If contractor fails to comply with the Workers

Compensation Act and applicable rules when required to do so, the contract may be canceled effective immediately.

PART 24– GUARANTEE PROVISION

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The Contractor shall guarantee under a 100% Performance, Labor, and Material Payment bond, all work constructed under this contract against defective materials and workmanship for a period of one (1) year following its acceptance.

PART 25 – WAGE RATES

Bidders should note that the New Mexico Department of Labor wage rates shall be required on projects valued at more than $60,000.

PART 26 – PUBLIC WORKS MINIMUM WAGE ACT

Public Works Minimum Wage Act Registration: (13-4-13.1 NMSA 1978) A contractor or (any tier of) subcontractors that submits a bid valued at more than $60,000 for a Public Works project that is subject to the Public Works Minimum Wage Act shall be registered with the New Mexico Department of Workforce Solutions (DWS) Labor Enforcement Fund. Registration will be verified prior to award of contract. The form can be obtained from the Labor and Industrial Division of the Department Of Labor. Pursuant to Section 13-4-13.1 of the Procurement Code, the County will not accept a bid on a public works project from a prime contractor that does not provide proof of required DWS registration for itself.

PART 27 – SUBCONTRACTOR LISTING

Bidders are required to provide with the bid document the name, the locations, category of work and DWS registration number provided by a subcontractor (in the amount of $60,000 or more) that will perform labor, work, or render service in excess of $5,000, or ½ of 1% of the Contractors bid, whichever is greater.

The name and location of only one subcontractor for each category of work shall be set forth pursuant to the Subcontractor Fair Practices Act.

No subcontractor substitutions shall be allowed from those listed in the bid documents under any condition other than those stipulated pursuant to Section 13-4-36 NMSA, 1978 (Procurement Code).

PART 28 – SUBCONTRACTOR BONDING

A subcontractor shall provide a performance and payment bond on a public works building project if the subcontractor's contract for work to be performed on a project is one hundred twenty-five thousand dollars ($125,000) or more.

It is the responsibility of each subcontractor submitting a bid to a contractor to be prepared to submit a faithful performance and payment bond if so requested by the contractor.

In the event any subcontractor submitting a bid to a contractor does not, upon the request of the contractor and at the expense of the contractor at the established charge or premium therefore, furnish to the contractor a bond issued by a corporate surety authorized to do business in New Mexico in accordance with the New Mexico Insurance Code [Chapter 59A NMSA 1978] and listed in the United States treasury department circular 570 wherein the contractor is named the obligee, guaranteeing prompt and faithful performance of the subcontract and the payment of all claims for labor and materials furnished or used in and about the work to be done and performed under the subcontract, the contractor may reject the bid and make a substitution of another subcontractor subject to the provisions of Section 13-4-36 NMSA 1978. Such bond may be required at the expense of the subcontractor only if the contractor in his written or published request for subcontract bids:

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ITB-24-2 PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION PROJECT 12

(1) specifies that the expense for the bond shall be borne by the subcontractor; and

(2) clearly specifies the amount and requirements of the bond.

PART 29 – BRIBES, GRATUITIES AND KICK-BACKS

Pursuant to 13-1-191 NMSA 1978, reference is hereby made to the criminal laws of New Mexico (including 30-14- 1, 30-24-2, and 30-41-1 through 30-41-3 NMSA 1978), which prohibit bribes, kickbacks, and gratuities, violation of which constitutes a felony. Further, the Procurement Code (13-1-28 through 13-1-199 NMSA 1978) imposes civil and criminal penalties for its violation.

PART 30 – COLLUSION

No bidder shall be interested in more that 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 by the colluding parties without consideration. The enclosed Non-Collusion Affidavit, must be executed along with the Bid.

PART 31– APPROPRIATIONS

The terms of the Agreement are contingent upon sufficient appropriations and allocations being made by the County or other funding agency. If the County or other funding agency does not make sufficient appropriations and authorization, the agreement shall, notwithstanding any other provisions of the agreement, terminate immediately upon Contractor’s receipt of written notice of termination from the County. The County’s decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final.

PART 32 – DEBARMENT & SUSPENSION

The bidder (offeror) certifies that neither it not its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. It further agrees that by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. The enclosed Certificate of Debarment and Suspension must be executed along with the Bid Proposal.

PART 33 – EQUAL OPPORTUNITY

The Contractor, subcontractors, and all sub-subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, or transfer; recruitment or recruitment advertising, layoff or termination;

rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the policies of nondiscrimination. The Contractor, all subcontractors, and all sub-subcontractors shall, in all solicitation or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin.

PART 34 – BID EVALUATION AND AWARD

ITB-24-2 PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION PROJECT 13

The County reserves the sole right to:

➢ Determine responsible bidders and responsive bids.

1. Responsible bidder: A bidder who submits a Responsive Bid and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation, and experience are adequate to make satisfactory delivery of the construction described in the Invitation for Bid (SS13-1-82 NMSA 1978).

2. Responsive Bid: A bid which conforms in all material respects to the requirements set forth in the

Invitation for Bid (SS13-1-84 NMSA 1978)

➢ Determine and waive minor technicalities in the bid form or requirements not affecting price, quality, or quantity of itemize or services sought.

➢ Accept and award responsive bids to responsible bidders offering the lowest lump sum.

➢ Award the contract all, part, or none.

➢ Reject any or all bids in part or in whole.

3. The owner shall have the right to waive technical irregularities in the form of the Bid of the low Bidder(s), which do not alter the price, quality, or quantity of the construction Bid (Section 13-1-132 NMSA 1978). It is the intent of the Owner to award a contract to the lowest responsible Bidder(s), provided the Bid has been submitted in accordance with the requirements of the Contract Documents. The unreasonable failure of a Bidder to promptly supply information in connection with an inquiry with respect to responsibility is grounds for a determination that the Bidder is not a responsible Bidder (Section 13-1-133

NMSA 1978). A Bidder shall not be considered a responsible bidder and such bidder’s bid may be rejected if one or more of the following apply to such bidder with respect to any prior work that such bidder has done for the County, or as stated in the following. This shall also apply to any Subcontractor.

i. Failure to complete the Work in a timely manner.

ii. Failure to complete the Work in a workmanlike manner.

iii. Failure to complete warranty Work.

iv. Failure to coordinate the Work of subcontractors and other persons on the

v. job site.

vi. Use of or placement of nonconforming materials.

vii. Failure to properly coordinate inspections by the County.

viii. Failure to take appropriate directions from the County.

ix. Excessive requests for unjustified change orders.

x. Unresolved disputes with the County or outstanding litigation with the County, not including protests or appeals from protests regarding the current or prior jobs.

xi. The County’s review of Contractor’s Qualifications or References result in negative experience, negative reference(s) or negative reputed work history.

xii. Or if one or more of the above apply with respect to other projects for public, governmental, or similar Entity.

PART 36 – BRAND NAMES

ITB-24-2 PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION PROJECT 14

Brand names and numbers are used in these specifications as a matter of convenience to indicate quality, type, and features desired. In accordance to law, demonstrably equal equipment will be given full consideration and the bidder is invited to offer such, except where it is clearly stated that such brand names and or models are specified for the purpose of standardization. Where equipment varies from the "Specifications", the bidder shall clearly note the variances and provide adequate documentation for proof that the alternate meets or exceeds specifications. The County will determine equal equipment and the County’s determination will be final.

PART 37 – CONTRACT REQUIREMENTS

The contract between Chaves County (Owner) and a Contractor will follow the format specified by the County and contain the terms and conditions set forth in the Project Manuel. The contents of this Sealed Bid will be incorporated into and become part of the contract. Should a bidder object to any of the County's terms and conditions contained in the "Sample Contract", that bidder must propose specific alternative language with their bid. The County may or may not accept the alternative language. General references to the bidder's terms and conditions or attempts at complete substitutions are not acceptable to the County and will result in disqualification of the bidder's bid. Bidders must provide a brief discussion of the purpose and impact, if any, of each proposed change, followed by the specific proposed alternate wording. Bidders must submit with the bid a complete set of additional terms and conditions that they expect to have included in a contract negotiated with the County.

PART – 38 PROTESTS

1. A. Any Offeror who is aggrieved in connection with a solicitation or award of an Agreement may protest to the County Purchasing Office in accordance with the requirements of the state Procurement Code. The protest should be made in writing within 24 hours after the facts or occurrences giving rise thereto, but in no case later than 15 calendar days after the facts or occurrences giving rise thereto (13-1- 172 NMSA 1978). 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.

B. In the event of a timely protest under this section, the Purchasing Department shall not proceed further with the procurement unless the Purchasing Manager makes a determination that the award of an Agreement is necessary to protect substantial interests of the County (13-1-173 NMSA 1978).

C. The Purchasing Manager or his designee shall have the authority to take any action reasonably necessary to resolve a protest of an aggrieved Offeror concerning procurement. This authority shall be exercised in accordance with adopted regulations, but shall not include the authority to award money damages or attorneys' fees (13-1-174 NMSA 1978).

D. The Purchasing Agent or his designee shall promptly issue a determination relating to the protest. The determination shall:

1) state the reasons for the action taken; and

2) inform the protestant of the right to judicial review of the determination pursuant to 13-1-183 NMSA 1978.

E. A copy of the determination issued under 13-1-175 NMSA 1978 shall immediately be mailed to the protestant and other Offerors involved in the procurement (13-1-176 NMSA 1978).

ITB-24-2 PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION PROJECT 15

PART 39 - BID ALTERNATES - The County shall include the ranking of Alternates in the Procurement Documents.

When Alternates are to be accepted by the County, review of the bids shall include acceptance of alternates in the order in which they are listed in the Procurement Documents. Award of the bid shall be made to the responsive bidder submitting the low combined bid which shall be the base bid and all accepted alternates within the funds available and if the County determines it will proceed with an award of the bid. Determination of the amount of funds available Shall be made by the County for all bid awards, whether Alternates are included or omitted, and such determination shall be final.

When no alternates are to be accepted by the County, the award of bid shall be made to the Responsible Bidder submitting the lowest base bid, if the base bid is within funds available, and if the County determines that it will proceed with an award of the bid.

PART 40 – RESIDENT CONTRACTOR PREFERENCE

Bids submitted by resident business/contractor shall be deemed five percent (5%) lower than the bid actually submitted. To receive a resident contractor preference a business must submit, with its bid, a copy of a valid resident contractor certification issued by the New Mexico Taxation and Revenue Department. This will not apply when the expenditure includes Federal funds, Chapter 13-4-3.

PART 41 - RESIDENT VETERANS CONTRACTOR PREFERENCE – In accordance with Sections 13-4-2 NMSA 1978 resident veteran contractors are to receive the following preferences:

Resident veteran contractors with annual revenues of Three Million Dollars ($3,000,000.00) or less will be deemed ten percent (10%) lower than the bid actually submitted.

This preference is separate from the current instate preference and is not cumulative with that preference. If a contractor will be utilizing this preference, they must include a copy in their proposal of the Resident Veteran contractor certificate issued by the State of New Mexico Taxation and Revenue Department. This preference will not apply when the expenditure includes federal funds for a specific purchase. Businesses must obtain the

Veteran Resident Business Certification form the NM Taxation Revenue Department (TRD) prior to the bid opening date. More information can be obtain from the NM TRD website at http://www.tax.newmexico.gov/Default.aspx.

PART 42 – BID DOCUMENTS REQUIRED - The following certifications and executed documents are required as part of a valid bid:

1. Bid Schedule

2. Debarment & Suspension Certificate

3. Non-Collusion Affidavit

4. Bid Bond

5. Related Party Disclosure Form

6. Campaign Contribution Disclosure Form

7. Sub Contractor Listing

8. Acknowledgements to any addendums

9. Bidders Statement of Qualifications http://www.tax.newmexico.gov/Default.aspx

ITB-24-2 PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION PROJECT 16

BID SCHEDULE

ITB NO: ITB-24-2

PROJECT NAME: Pecos Valley Regional Communications Center Renovations

LOCATION:

907 N. Pope St.

Silver City, NM 88061

This Bid is submitted to Chaves County Purchasing Director:

#1 St. Mary’s Place Roswell, NM 88203

The Bidder accepts all of the terms and conditions of the Invitation for Bid and Instructions to Bidders, including without limitation those dealing with the disposition of bid security and other Bidding Documents. This Bid will remain subject to acceptance for 30 days after the day of the Bid opening.

In submitting this Bid, the Bidder represents, as more fully set forth in Agreement, that:

1. The Bidder has examined all bidding documents acknowledges any applicable addenda as follows:

_____ Addendum #1 _____ Addendum #2 _____ Addendum #3

2. The Bidder has familiarized himself with the nature and extent of the bidding documents, work, site, locality and all applicable conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the work.

3. Bidder has given the Chaves County Purchasing Director written notice of any conflicts, errors, or discrepancies that he has discovered in the bidding documents, and the written resolution thereof by the Purchasing Director is acceptable to the Bidder.

4. The bid is genuine and not made in the interest of, or behalf of, any undisclosed person, firm or corporation;

the Bidder has not directly or indirectly induced or solicited any Bidder to submit false information; the Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; the Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the County.

Having read the Chaves County bid conditions and specifications for Bid No. ITB-24-2, and in conformance with such, we hereby submit the following lump sum cost:

Offeror’s Name and Address:

Telephone:

Fax:

Federal Tax ID:

New Mexico Tax ID #:

CID License #

ITB-24-2 PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION PROJECT 17

5. Proposals shall be presented in the form of a total Base Proposal under a Lump Sum Contract plus additive alternates that are selected by the Owner. A Proposal must be submitted on all proposed items and alternates;

segregated Proposals will not be selected by the Owner. Having read the Chaves County bid conditions and specifications for Bid No. ITB-24-2, and in conformance with such, we hereby submit the following lump sum cost:

A. LUMP SUM PRICE BASE BID PROPOSAL (please use typewriter or print legibly in ink – use words and numbers):

6. Additive Alternate Proposals: Proposals for additive alternates shall be presented in the form of a lump sum bid for each alternate within the project. Should a bid for an additive alternate be accepted, the Guaranteed Maximum Price for the accepted additive alternate will be added to the contract sum.

B1. ADDITIVE ALTERNATE #1 BID PROPOSAL (please use typewriter or print legibly in ink – use words and

B2. ADDITIVE ALTERNATE #2 BID PROPOSAL (please use typewriter or print legibly in ink – use words and

B3. ADDITIVE ALTERNATE #3 BID PROPOSAL (please use typewriter or print legibly in ink – use words and

B4. ADDITIVE ALTERNATE #4 BID PROPOSAL (please use typewriter or print legibly in ink – use words and

C. The above prices shall include all labor, materials, removal, overhead, profit, insurance, taxes (not including gross receipts tax), etc., to cover the finished work of the several kinds called for. Changes shall be processed in accordance with the Contract Documents.

ITB-24-2 PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION PROJECT 18

D. It is understood that the Owner reserves the right to reject any or all Proposals and to waive any technical irregularities in the Proposal.

7. The following documents are attached to and made a condition of this Proposal:

A. Subcontractors Listing B. Statement of Qualifications C. List of References D. Acknowledgement of Addenda

8. The terms used in this Proposal and the Proposal Documents which are defined in the Conditions of the Construction Contract (General, Supplementary, and Other Conditions), included as part of the Proposal Documents, have the meanings assigned to them in those Conditions.

9. The Bidder is a(n):

A. INDIVIDUAL.

By:

(Individual's Signature) Doing business as: ____________________________________________________________________

Business address:

Telephone: ( )

FAX: ( )

B. PARTNERSHIP:

By:

(Firm Name)

(General Partner's Signature)

Business address:

C. CORPORATION:

ITB-24-2 PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION PROJECT 19

Corporation Name: __________________________________________________________________

State of Incorporation: _______________________________________________________________

By Title: _______________________ (Print Name of Person Authorized to Sign)

Signature of Authorized Person

If a New Mexico Corporation:

NM Certificate of Incorporation Number

If a Foreign Corporation:

Certificate of Authority Number

Attest (Secretary):

Business address

CORPORATE SEAL HERE

or, D. JOINT VENTURE:

By (Name)

Address:

ITB-24-2 PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION PROJECT 20

Each Joint Venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated in the appropriate category

ITB-24-2 PECOS VALLEY REGIONAL COMMUNICATIONS CENTER RENOVATION PROJECT 21

LIST OF SUBCONTRACTORS

LIST ALL SUBCONTRACTORS AT ALL TIERS THAT ARE SUBJECT TO THE APPLICABLE WAGE DECISION(S). DO NOT LIST SUPPLIERS OR PROFESSIONAL SERVICES. PROVIDE ALL REQUESTED INFORMATION. MAKE ADDITIONAL

COPIES OF THIS FORM AS NECESSARY.

Subcontractor Company Name: __________________________________________________________________ Federal Employer Identification Number (FEIN)_____________________________________________________ Address: City: State: Zip:______________ Email Address: ________________________________ Phone: _______________ Fax: _____________________ Contractor License No: _______________________ NMDWS Registration No: ___________________________

1st Tier Sub 2nd Tier Sub to: _____________________ 3rd Tier Sub to:____________________________ Work to be performed: ____________________________ Amount ($): _______________ Start Date:__________

Subcontractor Company Name: __________________________________________________________________ Federal Employer Identification Number (FEIN)_____________________________________________________ Address: City: State: Zip:______________ Email Address: ________________________________ Phone: _______________ Fax: _____________________ Contractor License No: _______________________ NMDWS Registration No: ___________________________

1st Tier Sub 2nd Tier Sub to: _____________________ 3rd Tier Sub to:____________________________ Work to be performed: ____________________________ Amount ($): _______________ Start Date:__________

Subcontractor Company Name: __________________________________________________________________ Federal Employer Identification Number (FEIN)_____________________________________________________ Address: City: State: Zip:______________ Email Address: ________________________________ Phone: _______________ Fax: _____________________ Contractor License No: _______________________ NMDWS Registration No: ___________________________

1st Tier Sub 2nd Tier Sub to: _____________________ 3rd Tier Sub to:____________________________ Work to be performed: ____________________________ Amount ($): _______________ Start Date:__________

Subcontractor Company Name: __________________________________________________________________ Federal Employer Identification Number (FEIN)_____________________________________________________ Address: City: State: Zip:______________ Email Address: ________________________________ Phone: _______________ Fax: _____________________ Contractor License No: _______________________ NMDWS Registration No: ___________________________

1st Tier Sub 2nd Tier Sub to: _____________________ 3rd Tier Sub to:____________________________ Work to be performed: ____________________________ Amount ($): _______________ Start Date:__________

Subcontractor Company Name: __________________________________________________________________ Federal Employer Identification Number (FEIN)_____________________________________________________ Address: City: State: Zip:______________ Email Address: ________________________________ Phone: _______________ Fax: _____________________ Contractor License No: _______________________ NMDWS Registration No: ___________________________

1st Tier Sub…