Whole_Block_Reconstruction_-_Ciniza_Drive,_Gallup_NM_(Addendum_#1_Revision).pdf

INVITATION TO BID

ITB-2701

WHOLE BLOCK RECONSTRUCTION - CINIZA DRIVE, GALLUP NM

City of Gallup

110 W Aztec Ave.

Gallup, NM 87305

RELEASE DATE: July 14, 2026

DEADLINE FOR QUESTIONS: July 29, 2026

RESPONSE DEADLINE: August 6, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/gallupnm

City of Gallup

INVITATION TO BID

Whole Block Reconstruction - Ciniza Drive, Gallup NM

I. ENGINEER CERTIFICATION OF PROJECT

II. INTRODUCTION

III. ADVERTISEMENT FOR BIDS

IV. BIDDING REQUIREMENTS

V. GENERAL CONDITIONS

VI. SPECIAL CONDITIONS

VII. TECHNICAL SPECIFICATIONS

VIII. PRICING PROPOSAL

IX. SCOPE OF WORK

X. VENDOR QUESTIONNAIRE

Attachments:

A - Gallup Sample Contract

B - Wage Rates MC-26-2209-A

C - Affidavit of Wages Paid

D - Statement of Intent To Pay Prevailing Wages

E - Gallup Municipal ROW-Public Easement Work Permit

F - NMDOT A-066TrafficControlRoadwayWorkPermit

G - NMDOT Indemnification and Hold Harmless Agreement

H - EPA Form 3510-9

I - EPA Form 3510-13

J - Plans: Whole Block, Ciniza Drive ITB-2701-stamped

Invitation To Bid #ITB-2701 Title: Whole Block Reconstruction - Ciniza Drive, Gallup NM

1. ENGINEER CERTIFICATION OF PROJECT

1.1. Official Engineer Sealed Letter of Certification

2. INTRODUCTION

2.1. Summary

This project is for the improvement of Ciniza Drive, a designated collector street. Work for this project includes the construction of a concrete box culvert, removal and replacement of sidewalks, drivepads, curb and gutter, and asphalt pavement. It also includes installation of waterline valves, and the relocation of fire hydrants. Other miscellaneous work includes ADA curb ramps, traffic signs, removal and replacement of existing fencing and landscaping. An additive alternate includes concrete pavement removal and replacement. The street improvements are located in Gallup, New Mexico along Ciniza

Drive. The project runs from the intersection of Ciniza Drive and Toltec Drive east 930-feet to an existing drainage channel.

2.2. Contact Information

Project Contact:

John Lastyona

Superintendent

110 W. Aztec Ave.

Gallup, NM 87301

Email: jlastyona@gallupnm.gov

Phone: (505) 726-2041

Procurement Contact:

Frances Rodriguez

Purchasing Director

P.O. Box 1270

110 W. Aztec Avenue

Gallup, NM 87305

Email: frodriguez@gallupnm.gov

Phone: (505) 863-1334

Department:

Street Department

Department Head:

John Lastyona

Street Superintendent

2.3. Timeline

Release Project Date July 14, 2026

Question Submission Deadline July 29, 2026, 5:00pm mailto:jlastyona@gallupnm.gov tel:(505)726-2041 mailto:frodriguez@gallupnm.gov tel:(505)863-1334

Question Response Deadline July 31, 2026, 5:00pm

Proposal Submission Deadline August 6, 2026, 2:00pm

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3. ADVERTISEMENT FOR BIDS

CITY OF GALLUP

Whole Block Reconstruction - Ciniza Drive, Gallup NM CITY OF GALLUP, NEW MEXICO

Invitation to Bid No. ITB-2701

3.1. Notice

Notice is hereby given that the City of Gallup, New Mexico will receive sealed bids for Whole Block

Reconstruction - Ciniza Drive, Gallup NM until the hour of 2:00 pm, local time, on Thursday, August 6, 2026 at the office of the Procurement Manager at City Hall, via the City's eProcurement Portal. Bids will be opened, read and tabulated at that time. No bids will be received or considered if received after the time stated above.

This project is for the improvement of Ciniza Drive, a designated collector street. Work for this project includes the construction of a concrete box culvert, removal and replacement of sidewalks, drivepads, curb and gutter, and asphalt pavement. It also includes installation of waterline valves, and the relocation of fire hydrants. Other miscellaneous work includes ADA curb ramps, traffic signs, removal and replacement of existing fencing and landscaping. An additive alternate includes concrete pavement removal and replacement. The street improvements are located in Gallup, New Mexico along Ciniza

Drive. The project runs from the intersection of Ciniza Drive and Toltec Drive east 930-feet to an existing drainage channel.

Plans, Specifications, and Bidding Documents may be examined at the office of the Purchasing Director located at 110 West Aztec, Gallup, NM 87301, phone number (505) 863-1334. Additional information regarding this bid may also be viewed at https://procurement.opengov.com/portal/gallupnm/projects/278755.

Plans, Specifications and Bidding Documents may be obtained from DePauli Engineering & Surveying

LLC307 S. 4th Street, Gallup NM 87301, upon deposit of Two Hundred Fifty Dollars ($250.00), all of which will be refunded upon return of the documents within ten (10) days after bid opening.

Dated: 12th day of July 2026

By:/S/ By: Marc DePauli, Mayor

Gallup Sun Publishing Date: Friday-July 17, 2026 Albuquerque Journal Publishing Date: Sunday-July 12, https://procurement.opengov.com/portal/gallupnm/projects/278755

4. BIDDING REQUIREMENTS

Information for Bidders

4.1. LOCATION AND CHARACTER OF WORK

This project is for the improvement of Ciniza Drive, a designated collector street. Work for this project includes the construction of a concrete box culvert, removal and replacement of sidewalks, drivepads, curb and gutter, and asphalt pavement. It also includes installation of waterline valves, and the relocation of fire hydrants. Other miscellaneous work includes ADA curb ramps, traffic signs, removal and replacement of existing fencing and landscaping. An additive alternate includes concrete pavement removal and replacement. The street improvements are located in Gallup, New Mexico along Ciniza

Drive. The project runs from the intersection of Ciniza Drive and Toltec Drive east 930-feet to an existing drainage channel.

4.2. SUBMISSION OF PROPOSALS

All bids must be submitted ELECTRONICALLY via OpenGov at:

https://procurement.opengov.com/portal/gallupnm prior to the time specified for the bid opening. The system will NOT accept bids submitted after the due date and time. Bid proposals must be submitted using the bid document forms furnished by the City of Gallup. Bid proposals will be opened electronically in the Purchasing Department via virtual means. All bid proposals shall be completed by a responsible and authorized person for the bidding firm. Failure to do so may result in disqualification of their respective bid.

Bids will be accepted until 2:00 pm local time on Thursday, August 6, 2026 via the City's eProcurement

Portal.

4.3. COPIES OF PLANS, SPECIFICATIONS, AND BIDDING DOCUMENTS

Plans, Specifications, and Bidding Documents may be examined at the office of the Purchasing Director, located at 110 West Aztec; Gallup, NM 87301, phone number (505) 863-1334 additional information regarding this bid may also be viewed at https://procurement.opengov.com/portal/gallupnm. Plans, Specifications and Bidding Documents may be obtained from DePauli Engineering & Surveying LLC, located at 307 S. 4th Street, Gallup NM 87301 upon deposit of Two Hundred Fifty Dollars ($250.00), all of which will be refunded upon return of the documents within ten (10) days after bid opening.

4.4. INFORMATION

If clarification is needed on any part of the Instructions to Bidders or Scope of Work, Bidders shall submit questions via the City's eProcurement Portal Q&A section: eProcurement Portal

Questions must be submitted before 5:00 pm on Wednesday, July 29, 2026.

4.5. SPECIFICATIONS

Specifications, as included in this bid and the plans, are intended to indicate the requirements of the City of Gallup and give an accurate description of minimum standards acceptable. All items equal or equivalent to these requirements and standards will be considered, except where otherwise noted. All materials used and incorporated into this project shall be new unless otherwise agreed upon.

4.6. BRAND NAME PREFERENCES

The City of Gallup has no preference for any brand of equipment, kind of material, or type of process and will consider all proposals for use of other materials or equipment, if they are, in fact, equal to that specified. The City will be the sole judge as to whether materials, equipment, or process offered is, in fact, equal to that specified.

4.7. EXAMINATION OF PROPOSED WORK

Bidders have examined their proposed work, by personal and/or professional investigation or by any means they deem necessary or desirable, as to location of and conditions affecting proposed work and resulting costs thereof.

4.8. PROJECT ERRORS

Bidders will promptly notify the City of Gallup of any ambiguity, inconsistency or error they may discover upon examination of the project documents or the site and local conditions.

4.9. TIME OF COMPLETION

The Bidder must agree to commence work on a date to be specified in a written “Notice to Proceed” issued by the Engineer and to fully complete the project within Number of Calendar Days for Sixty (60) calendar days thereafter, including weather delays.

4.10. PUBLIC WORKS

This solicitation is for a City of Gallup project and subject to the Public Works Statutes of the State of

New Mexico (13-4-1 to 13-4-43 NMSA 1978); Construction Industries Licensing act (60-13-1 et seq.

NMSA 1978); CID rules and regulations; applicable federal, state and local statutes and laws; and the

City of Gallup Ordinances.

4.11. LICENSES, LEGAL RESTRICTIONS, PERMITS AND REGULATIONS

The contractor shall have a license issued by the Construction Industries Division (CID) of the New

Mexico Regulation and Licensing Department. The licenses shall be properly classified for the work to be performed under this contract and be in active status. All subcontractors shall also meet these criteria.

Additionally, the Contractor shall at their own expense, procure all necessary licenses and permits of a temporary nature and shall give due and adequate notices to those in control of all properties which may be affected by this operation. Permits, licenses and easements for permanent structures or permanent changes in existing facilities, shall be provided by the Owner unless otherwise specified. The

Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn or specified. The City and Engineer will verify Contractor is properly licensed as required at: https://www.rld.nm.gov/construction-industries/ https://www.rld.nm.gov/construction-industries/

4.12. BIDDERS QUALIFICATIONS

Bids will be considered only from firms who can provide evidence that they have established a satisfactory record of performance and integrity to insure they can execute the requirements as stated herein. The City may make such investigation it deems necessary to determine the ability of the bidder to perform the work. Any determination as to competency shall be made by appropriate City staff. Any proposal which is incomplete, irregular, or accompanied by an insufficient bond may be rejected. The

City of Gallup also reserves the right to reject the proposal of a bidder who has previously failed to perform properly, including inferior materials, workmanship or attempts to use substandard equipment, excessive inspection caused to the project to insure good workmanship, poor construction methods, or failure to complete on time a contract of similar nature, or the proposal of a bidder who is not in a position to perform the work governed by the Contract.

4.13. BID GUARANTY

A bid bond shall be submitted with the bid and made payable to the City of Gallup in the amount of five percent (5%) of the bid sum. Security shall be by a certified or cashier’s check or a bid bond prepared on a form acceptable to the City, issued by a Surety licensed to do business in the State where the project is located. The City will retain these securities until a contract has been entered into. The bidder shall file the surety bonds and enter into a contract for the work within 15 days after notice of award of the contract. Should the lowest bidder refuse to enter into a contract, the City will retain security as liquidated damages, not as a penalty. If the lowest bidder fails to enter into a contract, then the next lowest bidder will be considered as the lowest bidder.

4.14. BONDS

Within fifteen (15) days from award of contract, the Contractor shall furnish to the City, the Surety

Bonds as hereinafter described. The Bonds shall be executed substantially in the forms as contained herein and shall be referenced or attachment made to make the Contract Documents a part thereof. All provisions of the Bond shall be complete and in full accordance with statutory requirements. The Bonds shall be executed by the proper sureties through a company licensed and qualified to operate in the

State and approved by the City. The Bonds shall be signed by an agent resident in the State, and the date of the Bonds shall be the date of execution of the contract. If any time during the continuance of the contract, the surety on the Contractor's bonds becomes irresponsible, the City shall have the right to require additional and sufficient sureties which the Contractor shall furnish to the satisfaction of the City within ten (10) days after notice to do so. In default thereof, the Contract may be suspended with all payments or money due to the Contractor; withheld and the Contract completed as hereinafter provided. The Contractor shall furnish a Performance Bond and a Payment Bond each in 100% of the

Contract amount. The Performance Bond shall also provide for a one (1) year guarantee for materials and workmanship once the Contractor is considered substantially complete. Additional Bonds and

Insurance: Prior to Delivery of the executed agreement by the City to Contractor, the City may require contractor to furnish such other bonds and such additional insurance, in such form and with such sureties or insurers, as the City may require. If such other bonds or such other insurances are specified by written instructions given prior to opening of bid, the premiums shall be paid by the Contractor; if subsequent thereto, they shall be paid by the City.

4.15. WARRANTY

All labor, work and materials done by the Contractor shall be warranted for a period of one (1) year.

4.16. BUSINESS LICENSE

Bidders are advised that they must have or obtain a current City of Gallup Business License for the type of material or services required under this contract before work commences or a purchase order issued.

Application available at the following: https://www.gallupnm.gov/151/Licenses-and-Permits

4.17. DESCRIPTION OF BID ITEMS AND BASIS OF PAYMENT

A description of the work included in each bid item together with method of measurement and payment for each item is contained in the Special Conditions.

4.18. LABOR ENFORCEMENT FUND

13-4-13.1 NMSA 1978: Public works contracts; registration of contractors and subcontractors

A. Except as otherwise provided in this subsection, in order to submit a bid valued at more than sixty thousand dollars ($60,000) in order to respond to a request for proposals or to be considered for award of any portion of a public works project greater than sixty thousand dollars ($60,000) for a public works project that is subject to the Public Works Minimum Wage Act [13-4-10 NMSA 1978], the contractor, serving as a prime contractor or not, shall be registered with the labor and industrial division of the labor department. Bidding documents issued or released by a state agency or political subdivision of the state shall include a clear notification that each contractor, prime contractor or subcontractor is required to be registered pursuant to this subsection. The provisions of this section do not apply to vocational classes in public schools or public postsecondary educational institutions.

B. The State or any political subdivision of the State shall not accept a bid on a Public Works project subject to the Public Works Minimum Wage Act from a prime contractor that does not provide proof or required registration for itself.

C. Contractors and subcontractors may register with the division on a form provided by the division and in accordance with Labor Department rules. The division shall charge an annual registration fee of two hundred dollars ($200). The division shall issue to the applicant a Certificate of Registration within fifteen days after receiving from the applicant the completed registration form and the registration fee.

D. Registration fees collected by the division shall be deposited in the Labor Enforcement Fund.

13-4-14.1 NMSA 1978: Labor Enforcement fund; creation; use

The "Labor Enforcement Fund" is created in the State Treasury. The fund shall consist of contractor and subcontractor registration fees collected by the Labor and Industrial Division of the Labor Department https://www.gallupnm.gov/151/Licenses-and-Permits and all investment and interest income from the fund. The fund shall be administered by the division and money in the fund is appropriated to the Division for Administration and Enforcement of the Public

Works Minimum Wage Act [13-4-10 NMSA 1978]. Money in the fund shall not revert to the general fund at the end of a fiscal year.

13-4-14.2 NMSA 1978: Registration cancellation, revocation, suspension; injunctive relief.

The Director of the Labor and Industrial Division of the Labor Department may:

A. Cancel, revoke or suspend with conditions, including probation, the registration of any party required to be registered pursuant to the Public Works Minimum Wage Act [13-4-10 NMSA 1978] for failure to comply with the registration provisions or for good cause, subject to appeal pursuant to Section 13-4-15

NMSA 1978; and

B. Seek injunctive relief in District Court for failure to comply with the registration provisions of the

Public Works Minimum Wage Act.

4.19. MINIMUM WAGE RATES

There shall be no discrimination because of race, creed, color, sex, national origin or political affiliation in the employment of persons qualified by training and experience for work carried out under this contract. A minimum wage schedule is bound in the documents and shall apply to all labor used in constructing the project. Each employee engaged in constructing the project shall be paid a wage not less than the minimum specified in the Minimum Wage Rate Schedule published by the New Mexico

Department of Work Force Solutions or Davis-Bacon (whichever one is greater) and made a part of these contract documents. Compliance with minimum wage rates shall apply equally to all Contractors and subcontractors engaged on the project. The Contractor shall post at appropriate places on the job site, copies of the Minimum Wage Schedule made a part of the Contract Documents. It shall be the responsibility of the Contractor to furnish certified copies of payrolls to the Engineer AND to Frances

Rodriguez, City of Gallup Purchasing Director (biweekly) and the New Mexico Department of Work Force

Solutions when requested, or an interested party such as Contractors, contracting agencies, labor organizations and Contractor associations to ensure compliance with the New Mexico Public Work

Minimum Wage Act and Davis-Bacon. Bidders are advised that all tiers of Contractors (including subcontractors) bidding more than $60,000 on a public works contract must be registered with the

Labor and Industrial Division of the State of New Mexico Department of Work Force Solutions prior to submitting a bid per NMSA 13-4-13.1. For registration please use following link:

https://www.dws.state.nm.us/public-works

4.20. SUBCONTRACTORS

Contractor shall not employ any subcontractor or other person or organization (including those who are to furnish the principal items of material or equipment), whether initially or as a substitute, against whom the City may have reasonable objection. A subcontractor or other person or organization identified in writing to the City by Contractor prior to the Notice of Award and not objected to in writing by the City prior to the Notice of Award will be deemed acceptable to the City. Acceptance of any https://www.dws.state.nm.us/public-works subcontractor, other person, or organization by the City shall not constitute a waiver of any right of owner to reject defective work or work not in conformance with the contact documents. If the City, after due investigation, has reasonable objection to any subcontractor, other person or organization proposed by Contractor after the Notice of Award, the Contractor shall submit an acceptable substitute and the contract price shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued. Contractor shall not be required to employ any subcontractor, other person or organization against whom he has reasonable objection. Contractor shall not, without the consent of the City, make any substitution for any subcontractor, other person or organization who has been accepted by the City.

4.21. LIST OF SUBCONTRACTORS

The bidder shall list the subcontractors he/she proposes to use for all trades or items. If awarded the contract, the bidder shall use the firm listed. Changes or substitutions to this list must be approved by the Engineer. A list of subcontractors for this project must accompany the bid proposal submittal.

The listing threshold for subcontractors for this project is Six Thousand eighty one dollars and eighty -five cents ($6081.85) and must be attached to the bid in compliance with 13-4-32 thru 13-4-43 NMSA

1978. The name and the city or county where each subcontractor is located shall also be listed. There shall be only one subcontractor listed for each classification. The general contractor shall not list themselves as the subcontractor unless he represents that he is licensed and can perform such work satisfactorily. If subcontractors change according to bid options/additive alternatives accepted, then list the subcontractors and the bid lots where they are to be used. The City reserves the right to disqualify subcontractors and suppliers in accordance with the conditions of the contract. Subcontracted work exceeding $125,000.00 must be bonded separately by the subcontractor. The Contractor shall, as soon as practicable after the signing of the contract, notify both the City and the Engineer in writing of the names of subcontractors proposed for the work and shall not employ anyone the City or the Engineer may, within a reasonable time, object to as incompetent or unfit. The Contractor agrees that they are fully responsible to the City for the acts and omissions of his/her subcontractors and/or persons either directly or indirectly employed by them, as he/she is for the acts and omissions of persons directly employed by him/her. The Contractor may be required to establish the reliability and responsibility of the proposed subcontractors or of any manufacturer to furnish and perform the work in accordance with the contract documents and completion schedule and may also be required to require performance and payment bonds of some or all subcontractors in conformance with Sec. 13-4-37 NMSA

1978. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. No officer, agent or employee of the City, including the Engineer, shall have any power or authority to bind the City or incur any obligation in its behalf to any subcontractor, material supplier, or other person in any manner whatsoever.

4.22. SEQUENCE OF WORK

Contractor shall prepare the project schedule, provide all submittals, New Mexico Department of

Transportation (NMDOT) approved traffic control plans, work permit, contact all other utility companies such as (811) and coordinate with both the City of Gallup, Residents and businesses. Potholing of existing utilities at tie-ins and crossings to verify locations and depths shall be completed at the beginning of project to facilitate product parts lead times. Water and sewer service for all residents and businesses shall be maintained at all times.

4.23. STREET CLOSURES

Access to business and residents shall be maintained at all times. Public Service Announcements (PSA's) shall be provided and coordinated the City and Engineer.

4.24. ROYALTIES AND PATENTS

It is agreed that all royalties for patents or patent infringement claims, whether such patents are for processes or devices, that might be involved in the construction or use of the work, shall be included in the contract amount and the Contractor shall satisfy all demands that may be made at any time for such, be liable for any damages or claims for patent infringements; and, at their own expense, defend any and all suits or proceedings that may be instituted any time against the Purchaser for infringement or alleged infringement of any patent or patents involved in the work and in case of an award of damages, the said Contractor

4.25. ADENDA/AMENDMENTS

If any questions, responses to questions, and for any revisions to the solicitation as originally published, a formal written amendment will be issued and will be available via OpenGov portal. If the solicitation includes a contact person for technical information, offerors are cautioned that any oral or written representations made by this or any person that appear to change materially any portion of the solicitation shall not be relied upon unless subsequently ratified by a written amendment to this solicitation issued by the City of Gallup Purchasing Department. For a determination as to whether any representation made requires that an amendment be issued, contact the Purchasing Department.

4.26. TAXES

The Contractor alone, shall be liable for the cost of taxes and shall protect the City against liability by reason of Municipal, State or Federal Laws or Regulations. Contracts solicited by competitive sealed bids shall require that the bid amount exclude the applicable state gross receipts taxes or applicable local option tax, but that the City 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 receipt tax or applicable local option tax shall be shown as a separate amount on each billing or request for payment made under the contract.

4.27. COLLUSION

Collusion among bidders or an interest in more than one bid under a different name or firm shall be cause for rejection of bid(s).

4.28. COMMENCEMENT AND COMPLETION

The Contractor shall commence work on the date specified in the City's written Notice to Proceed and shall complete the work in its entirety within the time specified in the Contract Documents.

4.29. TIME REQUIRED FOR CONSIDERATION OF BID

Contractor agrees that the prices bid proposal prices shall remain in effect for forty-five (45) days from the date of the bid opening and subject to acceptance by the Owner within that period. Time for acceptance may be extended with the mutual concurrence of the Contractor.

4.30. UNIT PRICE DISCREPANCIES

Typographical errors, errors in extending unit prices, arithmetic errors or errors clearly evident on the face of the bid document may be corrected in accordance with the procurement ordinance and procurement regulations. Discrepancies involving the incorrect extension of unit prices shall be resolved in favor of unit prices.

4.31. REQUIRED PROVISIONS DEEMED INCLUDED

Each and every provision of law and clause required by law to be included in this contract shall be deemed to be included herein and the contract shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not included or is not correctly included then upon the application of either party, the contract shall forthwith be physically amended to make such inclusion or correction. The City of Gallup does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the employment or the provision of services. Contractors shall be in compliance with all Federal, State and Local Laws and Ordinances regarding employment practices and the A.D.A. requirements.

4.32. AWARD

The award, if made shall be made to the lowest responsible bidder based on base bid (excluding taxes), submitting a responsive bid that is most advantageous to the public. Except that if sufficient funds are available to fund alternative bids, the Owner may award the contract to the responsible bidder submitting the low combined bid within the funds available (base bid plus or minus alternates). Bidder must submit bids for all items – Base bid plus all alternates or their bid will be found non responsive.

The City reserves the right to reject any or all bids. Bids may be rejected for the following, among other reasons:

Bids containing any irregularities.

Unbalanced value of any items.

Reason for believing collusion exists among the bidders.

The bidder being interested in any litigation against the Owner.

The bidder being in arrears on or having defaulted on a previous contract; or within the past three years been formally debarred in the State of New Mexico or any other jurisdiction; or whose license has been suspended or revoked by the appropriate licensing authority.

Lack of responsibility as may be revealed by a financial statement, experience and equipment, questionnaires, etc.

Uncompleted work which in the judgment of the city will prevent or hinder the prompt completion of additional work if awarded.

The City reserves the right to reject any or all bids in whole or in part, to cancel the bid, to waive technicalities and to accept the proposal it deems to be in the best interest of the City.

4.33. PROCUREMENT CODE AND RESIDENT CONTRACTOR PREFERENCE

State of New Mexico statutes shall apply. New Mexico grants a preference to those contractors who have been certified by the State of New Mexico Department of Taxation and Revenue as a Resident

Contractor or a Resident Veteran Contractor at the time bids are opened, pursuant to 13-1-22 & 13-4-2

(NMSA 1978). The New Mexico Resident contractor’s preference or Resident Veteran contractor shall be the only preference that applies. Contractor must submit a copy of their New Mexico Resident

Contractor’s Certificate or New Mexico Resident Veteran Contractors Certificate with their bid in order to be considered for the preference as per 13-1-22 (a) NMSA 1978.

The applicable State of New Mexico Resident contractor’s or Resident Veteran contractor’s preference will be factored into bid prices where applicable. However, the preferences are not cumulative, and bidders will only be entitled to receive one preference.

4.34. NOTICE TO BIDDERS

This is a notice to all New Mexico resident businesses, New Mexico resident veteran businesses and New

Mexico contractors.

All resident businesses, resident veteran businesses and contractors must apply for a current certification issued by the Tax and Revenue Department.

Certificates issued prior to July 1, 2016 are deemed EXPIRED for purposes of claiming a preference, and therefore all businesses must reapply for certification.

Applications for in-state preference will NOT be processed through the State Purchasing Division. All resident businesses, resident veteran businesses and contractors must obtain a preference number & certificate with the New Mexico Department of Taxation & Revenue.

Your preference will only apply if a copy of a Certificate issued on or after July 1, 2016 accompanies your bid or proposal.

Certificates must be provided with each and every bid and proposal submission individually, even if the

Certificate was previously provided to State Purchasing Division with a prior procurement. Certificates missing from procurement submissions will not benefit from the preference.

For additional information and application forms: Call Tax & Revenue Department at: 505-827-0926, 505-827-0949, 505- 827-0948 or Web link to: https://www.tax.newmexico.gov/businesses/in-state-veteranpreference-certification/

4.35. PROTESTS

Any bidder or offeror who is aggrieved in connection with a solicitation or award of contract may protest to the City Purchasing Department. The protest must be submitted in writing within seven (7) days after knowledge of the facts or occurrences giving rise there to. Any protest based on this solicitation will be conclusively deemed waived if the offeror does NOT specifically raise and address the protest its bid proposal submitted to the City. All offerors will be conclusively deemed to have knowledge of the facts https://www.tax.newmexico.gov/businesses/in-state-veteranpreference-certification/ https://www.tax.newmexico.gov/businesses/in-state-veteranpreference-certification/ or occurrences giving rise to a protest respecting an award at the time a contract is awarded by the City to an offeror or offerors.

4.36. PROCUREMENT CODE VIOLATIONS

The procurement code imposes civil and criminal penalties for its violation. In addition, the New Mexico

Criminal Statutes impose felony penalties for illegal bribes, gratuities, and kick-backs.

4.37. GOVERNING LAW

The bid, terms and conditions, and the Contract Documents shall be governed by the laws of the State of

New Mexico, and in accordance with 57-28A-1 NMSA 1978.

4.38. CODE COMPLIANCE

Complete installation must meet Federal, State, and Local Laws, Codes and Regulations.

5. GENERAL CONDITIONS

These General Conditions are a part of the project contract documents and shall be binding upon the parties to the contract unless specifically modified, revised or deleted by supplemental Special

Conditions or Agreements:

5.1. DEFINITIONS

The meaning and intent of the following terms or words, as used in the specifications or other contract documents, shall be interpreted as follows:

OWNER: PARTY OF THE FIRST PART, whether an individual, partnership, corporation, municipality, or division of State or Federal Government, acting through its legally authorized officials.

ENGINEER: The Engineer in charge for the Owner.

CONTRACTOR: PARTY OF THE SECOND PART, whether an individual, partnership, or corporation entering into contract for performance of the work covered by this contract and authorized agents or legal representatives.

CONTRACT DOCUMENTS: Shall be considered to include the following:

Information for Bidders

Proposal

Contract

Performance Bond

Payment Bond

General Conditions

Special Conditions

Technical Specifications

Drawings

Addenda/Amendments if applicable

DATE OF CONTRACT: Shall mean the date upon which the successful bidder's proposal is accepted by the

Owner.

DAY: Unless specifically defined elsewhere in the documents, shall mean a calendar day.

THE WORK: Shall mean the work to be done and the equipment, supplies and materials to be furnished under this contract.

PLANS AND DRAWINGS: The approved plans, working drawings or exact reproduction, showing location, character and extent of the work to be done.

CHANGE ORDER: A supplementary document to the contract, setting forth the description and value of the changes, increases or decreases in the work ordered by the Owner and agreed to by the Contractor.

INTERPRETATION OF TERMS: Whenever the words "as ordered", "as directed", "as required", "as permitted", "as allowed", or words or phrases of like import are used, it shall be understood the order, direction, requirement, permission or allowance of the Owner and Engineer is intended: similarly, the words "approved", "acceptable", "satisfactory", "suitable" or words of like effect and import shall mean approved, reasonable, acceptable, satisfactory or suitable in the judgment or opinion of the Owner and the Engineer.

OR EQUAL: Whenever a material or article required is specified or shown on the plans by using the name of the proprietary product or of a particular manufacturer of vendor, any material or article which will perform adequately and duties imposed by the general design, will be considered equal and satisfactory, provided the material or article so proposed is of equal substance and function in the Owner's and

Engineer's opinion.

FIRST CLASS: The highest quality as defined by consensus in the field which work is in reference to.

5.2. THE CONTRACTOR

It is understood and agreed that the Contractor has, by careful examination, satisfied himself/herself as to the nature and location of the work, the conformation of the ground, the character of the equipment and facilities needed preliminary to and during the performance of the work, the general local conditions, and all other matters which can in any way affect an agent or employee of the Owner, either before or after the execution of the contract in the time and in the manner prescribed.

5.3. THE ENGINEER

The Engineer shall have general supervision of the work as the representative of the Owner. Engineer shall have authority to direct the programming of the construction in so far as the proper execution of the contract is affected and to the extent that the forces of labor may be increased or decreased by his/her order to insure the execution of the contract in the time and in the manner prescribed.

All work performed under this contract shall be done in a first-class workmanship manner and done to the satisfaction of the Engineer. The Engineer shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and material herein specified. Engineer shall decide all questions which may arise as to the fulfillment of the terms of the contract by the Contractor, or as to the intent or purpose of the contract.

The Engineer shall, within a reasonable time after presentation, make decisions in writing on claims arising between the principals of the contract and shall make interpretations of the Plans and

Specifications. Such decisions and interpretations shall be regarded as final.

5.4. INSURANCE

The Contractor or their subcontractor shall not commence work under this contract until their subcontractors have obtained the insurance required under this paragraph, and certificates of insurance coverage have been filed with and approved by the Owner. All Certificates of Insurance required herein shall state that ten (10) days written notice will be given to the Owner before the policy is cancelled or changed. Extent of insurance carried and minimum coverage shall be as follows:

Worker's Compensation Insurance: The Contractor shall obtain and keep in force during the life of the contract, Worker's Compensation Insurance covering all their employees engaged in work under this contract; and if any portion of the work is sublet, the subcontractor shall carry similar coverage for all of their employees engaged in the project. Worker's Compensation Insurance shall provide coverage for not less than the following amounts or greater where required by law:

Workers' Compensation: Statutory

Employer's Liability $1,000,000

Comprehensive General Liability Insurance: The Contractor and his/her subcontractor shall obtain and maintain in effect during the life of the contract, Comprehensive General Liability Insurance including premise/operations; explosion, collapse and underground property damage; products/completed operations, broad form contractual independent contractors, broad form property damage and personal injury liabilities:

Bodily Injury $1,000,000 each occurrence

$1,000,000 annual aggregate

Property Damage $1,000,000 each occurrence

$1,000,000 annual aggregate

Personal Injury, with

Employment exclusion deleted $1,000,000 annual aggregate

Comprehensive Automobile Liability Insurance: The Contractor and his/her subcontractors shall obtain and maintain in effect during the life of the contract comprehensive automobile liability insurance including all owned (private and others) hired and non-owned vehicles:

Bodily Injury $1,000,000 each person

$1,000,000 each accident

Property Damage $1,000,000 each occurrence

5.5. INDEMNIFICATION OF OWNER

The Contractor hereby expressly binds themselves to defend, indemnify and save harmless the Owner, their agents and employees, from all suits and actions of every nature and description brought against them, on account of the construction of this work or by reason of any act of omissions, or malfeasance of the Contractor, their employees or agents, or any subcontractor or their agents or employees. The

Contractor's responsibility under this paragraph applies equally to injuries to the Contractor's employees, sub-contractor employees, and bystanders. The Contractor is responsible for protection of life and property from harm, damage and injury.

5.6. PRE-CONSTRUCTION MEETING AND NOTICE TO PROCEED

A pre-construction meeting shall be held within fifteen (15) calendar days of receipt of contract documents.

A Notice to Proceed will be issued within seven (7) days after the pre-construction meeting.

Contractor must also furnish as part of the contract documents the Notice of “Intent to Pay Prevailing

Wages” for themselves and all subcontractors that have been approved by the Department of

Workforce Solutions prior to an issuance of the Notice to Proceed.

5.7. LIQUIDATED DAMAGES

It is mutually understood and agreed by and between the parties of this contract, in the execution of the same that time is of the essence of the contract. In the event that the Contractor shall fail to complete the work to be performed under this contract by and at the completion time stated in the proposal, the

Contractor shall pay unto the Owner as and for the liquidated damages, and not as a penalty, the sum of money specified in the Special Conditions for each and every calendar day that the Contractor shall be in default. Extensions of time granted by the Owner in accordance with the provisions of below Paragraph titled: "DELAYS AND EXTENSIONS OF TIME" shall not operate to the contrary, unless such extensions granted by the Owner specifically provide for the waiving of liquidated damages during and over such period of time extension.

Liquidated damages will be waived for and during the extent of any delay caused by the inability of the

Contractor to obtain materials or equipment by reason of Federal Embargoes, priority order or other restrictions imposed by the United States government, provided that adequate evidence is presented by the Contractor to prove such delay and to enable the Owner to determine with exactness the extent and duration of such delay for each item of material and equipment involved.

The Owner shall have the right to deduct said liquidated damages from any monies in his/her hands, otherwise due, or to become due to said contractors, or to claim for and recover compensation for damages for non-performance of this contract at the time stipulated herein and provided for.

5.8. RELEASE OF LIABILITY

The acceptance by the Contractor of the last payment shall operate as, and be a release to, the Owner and every officer and agent thereof, from all claims and liability to the Contractor for anything done or furnished for, or relating to the work, or for any act of neglect of the Owner, or any person relating to or affecting the work.

5.9. SUPERVISION AND INSPECTION

All materials used and all work done shall at all times be subject to the inspection, tests and approval of the Engineer and his authorized representatives.

The Contractor shall furnish samples for testing purposes of any material required by the Engineer and any information required concerning the nature or source of any material which he proposes to use.

Detailed requirements concerning the making of laboratory tests and the payment therefore are included in the Detailed Specifications.

Inspectors may be appointed by the Engineer or the Owner, whose duty it shall be to see that the work is done properly and in accordance with the plans and specifications. Inspectors shall have authority, subject to the final decision of the Engineers, to condemn and reject any defective work or material and to suspend the work when the same is not being properly done.

Inspectors shall have no authority to permit any deviation from the plans and specifications except on written order from the Engineer. The Contractor will be liable for any deviation except on such written order.

All condemned work shall be promptly taken out and replaced by satisfactory work, and all condemned materials shall be promptly removed from the vicinity of the work. Should the Contractor fail or refuse to comply with instructions in this respect, the Owner may, upon certification by Engineer, withhold payment or proceed to terminate contracts as herein provided.

Any defective material or workmanship may be rejected by the Engineer at any time before the final acceptance of the work, even though the same have been previously overlooked and estimated for payment.

The Engineer and all duly authorized representatives shall at all times have the right to inspect the work for compliance with the plans and specifications. It shall be the responsibility of the Contractor to furnish reasonable facilities for the Engineers use in determining the progress and manner of the work, and in evaluating the quality of materials.

5.10. WORKMANSHIP AND SUPERINTENDENCE

The Contractor shall keep on the worksite, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The superintendent shall represent the Contractor in their absence, and directions given to superintendent shall be as binding as if given to the Contractor directly.

The Contractor shall provide tools and equipment and the services of all workmen, mechanics, tradesmen and other employees necessary in the construction and execution of the work contemplated and outlined herein. The employees of the Contractor shall be competent and willing to perform satisfactorily the work required of them. Any employee who is disorderly, intemperate or incompetent or who neglects or refuses to perform their work in a satisfactory manner, shall upon request of the

Engineer, be promptly discharged and shall not be re-employed except with the Engineer's consent.

It is called particularly to the Contractor's attention that only first-class workmanship will be acceptable.

5.11. DELAYS AND EXTENSIONS OF TIME

The Contractor expressly covenants and agrees that in undertaking to complete the work and having made allowances for all of the ordinary delays and hindrances incident to such work whether growing out of delays in securing materials, workmen or otherwise. Should the Contractor, however, be delayed in the prosecution and completion of the work by reason of delayed shipment orders, or by any changes, additions or omissions therein ordered in writing by the Owner or by the abandonment of the work by men engaged hereon through no fault of the Contractor, or by embargoes, etc. which would effect the fabrication or delivery of materials and/or equipment to the work, or by delays caused by court proceedings, the Contractor shall have no claims for damages for any cause or delay, but he/she shall in such cases, be entitled to such extension of the time specified for the completion of the work as the Owner shall award in writing on account of such delays, provided however, that claim for such extension of time is made by the Contractor to the Owner in writing within one week from the time when any such alleged cause for delay shall occur.

5.12. ADDITIONAL, OMITTED OR CHANGED WORK

Additional work shall be done as ordered in writing by the Owner, stating the location, character and amount of the work authorized. Additional work shall be subject to the same inspection and tests as though therein included.

Additions or deductions to quantities on items included in the proposal shall be adjusted as provided therefore.

Additional, omitted or changed work on which no unit price is provided shall be known as Unclassified

Work, and compensation for the same shall be adjusted as follows:

A. Unit bid prices previously approved.

B. An agreed lump sum or unit prices.

C. The actual cost of:

1. Labor, including foremen

2. Materials entering permanently into the work

3. The Ownership or rental cost of construction plant and equipment during the time of use on the extra work

4. Power and consumable supplies for the operation of power equipment

5. Insurance

6. Social Security and old age and unemployment contributions.

To the cost under (C) there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) unless stated otherwise in the Bid Proposal of the actual cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. To the charge for extra work under (C) the Contractor may add applicable Local and State

Gross Receipts Taxes.

Changed work shall be adjusted as mentioned, considering separately the parts of work and material omitted and parts of work and material added. Prior to the issuance of a change order for unclassified work, the Contractor shall furnish the Owner with an itemized list of cost for the proposed unclassified work.

Unclassified work bills shall be rendered by the Contractor no later than fifteen (15) days after the completion of each assignment of additional work, and if found correct, will be recommended for approval by the Engineer and presented for payment with the next regular…