A.1
Advertisement For Bids
CITY
OF SANTA FE, NEW MEXICO
INVITATION
TO BID NUMBER 08/21/B
SEALED
BID FOR: ON CALL CONCRETE CONSTRUCTION
SERVICES
City
of Santa Fe, New Mexico
TO
BE OPENED AT: City
of Santa Fe
Purchasing
Division
2651
Siringo Road, Bldg. H
Santa Fe, New Mexico 87505
TIME: 2:00
p.m. Local Prevailing Time
DATE: Wednesday,
January 3, 2008
ADDRESSED
TO: Purchasing
Office
2651
Siringo Road, Bldg H
Santa
Fe, New Mexico 87505
Bids
will be received until the above time, then opened publicly at the Purchasing
Division, 2651 Siringo Rd., Santa Fe, NM or other designated place, and read
aloud. BIDS RECEIVED AFTER THE ABOVE TIME WILL BE RETURNED UNOPENED.
Contract
documents may be reviewed at the City of Santa Fe Engineering Division or at
the following plan rooms:
Builders
News
3435
Princeton, NE
Albuquerque,
NM 87107
Construction
Reporter
1609 Second, NW
Albuquerque,
NM 87102
McGraw
Hill Dodge
1615 University Blvd.,
NE
Albuquerque,
NM 87102
Reed
Construction Data
3351 Candelaria, NE
Suite D
Albuquerque,
NM 87107
OBTAINING
CONTRACT DOCUMENTS: Plan drawings,
specifications and contract documents may be obtained at the following address:
City
of Santa Fe
Engineering
Division
Joseph
M. Montoya Federal Building, Room 203
120
South Federal Place
Santa
Fe, New Mexico 87504
Upon
application by a prospective bidder, one set of contract documents will
be provided upon the condition that all such documents will be returned to the City
of Santa Fe Engineering Division complete and in good condition within ten (10)
days after the date of bid opening, specifically January 28, 2008. Otherwise, the City may elect to bill the
plan holder appropriate reproduction fees for said documents.
Bids
for the project will be presented in the form of a unit price bid. The bidder shall bid all items listed.
Each
bidder must conform to the conditions specified in the section entitled
"Instructions For Bidders".
BID
GUARANTEE: Each bid shall be
accompanied by an acceptable form of Bid Guarantee in an amount equal to at
least five percent (5%) of the amount of the bid payable to the City of Santa
Fe as a guarantee that if the bid is accepted, the Bidder will execute the
Contract and file acceptable Performance and Labor and Material Payment Bonds
within fifteen (15) days after the award of the Contract.
The
bid shall also include a signed Certificate of Bidder Regarding Equal
Employment Opportunity", "Certificate of Non-segregated
Facilities , a signed "Non-Collusion Affidavit of Prime Bidder",
Subcontractor Listing , and "Acknowledgement for Receipt of
Addenda". The successful
bidder shall, upon notice of award of contract, secure from each of his/her
subcontractors a signed "Non-Collusion Affidavit of Subcontractor". Bidders must possess an applicable license
to perform the work under this contract, provided for in the New Mexico
Construction Industries Rules and Regulations.
The
Bidding Documents contain a time for completion of the work by the successful
bidder and further imposes liquidated damages for failure to comply with that
time.
Performance
Bond and Labor & Material Payment Bond, each 100% of the Contract sum, will
be required of the successful bidder entering into the construction contract.
Bids
will be held for sixty (60) days subject to action by the City.
OWNERS
RIGHTS RESERVED: The City of Santa Fe,
herein called the City, reserves the right to reject any or all bids and to
waive any formality or technicality in any bid in the best interest of the
City.
PRE-BID
CONFERENCE: A pre-bid conference will
be held on Monday, December 17, 2007 at 2:00 p.m. at the City of Santa Fe
Community Services Conference Room, 120 South Federal Loop, Room 326, Santa Fe,
New Mexico 87504. The purpose of this
conference will be for the clarification of the project requirements.
The
work to be performed with this project consists of furnishing all equipment,
labor and materials for all on call construction services under this contract,
in accordance with the drawings, specifications, and other Contract Documents.
The
project is subject to New Mexico State Labor Commission Wage Rate Decision No. SF-07-1267
A.
EQUAL
OPPORTUNITY IN EMPLOYMENT: All
qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, sexual orientation or national origin. Bidders
on this work will be required to comply with the Presidents Executive Order No.
11246 as amended.
ATTEST:
Mr. Robert Rodarte
Purchasing Officer
2651 Siringo Road, Bldg H
Santa
Fe, New Mexico 87505
Received
by the SANTA FE NEW MEXICAN on date: 11/30/07
By:
To
be published on: 12/06/07
Received
by the ALBUQUERQUE JOURNAL on date: 11/30/07
By:
To
be published on: 12/06/07
This page left
blank intentionally
A.2
Bid Schedule
Advertisement: December 6, 2007
Issuance
of Request for Bids: December 6, 2007
Pre-Bid
Conference: A
pre-bid conference will be held on Monday, December 17, 2007 at 2:00 p.m. at
the City of Santa Fe Community Services Conference Room, 120 South Federal
Loop, Room 326, Santa Fe, New Mexico 87504.
The purpose of this conference will be for the clarification of the
project requirements. Call Desirae
Lujan at (505) 955-6672 for additional information.
Receipt of
Bids: January
3, 2007, at 2:00 PM local prevailing time at the City of Santa Fe, Purchasing
Division, 2651 Siringo Road, Bldg. H, Santa Fe, New Mexico 87505, (505)
955-5711
Public
Works Committee: Monday, January
14, 2008
Finance
Committee: Monday,
January 21, 2008
City
Council: Monday,
January 28, 2008
Dates
of consideration to Public Works Committee, Finance Committee, and City
Council, are tentative and may be changed without notice.
A.3
Instructions For Bidders
Bids
are requested by City of Santa Fe for Construction of On Call Construction
Services in accordance with contract documents supplied by The City of
Santa Fe, Public Works Department.
1. LOCATION
AND DESCRIPTION OF WORK: The work under
this contract is located in or adjacent to the City of Santa Fe, New
Mexico. The work consists of furnishing
all equipment, labor and materials as specified in the construction plans.
2. TIME
AND PLACE OF RECEIVING AND OPENING BIDS:
This information will be found in the "Advertisement for Bids"
form attached hereto. A bid received
after the specified time will not be considered and will be returned to the
bidder unopened.
3. SPECIFICATIONS
AND CONTRACT DOCUMENTS
3.1.
SPECIFICATIONS: The
construction of this project will be in accordance with the NEW MEXICO STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 1987 EDITION (NMSSPWC) and the NEW
MEXICO STATE HIGHWAY AND TRANSPORTATION DEPARTMENT STANDARD SPECIFICATIONS FOR
ROAD AND BRIDGE CONSTRUCTION 2000 EDITION (NMSH&TD SSRBC).
3.2.
PLANS AND CONTRACT DOCUMENT DEPOSIT: The deposit for each set of bidding forms and documents as
required in the "Advertisement for Bids" will be refunded to each
bidder provided such documents are returned in good condition to the Engineer
within ten (10) days after the bid opening date. An additional four (4) sets of bidding documents will be
furnished to the successful bidder at no additional charge. Any additional sets requested will be issued
to the successful bidder by the Engineer at the cost of reproduction.
4. DEFINED
TERMS: Terms used in these Instructions
to Bidders have the meanings assigned to them in Section 101 of the NMSHTD
Standard Specifications as modified.
5. EXAMINATION
OF BIDDING DOCUMENTS AND SITE: Before
submitting his/her bid, each bidder must (a)
examine the bidding documents thoroughly, (b) visit the site to familiarize himself/herself with local
conditions that may in any manner affect performance of the work, (c) familiarize himself/herself with federal,
state and local laws, ordinances, rules and regulations affecting performance
of the work; and (d) carefully
correlate his/her observations with the requirements of the contract
documents. The submission of a Bid
constitutes representation by Bidder that Bidder has complied with every
requirement of this section and that the contract documents are sufficient in
scope to indicate and convey understanding of all terms and conditions for
performance of the work.
6. THE
COMPLETE CONTRACT DOCUMENTS CONTAIN THE FOLLOWING: Everything that is bound herein, project plans and any standard
specifications referenced herein.
7. INTERPRETATIONS:
1.
ADDENDA AND INTERPRETATIONS
No oral interpretations of the meaning of the specifications
or other pre-bid documents will be binding. Oral communications are permitted
in order to make an assessment of need for an addendum. ANY QUESTIONS
CONCERNING THE BID SHOULD BE ADDRESSED PRIOR TO BID OPENING DATE.
Every request for such interpretations should be in writing
addressed to Robert Rodarte, Purchasing Officer, 2651 Siringo Road, Bldg. H,
Santa Fe, New Mexico 87505 and to be given consideration must be received at
least (5) five days prior to the date fixed for the opening of bids.
Any and all such interpretations and any supplemental
instructions will be in the form of written addenda to the specifications
which, if issued, will be delivered to all prospective bidders not later than
three days prior to the date fixed for the opening of the bids. Failure of any
bidder to receive any such addendum or interpretations shall not relieve such
bidder from any obligation under his bid as submitted. All addenda so issued
shall become part of the contract documents.
The City reserves the right to not comply with these time
frames if a critical addendum is required or if the proposal deadline needs to
be extended due to a critical reason in the best interest of the City of Santa
Fe.
8. BID
SECURITY: Bid security in the amount of
5% of the amount of the bid shall accompany the bid submittal and must be in
the form of a certified or bank cashier's check made payable to the City or a
bid bond issued by a surety licensed to conduct business in the State of New
Mexico, or other supplies in a form satisfactory to the City. The Bid Security of the successful bidder
will be retained until he/she has executed the Construction Agreement and
furnished the required Contract Security, whereupon it will be returned. If he/she fails to execute and deliver the
Construction Agreement and furnish the required Contract Security within 10
days of the Notice of Award, the City may annul the Notice of Award and the Bid
Security of that bidder will be forfeited.
The Bid Security of any bidder whom the City believes to have a
reasonable chance of receiving the award may be retained by the City until
either the seventh day after the executed Construction Agreement is delivered
by the City to Contractor and the required Contract Security is furnished or
the sixty-first day after the bid opening, whichever is earlier. Bid security
of other bidders will be returned within thirty days of the bid opening, or
sooner.
9.
RESIDENT & LOCAL PREFERENCE
9.1INTENT AND POLICY
The
city recognizes that the intent of the state resident preference statute is to
give New Mexico businesses and contractors an advantage over those businesses,
manufacturers and contractors from outside the State of New Mexico. The underlying policy is to give a
preference to those persons and companies who contribute to the economy of the
State of New Mexico by maintaining businesses and other facilities within the
state and giving employment to residents of the state (1969 OP. Att'y Gen. No.
69-42). The city also has adopted a
policy to include a local preference to those persons and companies who
contribute to the economy of the County of Santa Fe by maintaining businesses
and other facilities within the county and giving employment to residents of
the county.
9.2 APPLICATION-IN-STATE AND OUT OF STATE
BIDDERS
With
acknowledgment of this intent and policy, the preference will only be applied
when bids are received from in-state and county businesses, manufacturers and
contractors that are within 5% of low bids received from out-of-state
businesses, manufacturers and contractors (13-1-21 (A) -1-21 (F) and 13-4-2 (C)
NMSA 1978).
To
be considered a resident for application of the preference, the in-state bidder
must have included a valid state purchasing certification number with the
submitted bid.
Thus
it is recommended that in-state bidders obtain a state purchasing certification
number and use it on all bids, in order to have the preference applied to their
advantage, in the event an out-of-state bid is submitted. In submitting a bid, it should never be
assumed that an out-of-state bid will not be submitted.
For
information on obtaining a state purchasing certification number, the potential
bidder should contact the State of New Mexico General Services
Department-Purchasing Office (Joseph Montoya Building-1100 S. St. Francis Drive
87505, 827-0472). The process involves a short application and certification by
the applicant of the information requested by the state resident preference
statute. The certificate is generally
issued immediately.
All
resident preferences shall be verified through the State Purchasing
Office. Applications for resident
preference not confirmed by the state Purchasing Office will be rejected. The certification must be under the bidder's
business name submitting the bid.
9.3 NON-APPLICATION-COMPETING IN-STATE
BIDDERS
If
the lowest responsive bid and the next responsive bids within 8% of the lowest
bid, are all from the state of New Mexico, then the resident preference will
not be applied and the state purchasing certification number will not be
considered. To be considered an
in-state bidder in this situation, the bidders must meet the definition
criteria of Chapter 13-1-21 (A)(1) and Chapter 13-4-2 (A) NMSA 1978. After
examining the information included in the bid submitted, the city Purchasing
Director may seek additional information of proof to verify that the business
is a valid New Mexico business. If it
is determined by the city Purchasing Director that the information is not
factual and the low responsive bid is actually an out-of-state bidder and not a
New Mexico business, then the procedures in the previous section may be
applied.
If
the bidder has met the above criteria, the low responsive "resident"
bid shall be multiplied by .95. If that amount is then lower than the low
responsive bid of a "non-resident" bidder, the award will be based
taking into consideration the resident preference of 5%.
9.4 APPLICATION FOR LOCAL PREFERENCE
For the purposes of this
section, the terms resident business and resident manufacturer shall be defined
as set out in Section 13-1-21 NMSA 1978; the term local as applied to a
business or manufacturer shall mean that it maintains a place of business in
Santa Fe County, and that:
(a)
five or more of its employees are residents of the county; or,
(b)
if a
partnership, its partners owning a majority beneficial interest in the
partnership are residents of the county; or
(c)
if a sole proprietor, he or she is a resident of the county.
The PREFERENCE FACTOR for
resident and local preferences applied to bids shall be .95 for resident and
.92 for local. The local preference for proposals shall be 1.08.
Bids for Goods and Services. When bids for the purchase of goods or services
pursuant to Section 22 are received, the lowest responsive bid received from
those bidders in the first category listed below shall be multiplied by the
Preference Factor. If the resulting price of that bid receiving the preference
is lower than or equal to the lowest bid of all bids received, the contract
shall be awarded to that bidder receiving the preference. If no bids are
received from bidders in the first category, or if the bid receiving the
preference does not qualify for an award after multiplication by the Preference
Factor, the same procedure shall be followed with respect to the next category
of bidders listed to determine if the bid qualifies for award. The priority of
categories of bidders is:
(1)
Local business.
(2)
Resident
business.
Proposals for Goods and Services. When proposals for the purchase of goods or
services pursuant to Section 23 are received, the evaluation score of the
proposal receiving the highest score of all proposals from those proponents in
the first category listed above shall be multiplied by the Preference
Factor. If the resulting score of that
proposal receiving the preference is higher than or equal to the highest score of
all proposals received, the contract shall be recommended to that proponent
receiving the preference. If no
proposals are received from proponents in the first category, or if the
proposal receiving the preference does not qualify for an award after multiplication
by the Preference Factor, the same procedure shall be followed with respect to
the next category of proposals listed to determine if a proponent qualifies for
award.
Qualifications for Resident Preference. No resident business
or manufacturer, as defined, shall be given any preference in the awarding of
contracts for furnishing goods or services to the city, unless it shall have
qualified with the State Purchasing Agent as a resident business or
manufacturer and obtained a certification number as provided in Section 13-1-22
NMSA 1978. The certification number
must be submitted with its bid for an offeror to qualify for this
preference. The Central Purchasing
Office shall determine if a resident preference is applicable to a particular
offer on a case by case basis.
Qualifications for Local Preference. The Central Purchasing Office shall have
available a form to be completed by all bidders/proponents who desire to apply
for the local preference as a local business.
The completed form with the information certified by the offeror must be
submitted by the bidders/proponents with their bid or proposal to qualify for
this preference.
Limitation. No offeror shall receive more than a 5% for resident
and 8% for local preference pursuant to this section on any one offer
submitted. A bidder may not claim
cumulative preferences.
Application. This section shall not apply to any purchase of goods
or services when the expenditure of federal and/or state funds designated for a
specific purchase is involved and the award requirements of the funding
prohibit resident and/or local preference(s). This shall be determined in
writing by the department with the grant requirements attached to the
Purchasing Office before the bid or request for proposals is issued.
New Mexico Resident Preference Number (if
applicable)
INSTRUCTIONS
RELATING TO LOCAL PREFERENCE CERTIFICATION FORM
1.
All information must be provided. A 8% local
preference may be available for this procurement. To qualify for this preference, an offeror must complete
and submit the local preference certification form with its offer. If an offer is received without the form
attached, completed, notarized, and signed or if the form is received without
the required information, the preference will not be applied. The local preference form or a corrected
form will not be accepted after the deadline for receipt of bids or proposals.
2.
Local preference precedence over state preference. The
local preference takes precedence over the State Resident Preference and only
one such preference will be applied to any one bid or proposal. If it is determined that the local
preference applies to one or more offerors in any solicitation, the State
Resident Preference will not be applied to any offers.
3.
Physical location must be stated. To qualify for
the local preference, a business must have a location in Santa Fe County unless
otherwise exempted. The business location on the form must be a physical
location, street address and physical address.
Do not use a post office box or other postal address.
4.
Owners or employees must be residents. To qualify for this preference, if the
business location is not in Santa Fe County, the bidder/proponent (i.e., the
business, not the individual signing the form) must fall into at least
one of the categories listed below.
A.
The business is a partnership with residents of Santa Fe
County owning a majority beneficial interest in the partnership.
B.
The business is a sole proprietorship owned by a resident of
Santa Fe County.
C. 5 or more of the
businesses full-time current employees are residents of Santa Fe County.
5.
Subcontractors do not qualify. Only the business, or if joint venture, one of the parties of
the joint venture, which will actually be performing the services or providing
the goods solicited by this request and will be responsible under any resulting
contract will qualify for this preference.
A subcontractor may not qualify on behalf of a prime contractor.
6.
Definition. The
following definition applies to this preference.
The Santa
Fe area includes the City of Santa Fe and Santa Fe County.
A resident
of the Santa Fe County is a person who occupies a dwelling in the county and
who manifests an intent to maintain that dwelling on a permanent basis.
Additional Documentation. If
requested a business will be required to provide, within 10 working days of the
request, documentation to substantiate the information provided on the
form. Any business which must be
registered under state law, must be able to show that it is a business entity
in good standing if so requested.
LOCAL PREFERENCE CERTIFICATION FORM
BID/PROPOSAL NUMBER: 08/21/B
IF APPLICABLE YOU MUST
RETURN THIS FORM WITH YOUR BID OR PROPOSAL
Business
Name:
Business
License Number: (Attach copy of business license.)
Business
Location (In Santa Fe County:)
Address:
City:
Zip
Code:
County:
Business
Type:
Corporation Indicate state of
incorporation
Partnership Indicate general or
limited
Sole proprietorship
Basis for preference (Check applicable box(s) if
physical location of business is not in Santa Fe County.)
The business is a partnership with
residents of the Santa Fe County owning a majority beneficial interest in the
partnership. (Attach a list of partners
with names and addresses.)
The business is a sole proprietorship
owned by a resident of the Santa Fe County.
(Attach name and address of owner.)
5 or more of the businesses full-time
current employees are residents of the Santa Fe County. (Attach a list of employees and addresses.)
CERTIFICATION: I hereby certify under penalty of perjury
that the information which I have provided on this form is true and correct,
that I am authorized to sign on behalf of the business set out above and if
requested by the city will provide, within 10 days of notice, the necessary
documents to substantiate the information provided on this form.
By: Authorized
Representative: Print
Name
Title: Date:
Subscribed and sworn before me by this , day of ,
My commission expires:
Notary Public
SEAL
10.CONTRACT TIME: The number of days for the completion of
work (the contract time) is set forth in the Bid Form and will be included in
the executed Construction Agreement.
11.SUBCONTRACTORS,
SUPPLIERS AND OTHERS:
11.1. The
Contractor, in the bid documents, must identify in writing to the City those
portions of the work that he/she proposes to subcontract and after the Notice
of Award, may only subcontract other portions of the work with the City's
written consent.
11.2. Registration
with the Labor and Industrial Division of the Labor Department. A
contractor or subcontractor that submits a bid valued at more than fifty
thousand dollars ($50,000) for a city project that is subject to the Public
Works Minimum Wage Act (13-4-10 NMSA 1978) shall be registered with the labor
and industrial division of the labor department. The registration number
shall be provided in the bid submitted for the contractor in the space provided
and for subcontractors with work proposed over $50,000 on the subcontractor
form. After the bid opening, the registration number(s) will be verified
by the City and the bid will be determined to be non-responsive and
disqualified if the registration number(s) appear to be not valid and the
contractor does not provide proof of the required registration for itself or
its subcontractors with work proposed over fifty thousand dollars
($50,000). It is the responsibility of the contractor and the
subcontractors to ensure the registration is completed prior to the bid
opening.
11.3. Contractor
will not be required to employ any other subcontractor, other person or
organization against whom he/she has reasonable objection.
11.4. The
Contractor shall list all subcontractor names, addresses and type of work to be
performed.
11.5. The
threshold amount for this project is $5,000. The General contractor must list
all subcontractors who will perform work in excess of this threshold. Only one sub-contractor may be listed for
each category as defined by the contractor.
The Subcontractor Fair Practice Act (13-4-31 thru 14-3-43 NMSA 1988)
shall apply.
11.6. EXEMPTION: In accordance with the "SUBCONTRACTOR'S
FAIR PRACTICES ACT", Section 13-4-35, the Contractor shall not be required
to submit a Subcontractor's Listing form with the bid for contracts for
construction, improvement or repair of streets or highways, including bridges,
underground utilities within easements, including but not limited to
waterlines, sewerlines and storm sewer lines.
The SUBCONTRACTOR'S FAIR PRACTICES ACT shall apply, however, to that
portion of contracts for construction, improvement or repair of streets or
highways which covers street lighting and traffic signals.
The bidder shall list the subcontractor or material suppliers he/she
proposes to use for all trades or items on the Subcontractor Listing Form
attached to the Bidding Documents. If
awarded the contract, the Bidder shall use the firm listed, or himself/herself
if "General Contractor" has been listed, unless a request for a
change or substitution is approved by the Owner of any reason as outlined
herein.
11.7. For
subcontract work involving the provision of "SUBCONTRACTOR'S FAIR PRACTICES
ACT 13-4-31...43 NMSA 1978." summarized as follows, shall apply:
11.7.1.
A Contractor may not substitute any subcontract or any
subcontractor listed, unless the City approves the substitution based on the
following situations:
11.7.1.1. The
subcontractor fails or refuses to execute a contract due to bankruptcy or
insolvency;
11.7.1.2. The
subcontractor fails or refuses to perform;
11.7.1.3. The
contractor demonstrates to the City that the listed subcontractor was due to an
inadvertent clerical error;
11.7.1.4. Acceptance
of an alternate by the City causes the original subcontractor's bid not to be
low;
11.7.1.5. The
contractor can substantiate to the City that a subcontractor's bid is
incomplete; or
11.7.1.6. The
subcontractor fails or refuses to meet bond requirements of the contractor.
11.7.2.Prior
to approval of the contractor's request for substitution, the City shall give
notice to the listed subcontractor by certified mail. The subcontractor shall have five working days to submit written
objections to the City. Failure to
respond shall constitute subcontractor's consent to the substitution. If written objections are received, the City
shall give five working days notice of a hearing.
11.7.3.No
other substitution of subcontractors may be permitted by the contractor, other
than for requested change orders in the scope of the work or unless the
contractor can show that no bids were received.
11.7.4.It
shall be the responsibility of the subcontractor to be prepared to submit
performance or payment bonds if requested by the contractor. If the subcontractor does not furnish such
requested bonding, the contractor may substitute another subcontractor, as per
the provisions of item 1 above. (The
requirement of such bonding must be included in the contractor's written or
published request for subcontract bids.)
11.7.5.If
the contractor does not specify a subcontractor, he/she represents that he/she
shall perform the work.
11.7.6.If
the contractor is claiming an inadvertent clerical error, notice shall be given
to the City and to the involved subcontractor within two working days of the
bid opening. The subcontractor shall
have six working days from the bid opening to submit written objections. Failure to respond shall constitute
subcontractor's agreement that an error was made.
11.7.7.If
determined to be an emergency, upon written finding, subcontracting may be
permitted although not originally designated in the bid.
11.7.8.By
State statute, violation of this act may allow the City to cancel the contract
or assess the contractor a penalty up to 10% of the subcontract involved, but
in no case less than the difference between the amount of the listed
subcontractor and the subcontractor used.
The contractor shall be entitled to a hearing after receiving a notice
of intent to assess a penalty.
11.7.9.If
a hearing is held, the dispute shall be stated in writing and the City shall
evaluate the issues of both sides and render a determination within 10 days of
the hearing and provide the parties with a written copy of the decision by
certified mail. The City may also refer
the matter to arbitration.
12.BID FORM:
12.1. The
Bid Form is included in the bidding documents; additional copies may be
obtained from Engineer.
12.2. Bid
Forms must be completed in either ink or typewritten. The bid price of each item on the form must be stated in numerals
and written words; in case of an error in extensions in the unit price schedule
the unit price shown in written words shall govern.
12.3. Bids
by corporations must be executed in the corporate name by the president or a
vice president (or other corporate office accompanied by evidence of authority
to sign) and the corporate seal shall be affixed and attested by the secretary
or an assistant secretary. The corporate address and state of incorporation
shall be shown below the signature.
12.4. Bids
by partnerships must be executed in the partnership name and signed by a
partner, his/her title must appear under his/her signature and the official
address of the partnership must be shown below the signature.
12.5. All
names must be typed or printed below the signature.
12.6. The
bid shall contain an acknowledgement of receipt of all Addenda (the numbers of
which shall be filled in on the Bid Form).
13.QUALIFICATION OF
BIDS: All bidders must have a valid New
Mexico Contractor's License appropriate to the work herein specified.
14.SUBMISSION OF BIDS: Bids shall be submitted at the time and
place indicated in the Advertisement for Bids and shall be enclosed in an
opaque sealed envelope, marked with the project title, name and address of the
bidder, N.M. License Number, and accompanied by the Bid Security, list of
subcontractors and other required documents.
The bid submittal shall not be detached from the bound set of bidding
documents. All blanks must be filled
in. Conditional bids will not be
considered. The envelope shall be
addressed to:
Purchasing Office
2651
Siringo Road, Bldg H
Santa
Fe, New Mexico 87505
No
late bids will be accepted whether hand delivered, mailed or special
delivery. Do not rely on overnight
delivery without including some lead-time.
Overnight delivery will be determined to be non-responsive if
delivered late, no matter whose fault it was.
It is recommended that extra days be included in the anticipated
delivery date to ensure delivery is timely.
The Purchasing Office is closed 12:00 p.m. to 1:00 p.m. The outside of the envelope shall clearly be
marked as stated above.
15.MODIFICATION AND
WITHDRAWAL OF BIDS: Bids may be
modified or withdrawn by an appropriate document duly executed and delivered to
the place where bids are to be submitted at any time prior to the opening of
bids.
16.BID OPENING
PROCEDURE: The person or persons
opening the bids will adhere to the following procedure:
16.1. Bid
- Name the Bidder and the Number of Bidder's New Mexico Contractor's License
with a check for proper signatures.
16.2. Check
for bid bond.
16.3. Non-Collusion
Affidavit of Prime Bidder.
16.4. Submittal,
acknowledgement of Addenda, if any.
16.5. Properly
executed Bid Form.
16.6. EEO-1
16.7. Certification
of Non-segregated Facilities.
16.8. Subcontractor's
and Material Suppliers Listing (as applicable)
16.9. Bidder s
List of Quoters
If
any of the above requirements have not been met, the bid shall be disqualified
and considered a non-responsive bid.
Any disqualified bids will not be read.
17.BIDS TO REMAIN
OPEN: All bids shall remain open for
sixty (60) days after the day of the bid opening, but the City may, in its sole
discretion, release any bid and return the Bid Security prior to that date.
18.AWARD OF CONTRACT:
18.1. The
City reserves the right to reject any and all bids and waive any and all
informalities or technicalities and the right to disregard all nonconforming or
conditional bids or counter bids.
18.2. The
City reserves the right to award bid based upon the lowest base bid only or if
alternates are to be awarded, the low bid for any combination of base bid and
alternate(s). (Note that the listed order of alternates is not prioritized).
18.3. If
a contract is to be awarded, it will be awarded to the lowest responsible
bidder whose evaluation indicates to the City that the award will be in the
best interests of the project and the City.
18.4. Simultaneously
with delivery of the executed counterparts of the Agreement to the City,
contractor shall deliver to the City the required Contract Bonds.
18.5. If
a contract is to be awarded, the City will give the apparent successful bidder
a Notice of Award within sixty (60) days after the day of the bid opening.
18.6. If
the lowest responsible bidder has otherwise qualified, the lowest bidder may
negotiate with the City for a lower bid if the lowest bid is within ten percent
over budgeted project funds. No change
in the original scope of the terms or terms and conditions will be
allowed. Terms and conditions refer to
the contract requirements, warranties, and bonds. Negotiation may be permitted with product, materials, and
equipment alternatives as determined to be in the best interest of the Owner.
19.WAGE RATES: The Bidder's attention is directed to the
fact that wages to be paid on this project shall not be less than the higher of
the two prevailing wage rates as listed by the New Mexico State Labor and
Industrial Commission and the U.S. Department of Labor Wage Decision. It shall be the successful Bidder's
responsibility to inform himself/ herself thoroughly of all state, federal and
local laws and statutes pertaining to the employment of labor, the freedom of
organization and the conditions of employment and shall strictly adhere to such
laws and regulations as are applicable. There shall be no discrimination
because of race, creed, color, national origin or legal political affiliation in
the employment of persons qualified by training and experience for work under
this contract.
20.REQUIRED SUBMITTALS:
20.1.
Name of Bidder and NM Contractor License Number and types
20.2.
Bid Bond
20.3.
Non-Collusion Affidavit of Prime Bidder
20.4.
Proposal, acknowledgement of Addenda, if any
20.5.
Properly executed Bid Form
20.6.
EEO-1
20.7.
Certification of Non-segregated Facilities
20.8.
Subcontractors and Material Suppliers Listing (as applicable)
20.9.
Bidder s List of Quoters
If
any of the above requirements have not been met, the bid shall not be read.
21.SUBSTITUTIONS: The bid shall not be qualified by the
proposal of substitutions for specified materials or equipment.
22.PREFERENCES: In the construction of this project, the
City has no preference for any process, type of equipment, or kind of material,
but will consider all processes, types of equipment or kinds of material
offered on an usual competitive basis if they are in fact the equal to that
specified and will accomplish the purpose intended. The City reserves the right to be the sole judge as to whether or
not a different process, type of equipment or kind of material offered is in
fact equal to that specified.
23.LICENSE OR ROYALTY
FEES: Licenses and/or royalty fees for
products or for processes must be paid for directly by the contractor.
24.PERFORMANCE BOND AND
LABOR AND MATERIAL PAYMENT BOND: The
contractor will be required to furnish surety bonds in an amount at least equal
to one hundred percent (100%) each of the total contract price as security for faithful
performance of the contract and payment for all labor and materials. The surety company must be authorized to do
business in the State of New Mexico and must be acceptable to the City of Santa
Fe.
25.ADDENDUM: Each addendum shall be made a part of the
contract documents to the same extent as though contained in the original
documents and itemized listing thereof.
Each bidder shall acknowledge receipt of each addendum in the space
provided on the bid submittal form.
26.COLLUSION: No bidder shall be interested in more than
one bid. Collusion among bidders or the
submission of more than one bid under different names by any firms or
individual shall be cause for rejection of all bids in question without
consideration.
27.QUANTITIES: The quantities set forth in the bid
submittal are estimated quantities on which bids will be compared and which
will be the basis for award of contract.
Payment will be made for the work actually performed.
28.UTILITY INSPECTION: All work done on the existing City owned
utilities shall be inspected by a representative of the City before
backfilling.
29.POWER OF ATTORNEY: Attorneys in fact who sign bonds must attach
certified effective copies of their Power of Attorney to all bonds.
30. PRE-BID CONFERENCE: A pre-bid conference will be held on Monday,
December 17, 2007 at 2:00 p.m. at the City of Santa Fe Community Services
Conference Room, 120 South Federal Loop, Room 326, Santa Fe, New Mexico
87504. The purpose of this conference
will be for the clarification of the project requirements.
31.PROTEST PROCEDURE
Any
bidder, offeror, or contractor who is aggrieved in connection with a procurement
may protest to the City Purchasing Director.
The protest must be in writing and be submitted within fifteen (15) days
after the facts or occurrences.
The
complete procedures and requirements regarding protests and resolution of
protests are available from the Purchasing Office upon request.
32.CONSIDERATION OF BIDS
32.1. Receipt,
Opening and Recording
32.1.1.Bids
received on time will be opened publicly and will be read aloud, and an
abstract of the amounts of the Base Bids and Alternates or Bid Items, if any,
will be made available to the Bidders.
Each Bid shall be open to public inspection.
32.2. Bid
Evaluation and Award
32.2.1.It
is the intent of the City to award a contract to the lowest responsible Bidder,
provided the Bid has been submitted in accordance with the requirements of the
Bidding 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 responsible Bidder. Post-Bid information that may be required of
a Contractor as to qualifications.
32.2.2.If
the Base Bid is within the amount of funds available to finance the
construction contract, contract award will be made to the responsible Bidder
submitting the low Bid; except that, if sufficient funds are available to fund
alternates, the City may award the contract to the responsible Bidder
submitting the low combined Bid within the amount of funds available (Base Bid
plus Bid Alternates). Note that the
listed order of Bid Alternates is not prioritized.
32.2.3.Discrepancies
in the Bid form between words and figures will be resolved in favor of
words. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be
resolved in favor of the correct sum.
32.3. Competitive
Sealed Bids
32.3.1.Contracts
solicited by competitive sealed bids shall require that the bid amount exclude
applicable New Mexico Gross Receipts Taxes or applicable local option taxes, but
that the City shall be required to pay the applicable taxes, including any
increase in the applicable tax which becomes effective after the date the
contract is entered into. The
applicable Gross Receipts Tax shall be computed and shown as a separate amount
on the Bid Submittal and on each request for payment made under the contract.
32.4. Notice
of Award
A
written Notice of Award shall be issued by the City after review and approval
of the Bid and related documents by the Governing Authority, as defined in the
Supplementary Conditions, with reasonable promptness.
32.5. Identical
Bids
32.5.1.When
two or more of the Bids submitted are identical in price and are the low Bid,
the City Purchasing Agent or the City may:
32.5.1.1. Award
pursuant to the multiple source award provisions of the Procurement Code;
32.5.1.2. Award
to a resident business if the identical low Bids are submitted by a resident
business and a non-resident business;
32.5.1.3. Award
to a resident manufacturer if the identical low Bids are submitted by a
resident manufacturer and a non-resident manufacturer;
32.5.1.4. Award
by letter to one of the identical low Bidders;
32.5.1.5. Reject
all Bids and re-solicit Bids or proposals for the required services,
construction, or items of tangible personal property.
32.6. Cancellation
of Award
32.6.1.When
in the best interest of the public, the City may cancel the award of any
contract at any time before the execution of said contract by all parties
without any liability against the City.
33.POST-BID INFORMATION
33.1. Return
of Bid Security
All
Bid Security in the form of checks, except those of the two lowest Bidders,
will be returned immediately following the opening and checking of the
Bids. The retained Bid Security of the
unsuccessful of the two lowest Bidders, if in the form of a check, will be
returned within fifteen (15) days following the award of contract. The retained Bid Security of the Successful
Bidder, if in the form of a check, will be returned after a satisfactory
contract bond has been furnished and the contract has been executed. Bid Securities in the form of Bid Bonds will
be returned only upon the request of the unsuccessful Bidder, but will be
released by the City Purchasing Agent after the Notice of Award is sent by the
City.
33.2. Notice
to Proceed
The
City will issue a written Notice to Proceed to the Contractor stipulating the
date from which Contract time will be charged and the date Contract Time is to
expire, subject to valid modifications of the Contract authorized by Change
Order.
33.3. Failure
to Execute Contract
Failure
to return the signed Contract with acceptable Contract Bonds and Certificate of
Insurance within ten (10) calendar days after the date of the Notice of Award
shall be just cause for the cancellation of the award and the forfeiture of the
bid security, which shall become damages sustained. Award may then be made to the next lowest responsible Bidder, or
the work may be re-advertised and constructed under contract or otherwise, as
the Owner may decide.
33.4. Contractor's
Qualification Statement
Bidder to whom award of a Contract is under consideration shall submit,
upon request, information and data to prove that their financial resources,
production or service facilities, personnel, and service reputation and
experience are adequate to make satisfactory delivery of the services,
construction, or items of personal property described in the Bidding Documents
and form of Statement of Bidder's Qualifications.
33.5. Contract
Bonds Requirements
33.5.1.The
Successful Bidder, where the Contract Price exceeds five hundred dollars
($500), shall post a one hundred percent (100%) Performance Bond and one
hundred percent (100%) Labor and Material Payment Bond. Bonds shall be executed on Performance Bond
and Labor and Material Payment Bond forms attached hereto, with amount payable
confirming to the terms of the Contract.
Surety shall be a company licensed to do business in the State of New
Mexico and acceptable to the Owner.
33.6. Insurance
Requirements
33.6.1.The
Contractor shall carry insurance to protect the City of Santa Fe from and
against all claims, demands, actions, judgments, costs, expenses and
liabilities which may arise or result directly or indirectly from or by reasons
of loss, injury or damage related to the Project. The Contractor shall file with the City of Santa Fe current
certificates evidencing public liability insurance with limits as provided in
the New Mexico Tort Claims Act, Section 41-4-19 NMSA 1978, and as that section
or successors section may be amended from time to time. The contractor shall also carry such insurance
as it deems necessary to protect it from all claims under any workmen's
compensation law in effect that may be applicable to the Contractor. All insurance required by this Agreement
shall be kept and remain in full force and effect for the entire life of this
Agreement.
33.6.2.The
insurance coverage shall include worker's compensation, employers liability,
comprehensive general liability (Premises-Operations, independent contractors,
products and completed operations, broad form property damage, contractual
liability, explosion and collapse hazard, underground Hazard, personal injury)
comprehensive automobile liability (owned and hired), excess liability
(umbrella form), and all-risk builder's risk.
33.6.3.All
insurance coverage must be maintained for the entire life of the Project. Products and completed operations coverage
shall be maintained for a minimum period of one (1) year after final payment.
33.6.4.A
valid certificate of insurance must be submitted to the Owner prior to issuance
of a Notice-to-Proceed.
34.MINIMUM WAGE RATES
34.1. Any
Contract entered into in excess of twenty thousand dollars ($20,000) for
construction, alteration, demolition, or repair, or any combination of these,
including painting and decorating of public buildings or public works, is
subject to the minimum wage rate determination issued by the Office of the
Labor Commissioner for this Project.
Federal Funded Contracts in excess of $2,000.00 are subject to Federal
Labor Standards Requirements of Davis Bacon Act.
34.2. Contractor
must comply with the City of Santa Fe minimum wage ordinance (Section
D.2).
34.3. The
bidder shall ensure that, in submitting his/her Bid, the minimum wage rate
de
