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BID 10-11-17 Road and Construction Materials & Services Contract TOT:tt 02/14/11

TOWN OF TAOS

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR THE

PUBLIC WORKS DEPARTMENT (STREET DIVISION)

ROAD & CONSTRUCTION MATERIALS & SERVICES CONTRACT

BID # 10-11-17

BID OPENING Date:, March 7, 2011

Time: 2:00 PM Local Time

MAYOR Darren M. Cordova

COUNCIL MEMBERS

Rudy C. Abeyta A. Eugene Sanchez

Amy J. Quintana Michael A. Silva

TOWN MANAGER Daniel R. Miera

Bid 10-11-17 Road and Construction Materials & Services Contract TOT:tt 02/14/11

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ROAD & CONSTRUCTION MATERIALS & SERVICES BID NUMBER

TABLE OF CONTENTS

Section Item

I. legal Notice – Advertisement for Bid II. Invitation For Bids and Instructions to Bidders

III. Specifications

IV. Bid Proposal Schedule of Quantities and Pricing V. Campaign Contribution Disclosure Form

Master Block-to-Block Contract Document Template

VI. Supplements (Attached separately Drawing A Light Pole Base Drawing B Speed Bump Plan Drawing C Wall, Section & Plan


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BID NUMBER 10-11-17 ______________

SECTION I

Legal Notice-Advertisement for Bid


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LEGAL NOTICE Notice is hereby given that the Town of Taos, New Mexico calls for Sealed Bids for:

BID # 10-11-17 Road and Construction Materials & Services Contracts

The Town of Taos is soliciting bids for indefinite quantities of various types of construction and construction materials at fixed prices for road projects and other public projects. Pursuant to this procurement, the Town expects to make awards to multiple bidders for such construction and materials.

Interested parties may secure a copy of the request for bids, including all specifications and any amendments or updates from:

Tina Torres, Procurement Officer Town of Taos 400 Camino de la Placita Taos, NM 87571 (575) 751-2025

Or at www.taosgov.com. Please contact the Purchasing Office @ (575) 751-2025 to be included in the list to receive any amendments to this request that may be issued. The Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil and misdemeanor criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kick-backs. Sealed bids must be received by the Town of Taos Procurement Officer, at the Purchasing Office, Taos Town Hall Room 202, 400 Camino de la Placita, Taos, New Mexico 87571 no later than

2:00 P.M. Local Time, March 7, 2011 at which time the Bids will be opened and read aloud

in Room 109. As per NMSA 1978, Sections 13-1-131 and 13-1-132, the Town of Taos reserves the right to cancel this procurement or reject any/all bid proposals if it is in the best interest of the Town to do so, and to waive all technical irregularities in the form of a bid not involving price, quality or quantity of materials or work. By Order of the Governing Body Town of Taos /s/Tina Torres, Procurement Officer (575) 751-2025 Published: February 24, 2011 Taos News [email protected]


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BID NUMBER 10-11-17 ______________

SECTION II

INVITATION FOR BIDS AND INSTRUCTIONS TO BIDDERS

BID 10-11-17 Road and Construction Materials & Services Contract TOT:tt 02/14/11

INVITATION FOR BIDS

TOWN OF TAOS Bid NO. 10-11-17 PROJECT NAME: ROAD & CONSTRUCTION MATERIALS & SERVICES OVERVIEW

The Town of Taos in this Invitation For Bids (“IFB”) solicits bids for indefinite quantities at fixed prices for the specific categories of construction services and construction materials for road projects and other projects listed in Section IV, below, sometimes referred to as “Block-to-Block” construction. The purpose of this solicitation is to assure the Town of Taos ready and efficient availability of construction and construction materials on an as-needed basis at competitively determined, fixed unit prices. This solicitation covers only relatively small projects (those valued at $60,000 or less exclusive of gross receipts tax (GRT)). This procurement does not cover projects valued at more than $60,000 exclusive of GRT. Separate invitations for bid (IFBs) will be issued for such relatively large projects. 1.0 DEFINITIONS OF TERMS 1.1 Terms used in these Bidding Documents have the following meanings:

A. ADDENDUM: A written or graphic document issued prior to the opening of Bids which clarifies, corrects, or changes the Bidding Documents or Contract Documents. (Plural: addenda). B. BID: The offer of the bidder submitted on the prescribed form setting forth the prices for the work to be performed in conformance with the Bidding Documents. C. BIDDER: One who submits a Bid to the Owner. D. BIDDING DOCUMENTS: All documents setting forth Bidding Requirements and the Contract Documents set forth in this bid and specifications book, including the template Master Block-to-Block Contract Document and the template Task Order included herein; also any Addenda to the Bidding Documents issued by the Town’s Procurement Officer. E. BID FORM: The form supplied in Part IV of these Bidding Documents, on which each bidder shall include the bid prices for all items on which he wishes to bid and which the Bidder shall sign and submit along with all other necessary submissions. Oral, telephonic, and telegraphic bids are invalid and will not be considered. F. BIDDING REQUIREMENTS: All requirements set forth in Notice of Invitation for Bids, these Bidding Documents, Prebid Information, the Bid Form, and Supplements to the Bid Form, and any Addenda issued by the Town. G. CONTRACT or CONTRACT DOCUMENTS: Executed Master Block-to-Block Contract Document between the Owner and a Contractor plus an executed Task Order for construction materials and/or construction services covered by this Invitation for Bids. Incorporated into the terms of such Contracts and Contract Documents are the terms and conditions set forth in the Bidding Documents including all specifications and supplements, and any Addenda thereto, as well as the Contractor’s Bid. H. INVITATION FOR BIDS: All documents including those attached or incorporated by reference or utilized for soliciting sealed bids. I. OWNER: The Town of Taos. J. PROJECT: Any construction project for which the Town chooses to use contracts entered into pursuant to this procurement. K. RESPONSIBLE BIDDER: A Bidder who is properly licensed in accordance with the Construction Industries Licensing Act and submits a Responsive Bid and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation, and experience are


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adequate to make satisfactory delivery of the services, construction, or items of tangible personal property described in the Invitation for Bid. L. RESPONSIVE BID: A bid which conforms in all material respects to the requirements set forth in the Invitation for Bids.

2.0 EXAMINATION OF BIDDING DOCUMENTS; ACCEPTANCE OF TERMS 2.1 Before submitting a Bid, each Bidder must:

A. Examine the Bidding Documents thoroughly; B. Familiarize himself with Federal, State, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work or materials bid on; and C. Study and carefully correlate the Bidder's observations with the Bidding Documents.

2.2 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Section and that the Bidding Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work and supplying of materials on which the Bidder chooses to bid. The submission of a bid will also constitute an incontrovertible representation by the Bidder that he accepts all terms and conditions of the bid, including but not limited to those set forth in the template Master Block-to-Block Contract Document provided with these Contract Documents. If a bidder has any objections to any such terms and conditions, he must state them in writing to the Town’s Procurement Officer to be received no later than seven (7) days before bid opening. However, no such terms and conditions will be considered changed in any way unless the Procurement Officer issues an Addendum effectuating such change. 3.0 BIDDING DOCUMENTS 3.1 COPIES OF BIDDING DOCUMENTS 3.1.1 Complete sets of the Bidding Documents may be obtained from the Town of Taos Procurement Officer. If a deposit is required, the deposit will be refunded to Bidders who submit a bona-fide bid and return the bidding Documents in good and complete condition within fifteen (15) calendar days after opening of Bids. 3.1.2 Complete sets of Bidding Documents shall be used in preparing bids; the Owner does not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 3.1.3 The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.2 INTERPRETATIONS 3.2.1 All questions about the meaning or intent of the Bidding Documents shall be submitted to the Owner’s Procurement Officer in writing. Any replies deemed appropriate will be issued by Addenda mailed or delivered to all parties recorded by the Procurement Officer as having received the Bidding Documents. Questions received less than seven (7) days prior to the date for opening of Bids may not be answered. Only answers to questions provided in the form of formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 3.2.2 Bidders and Subcontractors shall promptly notify the Design Professional of any ambiguity, inconsistency, or error which they may discover upon examination of the Bidding Documents. 3.3 SUBSTITUTE MATERIAL AND CONSTRUCTION


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The contract, if awarded, will be on the basis of material and construction described in the Specifications (including where applicable the supplement drawings) without consideration of possible substitute or "or-equal" items. 3.4 ADDENDA 3.4.1 Addenda will be mailed or delivered to all who are known by the Design Professional or the Owner’s Procurement Officer to have received a complete set of Bidding Documents. 3.4.2 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. 3.4.3 Addenda will be issued no later than four (4) days prior to the date for receipt of Bids, except an addendum withdrawing the invitation for bids or one which includes postponement of the date for receipt of Bids. 4.0 BIDDING PROCEDURES AND REQUIREMENTS

4.1 BIDDING REQUIREMENTS IN GENERAL. Bidders must meet all specifications stated in the Bid Documents. No exclusions, additions to or deletions from the specifications shall be considered unless specified in the bid documents including any amendments to the bid documents. No conditional or unqualified Bid’s shall be accepted. A bidder must bid on one or more of the items of construction or construction materials listed in Parts III and IV. To be considered for an award, a bidder must be a responsible bidder and must submit a responsive bid, as those terms are defined in the Procurement Code (13-1-82 and 13-1-84 NMSA 1978).

4.2 FORM AND STYLE OF BIDS 4.2.1 Bids shall be submitted on forms identical to the Bid Form included with the Bidding Documents (Part IV). 4.2.2 All blanks on the Bid Form shall be filled in by computer, typewriter or printed manually in ink. 4.2.3 Where so indicated by the Bid Form, sums shall be expressed in both words and figures, and, in case of discrepancy between the two, the amount written in words shall govern. 4.2.4 Any interlineations, alteration, or erasure must be initialed by the signer of the bid. 4.2.5 Each copy of the bid shall include the complete name of the Bidder and a statement that the Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the State of Incorporation and have the applicable New Mexico Certificate of Incorporation number or Certificate of Authority number. The Bid shall include the current contractor's license number and type, and the current Contractor's preference number. A bid submitted by an agent shall have a current Power of Attorney attached certifying the agent's authority to bind the Bidder. 4.2.7 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form). 4.2.8 The address to which communications regarding the Bid are to be directed must be shown. 4.2.9 The Project Name and Number, as well as the Invitation for Bids Number, shall be clearly shown on the outside of the envelope in which the sealed Bid is submitted.


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4.3 BID SECURITY (Inapplicable due to the fact that bids do not include any particular bid amount, and actual amounts supplied may vary greatly.) 4.4 PRE-BID CONFERENCE None to be held. 4.5 SUBCONTRACTORS No subcontractors will be permitted by contractors selected pursuant to this IFB. 4.6 GUARANTEE OF QUALITY OF MATERIALS. By submitting a bid, a contractor guarantees that any materials that are supplied shall be duly certified in accordance with the latest edition of the applicable New Mexico Department of Transportation specifications. 4.7 BIDDING PROCEDURES: 4.7.1 Sealed Competitive Bids, copy of CID License(s) (if applicable) and all other required forms including executed Campaign Contribution Disclosure Form;, must be received by the Procurement Officer Tina Torres, Town of Taos Purchasing Office, 400 Camino de la Placita no later than 2:00 PM local time March 7, 2011. Bid opening will be held at Town Hall conference room 109 immediately following the bid due date deadline. Any bid received after this time will be returned unopened. 4.7.2 Each bid shall be submitted in a sealed envelope with a Project /Bid number, and the name and address of the bidder plainly marked on the outside of the envelope. 4.7.3 The Bid Form is included with the Bidding Documents. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item listed therein. In the case of no bid for any listed item, please write “No Bid,” on the Bid Form. 4.7.4 The Bidder shall assume full responsibility for timely delivery of bids to the Owner, including those Bids submitted by mail or otherwise. Bids hand delivered to the Bid Opening Address shall be received beginning one hour prior to the bid. Bids will be clocked in at the time received, which must be prior to the time specified deadline. Bids will then be held for public opening. 4.7.5 Oral, telephonic, fax or e-mail, bids are invalid and will not receive consideration. 4.7.6 Prior to submitting a bid, the Bidder must carry all licenses required under New Mexico state law for performance of any construction work, Refer to Title 14 Housing and Construction for the New Mexico Administrative Code (NMAC), Chapter 6, Part 6, for a listing of classifications of licenses and certificates issued by the Construction Industries Division (CID) of the New Mexico Regulation and Licensing Department required by law to perform the work. 4.7.7 Upon submitting a Bid, the Bidder represents to the Owner that the Bidder: A. is financially solvent, able to pay debts, and has sufficient working capital to complete the Work; B. is able to furnish the plant, tools, materials, supplies, equipment, skilled labor and sufficient experience and competence required to complete the Work equal to or exceeding industry standards;


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C. is duly authorized to execute the Bid and Contract Documents and to perform the requirements thereof. 4.8 UNBALANCED BIDS: Any apparent unbalancing of bids through the use of unrealistically or unreasonably low bids may be cause for rejection of the bid. 4.9 INTERPRETATION OF DOCUMENTS:

If a person submitting a Bid Proposal is in doubt as to the true meaning of any part of the specifications, or finds discrepancies in or omissions from the specifications, he/she may submit to the Town of Taos, a written request for an interpretation or correction thereof. The person submitting such a request shall be responsible for its prompt delivery.

Any interpretation or correction to the bid documents will be made only by an Addendum duly issued, and a copy of the Addendum will be mailed or delivered to each individual receiving a set of the Bid documents. The Town of Taos will not be responsible for any explanation or interpretation of the Bid Documents

Any questions or clarifications regarding this bid may be directed to:

Francisco “ French” Espinoza, Director of Public Works 575-751-2047 or Tina Torres, Procurement Officer, (575) 751-2025 4.10 BASIS OF BID: Unit Price: Bidders shall submit a Bid on a unit price basis for one or more items of construction materials or construction services listed in the bid schedule (Part IV) and described in the Specifications (Part III). If no bid is submitted for an item, please write in ink “NO BID”. Do not include GRT in the unit price. Bid award(s) shall be based on the lowest qualified base bid for each item, which meets all standards and specifications on the Bid Documents and is submitted by a responsible bidder.

4.11 MODIFICATION AND WITHDRAWAL OF BID A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. If within 24 hours after bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that bidder may be permitted to withdraw its Bid. Thereafter, if the items subject to this procurement are rebid, that bidder will be disqualified from further bidding of the Work. 4.12 OPENING OF BIDS Bids will be opened at the time and place indicated in the Legal Notice and the Invitation for Bid and read aloud publicly. An abstract of the amounts of the base Bids will be made available to Bidders after the opening of Bids.


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Following the bid opening, bids will be evaluated for such items as accuracy, completeness and resident builder’s preference. Bidders shall furnish such information, data, and documents to the Town of Taos as required, and the Town may conduct such inquiry as it deems appropriate into the bidder’s qualifications prior to contract award. A conditional or qualified bid will not be accepted. The Town reserves the right to reject any or all bids if it is in the best interest of the Town of Taos. All bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid prior to the end of this period. 5.0 EVALUATION OF BIDS, AWARD, and CONTRACTING 5.1 All conditions and stipulations regarding “Competitive sealed bids; receipt and acceptance of bids”, included in the Procurement Code of the State of New Mexico shall apply. (NMSA 1978 13-1-105). 5.2 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the bid of any bidder whom it finds, after reasonable inquiry and evaluation, not to be responsible. Owner may also reject the Bid of any bidder if Owner reasonably believes that it would not be in the best interest of the Town to make and award to that Bidder. Owner also reserves the right to waive all technical irregularities not involving price, quality or quantity of materials or construction. 5.3 More than one Bid for the same types of materials or construction from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more that one bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that bidder has an interest. 5.4 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed specifications, requirements, unit prices and other data, as requested in the Bidding Documents, the Bid Form or provided by Addenda prior to bid opening. 5.5 Before making an award, the Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, to perform the Work in accordance with the Contract Documents. 5.6 All requirements and conditions included in the Procurement Code of the State of New Mexico (NMSA 1978 13-1-172 through 13-1-176) regarding procedures related to protests in connection with the solicitation or award of the contract shall apply. 5.7 The Town of Taos has found, and the Procurement Officer has determined, that multiple source awards are necessary and appropriate pursuant to this procurement in order to avoid significant sacrifice of economy and services to the Town and its residents and businesses. Failure to permit multiple source awards under this procurement would likely result in substantial delay in the availability of construction services or materials because a single contractor sometimes would be unable to provide one or more of the categories of construction services and materials set forth in Section IV and needed by the Town on a timely basis, if at all. Therefore, having several available sources of such services and materials, at fixed prices based upon the lowest responsible bid, is essential to the Town’s ability to complete projects to be undertaken pursuant to this procurement in an efficient, economical and service-sufficient manner. Accordingly, all responsible bidders who have submitted bids for one or more types of construction or construction materials, and who have thereafter entered into a “Master Block-to-Block Contract Document” with the Town in approximately the form provided as part of these bid documents, will be considered sources for those items of construction or construction materials on which they have bid.


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5.8 Following the opening of bids and selection of the lowest responsible bidder for each type of construction and construction materials listed in Parts III and IV below, the Town and each selected responsible bidder shall enter into a “Master Block-to-Block Contract Document.” (See form for such Contract Document in these bid documents.)

5.9 Before any work is performed or any deliveries made, the Town shall issue, and the Town and vendor shall sign, a Task Order directing the vendor to provide particular quantities of construction services or construction materials giving the location, the time required, and any other relevant details. A single task order may direct the vendor to supply more than one type of construction or construction material for which it submitted a responsive bid to be used on a particular project. A contract between the Town and a vendor for purposes of this procurement shall consist of a Master Block-to-Block Contract Document plus a Task Order. No task order or related set of task orders directed to a vendor for work and/or materials on a project shall exceed $60,000, and no project to be performed under this procurement shall exceed $60,000. The Owner and Contractors shall not artificially multiply or subdivide projects, tasks, or task orders in such a way as to avoid application of the New Mexico Public Works Minimum Wage Act (13-4-10 through 13-4-17 NMSA 1978). The Town of Taos shall comply with that Act by issuing separate IFBs for any contract (as defined in this paragraph) or any project that will exceed $60,000. This IFB shall not be used for any such contract or project.

5.10 In the event that, contrary to the Parties’ intent, any contract, as defined in the previous paragraph, or any project undertaken pursuant to this procurement should exceed $60,000, then any contractor working under such a contract or working on such a project shall, obtain a Public Works Minimum Wage Act registration from the Department of Workforce Solutions, Labor Relations Division, Public Works Bureau to provide assurance of compliance with the Public Works Minimum Wage Act and the wage and benefit rates for that contract or project shall be ordered from the Department of Workforce Solutions for that contract or project and all provisions of the Public Works Minimum Wage Act (13-4-10 NMSA and the following sections) shall be followed.

5.11 A task order shall be issued first to the lowest responsible bidder for all types of construction or construction materials needed for a particular project. In the event the low bidder is unable within 24 hours to commit to providing the construction services and/or materials requested within the time required by the task order, the Town may choose to purchase from the second low bidder and issue a task order to that company instead, and so on as may be necessary to avoid undue delay to Town of Taos projects or poor service to the Town’s residents and businesses.

5.12. Prior to finalization of a task order greater than $25,000.00 a contractor must provide a performance bond and a payment bond each equal to 100% of the total task order. (13-4-18.A NMSA.) Said bonds must be provided to the Town of Taos within ten (10) calendar days after issuance of a task order by the Town Public Works Department. The performance and payment bonds are to secure the Town for losses and damages sustained due to default by the contractor. 5.13 As per Sections 13-1-131 and 13-1-132 NMSA 1978, the Town of Taos reserves the right to cancel this procurement or reject any or all bids if it is in the best interest of the Town to do so, and to waive all technical irregularities in a bid not involving price, quantity or quality of work or materials. 6.0 TERM OF CONTRACT DOCUMENTS; SUBJECT TO APPROPRIATIONS The initial term of each Master Block-to-Block Contract Document entered into pursuant to this Invitation for Bids shall be until December 31, 2012, subject to appropriations and availability of funds for each fiscal year involved. Town of Taos reserves the option to renew each such General Terms Block-to-Block Contract Document for two additional one-year year terms upon mutual agreement of the Town and the Contractor and contingent upon the appropriation and availability of funds for each year. The total length of any Master Block-to -Block Contract


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Document including any extensions will not exceed 48 months (or 4 years) from its original date. The Town shall be the sole and final judge of the existence of sufficient appropriations and the availability of funds, as well as legal authority to perform under this contract, and if the Town should determine that there are insufficient appropriations, availability of funds or legal authority, then the Town may terminate any contract or contract document under this procurement immediately, subject to its obligation to pay for satisfactory work already performed or satisfactory materials already supplied. 7.0 MISCELLANEOUS

7.1 EQUAL EMPLOYMENT OPPORTUNITY

The Contractor and his subcontractors shall not discriminate against any employee or applicant for employment, to be employed in the performance of such contract, with respect to his hire, tenure, terms, conditions, or privileges of employment, because of his race, color, gender, religion, sexual preference, national origin, age, disability or ancestry. Breach of this covenant may be regarded as a material breach of the contract. The Contractor and his subcontractors shall comply with the Federal Civil Rights Act of 1964 and Title 7 of that Act as amended; the Americans with Disabilities Act, the Age Discrimination in Employment Act and all other applicable equal opportunity and civil rights laws.

7.2 Compliance with Prompt Payment Act. The Owner and all contractors shall abide by the requirements of the New Mexico Prompt Payment Act, as set forth in the attached sample Master Block-to-Block Contract Document. 7.3 NMSA 1978 13-1-165 Brand-Name Specification: use A brand-name specification may be used only when a central purchasing office makes a determination that only the identified brand-name item or items will satisfy the needs of the local public body. 7.4 PENALTIES FOR VIOLATIONS OF LAW. The Procurement Code, Section 13-1-28 through 1-1-199 NMSA 1978 imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks. 7.5 ROAD CONSTRUCTION STANDARDS. All road and bridge construction projects undertaken pursuant to this procurement shall be constructed in accordance with the New Mexico State Highway and Transportation Department’s most recent addition of their Standard Specifications for Highway and Bridge Construction.


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BID NUMBER 10-11-17 ________________

SECTION III

SPECIFICATIONS


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Town of Taos

Specification

For Bid # 10-11-17 ROAD CONSTRUCTION MATERIALS

AND SERVICES

1. HOT MIX ASPHALT (HMA): Aggregate shall be classification Type SP-III or SP-IV as set forth in Section 423 NMDOT 2007 Standard Specifications for Highway and Bridge construction. Aggregate, meeting these specifications from a NMDOT approved pit used with an approved NMDOT design mix will require no testing. A contractor wishing to use material from other sources will submit aggregate samples as required to an approved testing lab for testing and recommended design mix. This testing and design is at the Contractor’s expense. Asphalt cement shall be PG 64-28, content will be determined by design mix. Materials shall be governed by the requirements of Section 423, Hot Mix asphalt (HMA), NMDOT 2007 Standard Specifications for Highway and Bridge Construction. Final responsibilities of design mix are subject to Town’s approval. 2. PLASTER SAND: 1/8” minus, Plaster or Mason’s sand suitable for mason work. Graded in accordance with ASTMC-144. 3. CONCRETE: A.) All concrete shall be Class “A”, 3000 PSI, and six sacks per yard mix. • Minimum size of aggregate shall not exceed one and one half inches. • All Concrete shall have entraining agent added. Air entraining as mixtures for concrete shall

conform to ASTMC-260-60. The air content shall be between 3 and 6 percent volume. • All other concrete requirements shall be in conformance with the NMSHD Standard

Specifications for Roads and Bridge Constructions 2007 Edition.

B.) Grout C.) Flowable Fill

4. BASE COURSE: Aggregate requirements shall be in conformance with the NMSHTD Standard Specifications, SECTION 304, 2006 Edition, Base Course Gradation. (Attachment of the State Certified Materials for this item will be required.) 5. AGGREGATE ¾” – 1: Shall be as set forth in Table 304 Base Course & Sub-base Gradation. Type I-B sieves size 1” and as described in SECTION 303 Select Aggregate material. As set forth in the NMSHTD Standard Specifications 2007 Edition. 6. CONCRETE (IN-PLACE): Shall be as set forth in Sections 509-511 of the NMDOT 2007 Standard Specifications for Highway and Bridge construction.

a) Type “B” curb and gutter, @ 3000 psi b) Roll over curb @ 3000 psi c) 4” Sidewalk @ 3000 psi d) 6” Drive-pad @ 4000 psi e) 6” x needed width Valley gutter @ 4000 psi f) 4” Concrete slab @ 4000 psi g) 6” concrete slab @ 4000 psi


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All above items shall include subgrade preparation; placement & backfill as needed or required. All concrete shall be a Class “A” for 3000 psi and Class “AA” for 4000 psi both shall have entraining agent added, conforming to ASTM C-260 with an air content between 3 & 6 percent by volume. 7. CONCRETE (REMOVAL & PLACEMENT):

a) Curb & gutter (removal) b) Curb & gutter (removal & placement) c) Sidewalk (removal) d) Sidewalk (removal & placement) e) Rollover curb & gutter (removal) f) Rollover curb & gutter (removal & placement g) Inlet Structures h) Valley gutter (removal) i) Valley gutter (removal & placement)

Items for concrete removal & placement shall be bid in accordance with the Concrete In-Place Specification mentioned in Item No. 9. 8. ASPHALT (IN-PLACE):

a) Pothole Repair: Shall include removal of existing spoil and any wet or contaminated material. A tack coat shall be applied to saw cut surfaces. 3” base course shall be added and compacted to 95% density in addition 6” of PMBP shall be placed & rolled to existing elevation. (All necessary pavement cuts shall be the sole responsibility of the successful bidder.)

b) Streets: Will include subgrade preparation to include shaping & compaction to a minimum 95% density standard proctor & removal of any spoil material as a result of the preparation. 6” of base course will be placed & compacted to a 95% density standard proctor with 3” of PMBP to follow.

c) Street Overlay: Shall include any needed preparation such as cleaning or pothole repair. A 2” matte or a 1” matte will be placed in accordance with the NMSHTD.

d) Parking Lots: Will include any subgrade preparation needed, disposal of spoil material, 6” of base course & 3” of PMBP with .150 gallons of prime coat.

e) Parking Lot Overlay: Shall include complete site preparation i.e. cleaning, sweeping a 1”or 2” matte will be placed in accordance with the NMSHTD Yellow Book 1994 Edition.

f) Speed Humps: Shall be 12’ in width, 4” in height (down the center of the speed hump) with a 12” taper from the curb lip. (Ref. To Attachment ‘A’)

9. OTHERS:

a) Crusher Fines b) Natural Fines

10. METHOD OF DELIVERY: All materials sold by weight shall be weighed on certified scales, which are the responsibility of the materials provider.

a) Materials picked up by the Town of Taos staff – the Town of Taos may at its own discretion pick up materials at the supplier’s place of business within 6 miles from the project location within the Town limits or Town owned properties, i.e. Taos Airport, Treatment Plant, etc.

b) Materials delivered by bidder – the successful bidder will deliver materials to the Town of Taos Public Works Yard or other project locations within the Town limits or Town owned properties, i.e. Taos Airport, Treatment Plant, etc.


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11. TIME LIMITATIONS: Successful bidders will be held responsible for any material or work performance needed or requested by the Town of Taos for a period of one (1) year from the date such materials or work are accepted by the appropriate Town of Taos personnel. The contractor or successful bidder will be responsible to perform any work needed under this contract and or supply any materials also under this contract; all work will be done in accordance with the New Mexico Standard Specifications for Public Works Construction 2006 Edition or latest revision and the Standard Specs for Highway & Bridge Construction 2007 Edition (orange book). All work will be guaranteed for one (1) full year after acceptance by the appropriate Town of Taos personnel. In the event that the low bidder is unable to provide the goods and/or services (production) specified in this bid within a forty-eight (48) hour period of notification, the Town of Taos reserves the right to purchase the goods and/or services specified in this bid from the next lowest bidder and so on. All items on this bid will be awarded individually to the lowest bidder on each item. An authorized representative of the bidder must sign all bids. The following pertinent information will be required.

a. Base amount of bid exclusive of applicable gross receipt tax b. NM Tax I.D. Number c. Federal Tax I.D. Number d. Address e. Telephone number & contact person f. Applicable licensing

The Contractor shall be responsible for the removal of all and any spoil material generated by the job. Any request by the Town of Taos for spoil material shall be hauled by the contractor to the Town Yard. GENERAL REQUIREMENTS FOR ALL BIDS:

A. All bids submitted must use the bid form supplied in Section IV and must have a per unit price for each item bid.

B. Bidders must provide proof of properly licensing, bonding and insurance.

C. Successful bidders with whom the Town contracts will be required to warrant all materials and workmanship resulting from this bid for a period of one (1) year after construction or installation pursuant to a task order.

GENERAL REQUIREMENTS FOR CONSTRUCTION: A. It shall be the CONTRACTOR’S responsibility to follow all safety requirements of the Town of Taos (i.e., barricades, signs, cones, hard hats, safety vest and all other applicable requirements).

B. Street cut permits on any state, county, or Town owned right-of-ways will be required for excavation and shall be the sole responsibility of the CONTRACTOR.

C. Public notification of any street or lane closures will be the responsibility of the CONTRACTOR twenty-four (24) hours prior to commencement of excavation. House to


17

house, notification will be required on any dead end streets or where ingress and egress will be impaired. D. All work shall be inspected upon request by the CONTRACTOR and accepted by the Public Works Director prior to payment being made.

E. The Contractor shall be responsible for the removal of all and any spoil material generated by the job. In the event of a request by the Town of Taos for spoil material, the material shall be hauled by the contractor to the Town Yard or other Town-designated location. GENERAL REQUIREMENTS FOR ALL CONTRACTORS Each contractor will be responsible to perform any work and/or supply any materials ordered by the Town under the contractor’s contract or contracts with the Town, and all work will be done in accordance to the Town of Taos Public Works Standard Manual April 1999 Edition or latest revision and the Standard Specs for Highway & Bridge Construction. All items on this bid will be awarded individually to the lowest responsible bidder submitting a responsive bid on each item. In the event that a Contractor with whom the Town has entered into a Master Block-to-Block Contract Document is unable to commit materials and/or construction for construction or materials for which it was the low bidder within a twenty-four (24) hour period of a request for such materials or construction, the Town of Taos may purchase the materials and/or construction from the next lowest bidder for the same types of materials or construction with whom the Town has entered into a Master Block-to-Block Contract Document, based on the low bidder’s price. If such a second low bidder cannot commit to supplying the materials or construction within 24hours after a request directed to it, then the Town may purchase the materials from the third lowest bidder with whom the Town has entered into a Master Block-to-Block Contract document, and so on, in order to assure economy and efficiency of service to the Town and the community. METHOD OF DELIVERY: All materials sold by weight shall be weighed on certified scales, which are the responsibility of the materials provider.

Contractor will deliver materials to the Town of Taos Public Works Yard or other project locations within the Town limits, Town owned properties, e.g. Taos Airport, Treatment Plant, etc., as instructed by the Town.

WARRANTY: Contractors will warrant and be held responsible for any material or work performance provided to the Town of Taos for a period of one (1) year from the date such materials or work are accepted by the appropriate Town of Taos personnel. REQUIRED SIGNATURE, FORMS and INFORMATION: An authorized representative of the bidder must sign all bids. The following information is required as an attachment or part of the bid:

• Completed Campaign Disclosure Form

• Contractor License Number and Classification(s) (include copies of licenses)

• Department of Workforce Solutions, Labor Relations Division Public Works

Bureau Registration #


18

BID NUMBER 10-11-17 _____________________

SECTION IV

BID FORM: SCHEDULE OF QUANTATIES AND PRICING


19

Bid No. Item Description Units Bid Amount

EARTHWORK 1 Subgrade Preparation (1 - 250 SY) SY

Unit Bid Price Written in WORDS: Item Bid Amt. Written in

NUMBERS: $

Dollars and Cents Dollars and Cents

2 Subgrade Preparation (250 - 500 SY) SY


NUMBERS: $


3 Subgrade Preparation (501 + SY) SY


NUMBERS: $


BASE COURSE (IN PLACE)

4 Base Course (1 - 250 SY/IN) SY/IN


NUMBERS: $


5 Base Course (251 - 500 SY/IN) SY/IN


NUMBERS: $


6 Base Course (501 + SY/IN) SY/IN


NUMBERS: $


COLD MILLING

7 Cold Milling (1 - 10,000 SY/IN) SY/IN


NUMBERS: $


8 Cold Milling (10,001 - 50,000 SY/IN) SY/IN


NUMBERS: $


9 Cold Milling (50,001 + SY/IN) SY/IN


NUMBERS: $



20

ASPHALT (INPLACE)

10 Pothole Repair SY/IN


NUMBERS: $


11 Street Paving SY/IN


NUMBERS: $


12 Street Overlay SY/IN


NUMBERS: $


13 Parking Lots SY/IN


NUMBERS: $


14 Parking Lot Overlay SY/IN


NUMBERS: $


15 Speed Humps (Drawing B) EA.


NUMBERS: $


16 Miscellaneous Paving SY/IN


NUMBERS: $


CONCRETE REMOVAL AND PLACEMENT

17 Structural Concrete, Class A CY


NUMBERS: $


18 Reinforced Concrete for Minor Structures

CY


NUMBERS: $



21

19 Flowable Fill CY


NUMBERS: $


20 Removal of Curb and Gutter (1 - 450 LF)

LF


NUMBERS: $


21 Removal of Curb and Gutter (451 - 900 LF)

LF


NUMBERS: $


22 Removal of Curb and Gutter (901 + LF)

LF


NUMBERS: $


23 Removal of Sidewalk (1 - 250 SY) SY


NUMBERS: $


24 Removal of Sidewalk (251 - 500 SY) SY


NUMBERS: $


25 Removal of Sidewalk (501 + SY) SY


NUMBERS: $


26 Concrete Sidewalk 4" (1 - 250 SY) SY


NUMBERS: $


27 Colored Concrete Sidewalk 4" (1-250 SY)

SY


NUMBERS: $



22

28 Concrete Sidewalk 4" (251 - 500 SY) SY


NUMBERS: $


29 Colored Concrete Sidewalk 4" (251 - 500SY)

SY


NUMBERS: $


30 Concrete Sidewalk 4" (501 + SY) SY


NUMBERS: $


31 Colored Concrete Sidewalk 4" (501 + SY)

SY


NUMBERS: $


32 Drive Pad 6" SY


NUMBERS: $


33 Concrete Median Pavement 4" SY


NUMBERS: $


34 Concrete Med Pvmt 4" (colored & patterned)

SY


NUMBERS: $


35 Concrete Mountable Curb & Gutter 6" x 18" (1 - 450 LF)

LF


NUMBERS: $



LF


NUMBERS: $



23

37 Concrete Mountable Curb & Gutter 6" x 18" (901 + LF)

LF


NUMBERS: $



LF


NUMBERS: $



LF


NUMBERS: $


40 Concrete Mountable Curb & Gutter 6" x 24" (901 + LF)

LF


NUMBERS: $


41 Concrete Barrier Curb & Gutter 6 "x 18" (1 - 450 LF)

LF


NUMBERS: $


42 Concrete Barrier Curb & Gutter 6" x 18" (451 - 900 LF)

LF


NUMBERS: $


43 Concrete Barrier Curb & Gutter 6" x 18" (901 + LF)

LF


NUMBERS: $


44 Concrete Barrier Curb 7 Gutter 6" x 24" (1 - 450 LF)

LF


NUMBERS: $


45 Concrete Barrier Curb & Gutter 6" x 24" (451 - 900 LF)

LF


NUMBERS: $



24

46 Concrete Barrier Curb & Gutter 6" x 24" (901 + LF)

LF


NUMBERS: $


47 Concrete Valley Gutter (6" x Variable Width)

SY


NUMBERS: $


Dollars and Cents

48 Concrete Laydown Curb & Gutter 6" x 24" (1 - 450 LF)

LF


NUMBERS: $


49 Concrete Laydown Curb & Gutter 6" x 24" (451 - 900 LF)

LF


NUMBERS: $


50 Concrete Laydown Curb & Gutter 6" x 24" (901 + LF )

LF


NUMBERS: $


MISC. CONSTRUCTION

51 Storm Inlet Type"A" (NMDOT Drawing 2201)

Each


NUMBERS: $


52 Storm Inlet Type "B" (NMDOT Drawing 2203)

Each


NUMBERS: $


53 Modified Storm Inlet (NMDOT Drawing 2237)

Each


NUMBERS: $



25

54 Manhole Adjustments (frame and cover To be considered incidental to the pay item)

Each


NUMBERS: $


55 Manhole Frame and Cover Each


NUMBERS: $


56 Water Valve Adjustment Each


NUMBERS: $


57 3' Tall CMU Wall (Stucco) (Drawing C)

LF.


NUMBERS: $


58 3' Tall CMU Wall (No Stucco) (Drawing C)

LF.


NUMBERS: $


59 4' Tall CMU Wall (Stucco) (Drawing C

LF.


NUMBERS: $


60 4' Tall CMU Wall (No Stucco) (Drawing C)

LF.


NUMBERS: $


61 Light Pole Base(s) (Drawing A) EA.


NUMBERS: $



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Misc. Material

Plant Mix Bituminous Pavement

a. Picked up by Town staff Per Ton $

b. Delivered to Town Yard Per Ton $

Plaster Sand

a. Picked up by Town staff Per Ton $


Concrete

a. Class A 2500 psi CuYd $

b. Grout CuYd $

c. Flowable Fill CuYd $

Base Course

a. Picked up by Town Staff Per Ton $


Aggregate (3/4" - 1")

a. Picked up by Town Staff Per Ton $

b. delivered to Town Yard Per Ton $

BID SUBMITTED BY: (PLEASE TYPE/PRINT CLEARLY)

Name ____________________________________________ By(Signature): ____________________________________________ Doing Business As/Company Name:__________________________________________ Address: ____________________________________________ ____________________________________________


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Phone #________________________ E-Mail address____________________________ NM Contractor License #:____________________________________________ Classification(s) _____________________________________________ NM Department of Workforce Solutions Registration #__________________________


28

BID NUMBER 10-11-17

SECTION V

CAMPAIGN CONTRIBUTION DISCLOSURE FORM MASTER BLOCK-TO-BLOCK CONTRACT

DOCUMENT TEMPLATE


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Attachment 1

I. CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to Chapter 81, Laws of 2006, any prospective contractor seeking to enter into a contract with any state agency or local public body must file this form with the state agency or local public body. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period. THIS FORM MUST BE FILED BY AND PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAD MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. The following definitions apply: “Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal. “Campaign contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to either statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or un-reimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee. “Contract” means any agreement for the procurement of items of tangible personal property, services, professional services or construction “Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law. “Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals. “Person” means any corporation, partnership, individual, joint venture, association or any other private legal entity. “Prospective contractor” means a person who is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person qualifies for a sole source or a small purchase contract.


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

DISCLOSURE OF CONTRIBUTIONS applies to contributions made to the following Public

Officials: DARREN CORDOVA, MAYOR

COUNCIL MEMBERS:

AMY QUINTANA EUGENE (GENE) SANCHEZ

MICHAEL SILVA RUDY C. ABEYTA

Contribution made by: ___________________________________________________ Relation to Prospective Contractor: __________________________________________ Name of Applicable Public Official: _________________________________________ Date Contribution(s) made: ________________________________________________ Amount(s) of Contributions(s) ______________________________________________ Nature of Contributions (s) _________________________________________________ Purpose of Contributions(s) _________________________________________________ __________________________________ ______________________________ Signature Date __________________________________ Title (position)

A. OR NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable official by me, a family member or representative. ___________________________________ _______________________________ Signature Date ___________________________________ Title (Position)


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Contract No. TT- ______

PLEASE NOTE: This is a Generic Model Contract. Actual language of final

contract may differ.

TOWN OF TAOS

MASTER BLOCK-TO-BLOCK CONSTRUCTION

CONTRACT DOCUMENT

This Master Block-to-Block Construction Contract Document (“Contract

Document”) is hereby made and entered into by and between the Town of Taos, a New Mexico Municipality (hereinafter "TOWN") and ____________________________, a contractor licensed to do business in New Mexico, hereinafter "CONTRACTOR") effective on the date signed by the last party to sign entered on the signature page. In accordance with NMSA 13-1-100, because this Contract Document is for major construction, including but not limited to roads, bridges, airports, buildings, dams, and wastewater treatment facilities, this Contract Document shall not become effective until the award and execution are made by, or at the specific direction of, the TOWN’s governing body, the Town Council.

WHEREAS, in conformity with the New Mexico Procurement Code, NMSA 1978, Section 13-1-28 through 13-1-199, the TOWN caused to be issued an Invitation for Bids No. 10-11-17 for a Road and Construction Materials & Services (“Block-to-Block Contract”) and further caused a Notice or Advertisement for Bids for that project to be duly published in conformity with NMSA Section 13-1-104;

WHEREAS the CONTRACTOR timely submitted a responsive bid, and the

TOWN thereafter selected CONTRACTOR as the lowest responsible bidder pursuant to NMSA Section 13-1-108, or a qualified responsible bidder for a multi-source contract pursuant to NMSA Section 13-1-153;

WHEREAS, the TOWN desires to engage CONTRACTOR to provide said

construction services; and

WHEREAS, CONTRACTOR desires to provide such service(s) under the terms and conditions of this contract;


32

THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties that:

1. Scope of Work. CONTRACTOR shall, upon the Town’s request, shall provide construction services and/or construction materials set forth in Attachment A for the low bid price set forth in Attachment A.

2. Contract Documents. This Contract Document incorporates all Contract Documents, including specifications, as defined in the Invitation for Bids for Bid No. 10-11-17 and as listed in Paragraph 12, below.

3. A complete contract between the Town and the Contractor within the meaning of NMSA Sec. 13-4-11 (Public Works Minimum Wage Act) comes into existence only upon the Contractor and the Town issuing and both parties executing a Task Order for work or materials listed in Attachment A for a particular project. The joint execution of each such Task Order results in a new contract between the parties. No Task Order and no construction Project undertaken in connection with this Contract Document shall exceed $60,000 in value. Contracts and projects shall not be artificially divided so as to fall below this $60,000 threshold. In the event that any contract (this Contract Document plus any Task Order), contrary to the parties’ intent, exceeds $60,000, it shall be subject to all provisions of the Public Works Minimum Wage Act.

4. Contractor represents that it is registered with the Department of Workforce Solutions, Labor Relations Division, Public Works Bureau for purposes of complying with the Public Works Minimum Wage Act. Registration No. :__________________________.

5. Address & Phone Contacts for Contractor, Design Professional, and Town.

a. The principal contact person, address (mailing and, if different, physical location) and phone number(s) of CONTRACTOR are: b. The Town’s principal contact person for this project and his or her address and phone number are:

6. Term and Termination. The initial term of this Contract Document will be two

years from its effective date. CONTRACTOR’S obligation to perform work and TOWN’S obligation to pay for work adequately performed under this Contract extend until the work is completed and final payment is made.

7. Task Orders; Substitution of Vendors. When the Town issues a Task Order to Contractor for an item of materials or construction for which Contractor was the lowest responsible bidder, as shown on Attachment A, Contractor shall commit to the Task Order and/or commit to supply the materials or construction called for within 24 hours or such longer period as the Town may request. In the event the Contractor is unable to supply the materials or construction within such time, the Town may purchase such materials from the second lowest responsible bidder, as also shown on Attachment A. In the event that company is unable to supply the materials or construction within 24 hours of its receipt of the Town’s request, the


33

Town may purchase the materials or construction from the third lowest responsible bidder, and so forth. The purpose of this provision is to assure the Town and its residents and businesses effective economy and service.

8. Change Orders and Amendments: An express change order or amendment shall

be a simple direction by the TOWN to perform additional work, to remove work from the scope of work, or extend or shorten the time for completion of contract work. A change order or amendment will state a specific quantity if the change requires additional work or materials; and a specific date if the change extends or shortens the time for completion. No claims for concealed or unknown conditions, impact fees or costs, any additional fees or costs, additional services, or any other fee or cost incurred by CONTRACTOR, nor any cost or fee associated with any delay or extension of the contract herein will be assessed against the TOWN unless provided in this Contract Document or in a change order and approved by the TOWN. CONTRACTOR shall follow all procedures required herein or in the Contract Documents for the execution of a valid change order.

9. Compensation. The TOWN shall pay CONTRACTOR, under this Contract

Document and any Task Order, the per unit amount bid by the lowest responsible bidder for a particular category of construction materials or construction plus required Gross Receipt Tax.. Gross Receipts tax shall be billed at the applicable rate. Payment under this Contract is subject to the “Invoices and Payment” provisions of Paragraph 10 below and contingent upon the Appropriations and Authorization provisions of Paragraph 10.

10. Invoices, Payment. CONTRACTOR must submit a detailed monthly or other

interval statement (invoice) requesting payment for services preformed and materials supplied during the period billed for. An invoice may request payment only for construction services already supplied or materials already purchased. If the TOWN finds that an invoice, construction or materials are not acceptable, then within twenty-one days after the date of receipt of the written statement from the CONTRACTOR requesting payment, it shall provide the CONTRACTOR a letter of exception explaining the defect or objection and outlining steps the CONTRACTOR must take to provide remedied action. The Town shall pay any amount amount billed and not disputed by the Town certified no later than twenty-one (21) days following certification and acceptance of the charges, except that the Town may make payment within forty-five (45) days after submission of an undisputed request for payment when grant money is a source of funding for the project or method of payment is specified by federal government requirements. For late payments, the TOWN shall pay interest at a rate of one and one-half percent of the undisputed amount per month or fraction of a month until payment is issued. (NMSA 1978, Sec. 57-28-5.)

11. No further amount(s) shall be available under this contract unless authorized by

law, ordinance, regulation or resolution and embodied in a written amendment to


34

this contract or change order executed prior to additional work being performed, additional materials being purchased, or additional expenses being incurred.

12. Release. CONTRACTOR agrees that, upon final payment of amounts due under this Contract Document and any Task Order, CONTRACTOR releases the TOWN, its employees and agents from all liabilities, claims and/or obligations whatsoever arising from, or under, this contract.

13. Completion. CONTRACTOR shall deliver, to the TOWN, completed materials

or work on a project including all work within the scope of work of this Contract Document and a Task Order and warranties, with quality of work conforming to all specifications in the Contract Documents and industry standards, to the TOWN’s satisfaction, no later than submission of CONTRACTOR's final bill pursuant to a particular Task Order.

14. Appropriations. This Contract Document is contingent upon there being

sufficient appropriations, availability of funds and legal authority in each fiscal year covered by this Contract Document. The TOWN shall be the sole and final determiner of whether sufficient appropriations, availability and authority exist.

15. Termination and Suspension. A. This Contract Document or any contract entered

into under it may be terminated by TOWN with or without cause. Termination shall be by written notice which shall be delivered or mailed (certified mail, return receipt) to the CONTRACTOR. Termination will be deemed to be effective thirty (30) calendar days from the date of the postmark or hand delivery to the CONTRACTOR (personally or at his/her office).

B. If notified of termination, CONTRACTOR shall immediately cease performing services and deliver, to TOWN, any work in progress. In no event shall termination nullify obligations of either party incurred prior to the effective date of termination. C. Termination Management. Immediately upon any notice of termination of this Contract, the CONTRACTOR shall: 1) not incur any further obligations for salaries, services or any other expenditure of funds under this Contract without written approval of the TOWN; 2) comply with all directives issued by the TOWN in the notice of termination as to the performance of work under this Contract; and 3) take such action as the TOWN shall direct for the protection, preservation, retention or transfer of all property titled to the TOWN and records generated under this Contract. D. The TOWN may suspend work under this Contract Document or any resulting Task Order for any reason the TOWN in its sole discretion deems sufficient, including but not limited to budgetary reasons or a need for further studies, investigation or analysis before work continues. Notice of Suspension shall be made or confirmed in writing, which shall be hand-delivered or mailed certified


35

mail, return receipt requested, to CONTRACTOR. Immediately upon receipt of notice of contract suspension, CONTRACTOR shall cease work pursuant to the Contract and await further instructions from the TOWN except that, with the TOWN’s permission which shall not be unreasonably denied, the CONTRACTOR may proceed with any work in progress that must be continued or completed in order to avoid damage, harm or risk to the TOWN’s, the CONTRACTOR’s, any subcontractor’s, or the public’s personnel or property. In the event that the CONTRACTOR, upon receiving a suspension of work notice, believes there is such reason for continuing work, it shall immediately so inform the TOWN and the parties shall in good faith attempt to agree on what additional work is reasonably required under the circumstances. Suspension of work shall not affect either party’s obligations with respect to work done or obligations incurred before notice of contract suspension.

16. Contract Documents. This Contract Document and each contract entered into pursuant to it includes and incorporates by reference the following documents as if set forth herein: all bid documents, specifications and related documents contained in the Project Manual issued on ______________ (date) for the Road and Construction Materials and Services Contract; all bid documents, certificates, and forms submitted by CONTRACTOR in response to the invitation for bids; all drawings included in the same bid book, including any addenda or amendments; and any other written contract or agreement signed hereafter by both parties in connection with this project and intended to be binding with respect to it, including all such Task Orders. The documents hereby incorporated by reference are collectively referred to herein as “the Contract Documents.”

17. Federal Funding/Conflicts. If federal funds are used to pay for all or part of this

Contract, the TOWN and the CONTRACTOR shall abide by all applicable federal government statutes, regulations or valid directives in the performance of this Contract. Should there be any conflict between any provision of this Contract and such federal requirements, the federal requirements shall control. Otherwise, if there are any conflicts between this Contract and provisions of the other Contract Documents incorporated herein by reference, the provisions of this Contract shall control unless the facts and circumstances indicate otherwise, or the parties agree in writing otherwise.

18. Status of Contractor. CONTRACTOR acknowledges that it is an independent

contractor and as such neither CONTRACTOR, its employees, agents or representatives shall be considered employees or agents of the TOWN nor shall they be eligible to accrue leave, retirement benefits, insurance benefits, use of Town vehicles, or any other benefits provided to Town employees.

19. Non-Agency. CONTRACTOR agrees not to purport to bind the TOWN to any

obligation not assumed herein by the TOWN, unless the CONTRACTOR has express written approval and then only within the limits of that expressed authority.


36

20. Confidentiality. Any information learned, given to, or developed by

CONTRACTOR in the performance of this contract that is of a confidential nature shall be kept confidential and shall not be made available or otherwise released to any individual or organization without the prior written approval of the TOWN.

21. Worker's Compensation. CONTRACTOR acknowledges that neither it, its

employees, agents or representatives shall have any claim whatsoever to worker's compensation coverage under the TOWN's policy. CONTRACTOR and sub-contractors shall carry their own Worker’s Compensation coverage as required by law.

22. Taxes. CONTRACTOR acknowledges that it, and it alone, shall be liable for and

shall pay to the New Mexico Taxation & Revenue Department, the applicable gross receipts taxes on all monies paid by the Town under this contract and that the TOWN shall have no liability for payment of such tax. CONTRACTOR also acknowledges that it, and it alone, shall be liable to the State and Federal government(s) and/or their agencies for income and self-employment taxes required by law and that the TOWN shall have no liability for payment of such taxes or amounts.

23. Records-Audit. CONTRACTOR shall keep, maintain and make available, to the

TOWN, the Town’s auditors, the New Mexico State Auditor and any other agency or entity as so provided in the Contract Documents, all records, invoices, bills, etc. related to performance of this contract for a period of three (3) years after the date of final payment. If federal grant funds are used to pay any part of this contract, CONTRACTOR shall retain all records for the period of time required by OMB Circular 102-A or any superseding federal government directive shall apply. Said records shall be available for inspection, audit and/or copying by the TOWN or its authorized representative or agent, as well as federal and/or state auditors.

24. Indemnification. CONTRACOR shall defend, indemnify and hold harmless the

TOWN from all actions, proceeding, claims, demands, costs, damages, attorneys’ fees and all other liabilities and expenses of any kind from any source which may arise out of the performance of this Agreement, caused by the negligent act or failure to act or other fault of the Contractor, its officers, employees, servants, subcontractors or agents, or if caused by the actions of any client of the Contractor resulting in injury or damage to persons or property during the time when the Contractor or any officer, agent, employee, servant or subcontractor thereof has or is performing services pursuant to this Agreement. In the event that any action, suit or proceeding related to the services performed by the Contractor or any officer, agent, employee, servant or subcontractor under this Agreement is brought against the Contractor, the Contractor shall, as soon as practicable but no


37

later than two (2) days after it receives notice thereof, notify the TOWN in writing.

25. Assignment & Subcontracting. CONTRACTOR shall not assign, transfer or

subcontract any interest in this contract or attempt to assign, transfer or subcontract any claims for money due under this contract without the prior written approval of the TOWN, which is hereby granted with respect to subcontractors named in the Contract Documents as to whom all relevant legal requirements are met.

26. Conflict of Interest. CONTRACTOR warrants that it presently has no interest or

conflict of interest and shall not acquire any interest or conflict of interest which would conflict with the performance of services under this Contract.

27. Non-Discrimination and Labor Law Compliance. CONTRACTOR agrees that it

and its employee(s) and/or agent(s) shall comply with all applicable federal, state and local laws and regulations regarding equal employment opportunity, fair labor standards, prevailing wages, and with any other applicable equal opportunity or labor laws.

28. Required Insurance. CONTRACTOR shall maintain liability insurance in an

amount at least equal to the requirements set forth by the New Mexico Tort Claims Act, Sec. 41-4-19, N.M.S.A. 1978 and all other insurance required by the Contract Documents, or in order to conform to industry standards, whichever provides greater coverage, including any coverage that exceeds the dollar amount set for in the NMSA Sec. 41-4-19. Contractor shall also maintain builder’s risk insurance to the extent required by the Town and subject to the Town’s approval for any construction work performed under this Contract Document or any Task Order issued under it.

29. Default by Contractor. In the event that CONTRACTOR defaults on any term or

provision of this contract, the TOWN retains the right to terminate the Contract or to permit the CONTRACTOR to cure the default in a manner that is reasonable under the circumstances.

30. Efforts to Cure. If the TOWN elects to provide the CONTRACTOR with notice

to cure any default, deficiency or defect, the TOWN shall issue the CONTRACTOR a written "Notice to Cure" specifying the measures to be taken and the time within which they must be taken. Failure by the CONTRACTOR to cure the default, deficiency or defect, within the authorized time, may result in an immediate termination of this contract by the TOWN pursuant to Paragraph 11 above.

31. Severability. In the event that a court of competent jurisdiction finds that any

term or provision of this contract is void or unenforceable, all other terms and


38

provisions shall remain intact and enforceable where not otherwise inconsistent with the Court's findings.

32. Scope of Agreement. This contract (including all Contract Documents)

incorporates all of the agreements and understandings between the parties. No prior agreement(s) or understanding(s), verbal or otherwise, shall be valid or enforceable unless embodied in this Contract Document or a Task Order issued under it.

33. Applicable Law. This contract shall be governed by the Laws of the State of New

Mexico and the Ordinances, resolutions, rules and regulations of the TOWN. Any legal proceeding brought against the TOWN or the CONTRACTOR arising out of this contract, shall be brought in the Eighth Judicial District Court, Taos County, State of New Mexico.

34. Illegal Acts. Pursuant to Sec. 13-1-191, N.M.S.A. 1978 and the criminal laws

referred to therein, it is unlawful for any contractor to engage in bribery, offer gratuities with the intent to solicit business, or offer or accept kickbacks in connection to any transaction governed by the Procurement Code. Any such acts also constitute breaches of this Contract.

35. Payment and Performance Bonds. If this Contract Document with any Task Order issued under it is for more than $25,000, CONTRACTOR, in accordance with NMSA Sec. 13-4-18, shall purchase and maintain for the life of the project called for by this Contract, performance and payments bonds by sureties authorized to do business in New Mexico and approved by the TOWN. Each such bond shall be in an amount at least equal to 100% of the contact price as per the applicable Task Order, and shall otherwise conform to the requirements of NMSA Sec. 13-4-18.

36. Subcontractors. Subcontractors are not permitted under this Contract Document or

any Task Order issued under it..

37. Standards; Warranty. All work under this contract shall equal or exceed applicable industry and regulatory standards related to quality, durability, and fitness for intended use. Contractor warrants its work and materials supplied to the Town under this Contract and any Task Order issued pursuant to it for a period of one year.

38. Other Provisions:

A. In addition to other warranties provided for in the Contract Documents or required by law, and in no way diminishing such requirements, the CONTRACTOR unequivocally warrants that its entire work shall be free from defects of materials and workmanship, provided that any such defect be brought to the attention of the CONTRACTOR in writing within five (5) years after completion of the Work or after the defect was or reasonably should have been


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discovered by the TOWN, whichever period is later, unless a different warranty period is stipulated in the Contract Documents or provided by law.

B. the TOWN has the unilateral right after giving reasonable notice in writing to:

1. Order changes in the work within the scope of the contract; 2. Order temporary stoppages of work or delay performance; and 3. Order permissible excuses for delay or nonperformance based on the

terms of this contract. 38. Compliance with Prompt Payment Act. The Contractor and the Town agree to comply with all applicable requirements of the New Mexico Prompt Payment Act, NMSA 1978, 57-28-1 through 57-28-11 as applicable.

THE AWARD AND EXECUTION OF THIS CONTRACT WAS APPROVED AND

DIRECTED BY THE TOWN COUNCIL OF THE TOWN OF TAOS AT ITS

MEETING ON ___________________, as reflected in the minutes of the meeting attached hereto as ATTACHMENT B. IN WITNESS HEREOF, the parties have executed this Agreement as of the date of the signature of the last party to sign.

TOWN APPROVAL CONTRACTOR:

____________________________________ ____________________________________ Mayor Darren M. Cordova Contractor ____________________________________ Date signed Printed Name:

__________________________ Title or Position: ______________

______________________________ Contractor's GRT/CRS Number OR

_____________________________ Contractor's Fed. Tax ID No. or SSN

______________________________

Date signed


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ATTESTED TO BY: ____________________________________ Renee Lucero, Town Clerk

ACCOUNTING APPROVAL: APPROVED AS TO FORM:

________________________________ _____________________________ Marietta S. Fambro, Finance Director Allen R. Ferguson, Jr., Town Attorney Budget Line Item: ______________ ____________________________________ _____________________________ Date signed Date signed


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VI. SUPPLEMENTS:

DRAWING A: Light Pole Base DRAWING B: Speed bump Plan

DRAWING C: Wall, Section & Plan

SEPARATE ATTACHMENT