COUNTY OF MCKINLEY P. O. BOX 70 GALLUP, NM …server.co.mckinley.nm.us/pdf/purchasing s/Open...

COUNTY OF MCKINLEYP. O. BOX 70

GALLUP, NM 87305-0070(505) 722-3868

FAX (505) 863-6362

REQUEST FOR PROPOSALFOR

CONSTRUCTION OF THE JUVENILE DETENTION CENTER

RFP NO. 2008-56

Proposal Deadline: Tuesday December 30, 2008 2 p.m. Mountain Standard Time

TABLE OF CONTENTS

NOTICE OF REQUEST FOR PROPOSAL ..................................................PAGE 1

PROPOSAL REVIEW SCHEDULE..............................................................PAGE 2

SECTION 1 GENERAL INFORMATION .............................................PAGE 3

SECTION 2 SCOPE OF WORK..........................................................PAGE 7

SECTION 3 EVALUATION CRITERIA................................................PAGE 9

SECTION 4 INSTRUCTION TO OFFERORS .....................................PAGE 12

SECTION 5 GENERAL TERMS AND CONDITIONS ........................ .PAGE 26

ATTACHMENT A CAMPAIGN CONTRIBUTION DISCLOSURE FORM .....PAGE 27

ATTACHMENT B GENERAL CONTRACTORS STATEMENT OFQUALIFICATIONS ..........................................................PAGE 29

ATTACHMENT C SUB-CONTRACTORS STATEMENT OFQUALIFICATIONS ..........................................................PAGE 54

ATTACHMENT D PROPOSAL FOR LUMPSUM CONTRACT ....................PAGE 66

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NOTICE OF REQUEST FOR PROPOSALS

PUBLIC NOTICE is hereby given that the County of McKinley will receive qualifications-based competitive sealed proposals for the Construction of the New LawEnforcement Building, RFP # 2008-55, and Construction of the New JuvenileDetention Center, RFP # 2008-26 until Thursday, December 30, 2008 at 2:00 P.M.,Local Time. Copies of the Request for Proposals along with specifications can beobtained from Albuquerque Reprographics, 4716 McLeod NE, Albuquerque, NM 87109(505) 884-0862. A Mandatory Pre-Proposal meeting and site visit will be held at theMcKinley County Courthouse, Commission Conference Room, December 4, 2008 @10:30 AM for the Juvenile Detention Center and at 1:30 for the Law EnforcementBuilding. McKinley County reserves the right to accept or reject any or all proposalsand to waive all formalities. For more information, please contact Carol Bowman-Muskett at (505) 863-1400.

The Procurement Code, Sections 13-1-28 Through 13-1-199, NMSA, 1978 imposescivil and criminal penalties for code violations. In addition the New Mexicocriminal statutes impose felony/penalties for illegal bribes, gratuities andkickbacks.

DATE this 15th day of November 2008 By: /s/Dave DallagoChairperson, Board of Commissioners

PUBLISHED: SATURDAY, November 15, 2008 The Gallup Independent

PUBLISHED: SATURDAY, November 15, 2008 Albuquerque Journal

PUBLISHED: SATURDAY, November 22, 2008 The Gallup Independent

COUNTY OF McKINLEYRFP #2008-56 CONSTRUCTION OF THE JUVENILE DETENTION CENTER

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PROPOSAL REVIEW SCHEDULE

Event Responsible Party Date Location

1 Advertisement County of McKinley

SaturdayNovember 15,November 22,

2008

2RFP & Construction

Documents Available NCA Architect

MondayNovember 17,

2008Albuquerque

Reprographics

3 Question/CertificationsPotential Offerors to NCA

Architects

AS Requestedprior

to submission

4Mandatory Pre-Proposal

Site Meeting NCA Architect

ThursdayDecember 4, 2008

10:30 AM

County of McKinley207 W. Hill

Gallup, NM 87305Comm. Conf. Rm.

5 RFP Amendments

NCA Architects toPotentialOfferors

Prior toSubmission

6 Proposal Submittal DeadlinePotential Offerors toCounty of McKinley

TuesdayDecember 30,

2008(2:00 PM, MST

Deadline)

County of McKinley207 W. Hill St.

P.O. Box 70Gallup, NM 87305

7 Proposal Short listing Evaluation Committee January 8, 2009County ofMcKinley

8 Notice of FinalistsTom D. Trujillo,

County Manager January 9, 2009

9Pre-interview

Tele-conference

NCA Architects toPotentialOfferors January 9, 2009

County ofMcKinley

10 Interviews Evaluation Committee January 13, 2009County ofMcKinley

11 Notice of Intent to AwardTom D. Trujillo,

County Manager January 20, 2009

12 Contract Negotiations Successful Offeror January 21, 2009 County of McKinley

DATES AFTER THE PROPOSAL DEADLINE ARE TENTATIVE

AND ARE SUBJECT TO CHANGE WITHOUT NOTICE.


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SECTION 1 GENERAL INFORMATION

GENERAL INFORMATION/PROJECT DESCRIPTION

The County of McKinley is soliciting Request for Proposals (RFP’s) No. 2008-56 forConstruction of the Juvenile Detention Center for Fiscal Year 2008-2009. If you havethe experience and are interested in providing these services, please submit a proposalfor this work based on the information presented in this RFP.

We are requesting that you prepare a response based on the Request for Proposal andaccompanying information. The proposal should address your interest to satisfy theCounty’s objectives established for this effort. The proposal should also clearlydemonstrate your capability to achieve the scope of work. It is, therefore, important thatyou list all key individuals that you would assign to the project and define an approachthat would be used to implement this service. Careful review of the RFP is highlyrecommended to ensure a responsive submittal. This RFP was prepared in accordancewith current State Procurement Statutes.

In order to adequately supply the committee members involved in reviewing the RFP’sand making the selection, we are requesting the proposal shall be submitted in twoparts: Volume I: Technical Proposal and Volume II: Price Proposal. Only oneproposal may be submitted by each Offeror for this project. Offerors shall provideseven (7) identical copies of their Technical Proposal, and one (1) copy of theirPrice Proposal Make certain you address all items requested to ensure a responsivesubmittal.

The Support Services staff feels this format for an RFP is objective and represents acomprehensive and fair system for evaluation of your submittals. Should you requirefurther information, please feel free to contact the Support Services at 505-722-3868.

NOTE: USE OF THE MAIL SERVICE IS AT YOUR OWN RISK FOR PROPERDELIVERY.

Issue RFP - This RFP is issued by the County of McKinley in accordance with theprovisions of Sections 13-1-120 and 13-1-121 NMSA 1978. This RFP will be posted onNCA Architects’ website http://www.nca-architects.com/ftplogin.html. and the County ofMcKinley’s website www.co.mckinley.nm.us

Contract Documents – Approved plan repositories: may obtain a hard copy set fromAlbuquerque Reprographics Inc., (505) 884-0862, 4716 McLeod Rd. NE, Albuquerque,New Mexico 87109-2135 upon paying a deposit of $250.00 for a full set. No partial setswill be furnished.


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Any person or firm that fails to return the complete set of Drawings and Specifications,or other Contract Documents, in good condition within ten (10) days of the date set forselection announcement shall forfeit any required deposit.

Questions/Clarifications/Site Visits – Between issuing the RFP and Submission ofProposals, prospective Offerors may contact NCA Architects with questions about thescope of the project or the RFP schedule. Copies of the Standard agreement BetweenOwner and Contractor are available from NCA Architects. Offerors are encouraged tofamiliarize themselves with this Standard Agreement Between the Owner andContractor. Any questions concerning the project or selection process contact:

Tom Wilber – Principal ArchitectFreddie Montoya – Project ManagerVoice: (505) 255-6400Fax: (505) 268-6954

Pre-proposal Meeting - Provides interested Offerors an opportunity to requestclarification about the procurement process and discuss the intent of the project with thearchitect and the owner. A representative from each interested prime contractor isrequired to attend. During the meeting a presentation will be made to describe theoverall scope of work and intended schedule. Subcontractors and suppliers are invitedto attend this meeting but it is not mandatory for them.

THE PRIME CONTRACTOR’S ABSENCE FROM THE PRE-PROPOSAL MEETINGPRECLUDES PARTICIPATION AS A PROPOSER ON THIS PROJECT.

RFP Amendments - If an RFP amendment is deemed necessary it will be issued prior tothe submission deadline. Any amendment issued prior to the submittal deadline shallbecome part of the Request for Proposals and any information required shall beincluded in your proposal. NCA Architects will distribute the amendment in writing to allrecipients of the RFP.

Product Approvals – Where reference is made to one or more proprietary products inthe Contract Documents, but restrictive descriptive materials of one or moremanufacturer(s) is referred to in the Contract Documents, the products of othermanufacturers will be accepted, provided they are equal or exceed the standards setforth in the drawings and specifications and are compatible with the intent and purposeof the design, subject to the written approval of the A/E. The A/E’s written approval willbe in an issued amendment. If the descriptive material is not restrictive, the products ofother manufacturers specified will be accepted without prior approval provided they arecompatible with the intent and purpose of the design as determined by the A/E.

Submission of Proposal – Offerors shall submit two-part, two-volume written proposals.Each volume shall be submitted in a separate sealed envelope or package. Clearly labeleach volume with the RFP number, your name, address, and date of submittal andprominently identify each as: Volume I: Technical Proposal and Volume II: PriceProposal, address to:

County of McKinley


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RFP Number 2008-56207 W. Hill StreetP.O. Box 70Gallup, NM 87305ATTENTION: Carol Bowman-Muskett

a) Receipt of Proposals: The County of McKinley will time-stamp proposals at theMcKinley County Courthouse Receptionist Desk and hold in a secure location. Apublic log will be kept of the names and submittal times of all proposals.Proposals received after the deadline will be deemed non-responsive, and will bereturned unopened to the Offeror.

b) Restrictions on Opening of Proposals: Price proposals shall remain sealed untilthe technical proposal evaluation for all Offerors has been completed and finaltechnical scores prepared.

c) Confidentiality of Proposals: Proposals will not be opened publicly and shall notbe open to public inspection until after an Offeror has been selected for award ofthe contract. An Offeror may request in writing non-disclosure of confidentialdata. Such data shall accompany the proposal and shall be readily separablefrom the proposal in order to facilitate eventual public inspections of the non-confidential portion of the proposal.

d) Non-Conforming Proposals: Proposals will be reviewed, for completeness, formatand compliance with the requirements of the RFP. If any proposal is deemednon-responsive by the Evaluation Committee, the Offeror will be notified in writingof such determination.

Security – A Bid Bond in the amount of five percent (5%) of the proposal amount isrequired of each Offeror.

Proposal/Shortlisting -The Evaluation Committee will review each proposal. Points willbe allocated per Section 3 of this RFP, by each committee member. Member’s pointtotals will be translated to a numeric ranking. The committee member rankings will betotaled to determine the overall ranking of the firms. The Evaluation Committee will holdinterviews with the highest-ranked Offerors. If fewer than three proposals are receivedthe Evaluation Committee may recommend award or may reissue the RFP. TheCommittee shall determine the rankings without the possibility of a tie.

Pre-Interview Teleconference – When selected for an interview the County of McKinleywill notify firms with a date and time for a Pre-interview Teleconference meeting. ThePre-Interview Teleconference will be conducted, by the NCA Architects, to answer anyquestions regarding the interview process.

Interviews/Award – Overall rankings from the interview shall determine the firm to beawarded the project. Notice to finalists will include the interview date, time, and location.The purpose of the interview is to allow the Offeror to present its qualifications, pastperformance, management plan, schedule and general plan for constructing the project.It will also provide an opportunity for the Evaluation Committee to seek clarification of


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the Offerors proposal. Ninety (90) minutes will be allotted for the interview to include aforty five (45) minute question and answer session by the evaluation committee. Pointswill be allocated, by each member. Each member’s point totals will be translated into anumeric ranking of the interviewed firms. Individual member rankings will be totaledtogether to determine the overall ranking from interview. In the event of a tie for first,after the completion of interviews, the tie shall be broken by awarding to the firm with thehigher ranking from the shortlist. All calculations of point standings shall occur duringthe Evaluation Committee meeting for this project with all members in attendance.

Notice of Intent to Award – Carol Bowman-Muskett will notify the selected Offeror inwriting of the final intent to award. This notice will include the interview rankings for theproject award. At this time, the County of McKinley will maintain at least one copy ofeach Offerors proposal. Proposals are open for public inspection after the award.

Contract Negotiations - The Owner and the successful Offeror will begin contractnegotiations as soon as possible after notice of intent to award


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SECTION 2 SCOPE OF WORK

A. PROPOSE OF THIS REQUEST FOR PROPOSALS

The County of McKinley is requesting competitive proposals for construction servicesbased on the scope of work described below. All potential Offerors are to read,understand, and accept the requirements of this Request for Proposal (RFP)

We are requesting that you prepare a response based on the Request for Proposal andaccompanying information. The proposal should address your interest to satisfy theCounty’s objectives established for this effort. The proposal should also clearlydemonstrate your capability to achieve the scope of work. It is, therefore, important thatyou list all key individuals that you would assign to the project and define an approachthat would be used to implement this service. Careful review of the RFP is highlyrecommended to ensure a responsive submittal. This RFP was prepared in accordancewith current State Procurement Statutes.

The County of McKinley is requesting proposals for the construction of a new JuvenileDetention Center. The new secure facility consists of a 20,540 sf single and 2 storystructure.

B. PROJECT DESCRIPTION

The McKinley County Juvenile Center is 20,540 square feet in size with 38 cells. Theproject is new construction on a flat site. The site work includes paving, sidewalks,security fencing and gates and security cameras. The building will be constructed ofconcrete masonry units, metal stud framing and pre-cast concrete cell modules. Theroofing consists of TPO membrane and standing seam metal roof panels. The exteriorfinish system will be a three coat stucco. The roof framing system will consist of steeljoists and steel decking. The administration area will have vct, carpeting and acousticalceilings. The detention areas will have painted masonry and high impact gypsum boardwith security mesh. The project also includes custom casework and detention furniture.The facility will be provided with security electronics, mechanical and electrical systems

Heated building area is 20,540 square feet: Construction Budget is $6,300,000.00

The Construction schedule has the completion of construction in February 2010

A Mandatory Pre-proposal meeting and site visit will be held at the proposal site on the4TH of December 2008 @ 10:30 AM. All prime contractors wishing to submit on thisproject must attend this meeting.

The County of McKinley reserves the right to reject any or all proposals.

C. PROJECT SCHEDULE:

RFP Advertisement ............................................................November 17 2008Pre-Proposal Meeting ...............................................December 4, 2008, 10:30 AM


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Proposal Submittal Deadlines............................................ December 30, 2008Evaluation of Proposals .............................................Dec 31, 2008 to Jan. 8, 2009Recommendation of Award ................................................. January 20, 2009Execution of Contract .......................................................... January 20, 2009Notice to Proceed ................................................................ February 2, 2009

Proposal documents are available for inspection at the following locations: AlbuquerqueReprographics, (505) 884-0862, 4716 McLeod Rd. NE Albuquerque, New Mexico87109-2135

Project Budget: MACC: $6,300,000.00(Note: excludes New Mexico Gross Receipts Taxes.)

This procurement shall be under the Competitive Sealed Proposals for Construction andFacility Maintenance, Services and Repairs method per New Mexico AdministrativeCode (NMAC) 1.4.8. The Request for Proposal (RFP) documents consist of all thedocuments listed in the Table of Contents and all said documents are incorporated inthis RFP by reference.

Prospective Offerors are expected to visit the site and understand the local conditionsunder which the work will be performed.


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SECTION 3 EVALUATION CRITERIA

3.1 CRITERIA AND POINT VALUES

3.1.1 Proposals must address each of the following criteria. Each proposal may beawarded percentage point up to the amount listed in parentheses.

3.1.2 Shortlisting - A maximum total of 1000 points are possible in scoring eachproposal for the shortlist evaluation. The Selection Committee will evaluate theproposals and may conduct interviews with Offerors applying for selection.

3.1.3 The evaluation criteria to be used by the Selection Committee for the proposalshortlist and the corresponding point values for each criteria are as follows

SuggestedPoints

3.2 Past Performance, documented record of performance of the PrimeContractor and subcontractors on projects of a similar naturerelative to budget and schedule, quality of work and customersatisfaction, compliance with applicable laws and regulations, andsafety record.. .............................................................................................. 150 Points

3.3 Management Plan, management and administration of the teamand team resources, technical approach to the project, safety planand programs, project schedule................................................................... 150 Points

3.4 Project staffing/craft labor capabilities, participation in skill training,reliable staffing sources, reliable project staffing ......................................... 200 Points

3.5 Health and Safety with respect to site safety and qualityassurance/quality control ............................................................................. 150 Points

3.6 Schedule, ability of the contractor’s schedule to meet the objectivesof the project ................................................................................................ 25 Points

3.7 New Mexico Produced Work, plan for hiring local construction ormaintenance craft labor ................................................................................ 25 Points

3.8 Price Proposal (Price Proposal submittal) based on requirementsset forth in Plans and Specifications. List any Value Engineeringopportunities for this project......................................................................... 300 Points

TOTAL ...............1000 Points

3.9 EVALUATION FACTORS

Each prospective Offeror must answer all of the questions and provide all requestedinformation, where applicable. Any Offeror failing to do so may be deemed notresponsive and not responsible with respect to this pre qualification at the sole


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discretion of The County of McKinley. Prime Contractors are hereby informed that inmaking evaluations and determinations, The County of McKinley is not restricted to theminimum information required for Qualification Statements and that any relevantinformation regarding performance from reliable sources may be considered.

A brief explanation of each evaluation category is listed below.

3.9.1 Past Performance: (150 points) Statement of Qualifications submittal. Past Performance Summary and present capability to perform the

procurement contract. Describe the role of each teaming partner that willperform the work on the contract.

Offeror are cautioned that the Evaluation Committee will use data provided byteaming partners as well as data obtained from other sources in theevaluation of past performance.

3.9.2 Management Plan: (150 points) Statement of Qualifications submittal. Describe how the construction will be managed, including security and safety

controls, staging areas, delivery routes, crane locations and interfacesrequired at the site with the using agencies

Address project specific criteria, risks that have been identified by the RFPand additional risks that the team has identified. State how those risks will bemitigated.

Describe processes to ensure tasks are executed within cost, schedule, andquality goals.

Describe processes to minimize risk and to ensure that cost, schedule andquality status and issues are clearly communicated with the contractors, subs,and the owner.

3.9.3 Project Staffing (200 points) Provide an organization chart of key project personnel and also address how

critical subcontractors were selected and will be managed. Provide a brief resume (education, professional certification(s), years with

firm, total years of experience, and a brief description of experiencesupporting the proposed role) for each key project personnel. Resumes shallbe a maximum of one-half page each, but may be less than one-half page.

3.9.4 Health and Safety (150 points) Describe the processes and/or the plan to effectively and efficiently provide

Quality Assurance/Quality Control and to manage site safety

3.9.5 Project Schedule (25 points) Include your proposed project schedule. Indicate critical dates and other

information in sufficient detail for the selection committee to determine if timeframes are reasonable.

Describe ability to deliver the project within the construction time.

3.9.6 New Mexico Produced Work (25 points)


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The State government’s goal is to support New Mexico owned businesses.Indicate the volume of work to be produced by New Mexico firms, using NewMexico based employees on this project. Indicate the number of New Mexicobased employees that will be part of the Project Team.

1.9.7 Price (300 points) Price offered is responsive to the RFP requirements and instructions, and is

realistic in respect to project plans and specifications.


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SECTION 4 INSTRUCTIONS TO OFFERORS

NOTICE TO PROPOSER

PROPOSAL SUBMITTAL FORMAT SEE SECTIONS 4.3Non-compliance shall result in a non-responsive proposal.

4.1 DEFINITIONS AND TERMS

4.1.1 A/E: means the New Mexico licensed architect/engineer hired as the Consultantfor this project.

4.1.2 Addendum: a written or graphic instrument issued prior to the opening ofProposals, which clarifies, corrects, or changes the Request for Proposals.Plural: addenda.

4.1.3 Contract: An agreement between a state agency or Local Government (theOwner) and a prime contractor for the work covered by this RFP.

4.1.4 Consultant: means the Successful Offeror awarded the Agreement/Contract.

4.1.5 Determination: means the written documentation of a decision of theprocurement officer including findings of fact required to support a decision. Adetermination becomes part of the procurement file to which it pertains (13-1-52NMSA 1978).

4.1.6 Firm: means the company or other business entity referenced under 1.4.8NMAC for the purpose of identifying, individually or collectively: a generalcontractor, a prime contractor or a subcontractor, of any tier, whether basic tradesubcontractor, subcontractor or other.

4.1.7 General Provisions: The terms “can”, “may”, “should”, “preferably”, or“prefers” identifies a desirable or discretionary item of the RFP. Failure tocomply with such an item will not result in the rejection of the Offerors proposal.

4.1.8 Mandatory Requirements: The terms "must," "shall," "will," "is required,"or "are required" identify a mandatory requirement of this RFP. Failure tocomply with such a mandatory factor shall result in the rejection of the Offerorsproposal. Rejection of the proposal will be subject to review by the EvaluationCommittee and a final decision on rejection will be made by the County.

4.1.9 Owner: as defined in the Agreement Between Owner and Contractor shall bethe County of McKinley.

4.1.10 Offeror: any person, corporation, or partnership legally licensed to provideprofessional services in this state, who chooses to submit a proposal inresponse to this Request for Proposals.


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4.1.11 Pre listed subcontractors: means the subcontractors, of any tier, that theOfferor is required to list, pursuant to 1.4.8.13 NMAC of 1.4.8 NMAC, at the timeit submits a proposal in response to a request for proposals.

4.1.12 Prime Contractor: means the New Mexico licensed contractor selected for thisproject by the Evaluation Committee.

4.1.13 Procurement Manager: means the person or designee authorized by theCounty of McKinley to manage or administer a procurement requiring theevaluation of proposals.

4.1.14 Project Team: All members, including consultants and subcontractors who willbe responsible for the project.

4.1.15 Proposal: is the Offerors response to this RFP.

4.1.16 Request For Proposals: or “RFP” means all documents, including thoseattached or incorporated by reference, used for soliciting proposals (13-1-81NMSA 1978).

4.1.17 Responsible Offeror or Proposer: means an offeror or proposer who submitsa responsive proposal and who has furnished, when required, information anddata to prove that his financial resources, production or service facilities,personnel, service reputation and experience are adequate to make satisfactorydelivery of the services described in the proposal (13-1-83 NMSA 1978).

4.1.18 Responsive Offer or Proposal: means an offer or proposal which conforms inall material respects to the requirements set forth in the request for proposals.Material respects of a request for proposals include, but are not limited to, price,quality, quantity or delivery requirements (13-1-85 NMSA 1978).

4.1.19 RFP documents: means any one or combination of the following request forproposal documents: technical proposal; price proposal; contractor qualificationsstatement; subcontractor qualification statement

4.1.20 Statement of Qualifications Forms: means the forms included as a part of thisRFP, which all Offerors shall complete, including the qualifications for themechanical/plumbing/electrical and Fire Protection subcontractors proposed forthe project.

4.1.21 Selection: A formal written notice by the County that a firm has been selected toenter into a contract for services.

4.1.22 Selection Committee or Evaluation Committee: A body constituted inaccordance with Section 1.4.8.16 NMAC 2005 to evaluate proposals and makeselection recommendation and or selection. The Evaluation Committee consistsof at least three members. The committee should collectively possess expertisein the technical requirement of the project, construction design and contracting.

4.1.23 Technical Irregularities: Are matters of form rather than substance evidentfrom the proposal document, or insignificant mistakes that can be waived or


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corrected without prejudice to other Offerors; that is, when there is no effect onprice, quality or quantity. If discussions are not held or if best and final offersupon which award will be made have been received, the Evaluation Committeemay waive such irregularities or allow an Offeror to correct them if either is in thebest interest of the County. Examples include the failure of an Offeror to:

a) Submit the number of signed proposals required by the RFP;b) Sign the proposal, but only if the unsigned proposal is accompanied by

other material indicating the Offerors intent to be bound; orc) Acknowledge receipt of an amendment to the RFP, but only if: a) it is

clear from the proposal that the Offeror received the amendment andintended to be bound by its terms; or b) the amendment involved had noeffect on price, quality or quantity.

4.2 REQUEST FOR PROPOSAL DOCUMENTS

4.2.1 COPIES OF REQUEST FOR PROPOSALS

4.2.1.1 A complete set of the Request for Proposals may be obtained from the Countyof McKinley as stated in the RFP Notice.

4.2.1.2 A complete set of the Request for Proposals shall be used in preparingproposals; the County of McKinley assumes no responsibility for errors ormisinterpretations resulting from the use of an incomplete set of the Request forProposals.

4.2.1.3 The County of McKinley, in making copies of Request for Proposals available onthe above terms, does so only for the purpose of obtaining proposals on theProject and does not confer a license or grant for any other use.

4.2.1.4 A copy of the RFP shall be made available for public inspection and shall beposted at the Office of the Manager, 3rd Floor, County Courthouse

4.2.2 INTERPRETATIONS

4.2.2.1 All questions about the meaning or intent of the Request for Proposalsshall be submitted to the Procurement Officer of the County of McKinleyin writing. Replies will be issued by Addenda mailed or delivered to allparties recorded by the County of McKinley having received the Requestfor Proposals. Questions received less than five days prior to the datefor opening of proposals will not be answered. Only questions answeredby formal written addenda will be binding. Oral and other interpretationsor clarifications will be without legal effect.

4.2.2.2 Offerors should promptly notify the County of McKinley of any ambiguity,inconsistency, or error, which they may discover upon examination of theRequest for Proposals.

4.2.3 ADDENDA

4.2.3.1 Addenda will be mailed, by facsimile or hand delivered to all who areknown by the County of McKinley to have received a complete set ofRequest for Proposals.


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4.2.3.2 Copies of Addenda will be made available for inspection whereverRequest for Proposals are on file for that purpose.

4.2.3.3 No Addenda will be issued later than 5 days prior to the date for receiptof Proposals, except an Addendum withdrawing the Request forProposals or one, which includes postponement of the date for receipt ofProposals.

4.2.3.4 Each Offeror shall ascertain, prior to submitting the Proposal, that theOfferor has received all Addenda issued, and shall acknowledge theirreceipt in the Proposal transmittal letter.

4.3 PROPOSAL SUBMITTAL PROCEDURES

4.3.1 NUMBER, FORM AND STYLE OF PROPOSALS

4.3.1.1 Offerors shall submit in two parts: Volume I: Technical Proposal andVolume II: Price Proposal. Only one proposal may be submitted by eachOfferor for this project. Offerors shall provide seven (7) identical copiesof their Technical Proposal, and one (1) copy of their Price Proposal atthe location specified.

4.3.1.2 Format will be 8-1/2" x 11" with foldout sheets allowed up to 11" x 17" insize. Text will be no smaller than 12 point. If there is any question as toformat, requirements contact the Architect for clarification, prior tosubmittal of the proposal

4.3.1.3 All proposals must be a maximum of 25 pages, including title, index, etc.,not including front and back covers.

4.3.1.4 The proposal must be organized and indexed in the following format andmust contain, as a minimum, all listed items in the sequence indicated:

1) Letter of Transmittal, if any;2) Table of Contents3) Glosery4) Part 1. General Contractor’s Qualifications Statement with

tabbed attachments.5) Part 2. Subcontractor’s Qualification Statement with tabbed

attachements.6) Subcontractor Listing Form7) Campaign Contribution Disclosure Form

4.3.1.5 Submittal Letter – (One page maximum) Each proposal must beaccompanied by a submittal letter. The submittal letter shall contain anacknowledgement and certification section with the following provisions: Be signed by a director, officer or manager of the submitting firm who

has sufficient knowledge to fully address all matters and respond toall inquiries included in RFP documents.

Provide telephone numbers, fax and e-mail address of the director,officer or manager to be contacted for clarification questionsregarding this RFP.


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Submitting firm shall represent that the information provided in theRFP documents is truthful, accurate and complete and that the firmand individual responsible for the submission shall be fullyresponsible for and bound by all information, data, certifications,disclosures and attachments included in the RFP documents.

Explicitly indicate the information and data provided in connectionwith the RFP documents, as well as any other relevant informationobtained from any other sources regarding the firm, which may bereviewed to determine whether it qualifies as a responsible contractorpursuant to 1.4.1.47 NMAC and whether its offer represents the bestvalue to the using agency.

Explicitly indicate understanding that the firm’s failure to meetresponsibility standards or provide requested information may renderit ineligible to perform work on the prospective procurement contract.

Explicitly acknowledge the firm’s obligation to carefully review andcomplete, and, when applicable, update the RFP documents.

Acknowledge that omission of any material fact concerning requestedor submitted information, or the submission of any materially false ormisleading statement, or misrepresentation of a material factconcerning any requested or submitted information, may lead to thedisqualification of the proposal.

Explicitly agree that if awarded the contract, the RFP documents, andall terms and conditions specified therein, and all information, data,certifications and disclosures included in the RFP documents, shallbe incorporated into the contract.

Explicitly indicate understanding that if it is determined that it hasintentionally or recklessly failed to disclose requested information, orhas intentionally or recklessly made a false statement,misrepresentation or omission regarding a material fact relating to theRFP documents, the firm may be declared in default of contract andany such conduct shall be grounds to terminate the contract and/orwithhold full or partial payment and/or impose any sanctions orpenalties, as deemed appropriate and available under New Mexicolaw.

Identify the name and title of the person(s) authorized to contractuallyobligate the Offeror for the purpose of this RFP and the contract;

Acknowledge receipt of any and all amendments to this RFP;

4.3.1.6 Statement of Qualifications Form – Each Offeror shall complete theStatement of Qualifications form and include this form in their proposal.Each Offeror shall also include in their proposal the appropriate MEP andfire protection subcontractor qualification forms. All Offeror qualificationswill be reviewed and rated by the selection committee.

4.3.1.7 Subcontractor Listing Form – Each Offeror shall complete theSubcontractor Listing Form and include this form in their proposal. TheOfferor shall provide a list of all subcontractors that will perform work onthe project above $150,000.00. The Offeror may not change any of thefirms listed without the Owner’s consent.

The Owner will consider any request for a change in the listed firms inconformance with the New Mexico “Subcontractors Fair Practices Act”


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(New Mexico Statutes Annotated, Chapter 13, Sections 13-4-31 through13-4-43.

4.3.1.8 Offeror Qualification Statement – An offeror to whom award of anagreement is under consideration shall submit, upon request, informationand data to prove that their financial resources are adequate to makesatisfactory delivery of services described in the request for proposals(Section 13-1-82 NMSA 1978).

4.3.1.9 Campaign Contribution Disclosure Form – A blank form is included at theend of this RFP. Pursuant to Chapter 81, Laws of 2006, any prospectivecontractor seeking to enter into a contract with any state agency or localpublic body must file this form with that state agency or local public body.This form must be filled by any prospective contractor whether or notthey, their family member, or their representative has made anycontributions subject to disclosure.

4.3.1.10Before submitting a proposal, each contractor shall carefully examinethe RFP; shall visit the site of the Work; shall fully inform themselves asto all existing conditions and limitations; and shall include in the proposalthe cost of all items required by the RFP. If the contractor observes thatportions of the Contract Documents are at variance with applicable laws,building codes, rules, regulations or contain obvious erroneous oruncoordinated information, the contractor shall promptly notify thespecified Owner’s Representative and the necessary changes shall beaccomplished by Amendment.

4.3.1.11Compliance with Construction Budget - The County of McKinley expectsto receive price proposals that are within the stated construction budget.

Price Proposal Form – Each Offeror shall complete the Price ProposalForm and include this form Volume II: Price Proposal. The proposal,bearing original signatures, must be typed or hand-written in ink on thePrice Proposal Form and submitted in a sealed envelope at the time andlocation specified in this RFP. Late proposals will be disqualified andreturned to the Offeror unopened. One copy of the price proposal isrequired.

4.3.1.12The contractor shall bid the base bid price.

4.3.1.13Include Security documents required

4.3.1.14Any Proposal that does not adhere to this format,and which does not address each specification orrequirement within the RFP shall be deemed non-responsive and rejected on that basis.

4.3.1.15Offeror may request in writing nondisclosure of confidential data. Suchdata should accompany the proposal and should be readily separablefrom the proposal in order to facilitate eventual public inspection of thenon-confidential portion of the proposal. A request that states that the


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entire proposal be kept confidential will not be acceptable. Only matterswhich clearly are of a confidential nature will be considered.

4.3.1.17Any cost incurred by the Offeror in preparation, transmittal, presentationof any proposal or material submitted in response to this RFP shall beborne solely by the Offeror.

4.3.2 SECURITY FOR PRICE PROPOSAL

4.3.2.1 Security in an amount of not less than five percent (5%) of the totalamount of the proposal submitted is required of each Offeror. Anacceptable Bond or Cashier’s Check must accompany each proposal asa guarantee that, if awarded the contract, the Offeror will enter into acontract promptly and execute the required Contract Documents. Thesuccessful Offerors security will be retained until they have signed acontract and furnished the required payment and performance bonds.The security shall become property of The County of McKinley asliquidated damages for delay and additional expense caused thereby inthe event that the contract is not executed and/or acceptable 100%Performance and Payment bonds are not delivered within the time setforth. The County of McKinley reserves the right to retain the security ofthe next two ranked Offerors until the accepted Offeror enters into acontract or until forty-five (45) days after the receipt of proposals,whichever is shorter. All other security will be returned within seven (7)days of the selection announcement.

4.3.2.2 The Offeror will provide a Security for the Price Proposal with the PriceProposal submittal.

4.3.2.3 The bonds will be written on the AIA Document A310, Bid Bond

4.3.2.4 The Offeror will require the Attorney-In-Fact who executes the requiredbonds on behalf of the surety to affix thereto a certified and current copyof his Power of Attorney.

4.3.2 SECURITY FOR FAITHFUL PERFORMANCE

4.3.2.1 The Offeror will furnish and maintain bonds covering the faithfulperformance of the Contract, and the payment of all obligations arisingthere under, in an amount equal to one hundred percent (100%) of theContract Sum as adjusted, and with such sureties secured through theOfferors usual sources, licensed to do business in the State of NewMexico and as may be agreeable to the parties.

4.3.3 TIME OF DELIVERY AND FORM OF BONDS

4.3.3.1 The Offeror will provide, with the proposal, a letter from a bondingcompany licensed to do business in the State of New Mexico confirmingthe Offerors ability to obtain Performance; Labor, and Materials PaymentBond in an amount not less than 100% of the price proposal. The Offerorwill, prior to commencement of Work, furnish such bonds.

4.3.3.2 The bonds will be written on the AIA Document A311, Performance Bondand Labor and Material Payment Bond.


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4.3.3.3 The Offeror will require the Attorney-In-Fact who executes the requiredbonds on behalf of the surety to affix thereto a certified and current copyof his Power of Attorney

4.3.4 SUBCONSULTANTS

4.3.4.1 The Offeror shall list and state the qualifications for each Subconsultantthe Offeror proposes to use for all subcontracted Work.

4.3.4.2 The Offeror is specifically advised that any person or other party to whomit is proposed to award as subcontractor under this proposal, must beacceptable to the County of McKinley after verification by the County ofMcKinley of the current eligibility status, including but not limited tosuspension or debarment by the County of McKinley.

4.3.5 PREQUALIFICATION PROCESS

4.3.5.1 A business may be pre-qualified by the Purchasing Officer as an Offerorfor particular types of service. Mailing lists of potential Offerors shallinclude but shall not be limited to such pre-qualified businesses (13-1-134 NMSA 1978). For purposes of this RFP, if pre-qualification isutilized, special instructions will be attached as an exhibit to this RFP.

4.3.6 DEBARRED OR SUSPENDED CONTRACTORS

4.3.6.1 A business (contractor, subcontractor or supplier) that has either beendebarred or suspended pursuant to the requirements of 13-1-177 through13-1-180, and 13-4-11 through 13-4-17 NMSA 1978 as amended, shallnot be permitted to do business with the County of McKinley and shall notbe considered for award of the contract during the period for which it isdebarred or suspended with the County of McKinley.

4.3.7 SUBMITTAL OF PROPOSALS

4.3.7.1 Proposals shall be submitted at the time and place indicated in the Noticeof Request for Proposals and shall be included in an opaque sealedenvelope.

4.3.7.2 The envelope shall be addressed to the Procurement Officer of theCounty of McKinley. The following information shall be provided on thefront lower left corner of the envelope: Project Title, Request forProposal Number, date of opening, and time of opening. If the Proposalis sent by mail, the sealed envelope shall have the notation “SEALEDPROPOSAL ENCLOSED” on the face thereof.

4.3.7.3 Proposals received after the date and time for receipt of Proposals will bereturned unopened.

4.3.7.4 The Offeror shall assume full responsibility for timely delivery ofproposals at the Purchasing Officer’s office, including those proposalssubmitted by mail. Hand-delivered proposals shall be submitted to the


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Purchasing Officer or his designee and will be clocked in/time stamped atthe time received, which must be prior to the time specified.

VIA MAIL HAND DELIVEREDOFFICE OF THE MANAGER OFFICE OF THE MANAGERCOUNTY OF McKINLEY COUNTY COURTHOUSE, 3RD FLOORPOST OFFICE BOX 70 207 WEST HILLGALLUP, NM 87305-0070 GALLUP, NM 87301

4.3.7.5 After the date established for receipt of proposals, a register of proposalswill be prepared which includes the name of each Offeror, a descriptionsufficient to identify the service, and such other information as may bespecified by the Purchasing Officer.

4.3.7.6 Oral, telephonic, or telegraphic proposals are invalid and will not receiveconsideration.

4.3.8 CORRECTION OR WITHDRAWAL OF PROPOSALS

4.3.8.1 A Proposal containing a mistake discovered before proposal openingmay be modified or withdrawn by an Offeror prior to the time set forproposal opening by delivering written or telegraphic notice to thelocation designated in the Request for Proposals as the place whereProposals are to be received.

4.3.8.2 Withdrawn Proposals may be resubmitted up to the time and datedesignated for the receipt of Proposals, provided they are then fully inconformance with the Request for Proposals.

4.3.9 NOTICE OF CONTRACT REQUIREMENTS BINDING ON OFFEROR

4.3.9.1 In submitting this proposal, the Offeror represents that the Offeror hasfamiliarized himself with the nature and extent of the Request forProposals dealing with federal, state, and local requirements, which are apart of these Request for Proposals.

4.3.9.2 Laws and Regulations: The Offeror’s attention is directed to allapplicable federal and state laws, local ordinances and regulations andthe rules and regulations of all authorities having jurisdiction over theservices of the Project.

4.3.10 REJECTION OR CANCELLATION OF PROPOSALS

4.3.10.1This Request for Proposals may be canceled, or any or all proposalsmay be rejected in whole or in part, when it is in the best interest of theCounty of McKinley. A determination containing the reasons thereforeshall be made part of the RFP file (13-1-131 NMSA 1978).

4.4. CONSIDERATION OF PROPOSALS

4.4.1 RECEIPT, OPENING AND RECORDING


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4.4.1.1 Proposals received on time will be opened publicly or in the presence oftwo witnesses and the name of the Offeror and address will be readaloud.

4.4.1.2 The names of all businesses submitting proposals and the names of allbusinesses, if any, selected for interview shall be public information.After an award has been made, final ranking and evaluation scores for allproposals shall become public information. (13-1-120 NMSA 1978). Thecontents of any proposal shall not be disclosed so as to be available tocompeting Offerors during the negotiation process (13-1-116 NMSA1978).

4.4.2 PROPOSAL EVALUATION

4.4.2.1 Proposals shall be evaluated on the basis of demonstrated competenceand qualification for the type of service required, and shall be based onthe evaluation factors set forth in this RFP. For the purpose ofconducting discussions, proposals may initially be classified as:

1) acceptable2) potentially acceptable, that is, reasonably

assured of being made acceptable, or3) unacceptable (Offerors whose proposals are

unacceptable shall be notified promptly).

4.4.2.2 The County of McKinley shall have the right to waive technicalirregularities in the form of the Proposal of the Offeror, which do notalter the quality of the services (13-1-132 NMSA 1978).

4.4.2.3 If an Offeror who otherwise would have been awarded a contract is foundnot to be a responsible Offeror, a determination that the Offeror is not aresponsible Offeror, setting forth the basis of the finding, shall beprepared by the Procurement Officer. The unreasonable failure of theOfferor to promptly supply information in connection with an inquiry withrespect to responsibility is grounds for a determination that the Offeror isnot a responsible Offeror (13-1-133 NMSA 1978). Businesses, whichhave not been selected, shall be so notified in writing within twenty-onedays after an award is made (13-1-120 NMSA 1978).

4.4.2.4 Selection Process: 13-1-120 NMSA 1978)

1) The evaluation of proposals will be performed by an evaluationcommittee composed of representatives selected by the County ofMcKinley. The committee shall evaluate statements of qualificationsand performance data submitted by at least three businesses inregard to the particular request and may conduct interviews with andmay require public presentation by all businesses applying forselection regarding their qualifications, their approach and their abilityto furnish the required services.

2) If fewer than three businesses have submitted a statement ofqualifications for a particular RFP, the committee may:a) rank in order of qualifications and submit to the County of

McKinley for award those businesses which have submitted astatement of qualifications; or


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b) recommend termination of the selection process and request ofnew notices of the proposed procurement to be sent out (13-1-104 NMSA 1978).

4.4.3 NEGOTIATIONS (13-1-122 NMSA 1978)

4.4.3.1 The County of McKinley’s designee shall negotiate a contract with thehighest qualified business for the services contemplated under this RFPat compensation determined in writing to be fair and reasonable. Inmaking this decision, the designee(s) shall take into account theestimated value of the services to be rendered and the scope, complexityand professional nature of the services.

4.4.3.2 Should the designee(s) be unable to negotiate a satisfactory contract withthe business considered to be the most qualified at a price determined tobe fair and reasonable, negotiations with that business shall be formallyterminated. The designee(s) shall then undertake negotiations with thesecond most qualified business. Failing accord with the second mostqualified business, the designee(s) shall formally terminate negotiationswith that business.

4.4.3.3 The designee(s) shall then undertake negotiations with the third mostqualified business.

4.4.3.4 Should the designee(s) be unable to negotiate a contract with any of thebusinesses selected by the committee, additional businesses shall beranked in order of their qualifications and the designee(s) shall continuenegotiations in accordance with this section until a contract is signed witha qualified business or the procurement process is terminated and a newrequest for proposals is initiated.

4.4.3.5 The County of McKinley will publicly announce the business selected foraward.

4.4.4 NOTICE OF AWARD

4.4.4.1 After award by the County of McKinley, a written notice of award shall beissued by the County of McKinley with reasonable promptness (13-1-100and 13-1-108 NMSA 1978).

4.5. POST-PROPOSAL INFORMATION

4.5.1 PROTESTS

4.5.1.1 Any Offeror who is aggrieved in connection with a solicitation or awardmay protest to the County of McKinley Purchasing Officer in accordancewith the requirements of the County of McKinley’s ProcurementRegulations and the State Procurement Code. The protest should bemade in writing within 24 hours after the facts or occurrences giving risethereto, but in no case later than 15 calendar days after the facts oroccurrences giving rise thereto (13-1-172 NMSA 1978).


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4.5.1.2 In the event of a timely protest under this section, the Purchasing Officerand the County of McKinley shall not proceed further with theprocurement unless the Purchasing Officer makes a determination thatthe award is necessary to protect substantial interests of the County ofMcKinley (13-1-173 NMSA 1978).

4.5.1.3 The Purchasing Officer or his designee shall have the authority to takeany action reasonably necessary to resolve a protest of an aggrievedOfferor concerning procurement. This authority shall be exercised inaccordance with adopted regulations, but shall not include the authorityto award money damages or attorney’s fees (13-1-174 NMSA 1978).

4.5.1.4 The Purchasing Officer or his designee shall promptly issue adetermination relating to the protest. The determination shall:

1) state the reasons for the action taken; and2) inform the Protestant of the right to judicial

review of the determination (13-1-183 NMSA 1978).

4.5.1.5 A copy of the determination issued under 13-1-175 NMSA 1978 shallimmediately be mailed to the Protestant and other Offerors involved inthe procurement (13-1-176 NMSA 1978).

4.5.2 EXECUTION AND APPROVAL OF AGREEMENT

4.5.2.1 The Agreement shall be signed by the Successful Offeror and returnedwithin an agreed upon time frame after the date of the Notice of Award.No Agreement shall be effective until it has been fully executed by all ofthe parties thereto.

4.5.3 NOTICE TO PROCEED

4.5.3.1 The County of McKinley will issue a written Notice to Proceed to theOfferor.

4.5.4 OFFEROR’S QUALIFICATION STATEMENT

4.5.4.1 Offeror to whom award is under consideration shall submit, upon request,information and data to prove that their financial resources, production orservice facilities, personnel, and service reputation and experience areadequate to make satisfactory delivery of the services described in theRequest for Proposals (13-1-82 NMSA 1978)

4.6. OTHER INSTRUCTIONS TO OFFERORS (If NONE, write None)

4.6.1 EQUAL OPPORTUNITY COMPLIANCE/WORKERS’ COMPENSATION:

4.6.1.1 McKinley County does not discriminate on the basis of race, color,national origin, sex, religion, age, or disability in the employment or theprovisions of services. The Contractor agrees to comply strictly with thepolicies of County, as well as all Federal and State Laws pertaining toEqual Employment Opportunity, including the Americans with DisabilitiesAct, and will not discriminate against any person or deny any personparticipation or benefit from the performance of this Agreement as aresult of any discriminatory action. The Contractor agrees to comply with


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State Laws and rules applicable to workers’ compensation benefits for itsemployees. If the Contractor fails to comply with the Workers’Compensation Act and applicable rules when required to do so, theCounty may terminate this agreement.

4.6.2 OSHA REQUIREMENTS IN EMPLOYMENT:

4.6.2.1 McKinley County shall contract with Companies or Firms whoseoperators and equipment meet OSHA (Occupational Safety and HealthAdministration) standards in their field of expertise and shall also complywith the McKinley County Loss Control Manual as if an employee ofMcKinley County.

4.6.3 LOCKOUT-TAGOUT POLICY:

4.6.3.1 McKinley County has adopted standard procedures for Lockout-Tagoutfor energy isolating devices. Companies or firms under contract withMcKinley County shall provide the County’s Safety Officer with theirLockout/Tagout procedures or comply with the County’s Lockout/Tagoutprocedures.

4.6.4 HAZARDOUS COMMUNICATION PROGRAM:

4.6.4.1 McKinley County has adopted standard procedures for the Hazard Communicationprogram otherwise referred to as the: “Right to Know Law”, to provide knowledge,warning, protection and other materials. Companies or firms under contract withMcKinley County shall provide the County’s Safety Officer or his designee, with their“Hazard Communication Program” procedures to comply with the County’s HazardCommunication Program procedures.


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SECTION 5 GENERAL TERMS AND CONDITIONS

5.1 GOVERNING LAW

5.1.1 The Agreement shall be governed exclusively by the laws of the State of NewMexico as the same from time to time exist.

5.2 INDEPENDENT CONTRACTORS

5.2.1 The Offeror and his agents and employees are independent Contractors and arenot employees of County of McKinley. The Offeror and his agents andemployees shall not accrue leave, retirement, insurance, bonding, use of Countyof McKinley vehicles, or any other benefits afforded to employees of the Countyof McKinley as a result of the Agreement.

5.3 BRIBES, GRATUITIES AND KICK-BACKS

5.3.1 Pursuant to 13-1-191 NMSA 1978, reference is hereby made to the criminal lawsof New Mexico (including 30-14-1, 30-24-2, and 30-41-1 through 30-41-3 NMSA1978) which prohibit bribes, kickbacks, and gratuities, violation of whichconstitutes a felony. Further, the Procurement Code (13-1-28 through 13-1-199NMSA 1978) imposes civil and criminal penalties for its violation.

5.4 STANDARD FORM OF AGREEMENT BETWEENCONTRACTING AGENCY AND OFFERER

5.4.1 The form of agreement required by the funding agency or issued by the Countyof McKinley will be used for this project. Copies are available and may bereviewed upon request.

5.5 FEES

5.5.1 A lump sum fixed fee for Basic Service will be negotiated with the Offerorselected.

5.6 FUNDING

5.6.1 This solicitation is subject to the availability of funds to accomplish the work.

5.7 CONTACT WITH COUNTY OF McKINLEY OFFICIALSOR STAFF MEMBERS

5.7.1 Prior to, and after submittal of proposal, prospective Offerors shall not makecontact with any official or staff member regarding this RFP, other than contactto obtain a copy of this RFP.

5.8 LIABILITY INSURANCE

The Offeror [ X ] will [ ] will not be required to carry liability (errors andomissions) insurance. If required to carry such insurance, the amount ofcoverage will be $150,000.00. ATTACHMENT A


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CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract withany state agency or local public body for professional services, a design and build projectdelivery system, or the design and installation of measures the primary purpose ofwhich is to conserve natural resources must file this form with that state agency or localpublic body. This form must be filed even if the contract qualifies as a small purchase or a solesource contract. The prospective contractor must disclose whether they, a family member or arepresentative of the prospective contractor has made a campaign contribution to an applicablepublic official of the state or a local public body during the two years prior to the date on whichthe 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 ofcontributions given by the prospective contractor, a family member or a representative of theprospective contractor to the public official exceeds two hundred and fifty dollars ($250) overthe two year period.

Furthermore, the state agency or local public body shall void an executed contract or cancel asolicitation or proposed award for a proposed contract if: 1) a prospective contractor, a familymember of the prospective contractor, or a representative of the prospective contractor gives acampaign contribution or other thing of value to an applicable public official or the applicablepublic official’s employees during the pendency of the procurement process or 2) a prospectivecontractor fails to submit a fully completed disclosure statement pursuant to the law.

THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOTTHEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANYCONTRIBUTIONS SUBJECT TO DISCLOSURE.

The following definitions apply:

“Applicable public official” means a person elected to an office or a person appointed tocomplete a term of an elected office, which has the authority to award or influencethe award of the contract for which the prospective contractor is submitting acompetitive sealed proposal or who has the authority to negotiate a sole source orsmall purchase contract that may be awarded without submission of a sealedcompetitive proposal.

“Campaign Contribution” means a gift, subscription, loan, advance or deposit of moneyor other thing of value, including the estimated value of an in-kind contribution, that ismade 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 theofficial to either statewide or local office. “Campaign Contribution” includes the paymentof a debt incurred in an election campaign, but does not include the value of servicesprovided without compensation or unreimbursed travel or other personal expenses ofindividuals who volunteer a portion or all of their time on behalf of a candidate orpolitical committee, nor does it include the administrative or solicitation expenses of apolitical committee that are paid by an organization that sponsors the committee.

“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


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public notice of the request for proposals and ending with the award of the contract orthe cancellation of the request for proposals.

“Person” means any corporation, partnership, individual, joint venture, association orany other private legal entity.

“Prospective contractor” means a person who is subject to the competitive sealedproposal process set forth in the Procurement Code or is not required to submit acompetitive sealed proposal because that person qualifies for a sole source or a smallpurchase contract.

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

DISCLOSURE OF CONTRIBUTIONS:

Contribution Made By: __________________________________________

Relation to Prospective Contractor: __________________________________________

Name of Applicable Public Official: _________________________________________

Date Contribution(s) Made: ____________________________________________________________________________________

Amount(s) of Contribution(s) ____________________________________________________________________________________

Nature of Contribution(s) ____________________________________________________________________________________

Purpose of Contribution(s) ____________________________________________________________________________________

(Attach extra pages if necessary)

__________________________________Company

___________________________ _______________________Signature Date

___________________________Title (position)


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GENERAL CONTRACTOR’S STATEMENT OF QUALIFICATION

PART 11. ORGANIZATION

Name:

Address:

Principal Office

[ ] Corporation [ ] Partnership [ ] Sole Proprietorship [ ] Joint Venture

[ ] Other

a. How many years has your organization been in business as a Contractor?

b. How many years has your organization been in business under its present businessname? ________

c. Under what other or former names has your organization operated?

2. LICENSING

a. Name of license holder (or qualifying party) exactly as on file with the State of NewMexico Construction Industries Division:

b. License Classification: License Code:

c. License Number:

d. Issue Date: Expiration Date:

e. Is the firm’s contractor’s license free of ever being suspended or revoked by the CIDor by the appropriate licensing agency in any other state?

[ ] Yes, Free of suspension or revocation [ ] No (Explain)

f. Does your firm hold all applicable Business licenses required by State (NewMexico)or Local (Gallup, McKinley County) Law?

License Number: ____________________ Jurisdiction: _____________________

Name of License Holder, exactly as it appears on file with jurisdictional authorities.

ATTACHMENT B


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Issue Date: Expiration Date:

License Number: Jurisdiction:


Issue Date: Expiration Date:

g. Is your firm registered with the State of New Mexico, State Purchasing Departmentwith a Resident Preference Number? (See Instructions to Bidder)

Resident Preference Number: Issue Date:Name of Number holder, exactly as it appears on file with State Purchasing.

h. Is your firm free from formal debarment from public works, federal, state, or localjurisdictions?

[ ] Yes [ ] No (attach explanation)

3. EXPERIENCE

a. Has your firm completed one (1) or more Detention Facilities (new, addition and/orrenovation) project of similar complexity or more since 1998? Complete AttachmentA for five (5) maximum projects listed

[ ] Yes Number: [ ] No

Project 1 Name:

Project 2 Name:

Project 3 Name:

Project 4 Name:

Project 5 Name:

b. Has your firm completed one (1) or more projects since 1998 that is valued at $7Million construction cost? Complete Attachment B for five (5) maximum projectslisted.

[ ] Yes Number: [ ] No

Project 1 Name:

Project 2 Name:

Project 3 Name:


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Project 4 Name:

Project 5 Name:

c. State the average annual amount of construction work performed during the pastfive years:

d. Also on Attachment B, list major construction projects your organization has inprogress, giving the name of the project, owner, architect, contract amountpercentage of competition and scheduled completion date.

e. List the categories of work that your organization normally performs with its ownforces.

4. KEY PERSONNEL EXPERIENCE

Please note that more consideration will be given to those meeting or exceeding therequired qualifications state below.

a. Does your assigned Project Manager have the following minimum qualifications andexperience? (Attach Resume in format shown at Attachment C)

(1) At least ten (10) year experience in the construction industry?

[ ] Yes Number Years:__________ [ ] No

(2) Experience on at least one (1) construction type as identified in 3a?

[ ] Yes Number Project:__________ [ ] No

(3) Experience as a Project Manager on one (1) or more construction projectsvalued at $7,000,000 or more?


b. Does your assigned Project Superintendent have the following minimumqualifications and experience? (Attach Resume in format shown at Attachment C)

(1) At least ten (10) years experience in the construction industry?




(3) Experience as a Project Superintendent on one (1) or more construction projectsvalued at $7,000,000 or more?


c. Does your assigned Safety Program Manager have the following qualifications andexperience? (Attach Resume in format shown at Attachment C)


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(1) At least five (5) years experience in a safety management role?




d. List the individuals your firm will assign as your project management team, and therole/functions each individual will perform during the construction/occupancy phase.

(1) Project Manager: Years with your firm:

Present Position/Job Title: Years in this Position:

List other project(s) this person has had similar role for the past ten (10) years.

Is your Project Manager a Principal or Officer of the firm?: [ ] Yes [ ] No

(2) Superintendent: Years with your firm:



Is your Superintendent a Principal or Officer of the firm?: [ ] Yes [ ] No


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(3) Safety Manager: Years with your firm:



Is your Safety Manager a Principal or Officer of the firm?: [ ] Yes [ ] No

(4) QA/QC Manager: Years with your firm:



Is your QA/QC Manager a Principal or Officer of the firm?: [ ] Yes [ ] No

e. Please include a wire organizational diagram (Attachment D) of the managementteam that will be assigned to this project. Identify relationships, duties andresponsibilities and key roles of each individual

5. CAPACITY AND CAPABILITY TO PERFORM THE WORK

a. Resources

(1) Total number of current employees: Project Manager:


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Estimator:

Superintendents:

Foremen:

Tradesmen:

Administration:

Other:

(2) Does your firm have the immediate capacity to perform the work required for thisproject?

[ ] Yes [ ] No

b. Please list all projects currently under contract valued over $10,000,000 withscheduled completion dates. (Attachment E)

[ ] See Attachment [ ] None

6. SURETY

a. Firm’s current surety company:Will this surety be used for the construction contract for this project?

[ ] Yes [ ] No (Explain)

Contact Agency: Name: Telephone:

Years utilizing this surety: Maximum Capacity:

b. Is the surety company to be used on this project licensed to do business in the Stateof New Mexico?


c. Is your firm free of having any construction contracts taken over by a surety forcompletion in the pass five (5) years?


d. Has your firm used other surety companies since 2002? [ ] Yes (list) [ ] No

Surety Company Contact




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e. Is your firm able to obtain bonding in the amount required for the completion of thisproject? Please provide a notarized declaration from the surety identified above,stating the amount of bonding capacity available to your firm for this project atAttachment F.


7. SAFETY

a. Does your firm have a written safety program compliant with current Stateregulations? Provide one (1) copy of your firm’s written safety program atAttachment G.


b. Provide a list of key safety personnel, including the designated safety manager whowill be assigned to this project, and list specific duties.

Name and Title Specific Duties

c. Provide the Experience Modification Rate for the past five (5) years:

/ / / /

d. Provide the Recordable Incident Rate for the past calendar Year:

e. Is your firm free of committing serious or willful violation of federal or state safetylaws as determined by a final non-appealable decision of a court or governmentagency?


8. INSURANCE & CLAIMS HISTORY

a. Is your firm free from any court judgments, pending litigation, arbitration and finalagency decisions filed within the last five (5) years in a construction related matter inwhich the contractor, or any officer, is or was party?


35


b. Has your firm during the past five (5) years been free of a determination by a courtof competent jurisdiction that it filed a false claim with any Federal, State, or localgovernment entity?


c. Does your firm have the ability to provide the required insurance in the limit stated inthe project documents (General Liability at $2M per occurrence and ComprehensiveAuto and property damage at $1M per occurrence and $2M in the aggregate)?


d. Please provide a letter from an insurance carrier stating that the firm is able toobtain insurance in the limits stated as Attachment H.

9. QUALITY ASSURANCE

a. Does your firm have a written Quality Assurance Program?

[ ] Yes [ ] No

b. Provide one (1) copy of the written Assurance Program (Attachment I).

10. PROJECT SCHEDULING

a. Does your firm use computerized scheduling?

[ ] Yes [ ] No

b. If yes, which program and versions are used? Please list.

c. Has the firm been involved with a construction project within the past ten (10) years,where the schedule was not met?

[ ] Yes [ ] No

d. If yes, please indicate the projects (refer to Attachment A and B).

(1) Project:

Reason for Delay:

(2) Project:


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Reason for Delay:

(3) Project:

Reason for Delay:

e. Has the firm been assessed liquidated damages due to scheduling for any project inthe past ten (10) years? (Refer to Attachment A and B)

[ ] Yes [ ] No

f. If yes, List Project:

11. LABOR CODE VIOLATIONS

a. Has your firm, during the past five (5) years, been free of any determinations by acourt or an administrative agency of repeated or willful violations of laws and/orregulations pertaining to the payment of prevailing wages or employment ofapprentices of public works project?


b. Please provide documentation to substantiate this (Attachment J)

c. Is the firm free of al Sub-contractor Fair Practices Act violation for the past five (5)years?


12. AFIRMATIVE ACTION POLICY

a. Does your firm have an active Affirmative Action Policy?


b. Provide one (1) copy of the current policy (Attachment K).

13. MANAGEMENT PLANOn a separate sheet, please describe how you would manage this project, includingstaffing, technical approach to the project and your proposed schedule, should you beawarded this construction project. What challenges do you see on this project? Do yousee any opportunity for value engineering & the estimated cost savings and acceleratingthe schedule? Explain.

Please comment on how your team will make the County of McKinley happy.(Attachment L).


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14. CONTRACTOR’S COMMENTS

a. Please provide further explanation of items indicated requiring explanation, orother additional information to further explain any of the questions asked inthis Qualification Statement (Attachment M).

b. Additional information provided as outlined in the Request for Proposal(written qualification limitation of 15 pages) will be attached as Attachment N.

The undersigned certifies that all of the Qualification information submitted with thisform is true and correct.

Name and Title Firm Name

Signature Address of Firm

E-mail Address City, State, Zip Code

Telephone


38

GENERAL CONTRACTOR’S STATEMENT OF QUALIFICATIONS

General Contractors are reminded to include a copy of each requested sub-contractor’sStatement of Qualifications with this Qualification Document.

ATTACHMENTS INCLUDED:(Please check all attachments included in this Submittal)

[ ] A Project Experience of Similar Complexity and Scope[ ] B Project Experience on Sites with Severe Restrictions[ ] C Resumes of Key Project Personnel[ ] D Project Management Wire Diagram[ ] E Current Active Project List Valued over $7,000,000[ ] F Notarized Declaration from Surety[ ] G One Copy of Written Safety Program[ ] H Letter from Insurance Carrier for Ability to Insure[ ] I Copy of Assurance Program[ ] J Substantiation of Non-violation of Labor Codes[ ] K One Copy of Written Affirmative Action Policy[ ] L Management Plan[ ] M Clarifications, and Explanations[ ] N Additional Information (Optional)

-------------------------END OF QUALIFICATION STATEMENT----------------------


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ATTACHMENT AREFERENCE: 3.a. Experience on a Detention facility of similar complexity since 1998.

COMPLETE ONE FORM FOR EACH PROJECT LISTED ON THE QUESTIONNAIRE (MAXIMUM 5)

PROJECT DESCRIPTION

Project Type: Contact Title:

Project Name: Contact Name:

Owner: Contact Phone No:

DESIGN PROFESSIONAL

Name: Phone Number:

Contact: Title:

Gross Building Area (Sq Ft): [ ] New [ ] Addition [ ] Renovation

Project Start Date: Completion Date:

Original Contract Amount: $ Original Contract Duration (days)

Final Contract Amount Final Contract Duration (days)With all Change Orders: $ With All Time Extensions:

PROJECT EXECUTION

Were Liquidated Damages Assed on this Project? [ ] No [ ] Yes days _____ $

Percentage of Work Subcontracted: __ % Contract Type: [ ] Competitive Bid Lump Sum

[ ] Negotiated Lump Sum

Major Subcontractors: [ ] Guaranteed Maximum Price

[ ] Other (Describe)

Mechanical

Electrical

Plumbing

Concrete

Fire

Protection

CUSTOMER SATISFACTION

How was this measured? [ ] Customer Survey Attached [ ] Yes [ ] No [ ] Other (describe)


40


ATTACHMENT BREFERENCE: 3.b. Experience on a project valued at $7 Million or more.

COMPLETE ONE FORM FOR EACH PROJECT LISTED ON THE QUESTIONNAIRE (MAXIMUM 5)

PROJECT DESCRIPTION

Project Type: Contact Title:

Project Name: Contact Name:

Owner: Contact Phone No:

DESIGN PROFESSIONAL

Name: Phone Number:

Contact: Title:

Gross Building Area (Sq Ft): [ ] New [ ] Addition [ ] Renovation

Gross Site Area (Sq Ft ±) Heavy Traffic [ ] Vehicle [ ] Pedestrian

Describe site constraints, major excavation, and traffic difficulties for this project.

Describe site management practices used to overcome the difficulties


41


ATTACHMENT CREFERENCE: 4.a, b c. Resumes.

ATTACH ONE (1) PAGE RESUMES OF THE PROPOSEDPROJECT MANAGER

PROJECT SUPERINTENDENTSAFETY PROGRAM MANAGER

OTHER KEY PERSONNEL (OPTIONAL)

1.0 EDUCATION

High School, College, Trade Schools, Trade Seminars, Trade/Management SpecializedCourses, etc.

2.0 RELATED EXPERIENCE

Related experience should include the Position Title, Duties and Responsibilities, MajorAccomplishments, and Number of Personnel Supervised.

Related experience must cover, at a minimum, the time period identified in theStatement 4a(1), b(1), and c(1).

3.0 PROJECT EXPERIENCE

Identify project experience requested in the Statement at 4a(2)(3), 4b(2)(3), and 4c(2).Include the Project Title and Location.

4.0 Other information that demonstrates the individual’s strengths for this project.

5.0 Project Professionals and Project Owner Reference may be included.


42


ATTACHMENT DREFERENCE: 4.e Wire Diagram of Project Management Structure.

1. Indicate the relationship between the PM/Supt of the Subcontractors and the GCPM/SUPT.

2. Indicate the relationship of the Safety Manager of the Subcontractors and GC, and therelationship of the Safety Manager with others on the job site.

3. Indicate the relationship between the QA/QC manager with other personnel on the jobsite.

WIRE DIAGRAM SHOULD INCLUDETHE ENTIRE PROJECT TEAM,

SUBCONTRACTOR KEYPERSONNEL

AND SUPERVISION

FIRMPOSITION

NAME

FIRMPOSITION

NAME

FIRMPOSITION

NAME


43


ATTACHMENT E

REFERENCE: 5.b. Projects currently under contract valued over $7 Million.

START PROJECTEDPROJECT TITLE & LOCATION DATE COMPLETION


44


ATTACHMENT F

REFERENCE: 6.e. Notarized declaration of surety.

ON LETTERHEAD OF SURETY ORGANIZATION


45


ATTACHMENT G

REFERENCE: 7.a. Copy of Firm’s written Safety Plan.

SUBMIT ONLY ONE COPY WITH SUBMITTAL PACKET


46


ATTACHMENT H

REFERENCE: 8.d. Letter from Insurance Carrier.

ON LETTERHEAD OF INSURANCE CARRIER ORGANIZATION


47


ATTACHMENT IREFERENCE: 9.b Written Assurance Program.

SUBMIT ONLY ONE COPY WITH SUBMITTAL PACKET


48


ATTACHMENT J

REFERENCE: 11.b Affidavit of non-violation of Labor codes.

Name of Firm:Address:

ProjectReference: County of McKinley

Juvenile Detention Center Request for Proposal No: _______Affidavit of Non-violation of Labor Codes

TO: County of McKinleyP.O. Box 70Gallup, NM 87305

The undersigned officer of ______________________________________________herebystates that __________________________________________ has, during the past five yearsbeen free of any determinations by a court or an administrative agency, of repeated or willfulviolations of laws and/or regulations pertaining to the payment of prevailing wages oremployment of apprentices of public works projects.

___________________________________Name

___________________________________Title

___________________________________Signature

NOTARY

State of ))

County of )

Signed or attested before me on _______________ by ____________________________

seal

My Commission Expires: _______________


49


ATTACHMENT K

REFERENCE: 12.b Copy of Affirmative Action Policy.

Submit one (1) copy of the Firm’s Affirmative Action Policy.


50


ATTACHMENT L

REFERENCE: 13 Management Plan


51


ATTACHMENT M

REFERENCE: 14.a Additional Information

Additional written explanations or comments required for clarification of items contained in theStatement of Qualifications.

ITEM REFNUMBER COMMENTS


52


ATTACHMENT N

REFERENCE: 14.b Additional Information

Additional written qualifications (optional) are limited to a maximum of fifteen (15) pages oftext/photos, single sided, excluding a single cover letter, title page, table of contents, dividersand covers. Material should be limited to 8-1/2” x 11” format.


53

SUB CONTRACTOR’S STATEMENT OF QUALIFICATION

PART 2

[ ] Mechanical [ ] Electrical [ ] Plumbing [ ] Fire Protection

1. ORGANIZATION

Name:

Address:

Principal Office:

[ ] Corporation [ ] Partnership [ ] Sole Proprietorship [ ] Joint Venture

[ ] Other

a. How many years has your organization been in business as a Contractor?

b. How many years has your organization been in business under its present businessname?

c. Under what other or former names has your organization operated?

2. LICENSING

a. Name of license holder (or qualifying party) exactly as on file with the State of NewMexico Construction Industries Division:

b. License Classification: License Code:

c. License Number:

d. Issue Date: Expiration Date:

e. Is the firm’s contractor’s license free of ever being suspended or revoked by the CIDor by the appropriate licensing agency in any other state?

[ ] Yes, Free of suspensions or revocation [ ] No (Explain)

f. Does your firm hold all applicable Business licenses required by State (New Mexico)or Local (Gallup, McKinley County) Law?

License Number: Jurisdiction:

ATTACHMENT C


54


Issue Date: _____________________ Expiration Date: _____________________

License Number: ___________________ Jurisdiction: ______________________Name of License Holder, exactly as it appears on file with jurisdictional authorities.


License Number: ___________________ Jurisdiction: ______________________Name of License Holder, exactly as it appears on file with jurisdictional authorities.


g. Is your firm registered with the State of New Mexico, State Purchasing Departmentwith a Resident Preference Number? (See Instructions to Bidders).Resident Preference Number: ________________ Issue Date: ____________Name of Number holder, exactly as it appears on file with State Purchasing.

h. Is your firm free from formal debarment from public works, federal, state, or localjurisdictions? [7.3.3.4.5] [ ] Yes [ ] No (attach explanation)

3. EXPERIENCE (In Addition to AIA Document A305)

a. Has your firm completed one (1) or more Detention Facilities (new, addition and/orrenovation) project of similar complexity or more since 1998? Complete AttachmentA for three (3) maximum projects listed. [7.3.3.1]

[ ] Yes Number: _________ [ ] No

Project 1 Name:

Project 2 Name:

Project 3 Name:

b. Has your firm completed one (1) or more projects since 1998 that involvesinternal occupants valued at $400,000 (MECHANICAL), $400,000(ELECTRICAL), $100,000 (FIRE PROTECTION), $200,000 (PLUMBING)construction cost? Complete Attachment B for three (3) maximum projectslisted.

[ ] Yes Number: _________ [ ] No

Project 1 Name:


55

Project 2 Name:

Project 3 Name:

4. KEY PERSONNEL EXPERIENCE

Please note that more consideration will be given to those meeting or exceeding therequired qualifications stated below.

a. Does your assigned Project Manager have the following minimum qualifications andexperience? (Attach Resume in format shown at Attachment C)

(1) At least ten (10) years experience in the construction industry.

[ ] Yes Number Years: __________ [ ] No


[ ] Yes Number Projects: _________ [ ] No

(3) Experience as a Project Manager on one (1) or more projects requiring constructioncoordination of a project valued at a total construction cost of $7,000,000 or more?


b. Does your assigned Project Superintendent/Lead Forman have the followingminimum qualifications and experience? (Attach Resume in format shown atAttachment C)

(1) At least ten (10) years experience in the construction industry?




(3) Experience as a Superintendent/Lead Forman on one (1) or more projectsrequiring construction coordination of a project valued at a total constructioncost of $7,000,000 or more?


c. Does your assigned Safety Program Manager have the following minimumqualifications and experience? (Attach Resume in format shown at Attachment C)

(1) At least three (3) years experience in a safety management role?





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d. List the individuals your firm will assign as your project management team, and theroles/functions each individual will perform during the construction/occupancyphase.

(1) Project Manager: __________________________ Years with your firm: _____

Present Position/Job Title: ___________________ Years in this Position: _____

List other project(s) this person has had a similar role for the past ten (10) years.

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

Is your Project Manager a Principal or Officer of the firm? [ ] Yes [ ] No

(2) Supt/Lead Forman: ________________________ Years with your firm: ______


List other project(s) this person has had a similar role for the past ten (10) years.

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

Is your Superintendent a Principal or Officer of the firm? [ ] Yes [ ] No

(3) Safety Manager: __________________________ Years with your firm: ______


List other project(s) this person has had a similar role for the past three (3)years.

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

Is your Safety Manager a Principal or Officer of the firm? [ ] Yes [ ] No


57

(4) QA/QC Manager: _________________________ Years with your firm: ______


List other project(s) this person has had a similar role for the past five (5) years.

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

Is your QA/QC Manager a Principal or Officer of the firm? [ ] Yes [ ] No

5. CAPACITY AND CAPABILITY TO PERFORM THE WORK

a. Resources.

(1) Total number of current employees: Project Managers:

Estimators Superintendents

Foremen Tradesmen

Administration Others

(2) Does your firm have the immediate capacity to perform the work required for thisproject? [ ] Yes [ ] No

b. Please list all projects currently under contract valued over the amount stated in 3.awith scheduled completion dates. (Attachment E)

[ ] See Attachment [ ] None

6. SURETY

a. Firm’s current surety company:Will this surety be used for the construction contract for this project?

[ ] Yes [ ] No (explain)

Contact Agent: Name: _________________________ Telephone: ______________

Years utilizing this surety: _______________ Maximum Capacity: ______________

Aggregate Total of current surety in force:

b. Is the surety company to be used on this project licensed to do business in the Stateof New Mexico?


58

[ ] Yes [ ] No (explain)

c. Is your firm free of having any construction contracts taken over by a surety or aGeneral Contractor for completion in the past five (5) years?


d. Has your firm used other surety companies since 2002? [ ] Yes (list) [ ] No

___________________________Surety company Contact



e. Is your firm able to obtain bonding in the amount required for the completion of thisproject? Please provide a notarized declaration from the surety identified above,stating the amount of bonding capacity available to your firm for this project atAttachment F.


7. SAFETY

a. Does your firm have a written safety program compliant with current Stateregulations? Provide one (1) copy of your firm’s written safety program atAttachment G.


b. Provide a list of key safety personnel, including the designated safety manager whowill be assigned to this project, and list specific duties.

Name and Title Specific Duties

c. Provide the Experience Modification Rate for the past five (5) years:

____________ / ____________ / ___________ / ____________ / ____________


59

d. Provide the Recordable Incident Rate for the past calendar Year: ______________

e. Is your firm free of committing serious or willful violations of federal or state safetylaws as determined by a final non-appealable decision of a court or governmentagency?


8. INSURANCE & CLAIMS HISTORY

a. Is your firm free from any court judgments, pending litigation, arbitration and finalagency decisions filed within the last five (5) years in a construction related matter inwhich the contractor, or any officer, is or was party?


b. Has your firm during the past five (5) years been free of a determination by a courtof competent jurisdiction that it filed a false claim with any Federal, State, or localgovernment entity?


c. Does your firm have the ability to provide the required insurance in the limit stated inthe project documents (General Liability and Comprehensive Auto at $1M peroccurrence and $5M in the aggregate)?


d. Please provide a letter from an insurance carrier stating that the firm is able toobtain insurance in the limits stated as Attachment H.

9. QUALITY ASSURANCE

a. Does your firm have a written Quality Assurance Program?

[ ] Yes [ ] No

b. Provide one (1) copy of the written Assurance Program (Attachment I).

10. PROJECT SCHEDULING

a. Does your firm use computerized scheduling?

[ ] Yes [ ] No

b. If yes, which programs and versions are used? Please list.

________________________________________________________________

________________________________________________________________

c. Has the firm been involved with a construction project within the past ten (10)years, where the schedule was not met?


60

[ ] yes [ ] No

d. If yes, please indicate the projects (refer to Attachment A and B).

(1) Project: ________________________________________________________

Reason for Delay: ________________________________________________

_______________________________________________________________

(2) Project: ________________________________________________________

Reason for Delay: ________________________________________________

_______________________________________________________________

(3) Project: ________________________________________________________

Reason for Delay: ________________________________________________

_______________________________________________________________

e. Has the firm been assessed liquidated damages due to scheduling for any project inthe past five (5) years? (Refer to Attachment A and B)

[ ] Yes [ ] No

f. If Yes, List Projects

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

11. LABOR CODE VIOLATIONS

a. Has your firm, during the past five (5) years, been free of any determinations by acourt or an administrative agency of repeated or willful violations of laws and/orregulations pertaining to the payment of prevailing wages or employment ofapprentices of public works projects?

[ ] Yes [ ] No

b. Please provide documentation to substantiate this (Attachment J)

c. Is the firm free of all Sub-contractor Fair Practices Act violations for the past five (5)years?


12. AFFIRMATIVE ACTION POLICY

a. Does your firm have an active Affirmative Action Policy?


61

[ ] Yes [ ] No

b. Provide one (1) copy of the current policy (Attachment K).

13. CONTRACTOR’S COMMENTS

a. Please provide further explanation of items indicated requiring explanation, or otheradditional information to further explain any of the questions asked in thisQualification Statement (Attachment M).

b. Additional information may be provided as outlined in the Request for Proposal,however it will be included in the General Contractor’s additional informationlimitation.

The undersigned certifies that all of the Qualification information submitted with this form is trueand correct.

Name and Title Firm Name

Signature Address of Firm

E-mail Address City, State, Zip Code

_________________________________Telephone


62

SUB CONTRACTOR’S STATEMENT OF QUALIFICATIONS

Subcontractor are reminded to include a copy of this Statement of Qualifications with eachGeneral Contractor submitting Qualification Documents.

ATTACHMENTS INCLUDED:(Please check all attachments included in this Submittal)

[ ] A Project Experience of Similar Complexity and Scope[ ] B Project Experience on Sites with Severe Restrictions[ ] C Resumes of Key Project Personnel

D NOT USED[ ] E Current Active Project List Valued over $7,000,000[ ] F Notarized Declaration From Surety[ ] G One Copy of Written Safety Program[ ] H Letter From Insurance Carrier for Ability to Ensure[ ] I Substantiation of Non-violation of Labor Codes[ ] J One Copy of Written Affirmative Action Policy[ ] K Clarifications, Explanations and Additional Information.

L NOT USED[ ] M Clarifications and Explanations

---------------------------------END OF QUALIFICATION QUESTIONNAIRE-------------------------------


63

SUB-CONTRACTORS LISTING REQUIREMENTS

PROJECT NAME:McKinley County Juvenile Detention Center Date:

Contractor:

Authorized Signature:

In accordance with New Mexico statutes Annotated 1978, as amended, Chapter 13, Section13-4-34, the following listing is required to beSupplied with this bid:

1. Name of each Subcontractor who will be performing work or labor orrendering services to the Contractor on this project whose total contractwill be in excess of $150,000.00.

2. Location of place of business of the Subcontractor.

3. Type of work or service to be performed by the Subcontractor.

Subcontractor Street Address Type of Work


64

SUBCONTRACTOR LISTING REQUIREMENTS

Subcontractor Street Address Type of Work


65

PROPOSAL FOR LUMP SUM CONTRACT

Date of Proposal:

New Mexico State Contractor's License No.

Resident Contractor's Preference Certificate No.

Contractor's New Mexico Gross Receipts Tax No.

Contractor's Federal Employee Identification No.

State of New Mexico, County of McKinley,RFP # 2008-56

Project Name: McKinley County Juvenile Detention Center

Proposal of (company name):(Hereinafter called the "Offeror") organized and existing under the laws of the State of NewMexico, doing business as a Corporation, Partnership or Individual. (Circle correct one).

To: County of McKinley, Gallup, New Mexico (hereinafter called the "Owner") for:

McKinley County Juvenile Detention CenterTo be located in Gallup, New Mexico

The undersigned, as an authorized representative for the Offeror named above, in compliancewith the Advertisement for RFP for Construction of the McKinley County JuvenileDetention Center having examined the drawings and specifications, with related documents,and having examined the site of the proposed work, and being familiar with all of the conditionssurrounding the construction of the proposed project, including the availability of labor,materials and supplies, hereby proposes to furnish all labor, materials and supplies, and toconstruct the project in accordance with the contract documents at the prices stated below.These prices are to cover all expenses incurred in performing the work required under thecontract documents, of which this proposal is a part.

ATTACHMENT D


66

The undersigned Offeror representative also acknowledges receipt of the following Addenda:

Addendum No: , dated , Addendum No: , dated_________________

Addendum No: ___, dated , Addendum No: , dated_________________

The following information is required for state reporting purposes only, and will not be used inevaluating or awarding the contract.

Is project material offered grown, produced or wholly manufactured in New Mexico?_______

Business Size / Classification:

Small Business Concern Disadvantaged Business Concern

Large Business Concern Women Owned Business Concern

BASE Price: The Offeror agrees to perform all work for the construction of the McKinleyCounty Juvenile Detention Center, as described in the Project Manual and as shown on theDrawings for the following lump sum: (Amounts to be shown in both words and figures. In caseof a discrepancy, the amount shown in words will govern, please print.) All sums will excludeNM Gross Receipts Tax.

Total Base Proposal Lump Sum:

Dollars, ($ )

Additive Alternate No. One Lump Sum: __________________________________________

_______________________________________________Dollars. ($____________________)

Additive Alternate No. Two LumpSum:___________________________________________

_______________________________________________Dollars. ($____________________)

The offeror understands that the contract will be awarded in accordance with the provisions ofthe Instructions to Bidders and that the Owner reserves the right to reject any or all bids and towaive any formalities in the bidding.

The Offeror agrees that this price will be good and may not be withdrawn for a period of sixty(60) calendar days after the scheduled closing time for receiving bids.


67

Upon receipt of written notice of acceptance of this Price, Offeror will execute the finalcontract and deliver surety bonds as required by the Instructions to Offeror within sevencalendar days. The Proposal Security attached in the sum of 5% of the amountproposed is:

Dollars, ($ )And will become the property of the Owner in the event the contract and bonds are notexecuted within the time set forth herein, as liquidated damages for the delay andadditional expenses to the Owner caused thereby.

Respectfully Submitted,

By :( Authorized Signature) Date:

By :( Same Name, Printed or Typed)

Title:

Company:

Address: Phone:

Zip:

Fax: Email:

(Affix Corporate Seal if bid by Corporation):

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