60-80500-26-EM011_Emergency_Procurement Onate Bridge Justification FINAL 02Mar2026 Signed.pdf.PDF

2022 Emergency Form

STATE OF NEW MEXICO

EMERGENCY DETERMINATION FORM

The emergency procurement method (NMSA 1978, Section 13-1-127) may only be used when the service, construction or item of tangible personal property procured:

1. is needed immediately to:

a. control a serious threat to public health, welfare, safety or property caused by a flood, fire, epidemic, riot, act of terrorism, equipment failure or similar event; or

b. plan or prepare for the response to a serious threat to public health, welfare, safety or property caused by a flood, fire, epidemic, riot, act of terrorism, equipment failure or similar event; and

2. cannot be acquired through normal procurement methods.

a. The agency entering into an emergency procurement should employ a competitive process to the extent practicable under circumstances.

The purchase or lease of heavy road equipment is not allowed under the emergency procurement statute.

The state purchasing agent or a central purchasing office that makes an emergency procurement shall outline its determination of the basis for the procurement and its selection of the contractor in writing and include the writing in the procurement file. (That writing can be made on this form.)

Promptly thereafter:

• the state purchasing agent shall post notice of the procurement on its website; or

• the central purchasing office shall post notice of the procurement on its website, if it maintains one, and shall transmit the notice to the state purchasing agent for posting on the state purchasing agent's website.

NOTE: the state purchasing agent or a central purchasing office that makes an emergency procurement to plan or prepare for the response to a serious threat to public health, welfare, safety or property caused by a flood, fire, epidemic, riot, act of terrorism, equipment failure or similar event shall account for the money spent in making the procurement and report on that accounting to the legislative finance committee and the department of finance and administration within sixty days after the end of the fiscal year in which the procurement was made.

I. Name of Agency: New Mexico Department of Transportation

Agency Chief Procurement Officer: Christina Baca

Telephone Number: 505-469-8800

EMERG05 Emergency Procurement Amendment No. 1

Docusign Envelope ID: 8945CD82-D560-4A7A-BEA6-5D3E0EB5D07C

II. Name of Contractor: AUI Inc.

Address of Contractor: PO Box 9825

Albuquerque, NM 87119

Amount of prospective contract: $1,804,114.00 plus $156,732.40 GRT (Española/Santa

Clara Pueblo @ 8.6875%) for a Total Amount of $1,960,846.40. Amount may change depending on field conditions and river flows.

Term of prospective contract: 10 Months

III. Thoroughly list the services (scope of work), construction or items of tangible personal property being procured:

This addendum supports Amendment No. 1 to Contract EMERG05 for interim scour stabilization at Bridge No. 1836 (Oñate Street Bridge) at Pier 10. The amendment revises the scope and quantities from the original conceptual emergency package to a constructible, safety-appropriate scope based on updated flow modeling and changing field conditions.

An additional underwater inspection was performed in late fall 2025. The inspection results were received after the conceptual plan had already been used as the basis for contractors to develop their proposed scopes of work and pricing. Because the inspection information was not available in time, the conceptual plan could not be updated prior to bid submittals. The later-received inspection findings indicated changing site conditions, requiring revisions to quantities and erosion control measures to maintain constructability and safety during higher spring runoff flows.

Updated flow modeling indicates that the originally conceptual stabilization measures are likely to be lost or damaged if spring runoff flows increase above approximately

1,000 cfs (cubic feet per second). The revised scope adds materials and work necessary to increase the maximum design flow that can be safely carried during construction and to better preserve the installed countermeasures, targeting approximately 1,500 cfs.

Revised scope elements include:

• Construction of bypass relief channels (P7, P8, and P9) and associated excavation and spoil hauling to reduce hydraulic demand at Pier 10 and support the increased maximum flow capacity (approximately 1,500 cfs) based on prior years run-off.

• Increase in area of disturbance from 1 acre to 2 acres to accommodate relief channel excavation, staging, and additional erosion control measures.

• Expanded SWPPP support and additional BMPs (including straw wattles) needed due to the increased disturbed area and relief channel work, including additional clearing/grubbing, seeding, and restoration quantities.

• Revised channel stabilization quantities and placement methods as required under the updated flow assumptions, including increased materials where needed to protect the work under higher flows.

IV. Provide an explanation for the justification of the procurement including a description of the emergency condition(s) requiring use of emergency procurement and the practicable competition utilized in compliance with NMSA 1978, Section 13-1-127.

An underwater inspection received in late February 2025 identified significant scour at and around Pier 10, including significant loss of riverbed material and exposure of bridge foundation elements. Subsequent engineering evaluation determined the condition represented a serious threat to public safety and property because a single major rainfall or high-flow event can accelerate scour in hours, not weeks, further reducing foundation support and triggering sudden undermining, settlement, or sudden catastrophic bridge failure with little, if any, practical warning.

The bridge was closed based on that determination because doing otherwise would be to knowingly put the travelling public at risk with an unaddressed, known structural vulnerability. Although a catastrophic failure has not occurred to date, but that outcome reflects timing, not the elimination of risk. The hazard will intensify quickly during future high-flow events and evolving scour conditions.

The bridge was designed using historic standards and assumptions that predate modern understanding of scour, hydraulic loading, and shallow foundation vulnerability developed through decades of engineering practice. Modern engineering practice explicitly recognizes these risks, and the observed conditions warrant emergency stabilization measures.

The Department is also evaluating longer-term alternatives to mitigate scour risk at the other bridge piers that are not currently in immediate danger, including additional inspection, hydraulic and geotechnical analysis, and development of permanent countermeasures as part of a future project.

A follow-up underwater inspection was performed in late fall 2025, and the results were received in December 2025 after the conceptual stabilization plan had already been provided to the contractor to develop their proposed scope of work and pricing.

Due to the timing of receipt, it was not feasible to incorporate the follow-up inspection findings into the conceptual plan. Because the repairs must be performed in the active river channel, work must be completed prior to spring runoff exceeding 1,500 cfs.

Work within the river cannot be performed once flows exceed approximately 1,500 cfs due to overtopping of the diversion.

The original emergency quantities and approach were conceptual and required refinement after updated flow modeling and constructability planning. The updated modeling indicates that, if spring runoff flows exceed approximately 1,000 cfs, the work and installed countermeasures are likely to be lost or damaged. Therefore, additional work and materials are required to increase the maximum flow capacity during construction to approximately 1,500 cfs and to better preserve the emergency stabilization measures. Additional recent underwater inspections also indicated changing site conditions that required adjustments to the stabilization approach and quantities.

V. Describe what measures are being taken to minimize the duration and effect of this particular emergency procurement (for example: is the emergency only in place until a competitive process can be completed, etc.).

This purchase order will be only in place until this emergency is resolved. We are anticipating that this construction will be completed by mid-May 2026.

VI. Describe what measures the Agency will take in the future to prevent/mitigate use of an emergency procurement under similar circumstances.

This bridge was built in 1940; the NMDOT now designs bridge structures to have footings or piles which are to depths which would survive scour caused by a 500 year flood event.

The NMDOT will determine if adding items to the Statewide Bridge Repair Price

Agreement is warranted in light of this project. Before putting it out for bid, the

NMDOT reviews the price agreement for changes such as this.

Funding Summary (for Amendment Support)

Reference Amount Notes

Original Contract NTE (less GRT) $1,517,750.00 Executed EMERG05

Revised Proposal Subtotal (less GRT) $1,804,114.00 Additional work/materials to increase max flow capacity

Estimated Revised NTE (incl. GRT @

8.6875%)

$1,960,846.40 Subject to Procurement confirmation of

GRT

Requested above the original NTE: $443,096.40

Certified by: Date: _______________

Agency Chief Procurement Officer

Agency Approval by: Date: _______________

Cabinet Secretary/Governmental Entity Head or Designee

Docusign Envelope ID: 8945CD82-D560-4A7A-BEA6-5D3E0EB5D07C

03/02/26

03/03/26