ENMRWS_Vol1_Bid_Specifications_APRIL2023.pdf

Eastern New Mexico Rural Water System

BID DOCUMENTS

Finished Water 3B Pipeline

Volume 1 of 3 Procurement and Contracting Requirements, and Division 01, Specifications

April 2023

EASTERN NEW MEXICO WATER UTILITY AUTHORITY

ROOSEVELT COUNTY, NEW MEXICO

BIDDING REQUIREMENTS

AND

CONTRACT DOCUMENTS

for the construction of the

EASTERN NEW MEXICO RURAL WATER SYSTEM

FINISHED WATER 3B PIPELINE

Commodity Codes:

91340 91360

Funding Sources:

U.S. Bureau of Reclamation Assistance Agreement: R20AC00022

Contract No.: ITB 23-0416-01

Volume 1 of 3

PROCUREMENT AND CONTRACTING REQUIREMENTS,

AND DIVISION 01, SPECIFICATIONS

BID DOCUMENTS

Albuquerque, New Mexico

April 2023

© JACOBS 2023. All rights reserved.

This document and the ideas and designs incorporated herein, as an instrument of professional service, is the property of JACOBS and is not to be used in whole or part, for any other project without the written authorization of JACOBS.

Project No. D3299311 Copy No.

PW\WBG\199704C\199704G FW3B SEALS PAGE

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SECTION 00 01 07

SEALS PAGE

PART 1 – PROCUREMENT REQUIREMENTS

PART 2 – CONTRACTING REQUIREMENTS

PART 3 – SPECIFICATIONS

DIVISION 01 – GENERAL REQUIREMENTS

DIVISION 09 – FINISHES

DIVISION 31 – EARTHWORK

DIVISION 32 – EXTERIOR IMPROVEMENTS

DIVISION 33 – UTILITIES

DIVISION 40 – PROCESS INTERCONNECTIONS

DIVISION 44 – POLLUTION AND WASTE CONTROL EQUIPMENT

James W. Honea, P.E.

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PART 3 – SPECIFICATIONS

DIVISION 02 – EXISTING CONDITIONS

Robert W. Martin, P.E.

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PART 3 – SPECIFICATIONS

DIVISION 03 – CONCRETE

DIVISION 05 – METALS

Thomas E. Paige, P.E.

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PART 3 – SPECIFICATIONS

DIVISION 26 – ELECTRICAL

26 42 00, 26 42 01, 26 42 02

Dean R. Wenger, P.E.

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PART 3 – SPECIFICATIONS

DIVISION 26 – ELECTRICAL

26 05 01, 26 05 33

Manika Gupta, P.E.

END OF SECTION

PW\WBG\199704C\199704G FW3B TABLE OF CONTENTS

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TABLE OF CONTENTS

Pages

VOLUME 1

PART 1—PROCUREMENT REQUIREMENTS

00 11 13 Invitation to Bid ..................................................................... 1- 2 00 21 13 Instructions to Bidders ........................................................... 1- 11

Supplements:

New Mexico Department of Workforce Solutions for Prevailing Rates (Type A-Street, Highway, Utility & Light Engineering) ....................................................................... 1- 11 Davis Bacon Wage Rates ....................................................... 1- 5

00 41 13 Bid Form (Unit Price Basis) ................................................... 1- 8 Supplements:

List of Proposed Subcontractors, Specialty Subcontractors, and Suppliers ...................................................................... 1- 1 Unit Price Bid Schedule ......................................................... 1- 1 Affidavit of Non-Collusion .................................................... 1- 1 Campaign Contribution Disclosure Form ............................... 1- 2 Bidder’s Qualification ............................................................ 1- 2 Bidder’s Qualification Form................................................... 1- 6

00 43 13 Bid Bond ............................................................................... 1- 2

PART 2—CONTRACTING REQUIREMENTS

CONTRACTING FORMS

00 52 13 Agreement ............................................................................. 1- 8

PROJECT FORMS

00 61 13.13 Performance Bond Form ........................................................ 1- 4 00 61 13.16 Payment Bond Form .............................................................. 1- 4

CONDITIONS OF THE CONTRACT

00 72 00 General Conditions ................................................................ 1- 52 00 73 00 Supplementary Conditions ..................................................... 1- 22

Pages

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PART 3—SPECIFICATIONS

DIVISION 01—GENERAL REQUIREMENTS

01 11 00 Summary of Work ................................................................. 1- 2 01 12 00 Surveying .............................................................................. 1- 4

Supplement:

Survey Codes and Data Report .............................................. 1- 1

01 22 13 Unit Price Measurement and Payment.................................... 1- 13 01 24 13 Value Engineering ................................................................. 1- 6 01 31 13 Project Coordination .............................................................. 1- 9 01 31 19 Project Meetings .................................................................... 1- 3 01 32 00 Construction Progress Documentation ................................... 1- 6 01 32 34 Photographic and Video Documentation ................................ 1- 4 01 33 00 Submittal Procedures ............................................................. 1- 9

Supplements:

Transmittal of Contractor’s Submittal Form ........................... 1- 1 Build America, Buy America Act .......................................... 1- 17 DRAFT Project Waiver ......................................................... 1- 3

01 41 26 Permits .................................................................................. 1- 4 01 42 13 Abbreviations and Acronyms ................................................. 1- 5 01 43 33 Manufacturers’ Field Services................................................ 1- 3

Supplements:

Manufacturer’s Certificate of Compliance ............................. 1- 1 Manufacturer’s Certificate of Proper Installation.................... 1- 1

01 45 16.13 Contractor Quality Control .................................................... 1- 9 01 45 33 Special Inspection, Observation, and Testing ......................... 1- 5 01 50 00 Temporary Facilities and Controls ......................................... 1- 12

Supplement:

Project Sign ........................................................................... 1- 1

01 55 26 Traffic Control ....................................................................... 1- 14 01 57 22 Temporary Environmental Controls ....................................... 1- 22 01 77 00 Closeout Procedures .............................................................. 1- 4 01 78 23 Operation and Maintenance Data ........................................... 1- 5

Supplement:

Maintenance Summary Form ................................................. 1- 2

01 88 15 Anchorage and Bracing.......................................................... 1- 5 01 91 14 Equipment Testing ................................................................. 1- 3

Supplement:

Facility Performance Demonstration/Certification Form ........ 1- 1

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VOLUME 2

DIVISION 02—EXISTING CONDITIONS

02 24 32 Backfill Grouting ................................................................... 1- 11 02 40 00 Tunneled Crossings ................................................................ 1- 7 02 42 00 Restoration and Clean-Up ...................................................... 1- 3 02 43 00 Auger Boring ......................................................................... 1- 15 02 44 00 Settlement Monitoring ........................................................... 1- 5 02 82 14 Asbestos Hazard Control Activities and Demolition of Septic Systems ................................................................ 1- 8

DIVISION 03—CONCRETE

03 30 10 Structural Reinforced Concrete .............................................. 1- 13 03 63 00 Concrete Doweling ................................................................ 1- 4

DIVISION 04 (NOT USED)

DIVISION 05—METALS

05 50 00 Metal Fabrications ................................................................. 1- 21 05 53 00 Metal Gratings ....................................................................... 1- 5

DIVISION 06 THROUGH DIVISION 08 (NOT USED)

DIVISION 09—FINISHES

09 90 04 Painting ................................................................................. 1- 18 Supplements:

Paint System Data Sheet (PSDS) ............................................ 1- 1 Paint Product Data Sheet (PPDS) ........................................... 1- 1

DIVISION 10 THROUGH DIVISION 25 (NOT USED)

DIVISION 26—ELECTRICAL

26 05 01 Electrical ................................................................................ 1- 38 26 05 33 Fiber Optic Raceway and Boxes............................................. 1- 8 26 42 00 Pipeline Grounding System .................................................... 1- 8 26 42 01 Pipe Bonding and Test Stations .............................................. 1- 18

Supplement:

Joint Bond Continuity Test Schematic.................................... 1- 1

26 42 02 Galvanic Anode Cathodic Protection System ......................... 1- 4

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DIVISION 27 THROUGH DIVISION 30 (NOT USED)

DIVISION 31—EARTHWORK

31 10 00 Site Clearing .......................................................................... 1- 4 31 23 13 Subgrade Preparation ............................................................. 1- 4 31 23 16 Excavation ............................................................................. 1- 6 31 23 19.01 Dewatering ............................................................................ 1- 4 31 23 23.15 Earthwork and Trench Backfill .............................................. 1- 24 31 32 19.16 Geotextile .............................................................................. 1- 9 31 37 00 Riprap .................................................................................... 1- 5 31 41 00 Shoring .................................................................................. 1- 3 31 60 00 Installation of Carrier Pipe in Steel Casing ............................. 1- 5

DIVISION 32—EXTERIOR IMPROVEMENTS

32 31 20 Fences and Gates ................................................................... 1- 17 32 91 13 Soil Preparation ..................................................................... 1- 6 32 92 00 Turf and Grasses .................................................................... 1- 14

DIVISION 33—UTILITIES

33 05 01 Conveyance Piping—General ................................................ 1- 16 Supplement:

Coordinated Flange Submittal Data........................................ 1- 1

33 05 01.01 Welded Steel Pipe and Fittings .............................................. 1- 12 33 05 01.02 Ductile Iron Pipe and Fittings ................................................ 1- 12 33 05 01.09 Polyvinyl Chloride (PVC) Pressure Pipe and Fittings ............. 1- 5 33 05 13 Precast Manholes ................................................................... 1- 5 33 13 00 Disinfection of Water Utility Distribution Facilities ............... 1- 5

DIVISION 34 THROUGH DIVISION 39 (NOT USED)

DIVISION 40—PROCESS INTEGRATION

40 27 02 Valves and Operators ............................................................. 1- 17 40 27 02.02 Plunger Valves ...................................................................... 1- 13 40 27 02.03 Electric Motor Actuators ........................................................ 1- 11 40 27 02.27 Steel Casing Pipe ................................................................... 1- 4

DIVISION 41 THROUGH DIVISION 43 (NOT USED)

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DIVISION 44—POLLUTION AND WASTE CONTROL EQUIPMENT

44 42 56.04 Submersible Pumps ..................................................................... 1- 4

DIVISION 45 THROUGH DIVISION 49 (NOT USED)

VOLUME 3

DRAWINGS

PART 1

PROCUREMENT REQUIREMENTS

PW\WBG\199704C\199704G FW3B INVITATION TO BID

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INVITATION TO BID

Sealed Bids for construction of Eastern New Mexico Rural Water System (ENMRWS) Project –Finished Water 3B Pipeline for the Eastern New Mexico Water Utility Authority (ENMWUA), addressed to Jacquelynn Bowens, ENMWUA Chief Procurement Officer, will be received electronically at https://www.bidnetdirect.com/new-mexico until the time and date specified in the bidding schedule contained in this section. Any Bids received after the specified time will not be considered.

Bids will then be publicly opened and read aloud at the 100 S. Avenue A, Portales, NM 88130 – Roosevelt County Chamber of Commerce Board Room.

The Project contemplated consists of:

Purchase and installation of 20-inch polyvinyl chloride pipe or 20-inch diameter unrestrained ductile iron pipe, 20-inch diameter restrained joint ductile iron pipe, trenchless crossings, and associated appurtenances.

The Work will be completed and ready for final payment within the timeframe specified in the Agreement.

Bidding Documents may be acquired electronically from the plan room service web site https://www.bidnetdirect.com/new-mexico. If you need help registering, please call the support department at BidNet Direct toll free (800) 835-4603 – option 2.

Each Bid must be submitted on the prescribed Bid Form and accompanied by the Bidder Qualification Form and Bid security as prescribed in the Instructions to Bidders.

The Successful Bidder will be required to furnish the additional bond(s) and insurance prescribed in the Bidding Documents.

This bid is registered under the National Institute of Government Purchasing Code (NICP) commodity code 913-40.

In order to perform public work, the Bidder and Subcontractors shall hold such licenses as required by New Mexico State Statutes, and federal and local Laws and Regulations. Bidder shall hold a State of New Mexico Contractor’s License prior to submission of Bid, which will be evidenced with its Bid. No Bid will be considered without such evidence.

In accordance with NMSA 13-4-14, no Bidder may submit a bid if Bidder is or has been listed on the State of New Mexico’s list of Public Works Minimum Wage Act violators in the last 3 years.

Award of the Contract will be in accordance with Article, Evaluation of Bids and Award of Contract, specified in the Instructions to Bidders.

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For information concerning the proposed Work, submit questions in writing to Jacquelynn Bowens, ENMWUA, email: Jbowens@ENMWUA.com. Verbal questions will not be accepted. Final questions are due in writing by the time and date specified in the bidding schedule. Any questions received after the specified time will not be considered.

A mandatory prebid conference and site visit will be held at the time and date specified in the bidding schedule. In person attendance at the prebid conference and site visit will be a mandatory requirement of submitting a Bid for this Project. Prebid conference will be held at the 200 E 7th Street Portales, NM – Memorial Building. Site visit will immediately follow the pre-bid conference.

The following is the bidding schedule:

Milestone Date

Invitation to Bid Publication Sunday, April 16, 2023

Mandatory Pre-bid Conference and Site Visit

8:30 a.m., Thursday, May 11, 2023

Question on Invitation to Bid due in writing to ENMWUA

3:00 p.m., Thursday, May 18, 2023

Bids due to ENMWUA/Bid Opening 3:00 p.m., Wednesday, June 7, 2023

Recommendation of Award presented to ENMWUA Board

Thursday, June 22, 2023*

USBR Concurrence to Award Thursday, June 29, 2023*

Notice to Proceed—Pre-Mobilization Thursday, July 27, 2023*

Preconstruction Meeting TBD

Notice to Proceed—Mobilization 60 calendar days prior to confirmed delivery of pipe

Substantial Completion As specified in Agreement

* Dates indicated are estimates only and may be subject to change without necessitating an amendment to the Invitation to Bid.

The Owner reserves the right to reject any and all Bids, to waive any and all non-substantial irregularity in Bids received, whenever such waiver or rejection is deemed to be in the best interest of the Owner.

PW\WBG\199704C\199704G FW3B INSTRUCTIONS TO BIDDERS

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INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

1.1. Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

1.1.1. Issuing Office—The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered as specified in Section 00 11 13, Invitation to Bid.

2. BIDDING DOCUMENTS

2.1. Complete sets of the Bidding Documents stated in the Invitation to Bid may be obtained electronically as specified in Section 00 11 13, Invitation to Bid.

2.2. Use complete sets of Bidding Documents in preparing Bids. Neither Owner nor Engineer assumes responsibility for errors or misinterpretations resulting from use of incomplete sets of Bidding Documents.

3. QUALIFICATIONS OF BIDDERS

3.1. In order to perform public work, Bidder and its Subcontractors, prior to submission of Bid or as otherwise required by the jurisdiction, shall hold or obtain such licenses as required by State Statutes, and federal and local Laws and Regulations. Contractor must be registered with the Labor Relations Division, Labor Enforcement Fund.

3.2. Contractor and its Subcontractors must be registered with the New Mexico Department of Workforce Solutions.

3.3. Contract will not be awarded to parties listed on the government wide exclusions in the System for Award Management (SAM), the federal “Debarment and Suspension” list.

3.4. To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit written evidence included in the Bidder Qualification Form. The reference qualification statement package is included at the end of the Instructions to Bidders.

3.5. Bidder is advised to carefully review those portions of the Bid Form requiring representations and certifications.

3.6. In accordance with NMSA 13-4-14, no Bidder’s Bid will be considered if Bidder is or has been listed on the State of New Mexico’s list of wage rate violators in the last 3 years.

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3.7. Per Article 4, Section 13-4-13.1 NMSA 1978 in order to submit a bid valued at more than $60,000 the Contractor, serving as prime contractor or not, shall be registered with the New Mexico Department of Workforce Solutions prior to the bid opening. Bidder must insert New Mexico Department of Workforce Solutions Registration Number in the Bid Form in order for Bid to be considered.

3.8. Contractors bidding on the Project will be required to obtain and submit a System for Award Management (SAM) Unique Entity Identifier number. The Unique Entity Identifier was incorporated into SAM in April 2022 as the Federal Government’s contractor identification code for all procurement-related activities.

4. LICENSE REQUIREMENTS

4.1. Contractors, in order to perform public work in the State of New Mexico, are required to hold State of New Mexico Contractor’s License(s) of the classes required to perform the specified Work. Insert Contractor’s License number(s) in the appropriate place on the Bid Form, before Bid will be considered.

5. EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND

SITE

5.1. Subsurface and Physical Conditions:

5.1.1. The Supplementary Conditions identify:

5.1.1.1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site.

5.1.2. Reports referenced will be made available electronically by Owner to any Bidder in the Bidder’s Library. Those reports are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 5.03 of the General Conditions has been identified and established in Paragraph 5.03 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown.

5.2. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to the Engineer by owners of such Underground Facilities.

5.3. Hazardous Environmental Condition:

5.3.1. The Supplementary Conditions identify reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site.

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5.4. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03 through 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

5.5. On request, Owner will provide each Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

5.6. Related Work at Site: Reference is made to the General Requirements for identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents.

5.7. Safety: Paragraph 7.12.C of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Supplementary Conditions.

5.8. It is responsibility of each Bidder before submitting a Bid to:

5.8.1. Examine and carefully study the Bidding Documents, Addenda, and the other related data identified in the Bidding Documents.

5.8.2. Visit the Site during the designated prebid site visit to become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

5.8.3. Become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

5.8.4. Carefully Study:

5.8.4.1. Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph 5.03 of the Supplementary Conditions as containing reliable “technical data”.

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5.8.4.2. Reports and drawings of Hazardous Environmental

Conditions, if any, at the Site that have been identified in Paragraph 5.06 of the Supplementary Conditions as containing reliable “technical data”.

5.8.5. Consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on:

5.8.5.1. Cost, progress, and performance of the Work.

5.8.5.2. Means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents.

5.8.5.3. Bidder’s safety precautions and programs.

5.8.6. Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

5.8.7. Become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

5.8.8. Promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in Bidding Documents and confirm that written resolution thereof by Engineer is acceptable to Bidder.

5.8.9. Determine Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance of the Work.

5.9. Submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this article; that without exception the Bid is premised upon performing and furnishing the Work required by Bidding Documents and applying specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by Bidding Documents; that Bidder has given Engineer written notice of conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder;

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and that Bidding Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing the Work.

6. PREBID CONFERENCE

6.1. A mandatory prebid conference and site visit will be held at the time and date specified in Section 00 11 13, Invitation to Bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are required to attend and participate in the virtual conference. Bids will not be accepted from Bidders that do not have a representative at the prebid conference and site visit. Engineer will transmit to prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

7. SITE AND OTHER AREAS

7.1 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities and temporary construction easements defined in the Bidding Documents are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. Additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

8. INTERPRETATIONS AND ADDENDA

8.1. Questions about the meaning or intent of the Bidding Documents are to be submitted in writing as stated in the Invitation to Bid. Interpretations or clarifications considered necessary in response to such questions will be issued by Addenda delivered to parties recorded by the office issuing documents as having received the Bidding Documents. Questions received after the date specified in the Invitation to Bid may not be answered. Only answers provided by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

8.2. Addenda may also be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

8.3. All Addenda will be issued to New Mexico Environment Department (NMED) Constructions Program Bureau (CPB).

9. BID SECURITY

9.1. Bid shall be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a penal Bid bond (on the attached form), issued by a surety meeting the requirements of Paragraph 6.01 and Paragraph 6.02 of the General Conditions.

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9.2. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within the time period specified in Article Signing of Agreement, Owner may annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the 7th day after the Effective Date of the Agreement or the number of days specified for Bids to remain subject to acceptance in Article Bids to Remain Subject to Acceptance, whereupon Bid security furnished by such Bidders will be returned.

9.3. Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after Bid opening.

10. CONTRACT TIMES

10.1. The number of days within which, the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

11. LIQUIDATED DAMAGES

11.1. Provisions for liquidated damages, if any, are set forth in the Agreement.

12. SUBSTITUTE AND “OR-EQUAL” ITEMS

12.1. The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents. Where a brand-name or equal specification is used in a solicitation, the solicitation shall contain explanatory language that the use of the brand name is for the standard quality, performance and characteristics desired and is not intended to limit or restrict competition.

13. SUBCONTRACTORS, SUPPLIERS, AND OTHERS

13.1. Bidder shall submit with its Bid the name, business address, category of work, New Mexico Contractor’s Workforce Registration Number, and if applicable New Mexico Contractor’s License Number of each proposed Subcontractor and Supplier whose work totals greater than $60,000 for Work under these Bidding Documents.

No more than one Subcontractor or Supplier for each category may be listed. If the Bidder fails to specify a Subcontractor for any portion of the Work to be performed under the Bidding Documents, the Bidder agrees to perform that portion of the Work itself, and further agrees that it is qualified to perform that portion of the Work.

13.2. Bidder, as a condition to assert a claim of inadvertent clerical error in the listing of a Subcontractor, shall within 4 working days after Bid opening, give written

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notice to Owner, Subcontractor it claims to have listed in error, and Subcontractor who submitted Bid to Contractor prior to Bid opening.

13.3. Bidders are required to comply with 13-4-31 NMSA “Subcontractors Fair Practices Act”.

14. WAGE RATES

14.1. The Work under these Bidding Documents is to be paid for by public funds;

therefore, minimum prevailing wage rates published by Davis-Bacon or the following wage rate determination from the New Mexico Department of Workforce Solutions are applicable, and the higher of the two rates must be paid. New Mexico Department of Workforce Solutions for prevailing rates are included at the end of this section and also posted on the website:

http://www.dws.state.nm.us/LaborRelations/LaborInformation/PublicWorks (Type A – Street, Highway, Utility & Light Engineering).

14.2. The Bidder shall pay mechanics and laborers employed on the Site, unconditionally, and not less than once a week, and without subsequent unlawful deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than the minimum established under these Bidding Documents.

15. PREPARATION OF BID

15.1. With each set of Bidding Documents, Bidder will be furnished one separate Bid Form, and, if applicable, the Bid Bond Form. No substitution of the Bid Form will be allowed.

15.2. Blanks on the Bid Form shall be completed by typing or printing with ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item listed therein or the words “No Bid,” “No Change,” or “Not Applicable” entered.

15.3. A Bid by a corporation shall be executed in the corporate name by the president or a vice president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

15.4. A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

15.5. A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

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15.6. A Bid by an individual shall show the Bidder’s name and official address.

15.7. A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

15.8. Names shall be typed or printed in ink below the signatures.

15.9. The Bid shall contain an acknowledgement of receipt of all Addenda; the numbers of which shall be filled in on the Bid Form.

15.10. The address, telephone number, and email addresses for communications regarding the Bid shall be shown.

15.11. The Bid shall contain evidence of Bidder’s authority and qualification to do business in New Mexico. Bidder’s New Mexico contractor license number and class shall also be shown on the Bid Form.

16. BASIS OF BID; COMPARISON OF BIDS

16.1. Unit Price:

16.1.1. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

16.1.2. The total of estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price which will be for the purpose of awarding the contract. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

16.1.3. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

16.2. Allowances:

16.2.1. Cash Allowance:

16.2.1.1. Bid price shall include such amounts as the Bidder deems proper for Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses on account of cash allowances.

16.2.1.2. As described in the Bid Form, General Conditions

Paragraph 13.02, and Section 01 22 13, Unit Price Measurement and Payment.

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17. SUBMISSION OF BID

17.1. Submit an electronic copy of the Bid Form and attachments as specified in Section 00 41 13, Bid Form.

17.2. A Bid shall be submitted electronically no later than the date and time prescribed and as indicated in the Invitation to Bid.

18. MODIFICATION AND WITHDRAWAL OF BID

18.1. A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

18.2. If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned.

Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

19. OPENING OF BIDS

19.1. Bids will be opened at the time and place indicated in the Invitation to Bid and unless obviously nonresponsive, read aloud publicly.

20. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

20.1. Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

21. EVALUATION OF BIDS AND AWARD OF CONTRACT

21.1. The lowest responsible bid will be determined based on the Total Base Bid.

21.2. Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

21.3. If fewer than two bids are received, Owner may reissue for bidding at a later date.

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21.4. More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

21.5. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

21.6. In evaluating Bidders, Owner may consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted either with the Bid, or otherwise prior to issuance of the Notice of Award.

21.7. Owner may conduct such investigations as Owner deems necessary to establish responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

21.8. If the Contract is to be awarded, Owner will award the Contract to Bidder whose Bid is in the best interests of the Project.

22. CONTRACT SECURITY AND INSURANCE

22.1. Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to bonds and insurance. When Successful Bidder delivers executed Agreement to Owner, it shall be accompanied by such bonds.

23. SIGNING OF AGREEMENT

23.1. If the Successful Bidder is a nonresident of the State of New Mexico, they shall designate an agent within the State of New Mexico upon whom process and writs in any action or proceeding against the nonresident Bidder may be legally served with the same effect as though the Bidder were actually and personally served within the State of New Mexico.

23.2. If the Successful Bidder is a nonresident of the State of New Mexico, they shall furnish certificate required by NMSA 7-1-55 showing bond or security covering gross receipts tax and local option tax has been filed with appropriate entity.

23.3. When Owner issues a Notice of Award to Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents that are identified in the Agreement as attached thereto. Within 10 days thereafter, Successful Bidder shall sign and deliver

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the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of Drawings with appropriate identification.

24. MISCELLANEOUS

24.1. The construction contract specifically provides for a payment within 45 days after submission of an undisputed request for payment.

25. SUPPLEMENTS

25.1. The following documents are submitted with and made a condition of this section:

25.1.1. New Mexico Department of Workforce Solutions for prevailing rates (Type A – Street, Highway, Utility & Light Engineering).

25.1.2. Davis-Bacon Wage Rates.

STATE OF NEW MEXICO

NEW MEXICO DEPARTMENT OF

WORKFORCE SOLUTIONS

Labor Relations Division 121 Tijeras Ave NE, Suite 3000 Albuquerque, NM 87102 www.dws.state.nm.us

An Equal Opportunity Employer Page 1 of 2

PUBLIC WORKS PROJECT REQUIREMENTS

As a participant in a Public Works project valued at more than $60,000 in the State of New Mexico, the following list addresses many of the responsibilities that are defined by statute or regulation to each project stakeholder.

Contracting Agency

• Ensure that all Contractors wishing to bid on a Public Works project when the project is

$60,000 or more are actively registered with the Public Works and Apprenticeship

Application (PWAA) website: http://www.dws.state.nm.us/pwaa (Contractor Registration) prior to bidding.

• Please submit Notice of Award (NOA) and Subcontractor List(s) to the PWAA website promptly after the project is awarded.

• Please update the Subcontractor List(s) on the PWAA website whenever changes occur.

• All Sub-Contractors and tiers (excluding professional services) regardless of contract amount must be listed on the Subcontractor List and must adhere to the Public Works Minimum

Wage Act.

• Ninety days after project completion please go into the PWAA system and close the project.

Only Contracting Agencies are allowed to close the project. Agents or Contractors are not allowed to close projects.

General Contractor

• Provide a complete Subcontractor List and Statements of Intent (SOI) to Pay Prevailing

Wages for all Contractors, regardless of amount of work, to the Contracting Agency within 3

(three) days of award.

• Ensure that all Subcontractors wishing to bid on a Public Works project have an active

Contractor Registration with the Public Works and Apprenticeship Application (PWAA) website: http://www.dws.state.nm.us/pwaa prior to bidding when their bid will exceed

$60,000.

• Submit weekly certified payroll bi-weekly to the Contracting Agency.

• Make certain the Public Works Apprentice and Training Act contributions are paid either to an approved Apprenticeship Program or to the Public Works Apprentice and Training Fund.

• Confirm the Wage Rate poster, provided in PWAA, is displayed at the job site in an easily accessible place.

• Make sure, when a project has been completed, the Affidavits of Wages Paid (AWP) are sent to the Contracting Agency.

http://www.dws.state.nm.us/pwaa http://www.dws.state.nm.us/pwaa

STATE OF NEW MEXICO

NEW MEXICO DEPARTMENT OF

WORKFORCE SOLUTIONS

Labor Relations Division 121 Tijeras Ave NE, Suite 3000 Albuquerque, NM 87102 www.dws.state.nm.us

An Equal Opportunity Employer Page 2 of 2

• All Subcontractors and tiers (excluding professional services) regardless of contract amount must be listed on the Subcontractor List and must adhere to the Public Works Minimum

Wage Act.

Subcontractor

• Ensure that all Subcontractors wishing to bid on a Public Works project have an active

Contractor Registration with the Public Works and Apprenticeship Application (PWAA) website: http://www.dws.state.nm.us/pwaa prior to bidding when their bid will exceed

$60,000.

• Submit weekly certified payroll bi-weekly to the General Contractor(s).

• Make certain the Public Works Apprentice and Training Act contributions are paid either to an approved Apprenticeship Program or to the Public Works Apprentice and Training Fund.

• All Subcontractors and tiers (excluding professional services) regardless of contract amount must be listed on the Subcontractor List and must adhere to the Public Works Minimum

Wage Act.

Additional Information

Reference material and forms may be found at New Mexico Department of Workforce Solutions

Public Works web pages at: https://www.dws.state.nm.us/Labor-Relations/Labor-

Information/Public-Works.

CONTACT INFORMATION

Contact the Labor Relations Division for any questions relating to Public Works projects by email at public.works@dws.nm.gov or call (505) 841-4400.

http://www.dws.state.nm.us/pwaa https://www.dws.state.nm.us/Labor-Relations/Labor-Information/Public-Works https://www.dws.state.nm.us/Labor-Relations/Labor-Information/Public-Works mailto:public.works@state.nm.us

Wage Decision Approval Summary

1) Project Title: Finished Water 3B (FW3B) Requested Date: 03/27/2023 Approved Date: 03/28/2023 Approved Wage Decision Number: CU-23-0928-A

Wage Decision Expiration Date for Bids: 07/26/2023

2) Physical Location of Jobsite for Project:

Job Site Address: 801 Pile Street Ste 214 Job Site City: Clovis Job Site County: Curry

3) Contracting Agency Name (Department or Bureau): Eastern New Mexico Water Utility Authority Contracting Agency Contact's Name: Jacquelynn Bowens Contracting Agency Contact's Phone: (575) 935-4262 Ext.

4) Estimated Contract Award Date: 06/22/2023

5) Estimated total project cost: $16,115,733.00

a. Are any federal funds involved?: Yes - $16,115,733.00

b. Does this project involve a building?: No

c. Is this part of a larger plan for construction on or appurtenant to the property that is subject to this project?: No

d. Are there any other Public Works Wage Decisions related to this project?: No

e. What is the ultimate purpose or functional use of the construction once it is completed?: water conveyance / utility

6) Classifications of Construction:

Classification Type and Cost Total

Description

Highway/Utilities (A) Cost: $16,115,733.00

Finished Water 3B (FW3B) project consist of the purchase and installation of approximately 5.4 miles of 20-inch polyvinyl chloride pipe, 20-inch diameter restrained joint ductile iron pipe, trenchless crossings, and associated appurtenances.

LABOR RELATIONS DIVISION WWW.DWS.STATE.NM.US

401 Broadway NE Albuquerque, NM 87102 Phone: 505-841-4400 Fax: 505-841-4424

226 South Alameda Blvd Las Cruces, NM 88005 Phone: 575-524-6195 Fax: 575-524-6194

1596 Pacheco St, Suite 103 Santa Fe, NM 87505 Phone: 505-827-6817 Fax: 505-827-9676

An Equal Opportunity Employer Page 1 of 1

Trade Classification Base Rate Fringe Rate

Bricklayer/Block layer/Stonemason 24.46 8.81

Carpenter/Lather 27.73 12.14

Carpenter- Los Alamos County 33.18 13.58

Cement Mason 18.24 7.61

Drywall Finisher/Taper 25.82 8.40

Glazier

Glazier/Fabricator 21.25 6.70

Delivery Driver 12.00 6.70

Ironworker 28.05 18.30

Painter- Commercial 18.25 8.50

Paper Hanger 18.25 8.50

Plumber/Pipefitter 38.63 14.55

Electricians- Outside Classifications: Zone 1

Ground man 25.43 11.76

Equipment Operator 36.48 16.09

Lineman 46.09 18.52

Journeyman technician 42.92 17.73

Cable Splicer 47.22 18.81

Electricians-Outside Classifications: Zone 2

Ground man 25.43 11.76

Equipment Operator 36.48 16.09

Lineman 46.09 18.52

Journeyman technician 42.92 17.73

Cable Splicer 47.22 18.81

Electricians-Outside Classifications: Los Alamos County Ground man 26.15 11.78

Equipment Operator 37.54 16.13

Lineman 47.29 18.82

Journeyman technician 44.15 18.04

Cable Splicer 51.93 19.98

TYPE “A” –

STREET, HIGHWAY, UTILITY & LIGHT ENGINEERING

Effective January 1, 2023

Trade Classification Base Rate Fringe Rate

Laborers

Group I – unskilled 15.99 7.11

Group II – semiskilled 15.99 7.11

Group III – skilled 17.49 7.11

Group IV – specialty 17.99 7.11

Operators

Group I 21.35 6.74

Group II 22.38 6.74

Group III 22.49 6.74

Group IV 22.62 6.74

Group V 22.73 6.74

Group VI 22.94 6.74

Group VII 23.12 6.74

Group VIII 23.45 6.74 Group IX 31.96 6.74 Group X 35.65 6.74 Soft Floor Layers 21.00 8.45

Truck Drivers

Group I-IX 19.00 9.10

NOTE: All contractors are required to pay SUBSISTENCE, ZONE, AND INCENTIVE PAY according to the particular trade. More information available at https://www.dws.state.nm.us/public-works.

For more information about the Subsistence, Zone, and Incentive Pay rates, or to file a wage claim, contact the New Mexico Department of Workforce Solutions Labor Relations Division at

(505) 841-4400 or visit us online at www.dws.state.nm.us.

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

2023 SUBSISTENCE, ZONE AND INCENTIVE PAY RATES

All contractors are required to pay subsistence, zone, and incentive pay according to the particular trade

Asbestos workers or heat and frost insulators

(1) Zone 1 shall consist of the area lying within the city limits of a circle whose radius is 66 miles from the city hall in Albuquerque or the city hall in El Paso - $0.00 per day.

(2) Zone 2 shall consist of Los Alamos county - $40.00 per day if not furnished a company owned vehicle.

(3) Zone 3 shall consist of the area lying beyond a circle whose radius is over 66 miles from the city hall in Albuquerque or the city hall in El Paso - $85.00 per day.

Boilermakers/Blacksmiths

(1) Per diem is calculated from city hall of the dispatch city or the employee’s home address, whichever is closer to the job location,

(2) Per diem is $55.00 per day for travel between 70 and 120 miles and $85.00 per day for travel over 120 miles.

Bricklayers

(1) Between 70…