RFP 22-0615-02 Addendum 7.pdf

Purchasing Department 801 Pile St Suite 214

Clovis, NM 88101 Phone: (575) 935-4262

ADDENDUM NO. 7

FINISHED WATER 1 PIPELINE

RFP 22-0615-02

Date: September 8, 2022

TO WHOM IT MAY CONCERN:

The Eastern New Mexico Water Utility Authority (ENMWUA) is issuing an addendum for RFP

22-0615-02. Revisions made to document RFP 22-0615-02 are listed below. It shall be the responsibility of the interested offerors to adhere to any changes or revisions to the RFP, as identified in this addendum no. 7. This documentation shall become permanent and made part of the department’s procurement file.

Revision to RFP 22-0615-02 Specifications (Volume 1)

Specification Section 00 21 13 VOLUME II – PRICE PROPOSAL TABULATION FORM. REVISED section attached to this Addendum.

Specification Section 00 41 13 INSTRUCTIONS TO OFFERORS. REVISED section attached to this

Addendum.

Revision to RFP 22-0615-02 Drawings (Volume 3) DWG FW1-PP-33, REVISED drawing attached to this addendum.

DWG FW1-PP-34, REVISED drawing attached to this addendum.

DWG FW1-PP-35, REVISED drawing attached to this addendum.

DWG FW1-PP-36, REVISED drawing attached to this addendum.

DWG FW1-PP-37, REVISED drawing attached to this addendum.

DWG FW1-PP-38, REVISED drawing attached to this addendum.

DWG FW1-PP-39, REVISED drawing attached to this addendum.

DWG FW1-PP-40, REVISED drawing attached to this addendum.

DWG FW1-PP-41, REVISED drawing attached to this addendum.

DWG FW1-PP-42, REVISED drawing attached to this addendum.

DWG FW1-PP-43, REVISED drawing attached to this addendum.

DWG FW1-PP-44, REVISED drawing attached to this addendum.

DWG FW1-PP-45, REVISED drawing attached to this addendum.

DWG FW1-D-6, REVISED drawing attached to this addendum.

DWG FW1-S-4, REVISED drawing attached to this addendum.

DWG FW1-S-5, REVISED drawing attached to this addendum.

DWG FW1-SM-7, REVISED drawing attached to this addendum.

Purchasing Department 801 Pile St Suite 214

Clovis, NM 88101 Phone: (575) 935-4262

Response to questions submitted – see attached to this addendum.

If there are any questions or inquiries in relation to this Addendum, Offeror(s) may contact

Jacquelynn Bowens 575-935-4262 or by email at Jbowens@enmwua.com.

PW/WBG/199704D INSTRUCTIONS TO OFFERORS

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INSTRUCTIONS TO OFFERORS

1. DEFINED TERMS

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

2. BIDDING DOCUMENTS

2.1. Complete sets of the Bidding Documents stated in the Request for Proposal may be obtained electronically as specified in Request for Proposal.

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. REQUIREMENTS OF OFFERORS

3.1. In order to perform public work, Offeror 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 Offeror’s qualifications and price to perform the Work, Offeror shall submit written evidence included in Volume I – Technical Proposal and Volume II – Price Proposal Tabulation Form.

3.5. Offeror is advised to carefully review those portions of the Volume II – Price Proposal Tabulation Form requiring representations and certifications.

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

INSTRUCTIONS TO OFFERORS PW/WBG/199704D

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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. Offeror must insert New Mexico Department of Workforce Solutions Registration Number in the Volume II – Price Proposal Tabulation Form in order for Bid to be considered.

3.8. Contractors bidding on the Project will be required to obtain and submit a “Data Universal Number System” D U N S® Number that is issued by Dunn and Bradstreet (D&B). The D-U-N-S® Number is a D&B copyrighted, proprietary means of identifying business entities on a location-specific basis. The D-U-N-S Number® was incorporated into the Federal Acquisition Regulation (FAR) in April 1998 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 Volume II – Price Proposal Tabulation Form in order for Bid to 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 Offeror in the Offeror’s Library. Those reports are not part of the Contract Documents, but the “technical data” contained therein upon which Offeror 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. Offeror is responsible for any interpretation or conclusion Offeror 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.

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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.

5.4. Provisions concerning responsibilities for the adequacy of data furnished to prospective Offerors 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 Offerors 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 the 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 and with approval from the Owner, Owner may provide each Offeror access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Offeror deems necessary for submission of a Bid. Offeror shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Offeror 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 Offeror 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 Offeror 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 Offeror as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

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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”.

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 Offeror; 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 Offeror, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents.

5.8.5.3. Offeror’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 Offeror discovers in Bidding Documents and confirm that written resolution thereof by Engineer is acceptable to Offeror.

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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 Volume II – Price Proposal Tabulation Form will constitute an incontrovertible representation by Offeror that Offeror 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 Offeror has given Engineer written notice of conflicts, errors, ambiguities, and discrepancies that Offeror has discovered in Bidding Documents and the written resolutions thereof by Engineer are acceptable to Offeror; and that Bidding Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing the Work.

6. SPECIAL PRODUCT REQUIREMENTS

6.1. Offeror’s attention is directed to the Supplementary Conditions, Paragraph 7.03.

7. PREBID CONFERENCE

7.1. A prebid conference will be held at the time and date specified in Request for Proposal. Representatives of Owner and Engineer will be present to discuss the Project. Offerors are required to attend and participate in the conference and prebid site visit. Bids will not be accepted from Offerors that do not have a representative at the prebid conference and prebid site visit. Engineer will transmit to prospective Offerors 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.

8. SITE AND OTHER AREAS

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.

9. INTERPRETATIONS AND ADDENDA

9.1. Questions about the meaning or intent of the Bidding Documents are to be submitted to in writing as stated in the Request for Proposal. 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

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received the Bidding Documents. Questions received after the date specified in the Request for Proposal may not be answered. Only answers provided by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

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

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

10. BID SECURITY

10.1. Volume II – Price Proposal Tabulation Form shall be accompanied by Bid security made payable to Owner in an amount of 5 percent of Offeror’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.

10.2. The Bid security of the Successful Offeror will be retained until such Offeror 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 Offeror 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 Offeror will be forfeited. Bid security of other Offerors 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 Offerors will be returned.

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

11. CONTRACT TIMES

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

12. LIQUIDATED DAMAGES

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

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13. SUBSTITUTE AND “OR-EQUAL” ITEMS

13.1. The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement.

14. SUBCONTRACTORS, SUPPLIERS, AND OTHERS

14.1. Offeror shall submit under Volume II – Price Proposal Tabulation Form 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 Offeror fails to specify a Subcontractor for any portion of the Work to be performed under the Bidding Documents, the Offeror agrees to perform that portion of the Work itself, and further agrees that it is qualified to perform that portion of the Work.

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

15. WAGE RATES

15.1. 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).

15.2. The Offeror 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.

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16. PREPARATION OF BID

16.1. This is a qualifications-based selection with cost as a consideration. Each proposal will consist of Volume I –Technical Proposal (one original and two copies) and Volume II – Price Proposal Tabulation Form (one original and two copies). These two volumes shall be submitted in as two separate sealed envelopes or packageselectronic submittals. Clearly label eachClearly label each file name with the volume number and project name envelope or package with volume number and name, Project title, name and address of Offeror, and date of submittal.[ADD3] The content of the Bid Proposals shall include, but is not limited to, the following:

Volume I – Technical Proposal:

16.1.1. Section 1.0 – Past Performance:

16.1.1.1. Completely fill out the attached Past Performance form and its associated attachments, providing requested information.

16.1.2. Section 2.0 – Management Plan:

16.1.2.1. Completely fill out the attached Management Plan form and its associated attachments, providing requested information.

16.1.3. Section 3.0 – Health and Safety:

16.1.3.1. Completely fill out the attached Health and Safety form and its associated attachments, providing requested information.

16.1.4. Section 4.0 – Financial/License:

16.1.4.1. Completely fill out the attached Financial/License form and its associated attachments, providing requested information.

Volume II – Price Proposal Tabulation Form:

16.1.1. Price Proposal (Under Separate Package) based on requirements set forth in Drawings and Specifications.

16.2. Sections/Evaluation Categories. Sections shall be separated by section numbers as shown above. Pages within shall be numbered consecutively.

16.3. With each set of Bidding Documents, Offeror will be furnished one separate Volume II – Price Proposal Tabulation Form, and, if applicable, the Bid Bond Form.

No substitution of the Volume II – Price Proposal Tabulation Form will be allowed.

16.4. Blanks on the Volume II – Price Proposal Tabulation Form shall be completed by typing and the Volume II – Price Proposal Tabulation Form signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Volume II –

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Price Proposal Tabulation Form. A Bid price shall be indicated for each Bid item listed therein or the words “No Bid,” “No Change,” or “Not Applicable” entered.

16.5. 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.

16.6. 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.

16.7. 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.

16.8. A Bid by an individual shall show the Offeror’s name and official address.

16.9. A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Volume II – Price Proposal Tabulation Form. The official address of the joint venture shall be shown.

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

16.11. The Volume II – Price Proposal Tabulation Form shall contain an acknowledgement of receipt of Addenda; the numbers of which shall be filled in on the Volume II – Price Proposal Tabulation Form.

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

16.13. The Bid shall contain evidence of Offeror’s authority and qualification to do business in New Mexico. Offeror’s New Mexico contractor license number and class shall also be shown on the Volume II – Price Proposal Tabulation Form.

17. COMPARISON OF BIDS

17.1. Unit Price:

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

17.1.2. 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

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Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

17.1.3. 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.

17.2. Allowances:

17.2.1. Cash Allowance:

17.2.1.1. Bid price shall include such amounts as the Offeror 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.

17.2.1.2. As described in the Volume II – Price Proposal Tabulation Form, General Conditions Paragraph 13.02, and Section 01 22 13, Unit Price Measurement and Payment.

17.3. Alternates:

17.3.1. Alternates requiring pricing in the Volume II – Price Proposal Tabulation Form are described in Section 01 11 00, Summary of Work, and in the Volume II – Price Proposal Tabulation Form.

17.3.2. Alternates listed on Volume II – Price Proposal Tabulation Form will be reviewed and accepted or rejected at Owner’s option. Accepted alternates will be identified in the Agreement.

18. SUBMISSION OF BID

18.1. A Bid shall be submitted electronically no later than the date and time prescribed as indicated in the Request for Proposal. Enclose proposals in two separate electronic submittals. Volume II – Price Proposal Tabulation Form will be evaluated separately from the Volume I – Technical Proposal. Bid security and other required documents will need to be submitted in Volume II – Price Proposal Tabulation Form.

Clearly label each file name with the volume number and project name.

19. MODIFICATION AND WITHDRAWAL OF BID

19.1. 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.

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19.2. If within 24 hours after Bids are opened any Offeror 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 Offeror may withdraw its Bid, and the Bid security will be returned.

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

20. OPENING OF BIDS

20.1. As described in Section 00 11 19, Request for Proposal.

21. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

21.1. Bids will remain subject to acceptance for the period of time stated in the Volume II – Price Proposal Tabulation Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

22. EVALUATION OF BIDS AND AWARD OF CONTRACT

22.1. Offeror’s Volume I – Technical Proposal and Volume II – Price Proposal Tabulation Form shall be evaluated on the basis of demonstrated qualifications and price and must address each of the following criteria. Each proposal may be awarded points up to the amount listed below:

Evaluation Factor Available Points

Past Performance 1512

Management Plan 1512

Health and Safety 108

Financial 108

Price Base Bid 2510

Price Alternate 1 2510

Price Alternate 2 10

Price Alternate 3 10

Price Alternate 4 10

Price Alternate 5 10

Subtotal Maximum Points 100

Deduct for Unbalanced Bids (-1 to -5 points)

Total Points Awarded

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22.2. Evaluation Committee: The Evaluation Committee will consist of a minimum of three persons appointed by the Owner. The team shall collectively possess expertise in the technical requirements of the Project, construction design and contracting. The Owner may use independent consultants or agents to support the Committee, provided appropriate precautions are taken to avoid potential conflicts of interest. The Evaluation Committee is not restricted to the minimum information required for disclosure qualification statements, and any relevant information regarding performance from reliable sources may be considered.

22.3. Technical Proposal Evaluation: The Evaluation Committee shall review each proposal to determine if it meets the minimum requirements. Proposals that do not meet the mandatory requirements shall be considered “nonresponsive”. The offeror shall be notified in writing of the determination. The Owner will distribute the proposals and individual score sheets to the Evaluation Committee, and will review how the proposals shall be scored. The Evaluation Committee members shall score the technical proposals individually. Price proposals shall remain sealed until the Evaluation Committee has completed its evaluation of the technical proposals for all offerors and has prepared the final technical scores as required by the 1.4.8.12.B

NMAC.

22.4. Price Proposal Evaluation: The Price Proposal shall be initially evaluated to ensure that the price(s) offered is responsive to the Specification requirements and instructions. The price score of each Offeror shall be determined by applying the following mathematical formula: Price of lowest Offeror (separate for Base Bid and Alternates 1) divided by price for this Bid multiplied by the maximum available points for price.

Price (Base Bid and Alternates):

Price of lowest Offeror Price of this Bid

× maximum price score (2510) = Price Score of this Offeror

Price Alternate 1:

Price of lowest Offeror Price of this Bid

× maximum price score (25) = Price Score of this Offeror

22.7.22.5. Combining Scores, Preference Adjustments and Ranking of Proposals:

The individual scores on the Technical Proposals will be combined with the price proposal score for the Total Points as specified in this section.

22.8.22.6. The Contractor, by submitting the two-part proposal acknowledges that information provided is truthful, accurate, and complete and that the firm and individual responsible for the submission shall be fully responsible for and bound by all information, data, certifications, disclosures and attachments included in the Specification documents as required by the 1.4.8.12.C.2 NMAC.

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22.9.22.7. 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 Offeror whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Offeror if Owner believes that it would not be in the best interest of the Project to make an award to that Offeror. Owner also reserves the right to waive informalities not involving price, time, or changes in the Work and to negotiate Contract terms with the Successful Offeror.

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

22.11.22.9. 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 Offeror has an interest in more than one Bid for the Work may be cause for disqualification of that Offeror and the rejection of all Bids in which that Offeror has an interest.

22.12.22.10. 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 Volume II – Price Proposal Tabulation Form or prior to the Notice of Award.

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

23. CONTRACT SECURITY AND INSURANCE

23.1. 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 Offeror delivers executed Agreement to Owner, it shall be accompanied by such bonds.

24. SIGNING OF AGREEMENT

24.1. If the Successful Offeror 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 Offeror may be legally served with the same effect as though the Offeror were actually and personally served within the State of New Mexico.

24.2. If the Successful Offeror 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.

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24.3. When Owner issues a Notice of Award to Successful Offeror, 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 Offeror shall sign and deliver 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 Offeror with a complete set of the Drawings with appropriate identification.

25. MISCELLANEOUS

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

26. SUPPLEMENTS

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

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

26.1.2. Davis-Bacon wage rates.

END OF SECTION

PW/WBG/199704D VOLUME II – PRICE PROPOSAL TABULATION FORM

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©COPYRIGHT 2022 JACOBS ADDENDUM NO. 7

NOTE TO OFFEROR: Use typewriter or ink for completing this Tabulation Form.

VOLUME II – PRICE PROPOSAL TABULATION FORM

(UNIT PRICE BASIS)

1. BID RECIPIENT

1.1. This Bid is submitted to:

Owner: Eastern New Mexico Water Utility Authority Jacquelynn Bowens ENMWUA Chief Procurement Officer

Address: Eastern New Mexico Water Utility Authority 801 Pile Street, Suite 214 Clovis, NM 88101 United States of America

Project Identification: Eastern New Mexico Rural Water System Finished Water One Pipeline

Contract No.: 22-0615-02

1.2. The undersigned Offeror proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

2. OFFEROR’S ACKNOWLEDGEMENTS

2.1. Offeror accepts the terms and conditions of the Instruction to Offerors, including without limitations those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Offeror may agree to in writing upon request of Owner.

VOLUME II – PRICE PROPOSAL TABULATION FORM PW/WBG/199704D

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ADDENDUM NO. 7 ©COPYRIGHT 2022 JACOBS

3. OFFEROR’S REPRESENTATIONS

3.1. In submitting this Bid, Offeror represents that:

3.1.1. Offeror has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged.

Addendum No. Addendum Date

(Offeror shall insert number of each Addendum received.)

3.1.2. Offeror has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3.1.3. Offeror is familiar with and is satisfied as to the Laws and Regulations that may affect cost, progress, and performance of the Work.

3.1.4. Offeror has carefully studied: reports of explorations and tests of subsurface conditions at or contiguous to the Site and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in Paragraph 5.03 of the Supplementary Conditions as containing reliable “technical data”.

3.1.5. Offeror has considered the information known to Offeror; 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 (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Offeror, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Offeror’s safety precautions and programs.

3.1.6. Based on information and observations referred to in paragraph above, Offeror does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times

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©COPYRIGHT 2022 JACOBS ADDENDUM NO. 7

required, and in accordance with the other terms and conditions of the Bidding Documents.

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

3.1.8. Offeror has given Engineer written notice of conflicts, errors, ambiguities, or discrepancies that Offeror has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Offeror.

3.1.9. The Bidding Documents are generally sufficient to indicate and convey understanding of terms and conditions for the performance of the Work for which this Bid is submitted.

3.1.10. Offeror will submit written evidence of its authority to do business in New Mexico with submission of Bid.

4. OFFEROR’S CERTIFICATION

4.1. Offeror certifies:

4.1.1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization or corporation;

4.1.2. Offeror has not directly or indirectly induced or solicited any other Offeror to submit a false or sham Bid;

4.1.3. Offeror has not solicited or induced any individual or entity to refrain from bidding; and

4.1.4. Offeror has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this paragraph:

4.1.4.1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

4.1.4.2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish Bid prices at artificial noncompetitive levels, or

(c) to deprive Owner of the benefits of free and open competition;

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ADDENDUM NO. 7 ©COPYRIGHT 2022 JACOBS

4.1.4.3. “collusive practice” means a scheme or arrangement between two or more Offerors, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, noncompetitive levels; and

4.1.4.4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

4.1.5. Required sales and use taxes are included in the stated Bid prices for the Work unless provision is made herein for the Offeror to separately itemize the estimated amount of sales tax.

4.1.6. Offeror in accordance with NMSA 13-4-14 is or has not appeared on the list of Public Works Minimum Wage Act violators within the last 3 years.

4.1.7. Offeror has complied with New Mexico statute 13-1-191 prohibiting bribes, gratuities, and kickbacks.

4.1.8. That the surety listed below as providing the Performance Bond and the Payment Bond is listed on the Treasury Department’s most current list (Circular 570 as amended) and is authorized to transact business in the State of New Mexico.

whose address is

Street City State Zip

5. BASIS OF BIDS

5.1. Offeror shall include applicable taxes, except New Mexico Gross Receipts Tax (NMGRT) or applicable local option tax, in Lump Sum, Unit Price, and Alternate Bid amounts. Enter NMGRT and local option tax amounts as separate entry in blank(s) provided.

5.2. Offeror shall complete the Work in accordance with the Contract Documents for the following price(s):

5.3. Unit Price Bid Schedule:

5.3.1. Unit prices have been computed in accordance with Paragraph 13.03.C of the General Conditions.

5.3.2. Offeror acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for unit

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©COPYRIGHT 2022 JACOBS ADDENDUM NO. 7

price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

5.3.3. Quantities of items based on pipeline stationing will be measured and paid on State Plane horizontal grid distances, unless stated otherwise.

5.3.3.5.3.4. See attached Supplement 4 for Eastern New Mexico Rural Water System Finished Water 1 Pipeline Base Bid and Alternatives – Unit Price Tabulation Schedule.

Unit Price Tabulation Schedule – Base Bid

Item No. Description

Estimated Quantity Unit

Bid Unit Price

Extended Bid Unit Price

1. Pre-Mobilization (Max 1% of Total Extended Bid Unit Price)

1 LS $ $

2. Mobilization (Max 4% of Total Extended Bid Unit Price)

1 LS $ $

3. Demobilization/Final Completion (Min 2% of Total Extended Bid Unit Price)

1 LS $ $

4. Traffic Control 1 LS $ $

5. Temporary Environmental Controls

1 LS $ $

6. Work Limit Fencing - Orange

72,052 LF $ $

7. Work Limit Fencing – Barbed Wire

57,601 LF $ $

8. Work Limits Preparation – Open Country and Paved Areas

81,672 LF $ $

9. Utility Locates and Potholes

1 LS $ $

10. 39-Inch Welded Steel Pipe Production

81,672 LF $ $

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ADDENDUM NO. 7 ©COPYRIGHT 2022 JACOBS

Unit Price Tabulation Schedule – Base Bid

Item No. Description

Estimated Quantity Unit

Bid Unit Price

Extended Bid Unit Price

11. Welded Steel Pipe Installation

81,672 LF $ $

12. Test Stations 104 EA $ $

13. Additional Cathodic Protection

1 LS $ $

14. Dewatering 4,084 LF $ $

15. Foundation Stabilization 500 CY $ $

16. CLSM (Type J) Bedding and Pipe Zone Material

7,065 LF $ $

17. Bedding and Pipe Zone Material

74,607 LF $ $

18. CARV Vault 5 EA $ $

19. Blowoff Assembly 4 EA $ $

20. FW1 Pressure Reducing Vault

1 LS $ $

21. Isolation Valve Vault 1 LS $ $

22. Fiber Optic Conduit 81,672 LF $ $

23. Restoration of Non- Agricultural and Agricultural Areas

80,897 LF $ $

24. Restoration of Gravel and Paved Roads

775 LF $ $

25. Hydrostatic Testing 1 LS $ $

26. As-Built Pipeline Survey

81,672 LF $ $

27. Waterline lowering/relocation

5 EA $ $

Total of Extended Bid Unit Price $

New Mexico Gross Receipts Tax (NMGRT) Based on Total Extended Bid Unit Price (Current Curry County Rate 6.125%)

Total Bid including NMGRT $

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©COPYRIGHT 2022 JACOBS ADDENDUM NO. 7

Unit Price Tabulation Schedule – Alternate 1

Item No. Description

Estimated Quantity Unit

Bid Unit Price

Extended Bid Unit Price

1. Pre-Mobilization (Max 1% of Total Extended Bid Unit Price)

1 LS $ $

2. Mobilization (Max 4% of Total Extended Bid Unit Price)

1 LS $ $

3. Demobilization/Final Completion (Min 2% of Total Extended Bid Unit Price)

1 LS $ $

4. Traffic Control 1 LS $ $

5. Temporary Environmental Controls

1 LS $ $

6. Work Limit Fencing - Orange

72,052 LF $ $

7. Work Limit Fencing – Barbed Wire

57,601 LF $ $

8. Work Limits Preparation – Open Country and Paved Areas

81,672 LF $ $

9. Utility Locates and Potholes

1 LS $ $

10. 39-Inch Welded Steel Pipe Production

81,672 LF $ $

11. Welded Steel Pipe Installation

81,672 LF $ $

12. Test Stations 104 EA $ $

13. Additional Cathodic Protection

1 LS $ $

14. Dewatering 4,084 LF $ $

15. Foundation Stabilization 500 CY $ $

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ADDENDUM NO. 7 ©COPYRIGHT 2022 JACOBS

Unit Price Tabulation Schedule – Alternate 1

Item No. Description

Estimated Quantity Unit

Bid Unit Price

Extended Bid Unit Price

16. CLSM (Type J) Bedding and Pipe Zone Material

81,672 LF $ $

17. Bedding and Pipe Zone Material

N/A N/A N/A N/A

18. CARV Vault 5 EA $ $

19. Blowoff Assembly 4 EA $ $

20. FW1 Pressure Reducing Vault

1 LS $ $

21. Isolation Valve Vault 1 LS $ $

22. Fiber Optic Conduit 81,672 LF $ $

23. Restoration of Non- Agricultural and Agricultural Areas

80,897 LF $ $

24. Restoration of Gravel and Paved Roads

775 LF $ $

25. Hydrostatic Testing 1 LS $ $

26. As-Built Pipeline Survey 81,672 LF $ $

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©COPYRIGHT 2022 JACOBS ADDENDUM NO. 7

Unit Price Tabulation Schedule – Alternate 1

Item No. Description

Estimated Quantity Unit

Bid Unit Price

Extended Bid Unit Price

27. Waterline lowering/relocation

5 EA $ $

New Mexico Gross Receipts Tax (NMGRT) Based on Total Extended Bid Unit Price (Current Curry County Rate 6.125%)

Total Bid including NMGRT $

5.214.5.4. Bid Summary – Base

5.214.1.5.4.1. Total Extended Unit Bid Prices: $

5.214.2.5.4.2. NMGRT: $

5.214.3.5.4.3. Total Bid (including NMGRT): $

5.214.4.5.4.4. Total Bid including NMGRT (words):

dollars and cents

5.215.5.5. Bid Summary – Alternate 1

5.215.1.5.5.1. Total Extended Unit Bid Prices: $

5.215.2.5.5.2. NMGRT: $

5.215.3.5.5.3. Total Bid (including NMGRT): $

5.215.4.5.5.4. Total Bid including NMGRT (words):

dollars and cents

5.6. Bid Summary – Alternate 2

5.6.1. Total Extended Unit Bid Prices: $

5.6.2. NMGRT: $

5.6.3. Total Bid (including NMGRT): $

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ADDENDUM NO. 7 ©COPYRIGHT 2022 JACOBS

5.6.4. Total Bid including NMGRT (words):

dollars and cents

5.7. Bid Summary – Alternate 3

5.7.1. Total Extended Unit Bid Prices: $

5.7.2. NMGRT: $

5.7.3. Total Bid (including NMGRT): $

5.7.4. Total Bid including NMGRT (words):

dollars and cents

5.8. Bid Summary – Alternate 4

5.8.1. Total Extended Unit Bid Prices: $

5.8.2. NMGRT: $

5.8.3. Total Bid (including NMGRT): $

5.8.4. Total Bid including NMGRT (words):

dollars and cents

5.9. Bid Summary – Alternate 5

5.9.1. Total Extended Unit Bid Prices: $

5.9.2. NMGRT: $

5.9.3. Total Bid (including NMGRT): $

5.9.4. Total Bid including NMGRT (words):

dollars and cents

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©COPYRIGHT 2022 JACOBS ADDENDUM NO. 7

6. TIME OF COMPLETION

6.1. Offeror agrees the Work will be substantially complete and completed and ready for final payment within the timeframe specified in the Agreement.

6.2. Offeror accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work, and any specified Milestones, within the Contract Times.

7. ATTACHMENTS TO THIS BID

7.1. The following documents are submitted with, and made a condition of this Bid:

7.1.1. Required Bid security in the form of Bid bond.

7.1.2. List of Proposed Subcontractors, Specialty Subcontractors, and Suppliers using form attached to this section as Supplement 1. Offeror 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 $60,000 or greater for Work under these Bidding Documents. No more than one Subcontractor or Supplier for each category may be listed. If the Offeror fails to specify a Subcontractor for any portion of the Work to be performed under the Bidding Documents, the Offeror agrees to perform that portion of the Work itself, and further agrees that it is qualified to perform that portion of the Work.

7.1.3. Eastern New Mexico Rural Water System Finished Water One Pipeline

– Unit Price Bid Schedule for Base Bid and Alternate 1, using subsection 5.3 under this sectionSupplement 4.

7.1.4. Affidavit of Non-Collusion, Supplement 2, attached to this section.

7.1.5. Campaign Contribution Disclosure Form, Supplement 3, attached to this section.

7.1.6. Evidence of authority to do business in New Mexico.

7.1.7. Documentation that the Offeror is registered with the New Mexico Department of Workforce Solutions.

7.1.8. Documentation that subcontractors, when their portion is over $60,000, are actively registered with the New Mexico Department of Workforce Solutions.

7.1.9. Contractor’s License No.: ____________.

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ADDENDUM NO. 7 ©COPYRIGHT 2022 JACOBS

7.1.10. Contractors D-U-N-S® Number ___________________.

7.1.11. Subsection 9 – Bid Submittal under this section.

8. DEFINED TERMS

8.1. The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Offerors, the General Conditions, and the Supplementary Conditions.

9. BID SUBMITTAL

9.1. This Bid submitted by:

If Offeror is:

An Individual

Name (typed or printed):

By (signature):

Doing business as:

A Partnership

Partnership Name: (SEAL)

By:

(Signature of general partner – attach evidence of authority to sign)

Name (typed or printed):

A Corporation

Corporation Name: (SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):

By:

(Signature – attach evidence of authority to sign)

Name (typed or printed):

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©COPYRIGHT 2022 JACOBS ADDENDUM NO. 7

Title: (CORPORATE SEAL)

Attest:

(Signature of Corporate Secretary)

Date of Qualification to do business in New Mexico is:

A Joint Venture

Joint Venturer Name: (SEAL)

By:

(Signature of joint venture partner – attach evidence of authority to sign)

Name (typed or printed):

Title:

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

Offeror’s Business Address:

Phone No.:

E-mail:

BID SUBMITTED on , 20

New Mexico Contractor’s License No.:

New Mexico…