3-2016-002D Scope of Work and Specifications for

1 RFP 2016‐002D Due Date: August 21, 2015 JOC Mechanical, Plumbing/HVAC Scope of Work and Specifications

RFP 2016‐002D RFP SCOPE OF WORK AND SPECIFICATIONS FOR MECHANICAL, PLUMBING/HVAC A. INTRODUCTION: The product specified or work performed under this solicitation will be set forth in each individual project’s detailed Specifications or Scope of Work based on the product, services, or deliverables acquired through this solicitation. In addition to the General Terms and Conditions, CES is providing Categorical Terms and Conditions to this RFP. In case of conflict between the General Terms and Conditions and Categorical Terms and Conditions, the latter shall apply. B. QUOTES AND PROPOSALS

1. All proposals submitted to a CES Eligible Agency under this RFP will be based on the pricing methodology described and stipulated within each Lot of this RFP specific to the Contractor’s response and awarded contract.

2. Lot 1 ‐ The Gordian Group a. All proposals submitted to a CES Eligible Agency under this pricing methodology will be based

upon tasks and unit prices obtained from Gordian’s June 2015 Technical Specification Book (Exhibit 2) and the Construction Task Catalog® (Exhibit 3). All work performed must be quoted per the Technical Specification Book and the Construction Task Catalog® by the prime Contractor, even if subcontractors are used. Subcontractor’s invoices must tie to the price quotes submitted for the project.

b. A unit price spreadsheet must be submitted to substantiate the quote given to the CES Eligible Agency.

c. Bonding cost and New Mexico Gross Receipt Tax (NMGRT) must be shown as separate line items at the bottom of the cost spreadsheet. This information can be handwritten or typed on the spreadsheet or can be entered and printed off of the JOC web‐based application. The information submitted must clearly identify and contain all of the required detail for each of the items that make up each individual construction project.

d. All change orders must be supported and submitted in accordance with the Technical Specification and Unit Price books.

3. Lot 2 ‐ R.S. Means a. If this pricing methodology is utilized to price a project, Contractor must use the current year

and standard cost data. Only the following cost data titles will be accepted: RS Means Mechanical Cost Data 2015 Book RS Means Plumbing Cost Data 2015 Book

b. All work performed must be quoted per R.S. Means by the prime Contractor, even if subcontractors are used. Subcontractor’s invoices must tie to the R.S. Means spreadsheet.

c. An R.S. Means spreadsheet must be submitted to substantiate the quote given to the CES Eligible Agency. The spreadsheet columns must reveal the full R.S. Means number and a sufficient amount of the description. This also applies to any change orders.

d. Pricing must be done by Location Codes. National Average will not be allowed. In order to choose the “closest” location code, the first three (3) numbers of the zip code will be used to determine the city location index in New Mexico. As an example, if the project is in Hobbs, which has a zip code of 88240, the city index to be used is Roswell, which has a zip code of 88201.


e. The Contractor’s factor and the associated amount, bonding cost and New Mexico Gross Receipt Tax (NMGRT) must be shown as separate line items at the bottom of the R.S. Means spreadsheet. This information can be handwritten or typed on the spreadsheet or can be shown on a separate summary sheet. The summary sheet must start with the R.S. Means spreadsheet total and show the detail for each of the items stated above.

f. The Offeror’s submitted factor represents the percentage of the R.S. Means total cost (including overhead and profit) that will be charged to the CES Eligible Agency for construction costs. A bid cost of 92% indicates that the Contractor will charge the R.S. Means Total Cost for each assembly item times .92 as the billable amount; a bid cost of 102% indicates that the Contractor will charge the R. S. Means Total Cost for each assembly item times 1.02 as the billable amount. Factors affecting cost include the quality of materials, productivity of labor force, size of project, environmental and site conditions. Therefore, note the following: i. The individual item cost will not include New Mexico Gross Receipt Tax (NMGRT), which will

be listed as a separate line item. ii. Bonding costs will be listed as a separate line item. iii. Travel and per diem costs will be included as part of the Offeror’s factor and will not be

allowed as a separate line item for projects one hundred fifty (150) map miles or less from the home location of the Contractor or subcontractor (round‐trip).

iv. In preparing a proposal for a project more one hundred fifty (150) map miles round‐trip from the home location of the Contractor or subcontractors providing the products and services, the Offeror will propose an additional factor to be added to normal hours, other than normal hours and federal funded project factors to cover these projects.

v. Within R.S. Means there are modifiers that can be applied due to circumstances and conditions such as season of the year, weather conditions, building code requirements, safety and environmental concerns, etc. If a project’s cost proposal requires any of these modifiers, they must be identified and presented to the CES Eligible Agency for its approval prior to them being utilized to calculate a project’s cost.

vi. For goods and services required where there is not an applicable R.S. Means Listing to properly price the item, the Alternative Pricing Method or Discount from Published Prices Lists shall be allowed.

4. For Gordian and RS Means, the Contractor’s factor applied to arrive at the CES price must include all costs relating to the following, and the listed items are provided as examples only: a. Contractor’s and Subcontractor’s general cost such as home office overhead; all types of

insurance, fringe benefits, payroll taxes, worker’s compensation, etc.; site visits; project meetings and owner support services; project development; project office staff, supplies, equipment and paperwork; inspection and testing fees; training; supervision; project mobilization and close‐out; and other related costs.

b. Construction‐related cost such as, preparing and submitting paperwork relating to project proposals, drawings, and associated documents; safety and protection equipment, supplies, materials and signage; vehicles such as pickup trucks, vans, utility trucks, service trucks, office trailers and portable toilets, for Contractor’s use; tools, equipment and materials, and temporary utilities.

c. Other project costs such as transporting of workers to and from the job site; housing workers while on the project; transporting supplies, materials and equipment to and from the job site; and differences in project size, complexity, location; etc.

d. If, due to unusual or special circumstances or project needs, the use of general condition items are necessary in a R.S. Means proposal, a separate R.S. Means cost proposal listing these items must be submitted with justification and other backup documentation to CES staff for its review and


approval prior to their being included as part of a total project’s cost proposal. CES reserves the right to approve or disapprove such requests and, if the Contractor feels CES’ decision is in error, the Contractor may request third party review. The findings of the third party’s review will determine whether the Contractor or CES pays for the review. Items that fall within this area may include, but are not limited to: i. Architectural and engineering services, if required. ii. Pre‐construction site investigation to ascertain and discover conditions that may effect, impact

and/or change the project’s detailed scope of work. It is understood that unforeseen conditions and/or circumstances may arise and/or be encountered during the construction process that may need to be addressed in a change order.

iii. Special requests made by the Owner that is outside the normal and customary process. e. For county’s within a CES Region that stipulate a subsistence or incentive rate for classes of

employees, the subsistence or incentive rate is not built into the Region’s factor, rather, it will be treated as a pass through.

5. Discounts from Published Prices Lists a. Quotes and cost proposals submitted based on a discount of a manufacturer’s, a distributor’s, or

a supplier’s printed retail price lists (MSRP) must be presented by line items indicating the catalog/product number, description, quantity, unit of measure, retail unit price, CES discount, CES unit price and CES extended price.

b. Bonding cost and New Mexico Gross Receipt Tax (NMGRT) must be shown as separate line items at the bottom of the quote/cost proposal.

c. Published price list utilized must be submitted in advance and approved by CES prior to utilizing it to develop any quotes or cost proposal.

6. Alternative pricing methodology is utilized when goods and services required by a project cannot be priced by utilizing the R.S. Means or the Gordian Group or Discounts from Published Price Lists. a. The alternative pricing method involves obtaining written quotes from a least three (3) qualified

suppliers, distributors, or subcontractors and utilizes the quote that meets the project’s requirements and is the most cost effective solution.

b. All quotes received with a summary and recommendation will be provided to the CES Eligible Agency in advance and approved by that Agency prior to being included into any final project’s cost proposal.

c. CES and its Eligible Agencies reserve the right to accept or reject any quote or proposal including such items and may obtain these items through other procurement means.

d. The CES price will be determined by taking the supplier’s, the distributor’s, or the subcontractor’s invoice and adding the Contractor’s established normal and customary overhead and profit and applying the established CES discount to arrive at the CES price.

7. Any goods or services acquired as a sole source must be justified and documented in compliance and accordance with the sole source provision of the New Mexico Procurement Code (13‐1‐126 and 13‐1‐126.1 NMSA 1978).

8. Cost evaluation of individual cost items selected and appear in the cost exhibit for the Category and or Lot and will be based on a point system, with points being awarded for being low to high bidder for each cost evaluation item, such as, mileage charge, per diem rate, travel time, labor rates, etc. If an Offeror does not provide a value, marks non‐applicable (N/A) or leaves out an item that is required, CES will allot zero (0) points to that item, and if awarded a contract, that item cannot be


used in providing products or services. The low bidder will receive the full point value and all other Bidders providing a cost will receive points calculated as follows:

(Lowest Bid / Offeror Bid) x point value In the case of one or more Bidders providing an item at no cost, the bidder(s) providing the item at no cost will receive full point value. For the other bidder(s) who provide a cost, their score will be calculated as follows:

(Lowest Bid / Offeror Bid) x point value x .70


RFP 2016‐002D General Scope of Work A job order contract is an indefinite quantity contract to which the awarded contractor provides and performs general construction products and services as individual projects at different locations throughout the State and for individual CES Members and Participating Entities on an as‐needed basis. The CES JOC program is based on two nationally‐accepted pricing methodologies (pricing/quoting systems), The Gordian Group and R.S. Means, which contains various construction products and services with pre‐set unit pricing based on local labor, material and equipment prices. JOC contractors provide any/all project management, supervision, documentation, supplies, materials, labor and equipment required to perform and complete the individual CES Members’/Participating Entities’ defined construction project’s scope of work. The product specified or work performed under this solicitation will be set forth in each individual project’s detailed Specifications or Scope of Work based on the product, services, or deliverables acquired through this solicitation. In addition to the General Terms and Conditions, CES is providing Categorical Terms and Conditions to this RFP. In case of conflict between the General Terms and Conditions and Categorical Terms and Conditions, the latter shall apply.

Cooperative Educational Services’ (CES’) cooperative purchasing program re‐solicits construction contracts every two years in order to award contracts to provide construction products and services relating to construction projects specific to any of the various public educational institutions and other public agencies located throughout New Mexico. CES is seeking Contractors that hold the appropriate construction licenses for the proposed services and who possess the qualifications, experience and resources to provide construction products and services on an as‐needed basis as requested under all Categories and Lots of this solicitation. The products and services provided may include, but are not limited to the following Lots in each Category: Mechanical, Plumbing/HVAC: Qualified and experienced Contractors that possess the expertise, capacity and resources to provide Plumbing and HVAC products and services for CES Eligible Agencies on an as‐needed basis, including, but are not limited to: 1. Inspecting, assessing, and evaluating existing plumbing and mechanical systems, such as:

a. Water wells, distribution, filtering, purification systems and related equipment; b. Sewer infrastructure, treatment facilities and related equipment; c. Natural and LP gas distribution systems and related equipment; d. Heating, ventilation and air conditioning equipment (HVAC), distribution and return systems; and e. Miscellaneous mechanical equipment and systems.

2. Services relating to installing, maintaining and repairing those systems listed in item 1 above. 3. Assisting CES Eligible Agencies in developing, implementing and conducting preventive maintenance

programs to maintain their mechanical systems in good working order. 4. Providing complete and comprehensive product line(s) from a variety of nationally recognized

manufacturers of energy efficient and cost effective heating, cooling, and ventilation. 5. Providing plumbing and HVAC supplies, materials, parts and equipment to allow CES Eligible Agency’s

maintenance staff to maintain and repair the existing plumbing and HVAC systems. 6. Technical support and training for CES Eligible Agency’s in‐house maintenance staff.

Offeror shall list and provide copies of all New Mexico Contractor licenses they hold as this supports their background, knowledge and expertise. Because all work under this solicitation is on a project‐by‐project basis, exact project specifications are not available. Firms awarded contracts as a result of this RFP may be used to develop the specifications for any work to be performed for individual projects. CES currently has contracts for the products and services solicited herein. However, the current volume for these


construction products and services is not to be considered a guarantee or estimate of volume that will result from this solicitation. The Terms and Conditions listed below apply to all Lots of this RFP. If there is a conflict between General Terms, Conditions and the Categorical/Lot terms and conditions, the Categorical/Lot terms and conditions will take precedence. Special Solicitation Security CES has determined that it will require a mandatory security, bid bond or other acceptable bid security in the amount of Twenty‐Five Thousand Dollars ($25,000) in response to this RFP. The bid security must accompany the Contractor’s RFP response when submitted and be placed behind Tab 1. Acceptable bid security will be an amount equal to that specified above, or an annual or one‐time bid bond underwritten by a surety company licensed to issue bid bonds in New Mexico. Bid security can be provided using a form similar to the New Mexico State Procurement Department, with the principal being the prime Contractor and CES being the Agency of Record. The security company’s standard form is acceptable as long as it complies with the minimum requirements of the New Mexico State Procurement Department. Category 1 Definitions ADAAG: Americans with Disabilities Act Architectural Guidelines, http://www.access‐board.gov/adaag /html/adaag.htm ADA: Americans with Disabilities Act, http://www.ada.gov Adjustment Factor: The competitively bid adjustment to be applied to the unit prices listed in the Construction Task Catalog® utilized by the Gordian pricing methodology. A/E: Architectural and Engineering Builders Work: Work done in conjunction with and subsidiary to work performed by mechanical, electrical, or other trades such as installations requiring cutting and patching of others work. CCI: Construction Cost Index CFR: Code of Federal Regulations, www.gpoaccess.gov/cfr/index.html Change Order Document: Issued by the Owner to the contractor to make a specific change in the work that may result in a change in the scope of the contract's work, the contract sum, or the contract time. CID: Construction Industries Division Construction Task Catalog®: Comprehensive listing of specific construction‐related tasks, together with a specific unit of measurement and a unit price (also referred to as the “Unit Price Book” or “UPB”) utilized by the Gordian pricing methodology. Consumables: Items used, worn, or consumed such as fuel and lubricants, and parts of tools such as saw blades. Detailed Scope of Work: A written description setting forth the work the Contractor is obligated to complete for a particular Job Order/project. Factory‐Built Building: A residential or nonresidential building including a dwelling unit or habitable room thereof which is either wholly or in substantial part manufactured at an off‐site location to be assembled on‐site. Federal Regulations and Codes – Title 29: Hazardous materials handling, removal and disposal; respiratory protection and monitoring; employee exposure to hazardous materials; employee exposure and medical records; construction involving hazardous materials and hazardous communications.


Federal Regulations and Codes – Title 40: National emission standards for hazardous materials and asbestos abatement projects, worker protection, asbestos‐containing materials in schools. HVAC System: An EPA approved vacuum system. HVAC is the abbreviation for heating, ventilation, and air conditioning systems, used in building design and construction. ISO: International Standards Organization, www.iso.ch ISO 9000/9001: International Standards Organization Quality Standards Job Order: A written order requiring the Contractor to complete the detailed scope of work in the job order completion time for the job order amount. The CES Member will be responsible for the development of the job order, as well as the supervision and acceptance of the work contained in the job order description. Each job order will include a detailed scope of work, a lump sum, firm fixed price proposal from the Contractor, with New Mexico Gross Receipts Tax (NMGRT) shown as a separate line item, time duration for the completion of the work and any special conditions that might apply to that specific job order. Job Order Amount: The amount the Contractor will be paid for completing a job order. Job Order Contract (JOC): A job order contract is an indefinite quantity contract in which the Contractor will perform an ongoing series of individual small to medium, multi‐traded maintenance, repair and minor new construction projects at different locations throughout the identified CES regions. Job Order Price Proposal: A price proposal prepared by the Contractor that includes the pre‐priced tasks, non pre‐priced tasks, quantities and appropriate adjustment factors required to complete the detailed scope of work in accordance with the Gordian pricing methodology. Joint Scope Meeting: A site meeting to discuss the work before the detailed scope of work is finalized. Modular/Pre‐Engineered Building: A factory‐built building where the different components are constructed at the manufacturer’s facilities and then transported to the project site where they are assembled, erected or constructed to make a complete building. Additional construction services may be needed to finish and install other components. NEC: NFPA 70: National Electrical Code, http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp ?DocNum=70 NFPA 54: Liquid Petroleum Gas Code for installation of piping and appliances for both residential and commercial applications. NFPA 58: Liquid Petroleum Gas Code, for gas piping materials and components, gas piping installations, and inspection, testing, and purging of gas piping systems. NMAC 14.7.2: 2009 New Mexico Commercial Building Code NMPSFA: New Mexico Public School Facilities Authority, www.nmschoolbuilding.org Non Pre‐Priced Tasks: An item of work required by the detailed scope of work, but not included in the Construction Task Catalog®. Architectural and engineering services may be required periodically during the life of this contract. If architectural and engineering services are required, they will be priced as a non pre‐priced task. Any architectural and engineering fees will be negotiated with the Contractor. Such work requirements will be incorporated into and made a part of this contract for the job order to which they pertain, and can be incorporated into the Construction Task Catalog®, if determined appropriate by CES, at the base price determined in this contract. Non pre‐priced tasks will be separately identified and submitted in the job order proposal; utilized by the Gordian pricing methodology. Owner’s Representative: A CES Member’s employee or contracted consultant who has been designated by the Member to coordinate, supervise, manage, make decisions and act on the Member’s behalf during a procurement transaction or construction project. Portable/Relocateable Building: A factory‐built building which is completely constructed at the manufacturer’s facilities and then is transported to the designated project site. The only services performed on the project site relates to setting the building in place and connecting the utilities. Pre‐Priced Task: An item of work included in the Construction Task Catalog® for which a unit price is given; utilized by the Gordian pricing methodology. Subassembly: A prefabricated wall, floor, ceiling, roof or similar combination of components.


Third Party Contractor: A Contractor selected and named by the Owner in specifications or in a designer's instructions to the Contractor who is not a party to the contract in question, but who also has a construction contract with the same Owner for providing the specialized, individual building component or system the Owner has chosen to incorporate into the project, therefore, creating a need for coordination and cooperation among the Owner's engaged Contractors on the same project, provided neither Contractor raises no reasonable objections. Unit Price: The price published in the Gordian Construction Task Catalog®/R.S. Means for a specific construction or construction‐related task. Each unit price is comprised of the labor, equipment and material costs to accomplish that specific task. Unit price is also the price for a single unit of measure, such as the price for a product in a catalog or on a retail price list. RFP 2016‐002D General Specifications and Exhibits A. The documents listed below and provided as exhibits are to be considered part of RFP 2016‐002D and

may be included as part of any contract awarded as a result of this solicitation depending on the Lot awarded. 1. State of NM Wage Rates ‐ June, 2015 (Exhibit 1). And Federal David Bacon Wage Rates ‐ June, 2015 (Exhibit 1A). 2. Technical Specification Book dated June, 2015 Mechanical and Electrical (Exhibit 2). 3. Construction Task Catalog® dated June, 2015 Mechanical and Electrical (Exhibit 3). 4. RS Means Mechanical Cost Data 2015 Book (not included) 5. RS Means Plumbing Cost Data 2015 Book (not included) 6. Three Party Contract (Contract Between the Owner, Buyer and Contractor) (Exhibit 4).

Sample document is subject to modification depending on the CES Eligible Agency utilizing it.

B. Due to the nature of this Request for Proposals and the variety and level of construction products and services requested and the standard of quality and performance required in the specifications and scope of work of individual projects, the minimum acceptable product and performance standards are those established by construction trade industry organizations, federal, state and local governmental agencies; or those of the product manufacturers specified in specific job orders, unless otherwise stated in the project’s final detailed scope of work, specifications, addendums, drawings, manufacturer industry standards or CES three‐party agreement.

C. Contractor will pay for any failure to conform or for any defect. In addition, Contractor will fix any

damage to CES Eligible Agency’s controlled, real or personal property when that damage is the result of Contractor’s failure to conform to contract requirements; any defect in equipment, material, workmanship, or design furnished; or in failure to comply with federal, state and local laws, codes, and regulations. Contractor’s warranty with respect to work done, repaired or replaced under these conditions will run for one (1) year from the date of repair or replacement or completion.

D. If Contractor fails to remedy any failure, defect or damage within a reasonable time after receipt of

notice, the CES Eligible Agency will have the right to replace or otherwise remedy the failure, defect or damage at the Contractor’s expense in accordance with New Mexico state law.


Lot 1 Gordian Based Job Order Contract (JOC) for Mechanical, Plumbing/HVAC and Other Related Products and Services Lot 1 Scope of Work CES is seeking a qualified Contractor(s) who is licensed in the State of New Mexico to provide a variety of paving, site work, earthwork, concrete and related products and services for a firm, fixed price based on the Technical Specifications Book (Exhibit 2) and the Construction Task Catalog® (Exhibit 3) of this solicitation. The scope of work may include, but is not limited to, that defined in the Categorical Scope of Work. Lot 1 Term and Conditions The following are Terms and Conditions under this Lot. They are in addition to the Listing of General Terms and Conditions specified in the RFP. 1. Unless otherwise specified, the Contractor shall supply all labor, services, tools and equipment necessary

to complete specific job order tasks according to proper construction standards and practices; and shall complete projects as implied either from the project drawings or specifications. Architectural and engineering services may be required periodically. If so, the architectural and engineering fees will be addressed as a non pre‐priced item.

2. At the issuance of each job order under this contract, the CES Eligible Agency and Contractor shall discuss the issues of access and special requirements that are to be observed during the execution of the work.

3. The Contractor shall perform its job order construction work in accordance with this contract, including provisions of all pricing, management, drawings, documents, labor, materials, supplies, parts, transportation, facilities, supervision, and equipment needed to complete each job order.

4. Contractor shall maintain accurate and complete records, files and documents to include state and local

laws, ordinances, rules, regulations, manufacturers’ instructions and recommendations which are necessary and related to the work to be performed.

5. The Contractor will clearly identify each individual product and service and its cost in accordance with

the pricing methodology as allowed under this Lot. A detailed price and cost submittal with all options that need to be considered will be submitted to the CES Eligible Agency in the format required by this RFP.

6. The Contractor shall prepare and submit required reports, maintain current record drawings, and submit required information to the CES Eligible Agency. The Contractor will provide materials lists to include model, trade names and brand names and ratings (if applicable) for all materials necessary to complete the job. If CES or the CES Eligible Agency requests any information, the records and files will be made available to them.

7. The Contractor may be required to provide minor architectural, structural, mechanical, electrical, civil, or other engineering services for small performance‐based scopes of work as requested by the CES Eligible Agency or as required for filings or permits. The services shall be provided by architects or engineers registered and insured in the State of New Mexico to practice in the particular professional


field involved. Professional liability coverage shall be at least $500,000. All documents prepared by architects, consultants and engineers for the Contractor under this contract are subject to review by the CES Eligible Agencies and NMPSFA, when applicable.

8. The procedure for initiating a specific job order under the CES Gordian JOC program is as follows:

A. The CES Eligible Agency may award an individual Job Order to any selected Contractor. Selection of the Contractor and award of the Job Order will be based on one or more of the following criteria: 1) Evaluation of past and current performance on Job Orders of a similar nature and type of work,

project size, construction management challenges, schedule performance, etc. 2) Balancing of work load (Job Order dollar volume and construction backlog) among Contractors. 3) Management of Job Order dollar volume within bonding limitations of the Contractor. 4) Price, as it relates to the CES Eligible Agency’s independent cost estimate or to an offer from any

other contractor. 5) Contractor’s responsiveness to the CES Eligible Agency on Job Orders. 6) Other appropriate criteria as deemed in the best interest of the CES Eligible Agency.

B. The CES Eligible Agency will notify the Gordian Group’s designated representative and the selected Contractor of a project. The CES Eligible Agency and the Contractor will schedule a site visit (Joint Scope Meeting) to discuss and develop a scope of work, determine the project requirement and compile all pertinent documents. From this meeting, the Contractor and CES Eligible Agency shall come away, at a minimum, with the following: 1) Job order number and title. 2) The general scope of work. 3) Existing site conditions. 4) Definition and refinement of requirements. 5) Detailed scope of work. 6) Establishing requirements for design drawings, sketches, submittals, catalogue cuts, samples,

shop drawings, etc. 7) Tentative construction schedule (bar chart or critical path method [CPM] schedule). 8) Preliminary quantity estimates. 9) Proposal due date. 10) Methods and alternatives for accomplishing work. 11) Access to the site and protocol for admission. 12) Staging area. 13) Presence of hazardous materials. 14) Liquidated damages.

C. Upon completion of the joint scope process, the Contractor will prepare and submit a draft of the detailed scope of work, referencing any attachments required to accurately document the work to be accomplished for the CES Eligible Agency to review and approve, amend or reject. The detailed scope of work, unless modified and agreed to by both the Contractor and the CES Eligible Agency, will be the basis on which the Contractor will develop its Job Order Price proposal and submit it to the CES Eligible Agency for its final acceptance or rejection. The Contractor does not have the right to refuse to perform any task or any work in connection with a particular project.

D. Preparation of the Job Order Price Proposal 1) The value of the Job Order Price Proposal shall be calculated by summing the total of the

calculations for each Pre‐priced Tasks (Unit Price x quantity x Adjustment Factor) plus the value of all Non Pre‐priced Tasks.

2) The Job Order Amount shall be the value of the approved Job Order Price Proposal. 3) The Contractor's Job Order Price Proposal shall also include the following:

(a) Required drawings or sketches;


(b) List of anticipated Subcontractors; (c) Construction schedule; (d) Calculations; (e) Special insurance, if required; (f) For special equipment, a copy of the warranty document, if required; (g) Other requested documents.

4) The Contractor will prepare its Job Order Price Proposal in accordance with the following: (a) Pre‐priced task: A task described in, and for which a Unit Price is set forth in, the

Construction Task Catalog®. (b) Non Pre‐priced Task: A task that is not set forth in the Construction Task Catalog®. (c) Information submitted in support of Non Pre‐priced Tasks shall include, but not be limited

to, the following: (i) Catalog cuts, specifications, technical data, drawings, or other information as required

to evaluate the task. (ii) If the Contractor will perform the work with its own forces, it shall submit three

independent quotes for all material to be installed and shall, to the extent possible, use Pre‐priced Tasks for labor and equipment from the Construction Task Catalog®. If the work is to be subcontracted, the Contractor must submit three independent quotes from subcontractors. The Contractor shall not submit a quote or bid from any supplier or subcontractor that the Contractor is not prepared to use. CES Eligible Agency may require additional quotes and bids if the suppliers or subcontractors are not acceptable or if the prices are not reasonable.

The final price submitted for Non Pre‐priced Tasks shall be according to the following formula: For Non Pre‐priced Tasks Performed with Contractor's Own Forces: A = The hourly rate for each trade classification not in the Construction Task Catalog® multiplied by the quantity; B = The rate for each piece of Equipment not in the Construction Task Catalog® multiplied by the quantity; C = Lowest of three independent quotes for all materials. Total for a Non Pre‐priced Tasks performed with Contractor’s Own Forces = (A+B+C) x Non Pre‐priced Task Adjustment Factor For Non Pre‐priced Tasks Performed by Subcontractors: If the Non Pre‐priced Task is to be subcontracted, the Contractor must submit three independent quotes for the work. D = Lowest of three Subcontractor Quotes Total Cost for Non Pre‐priced Tasks performed by Subcontractors = D x Non Pre‐Priced Task Adjustment Factor

(d) After a Non Pre‐priced Task is used on three separate Job Orders, the Unit Price for such task will be established, following approval by the CES Eligible Agency, and fixed as a permanent Non Pre‐priced Task which will no longer require price justification.

(e) The CES Eligible Agency’s determination as to whether a task is a Pre‐priced Task or a Non Pre‐priced Task shall be final, binding and conclusive as to the Contractor.

E. Contractor shall make the necessary arrangements for and obtain all filings and permits required for the Work, including the preparation of all drawings, sketches, calculations and other documents and information that may be required therefor. If the Contractor is required to pay an application fee for filing a project, a fee to obtain a building permit, or any other permit fee to the City, State or some other governmental or regulatory agency, then the amount of such fee paid by the Contractor for


which a receipt is obtained shall be treated as a Reimbursable Task to be paid without mark‐up. The cost of expediting services or equipment use fees are not reimbursable.

F. The Contractor shall provide incidental engineering and architectural services required in connection with a particular Job Order including drawings and information required for filing.

G. The Contractor's Job Order Price Proposal shall be submitted by the date indicated at the Joint Scope meeting. All incomplete Job Order Price Proposals shall be rejected. The time allowed for preparation of the Contractor's Job Order Price Proposal will depend on the complexity and urgency of the Job Order but should average between seven and fourteen days. On complex Job Orders, such as Job Orders requiring incidental engineering/architectural drawings and approvals and permits, allowance will be made to provide adequate time for preparation and submittal of the necessary documents.

H. In emergency situations and minor maintenance and repair Job Orders requiring immediate completion, the Job Order Price Proposal may be required quickly and the due date will be so indicated on the Request for Proposal or, as described below, the Contractor may be directed to begin work immediately with the paperwork to follow.

I. By submitting a Job Order Price Proposal to the CES Eligible Agency, the Contractor agrees to accomplish the Detailed Scope of Work in accordance with the Request for Proposal at the price submitted. It is the Contractor's responsibility to include the necessary tasks and quantities in the Job Order Price Proposal and apply the appropriate Adjustment Factor(s) and Construction Task Catalog® prior to delivering it to the CES Eligible Agency.

J. If the Contractor requires clarifications or additional information regarding the scope of work in order to prepare the Job Order Price Proposal, the request must be submitted so that the submittal of the Job Order Price Proposal is not delayed.

9. Review of the Proposal and Issuance of Job Order and CES Purchase Order. A. The CES Eligible Agencies representative will evaluate the Contractor’s proposal, and proposed

tasks, and compare these with the cost estimate of the detailed scope of work to determine the reasonableness of approach, including the nature and quantity of tasks proposed.

B. The Contractor may choose the means and methods of construction; subject however, to CES Eligible Agency's right to reject any means and methods proposed by the Contractor that: 1) Will constitute or create a hazard to the work, or to persons or property; or 2) Will not produce finished Work in accordance with the terms of the Contract; or 3) Unnecessarily increases the price of the Job Order when alternative means and methods are

available. C. The CES Eligible Agency reserves the right to reject a Job Order Price Proposal or cancel a Project for

any reason. CES Eligible Agency also reserves the right not to issue a Job Order if it is determined to be in the best interests of CES Eligible Agency. CES Eligible Agency may perform such Work by other means. The Contractor shall not recover any costs arising out of or related to the development of the Job Order including but not limited to the costs to attend the Joint Scope Meeting, review the Detailed Scope of Work, prepare a Job Order Price Proposal (including incidental architectural and engineering services), subcontractor costs, and the costs to review the Job Order Price Proposal with CES Eligible Agency.

D. Each Job Order provided to the Contractor shall reference the Detailed Scope of Work and set forth the Job Order Price and the Job Order Completion Time. All clauses of this Contract shall be applicable to each Job Order. The Job Order, delivered to the Contractor constitutes CES Eligible Agency's acceptance of the Contractor's Job Order Price Proposal. A copy of the Job Order will be provided to the Contractor.

E. CES will review all information submitted and, if CES finds the job order to be in compliance with the terms, conditions and specifications, CES will issue the Contractor a CES purchase order, which is


considered Contractor’s notice to proceed. Job orders shall include all documents relating to the identified project. The CES purchase order, signed by and delivered to the Contractor, constitutes CES and its Agency’s acceptance of the Contractor’s proposal. A signed copy will be provided to the Contractor, together with the Notice to Proceed.

10. In the event that immediate emergency response is necessary, the Contractor shall be required to follow alternative procedures as established by CES. The Contractor will begin work as directed by the CES Eligible Agency and approved by CES, notwithstanding the absence of a fully developed Request for Proposal, Detailed Scope of Work or Job Order. The Contractor shall be compensated as if the work had been ordered under the standard procedures.

11. The Contractor will prepare and submit with each proposal a bar chart or CPM schedule setting forth the manner and sequence of the work. The Contractor shall schedule the work in accordance with the time duration set forth in the Request for Job Order Proposal.

12. Changes in the work requested in a job order shall be dealt with by a change order. Additions or

deletions are calculated by using the appropriate item in the Construction Task Catalog®, times the quantity to be added or deleted, times the appropriate adjustment factor. Time will be negotiated as appropriate for the scope of work.

13. Notice to Proceed: The Contractor will not begin work on a job order until CES’ purchase order is issued and all documents relating to that job order are signed by CES, its Eligible Agency and the Contractor and Notice to Proceed has been issued to the Contractor.

14. The Gordian Group’s Job Order Contracting Software License

A. CES selected The Gordian Group’s (Gordian) Job Order Contracting (“JOC”) Solution (Gordian JOC Solution) for their JOC program. The Gordian JOC Solution includes Gordian’s proprietary eGordian® JOC applications (JOC Applications) and construction cost data (Construction Task Catalog®), which shall be used by the Contractor to prepare and submit Job Order Price Proposals, subcontractor lists, and other requirements specified by CES. The Contractor shall be required to execute Gordian’s JOC System License to obtain access to Gordian’s JOC Solution. The Contractor’s use, in whole or in part, of Gordian’s JOC Applications, Construction Task Catalog® and other proprietary materials provided by Gordian for any purpose other than to execute work under this Contract for CES is strictly prohibited unless otherwise approved in writing by Gordian. The Contractor hereby agrees to abide by the terms of the following JOC System License.

B. Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for the term of this Contract or Gordian’s Contract with CES, whichever is shorter, a non‐exclusive right, privilege, and license to Gordian’s proprietary JOC System and related proprietary materials (collectively referred to as “Proprietary Information”) to be used for the sole purpose of executing Contractor’s responsibilities to CES under this Contract. The Contractor hereby agrees that Proprietary Information shall include, but is not limited to, Gordian‘s JOC Applications and support documentation, Construction Task Catalog®, training materials and other Gordian provided proprietary materials. In the event this Contract expires or terminates as provided herein, or Gordian’s Contract with CES expires or terminates, this JOC System License shall terminate and the Contractor shall return all Proprietary Information in its possession to Gordian.

C. Gordian may terminate this License Agreement in the event of: (1) any breach of a material term of this Agreement by the Contractor which is not remedied within ten (10) days after written notice to the breaching party; or (2) the other party’s making an assignment for the benefit of its creditors, or


the filing by or against such party of a petition under any bankruptcy or insolvency law, which is not discharged within thirty (30) days of such filing.

D. The Contractor acknowledges that disclosure of Proprietary Information will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy and agrees that no such disclosure shall be made to anyone without first receiving the written consent of Gordian. The Contractor further acknowledges and agrees to respect the copyrights, registrations, trade secrets, and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Contract and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided to the Contractor.

E. In the event of a conflict in terms and conditions between this JOC System License and any other terms and conditions of this Contract or any Job Order, Purchase Order or similar purchasing document issued to the Contractor by CES, this JOC System License shall take precedence.

Lot 1 Required Response The Offeror, through written narratives and documentation, must provide responses to all items found in Tab 4 ‐ Offeror’s Qualifications and Tab 5 Forms including Form H – Manufacturer’s Representative Form. Failure to provide the information requested may result in the Offeror’s response being non‐responsive. Lot 1 Price and Cost Submittal 1. When preparing a project proposal for this Lot, the Contractor shall utilize the following pricing

methodologies to prepare their cost proposal for individual job order projects. 2. Gordian

A. Adjustment Factor: The Contractor’s competitively bid price adjustment to the unit prices as published in the Construction Task Catalog®. Contractors must bid nine (9) adjustment factors as follows: 1) Normal Working Hours (Defined as 7:00 a.m. to 5:00 p.m. Monday‐Friday) (Outside Tribal

Lands). (a) One for work in normal hours when the total project cost (job order) is in excess of $60,000,

requiring state wage rates. (b) One for work in normal hours when the total project cost (job order) is less than $60,000

and does not require state wage rates. 2) Other Than Normal Working Hours (Defined as all hours not defined as normal hours above)

(Outside Tribal Lands). (a) One for work in other than normal working hours when the total project cost (job order) is

in excess of $60,000, requiring state wage rates. (b) One for work in other than normal working hours when the total project cost (job order) is

less than $60,000 and does not require state wage rates. 3) Project Funded by Federal Funds or on Tribal Lands Performed During Normal Working Hours

(Defined as 7:00 a.m. to 5:00 p.m. Monday‐Friday) (a) One for work in normal working hours when the total project cost (job order) is in excess of

$2,000, requiring federal wage rates. (b) One for work in normal working hours when the total project cost (job order) is less than

$2,000 and does not require federal wage rates. 4) Project Funded by Federal Funds or on Tribal Lands Performed Outside Normal Working Hours

(Defined as all hours not defined as normal hours above) (a) One for work in other than normal working hours when the total project cost (job order) is

in excess of $2,000, requiring federal wage rates.


(b) One for work in other than normal working hours when the total project cost (job order) is less than $2,000 and does not require federal wage rates.

(c) Note: Factors (c) and (d) are utilized for projects funded by federal funds and require Davis Bacon Wage Rates or for projects located on tribal lands.

5) Non Pre‐Priced Tasks B. All adjustment factors are expressed as an increase or decrease from the published prices. C. When offering an adjustment factor, the Offeror must include in its factor:

1) All general cost (General Conditions) such as home office overhead; all types of insurance, fringe benefits, payroll taxes, worker’s compensation etc.; site visits; project meetings and owner support services; project development; project office staff, supplies, equipment and paperwork; inspection and testing fees; training; supervision; project mobilization and close‐out and other related costs.

2) Plan Checking and Permit Fees: Include as part of the response any plan checking fee as charged by any municipality, county or state government (or any other applicable entity or agency with jurisdiction over the project) for checking contract documents prior to obtaining a building permit. Include in your response all costs incurred for permits relating to this requirement.

1.1 Note: Offerors and Subcontractors whose home location is in one region and the project is in another must build into their adjustment factor the above costs associated for doing projects in other regions. No general conditions relating to the above items will be allowed in a project’s proposal unless it is submitted and approved in advance by The Gordian Group and CES.

D. Economic Price Adjustment: The Adjustment Factors may be updated on each anniversary of the award date to account for changes in construction costs, provided, the Contractor requests in writing, approximately fourteen to thirty days prior to the anniversary of the award date, that the Adjustment Factors be updated. Such request shall be delivered to CES and to Gordian. In the event the Contractor fails to deliver the request timely, then CES shall determine the date on which the Adjustment Factors will be updated, but in no event will such date be later than thirty days after the written request to update the Adjustment Factors is received by CES. Thereafter, the Contractor’s Adjustment Factors will be adjusted according to the following: 1) The Contractor’s Normal Working Hours and Other than Normal Working Hours Adjustment

Factors will be adjusted according to the following: (a) A Base Year Index shall be calculated by averaging the 12 month Construction Cost Indices

(CCI) for [Insert ENR City] published in the Engineering News Record (ENR) for the 12 months immediately prior to the month of the bid due date (e.g. April bid date, Base Year Index is April of the prior year to March of the bid date year).

(b) A Current Year Index shall be calculated by averaging the 12 month Construction Cost Indices (CCI) for [ENR City] published in the Engineering News Record (ENR) for the 12 months beginning with the month of anniversary of the bid due date (e.g. April bid date, Current Year Index is April of the prior year to March of the current year).

(c) The Economic Price Adjustment shall be calculated by dividing the Current Year Index by the Base Year Index.

(d) The Contractor’s original Adjustment Factors shall be multiplied by the Economic Price Adjustment to obtain the Contractor’s new Adjustment Factors effective for the next 12 months.

(e) Averages shall be obtained by summing the 12 month indices and dividing by 12. (f) All calculations in this article shall be carried to the fifth decimal place and rounded to the

fourth decimal place. The following rules shall be used for rounding: (g) The fourth decimal place shall be rounded up when the fifth decimal place is five (5) or

greater.


(h) The fourth decimal place shall remain unchanged when the fifth decimal place is less than five (5).

2) ENR occasionally revises indices. ENR CCIs used in the calculations described above shall be those currently published at the time the Economic Price Adjustment calculation is performed. No retroactive adjustments will be made as a result of an ENR revision. Revised CCI indices, if any, shall be used in subsequent calculations.

3) Under all circumstances, should the Contractor submit a Job Order Price Proposal with inaccurate Adjustment Factors, the act of submission by the Contractor is a waiver of all rights to any further compensation above the Job Order Amount submitted in the Job Order Price Proposal.

4) The Contractor cannot delay submission of the Job Order Proposal past the due date to take advantage of a scheduled update of the Adjustment Factors. In that event, the Contractor shall use the Adjustment Factors that would have been in effect without the delay.

5) The Adjustment Factor for Non Pre‐priced Tasks will remain constant for the duration of the Contract.

Lot 1 Cost Evaluation Information

The following cost items need be submitted electronically in the Microsoft Excel Price Sheet Form, Lot 1 Gordian, and uploaded into Tab 6 of your response. 1. Offeror’s Gordian Costing of Products and Services Factor relating to construction projects. 2. Offeror’s Support for CES Pricing – Same as indicated on From F.

3. Performance and Payment Bond Costs: This represents the cost the vendor incurs to provide a performance and payment bond to the Member for an individual project when it is required. The Offeror is to indicate the percentage rate charged on the total cost of an individual project to obtain a bond, and the documentation to substantiate the rate, that is, two percent (2%).


Lot 2 Job Order Contract (JOC) for Mechanical, Plumbing/HVAC Utilizing Published Price Lists, R.S Means and Alternative Pricing Methodologies

Category 2 Scope of Work CES is seeking a qualified Contractor(s) who is licensed in the State of New Mexico to provide a variety of construction products and services for a firm, fixed price based on R.S. Means RS Means Mechanical Cost Data 2015 Book and the RS Means Plumbing Cost Data 2015 Book, and other pricing methodologies identified in this solicitation. The scope of work may include, but is not limited to, construction services relating to the repair, alteration, maintenance, renovation, modernization, rehabilitation, and related services specific to the awarded Lot or Lots. The JOC Contractor will furnish all management, documentation, labor, materials and equipment needed to perform and complete the scope of work stated for each individual project requested under this Category for the Lots that they are awarded. Category 2 Terms and Conditions The following are Terms and Conditions under this Lot. They are in addition to the Listing of General Terms and Conditions specified in the RFP. A. Upon request by a CES Eligible Agency and at no cost to CES or the CES Eligible Agency, the Contractor

will arrange a meeting with the Agency to review the scope of construction products and services to be provided, project’s location, conditions and timelines, the CES Agency’s requirements and expectations to gather the information required to prepare the necessary paperwork and cost proposal to enable the Agency to make a decision on whether or not to proceed with the proposed project.

B. As part of the joint scope of work meeting, the Contractor will perform a preliminary investigation to develop the project’s detailed scope of work. The Contractor shall determine if the project is being funded in part or in whole by the CES Agency, the Federal Government or NMPSFA. The Contractor shall communicate with all parties that have been identified as co‐owner’s representatives.

C. Based on the information obtained from the owner’s designated representative(s), and the Contractor’s

evaluation and review of the project’s documentation and detailed scope of work, the Contractor will prepare a detailed cost proposal covering the services, materials, equipment and other related items needed to initiate and complete the proposed project’s detailed scope of work. This will include, but is not limited to, the estimated timelines, terms, conditions and specifications of performance, warranties, etc., with their associated costs.

D. The Contractor will clearly identify each individual product and service and its cost in accordance with the

R.S. Means or other pricing methodology as allowed under this Lot. A detailed price and cost submittal with all options that need to be considered will be submitted to the CES Eligible Agency in the format required by this RFP.

E. The Contractor will clearly identify which of the proposed products and services will be provided by its employees and which items it intends to subcontract. The Contractor will provide a list of all subcontractors with their contact information, NMCID license information, type of products and services provided and dollar value of work to be performed. If applicable, include the subcontractors NMDWS registration number.


F. The CES Eligible Agency reserves the right to accept or reject any project proposal submitted by

Contractor.

G. The Contractor may be asked by the CES Eligible Agency to work with them to modify the proposal to meet their needs or available resources. Any changes should be clearly identified in writing so the CES Eligible Agency clearly understands the impact such changes may have on the project outcome or overall quality of the project.

H. On the acceptance of the project proposal, the Contractor and the CES Eligible Agency will need to create

and file all required documents with CES, with all appropriate state and local governing authorities, and acquire permits and authorization. If required, the Contractor will complete and sign a CES or CES/NMPSFA third‐party agreement between the Buyer, Contractor and Owner. If an additional contract is completed between the Contractor and CES Eligible Agency, the Contractor will submit a copy of the signed contract along with its project and cost proposal to CES. CES will verify the pricing to be in accordance with the RFP pricing and will issue a CES purchase order to the Contractor.

I. The Contractor must provide the owner a complete scope of work which includes a description of the

work to be performed by the Contractor, the subcontractor and the owner prior to the issuance of a purchase order.

J. In any contract between the Contractor and an owner based on this RFP, the Terms and Conditions of the

RFP will prevail.

K. The Contractor, upon receipt of the CES purchase order, will provide CES with a copy of any applicable performance and payment bonds for the Contractor and any subcontractors, finalized project timelines, schedules of values, the NMDWS paperwork and additional required documents.

L. Any change orders or modifications to the project will occur only with written approval of CES, the CES Eligible Agency and the Contractor.

Lot 2 Required Response The Offeror must identify the Lot or Lots that are being proposed on all applicable forms. The Offeror, through written narratives and documentation, must provide responses to all items found in Tab 4 ‐ Offeror’s Qualifications and all Tab 5 Forms included Form H – Manufacturer’s Representative List. Failure to provide the information requested may result in the Offeror’s response being non‐responsive. If the Offeror is submitting a response for more than one Lot, information specific to the submitted Lot must be provided.

Lot 2 RS Means Price and Cost Submittal A. When preparing a project proposal for this Lot, the Contractor shall utilize the following pricing

methodologies to prepare their cost proposal for individual job order projects.


B. R.S. Means Pricing Methodology.

1. The Offeror responding to this Lot will acquire the current version of the R.S. Means CD/Software or

copies of the bound books that are required in order to prepare a cost proposal covered by this Lot. 2. The R.S. Means pricing method is to be the primary method for pricing projects covered by this Lot,

unless it cannot clearly and accurately reflect the line‐item costs of the project. In these cases, the project may require the use of multiple pricing methodologies defined herein.

3. When utilizing the R.S. Means pricing methodology, there are options that can be established that will govern how individual construction cost items within the R.S. Means software or cost‐books can effect and modify the individual item’s costs as a global setting and will determine the actual item’s cost that appears on the project’s price proposal. All such options must be disclosed and noted within the Offeror’s cost submittal response.

4. The individual item’s cost shown in the R.S. Means’ cost‐listing indicates the materials, equipment, labor, overhead and profit that will be charged the Owner for the construction item.

5. R.S. Means cost proposals are to be the primary method utilized for projects covered by this Lot. a. All products and services required to complete the project’s detailed scope of work provided must

be listed. b. The Contractor must, for each individual cost item shown on their cost proposal, identify any of the

R.S. Means special factors that are applicable. c. A current edition of R.S. Means shall be utilized for the response to the RFP. A new edition is

published January 1st of each year, adjustments and updates to reflect current material costs, equipment costs, labor rates, market conditions, etc., are included in the new addition and will limit the need for item prices to be adjusted. If a price increase occurs during the year that significantly affects the industry, the Contractor may request CES’ approval for an adjustment.

d. The quantity or unit of measure, of a product or service, must accurately represent the required need.

e. A subtotal of all of the items selected will be presented and the Contractor’s multiplier/factor awarded for the region will be applied to arrive at the R.S. Means project cost.

f. Contractor’s R.S. Means factor i. As part of the Offeror’s response to this Lot, it will propose a factor that will be applied to the

R.S. Means’ construction cost proposal to reflect the additional Contractor’s costs to prepare for, mobilize, take possession of, secure and take control of the construction site, and to manage, supervise and complete all activities required by the project and the CES one percent (1%) administrative fee.

ii. The Offeror’s factor must include all general condition items and the CES one percent (1%) administrative fee.

iii. Since all mobilizations, transportation and travel costs for both its and its subcontractor’s personnel are to be included in the Offeror’s factor, if the Offeror intends to service CES procurement regions other than the region in which Offeror is located and intends to utilize subcontractor’s that are not located in the CES procurement region where the project is located, the Offeror must take into consideration all of these variables and appropriately allow for them in its factor for each region it intends to serve.

iv. The Offeror will propose a factor for each of the CES procurement regions it intends to serve. This factor will be expressed as a whole number plus three (3) decimals places. For example, if the Offeror proposes (0.925) and the project’s construction quote/cost proposal subtotal is ten


thousand ($10,000) dollars, then the calculation would be ($10,000 multiplied by 0.925 equals $9,250) total construction costs. If the Offeror proposes (1.125) and the project’s construction quote/cost proposal subtotal is ten thousand ($10,000) dollars, then the calculation would be ($10,000 multiplied by 1.125 equals $11,250) for total construction costs.

v. The Offeror will propose the following factors for each CES procurement regions it intends to service. The Offeror may propose factors that are the same for all regions or may vary between regions. 1) Normal Working Hours (Defined as 7:00 a.m. to 5:00 p.m. Monday‐Friday) (Outside Tribal

Lands). a) One for work in normal hours when the total project cost (job order) is in excess of

$60,000, requiring state wage rates. b) One for work in normal hours when the total project cost (job order) is less than

$60,000 and does not require state wage rates. 2) Other Than Normal Working Hours (Defined as all hours not defined as normal hours

above) (Outside Tribal Lands). a) One for work in other than normal working hours when the total project cost (job

order) is in excess of $60,000, requiring state wage rates. b) One for work in other than normal working hours when the total project cost (job

order) is less than $60,000 and does not require state wage rates. 3) Project funded by Federal Funds or on Tribal Lands and performed during working hours

(Defined as 7:00 a.m. to 5:00 p.m. Monday‐Friday). a) One for work performed during normal hours when the total project cost (job order) is

in excess of $2,000, requiring federal wage rates. b) One for work performed during normal hours when the total project cost (job order) is

less than $2,000 and does not require federal wage rates. 4) Project funded by Federal Funds or on Tribal Lands and performed outside normal

working hours (Defined as all hours not defined as normal hours above). a) One for work performed outside of normal hours when the total project cost (job

order) is in excess of $2,000, requiring federal wage rates. b) One for work performed outside of normal hours when the total project cost (job

order) is less than $2,000 and does not require federal wage rates. Note: Factors c) and d) are utilized for projects funded by federal funds and require Davis Bacon Wage Rates or for projects located on tribal lands.

5) An Add‐on factor for projects located 150 (round‐trip) map miles from the Contractor’s and/or subcontractor’s home locations. a) Propose a factor to be added to the normal hours, other than normal hours or the

federal funded factor for projects located 150 map miles (round‐trip) from the contractor’s and/or subcontractors home location.

g. The Offeror’s awarded factor may be adjusted on the Offeror’s CES contract anniversary date by applying the escalation or de‐escalation measured by the Construction Cost Index (CCI) published in the ENR, Engineering News‐Record.

h. Cost of permits, performance and payment bond costs, tribal taxes and New Mexico Gross Receipt Taxes are shown as separate line items on the cost proposal.

C. Alternative Pricing Methodology 1. If there are R.S. Means’ cost products or services that cannot accurately describe the construction

product or services required by the project’s detail scope of work, the cost of these items will be calculated by utilizing these components of the alternative pricing methodology.


a. The Offeror will propose a percentage that includes the Offeror’s overhead, markup and profit to determine the normal and customary price.

b. The Offeror will also propose a percentage that reflects the amount of discount offered to CES and CES Eligible Agencies that will be used to determine the CES price.

2. Once a quote is approved by the CES Eligible Agency, the Contractor will apply their proposed percentage to establish the normal and customary retail price. For example, if the total cost of the quote is ten thousand ($10,000) dollars and the Contractor’s awarded percentage is eighteen percent (18%), the retail price would be determined by multiplying $10,000 by 1.18, establishing $11,800 as the alternative price. In developing this percentage, the Offeror must take into account any non‐construction general conditions and include them as part of its percentage.

3. The CES price is calculated by taking the alternative price of $11,800 and multiplying it by the CES discount off of the alternative price that was proposed and subtracting that amount from the alternative price. For example, given the alternative price of $11,800 and a five (5) percent discount from the alternative price, the calculation would be ($11,800*.05) = $590; then $11,800 ‐ $590 = $11,210. The CES price of $11,210 would be made a part of the project’s cost proposal.

4. The Contractor must provide CES all of the quotes and documents associated with its final project cost proposal when the alternative pricing methodology is utilized.

5. \Cost of permits, performance and payment bond costs, tribal taxes and New Mexico Gross Receipt Taxes are shown as separate line items on the cost proposal.

D. Published/Retail Price Lists: For products and services not covered by R.S. Means, the Offeror may prepare and submit a supplier’s, a distributor’s or manufacturer’s published price list as another pricing methodology. The line‐item cost of these items will be determined and calculated by taking the published price list and applying a CES discount to obtain the price paid by the CES Eligible Agency.

Lot 2 RS Means Cost Evaluation Information The following cost items need be submitted electronically in the Microsoft Excel price sheet Form, Lot 2 RS Means, and uploaded into Tab 6 of your response. A. Offeror’s R.S. Means Factor for Costing of Products and Services relating to construction projects.

B. Performance and Payment Bond Costs: This represents the cost the vendor incurs to provide a

performance and payment bond to the Member for an individual project when it is required. The Offeror is to indicate the percentage rate charged on the total cost of an individual project to obtain a bond, and the documentation to substantiate the rate, that is, two percent (2%).

C. Alternative Methods of Costing: Used for those items that cannot be priced using the R.S. Means pricing

method, including sole source items. Offeror is to indicate the percent of overhead, or markup, to be added to these costs to obtain the standard cost on which the CES discount can be taken to achieve the CES price.

D. CES Discount off Alternative Method of Costing to obtain CES prices: Used for those items that cannot be

priced using the R.S. Means pricing method. This represents the percent of discount that is taken off the


standard cost to obtain the CES price. Example: item cost $1,000, percent of profit and overhead of 20% equals standard price of $1,200, less the CES discount of 10% or $120 equals the CES price of $1,080.

E. Discounts Provided on Price Lists and Catalogs: This represents the average discount provided by the

Offeror on stated prices.

F. Offeror’s Support for CES Pricing: Same as indicated on Form F.

Documents

3-2016-002D Scope of Work and Specifications for