N.M. Admin. Code § 20.7.9.500

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.7.9.500 - PROJECT PLANNING GUIDELINES, DESIGN REQUIREMENTS AND CONSTRUCTION REQUIREMENTS

A. Planning Guidelines:

(1) Facilities planning consists of those necessary plans and studies that directly relate to the collection system and treatment works needed to comply with the Federal Clean Water Act and New Mexico Water Quality Act. Facilities planning will substantiate the need for the proposed facilities. It is a systematic evaluation of alternatives in regard to unique demographic, topographic, hydrologic, and institutional characteristics of the area that demonstrates that the selected alternative is cost effective in meeting the applicable effluent, groundwater and surface water quality, and public health requirements over the design life of the facility (while recognizing environmental and other nonmonetary considerations).

(2) The selection of the best wastewater and sludge management alternative is the most important outcome of the planning process.

(3) The facilities plan (feasibility report or engineer's report) should include:

(a) A description of the proposed project and the complete system of which it is a part.

(b) A cost-effective analysis of the project in providing wastewater services to meet existing Colonias residents' wastewater needs. Costs to be considered must include the present worth or equivalent annual value of all capital costs as well as operation and maintenance costs. Population forecasts should be consistent with county or state planning assessments.

(c) Cost information on total capital costs and annual O&M as well as estimated annual or monthly costs to residential and commercial users.

(d) An adequate evaluation of the environmental impacts of alternatives.

(e) For the selected alternative, a concise description that details:

(i) Relevant design parameters;

(ii) Estimated capital construction cost and operation and maintenance costs identifying sources of funds and local share; and

(iii) Cost impact on users.

(f) Demonstration that the Grantee has the legal, institutional, managerial, and financial capability to ensure adequate construction and operation and maintenance of the treatment works throughout the service area.

(g) Summary of public participation in the development of the facilities plan.

(4) If any of the above information has been developed separately, it may be incorporated by reference rather than duplication.

B. Design Requirements:

(1) Before beginning the design of the project, the following requirements must be completed and submitted by the Grantee to the NMED and approved by the NMED.

(a) Engineering Report/Facilities Plan: When real property is to be acquired as part of the project and within the project period submit documentation of the acquisition, including legal description, the date the property was acquired, a certified copy of title to the property, and an appraisal report by a qualified appraiser.

(b) Proof of adequate property, liability, and fidelity insurance coverage to the project as shall be required by NMED. Fidelity insurance shall be for Grantee employees who are responsible for handling grant monies.

(c) Draft plan of operation which outlines staffing in compliance with the New Mexico Utility Operator Certification Act with start-up procedures that assure efficient operation and maintenance for the facilities.

(d) Project schedule.

(e) Proposed sewer use ordinance.

(f) Proposed User Charge System: The user charge system represents revenue for good operation and maintenance and replacement of worn-cut equipment (O M & R). One basis for the system is actual use which is measured in terms of water meter readings, measurement of sewer flow, etc. The rates are uniformly applied to each class (residential, commercial, or industrial) of user in proportions. If there is no existing user charge system, the first year rates should be based on the estimates of O&M costs and then adjusted annually thereafter to reflect actual O&M and replacement costs.

(g) Number and name of NPDES permit and/or state groundwater permit.

(h) Sludge management plan which assures compliance with 40 CFR Parts 257 and 503, and New Mexico Water Quality Control Commission Groundwater Discharge Regulations 20 NMAC 6.2. Process Design Manual -- Land Application of Sludqe (EPA-625/1-83-016) & EPA BGM77 may be referenced in the development of the plan.

(2) Design of the project shall be done by a consulting engineer who is registered in New Mexico.

(a) Designs should adhere to sound construction practice using materials, methods, and equipment of proven dependability.

(b) Buildings shall be economical to operate and maintain and should be assessable to the handicapped.

(c) Designs shall insure nonviolation of the NPDES permit or state groundwater discharge permit as appropriate.

(d) Safety shall be a prime consideration in design.

C. Construction Requirements:

(1) All plans and specifications and related addenda for the project must be submitted to NMED for review and approval before the project is advertised for sealed construction bids.

(2) All work relating to easements. rights-of-way, other property rights, and financing provisions shall be completed prior to advertising for construction sealed bids.

(3) Certified bid tabulation, recommendation of award, and evidence of full project financing should be submitted to NMED for review and approval prior to construction contract award.

(4) Competitive bidding, in accordance with 40 CFR Part 31 and applicable state laws (including local wage determinations as provided for in NMSA 1978, 13-4-11), shall be used for awarding of contracts. Contracts shall be awarded to the responsive and responsible bidder who submits the lowest acceptable bid, or as provided for by 40 CFR Part 31.

(5) Following NMED approval of the proposed award the Grantee shall provide for each contract:

1) notice of award,

2) notice of preconstruction conference,

3) executed copies of previously approved contract form documents, and

4) notice to contractor to proceed. Performance, and payment bonds in the amount of 100 percent of the project bid will be required of each contractor and copies of said documents will be filed with NMED. A copy of bid bond (for 5% of the construction cost) for the selected contractor will be filed with the NMED.

(6) The contractor shall be required to submit a schedule for construction at the preconstruction conference for that contract.

(7) The Grantee shall submit all modifications to plans, specifications, and contract change orders to NMED's project engineer promptly for approval prior to implementation of such modification or change. The NMED's decision shall be rendered promptly in writing. In cases necessitating immediate action, a verbal decision will be rendered by NMED and followed by a written notification.

(8) The Grantee shall arrange for the services of a qualified resident project inspector, unless waived by NMED, during construction of the project. The Grantee shall provide NMED with a summary of the inspector's qualifications and training to be approved by NMED prior to the preconstruction conference.

(9) Notwithstanding those inspections performed by the Grantee and its engineer, NMED shall have the right to examine all installations comprising the project, including materials delivered and stored on site for use on the Project.

(10) After completion of the project, the Grantee shall obtain from its engineer and provide NMED record drawings for the project.

(11) The Grantee shall provide for NMED review and approval, unless waived by NMED, an operation and maintenance manual for the project prior to 90% construction completion. The operation and maintenance manual shall conform to NMED requirements.

(12) If this assistance is awarded for construction of collection lines, the Grantee shall assure NMED that the existing population will connect to the collection system within a reasonable time after project completion. This shall be accomplished by adoption and annual review of an ordinance and user charge system requiring such connection to the system.

(13) On the date one year after the completion of construction and initial operation of the project, the Grantee shall certify to NMED whether or not the project meets the project performance standards. If the Grantee cannot certify that the project meets such project performance standards, any failure to meet such project performance standards shall be corrected in a timely manner, to allow such affirmative certification, at other than Federal expense.

N.M. Admin. Code § 20.7.9.500

2/28/93, 11/30/95; 20.7.9.500 NMAC - Rn, 20 NMAC 7.9.V.500 to 502, Recompiled 11/27/01