Dissolved_Air_Floatation_Thickener_Unit_1_AND_2_Upgrades_(Addendum_#1_Revision).pdf

The City of Santa Fe (City), Central Purchasing Division (CPD)

INVITATION TO BID (ITB)

Dissolved Air Floatation Thickener Unit 1 AND 2 Upgrades

ITB#: FY27-Const. ITB-008

Table Of Contents

1. PROCUREMENT REQUIREMENTS

2. PROCUREMENT SCOPE

3. INSTRUCTIONS TO BIDDERS

4. CRITERIA for AWARD

5. VENDOR BID RESPONSE

6. PRICE SHEET

7. ATTACHMENTS

Attachments:

A - DAF Unit 1 & 2 Upgrade Plan Set

B - DAF Unit 1 & 2 Upgrade Project Manual

C - Wage_Scale_H

D - DWS_Project_Requirements

E - NMDWS_Wage_Decision_(3)

F - Pre-Bid Attendance

I. PROCUREMENT REQUIREMENTS

Solicitation Information

Solicitation No.: FY27-Const. ITB-008

Project Title: Dissolved Air Floatation Thickener Unit 1 AND 2 Upgrades

Issue ITB: August 14, 2026

Pre-Bid Conference (Non-Mandatory): September 3, 2026, 2:00pm

Virtual at:

https://teams.microsoft.com/meet/26595956

1581496?p=E6S3Tc4h1FlvyjtWVn

Site Visit (Non-Mandatory): September 4, 2026, 9:00am

73 Paseo Real, Santa Fe, NM 87507

Electronic Bid Submittal Deadline: September 29, 2026, 2:00pm

BIDS RECEIVED AFTER THE ABOVE BID DUE DATE AND TIME WILL NOT BE ACCEPTED.

https://teams.microsoft.com/meet/265959561581496?p=E6S3Tc4h1FlvyjtWVn https://teams.microsoft.com/meet/265959561581496?p=E6S3Tc4h1FlvyjtWVn

Pre-Bid Meeting

A. The City may conduct a NO VALUE, NO VALUE, Pre-Bid Conference prior to the Bid opening date.

All pre-bid conferences shall be stated in the Invitation for Bid.

B. The City and consultants, as applicable, shall be represented. Prospective Bidders and Prospective

Subcontractors should ask questions regarding clarification of the Bidding Documents either during the

Pre-Bid Conference or by submitting a question as outlined below. The failure of a Bidder, Subcontractor, or Vendor to make inquiries shall be interpreted to mean that the Bid Documents are clear and acceptable. Such clarity and acceptability shall be presumed with respect to all Bidders.

C. Questions and requests for clarification are to be submitted via the OpenGov Procurement Portal at https://procurement.opengov.com/portal/santafenm/projects/288421

D. Responses to questions will be written and issued electronically as Amendment or Addenda. No verbal response shall be binding.

Term

The term of the Contract may be from one (1) year to ten (10) years, depending on the City's needs. The City reserves the right to award for the whole term or renew each Price Agreement on an annual basis, by mutual agreement of all parties at the same terms and conditions, not to exceed a total of ten (10) years. In accordance with NMSA 1978, Sections 13-1-150 through 152/SFCC 1987, Section 13-11.

ITB Access

A. Bidders may contact ONLY the Department Project Manager and the CPD regarding this procurement at the following emails:

Project Manager: Paul 'Fred' Heerbrandt

Email: pfheerbrandt@santafenm.gov

CPD: purchasing_ITB@santafenm.gov

Other city employees do not have the authority to respond on behalf of the Project Manager.

B. Bidders shall promptly notify the Project Manager and the CPD of any ambiguity, inconsistency, or error which they may discover upon examination of the bid. Any response made by the City will be provided in writing to all contractors by addendum, no verbal responses shall be authoritative.

C. Bids shall be valid for ninety (90) days subject to action by the City.

D. Solicitation packets are available in the OpenGov Procurement Portal at https://procurement.opengov.com/portal/santafenm.

Bid Submission

A. It is each Bidder's responsibility to ensure all documents are completely uploaded and submitted electronically via OpenGov by the Bid due date and time. Such submissions will be considered sealed.

Bidders must ensure their bids are correct, accurate, and correspond with any amendments before https://procurement.opengov.com/portal/santafenm/projects/288421 mailto:purchasing_ITB@santafenm.gov https://procurement.opengov.com/portal/santafenm https://procurement.opengov.com/portal/santafenm submission. Complete and submit all required documents, including specifications, supporting materials, certificates, pricing, etc., through OpenGov as per instructions to form a complete, responsive bid

(NMSA 1978, Sections 13-1-82 through 13-1-84 and 13-1-133).

B. Bidders must ensure adequate time is allowed for large uploads and to fully complete bid submittal by the deadline.

C. Bids that are not both: (1) fully complete; and (2) received, by the deadline, will be deemed late. Further, bids that are not received by the deadline because the response was captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any anti-virus or other security software will be deemed late.

D. The submission of a Bid will constitute an incontrovertible representation by the Bidder that they have complied with every requirement and that the bidding documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for the performance of the work.

E. All addenda will be acknowledged when submitting in OpenGov.

• Note: It is the responsibility of the Bidder to ensure bids are correct and accurate before submission.

Bids must correspond with the original ITB and addenda.

Resident Preference

The following state-level preferences may be applied to this procurement, provided no federal funds are used in the resulting contract(s):

• 8% Preference: Resident Contractor or Native American Resident Contractor.

• 10% Preference: Resident Veteran Contractor or Native American Resident Veteran Contractor

(limited to those with less than $6 million in gross revenue in the previous tax year).

Mandatory Qualification Requirements

1. Submit Valid Certification: Bidders must attach a valid Resident Certificate issued by the New Mexico

Taxation & Revenue Department to their bid.

2. Strict Filing Rule: If a copy of the certificate is missing from the bid submission, the preference will not be applied. No exceptions.

3. No Double-Counting: Bidders may only receive one of the above preferences. A contractor cannot simultaneously benefit from both a standard resident preference and a veteran-owned preference.

4. Federal Funding Restriction: Preferences do not apply if federal funding or specific award requirements prohibit their use.

Applicable Taxes

Contracts solicited by competitive sealed Bids shall require that the Bid amount exclude the applicable state gross receipts taxes or applicable local option taxes, but that the contracting agency shall be required to pay the applicable taxes including any increase in the applicable tax which becomes effective after the date the Contract https://www.tax.newmexico.gov/businesses/business-preference-certification/ https://www.tax.newmexico.gov/businesses/business-preference-certification/ is entered into. The applicable gross receipts taxes or local option taxes shall be shown as a separate amount on each billing or request for payment made under the Contract.

Bid Opening

A. Public bid openings, will be held Virtually at the following link: Virtual Bid Opening Link

B. The City of Santa Fe is committed to ensuring accessibility for all individuals, including those with disabilities. Bid openings are conducted virtually and include features such as closed captioning, which participants can enable during the session. If you experience technical issues or have specific concerns related to accessibility, you may contact the Chief Procurement Officer (CPO) or their designee in advance. CPO contact information is:

1. Travis Dutton-Leyda, CPO purchasing@santafenm.gov

C. The Department, along with the CPO, reserves the right to reject any bids or to waive any non-substantial irregularity in bids received as long as it doesn’t affect the price, quantity or quality of the bid, whenever such rejection or waiver is in the best interest of the City.

Consideration of Bids Receipt, Opening, and Tabulation

A. Bids shall be unconditionally accepted for consideration for award without alteration or correction, except as authorized in the Procurement Code. In addition to the requirement for the prime contractor and subcontractors to be registered as provided in NMSA 1978, Section 13-4-13.1, bids shall be evaluated based on the requirements set forth in the ITB, which requirements may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose. Those criteria such as discounts, transportation costs and total or life-cycle costs that will affect the bid price shall be objectively measurable, which shall be defined by rule. No criteria may be used in bid evaluation that are not set forth in the ITB. A bid submitted by a prime contractor that was not registered as required by NMSA 1978, Section 13-4-13.1, shall not be considered for award. A bid submitted by a registered prime contractor that includes any subcontractor that is not registered in accordance with that section may be considered for award following substitution of a registered subcontractor for any unregistered subcontractor in accordance with NMSA 1978, Section 13-4-36.

B. Bid tabulations for public information and inspection will be posted to the following link:

https://procurement.opengov.com/portal/santafenm/projects/288421

C. The City shall have the right to waive any informalities or irregularities in any Bid or Bids received and to accept the Bid or Bids which are in the City’s best interest.

II. PROCUREMENT SCOPE

The City of Santa Fe is seeking bids to establish

Scope of Work https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWFjZmRiZDYtYzlkOC00ZDA4LWJkMzMtY2Y5MmFlNWY5ZGIw%40thread.v2/0?context=%7b%22Tid%22%3a%2277b69f5a-55ed-4363-8616-4867b0bc707f%22%2c%22Oid%22%3a%221a05b75d-789e-4d46-849e-c34d09c04400%22%7d https://procurement.opengov.com/portal/santafenm/projects/288421

The Work to be performed as per the DAF Unit 1 & 2 Upgrade Project Manual includes, but is not limited to, constructing the Work described below and all appurtenances related to the Work. The Work shall be as follows:

1. Modification of the air water saturation system for the dissolved air floatation process at the PRWRF. Scope includes new air-entraining pumps, necessary electrical connections, structural stand for break tank which supplies non-potable water to the air entraining pumps.

2. SCADA and control integration associated with all newly installed equipment

3. Associated demolition, abandonment, and replacement of all required disciplines/divisions.

(See Attachments for the manual and plans)

Permits and Fees

A. IF APPLICABLE- The Contractor shall secure and pay for the Building Permit and other permits and governmental fees, licenses and inspections and Certificate of Occupancy necessary for proper execution and completion of the Work. Changes or modifications to the Work shall include all requirements of this paragraph.

B. The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities applicable to performance of the Work.

C. IF APPLICABLE- Certificates of Inspection, use and occupancy will be delivered to the Division upon completion of the Work in sufficient time for occupation of the facility in accordance with the approved schedule for the Work. Contractor shall deliver a photocopy of the Building Permit to the Design Professional and the requesting entity as soon as it is obtained.

Schedule, Progress Meetings and Reports

A. The Contractor, promptly after being awarded a Project and before the first payment application, shall prepare and submit for the Division's information a Critical Path Construction Schedule for the Work that indicates the intended start and completion of the various construction activities, which shall be implemented and adhered to by the Contractor, Subcontractors, material suppliers and equipment suppliers. At a minimum, the schedule shall be a Gantt type schedule and shall not exceed time limits allowed by the Notice to Proceed with no fewer work breakdown events than line items of the Schedule of Values.

B. The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the Division.

C. Progress meetings shall be scheduled on a regular basis. The purpose will be to review the upcoming activities, any open issues and current progress. The Contractor shall keep any meeting minutes as needed. Progress schedules shall be updated regularly. A three-week look-ahead schedule should be presented at every project meeting. A new schedule shall be presented with any change orders.

D. The Contractor shall prepare a daily report each day the Contractor, subcontractors or any other entity are on the project. The daily reports shall be maintained at the site and be well organized. The Division may request copies at any time. The reports may include:

1. report date and who prepared the report;

2. weather conditions - low temp, visibility, humidity, wind, wind direction, cloud conditions, precipitation amount, other notes;

3. companies present by name and their number of workers, work location, total man hours that day for each company;

4. equipment-type, source, units of work done, location of work, hour meter reading;

5. material brought to site-description, units, quantity, quality, location, time;

6. visitors to site -name, company, time;

7. safety concerns-company, contact, noticed by, work activity, safety issue, requirement, outcome: and

8. quality assurance and control -company, description of issue, specification section, issued by.

Clean Up and Storage

A. The Contractor will provide off-site legal disposal of all waste products, trash, and debris. Division's trash receptacles will not be used by the Contractor. Sanitary facilities will "not" be available at the job site. Contractor shall be responsible for the provision and maintenance of portable toilets.

B. The Contractor, on a daily basis, shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Agreement. At completion of the Work, the

Contractor shall remove the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials and shall then thoroughly clean the premises and the site to the Division's satisfaction.

C. Materials or equipment shall be delivered to the project in the manufacturer's original sealed, labeled containers and shall be adequately protected against moisture, dust, tampering or damage from improper handling or storage. Materials shall not be delivered to the site before they are needed.

D. Storage of materials and construction equipment shall be coordinated with the Division.

Change Orders

Any change orders to the project scope will require an amendment/addendum with backup materials and labor costs and shall be substantiated that there was no way of knowing the additional services were needed when the original quote was provided. Change orders shall be managed closely by the Wastewater Division. Preventative measures shall be taken by both the contractor and the Wastewater Division prior to issuing the Notice to

Proceed. Such measures may include, but are not limited to, soil tests (soil boring); clarification of ambiguity in the project plan, the scope of work, the drawings, etc.; the project scope should be completely defined and agreed upon before any work begins.

Suspension, Delay or Interruption of Work

A. The Division may, without cause, order the Contractor, in writing, to suspend, delay or interrupt the

Work as a whole or in part for such period as the Division may determine. Upon receipt of such notice, Contractor shall leave the jobsite and any equipment in a safe condition prior to departing. Contractor must assert rights to additional compensation within thirty (30) days after suspension of work is lifted and return to work is authorized.

B. If at any time there is a delay in the critical path of the Work due to postponement, due to the

Contractor's efforts to justify an extension of the time or an increase in the Contract Price beyond the deadlines or due to the Contractor's refusal to proceed with any of the approved Work, such delay and any Contractor costs resulting from it shall not serve as the basis for the extension of the Time for

Completion or Agreement Completion Date or for an increase in the Contract Price.

III. INSTRUCTIONS TO BIDDERS

Debarred or Suspended Contractors

A business (e.g., contractor, subcontractor, supplier) that has either been debarred or suspended pursuant to the requirements of City Purchasing Manual, ordinance or NMSA 1978, Sections 13-1-177 through 13-1-180, and

13-4-17, shall not be permitted to do business with the City and shall not be considered for award of Contract during the period for which it is debarred or suspended.

Equal Opportunity

The City of Santa Fe is an Equal Opportunity Employer, and all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, or national origin. The awarded

Contractor will be required to conform to the Equal Opportunity Employment Regulations.

Examination of Bidding Documents and Site

A. Before submitting a Bid, each Bidder must (a) examine the Bidding Documents thoroughly, (b) become familiar with Federal, State, and local laws, ordinances, rules, and regulations that may in any manner effect cost, progress, or performance of the work, and (c) study and carefully correlate the Bidder’s observations with the Bidding Documents, (d) at their own expense, make such additional investigations and tests as the Bidder may deem necessary to determine a Bid for performance of the work in accordance with the time, price, and other terms and conditions of the Bidding Documents.

B. The lands and properties upon which the work is to be performed, rights-of-way for access thereto, and other lands designated for use by the Contractor in performing the work are primarily inside the City

Limits of Santa Fe.

C. The submission of a Bid will constitute an incontrovertible representation by the Bidder that they have complied with every requirement of this ITB; the Bidding Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work and agree to the terms and conditions of the sample contract.

D. It shall be the responsibility of the successful awarded contractor to secure from the New Mexico

Regulations & Licensing Department, Construction Industries Division (CID) and the City such permits or licenses required to carry out the construction. Construction Industries Division website is as follows: https://www.rld.nm.gov/construction-industries/ https://www.rld.nm.gov/construction-industries/

Applicable Laws

A. No person shall act as a Contractor without a license issued by the Construction Industries Division

(CID), classified to cover the type of work to be performed. No bid shall be submitted unless the

Contractor has a valid Contractor's license issued by the CID to bid and to perform the type of work to be undertaken, as set forth in NMSA 1978, Section 60-13-12.

B. All work shall be in accordance with applicable City, federal, and state laws, the International Building

Code (IBC) and the New Mexico building codes. The Contractor shall be responsible for all permits associated with this work as required by the governmental Authority Having Jurisdiction (AHJ).

C. All work shall be in strict compliance with the national and state building mechanical, plumbing, and electrical codes, including the City of Santa Fe's Stormwater Pollution Prevention Program and

Stormwater BMPs, Sheet Metal and Air Conditioning Contractor’s National Association (SMACNA), and the American Society of Heating, Refrigeration, and Air-Conditioning Engineers (ASHRAE) standards.

D. Safety shall be of main concern and enforced by the Contractor on site. The Contractor shall comply with all local, state and federal laws governing safety, health, and sanitation. The on-site superintendent shall always have a minimum OSHA 10 and preferably OSHA 30 card with them when on the jobsite.

The Wastewater Division shall not in any way be responsible for any fines set forth for such violations of codes, OSHA standards or any other governing agency having jurisdiction at the work site. The

Contractor shall provide all needed safeguards, safety devices, protective equipment and take any actions necessary to protect the life and health of employees on the job; the safety of the public and to protect the property of the Wastewater Division in connection with the performance of the work covered by this Price Agreement.

E. All personnel working on the project and providing these services shall be experienced and certified in all areas related to this work and required by this Price Agreement. Journeymen-level personnel shall have the ability and necessary skills to diagnose problems and to make the appropriate decisions needed to provide these services.

F. The Contractor shall follow the Occupational Safety and Health Act (OSHA) 29 CFR 1910.147

Standard pertaining to "Lockout/Tagout" procedures for hazardous energy.

G. Accessing existing utility infrastructure may require special coordination. Bidders shall verify accessibility and take into consideration the access strategy as part of the offer. The Contractor shall notify 811 before beginning any work.

H. Bribes, Gratuities and Kickbacks - It is illegal in the State of New Mexico for any public employee to solicit or accept anything of value in connection with award of this Bid and for any person to offer or pay anything of value to any such public employee (NMSA 1978, Sections 30-24-1 through 30-24-

2). Pursuant to NMSA 1978, Section 13-1-191, reference is hereby made to the Criminal Laws of New

Mexico (including NMSA 1978, Sections 30-24-1, 30-23-2, and 30-41-1 through 3-41-3), which prohibit bribes, kick-backs, and gratuities and violation of which constitutes a felon. Further, the

Procurement Code (NMSA 1978, Sections 13-1-28 through 13-1-199), imposes civil and criminal penalties for its violation.

Terms and Conditions

1. General: When the City of Santa Fe’s Chief Procurement Officer (CPO) or designee approves a purchase document in response to the ITB, a binding contract is created.

2. Variation in Quantity: No variation in the quantity of any item called for by this order will be accepted unless such variation has been caused by conditions of loading, shipping, packing or allowances in manufacturing process and then only to the extent, if any, specified in this order.

3. City Furnished Property: City furnished property shall be returned to the City upon request in the same condition as received except for ordinary wear, tear and modifications ordered hereunder.

4. Discounts: Prompt payment discounts will not be considered in computing the low bid.

5. Inspection: Final inspection and acceptance will be made at the destination. Tangible Personal Property

(goods) rejected at the destination for nonconformance with specifications shall be removed at the Contractor's risk and expense, promptly after notice of rejection.

6. Commercial Warranty: The Contractor agrees that the supplies or services furnished under this order shall be covered by the most favorable commercial warranties the Contractor gives for such to any customer for such supplies or services. The rights and remedies provided herein shall extend to the City and are in addition to and do not limit any rights afforded to the City by any other clause of this order. Contractor agrees not to disclaim warranties of fitness for a particular purpose of merchantability.

7. Packing, Shipping, and Invoicing: The Contractor shall ship in accordance with the following instructions:

Shipment shall be made only against specific orders which the Requesting Department may place with the

Contractor during the term. Delivery shall be made as indicated by the Requesting Department. If contractor is unable to meet stated delivery the Requesting Department must be notified. Freight/shipping costs shall be prepaid by the vendor, added at time of invoicing, and shown as a separate line item to be paid by user. Using agency shall only pay exact courier costs, without a markup.

A. The City’s Purchase Order/Contract number and the Contractor's name, Requesting Department's name and location shall be shown on each packing and delivery ticket, package, bill of lading, and other correspondence in connection with the shipments. The Requesting Department’s count will be accepted by the

Contractor as final and conclusive on all shipments not accompanied by packing tickets.

B. The Contractor's invoice shall be submitted duly certified and shall contain the following information:

order number, description of supplies or services, quantities, unit price and extended totals. Separate invoices shall be rendered for each complete shipment.

C. Invoices must be submitted to the Requesting Department and NOT to CPD.

8. Default: The City reserves the right to cancel all or any part of this order without cost to the City, if the

Contractor fails to meet the provisions of this order and, except as otherwise provided herein, to hold the

Contractor liable for any excess cost occasioned by the City due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor, such causes include but are not restricted to, acts of God or the public enemy, acts of the City, State, or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the City shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights of the City provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this order.

9. Nondiscrimination: Contractor doing business with the City must follow the Federal Civil Rights Act of

1964 and Title VII of the Act (Rev. 1979) and the Americans with Disabilities Act of 1990 (Public Law 101-

336).

10. Penalties: NMSA 1978, Sections 13-1-28 through 13-1-199, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities, and kickbacks.

11. Payment Provisions: All payments under this Contract are subject to the following provisions.

A. Acceptance - In accordance with Section NMSA 1978, Section 13-1-158, the City shall determine if the product or services provided meet specifications. Until the products or services have been accepted in writing by the City, the City shall not pay for any products or services. Unless otherwise agreed upon between the City and the Contractor, within thirty (30) days from the date the City receives written notice from the Contractor that payment is requested for services or within thirty (30) days from the receipt of products, the City shall issue a written certification (by letter or email) of complete or partial acceptance or rejection of the products or services. Unless the City gives notice of rejection within the specified time period, the products or services will be deemed to have been accepted.

B. Payment of Invoice - Upon acceptance that the products or services have been received and accepted, payment shall be tendered to the Contractor within thirty (30) days after the date of invoice. After the thirtieth day from the date that written certification of acceptance is issued, late payment charges shall be paid on the unpaid balance due on the contract to the Contractor at the rate of 1.5 % per month. Contractor may submit invoices for payment no more frequently than monthly. Payment will be made to the Contractor's designated mailing address. Payment on each invoice shall be due within 30 days from the date of the acceptance of the invoice. The City agrees to pay in full the balance shown on each account’s statement, by the due date shown on said statement.

12. Items: All bid items are to be NEW and of most current production, unless otherwise specified.

13. Workers' Compensation: The Contractor agrees to comply with State laws and rules pertaining to

Workers' Compensation benefits for their employees. If the Contractor fails to comply with Workers'

Compensation Act and applicable rules when required to do so, this Contract may be terminated by the City.

14. Contractor Personnel: Personnel proposed in the Contractor’s written bid to the Requesting Department are considered material to any work performed under this Contract. Once a Purchase Order or contract has been executed, no changes of personnel will be made by the Contractor without prior written consent of the

Requesting Department. Replacement of any Contractor personnel, if approved, shall be with personnel of equal ability, experience, and qualifications. The Contractor will be responsible for any expenses incurred in familiarizing the replacement personnel to insure their being productive to the project immediately upon receiving assignments. Approval of replacement personnel shall not be unreasonably withheld. The Requesting

Department shall retain the right to request the removal of any of the Contractor’s personnel at any time.

15. Records and Audit: The Contractor shall maintain detailed time and expenditure records that indicate the date, time, nature, and cost of services rendered during this Contract’s term and effect and retain them for a period of three (3) years from the date of final payment under this Contract. The records shall be subject to inspection by the Requesting Department and the City. The Requesting Department shall have the right to audit billings, both before and after payment. Payment for services under this Contract shall not foreclose the right of the Requesting Department to recover excessive or illegal payments.

16. Subcontracts: The foregoing requirements for Contractor Personnel, Subcontracting, and Audit shall be inserted into all subcontracts from the prime contractor to the subcontractor.

Bid Security

A. Bid security, made payable to the City of Santa Fe, in the amount of 5% of the total of all Item Prices shall be submitted with the Bid. Bid security shall be in the form of a Bid Bond issued by Surety licensed to conduct business in the State of New Mexico, or by cashier’s check.

B. The Bid security shall pledge that the Bidder will enter into a Contract with the City in accordance with the terms stated herein and will furnish bonds covering the faithful performance of the Contract and payment of all obligations arising there under. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds, the amount of the Bid security shall be forfeited to the City as liquidated damages, not as a penalty.

C. The City will have the right to retain the Bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed, and bonds have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected.

D. When the Bidding Documents require Bid security, noncompliance by the Bidder requires that the Bid be rejected.

E. If a Bidder is permitted to withdraw a Bid before award, no action shall take place against the Bidder or the Bid Security.

Subcontractors

A. The listing threshold amount for this project shall be five thousand dollars ($5,000) or one-half of one percent of the architect's or engineer's estimate of the total project cost, not including alternates, whichever is greater. The listing threshold for this project will be: five thousand dollars ($5,000). The

General Contractor must list all Subcontractors who will perform work in excess of this threshold. Only one Subcontractor may be listed for each category as defined by the Contractor. The Subcontractor Fair

Practice Act (NMSA 1978, Sections 13-4-31 through 13-4-43) shall apply.

B. The Bidder shall list on the Subcontractor Listing Form attached to the Bidding Document, all proposed

Subcontractors or material suppliers for all trades or items. If the Bidder is awarded the contract, the listed Subcontractors and suppliers shall perform their trade scope of services as indicated unless a request for a change or substitution is approved by the City for any reason as outlined herein. If the work is self-performed, the Prime Contractor shall list themselves on the form.

C. The City shall consider any request for a change in the listed Subcontractors if the Bidder can provide evidence of being able to perform the work in a manner more satisfactory and beneficial to both the City and the Bidder by using a different Subcontractor or self-performing said work. Satisfactory reasons for a substitution may include the inability to bond or lack of evidence of being able to furnish acceptable materials on schedule. Also, if the Bidder has made a legitimate error in listing a low Subcontractor, a request for substitution, made after the Bid Opening with the City’s approval, will be considered. The proof of error must be conclusive, based upon the approval of said evidence by the listed Subcontractor or material supplier and/or any other confirmation satisfactory to the City.

D. The Bidder shall not be listed as the supplier or as the Subcontractor for any trade unless having previously performed work of this type and shall have all required licenses and certifications to perform the work.

E. Non-compliance with the intent of the Subcontractor Listing will be grounds for considering a Bid as non-responsive.

F. Prior to the award of the Contract, the City will notify the Bidder in writing if, after due investigation and written findings of fact, has reasonable and substantial objection to any person or organization on such list and refuses, in writing, to accept such person or organization. The Bidder may then optionally,

(1) withdraw the Bid, or (2) submit an acceptable substitute Subcontractor with no increase in the Bid

Price. In the event of withdrawal under this paragraph, bid security will not be forfeited.

G. The successful Bidder shall, within ten (10) calendar days of notification of selection for the award of

Contract for the work, submit the following information to the City:

1. A signed list of the proprietary names and the suppliers of principal items or systems of materials and equipment proposed for the work; and

2. A list signed by all Subcontractors proposed for the principal portions of the work in accordance with the Subcontractors Listing Form submitted with the Bid.

H. The successful Bidder will be required to establish, to the satisfaction of the City, the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the

Bidding Documents.

I. Persons and organizations proposed by the Bidder and to whom the City has made no reasonable objection shall perform the work as indicated on the Subcontractor Listing Form and shall not be changed except with the written consent of the City.

J. No successful Bidder shall be required to employ any Subcontractor, other person, or organization against whom the Bidder has reasonable objection.

Minimum Wage Rates

A. In accordance with state requirements, any construction contract exceeding sixty thousand dollars

($60,000) is subject to the minimum wage rates established by the New Mexico Department of

Workforce Solutions (NMDWS). This project is governed by Wage Decision No. SF-26-2708-H, as issued and approved by NMDWS.

B. Bidders shall ensure that the minimum wage rate determination, included herein, has been utilized in preparation of the Bid.

C. The Bidder will be required to submit a bid that complies with the City's Living Wage Ordinance to the extent applicable.

D. The awarded Contractor will be required to pay wages as per whichever wage decision is highest.

New Mexico Department of Workforce Solutions (NMDWS) Contractor and Subcontractor

Registration

A. A contractor or subcontractor that submits a bid valued at more than sixty thousand dollars ($60,000) for a City project that is subject to the Public Works Minimum Wage Act (NMSA 1978, Section 13-4-10 ) shall be registered with the New Mexico Department of Workforce Solutions. The registration number shall be provided in the Vendor Bid Response and for subcontractors on the subcontractor form. After the bid opening, the registration number(s) will be verified by the City, and the bid will be determined to be non-responsive and disqualified if the registration number(s) appear to be not valid and the

Contractor does not provide proof of the required registration for itself or its subcontractors. It is the responsibility of all bidders and the subcontractors to ensure the registration is completed prior to the bid opening.

Bidding Documents

A. Copies of Bidding Documents:

1. This record contains all complete bidding documents. The City does not assume responsibility for errors or misinterpretations.

2. Before responding to this ITB, each Bidder must (a) examine the bidding documents thoroughly, (b) become familiar with Federal, State, and local laws, ordinances, rules, and regulations that may in any manner effect cost, progress, or performance of the work, (c) study and carefully correlate the

Bidders observations with the bidding documents, and (d) at their own expense, make such additional investigations and tests as the Bidder may deem necessary to determine a Bid for performance of the work in accordance with the time, price, and other terms and conditions of the bidding documents.

3. Deposits are not required for plans obtained through OpenGov.

4. The Wastewater Division, in providing copies of bidding documents available on the above terms does so only for the purpose of obtaining Bids on the work and does not confer a license or grant for any other use.

5. The Bidder will be required to submit a bid that complies with the City of Santa Fe’s Living Wage

Ordinance to the extent applicable.

6. The Price Sheet is requesting pricing for the pump system, flow control/instrumentation and lump sum pricing for the installation, start-up and training.

7. The City of Santa Fe reserves the right to award this Price Agreement to multiple vendors. Bidders must include pricing for all items in order to allow for accurate comparisons. If a Bidder fails to include one or more of those items his Bid may be rejected.

Interpretations

A. All questions concerning this solicitation must be submitted through the Questions & Answers section of the solicitation’s page in OpenGov.

B. Responses will be posted directly on the same page and visible to all registered vendors. If a question results in a material change to the solicitation, a formal Addendum will be issued through OpenGov.

C. Vendors will receive an automated email notification when an Addendum is posted. Questions must be submitted no later than ten (10) calendar days prior to the Bid opening date. Only information provided in written Addenda shall be considered binding.

Amendment/Addenda

A. Oral and other interpretations or clarifications will be without legal effect. No oral interpretations of the meaning of the specifications or other pre-bid documents will be binding. Oral communications are permitted in order to make assessment for an amendment or addendum.

B. Any and all such interpretations and any supplemental instructions will be in the form of written amendments or addenda to the specifications which, if issued, will be delivered electronically to all prospective bidders not later than three (3) days prior to the date fixed for the opening of the bids.

C. Failure of any bidder to receive any such amendment or addendum or interpretations shall not relieve such bidder from any obligation under a bid as submitted. All amendments or addenda so issued shall become part of the contract documents.

D. Procurement amendments are processed through OpenGov. If amendments (addenda) are processed, o before bids are submitted, ensure bids reflect the amendments;

o after bids are submitted, bidders must update the bid by clicking “modify” and updating the associated area(s)* to ensure bid reflects the amendment.

o *Bidders must replace the previously submitted documents if the amendment affects uploaded documents.

E. The City reserves the right to not comply with these time frames if a critical change, which will be written in amendment or addendum, is required or if the bid deadline needs to be extended due to a critical reason in the best interest of the City of Santa Fe.

Correction or Withdrawal of Bids

A. A Bid containing a mistake discovered before Bid Opening may be modified or withdrawn by a Bidder prior to the time set for Bid Opening by delivering electronic written or telegraphic notice to the location designated in the Invitation for Bid as the place where Bids are to be received.

B. Withdrawn Bids may be resubmitted up to the time and date designated for the receipt of Bids, provided they are then fully in conformance with the Bid Documents.

C. After Bid Opening, no modifications in Bid prices or other provisions of Bids shall be permitted. A low

Bidder alleging a material mistake of fact which makes said Bid non-responsive may be permitted to withdraw the Bid if:

1. The mistake is clearly evident on the face of the Bid document; or

2. The Bidder submits evidence which clearly and convincingly demonstrates that a mistake was made.

D. Any decision by the City to permit or deny the withdrawal of a Bid on the basis of a mistake contained therein shall be supported by a determination setting forth the grounds for the decision. If withdrawal is permitted, Bid security will not be forfeited.

Substitute Material and Equipment

A. The Contract, if awarded, will be based on materials, labor and equipment described in the

Specifications without consideration of possible substitute (“of equal” or “or equal”) items. Whenever it is indicated in the Specifications that substitute (“of equal” or “or equal”) items of material or equipment may be furnished or used by the Contractor if acceptable to the Owner, application of such acceptance will not be considered by the Owner until after the “effective date of the Contract.” The procedure for submittal of any such application by the Contractor and consideration by the Owner is set forth in the

Contract Documents.

Rejection or Cancellation of Bids

A. An Invitation for Bid may be canceled, or any or all Bids may be rejected in whole or in part, when it is in the best interest of the City. A determination containing the reasons shall be made part of the Project file. Bid security for rejected Bids shall be returned to the Bidder.

Protests

A. Any Bidder who is aggrieved in connection with this procurement (Bid) may protest in writing to the

Chief Procurement Officer. The protest shall be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest to: Travis Dutton-Leyda tkduttonleyda@santafenm.gov .

IV. CRITERIA for AWARD

Bid Evaluation for Award

A. It is the intent of the City to endeavor to award a Contract to the most responsive and responsible Bidder submitting the lowest bid on the base bid, provided the Bid has been submitted in accordance with the requirements of the Bidding Documents, does not exceed the funds available and is in the best interest of the City. The City reserves the right to award a contract to the lowest Bidder using the criteria within the

Bidding Documents. The unreasonable failure of a Bidder to promptly supply information in connection with an inquiry with respect to responsibility is grounds for a determination that the Bidder is not a responsible Bidder.

mailto:tkduttonleyda@santafenm.gov

B. The City may award multiple contracts if the Chief Procurement Officer (CPO) determines that doing so is in the best interest of the City, based on the prices bid, and factors including, but not limited to, the geographic area to be serviced, historical usage, and the need for access to multiple solutions to ensure responsiveness.

C. The subsequent contract will be established as a source and convenience of the City. It is the responsibility of the Wastewater Division to utilize this Contract to the best interests of the City.

D. Discrepancies in the Bid Form between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum

Identical Bids

A. When two or more of the Bids submitted are identical in price and are the low Bid, the CPD may:

1. Award to a resident local business if the identical low Bids are submitted by a resident or local business and a non-resident business;

2. Award by lottery to one of the identical low Bidders;

3. Make multiple awards if it is in the best interest of the City, or

4. Reject all Bids and re-solicit Bids for the required services, construction, or items of tangible personal property.

Post-Bid Information

A. Return of Bid Security - All Bid security in the form of cashier’s checks, except those of the two lowest

Bidders, will be returned immediately following the opening and checking of the Bids. The retained Bid security of the unsuccessful of the two lowest Bidders, if in the form of a cashier’s check, will be returned within thirty (30) days following the award of contract. The retained Bid security of the successful Bidder, if in the form of a cashier’s check, will be returned after a satisfactory contract bond has been furnished and the Contract has been executed.

B. Notice of Award – The City will issue a written Notice of Award to the Contractor stipulating the scope of work, the contract sum, including taxes, and the required bonds. The Notice of Award will also include the contract for signature that will be sent back with the required executed bonds.

C. Contractor’s Qualification Statement - Bidders to whom award of a Contract is under consideration shall, when requested, submit information and data to prove that their financial resources, production or service facilities, personnel and service reputation and experience are adequate to make satisfactory delivery of the services, construction, or items of personal property described in the Bid Documents and form of Statement of Bidder’s Qualifications.

D. Contract Bond Requirements - The successful Bidder, where the Contract price exceeds twenty five thousand dollars ($25,000), shall post a one hundred percent (100%) Performance Bond and one hundred percent (100%) Labor and Material Payment Bond. Bonds shall be executed on Performance

Bond and Labor and Material Bond forms similar to the forms attached hereto, with amount payable conforming to the terms of the Contract. Surety shall be a company licensed to do business in the State of New Mexico and acceptable to the City.

E. Insurance Requirements - The selected Bidder shall purchase and maintain, with a company or companies licensed to do business in the State of New Mexico, Liability and Property Insurance as required by law.

1. The insurance shall be in limits not less than those stated in the enclosed contract forms. The insurance limits may be greater if required by law.

2. The insurance coverage shall include workers’ compensation, employers liability, comprehensive general liability Comprehensive automobile liability (owned and hired), excess liability (umbrella form). For more specific insurance requirements refer to the enclosed Agreement Forms.

3. All insurance coverage must be maintained for the entire life of the project. Products and completed operations coverage shall be maintained for a minimum period of one (1) year after Work

Order/project Substantial Completion.

4. A valid certificate of insurance must be submitted to the City prior to routing the final Contract between the City and the Contractor for City approval. Be prepared to provide this with the City and project name listed as an additional insured.

F. Failure to Execute Contract - Failure to return the signed Contract with acceptable contract bonds and

Certificate of Insurance within ten (10) calendar days after the date of the Notice of Award shall be just cause for the cancellation of the award and the forfeiture of the Bid Security, which shall become damages sustained. Award may then be made to the next lowest responsible Bidder, or the work may be re-advertised.

G. Notice to Proceed - The City will issue a written Notice to Proceed, after a Purchase Order (PO) is issued, to the Contractor stipulating the contract time start date substantial completion date (Contract

Time, finish date), subject to valid modifications of the Contract authorized by written amendment/Change Order.

Notice of Contract Requirements

A. By submitting a Bid, the Bidder represents familiarity with the nature and extent of the following requirements of the Conditions of the Construction Contract (General, Supplementary, and Other

Conditions).

1. Definitions

2. Contract Bond Requirements

3. Bribes, Gratuities, and Kickbacks

4. Equal Employment Opportunity - Labor Standards Provisions and other listed within the Contract

Documents.

Close-out Requirements

The Contractor shall submit to the Wastewater Division a separate and detailed Closeout Schedule indicating the date of Final Completion and all work to be completed before Final Completion including Close-Out requirements. The punch list of incomplete or inadequate work shall also be submitted when the work is substantially complete. Failure to include any item on the punch list does not alter the responsibility of the

Contractor to complete all work in accordance with the Contract Documents.

Before final completion can be achieved, all Work must be complete…