ITB 2026-879 AZTEC WATER TREATMENT FACILITY CLEARWELL EXPANSION.pdf

CITY OF AZTEC

STATE OF NEW MEXICO

INVITATION TO BID

ITB 2026-879

Aztec Water Treatment Facility Clearwell Expansion

For

City of Aztec Public Works 201 W Chaco Aztec, NM 87410

Applicable Commodity Codes: 913-59, 913-91

ITB Release Date: October 14, 2025

Submission Deadline: November 17, 2025 @ 3:00 PM MST

INVITATION TO BID

ITB 2026-879

Aztec Water Treatment Facility Clearwell Expansion for City of Aztec Public Works

The City of Aztec is requesting formal, price-based competitive sealed bids for the Water Treatment Facility Clearwell Expansion. Sealed bids will be accepted until November 17, 2025, 3:00 pm MST at the City of Aztec City Hall, 201 W Chaco, Aztec New Mexico. The bids that are received from bidders deemed responsible will be reviewed and recommendations for award will be made to the Board of City Commissioners based on the lowest responsive price(s) with the applicable preferences. City of Aztec reserves the right to accept or reject any bid or any part therof; to defer action on the invitation for bids; to reject all bids; to waive technicalities or informalities and to accept the bids which, in its judgement, are most advantageous to the City.

IMPORTANT

DEADLINE TO SUBMIT BIDS: NOVEMBER 17, 2025 AT 3:00 PM MST

ELECTRONIC BIDS shall be submitted online through the procurement portal at:

www.bidnetdirect.com/new-mexico/cityofaztec

(Offerors need to be registered with the system prior to submitting)

SEALED BIDS shall be delivered to City of Aztec City Hall

201 W Chaco, Aztec, NM 87410

The words SEALED BID along with the ITB NUMBER, TITLE, AND THE BIDDER’S NAME AND ADDRESS MUST appear clearly on the sealed envelope or package of all bids.

IF THERE IS ANY PROBLEM REGARDING THE FOLLOWING SPECIFICATIONS OR

CONDITIONS THAT WOULD PREVENT YOU FROM SUBMITTING A BID, CONTACT THE

PROCUREMENT MANAGER IMMEDIATELY FOR CLARIFICATION AND/OR

CONSIDERATION OF AN ADDENDUM.

NOTE: WHEN SHIPPING OVERNIGHT DELIVERY, IT IS RECOMMENDED THAT SHIPMENT BE

MADE NO LESS THEN 2 DAYS PRIOR TO DEADLINE IF POSSIBLE, TO ENSURE DELIVERY. IT IS

ALSO RECOMMENDED TO VERIFY DELIVERY PRIOR TO DEADLINE.

Procurement Specialist Brenda Blake, City of Aztec Procurement Specialist

Phone:505-334-7652 Email: procurement@aztecnm.gov http://www.bidnetdirect.com/new-mexico/cityofaztec

Table of Contents

DEFINITION OF TERMINOLOGY

CONDITIONS GOVERNING THE PROCUREMENT

PURPOSE AND SCOPE

BID FORMS

BASIS OF BID

ACKNOWLEDGMENT OF RECEIPT FORM

BID SUBMITTAL

BIDDER’S REPRESENTATIONS

BIDDER’S CERTIFICATION

DRUG-FREE WORKPLACE CERTIFICATION

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

CONTRACTOR SAFETY CERTIFICATION

SUBCONTRACTOR FAIR PRACTICES ACT COMPLIANCE

CONTRACTOR’S LIST OF SUBCONTRACTORS

BID BOND

STATEMENT OF BIDDERS QUALIFICATIONS

WAGE RATES

APPENDIX A: SPECIFICATIONS

APPENDIX B: CONSTRUCTION PLANS

APPENDIX C: GENERAL CONDITIONS, CONSTRUCTION AGREEMENT SAMPLE/

CONSTRUCTION FORMS

DEFINITION OF TERMINOLOGY

This section contains definitions of terms used throughout this procurement document, including appropriate abbreviations:

“Agency” means the City of Aztec

“Amendment” means a written or graphic instrument issued prior to the opening of Proposal, which clarifies, corrects, or changes the Request for Proposal.

“Award of Contract” shall mean a formal written notice by the City that a firm has been selected to enter into a contract for services. Any Award of Contract that has not resulted in a written contract offer to the Offeror, within 6 months or written notice, shall not be considered an award for the purposes of the Project Listing Form.

“Business Hours” means weekdays (Monday – Thursday) 7:00 am thru 5:30 PM MST/MDT, whichever is in effect on the date given.

“City” means the City of Aztec

“Close of Business” means (Monday – Thursday) 5:30 PM MST/MDT, whichever is in effect on the date given.

“Confidential” means confidential financial information concerning respondent’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act NMSA 1978 57-3-A-1 to 57-3A-7.

See NMAC 1.4.1.45. As one example, no information that could be obtained from a source outside this request for proposals can be considered confidential information

“Contract" means any agreement for the procurement of items of tangible personal property, services or construction.

“Contractor" means the offeror selected by the City pursuant to this Request for Proposals.

“Desirable" the terms "may", "can", "should", "preferably", or "prefers" identify a desirable or discretionary item or factor.

“Determination" means the written documentation of a decision of a procurement specialist and the Selection Committee including findings of fact supporting a decision. A determination becomes part of the procurement file to which it pertains.

“Electronic Version/Copy” means a digital form consisting of text, images or both readable on computers or other electronic devices that includes all content that the Original and Hard Copy proposals contain. The digital form may be submitted using a compact disc (cd) or USB flash drive. The electronic version/copy can NOT be emailed.

“Evaluation Committee” means a body appointed to perform the evaluation of Offerors’ proposals.

“Evaluation Committee Report” means a report prepared by The Procurement Specialist and Evaluation Committee for contract award. It will contain written determinations resulting from the procurement.

“Finalist” means an Offeror who meets all the mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.

“Hourly Rate” means the proposed fully loaded maximum hourly rates that include travel, per diem, fringe benefits and any overhead costs for contractor personnel, as well as subcontractor personnel if appropriate.

“Mandatory" – the terms "must", "shall", "will", "is required", or "are required", identify a mandatory item or factor (as opposed to “desirable”). Failure to meet a mandatory item or factor will result in the rejection of the Offeror’s proposal.

“Minor Technical Irregularities” means anything in the proposal that does not affect the price quality and quantity or any other mandatory requirement.

“Offeror" is any person, corporation, or partnership who chooses to submit a proposal.

“Owner” is the City of Aztec (COA).

“Price Agreement" means a definite quantity contract or indefinite quantity contract which requires the contractor to furnish items of tangible personal property, services or construction to a state agency or a local public body which issues a purchase order, if the purchase order is within the quantity limitations of the contract, if any.

“Procurement Specialist” means any person or designee authorized by a state agency or local public body with the responsibility, authority, and resources to conduct the RFP procurement, make written determinations regarding the RFP procurement, and/or enter into or administer contracts as a result of the RFP procurement.

“Procuring Agency" means all State of New Mexico agencies, commissions, institutions, political subdivisions and local public bodies allowed by law to entertain procurements.

“Proposal” is the offeror’s response to this RFP

“Redacted” means a version/copy of the Offeror’s proposal with the information considered proprietary or confidential (as defined by §§57-3A-1 to 57-3A-7 NMSA 1978 and NMAC 1.4.1.45 and summarized herein and outlined in Section II.C.8 of this RFP) blacked-out BUT NOT omitted or removed

“Request for Proposals (RFP)" means all documents, including those attached or incorporated by reference, used for soliciting proposals.

“Responsible Offeror" means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services, or items of tangible personal property described in the proposal.

“Responsive Offer" or “Responsive Proposal” means an offer or proposal, which conforms in all material aspects to the requirements set forth in the Request for Proposals (RFP). Material aspects of responses to the Request for Proposals (RFP) include, but are not limited to price, quality, quantity or delivery requirements.

“Sealed” means, in terms of a non-electronic submission, that the proposal is enclosed in a package which is completely fastened in such a way that nothing can be added or removed. Open packages submitted will not be accepted except for packages that may have been damaged by the delivery service itself. The City reserves the right, however, to accept or reject packages where there may have been damage done by the delivery service itself. Whether a package has been damaged by the delivery service or left unfastened and should or should not be accepted is a determination to be made by the Procurement Specialist. By submitting a proposal, the Offeror agrees to and concurs with this process and accepts the determination of the Procurement Specialist in such cases.

“Selection Committee” means a body appointed by the Procurement Specialist to perform the evaluation of Offeror proposals.

“Selection Committee Report” means a report prepared by the Procurement Specialist and the Selection Committee for submission to the Commission for contract award that contains all written determinations resulting from the conduct of a procurement requiring the of competitive sealed proposals.

“Staff" means any individual who is a full-time, part-time, or an independently contracted employee with the Offerors’ company.

“State (the State)” means the State of New Mexico.

“Statement of Concurrence” means an affirmative statement from the Offeror to the required specification agreeing to comply and concur with the stated requirement(s). This statement shall be included in Offerors proposal. (E.g. “We concur”, “Understands and Complies”, “Comply”, “Will Comply if Applicable” etc.)

“Unredacted” means a version/copy of the proposal containing all complete information including any that the Offeror would otherwise consider confidential, such copy for use only for the purposes of evaluation.

CONDITIONS GOVERNING THE PROCUREMENT

PRELIMINARY SCHEDULE

It is the City's intent to adhere to the following schedule. However, the City reserves the right to modify this schedule.

Issue ITB 10/14/2025 Non-Mandatory Pre-Bid Meeting 10/20/2025, 2:00 PM Deadline to Submit Questions and Acknowledgement Form

10/27/2025, 10:00 AM

Response to Written Questions/Amendment 11/03/2025

SUBMISSION OF PROPOSAL 11/17/2025, 3:00 PM

Recommendations to City Commission (Tentatively) 11/18/2025 Contract Award 11/20/2025 Protest Deadline 12/18/2025

BID REQUIREMENTS

1. Instruction to Bidders

Bidders shall carefully examine the Contract documents and the maintenance sites to obtain first-hand knowledge of existing conditions. Bidders will not be given extra payment for conditions, which can be determined by examining the site and contract documents. It is mutually agreed that the Bidder has made the examinations, investigations and test required herein and has made provisions as to the cost in his bid.

Before submitting his Bid, each Bidder must:

1) Examine the Contract Documents thoroughly;

2) Visit the site to familiarize himself with local conditions that may in any manner affect performance of the Work;

3) Familiarize himself with federal, state, and local laws, ordinances, rules, and regulations affecting performance of the Work; and

4) Carefully correlate his observations with the requirements of the Contract Documents.

2. Questions

Submit all questions about the project electronically to https://www.bidnetdirect.com/new-mexico/cityofaztec BidNet Direct by SOVRA- Solicitations by the date and time identified in the Invitation to Bid. Corrections or clarifications shall be made by addendum. Oral clarifications will not be binding.

3. Preparation of Bids

• All bids must be submitted on the designated forms provided in the following section: Bid Forms.

It is mandatory that all fields in these sections be fully completed and signed where indicated.

Failure to comply with this requirement may result in the bid being deemed non-responsive.

• The grand total of the Contract must be stated on the Bid Form in both writing and numerals; in case of an error, the price in words, unless obviously incorrect, shall govern.

Alternate proposals will not be considered unless called for.

Bids by corporations must be electronically executed in the corporate name by the president or vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

Bids by partnerships must be electronically executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature.

All names must be typed or printed below the electronic signature.

The CONTRACTOR shall be licensed under the proper classification(s) as outlined under the State of New Mexico’s Construction Industries Division Rules and Regulations (latest edition). A CONTRACTOR not having the minimum license at the time of Bid opening shall be considered a non-responsive Bidder and their Bid will be rejected.

Each addendum shall be made a part of the Contract Documents to the same extent as though contained in the original documents and itemized listings thereof. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

Pursuant to Section 13-1-108 NMSA 1978, the total amount of the bid shall exclude the applicable state gross receipts tax or applicable local option tax. The OWNER will pay for any taxes due on the Contract and will pay any increase in applicable which become effective after the date the Contract is entered into in addition to the Bid total.

Taxes shall be shown as a separate amount in each billing or request for payment made under contract and shall separately identify each tax being billed.

4. Submission of Bids

Bid Forms shall be submitted electronically through BidNet or physical delivery to City Hall, located at 201 W. Chaco, Aztec NM 87410 at the time indicated in the invitation to Bid and is open to the public.

The City of Aztec reserves the right to accept or reject any or all Bids.

Bids received after the date and time in the Invitation to Bid will be returned to sender unopened.

5. Resident Contractor Preference

Preference will be given for NM Resident, NM Resident Veteran, and NM Resident Native American contractors. These preferences are not cumulative and do not apply to contracts utilizing federal funds.

All contractors wishing to obtain resident preference are required to submit a current Resident Business/ Contractor Preference Certificate issued by the New Mexico Department of Taxation and Revenue. All preference numbers issued prior to January 1, 2012 are invalid. It is the sole responsibility of Bidders to obtain certification prior to the bid opening date. For additional information call 505-827-0951 or go to:

https://www.tax.newmexico.gov/businesses/business-preference-certification/

6. Bid Security

Bid security in the amount of 5% of the amount of the bid shall accompany the bid proposal and must be in the form of a certified or bank cashier's check made payable to OWNER or a bid bond issued by a surety licensed to conduct business in the State of New Mexico and named in the current list of "Surety Companies Acceptable on the Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department.

The Bid Security of the successful Bidder will be retained until he has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if he fails to execute and deliver the Agreement and to furnish the required Contract Security within 10 days of receipt of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited.

The Bid Security of any Bidder whom OWNER believes to have reasonable chance of receiving the award may be retained by OWNER until the earlier of the seventh day after the executed Agreement is delivered by OWNER to CONTRACTOR and the required Contract Security is furnished or the sixty-first day after the Bid opening.

Bid Security of other Bidders will be returned within seven days of the Bid opening.

7. Subcontractors And Manufacturers

Pursuant to Sections 13-4-31 through 13-4-43 NMSA 1978), the Bidder shall submit the following information for each Subcontractor who will perform work or labor or render service to the CONTRACTOR in or about the construction Project in an amount in excess of the listing threshold specified in the Invitation to Bid:

Name of the Subcontractor;

City and County of the Subcontractor;

Nature of the work which will be done by the Subcontractor

The listing threshold is $5,000.

The Bidder may be required to establish the reliability and responsibility of the proposed Subcontractors or of any manufacturer to furnish an perform the work in accordance with the Contract Documents and completion schedule and may also be required to require performance and payment bonds of some or all Subcontractors in conformance with Sec. 13-4-37 NMSA 1978.

8. Withdrawal of Bids https://www.tax.newmexico.gov/businesses/business-preference-certification/

Any Bid may be withdrawn prior to the scheduled time for the opening of Bids or authorized postponement thereof. Any Bid received after the time and date specified shall not be considered. No Bidder may withdraw a bid after the Bid opening until the time for award stipulated below has expired. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the bidder. Material mistakes by the low bidder can be used as a basis of withdraw of bid after bid opening pursuant to §13-1-106, NMSA 1978.

9. Qualifications of Bidders

1. The minimum qualifications for the contractor are as follows:

• Has 5 or more years of experience in construction/renovation of facilities for projects exceeding

$100,000; and

• Has valid New Mexico Contractor license.

2. Minimum qualifications for subcontractors are as follows:

• Has 5 or more years of experience in construction/renovation of the facilities or services field for which they are designated to perform; and

• Has a valid New Mexico contractor license. To demonstrate qualifications for the Project, each Bidder must submit valid New Mexico Contractor’s license and be prepared to submit within five days of OWNER'S written request a written statement of Bidder's Qualifications on the form contained herein or as prescribed by the OWNER. The OWNER reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the OWNER that such Bidder is properly qualified to carry out the obligations of the of the Agreement and to complete the work contemplated by it; and such rejection shall not give rise to a cause of action against the OWNER, Architect or Engineer, or impose a requirement upon the OWNER, Architect or Engineer to divulge the information upon which such rejection is based.

10. Award of Contract

All Bids shall remain open for sixty (60) days after the day of the Bid opening; but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date.

OWNER reserves the right to reject any and all Bids and waive any and all informalities and the right to disregard all nonconforming or conditional Bids or counter proposals. The City may not award all projects or only some of the projects depending on bid amounts and the available funding for the projects.

In evaluating Bids, OWNER shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid forms. He may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the Special Conditions. He may conduct such investigations as he deems necessary to establish the responsibility, qualifications, and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. OWNER reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to OWNER's satisfaction.

If a contract is to be awarded, it will be awarded to the lowest responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the Project.

The acceptance of a Bid will be evidenced by a Notice of Award in writing signed by a duly authorized representative of the OWNER and delivered to the Bidder whose Bid is accepted, in the manner provided for giving written notices (reference paragraph 13.3 of the General Conditions).

If the contract is to be awarded, OWNER will give the apparent successful Bidder a Notice of Award within sixty days after the day of the Bid opening.

11. Performance and Payment Bonds

A performance bond and a labor and material payment bond, each in the amount of 100 percent of the Contract Price, with a corporate surety approved by the OWNER, will be required for the faithful performance of the Contract.

Surety must be licensed to conduct business in the State of New Mexico and named in the current list of "Surety Companies Acceptable on the Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department.

Attorneys-in-fact who sign the payment bond and performance bond must file with each bond a dated, certified and effective copy of their power of attorney.

12. Insurance Requirements

(Construction or Installation Only) Contractor shall carry and maintain insurance in the following amounts:

General Liability - $1,000,000 CSL (Combined Single Limits) Auto Liability - $1,000,000 CSL (Combined Single Limits) Workers Compensation – Statutory limits pursuant to the NM Workers Compensation Act.

The certificate shall specifically provide that the coverage afforded under the policy or policies will not be cancelled or be materially changed until prior written notice has been given to the City. The Contractor shall furnish a certificate of insurance showing that the City is additionally insured prior to commencing work.

13. Execution of Contract

A City of Aztec Business License is required of any business conducting business within the City (Aztec City Code Sec 11-2-1). A Contract will NOT be executed until the CONTRACTOR is in compliance with Aztec City Code.

The CONTRACTOR will execute and return to the OWNER the Agreement and any required bonds and certificates of insurance within 15 days after receipt of the Notice of Award.

The CONTRACTOR shall not proceed with any construction activities other than ordering materials, supplies and equipment, until the required bonds and certificates of insurance are delivered to the OWNER, and OWNER acknowledges in writing their receipt.

No progress payments shall be made to CONTRACTOR until the required bonds and certificates of insurance are delivered to the OWNER.

14. Pre-Bid Conference

The purpose of this conference is to answer any questions, as might arise, with respect to the Bidding requirements and execution of this Contract.

Questions resolved at this meeting will be posted to the City of Aztec website www.aztecnm.gov.

If a mandatory pre-bid conference is identified in the Invitation to Bid, bids received by Offerors who did not attend and sign the pre-bid conference attendance form will be returned unopened.

15. Contract Time – Liquidated Damages

The number of days for the substantial completion of Work (the Contract Time) and/or final completion is set forth in the Bid Proposal and will be included in the executed Construction Agreement. Any provisions for liquidated damages are set forth in the Contract Documents.

16. Quantities

The quantities set forth in the Bid Form are estimated quantities on which Bids will be compared, and which will be the basis for the award of Contract. Payment will be made for the Work actually performed. The OWNER reserves the right to increase or decrease quantities by any reasonable amount to suit the best interest by the OWNER.

17. Collusion-Genuine Bid

The Bidder, by submitting a Bid, certifies that the Bid is genuine and is not sham or collusive, or made in the interest, or in the behalf of any person not named as Bidder, and that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the Bidder has not in any manner sought by collision to secure himself an advantage over any other Bidder.

18. Preferences and Standards for Processes, Materials and Equipment

Unless specified in the Contract Documents, the OWNER has no preference for any process, type of equipment or kinds of material but will consider all processes, types of equipment or kinds of material offered which meet specifications on an equal competitive basis if they are in fact equal to those specified and will accomplish the purpose intended. The OWNER reserves the right to be the sole judge as to whether or not a different process, type of equipment or kind of material offered is in fact the equal to that specified.

19. Project Finance

Any Contract awarded under this invitation for Bid shall be subject to the appropriation of funds by the OWNER’s City Commission.

20. Wage Rates

The Bidder's attention is directed to the fact that wages to be paid on this project shall not be less than the prevailing wage rates as listed by the New Mexico State Office of Labor Commissioner and (where applicable) the prevailing Federal Wage Rate Decision listed by the U.S. Department of Labor and in effect at the time of this contract. It shall be the successful Bidder's responsibility to inform himself thoroughly of all state, federal, and local laws and statutes pertaining to the employment of labor, the freedom of organization, and the conditions of employment and shall strictly adhere to such laws and regulations as are applicable. There shall be no discrimination because of race, creed, sex, color, national origin, or legal political affiliation in the employment of persons qualified by training and experience for work under this contract.

21. Federal Assisted Construction Contracts

Notice of Requirement for Certification of Non-Segregated Facilities Bidders are cautioned as follows: By signing the Contract for which this Bid is solicited, the Bidder will be deemed to have signed and agreed to the provisions of the "Certification to Non-segregated Facilities" as contained in the Specifications for this Project.

Notice to Prospective Federally Assisted Construction Contractors A certification of Non-segregated Facilities, as required by the May 28, 1968 order (33 F.R. 7808, May 28, 1968; 41 CFR Part 60-1, et seq) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a federally assisted construction contract exceeding Ten Thousand Dollars ($10,000.00) which is not exempt from the provisions of the Equal Opportunity clause.

CONTRACTORS receiving federally assisted construction contract awards exceeding Ten Thousand Dollars ($10,000.00) which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of this notice to prospective Subcontractors for supplies and construction contracts where the subcontracts exceed Ten Thousand Dollars ($10,000.00) and are not exempt from the provisions of the Equal Opportunity clause.

Certification by Bidder regarding Equal Employment Opportunity must be submitted with each Bid.

22. Equal Employment Opportunity

During the performance of this Contract, the CONTRACTOR agrees as follows:

• The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selecting for training, including apprenticeship.

• The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment, notices as provided setting forth the provisions of this nondiscrimination clause.

• The CONTRACTOR will, in all solicitations or advertisements for employment placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin.

• The CONTRACTOR will send to each labor union or representative of workers with which he has collective bargaining agreements or other contracts or understandings, a notice advising the labor union or worker's representative of the CONTRACTORS' commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

• The CONTRACTOR will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

• The CONTRACTOR will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to CONTRACTOR's books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations, or orders, this Contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor.

The CONTRACTOR will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the contracting agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

23. Compliance with Federal Regulations

The CONTRACTOR agrees to comply with any Federal Statutes or Regulations which are applicable to this Project including, but not limited to, the following:

• All labor standards including those relating to the payment of wages, working conditions, anti-kickback prohibitions and equal employment, and in particular:

• The provisions of Title 29 of the Office of the Secretary of Labor of the United States Government, Part

3, entitled "Contractors and Subcontractors on Public Building or Public Work Financed in whole or in part by loans or grants from the United States" (29 CFR Part 3).

• The provisions of 29 CFR Part 5 entitled "Labor Standard Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction" as well as the “Labor Standard Provisions Applicable to Non-construction Contracts Subject to Contract Work Hours and Safety Standards Act.”

• Those concerning relocation and related payments to in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC 4601 et seq.

• The National Environmental Policy Act of 1969, as amended (42 USC 4231 et seq).

• The Clean Air Act, as amended (42 USC 1857-1858 a).

• The Federal Water Pollution Control Act, as amended (33 USC 1251-1376).

• The National Historic Preservation Act of 1966, as amended (16 USC 470 et seq).

• The Wild and Scenic Rivers Act (16 USC 1271-1281).

• The Endangered Species Act of 1973, as amended (16 USC 1531 et seq).

• The Historic Sites, Buildings and Antiquities Act, as amended (16 USC 461 et seq).

• The Americans with Disabilities Act of 1990 (P.L.101-336, July 26, 1990), and any regulations adopted pursuant thereto;

• The National Flood Insurance Act of 1968, as amended.

• The National Pollutant Discharge Elimination System Regulations for Storm Water Discharges, 40

CFR Parts 122,123 and 124.

24. Safety and Health Regulations for Construction

In order to protect the lives and health of his employees, the CONTRACTOR shall comply with all pertinent provisions of the Contract Work Hours and Safety Standards Act as amended, commonly known as the Construction Safety Act and also known as the Williams-Steiger Occupational Safety and Health Act of 1970, together with the regulations promulgated in 29 CFR, Parts 1901 through Parts 1919.

25. Warranties

The Bidder shall warrant and guarantee all workmanship performed by the Bidder and materials supplied by the Bidder for a minimum period of one (1) year from purchase date or date of Substantial Completion, unless otherwise specified in the specifications.

26. Bid Opening Procedure

The person or persons opening the bids will adhere to the following procedure:

• Announce the name of the bidder.

• Check for bid bond or bid security.

• Check for acknowledgment of addendums.

• Check for proper signature on bid form.

• Check other requirements on bid form.

• Read Bid Aloud

If any of the above requirements have not been met, the bid shall be read after the deficiency, or deficiencies have been accounted and noted.

27. Registration of Contractor’s and Subcontractors for Public Works Contracts

In order to submit a bid valued at more than sixty thousand dollars ($60,000), or to be considered for award of any potion of a public works project greater than sixty thousand dollars ($60,000) the contactor serving as prime contractor, subcontractor, or any tier thereof, shall be registered and obtain a New Mexico Public Works Registration Number prior to the opening of bids (NMSA 13-4-13.1). Bids that do not meet this requirement will be non-responsive. Registration forms can be located at:

http://www.dws.state.nm.us/LaborRelations/LaborInformation/PublicWorks

28. Protest Deadline

Any protest by a Bidder must be timely and in conformance with Section 13-1-172, NMSA, 1978 and applicable procurement regulations. The fifteen (15) day protest period for responsive Bidders shall begin on the day following the City’s written notification to all responding Bidders. Protests must be written and must include the name and address of the protestor and the number assigned to this Bid by the City. It also must contain a statement of grounds for protest including appropriate supporting exhibits. The timely protest must be delivered to:

Brenda Blake, Procurement Specialist City of Aztec 201 W Chaco Aztec NM 87410

29. Defined Terms

Terms used in these Instructions to Bidders have the meanings assigned to them in the General Conditions unless otherwise defined in the Special Conditions.

PURPOSE AND SCOPE

1. SCOPE OF PROCUREMENT

The scope of this procurement consists of demolition of existing retaining walls, earthwork for regarding the site for access around the new clearwell and existing pond, excavation for a new 10’ deep clearwell, construction of new concrete retaining walls for site grading, construction of a new concrete 11,300 CF clearwell to be tied into the existing clearwell, including construction to reroute flow in the existing clearwell, and construction of concrete sitework.

2. SPECIFICATIONS

Refer to Appendix A for specifications.

BID FORMS

BASIS OF BID

The undersigned hereby proposes to perform all work for the City of Aztec – ITB 2026-879 Aztec Water Plant Clearwell Facility Expansion.

The Contract Documents include the design documents which consists of construction drawings entitled Aztec Water Plant Clearwell Facility Expansion as well as the Technical Specifications, Special Provisions, Minimum Testing Requirements, Geotechnical Engineering Report and any Addenda which are incorporated herein and made a part hereof; and to perform said work in accordance with and at the rates and prices (or lump sum bid) shown in the following bid.

Each individual line item in each bid table must be bid. The cost of any work added or deducted from the bid table estimated quantities shall be computed at the unit prices bid. The Estimate of Probable Cost shall be completed with the totals from each individual bid table. The Total Base bid consists of the minimum Scope of Work required for this contract. One, two or three of the Alternate Bids will be added to the contract at the sole discretion of the City. Each alternate bid shall stand alone as none, 1, 2 or all 3 alternates may be selected by the City.

The undersigned, as Bidder, hereby declares that the only persons or firms interested in the proposal as principal or principals is or are named herein and that no other persons or firms than herein mentioned have any interest in this proposal or in the contract to be entered into; that this proposal is made without collusion with any other person, company, or parties making a bid or proposal; and that it is in all aspects fair and in good faith without collusion or fraud.

The Undersigned agrees that, upon written notice of acceptance (Notice of Award) of this proposal mailed or otherwise furnished within 60 days after the date of opening proposals, he or she will within 15 days after receipt of said notice, execute and return to the City of Aztec, New Mexico the prescribed construction contract and any required bonds and certificates. The receipt of an electronic transmission (email) of the Notice of Award, by undersigned shall constitute receipt as provided herein.

The bidder agrees the Aztec Water Plant Clearwell Facility Expansion work will be substantially completed by 120 days from Notice to Proceed. Readiness for final payment will be 14 calendar days after final substantial completion.

The bidder agrees liquidated damages will be paid to the Owner for each day beyond each completion expiration in the amount of $500.00 per calendar day for completion of remaining work and readiness for final payment beyond completion expiration date.

The undersigned understands that immediately upon, or up to 10 days following receipt by the OWNER of construction contract signed by the undersigned, the OWNER may issue a Notice to Proceed. The receipt of the electronic transmission (email) of the Notice to Proceed by undersigned shall constitute receipt as required herein.

BASIS OF BID (Continued)

ITB 2026-879 Aztec Water Treatment Facility Clearwell Expansion

ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL

Removals: Remove existing retaining wall, piping, etc. LS 1

Earthwork: clearing and grubbing; excavating to grade and excavate for clearwell; backfill structures; removing excess from site. LS 1

Build Clearwell; access hatchs; wall penetrations; Leak Test CIP LS 1

4 Retaining Wall, CIP LS 1

5 Hand Railing, CIP LS 1

Pumpout and Dechlorinate existing clearwell 3' deep. Approximately 30,000 gallons EA 2

7 24" CMP Backwash Piping LS 1

8 6' Diameter Manhole EA 1

9 Flow Meter, Laser Doppler non-contacting EA 1

10 Baffle Walls, CIP LS 1

11 Concrete Valley Gutter, CIP LFL 147

12 Riprap, CIP SY 4

13 Clearwell cleaning and disinfection LS 1

14 Contractor Quality Control Testing LS 1

15 Construction Staking by Contractor LS 1

Bid Total:

BASIS OF BID (Continued)

The bidder agrees the work will be substantially completed within _____ calendar days of issuance of the Notice to Proceed Construction.

Estimated lead time for materials/equipment: _____________________________________

Estimated time to project completion after receipt of materials and equipment: _________________________

Written total amount of bid (excluding tax):

BIDDER MUST SIGN BELOW FOR BID TO BE VALID

Company Name: __________________________________________________________

Signature of Authorized Representative: __________________________________________________________

Printed Name: __________________________________________________________

Title: __________________________________________________________

Telephone Number: __________________________________________________________

Email Address: __________________________________________________________

(SEAL) If Bid is by a Corporation

Attest: _________________________________

Title: _________________________________

ACKNOWLEDGMENT OF RECEIPT FORM

In acknowledgment of receipt of ITB 2026-879 Aztec Water Plant Clearwell Facility Expansion.

The undersigned agrees that he/she has received the bid documents copy from the City’s website or BidNet.

The City will provide additional bid documents electronically upon receipt of the completed acknowledgement form.

NON-MANDATORY PRE-BID: OCTOBER 20, 2025, 2:00 pm, at the City of Aztec City Hall, 201 W. Chaco.

Aztec, NM 87410.

The acknowledgment of receipt should be signed and returned as directed below. Only potential Bidders/Offerors who elect to return this form will receive copies of all future communications relating to and including amendments to the Bid if issued.

FIRM:

REPRESENTED BY: TITLE:

PHONE NO.: EMAIL:

FAX NO:

ADDRESS:

Street

CITY STATE ZIP CODE

SIGNATURE: DATE:

This name and address will be used for all correspondence related to document this Bid Firm [ ] does or [ ] does not (check one) intend to respond to ITB 2026-879 Aztec Water Plant Clearwell Facility Expansion

If the firm does not intend to reply, please give a brief reason for not responding.

Return to:

Brenda Blake, Procurement Specialist City of Aztec 201 W Chaco Aztec, New Mexico 87410 Telephone Number: 505-334-7652 procurement@aztecnm.gov mailto:procurement@aztecnm.gov

BID SUBMITTAL

ITB 2026-879 Aztec Water Plant Clearwell Facility Expansion.

(Please print) Company Name: _____________________________________________________________________

Address: ____________________________________________________________________________

City: ____________________________________ State: ___________________ Zip: _______________

Contact Person: ______________________________________________________________________

Email: _______________________________ Phone: _____________________________

IMPORTANT - Bids Must Be Submitted electronically through BidNet or delivered physically to Aztec City Hall. Emailed, or Faxed Bids Will Not Be Accepted. Submitting a "No Bid" Is Not Required To Be Kept On the City's Bidders List.

NON-MANDATORY PRE-BID: October 20, 2025, 2:00 pm

Commission Room in City Hall 201 W Chaco, Aztec NM 87410

Sealed bids will be accepted until 3:00 PM MST on November 17, 2025, at which time they will be publicly opened and read aloud in the Commission Room at the City of Aztec, located at 201 W Chaco, Aztec NM 87410. This bid is subject to the Purchase Order Terms and Conditions, Bidding Requirements and Specifications.

If a corporation, state of incorporation:

New Mexico Tax Id No:

Federal Tax Id No.:

New Mexico Contractors License No.:

New Mexico Contractors License Classifications:

New Mexico Dept. of Workforce Solutions Public Works Registration No.:

City Of Aztec Business License No:

Current City of Aztec Business License is not required at time of bid. Successful bidder will be required to obtain City of Aztec Business License prior to execution of contract.

Resident Preference will be applied only to those in-state certified businesses that have completed the following:

Bidder has received certification from the State of New Mexico for Resident Business/Contractor (Resident/ Resident Veteran/ Resident Native American/ Resident Native American Veteran). Bidder has been issued a Certification number and is therefore eligible for the preference. (Attach a copy of the certificate to bid.

BID SUBMITTAL (Continued)

Certificate must be current and will be verified via the NM Tax & Revenue website:

https://www.tax.newmexico.gov/businesses/business-preference-certification.)

Guaranteed pricing is requested; please submit pricing guaranteed for 60 DAYS from the date of notice of award.

Notice of award shall occur within 60 days of bid opening date. The City of Aztec reserves the right to accept any bid, in whole or in part, and to reject any or all bids if it is deemed in the best interest of the City to do so. The City of Aztec reserves the right to waive any formality or informality in the process of awarding this bid.

The items as specified herein are not to be taken as restrictive but rather are to establish a standard for services desired. Any deviation in the attached pages should be specifically set forth in your bid offer. Except as specified as Sole Source, any brand name used is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition. Where there is more than one part to an item, all parts must be bid to receive Board consideration.

The bidder agrees the work will be substantially completed within 90 calendar days from the Notice to Proceed, as may be modified by change order, and work will be completed and ready for final payment within 120 calendar days from the date of the Notice to Proceed, as may be modified by change order.

The bidder agrees liquidated damages will be paid to the Owner for each day beyond each completion expiration in the amount of $500.00 per calendar day for completion of remaining work and readiness for final payment beyond completion expiration date.

The Proposal guarantee shall be 5% of the total amount bid. Guarantee included with bid is (mark one):

Bid Bond Cashier’s Check Payable to City of Aztec

Subcontractor’s listing threshold $5,000

Bidder must check the appropriate box below:

If applicable, BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING AMENDMENT(S):

Addendum No. Dated Addendum No. Dated

Addendum No. Dated Addendum No. Dated

BIDDER’S REPRESENTATIONS

A. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

B. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

C. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

D. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs.

E. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

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

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

H. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

I. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

To be a valid proposal, Bidder must sign here:

Signature:

Date:

Printed Name:

Title:

BIDDER’S CERTIFICATION

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