On-Call_HVAC_Installation_and_Maintenance.pdf

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

INVITATION TO BID (ITB)

On-Call HVAC Installation and Maintenance

ITB#: FY26-COCITB-084

Table Of Contents

1. PROCUREMENT SCOPE

2. DEBARRED OR SUSPENDED CONTRACTORS

3. PROCUREMENT REQUIREMENTS

4. INSTRUCTIONS TO BIDDERS

5. TASK ORDERS

6. INSTRUCTIONS TO CONTRACTORS

7. VENDOR QUESTIONNAIRE

8. PRICE SCHEDULE

I. PROCUREMENT SCOPE

This Invitation to Bid (ITB) will result in a Multiple Award. The term of the Agreement 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 the Price Agreement on an annual basis by mutual agreement not to exceed a total of ten (10) years, by mutual agreement of all parties at the same terms and conditions, in accordance with NMSA 1978, Sections 13-

1-150 through 152.

Specifications

A. The Contractor(s) shall provide goods and services for the installation, repair, maintenance, and troubleshooting of Heating, Ventilation, and Air Conditioning (HVAC) systems throughout the Paseo

Real Wastewater Reclamation Facility and remote sites.

B. Contractors shall be capable of providing all coordination, supervision and services required for comprehensive general construction, equipment replacement, upgrade and improvement projects and to provide new construction services including incidental design. Contractors shall have the technical staff to perform diagnostic services and provide professionally prepared, stamped drawings, if needed, to obtain installation or construction permits.

C. The scope of an individual project may include equipment and fixtures whether attached or not to the building. It can include, but not be limited to, site and utility work, irrigation, landscaping, mechanical work, pavement restoration, building repair, renovation, painting, stucco, backfill services, digging, ditching, rock stabilization, concrete, and pour in place and form place finish. The utility work shall include building power systems such as solar panels, piping, pumping systems, and waste treatment systems. It may also include demolition and abatement projects.

D. The Contractor shall agree to provide required labor within 24 hours for situations as deemed by the

City to be an emergency.

E. All material shall be new and of the highest quality available for the type of work being performed.

Replacement systems and related equipment shall meet current minimum "Energy Star" energy conservation standards. No used materials shall be used on any project. Recycled materials specifically prepared for reuse to meet Leadership in Energy and Environmental Design "LEED" certification may be permitted with Wastewater's approval.The purchase of major equipment or material must be preceded by submission of submittal data on the proposed equipment or material and shall be reviewed and approved by the Wastewater Division. If the Contractor is requesting reimbursement for materials used on the work, copies of the invoices for the materials must be included when submitting invoices/pay applications. The Contractor may NOT add markups for the materials purchased.

F. The Wastewater Division reserves the right to purchase materials or specialty services directly from existing Statewide Price Agreements and other sources, and to provide these materials to the Contractor.

The Contractor shall provide an itemized, quantifiable list of materials required for the project. Specialty services provided from Statewide Price Agreements and other sources shall be coordinated by the

Contractor.

G. The Wastewater Division reserves the right to obtain quotes from multiple vendors covered under this

Price Agreement(s) and award a project to a contractor based on the quotes.

H. Contractor shall be responsible for any applicable Local, County, State and Federal requirements including, but not limited to, the City of Santa Fe's Stormwater Pollution Prevention Program and

Stormwater Best Management Practice "BMPs".

I. The Wastewater Division reserves the right to provide an escort and/or full-time supervision of the

Contractor and its employees during any or all phases of a project, should the Wastewater Division feel it is in its best interest to provide these extraordinary security services.

J. The Wastewater Division reserves the right to escort any or all employees of the Contractor off its property, for any inappropriate conduct or actions that jeopardize the safety, security, or wellbeing of the facility or any individual. Inappropriate behavior by the Contractor, its employees or subcontractors may be grounds for immediate removal from this Price Agreement. Any employee of the Contractor found in violation of any law, while on City property, will be prosecuted.

SCOPE OF WORK

The City of Santa Fe, Public Utilities Department, Wastewater Management Division requires installation, preventive maintenance, new installation, and repair services for all HVAC mechanical systems at the Paseo

Real Wastewater Reclamation Facility and remote sites. Contractor shall provide all necessary labor, materials, and equipment to perform a comprehensive range of scheduled, unscheduled, and emergency preventive maintenance and repair services for all HVAC equipment, including auxiliary systems. Contractor shall ensure a high level of service and strive to maintain 100% operational reliability of all HVAC systems within the scope of this contract. Contractor shall provide a qualified labor force capable of performing all maintenance services in accordance with manufacturer specifications, recommendations, original equipment design criteria, and industry-standard maintenance practices.

II. 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 a Price

Agreement during the period for which it is debarred or suspended.

III. PROCUREMENT REQUIREMENTS

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.

Solicitation Information

Solicitation No.: FY26-COCITB-084

Project Title: On-Call HVAC Installation and Maintenance

Issue ITB: May 12, 2026

Electronic Bid Submittal Deadline: June 2, 2026, 2:00pm

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

ITB Access

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

B. A Project Manager has been assigned to this solicitation:

Project Manager: Paul 'Fred' Heerbrandt

Email: pfheerbrandt@santafenm.gov

C. Bidders may contact ONLY the Wastewater Division Project Manager and the Central Purchasing

Division (CPD) regarding this procurement via the OpenGov Procurement Portal in the Question &

Answers section of the solicitation.

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

D. 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.

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

F. The City, 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.

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 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. Bids that are not both: (1) fully complete; and (2) received, by the deadline, will be deemed late.

C. 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.

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

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 any amendments.

Resident Preference

The following state-level preferences may be applied to this procurement, provided no federal funds are used in the resulting Price Agreement(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 for Resident Preference

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.

Competitive Sealed Bids

Price Agreements 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

Price Agreement 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 Price Agreement.

Bid Opening

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

The bid tabulations will be available on the results page of this procurement.

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 https://www.tax.newmexico.gov/businesses/business-preference-certification/ https://www.tax.newmexico.gov/businesses/business-preference-certification/ 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 related to accessibility, you may contact the Chief Procurement Officer (CPO) or their designee in advance.

C. CPO contact information is:

Travis Dutton-Leyda

CPO

purchasing@santafenm.gov

D. The WastewaterDivision, 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 of the amounts of the total amounts of Item Prices, for public information and inspection, will be created by and available on the OpenGov Procurement Portal after the Bid Opening

Date.

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.

IV. INSTRUCTIONS TO BIDDERS

Applicable Laws

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

§60-13-12, NMSA 1978.

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).

mailto:purchasing@santafenm.gov https://nmonesource.com/nmos/nmsa/en/item/4378/index.do#!b/13-4-13.1 https://nmonesource.com/nmos/nmsa/en/item/4378/index.do#!b/13-4-13.1 https://nmonesource.com/nmos/nmsa/en/item/4378/index.do#!b/13-4-36

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.

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.

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.

The Contractor shall follow the Occupational Safety and Health Act (OSHA) 29 CFR 1910.147 Standard pertaining to "Lockout/Tagout" procedures for hazardous energy.

Bidding Documents

A. 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 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, (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.

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.

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.

*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.

Pre-Bid Conference

When a Pre-Bid Conference is scheduled in the timeline, the City shall conduct a virtual, non-mandatory, Pre-

Bid Conference prior to the Bid opening date stated in the ITB.

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.

Questions and requests for clarification are to be presented in the Question & Answer tab in open Gov.

The Questions will be answered in the same area in Open Gov. No verbal response shall be binding.

Correction or Withdrawal of Bids

A. If a Bidder discovers a mistake in their Bid before Bid Opening, they may modify or withdraw their Bid prior to the time set for Bid Opening.

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.

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 invitation for bids, 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 invitation for bids.

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

https://procurement.opengov.com/portal/santafenm/projects/245418

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.

Bid Evaluation and Award

A. It is the intent of the City to endeavor to award a Price Agreement to the lowest responsive and responsible Bidder. The City may award multiple Price Agreements 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.

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

C. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum https://procurement.opengov.com/portal/santafenm/projects/245418

Identical Bids

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

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

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

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

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

Rejection or Cancellation of Bids

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.

Bribes, Gratuities and Kickbacks

A. 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).

B. 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.

Notice of Price Agreement Requirements Binding on Bidder

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).

A. Definitions - Sections 1.0 to 1.1;

B. Contract Bond Requirements - Section 4.2;

C. Bribes, Gratuities, and Kickbacks - Section 4.8;

D. Equal Employment Opportunity - Labor Standards Provisions and other listed within the Price Agreement

Documents.

Protests

Any Bidder who is aggrieved in connection with this procurement (Bid) may protest in writing to the CPO. The protest shall be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest.

Notice of Award

A. A written Notice of Award shall be issued by the Wastewater Division after review and approval of the

Bid and related documents by the City of Santa Fe Governing Body.

B. The Wastewater Division will issue written Notices of Award to the successful Bidders, confirming the award of each on-call Price Agreement. Each Price Agreement will define the general terms and scope of services but will not include a guaranteed quantity.

C. Individual task orders issued under the Price Agreement will define the specific scope of work, task order value (including applicable taxes), and trigger any Public Works compliance requirements, including bonds, subcontractor listing, and wage rate decisions, where applicable.

Cancellation of Award

When in the best interest of the public, the City in its sole discretion, may cancel the award of any Price

Agreement at any time before the execution of said Agreements by all parties without any liability against the

City.

Post-Bid Information

A. Contractor’s Qualification Statement - Bidders to whom award of a Price Agreement 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.

B. Failure to Execute Price Agreement - Failure to return the signed Price Agreement 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. Award may then be made to the next lowest responsible Bidder, or the work may be re-advertised.

C. Task Order - The Wastewater Division will issue a written Task Order, 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.

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

Registration

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 bid submitted for the contractor in the space provided 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.

V. TASK ORDERS

Task Order Requirements

A. The Contractor shall be required to provide On-Call HVAC Installation and Maintenance for any number of the activities listed under the Scope of Work upon the request of the Wastewater Division.

When a service is identified, the Wastewater Division shall provide, at a minimum, a detailed scope of work and/or drawings defining work required. Each project will be individually described in the Task

Order. The Task Order will describe the scope of work, the duration of the project with the date of

Substantial Completion and if there are liquidated damages for not meeting the date of substantial completion. The date of Substantial Completion is the date when the space can be occupied or the Work used/operated and is turned over to the Wastewater Division. Final completion is the date when the project is totally complete, the punch list work complete and the Contractor's final pay application/invoice is approved. The terms and conditions of the Contractor's Price Agreement will apply to all Task Orders.

B. Upon receiving a Task Order, the Contractor shall promptly visit the site and compare the Wastewater

Division's scope of work and/or drawings to the existing conditions and provide all services called for in addition to the requirements set forth in this Price Agreement. The Contractor will be required to provide a written quote (based upon the rates submitted in the Bid Form) sub-contractors list (including subcontractor’s CID licenses) and cost summary to include the work to be performed, and the amount of time required for the completion of the project and submit to the Wastewater Division at no cost to the Wastewater Division. Project schedules, negotiated price, and completion dates shall be determined on a project-by-project basis and dependent upon the urgency of that task.

C. If any City owned equipment or system the Contractor is working on cannot be economically repaired or has reached the end of its life cycle, the Contractor shall justify with costs and other information they need for replacement. If replacement is recommended, the Contractor will provide written justification for system and/or the model, size, and type of unit recommended along with any applicable efficiency data. The Wastewater Division's standards will be discussed and taken into consideration when proposing replacement units or systems. Any replacement unit shall be reviewed and approved by the requesting entity.

Contractor's Pricing

Contractor's price shall include labor costs, permits, overhead, profit, insurance, equipment, tools and any other fees required to successfully complete the work requested. The Contractor shall be capable of providing a work force with supervision, adequate to perform work for a forty (40) hour work week during normal working hours with the option of working non normal or overtime hours if required.

Contractor shall submit billings, based on actual Contractor costs for materials, less any applicable percentage for discounts. Contractor shall provide verification that materials purchased were used for the project. Any unused, billed for materials shall be turned over to Wastewater for which the work was provided.

Pre-Submittal of Task Order Quote

A. Before submitting a quote for a Task Order, Contractor must

1. examine the Task Order documents thoroughly,

2. 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,

3. study and carefully correlate the Contractor’s observations with the Task Order documents,

4. at their own expense, make such verifications of all existing conditions, measurements and dimensions, additional investigations and tests as the Contractor may deem necessary to determine a quote for performance of the work in accordance with the time, price, and other terms and conditions of the Task Order documents.

5. the contractor shall be responsible for verifications of all existing conditions, measurements and dimensions before responding to this bid.

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. Performance, Payment and Labor Bonds - If applicable, the Contractor will be required to provide bonds within ten (10) days after receipt of the Purchase Order.

D. Insurance Requirements - The selected Bidder shall purchase and maintain Liability and Property

Insurance as required by law, with a company or companies licensed to do business in the State of New

Mexico.

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

2. The insurance coverage shall include workers’ compensation, employer's liability, comprehensive general liability, comprehensive automobile liability (owned and hired), excess liability (umbrella form). For more specific insurance requirements refer to the Price Agreement.

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 Wastewater Division prior to routing the

Purchase Order for approval. The City and project name need to be listed as an additional insured.

Public Works Compliance

Bidders are advised that compliance with the New Mexico Public Works Minimum Wage Act (NMSA 1978, Section 13-4 et seq.) is required during this procurement process and throughout the life of the resultant Price

Agreement. These requirements will be enforced at the task order level when statutory thresholds are met.

Specifically, as defined in NMSA 1978, Section 13-1-66.1, compliance is triggered when a task order involves:

• Architectural or engineering services and the value is equal to or greater than the amount listed in the definition, or

• Landscape architecture or surveying services and the value is equal to or greater than the amount listed in the statute.

A Contractor that submits a Task Order 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 Task

Order submitted for the Contractor in the space provided and for subcontractors on the subcontractor form. The registration number(s) will be verified by the City. It is the responsibility of the Contractor and the subcontractors to ensure the registration is completed prior to submitting the Task Order.

Subcontractors

Each Task order will either require a listing of subcontractors or not depending on the project cost. If the project cost is over $60,000, then, depending on the threshold amount, the Subcontractor Fair Practice Act (NMSA

1978, Sections 13-4-31 through 13-4-43) shall apply and the following will be required:

A. The listing threshold amount will be included in the Task Order, and the General Contractor must list all

Subcontractors who will perform work in excess of that threshold. The listing threshold is $5,000 or one-half of one percent of the architect’s or engineer’s estimate of the total project cost, whichever is greater. Only one Subcontractor may be listed for each category as defined by the Contractor.

B. The Contractor shall list on the Subcontractor Listing Form attached to the Task Order, all proposed

Subcontractors or material suppliers for all trades or items. 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.

C. Subcontractors shall have the appropriate current valid Contractor's licenses for their work. Proof of licenses shall be furnished with the Task Order. If the work is self-performed, the Prime Contractor shall list themselves on the form.

D. The Wastewater Division shall consider any request for a change in the listed Subcontractors if the

Contractor can furnish evidence of being able to perform the work in a manner more satisfactory and beneficial to both the Wastewater Division and the Contractor 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 Contractor has made a legitimate error in listing a low Subcontractor, a request for substitution, made after quoting the Task

Order and with the Wastewater Division’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 suppler and/or any other confirmation satisfactory to the Wastewater Division.

E. The Contractor 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.

F. Non-compliance with the intent of the Subcontractor Listing will be grounds for considering terminating the price Agreement.

G. Prior to the commencement of the Task Order, the Wastewater Division will notify the Contractor 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 Contractor may then submit an acceptable substitute Subcontractor with no increase in the Task

Order price.

H. The successful Contractor shall submit the following information to the Wastewater Division:

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 Task Order.

I. The Contractor will be required to establish, to the satisfaction of the Wastewater Division, the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the Task Orders.

J. Persons and organizations proposed by the Contractor 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 Wastewater Division.

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

Contract Bond Requirements

The successful Bidder, where Task Orders exceed 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 at time of Task Order. Bonds shall be executed on Performance Bond and Labor and Material Bond forms similar to the forms in the Questionnaire, with amount payable conforming to the terms of the Task

Order. Surety shall be a company licensed to do business in the State of New Mexico and acceptable to the

City.

Failure to comply shall result in the Task Order being issued to another vendor and the difference in the cost being charged back to the awarded Contractor.

Change Orders

Any change orders to the project scope will require an additional Task Order 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 Task Order, the drawings, etc.; the project scope should be completely defined and agreed upon before any work begins.

VI. INSTRUCTIONS TO CONTRACTORS

Utilization of Agreement

The Wastewater Division shall be able to utilize this On-Call HVAC Installation and Maintenance Price

Agreement as needed and as funding in available.

Contractors Responsibility

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

B. Contractor shall be responsible for all permits, fees, and State and/or City inspections associated with the construction. 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. The Construction Industries Division website is as follows: https://www.rld.nm.gov/construction-industries/

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 requesting entity as soon as it is obtained.

Work Performance

Contractor's price shall include labor costs, permits, overhead, profit, insurance, equipment, tools and any other fees required to successfully complete the work requested. The Contractor shall be capable of providing a work force with supervision, adequate to perform work for a forty (40) hour work week during normal working hours with the option of working non normal or overtime hours if required.

Furnishing of submittal data for any/all new equipment and materials as well as Operation & Maintenance

Manuals is required. Training of site personnel for the proper operation of newly installed equipment/systems and its related controls will be required for completion. This training will be acceptable to the person in charge of the facility and/or the City's Project manager in charge of the project.

The Contractor shall provide all protective coverings necessary to protect existing, adjacent finishes while performing its work. If any damage is encountered during the contractor's work, the contractor will be held responsible for repairing any damage done by his employees, subcontractors, and vendors. The Contractor shall https://www.rld.nm.gov/construction-industries/ restore any damage to existing and/or adjacent finishes damaged while performing work and to make new work inconspicuous with the existing adjacent finishes.

The Contractor and its employees agree to cooperate with and to abide by the rules and requirements of the

Wastewater Division to not interfere with the daily operations or to jeopardize the health, safety or welfare of the employees or general public conducting business with the Wastewater Division.

Price Adjustments

The Contractor shall maintain fixed pricing for each year of the Price Agreement. Pricing may be adjusted no more than once annually through a mutually agreed upon amendment to the contract. The vendor must submit all pricing increase requests in writing to the City, directly to Paul 'Fred' Heerbrandt, pfheerbrandt@santafenm.gov, providing substantiating evidence that the request is based on demonstrable market changes impacting the cost of products or fuel. The request must itemize all proposed increases by line item and include supporting documentation deemed acceptable by the City (such as a letter from a manufacturer indicating price increases, etc.). The City's decision on acceptable documentation in this context shall be final and binding upon all parties to the contract. Requested price increases exceeding 10% will not be accepted, subject to industry standards. No price increase shall result in a higher profit margin. Pricing changes will apply to amendments entered on or after the effective date of the price change. If the vendor's prices are reduced for any reason, the City shall receive the benefit of such reductions immediately. Price increases will not be retroactive to orders already in house or backorders. Orders will be filled at the price in effect on the date of receipt of the order by the vendor.

To facilitate prompt consideration, all requests for price increases must include the following information:

Price Agreement Item Number

Current Item Price

Proposed New Price

Percentage of Increase

Mill/Supplier Notification of price increase indicating percentage of increase and including the reason for the increase.

Substitute Material and Equipment

The Price Agreement, 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 Wastewater Division, application of such acceptance will not be considered by the Wastewater Division until after the “effective date of the Price Agreement.” The procedure for submittal of any such application by the Contractor and consideration by the Wastewater Division is set forth in the Price Agreement Documents.

Contractor's Insurance

The Contractor shall provide all insurance necessary for its employees on the project, including, but not limited to, Workman's Compensation Insurance. The Contractor agrees to comply with City and State laws and rules pertaining to Worker's Compensation Insurance coverage for its employees. If the Contractor fails to comply with the Worker's Compensation Act and applicable rules, when required to do so, the Price Agreement will be cancelled immediately.

It is specifically agreed between the parties executing this Price Agreement that it is not intended by any of the provisions of any part of the Price Agreement to create the public or any member hereof a third party beneficiary or to authorize anyone not a party to the Price Agreement to maintain a suit for wrongful death, bodily and/or personal injury to persons, damage to properties and/or other claims whatsoever pursuant to the provisions of this Price Agreement.

Failure to Execute Price Agreement

Failure to return the signed Price Agreement 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. Award may then be made to the next lowest responsible Bidder, or the work may be re-advertised.

Notice to Proceed

The City will issue a written Notice to Proceed for each project in the form of a Purchase Order to the

Contractor stipulating the Task Order time, start date, substantial completion date (Contract Time, finish date), subject to valid modifications of the Price Agreement authorized by Change Order.

Minimum Wage Rates - (To be completed per applicable Task Order)

Pursuant to the requirements of any Task Order entered into in excess of sixty thousand dollars ($60,000) for construction is subject to the minimum wage rate determination issued by the New Mexico Department of Work

Force Solutions for that project.

Inspection of Work

If a Purchase Order/Task Order is issued for the purchase of services, the following terms shall apply when applicable:

A. Services include services performed, workmanship, and material furnished or utilized in the performance of services.

B. The Contractor shall provide and maintain an inspection system acceptable to the Wastewater Division covering the services under the Purchase Order. Complete records of all inspection work performed by the

Contractor shall be maintained and made available to the Wastewater Division during the term of performance of…