El Paso council refuses to terminate Aztec contractors— airport roof contract after weeks of debate

El Paso City Council voted Tuesday to deny a staff recommendation to terminate Aztec Contractors— award for repairs to the El Paso International Airport terminal roof, sparking one of the meeting—s longest debates.

The council vote came after Aztec representatives told the council they had provided draft bonds and other requested paperwork and that their surety had confirmed it could issue final performance and payment bonds once the parties finalized contract language. Frank Spencer III, president of Aztec Contractors, said Aztec had —complied with every request made by the city— and that the firm remained —fully ready and able and willing to perform on this project immediately.—

Why it mattered: City purchasing staff had recommended terminating the award because Aztec had not delivered the original, hard‑copy performance and payment bonds required in the city—s solicitation documents. Purchasing staff and the airport said the bonds are standard prerequisites to contract execution; Aztec and its surety said it is standard industry practice for a surety to issue bonds only after a fully executed contract is in place and that Aztec had submitted draft bonds to show capacity.

What council did: Representative Maldonado Rocha moved to deny the termination. After more than two hours of public comment and staff responses, the motion passed 6–1, with Representative Fierro the lone vote in opposition.

Key details: City staff said they had met with Aztec and the surety on Oct. 7 and that the solicitation included a clause allowing the city to seek termination if required documents were not delivered within the stated time. Aztec—s representatives said they submitted draft bonds electronically and mailed originals after the termination notice; Jonathan Russell, an agent for the surety, said his firm had provided draft bond copies on Sept. 29 and was prepared to issue originals under underwriting conditions.

Claudia Garcia of the purchasing office told council that the city—s standard practice for construction contracts has been to receive bonds and insurance prior to executing city contracts; Aztec—s representatives said prior Aztec awards had provided bonds only after council award and before execution, and that industry practice varies.

What the council recorded: The formal motion to deny termination was made by Representative Maldonado Rocha and seconded by Representative Trejo; the vote to deny the termination carried 6–1. Council recorded that the city may still require original bonds and that procurement will work to obtain the final documents necessary to execute the contract.

Quotes (from meeting transcript): —Aztec acted in full good faith,— Frank Spencer III said, presenting Aztec—s view of the firm—s compliance. —That is correct,— Claudia Garcia told council when asked whether the solicitation required bonds to be delivered as part of the procurement package. —I make a motion to deny the termination of the lease,— Representative Maldonado Rocha said when offering the successful motion.

What's next: Purchasing said it will continue to request original, executed bonds and insurance documents from Aztec so the city can execute a contract. Council did not authorize termination, and staff said rebidding the project would cause months of delay and likely increase costs.

Context: The award relates to contract 20205-398 for terminal roof repairs at El Paso International Airport. The dispute centered on timing and format of required bond documents, shipping of originals, and whether the city may require originals before formal execution. The council vote keeps the award in place while staff and the contractor work to finalize contract execution.