00100.1

SECTION 00100

INSTRUCTION FOR BIDDERS

1.1 SUBMISSION OF BIDS AND BID OPENING:

BID SUBMISSION. It shall be the responsibility of the Bidders to assure that Bids are received as 10 follows:

MCCCD uses a portal hosted by Euna Procurement (formerly Bonfire) for accepting and evaluating proposals. Registration for a Euna Procurement account will be necessary to view and respond to the IFB.

It shall be the responsibility of the Proposer to confirm that proposals contain all required documents and 15 are submitted electronically through the MCCCD Procurement Portal located here:

https://maricopa.bonfirehub.com/portal/?tab=openOpportunities

The requested information for your Bid submittal is listed below. 20

Document Name File Type (PDF, Word, Excel, etc.)

# of Files Permitted Required/Optional

Form of Proposal PDF (.pdf) One (1) Required

Bid Bond PDF (.pdf) One (1) Required

Statement of Bidder’s Qualifications

PDF (.pdf) One (1) Required

Executive Order 200909 PDF (.pdf) One (1) Required

Non-Collusion Affidavit PDF (.pdf) One (1) Required

Important Notes:

• Take note of the type and number of files allowed. The maximum upload file size is 1000 MB.

• Do not embed any documents within your uploaded files. They will not be accessible or evaluated. 25

• Uploading documents may take significant time, depending on the number and size of the file(s) and your Internet connection speed.

• You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

• Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla 30

Firefox. Javascript must be enabled. Browser cookies must be enabled.

Upon upload, proposals are automatically timestamped and will remain secure and sealed until after the submission deadline has passed. Your proposal is available for you to edit or change any time up to the IFB 35 submission deadline.

https://maricopa.bonfirehub.com/portal/?tab=openOpportunities%20

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Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission or difficulties in accessing the IFB documents. You can also visit their help forum at:

https://bonfirehub.zendesk.com/hc

Your bid must be completed and uploaded to our site no later than 2:00 P.M. (local time), Thursday, 5 July 16, 2026. Submissions after this date and time will automatically be rejected by the system. The time on the MCCCD Procurement Portal shall be the official submittal time of record.

It is the proposer’s responsibility to be aware of the submission deadline and allow sufficient time to complete any uploads needed to finalize your submission. Any technical or internet-related issues that may 10 arise during your submission are not grounds to extend the deadline. It is strongly recommended you begin your submission upload process at least one (1) day prior to the deadline.

1.2 BIDDING DOCUMENTS:

1.2.1 Bidding Documents include the Advertisement for Bids (if issued), Information for Bidders, Bid and Contract Forms, the Bid Bond and the proposed Contract Documents, including any Addenda issued prior to receipt of bids. All requirements and obligations of the Bidding Documents are hereby incorporated by reference into the Contract Documents and are binding on the Successful Bidder upon award of the contract. 20

1.2.2 Bidders may obtain complete set of the Bidding Documents from the issuing office designated in the Advertisement for Bids in the number and for the deposit, if any, stated therein.

1.2.3 Bidders shall use complete sets of Bidding Documents in preparing Bids and the Bid will be 25 considered to cover all work shown in the Documents; neither the Owner nor the Design Architect shall assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, or from deletions; exclusions determined by plan services, bid depositories; or exclusions or qualified proposals made by sub-contractors to the Contractor. It is the Bidder’s obligation to assure that prices have been received and included for all items shown or reasonably implied in the 30 Documents.

1.2.4 The Owner in making copies of the 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.

1.2.5 If refundable deposits are required to obtain bid documents, deposits for drawings and specifications not returned to the above address within 30 days from the bid date shall be forfeited.

1.3 DEFINITIONS:

1.3.1 The Bid:

A bid is a complete and properly signed proposal to do the Work of designated portion thereof for the sums stipulated therein, submitted in accordance with the Bidding Documents.

1.3.2 Base Bid:

The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which work may be added or from which work may be deleted for sums stated in Alternate Bids, if any. 50

1.3.3 Alternates:

An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of 55 the Base Bid if the Corresponding change in the Work, as described in the Bidding Documents, is accepted.

1.3.4 Allowances:

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The Base Bid must include the cost of all Allowance and Contingency amounts listed for this project.

1.4 QUALIFICATION OF BIDDER:

1.4.1 When specifically requested on the bid form, each Bidder shall submit along with his bid a 5 completed statement of qualifications on the form provided herein. When requested by the District, each Bidder shall also submit a completed statement of qualifications for each of his proposed subcontractors within twenty-four (24) hours from the time the final list is submitted.

1.4.2 Prior to Contract award or within seven (7) days of the Owner's request to do so, the successful 10 Bidder shall be prepared to demonstrate that his present organization, direct labor force and prior work experience is of adequate size and development to maintain responsible control of the project and to schedule, coordinate and perform the work in an expeditious manner and in accordance with the Contract Documents.

1.4.3 Bidders, whether residents or nonresidents in Arizona, may be required to show evidence of residency of registration before their bids will be considered. Each bidder shall be an Arizona licensed Contractor and be appropriately licenses for the intended work at the time of bid submission. It is the contractor’s responsibility to assure that the State of Arizona Registrar of Contractor’s license proposed for this project allow the contractor to perform the full scope of work if it is not a B-01 or B-02 General 20 Commercial Contractor license. In general interpretation, a Specialty Commercial Contracting license will allow a minor amount of subcontracted work to trades outside the specialty license if that work is both directly related to the main work of the project, does not represent a significant percentage of the total contract value (usually 15% or less) and is, in itself, not significant. Examples of what has been allowed is subcontracting of concrete work for concrete patching or concrete pole bases for an exterior electrical 25 lighting contract, or extension of or new electrical circuits from existing circuit breakers needed in an HVAC renovation project. (Examples of what has not been allowed to be subcontracted under a Specialty Commercial Contractor license would be providing new electrical panels in the same HVAC renovation project, installing new lay-in ceiling tile throughout a large area when only a small portion was needed in the immediate area of a small replacement air handler, etc.) 30

1.4.4 The Owner and the Architect will consider, in determining the qualifications of a Bidder, his record in the performance of any contracts for construction work into which he may have entered with the Owner or with similar public or private bodies or corporations. The Owner expressly reserves the right to reject the bid of any Bidder if such record discloses that such Bidder, in the opinion of the Owner, has not 35 properly performed such contracts, has received unacceptable references (whether from listed references or other owners or designers on recent work), or has habitually and without just cause neglected the payment of bills, or has otherwise disregarded his obligations to Subcontractors, material men, suppliers or employees.

The Owner may make such investigation as they deem necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for this purpose as they may request. 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 a responsive and responsible Bidder in accordance with the criteria set forth herein at the Owner’s sole discretion. Conditional bids will not 45 be accepted.

To meet minimum requirements, the Bidder shall furnish a minimum of five (5) references for which the bidder has provided services on a contract similar in scope (dollar amount, complexity and type of construction) to those described in this IFB. Prior to award, the references will be checked and verified. 50 At the sole discretion of the District, a poor or bad reference(s) (whether from listed references or other owners or designers on recent work) may cause the bidder to be rejected as non-responsive. References shall be listed in Section 00420 Bidders Qualifications.

1.5 BIDDER'S REPRESENTATIONS:

Each Bidder by submitting his Bid represents that:

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1.5.1 He has read and understands the Bidding Documents and his Bid is made in accordance therewith; and Bidder agrees to be bound by the terms and requirements set forth in the Bidding Documents, Contract Terms and Contract Documents and all applicable statutes;

1.5.2 He has visited the site, has familiarized himself with the local and job site conditions under which the Work is to be performed, and has correlated his observations with the requirements of the proposed Contract Documents;

1.5.3 His Bid is based upon the materials, systems and equipment required by the Bidding 10 Documents without exception; and

1.5.4 He has the capability, in all respects, and the moral and business integrity, reliability, technical ability, financial resources, plant, management, superintendence, equipment and materials which will assure effective and efficient good faith performance in full compliance with the Contract Documents 15 and with any and all schedules and Milestone and Completion dates, that he has made allowances for normal inclement weather indigenous to the Project Site, in his estimating, planning and scheduling of the Work. The Bidder further acknowledges that the Contract Documents are, in his opinion, appropriate and adequate for completing this project and for the construction of sound and suitable work, and that the Bid submitted is complete and covers all of the Work shown or reasonable inferred in the Contract Documents. 20 The Bidder hereby certifies that the work shall be completed, in place, in full accordance with the Contract Documents, within the time limits specified.

1.5.5 For the purposes of the value of Alternate Bid prices proposed on the bid form, the Contractor certifies that the cost proposed represents the true and accurate cost of the proposed alternate 25 work. The Alternate Bid value shown will appear on the Schedule of Values and can be used for any future change order or bond valuation adjustment based upon the scope of the work proposed within the Alternate Bid.

1.6 BID STRATEGY: 30

1.6.1 Each bid must be accompanied by a Cashier's Check or a Certified Check of the Bidder in an amount not less than ten percent (10%) of the bid, made payable to the Maricopa County Community College District; or a bidder's bond on the Bid Bond Form provided herein or on a similar form which in every respect materially complies with said Bid Bond, in the amount of ten percent (10%) his bid. For 35 purposes of this provision, the amount of the bid shall be the Base Bid plus all positive amount alternates.

The bidder's bond shall be issued by a surety company licensed to conduct business in Arizona and acceptable to the Owner.

1.6.2 Said bid security is given as a guarantee that the Bidder will enter into a contract if awarded the 40 work and, in the case of refusal or failure to so enter into said contract, the security shall be declared forfeited to the Owner. Such security shall be returned to all but the three (3) lowest Bidders within three (3) days after the opening of bids and the remaining security will be returned within forty-eight (48) hours after the Owner and the successful Bidder have executed the Contract. If no Contract has been awarded or the Bidder has not been notified of the acceptance of his bid, within sixty (60) days of the bid opening, the 45 Bidder may withdraw his bid and request the return of his bid security.

1.6.3 The surety of the bond shall be of such surety company as is approved by, and is authorized to transaction business in, the State of Arizona. Personal surety bonds are not acceptable to Maricopa County Community College District. The cost of this Bond shall be borne by the Contractor. Failure to submit the 50 required bond will be cause for rejection of the Bid.

1.7 LIQUIDATED DAMAGES:

The Successful Bidder, upon his failure or refusal to execute the Contract within ten (10) days after he has received notice of the acceptance of his bid, shall forfeit to the Owner the security deposited with his bid, as liquidated damages for such failure or refusal.

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1.8 SITE CONDITIONS AND CONDITIONS OF THE WORK:

1.8.1 Each bidder must acquaint himself thoroughly as to the character and nature of the work to be done. Each bidder furthermore must make a careful examination of the site of the work and inform himself fully as to the difficulties to be encountered in the performance of the work, the facilities for delivering, stored 5 and placing materials and equipment, delivery times for all material and equipment, and other conditions relating to construction and labor.

1.8.2 The Successful Bidder assumes all risk as to the nature and behavior of the soil or subsurface conditions which underlie the work or are adjacent thereto, or difficulties that may be due to any unfavorable 10 conditions that may be encountered in the work, which are apparent on surface inspection or shown in the geo-technical report, as may be seen or inferred from inspection of the site, or may be general knowledge within the construction community.

1.8.3 No plea of ignorance of conditions that exist or may hereafter exist on the site of the work, or 15 difficulties that may be encountered in the execution of the work, as a result of failure to make necessary investigation and examinations, will be accepted as an excuse for any failure or omission on the part of the successful Bidder to fulfill in every detail all the requirements of the Contract Documents and to complete the work for the consideration set forth therein, or as a basis for any claim whatsoever.

1.8.4 Insofar as possible, the Successful Bidder, in carrying out his work, must employ such methods or means as will not cause interruption of or interference with the work, or ongoing operations of the Owner or any separate contractor.

1.9 BIDDER'S QUESTIONS, ADDENDA AND INTERPRETATIONS: 25

1.9.1 Bidders and Sub-bidders shall promptly notify the Owner of any ambiguity, inconsistency or error which they may discover upon the examination of the Bidding and Contract Documents or of the site and location conditions. No interpretation of the meaning of the drawings, specifications or other contract documents will be made to any Bidder orally. 30

1.9.2 Every request for such interpretation must be received at least five (5) days prior to the date fixed for the opening of the bids.

1.9.3 Any and all such interpretations and any supplemental instructions will be in the form of written 35 addenda to the Bidding Documents which, if issued, will be made available for pick-up, mailed or sent via facsimile to all prospective Bidders (at the respective addresses or phone numbers furnished for such purposes). The Owner will not be responsible for any other explanations or interpretations of the proposed documents. Failure of any Bidder to receive any such addendum or interpretation shall not relieve any Bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the 40 Contract Documents.

1.9.4 If the Bidder (or any person bidding to Bidder and/or subsequently in contract with the Bidder, relating to the subject project) knows, or should have known, that an ambiguity, discrepancy, error, omission or conflicting statement exists in the Bidding or Contract Documents, said Bidder (or sub-bidder) has an 45 obligation to seek a clarification thereof from the Owner prior to bid. The Owner will welcome such a clarification request, and, if necessary, a written addendum clarifying the matter in question will be issued.

Should the Bidder fail to seek such a clarification prior to bid, Bidder thereby waives, and agrees to indemnity and hold the Owner harmless from, any claim, suit or cause or action arising out of or related to such ambiguity, discrepancy, error, omission or conflicting statement which the Bidder (and any person 50 bidding to Bidder and/or subsequently in contract with Bidder, relating to the subject project) knew or should have known existed at the time of bid.

1.9.5 Each Bidder shall ascertain prior to submitting his bid that he has received all Addenda issued, and he shall acknowledge receipt and inclusion in his proposal of all Addenda, even if the effect of Addenda 55 is no change to cost or time. Failure to acknowledge addenda on the bid form will be cause for rejection of the Bid.

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1.10 SECURITY FOR FAITHFUL PERFORMANCE:

The Successful Bidder shall furnish a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Sum as security for the faithful performance of this Contract and also a Labor and Material Payment Bond in an amount not less than one hundred percent (100%) of the Contract Sum, as 5 security for the payment of all persons performing labor and furnishing materials under this Contract. The Performance Bond and the Labor and Material Payment Bond shall be in separate instruments acceptable to the Owner not later than the date of execution of the Contract. The cost of these Bonds shall be borne by the Contractor and should be included in his bid. Bonds shall be payable to the Maricopa County Community College District. 10

1.11 TIME FOR COMPLETION AND LIQUIDATED DAMAGES FOR NON-COMPLETION

The time for completion of this Contract and liquidated damages for non-completion within the stipulated time shall be as fixed in the Owner-Contractor Agreement. 15

1.12 LOCATION OF WORK:

The site of the proposed work is on Owner property, public streets, easements and/or other right-of-ways, as shown on the drawings. 20

1.13 LIABILITY INSURANCE AND WORKMEN'S COMPENSATION:

The Successful Bidder will be required to carry public liability and workmen's compensation and other insurance in the amount and under the terms stipulated under the Contract’s General Conditions or other 25 sections of the Specifications.

1.14 BIDDERS REFERRED TO LAWS:

1.14.1 The attention of Bidders is called to the provisions of all Municipal, County and State laws, 30 regulations, ordinances and resolutions, including but not limited to the Human Rights Ordinance; the Equal Opportunity, Small and Minority Business Enterprises and the Construction Safety Resolutions; as well as laws, regulations, ordinance resolutions and permits relating to obstructing streets, maintaining signals, storing and handling of explosives, or affecting the Bidder, or his employees or his work hereunder in his relation to the Owner or any other person. The Bidder shall comply with, and require all subcontractors to 35 comply with State of Arizona and City Contractor's License Laws. Contractor shall comply with the provision of "an Act to Regulate the Business of Contracting", Title 32, Chapter 10, Arizona Revised Statutes with latest adopted revisions and "Contractor's License Laws and Regulations" dated July, 1981, published by the Arizona State Registrar of Contractors, or the latest revision thereof adopted under the provision of A.R.S. 41-2574. 40

1.14.2 The provisions of this contract shall be interpreted in accordance with the laws of Arizona and in accordance with the laws, ordinances, regulations, permits and resolutions of Maricopa County.

1.14.3 Legal Worker Requirements: Contractors are reminded that as mandated by Arizona Revised 45 Statutes § 41-4401, Maricopa is prohibited from awarding a contract to any contractor who fails, or whose subcontractors fail, to comply with the requirements to verify the employment eligibility of their employees through the Federal E-verify system. Note that this also applies to all subcontractors and sub-consultants that you may use for this work. See General Conditions and Owner-Contractor Agreement for additional detail. 50

1.15 TAXES:

All applicable Federal, State, Tribal and local Taxes shall be included in the Bidder's Base Bid proposal.

Alternate Bids shall also include all applicable taxes.

1.16 RIGHT TO REJECT BIDS:

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The Owner expressly reserves the right to reject any or all bids, to waive any informalities or irregularities in the bids received, and to accept that bid which in its judgement, best serves the interest of the Owner.

1.17 EQUAL PRODUCTS AND SUBSTITUTIONS: 5

1.17.1 Substitutions: Identification of material or equipment by manufacturer's name or trade name is not meant to give preference to any manufacturer but merely to establish a standard.

To obtain approval to use unspecified products, Bidders shall submit written requests at least eight (8) days 10 before the bid date and hour. Requests received after this time will not be considered. Requests shall clearly describe the product for which approval is asked, including data necessary to demonstrate acceptability. The Owner and Architect shall consider and either approve or reject proposals submitted and shall comply with the following requirements:

If, by the close of the fifth day prior to the deadline for receiving bids, the Owner or

Architect has approved any alternative products proposals, the Bidding Documents shall be modified to include the alternative products in an addendum issued to Prime Bidders of record at least five (5) days prior to the bid date.

1.17.2 Substitutions Prior to Bid Opening:

1. To obtain such approval on makes or brands of material other than those specified in

Contract Documents, the Bidder shall submit his requests with adequate supporting technical data, as required below, to the Architect not less than Thirty (30) days before the 25 bid opening.

2. The Bidder's request for approval of any substitution shall include:

a. Complete data substantiating compliance of the proposed substitution with the Contract 30

Documents.

b. Product identification, including manufacturer's name, address and phone number.

c. Manufacturer's literature showing complete product description, performance and test data, and all reference standards. 35

d. Samples and colors in the case of articles or products, as appropriate.

e. Name and address of similar projects on which the product was used and date of installation. 40

f. For construction methods, include a detailed description for proposed method and drawings illustrating same.

g. Itemized comparison of proposed substitution with product or method specified. 45

3. Substitution requests shall be made on the "SUBSTITUTION REQUEST FORM" included with the Bid Forms.

1.17.3 The decision of the Owner or Architect regarding the approval of items for which substitution is 50 requested will be final. In the event an approved substitution is later determined by the Owner or Design Architect to be unacceptable for any reason, including the necessity to perform extended redesign or rework of the project in order to accommodate the substitution, or if it becomes apparent to the Design Architect that the substituted item will not perform or function as well as the specified item, the Bidder will be required to furnish the original specified item or request approval to use another substitution. The Bidder will pay all 55 costs, expenses or damages associated with or related to the unacceptability of a substitution and the resultant utilization of any item. The Bidder further understands and agrees that a time extension will not be granted due to delays associated with or related to the unacceptability of a substitution.

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1.17.4 If a substitution is approved, no subsequent change in brand or make will be permitted unless satisfactory written evidence is presented to the Design Architect and approved by the Owner that the manufacturer cannot make scheduled delivery of the approved substitute item.

1.17.5 The Bidder may request approval for substitutions after award of the contract in accordance with the provisions of Section 01010 of the contract General Requirements.

1.17.6 After the Contract has been executed, a formal request for the substitution of alternate products that have not received prior approval will be considered in place of those specified only under the following 10 conditions:

1. Specified product cannot be delivered without project delay, or

2. Specified product has been discontinued, or 15

3. Specified product has been replaced by superior product, or

4. Specified product cannot be guaranteed as specified, or

5. Specified product will not fit within designated space, or

6. Substitution otherwise determined by the Owner to be in his best interest.

The request shall be accompanied by complete data on the proposed substitution substantiating compliance 25 with the Contract Documents including product identification and description, performance and test data, references and samples where applicable, and an itemized comparison of the proposed substitution with the products specified or named by addenda, with data relating to contract time schedule, design and artistic effect where applicable, and its relationship to separate contract.

The request shall be accompanied by accurate cost data on the proposed substitution in comparison with the product specified, whether or not modification of the Contract Sum is to be a consideration.

Requests for substitution after the contract has been executed, as stated above, when forwarded by the Contractor to the Consultant, are understood to mean that the Contractor: 35

1. Represents that he has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified.

2. Will provide at least the same warranty for the substitution that he would for that specified. 40

3. Certifies that the cost data presented is complete and includes all related costs under this

Contract, but excludes costs under separate contracts and the Consultant's redesign costs, and that he waives all claims for additional cost related to the substitution that subsequently become apparent. 45

4. Will coordinate the installation of the accepted substitute, making such changes as may be required for the work to be completed in all respects.

Substitutions will not be considered if: 50

1. They are indicated or implied on shop drawing submissions without the formal request required in subparagraph under SUBSTITUTIONS above.

2. For their implementation they require a substantial revision of the Contract Documents in order to 55 accommodate their use.

Substitutions, if acceptable to the Owner and Consultant, will be incorporated into the Contract Documents by means of a Change Order.

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1.17.7 All provisions herein and in the General Conditions regarding the use of said substitution shall apply to all Bidders other than the bidder who requested a particular substitution who choose to utilize said substitution.

1.18 PREPARATION AND SUBMITTAL OF FORM OF BID:

1.18.1 Bids shall be submitted utilizing the form of bid as separately attached herein, or otherwise provided with the Contract Documents, and shall be complete in every respect. The total bid amount shall be entered in words and figures in the space provided. Where applicable, the unit price or lump sum items, 10 and their extensions, shall be entered in figures in the respective columns provided for each bid item. All entries shall be typewritten or printed in ink. The signatures of all persons shall be in longhand. Any entry of amount that appears on the face of the bid to have involved an erasure, deletion, white-out and/or substitution or other such change or alternation, shall show by them the initials of the person signing bid and the date of the change or alteration. A failure to comply with this requirement may cause for disqualification 15 of the bid.

1.18.2 For Lump Sum bids, in the event of a discrepancy between the bid amount in writing and that in figures, the written value shall govern.

1.18.3 Bids shall not contain any restatement or qualifications of work or contract terms to be done, and alternate bids will not be considered unless called for. No oral, telegraphic or telephonic bids or modifications will be considered.

1.18.4 Bids shall be delivered to the Owner on or before the day and hour set for the receipt of bids, 25 enclosed in a sealed envelope and bearing the title of the work, name of Bidder and Bidder's registration number. The following Bid Forms shall be completed in their entirety:

1. Form of Proposal

2. Bid Bond 30

3. Statement of Bidders' Qualifications, when requested

4. Executive Order 2009-09

5. Non-Collusion Affidavit

1.18.5 Bid time shall be determined as the time stated, zero seconds (e.g., 2:00:00 p.m.). Bids 35 received after that time (e.g., 2:00:01 or later) are considered late and will not be accepted. Bids must be uploaded in the Bonfire Procurement Portal by the submittal time stated to be considered as being properly “received”. Bidders shall confirm the time and location of the official bid clock and coordinate their own clock or watch to assure themselves of timely delivery of the bid. Timely delivery of the bid into the Bonfire Portal prior to bid submittal time is the obligation of the Bidder. Bids not delivered per these requirements will be 40 rejected and will not be considered, even if inadvertently accepted, time stamped or read aloud at the Bid opening.

1.19 MODIFICATION OR WITHDRAWAL OF BID:

1.19.1 A Bidder may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgement mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by 50 objective evidence drawn from inspection of preparation of the bid sought to be withdrawn. The Bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure.

1.19.2 Prior to the time and date designated for receipt of bids, any bid submitted may be modified or 55 withdrawn by notice to the party receiving bids at the place designated for receipt of bids. Such notice shall be in writing over the signature of the Bidder or by telegrams; if by telegram or facsimile, written confirmation over the signature of the Bidder shall be mailed and postmarked on or before the date and time set for receipt of bids, and it shall be so worded as not to reveal the amount of the original bid.

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1.19.3 Withdrawn bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with the Information for Bidders.

1.19.4 Bid security, if any is required, shall be in an amount sufficient for the bid as modified or 5 resubmitted.

1.19.5 A decision denying withdrawal of bid pursuant to Article 1.19.1 herein shall be final and conclusive unless the Bidder appeals the decision within ten days after receipt of the decision.

1.19.6 If, upon appeal, it is determined that the decision refusing withdrawal of the bid was arbitrary or capricious, the sole relief shall be withdrawal of the bid and return of his bid security.

1.20 DETAILED BID BREAKDOWN:

If the Owner or the Architect directs, the Bidder shall provide a detailed breakdown of his bid acceptable to the Owner. In addition to verifying accounting requirements, the breakdown may be used by the Owner to determine whether the Bidder has grossly misjudged the requirements of any area. Failure to provide the requested detailed breakdown may result in rejection of the bid proposal.

1.21 AWARD OF CONTRACT:

The contract will be awarded to the lowest responsive and responsible Bidder, and whose bid is considered to be in the best interest of the Owner.

1.21.1 The Lowest Bidder is determined by the aggregate amount of the unit prices set forth in the Form of Bid or the aggregate amount of the Base Bid, plus any Alternates selected by the Owner, including sales tax for each priced item.

1.21.2 A Responsive Bidder shall mean a Bidder who has submitted a bid that conforms, in all 30 material respects, to the Bidding Documents.

1.21.3 A Responsible Bidder shall mean a Bidder who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance. In determining responsibility, the following criteria will be considered: 35

1. The ability, capacity and skill of the Bidder to perform the contract or provide the service required;

2. Whether the Bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

3. The character, integrity, reputation, judgement, experience and efficiency of the Bidder;

4. The quality of performance of previous contracts or services. For example the following information will be considered:

a. The administrative and Architect cost overruns incurred by Owners on previous contract with Bidder, 50

b. The Bidder's compliance record with contract general conditions on other projects,

c. The submittal by the Bidder of excessive and/or unsubstantiated extra cost proposals and claims on other projects, 55

d. The Bidders record for completion of the work within the Contract Time or within

Contract Milestones and Bidders compliance with scheduling and coordinating

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e. The Bidder's demonstrated cooperation with the Owner or Design Architect and other contractors on previous contracts, 5

f. Whether the work performed and materials furnished on previous contracts was in accordance with the Contract Documents;

g. Whether the Contractor has received a written Notice of potential Default for cause or 10

Termination for cause, whether or not termination or default actually occurred, on any prior District projects or projects for any other owner within the previous five years..

h. Whether the Contractor has defaulted, been terminated, or had projects taken over by the owner or surety, on any prior District projects or projects for any other owner within 15 the previous five years.

5. The previous and existing compliance by the Bidder with laws and ordinances relating to contracts or services;

6. The proposed prices bid are materially unbalanced between line items. A bid is materially unbalanced when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated and there is a reasonable doubt that the bid will result in the lowest overall cost to Owner, even though it may be the low evaluated bid. 25

7. The sufficiency of the financial resources and ability of the Bidder to perform the contract or provide the service;

8. The quality, availability and adaptability of the goods or services to the particular use 30 required;

9. The ability of the Bidder to provide future maintenance and service for the warranty period of the contract;

10. Whether the Bidder is in arrears to the Owner on debt or contract or is a defaulter on surety to the Owner;

11. Such other information as may be secured by the Owner having a bearing on the decision to award the contract, to include, but not limited to: 40

a. The ability, experience and commitment of the Bidder to properly and reasonably plan, schedule, coordinate and execute the work,

b. Whether the Bidder has ever been debarred from bidding or found ineligible for bidding 45 on any other projects, for this or other Owners.

1.21.4 The purpose of the above is to enable the Owner, in its opinion, select the bid which is in the best interests of the Owner. The ability of the low Bidder to provide the required bonds will not of itself demonstrate responsibility of the Bidder. 50

1.21.5 The Owner reserves the right to require from the Bidder: (1) submissions of references, within three (3) days of bid opening, to include a listing of previous and current projects, (2) financial statements indicating current financial status, prepared in accordance with generally accepted accounting principles, by a CPA licensed to do business in Arizona, and (3) compliance with all applicable Arizona State Statutes. 55

1.21.6 The Owner reserves the right to defer award of this contract for the period defined in the bid form after the due date of bids. During this period time, the Bidder shall guarantee the prices quoted in his bid.

00100.12

1.22 PRE-BID CONFERENCE:

A Pre-Bid meeting will be held on site. Information regarding the Time and Location will be forthcoming. All 5 Contractors and Subcontractors are encouraged to attend. Attendance will not be mandatory unless noted as such on the future communication.

1.23 COMPLIANCE WITH EXECUTIVE ORDER 2009-09:

The Contractor, to whom the contract is awarded, shall comply in full with executive order 2009-09, PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS NONDISCRIMINATION IN

EMPLOYMENT BY GOVERNMENT CONTRACTORS AND SUBCONTRACTORS

1.24 NON-COLLUSION AFFIDAVIT:

All Bidders are required to sign a non-collusion affidavit on the form provided herein and to include it in the envelope with their bid.

END OF SECTION