FRONT MATTER ii

VOLUME I

PROJECT MANUAL

MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT

2026 MCCCD

Districtwide Pavement Maintenance

Bid Number: 3608-9

CPPDS Project No. 26.2935

Chandler Gilbert Community College .................................................................................................... CGCC

Chandler Gilbert Community College @ Williams ........................................................................ CGCC@ W

District Support Services Center ............................................................................................................ DSSC

District Support Services Center @ Wood St ................................................................... DSSC @ Wood St

District Support Services Center @ Emerald Point ..................................................................... DSSC @EP

Estrella Mountain Community College .................................................................................................. EMCC

Gateway Community College ................................................................................................................ GWCC

Glendale Community College ................................................................................................................... GCC

Glendale Community College North ...................................................................................................... GCCN

Maricopa Skills Center ............................................................................................................................... MSC

Mesa Community College ......................................................................................................................... MCC

Mesa Community College at Red Mountain ................................................................................. MCC @ RM

Paradise Valley Community College ...................................................................................................... PVCC

Paradise Valley Community College at Black Mountain ........................................................... PVCC @ BM

Phoenix College ............................................................................................................................................ PC

Phoenix College @ Downtown ........................................................................................................... PC@ DT

Rio Salado College @ Avondale ........................................................................................... RSC@ Avondale

Rio Salado College @ Downtown ..................................................................................................... RSC@ 7th

Rio Salado College @ Tempe/Hohokam Building ............................................................................ RSC @T

Rio Salado College @ Northern ............................................................................................. RSC@ Northern

Rio Salado College @ Park ........................................................................................................... RSC@ Park

Rio Salado College @ Queen Creek ............................................................................... RSC@ Queen Creek

Rio Salado College @ Southern ........................................................................................... RSC@ Southern

Rio Salado College @ Sun City ....................................................................................................... RSC@ SC

Rio Salado College @ Thomas .............................................................................................. RSC @ Thomas

Scottsdale Community College ................................................................................................................. SCC

South Mountain Community College ..................................................................................................... SMCC

FRONT MATTER iii

VOLUME I

CONSULTANT

Terracon Consultants, Inc.

4685 South Ash Avenue, Suite H-4 Tempe, Arizona 85282 Jennifer Tran, P.E., Sr. Project Manager Donald R. Clark, P.E., Senior Principal Office: 480-897-8200 Mobile: 619-252-0664

MCCCD Capital Projects Planning Development & Sustainability (CPPDS)

Adrian Trujillo, Capital Project Manager Associate District Support Services Center (DSSC) 2411 West 14th Street Tempe, Arizona 85281-6941 Email: adr2167515@domail.maricopa.edu Mobile: 480-469-8361

MCCCD PURCHASING DEPARTMENT

Sarah Van Omen, Procurement Supervisor District Support Services Center (DSSC) 2411 West 14th Street Tempe, Arizona 85281-6941 Email: sarah.van.omen@domail.maricopa.edu Office: 480-731-8536

This document is Volume I of the Contract Documents.

Volume 1 consists of 4 parts:

Part 1: Information for Bidders

Part 2: Form of Proposal

Part 3: Contract Conditions

Part 4: Technical Specifications

The Plan Pages comprise Volume II of the Contract Documents.

FRONT MATTER iv

JOB SITE CONTACTS

Chandler Gilbert Community College (CGCC) Mark Flynn, Facilities Director Main Campus (CGCC-Main) office: 480-726-4140 2626 East Pecos Road email: mark.flynn@cgc.edu Chandler, Arizona 85225

CGCC-Williams (CGCC-W) 7360 East Tahoe Avenue Mesa, Arizona 85212

District Facilities (DSSC) Brian Barry, Facilities Director District Support Services Center (DSSC) office: 480-731-8840 2411 West 14th Street email: brian.barry@domail.maricopa.edu Tempe, Arizona 85281

Emerald Point (DSSC- EP) 2419 West 14th Street Tempe, Arizona 85281

Wood Street (DSSC- Wood St) 4110 East Wood Street Phoenix, Arizona 85040

Estrella Mountain Community College (EMCC) Phil Schafer, Facilities Director 3000 North Dysart Road office: 623-935-8295 Avondale, Arizona 85323 email: phillip.schafer@estrellamountain.edu

Gateway Community College (GWCC) Sandi Carretero, Facilities Director

Main Campus (GWCC-Washington) mobile: 570-994-7297 108 North 40th Street email: sandi.carretero@gatewaycc.edu Phoenix, Arizona 85034

Central City Campus (GWCC-CC) 1245 East Buckeye Road Phoenix, Arizona 85034

Glendale Community College (GCC) Marcus Reed, Facilities Director Main Campus (GCC-Main) office: 623-845-3030 6000 West Olive Avenue email: marcus.reed@gccaz.edu Glendale, Arizona 85302

Glendale Community College-North (GCCN) Jesus Ojeda, Maint. Op’s. Supv.

5727 W. Happy Valley Road email: jesus.ojeda@gccaz.edu Phoenix, Arizona 85310 623-734-2245 mailto:phillip.schafer@estrealamountain.edu

FRONT MATTER v

Mesa Community College (MCC) Sergio Ybanez, Associate Vice President Main Campus (MCC-Main) office: 480-671-7095 1833 West Southern Avenue mobile: 602-799-0859 Mesa, Arizona 85202 email: sergio.ybanez@mesacc.edu

MCC Red Mountain (MCC-RM) 7110 East McKellips Road Mesa, Arizona 85207

Paradise Valley Community College (PVCC) Mike Santina, Facilities Director Main Campus (PVCC-Main) office: 602-787-6688 18401 North 32nd Street email: michael.santina@paradisevalley.edu Phoenix, Arizona 85032

Black Mountain Campus (PVCC @ BM) 34250 North 60th Street Scottsdale, Arizona 85265

Phoenix College (PC) Joe Kovalin, Facilitiies Director Main Campus (PC-Main) office: (602) 285-7245 1202 West Thomas Road email:jose.kovalin@phoenixcollege.edu Phoenix, Arizona 85013

Phoenix College- Nursing (PC- Nursing) 3700 North 3rd Ave Phoenix, Arizona 85013

Phoenix College- Downtown (PC-DT) 640 North 1St Avenue Phoenix, Arizona 85003

Rio Salado College (RSC) Jack Gallegos, Facilities Director Rio Salado College-Tempe (RSC-T) office: 623-242-3428 2323 West 14th Street email: jack.gallegos@riosalado.edu Tempe, Arizona 85281

Hohokam Building (Hohokam) 1480 South Hohokam Drive Tempe, Arizona 85281

Rio Salado College-Park (RSC- Park) 2250 West 14th Street Tempe, Arizona 85281

FRONT MATTER vi

Rio Salado College – Northern (RSC- Northern) 1715 West Northern Avenue Phoenix, Arizona 85021

Rio Salado College- Southern (RSC- Southern) 3320 S. Price Road Tempe, Arizona 85282

Rio Salado College- Downtown (RSC - DT) 619 N. 7th Avenue Phoenix, Arizona 85007

Rio Salado College - Avondale (RSC- Avondale) 420 N. Central Avenue Avondale, Arizona 85323

Rio Salado College- Queen Creek (RSC- Queen Creek) Ellsworth & Ocotillo Road Queen Creek, Arizona 85142

Rio Salado College - Sun City (RSC - SC) 12535 West Smokey Drive Surprise, Arizona 85374

Rio Salado College – Thomas (RS - Thomas) 3631 West Thomas Road Phoenix, Arizona 85005

Scottsdale Community College (SCC) Brian Dodge, Facilities Director 9000 East Chaparral Road office: (480) 423-6046 Scottsdale, Arizona 85256 email: brian.dodge@scottsdalecc.edu

South Mountain Community College (SMCC) David Bannenberg, Facilities Director 7050 South 24th Street phone: 602-243-8062 Phoenix, Arizona 85040 email:

david.bannenberg@southmountaincc.edu

FRONT MATTER vii

TABLE OF CONTENTS

Advertisement for Bids

Calendar of Events

Part

FRONT MATTER: PROJECT INFORMATION AND CONTACTS

1. Introduction

Project Description, Estimate, Time and Schedule of Events

Instructions to Bidders

2. Contract and Proposal Forms

Form of Proposal

Executive Order 2009-09

Attachment A- Non-Collusion Affidavit form

Attachment B- Statement of Bidders Qualifications

Attachment C- Substitution Request Form

Attachment D- Bid Bond (sample)

Attachment E- Payment Bond (sample)

Attachment F- Performance Bond (sample)

Owner- Contractor Agreement

3. Supplementary Contract Conditions and

Salt River Pima - Maricopa Indian Community (SRPMIC) Requirements

4. Technical Specifications

FRONT MATTER viii

TECHNICAL SPECIFICATIONS

Section

-- Locations of Work

-- General Scope of Work

SPECIFICATIONS:

Watering

Subgrade Preparation

Untreated Base

Placement and Construction of Cement Treated Subgrade

Placement and Construction of Asphalt Concrete Pavement

Portland Cement Concrete Pavement (PCCP)

Tack Coat

Placement and Construction of Asphalt Emulsion Microsurfacing Treatment

336 Pavement Matching and Surfacing Replacement

337 Asphalt Pavement Crack Sealing and Crack Filling

340 Concrete Curb, Gutter, Sidewalk, Sidewalk Ramps

345 Adjusting Frames, Covers, Valve Boxes, and Water Boxes

350 Removal of Existing Improvements

Sprinkler Irrigation System Installation

Rock, Gravel, and Sand

Base Materials

Pavement Markings

Asphalt Concrete

Paving Asphalt

Liquid Asphalt

Emulsified Asphalt

Microsurfacing Materials

Slurry Seal Materials

Portland Cement Concrete

Geosynthethics

Pavement Sweeping

Asphalt Concrete Crack Mastic

PART 1 INFORMATION FOR BIDDERS PAGE 1

PART 1

INFORMATION FOR BIDDERS

2026 DISTRICTWIDE PAVEMENT MAINTENANCE

INVITATION FOR BID #3608-9

CPPDS PROJECT NO. 26.2935

Consultant Contacts: Ms. Jennifer K. Tran, P.E., Principal Mr. Donald R. Clark, P.E., Senior Principal

Terracon Consultants, Inc.

4685 South Ash Avenue, Suite H-4

Tempe, Arizona 85282 Phone: (480) 897-8200

Fax: (480) 897-1133

MCCCD Project Manager Mr. Adrian Trujillo, Capital Project Manager Associate Maricopa County Community College District Capital Project Planning Development & Sustainability Mobile: (480) 469-8361 Fax: (480) 731-8235

MCCCD Purchasing Buyer Sarah Van Omen Maricopa County Community College District Procurement Supervisor Phone: (480) 731-8519 Fax: (480) 731-8190

PART 1 INFORMATION FOR BIDDERS PAGE 2

PROJECT DESCRIPTION: Asphalt pavement patching, Type II microsurfacing, crack sealing, mastic sealing, category 3 crack repair, pavement marking and stenciling, and pavement sweeping at various MCCCD campuses as noted.

DATE OF FINAL COMPLETION: Monday, August 17, 2026

SCHEDULE OF EVENTS

ACTIVITY DATE

1. Release Bid Documents ....................................... ……………Tuesday, February 17, 2026

The Bid Documents include a Project Manual (Volume I) and Plans (Volume II). The Bid Documents are available only as an on-line download.

Documents are available via the MCCCD Procurement Portal:

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

2. Pre-bid Conference ............................................................. 9:30 am, March 2, 2026

A pre -bid meeting will be held on Monday, March 2, 2026, in Room 103 (Maricopa Room):

District Support Services Center 2411 West 14th Street Tempe, Arizona

3. Prior Approvals and RFI’s ............................................ 3:00 pm, Friday, March 6, 2026

Not later than 3:00pm Friday, March 6, 2026.

All requests must be submitted to the Consultant directly, not to the Owner.

3. Bids Due: Prior to 2:00:00 pm, Monday, March 23, 2026 via Electronic Bid Submission

4. Notice of Contract Award (estimated) ..................... ………..O/A Thursday, April 30, 2026

5. The Notice to Proceed and Purchase Order will be issued as soon as the contract is signed and returned, along with Bonds and Certificates of Insurance. Time is of the essence

6. Schedule for Work…………Start: On or about Friday, May 8, 2026.

Construction Duration: 13 calendar weeks Final Completion not later than Monday, August 17, 2026.

The work in this Contract must be done in a specific order to maintain, as much as possible, operation of the facilities at all times. Work at the campuses must be scheduled in coordination with the Campus Facilities Managers. There may be blackout dates, when special events or activities will take precedence over the work.

INSTRUCTIONS TO BIDDERS

PURPOSE OF BID. The Maricopa County Community Colleges District (MCCCD) is accepting sealed bids to select a Contractor to provide all materials, labor, taxes, bonds, and insurance for the following:

Project: 2026 Pavement Maintenance

At: Various MCCCD College Campus’

PART 1 INFORMATION FOR BIDDERS PAGE 3

CONTRACTS WITH MINORITY VENDORS Subcontracts or partnerships with minority or women owned firms and businesses are encouraged, but are not otherwise required.

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

MCCCD uses a portal hosted by Bonfire for accepting and evaluating proposals. Registration for a Bonfire account will be necessary to view and respond to the RFP. It shall be the responsibility of the Proposer to confirm that proposals contain all required documents and are submitted electronically through the MCCCD Procurement Portal located here:

The requested information for your Bid submittal is listed below.

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 2009-

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.

• 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 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 should include all items listed in Section 4.6:

Format and Submittal Requirements. Your proposal is available for you to edit or change any time up to the RFP submission deadline.

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

mailto:support@gobonfire.com

PART 1 INFORMATION FOR BIDDERS PAGE 4

https://bonfirehub.zendesk.com/hc

Your bid must be completed and uploaded to our site no later than 2:00 P.M. (local time), Monday, March 23, 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 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.

BID EVALUATION: This Invitation for Bids does not constitute a commitment by the District to award a contract. The District reserves the right to waive any formalities and to reject any or all bids and/or to cancel the Invitation for Bids. The award shall be made on the bid(s) that best serve the interests of the District and may not be evaluated solely on a monetary basis. No contract award shall exist until executed in writing.

QUALIFICATION OF BIDDER:

Each Bidder shall submit along with his bid a 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. Prior to Contract award or within seven (7) days of the Owner's request to do so, the successful 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.

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. 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.

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

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:

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, judgment, 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 consultant cost overruns incurred by Owners on previous contract with Bidder,

b. The Bidder's compliance record with contract general conditions on other projects, https://bonfirehub.zendesk.com/hc

PART 1 INFORMATION FOR BIDDERS PAGE 5

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

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

Contract Milestones and Bidders compliance with scheduling and coordinating requirements on other projects, including Contractor’s propensity to run significantly behind schedule for most of a project,

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

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

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 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.

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 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:

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 on any other projects, for this or other Owners.

Conditional bids will not be accepted.

REFERENCES:

PART 1 INFORMATION FOR BIDDERS PAGE 6

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. At the sole discretion of the District, a poor or bad reference(s) (whether from listed references or other owners or designers from recent work) may cause the bidder to be rejected as non-responsive. References shall be listed in ATTACHMENT "B", STATEMENT OF BIDDER'S QUALIFICATIONS, in the Form of Proposal.

PROPRIETARY INFORMATION: In the event any Bidder shall include in their bid any information deemed proprietary or protected, such information shall be separately packaged from the balance of the Bid Forms and clearly marked as to any proprietary claim. The District discourages the submission of such information and undertakes to provide no more than reasonable efforts to protect the proprietary nature of such information. The District, as a public entity, cannot and does not warrant that proprietary information will not be disclosed. The District shall have the right to use any or all information included in the bids submitted unless the information is expressly restricted by the Bidder. Pricing is not considered proprietary information.

BID FORMS: All bids must be submitted via Electronic Bid Submission. No oral, telephone, or telegraphic bids or modifications will be considered. Facsimile (fax machine) or computer data transfer submittals will not be accepted.

WITHDRAWAL OF BIDS: Any Bidder may withdraw their bid by written notification at any time prior to the deadline set for receipt of bids. No bid may be withdrawn or modified after that deadline and shall be binding upon the Bidder for a period of sixty (60) days after the bid closing date. 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 general terms and conditions of the Project Documents.

COST OF PREPARING BIDS: Any and all costs associated with the preparation of responses to this Invitation for Bids including site visits, oral presentations, and any other costs shall be entirely the responsibility of the Bidder and shall not be reimbursable in any manner by the District.

AWARD WITHOUT DISCUSSION: The District reserves the right to make an award without further discussion of the bids received. It is therefore critical that all bids be submitted initially in the most favorable terms possible, both economically and technically.

CONTRACT ASSIGNMENT: Any resultant Contract, in part or in whole, shall not be subcontracted or assigned to another Contractor without prior written permission of the appropriate District authority.

MCCCD MODIFICATION TO BIDS: Any interpretation, correction, or change of this Invitation for Bids will be made by written Addendum. Interpretations, corrections, or changes made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections, and changes. Any changes or corrections will be issued by MCCCD or their consultant. Addenda will be distributed to all who are known to have received a copy of the Bid Documents. All addenda must be acknowledged on the bid form.

BIDDER MODIFICATION: Prior to the time and date designated for receipt of bids, bids submitted early may be modified or withdrawn only by notice to MCCCD. Such notice must be received by MCCCD prior to the time designated for receipt of bids by MCCCD at the address provided herein.

ALTERNATES/SUBSTITUTIONS: Except as mentioned below, any manufacturer's name, trade name or model number shown are for the purpose of establishing minimum levels regarding capability, quality, and function. Whenever such a brand name is shown, it is understood to mean OR ACCEPTABLE ALTERNATE.

Bids will be considered for brand names meeting the minimum levels with the following stipulations: Alternate materials accompanied by full descriptive literature must be submitted for prior approval at least eight (8) calendar days prior to bid. Only materials which are specified or receive prior approval may be used in this work. Please use the Substitution Request Form "Attachment C" when submitting for prior approvals.

The Owner will make the sole determination as to the suitability of the alternate item bid with regard to compliance with minimum performance levels, characteristics, or features which may affect minimum levels, and budgetary considerations.

PART 1 INFORMATION FOR BIDDERS PAGE 7

BID SECURITY: Bid security shall be made payable to: Maricopa County Community College District, in the amount of ten percent (10%) of the total amount of the Contract. Security shall be either certified check or bid bond issued by a surety company licensed to conduct business in the State of Arizona. The successful Bidder's security shall be retained until the Contract is signed and the required Performance and Payment Bonds have been furnished. If any Bidder refuses to enter into a Contract, the District will retain the Bid Security as liquidated damages but not as a penalty.

PERFORMANCE AND PAYMENT BONDS: 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 a security for the payment of all persons performing labor and furnishing materials for this Contract. The cost of these Bonds shall be borne by the Contractor and the amount shall be included in the bid proposal price. Bonds shall be made payable to Maricopa County Community College District.

GENERAL TERMS AND CONDITIONS

The following General Conditions constitute the provisions of the agreement to be executed between the District and the successful Bidder. The District reserves the right to negotiate with the successful Bidder and modify any of the provisions of the agreement prior to execution.

PARTIES TO AGREEMENT: The Contract shall be between the Maricopa County Community College District, hereafter referred to as District, and the successful Bidder, hereafter referred to as Contractor.

LIABILITY FOR TAXES: The Contractor assumes complete liability for all taxes applicable to the operations, income, and transactions of the Contractor. The District/Institution shall not be liable for, and will not make reimbursement to the Contractor, any tax imposed either directly or indirectly upon the Contractor by any authority by reason of the Contract or otherwise.

FEDERAL EXCISE TAX: The Maricopa County Community College District is exempt from Federal Excise Tax.

USE TAX: The Maricopa County Community College District pays out-of-state Use Tax directly to the State of Arizona.

CATASTROPHES: If, because of riots, war, public emergency or calamity, fire, earthquake, act of God, government restriction, labor disturbance or strike, business operations at the Institution are interrupted or stopped, performance of this Contract, with the exception of moneys already due and owing, shall be suspended and excused to the extent commensurate with such interfering occurrence; and the expiration date of this Contract may by mutual agreement of `both parties be extended for a period of time equal to the time that such default in performance is excused.

PERMITS, LICENSES AND BONDING: The Contractor shall be financially responsible for obtaining all required permits, licenses, and bonding to comply with all pertinent municipal, county, state and federal laws, and assume liability for all applicable taxes including, but not restricted to, sales and personal property taxes.

Each bidder shall be an Arizona licensed Contractor and be appropriately licensed 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 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 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

PART 1 INFORMATION FOR BIDDERS PAGE 8

ceiling tile throughout a large area when only a small portion was needed in the immediate area of a small replacement air handler, etc.)

Other than for Scottsdale Community College, no municipal building permit is required for construction work on District Property.

Scottsdale Community College. Scottsdale Community College falls under the jurisdiction of the Salt River Pima Maricopa Indian Community (SRPMIC). The SRPMIC also has specific tax, business license and other requirements of contractors. Please contact SRPMIC to ascertain all of the costs and requirements for work in the Community. See the separate specification section listing these requirements.

PROVISION OF SUPPLIES, MATERIALS AND LABOR: The Contractor shall furnish all supplies, transportation, equipment, and all management and labor necessary for the efficient and sound provision of the products and installation services included in this Contract, subsequent extensions, and amendments.

NON-DISCRIMINATION: In connection with the performance of work under this Contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, sex, physical condition, developmental disability, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor further agrees to take affirmative action to insure equal employment opportunities for persons with disabilities.

COMPLIANCE WITH LAWS: The Contractor shall at all times comply with the Federal Immigration Reform and Control Act of 1986 (and by any subsequent amendments thereto) and shall indemnify and hold harmless the District from any and all costs or expenses whatsoever arising out of the Contractor's compliance or noncompliance therewith.

LEGAL WORKER REQUIREMENTS: Contractors are reminded that as mandated by Arizona Revised 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 Maricopa agreements for this proposed work for additional detail.

NON-COLLUSION: MCCCD encourages free and open competition. Whenever possible, specifications, bid invitations and conditions are designed to accomplish this objective, consistent with the necessity to satisfy MCCCD's needs and the accomplishment of a sound economical operation.

The Bidder's signature on this Bid, including Attachment "A", guarantees that the prices offered have been established without collusion with other eligible Bidders and without effort to preclude MCCCD from obtaining the lowest possible competitive price. The award will be made to the responsible offeror whose bid is determined to be the most advantageous to MCCCD based on the evaluation factors in this Invitation for Bid.

Attachment “A” must be included with the bid package.

CONTRACT TERMINATION: In addition to the termination considerations shown the in Contract Conditions, The following conditions describe the possible options which may predicate a termination of the Contract:

Termination by the District: The District may terminate this Contract for neglect as determined by the District which shall consider such items as: insufficient insurance coverage, failure to provide required periodical statements or payments due on or before the fifteenth day of each month, failure to enforce required standards of sanitation, failure to keep wage payments to employees current, or quality of service deemed unsatisfactory to the District. This may include any cessation or diminution of service included, but not limited to, failure to maintain adequate personnel, whether arising form labor disputes, or otherwise or any substantial change in ownership or proprietorship of the Contractor who in the opinion of the District is not in its best interest or failure to comply with the terms of this Contract. The District shall provide ten (10) calendar days written notice of contract neglect, and unless within ten (10) calendar days such neglect has

PART 1 INFORMATION FOR BIDDERS PAGE 9

ceased, and arrangements made to correct, the District may terminate the Contract by giving ten(10) days notice in writing by registered or certified mail of its intention to cancel this Contract.

Termination by Contractor: Should the Institution breach any terms or provisions of this Contract, the Contractor shall serve written notice on the Institution setting forth the alleged breach and demanding compliance with the Contract. Unless within ten (10) calendar days after receiving such notice, the allegation shall be contested or such breach shall cease and arrangements made for corrections, the Contractor may terminate the Contract by giving ten (10) days notice in writing by registered or certified mail of its intention to cancel this Contract.

LIQUIDATED DAMAGES: Should the Contractor fail to substantially complete the Work on or before the date stipulated for Substantial Completion ( or such later date as may result from extension of time granted by Owner), he shall pay the Owner, as liquidated damages, the sum as shown on the Owner-Contractor Agreement for each consecutive calendar day that terms of the Contract remain unfulfilled beyond the date allowed by the Contract, which sum is agreed upon as a reasonable and proper measure of damages which the Owner will sustain per day by failure of the Contractor to complete the work within the stipulated time period; it being recognized by the Owner and the Contractor that the injury to the Owner which could result from a failure of the Contractor to complete on schedule is uncertain and cannot be computed exactly. In no way shall costs for liquidated damages be construed as a penalty on the Contractor.

INSURANCE REQUIREMENTS: Without limiting any of their obligations or liabilities, the Contractor, at Contractor’s own expense, shall purchase and maintain for the duration of this Contract the hereafter stipulated minimum insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, employees, or subcontractors. Such insurance shall be with companies duly licensed or approved unlicensed to do business in the State of Arizona with policies and forms satisfactory to the Maricopa County Community College District (MCCCD). Each insurer shall have a current Best rating of not less than A: VII. Use of alternative insurers requires prior approval of MCCCD. Contractor shall include all subcontractors as insured’s under its policies or shall furnish separate certificates of insurance and endorsements for each subcontractor. All coverage’s for subcontractors shall be subject to all of the insurance requirements stated herein.

To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the Maricopa County Community College District, its agents, representatives, officers, directors, officials and employees relating to, arising out of, resulting from or alleged to have resulted from the performance of the Work.

Contractor’s duty to defend, indemnify and hold harmless the Maricopa County Community College District, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense (including but not limited to attorney’s fees, court costs and the cost of appellate proceedings) that is attributable to personal or bodily injury, sickness, disease, death, injury to, impairment or destruction of property including loss of use resulting there from, caused by any act or omission caused by the sole or partial negligence of the Contractor, subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable.

The insurance policies, except Workers’ Compensation, required by this Contract, shall name MCCCD, its agents, representatives, officers, directors, officials, employees, volunteers, and consultants as Additional Insured, and shall specify that insurance afforded the Contractor shall be primary insurance, and that any insurance coverage carried by the entity or its employees shall be excess coverage, and not contributory coverage to that provided by the Contractor. The Commercial General Liability additional insured endorsement will be at least as broad as the Insurance Service Office, Inc.’s Additional Insured, Form B, CG 20101185, or any replacements thereof.

The MCCCD and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents, and employees, each of the other, and (2) the Consultant, Consultant’s sub-consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by Builder’s Risk insurance applicable to the Work, except such rights as they have to proceeds of such

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insurance held by the MCCCD or Contractor as fiduciary. The MCCCD or Contractor, as appropriate, shall require of the Consultant, Consultant’s sub-consultants, separate contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. The coverage’s shall contain no special limitations on the scope of protection afforded to MCCCD, its agents, representatives, officers, directors, officials, employees, and volunteers.

All insurance policies required herein shall be maintained in full force and effect until all Work required to be performed under the terms of the Contract is satisfactorily completed and formally accepted; failure to do so may constitute a material breach of this Contract upon which MCCCD may immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by MCCCD shall be repaid by Contractor to the MCCCD upon demand, or MCCCD may offset the cost of the premiums against any monies due to the Contractor from MCCCD. Costs for coverage’s maintained by Contractor in excess of those required shall not be charged to the MCCCD without prior written approval of MCCCD.

The Contractor’s insurance shall be primary insurance as respect MCCCD, and any insurance or self insurance maintained by MCCCD shall be excess of the Contractor’s and shall not contribute to it. Any failure to comply with the claim reporting provisions of the policies or any breach of a policy warranty shall not affect coverage afforded under the policy to protect MCCCD.

The policies may provide coverage that contains deductible or self-insured retentions. Such deductible and/or self insured retentions shall not be applicable with respect to the coverage provided to MCCCD under such policies. The Contractor shall be solely responsible for deductibles and/or self-insured retentions and MCCCD, at its option, may require the Contractor to secure the payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. (However, evidence of qualified self-insured status will satisfy this agreement.) The insurance policies that contain deductibles or self-insured retentions in excess of $100,000 per occurrence shall not be acceptable without the prior approval of MCCCD.

MCCCD reserves the right to request and to receive, within 10 working days, complete certified copies of any or all of the policies and/or endorsements. MCCCD shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed waiver of, MCCCD’s right to insist on, and strict fulfillment of Contractor’s obligations under this Contract.

At the execution of this Contract, Contractor shall furnish the MCCCD Risk Manager with Certificates of Insurance, or formal endorsements as required by the Contract, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage’s, conditions, and limits required by this Contract are in full force and effect. Such Certificates and endorsements shall identify the Contract or Project. Each insurance policy required by this Contract shall be endorsed to state the coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the MCCCD Risk Manager.

Such notice shall be sent directly to:

Sarah Van Omen, Procurement Supervisor MCCCD Purchasing Department 2411 W. 14th Street Tempe, AZ 85281

The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by

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the MCCCD before work commences. In the event any insurance policy(ies) required by this Contract is(are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of the Contractor’s work or services and as evidenced by annual certificates of insurance. If a policy expires during the life of the Contract, a renewal certificate must be sent to MCCCD thirty (30) days prior to the expiration date.

If the MCCCD finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion, such occupancy shall not commence prior to a time mutually determined by the Contractor and MCCCD. The Project insurance shall not be cancelled or lapsed on account of such partial occupancy. If the insurance company or insurance companies require notification of such occupancy, it is the responsibility of the Contractor to fulfill the terms and conditions of the insurance contract(s). If MCCCD supplied materials, furniture, or equipment are placed in the Project prior to Substantial Completion, the Contractor shall obtain permission of his insurer and provide additional coverage for these items until Substantial Completion is achieved. Consent to such early occupancy shall not be unreasonable withheld by the Contractor.

REQUIRED COVERAGES

Commercial General Liability

Contractor shall maintain Commercial General Liability insurance with an unimpaired limit of liability of not less than $5,000,000 for each occurrence with a $5,000,000 Products and Completed Operations Aggregate and a $5,000,000 General Aggregate Limit. The general aggregate limit shall apply separately to the Work under this Contract or the general aggregate shall be twice the required per occurrence limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products/completed operations, and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Contract, which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 000211093 or any replacement thereof. The coverage shall not exclude XCU.

Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, or any provision that would serve to limit third party over claims.

The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.’s Additional Insured, Form B, CG20101185, and shall include coverage for Contractor’s operations and products and completed operations.

The Sub-Contractor subletting any part of the work, services, or operations awarded to the Contractor shall purchase and maintain all coverages required of the General Contractor.

Builders’ Risk (NOT REQUIRED IF PROJECT IS 100% SITEWORK and NO WORK OCCURS WITHIN ANY

BUILDING)

Contractor shall purchase and maintain Builders’ Risk Insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis. Such Builders’ Risk insurance shall be maintained until final payment has been made or until no person or entity other than the MCCCD has an insurable interest in the property required to be covered, whichever is earlier.

This insurance shall include interests of the MCCCD, the Contractor, Subcontractors and Sub-subcontractors in the Work during the life of the Contract and course of construction, and shall continue until the Work is completed and accepted by the MCCCD. For new construction projects, the Contractor agrees to assume full responsibility for loss or damage to the Work being performed and the buildings under construction. For renovation construction projects, the Contractor agrees to assume responsibility for loss or damage to the Work being performed at least up to the full Contract Amount, unless otherwise required by the Contract Documents or amendments thereto.

Builders’ Risk Insurance shall be on an all-risk policy form and shall also cover false work and temporary buildings and shall insure against risks of direct physical loss or damages from external causes including flood and earthquake debris removal, demolition occasioned by enforcement of any applicable legal

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requirements, and shall cover reasonable compensation for Architect’s service and expenses required as a result of such insured loss and other “soft costs” as required by the Contract.

Builders’ Risk Insurance must provide coverage from the time any covered property becomes Contractor’s responsibility, and continuing without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, and while on the construction site awaiting installation. The policy will provide coverage while the covered premises or any part thereof are occupied. Builders’ Risk Insurance shall be primary and not contributory.

If the Contract requires testing of equipment or other similar operations, at the option of MCCCD, the Contractor will be responsible for providing proper insurance for these exposures under a Boiler & Machinery policy.

Automobile Liability

Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than…