CMAR_for_Waddell_Road_Improvements.pdf

REQUEST FOR QUALIFICATIONS

CMAR FOR WADDELL ROAD IMPROVEMENTS

The City of Surprise, Arizona

Project ID: 327129/P65020

RELEASE DATE: November 5, 2026 DEADLINE FOR QUESTIONS: November 25, 2026

RESPONSE DEADLINE: December 3, 2026, 11:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

CMAR for Waddell Road Improvements

I. Legal Notice II. Introduction

III. Instructions to Offerors IV. Scope of Work V. Evaluation Phases

VI. Standard Terms and Conditions VII. Special Terms and Conditions

VIII. Preconstruction Terms and Conditions IX. Construction Terms and Conditions X. Vendor Response

City of Surprise, AZ

1 Legal Notice

1.1 Notice

The City of Surprise is accepting Statement of Qualifications (SOQ) from qualified firms to provide Construction Manager at Risk ("CMAR") services for Waddell Road Improvements ("Project"). The CMAR will work with the City's project team, made up of City Staff and the Design Team to provide the Pre-Construction Services and Complete Construction Services. The CMAR will be evaluated through a qualifications-based selection process.

In accordance with the City Procurement Code, competitive sealed SOQs will be received by the City Procurement Division via the City's e-Procurement Portal, OpenGov (https://secure.procurenow.com/portal/surpriseaz) until the date and time cited in this document. Proposals must be in the actual possession of the Procurement Division on or prior to the exact date and time indicated within this solicitation. Late responses will not be considered.

Offerors must carefully read the entire RFQu package.

Information regarding the requirements of this RFQu as well as the entire information package can be downloaded from the City’s e-Procurement Portal.

The City shall not be held responsible for any oral instructions or formal documentation of any information exchange during a pre-proposal meeting. Any changes to this Request for Qualifications will be in the form of a published amendment. All technical questions regarding this Request for Qualifications must be submitted in writing via the City's e-Procurement Portal.

Please reference 327129/P65020, Procurement Officer in all your communications to the City.

Anita Dandurand Procurement Officer

Publication: AZ Business Gazette and City of Surprise website:

https://www.surpriseaz.gov/bids.aspx Date(s): Thursday, November 5, 2026 and Thursday November 12, 2026.

1.2 Separate Contracts for Preconstruction Services, Construction Services, and/or Construction

Pursuant to Arizona Revised Statutes, Title 34, the City of Surprise shall procure a single contract for construction-manager-at-risk construction services. However, the City may elect separate contracts for preconstruction services during the design phase, for construction during the construction phase and for any other construction services.

https://secure.procurenow.com/portal/surpriseaz

The Offeror understands and acknowledges that the City may elect separate contracts for preconstruction services during the design phase, for construction during the construction phase and for any other construction services. The City makes no guarantees that an awarded entity for preconstruction services will be the same as the awarded entity for construction or construction services. The City reserves the right to terminate any Contract under which a single Contract was awarded for preconstruction services, construction services, and/or construction should the City elect separate contracts for preconstruction services during the design phase, for construction during the construction phase and for any other construction services. Under such circumstances, the Contractor awarded a Contract for preconstruction services during the design phase shall be paid for all undisputed services performed up to the termination date.

2 Introduction

2.1 Summary

The City is accepting Statements of Qualifications (SOQ) from experienced and qualified firms to provide the Construction Manager at Risk (CMAR) services to construct roadway improvements to Waddell Road - Waddell Road from Cotton Lane to 175th Avenue in Surprise, Arizona. The Waddell Road Improvements Project will include Roadway Design, Curb, Gutter and Sidewalks, two 12-foot travel lanes in each direction, Two-way left turn land/raised median and bike lanes, sewer, drainage, streetlights, traffic signals and conduits, irrigation relocation, dry utilities, wet utilities, and landscaping.

2.2 Contact Information

Project Contact:

Anita Dandurand Procurement Officer 16000 N. Civic Center Plaza Surprise, AZ 85374 Email: anita.dandurand@surpriseaz.gov Phone: (623) 222-1854 Procurement Contact:

Anita Dandurand Procurement Officer 16000 N. Civic Center Plaza Surprise, AZ 85374 Email: anita.dandurand@surpriseaz.gov Phone: (623) 222-1854 Department:

Procurement

2.3 Timeline

Release RFQu Date November 5, 2026

Optional Pre-Submittal Meeting (Non- Mandatory)

November 19, 2026, 10:00am https://teams.microsoft.com/meet/295069969 825842?p=G92Z0CnUj0wt2ohdjC

Final Date/Time for Questions November 25, 2026, 4:00pm

RFQu Due Date/Time December 3, 2026, 11:00am mailto:anita.dandurand@surpriseaz.gov tel:(623)222-1854 mailto:anita.dandurand@surpriseaz.gov tel:(623)222-1854 https://teams.microsoft.com/meet/295069969825842?p=G92Z0CnUj0wt2ohdjC https://teams.microsoft.com/meet/295069969825842?p=G92Z0CnUj0wt2ohdjC

Estimated Short List Notification December 22, 2026

Anticipated Contract Award January 29, 2027

3 Instructions to Offerors

3.1 OFFER SUBMISSION, DUE DATE AND TIME

SOQs in response to this solicitation shall be submitted via the City’s e-Procurement Portal, OpenGov to be received no later than Thursday, December 3, 2026 at 11:00 am.

3.2 PREPARATION OF SOQ

A. All SOQs must be on the forms provided in this Request for Qualifications package. It is permissible to copy these forms if required. Faxed or e-mailed responses will not be considered.

B. The Offer Form must be submitted via the City's e-Procurement Portal with a signature by a person authorized to sign the offer.

C. Periods of time, stated as a number of days, will be calendar days.

D. It is the responsibility of all prospective offerors to examine the entire Request for

Qualifications package and seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a SOQ. Negligence in preparing a SOQ confers no right of withdrawal after SOQ due date and time.

3.3 VENDOR RESPONSE

The vendor's response shall be submitted via the City’s e-Procurement Portal. The SOQ is limited to a maximum of ten (10) pages in length, excluding the Offer page, Cover Letter, Past Performance Verification Exhibits, and any other required forms. Adherence to the maximum page criteria is critical; each page side with evaluation criteria information will be counted.

Detailed written responses shall be on 8 ½” x 11” paper excluding any attached maps or schedules, using font no smaller than 11 point and printed on one side. Pages that have photos, charts, graphs or criteria information will be counted towards the maximum number of pages.

Supplemental Resumes are not allowed and will be counted towards the page limit. The vendor response shall be submitted with the following sections:

A. Offer Form

The first section of the SOQ shall contain the Offer Form. The Offer Form shall be signed by an authorized representative of the company such as the owner, partner, or in the case of a corporation, the President, Vice President, Secretary, or other corporate officer(s) that is permitted to contract on behalf of the organization.

B. Cover Letter

Provide an identification of Offeror including name, address, telephone number, and email address. Submit a brief introduction of your interest in this project.

C. SOQ Response ten (10) Maximum Pages

The SOQ response should address the following evaluation criteria.

1. General Information:

Provide a brief but narrative response to the following questions for the firm's information.

a.) Provide a general description of the firm / team that is proposing to provide the pre-construction services and general construction services described herein.

Explain the legal organization of the proposed firm or team. Provide an organization chart showing key personnel. List the names of the key persons who will be providing the services describing the services each will provide.

b.) List the Arizona professional and Arizona Registrar of Contractors (ROC) licenses held by the firm and/or individuals who will be assigned to this project. Provide the license numbers and expiration dates, if applicable. The Offeror may not need to be licensed, but the person or firm actually performing construction services on behalf of the Offeror must be currently, and have been for at least one year immediately prior, a licensed general contractor in the State of Arizona or required to show proof from a different state.

c.) Identify any contract or subcontract held by the firm or officers of the firm, which has been terminated within the last five years. Identify any claims arising from a contract which resulted in a formal claim being filed with a public entity pursuant to A.R.S. 12-821.01 or has resulted in litigation or arbitration within the last five years.

Briefly describe the circumstances and the outcomes.

2. Experience of the Team:

Identify at least three comparable projects in which the firm served as either Construction Manager at Risk, agency Construction Manager during design and construction phases (with or without providing construction services), and/or General Contractor. For each comparable project identified, provide:

a.) Description of project.

b.) Role of the firm (specify whether Construction Manager at Risk, Construction Manager or General Contractor). If CMAR or General Contractor, identify the percent of work self-performed. Also specify services provided during design phase, (cost of estimating, scheduling, value engineering, etc.)

c.) Project’s original contracted construction cost and final construction cost; explain any over-runs.

d.) Construction dates.

e.) Project Owner.

f.) Reference information (two names with telephone numbers per project).

g.) Identify the location of the firm’s principal office, and percent of the work expected to be done locally for all three projects. List of all the City of Surprise projects where the firm provided either design services, agency construction management or general construction services in the last five years either completed or ongoing. Submit copies of a Critical Path Method (CPM) or Construction Progress Schedule (both the baseline schedule and the final completed schedule) for a single previous similar project. (CPM or Construction Progress Schedules will not be counted towards the page limit).

3. Key Personnel Experience:

Provide a brief but narrative response to the following questions for each key person identified:

a.) List at least two comparable projects in which they have played a primary role. If a project selected for a key person is the same as one selected for the firm, provide just the project name and role of the key person.

b.) Reference information (two names with telephone numbers per project).

c.) Identify the home office location of key staff on this project, their length of time with the firm, and the percent of their work expected to be done locally.

d.) List any proposed consultants, including key staff names and the experience and qualifications of these individuals.

For other projects provide:

i.) Description of project.

ii.) Role of the person and length of employment with the Firm.

iii.) Project’s original contracted construction cost and final construction cost;

explain any over-runs.

iv.) Construction dates.

v.) Project Owner.

4. Project Understanding & Approach:

Provide a brief but detailed response to the following questions of your firm's project understanding and the approach to provide the Services resultant of a contract award.

a.) Describe your firm’s project management approach and team organization during pre-construction and construction phase services.

b.) Discuss the major issues your team has identified on this project and how you intend to address those issues.

c.) Describe systems used for planning, scheduling, estimating and managing construction. Briefly describe the firm’s experience on quality control, dispute resolution, and safety management.

5. Subcontractor Selection Plan:

Responses shall include the firm’s proposed subcontractor selection plan. The proposed subcontractor selection plan must provide for the selection of subcontractors based on qualifications alone or on a combination of qualifications and price and shall not select subcontractors based on price alone.

6. Past Performance:

City desires to receive feedback on past performance of your projects. Provide a copy of the attached Past Performance Verification form (PPVF) to Public/Private Agencies, for which you have substantially completed similar work; to fill out a copy of the PPVF for three (3) similar projects. Provide this form to the Owner, or Owner’s representative, directly responsible for oversight of the project to complete and submit these forms with your SOQ submission through the City's e-Procurement Portal. If your firm has completed previous similar work for the City of Surprise, it is recommended that you utilize this experience. If your firm has not completed prior projects with the City, you will not be penalized.

Points for PPVF may be deducted for the following reasons:

o If a project submitted is not substantially complete.

o If the firm submitting was not the prime consultant.

o If the person responding was not directly responsible for project oversight.

7. Additional Requirements:

These additional requirements shall be submitted in the Vendor Response section.

o Executed Offer Form o Executed Affidavit of Non-Collusion - Notarized o Executed Immigration Warranty o Executed Certificate of Insurability Statement o Terms & Conditions Exceptions o License Requirements (Register of Contractor's License, Professional Licenses/Certifications) o MBWE/Local Vendor o Compliance with A.R.S. § 35-393.01 o Signed W-9 o Compliance with A.R.S. § 35-394 o Company Bonding Capacity ((Must provide a letter from a surety company stating that the Offeror can meet all bonding requirements) o Able to obtain current City of Surprise Transaction Privilege Tax License.

o Additional Requirements/Confirmations (as applicable)

Failure to provide all documents or follow the provided order in your SOQ may result in your submittal being deemed non-responsive.

The City of Surprise reserves the right to retain all SOQs submitted and to use any ideas in a SOQ regardless of whether the SOQ is selected. Submission of a SOQ indicates acceptance by the firm of the conditions contained in this Request for Qualifications, unless clearly and specifically noted in the SOQ submitted, and confirmed in the contract between the City of Surprise and the firm selected.

3.4 INQUIRIES

Any question related to the Request for Qualifications must be submitted in writing through the OpenGov Question/Answer Section via the City's e-Procurement portal, on or before, Wednesday, November 25, 2026 by 4:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to Offeror(s) following this solicitation on the City's e-Procurement Portal.

3.5 PRESUBMITTAL MEETING

A presubmittal meeting may be held. If scheduled, the date and time of this conference will be indicated on the cover page of this document. The purpose of this conference will be to clarify the contents of this Request for Qualifications in order to prevent any misunderstanding of the City’s position. Any doubt as to the requirements of this Request for Qualifications or any apparent omission or discrepancy should be presented to the City. The City will then determine if any action is necessary and may issue a written amendment to the Request for Qualifications.

Oral statements or instructions will not constitute an amendment to this Request for Qualifications.

3.6 LATE SOQs

Late proposals will not be considered.

3.7 WITHDRAWAL OF SOQ

At any time prior to the specified SOQ due date and time, SOQs may be withdrawn through the City's e-Procurement Portal, the responding firm may withdraw their SOQ in OpenGov. After withdrawing a previously submitted SOQ, the responding firm may submit another SOQ at any time up to the deadline for submitting SOQs prior to the proposal opening.

3.8 AMENDMENT OF RFQu

Any addenda shall be posted on the City's e-Procurement Portal and must be acknowledged by the offeror. Addenda notifications will be emailed to all persons on record following this RFQu.

Failure of any offeror to receive any such addenda or interpretation shall not relieve such offeror from any obligation under their SOQ as submitted. All addenda issued shall become part of the contract documents.

3.9 RESPONSIVE OFFEROR

An Offeror determined by the Procurement Manager to have submitted an SOQ that conforms in all material respects to the requirements of the RFQu documents.

3.10 RESPONSIBLE OFFEROR

An Offeror is determined by the Procurement Manager to have the following qualities:

A. The ability, capacity, experience and skill to provide the Goods and/or Services in accordance with RFQu specifications;

B. The ability to provide the Goods and/or Services promptly, or within the time specified, without delay or interference;

C. The equipment, facilities and resources of such capacity and location to enable the Offeror to provide the Goods and/or Services;

D. The ability to provide future maintenance, repair, parts and service for the use of the Goods and/or Services purchased, if applicable;

E. The quality and adaptability of the Goods and/or Services required or necessary to the particular use;

F. The financial resources to perform the Contract.

3.11 SOQ EVALUATION

Selection Committee: A Selection Committee will evaluate the Statements of Qualifications and may develop a short list of up to three (3) but no more than five (5) firms based on total average ranked scores. The criteria to be used to determine the order of firms on the final list are set forth in Evaluation Criteria.

During the evaluation process and at the discretion of the City of Surprise, firms submitting SOQs may be requested to take part in interviews as part of the evaluation process. If interviews are conducted, the Evaluation Committee will determine the Offerors best suited to meet the needs of the City based on the average ranked scoring of the evaluation criteria. These Offerors will form the “Offeror Short List” that may be invited for interviews.

Interviews would be conducted at City offices. Time limitations and presentation requirements will be provided with the “Offeror Short List” notification. Each Evaluation Committee member will score each interview. Average ranked interview scores will be the sole determining factor for selection. In the event of a tie of the average ranked interview scores, total points from the interviews will be utilized as a tie-breaker. If a tie still exists, total points for the interview and SOQ scores will be used as the tie breaker.

The City may elect, at its sole option, not to conduct interviews with Offerors and will select the Final List based upon the average ranked scoring of the SOQs.

3.12 KEY PERSONNEL

The Firm shall ensure that Key Personnel identified in its SOQ shall be the Key Personnel assigned to the Project. Such Key Personnel shall not be replaced without prior written acceptance of City.

Unauthorized replacements will result in disqualification of the proposal or breach of the Contract.

3.13 EVALUATION CRITERIA

The following evaluation factors are listed in descending order of importance. Topics should be addressed in the following order for ease of evaluator interpretation and evaluation. The committee will evaluate and rank the offers, based on the following criteria & points located in Section Evaluation Phases:

• General Information: 5 Points

• Proposed Team Experience: 20 Points

• Key Personnel Experience: 20 Points

• Project Understanding & Approach: 30 Points

• Subcontractor Selection Plan: 15 Points

• Past Performance Verification: 10 Points

Total Points: 100 Points

3.14 AWARD OF CONTRACT

A. A response to a Request for Qualifications is an offer to contract with the City based upon the terms, conditions and specifications contained in the City’s Request for Qualifications and the written amendments thereto, if any. Upon completion of the final rankings, Surprise will enter into negotiations with the highest total average ranked firm for a contract for the Project. If a contract cannot be successfully negotiated with the highest total average ranked firm, then negotiations will be terminated with that firm and Surprise will enter into negotiations with the next highest total average ranked firm until an agreement is reached or an impasse is declared.

https://secure.procurenow.com/portal/surpriseaz/projects/306726/document?section=2942639

B. Notwithstanding any other provision of this Request for Qualifications, The City expressly reserves the right to:

1. Waive any immaterial defect or informality;

2. Reject any or all SOQs, or portions thereof; and/or

3. Reissue a Request for Qualifications.

3.15 DISCUSSIONS

In accordance with the City of Surprise Procurement Code, after the initial receipt of SOQs, discussions may be conducted with Offerors who submit SOQs determined to be reasonably susceptible of being selected for award. City reserves the right to request additional information and/or clarifications from any or all Respondents to this RFQu.

3.16 PROTESTS

Firms wishing to protest a disqualification or a procurement outcome may file a protest pursuant to Guideline 1501 - Bid Protests of the City's Procurement Guidelines, available up request to the City of Surprise Procurement Division. Protests must be filed with the City of Surprise Procurement Office either within 14 days of the Notice of Intent to Award or 10 days after the procurement file is made available for public inspection, whichever is later.

4 Scope of Work

4.1 PROJECT OVERVIEW

The intent of the City is to award a single contract for the Construction Manager at Risk (“CMAR”) for the construction of Waddell Road Improvements, Waddell Road from Cotton Lane to 175th Avenue located in Surprise, Arizona. The CMAR will be responsible for providing the pre-construction and complete construction services. The City has awarded Kimley-Horn under a separate contract to complete the preliminary design services. All construction services are pursuant to A.R.S. 34-601 et seq.

Additional specifications/scope for this project can be found under Attachments.

4.2 SCOPE OF WORK

The Construction Manager at Risk (“CMAR”) will provide pre-construction management services during the design phase of the project and may serve as the General Contractor for the construction of the project.

The CMAR team will be required to closely work together with all involved parties. The design and construction teams will be responsible to define, monitor, and stay within the project budget and schedule. The budget is set for this project and additional funds are not available. The CMAR contractor for the project will ensure the team is adhering to the project schedule and will be responsible to provide repetitive cost and constructability alternatives throughout the pre-construction and construction process.

The CMAR services will be performed in two phases as follows:

4.3 PRECONSTRUCTION SERVICES (PHASE 1)

The first phase of the project is the pre-construction services for the preparation, and submission of Guaranteed Maximum Price (GMP) including the procurement of any long lead items. Phase 1 may include the following preconstruction activities:

A. Team Building/Partnering B. Management Plans C. Value Analysis/Engineering D. Constructability reviews including identification of plan/specification, conflicts, errors and omissions E. Cost Model/Budget F. Phasing Analysis/Sequencing/Construction Schedule https://secure.procurenow.com/portal/surpriseaz/projects/306726?section=undefined

G. Estimating Price/GMP H. Building Code/Permitting Analysis I. Utility coordination with providers and existing infrastructure J. Bid package strategy (subcontracting, SBE compliance) K. Identification of specialized material and ordering of long lead time materials L. Integration of means, methods and materials in relation to general, sustainable development.

4.4 CONSTRUCTION SERVICES (PHASE 2)

The second phase of the project is the completion of construction services and submission of Guaranteed Maximum Price (GMP 2). Phase 2 may include but not limited to the following project activities:

A. Team Management/Coordination B. Underground Utility Location C. Critical Path Scheduling D. Submittal Processes/Coordination Management E. Cost Controls/Change Order Management F. Subcontract Quality Control G. Field Management H. Safety Quality Control Programs I. Special Inspections and Materials Testing Coordination J. Project Close Out/Warranty period services

4.5 ESTIMATED PROJECT SCHEDULE

The dates listed are an estimated project schedule and may be subject to change:

A. Planned date of design: Currently in design B. Planned date of design completion: January 2027 C. Planned date of construction start: July 2027 D. Planned date of construction substantial completion: July 2029

5 Evaluation Phases

Qualifications Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. General Information

1. List the Arizona professional and contractor licenses held by the firm and/or individuals who will be assigned to this project.

Provide the license numbers and expiration dates, if applicable. The Proposer need not be licensed, but the person or firm actually performing construction services on behalf of the Proposer must be currently, and have been for at least one year immediately prior, a licensed general contractor in the State of Arizona.

2. Identify any contract or subcontract held by the firm or officers of the firm, which has been terminated within the last five years. Identify any claims arising from contract which resulted in a formal claim being filed with a public entity pursuant to A.R.S. 12-821.01 or has resulted in litigation or arbitration within the last five years. Briefly describe the circumstances and the outcomes.

3. Provide a statement from an AM Best, Inc. rating of A or better surety company of the Company’s bonding capacity.

Points Based 5 (5% of Total)

2. Experience of the Team A. Identify at least three comparable projects in which the firm served as either Construction Manager at Risk, agency Construction Manager during design and construction phases (with or without providing construction services), and/or General Contractor.

B. For each comparable project identified, provide the following:

1. Description of project.

2. Role of the firm (specify whether Construction Manager at Risk, Construction Manager or General Contractor). If CM at Risk or General Contractor, identify the percent of work self-performed. Also specify services provided during design phase, (cost of estimating, scheduling, value engineering, etc.).

3. Project’s original contracted construction cost and final construction cost;

explain any overruns.

4. Construction dates.

5. Project Owner.

6. Reference information (two names with telephone numbers per project).

7. Identify the location of the firm’s principal office, and percent of the work expected to be done locally. List of all the City of Surprise projects

Points Based 20 (20% of Total) where the firm provided either design services, agency construction management or general construction services in the last five years either completed or ongoing.

Submit copies of a CPM, Construction Progress Schedule (both the baseline schedule and the final completed schedule) for a previous similar project.

(These will not be counted towards the page limit.)

3. Key Personnel Experience For each key person identified, list at least two comparable projects in which they have played a primary role. If a project selected for a key person is the same as one selected for the firm, provide just the project name and role of the key person. For other projects provide the following:

1. Description of project.

2. Role of the person and length of employment with the Firm.

3. Project’s original contracted construction cost and final construction cost;

explain any overruns.

4. Construction dates.

5. Project Owner.

6. Reference information (two names with telephone numbers per project).

7. Identify the home office location of key staff on this project, their length of time with the firm, and the percent of their work expected to be done locally.

8. List any proposed consultants, including key staff names and the experience and qualifications of these individuals.

Points Based 20 (20% of Total)

4. Project Understanding & Approach A. Describe your firm’s project management approach and team organization during preconstruction and construction phase services.

B. Discuss the major issues your team has identified on this project and how you intend to address those issues.

C. Describe systems used for planning, scheduling, estimating and managing construction. Briefly describe the firm’s experience on quality control, dispute resolution, and safety management.

Points Based 30 (30% of Total)

5. Subcontractor Selection Plan Response shall include the firm’s proposed subcontractor selection plan. The proposed subcontractor selection plan must provide for the selection of subcontractors based on qualifications alone or on a combination of qualifications and price and shall not select subcontractors based on price alone.

Points Based 15 (15% of Total)

6. Past Performance Provide a copy of the Past Performance Verification form (PPVF) to Public/Private Agencies, for which you have substantially completed similar work for three

(3) similar projects.

Points Based 10 (10% of Total)

Interviews - Optional

No. Evaluation Criteria Scoring Method Weight (Points)

1. Interviews-Optional Interviews would be conducted at City offices. Time limitations and presentation requirements will be provided with the “Offeror Short List” notification. Each Evaluation Committee member will score each interview. Interview average ranked scores will be the sole determining factor for selection. In the event of a tie of the interview average ranked scores, total points from the interviews will be utilized as a tie-breaker. If a tie still exists, total points for the interview and SOQ scores will be used as the tie breaker.

Points Based 100 (100% of Total)

6 Standard Terms and Conditions

6.1 OVERVIEW

THE FOLLOWING TERMS AND CONDITIONS ARE AN EXPLICIT PART OF THE SOLICITATION AND

ANY RESULTANT CONTRACT.

6.2 DEFINITION OF TERMS

As used in this Solicitation and any resulting Contract, the terms listed below are defined as follows:

City – is defined as the City of Surprise, Arizona.

Contract – is defined as the resulting agreement between the City and the Contractor pursuant to this RFQu, including, but not limited to, the combination of the Solicitation, including the Special Terms and Conditions, the Standard Terms and Conditions, Project Overview; and the Specifications and Statement or Scope of Work/Services; the RFQu Schedule; the Offer and any Solicitation Amendments or Contract Amendments.

Contract Amendment – is defined as a written document signed by the Procurement Manager that is issued for the purpose of making changes in the Contract.

Contractor or Vendor – is defined as the Offeror who was awarded the Contract with the City.

Day(s) – is defined as calendar days unless otherwise specified.

Exhibit– is defined as any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation.

Gratuity – is defined as a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.

Good(s) – are defined as articles moveable at the time of sale, including, but not limited to, equipment, supplies, consumable items, commodities, materials, products, parts, assets, or the like, received by the City in the execution of a contract.

Offer – is defined as the bid, proposal, or qualifications submitted in response to this Solicitation that may be awarded the Contract, and is also referred to as a Statement of Qualifications

("SOQ").

Offeror– is defined as the individual or legal entity that submitted the Offer to this Solicitation.

Procurement Manager– is defined as the person, or his or her designee, duly authorized by the City to enter into and administer Contracts and make written determinations with respect to the Contract.

Service(s) – are defined as the work performed or the furnishing of labor, time or effort expended by a contractor or subcontractor, including, without limitation, all work, labor, time, effort, personnel, construction, equipment, products, supplies, parts, or other materials used in the performance of the Contract. The term “Services” does not involve: the delivery of a specific end product, other than required reports and performance; employment agreements; or collective bargaining agreements.

Solicitation – is defined as this Request for Qualifications (“RFQu”) by which the City invites potential contractors to participate in a procurement.

Subcontract – is defined as any contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any Good and/or Service required for the performance of the Contract.

6.3 CERTIFICATION

By signature in the Offer section of the Offer and Acceptance Award page, Contractor certifies all of the following:

A. The submission of the Offer did not involve collusion or other anti-competitive practices;

and

B. Contractor has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor, or service to a public servant in connection with the submitted Offer. Failure to sign the Offer, or signing it with a false statement, shall void the submitted Offer or any resulting Contracts, and Contractor may be debarred.

6.4 CONTRACT

The Contract between the City and Contractor shall consist of (1) the Solicitation, including instructions, all terms and conditions, specifications, scopes of work, attachments, and any amendments thereto, and (2) the Offer submitted by Contractor in response to the Solicitation.

In the event of a conflict in language between the Solicitation and the Offer, the provisions and requirements in the Solicitation shall govern. However, the City reserves the right to clarify, in writing, any contractual terms with the concurrence of Contractor, and such written Contract shall govern in case of conflict with the applicable requirements stated in the Solicitation or Contractor's Offer. The Solicitation shall govern in all other matters not affected by the written Contract.

6.5 CONTRACT AMENDMENTS

This Contract may be modified only by a written Contract Amendment signed by persons duly authorized to enter into contracts on behalf of the City and the Contractor.

6.6 CONTRACT APPLICABILITY

Contractor shall substantially conform to the terms, conditions, specifications and other requirements found within the text of this specific Solicitation. All previous agreements, contracts, or other documents, which have been executed between Contractor and the City, are not applicable to this Solicitation or any resultant Contract.

6.7 NON-EXCLUSIVE CONTRACT

Any Contract resulting from this Solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the City of Surprise. The City reserves the right to obtain like Goods and/or Services from another source when necessary. Off-Contract purchase authorization may only be approved by the City Procurement Manager. Approval shall be at the discretion of the City Procurement Manager and shall be conclusive, however, approval shall be granted only after a proper review and when deemed to be appropriate. Off-Contract procurement shall be consistent with the City Procurement Code.

6.8 CONTRACT ORDER OF PRECEDENCE

In the event of conflict in the provision of the Contract, as accepted by the City and as they may be amended, the following shall prevail in the order set forth below:

A. Special Terms and Conditions B. Standard Terms and Conditions C. Preconstruction Terms and Conditions D. Construction Terms and Conditions E. Statement or Scope of Work F. Specifications G. Attachments H. Exhibits I. Documents referenced or included in the Solicitation J. Proposal Submittal including any ancillary / service contract K. Purchase Order Terms and Conditions

6.9 CONFLICTING TERMS

In the event of a conflict between the Exhibits and Standard Terms and Conditions, the Standard Terms and Conditions of this Contract will govern. In the event of a conflict in language between the Solicitation and the Offer, the provisions and requirements in the Solicitation will govern.

However, the City reserves the right to clarify, in writing, any contractual terms with the concurrence of Contractor, and such written Contract will govern in case of conflict with the applicable requirements stated in the Solicitation or Contractor's Offer.

6.10 TERMINATION; CANCELLATION

A. For City’s Convenience: This Contract is for the convenience of the City and may be immediately terminated without cause after receipt by Contractor of written notice by the City. Upon termination for convenience, Contractor will be paid for all undisputed services performed up to the termination date.

B. Conflict of Interest: This Contract is subject to the provisions of A.R.S. § 38-511. The City may cancel this Contract without penalty or further obligations by the City or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Contract on behalf of the City or any of its departments or agencies is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the Contract subject.

C. Fund Appropriation Contingency: Contractor understands that the continuation of this Contract is subject to the budget of the City providing for the contract item as an expenditure. The City cannot assure that the budget item for funding this Contract will be approved in the future. In such event, the City may terminate this Contract.

6.11 DEFAULT

The City, by written notice of default to the Contractor, may terminate the whole or any part of this Contract in any of the following circumstances:

A. If the Contractor fails to make delivery of the Goods or to perform the Services within the time specified; or

B. If the Contractor fails to perform any of the other provisions of this Contract and fails to remedy the situation within a period of ten (10) days after receipt of notice.

In the event the City terminates this Contract, in whole or part, the City may procure Goods and/or Services similar to those terminated and Contractor shall be liable to the City for any excess costs for such similar Goods and/or Services.

6.12 DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH

Contractor shall deliver conforming Goods in each installment of lot of this Contract and may not substitute nonconforming Goods. Delivery of nonconforming Goods or a default of any nature, at the option of the City, shall constitute a breach of the Contract as a whole.

6.13 GRATUITIES

The City may, by written notice to Contractor, cancel this Contract if it is found by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by Contractor or any agent or representative of Contractor, to any officer or employee of the City with a view toward securing an order, securing favorable treatment with respect to the awarding, amending, or the making of any determinations with respect to the performing of such order. In the event this Contract is cancelled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold from Contractor the amount of the gratuity. Paying the expense of normal business meals which are generally made available to all eligible City government customers shall not be prohibited by this paragraph.

6.14 APPLICABLE LAW; VENUE

In the performance of this Contract, Contractor will abide by and conform to any and all laws of the United States, the State of Arizona, and the City of Surprise, including but not limited, existing and future to federal and state executive orders providing for equal employment and procurement opportunities, the Federal Occupational Safety and Health Act, and any other existing and future federal, state or local laws, rules, regulations, orders, directives, statutes, and ordinances applicable to this Contract. Contractor shall comply with Arizona Revised Statutes, Title 34, where applicable. This Contract is governed by the laws of the State of Arizona and suit pertaining to this Contract may be brought only in courts in the State of Arizona in Maricopa County.

6.15 COMPLIANCE WITH APPLICABLE LAWS

Contractor must, at all times, observe and comply with all applicable federal, state, and/or local laws, ordinances, regulations, codes, orders, and decrees. Specifically, but without limitation, this includes all Occupational Safety and Health Administration (“OSHA”) laws and regulations, the Fair Labor Standards Act (“FLSA”), the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986, and the Drug Free Workplace Act of 1989. The Contractor also agrees to comply with A.R.S. § 34-301, “Employment of Aliens on Public Works Prohibited”, and A.R.S. § 34-302, as amended, “Residence Requirements for Employees." Under the provisions of A.R.S.

§41-4401, the Contractor warrants to the City that the Contractor and all its Subcontractors will comply with all Federal immigration laws and regulations that relate to their employees and that the Contractor and all its Subcontractors now comply with the E-Verify Program under A.R.S.

§23-214(A). A breach of this warranty by the Contractor or any of its Subcontractors will be considered a material breach of the Contract and may subject the Contractor or Subcontractor to penalties up to and including termination of the Contract or any Subcontract. The City may conduct random verification of the employment records of the Contractor and any of its Subcontractors to ensure compliance with this warranty. The Contractor agrees to indemnify, defend, and hold the City harmless for, from, and against all losses and liabilities arising from any and all violations of these statutes. The provisions of this Section must be included in any Subcontract the Contractor enters into with any and all of its Subcontractors who provide services under the Contract or any Subcontract.

6.16 LEGAL REMEDIES

All claims and controversies shall be subject to resolution according to the terms of the City of Surprise Procurement Code.

6.17 PROVISIONS REQUIRED BY LAW

Each and every provision of law and any clause required by law to be in the Contract will be read and enforced as though it were included and, if through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract will promptly be physically amended to make such insertion or correction.

6.18 SEVERABILITY

If any provision(s) of this Contract, or portion(s) thereof, or the application thereof to any person(s) or circumstance(s), is determined to be invalid or unenforceable to any extent, the remainder of this Contract, or the application of such provision(s), or portion(s) thereof, to person(s) or circumstance(s) other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Contract, and portion(s) thereof, shall be valid and will be enforced to the fullest extent permitted by law.

6.19 RELATIONSHIP TO PARTIES; INDEPENDENT CONTRACTOR

Each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party may not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. Contractor is advised that taxes or Social Security payments will not be withheld from any City payments issued hereunder and Contractor agrees to be fully and solely responsible for the payment of such taxes or any other tax applicable to this Contract. Contractor, its employees, and subcontractors are not entitled to workers’ compensation benefits from the City. The City does not have the authority to supervise or control the actual work of Contractor, its employees, or subcontractors. Contractor, and not the City, will determine the time of its performance of the Services so long as Contractor meets the requirements of this Contract. Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere.

Contractor acknowledges that all Services provided under the Contract are being provided as an independent contractor, not as an employee or agent of the City. Both parties agree that the Contract is non-exclusive and that Contractor is not prohibited from entering into other contracts nor prohibited from practicing his or her profession elsewhere. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party will not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. Contractor is advised that taxes or Social Security payments will not be withheld from any City payments issued under the Contract and that Contractor should make arrangements to directly pay such expenses, if any. The City will not provide Contractor with health insurance, life insurance, workmen’s compensation, sick leave, vacation leave, or any other fringe benefits. Any fringe benefits will be the sole responsibility of Contractor.

6.20 ENTIRE AGREEMENT; INTERPRETATION-PAROL EVIDENCE

This Contract represents the entire agreement of the parties with respect to its subject matter.

All previous agreements, whether oral or written, entered into prior to this Contract are hereby revoked and superseded by this Contract. No representations, warranties, inducements, or oral agreements have been made by any of the parties except as expressly set forth in this Contract.

This Contract will be construed and interpreted according to its plain meaning, and no presumption will be deemed to apply in favor of or against the party drafting the Contract. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in drafting, reviewing, and entering into this Contract.

6.21 ASSIGNMENT; SUBCONTRACTOR

No right or interest in this Contract may be assigned by Contractor without prior written permission of the City, signed by the City Manager or their designee. No delegation of any duty of Contractor may be made without prior written permission of the City, signed by the City Manager or their designee. Any attempted assignment or delegation by Contractor in violation of this provision is a breach of this Contract by Contractor. The Contract will extend to and be binding upon Contractor, its successors, and assigns, including any individual, company, partnership, or other entity with or into which Contractor will merge, consolidate, or be liquidated, or any person, corporation, partnership, or other entity to which Contractor will sell its assets. No right covered by Contractor will be assigned in whole or in part without first obtaining the written consent of the City. In no event will any contractual relationship be created or be construed to be created as between any third party and the City.

6.22 SUBCONTRACTS

No Subcontract may be entered into by Contractor with any other party to furnish any of the Goods and/or Services specified herein without the prior written approval of the City. Contractor is responsible for performance under this Contract whether or not subcontractors are used.

Contractor will itemize all Subcontractors that will be utilized on the Project. Any substitution of Subcontractors by Contractor must be first approved by the City and any cost savings will be passed to the City. All Subcontract(s) must include all the terms and conditions of the Contract which will apply with equal force to the Subcontract as if the Subcontractor were the Contractor referred to in the Contract. Contractor agrees that it is as fully responsible to City for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by Contractor.

6.23 RIGHTS AND REMEDIES

No provision in this Contract may be construed, expressly or by implication, as waiver by the City of any existing or future right or remedy available by law in the event of any claim of default or breach of this Contract.