CMAR-Rancho_Gabriela_Water_Supply_Facility_Storage_Tank_Expansion.pdf

REQUEST FOR QUALIFICATIONS

CMAR-RANCHO GABRIELA WATER SUPPLY FACILITY STORAGE TANK

EXPANSION

The City of Surprise, Arizona

Project ID: 327017

RELEASE DATE: August 6, 2026 DEADLINE FOR QUESTIONS: August 20, 2026

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

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

CMAR-Rancho Gabriela Water Supply Facility Storage Tank Expansion

I. Legal Notice II. Introduction

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

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

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

Attachments:

A - Rancho Gabriela Preliminary Site Plan

City of Surprise, AZ

1 Legal Notice

1.1 Notice

The City of Surprise (the "City") is accepting Statement(s) of Qualifications ("SOQ") from qualified firms to provide Construction Manager at Risk ("CMAR") services for the Rancho Gabriela Water Supply Facility Storage Tank Expansion ("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 of Surprise Procurement Code ("City Procurement Code") Offerors shall submit competitive sealed SOQs via the City's e-Procurement Portal, OpenGov (https://procurement.opengov.com/portal/surpriseaz) until the date and time cited in this document. Proposals must be in the actual possession of the City of Surprise Procurement Division ("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 Request for Qualifications ("RFQu") package.

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

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

Please reference 327017, in all your communications to the City.

Misty Gomez Procurement Officer Sr

Publication: Arizona Business Gazette and City of Surprise website:

https://www.surpriseaz.gov/bids.aspx Date(s): Thursday, August 6, 2026 and Thursday, August 13 2026 https://secure.procurenow.com/portal/surpriseaz

2 Introduction

2.1 Summary

The City is accepting SOQs from experienced and qualified firms to provide the Construction Manager at Risk (CMAR) services for the the storage tank expansion at the Rancho Gabriela Water Supply Facility located at Water Works Way and Cactus Road.

The selected firm will be engaged early in the process to provide cost estimating, constructability reviews, value engineering, scheduling, and risk mitigation support during design, and will later assume responsibility for construction under a Guaranteed Maximum Price (GMP).

2.2 Contact Information

Misty Gomez Procurement Officer Sr 16000 N. Civic Center Plaza Surprise, AZ 85374 Email: misty.gomez@surpriseaz.gov Phone: (623) 222-3722 Department:

Water Resource Management

2.3 Timeline

Release RFQu Date August 6, 2026 mailto:misty.gomez@surpriseaz.gov tel:(623)222-3722

Pre-Submittal Meeting (Mandatory) August 13, 2026, 11:00am MANDATORY in-person pre-submittal meeting

Location: SPA 1 Water Reclamation Facility 13663 W Cactus Rd Surprise, AZ 85379

Followed by physical on-site walkthrough location:

Rancho Gabriella Water Supply Facility 13627 W Cactus Rd Surprise, AZ 85379

*Attendees will be required to provide their own transportation to each facility.*

Final Date/Time for Questions August 20, 2026, 4:00pm

RFQu Due Date/Time September 3, 2026, 11:00am

Estimated Short List Notification October 5, 2026 Interviews (if applicable)

Location: City of Surprise City Hall 16000 N. Civic Center Plaza Surprise, AZ 85374

Estimated Interview Date October 19, 2026

Anticipated Contract Award October 30, 2026

3 Instructions to Offerors

3.1 OFFER SUBMISSION, DUE DATE AND TIME

Offerors shall submit SOQs via the City’s e-Procurement Portal, OpenGov by no later than Thursday, September 3, 2026 at 11:00 am.

3.2 PREPARATION OF SOQ

A. Offerors shall submit all SOQs on the forms provided in this RFQu package. It is permissible to copy these forms if required. Faxed or e-mailed SOQs will not be considered.

B. The Offeror shall submit the SOQ and offer form ("Offer Form") via the City's e- Procurement Portal.

C. It is each Offerors' responsibility to examine the entire RFQu 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 the SOQ due date and time.

3.3 OFFEROR RESPONSE

The SOQ is limited to a maximum of twenty (20) pages in length, excluding the Offer Form page, Cover Letter, Past Performance Verification Forms, 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 with 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 Offeror shall submit the SOQ 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 Offeror such as the owner or partner in case of a company, 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

The cover letter shall provide an identification of the Offeror, including name, address, telephone number, and email address. The Offeror shall submit a brief introduction of its interest in this project.

C. SOQ Response twenty (20) Maximum Pages

The SOQ response should address the following evaluation criteria.

1. General Information:

The Offeror shall provide a brief but narrative response to the following questions.

a) Provide a general description of the firm / team that is proposing to provide the preconstruction 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 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 (1) 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 Offeror or Offeror’s officers which has been terminated within the last five (5) 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 resulted in litigation or arbitration within the last five (5) years. Briefly describe the circumstances and the outcomes.

2. Experience of the Team:

The Offeror shall identify at least three (3) comparable projects in which it served as either CMAR, agency construction manager during design and construction phases (with or without providing construction services), and/or general contractor. For each comparable project identified, the Offeror shall provide:

a) Description of project.

b) Role of the firm (specify whether CMAR, 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 overruns.

d) Construction dates.

e) Project owner.

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

g) Identify the location of the Offeror’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 (5) 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:

The Offeror shall provide a brief but narrative response to the following questions for each key person identified:

a) List at least two (2) comparable projects in which they 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 persons 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.

e) For other projects provide:

i) Description of project.

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

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

iv) Construction dates.

v) Project owner.

4. Project Understanding & Approach:

The Offeror shall provide a brief but detailed response to the following questions regarding the Offeror’s project understanding and approach to providing the Services in this RFQu.

a) Describe the Offeror’s project management approach and team organization during preconstruction and construction phase services.

b) Describe the major issues the Offeror’s team has identified on this project and how it intends to address those issues.

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

5. Subcontractor Selection Plan:

Responses shall include the Offeror’s proposed subcontractor selection plan. This plan shall provide for subcontractor selection based on qualifications alone or on a combination of qualifications and price and not based on price alone.

6. Past Performance:

The City desires to receive feedback on past performance of the Offeror’s projects. The Offeror shall provide a copy of the Past Performance Verification Form (“PPVF”) to public/private agencies for which the Offeror has substantially completed similar work for (3) similar projects. The Offeror shall provide this form to the owner or owner’s representative of such agencies directly responsible for overseeing the project to complete. The Offeror shall submit three (3) PPVFs with the Offer through the City’s e- Procurement Portal. If the Offeror has completed previous similar work for the City of Surprise, it is recommended that it utilize this experience. An Offeror that has not provided prior work for the City will not be penalized.

The City may deduct points for PPVFs for the following reasons:

o If a project submitted is not substantially complete.

o If the Offeror was not the prime consultant.

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

7. Additional Requirements:

The Offeror shall submit these additional requirements shall be submitted in the Offeror 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 (Arizona 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 Ability to obtain current City of Surprise Transaction Privilege Tax License.

o Additional Requirements/Confirmations (as applicable)

If the Offeror fails to provide all documents or follow the provided order in its SOQ, the City may deem the SOQ non-responsive.

The City reserves the right to retain all SOQs submitted and to use any ideas in a SOQ regardless of whether the SOQ is selected. By submitting an SOQ, the Offeror accepts this RFQu’s terms and conditions unless it clearly and specifically notes exceptions in its SOQ and such exceptions are accepted by the City in the Contract.

3.4 INQUIRIES

Any question related to the RFQu must be submitted in writing through the OpenGov Question/Answer Tab via the City's e-Procurement portal on or before, Thursday, August 20, 2026 by 4:00 pm. Offerors shall include the specific section title and number for each question, if applicable. All questions submitted and answers provided shall be electronically distributed to Offerors who are following this RFQu on the City's e-Procurement Portal.

3.5 PRE-SUBMITTAL MEETING

A pre-submittal meeting may be held. If scheduled, the date and time will be indicated in this RFQu's Timeline section . The purpose of this meeting will be to clarify this RFQu’s contents to prevent any misunderstanding of the City’s position. Offerors shall present any doubt regarding this RFQu’s requirements or any apparent omission or discrepancy to the City. The City will then determine if any action is necessary and may issue a written RFQu amendment or addendum. Oral statements or instructions will not constitute a RFQu addendum or amendment.

3.6 WITHDRAWAL OF SOQ

At any time prior to the specified SOQ due date and time, the Offeror may withdraw its SOQ through the City's e-Procurement Portal in accordance with the City Procurement Code . After withdrawing a previously submitted SOQ, the Offeror may submit another SOQ at any time up to the specified SOQ due date and time.

3.7 RFQu ADDENDUM

Any addenda shall be posted on the City's e-Procurement Portal and receipt must be acknowledged by the Offeror. Addenda notifications will be emailed to all persons on record who are following this RFQu. If the Offeror fails to receive any addenda, the Offeror shall not be relieved from any obligation under their SOQ as submitted. All addenda issued shall become part of the Contract Documents.

3.8 RESPONSIVE OFFEROR

A responsive offeror is an offeror determined by the Procurement Manager to have submitted an SOQ that conforms in all material respects to the requirements of the RFQu.

3.9 RESPONSIBLE OFFEROR

A responsible offeror is an offeror determined by the Procurement Manager to have :

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.

3.10 SOQ EVALUATION

The City's Evaluation Committee will evaluate the SOQs and develop a short list of up to three (3) but no more than five (5) Offerors based on total average ranked scores. The criteria used to determine the order of Offerors on the final list are set forth in the Evaluation Criteria.

During the evaluation process and in the City’s discretion, the City may request Offerors submitting SOQs to take part in interviews as part of the evaluation process. If interviews are conducted, the City's 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.

The City will conduct any interviews at City offices. Time limitations and presentation requirements 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 used as the 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, in its sole discretion, to not conduct interviews with Offerors and instead select the final list based upon the average ranked scoring of the SOQs.

3.11 KEY PERSONNEL

The Offeror shall ensure that key personnel identified in its SOQ shall be the key personnel assigned to this RFQu project and shall not replace such key personnel without the City’s prior written approval. Unauthorized replacements will result in disqualification of the SOQ or breach of the Contract by the Offeror.

3.12 EVALUATION CRITERIA

The following evaluation factors are listed in descending order of importance. The Offeror shall address these factors in the following order for ease of evaluator interpretation and evaluation.

The City’s Evaluation Committee will evaluate and rank the SOQs based on the following criteria and points located in the Evaluation Phases section:

• 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

3.13 AWARD OF CONTRACT

A. An SOQ is an offer to contract with the City upon the terms, conditions and specifications contained in this RFQu and any written amendments or addenda. By submitting a signed SOQ, Offerors agree to comply with all the terms and conditions set forth in this RFQu, along with all attachments, exhibits, addenda, amendments, incorporated documents. Upon the City’s acceptance of the SOQ, the SOQ and these documents form the Contract between the Offeror/Contractor and the City and will be known collectively as the “Contract Documents.”

B. Upon completion of the final rankings, the City will enter into negotiations with the highest total average ranked Offeror for a contract for the RFQu project. If a contract cannot be successfully negotiated with the highest total average ranked Offeror, then negotiations will be terminated with that Offeror and the City will enter into negotiations with the next highest total average ranked Offeror until an agreement is reached or an impasse is declared.

C. Notwithstanding any other provision of this RFQu, 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 RFQu.

3.14 DISCUSSIONS

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

3.15 PROTESTS

Firms wishing to protest a disqualification or a procurement outcome may file a protest pursuant to the process outlined in the Surprise Municipal Code Section 2-349. Protests must be filed with the City of Surprise Procurement Office either within fourteen (14) days of the Notice of Intent to Award or ten (10) days after the procurement file is made available for public inspection, whichever is later.

4 Evaluation Phases

Qualifications Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. General Information

1. List the Arizona professional and Arizona Registrar of Contractor licenses held by the Offeror 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 performing construction services on behalf of the Offeror must be currently and have been for at least one (1) year immediately prior, a licensed general contractor in the State of Arizona.

2. Identify any contract or subcontract held by the Offeror or Offeror’s officers which has been terminated within the last five (5) 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 resulted in litigation or arbitration within the last five (5) 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 Offeror’s bonding capacity.

Points Based 5 (5% of Total)

2. Experience of the Team A. Identify at least three (3) comparable projects in which the firm served as either CMAR, 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 CMAR, construction manager or general contractor). If CMAR or general contractor, identify the percent of work self-performed. Also specify services provided during the 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 Offeror’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 (5) 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 (CPM or Construction Progress Schedules will not be counted towards the page limit).

Points Based 20 (20% of Total)

3. Key Personnel Experience For each key person identified: (1) list at least two (2) comparable projects in which they 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; (2) reference information (two names with telephone numbers per project); (3) identify the home office location of key persons on this project, their length of time with the firm, and the percent of their work expected to be done locally; and (4) List any proposed consultants, including key staff names and the experience and qualifications of these individuals. For other projects provide:

1. Description of project.

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

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

4. Construction dates.

5. Project owner.

Points Based 20 (20% of Total)

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

B. Describe the major issues the Offeror’s team has identified on this project and how it intends to address those issues.

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

Points Based 30 (30% of Total)

5. Subcontractor Selection Plan Response shall include the Offeror’s proposed subcontractor selection plan. This plan shall provide for subcontractor selection based on qualifications alone or on a combination of qualifications and price and not 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 the Offeror has 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 The City will conduct any interviews at City offices. The City will provide time limitations and presentation requirements 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 used as the 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)

5 Scope of Work

5.1 PROJECT OVERVIEW

The City of Surprise is seeking a qualified firm to provide pre-construction and construction services for the expansion of the Rancho Gabriela Water Supply Facility (WSF), generally located at Waterworks Way and Cactus Road in Surprise, Arizona. This facility is a critical water production asset and serves residential and commercial customers in the surrounding area.

The Rancho Gabriela Water Supply Facility currently includes:

• Sixteen (16) arsenic treatment vessels utilizing coagulation filtration treatment, chemical dosing systems for sodium hypochlorite, ferric chloride, and hydrochloric acid;

• A three million gallon reservoir (3,000,000 gal) reservoir;

• A two million gallon (2,000,000 gal) reservoir;

• A nine (9) pump booster pump station; and

• Associated infrastructure.

The proposed expansion is intended to increase treatment and storage capacity to meet future planned demands driven by ongoing development. The Project will include. without limitation:

• Expansion of the existing arsenic treatment system;

• Construction of an additional storage reservoir;

• Integration of the foregoing, with the existing WSF equipment and infrastructure, including, but not limited to, related pumping, chemical systems, piping, electrical, instrumentation, and controls upgrades.

The City has awarded GHD Inc, a separate Design Phase Services contract for the Project. All Construction Work shall be procured and performed in accordance with A.R.S. §§ 34-101 et seq.

5.2 SCOPE OF WORK

The CMAR will provide preconstruction management services during the Design Phase of the Project and may serve as the General Contractor for the Construction Phase 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 for defining, monitoring, and staying within the Project budget and schedule. The CMAR for the Project will ensure the team is adhering to the Schedule and will be responsible for providing cost models and constructability reviews throughout the pre-Construction and Construction Phases.

The final scope of work will be refined during the pre-Construction Phase of the Project and formalized through one or more Guaranteed Maximum Price (GMP) amendments.

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

5.3 PRECONSTRUCTION SERVICES (PHASE 1)

The first phase of the Project includes the preconstruction services for the preparation and submission of one or multiple GMP amendments. The CMAR's responsibilities under Phase 1 may include, but will not be limited to the following preconstruction activities:

A. Project Schedule preparation and regular schedule updates;

B. Management plans;

C. Value analysis/engineering;

D. Participation in design review meetings at each milestone and provide constructability reviews including identification of plan/specification, conflicts, and errors and omissions;

E. 30%, 60%, and 90% cost model preparation;

F. GMP preparation;

G. Building code/permitting analysis and assistance;

H. Utility coordination with providers and existing infrastructure;

I. Bid package strategy (subcontracting and small business enterprise (SBE) compliance));

J. Identification of specialized material and ordering of long lead time materials to avoid Schedule impacts;

K. Integration of means, methods and materials in relation to general, sustainable development; and

L. Maintenance of plant operations during the Construction Phase.

5.4 CONSTRUCTION SERVICES (PHASE 2)

The second phase of the Project is the performance and completion of Construction Work and submission of any GMP amendments. If selected to perform the Construction Work the CMAR's responsibilities under Phase 2 may include, but will not be limited to, the following Project activities:

A. Team management/coordination;

B. Underground utility location;

C. Critical path scheduling;

D. Long lead procurement;

E. Submittal processes/coordination management;

F. Cost controls/change order management;

G. Subcontract quality control;

H. Field management;

I. Safety and quality assurance programs;

J. Record documentation;

K. Special inspections and materials testing coordination;

L. Performance testing, commissioning, and startup; and

M. Project close out/warranty period services.

5.5 ESTIMATED PROJECT SCHEDULE

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

A. Date design started: May 2026

B. Planned date of design completion: December, 2026

C. Planned date of construction start: February 2027

D. Planned date of construction substantial completion: October 2027

6 Standard Terms and Conditions

6.1 DEFINITION OF TERMS

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

Contract – the resulting agreement between the City and Contractor pursuant to this RFQu, including this RFQu in its entirety, including all instructions, terms and conditions, specifications, scopes of work, attachments, and any Solicitation addenda or amendments the Solicitation in its entirety,; the RFQu Schedule; the Offer; and any Contract Amendments.

Contract Amendment – a written document signed by the Procurement Manager issued for the purpose of making changes to the Contract.

Contractor – the Offeror who was awarded the Contract with the City.

Day(s) – calendar days unless otherwise specified.

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

Good(s) – articles moveable at the time of sale, including, but not limited to, equipment, supplies and materials received by the City under this Contract.

Gratuity – a gift, payment, loan, advance, deposit of money, or service, presented or promised in return for or in anticipation of favorable consideration in the procurement process. Gratuity does not include the compensation paid by or due from the city or from a temporary service agency under contract with the city to an employee in connection with the employee's services for the city.

Offer or SOQ – the bid, offer, proposal, or qualifications submitted in response to this Solicitation.

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

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

Service(s) – work performed or labor, time and effort expended by a contractor or subcontractor under this Contract.

Solicitation – this RFQu by which the City invites potential offerors to participate in a procurement.

Subcontract – any contract, express or implied, between 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 Goods and/or Services required for the performance of this Contract.

6.2 CERTIFICATION

By signing the Offer Form, Contractor certifies 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 Form, or signing it with a false statement in the Offer, shall void the submitted Offer or any resulting Contracts, and Contractor may be debarred.

6.3 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.

6.4 CONTRACT APPLICABILITY

Contractor shall comply with all terms, conditions, specifications and other requirements found in this RFQu. All previous agreements, contracts, or other documents executed between Contractor and the City are not applicable to this RFQu or any resultant Contract.

6.5 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.

6.6 CONTRACT ORDER OF PRECEDENCE

If there is a conflict between provisions in the Contract Documents, 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. Scope of Work/Specifications

F. Attachments

G. Exhibits

H. Documents referenced or included in this Solicitation

I. Purchase Order Terms and Conditions

J. Offer including any ancillary / service contract

6.7 TERMINATION; CANCELLATION

A. For City’s Convenience: In addition to any other termination permitted under this Contract, this Contract is for the convenience of the City and the City may immediately terminate this Contract without cause upon written notice to Contractor. 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.

6.8 DEFAULT

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

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

B. If Contractor fails to perform any of the provisions of this Contract and fails to remedy the situation to the City’s satisfaction within ten (10) days after receiving written notice from the City.

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 of such similar Goods and/or Services.

6.9 DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH

Contractor shall deliver conforming Goods in each installment under this Contract and may not substitute nonconforming Goods. Contractor’s delivery of nonconforming Goods or a default of any nature, determined by the City in its sole discretion, shall constitute a breach of this Contract as a whole by Contractor.

6.10 GRATUITIES

The City may, by written notice to Contractor, cancel this Contract if the City finds that Contractor, its agents, employees, or any other representatives presented or promised gratuities in return for or in anticipation of favorable consideration in the procurement process. If the City cancels this Contract pursuant to this provision, the City shall be entitled to recover or withhold from Contractor the amount of the gratuity in addition to any other rights and remedies.

6.11 APPLICABLE LAW; VENUE

This Contract shall be governed by and construed in accordance with the substantive laws of the State of Arizona without giving effect to the principles of conflict of laws. Any action brought to interpret, enforce, or construe any provision of this Contract shall be brought only in courts in the State of Arizona in Maricopa County, including in the United States District Court for the District of Arizona, Phoenix Division.

6.12 PROVISIONS REQUIRED BY LAW

Each and every provision of law and clause required by law to be in this 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 incorrectly inserted, then upon the application of either party, the Contract will promptly be amended to make such insertion or correction.

6.13 SEVERABILITY

If any provision(s), or portion(s) thereof, of this Contract, or the application thereof to any person(s) or circumstance(s), is determined to be invalid or unenforceable by a court of competent jurisdiction, 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, will not be affected thereby, and each provision of this Contract, and portion(s) thereof, will be valid and will be enforced to the fullest extent permitted by law.

6.14 RELATIONSHIP TO PARTIES; INDEPENDENT CONTRACTOR

Contractor acknowledges and agrees that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer or associate of the other party and an employee or agent of one party may not be deemed or construed to be the employee or agent of the party 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, health insurance, life insurance, sick or vacation leave, or any other fringe benefits from the City. Any fringe benefits will be Contractor’s sole responsibility. 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.

6.15 ASSIGNMENT

Contractor shall not assign any right or interest in this Contract nor delegate any of its duties under this Contract without the City’s prior written permission, 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. This Contract will extend to and be binding upon Contractor, its successors and assigns, including without limitation 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. Contractor shall not assign any right in whole or in part without the City’s prior written consent. In no event will any contractual relationship be created or be construed to be created as between any third party and the City.

6.16 SUBCONTRACTS

Contractor shall not enter into any Subcontract with another party to furnish any of the Goods and/or Services/Work specified in the Contract without the City’s prior written approval.

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 this Contract, which will apply with equal force to the Subcontract as if the Subcontractor were the Contractor referred to in this 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.

6.17 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 at law, in equity, by statute or otherwise in the event of any claim of default, breach, or attempted breach of this Contract by Contractor. The City’s failure to insist upon the strict performance of any provision of this Contract or exercise any right or remedy provided in this Contract, by law, or the City’s acceptance of and payment for Goods and/or Services will not release Contractor from any responsibilities or obligations imposed by this Contract or by law, in equity, by statute or otherwise, and will not be deemed a waiver of any right of the City to insist upon the strict performance of this Contract. In addition, the City’s failure to enforce any provision of the Contract or to require Contractor’s performance any provision of this Contract will not be construed to be a waiver of these provisions, nor will it affect the validity of this Contract or any part of it, or the right of the City to enforce each and every provision.

6.18 INDEMNIFICATION

To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the City and its council members, managers, officers, boards, commissions, commissioners, officials, employees, or agents (collectively “Indemnified Party”), for, from, and against any and all claims, damages, losses, and expenses whatsoever (including without limitation attorneys’ fees) arising out of, related to, resulting from, or caused by or in connection with: (i) this Contract; (ii) the City entering into this Contract; (iii) the acts, omissions, negligence or willful misconduct of Contractor or its employees, agents, volunteers, and/or any tier of subcontractors in the performance of this Contract; (iv) the acts or omissions, including negligence, of the Indemnified Parties acting pursuant to or in furtherance of this Contract; and (v) the misuse, misappropriation, or infringement of any intellectual property rights of the Indemnified Party or any third-parties arising out of, related to, resulting from, or caused by or in connection with this Contract. In consideration of the award of this Contract, Contractor agrees to waive all rights of subrogation against the Indemnified Party for losses arising from Contractor’s work under this Contract. The amount and type of insurance coverage required by this Contract will in no way be construed as limiting the scope of the indemnity in this section. This agreement to indemnify and hold harmless will survive expiration and termination of this Contract.

6.19 OVERCHARGES BY ANTITRUST VIOLATIONS

The City maintains that, in practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, Contractor hereby assigns to the City any and all claims for such overcharges as to the Goods and/or Services used to fulfill this Contract.

6.20 FORCE MAJEURE

Except for payment for sums due, neither party will be liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented by reason of force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God: acts of the public enemy; war; acts of terror, hate crimes affecting public order; riots; strikes; mobilization; labor disputes; civil disorders; plague; pandemics (including without limitation, the COVID-19 pandemic); epidemics;

quarantine orders or directives by a governmental entity; outbreaks of infectious disease or any other public health crisis, including without limitation, quarantine or other employee restrictions; fire; floods; lockouts, injunctions-interventions-acts, or failures or refusals to act by government authority; events or obstacles resulting from a governmental authority’s response to the foregoing; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. The party impacted by and claiming an inability to perform due to the force majeure event shall notify the other party of the existence of the force majeure and such force majeure event will be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with this Contract. Force majeure will not include the following occurrences:

A. Failure or delay resulting from general economic conditions or other market effects, foreseen or unforeseen, including any increase in the cost of Goods, materials and/or Services, or any decrease in profit or profit margins resulting therefrom;

B. Late delivery of Goods, equipment, materials and/or Services caused by congestion at a manufacturer’s plant or elsewhere, an oversold condition of the market, inefficiencies, or similar occurrences; and/or

C. Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this section.

6.21 RIGHT TO ASSURANCE

Whenever one party to this Contract in good faith has reason to question the other party's intent to perform, they may demand that the other party give a written assurance of this intent to perform. If a demand is made and no written assurance is given within five (5) calendar days, the demanding party may treat this failure as an anticipatory repudiation of this Contract by the other party.

6.22 FINANCIAL RECORD KEEPING; RIGHT TO AUDIT RECORDS

A. The City may, at reasonable times and places, audit the books and records of any Contractor as related to any contract held with the City.

B. Contractor’s records for all contracts between the City and Contractor will, upon reasonable notice, be open to inspection and subject to audit, scanning, and/or reproduction during normal business hours. Such audits may be performed by any City representative or any outside representative engaged by the City for the purpose of examining such records. The City or its designee may conduct such audits or inspections throughout the term of this Contract and for a period of three (3) years thereafter.

C. The City’s representatives may, without limitation, conduct verifications such as counting employees at the work site, witnessing the distribution of payroll, verifying information and amounts through interviews, and written confirmations with Contractor employees, field and agency labor, Subcontractors, and vendors.

D. Contractor’s “records” include any and all information, materials and data of every kind and character, including without limitation, records, books, papers, documents, subscriptions, recordings, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, superintendent reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may in the City’s judgment have any bearing on or pertain to any matters, rights, duties, or obligations under this Contract. Such records also include (in hard copy form, as well as computer readable data if it can be made available): written policies and procedures; time sheets; payroll registers; payroll records; cancelled payroll checks;

subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, negotiation notes, etc.); original bid estimates; estimating work sheets; correspondence;

change order files (including documentation covering negotiated settlements); back-charge logs and supporting documentation; invoices and related payment documentation; general ledger, information detailing cash and trade discounts earned,…