Francisco_Elias_Esquer_Park_-_Dog_Park_&_Water_Harvesting_(Addendum_#4_Revision).pdf

CITY OF TUCSON

INVITATION FOR BID

260105

FRANCISCO ELIAS ESQUER PARK - DOG PARK & WATER

HARVESTING

Due Date: Thursday, September 18, 2025

City of Tucson

255 W Alameda St

Tucson, AZ 85701

Procurement portal https://secure.procurenow.com/portal/tucson-az

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/183749

PUBLISH DATE: August 13, 2025 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON INVITATION FOR BID NO. 260105

BUSINESS SERVICES DEPARTMENT Page 2 of 57 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4118

Attachments:

A - Offer and Acceptance B - Contractor Responsiblity Form F - 260105 - Esquer Park DBRA

G - HUD-SECTION 3 (FY26)

H - HUD-5369

I - HUD-5370 (IFB > $100,000)

J - HUD-5370-EZ (IFB > $2,000 < $100,000)

K - 2 CFR Part 200.321 DBE Program Provisions Francisco Elias Esquer Park L - IFB 260105 Francisco Elias Esquer Bid Schedule

BUSINESS SERVICES DEPARTMENT Page 3 of 57

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF INVITATION FOR BID 260105

Francisco Elias Esquer Park - Dog Park & Water Harvesting

PROJECT SITE: Esquer Park

PLAN NUMBER: n/a

PRICE RANGE: Between $1,000,000 and $5,000,000

SBE/DBE GOAL: DBE Good Faith Efforts

SUBMITTAL DUE DATE: Thursday, September 18, 2025 AT 2:00 pm LOCAL AZ TIME

PRE-SUBMITTAL MEETING DATE: Wednesday, August 20, 2025

TIME: 10:00 am LOCAL AZ TIME

LOCATION: Microsoft Teams https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTFkNTVmODctZDhhYy00MDAwLWI0NTMtNmY0ODM1MWU3ZGI5%40thread .v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d Meeting ID: 252 817 800 647 2 Passcode: V6sy6zk6 ________________________________________ Dial in by phone +1 213-293-2303 Phone conference ID: 932 879 282#

QUESTIONS SHALL BE DIRECTED TO: Sandra Alcorn

(520) 837-4118 sandra.alcorn@tucsonaz.gov

Publication Dates: Wednesday, August 13, 2025 and Wednesday, August 20, 2025

Posted Date: Wednesday, August 13, 2025

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B. INTRODUCTION

B.1. Summary

The specifications for this project shall follow the PAG standards.

B.2. Contact Information

Sandra Alcorn Principal Contract Officer Email: sandra.alcorn@tucsonaz.gov Phone: (520) 837-4118 Department:

Parks and Recreation

B.3. Timeline mailto:sandra.alcorn@tucsonaz.gov tel:(520)837-4118

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Issue Date August 13, 2025

Pre-Submittal Meeting (Non- Mandatory)

August 20, 2025, 10:00am

Microsoft Teams https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTFkNTVmODctZDhh Yy00MDAwLWI0NTMtNmY0ODM1MWU3 ZGI5%40thread.v2/0?context=%7b%22Tid %22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a% 224dd6ef81-011f-43e1-b8dd- 8668cf929fb8%22%7d

Meeting ID: 252 817 800 647 2 Passcode: V6sy6zk6 Dial in by phone +1 213-293-2303 Phone conference ID: 932 879 282#

Question Submission Deadline August 28, 2025, 5:00pm

Submittal Due Date September 18, 2025, 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTFkNTVmODctZDhhYy00MDAwLWI0NTMtNmY0ODM1MWU3ZGI5%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTFkNTVmODctZDhhYy00MDAwLWI0NTMtNmY0ODM1MWU3ZGI5%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTFkNTVmODctZDhhYy00MDAwLWI0NTMtNmY0ODM1MWU3ZGI5%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTFkNTVmODctZDhhYy00MDAwLWI0NTMtNmY0ODM1MWU3ZGI5%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTFkNTVmODctZDhhYy00MDAwLWI0NTMtNmY0ODM1MWU3ZGI5%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTFkNTVmODctZDhhYy00MDAwLWI0NTMtNmY0ODM1MWU3ZGI5%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTFkNTVmODctZDhhYy00MDAwLWI0NTMtNmY0ODM1MWU3ZGI5%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTFkNTVmODctZDhhYy00MDAwLWI0NTMtNmY0ODM1MWU3ZGI5%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%224dd6ef81-011f-43e1-b8dd-8668cf929fb8%22%7d

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C. INSTRUCTIONS TO BIDDERS

C.1. DEFINED TERMS

For purposes of this Solicitation and subsequent Contract, terms used in the Instructions to Bidders will have the meanings as set forth below. Terms which are defined in the General Terms and Conditions for Construction will have the meanings as defined in the General Conditions.

C.2. DEFINITIONS

Apparent Low Bidder: Bidder/Offeror who has submitted the lowest Bid at the Bid Opening without correction of numerical discrepancies, consideration of alternates or determination of responsiveness and responsibility. The Apparent Low Bidder is not necessarily the Successful Bidder.

Bidder/Offeror: Each individual or entity that submits a submittal in response to this Solicitation.

Bidding Documents: Invitation to Bid, Instructions to Bidders, Proposal Form and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

Business Services Director: The contracting authority for the City authorized to sign contracts and addenda thereto on behalf of the City.

City: The City of Tucson, Arizona.

Contract: The legal agreement(s) executed between City and the Successful Offeror(s). The Contract will be deemed to include the conditions and requirements set forth in this IFB and any Addenda to the IFB, Attachments, Drawings, Specifications, the General Terms and Conditions for Construction, and all the terms of the Proposal submitted by Offeror as finally negotiated and accepted by the City.

Contractor/Consultant: A Successful Offeror that enters into a Contract with the City.

Contract Representative: The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and is responsible for monitoring and overseeing the Contractor's performance under this Contract.

May: Indicates something that is not mandatory but permissible.

Must: The action or condition is required.

Should: Indicates something that is recommended but not mandatory. If the Bidder fails to provide recommended information, the City may, at its sole option, ask the Bidder to provide the information or evaluate the bid without the information.

Successful Bidder: The lowest, qualified, responsible and responsive Bidder to whom the City intends to award a contract.

Will: The indicated party is promising to take the action or abide by the condition.

C.3. PRE-SUBMITTAL MEETING

A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation, if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes

BUSINESS SERVICES DEPARTMENT Page 7 of 57 and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position.

C.4. INQUIRIES, INTERPRETATIONS, OMISSIONS, DISCREPANCIES, AND

INTERPRETATIONS

Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding system, to the Contract Officer by the Question Submission Deadline. The email must refer to the solicitation number and the paragraph number of the provision that the question concerns. The Contract Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation addendum or response through the question and answer portal in the online bidding system. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions posted and answered through the online bidding system, or posted as a formal solicitation addendum will be binding.

The bidder should take no advantage of any apparent error or omission in the plans, estimated quantities, or specifications. Should a Bidder find discrepancies in, or omissions from, the drawings or other Bidding Documents, or should the Bidder be in doubt as to their meaning, they should at once notify the Contract Officer who is identified in the proposed Bidding Documents. All requests for interpretations must be made in writing and the requestor must be responsible for the prompt delivery of the request.

The Contract Officer will not make oral interpretations and will not be responsible for any explanations or interpretations except those duly issued in the form of written addendum directed to all Bidders known to be in possession of Bidding Documents. Questions received less than ten (10) days prior to the date of Bid Opening may not be answered.

C.5. ADDENDUM OF SOLICITATION

Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that vendors who have registered with the Business Services Department at https://procurement.opengov.com/portalucson-az and follow the City of Tucson will receive email notifications of solicitation addenda. Questions received less than ten (10) days prior to the date of Bid Opening may not be answered.

C.6. UNDERSTANDING SCOPE OF WORK

Before submitting an Offer to this solicitation, Contractor must familiarize itself with the Scope of Work, Plans and Specifications, laws, regulations, physical conditions, and other factors affecting the obligations – including the expense and difficulty of fulfilling those obligations – that Offeror will have under the Contract if awarded to Offeror. No adjustment to the financial or other terms of the Contract will be justified by Offeror’s failure to fully understand or appreciate the Contract requirements or other factors affecting Contract performance.

It is the responsibility of each Bidder before submitting a Bid to:

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• Examine the Bidding Documents thoroughly,

• Visit the site to become familiar with local site conditions that may affect cost, progress, performance or furnishing of the Work,

• Consider Federal, State and local laws and Regulations that may affect cost, progress, performance or furnishing of the Work,

• Study and carefully correlate Bidder's observations with the Bidding Documents, and

• Notify the Construction Administrator in writing of all conflicts, errors or discrepancies noted in the Bidding Documents.

The failure or omission of a Bidder to receive or examine any form, instrument, Addenda or other document or to visit the site and acquaint themselves with conditions there existing, shall in no way relieve such Bidder from obligations with respect to their Bid or to the Contract. The submission of a Bid shall be taken as prima facie evidence of compliance with these instructions.

Bidders wishing to conduct additional examinations, including site investigations and explorations, shall request approval from the City prior to commencing any on-site investigation or exploration. Approval shall be granted at the City’s sole discretion. If approved, Bidders shall observe all noise, dust and vegetation control restrictions, fill all holes and excavations and clean up and restore the site to its former condition upon completion.

The submission of a Bid shall constitute an incontrovertible representation by Bidder that they have complied with every requirement of these Instructions to Bidders and that without exception, the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and that the Bidding Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

C.7. APPROVAL OF EQUAL ITEMS OF EQUIPMENT AND/OR MATERIALS

Where an item or material is specified by the name of a manufacturer, distributor, supplier, or other proprietary name, it is done for the purpose of establishing a basis of quality and not for the purpose of limiting competition. The City's intent is to consider alternative products which have the desired essential characteristics. The City will consider any such product offered. Requests for approval of alternative products must be made through the Offeror. No approvals for substitutions will be granted directly to suppliers, distributors or subcontractors.

Bidders desiring to submit alternative product proposals for prior approval must submit such proposals to the Contract Officer at least ten (10) days prior to the original deadline for receiving Bids or any published extension thereof. Each such request must include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute, including drawings, cuts, performance and test data, and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or other Work that incorporation of the substitute would require must be included. The City will consider and either approve or reject alternative product proposals submitted.

If, by the close of the fifth (5th) day prior to the deadline for receiving Bids, the City has approved any alternative product proposals, an addendum will be issued to include the alternative products. The City's decision of approval or disapproval of a proposed substitution will be final.

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C.8. PREPARATION OF SUBMITTAL

A. Form and Organization. If Offer forms are included in this Solicitation, Offeror’s Submittal must be on those forms. Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal forms in order to complete them electronically but may not alter or rearrange them or change any paragraph designations. The completed forms shall be without interlineations, alterations or erasures, except where initialed by the person or persons signing the bid. Proposals shall not contain any recapitulations of the Work to be done. Alternate proposals, other than those called for in the Proposal form, will not be considered. No oral, telegraphic, telephonic or modified Proposals will be considered.

B. Confidential Information. Any information in its submittal that Offeror wishes to be treated as confidential must be clearly marked “CONFIDENTIAL.”

C. Offer Contents. Offeror’s submittal must contain responses to all sections of this solicitation, any Offer forms provided must be completed and any requested supporting documentation must be attached.

D. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance page. Any cover letter accompanying the proposal documents must be signed. Offeror must initial each erasure, interlineation or other modification in the submittal. The person signing and initialing on behalf of Offeror must be a person authorized to legally bind Offeror.

E. Prices. Where a unit price is provided it will govern over any erroneous extension of the price.

Numbers shall be stated both in writing and in figures (when applicable). The prices are to include the furnishing of all materials, plant, equipment, tools, and all other facilities, and the performance of all labor and services necessary or proper for the completion of the Work;

except such as may be otherwise expressly provided in the Bidding Documents. In case of a discrepancy between written Words and figures in a Proposal, the amount stated in written words shall govern. If this is a unit price bid, then in the event of a discrepancy between unit bid prices and extensions, the unit bid price shall govern. All of the figures shall be in ink or typed.

F. The Base Bid shall include all Work as set forth on the drawings and in the specifications. If alternatives are called for in the Proposal form, the blank spaces opposite correspondingly numbered alternatives shall be completed by inserting the exact amount to be deducted or added to the base Bid for that particular alternative only.

G. Unbalancing of a Bid may be cause for rejection.

H. Time Periods. Periods of time, stated as a number of days, will be calendar days unless specifically stated otherwise.

I. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or withdraw its submittal after the Submittal Deadline.

J. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting, submitting or providing any response to this solicitation.

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K. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the performance of the Contract if they are awarded the Contract and must describe their qualifications in detail.

L. Incomplete Information. Failure to include all requested information may have a negative impact on the evaluation of Offeror’s submittal.

M. A partnership bidder shall clearly show the name and mailing office address of each member of the partnership and the signature of one or more members of the partnership. A joint venture bidder shall clearly show the name and mailing address of each member or officers of each firm represented by the joint venture.

N. Bidders submitting falsified or fraudulent Bidding documents, and Contractors submitting falsified or fraudulent documents, including falsified Bidding Documents, payrolls, lien waivers, payment estimates and other documents may be subject to prosecution.

C.9. BID SECURITY

Proposals shall be accompanied by a Bid bond issued by a Surety Company authorized to do business in the State of Arizona and acceptable to the City, or by a certified check or cashier’s check on a bank doing business in the City of Tucson, payable to the City of Tucson, in an amount equal to at least ten percent (10%) of the total amount of the bid (including any alternates) as stated in the Proposal, as a guarantee that the Successful Bidder, if awarded the Contract, will promptly enter into a Contract to perform the Work in the manner and form required by the Contract Documents, and will the furnish the required Performance and Payment Bonds. Failure of the Successful Bidder to execute a contract and file the required bonds within the timeframe specified in the Notice of Intent to Award letter, shall be just cause for the cancellation of the award and may be cause for the forfeiture of the Bid Bond or other Bid securities, which shall become the property of the City of Tucson, not as a penalty, but as liquidation of damages sustained by the City. Award may then be made to the next lowest responsible and responsive Bidder, or the Work may be re-advertised or abandoned, as the City may decide.

Unsuccessful Bidders’ Bid securities will be returned to them after execution of the Contract.

C.10. SUBCONTRACTORS

The City of Tucson does not support post-bid price competition among subcontractors (i.e. "bid shopping") in procurement of construction services.

To assist in prevention of “bid shopping” on City construction projects, bidders shall submit, on the form provided, subcontractor lists for all first tier subcontractors that are above $5,000.

Pursuant to Tucson Municipal Code, Section 28-48(2), bids not in compliance with this requirement shall be deemed non-responsive. If, however, failure to comply would result in the rejection of the lowest responsive bid, and the next lowest responsive bid is 5% higher (or more) than the lowest responsive bid, the Director shall allow the lowest responsive bidder an additional 2 days from the time of bid opening to submit the required subcontractor list.

Submission of the subcontractor list shall act as bidder certification that the work shall be performed by either the bidder or the listed subcontractors. The contractor shall hold the required Registrar of Contractors license for any work that is to be performed by the subcontractor.

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C.11. TAXES

The City is exempt from federal excise tax, including the federal transportation tax. The City is not tax exempt from sales tax, etc. Applicable taxes should be included Offeror's bid.

C.12. PUBLIC RECORD

Any documents submitted by Offeror in response to this solicitation will become the property of the City.

Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

C.13. CONFIDENTIAL INFORMATION

The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If Offeror believes that any portion of its proposal, offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the City receives a public records request to which the record is responsive, Offeror must, when the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

If the City, after award notification, receives a public-records request to which a Contractor record marked “CONFIDENTIAL” is responsive, City will notify Offeror in writing. Unless Offeror, within 10 days after the date of that notice, obtains and provides to City an order from a court of competent jurisdiction prohibiting the City from releasing the records, the City may release the records without any liability to Offeror.

C.14. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

By submitting a response, Offeror warrants that:

A. Preparation and submission of the submittal did not involve collusion or other anti-competitive practices.

B. Offeror 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, meal or service to a public servant in connection with this solicitation.

C. No person has been employed or retained to solicit or secure a Contract under this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee.

D. No member of the City of Tucson Mayor and Council or any employee of the City involved in this solicitation process has any financial interest in Offeror’s firm.

The City may disqualify Offeror from further participation in the solicitation process if the City determines that Offeror has an actual or apparent conflict of interest or has engaged in any collusion or anti-competitive practices.

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C.15. LAWS AND ORDINANCES

Bidders are placed on notice that, in addition to applicable provisions of the Tucson City Code (available at www.tucsonaz.gov), all Bids on a contract for public work are subject to the public laws of the State of Arizona applying to contracts for public work and the qualification of Contractors, including licensure requirements. Projects to be funded, in whole or in part, with Federal monies are subject to Federal laws and regulations. The failure of a Bidder to meet all of such requirements shall be cause for rejection of the Bid.

It is the responsibility of the Contract Officer to award City Construction contracts to the lowest responsive and responsible Bidder unless otherwise specified. To ensure that all Contractors are experienced, reasonably equipped and adequately financed to meet their contractual obligations, a determination of responsibility shall be made by the City prior to contract award.

Any particular statutory requirement not set forth herein is no less binding, and its omission from these Instruction to Bidders is not to be construed as a relaxation of any duty imposed by law upon a Bidder or the City for a contract for public work.

No person, firm or corporation shall be allowed to make or submit, more than one Bid for the same Work. A person, firm or corporation who has submitted a subproposal to a Bidder, or who has quoted prices on materials to a Bidder is not thereby disqualified, however, from submitting a subproposal or quoting prices to other Bidders.

The Director of Business Services has the authority to debar or suspend a person from participating in City procurements, in accordance with the Tucson Procurement Code.

C.16. ANNUAL FUNDING APPROVAL

Bidders bid this project with full knowledge that all multi-year projects with the City of Tucson are undertaken with the understanding that subsequent funding is dependent upon Mayor and Council annual funding approval.

C.17. BID SUBMISSION

ALL BIDDERS

In order to be considered, Offeror must, no later than the Offer Submittal Deadline, submit the following documents electronically through the City’s online bidding system, https://procurement.opengov.com/portal/tucson-az:

A. Bid for Construction

1. Provide the price for each item of work in the requested manner in clearly documented figures (typewritten is preferred). All figures and signature by duly authorized representative must be in ink. Changes or corrections must be in ink and initialed in ink by the individual preparing the bid. Unit prices are to include the furnishing of all materials, plant, equipment, tools, all applicable taxes, bonds, and the performance of all labor and services necessary or proper for the completion of the work, unless otherwise expressly provided in these bid documents.

B. Signed Offer and Acceptance Form https://procurement.opengov.com/portal/tucson-az

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C. Bid Security/Bid Bond

D. SBE/DBE Plan (if applicable)

E. Subcontractor Listing

NOTE: THE ENTIRE OFFER MUST BE IN "SUBMITTED" STATUS IN THE CITY’S ONLINE BIDDING

SYSTEM IN ORDER TO BE CONSIDERED. RESPONSES THAT HAVE BEEN CREATED IN THE

SYSTEM, BUT THAT ARE NOT IN "SUBMITTED" STATUS BY THE OFFER SUBMITTAL DEADLINE

WILL NOT BE CONSIDERED.

It is the sole responsibility of the Bidder to submit their Bid before the scheduled time, as reflected in the City’s online bidding system.

If the City has reasonable objection to any proposed subcontractor at the time of award, it may request that the Apparent Low Bidder submit an acceptable substitute. If the Apparent Low Bidder declines to make any such substitution, then the City may award the Contract to the next lowest Responsive, Responsible Bidder.

APPARENT LOW BIDDER

The Apparent Low Bidder shall submit by 4:00 p.m. local time the 5th full business day following the bid opening:

A. Contractor Responsibility Form

If the Apparent Low Bidder is nonresponsive or nonresponsible and therefore ineligible for award, the City will notify the next Apparent Low Bidder and request the Contractor Responsibility Form to be submitted by 4:00 P.M. local time on the 5th full business day following notice.

C.18. BID OPENING

Bids will be opened and read aloud publicly at the date and time listed in the Notice or modified via Addendum. The As-Read Bid amounts will be made available to Bidders for public inspection within twenty-four (24) hours following bid opening in the Notice section of the Solicitation at https://procurement.opengov.com/portal/tucson-az.

C.19. OFFER AND AWARD OF CONTRACT

A. Notwithstanding any other provision of the Invitation for Bid, the City reserves the right to:

1. waive any immaterial defect, informality, omissions or commissions not involving price, time, or changes in the Work; or

2. withhold the award for any reason deemed in the best interest of the City

3. reject any or all bids, or portions thereof; or

4. reissue an Invitation for Bid.

B. The City may conduct such investigations as deemed necessary to assist in the evaluation of any Bid and to establish the Responsibility of the Offeror including, but not limited to, qualifications and financial ability of Bidders, proposed subcontractors, suppliers and other

BUSINESS SERVICES DEPARTMENT Page 14 of 57 persons and organizations to perform and furnish the Work in accordance with the Contract documents.

C. A response to the Invitation for Bid is an offer to contract with the City based upon the terms, conditions, and Specifications contained in the City’s Invitation for Bid. Bids do not become Contracts unless and until they are executed by the City’s Director of Business Services and City Attorney. A Contract has its inception in the award, eliminating a formal signing of a separate Contract. All of the terms and conditions of the Contract are contained in the Invitation for Bid, unless any of the terms and conditions are modified by an IFB Addendum, Contract Addendum, or by mutually agreed terms and conditions in the Contract documents.

D. Mistakes in bids shall be handled in accordance with the Tucson Procurement Code Section 28-17(6).

E. If in the best interests of the City, the award of the Contract will be made to the lowest Responsive and Responsible Bidder

If the Contract is to be awarded, the Contract Officer will give the successful Bidder a Notice of Intent to Award within sixty (60) days after the day of the Bid Opening, or within any mutually agreed upon extension of such sixty day time period. The successful Bidder shall sign and file with the City, within five (5) days after Notice of Intent to Award, all documents necessary to the successful execution of the Contract.

C.20. PAYMENT AND PERFORMANCE BONDS

Prior to the execution of the Contract, the successful Bidder will be required to furnish two (2) Bonds, one being the full amount (100%) of the contract price, to be designated the Statutory Performance Bond, conditioned that the Contractor shall fully perform the Contract; and one being in the amount of one hundred percent (100%) of the Contract price, to be designated the Statutory Payment Bond, conditioned that the Contractor shall pay for all labor and materials used or contracted for in the performance of the Contract. Such Bonds shall be secured by a surety company authorized to do business in the State of Arizona and acceptable to the City. Surety company agents furnishing Performance or Payment Bonds must file with the Procurement Department a document signed by an authorized officer of the surety company certifying that in the event the agent’s Power of Attorney is revoked, the company will give the Procurement Department direct notice thereof in writing and that such Power of Attorney will remain in full force and effect until such direct notice is given.

If any surety upon any bond furnished in connection with the Contract becomes unacceptable to the City, or if any such surety fails to furnish reports as to its financial condition from time to time as may be requested by the City, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of the City and of any persons supplying labor or materials in the prosecution of the Work contemplated by this Contract.

Additional information can be found in the General Terms and Conditions for Construction, Payment and Performance Bond.

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C.21. WITHDRAWAL OF SUBMITTAL; BINDING OFFER

By submitting an Offer in response to this Solicitation, Offeror is offering to enter into the Contract with the City. Offeror may withdraw a submitted Offer at any time prior to the Offer Submittal Deadline.

Telephonic or oral withdrawals are not effective.

Offeror cannot withdraw an Offer that is in “submitted” status as of the Offer Submittal Deadline unless the Director of the Business Services Department consents in writing to the withdrawal. The Offer will be irrevocable for 60 days after the Offer Submittal Deadline.

C.22. PROTESTS

Any interested party, may, in accordance with Article IX of the Tucson Procurement Code, protest either this solicitation or the award of a Contract under this solicitation. A protest based on alleged improprieties in this solicitation must be filed no later than five (5) working days before the Proposal Submittal Deadline. A protest of a proposed or actual award must be filed no later than ten (10) calendar days after the City issues a Notice of Intent to Award or, if no Notice of Intent to Award is issued, after the City issues a Notice of Award.

A protest must be made in writing and filed with the Contract Officer. It must include:

A. The name, address, and telephone number of the protestant;

B. The signature of the protestant or its representative;

C. The solicitation or contract number;

D. A detailed statement of the legal and factual grounds for the protest along with copies of all relevant documents; and

E. The form of relief requested.

C.23. VENDOR REGISTRATION; BUSINESS LICENSE

In order to be eligible for award of a contract, Offeror must:

A. Register with the City’s Business Services Department. Registration can be completed at https://procurement.opengov.com/portal/tucson-az Please note that email notifications of newly published solicitations and addenda will be provided to those vendors that select email as their preferred delivery method in their vendor record.

B. Obtain a City of Tucson Business License or a written determination from the City's Business License Section that a license is not required. For questions contact the City's Business License Section at (520) 791-4566 or email at license@tucsonaz.gov.

C.24. ARIZONA CONTRACTOR'S LICENSE

The Contractor must have the appropriate license issued by the State of Arizona Registrar of Contractors in order to bid and maintain same through the duration of the project. Failure to have the mailto:license@tucsonaz.gov

BUSINESS SERVICES DEPARTMENT Page 16 of 57 appropriate license at the time of bid opening may result in rejection of the bid without further recourse and award of the contract to the next low responsive, responsible bidder.

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D. SCOPE OF WORK

D.1. Scope of Work

Specifications for this project will follow Pima Association of Governments - Standard Specifications for Public Improvements (2014 or most recent edition).

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E. SPECIAL TERMS AND CONDITIONS

E.1. (ADA) AMERICANS WITH DISABILITIES ACT

The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (Public Law 101-336, 42 U.S.C. 12101-12213, 47 U.S.C. 225 and 611, and all regulations pertaining thereto), and the Arizonans with Disabilities Act of 1992 (A.R.S. 41-1492 et seq., and all regulations pertaining thereto).

E.2. ASSIGNMENT OF CONTRACT

No assignment by the Contractor of any Contract to be entered into hereunder, or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the City unless such assignment has had the prior approval of the City and the sureties have been given due notice of such assignment in writing and have consented thereto in writing.

E.3. BID SURETY

Bidders/Offerors shall furnish, with their bid/offer, a bid surety in the amount of NO VALUE% of their total bid/offer. This may be in the form of a bid bond, certified check, cashier’s check, letter of credit from a bank, certificate of deposit, money order or an annual bid and performance bond. When filing with the City, an annual bid and performance bond shall be in an amount no less than NO VALUE.

Checks provided as surety will be deposited by the City. Refunds will be made to any unsuccessful bidders/offerors upon determination of award.

E.4. CHILD/SWEAT-FREE LABOR POLICY

The Contractor shall comply with all applicable provisions of the United States Federal and State Child Labor and Worker's Right laws and agrees if called upon to affirm in writing, that they, and any subcontractor involved in the provision of goods to the City, are in compliance.

E.5. CONSTITUENT CLAIMS LANGUAGE

With regard to claims arising out of or related to this contract that are filed against the Contractor, the Contractor or Contractor’s representative is required to provide notice to the City’s Business Services Department - Procurement Division and Risk Manager within 60 calendar days following the date of the receipt by the Contractor of such claim. The notice to the City must include the following information:

(1) the date of the incident or occurrence that is the basis of the claim; (2) the damages identified in the claim; (3) the date of the Contractor’s written response to the claim; and (4) a copy of Contractor’s written response to the claim. Notification shall be deemed sufficient if given by (a) registered or certified mail, postage prepaid, return receipt requested, (b) private courier service, or (c) facsimile addressed to the respective addresses of the parties as first above written or at such other addresses as the respective parties may designate by like notice from time to time.

City of Tucson

Business Services Department - Procurement

BUSINESS SERVICES DEPARTMENT Page 19 of 57

255 W. Alameda, 6th floor

Tucson, Arizona 85701

Facsimile: 520-791-4735

City of Tucson

Business Services Department - Risk Management

255 W. Alameda, 5th floor

Tucson, AZ 85701

Facsimile: 520-624-2061

The Contractor acknowledges that the City may use contract performance, including performance of the requirements of this paragraph, in the City’s consideration of future contract awards; and that in connection with future contracting opportunities with the City, Contractor may be required to provide documentation demonstrating compliance with this paragraph.

E.6. FEDERAL IMMIGRATION LAWS AND REGULATIONS

Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23-214(A) and that it requires the same compliance of all subcontractors under this Contract. Contractor acknowledges that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Contract subject to penalties up to and including termination of this Contract. The City retains the legal right to audit the records of the Contractor and inspect the papers of any employee who works for the Contractor to ensure compliance with this warranty and the Contractor shall assist in any such audit. The Contractor shall include the requirements of this paragraph in each contract with subcontractors under this Contract.

If the Contractor or subcontractor warrants that it has complied with the employment verification provisions prescribed by sections 274(a) and 274(b) of the Federal Immigration and Nationality Act and the E-verify requirements prescribed by A.R.S. § 23-214(A), the Contractor or subcontractor shall be deemed to be in compliance with this provision. The City may request proof of such compliance at any time during the term of this Contract by the Contractor and any subcontractor.

E.7. HOUSING AND URBAN DEVELOPMENT (HUD) REQUIREMENTS

U.S. Department of Housing and Urban Development (HUD) funding may be utilized for the services under the resultant Contract. Therefore, the services under the resultant Contract are subject to the applicable HUD terms and conditions, included as attachments to this Solicitation. These terms and conditions cannot be modified or negotiated. By submitting a response, the Respondent agrees to abide by the applicable HUD terms and conditions included as attachments to this Solicitation and incorporated into the resulting Contract.

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E.8. HOUSING AND URBAN DEVELOPMENT (HUD) SECTION 3

A. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part 75, which implement Section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations.

C. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.

E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR Part 75.

F. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD-assisted contracts.

G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.

Parties to this Contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

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E.9. LIQUIDATED DAMAGES

The City will incur damages if the Contractor fails to complete the work within the specified time or any approved extensions thereof and that the liquidated damages specified herein represent a fair and equitable approximation of the City’s damages.

Liquidated damages shall be in the amount of $1,290.00for each calendar day of delay.

If the Contract is not terminated, the Contractor shall continue performance and be liable to the City for the liquidated damages until the products are delivered or the services performed.

In the event the City exercises its right of termination, the Contractor shall be liable to the City for any excess costs, and in addition, for liquidated damages until such time the City may reasonably obtain delivery or performance of similar supplies or services.

E.10. PERFORMANCE SURETY

The successful bidder/offeror(s) must furnish a performance surety in the amount of 100% of the awarded Contract amount within ten days after notice of award. The surety will be in the form of a bond, cashier's check, certified check, money order, letter of credit, or certificate of deposit. Personal or company checks are not acceptable unless certified.

E.11. SAFETY STANDARDS

The Bidder/Offeror shall certify that the equipment being bid/offered is designed and includes operating features that comply with the safety standard promulgated under the Federal Occupational Safety and Health Act (OSHA). If the equipment being bid/offered is governed by OSHA regulations the successful Bidder/Offeror is required to submit a certificate stating that such equipment complies with applicable OSHA standards.

During the term of this Contract, should there be modifications in federal and/or state laws and regulations regarding safety standards or other specifications and marketing procedures for the contracted item(s), the City of Tucson reserves the right to amend the Contract to provide for the delivery of items which conform to such changes. As a result, the City will negotiate any necessary price changes with the Contractor. Should negotiations fail the City may cancel the Contract for the affected items.

E.12. WARRANTY

Bidder/Offeror shall warrant that all equipment and parts furnished in their bid/offer are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered or installed. Warranty shall also guarantee accepted trade standards of quality, fitness for the intended uses, and conformance to promises or specified specifications. No other express or implied warranty shall eliminate the vendor’s liability as stated herein.

E.13. WRITTEN CERTIFICATION PURSUANT TO A.R.S. §35-394

If Contractor engages in for-profit activities and has at least ten full time employees, Contractor certifies that Contractor does not currently, and agrees for the duration of the contract that it will not, use: 1) the

BUSINESS SERVICES DEPARTMENT Page 22 of 57 forced labor of ethnic Uyghurs in the People’s Republic of China; 2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and 3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. If Contractor becomes aware during the term of the contract that it is not in compliance with the written certification, it must notify the City within five business days after becoming aware of the noncompliance. This Contract will be automatically terminated 180 days after the date of the notice unless Contractor has, before the end of that period, notified the City that the noncompliance has been remedied.

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F. INSURANCE REQUIREMENTS

F.1. The Contractor agrees to:

A. Obtain insurance coverage of the types and amount required in this section and keep such insurance coverage in force throughout the life of this contract. All policies will contain an endorsement providing that written notice be given to the City at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy.

B. The Commercial General Liability, Commercial Automobile Liability and umbrella policies where applicable will include the City as an additional insured with respect to liability arising out of the performance of this contract. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. The Contractor agrees that the insurance hereunder will be primary and that any insurance carried by the City will be excess and not contributing.

C. Provide and maintain minimum insurance limits as applicable.

F.2. Commercial General Liability

Policy shall include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability:

Each Occurrence: $1,000,000

General Aggregate: $2,000,000

Products & Completed Operations Aggregate: $2,000,000

Personal and Advertising Injury: $1,000,000

Blanket Contractual Liability: $1,000,000

F.3. Commercial Automobile Liability

Policy shall include Bodily Injury and Property Damage, for any owned, Hired, and/or Non-owned vehicles used in the operation, installation and maintenance of facilities under this agreement.

Combined Single Limit: $1,000,000

F.4. Worker's Compensation (Applicable to the State of Arizona)

Per Occurrence: Statutory

Employer's Liability: $1,000,000

Disease Each Employee: $1,000,000

Disease Policy Limit: $1,000,000

*Sole Proprietor/Independent Contractor designation is given to those who desire to waive their rights for workers’ compensation coverage and benefits as outlined in ARS§ 23-901 and specifically ARS §

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23-961 (O). If applicable, please request the Sole…