REQUEST FOR QUALIFICATION

CITY OF KINGMAN

Building Maintenance

2026-RFQ-007

JOB ORDER CONTRACTING FOR HVAC

ISSUE DATE: June 19, 2026

PROPOSAL DUE DATE: July 28, 2026, 12:00 pm (Arizona Time)

CONTACT PERSON:

Shane Shilstone, Project Manager

(928) 692-3106 sshilstone@cityofkingman.gov

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

PLEASE NOTE: Bidder is responsible for obtaining any addenda and acknowledging it through the procurement portal.

https://secure.procurenow.com/portal/%7bproject.government.code%7d

CITY OF KINGMAN

I. INTRODUCTION

II. SCOPE OF SERVICES AND TERMS & CONDITIONS

III. RESPONSE INSTRUCTIONS AND REQUIREMENTS

IV. INSURANCE REQUIREMENTS

V. SELECTION PROCESS AND CONTRACT AWARD

VI. EVALUATION CRITERIA

VII. PREFERENCE IN PURCHASING

VIII. VENDOR QUESTIONNAIRE

Request for Qualification #2026-RFQ-007, Job Order Contracting for HVAC 3

1. INTRODUCTION

1.1. General Information

The City of Kingman, Arizona (City) is seeking a Request for Qualifications for Job Order Contracting for the provision of comprehensive HVAC services. The JOC will serve as an indefinite delivery, indefinite quantity (IDIQ) contract to facilitate timely completion of repair, replacement, maintenance, and minor construction projects related to heating, ventilation, and air conditioning systems across City facilities.

The City may select three (3) to five (5) of the highest-ranked Contractors for interviews and make its determination of the final list based on the combined results of the SOQ review and evaluation. The term of this contract will be one (1) year with four (4) additional one-year renewal options. However, services will be requested on an as-needed basis, and the resulting contract is neither exclusive nor commits the City to requiring the Contractor's services. Any work issued via a JOC will be estimated at the time work order is issued, and prices will be negotiated by one contractor at a time. If a price cannot be mutually agreed on, the City may contact another qualified Contractor for pricing.

A Selection Committee will evaluate each SOQ according to the listed criteria, and the evaluation will be based solely on the qualifications of the firm/team. The selection panel will produce a rank-ordered list of at least the top three, but no more than five firms. Interviews may be conducted as part of the selection process. The City may enter into negotiations with the top three-ranked firms and execute a contract upon completion of negotiation of fees and contract terms for City Council approval as soon as possible.

The City's goal is to obtain highly skilled contractor to provide HVAC services.

The City provides a full range of services, including public safety, highways and streets, economic development, parks, golf, pools, recreation, water, wastewater, solid waste, airport, development services, and other administrative/support services. The City serves as the Mohave County, Arizona, seat and has a population of more than 35,000. It employs 400+ full-time employees who provide services for 31 divisions. More detailed information on the City and its finances can be found in the City's Annual

Comprehensive Financial Report on the City's website at www.cityofkingman.gov.

1.2. BACKROUND

Job Order Contracting is an alternative delivery method for the construction or repair of public works projects. JOC’s differ from the standard project-specific, low-bid contracts in that they are indefinite-quantity contracts, which can be awarded on the basis of qualifications. Best value may be considered in awarding the JOC or in awarding job orders under the JOC contract.

1.3. Submittal Location and Details

Responses must be submitted electronically through the City's procurement portal at https://procurement.opengov.com/portal/cityofkingman by no later than 12:00 pm, Arizona time, on

Tuesday, July 28, 2026. Any response received after 12:00 pm, Arizona time, on Tuesday, July 28, 2026 will not be accepted.

Mailed, faxed, hand-delivered, and e-mailed Responses will not be accepted. Mailed Responses will be disposed of, unopened, and will not be returned to the Respondent.

http://www.cityofkingman.gov/ https://procurement.opengov.com/portal/cityofkingman

Request for Qualification #2026-RFQ-007, Job Order Contracting for HVAC 4

The City anticipates selecting and notifying the selected firm by June 25, 2026 and requesting the award of the contract at the City Council Meeting on July 21, 2026. There is not an expressed or implied obligation for the City of Kingman to reimburse responding proposers for any expenses incurred in preparing proposals in response to this request.

During the evaluation process, the City of Kingman reserves the right, where it may serve in the City’s best interest, to request additional information or clarification from proposers. At the discretion of the City of

Kingman, each respondent submitting a response may be requested to attend interviews as part of the evaluation process.

The City of Kingman reserves the right to retain all responses submitted and to use any ideas in a response, regardless of whether that response is selected. Submission of a response indicates acceptance by the respondent of the conditions contained in this request for qualifications.

1.4. RFQ Schedule

The City anticipates the following general timeline of key events during the response evaluations and contract award period:

Post RFQ: June 19, 2026

Pre-Proposal Meeting (Non-Mandatory): June 30, 2026, 1:00pm

3700 E. Andy Devine Public Works Meeting

Room

Questions from Respondents Due: July 13, 2026, 12:00pm

Last Day for an Addenda: July 17, 2026

Response Due Date: July 28, 2026, 12:00pm

Evaluate Proposals: August 6, 2026

Notice of Intent to Award: August 12, 2026

Contract negotiations: August 13th through August 21st

Council Contract Award: September 15, 2026

1.5. Terms of Engagement

The term of this contract shall commence upon award and shall remain in effect for a period of one(1) year, unless terminated, canceled, or extended as otherwise provided herein. The Contractor agrees that the City of Kingman shall have the right, as its sole option, to renew the contract for four(4) additional one (1) year periods, or portions thereof. If the City chooses to exercise this option, all terms, conditions, and provisions of the original contract shall remain the same and apply during the renewal period. If Contractor wishes to

Request for Qualification #2026-RFQ-007, Job Order Contracting for HVAC 5 discontinue and “opt out” of a contract extension, Contractor must issue a refusal to proceed in writing to the Project Manager at least 30 days prior to the renewal date.

1.6. Non-Mandatory Pre-Selection Meeting

A Non-MandatoryPre-Selection Meeting will be held at 1:00 pm, Arizona time, on Tuesday, June 30, 2026 at 3700 E. Andy Devine Public Works Meeting Room. Statements made by City representatives during pre-selection meetings are not binding unless the City has confirmed through written addendum.

1.7. Questions

Questions regarding this solicitation must be submitted online through the OpenGov portal. Questions must be received by no later than the date and time specified in the timeline included in this RFQ (Questions Due

From Proposers).

2. SCOPE OF SERVICES AND TERMS & CONDITIONS

2.1. JOB ORDER CONTRACT (JOC) HVAC SERVICES

This solicitation is a Request for Qualifications for Job Order Contracting for the provision of comprehensive HVAC services. The JOC will serve as an indefinite delivery, indefinite quantity (IDIQ) contract to facilitate timely completion of repair, replacement, maintenance, and minor construction projects related to heating, ventilation, and air conditioning systems across City facilities.

Work under this contract may include, but is not limited to:[JP1]

• Emergency HVAC repairs. Work SHALL begin per special terms and conditions A. Priority Level

1. (IT/Data Rooms, Emergency Operations (EOC), Police Station, Fire Stations, and Dispatch

Center)

• Preventive maintenance of HVAC systems

• Replacement of rooftop units (RTUs), split systems, and package units

• Installation of new HVAC equipment

• Ductwork repair or replacement

• Controls and thermostat upgrades

• Air balancing and system commissioning

• Refrigerant management and compliance

• Energy efficiency improvements

• Related electrical and mechanical work

• Demolition and disposal of existing equipment

The Contractor shall perform work through individually issued Job Orders based on a pre-established unit price book and competitively bid coefficient. Each Job Order will define scope, schedule, and cost prior to issuance of a Notice to Proceed.

Request for Qualification #2026-RFQ-007, Job Order Contracting for HVAC 6

2.2. SPECIAL TERMS AND CONDITIONS

1. Number of Contracts to be Awarded. The City intends to award up to three (3) contracts for each of the trades listed above and the services described herein.

2. Basis for Awarding Individual Job Orders. In the event the City awards more than one (1) contract for these services, individual job orders will be awarded based upon consideration of the firm’s ability to complete the work expeditiously and the proposed cost, which will be negotiated at the letting of the scope. The City intends to request price and schedule proposals from only one (1) Contractor at a time. If a price cannot be agreed on, then the City will cease discussions with the Contractor and open discussions with another Contractor. The City reserves the right to award job orders as it deems to be in its best interest.

a. Scope, schedule, price, and liquidated damages (if applicable) are agreed upon in a fully executed Notice to Proceed letter prior to the Contractor beginning the work.

3. The Contractor shall be available on a 24/7 (365) day work basis throughout the term of the contract unless notified in writing by the City that this requirement may be temporarily waived due to the Contractor's approved written request or a reduced need by the City. The Contractor must be available to commence work on assignments based on their Priority as listed below:

a. Priority level 1 – Upon notification of an emergency HVAC service call-out by the City, the Contractor shall respond immediately and shall have a qualified

HVAC technician physically on-site within two (2) hours or less from the time of notification. Time is of the essence for all emergency HVAC call-outs, particularly where failure of systems may impact life safety, critical operations, or occupant health. The Contractor acknowledges that failure to meet the required response time will result in damages to the City that are difficult to quantify. Therefore, the Contractor agrees that liquidated damages are a reasonable estimate of such damages and shall be assessed as follows: $200.00 for each hour, or portion thereof, beyond the required two (2) hour response time for IT/Data Rooms, Emergency Operations (EOC), Police Station, Fire Stations, and 911 Dispatch

Center)

b. Priority level 2 – Work must begin within 24 hours

c. Priority level 3 – Work must start within three (3) weeks

d. Priority level 4 – Work times will be mutually agreed to by both parties.

4. Compensation and Method of Payment. In consideration of the performance of the services described in the Scope of Services of each individual job order and pursuant to the master Scope of Work herein, the City shall pay the Contractor in accordance with the negotiated contract price, and the Contractor shall charge the City only in accordance with those same prices. Compensation under this contract should not exceed $2,000,000 per individual job order unless a waiver is requested and granted by the City of Kingman

Request for Qualification #2026-RFQ-007, Job Order Contracting for HVAC 7

Project Manager. The City will pay the Contractor following the submission of itemized invoice(s) for the service rendered. No payment shall be issued prior to receipt of material or service and a correct invoice. All requests for payment shall follow a format to be approved by the Project Manager. Invoices shall be submitted monthly on a job-by-job basis.

5. Bonding Requirements. Bonding shall be on a project-by-project basis and provided when directed by the Project Manager. The bond must cover the total estimated cost of the work as mutually agreed to by both parties. Bonding requirements shall be in accordance with A.R.S.

34-610

6. Performance Rating. At the completion of each term or termination of this contract, the

City will evaluate the Contractor based on performance under this contract. This rating will be used in the overall evaluation of the Contractor when applying for future work with the

City.

7. Audit and Inspection of Records. The Contractor shall permit the authorized representatives of the City of Kingman to inspect and audit any books, documents, papers, data, and records relating to its performance under the contract until the expiration of three

(3) years after final payment under this contract. The City shall have the right to audit and/or examine such records at any time during the progress of this contract and shall withhold payment if such documentation is found by the City to be incomplete or erroneous. A) The following access to records requirements will apply to this contract: • The Contractor agrees to provide the City of Kingman or any of its authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. • The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the City of Kingman or any of its duly authorized representatives have disposed of all such litigation, appeals, claims or exceptions related thereto.

8. Contract Amendments. The City of Kingman has the sole authority to: A) Amend the contract or enter into supplemental or written agreements; B) Grant time extensions or contract renewals; C) Otherwise modify the scope or terms and provisions of the contract.

The contract shall only be modified with the approval of the Project Manager. Except in the case of a documented emergency, approval must be granted prior to performance. Any contract modification not explicitly approved by the Project Manager through a written contract amendment or change order is performed at the sole risk of the Contractor and may not be eligible for payment by the City.

9. Cooperative Purchasing: This contract shall be for the use of the City of Kingman. In addition, specific eligible political subdivisions and nonprofit educational or public health institutions may also participate at their discretion. In order to participate in any contract, a political subdivision or nonprofit educational or public health institution may participate in this specific solicitation, and the contractor must be in agreement with the cooperative transaction. In addition to cooperative purchasing, any eligible agency may elect to participate

Request for Qualification #2026-RFQ-007, Job Order Contracting for HVAC 8

(piggyback) on the contract; the specific eligible political subdivision, nonprofit educational or public health institution, and the contractor must be in agreement. Any orders placed to the contractor will be placed by the specific agencies participating in this purchase. Payment for purchases made under this cooperative agreement will be the sole responsibility of each participating agency. The City shall not be responsible for any disputes arising out of transactions made by others.

10. 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 Rights 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.

11. Federal Immigration Laws and Regulations. The 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.

A) 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.

(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 thereto), and the Arizonans with

Disabilities Act of 1992 (A.R.S. 41-1492 et seq., and all regulations pertaining thereto).

12. City of Kingman Business License. The Contractor shall maintain in current status all

Federal, State, and local registrations, licenses, and permits, including a City of Kingman business registration, required for the operation of the business conducted by the Contractor as applicable to this contract.

13. Arizona Law. This contract shall be governed and interpreted in accordance with the laws of the State of Arizona.

Request for Qualification #2026-RFQ-007, Job Order Contracting for HVAC 9

14. CONTRACTOR hereby certifies that it is not currently engaged in, and agrees for the duration of this Contract that it will not engage in, a boycott of Israel, as that term is defined in A.R.S. §35-393.

15. Jurisdiction and Venue. The parties agree that this contract is made in and shall be performed in Mohave County. Any lawsuits between the parties arising out of this contract shall be brought in the courts of Mohave County in the State of Arizona, which shall have exclusive jurisdiction over such lawsuits.

16. Fees and Costs. Except as otherwise agreed by the parties, the prevailing party in any adjudicated dispute relating to this contract is entitled to an award of reasonable attorney’s fees, expert witness fees and costs including, as applicable, arbitrator fees; provided, however, that no award of attorney’s fees shall exceed ten percent (10%) of the damages awarded the prevailing party unless the non-prevailing party has been determined to have acted in bad faith or in a frivolous manner during theadjudication.

17. Notices. All notices or demands required to be given pursuant to the terms of this contract shall be given to the other party in writing, delivered by hand or registered or certified mail, at the addresses set forth below, or to such other address as the parties may substitute by written notice given in the manner prescribed in this paragraph.

In the case of CITY:

City of Kingman

Public Works Department

3700 E. Andy Devine Ave.

Kingman, AZ 86401

(928) 692-3118

In the case of CONTRACTOR:

Company Name:

Contact:

Address:

City, State, Zip:

Telephone Number:

Notices shall be deemed received on date delivered, if delivered by hand, and on the delivery-date indicated on receipt if delivered by certified or registered mail.

2.3. GENERAL CONDITIONS FOR CONSTRUCTION

1. DEFINITIONS

Request for Qualification #2026-RFQ-007, Job Order Contracting for HVAC 10

Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated, which are applicable to both the singular and plural thereof:

Project Manager - the City official administering the Contract for the City of Kingman. The person acting as Project Manager and who has the authority to award and revise City solicitations and contracts for construction, construction services, and construction-related services as necessary.

Amendment - written or graphic instrument issued prior to the due date which clarifies, corrects or changes the Solicitation. Architect/Engineer - the person licensed to practice architecture/engineering by the State of Arizona and who is identified as the Architect/Engineer of Record, may be utilized to provide construction administration services. Bonds - bid, performance, and payment bonds and other instruments of security.

Change Order - a document approved by the Project Manager and which is signed by the Contractor and the City’s Administrative General Manager or duly authorized designee and authorizes an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Completion time, issued on or after the effective date of the Contract.

City - means the City of Kingman, Arizona, a municipal corporation.

Completion Time - the number of consecutive calendar days agreed to by the City and Contractor for completion of the Work, which may be revised by written Change Order.

Construction – the process of building, altering, repairing, improving, or demolishing any public structure or building or other public improvements of any kind to any real public property.

Construction Services – either of the following for construction-manager-at-risk, design-build, and job-order- contracting project delivery methods: a) construction, excluding services, through the construction-manager-at-risk or job-order contracting project delivery methods; b) a combination of construction and, as elected by the City, one or more related services, such as finance services, maintenance services, operations services, design services, and preconstruction services.

Contract - the written agreement and all associated attachments, drawings, amendments, and change orders executed between the City and the Contractor covering the Work to be performed.

Contract Price - the amount payable by the City to the Contractor for satisfactory completion of the Work, and as specified in the Contract as may be amended by written Change Order, or, in the case of a job- order contract, in the Notice to Proceed.

Contract Officer - the City official who conducts the solicitation process to secure a Contractor for the

Work and who acts under the authority and direction of the City’s Administrative Services General Manager and in accordance with the Kingman Procurement Code. Contractor - the person, firm, or corporation with whom the City has entered into the Contract.

Design Services – architect services, engineer services, or landscape architect services.

Drawings - the graphic and pictorial portions of the contract, wherever located and whenever issued, showing the configuration, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.

Request for Qualification #2026-RFQ-007, Job Order Contracting for HVAC 11

Estimate for Payment - a form furnished by the City or an approved form submitted by the Contractor in lieu of a city-furnished form, and is required to be used when submitting requests for payments for work actually performed and materials supplied during an agreed-upon preceding period of time.

Field Order - a written order or directive issued by the Project Manager that orders minor changes in the

Work.

Final Completion Date - the calendar date when the Work is one hundred percent (100%) complete as determined by the City.

Job-Order-Contracting – same as JOC (below)

JOC – a project delivery method in which the contract is a requirement contract for indefinite quantities of construction and in which specified job orders are issued during the contract and may include finance services, maintenance services, operations services, preconstruction services, and design services.

Liquidated Damages – Priority levels and completion times will be specified in the Notice to Proceed and in compliance with MAG Table 108-1. Applicable liquidated damages will be assessed for each day the

Work remains incomplete after the scheduled completion date. This amount is agreed upon because of the impracticability and extreme difficulty of ascertaining the actual damages the City will sustain on account of late completion.

Maintenance Services – routine maintenance, repair, and replacement of existing facilities, structures, buildings, or real property.

Notice to Proceed - a written notice given by the City to the Contractor fixing the date on which the

Completion time will commence and upon which the Contractor shall start to perform the Contractor's obligations under the Contract. In the case of a job order, it may also include specifications exclusive to the job order, as well as considerations for the Contractor.

Public Inspector(s) - that person or persons provided by the public authorities having code jurisdiction and who perform day-to-day inspections of the Work for compliance with applicable codes.

Schedule of Values - a schedule submitted by the Contractor setting forth the values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the

Project Manager may require. This schedule must be submitted before the Contractor submits its first application for a progress payment and shall serve as a basis for reviewing and approving payments to the

Contractor.

Shop Drawings - drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for the Contractor to illustrate, in detail, how some portion of the Work shall be fabricated and/or installed, and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by the Contractor to illustrate material or equipment for some portion of the Work.

Specifications - those portions of the Contract, or Notice to Proceed if a Job Order, consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto.

Substantial Completion – a written declaration of the date upon which the City, in its sole discretion, determines the Work is substantially complete, such that the City has beneficial use and/or occupancy.

Upon substantial completion, the right of the City to assess liquidated damages for time after the date of

Request for Qualification #2026-RFQ-007, Job Order Contracting for HVAC 12 substantial completion ceases, except as allowed for failure to meet final completion within thirty days of substantial completion.

Kingman Procurement Code – in addition to applicable state statutes and applicable federal regulations and requirements, the municipal ordinance that governs the construction services contracting process, as well as contract administration processes, including the resolution of contract claims, disputes, and controversies.

The Work - the entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract, or, in the case of a job-order contract, within individual Notices to

Proceed. Work is the result of performing services, furnishing labor, and furnishing and incorporating materials and equipment into the construction, all as required by the Contract and/or Notice to Proceed, as appropriate.

2. THE CONTRACT: ITS EXECUTION AND INTENT

2.1 The Contract

2.1.1 The documents in the Contract include any amendments, drawings, change orders, and approved Contractor submittals.

2.1.2 The Contract comprises the entire agreement between the City and the Contractor concerning the Work and supersedes any prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by an instrument in writing and fully executed by the authorized parties to the Contract.

2.2 Intent of the Contract

2.2.1 The intent of the Contract is to include all labor, materials, equipment, transportation, and all other costs and expenses necessary for the proper execution and completion of the Work by the Contractor.

2.2.2 The Contractor shall take no advantage of any apparent error or omission in the plans, estimated quantities, or specifications. In the event the Contractor discovers such an error or omission after contract award, the Contractor shall immediately notify the

Project Manager. The Project Manager shall then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the contract.

2.2.3 The Contract shall be construed in accordance with the laws of the State of

Arizona, and all such laws regulating the construction of public works by the City are hereby incorporated herein by reference and made a part hereof.

2.2.4 Materials or work described in words, which have a well-known technical or trade meaning, shall be held to refer to such recognized standards.

2.2.5 The organization of the Contract into divisions, sections, or articles is merely for the purpose of convenient reference, and neither the headings nor divisions shall have any legal or Contractual significance and shall not control the division of the Work by the Contractor among the various subcontractors or trades.

Request for Qualification #2026-RFQ-007, Job Order Contracting for HVAC 13

2.2.6 The Contractor shall include all applicable utility fees, permits, licenses, etc., in each estimate or proposal submitted. 2.3 Execution 2.3.1 Execution of the Contract by the Contractor is a representation that the Contractor has thoroughly examined the

Contract.

2.3 Execution

2.3.1 Execution of the Contract by the Contractor is a representation that the Contractor has 15 thoroughly examined the Contract.

2.4 Ownership of the Contract

2.4.1 The Contract, including, but not limited to, the drawings and specifications, is the property of the City and is not to be used by the Contractor or any subcontractor on other projects outside the scope of the Work without the express written consent of the

City.

3. ADMINISTRATION OF THE CONTRACT

3.1 Lines of Authority and Communications

3.1.1 The City Council has overall authority and responsibility for the award and administration of City Contracts. The City Council or its designated Finance

Department representative, after consultation with the Project Manager, has the ultimate authority to resolve disputes concerning Contract performance and to stop the

Work whenever such stoppage may be necessary to ensure the proper execution of the

Work.

3.1.2 The City Contract Representative (Project Manager) is the designated representative of the particular City department for which the Work is being constructed (the “user department”) or the City department which is responsible for the oversight of the work.

3.1.3 Day-to-day administration of the Contract is the responsibility of the Project

Manager. The Project Manager is the City’s representative during the prosecution of the Work and shall act as the City's surveillance and technical advisor. The Project

Manager's duties are more fully described in Section 3.2 of this Article.

3.1.4 The Contractor shall supervise and direct the Work and shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work, unless the

Contract gives other specific instructions concerning these matters. The Contractor's duties and responsibilities are more fully described in Article 4 of these Contract conditions.

3.1.5 Except where the Contract otherwise provides or where direct communication has been specifically authorized, the Contractor shall initially communicate with the

Project Manager.

3.2 Project Manager’s General Authority and Responsibilities

Request for Qualification #2026-RFQ-007, Job Order Contracting for HVAC 14

3.2.1 Unless the Contractor is responsible for the design of the Work, the Project

Manager shall furnish to the Contractor, free of charge unless it is provided otherwise in the Contract, up to three copies of drawings, specifications, and instructions available for the execution of the Work. The Project Manager may furnish additional clarifications or interpretations in writing or by drawings as may be necessary for the proper progress and execution of the Work. Such additional clarifications and interpretations shall be furnished with reasonable promptness, and the Contractor shall not do work without drawings or written clarifications where needed. All drawings, specifications, and copies thereof furnished by the Project Manager are City property.

They are not to be used for other work and, with the exception of the signed Contract, are to be returned to the Project Manager upon completion of the work.

3.2.2 The Project Manager shall make general surveillance of the Work. By making sufficient periodic visits to the site of the Work, the Project Manager will become thoroughly familiar with the progress and quality of completed portions of the

Work and will assess whether the Work is being performed in a manner indicating that, when completed, the Work will be in accordance with the Contract.

3.2.3 The Project Manager will decide all questions which may arise as to the quality and acceptability of materials furnished and Work performed, and as to the rate of progress of the Work, 16, and all questions which may arise as to the interpretation of the drawings and specifications.

3.2.4 The Project Manager shall have the authority to reject work that is not in conformity with the Contract and to order additional inspections and testing of the

Work. The Project Manager's failure during the progress of work to discover or reject materials or work that are not in accordance with the plans, specifications, or contract documents shall not be considered acceptance of the work or materials or a waiver of defects. Neither the failure of the Project Manager to properly perform inspections, tests, or approvals required by the contract documents nor the activities or duties of the

Project Manager in the administration of this contract shall relieve the Contractor from the contractor's responsibility for the means, methods, techniques, sequences, or scheduling of the construction or the obligation to perform the work in strict accordance with the contract documents.

3.2.5 The Project Manager shall conduct an initial review of, and approve or deny, written Change Orders submitted by the Contractor, and may prepare Change Orders and provide field clarifications and corrections. All Change Orders shall be approved by the City Council or their designee prior to any work being done. However, in emergencies endangering life or property, the Project Manager may act and issue orders deemed necessary to avert loss of life or property.

3.2.6 The Project Manager, pursuant to Article 10 of these General Conditions, shall make recommendations to the Contract Officer as to all claims of the Contractor.

3.2.7 The Project Manager will review and process the Contractor’s monthly Estimates for Payment, as more fully set forth in Article 7 of these General Conditions.

Request for Qualification #2026-RFQ-007, Job Order Contracting for HVAC 15

3.2.8 The Project Manager will conduct and cause to be conducted inspections to determine the dates of Substantial Completion and Final Completion and will certify such dates to the Contract Officer.

3.2.9 The Project Manager will not have control over or charge of, and will not be responsible for, construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility.

3.3 Public Inspections

3.3.1 Unless otherwise specifically provided in the Contract, Public Inspectors who perform daily inspections of the Work for compliance with applicable codes will have authority to require compliance with drawings, specifications, and applicable codes, and may provide clarification of any unspecified or unclear item or situation.

3.3.2 If the drawings or specifications, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Project

Manager timely notice of its readiness for inspection. If the inspection is by an individual, authority, or entity other than the Project Manager or the Public Inspectors, the Contractor shall advise the Project Manager of the date fixed for such inspection.

3.3.3 All tests, inspections, or approvals required to be performed by the Project

Manager, Public Inspectors, or other authorities or entities shall not relieve the

Contractor of their obligation to perform the Work in accordance with the Contract.

3.4 Special Inspections and Testing of Materials

3.4.1 All equipment and materials used in the construction of the Work, especially those upon which the strength and durability of the structure may depend, will be subject to adequate inspection and testing in accordance with accepted standards, to establish conformance with specifications and suitability for the use intended, as determined by the Project Manager.

3.4.2 The performance of tests and the engagement of testing laboratories or agencies must have the prior approval of the Project Manager. Except as provided in subsection

3.4.3, the City will pay for approved tests and services rendered by the approved laboratory or agency in addition to the Contract price for construction.

3.4.3 When initial tests indicate that any portion of the Work is not in conformance with the Contract because of faulty workmanship, the Contractor shall be required to pay for necessary retests. When initial tests indicate that the work is in conformance with the Contract, any re-testing that’s ordered by the City shall be paid for by the City.

4. THE CONTRACTOR'S DUTIES AND RESPONSIBILITIES

4.1 Contractor's Review of Contract and Site Conditions

4.1.1 It shall be the duty of the Contractor to carefully study and compare all drawings, specifications, and instructions. If any discrepancies, errors, omissions, or inconsistencies are discovered in the drawings or specifications, or between the drawings and specifications, or there are any conflicts between existing site conditions

Request for Qualification #2026-RFQ-007, Job Order Contracting for HVAC 16 and the requirements of the drawings and specifications, the Contractor shall immediately call all such discrepancies to the attention of the Project Manager.

4.1.2 The Contractor shall be required to use, for data and dimensions, figures marked on the drawings in reference to what the drawings may measure to scale; but in the absence of figured dimensions, scale dimensions may be used with the prior written concurrence of the Project Manager. The Contractor shall verify all dimensions shown and check all measurements in connection with any present building or buildings, or other existing conditions, before executing any work. Errors or inconsistencies shall be reported to the Project Manager immediately. It is the Contractor's responsibility to provide BLUESTAKE verification of underground utilities that may impact the construction site.

4.1.3 Change orders will not be issued to cover any cost, loss, or expense for additional labor or materials required to rectify any error or inconsistency in the drawings and specifications unless prior authorization is given by the Project Manager.

4.1.4 The Contractor shall perform the Work in accordance with the Contract and with shop drawings, product data, and samples that have been approved by the Project

Manager.

4.1.5 Notwithstanding the above provisions, if the Contractor is responsible for the design of the Work, the Contractor shall ensure the accuracy and completeness of the drawings, specifications, and instructions. If any discrepancies, errors, omissions, or inconsistencies are discovered in the drawings or specifications, or between the drawings and specifications, or there are any conflicts between existing site conditions and the requirements of the drawings and specifications, the Contractor shall immediately call all such discrepancies to the attention of the City Contract

Representative and shall be responsible for any required corrective action.

4.2 Contractor's Supervision

4.2.1 The Contractor shall efficiently and continuously supervise and direct the Work, using its best skill and attention. Unless the Contract specifically provides otherwise, the Contractor shall be solely responsible for and shall exercise control over construction means, methods, techniques, and procedures, and shall coordinate the sequences of all portions of the Work.

4.2.2 The Contractor shall ensure that the key personnel submitted in response to the

Request for Qualifications and assigned to this Contract are available throughout the term of the Contract. In the event that the Contractor requests substitution of key personnel, the Contractor shall obtain prior approval from the City for key personnel substitution. The Contractor shall ensure that 18 substituted personnel are equally qualified and capable. Information on the qualifications of proposed substitutes shall be provided to the City for its consideration and approval prior to substitution taking place.

4.2.3 The Contractor agrees that it is as fully responsible to the City for the acts and omissions of its subcontractors and of persons, either directly or indirectly employed

Request for Qualification #2026-RFQ-007, Job Order Contracting for HVAC 17 by the Contractor, as it is for the acts and omissions of persons directly employed by the Contractor.

4.3 Materials and Labor; Warranty

4.3.1 Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, equipment, tools, construction equipment and machinery, water, gas, heat, utilities, transportation, and other facilities and services necessary for the execution, completion, and delivery of the Work within the specified CompletionTime.

4.3.2 The Contractor shall pay all applicable taxes associated with the.

4.3.3 The Contractor warrants to the City that all materials and equipment furnished under the Contract will be new unless otherwise specified, and that all of the Work will be of good quality, free from faults and defects, and in conformance with the Contract.

All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.

4.3.4 The Contractor shall furnish all materials required to complete the Work, except those specified to be furnished by the Agency. The Contractor shall receive, inventory, store, inspect, protect, distribute, and install Agency-furnished material unless otherwise specified. The cost of handling and placing all materials after they are delivered to the Contractor shall be considered as included in the contract price for the item in connection with which they are used. The Contractor shall be held responsible for all material delivered to the Contractor. Deductions shall be made from any monies due the Contractor to make good any shortages or deficiencies, from any cause whatsoever, and for any damage which may occur after such delivery, and for any late delivery charges.

4.3.5 The Contractor will be held to furnish all Work as specified in the Contract. After a price proposal for the Work has been accepted by the City, changes to brand-named, trade-named, trademarked, or patented articles, or any other substitutions, will be allowed only by written order signed by the Project Manager. Unless otherwise agreed via Change Order, the City shall receive all benefits from the cost difference.

4.3.6 Materials not conforming to the requirements of the specifications, whether in place or not, shall be rejected and shall be promptly removed from the site of the Work, unless otherwise directed by the Project Manager. No rejected material, the defects of which have been corrected, shall be returned to the work site until such time as approval for its use has been given by the Project Manager.

4.4 Construction Schedules and Submittals

4.4.1 Before commencing the Work, the Contractor shall provide the Project Manager with a construction schedule for the Work, fixing the dates at which various pre-determined events shall occur in order to promote a timely completion of the various parts of the Work in accordance with the Contract. The schedule may be revised from time to time as required by the conditions of the Work, but shall not exceed the time limits, or any extensions thereof, set forth in the Contract or in the individual job order, unless approved by the Project Manager as appropriate.

Request for Qualification #2026-RFQ-007, Job Order Contracting for HVAC 18

4.4.2 The Contractor shall prepare and keep current for the Project Manager's approval a schedule of submittals, which shall be coordinated with the Contractor's construction schedule and allow the Project Manager reasonable time to review such submittals.

4.4.3 After review, the Project Manager, with reasonable promptness, shall approve shop or setting drawings, product data, samples, and sequences for conformance with the design concept of the project, the approved construction schedule, and other requirements of the Contract.

4.4.4 The Contractor shall make any corrections required by the Project Manager and resubmit such corrected materials to the Project Manager for approval. Any correction or change that will result in a design or function change or in an increase or decrease in the Contract price must also receive the prior approval of the City’s Administrative

Services General Manager or their designee.

4.4.5 The Contractor shall perform no portion of the Work requiring submittal and review of shop drawings, product data, samples, or schedules until the respective submittals have been approved by the Project Manager, and shall not deviate from such submittals after final approval by the Project Manager.

4.4.6 As-builts documents must be provided to the City by the Contractor within thirty days of substantial completion. The City reserves the right to withhold final payment until complete as-builts have been received in good order by the Project Manager.

4.5 Documents and Samples at the Work Site

4.5.1 Unless otherwise directed by the Project Manager, the Contractor shall maintain at the Work site a complete file of the drawings, specifications, amendments, change orders, and other approved modifications, in good order and marked to reflect changes and selections made during construction, together with all approved shop drawings, product data, samples, and similar required submittals. Such files shall be made available to the Project Manager and Public Inspectors upon request.

4.6 Protection and Use of Site - (Signs, Utilities, Water, Sanitation, Traffic, etc.)

4.6.1 The City will provide land, rights-of-way, and easements for all work specified in the Contract. The Contractor shall confine their apparatus, the storage of materials, and the operations of their workmen to limits indicated by law, ordinances, permits, or directions of the Project Manager, and shall not unreasonably encumber the premises with their material and equipment.

4.6.2 Contractor shall prevent any damage to pipes, sewers, computer and phone lines, conduits or other structures, including public and/or private lawns, gardens, shrubbery and trees encountered in the Work, and shall hold the City harmless from damages for any injury done to such pipes, structures or property during the course of the Work.

4.6.3 Work shall be accomplished so that there will be a minimum of traffic interruption and inconvenience, discomfort, or damage to the public.

4.6.4 The Contractor shall supply safe drinking water, necessary PPE, sanitation facilities, and First Aid supplies for all Contractor employees at the Worksite.

Request for Qualification #2026-RFQ-007, Job Order Contracting for HVAC 19

4.6.5 If archaeological, historical, or paleontological features are encountered or discovered during any activity related to the Work, the Contractor shall stop work immediately at that location and notify the Project Manager immediately, and shall take all reasonable steps to secure the preservation of those features. The Project

Manager will decide for the proper treatment of the affected portion of the Work site.

The Contractor shall not resume work in the affected portion without the prior approval of the Project Manager. Extensions in the Completion time for delays resulting from the discovery of archaeological, historical, or paleontological features, if such discovery results in a delay to the progress of the Work, may be claimed by the

Contractor in accordance with Article 10 of these General Conditions.

4.7 Cleaning Up

4.7.1 The Contractor shall at all times keep the construction site and surrounding area free from accumulations of waste material or rubbish caused by operations under the

Contract. Upon completion of the Work, the Contractor shall remove all rubbish, tools, equipment, scaffolding, and surplus materials from the site and surrounding areas and leave the area “broom…