REQUEST FOR QUALIFICATIONS

RFQ #2027-001

Plumbing, Electrical, HVAC and General Construction for the City of Somerton

City of Somerton, Arizona

Issued By

City of Somerton

NOTICE OF REQUEST FOR STATEMENTS OF QUALIFICATIONS

JOB ORDER CONTRACT

CITY OF SOMERTON, ARIZONA

Project Name: Job Order Contract for Plumbing, Electrical, HVAC, and General Construction Services for the City of Somerton

RFQ Number: 2027-001

Bid Opening Date: September 22nd, 2026 (3:00PM)

Location of Bid Opening: City Clerk’s Office

SOMERTON Staff Contact:

James Jones, Parks and Recreation Director, jamesjones@somertonaz.gov

RFQ’s available at:

City Clerk’s Office 143 N State Ave.

Somerton, AZ 85350

Please call or e-mail your request for a set of RFQ documents to City Clerk. Sets of RFQ documents are prepared for each request the City Clerk receives.

A hard copy is available for viewing at City Clerk’s Office

Date and Location for Submittal of SOQ: Statement of Qualifications clearly marked “Plumbing, Electrical, HVAC, and General Construction Services for the City of Somerton – RFQ#-2027-001” will be received at City of Somerton, Director of Parks and Recreation either electronically at jamesjones@somertonaz.gov, or hard copies may be delivered to P.O. Box 638, 145 N. State Avenue, Somerton, AZ 85360 3:00 p.m., MST, TBD, for furnishing all necessary labor, equipment, materials and performing all work for the Project. Any RFQ received after the time specified will be returned unopened. It is the respondent’s responsibility to assure proposals are received at the above location on or before the specified time. The sealed envelope must be clearly marked with the respondent’s name, project name, project number and contract number.

SOMERTON will not be responsible for emailed proposals that did not get into the "inbox."

Respondents are encouraging them to hand deliver their proposals or follow up to confirm their proposals were received before the deadline.

RFQ Documents: Those interested in having individual sets of the RFQ Documents may obtain copies from City Clerk upon payment of $10.00 per set, which cost is not refundable regardless of whether the RFQ Documents are returned. This cost does not include shipping. If respondent requests RFQ Documents to be delivered, respondent’s shipping company and account number must be included with the request. RFQ Documents will be shipped only if respondent assumes mailto:jamesjones@somertonaz.gov mailto:jamesjones@somertonaz.gov mailto:jamesjones@somertonaz.gov responsibility for all related shipping charges. SOMERTON is not responsible for damaged or missing RFQ Documents shipped. Copies of the RFQ Documents, including plans and specifications, are available for viewing and inspection at the office of City of Somerton City Clerk’s Office, 143 N State Ave. Somerton, AZ 85350.

Pre-Submittal Meeting: A pre-submittal meeting can be scheduled with Director James Jones at 145 N. State Ave. SOMERTON, AZ 85350 (Room in Northeast Corner of City Hall) or through email: jamesjones@somertonaz.gov.

Project Description: City of Somerton is seeking qualified contractors to provide comprehensive trade services including Plumbing, Electrical, HVAC, and General Construction work for minor and/or major improvement projects, large maintenance projects, repairs and alterations to City facilities. This Request for Qualifications (“RFQ”) invites detailed Statement of Qualifications (SOQ) from experienced contractors who can demonstrate expertise in these areas. The City intends to procure a minimum of 3 but no more than 5, Job Order Contractors for each category listed in this solicitation. Individual Job Orders will not exceed the statutorily-allowed amount of one-million dollars ($1,000,000) or such higher or lower amount prescribed by the City in an action noticed pursuant to the open meeting law or a rule adopted by the City as the maximum amount of an individual job order contract.

SOQ Format: Each SOQ received must be in accordance with the format and information provided within the Request for Qualifications package. Any submittal that does not conform, in all material respects to what is outlined in the RFQ, will be considered non-responsive. Each SOQ shall be submitted per the directions provided in the RFQ.

Right to Reject SOQ: City reserves the right to waive any irregularities in any submittal and to reject all submittals and re-advertise or cancel the Project in its entirety, at its sole discretion. City, or its consultants and advisors, will not be responsible for any cost incurred by any firm submitting an SOQ or responding to this notice.

Equal Opportunity / Non-Discrimination: The City of Somerton is an equal opportunity employer and does not discriminate on the basis of race, color, national origin, sex, disability, age, religion, or any other classification protected by applicable federal or state law. Minority-owned, women-owned, and small business enterprises are encouraged to submit proposals in response to this solicitation. All submittals will be evaluated solely on the basis of the criteria set forth in this RFQ, in accordance with A.R.S. Title 34, Chapter 6.

Americans with Disabilities Act (ADA): The City of Somerton, in accordance with the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101 et seq., and Section 504 of the Rehabilitation Act of 1973, does not discriminate on the basis of disability in its programs, services, or activities. The City will provide reasonable accommodations to persons with disabilities who wish to participate in the RFQ process. Requests for accommodations, auxiliary aids, or services must be made at least five (5) business days prior to any scheduled meeting or submittal deadline by contacting: James Jones, Parks and Recreation Director, (928) 722-6710, jamesjones@somertonaz.gov. All construction work performed under any contract resulting from this solicitation shall comply with the ADA, applicable ADA Accessibility Guidelines (ADAAG), and A.R.S. Title 34 requirements for public construction.

Arizona Revised Statutes Title 34 – Public Buildings and Improvements: This solicitation and any resulting contract are governed by and subject to the provisions of A.R.S. Title 34, including without limitation: A.R.S. § 34-101 et seq. (Public Buildings and Improvements);

A.R.S. § 34-201 (competitive sealed proposals); A.R.S. § 34-221 (contract requirements); A.R.S.

§ 34-222 (performance and payment bond requirements); A.R.S. § 34-223 (retainage); and A.R.S. § 34-241 (prevailing wage requirements, if applicable). All contractors and subcontractors performing work under this Contract shall comply in full with all applicable provisions of A.R.S.

Title 34. The Job Order Contract process used herein is authorized pursuant to A.R.S. §§ 34-601 through 34-606 (Job Order Contracting). Individual Job Orders shall not exceed the maximum amount authorized under A.R.S. § 34-604, which is one million dollars ($1,000,000) per individual Job Order, or such other amount as may be prescribed by City Council action noticed pursuant to the open meeting law.

CITY OF SOMERTON, ARIZONA

Andrea Moreno, Deputy City Clerk

DATED:

Publication Date(s):

03/08/2026

Plumbing, Electrical, HVAC, and General Construction Services

For the City of Somerton

JOC # 2027-001

1. GENERAL INFORMATION

Issue Date: August 3rd, 2026 Response Due Date: September 17th, 2026 by 3:00pm Location: Multiple City of Somerton Properties Qualification Duration: 3 years

2. PROJECT OVERVIEW

City of Somerton is seeking qualified contractors to provide comprehensive trade services including Plumbing, Electrical, HVAC, and General Construction work for minor and/or major improvement projects, large maintenance projects, repairs and alterations to City facilities. This Request for Qualifications (“RFQ”) invites detailed Statement of Qualifications (SOQ) from experienced contractors who can demonstrate expertise in these areas. The City intends to procure a minimum of 3 but no more than 5, Job Order Contractors for each category listed in this solicitation. Individual Job Orders will not exceed the statutorily-allowed amount of one-million dollars ($1,000,000).

3. SUBMISSION INSTRUCTIONS

Submit proposals to:

James Jones

Parks and Recreation Director City of Somerton

143 N. State Avenue Somerton, AZ 85350 jamesjones@somertonaz.gov

(928) 722-6710

Electronic submissions must be received by 3:00pm on September 18th, 2026. Hard copies must be postmarked by 3:00pm on TBD.

Each submittal must contain all required documents and must be received by the City prior to the posted deadline. Submittals must be labeled: “Plumbing, Electrical, HVAC, and General Construction Services for the City of Somerton – JOC-2026-____.” The Contractor’s name and address shall be included on the cover sheet of the submittal at the time of uploading the documents entirely.

REJECTION OF SUBMITTAL: The City of Somerton reserves the rights to reject any and all SOQ and/or waive irregularity or informality in any such SOQ, at its sole discretion, to the extent permitted by law. The City of Somerton further reserves the right to consider all Respondents submitting an SOQ to maintain interest up to 100 days of the submittal, and to hold all SOQ, including the interest, commitments and availability indicated in the cover letter. The City of Somerton further reserves the right to negotiate terms with qualified contractors and award contracts in the best interest of the project.

WITHDRAWAL OR CHANGE OF SUBMITTAL: A SOQ may be withdrawn by written notice, on the Contractor’s letterhead stationery, received by the City of Somerton, at any time before the exact time and date specified for submittals. A submittal may be withdrawn in person by any Contractor or its authorized representative if, before the exact time set for submittal of the SOQ, the identity of the person requesting withdrawal is established and that person signs a receipt for the submittal. A withdrawn SOQ may be resubmitted and/or replaced at any time prior to the submittal time and date as specified in the RFQ.

NO CONSTITUTION OF OBLIGATION: This RFQ does not obligate the City of Somerton to any cost incurred in the preparation of and the submission of the SOQ nor to enter into an agreement with any of the submitting Contractors. All submittals become property of the City of Somerton will not be returned and are subject to Public Records requests pursuant to Arizona law.

RIGHT TO REVIEW AND EVALUATE PERFORMANCE: Within forty-five (45) days after every project completion or as the City deems necessary, the City reserves the right to evaluate the Contractor’s performance and provide a copy of the evaluation report to the Contractor. The Contractor shall then have ten (10) days to respond in writing to the evaluation.

All questions regarding this RFQ must be submitted in writing to jamesjones@somertonaz.gov by TBD. Responses will be provided to all respondents by TBD.

4. SCOPE OF REQUIRED SERVICES

4.1 Plumbing Services

• Complete assessment of existing plumbing systems

• Installation/replacement of:

o Water supply lines o Drainage systems o Fixtures and fittings o Hot water systems

• Compliance with local plumbing codes and regulations

• Emergency repair services availability

4.2 Electrical Services

• Electrical system evaluation and upgrades

• Installation/maintenance of:

o Power distribution systems o Lighting systems o Emergency power systems o Low voltage systems

• Code compliance and safety certifications

• Energy efficiency improvements

• Generator Load Systems

4.3 HVAC Services

• HVAC system design and installation

• Equipment specifications and procurement

• Ductwork installation/modification o Duct Cleaning

• Temperature control systems

• Energy management systems

• Preventive maintenance programs

• Indoor air quality solutions

4.4 Construction Services

• Structural modifications

• Interior renovations

• Finish work

• Project coordination

• Site preparation

• Safety compliance

• Waste management

• Painting

• Drywall

• Roofing

• Concrete

• Commercial

• Industrial

• Infrastructure

5. EVALUATION CRITERIA

All submittals shall be evaluated in accordance with A.R.S. Title 34, Chapter 6 and the City of Somerton Procurement Code, Article 3-5 using the evaluation criteria stated herein. The evaluation process and Agreement award shall include a selection committee that will evaluate the submittals and score them in accordance with the evaluation criteria listed in this section.

Respondents will be ranked according to their combined scores. The selection committee may elect to interview any or all of the Respondents in person in order to clarify the evaluation of their qualifications and/or experience.

Experience and Qualifications (30%) o Provide a general description of the firm that is proposing to provide the services requested. Explain the legal organization of the proposed firm. Provide an organization chart or list showing the qualifying Respondent and the Respondent’s key personnel down to the superintendent level or those key personnel with the outstanding or necessary experience to provide work of a specific or desired type. If specific subcontractors will be utilized for all or part of work of a specific type, include information on these team members as well.

o Identify the location of the firm’s principal office and the local work office, if different.

o Identify any contract or subcontract held by the firm or officers of the firm which has been terminated within the last five years. Identify any claims arising from a contract that resulted in litigation or arbitration within the last five years. Briefly describe the circumstances and the outcome of that litigation or arbitration.

o List the Arizona contractor’s licenses and/or professional registrations held by the firm/team. Provide all contractors licenses and types and designate if each is held by an individual or the firm. In order to be considered for this project, the Respondent must hold the appropriate contractor’s license(s) from the Arizona Registrar of Contractors and must have a demonstrated ability to perform the work.

o Provide a statement of the Respondent’s bonding capacity from a surety company or companies holding a Certificate of Authority to transact business in Arizona, issued by the Director of the State of Arizona Department of Insurance. The Respondent may be required to provide Agreement Performance and Payment bonds for work assignments.

o If selected for this project, the Respondent will be required to provide a certificate of insurance from a company or companies lawfully authorized to transact insurance business in the State of Arizona and rated at least A- in the current A.M. Best Company rating. The certificate(s) of insurance must meet the City’s indemnification and minimum insurance requirements as described in this RFQ.

Approach to Performing Required Services (50%) o Describe the firm's project management approach including its perspective and experience on collaboration, quality control, project scheduling, claims, dispute resolution, changes in the scope of work (control of scope-creep), and construction safety.

o Describe systems used for planning, project engineering, and scheduling, estimating, and managing the work. Include a description of the software systems that the firm uses. As an appendix, include a one (1) page flow chart of your job order process showing contractor and owner responsibilities.

o Describe the various types of reporting that your firm uses to keep your clients informed of work status. Include two examples of reports in an appendix o Provide your approach in offering design, engineering, maintenance, and/or operations services. Describe those services and indicate if in-house staff or subcontractors have provided them.

o Describe how you handle personnel requirements as the work varies in volume.

Include in-house staffing requirements and subcontractor requirements.

o Describe how you plan to manage material cost escalation and availability.

o Provide your subcontractor management plan including the qualification-based selection criteria you plan on implementing for this contract (Note: Subcontractor selection plans may be based on qualifications alone or on a combination of qualifications and price, but shall not be based upon price alone). Describe your plan for recruiting consultants and subcontractors, particularly in the local communities where work will be performed. Additionally, provide a table including the following information as part of your subcontractor management plan in an appendix:

The names, contact information, and locations of consultants and primary subcontractors from the local community you plan to use.

List the services/trade to be provided by each.

The subcontractors listed shall have experience providing the services to your firm in a job order contract setting.

o Describe how the firm sets project timelines and the methodology used, including what project management systems are used, communication protocols, document control systems, and scheduling methods.

o Describe safety record and procedures including safety statistics, training programs, site-specific safety plans, and OSHA compliance records.

References and past performance (20%) o Identify at least five (5) projects (maximum of 2 pages) in which the firm played a major role in the last three (3) years. The projects listed should show the breadth of the firm’s contracting experience and demonstrated capabilities in managing multiple trade subcontractors, vendors, suppliers and/or consultants.

o For each comparable project identified above, provide:

The description of project.

Role of the firm either as prime or subcontractor.

Total cost of the firm’s portion of the project versus original submittal and budget.

Construction schedule verses deadline.

Project Owner reference information (name and telephone number) o Indicate knowledge, training, and/or experience specifically with Job Order Contracting with public/government entities or private firms.

o List current and/or past JOC contracts, including description, customer name, contract time period, total contract amount, number of individual Job Orders per contract, range of Job Order amounts (i.e. $20,000 - $1,000,000).

o It is the firm’s responsibility to solicit and to ensure that three (3) Past o Performance Verification Forms (PPVF’s) are included in the RFQ packet and should be submitted to the City per the instructions on the Form. Any Forms in excess of three (3) will not be counted toward this requirement.

5. SUBMISSION REQUIREMENTS

The Statement of Qualifications shall include a one-page cover letter that contains current company/firm contact information including a valid phone number and email address, plus a maximum of ten (10) pages to address the SOQ evaluation criteria (excluding PPVF’s, resumes, and an organizational chart with key personnel and their affiliation). Resumes for each team member shall be limited to a maximum length of two pages and should be attached as an appendix to the SOQ. Minimum font size shall be 10pt.

Statement of Qualifications must include the following information (failure to include may result in rejection of Statement of Qualifications):

a. A statement regarding the Firm’s bonding capacity from a surety company or companies holding a Certificate of Authority to transact business in Arizona, issued by the Director of the State of Arizona Department of Insurance. This is to be an appendix to the SOQ and will not be counted in the page limit.

b. A statement regarding the Firm’s insurability from a company or companies lawfully authorized to transact insurance business in the State of Arizona and rated at least A- in the company’s current A.M. Best Company online rating. This is to be an appendix to the SOQ and will not be counted in the page limit. Each firm awarded a contract will be required to furnish a certificate(s) of insurance meeting the City’s indemnification and minimum insurance requirements as outlined in the RFQ.

c. A letter from the firm’s insurance company stating the firm’s Workers’ Compensation Experience Modification Rating (EMR) for the past three (3) years. This is to be an appendix to the SOQ and will not be counted in the page limit. The letter shall be on the insurance company’s letterhead and shall be signed by an authorized individual employed by the insurance company. Provide a signed copy of addenda, if any, in response to this RFQ. It will be the interested firm’s responsibility to check the website (see link below) for any updates, including addenda.

6. TERMS AND CONDITIONS

6.1 Insurance and Professional Requirements

• Professional Liability/Errors & Omissions Insurance: Minimum $2 million

• Arizona Board of Technical Registration current licensing for all engineering disciplines

• General Liability Insurance: Minimum $2 million

• Workers' Compensation Insurance: As required by state law

• Professional Liability Insurance: Minimum $1 million

• Vehicle Insurance: Minimum $1 million

6.2 Compliance Requirements

• All work must comply with local, state, and federal regulations, including without limitation: Arizona Revised Statutes Title 34 (Public Buildings and Improvements); the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101 et seq.; ADA Accessibility Guidelines (ADAAG); Section 504 of the Rehabilitation Act of 1973;

applicable building codes; and all City of Somerton ordinances and procurement regulations

• Contractors must maintain current licenses and permits

• All workers must be properly certified for their trade

• OSHA safety standards must be strictly followed

6.3 Payment Terms

• Detailed payment schedule to be negotiated

• Progress payments based on completed milestones

• 10% retention until project completion

• Net 30 payment terms

PAST PERFORMANCE VERIFICATION FORM (PPVF)

Directions: Request Public/Private Agencies, for which you have substantially completed similar work, to fill out a copy of the PPVF for three (3) similar projects. Provide this form to the City representative directly responsible for oversight of the project to complete and submit via mail or fax prior to the date and time listed below. If the form is received after the date and time specified it will not be accepted. If your firm has completed previous similar work for the City of Somerton (the “City”) it is recommended that you utilize this experience. If your firm has not completed prior projects with the City, you will not be penalized.

SOQ Due Date and Time: TBD, TBD, 3:00 PM local time (MST)

PROJECT NAME: JOB ORDER CONTRACT FOR PLUMBING, ELECTRICAL, HVAC,

AND GENERAL CONSTRUCTION SERVICES FOR THE CITY OF SOMERTON

NAME OF COMPANY TO BE EVALUATED: _____________________________________

NAME OF AGENCY OR FIRM SUBMITTING EVALUATION: ________________________

NAME/PHONE NUMBER OF PERSON SUBMITTING EVALUATION: _________________

NAME OF PROJECT AND DATE SUBSTANTIALLY COMPLETED: ___________________

QUESTIONS:

What type of services did this firm provide on the project referenced?

1. On a scale of 1 to 10 (1 being lowest, 10 highest), rate this company’s performance on the following:

a. How would you rate work performed by this firm on your project? __________________

b. Was the project completed on time? __________________________________________

c. Was the project completed within budget? _____________________________________

d. What was the quality of the work performed? ___________________________________

e. Was staff proactive in solving problems that may have occurred on your project? ______

f. What was the extent of staff turnover? (10 = low staff turnover, 1 = high staff turnover)

g. Would you be willing to contract with this firm again? (10 = Yes, 1 = No)

TOTAL POINTS

2. Any additional comments. _____________________________________________________

Please return to City of Somerton in the City Clerk’s office, 145 N. State Avenue, Somerton, AZ 85360 by the date and time shown above.

EXHIBIT A

PAST PERFORMANCE VERIFICATION EVALUATION SUBMITTALS

LIST OF THOSE AGENCIES OR FIRMS WHO WILL BE SUBMITTING EVALUATIONS

TO THE CITY

Please list the agency or firm name, address, phone number and contact information for the firms that will be providing the Past Performance Verification Form. It is the responsibility of the firm to ensure that the City receives all of the Past Performance Verification Forms prior to the SOQ submittal deadline. Failure to provide evaluations by date and time specified will result in no score for that specific evaluation.

1. ______________________________________________

2. ______________________________________________

3. ______________________________________________

JOB ORDER MASTER AGREEMENT

BETWEEN

THE CITY OF SOMERTON

AND

THIS JOB ORDER MASTER AGREEMENT (this “Contract”) between the City of Somerton, an Arizona municipal corporation, (the “City”), and ______________________., an Arizona corporation, (the “Contractor”).

RECITALS

A. The City of Somerton issued a Request for Qualifications No. ___________ for

____________ services (the “RFQ”), a copy of which is on file in the City Clerk’s Office and incorporated herein by reference, seeking statements of qualifications from vendors for construction services.

B. The Contractor submitted a Statement of Qualifications (the “SOQ”) in response to the RFQ, attached hereto as Exhibit A and incorporated herein by reference, and the City desires to enter into an Agreement with the Contractor for construction services (the “Services”).

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Contractor hereby agree as follows:

1. Term of Contract. This Contract shall be effective as of the last date set forth below and shall remain in full force and effect for one year with up to three one-year renewable options.

2. Job Order Master Contract Process.

2.1 This Contract establishes an indefinite delivery, indefinite quantity, as needed, Job Order Contract for such Services within the scope of this Contract as City may request from time to time by issuance of an individual Job Order for each Project. A separate Job Order will be issued for each Project describing the specific Work to be performed by the Contractor for that Project.

2.2 City shall have the right to perform work of the types included in this Contract itself or to have other Contractors perform such work.

2.3 This Contract does not obligate or require City to offer any Job Order to

Contractor and no Contract will exist for any specific Work until a Job Order for such Work has been fully executed by City and Contractor.

2.4 Scope of Work Under This Contract. The Contractor will provide all labor, tools, management, materials, parts and supplies, equipment, and transportation necessary to furnish a broad range of services at various locations throughout the City on an as-needed basis.

Services will include __________________________.

2.5 Contract Price for Each Job Order. The amount to be paid by City for the Project under each Job Order is the Contract Price for the Job Order. The Contract Price includes the Contract Price for the Work. The Contract Price for any Job Order may be a Fixed Price or a Guaranteed Maximum Price (GMP), subject to the following:

A. The cumulative sum of the Job Orders performed by Contractor during any twelve (12) month period shall not exceed $100,000.00.

B. There is no limit on the number of Job Orders that the City may issue to Contractor during any twelve (12) month period of this Contract or during the entire period this Contract is in effect.

C. Contractor may not refuse any Job Order under this Contract properly issued by City, unless Contractor explains, in writing and to City’s satisfaction, that the scope of work under a specific Job Order is poorly defined or hazardous to health or safety.

3. Performance of the Work.

3.1 Specifications. The Maricopa Association of Governments, Uniform Standard Specifications for Public Works Construction, current edition (“MAG Specifications”), Maricopa Association of Governments, Standard Details for Public Works Construction, current edition (“MAG Details”), have been adopted by City and shall apply to the Work, to the extent applicable. In addition, to the extent City has adopted its own City Specifications, and/or Supplements and/or Modifications to the MAG Specifications or MAG Details (collectively the “City Specifications”), those City Specifications shall apply to the Work when and where appropriate and the Contractor shall fully comply therewith. Any questions or concerns about the applicability of any specific MAG or City Specifications to the Work shall be directed in writing to the Project Engineer. The MAG Specifications, MAG Details, City of Yuma and City and City of Somerton Specifications are incorporated into the Contract.

3.2 Coordination. Contractor shall also cooperate with City in communicating with, obtaining necessary approvals or permits from, and responding to, any applicable government entity or regulatory agency, including participation in any hearings or meetings.

3.3 Extra Work/Changes in the Work/Approvals. City reserves the right to make such changes in the plans and specifications for the Work, within the general scope thereof, as it may deem appropriate and any such change as set forth in a written Change Order or Extra Work Order shall be deemed a part of this Contract as if originally incorporated herein.

A. Contractor shall not be entitled to payment for additional work unless a written Change Order or Extra Work Order, in form and content prescribed by

City, has been executed by City prior to starting the additional work; on all such Change Orders and Extra Work Orders, Contractor shall specify the increased and/or decreased costs and whether it believes any extensions of time will be necessary to complete its Work as modified by the Change Order or Extra Work Order. In no event, however, will the Contractor be entitled to collect for overhead and profit for such changes more than the percentages of Contractor’s actual and direct cost incurred in such change as set forth in the corresponding Change Order. If additional work is performed on the basis of an Extra Work Order, a corresponding Change Order shall be prepared, approved and processed by City before payment can be made to Contractor.

B. Upon request by City, Contractor shall submit for City’s prior approval all samples, product data, shop drawings on all materials, systems and equipment to be incorporated into the Work.

C. The City Engineer or designee will be the City’s Project Manager.

All communications concerning performance of the Work or the Project shall be provided to the designated Project Manager, who has the authority to act on behalf of City, as delineated and limited by the Contract Documents and applicable law. The Project Manager has no authority to bind City or City Council in contravention of any City Code, State or Federal statute or regulation, or this Contract. Project communications may be exchanged by e-mail upon the written agreement of the Project Manager and Contractor, but e-mail communications are not binding upon City and cannot change the terms of the Contract or the scope of Work, or effectuate any change that requires a written change order. The use of e-mails is for information only, and e-mails will have no legal or binding effect.

3.4 Time/Float. Contractor shall strictly comply with the Project schedule approved in writing by City (the “Contract Time”). The Contract Time shall start with the Notice to Proceed and end with final acceptance of the Work. Contractor shall commence performance of the Work and complete the Project through both substantial completion and final acceptance within the Contract Time, and failure to do so shall be a material breach of the Contract.

A. Time is of the essence of the Contract, for each Project, for the

Work, and for each phase and/or designated milestone thereof.

B. No modification to the Contract Documents or the Contract Time shall be effective unless approved in writing, in advance, by City.

C. The total float time within the overall schedule is for the exclusive use of City, but City may approve Contractor’s use of float as needed to meet contract milestones and the Project completion date.

4. Payments. Payments shall be made as follows:

4.1 Progress Payments.

A. Progress billings will be processed monthly starting upon Project commencement.

B. Contractor billings shall be submitted on Contractor’s typical invoice form.

C. A list of all suppliers (including name, contact information and phone numbers) to be used by Contractor must be received and approved by City, prior to release of Contractor’s monthly progress payment. City’s approval of Contractor’s suppliers shall not release Contractor from any of its obligations under this Contract, including without limitation, Contractor’s indemnification, and insurance obligations.

D. If required by City, Contractor will be required to execute an

Unconditional Waiver and Release on Progress Payment or Unconditional Waiver and Release on final payment contemporaneously with the receipt of partial or final payments, or other form of acknowledgment of payment and/or release of claims as required by City, as well as unconditional lien waivers executed by subcontractors and/or suppliers who have provided labor, materials, or rental equipment to Contractor. Payments of any amounts covered by any conditional lien waivers may, at City’s sole discretion, be made by joint check issued to the Contractor and the subcontractor or supplier.

E. Contractor shall submit all other supporting documentation substantiating its Invoice as may be reasonably required by the Engineer, Project Manager, City, and applicable laws.

4.2 Final Payment. Final payment including retainage shall be paid only after:

(i) the Work has been fully completed (including completion of all incorrect or incomplete work items) and accepted by City; (ii) necessary operating manuals, any excess materials and supplies necessary for matching materials and supplies incorporated into the Work, and complete “as-built” drawings, plans and specifications have been delivered to City; (iii) if required by City, full and unconditional lien waivers and releases by Contractor and any person performing labor or supplying material, machinery, fixtures, or tools for the Work have been delivered to City; (iv) all conditions and requirements imposed by City or any financing entity for the corresponding disbursement have been met; and (v) Contractor delivers to City an Invoice requesting payment.

The Contract number must be referenced on all invoices.

4.3 City’s Right to Withhold Payment. City may withhold payment to such extent as may be necessary in City’s opinion to protect City from loss for which the Contractor is responsible, including, without limitation:

A. defective Work not remedied;

B. third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to City is provided by the Contractor;

C. failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment;

D. reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;

E. damage to City or another contractor;

F. reasonable evidence that the Work will not be completed within the Contract Time (or otherwise by City), and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or

G. persistent failure to carry out the Work in accordance with the Contract Documents.

4.4 Joint/Direct Checks. Payments to Contractor may be made by checks payable jointly to Contractor and its employees, agents, subcontractors and suppliers, or any of them, and when in the sole opinion of City, it is advisable, payments may be made directly to Contractor's subcontractors and any amount so paid shall be deducted from the amounts owed to Contractor under this Contract.

4.5 Payment Not A Waiver. No payment (nor use or occupancy of the Project by City) shall be deemed acceptance or approval of the Work or as a waiver of any claims, rights, or remedies of City.

4.6 Liens and Bond Claims.

A. Upon issuance of each job order, the Contractor shall obtain in an amount equal to the full contract price of the job order a performance bond pursuant to A.R.S. § 34-222, conditioned upon the faithful performance of this contract in accordance with the plans, specifications and conditions herein. Such bond shall be solely for the protection of the City. A copy of this bond shall be filed with the City Clerk. In the alternative Contractor may provide a performance bond in the amount of $100,000 to assure performance of the whole Work of this Contract.

B. Contractor shall also obtain a payment bond, pursuant to the provisions of A.R.S. § 34-222, in an amount equal to the Contract amount for each job order herein, said bond to be solely for the protection of claimants supplying labor or materials to the Contractor or his subcontractors in the prosecution of the work provided for in this contract. A copy of this bond shall be filed with the City Clerk. In the alternative Contractor may provide a payment bond in the amount of $100,000 to assure payment of the whole Work of this Contract.

C. All bonds must be written by an insurance company authorized to do business in the State of Arizona, to be evidenced by a Certificate of Authority as defined in A.R.S. § 20-217, a copy of which certificate is to be attached to the applicable bid bond, payment bond and performance bond. In addition, depending upon the nature of the contract and amount thereof, the City Manager may also require insurance companies and/or bonding companies to have an “A” rating or better with Moody's or A.M. Best Company, and/or to be included on the current list of “Companies Holding Certificates of

Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended) by the audit staff, Bureau of Accounts, US Treasury Department.

5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the City pursuant to this Agreement shall be the property of the City.

6. Contractor Personnel. Contractor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement.

Contractor agrees to assign specific individuals to key positions. Contractor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the City. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Contractor shall immediately notify the City of same and shall, subject to the concurrence of the City, replace such personnel with personnel possessing substantially equal ability and qualifications.

7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the City at reasonable times during Contractor’s performance. The Contractor shall provide and maintain a self-inspection system that is acceptable to the City.

8. Licenses; Materials. Contractor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor, without limitation, all of Contractor’s applicable licenses issued by the Arizona Registrar of Contractors. The City has no obligation to provide Contractor, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The City has no obligation to provide tools, equipment or material to Contractor.

9. Work Standards, Warranties and Correction of Work. All materials and any other items incorporated into the Work shall be new, and all Work shall be of good and workmanlike quality and completed in strict conformance with all applicable laws, rules and regulations and the plans, specifications, schedules, Contract Documents and all other terms and conditions of the Contract.

9.1 Express Warranties. Within fourteen (14) days of the completion of the

Work (or at such earlier time as requested by City), Contractor shall execute and deliver to City all warranties regarding the Work required by the Project plans and specifications. These warranties shall be in form and content satisfactory to City, and any other person reasonably requested by City, or City’s lender(s).

9.2 Standard Warranty. In the absence of any requirement for warranties in the Project specifications, Contractor hereby warrants that the Work shall be free of any defects in quality or workmanship for a period of two (2) years after the date of completion and acceptance of the Project by City.

9.3 Correction of Work. The Contractor shall promptly correct Work rejected by the Project Engineer, Project Manager, or City as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work. In addition to the Contractor’s other obligations including warranties under the Contract, the Contractor shall, for a period of (two) 2 years after Substantial Completion, correct work not conforming to the requirements of the Contract Documents. If the Contractor fails to correct nonconforming Work within a reasonable time, City may correct it and the Contractor shall reimburse City for the cost of correction.

10. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”) to the extent that such Claims (or actions in respect thereof) are caused by the negligent acts, recklessness or intentional misconduct of the Contractor, its officers, employees, agents, or any tier of subcontractor in connection with Contractor’s work or services in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section.

11. Insurance.

11.1 General.

A. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to A.R.S. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the City. Failure to maintain insurance as specified herein may result in termination of this Agreement at the City’s option.

B. No Representation of Coverage Adequacy. By requiring insurance herein, the City does not represent that coverage and limits will be adequate to protect Contractor. The City reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement.

C. Additional Insured. All insurance coverage, except Workers’

Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the City, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement.

D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the City, unless specified otherwise in this Agreement.

E. Primary Insurance. Contractor’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the City as an Additional Insured.

F. Claims Made. In the event any insurance policies required by this

Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period.

G. Waiver. All policies, except for Professional Liability, including

Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the City, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto.

H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the City. Contractor shall be solely responsible for any such deductible or self-insured retention amount.

I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Contractor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the City and Contractor. Contractor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements.

J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Contractor will provide the City with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Contractor’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The City shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Contractor’s responsibility to forward renewal certificates and declaration page(s) to the City 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFQ number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFQ number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFQ number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions:

(1) The City, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows:

(a) Commercial General Liability – Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent.

(b) Auto Liability – Under ISO Form CA 20 48 or equivalent.

(c) Excess Liability – Follow Form to underlying insurance.

(2) Contractor’s insurance shall be primary insurance with respect to performance of this Agreement.

(3) All policies, except for Professional Liability, including

Workers’ Compensation, waive rights of recovery (subrogation) against City, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Contractor under this Agreement.

11.2 Required Insurance Coverage.

A. Commercial General Liability. Contractor shall maintain

“occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit.