SEALED_WS90501003_WSD_EJCDC_LS61_REDUNDANT_FM.pdf

CITY OF PHOENIX, ARIZONA

OFFICE OF THE CITY ENGINEER

DESIGN AND CONSTRUCTION PROCUREMENT

PROJECT SPECIFICATIONS AND CONTRACT DOCUMENTS

WATER SERVICES DEPARTMENT

VOLUME 1 OF 4

LIFT STATION 61 REDUNDANT FORCE MAIN

PROJECT NO. WS90501003

AGREEMENT XXXXXX--0

6/10/26

TABLE OF CONTENTS

00020 Call for Bids

00100 Instructions to Bidders

00300 Bid Form

00310 Bid Bond

00320 Bidder’s Questionnaire

00330 List of Major Subcontractors and Suppliers

00331 List of All Subcontractors and Suppliers

00340 Suppliers of Major Equipment and Material Items

00020-1 to 00020-2

00100-1 to 00100-1

00300-1 to 00300-6

00310-1

00320-1 to 00320-7

00330-1

00331-1

00340-1

00350 SBE Goal Memo, EOD SBE Clause and Forms 00350-1 to 00350-1

00360 Bidder’s Disclosure Statement 00360-1 to 00360-4

00370 Affidavit of Identity 00370-1

00500 Agreement 00500-1 to 00500-5

00610 Performance Bond 00610-1

00620 Payment Bond 00620-1

00700 General Conditions 00700-1 to 00700-55

00800 Supplementary Conditions 00800-1 to 00800-2

6/10/26

CALL FOR BIDS

CITY OF PHOENIX

LIFT STATION 61 REDUNDANT FORCE MAIN

DESIGN-BID-BUILD

OPENGOV ID NO. WS90501003

BIDS WILL BE DUE: TUESDAY, JULY 7, 2026 AT 2:00 P.M. INTO THE DESIGN AND

CONSTRUCTION PROCUREMENT BID BOX LOCATED ON THE FIRST FLOOR OF CITY HALL

AT 200 W. WASHINGTON STREET, PHOENIX, AZ 85003

BIDS WILL BE READ: TUESDAY, JULY 7, 2026 AT 2:00 P.M.

ON 5TH FLOOR, ROOM 5 WEST PHOENIX CITY HALL 200 W. WASHINGTON STREET

PHOENIX, AZ 85003-1611

*All times are local Phoenix time

Scope of Work

The City of Phoenix is seeking a qualified contractor to provide construction services for the project listed below.

Construction will include two new force mains that will replace the existing force mains from the area of S. 107th Avenue and W. Broadway Road to the intersection of Broadway Road and 91st Avenue. The two force mains will be routed to the influent junction structure within the 91st Avenue Wastewater Treatment Plant.

A Small Business Enterprise goal of 5.5% has been established for this project.

Pre-Bid Meeting

A pre-bid meeting will be held at 10:00 am on Tuesday, June 23, 2026, at City Hall, 200 W. Washington St., Conference Room 8 East, Phoenix, AZ 85003 AND via Teams. At this meeting, staff will discuss the scope of work, general contract issues and respond to questions from the attendees. As City staff will not be available to respond to individual inquiries regarding the project scope outside of this pre-bid meeting, it is strongly recommended that interested firms send a representative to the pre-bid meeting.

Pre-Bid Teams Meeting Information:

Join: https://teams.microsoft.com/meet/227267287355120?p=aKySAZjKKIIIphp0lt

Meeting ID: 227 267 287 355 120

Passcode: u9pT9T9c

Request For Bid Packet

On Thursday, June 11, 2026 the Invitation For Bids packet may be downloaded from the e-Procurement Portal at: https://procurement.opengov.com/portal/phoenix

Firms receiving a copy of the bid packet through any other means are strongly encouraged to download the bid packet from the City webpage.

Firms must be registered in e-Procurement https://procurement.opengov.com/portal/phoenix as a vendor.

General Information

00020-1 https://teams.microsoft.com/meet/227267287355120?p=aKySAZjKKIIIphp0lt https://procurement.opengov.com/portal/phoenix https://procurement.opengov.com/portal/phoenix

00020-2

The City reserves the right to award the contract to the lowest responsible responsive bidder or all bids will be rejected, as soon as practicable after the date of opening bids.

The City of Phoenix will provide reasonable accommodations for alternate formats of the bid packet by calling Heather Roye at (602) 261-8894 or calling TTY 711. Requests will only be honored if made within the first week of the advertising period.

Please allow a minimum of seven calendar days for production.

Questions pertaining to process or contract issues should be submitted via the e-Procurement portal.

Ed Zuercher City Manager

Eric J. Froberg, PE City Engineer

Published: Arizona Business Gazette Date: June 11, 2026 Date: June 18, 2026 District: Out of City

CITY OF PHOENIX: Water Services Department PROJECT NAME: Lift Station 61 Redundant Force Main Design-Bid-Build

PROJECT NUMBER: WS90501003 INSTRUCTIONS TO BIDDERS

00100 - 1 Rev 3-26

SECTION 00100 – INSTRUCTIONS TO BIDDERS

1. Defined Terms

1.1. Terms used in these Instructions to Bidders which are defined in the General Conditions of the Construction Contract Section 00700 have the meanings assigned to them in the General Conditions.

Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

1.1.1. Owner - the City of Phoenix, Water Services Department.

1.1.2. Bidder - one who submits a proposal directly to Owner, as distinct from a sub-bidder who submits a Proposal directly to a Bidder.

1.1.3. Successful Bidder - the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

1.1.4. Bid Documents - the proposed Contract Documents as advertised, and all Addenda issued before Bid opening.

2. Copies of Bid Documents

2.1. Project information is available online at:

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

2.2. Complete sets of Bid Documents shall be used in preparing Bids; neither Owner nor Design Professional assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

2.3. Owner and Design Professional, in making copies of Bid Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or privilege for any other use.

3. Qualifications of Bidders

3.1. The Bidder awarded the Contract shall comply with ARS Title 34 and all licensing requirements imposed by Owner and any other Political Subdivision with jurisdiction. Failure to provide this information with the Bidders Questionnaire may be just cause for Owner declaring the Bidder's Bid nonresponsive

3.2. Bidders shall have the necessary equipment therefore and shall possess sufficient capital to properly execute the Work within the time allowed.

3.3. All Bidders wishing to remain in contention for award of the contract must submit completed contract documents listed below. The documents must be submitted to Design and Construction Procurement Section, 8th Floor, or can be sent by email to heather.roye@phoenix.gov.

4. Examination of Bid Documents and Site

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

4.1.1. To examine thoroughly the Bid Documents and other related data identified in the Bid Documents (including "technical data" referred to below);

4.1.2. To visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishings of the Work;

4.1.3. To consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishings of the Work;

4.1.4. To study and carefully correlate Bidder's knowledge and observations with the Bid Documents and such other related data; and https://procurement.opengov/com/portal/phoenix

PROJECT NUMBER: WS90501003 INSTRUCTIONS TO BIDDERS

00100 - 2 Rev 3-26

4.1.5. To promptly notify Heather Roye, Contracts Specialist, 200 W. Washington Street, 8th Floor, Phoenix, AZ 85003-1611; Phone 602-261-8894; email heather.roye@phoenix.gov of all conflicts, errors, ambiguities or discrepancies which the Bidder has discovered in or between the Bid Documents and such other related documents. All questions regarding the plans and specifications must be received in writing at a minimum seven calendar days prior to bid opening. Questions received after that time may not be given any consideration.

4.2. Reference is made to the Supplementary Conditions for identification of:

4.2.1. Those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Design Professional in preparation of the Bid Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purpose of bidding or construction.

4.2.2. Those drawings of physical conditions in or relating to existing surface and subsurface structures (except underground facilities) which are at or contiguous to the site that have been utilized by Design Professional in preparation of the Bid Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such drawings but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction.

4.2.3. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Bid Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information.

4.3. Information and data shown or indicated in the Bid Documents with respect to existing underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Design Professional by owners of such underground facilities or others, and Owner and Design Professional do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

4.4. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and underground facilities, and possible changes in the Bid Documents due to differing or unanticipated conditions appear in Paragraphs 4.02 and 4.03 of the General Conditions.

4.5. Before submitting a Bid each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Bid Documents.

4.6. Reference is made to the General Requirements for the identification of the general nature of Work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to Contract Documents (other than portions thereof related to price) for such Work.

4.7. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with each and every requirement of this Paragraph 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bid Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) shown or

PROJECT NUMBER: WS90501003 INSTRUCTIONS TO BIDDERS

00100 - 3 Rev 3-26 indicated or expressly required by the Bid Documents; that Bidder has given Design Professional written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Bid Documents and the written resolutions thereof by Design Professional is acceptable to Bidder, and that the Bid Documents are sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

4.8. The provisions of the above Paragraphs 4.1 through 4.8, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.08 of the General Conditions.

5. Interpretations and Addenda

5.1. Acknowledge all addenda; a bid will be deemed non-responsive if all issued addenda for this project are not acknowledged in writing on Page 1 of Section 300 - Bid Form. The City of Phoenix shall not be responsible for any oral responses or instructions made by any employees or officers of the City of Phoenix in regard to the bidding instructions, plans, drawings, specifications, or contract documents. A verbal reply to an inquiry does not constitute a modification of the Invitation for Bids. Any changes to the plans, drawings and specifications will be in the form of an addendum.

5.2. It shall be the responsibility of the prospective bidder to determine, prior to the submittal of its bid, if any addenda to the project have been issued by The City of Phoenix, Design and Construction Procurement Section. Any changes to the plans and specifications will be in the form of an addendum. All addenda will be posted online within the bid folder at the following website:

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

Prospective bidders are responsible for ensuring they have all addenda for all projects they are submitting on. Prospective bidders are strongly encouraged to check the Solicitations website in order to ascertain if any addenda have been issued for this project.

5.3. All technical questions relating to this Work should be directed to the City representative identified in Paragraph 4.1.5.

5.4. For additional information prior to bid submission please contact:

NAME: Heather Roye, Design and Construction Procurement ADDRESS: 200 W. Washington St., 8th Floor, Phoenix AZ 85003-1611 PHONE: 602-261-8894 EMAIL: heather.roye@phoenix.gov

SBE Utilization Equal Opportunity Department: 602-262-6790

6. Bid Security

6.1. No Bid will be read unless accompanied by a proposal guarantee certified check, cashier’s check, or surety bond using the form in Section 00310 of the Bid Documents, for an amount not less than ten percent (10%) of the total bid amount included in the proposal as a guarantee that the Bidder will enter into a contract to perform the proposal in accordance with the Bid Documents. Surety bonds submitted for this project shall be provided by a company which has been rated “A- or better for the prior four quarters” by the A.M. Best Company. A bid will be deemed non-responsive if not accompanied by this guarantee.

6.2. The surety bond shall be executed solely by a surety company or companies holding a certificate of authority to transact surety business in the State of Arizona issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1. The surety bond shall not be executed by an individual surety or sureties even if the requirements of Section 7-101 are satisfied.

The Owner will return the certified check, cashiers check, or surety bond to Bidders which are not the apparent low Bidder and do not want to remain in contention for the award, and to the Bidder awarded the contract upon execution of the contract.

https://procurement.opengov/com/portal/phoenix mailto:heather.roye@phoenix.gov

PROJECT NUMBER: WS90501003 INSTRUCTIONS TO BIDDERS

00100 - 4 Rev 3-26

6.3. Bids without adequate Bid security, including compliance with Paragraph 6.1 above, shall be considered as nonconforming in a material respect with the requirements of the Bid Documents and justifies Owner's refusal to read the Bid.

6.4. The Bid security of the apparent Successful Bidder and the security of any other Bidder remaining in contention for award of contract will be retained by Owner until the end of the period specified in Paragraph 14 below, during which Bids will remain open, or seven (7) days after Owner executes the Agreement, whichever occurs last.

6.5. When providing a surety bond, failure to provide an “A- or Better for the prior four quarters” bond will result in bid rejection.

7. Construction Time

7.1. The number of calendar days within which, or the dates by which, the Work is to be Substantially Completed and also Completed and ready for final payment are set forth in the Agreement and may be supplemented as set forth in the agreement.

7.2. If a Bidder believes that any of the Construction Times specified are insufficient or excessive, that Bidder shall advise Owner in accordance with the requirements of Paragraph 5 above.

7.3. Liquidated Damages are specified in the Agreement and may be supplemented as provided in the Agreement.

8. Pre-Approved Equal and Or-Equal Items

8.1. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications unless Bidder requests consideration of a proposed material and/or equipment as a “pre-approved equal” as defined in General Conditions Paragraph 6.05.B. Design Professional will only consider application for acceptance as a “pre-approved equal” during the bidding phase. Such application must be received by Design Professional at least twelve

(12) calendar days prior to the established bid date. The Bidder, at his own expense, shall complete the Pre-Approved Equal Application Form labeled as Attachment A at the end of this Section, and provide the additional information requested on the form. The completed form with required attachments shall be submitted to Design and Construction Procurement, Attn: Heather Roye, Contracts Specialist, Phoenix City Hall 8th Floor, 200 W. Washington St., Phoenix AZ 85003 or send via email to heather.roye@phoenix.gov. It is the Bidder’s responsibility to provide the necessary data to validate that the physical and operational performance and qualities of the proposed material and/or equipment is equivalent to the material and/or equipment named in the Drawings or Specifications. If, in the opinion of the Design Professional, the proposed material and/or equipment is equivalent, a “pre-approved equal” status will be granted by Design Professional through a written Addendum to the Contract Documents no fewer than seven calendar days prior to the established bid date (A.R.S. 34-104).

If in the opinion of the Design Professional the pre-approved equal application is incomplete and lacks sufficient information to judge the quality and conformance of the proposed pre-approved equal, the Bidder will be notified in writing and the application will be returned without further consideration.

8.2. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications, without consideration of “or equal” items as defined in General Conditions Paragraph 6.05.A. Whenever it is indicated in the Drawings or specified in the Specifications that an “or equal” item of material or equipment may be furnished or used by Contractor if acceptable to Design Professional, application for such acceptance will be considered by Design Professional only after the Notice to Proceed Date. General Conditions 6.05, describe the procedures for the approval of “or equal” items.

9. Subcontractors, Manufacturers, Suppliers, Persons, Firms and Corporations

9.1. Bidder shall submit to Owner the forms found in Sections 00330, 00331 and 00340 of the Bid Documents, listing all Subcontractors, Manufacturers, Suppliers, persons, firms and corporations proposed for those portions of the Work for which such identification is required. Such list shall be

PROJECT NUMBER: WS90501003 INSTRUCTIONS TO BIDDERS

00100 - 5 Rev 3-26 accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Manufacturer, Supplier, person, firm or corporation if requested by Owner. An Owner or Design Professional who after due investigation has reasonable objection to any proposed Subcontractor, Manufacturer, Supplier, person, firm or corporation, may before the Notice of Award is given request apparent Successful Bidder to submit an acceptable substitute, without an increase in Bid price.

9.2. If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable Subcontractors, Manufacturers, Suppliers, persons, firms and corporations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Manufacturer, Supplier, person, firm or corporation listed to whom Owner or Design Professional does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Design Professional subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06.B of the General Conditions.

10. SBE Utilization

SEE SECTION 350 - SMALL BUSINESS ENTERPRISE GOAL MEMO, CLAUSE AND FORMS

11. Bid Form and Bid Form Attachments

11.1. The Bid Documents due at time of bid include:

• Bid Form (Section 00300)

• Acknowledge all addenda (Section 00300, Paragraph 1.3.1)

• Bid Bond (Section 00310), including evidence of Power of Attorney (rated A- or better for the prior four quarters)

• List of Major Subcontractors and Suppliers (Section 00330)

• Statement of Proposed SBE Utilization Form (Section 00350-1) or a fully documented waiver packet

• Letters of Intent to Perform as a Subcontractor/Supplier

The Bid Documents due post-bid include:

• Completed Bidder’s Questionnaire – Section 00320

• Completed List of All Subcontractors and Suppliers Form – Section 00331

• Schedule of Manufacturers and Suppliers – Section 00340

• Completed Bidder’s Disclosure Statement – Section 00360

• Affidavit of Identity, If Sole Proprietor – Section 00370

PRIOR TO CONTRACT EXECUTION

• Verification of Experience Modifications Rate (EMR) – the awarded company will be required to provide an EMR verification letter from the insurance company prior to contract execution

– Section 00320

These checklists are included solely to aid the Bidder in submitting a Bid. They shall not be relied on to include all items necessary to ensure a complete Bid. The Bidder is solely responsible for including all items as required by the Bid Documents, including any items required by Addenda, which may not be listed in the checklist.

PROJECT NUMBER: WS90501003 INSTRUCTIONS TO BIDDERS

00100 - 6 Rev 3-26

If the Bid Form or any of the Bid Form Attachments are modified by Addendum, revised forms will be reissued in which case Bids shall be submitted on the latest revision of the form issued.

11.2. All blanks on the Bid Form and Bid Form Attachments must be completed by printing in ink or typewriter.

11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

11.5. Bids by Joint Ventures must be executed in the manner of each individual, partnership and corporation that is a party of the Joint Venture indicated herein.

11.6. All names must be typed or printed in ink below the signature.

11.7. The address and telephone number for communications regarding the Bid must be shown.

11.8. Evidence of authority to conduct business as an out-of-state corporation in Arizona shall be provided in accordance with Paragraph 3 above. State contractor license number must also be shown.

12. Submission of Bids

12.1. Prior to bidding on this Project, the Bidder must possess the correct license to perform the Work described in the plans and specifications, as deemed appropriate by the Arizona Registrar of Contractors.

12.2. The properly completed bid documents along with the ten (10) percent bid guarantee shall be submitted in a sealed envelope. The outside of the envelope shall be marked as follows:

Bid of: [Firm’s Name, Address, and Phone Number] For: [Project Title] City of Phoenix Project Number:

[Project Number]

12.3. Sealed bids shall be submitted to the Design and Construction Procurement bid box located by the Reception Desk on the 1th Floor of the Phoenix City Hall building, 200 W. Washington St., Phoenix AZ 85003 prior to the time and date specified for the bid opening.

13. Withdrawal of Bids

13.1. No bidder may withdraw or revise a proposal after it has been deposited with the City, except as provided in Phoenix City Code Chapter 2, Section 190.2. Proposals, read or unread, will not be returned to the bidders until after determination of award has been made.

14. Protest Procedures A bidder wishing to file a protest for the subject project shall comply with Phoenix City Code Chapter 2, Section 188.

15. Opening of Bids, Objection to Award

15.1. Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the Base Bids will be made available to Bidders after the opening of Bids. Any Bid received after the closing time will not be considered. Any uncertainties on whether a Bid was submitted in time will be resolved against that Bidder, in Owner's sole discretion.

15.2. Only Bids submitted with the following forms will be read aloud publicly: Bid Form (Section 00300), Acknowledgment of Addenda (Section 00300, Paragraph 1.3.1), Bid Bond (Section 00310), PROJECT NUMBER: WS90501003 INSTRUCTIONS TO BIDDERS

00100 - 7 Rev 3-26

Statement of Proposed SBE Utilization Form (Section 00350-1) and associated Letters of Intent to Perform as a Subcontractor/Supplier (Section 00351-1) or a fully documented waiver packet, and List of Major Subcontractors and Suppliers (Section 00330).

16. Other Bid Items

16.1. List of Major Subcontractors and Suppliers

16.1.1. A bid will be deemed non-responsive if not accompanied by a properly completed and signed “List of Major Subcontractors and Suppliers” form.

16.1.2. To assist in eliminating the practice of bid shopping on City construction projects, the Bidder shall list all Major Subcontractors and Suppliers (including SBE) to whom the Bidder intends to contract with that are equal to or greater than 5% of the base bid. The list of major subcontractors and suppliers shall be provided on the “List of Major Subcontractors and Suppliers” form. Failure to properly complete and sign this form will result in bid rejection.

This form is due with the bid.

16.1.3. If substantial evidence exists that bid shopping occurred on this Project, the Bidder will be ineligible to bid on City construction projects for a period of one year.

16.1.4. The list of All Subcontractors and Suppliers shall be provided on the “List of All Subcontractors and Suppliers” form. This form is due three calendar days after bid opening by 5:00 p.m. All bidders will be required to submit the List of Major Subcontractors and Suppliers form. The three lowest bidders will be required to submit the List of All Subcontractors and Suppliers form. If the List of All Subcontractors and Suppliers form is not submitted by the post-bid deadline, the Bidder will still be required to submit the document prior to award. If the Bidder fails to submit the required List of All Subcontractors and Suppliers form by the post-bid deadline, the Bidder’s bid bond may be placed in jeopardy because the City may make a claim against the Bidder’s bid bond for the cost difference between the lowest responsive and responsible Bidder’s bid and the next lowest bid (and any additional costs involved in awarding the contract to the next lowest responsive and responsible bidder).

16.1.5. Verification of the Bidders Experience Modifications Rate (EMR) from their respective insurer on the insurance company’s letterhead must be submitted.

17. Bids to Remain Subject to Acceptance

17.1. All Bids will remain subject to acceptance for 50 calendar days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.

17.2. Extensions of the period during which Bids shall remain open may only be made by agreement between Owner, the apparent Successful Bidder and any other Bidder wishing to remain in contention for the award. Any such agreement shall be based on no increase in the Base Bid of the Bidders involved or any Construction Time stated in days. If the apparent Successful Bidder or any other Bidder wishing to remain in contention for the award fails to agree to any such extension, as conditioned in this paragraph, that Bidder shall be disqualified from further consideration for the award. However, that Bidder's failure to agree to any such extension will not constitute grounds for forfeiting that Bidder's Bid security.

17.3. Cancellation of Contract for Conflict of Interest

17.3.1. All parties hereto acknowledge that this Agreement is subject to cancellation by the City of Phoenix pursuant to the provisions of Section 38-511, Arizona Revised Statute.

18. Award of Contract

18.1. It shall be the Bidder’s responsibility, liability and risk to verify and confirm with the Arizona Registrar of Contracts that the Bidder possesses the correct license for this Project. Prior to the submission of a Bid on this Project, the Bidder shall possess the correct license to perform the Work described in the Plans and Specifications. Consistent with Arizona Revised Statute Section 32-1123 (West Supp. 2002), as amended from time to time, and enforced by the Arizona Registrar of

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Contractors; the license requirement set forth above may not apply if this Project is: (i) funded in whole or in part by the United States Department of Transportation, (ii) a Department of Transportation Project, or (iii) a Project subject to Federal Acquisition Regulations, Title 48 Code of Federal Regulations, including Department of Defense Federal Acquisition Regulations.

Prior to Award of the Contract, the successful Bidder shall provide to the City of Phoenix the successful Bidder’s Contractor License Classification and number, City of Phoenix Privilege License Number, and Federal Tax Identification Number.

18.2. Owner reserves the right to reject any and all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criterion established by Owner. Owner also reserves the right to reject any or all Bids, to waive any non-conformance, to readvertise for Bids, to withhold the award for any reason the Owner determines.

18.2.1. The proposal total will be obtained by adding the extension amount or lump sum indicated for the individual pay items. If there is a conflict between words and figures, the words shall apply. If there is a conflict between the unit bid price and the extension for a particular pay item, the unit bid price shall govern. In either case, the Contracting Agency shall correct the discrepancy in accordance with the above procedure and the corrected proposal total will apply.

18.3. In evaluating Bids, Owner will consider the qualification of the Bidders, whether or not the Bids comply with the prescribed requirements, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

18.4. Owner will consider the qualifications and experience of Subcontractors, Manufacturers, Suppliers, persons, firms and corporations proposed for those portions of the Work as to which the identity of Subcontractors, Manufacturers, Suppliers, persons, firms and corporations must be submitted as provided herein. Owner also may consider the operating costs, maintenance requirements, performance data, and guarantees or major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

18.5. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Manufacturers, Suppliers, persons, firms and corporations to perform and furnish the Work in accordance with the Bid Documents to Owner's satisfaction within the prescribed time.

18.6. If the Contract is to be awarded, it will be awarded to a responsive and responsible Bidder based on the low total base bid (Items 1 through 22 on the BID FORM). If unit pricing is required in the proposal, the extensions and additions will be verified to assure correctness. Award will be based on the revised total if any errors are found. Additionally, the Contractor shall meet the minimum SBE subcontracting goal set for this Project or have been granted a full or partial waiver of the goal.

Any bidder that currently contracts with the City must be in good standing for its proposal to be considered responsive. For the purpose of this Invitation to Bid, good standing means compliance with all contractual provisions, including payment of financial obligations.

18.7. If the contract is to be awarded, Owner will give the Successful Bidder a Notice to Proceed within sixty (60) days after the date of the Bid opening.

18.8. The Owner expressly reserves the right to cancel this award without recourse or prejudice to contractor until all parties have executed the agreement in full.

19. Contract Security

19.1. Article 5 of the General Conditions set forth the Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds issued by surety company or

PROJECT NUMBER: WS90501003 INSTRUCTIONS TO BIDDERS

00100 - 9 Rev 3-26 companies holding a certificate of authority to transact surety business in the State of Arizona issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1. The bonds shall not be executed by an individual surety or sureties even if the requirements of Section 7-101 are satisfied. Failure to comply with these provisions will be cause for rejection of the Bidders Bid.

20. Insurance Requirements

20.1. Article 5 of the General Conditions and set forth the Owner’s requirements as to insurance requirements. When the Successful Bidder delivers the executed Agreement to the Owner, it must be accompanied by the Certificate of Insurance on a standard insurance industry ACORD form. The ACORD form shall be issued by an insurance company authorized to transact business in the State of Arizona, or one that is named to the List of Qualified Unauthorized Insurers maintained by the Arizona Department of Insurance.

21. Signing Agreement

21.1. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ten days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds and insurance policy(ies). Within a reasonable time thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of Drawings with appropriate identification.

21.2. The Agreement is subject to cancellation by the City of Phoenix for prohibited conflicts of interest, if any exist, pursuant to the provisions of ARS Title 38, Section 511.

22. Sequence of Work

22.1. The Work under this Contract must be accomplished while the existing facility is in operation, unless otherwise allowed in the General Requirements. Work must be performed so that operation of the facility will not be jeopardized or reduced in efficiency. Bidders are referred to the General Requirements for requirements concerning sequencing of the Work.

23. Compliance with Other Regulations

23.1. ADA and ANSI Access of Premises During Construction

23.1.1. Contractor shall maintain ADA and ANSI accessibility requirements during construction activities in an occupied building or facility. ADA and ANSI accessibility requirements shall include, but not be limited to, parking, building access, entrances, exits, restrooms, areas of refuge, and emergency exit paths of travel. Contractor shall be responsible for the coordination of all Work to minimize disruption to building occupants and facilities.

23.2. Immigration Reform and Control Act

23.2.1. Compliance with Federal Laws Required. Contractor understands and acknowledges the applicability of the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act.

Contractor agrees to comply with these Federal Laws in performing under this Agreement and to permit City inspection of personnel records to verify such compliance.

24. Confidentiality of Plans and Specifications

24.1. Any plans generated for this project must include the following statement in the Title Block on every page: “Per City of Phoenix City Code Chapter 2, Article 2-28, these plans are for official use only and may not be shared with others except as required to fulfill the obligations of the Design Professional’s contract with the City of Phoenix.”

25. Leadership in Energy and Environmental Design (LEED)

25.1. The contractor shall provide an easily accessible area to serve the construction site that is dedicated to the separation, collection and storage of materials for recycling including (at a minimum) paper, glass, plastics, metals and designate an area specifically for construction and demolition waste

PROJECT NUMBER: WS90501003 INSTRUCTIONS TO BIDDERS

00100 - 10 Rev 3-26 recycling. The Contractor must provide documentation that the materials have been taken to a Maricopa County approved recycling facility.

26. Legal Worker Requirements

26.1. The City of Phoenix is prohibited by A.R.S. § 41-4401 from awarding a contract to any Consultant/Architect/Engineer/Contractor who fails, or whose Subconsultants/subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, Contractor agrees that:

26.1.1. Contractor and each subcontractor it uses warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with § 23- 214, subsection A.

26.1.2. A breach of a warranty under paragraph 1 shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract.

26.1.3. The City of Phoenix retains the legal right to inspect the papers of any Contractor or subcontractor employee who works on the contract to ensure that the Contractor or subcontractor is complying with the warranty under paragraph 1.

27. Contractor and Subcontractor Worker Background Screening Contractor agrees that all Contractor’s and subcontractors’ workers (collectively “Contract Worker(s))” pursuant to this Agreement will be subject to background and security checks and screening (collectively “Background Screening”) at Contractor’s sole cost and expense, unless otherwise provided for in the scope of work. Contractor’s background screening will comply with all applicable laws, rules and regulations. Contractor further agrees that the background screening is necessary to preserve and protect the public health, safety and welfare. The City requires a completed Contract Worker Badge/Key/Intrusion Detection Responsibilities Agreement for each Contract Worker who requires a badge or key.

Background Screening Risk Level: The City has established two levels of risk: Standard and Maximum risk. The current risk level and background screening required is MAXIMUM LEVEL. If the scope of work changes, the City may amend the level of risk, which could require the Contractor to incur additional contract costs to obtain background screens or badges.

Terms of This Section Applicable to all Contractor’s Contracts and Subcontracts: Contractor will include Contract Worker background screening in all contracts and subcontracts for services furnished under this agreement.

Materiality of Background Screening Requirements; Indemnity: The background screening requirements are material to City’s entry into this agreement and any breach of these provisions will be deemed a material breach of this contract. In addition to the indemnity provisions set forth in this agreement, Contractor will defend, indemnify and hold harmless the City for all claims arising out of this background screening section including, but not limited to, the disqualifications of a Contract Worker by Contractor. The background screening requirements are the minimum requirements for the Agreement. The City in no way warrants that these minimum requirements are sufficient to protect Contractor from any liabilities that may arise out of the Contractor’s services under this Agreement or Contractor’s failure to comply with this section. Therefore, Contractor and its Contract Workers will take any reasonable, prudent and necessary measures to preserve and protect public health, safety and welfare when providing services under this Agreement.

Continuing Duty; Audit: Contractor’s obligations and requirements will continue throughout the entire term of this Agreement. Contractor will maintain all records and documents related to all background screenings and the City reserves the right to audit Contractor’s records.

PROJECT NUMBER: WS90501003 INSTRUCTIONS TO BIDDERS

00100 - 11 Rev 3-26

BACKGROUND SCREENING – MAXIMUM RISK:

The current risk level and background screening required is MAXIMUM RISK.

A maximum risk background screening will be performed every five years when the Contract Worker’s work assignment will:

• work directly with vulnerable adults or children, (under age 18); or

• any responsibility for the receipt of payment of City funds or control of inventories, assets, or records that are at risk of misappropriation; or

• unescorted access to:

• City data centers, money rooms, high-value equipment rooms; or

• unescorted access to private residences; or

• access to critical infrastructure sites/facilities; or

• direct or remote access to Criminal Justice Information Systems (CJIS) infrastructure.

Requirements: The background screening for maximum risk level will include a background check for real identity/legal name and will include felony and misdemeanor records from any county in the United States, the State of Arizona, plus any other jurisdiction where the Contractor worker has lived at any time in the preceding seven years from the Contract Worker’s proposed date of hire. In addition, Maximum screening levels may require additional checks as included herein, depending on the scope of work, and may be amended if the scope of work changes.

Contractor Certification; City Approval of Maximum Risk Background Screening: Unless otherwise provided for in the Scope of Work, Contractor will be responsible for:

• determining whether Contract Worker(s) are disqualified from performing work for the City for maximum risk level background checks; and,

• submitting pass/fail results to the City for approval; and,

• reviewing the results of the background check every three to five years, dependent on scope; and,

• to engage in whatever due diligence is necessary to make the decision on whether to disqualify a Contract Worker; and,

• Submitting the list of qualified Contract Workers to the contracting department; and,

• If, upon review of the background information, the City will advise the Contractor if it believes a Contract Worker should be disqualified. The Contractor will evaluate the Contract Worker and if the Contractor believes that there are extenuating circumstances that suggest that the person should not be disqualified, the Contractor will discuss those circumstances with the contracting department. The contracting department decision on disqualification of a Contract Worker is final.

• For sole proprietors, the Contractor must comply with the background check for himself and any business partners, or members or employees who will assist on the contract and for whom the requirements of the Agreement apply.

• By executing this agreement, Contractor certifies and warrants that Contractor has read the background screening requirements and criteria in this section, and that all background screening information furnished to the City is accurate and current.

• The City final documented decision will be an “approve” or “deny” for identified Contract Workers.

• The City will not keep records related to background checks once they are confirmed.

Information to verify the results will be returned to the Contractor, or any contracted agency that assists with review, after the City’s completed review.

• By executing this agreement, Contractor further certifies and warrants that Contractor has satisfied all such background screening requirements for the maximum risk background screening, and verified legal worker status, as required.

• Contract Workers will not apply for the appropriate City of Phoenix identification and access badge or keys until Contractor has received the City’s written acceptance of Contract Worker’s maximum risk background screening. The City may, in its sole discretion, accept or reject any or all the Contract Workers proposed by Contractor for performing work under this Agreement. A Contract Worker rejected for work at a

PROJECT NUMBER: WS90501003 INSTRUCTIONS TO BIDDERS

00100 - 12 Rev 3-26 maximum risk level under this agreement will not be proposed to perform work under other city contracts or engagements without city’s prior written approval.

The background checks will be conducted prior to any employee entering to work and will be based upon information provided to the Police Department including, but not limited to: name, address, date and place of birth, social security number, INS number if applicable, and a copy of a valid photo identification. The information will be provided to the Water Services Department at least five business days (excluding weekends and holidays) in advance of the need for access. The form will be provided by Water Services Department. A designated Water Services Department representative will conduct the security check.

The City may, at any time, in its sole discretion, refuse to allow an employee access to an area for any of the following reasons, but not limited to:

• Conviction of a felony.

• Conviction of a misdemeanor (not including traffic or parking violation).

• Any outstanding warrants (including traffic and parking violations).

• A person currently on parole or probation.

• A person currently involved in an investigation.

CONFIDENTIALITY AND DATA SECURITY: All data, regardless of form, including originals, images and reproductions, prepared by, obtained by, or transmitted to Contractor in connection with this Agreement is confidential, proprietary information owned by the City, unless otherwise agreed upon within this Agreement. Except as specifically provided in this Agreement, the Contractor shall not disclose data generated in the performance of the service to any third person without the prior written consent of the City Manager or his/her designee.

Contractor agrees to abide by all current applicable legal and industry data security and privacy requirements and to notify the City immediately if the scope of work changes or personal identifying information or information subject to Payment Card Industry Standards becomes part of the Agreement.

Contractor agrees to comply with all City information security and technology policies, standards, and procedures when accessing City networks and computerized systems whether onsite or remotely.

A violation of this Section may result in immediate termination of this Agreement without notice. The obligations of Contractor under this Section shall survive the termination of this Agreement.

SECURITY INQUIRIES: Contractor acknowledges that all of the employees that it provides pursuant to this Contract shall, at Contractor’s expense, be subject to background and security checks and screening at the request of the City. Contractor shall perform all such security inquiries and shall make the results available to the City for all employees considered for performing work (including supervision and oversight) under this Contract. City may make further security inquiries. Whether or not further security inquiries are made by the City, City may, at its sole, absolute and unfettered discretion, accept or reject any or all the employees proposed by the Contractor for performing work under this Contract. Employees rejected by the City for performing services under this Contract may still be engaged by Contractor for other work not involving the City. An employee rejected for work under this Contract shall not be proposed to perform work under other City contracts or engagements without the City’s prior approval.

The City, in its sole discretion, reserves the right, but not the obligation to:

• require an employee/prospective employee of the Contractor to provide fingerprints and execute such other documentation as may be necessary to obtain criminal justice information pursuant to A.R.S.