SOLICITATION 27IFB097- THOMPSON PEAK PKWY BRIDGE AT REATA PASS.pdf

i Revised 1/23/2026 COS Construction Template

INVITATION FOR BID

THOMPSON PEAK PWKY BRIDGE AT REATA PASS WASH

27IFB097

ii

TABLE OF CONTENTS

THOMPSON PEAK PKWY BRIDGE AT REATA PASS WASH

INSTRUCTIONS TO BIDDERS

1. SUBMITTAL RECEIPT AND OPENING

2. PRE-BID CONFERENCE

3. INFORMATION REQUESTS

4. SOLICITATION QUESTIONS

5. APPROVED ALTERNATES

5. APPROVED ALTERNATES – CONT’D

6. ENVIRONMENTAL PROCUREMENT POLICY

7. PURCHASING WEB SITE

8. DOWNLOADING SOLICITATIONS

9. SOLICITATION OPPORTUNITIES

10. CITY OF SCOTTSDALE PROCUREMENT CODE

11. PROSPECTIVE BIDDER’S CONFERENCE

12. BIDDER’S PRESENTATION

13. INELIGIBLE BIDDER

14. OBLIGATIONS

15. NON-COLLUSION AFFIDAVIT

16. IMMIGRATION LAW COMPLIANCE

17. LAWFUL PRESENCE IN THE UNITED STATES FOR PERSONS

18. TAXES/LICENSES

19. CONTRACTOR’S LICENSING REQUIREMENTS

20. LITIGATION

21. SUBCONTRACTOR’S LIST

22. SUBCONTRACTORS

23. CONFIDENTIAL INFORMATION

24. SMALL BUSINESS

25. TITLE VI NOTICE

26. INTERPRETATIONS, ADDENDA

27. SUBMITTING BIDS

28. AWARD DETERMINATION

29. REJECTION OF BIDS

30. PROTESTS

31. CONTRACT AWARD NOTIFICATION

32. DONATIONS

33. BID BOND

GENERAL TERMS AND CONDITIONS

1. ADDITIONAL SERVICE REQUESTED

2. ADVERTISING

3. ARIZONA LAW

4. ASSIGNMENT

5. ATTORNEY’S FEES

6. AUTHORITY

7. CANCELLATION OF CITY CONTRACTS – CONFLICT OF INTEREST

8. CAPTIONS/HEADINGS

9. CERTIFICATE OF INSURANCE

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10. CHEMICALS

11. COMPLIANCE WITH FEDERAL AND ARIZONA STATE IMMIGRATION LAWS

11. COMPLIANCE WITH FEDERAL AND ARIZONA STATE IMMIGRATION LAWS – CONT’D

12. COMPLIANCE WITH FEDERAL AND STATE LAWS

13. CONTRACT ADMINISTRATOR DUTIES

14. CONTRACTOR ON SITE SAFETY REPORTING REQUIREMENTS

15. COUNTERPARTS

16. ENDANGERED HARDWOODS

17. ENTIRE AGREEMENT

18. EQUAL EMPLOYMENT OPPORTUNITY

19. ESTIMATED QUANTITIES

20. EXECUTION OF CONTRACT

21. FORCE MAJEURE

22. FUNDS APPROPRIATION

23. INDEPENDENT CONTRACTOR

24. LITIGATION

25. LOCAL CONDITIONS, RULES AND REGULATIONS

26. MODIFICATIONS

27. NO PREFERENTIAL TREATMENT OR DISCRIMINATION

28. NO WAIVER

29. PATENTS / INTELLECTUAL PROPERTY

30. PAYMENT TERMS

31. RECORDS AND AUDIT RIGHTS

32. REGISTRATIONS AND LICENSES

33. RISK OF LOSS

34. REQUEST FOR TAXPAYER I.D. NUMBER & CERTIFICATION IRS W-9 FORM

35. SCOTTSDALE CITY SEAL AND CITY SYMBOL

36. SEVERABILITY

37. SUCCESSORS AND ASSIGNS

38. SURVIVAL

39. TERMINATION

40. TESTING OF MATERIALS

41. TIME IS OF THE ESSENCE

CONSTRUCTION SPECIAL TERMS AND CONDITIONS

1. ACCEPTABILITY OF INSURERS

2. ACCEPTANCE / AGREEMENT

3. AMENDMENTS

4. APPROVAL

5. CHANGES IN CONTRACT PRICE

6. CHANGES IN THE WORK

7. CITY ASSURANCE

8. CITY'S RIGHT OF CANCELLATION

9. CITY’S RIGHT TO PERFORM AND CANCEL FOR CAUSE

10. CITY’S SERVICES AND RESPONSIBILITIES

11. CLAIMS AND DISPUTES

12. CLEAN UP

13. CONSTRUCTION METHODS

14. CONSTRUCTION PRACTICE

15. CONSTRUCTION STAKES

16. CONTRACT COMPLETION TIME

17. CONTRACTOR SAFETY PROGRAM

City Safety Rules and Expectations Contractor Safety Tailgate Meetings Accident/Injury Procedure iv

COS Construction Template

Unsafe Acts Safety Audits

18. CONTRACTOR’S DAILY LOG

19. CONTRACTOR’S EMPLOYEES’ IDENTIFICATION AND WORK APPAREL

20. CONTROL OF MATERIALS

21. CONTROL OF THE WORK SITE

22. COOPERATION AND FURTHER DOCUMENTATION

23. COVENANTS AGAINST CONTINGENT FEES

24. DAMAGED WATER, SEWER, AND OTHER UTILITIES

25. DEFINITIONS

26. DELAY AND DIFFERING SITE CONDITIONS

27. DISPUTE AVOIDANCE AND RESOLUTION

28. DUMPING AND DISPOSAL OF WASTE

29. EXISTING TRAFFIC AND STREET SIGNS AND TRAFFIC SIGNAL EQUIPMENT

30. EXISTING UTILITIES TO BE RELOCATED

31. FINAL ACCEPTANCE

32. GOVERNMENT APPROVALS AND PERMITS

33. GUARANTEE - WARRANTY

34. HINDRANCES AND DELAYS

35. HOURS OF WORK

36. INDEMNIFICATION

37. INDEPENDENT CONTRACTOR

38. INSPECTION

39. INSURANCE REQUIREMENTS

Minimum Scope and Limits of Insurance Required Terms and Endorsements

40. ISRAEL BOYCOTT PROHIBITION

41. FORCED LABOR OF ETHNIC UYGHURS

42. LEGAL REQUIREMENTS

43. LIQUIDATED DAMAGES

44. MARSHALLING YARD

45. MUTUAL OBLIGATIONS

46. NATIVE PLANTS

47. NOTICE

48. NOTICE OF CANCELLATION

49. PAYMENT AND PERFORMANCE BONDS

50. PROCEDURE FOR PAYMENT

Partial Payment Request Payment Required Retention Final Payment - Payments to Subcontractors or Supplier

51. PROTECTION OF FINISHED OR PARTIALLY FINISHED WORK

52. PUNCH LIST PREPARATION

53. REPRESENTATIVES OF THE PARTIES

54. RIGHTS-OF-WAY

55. SCOPE

56. STANDARD SPECIFICATIONS AND DETAILS

57. ORDER OF PRECEDENCE

58. SUBCONSULTANTS AND SUBCONTRACTOR’S INSURANCE

59. SUBLETTING OF CONTRACT

60. SUBSTANTIAL COMPLETION

61. SUPERVISION BY CONTRACTOR

62. SUSPENSION AND TERMINATION

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City’s Right to Stop Work Termination for Convenience

63. THIRD PARTY BENEFICIARY

64. TRAFFIC CONTROL

65. VERIFICATION OF COVERAGE

66. WORKMANSHIP

67. CITY PROJECT CONTINGENCY

SUBMITTAL PREPARATION REQUIREMENTS

SUBMITTAL CHECKLIST

BID FORM

BID FORM SIGNATURE PAGE – Page 1 of 2 BID FORM SIGNATURE PAGE – Page 2 of 2

SCHEDULE OF BID ITEMS

SCHEDULE OF BID ITEMS

REFERENCES

SUBCONTRACTOR’S LIST

AFFIDAVIT REGARDING NON-COLLUSION

E-VERIFY COMPLIANCE WARRANTY

BID BOND

SAMPLE CONTRACTUAL DOCUMENTS - REQUIRED FOR FINAL EXECUTION OF CONTRACT

NOTICE OF AWARD

CONSTRUCTION CONTRACT

STATUTORY PERFORMANCE BOND

STATUTORY PAYMENT BOND

NOTICE TO PROCEED

AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS

FINAL PAY ESTIMATE

FINAL ACCEPTANCE

CERTIFICATE OF SUBSTANTIAL COMPLETION

RETAINAGE ESCROW AGREEMENT

ATTACHMENTS LIST

ATTACHMENTS

ATTACHMENT A - SPECIAL PROVISIONS/TECHNICALS SPECIFICATIONS

ATTACHMENT B – PLANS

ATTACHMENT C – TITLE VI ASSURANCES

ATTACHMENT D – GEOTECHNICAL REPORT

INSTRUCTIONS TO BIDDERS

The City of Scottsdale invites sealed submittals to provide all labor, equipment, and materials to provide construction services for public improvements for the THOMPSON PEAK PKWY BRIDGE AT REATA PASS WASH consisting of the construction of roadway, bridge, drainage, striping and signage improvements to Thompson Peak Parkway at the Reata Pass Wash.

All time of day reference are subject to LOCAL TIME, SCOTTSDALE ARIZONA.

SOLICITATION CRITICAL DATES

BID SUBMITTAL DUE: 2:00 PM, AUGUST 20, 2026

PRE-BID CONFERENCE: 9:00 AM, JULY 30, 2026

QUESTIONS DUE: 2:00PM, AUGUST 12, 2026

REQUEST FOR ALTERNATE APPROVAL SUBMITTAL DUE: N/A

1. SUBMITTAL RECEIPT AND OPENING

The City of Scottsdale is utilizing Bonfire Interactive to provide a procurement portal that allows access to business opportunities and to submit bids and proposals electronically. If you are not registered as a City of Scottsdale Bonfire vendor visit the Bonfire portal at: City of Scottsdale, AZ (bonfirehub.com) then follow the link to the Bonfire vendor registration page to register your company. Registration is easy and free. If you have any challenges with the registration process, please contact Bonfire Interactive Support at support@gobonfire.com.

SEALED SOLICITATION SUBMITTALS WILL BE ELECTRONICALLY RECEIVED until the time and date stated in the portal and in the SOLICITATION CRITICAL DATES section of the solicitation document. It shall be the responsibility of the bidder to confirm that bids contain all required documents and are submitted electronically through the City of Scottsdale procurement portal at: City of Scottsdale, AZ (bonfirehub.com). LATE SUBMITTALS WILL NOT BE ACCEPTED and will automatically be rejected by the system.

The Purchasing office will conduct a remote/online Microsoft Teams Live Event meeting for the public opening of the solicitation. To virtually attend this meeting, visit us online by clicking the following link on the designated date/time: BID OPENING LINK

It is strongly recommended you begin your submission upload process at least one (1) day prior to the deadline. Any technical or internet-related issues that may arise during your submission are not grounds to extend the deadline.

No Submittal will be considered unless it is submitted on the required forms and or format contained herein.

2. PRE-BID CONFERENCE

A virtual Pre-Bid Conference will be held at 9:00AM ON JULY 30, 2026 and can be accessed by engaging the following link on the specified date and time: PRE-BID MEETING LINK.

https://scottsdaleaz.bonfirehub.com/portal/?tab=login mailto:support@gobonfire.com https://scottsdaleaz.bonfirehub.com/portal/?tab=login https://scottsdaleaz.bonfirehub.com/portal/?tab=login https://teams.microsoft.com/meet/256751139884618?p=b6WMTxR8abk37mviZt https://teams.microsoft.com/meet/239404979591419?p=pkHgXv1AyfuD9qkPCR

3. INFORMATION REQUESTS

Requests for additional information relating to this bid should be directed to:

Judie Bass

Bid & Contract Analyst 480-312-5744 jbass@scottsdaleaz.gov

4. SOLICITATION QUESTIONS

The bidder shall submit all questions, requests for clarification and inquiries in regard to this solicitation electronically via the City of Scottsdale Bonfire portal. The questions are due by the question due date and time stated in the portal and listed in the CRITICAL DATES section of the solicitation. When submitting any questions, the bidder should indicate the page number, section number/clause, title if possible, and the paragraph number that is being questioned.

It is the bidder’s responsibility to give notice, in the form of written questions, before the bid opening on any item or issue in this solicitation that you believe should not be included or contained in any amendment to this solicitation or that the City failed to include in this solicitation that should have been included, and by your notice, the City could have cured the problem if the item or issue had been timely raised or objected to.

Failure to give notice may constitute a waiver of your right to object to the inclusion or lack of inclusion of the item or issue in this solicitation in any subsequent protest filed by you.

Any inquiries received after the specified time will be reviewed on an individual basis by the Purchasing Staff to determine if a response would be advantageous for the City.

5. APPROVED ALTERNATES

Specifications and plans, if applicable, may contain references to service requirements, equipment and/or materials (patented or unpatented) or "approved alternate(s)." Such references shall be regarded as establishing a standard of quality, finish, appearance, performance or as indicating a selection or design based upon compatibility with existing equipment, materials or details of construction (if applicable) inherent to the project design. Such references shall not be construed as limiting the selection to a specified item, source or design detail. The use of an alternate or substitute item or source as an approved alternate will be permitted, subject to the following procedure and pursuant to ARS 34-104 if the subject matter of this solicitation involves construction.

a. Bidders shall submit requests for approval of alternates by directly emailing the required documents to the City of Scottsdale representative identified above. Alternate requests are due NO LATER THAN the Request for Alternate Approval Due date and time identified in the Solicitation Critical Dates section above. Alternate requests shall include all information necessary for proof of quality and suitability for substitution including benefits, engineering design and data (calculations) and/or detailed plan modifications which may be required by the substitution. The bidder shall submit additional information and/or samples when required by the specification.

5. APPROVED ALTERNATES – CONT’D

The Contract Administrator or their representative, will evaluate the information submitted, perform tests when necessary and make comparisons in order to approve or reject the proposal. If rejected, the Contract Administrator shall give notice of rejection to the Bidder submitting the request for approved alternate.

a. Purchasing, if the request for approved alternate is accepted, shall issue a written addendum to the Solicitation specifying the approved alternates and publish the modification in the same manner as the original solicitation documents.

b. The Specifications may reference equipment or materials "or alternate". The reference to "or alternate" shall be construed to mean "or approved alternate" in every instance. Use of an alternate or substitute item shall be allowed only if approval was received as outlined in this Section.

c. For purposes of submitting a Request for Approved Alternate, the “Bidder” is defined as the person or firm entering a submittal to the City in response to this solicitation. Therefore, the City will not entertain any submittal for an approved alternate from any party not meeting the definition of bidder.

6. ENVIRONMENTAL PROCUREMENT POLICY

The City has established an Environmental Procurement Policy which encourages the inclusion of environmentally responsible products and services available to meet the intended purpose. We encourage the offer of alternatives that broaden the range of environmentally responsible products or services that will meet the performance requirements of this solicitation. IF YOU WISH TO SUBMIT AN ALTERNATIVE, follow the procedures specified in the Instructions to Bidders, Approved Alternate Section of this document, unless the approved alternate clause has been deemed not applicable.

7. PURCHASING WEB SITE

The Purchasing web site provides a wide variety of information including: how to introduce your products, list of Purchasing staff, commodity lines, etc. The web site can be accessed at http://www.scottsdaleaz.gov/Purchasing.

The City of Scottsdale is utilizing Bonfire Interactive to provide a procurement portal that allows access to business opportunities, download solicitations, and to submit bids and proposals electronically. If you are not registered as a City of Scottsdale Bonfire vendor visit the Bonfire portal at: City of Scottsdale, AZ (bonfirehub.com) then follow the link to the Bonfire vendor registration page to register your company. Registration is easy and free. If you have any challenges with the registration process, please contact Bonfire Interactive Support at support@gobonfire.com.

http://www.scottsdaleaz.gov/Purchasing

8. DOWNLOADING SOLICITATIONS

Solicitation documents, plan sheets/drawings, if applicable, and addenda are available for download.

Bidders may print their own copies of these documents. Solicitation documents are not available at the Purchasing Department offices. In addition, the City of Scottsdale has partnered with Bonfire Interactive to provide a procurement portal that allows vendors to download solicitations and submit bids and proposals digitally at City of Scottsdale, AZ (bonfirehub.com).

9. SOLICITATION OPPORTUNITIES

The City of Scottsdale is utilizing Bonfire Interactive to provide a procurement portal that allows access to business opportunities and to submit bids and proposals electronically. If you are not registered as a City of Scottsdale Bonfire vendor visit the Bonfire portal at: City of Scottsdale, AZ (bonfirehub.com) then follow the link to the Bonfire vendor registration page to register your company. Registration is easy and free. If you have any challenges with the registration process, please contact Bonfire Interactive Support at support@gobonfire.com

10. CITY OF SCOTTSDALE PROCUREMENT CODE

All procurement activities conducted by the City of Scottsdale are in conformance with the rules and regulations of the Scottsdale Procurement Code. A copy of the Code is available from the Purchasing website: https://www.scottsdaleaz.gov/Purchasing/procurement

11. PROSPECTIVE BIDDER’S CONFERENCE

A prospective bidder’s conference may be held. If scheduled, the date and time of this conference is indicated on the cover page of this document. The purpose of this conference is to clarify the contents of this Solicitation in order to prevent any misunderstanding of the City’s position. This conference will also give Bidders an opportunity to submit any questions and discuss any questions previously submitted.

12. BIDDER’S PRESENTATION

Bidders may be invited to make a presentation. If invited, Bidders will be notified of the date and time of the presentation by the City of Scottsdale Purchasing Department.

13. INELIGIBLE BIDDER

The preparer of the bid specifications is not eligible to submit a bid or proposal on the solicitation for which they prepared the specification, nor is the preparer eligible to supply any product to a Bidder or Offeror on the solicitation for which they prepared the specification.

14. OBLIGATIONS

The issuance of this Solicitation shall not obligate the City to pay any costs incurred in the preparation and submission of proposals.

https://www.scottsdaleaz.gov/Purchasing/procurement

15. NON-COLLUSION AFFIDAVIT

By signing the Offer Form/Signature Page of the solicitation, or other official contract form, the Bidder certifies that:

In connection with the performance of this solicitation or any resulting Contract, the Bidder is stating and certifying that the Contractor/Company has not either directly, or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with the preparation or submission of its Submittal in response to this solicitation or any potential resulting Contract.

If any company is jointly owned or associated through common officers/employees with another company(s) that is/are responding to the same solicitation, both/all of those companies must take all precautions to ensure that the preparation of their bid or proposal submittal is done completely independent of the other company(s) or individual(s). Specifically, any individual working on preparation, approving or signing one submittal can have no knowledge of or interaction with any other bid or proposal submission from a different company for that same solicitation.

If the subject matter of this solicitation is construction, the Bidder shall submit a completed and notarized Non-Collusion Affidavit, stating and certifying that said Bidder/Company has not either directly, or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with the preparation or submission of its Submittal in response to this solicitation or any potential resulting Contract. The Bidder is to return the completed and notarized Non-Collusion Affidavit with its submittal.

16. IMMIGRATION LAW COMPLIANCE

The Bidder certifies and warrants that for all solicitations for services (including construction services), it has complied with and will maintain compliance with the E-Verify Program as required by A.R.S. §.23- 214(A) up to the time of the contract award. Failure to comply with the E-Verify Program may result in the automatic disqualification of the Submittal as being non-responsive or the termination of any contract awarded and the possible forfeiture of any applicable bond.

The City will include specific “Compliance with Federal and Arizona State Immigration Laws” language in any contract or subcontract it enters into with the successful Bidder. This language must be included in any subcontracts that the successful Bidder enters into with its subcontractors. In addition, the Bidder is to return the completed Contractor E-Verify Compliance Warranty with its submittal.

17. LAWFUL PRESENCE IN THE UNITED STATES FOR PERSONS

Arizona State law A.R.S. §1-502 (H.B. 2008) requires that all PERSONS who will be awarded a contract and apply for public benefit must demonstrate through a signed affidavit and the presentation of a copy of documentation that they are lawfully present in the United States.

A PERSON is defined as all-NATURAL PERSONS/INDIVIDUALS/SOLE PROPRIETORSHIPS as indicated by your W-9 Filing. (This law does not apply to LLP’s, LLC’s, PLLC’s, Corporations, Limited Partnerships or General Partnerships)

17. LAWFUL PRESENCE IN THE UNITED STATES FOR PERSONS – CONT’D

By submitting your quote, bid or proposal to the City, you are agreeing that if you are selected as the awardee and meet the criteria as a PERSON, you will abide by this law and sign and submit an AFFIDAVIT DEMONSTRATING LAWFUL PRESENCE IN THE UNITED STATES and attach the appropriate copy of your documentation in proof of that statement. Types of acceptable documentation copies are an Arizona Driver’s License issued after 1996, Arizona non-operating identification license, U.S. birth certificate, U.S. Passport, I-94 Form with photograph and several others that are all listed on the Affidavit form that the City will send to you for your completion prior to issuing any contract.

If you have previously done business with the City and already have filed the above Affidavit with copies of an acceptable document, please indicate the date of submission. An acceptable Affidavit already on file with the City will be sufficient to meet this requirement.

If you fail to provide a completed Affidavit and accompanying acceptable copy of your documentation, or not advise the City of your prior filing within 10 calendar days of being requested, then you may be considered non-responsive and disqualified from award consideration. You can obtain the complete Affidavit form from the Purchasing Department at (480) 312-5700 or the Purchasing web site at http://www.scottsdaleaz.gov/Purchasing on the lower right side of the page under Forms.

18. TAXES/LICENSES

Federal Excise Taxes: The City of Scottsdale is exempt from certain federal excise taxes. The most common areas where the City is exempt are:

1. Fuel that is used by the City

2. Communication

3. Heavy trucks, trailers and tractors

4. Certain Superfund activity

If there is a specific circumstance that is in doubt, you should contact the City to resolve the status of that Federal Excise tax and its applicability.

Transaction Privilege (Sales) Taxes on the City: The City of Scottsdale is not exempt from being charged the appropriate Arizona State, County, and City privilege (sales) taxes on the goods and services that it procures. For suppliers within the state of Arizona the City expects to be charged the appropriate privilege taxes on the invoice. For out of state suppliers that do not have the ability to collect Arizona privilege taxes, the City will self-accrue such Arizona State and City use taxes for collection and payment to the State of Arizona and City of Scottsdale.

18. TAXES/LICENSES – CONT’D

Transaction Privilege (Sales) Taxes on the Supplier / Contractor: Certain Business Services and Activities may incur a City of Scottsdale Transaction Privilege (sales) tax liability. To determine the City of Scottsdale tax treatment, please visit the following website and view the City of Scottsdale Tax Code and other Privilege and Use tax resources.

Questions pertaining to the applicability of taxes shall be directed to the City of Scottsdale Tax & License Section at 480-312-2400. The Contractor shall be responsible for payment of all applicable taxes due on contract income whether or not such taxes are specifically separated in the bid amount.

http://www.scottsdaleaz.gov/taxes/

Certain Business Services and Activities may have a State Transaction Privilege (sales) tax liability. To determine the State tax treatment, please visit the following website or contact the Arizona Department of Revenue at 602-716-6578 or 602-716-6657.

http://azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=42

To obtain a State of Arizona Privilege (Sales) Tax License Application, please go to the following website:

http://www.azdor.gov/Business.aspx

The City of Scottsdale requires a license for service-oriented businesses located in Scottsdale that do not have a City of Scottsdale transaction privilege (sales) tax liability. This includes all activities or acts including, but not limited to service, professionals, trades and occupations, personal or corporate. To engage or continue in business the owner must obtain a Business, Occupational and Professional license. Service oriented businesses located outside the City limits are NOT required to obtain a Business, Occupational and Professional License from the City of Scottsdale.

Please visit the following website for the City of Scottsdale Transaction Privilege & Use Tax License and the Business, Occupational and Professional License applications:

http://www.scottsdaleaz.gov/taxes/

Bidder is solely responsible for any and all tax obligations which may result out of the Bidder’s performance of this contract. The City has no obligation to pay any amounts for taxes, of any type incurred by the Bidder.

Construction Related Transaction Privilege (Sales) Taxes Responsibility of the Contractor:

The Contractor shall be responsible for payment of all applicable State of Arizona and City of Scottsdale transaction privilege (sales) taxes due on construction income whether or not such taxes are specifically separated in the bid amount. The taxes are to be reported on either a progressive billing (accrual) basis or cash receipts basis, depending on the method chosen at the time application was made for the Privilege (sales) Tax License.

City Privilege (sales) tax exemptions/deductions may be applicable to certain projects. We advise you to consider this as you prepare your bid. Please review, in detail, Sections 415, 465, and 110 of the Scottsdale Revised City Code, Appendix C to determine if exemptions/deductions are applicable. For tax guidance, please reference the City Code and other tax resources at the following website:

http://www.scottsdaleaz.gov/taxes/ http://www.scottsdaleaz.gov/taxes/ http://azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=42 http://www.azdor.gov/Business.aspx

18. TAXES/LICENSES – CONT’D

The State of Arizona has similar exemptions; please reference ARS Title 42 at the following website:

http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=42

To determine tax treatment of design/build contracts, please contact the Arizona Department of Revenue at 602-255-2060 and the City of Scottsdale Tax Audit Section at 480-312-2629.

Construction bids will be evaluated and recommended for award based on the total bid cost including tax.

19. CONTRACTOR’S LICENSING REQUIREMENTS

The Contractor shall identify its Arizona State Contractor's License Number and Classification on the Bid Form Signature Page as evidence that it is licensed to contract the work indicated in the specifications at the time of bid submittal.

In accordance with A.R.S. § 32-1151, it is unlawful for any person, firm, partnership, corporation, association or other organization, or a combination of any of them, to engage in the business of, submit a bid or respond to a request for qualification/quotation or a request for proposals for construction services as, act or offer to act in the capacity of or purport to have the capacity of a Contractor without having a Contractor’s license in good standing in the name of the person, firm, partnership, corporation, association or other organization at the time of bid submittal, if such licensing is a requirement of the Arizona Registrar of Contractors.

20. LITIGATION

The Bidder shall disclose along with any Submittal, any issue or potential issue that may have a material bearing on the financial condition, solvency or credit worthiness of the organization. Disclosure includes any material contingent liabilities or uninsured potential losses, involuntary contract terminations in other jurisdictions and any voluntary or involuntary bankruptcy filings over the past seven (7) years. The Bidder shall also disclose any litigation in which the Bidder has been involved in, either as a plaintiff or defendant, within the past three (3) years, and the Bidder shall agree to notify the City within seven (7) days of any litigation or significant potential for litigation of which the Bidder becomes aware. Further, the Bidder shall warrant that it will disclose in writing to the City all litigation involving the Bidder, the Bidder's related organization(s), owners and key personnel.

21. SUBCONTRACTOR’S LIST

If, at the time of bidding, any Bidder intends to subcontract any portion of this contract, the Bidder must complete the information required on the Subcontractor's List and include this list with bid submittal documents.

22. SUBCONTRACTORS

During the performance of the Contract, the Contractor may engage any additional Subcontractors as may be required for the timely completion of this Contract, unless specifically prohibited by the specification. The addition of any Subcontractors must first receive the approval of the City. The awarded Contractor may relieve Subcontractors of City Tax liability by providing them with a completed Subcontractor Written Declaration form.

http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=42

22. SUBCONTRACTORS – CONT’D

In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of this Contract rests with the Contractor. The Contractor assumes responsibility for the proper performance of the work of Subcontractors and any acts or omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between the City and any Subcontractor or Sub-Subcontractor, including but not limited to any third-party beneficiary rights.

23. CONFIDENTIAL INFORMATION

In accordance with the Rules R2-188.6 and R2-188.23 of City’s Procurement Code, requests for nondisclosure of confidential information such as trade secrets and other proprietary data must be made known to the City within the bid submittal or the submittal may be made available for public inspection after award of the contract. Bidders are instructed to clearly identify any proprietary information that may be submitted, and, if feasible, package such information in a separate, sealed envelope labeled “Confidential” or “Proprietary”. The City shall examine the portions of your proposal noted as “Confidential” and/or “Proprietary”. If a determination to disclose the information is made, you shall be so informed.

The City is subject to Arizona statutes and City Charter provisions that may permit the inspection of public records and cannot ensure confidentiality of any portion of a submittal document. This is the only notification concerning confidential information that will be given to potential Bidders, and this provision should be taken into consideration prior to submitting a bid. After contract award, and unless otherwise instructed by the Bidder, the City will destroy all information identified as confidential or proprietary in accordance with public records retention requirements.

24. SMALL BUSINESS

Small, minority owned businesses (MBE/WBE/DBE) are encouraged to respond to City of Scottsdale solicitations.

25. TITLE VI NOTICE

The City of Scottsdale assures full compliance with Title VI of the Civil Rights Act of 1964, Title II of the Americans with Disabilities Act of 1990 (ADA), and other related authorities in all of its programs and activities. The City’s Title VI and ADA Programs require that no person shall, on the grounds of race, color, national origin and disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity. This policy is also applicable to contractors and or consultants conducting work on behalf of the City.

All bidders are hereby notified that the City of Scottsdale will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

26. INTERPRETATIONS, ADDENDA

THE CITY OF SCOTTSDALE WILL NOT BE RESPONSIBLE FOR BIDDERS ADJUSTING THEIR SUBMITTAL BASED ON ORAL INSTRUCTIONS BY ANY MEMBER OF THE CITY STAFF OR BY THE CITY'S CONTRACTED CONSULTANT OR AGENT. SUBMITTALS DEVIATING FROM THE SPECIFICATIONS CONTAINED HEREIN

BY ANY MEANS OTHER THAN AN AUTHORIZED ADDENDUM ISSUED BY THE PURCHASING DIVISION

ARE SUBJECT TO REJECTION.

Should a Bidder find an ambiguity, inconsistency or error in the applicable Plans or Specifications, or should it be in doubt as to their meaning, it shall at once notify the contact person listed on page one of this solicitation, who will prepare a written addendum if warranted. The City shall not be responsible for oral instructions or information.

All questions shall be submitted as per the Solicitations Questions Clause.

Any addenda issued by the City shall become a part of the Contract. By signing and submitting a bid or proposal, the Bidder is acknowledging that it will abide by all addenda issued prior to the opening of the bids and agreeing that all pricing takes into account all such addenda.

A Notice of Addenda will be emailed to those who have registered as a downloader and provided their email address; or provided by other appropriate means to each Bidder, person or firm recorded on the Plan Holder’s list. The Bidder can return to the City’s website under Solicitation Opportunities to verify how many addenda have been issued for a specific solicitation. If the Bidder feels it is missing any addenda, it can register again as a downloader to obtain access to all issued addenda. A viewing copy of the addenda will also be available wherever the solicitation documents are kept. The Bidder is responsible to be aware of ALL addenda before submitting its final bid. The City takes no responsibility for any addenda that a Bidder has failed to address in its submittal and will hold the Bidder responsible that its pricing encompasses all issued addenda.

27. SUBMITTING BIDS

No Bid will be considered unless it is submitted on the bid forms contained herein. All submittals are to be completed on the applicable City of Scottsdale (COS) forms without any alterations; failure to do so may result in your submittal being rejected.

The City of Scottsdale is utilizing Bonfire Interactive to provide a procurement portal that allows access to business opportunities and to submit bids and proposals electronically. If you are not registered as a City of Scottsdale Bonfire vendor visit the Bonfire portal at: City of Scottsdale, AZ (bonfirehub.com) then follow the link to the Bonfire vendor registration page to register your company. Registration is easy and free. If you have any challenges with the registration process, please contact Bonfire Interactive Support at support@gobonfire.com.

Offeror shall submit all required documents and information electronically through the City of Scottsdale procurement portal at: City of Scottsdale, AZ (bonfirehub.com).

27. SUBMITTING BIDS – CONT’D

SEALED SOLICITATION SUBMITTALS WILL BE ELECTRONICALLY RECEIVED until the time and date stated in the portal and in the CRITICAL DATES section of the solicitation document. It shall be the responsibility of the bidder to confirm that bids contain all required documents and are submitted electronically through the City of Scottsdale procurement portal at: City of Scottsdale, AZ (bonfirehub.com)

LATE SUBMITTALS WILL NOT BE ACCEPTED. It is strongly recommended you begin your submission upload process at least one (1) day prior to the deadline. Any technical or internet-related issues that may arise during your submission are not grounds to extend the deadline.

Bids received after the time and date specified will be returned to the Bidder unopened. A bid may be withdrawn prior to the time set for opening bids. No bid may be withdrawn for a period of one hundred and twenty days (120) after the date set for receipt of bids.

Bids submitted to the City constitute a legally binding offer. In addition, the successful Bidder will be required to sign the City of Scottsdale standard construction contract included herein.

28. AWARD DETERMINATION

Bids will be evaluated and recommended for award based on the total bid cost including all applicable taxes. The total bid cost amount shall include all costs attendant to the bid such as any preparation charges and transportation and delivery charges fully prepaid by the Contractor to the destination specified in the Bid.

The contract will be awarded to the lowest responsible and responsive Bidder whose bid conforms in all material respects to the requirements and criteria set forth in the Invitation for Bids. The City reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the City.

In the event of an “Add Alternate” bid, Contractor understands City shall base the Contract award upon the total sum of the Base Bid only. However, Contractor may be requested by City to include the addition of add alternate(s) into the project scope of work if within budget at the time of such addition.

29. REJECTION OF BIDS

The Purchasing Director or City Council reserves the right, as the interest of the City requires, to reject any or all submittals, to waive any informality in submittals received, to award a contract by accepting or rejecting any alternate submittal(s) (additive or subtractive) and reserves the right to reject the submittal(s) of any Bidder who has previously failed to perform competently in any contract with the City.

30. PROTESTS

Pursuant to the City of Scottsdale Procurement Code Section 2-213, an aggrieved person may protest any aspect of a solicitation prior to award of a contract. As used herein, the phrase “any aspect of a solicitation” shall be limited in its interpretation to mean an alleged violation of the City’s Procurement Code as it relates to the bid solicitation, its evaluation, or its award.

A protest must be filed within ten (10) calendar days after the protestor, exercising reasonable diligence, knew or should have known of facts and circumstances upon which the protest is based. Failure to protest any issue, fact or circumstance that the protestor knew or should have known upon the exercise of reasonable diligence within said ten (10) calendar day period shall forever preclude a hearing based upon that issue, fact or circumstance.

Notice of Awards will be given either through the City Council Meeting Agendas for those contracts being awarded by City Council (i.e., for construction and professional services) or through a Notice of Intent to Award posting, seven (7) calendar days prior to award, on the Purchasing section of the City’s Internet Web Site for all administratively awarded contracts. Awards of contracts shall be final and no protest pursuant to this section may be filed after award.

A protest must be in writing and shall:

State the name and address of the aggrieved person.

Identify the contracting activity and the number of the solicitation.

Contain a statement of all the grounds for the protest that the protestor then knows or should know based upon the exercise of reasonable diligence. Include supporting exhibits, evidence or documents to substantiate any claims unless not available within the filing time in which case the expected availability date shall be indicated.

Material submitted by a protester shall not be withheld from an interested party except to the extent that the withholding of information is permitted or required by law or as determined pursuant to code provisions for confidential material.

If the protester believes the protest contains material that should be withheld, a statement advising the Director of this fact shall accompany the protest submission.

The written protest must be filed with the Purchasing Director at the following address:

City of Scottsdale Purchasing Services Department 9191 E San Salvador Dr.

Scottsdale, AZ 85258 Attn: Jenn Myers, Purchasing Director

The Director may dismiss a protest, upon a written determination, before scheduling a hearing if:

The protest does not state a valid basis for protest; or

The protest is untimely pursuant to Procurement Code Section 2-213.

30. PROTESTS – CONT’D

If the Director determines that a hearing is appropriate under the circumstances, the Director shall notify the protestor of the time and place set for a hearing on the protest. The Director may also give notice of the hearing to any other persons involved in the solicitation whose interests may be affected by the ruling requested from the Director. Any person whose interest is affected shall be permitted to intervene and participate in such hearing.

Nothing contained herein shall require that the protest hearing be held prior to the award, if evidence from the solicitation, its evaluation or its award cannot be released to the public until after the award in order to protect the competitive process or in the best interests of the City.

31. CONTRACT AWARD NOTIFICATION

Intent to Award notices for contracts conducted as formal solicitations will be posted on Purchasing’s procurement portal in the Past Public Opportunities Information section. Intent to Award notices can be downloaded by clicking on the View Opportunity button under the Action column and then by clicking on the Download button in the Supporting Documentation section for the appropriate document. Intent to Award and award information can be found at the link provided below:

https://scottsdaleaz.bonfirehub.com/portal/?tab=pastOpportunities

The City Council must approve the award of contracts for construction and professional services exceeding the formal procurement limit. Any contract award going to City Council for approval is not binding on the City until after approval by the City Council, even if previously signed by the Contractor and a City representative. All other contracts exceeding the formal procurement limit may be administratively awarded by the Purchasing Director.

It is the submitter’s responsibility to access this information from the City of Scottsdale Purchasing website link provided above. This is the only notification you will receive regarding the posting of Notices of Intent to Award and Award.

32. DONATIONS

If you intend to submit a bid or proposal, to avoid the appearance of impropriety, you shall not make any donation of goods or services to the City during the bid or proposal process.

https://scottsdaleaz.bonfirehub.com/portal/?tab=pastOpportunities

33. BID BOND

a) Each bid must be accompanied by a cashier's check made payable to the order of City of Scottsdale in the sum of not less than 10% of the total bid, or a bond with sufficient sureties to be approved by the City in a sum equal to 10% of the total bid, and naming City of Scottsdale as obligee. Bid Security will be returned to all but the two lowest responsible and responsive Bidders after the Intent to Award has been posted, and the remaining securities returned within fourteen (14) days after the final execution of the contract.

b) Each 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 State Department of Insurance pursuant to Arizona Revised Statutes Title 20, Chapter 2, Article 1. The bonds shall not be executed by an individual or personal surety or sureties. Additionally, the surety company issuing any bond shall have an A.M. Best Company Inc. Financial Strength Rating of not less than “A-VI”.

GENERAL TERMS AND CONDITIONS

1. ADDITIONAL SERVICE REQUESTED

Any service requested which is not specifically authorized by the Contract or written adjustments thereto, require the issuance of a separate purchase order by the City for authorization to perform, and separate billing by the Contractor for payment.

2. ADVERTISING

No advertising or publicity concerning the City using the Contractor’s services shall be undertaken without prior written approval of such advertising or publicity by the City of Scottsdale Contract Administrator and by the City Attorney.

3. ARIZONA LAW

The Contract and all Contract Documents are considered to be made under and will be construed in accordance with and governed by the laws of the State of Arizona without regard to the conflicts or choice of law provisions. Any action to enforce any provision of this Contract or to obtain any remedy under this Contract shall be brought in the Superior Court, Maricopa County, Arizona, and for this purpose, each party expressly and irrevocably consents to the jurisdiction and venue of this Court.

4. ASSIGNMENT

Services covered by this Contract may not be assigned or sublet in whole or in part without first obtaining the written consent of the Purchasing Director and Contract Administrator.

5. ATTORNEY’S FEES

In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Contract, or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party an award of reasonable attorneys’ fees and reasonable costs and expenses, which shall be deemed to have accrued on the commencement of such action and will be enforceable whether or not the action is prosecuted to judgment.

6. AUTHORITY

Each party hereby warrants and represents that it has full power and authority to enter into and perform this Contract, and that the person signing on behalf of each has been properly authorized and empowered to enter this Contract. Each party further acknowledges that it has read this Contract, understands it, and agrees to be bound by it.

7. CANCELLATION OF CITY CONTRACTS – CONFLICT OF INTEREST

Pursuant to A.R.S. § 38-511, as amended, the City may cancel any contract or agreement, without penalty or obligation, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the City’s departments or agencies is, at any time while the contract or any extension of the contract is in effect, an employee of any other party to the contract in any capacity or a contractor to any other party to the contract with respect to the contract’s subject matter. The cancellation will be effective when all other parties to the contract receive the City’s written notice unless the notice specifies a later time.

8. CAPTIONS/HEADINGS

The headings used in the Contract Documents are for ease of reference only and will not in any way be construed to limit or alter the meaning of any provision.

The captions used in this Contract are solely for the convenience of the parties, do not constitute a part of this Contract, and are not to be used to construe or interpret this Contract.

9. CERTIFICATE OF INSURANCE

The successful vendor(s) will be required to furnish the City of Scottsdale a certificate of insurance on a standard insurance industry ACORD™ form or its equivalent. The ACORD™ form must be issued by an insurance company authorized to transact business in the State of Arizona. A sample of a standard insurance industry ACORD™ form with the required additional insured language can be found on the Purchasing web site under forms at: http://www.scottsdaleaz.gov/Purchasing. Failure to provide a Certificate of Insurance with the appropriate verbiage will result in rejection of your certificate and/or may be cause for contract default. Additionally, Certificates of Insurance submitted without referencing the Solicitation Number may be subject to rejection and discarded.

10. CHEMICALS

Contractors shall provide Safety Data Sheets (SDS) for all substances that are delivered to the City of Scottsdale, that come under the Federal requirements of 29CFR 1910 Subpart Z - Toxic and Hazardous Substances, which includes 29CFR 1910.1200 - Hazard Communication

All Contractors using chemicals on City of Scottsdale property shall use only the safest chemicals, with the least harmful ingredients. These chemicals shall be approved for use by a City of Scottsdale representative prior to bringing them on City property.

Contractors shall make every attempt to apply approved chemicals with highly volatile organic compounds, outside of working hours. Adequate ventilation shall be used at all times during the application of these approved chemicals.

In conjunction with the Occupational Safety and Health Standards, Subpart-Z Toxic and Hazardous Substances, and Section 1910.1200 Hazard Communication, Contractors are hereby informed of the presence (or possible presence) of chemicals in the area where the work requested will be performed.

All selected Contractors shall contact the City of Scottsdale for specific information relative to the type of chemicals present and location of appropriate safety data sheets.

11. COMPLIANCE WITH FEDERAL AND ARIZONA STATE IMMIGRATION LAWS

The Bidder certifies and warrants that for all solicitations for services (including construction services), it has complied with and will maintain compliance with the E-Verify Program as required by A.R.S. §.23- 214(A) up to the time of the contract award. Under the provisions of A.R.S. §41-4401, the Bidder warrants to the City that the Bidder and all its subcontractors will comply with all Federal Immigration laws and regulations that relate to their employees and that the Bidder and all its subcontractors now comply with the E-Verify Program under A.R.S. §23-214(A).

11. COMPLIANCE WITH FEDERAL AND ARIZONA STATE IMMIGRATION LAWS – CONT’D

A breach of this warranty by the Bidder or any of its subcontractors will be considered a material breach of this Contract and may subject the Bidder or Subcontractor to penalties up to and including termination of this Contract or any subcontract.

The City retains the legal right to inspect the papers of any employee of the Bidder or any subcontractor who works on this Contract to ensure that the Bidder or any subcontractor is complying with the warranty given above.

The City may conduct random verification of the employment records of the Bidder and any of its subcontractors to ensure compliance with this warranty. The Bidder agrees to indemnify, defend and hold the City harmless for, from and against all losses and liabilities arising from any and all violations of these statutes.

The City will not consider the Bidder or any of its subcontractors in material breach of this Contract if the Bidder and its subcontractors establish that they have complied with the employment verification provisions prescribed by 8 USCA §1324(a) and (b)…