Western Hills Neighborhood Revitalization - FHWA

This project shall consist of roadway paving, sidewalk additions, ADA ramps, shared use park path, bus stop enhancements and shelters, and drainage improvements.

All roadways within the project limits will be milled and repaved, and utility adjustments and roadway re-striping will happen concurrent with the work. Some sections of roadway will be reprofiled to assist with positive stormwater drainage. New sidewalk will be installed in areas of the neighborhood that lack pedestrian connections. Additionally, ADA ramps will be constructed at roadway intersections to meet ADA requirements. Bus stops along S Campbell Ave and E 36^th St will receive enhancements such as new bus pads, shelters, benches, and trash receptacles. A new shared use path will be installed within James Thomas Park.

Project Details

• Reference ID: 260170
• Department: Transportation & Mobility
• Department Head: Sam Credio (Director)

Important Dates

• Questions Due: 2026-04-24T19:00:00.000Z
• Pre-Proposal Meeting: 2026-04-17T17:00:00.000Z — Virtual Teams Meeting

Evaluation Criteria

• DEFINED TERMS —

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

• DEFINITIONS —

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

  Addendum- written or graphic instrument issued prior to the due date which clarifies, corrects or changes the Solicitation.

  Architect/Engineer - the person licensed to practice architecture/engineering by the State of Arizona and who is identified as the Architect/Engineer of Record by affixing his/her seal upon the Contract plans, drawings, specifications and related documents. May be utilized to provide construction administration services.

  Bonds - bid, performance and payment bonds and other instruments of security.

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

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

  City Contract Representative (Project Manager)- the City official administering the Contract for the City of Tucson.

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

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

  Construction-Manager-At-Risk – a project delivery method in which there is a separate contract for design services and a separate contract for construction services, with design and construction taking place in sequential or concurrent phases, and in which finance services, maintenance services, operations services and preconstruction services may be included.

  Construction Services – either of the following for construction-manager-at-risk, design-build and job-order-contracting project delivery methods:

  a) construction, excluding services, through the construction-manager-at-risk or job-order-contracting project delivery methods;

  b) a combination of construction and, as elected by the City, one or more related services, such as finance services, maintenance services, operations services, design services and preconstruction services.

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

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

  Contract Officer - the City official who conducts the solicitation process to secure a Contractor for the Work and who acts under the authority and direction of the City’s Director of Procurement and in accordance with the Tucson Procurement Code.

  Contractor - the person, firm or corporation with whom the City has entered into the Contract.

  Design-Build – the process of entering into and managing a contract between the City and a contractor in which the Contractor agrees to both design and build a structure and in which design and construction services may be in sequential or concurrent phases, and which may include finance services, maintenance services, operations services, design services and preconstruction services.

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

  Director of Business Services– the person acting as Director of Business Services and who has authority to award and revise City solicitations and contracts for construction, construction services, and construction-related services as necessary.

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

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

  Field Order - a written order or directive issued by the City Contract Representative that orders minor changes in the Work.

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

  Finance Services – financing services for the Work.

  Guaranteed Maximum Price or GMP - the sum of the maximum cost of the Work; the Construction Manager @ Risk’s or Design Builder’s construction fee; general conditions fee; taxes, bonds, insurance costs; and bid contingency as proposed and approved pursuant to this Agreement. The approved GMP will be made part of this Agreement by executing an addendum or additional addenda for phased construction.

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

  Liquidated Damages – a sum set forth in the Contract documents that will be deducted from any monies due to the Contractor, not as a penalty, but in lieu of actual damages for late completion of the work.

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

  Notice to Proceed - a written notice given by the City to the Contractor fixing the date on which the Completion time will commence and upon which the Contractor shall start to perform the Contractor's obligations under the Contract.

  Operations Services – routine operation of existing facilities, structures, buildings or real property.

  Preconstruction Services – services during the design stage of the Work.

  Contract

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

  Schedule of Values - a schedule submitted by the Contractor setting forth the values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the City Contract Representative may require. This schedule must be submitted before the Contractor submits its first application for progress payment and shall be used as a basis for reviewing and approving payments to the Contractor.

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

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

  Substantial Completion – a written declaration of the date upon which the City, in its sole discretion, determines the Work is substantially complete such that the City has beneficial use and/or occupancy. Upon substantial completion, the right of the City to assess liquidated damages for time after the date of substantial completion ceases, except as allowed for failure to meet final completion within thirty days of substantial completion.

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

  The Work - the entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract, or, in the case of a job-order contract, within individual Notices to Proceed. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract. and/or Notice to Proceed, as appropriate.

   

   

• Scope of Work —

  Contractor shall construct all elements of the project according to City of Tucson Plan No. U-2025-010, as well as the PAG standard specifications and project Special Provisions. See attachments for additional project details.

• The Contractor agrees to: —
  1. Obtain insurance coverage of the types and amount required in this section and keep such insurance coverage in force throughout the life of this contract. All policies will contain an endorsement providing that written notice be given to the City at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy.
  2. The Commercial General Liability, Commercial Automobile Liability and umbrella policies where applicable will include the City as an additional insured with respect to liability arising out of the performance of this contract. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. The Contractor agrees that the insurance hereunder will be primary and that any insurance carried by the City will be excess and not contributing.
  3. Provide and maintain minimum insurance limits as applicable.
• ASSIGNMENT OF CONTRACT —

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

• CITY OF TUCSON —

  NOTICE OF INVITATION FOR BID NO. 260170

  Western Hills Neighborhood Revitalization - FHWA

  PROJECT SITE: Various Locations

  PLAN NUMBER: U-2025-010

  PRICE RANGE: Between $5,000,000 and $10,000,000

  SBE/DBE GOAL: 0% DBE

  ADOT TRACS # T046601C

  PRE-BID CONFERENCE DATE: Friday, April 17, 2026 AT 10:00 am LOCAL AZ TIME

  PRE-BID CONFERENCE LINK

  Meeting ID: 214 587 937 912 76
  Passcode: aG65i5bF
   
  Dial in by phone
  +1 213-293-2303
  Phone conference ID: 179 112 660# 
   

  BID DUE DATE: Friday, May 1, 2026 AT 2:00 pm LOCAL AZ TIME

  BID OPENING MEETING LINK

  Meeting ID: 299 984 687 980 507
  Passcode: Mi2HC9CQ
   
  Dial in by phone
  +1 213-293-2303
  Phone conference ID: 634 018 865# 
   

  QUESTIONS SHALL BE DIRECTED TO:

  Leticia Riesgo
  (520) 837-4138
  leticia.riesgo@tucsonaz.gov

   

  Publication Dates: Tuesday, April 14, 2026 and Tuesday, April 21, 2026

  Posted Date: Friday, April 10, 2026

• DEFINITIONS —

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

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

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

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

  City: The City of Tucson, Arizona.

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

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

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

  May: Indicates something that is not mandatory but permissible.

  Must: The action or condition is required.

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

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

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

• Commercial General Liability —

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

  Each Occurrence: $1,000,000

  General Aggregate: $2,000,000

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

  Personal and Advertising Injury: $1,000,000

  Blanket Contractual Liability: $1,000,000

• BID SURETY —

  Bidders/Offerors shall furnish, with their bid/offer, a bid surety in the amount of NO VALUE% of their total bid/offer. This may be in the form of a bid bond, certified check, cashier’s check, letter of credit from a bank, certificate of deposit, money order or an annual bid and performance bond. When filing with the City, an annual bid and performance bond shall be in an amount no less than NO VALUE. Checks provided as surety will be deposited by the City. Refunds will be made to any unsuccessful bidders/offerors upon determination of award.

• THE CONTRACT EXECUTION AND INTENT —
  1. The Contract:
     1. The documents in the Contract the solicitation contents and any addenda, drawings, change orders and approved Contractor submittals.
     2. The Contract comprises the entire agreement between the City and the Contractor concerning the Work and supersedes any prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by an instrument in writing and fully executed by the authorized parties to the Contract.
  2. Intent of the Contract
     1. The intent of the Contract is to include all labor, materials, equipment, transportation and all other costs and expenses necessary for the proper execution and completion of the Work by the Contractor.
     2. The Contract shall be construed in accordance with the laws of the State of Arizona, and all such laws regulating the construction of public works by the City are hereby incorporated herein by reference and made a part hereof.
     3. Materials or work described in words, which have a well-known technical or trade meaning, shall be held to refer to such recognized standards.
     4. The organization of the Contract into divisions, sections or articles is merely for the purpose of convenient reference, and neither the headings nor divisions shall have any legal or Contractual significance and shall not control the division of the Work by the Contractor among the various subcontractor or trades.
     5. The Contractor shall include all utility fees, permits, licenses, etc. including sewer connection fees in each estimate or proposal submitted.
  3. Execution
     1. Execution of the Contract by the Contractor is a representation that the Contractor has thoroughly examined the Contract.
  4. Ownership of the Contract
     1. The Contract, including, but not limited to, the drawings and specifications, is the property of the City and is not to be used by the Contractor or any subcontractor on other projects outside the scope of the Work without the express written consent of the City.
• PRE-SUBMITTAL MEETING —

  A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation, if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position.

• Commercial Automobile Liability —

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

  Combined Single Limit: $1,000,000

• CHILD/SWEAT-FREE LABOR POLICY —

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

• ADMINISTRATION OF THE CONTRACT —
  1. Lines of Authority and Communications
     1. The City's Director of Business Services Department is the City official with overall authority and responsibility for the award and administration of City Contracts. The Director of Business Services or his/her designated Business Services Department representative after consultation with the City Contract Representative has the ultimate authority to resolve disputes concerning Contract performance and to stop the Work whenever such stoppage may be necessary to ensure the proper execution of the Work.
     2. The City Contract Representative is the designated representative of the particular City department for which the Work is being constructed (the “user department”) or the City department which is responsible for the oversight of the work.
     3. Day-to-day administration of the Contract is the responsibility of the City Contract Representative. The City Contract Representative is the City’s representative during the prosecution of the Work and shall act as surveillant and technical advisor for the City.
     4. The Contractor shall supervise and direct the Work and shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work, unless the Contract gives other specific instructions concerning these matters.
     5. Except where the Contract otherwise provides or where direct communication has been specifically authorized, the Contractor shall initially communicate with the City Contract Representative.
  2. City Contract Representative’s General Authority and Responsibilities
     1. Unless the Contractor is responsible for the design of the Work, the City Contract Representative shall furnish to the Contractor, free of charge unless it is provided otherwise in the Contract, up to three copies of drawings, specifications and instructions available for the execution of the Work. The City Contract Representative may furnish additional clarifications or interpretations in writing or by drawings as may be necessary for the proper progress and execution of the Work. Such additional clarifications and interpretations shall be furnished with reasonable promptness, and the Contractor shall not do work without drawings or written clarifications where needed. All drawings, specifications and copies thereof furnished by the City Contract Representative are City property. They are not to be used on other work and, with the exception of the signed Contract, and are to be returned to the City Contract Representative at the completion of the Work.
     2. The City Contract Representative shall make general surveillance of the Work. By making sufficient periodic visits to the site of the Work, the City Contract Representative will become thoroughly familiar with the progress and quality of completed portions of the Work, and will assess if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract.
     3. The City Contract Representative will decide all questions which may arise as to the quality and acceptability of materials furnished and Work performed and as to the rate of progress of the Work, and all questions which may arise as to the interpretation of the drawings and specifications.
     4. The City Contract Representative shall have the authority to reject work that is not in conformity with the Contract and to order additional inspections and testing of the Work. The City Contract Representative's failure during the progress of work to discover or reject materials or work not in accordance with the plans, specifications or contract documents shall not be considered an acceptance of the work or materials or a waiver of defects. Neither the failure of the City Contract Representative to properly perform inspections, tests or approvals required by the contract documents nor the activities or duties of the City Contract Representative in the administration of this contract shall relieve the Contractor from the contractor's responsibility for the means, methods, techniques, sequences or scheduling of the construction or the obligation to perform the work in strict accordance with the contract documents.
     5. The City Contract Representative shall conduct an initial review of, and approve or deny, written Change Orders submitted by the Contractor, and may prepare Change Orders and provide field clarifications and corrections. All Change Orders shall be approved by the Director of Procurement or designee prior to any work being done. However, in emergencies endangering life or property, the City Contract Representative may take action and issue orders which are deemed necessary to avert the loss of life or property.
     6. The City Contract Representative shall make recommendations to the Contract Officer as to all claims of the Contractor.
     7. The City Contract Representative will review and process the Contractor's monthly Estimates for Payment.
     8. The City Contract Representative will conduct inspections to determine the dates of Substantial Completion and Final Completion and will certify such dates to the Contract Officer.
     9. The City Contract Representative will not have control over or charge of, and will not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility. Failure of the City Contract Representative to note unsafe working conditions or conditions dangerous to the general public, or to stop work on account of such conditions, shall not relieve the Contractor of sole responsibility for such conditions.
  3. Public Inspections
     1. Unless otherwise specifically provided in the Contract, Public Inspectors who perform day-to-day inspections of the Work for compliance with applicable codes will have authority to require compliance with drawings, specifications and applicable codes, and may provide clarification of any unspecified or unclear item or situation.
     2. If the drawings or specifications, laws, ordinances, or any public authority requires any work to be specially tested or approved, the Contractor shall give the City Contract Representative timely notice of its readiness for inspection. If the inspection is by an individual, authority or entity other than the City Contract Representative or the Public Inspectors, the Contractor shall advise the City Contract Representative of the date fixed for such inspection.
     3. All tests, inspections or approvals required to be performed by the City Contract Representative, Public Inspectors, or other authorities or entities shall not relieve the Contractor of their obligation to perform the Work in accordance with the Contract.
  4. Special Inspections and Testing of Materials
     1. All equipment and materials used in the construction of the work, especially those upon which the strength and durability of the structure may depend, will be subject to adequate inspection and testing in accordance with accepted standards, to establish conformance with specifications and suitability for the use intended, as determined by the City Contract Representative.
     2. The performance of tests and the engagement of testing laboratories or agencies must have the prior approval of the City Contract Representative. Except as provided in subsection D.3, the City will pay for approved tests and services rendered by the approved laboratory or agency in addition to the Contract price for construction.
     3. When initial tests indicate that any portion of the Work is not in conformance with the Contract because of faulty workmanship, the Contractor shall be required to pay for necessary re-tests. When initial tests indicate that the work is in conformance with the Contract, any re-testing that’s ordered by the City shall be paid for by the City.
• Worker's Compensation (Applicable to the State of Arizona) —

  Per Occurrence: Statutory

  Employer's Liability: $1,000,000

  Disease Each Employee: $1,000,000

  Disease Policy Limit: $1,000,000

  *Sole Proprietor/Independent Contractor designation is given to those who desire to waive their rights for workers’ compensation coverage and benefits as outlined in ARS§ 23-901 and specifically ARS § 23-961 (O). If applicable, please request the Sole Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation.

• INQUIRIES, INTERPRETATIONS, OMISSIONS, DISCREPANCIES, AND INTERPRETATIONS —

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

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

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

• COMPLIANCE WITH LAWS —

  The parties will comply with all federal, state and local laws, rules, regulations, standards and Executive Orders including, without limitation, the following:

  1. Americans with Disabilities Act. Contractor will comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101, et seq.) and its regulations, including 28 CFR Parts 35 and 36. If Contractor will provide or make available web content or mobile applications, the Contractor must demonstrate that its work product conforms to the DOJ’s April 24, 2024 final rule under Title II of the ADA by providing either (1) a current Accessibility Compliance Report (ACR) based on the latest version of the Voluntary Product Accessibility Template (VPAT) for the Web Content Accessibility Guidelines (WCAG) 2.1, or (2) an independent third-party evaluation from an accessibility consultancy.
     1. The Contractor’s indemnification obligations under this Agreement shall include all allegations, demands, proceedings, suits, actions, claims, liability, damages, losses, expenses (including but not limited to attorney fees, court costs, and all claim-adjusting and claim-handling expenses) or disbursements of any kind or nature in any way relating to or arising from the Contractor’s breach of this section or non-compliance with any of the provisions of the ADA.
     2. In addition to any other rights and remedies in this Agreement, the City may exercise the following remedies if the Contractor breaches this section or fails to comply with any provision of the ADA:
        1. The City may require the Contractor to remediate within 30 days at the Contractor’s expense,
        2. The City may terminate the contract without penalty, or
        3. The City may perform any necessary testing and/or remediation and deduct the actual cost from any outstanding payments to the Contractor or seek reimbursement for the actual cost from the Contractor.
     3. As a courtesy and for convenience, the City is providing this link for the VPAT template: https://www.itic.org/policy/accessibility/vpat. The most updated template for WCAG compliance must be downloaded, completed, and returned to the City with Contractor submissions.

  2. Workers’ Rights Laws. Contractor will comply with all applicable provisions of Federal and State Child Labor and Workers’ Rights laws and agrees if called upon to affirm in writing that they and any subcontractors working under this Contract are in compliance.

• Environmental & Hazardous Waste —

  Each Claim: $

  Annual Aggregate: $

• CONSTITUENT CLAIMS LANGUAGE —

  With regard to claims arising out of or related to this contract that are filed against the Contractor, the Contractor or Contractor’s representative is required to provide notice to the City’s Business Services Department - Procurement Division and Risk Manager within 60 calendar days following the date of the receipt by the Contractor of such claim. The notice to the City must include the following information: (1) the date of the incident or occurrence that is the basis of the claim; (2) the damages identified in the claim; (3) the date of the Contractor’s written response to the claim; and (4) a copy of Contractor’s written response to the claim. Notification shall be deemed sufficient if given by (a) registered or certified mail, postage prepaid, return receipt requested, (b) private courier service, or (c) facsimile addressed to the respective addresses of the parties as first above written or at such other addresses as the respective parties may designate by like notice from time to time.

  City of Tucson

  Business Services Department - Procurement

  255 W. Alameda, 6th floor

  Tucson, Arizona 85701

  Facsimile: 520-791-4735

  City of Tucson

  Business Services Department - Risk Management

  255 W. Alameda, 5th floor

  Tucson, AZ 85701

  Facsimile: 520-624-2061

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

   

• ADDENDUM OF SOLICITATION —

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

• Pollution Legal Liability —

  Each Claim: $3,000,000

  Annual Aggregate: $6,000,000

  Coverage must include pollution losses arising out of completed operations and must apply to all locations utilized for the acceptance, disposal and storage of hazardous waste materials. The policy shall include bodily injury, property and physical damage (including damage to soil, surface water, ground water, plant or animal life) resulting from the loss of use and, cleanup cost. Coverage shall also include sickness, disease, mental anguish, shock, death and medical monitoring cost. Coverage shall include defense cost, charges and expenses incurred in the investigation or defense of claims for compensatory damages.

• UNDERSTANDING SCOPE OF WORK —

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

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

  • Examine the Bidding Documents thoroughly,
  • Visit the site to become familiar with local site conditions that may affect cost, progress, performance or furnishing of the Work,
  • Consider Federal, State and local laws and Regulations that may affect cost, progress, performance or furnishing of the Work,
  • Study and carefully correlate Bidder's observations with the Bidding Documents, and
  • Notify the Construction Administrator in writing of all conflicts, errors or discrepancies noted in the Bidding Documents.

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

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

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

• THE CONTRACTOR'S DUTIES AND RESPONSIBILITIES —
  1. Contractor's Review of Contract and Site Conditions
     1. It shall be the duty of the Contractor to carefully study and compare all drawings, specifications and instructions. If any discrepancies, errors, omissions or inconsistencies are discovered in the drawings or specifications, or between the drawings and specifications, or there are any conflicts between existing site conditions and the requirements of the drawings and specifications, the Contractor shall immediately call all such discrepancies to the attention of the City Contract Representative. If the Contractor performs any construction activity knowing it involves an error, inconsistency or omission in the Contract without such notice to the City Contract Representative, the Contractor shall assume full responsibility for such performance and shall pay a proportionate share of the attributable costs for correction.
     2. The Contractor shall be required to use, for data and dimensions, figures marked on the drawings in preference to what the drawings may measure to scale; but in the absence of figured dimensions, scale dimensions may be used with the prior written concurrence of the City Contract Representative. The Contractor shall verify all dimensions shown and check all measurements in connection with any present building or buildings, level or grades, walks, driveways or other existing conditions before executing any work. Errors or inconsistencies shall be reported to the City Contract Representative immediately. It is the responsibility of the Contractor to provide BLUESTAKE verification of underground utilities on and off the construction site.
     3. Change orders will not be issued to cover any cost, loss or expense for additional labor or materials required to rectify any error or inconsistency in the drawings and specifications unless prior notification is given by the Contractor to the City Contract Representative.
     4. The Contractor shall perform the Work in accordance with the Contract and with shop drawings, product data and samples that have been approved by the City Contract Representative.
     5. Notwithstanding the above provisions, if the Contractor is responsible for the design of the Work, the Contractor shall ensure the accuracy and completeness of the drawings, specifications and instructions. If any discrepancies, errors, omissions or inconsistencies are discovered in the drawings or specifications, or between the drawings and specifications, or there are any conflicts between existing site conditions and the requirements of the drawings and specifications, the Contractor shall immediately call all such discrepancies to the attention of the City Contract Representative and shall be responsible for any required corrective action.
  2. Contractor's Supervision
     1. The Contractor shall efficiently and continuously supervise and direct the Work, using its best skill and attention. Unless the Contract specifically provides otherwise, the Contractor shall be solely responsible for and shall exercise control over construction means, methods, techniques and procedures and shall coordinate the sequences of all portions of the Work.
     2. The Contractor shall provide an experienced and capable superintendent/project manager who shall be in attendance at the project site at all times during performance of the Work and who shall be acceptable to the City Contract Representative. The superintendent/project manager shall not be changed except with the concurrence of the City Contract Representative, unless they cease to be in the Contractor’s employ. The superintendent/project manager shall represent the Contractor in their absence and all notifications given to them shall be as binding as if given to the Contractor.
     3. The Contractor agrees that it is as fully responsible to the City for the acts and omissions of its subcontractors and of persons, either directly or indirectly employed by the Contractor, as it is for the acts and omissions of persons directly employed by the Contractor.
  3. Materials and Labor; Warranty
     1. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, equipment, tools, construction equipment and machinery, water, gas, heat, utilities, transportation, and other facilities and services necessary for the execution, completion and delivery of the Work within the specified Completion Time.
     2. The Contractor shall pay all applicable taxes associated with the Work.
     3. The Contractor warrants to the City that all materials and equipment furnished under the Contract will be new unless otherwise specified, and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.
     4. The Contractor will be held to furnish all work as specified in the Contract. After a price proposal for the Work has been accepted by the City, changes of brand named, trade named, trade marked, patented articles, or any other substitutions will be allowed only by written order signed by the City Contract Representative. Unless otherwise agreed to via Change Order, the City shall receive all benefits of the difference in costs.
  4. Construction Schedules and Submittals
     1. Before commencing the Work, the Contractor shall provide the City Contract Representative with a construction schedule for the Work, fixing the dates at which various pre-determined events shall occur in order to promote a timely completion of the various parts of the Work in accordance with the Contract. The schedule may be revised from time to time as may be required by conditions of the Work, but shall not exceed time limits, or any extensions thereof, set forth in the Contract.
     2. The Contractor shall prepare and keep current for the City Contract Representative's approval, a schedule of submittals which shall be coordinated with the Contractor's construction schedule and allow the City Contract Representative reasonable time to review such submittals.
     3. After review, the City Contract Representative, with reasonable promptness, shall approve these shop or setting drawings, product data, samples and sequences for conformance with the design concept of the project, the approved construction schedule, and other requirements of the Contract.
     4. The Contractor shall make any corrections required by the City Contract Representative and re-submit such corrected materials to the City Contract Representative for approval. Any correction or change that will result in a design or function change or in an increase or decrease in the Contract price must also receive the prior approval of the City’s Director of Business Services Department or designee.
     5. The Contractor shall perform no portion of the Work requiring submittal and review of shop drawings, product data, samples or schedules until the respective submittals have been approved by the City Contract Representative, and shall not deviate from such submittals after final approval by the City Contract Representative.
     6. When re-submitting shop drawings, product data, samples or similar submittals containing requested revisions requested by the City Contract Representative on previous submittals, the Contractor must direct specific attention to any revisions they have independently made in such shop drawings, product data, samples or other submittals over and above those revisions specifically requested by the City Contract Representative.
     7. Approval by the City Contract Representative of shop drawings, product data or other submittals shall not relieve the Contractor of responsibility for deviations from requirements of the Contract unless the Contractor has specifically informed the City Contract Representative in writing of such deviation at the time of submittal and the City Contract Representative has given a written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in shop drawings, product data, samples or similar submittals by the City Contract Representative’s approval thereof.
     8. As-builts documents must be provided to the City by the Contractor within in thirty days of substantial completion. The City reserves the right to withhold final payment until complete as-builts have been received in good order by the City Contract Representative.
  5. Documents and Samples at the Work Site
     1. Unless otherwise directed by the City’s Contract Representative, the Contractor shall maintain at the Work site a complete file of the drawings, specifications, addenda, change orders and other approved modifications, in good order and marked to reflect changes and selections made during construction, together with all approved shop drawings, product data, samples and similar required submittals. Such files shall be made available to the City Contract Representative and Public Inspectors upon request.
  6. Protection and Use of Site - (Signs, Utilities, Water, Sanitation, Traffic, etc.)
     1. The City will provide land, rights-of-way and easements for all work specified in the Contract. The Contractor shall confine there apparatus, the storage of materials and the operations of its workmen to limits indicated by law, ordinances, permits or directions of the City Contract Representative, and shall not unreasonably encumber the premises with their material and equipment.
     2. Contractor shall prevent any damage to pipes, sewers, computer and phone lines, conduits or other structures, including public and/or private lawns, gardens, shrubbery and trees encountered in the Work, and shall hold the City harmless from damages for any injury done to such pipes, structures or property during the course of the Work.
     3. Work shall be accomplished so that there will be a minimum of traffic interruption and inconvenience, discomfort or damage to the public. The Contractor shall maintain sufficient barricades, flares, signs, etc., as outlined in the Traffic Control Plan or “Street Barricading and Channelization Manual for Temporary Traffic Control” prepared by the City’s Department of Transportation and Mobility. If it becomes necessary to close a street entirely during certain phases of the work permission shall be obtained from the City Contract Representative and City or County Traffic Engineer, as the location of the Work may require. Police and Fire Departments must be notified twenty-four (24) hours in advance of the closing and opening of said street and the Contractor must furnish and place all necessary detour signs.
     4. The Contractor shall supply safe drinking water for all Contractor employees at the Work site. Water from existing fire hydrants may be made available to the Contractor upon his request to the City’s Water Department through the City’s Contract Representative. In such cases where the City elects to provide hydrant water, the Contractor will be provided a meter for the fire hydrant and will be charged the City's current rate for all water used. A deposit for the meter will be required by the City’s Water Department.
     5. If archaeological, historical or paleontological features are encountered or discovered during any activity related to the Work, the Contractor shall stop work immediately at that location and shall take all reasonable steps to secure the preservation of those features. The City Contract Representative will make arrangements for the proper treatment of the affected portion of the Work site. The Contractor shall not resume work in the affected portion without the prior approval of the City Contract Representative. Extensions in the Completion time for delays resulting from the discovery of archaeological, historical or paleontological features, if such discovery results in a delay to the progress of the Work, may be claimed by the Contractor in accordance with Claims and Disputes.
  7. Cutting and Patching
     1. The Contractor shall do all cutting, fitting or patching of the Work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon or reasonably implied by the drawings and specifications for the completed project.
     2. The Contractor shall not endanger any work by cutting, patching, digging or otherwise, and shall not cut or alter the work of any other contractor except with the prior written consent of the City Contract Representative and the other contractor.
     3. Any cost incurred by reason of endangered, defective, ill fitted or ill timed work shall be borne by the contractor responsible therefore as determined by the City Contract Representative.
     4. Each section of the specifications includes all cutting and patching for that trade section as required for the proper accommodation of all work by other trades, unless specifically stat6ed to the contrary. In the event that the specifications are inadequate in this respect, the City Contract Representative shall issue needed written clarifications.
  8. Cleaning Up
     1. The Contractor shall at all times keep the construction site and surrounding area free from accumulations of waste material or rubbish caused by operations under the Contract. Upon completion of the Work, the Contractor shall remove all rubbish, tools, equipment, scaffolding and surplus materials from the site and surrounding areas and leave the area “broom clean” or its equivalent, unless otherwise instructed by the City Contract Representative.
     2. If the Contractor fails to clean up as provided in the Contract, the City may do so and the cost thereof shall be charged against the Contractor.
  9. Emergencies
     1. In an emergency affecting the safety of life or property, the Contractor, without special instruction or authorization from the City Contract Representative, is hereby permitted, authorized and directed to act at its own discretion to prevent threatened loss or injury.
     2. Except in the case of an emergency requiring immediate remedial work, any work performed after regular working hours, on Saturdays, Sundays or legal holidays, shall be performed without additional expense to the City unless such work has been specifically requested and approved by the City Contract Representative.
     3. The Contractor shall file with the City Contract Representative the names, addresses and telephone numbers of their representatives who can be contacted at any time in case of emergency. These Contractor representatives must be fully authorized and equipped to correct unsafe or excessively inconvenient conditions on short notice by the City or the Public Inspectors.
  10. Permits, Fees and Notices
      1. The Contractor shall, at their expense, obtain all necessary permits and licenses for work performed under the Contract, and shall give all necessary notices required by laws, ordinances, rules, regulations and lawful orders of public authorities pertaining to performance of the Work, public health and safety.
      2. If the Contractor knowingly performs work which is not in compliance with such laws, ordinances, rules, regulations or orders, without such notice to the City Contract Representative, the Contractor shall assume full responsibility for such Work and shall bear all costs attributable thereto.
  11. Royalties and Patents
      1. The Contractor shall pay all royalties and license fees. If the Contractor has information that the process or article specified by the City is an infringement of a patent, they shall be responsible for such loss unless they promptly give such information to the City Contract Representative.
      2. If appropriate, the Contractor shall furnish the City Contract Representative satisfactory evidence of patent licenses or patent releases covering City-specified proprietary materials, equipment, devices or processes, as the case may be.
• CONFLICTS OF INTEREST —

  An Offeror responding to this IFB acknowledges that, to the best of its knowledge, information and belief, no person has been employed or retained to solicit or secure a Contract that may be awarded pursuant to this IFB upon a promise of a commission, percentage, brokerage, or contingent fee, and that no member of the City of Tucson Mayor and Council or any employee of the City has any financial interest in Offeror’s firm. In addition, all communications regarding this solicitation shall be directed to the Department of Procurement. Interested Offerors shall refrain from engaging in any communication (written or verbal) regarding this solicitation or the matters involving this solicitation or TCC operations with any other City staff, Mayor & Council or staff of Mayor & Council.

  The City reserves the right to disqualify an Offeror from further participation in the IFB process in the event the City determines that Offeror has an actual or apparent conflict of interest with the purposes of this IFB, or has violated this Conflict of Interest.

  Upon a finding by the City that gratuities in the form of entertainment, gifts or inducements were offered or given by Offeror, or any agent or representative of Offeror, to any officer or employee of the City, including the Mayor and Council and their staff, for the purpose of securing a Contract that may be awarded pursuant to this IFB, or securing favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of a Contract that may be awarded under this IFB, the City, may, by one (1) calendar day provide written notice to Offeror, terminate the right of Offeror to proceed under this IFB; provided that the existence of the facts upon which the City made such finding shall be an issue and may be litigated in an Arizona court of competent jurisdiction.

• Builders Risk —

  Builder’s “All Risk” Property Insurance: $

  1. Coverage to include personal property of others in the care, custody and control of the contractor. Coverage should be written for 100% of the completed value.
  2. For additions or repairs of existing building structures, coverage to include contractor’s interest in improvements, repairs, additions, alterations to completed buildings and subject to items described in “a”.
• CURRENT PRODUCTS —

  All products being offered in response to this solicitation shall be in current and ongoing production, shall be formally announced for general marketing purposes, shall be a model or type currently functioning in a user environment and capable of meeting or exceeding all specifications and requirements set forth in this solicitation.

• THE CONTRACTOR'S DUTIES AND RESPONSIBILITIES (continued) —

  L. Protection of Persons and Property

  1. The Contractor shall be responsible for initiating, maintaining, supervising and directing all safety precautions and programs in connection with the performance of the Contract.
  2. The Contractor shall be responsible for the protection of all Work until completion and final payment is made, including any material or equipment to be incorporated whether in storage on or off the Work site.
  3. The Contractor shall, at their own expense, replace damaged or lost material, or repair damaged parts of the Work or of other property at the work site or adjacent thereto, and the Contractor and their sureties shall be liable therefore.
  4. The Contractor shall assume all risks from floods and casualties and shall make no claim for damages for delay from such causes. However, a reasonable extension of time on account of such delays may be allowed, subject to the conditions contained in Article 6 of these General Conditions.
  5. In the event the Contractor encounters on the work site material reasonably believed to be a hazardous material, such as asbestos or polychlorinated biphenyl (PCB), the Contractor shall immediately stop work in the area affected and report the condition to the City Contract Representative.
  6. The Contractor shall take all necessary precautions for the safety of employees on the work site and other persons who may be affected thereby, and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the Work is being performed. The Contractor shall erect and properly maintain at all times, as required by the condition and progress of the Work, all necessary safeguards for the protection of workmen and the public and shall post danger signs warning against the hazards created by such features of construction as protruding nails, hod hoists, well holes, elevator hatchways, scaffolding, window openings, stairways and falling materials.
  7. The Contractor warrants it is fully familiar and shall comply with all of the safety requirements of the Occupational Safety and Health Act (29 U.S.C. Sections 641-678, or as amended or recodified from time to time). Also the Hazard Communication Act relating to the use of hazardous materials (29 C.F.R. 1910-1200, or as amended or recodified from time to time), as promulgated by the Federal Government and as implemented by the State of Arizona, and that it will be solely responsible for all fines and penalties provided for by law for any violation of such Act and, furthermore, shall require all subcontractors to comply with such Acts and with the provisions of this section. Any claims arising out of alleged violations of such Acts are covered by the indemnification.
• APPROVAL OF EQUAL ITEMS OF EQUIPMENT AND/OR MATERIALS —

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

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

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

• PREPARATION OF SUBMITTAL —
  1. Form and Organization. If Offer forms are included in this Solicitation, Offeror’s Submittal must be on those forms. Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal forms in order to complete them electronically but may not alter or rearrange them or change any paragraph designations. The completed forms shall be without interlineations, alterations or erasures, except where initialed by the person or persons signing the bid. Proposals shall not contain any recapitulations of the Work to be done. Alternate proposals, other than those called for in the Proposal form, will not be considered. No oral, telegraphic, telephonic or modified Proposals will be considered.
  2. Confidential Information. Any information in its submittal that Offeror wishes to be treated as confidential must be clearly marked “CONFIDENTIAL.”
  3. Offer Contents. Offeror’s submittal must contain responses to all sections of this solicitation, any Offer forms provided must be completed and any requested supporting documentation must be attached.
  4. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance page. Any cover letter accompanying the proposal documents must be signed. Offeror must initial each erasure, interlineation or other modification in the submittal. The person signing and initialing on behalf of Offeror must be a person authorized to legally bind Offeror.
  5. Prices. Where a unit price is provided it will govern over any erroneous extension of the price. Numbers shall be stated both in writing and in figures (when applicable). The prices are to include the furnishing of all materials, plant, equipment, tools, and all other facilities, and the performance of all labor and services necessary or proper for the completion of the Work; except such as may be otherwise expressly provided in the Bidding Documents. In case of a discrepancy between written Words and figures in a Proposal, the amount stated in written words shall govern. If this is a unit price bid, then in the event of a discrepancy between unit bid prices and extensions, the unit bid price shall govern. All of the figures shall be in ink or typed.
  6. The Base Bid shall include all Work as set forth on the drawings and in the specifications. If alternatives are called for in the Proposal form, the blank spaces opposite correspondingly numbered alternatives shall be completed by inserting the exact amount to be deducted or added to the base Bid for that particular alternative only.
  7. Unbalancing of a Bid may be cause for rejection.
  8. Time Periods. Periods of time, stated as a number of days, will be calendar days unless specifically stated otherwise.
  9. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or withdraw its submittal after the Submittal Deadline.
  10. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting, submitting or providing any response to this solicitation.
  11. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the performance of the Contract if they are awarded the Contract and must describe their qualifications in detail.
  12. Incomplete Information. Failure to include all requested information may have a negative impact on the evaluation of Offeror’s submittal.
  13. A partnership bidder shall clearly show the name and mailing office address of each member of the partnership and the signature of one or more members of the partnership. A joint venture bidder shall clearly show the name and mailing address of each member or officers of each firm represented by the joint venture.
  14. Bidders submitting falsified or fraudulent Bidding documents, and Contractors submitting falsified or fraudulent documents, including falsified Bidding Documents, payrolls, lien waivers, payment estimates and other documents may be subject to prosecution.
• DEFECTIVE PRODUCT —

  All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the City within seven (7) days of initial notification.

• INDEMNIFICATION —
  1. Indemnification

     1. To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, will indemnify and hold harmless the City and its officials, employees, volunteers, and agents, from and against all allegations, demands, proceedings, suits, actions, claims (including but not limited to claims of patent, trademark, or copyright infringement), liability, damages, losses, expenses (including but not limited to attorney fees and court costs, including the cost of appellate proceedings, and all claim-adjusting-and-handling expenses) or disbursements of any kind or nature, that may be asserted against, imposed on, or incurred by any of them, to the extent caused by the negligent, reckless, or intentional wrongful acts or omissions of Contractor or any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable relating to work, services and/or products provided under this Contract.

        If a court of law determines that this section is void because the language used does not comply with A.R.S. § 34-226, then the words or phrases that cause the provision to violate the statute will be deemed to have been retroactively modified in a way that complies with the statute but retains Contractor’s indemnity obligations to the fullest extent not inconsistent with the statute.

• Claims Made Insurance Coverage —

  If any or part of the required insurance is written on a claims-made basis, any policy retroactive date must precede the date of the contract and the Contractor must maintain such coverage for a period not less than three (3) years following contract expiration, termination or cancellation.

• EQUIPMENT AND RECALL NOTICES —

  In the event of any recall notice, technical service bulletin, or other important notification affecting equipment purchased from this contract, a notice shall be sent to the Contract Representative(s). It shall be the responsibility of the contractors to ensure that all recall notices are sent directly to the Contract Representative(s).

• PREVENTION OF HEAT-RELATED ILLNESSES AND INJURIES —

  If Contractor’s employees or contract workers will perform work under this Contract in an outdoor environment, Contractor must have and implement a written plan listing the preventative and proactive measures that Contractor will take to protect those employees and contract workers from heat hazards (the “Heat Safety Plan”) while performing that work. The City may request a copy of this Heat Safety Plan and documentation of all heat safety and mitigation efforts currently implemented by Contractor to prevent heat-related illnesses and injuries for work done under this Contract. The Heat Safety Plan must also be posted where it is accessible to employees. At a minimum, the Heat Safety Plan must include each of the following elements as it relates to heat safety:

  1. Availability of sanitized cool drinking water free of charge at locations that are accessible to all employees and contract workers.
  2. Ability to take regular and necessary breaks as needed and additional breaks for hydration.
  3. Access to shaded areas and/or air conditioning.
  4. Access to air conditioning in vehicles with enclosed cabs.
  5. Effective acclimatization practices to promote the physiological adaptation of employees or contract workers newly assigned or reassigned to work in an outside environment.
  6. Training of employees and contract workers, no later than one week prior to being deployed to work in an outdoor environment, on heat illness and injury that focuses on environmental and personal risk factors, prevention, how to recognize and report signs and symptoms of heat illness and injury, how to administer appropriate first aid measures, and how to report heat illness and injury to emergency medical personnel.
  7. The posting of signage at the job site that contains information, in both English and Spanish, explaining how to (a) recognize and report signs and symptoms of heat illness and injury; (b) administer appropriate first aid measures, and (c) report heat-related illness and injury to emergency medical personnel. The signage must also include a phone number for reporting heat violations to OSHA/ADOSH.
  8. Providing written notification to all employees and contract workers regarding their new worker protections under this provision. This notification shall be provided to existing employees and during the onboarding process for new employees. The notification shall be provided to each worker in the language preferred by that worker and must be posted in the workplace.

  Contractor will incorporate this section in all subcontracts with subcontractors or other entities or individuals who may perform work under this Contract, including the requirement that those subcontractors impose the same obligations under any sub-subcontractors. It is the obligation of Contractor to ensure compliance with this provision by its subcontractors. City may terminate this Contract for failure to comply with this provision.

• Network Security (Cyber) and Privacy Liability —

  Policy must have coverage limits no lower than:

  1. Each Claim: $2,000,000
  2. Annual Aggregate: $4,000,000

  Such insurance shall include, but not be limited to, coverage for third party claims and losses with respect to network risks (such as data breaches, unauthorized access or use, ID theft, theft of data) and invasion of privacy regardless of the type of media involved in the loss of private information, crisis management and identity theft response costs. This should also include loss of use, breach notification costs, credit remediation and credit monitoring, defense and claims expenses, regulatory defense costs plus fines and penalties, cyber extortion, computer program and electronic data restoration expenses coverage (data asset protection), network business interruption, computer fraud coverage, and funds transfer loss.

  In the event that the Network Security and Privacy Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.

• BID SECURITY —

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

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

• SUBCONTRACTS AND SEPARATE CONTRACTS —
  1. Subcontracts
     1. The Contractor shall ensure that the subcontractors assigned to this Contract are available throughout the term of the Contract. The Contractor shall not substitute subcontractors without the prior approval of the Director of Procurement.
     2. The Contractor agrees that each subcontractor shall be bound to the Contractor by the terms of the Contract. In the event of a conflict between the substance of a written subcontract and the language of this Contract, the language of this Contract shall prevail.
     3. Contractor shall ensure that each subcontract shall preserve and protect the rights of the City under the Contract with respect to the work to be performed by the subcontractor. Where appropriate, the Contractor shall require each subcontractor to enter into similar agreements with sub-subcontractors. In this connection, the Contractor shall make available to each subcontractor, prior to execution of any subcontract, copies of the Contract provisions to which the subcontractor will be bound. Subcontractors shall also make copies of applicable portions of the Contract available to their respective subcontractors.
     4. Each subcontract will require the subcontractor to submit to the Contractor applications for payment in such reasonable time as to enable the Contractor to apply for payment to the City in a timely manner, including any claims for extras, extensions of time, and damages for delays or otherwise to the Contractor in the manner provided in the Contract for like claims by the Contractor upon the City.
     5. To be bound to the subcontractor by all the obligations that the City assumes to the Contractor under this Contract, and by all provisions thereof affording remedies and redress to the Contractor from the City.
     6. To promptly pay the subcontractor in accordance with applicable State statute.
     7. That, at all times, the subcontractors’ total payments shall be proportionate to the value of the labor and materials provided by them. Payment may be preconditioned upon the subcontractors providing the Contractor with requested significant partial or final lien waivers.
     8. To pay the subcontractor to such extent as may be provided by the Contract or the subcontract, if either of these provides for earlier or larger payments than the above.
     9. To ensure timely payment to subcontractors for their work as performed and for materials fixed in place, less any applicable retention, despite any delay by the City in making payments to the Contractor for any cause not the fault of the subcontractor.
     10. To share or forward, as appropriate, with its subcontractors or, as appropriate, with the City, any fire insurance money received by the Contractor under the insurance provisions of the Contract.
     11. That no claim for services rendered or materials furnished by the Contractor to the subcontractor shall be valid unless written notice thereof is given by the Contractor to the subcontractor during the first ten (10) days of the calendar month following that in which the claim originated.
     12. To give the subcontractor an opportunity to be present and to submit evidence in any Contractual claim, controversy or dispute.
     13. Nothing in this Article shall create any obligation on the part of the City to pay to, or to see to the payment of, any sums to any subcontractor, except as may otherwise be required by law.
     14. Each subcontract agreement for a portion of the Work is hereby assignable by the Contractor to the City provided that:
         1. Assignment is effective at the sole option of the City and only upon termination of the Contract for cause pursuant to Article 9 of these General Conditions, and only for those subcontract agreements which the City determines to accept by notifying the subcontractor in writing, and
         2. Assignment is subject to the prior rights of the surety obligated under the Bonds relating to the Contract.
  2. Separate Contracts
     1. The City reserves the right to perform construction or operations related to the Work with the City's own forces and to let separate Contracts in connection with other portions of the Work or other construction or operations on the Work site.
     2. The Contractor shall afford other Contractors on the Work site reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate its work with theirs.
     3. The City Contract Representative shall coordinate the activities of the City's own forces and of each separate Contractor with the work of the Contractor. The Contractor and all other Contractors on the Work site shall be required to review their construction schedules and cooperate with the City Contract Representative in coordinating the various portions of the Work with the schedules of such separate contractors.
     4. If any part of the Contractor's work depends, for proper execution or results, upon the work of any other contractor, the Contractor shall inspect and promptly report to the City Contract Representative any defects in such work that render it unsuitable for continuance of the Contractor's Work. Failure to inspect and report may constitute an acceptance of the other contractor's work as fit and proper for the reception of the Contractor's Work, except as to defects not then reasonably discoverable.
     5. Costs caused by the Contractor because of delays or by improperly timed activities or defective construction shall be borne solely by the Contractor.
     6. If the Contractor causes damage to any separate contractor on the site, the Contractor, upon due notice, agrees to settle with such separate contractor by agreement or arbitration, if he will so settle. If such separate contractor sues the City on account of any damage alleged to have been so sustained, the City shall notify the Contractor, who shall defend such proceedings and, if any judgment against the City arises therefrom, the Contractor shall pay or satisfy it.
     7. Should separate contractors on the Work cause any damage, cost or loss to the Contractor, the City shall not be held responsible or liable therefore in any way other than extensions of completion time in accordance with Article 6 of these General Conditions.
• ESTIMATED QUANTITIES —

  The quantities shown are estimates only and the City reserves the right to increase or decrease amounts as circumstances may require.

   

• Additional Insurance Requirements —

  All Policies, excluding Employment Practices Liability and Professional Liability (Errors & Omissions), shall include or be endorsed to include the following provisions:

  1. A waiver of subrogation endorsement in favor of the City of Tucson, for losses arising from work performed by or on behalf of the Contractor (Including Worker’s Compensation).
  2. The insurance afforded the contractor shall be primary insurance and that any insurance carried by the City of Tucson and its agents, officials or employees shall be excess and not contributory.
  3. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract.
• SUBCONTRACTORS —

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

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

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

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

• Notice of Coverage Modifications —

  Any changes material to compliance with this contract in the insurance policies above shall require (10) days written notice from the contractor to the City of Tucson. Such notice shall be sent directly to the Procurement Division.

• TAXES —

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

• FEDERAL IMMIGRATION LAWS AND REGULATIONS —

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

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

   

• TIME FACTORS; LIQUIDATED DAMAGES —
  1. Time
     1. Unless otherwise provided in the Contract, the Completion time is the number of calendar days, including authorized time extensions specified for completion of the Work.
     2. Completion time shall commence on the day specified in the Notice to Proceed. The date shall not be postponed on account of the failure of the Contractor, or of any of its subcontractors to take any action required to commence the Work.
     3. The date of Substantial Completion is the date certified by the City Contract Representative. It is expressly agreed that the time for completion is a reasonable time, considering average climatic conditions and usual industrial conditions prevailing in the Tucson area.
     4. The term “day” as used in the Contract shall mean calendar day.
     5. By execution of the Contract documents, the Contractor acknowledges that the time described is a reasonable period for a competent Contractor to complete the Work.
     6. The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the agreed upon time frame. If the Contractor is delayed on any portion of the Work for any reason whatsoever, it shall expeditiously proceed on other portions of the Work which are not affected by such delay.
     7. It is understood and agreed if the Offeror is awarded the contract that the work shall be commenced as provided in the Notice To Proceed and shall be completed by the Contractor in 360CCD (consecutive calendar days) thereafter.
  2. Liquidated Damages
     1. The amount of liquidated damages will be$2710.00
     2. The Contractor has been put on notice that the City shall enforce the liquidated damages set forth in the Contract.
     3. The Contractor agrees that the City will incur damages if the Contractor fails to complete the Work within the Completion time or any approved extensions thereof and that the liquidated damages specified in the Contract represents a fair and equitable approximation of the City's damages.
     4. Each calendar day that the Contractor shall fail to achieve Substantial Completion after the calendar date agreed to for the completion of the Work provided for in the Contract, the sum set forth in the Contract documents will be deducted from any monies due the Contractor, not as penalty, but as liquidated damages; provided however, that due account will be taken of any adjustments of the Completion time for the completion of the work allowed under the Contract.
     5. Permission allowing the Contractor to continue and finish any part of the Work after the time fixed for its completion or after the date to which the time for completion may have been extended shall in no way operate as a waiver on the part of the City of any of its rights under the Contract.
     6. Once substantial completion is granted, the Contractor shall achieve final completion within thirty (30) calendar days, unless otherwise agreed upon. If final completion does not occur within the agreed upon number of days, liquidated damages will commence on the first day after the agreed days at half the specified rate, until final completion occurs.
  3. Delays and Time Extensions
     1. It is agreed that the City's only liability for any delay from any cause shall be limited to granting a time extension to the Contractor and that no extended general conditions for any delay will be applicable unless agreed to by the City. There is no other obligation, express or implied, on the part of the City to the Contractor for delay from any cause.
  4. Force Majeure
     1. Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of Force Majeure. The term "Force Majeure" means a major occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force Majeure shall not include late performance by a sub-consultant unless the delay arises out of a Force Majeure occurrence in accordance with this Force Majeure term and condition.
     2. If either party is delayed at any time in the progress of the work by Force Majeure, the delayed party shall immediately notify the other party in writing of such delay of the commencement thereof, and shall specify the causes of such delay in such notice. Such notice shall be hand-delivered or mailed certified-return receipt and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract.
     3. The completion time shall be extended when delay in completion of the Work by either the Contractor or the subcontractors is due to any preference, priority or allocation order duly issued by the Federal Government.
     4. Time extensions shall only be granted for delays caused by the City, changes authorized in accordance with Correction of Work of this agreement, or delays pursuant to force majeure.
     5. Should a dispute arise between the Contractor and the City regarding a delay or time extension, the Contractor shall continue progress on the Work until the dispute is resolved.
• PUBLIC RECORD —

  Any documents submitted by Offeror in response to this solicitation will become the property of the City. Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

• PAYMENTS TO THE CONTRACTOR —
  1. Contract Price; Request for Payment; Schedule of Values
     1. The Contract amount stated in the Contract plus or minus any authorized adjustments is the amount payable by the City to the Contractor for performance of the Work under the Contract.
     2. During the course of construction, the Contractor shall request payment for work actually performed during the preceding month or some other time period as mutually agreed to, using “ESTIMATE FOR PAYMENT” forms, which are furnished by the City or a City approved form submitted by the Contractor. Completed forms shall be submitted to the City Contract Representative. A schedule of values, all LEED submittal information for work completed in said time period for Contractor required credits and an updated project schedule shall accompany the request for payment.
  2. Certification and Payment; Retainage; Substitute Securities
     1. The City by mutual agreement may make progress payments on Contracts of less than ninety days and shall make monthly progress payments on all other Contracts as provided for in this paragraph. Payment to the Contractor on the basis of a duly certified and approved estimate for payment of the work performed during the preceding calendar month under the Contract may include payment for material and equipment, but to ensure the proper performance of the Contract, the City shall retain ten per cent of the amount of each estimate until final completion and acceptance of all material, equipment and work covered by the Contract. An estimate of the work submitted shall be deemed approved and certified for payment after seven days from the date of submission unless before that time the City or the City’s designee prepares and issues a specific written finding setting forth those items in detail in the estimate of the work that are not approved for payment under the Contract. The City may withhold an amount from the progress payment sufficient to pay the expenses the City reasonably expects to incur in correcting the deficiency set forth in the written finding. The progress payments shall be paid on or before fourteen days after the estimate of the work is certified and approved. The estimate of the work shall be deemed received by the City on submission to any person designated by the City for the submission, review or approval of the estimate of the work.
     2. When the Contract is fifty per cent complete, one-half of the amount retained including any securities shall be paid to the Contractor on the Contractor's request provided the Contractor is making satisfactory progress on the Contract and there is no specific cause or claim requiring a greater amount to be retained. After the Contract is fifty per cent complete, no more than five per cent of the amount of any subsequent progress payments made under the Contract may be retained providing the Contractor is making satisfactory progress on the project, except that if at any time the City determines satisfactory progress is not being made ten per cent retention shall be reinstated for all progress payments made under the Contract after the determination.
     3. On completion and acceptance of each separate building, public work or other division of the Contract on which the price is stated separately in the Contract, payment may be made in full, including retained percentages, less authorized deductions. In preparing estimates, the material and equipment delivered on the site to be incorporated in the job shall be taken into consideration in determining the estimated value by the architect, engineer or other person, as specified in the Contract.
     4. Ten percent of all estimates shall be retained by the City as a guarantee for complete performance of the Contract, to be paid to the Contractor within sixty days after completion or filing notice of completion of the Contract. Retention of payments by the City longer than sixty days after final completion and acceptance requires a specific written finding by the City of the reasons justifying the delay in payment. The City may not retain any monies after sixty days that are in excess of the amount necessary to pay the expenses the City reasonably expects to incur in order to pay or discharge the expenses determined by the City in the finding justifying the retention of monies. In lieu of the retention provided in this section, the City, at the option of the Contractor, shall accept as a substitute an assignment of time certificates of deposit of banks licensed by this state, securities of or guaranteed by the United States of America, securities of this state, securities of counties, municipalities and school districts within this state or shares of savings and loan institutions authorized to transact business in this state, in an amount equal to ten per cent of all estimates that are retained by the City as a guarantee for complete performance of the Contract. if the City accepts substitute security as described in this paragraph for the ten per cent retention, the Contractor is entitled to receive all interest or income earned by this security as it accrues and all such security in lieu of retention shall be returned to the Contractor by the City within sixty days after final completion and acceptance of all material, equipment and work covered by the Contract if the Contractor has furnished the City satisfactory receipts for all labor and material billed and waivers of liens from any and all persons holding claims against the work. In no event shall the City accept a time certificate of deposit of a bank or shares of a savings and loan institution in lieu of the retention specified unless accompanied by a signed and acknowledged waiver of the bank or savings and loan association of any right or power to setoff against either the City or the Contractor in relationship to the certificates or shares assigned.
     5. In any instance where the City has accepted substitute security, any subcontractor undertaking to perform any part of this public work is entitled to provide substitute security to the Contractor on terms and conditions similar to those described in paragraph 4, and this security is in lieu of any retention under the subcontract.
     6. The Contractor shall pay to the Contractor's subcontractors or material suppliers and each subcontractor shall pay to the subcontractor's subcontractor or material supplier, within seven days of receipt of each progress payment, unless otherwise agreed in writing by the parties, the respective amounts allowed the Contractor or subcontractor on account of the work performed by the subcontractors, to the extent of each subcontractor's interest, except that no Contract for construction services may materially alter the rights of any Contractor, subcontractor or material supplier to receive prompt and timely payment as provided under this section. The payments to subcontractors or material suppliers shall be based on payments received pursuant to this section. Any diversion by the Contractor or subcontractor of payments received for work performed on a Contract, or failure to reasonably account for the application or use of those payments, constitutes grounds for disciplinary action by the Registrar of Contractors. The subcontractor or material supplier shall notify the Registrar of Contractors and the City in writing of any payment less than the amount or percentage approved for the class or item of work as set forth in this section.
     7. A subcontractor may notify the City in writing requesting that the subcontractor be notified by the City in writing within five days from payment of each progress payment made to the Contractor. The subcontractor's request remains in effect for the duration of the subcontractor's work on the project.
     8. Nothing in this section prevents the Contractor or subcontractor, at the time of application and certification to the City or Contractor, from withholding the application and certification to the City or Contractor for payment to the subcontractor or material supplier for unsatisfactory job progress, defective construction work or materials not remedied, disputed work or materials, third party claims filed or reasonable evidence that a claim will be filed, failure of a subcontractor to make timely payments for labor, equipment and materials, damage to the Contractor or another subcontractor, reasonable evidence that the subcontract cannot be completed for the unpaid balance of the subcontract sum or a reasonable amount for retention that does not exceed the actual percentage retained by the City.
     9. If any payment to a Contractor is delayed after the date due interest shall be paid at the rate of one per cent per month or fraction of a month on the unpaid balance as may be due.
     10. If any periodic or final payment to a subcontractor is delayed by more than seven days after receipt of the periodic or final payment by the Contractor or subcontractor, the Contractor or subcontractor shall pay the subcontractor or material supplier interest, beginning on the eighth day, at the rate of one per cent per month or fraction of a month on the unpaid balance as may be due.
     11. The City Contract Representative, with reasonable dispatch, will review the contents of the ESTIMATE FOR PAYMENT submitted by the Contractor, determine the sufficiency of the estimate, satisfy himself that the City has received full value, certify the estimate and submit it through normal channels for payment.
     12. Neither the certification nor payment made to the Contractor, nor partial or entire use or occupancy of the Work by the City shall constitute an acceptance of any portion of the Work.
  3. Payment Withheld
     1. If the City Contract Representative is unable to certify a request for payment in whole or in part because, after observing the Work and the data comprising the ESTIMATE FOR PAYMENT, the City Contract Representative determines that the Work has not progressed or the quality of the Work is not in accordance with the Contract, the City Contract Representative shall promptly notify the Contractor. If the City Contract Representative and the Contractor cannot agree on a revised amount, the City Contract Representative will promptly issue a certificate for payment in an amount they determines is justified.
     2. The City Contract Representative or other City official, as a result of subsequently discovered evidence, may also withhold or nullify the whole or a part of any certification to such extent as may be necessary to protect the City from loss on account of:
        1. Defective work not remedied.
        2. Third-party claims filed or reasonable evidence indicating probable filing of such claims.
        3. Failure of the Contractor to make payments properly to subcontractors or for labor, materials, or equipment.
        4. Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount, or reasonable evidence that the Work will not be completed within the Completion time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay.
        5. Damage to another contractor or to the City.
        6. Damage to the real or personal property of another and failure to repair or replace the same.
        7. Persistent failure to carry out the Work in accordance with the Contract.
     3. When the grounds for withholding payment have been corrected to the satisfaction of the City Contract Representative or other City official concerned, the City shall proceed to process any amounts due.
  4. Substantial Completion
     1. When the Contractor considers that the Work, or a portion thereof which the City has agreed to accept separately, is ready for its intended use, it shall notify the City Contract Representative in writing that the Work, or the agreed upon portion thereof, is substantially complete and request the City Contract Representative to issue a Certificate of Substantial Completion. Within a reasonable time thereafter, the City Contract Representative will make an inspection of the Work, or the designated portion thereof, to determine the status of completion. If the inspection discloses any item that is not in accordance with the Contract, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item. The Contractor shall then submit a request for a re-inspection by the City Contract Representative. When the Work or designated portion thereof is determined to be substantially complete, the City Contract Representative will prepare a Certificate of Substantial Completion for signature of the parties, fixing therein the date of Substantial Completion and establishing the responsibilities of the City and Contractor, pending final payment by the City, for security, maintenance, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall finish all items on the punch list attached to the certificate.
     2. Warranties required by the Contract shall commence on the date of Final Completion for a period of two years, except where a specific provision of the Contract provides otherwise.
  5. Final Completion and Final Payment
     1. Upon receipt of notice from the Contractor that the Work is ready for final inspection and upon receipt of a request for final payment, the City Contract Representative will determine that all items on the punch list have been completed or corrected and the City will make payment reflecting adjustments in retainage, if any, for such work or portion thereof as provided for in the Contract. Final Completion includes the uploading of all USGBC LEED documentation required to be completed by the Contractor for review and approval by the City Contract Representative. Not completing the LEED submission can be considered grounds for Liquated Damages.
  6. Consent of Surety/ Lien Waivers and As-Built Drawings
     1. Neither the final payment nor any part of the retained percentage shall become due until the Contractor provides to the Contract Officer a Consent of Surety Certificate from their bonding company, or lien waivers, at the Contract Officer’s discretion and all completed as-built drawings.
  7. Partial Utilization
     1. The City may occupy or use any portion of the Work which the City and the Contractor agree constitutes a separately functioning and usable part of the Work that can be used by the City without significant interference with the Contractor's performance of the remainder of the Work. Such use or occupancy may commence whether or not the portion is substantially complete, provided the City and the Contractor have accepted in writing their mutual responsibilities regarding the used portion, including but not limited to insurance coverage, maintenance and utilities.
     2. Partial use or occupancy of the Work by the City shall not constitute acceptance of Work not complying with the requirements of the Contract.
• FEDERAL TRANSIT ADMINISRATION (FTA) REQUIREMENTS —

  Any contract awarded pursuant to this solicitation will contain the FTA Terms and Conditions listed in the corresponding attachment titled, "FTA Terms, Conditions and Certifications".

• Acceptability of Insurers —

  Contractors insurance shall have an “A.M. Best” rating of not less than A-VII. The City of Tucson in no way warrants that the required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

• FOB DESTINATION FREIGHT PREPAID —

  Prices shall be FOB Destination Freight Prepaid to the delivery location designated. Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the Contractor. The City will assist the Contractor in arranging for inspection.

• Verification of Coverage —

  Contractor shall furnish the City of Tucson with certificates of insurance (ACORD form or equivalent approved by the City of Tucson) as required by this Contract. The certificates for each insurance policy are to be signed by an authorized representative.

  All certificates and endorsements are to be received and approved by the City of Tucson before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work and remain in effect for the duration of the contract and two (2) years after completion. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal upon the City’s request, is a material breach of contract.

  All certificates required by this Contract shall be sent directly to the Procurement Division.

  The City of Tucson project/contract number and project description shall be noted on the certificate of insurance. The City of Tucson reserves the right to require complete copies of all insurance policies required by this Contract at any time.

• UNCOVERING AND CORRECTION OF WORK; CHANGES IN THE WORK —
  1. Uncovering of Work
     1. Piping, wiring, ducts, etc., shall not be covered up before proper inspection, approval and certificates, if required, are issued. Should any work that is designated for inspection by the City Contract Representative or the Contract before covering is covered before such inspection, it must be uncovered by the Contractor at their expense when examination is ordered by the City Contract Representative.
     2. If a portion of the Work not designated by the City Contract Representative or the Contract for inspection has been covered and the City Contract Representative or a Public Inspector orders such work uncovered for inspection, the Contractor shall immediately uncover such work. If such uncovered work is found to be in accordance with the Contract, an appropriate Change Order shall be issued to compensate the Contractor for the expense of uncovering and replacing the work. If such work is found to be not in compliance with the Contract, the Contractor shall pay such costs, unless the condition was caused by the City or a separate Contractor.
     3. The City shall not be responsible for or bear the cost of any re-examination and replacement occasioned by defects in the work caused by subcontractors.
  2. Correction of Work
     1. Correction of Work Before Final Payment: The Contractor shall promptly remove from the site of the Work all materials and/or associated portions of the Work rejected by the City Contract Representative as failing to conform to the Contract, whether incorporated or not, and the Contractor shall promptly replace and re-execute the Work in accordance with the Contract, without expense to the City, and shall bear the expense of making good the work of other contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such rejected Work and/or materials within a reasonable time, fixed by written notice, the City may remove it and may store the materials at the expense of the Contractor. If the Contractor does not pay the expenses of such removal within ten (10) days time thereafter, the City may, upon ten (10) days written notice, sell such materials at auction or private sale and credit the Contractor for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor. Any omission on the part of the City to condemn defective work or material at the time of construction shall not be deemed an acceptance, and the Contractor shall be required to correct defective work or material for which claim is made by the City at any time before the final completion date and within two (2) years thereafter.
     2. Correction of Work After Final Payment: If, within two (2) years after the date of Substantial Completion of the Work or designated portion thereof, or within two (2) years after acceptance by the City of designated equipment, or within such longer period as may be prescribed by law or by the terms of any applicable special warranty required by the Contract, any of the Work is found to be defective or not in accordance with the Contract, the Contractor shall correct it promptly after receipt of a written notice from the City to do so, unless the City has previously given the Contractor a written acceptance of such condition. The City shall give notice promptly after discovery of the condition. The two (2) year period for discovery shall be extended as to any portion of the Work first performed after Substantial Completion and the actual performance of the Work. The obligation contained in this subsection shall survive acceptance of the Work under the Contract and/or termination of the Contract. Nothing contained in this section shall be construed to establish a period of limitations with respect to other obligations which the Contractor might have under the Contract. Establishment of the two (2) year discovery time period relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.
     3. Should the Contractor fail to repair such defective material and/or workmanship or to make replacements within five (5) calendar days after written notice by the City, it is agreed that the City may, at its sole discretion, make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by the Contractor or his surety.
  3. Changes in the Work
     1. The City Contract Representative may order extra work or make changes by altering, adding to or deducting from the Work, the Contract price being adjusted accordingly by Change Order without invalidating the Contract. All such work shall be executed under the conditions of the original Contract except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change.
     2. If, instead of requiring corrections or removal of work not conforming to the requirements of the contract, the work is determined to be acceptable with diminished value in the sole judgement of the City Contract Representative, a change order shall be issued incorporating the necessary revisions in the contract, including an appropriate reduction in the contract price. Such a change order does not require the signature or approval of the Contractor. Such acceptance of non-conforming work shall not constitute a waiver of any other work required under this contract.
     3. The value of any extra work or change ordered under the Contract shall be determined in one or more of the following ways:
        1. By estimate and acceptance in a lump sum.
        2. By unit prices in the Contract or subsequently agreed upon prices.
        3. By a fixed fee.
• CONFIDENTIAL INFORMATION —

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

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

• CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST —

  By submitting a response, Offeror warrants that:

  1. Preparation and submission of the submittal did not involve collusion or other anti-competitive practices.
  2. Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with this solicitation.
  3. No person has been employed or retained to solicit or secure a Contract under this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee.
  4. No member of the City of Tucson Mayor and Council or any employee of the City involved in this solicitation process has any financial interest in Offeror’s firm.

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

• SUSPENSION OR TERMINATION OF THE WORK —
  1. Suspension of the Work for Cause; City's Right to Perform the Work
     1. If the Contractor fails to correct Work which is not in accordance with the Contract, or persistently fails to carry out the Work in accordance with the Contract, the Contract Officer, after consultation with the City Contract Representative , may order the Contractor in writing to stop the Work, or any portion of the Work, until the cause for such order has been eliminated.
     2. If the Contractor fails to prosecute the Work properly or fails to perform any provision of this Contract, the City may, five (5) days after written notice to the Contractor, and without prejudice to any other remedy the City may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. A change order may be issued to make the necessary changes in the contract and to make an appropriate reduction in the contract price. Such a change order shall not require the signature or approval of the Contractor. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor and its surety shall be liable to the City for such deficiency.
  2. Termination by the City for Cause
     1. The City, upon certification by the City Contract Representative, without prejudice to any other right or remedy of the City and after giving the Contractor seven (7) days written notice, may terminate this Contract as to all or any part of the Work for any of the following reasons:
        1. If the Contractor abandons the Work, or unnecessarily delays the Work.
        2. If the Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials or competent subcontractor.
        3. If the Contractor fails to make payment to subcontractor for materials or labor in accordance with the respective agreements between the Contractor and the subcontractor or as expressly set forth herein.
        4. If the Contractor persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction, or persistently violates the conditions or covenants of this Contract.
        5. If the Contractor should be adjudged bankrupt.
        6. If the Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency.
        7. If the Contractor is otherwise in substantial breach of a provision of the Contract as determined by the City.
     2. Upon termination of the Contract for any of the above reasons, the City, subject to any prior rights of the surety, may:
        1. Take possession of the Work and of all materials, equipment, tools, and construction equipment and machinery at the Work site or adjacent thereto belonging to the Contractor.
        2. Accept assignment of subcontracts pursuant to subcontracts of these General Conditions.
        3. Finish the Work by whatever reasonable method the City may deem expedient. In completing the Work by a new contractor or by doing the Work itself, the City may use such equipment, materials, supplies, machinery, implements, tools and plant of the Contractor in the City's possession and may make all necessary repairs and replacements thereto.
     3. If the City terminates the Contract for one of the reasons stated in Termination by the city for cause, the Contractor shall not be entitled to receive any further payment.
     4. The cost of fully completing the Work provided for under any new contract shall include the sum or sums of money to be paid by the City to other Contractors, all costs of repairs and replacements of machinery, implements, tools and plant of the Contractor hereunder, and also all sums of money paid for additional management and administrative services, including but not limited to the cost of the City Contract Representative's additional services and added expenses made necessary by the termination of the Contract.
     5. If the unpaid balance of the Contract price exceeds costs of finishing the Work, such excess may, at the City’s discretion, be paid to the Contractor. If such costs exceed the unpaid balance, the City may sell all materials, supplies, machinery, implements, tools and plant of the Contractor's then on hand, at public sale, on giving the Contractor twenty (20) days notice of the time and place of such sale, and the net proceeds derived from the sale of said property shall be applied against such costs. Should the amount received from the sale be insufficient to pay such deficiency, the Contractor and its surety shall be liable to pay the amount of the deficiency.
  3. Suspension by the City for Convenience
     1. The City may, without cause, order the Contractor in writing to suspend or interrupt the Work in whole or in part for such period of time as the City may determine whenever such suspension or interruption would be in the best interest of the City.
     2. If the City suspends the Work for convenience, an adjustment shall be made for substantiated increases in the cost of performance of the Contract, if any, including profit on the increased cost of performance, caused by suspension or interruption. No adjustment shall be made to the extent:
        1. That performance is, was or would have been so suspended or interrupted by another cause for which the Contractor is responsible, or
        2. That an equitable adjustment is made or denied by the City.
  4. Termination by the City for Convenience
     1. The performance of the Work under this Contract may be terminated by the City, in whole or in part, in accordance with this clause whenever the City reasonably determines that such termination is in the best interest of the City. Any such termination shall be effected by delivery to the Contractor of a written Notice of Termination specifying the extent to which performance of the Work is terminated, and the date upon which such termination becomes effective.
     2. If the Contract is terminated by the City as provided herein, the Contractor shall receive compensation for any Work performed and accepted, together with profit in proportion to the Work performed and accepted. The compensation shall include payment for contractual obligations reasonably incurred prior to termination. No amount shall be allowed for anticipated profit on unperformed Work.
     3. In the event the City terminates the Work, in whole or in part, for cause pursuant to Termination by the City for Cause and the termination is later deemed to be unjustified, then such termination shall be automatically deemed a termination for convenience and the provisions of this section shall apply.
     4. Termination of the Contract or portion thereof by the City for convenience shall not relieve the Contractor of their contractual responsibilities for the Work completed, nor shall it relieve the surety of its obligation for and concerning any just claim arising out of the Work completed.
  5. Contractor's Right to Terminate Contract
     1. The Contractor may terminate the Contract for any of the following reasons:
        1. If the Work should be stopped under an order of any court of competent jurisdiction or other public authority for a period in excess of one (1) month through no act or fault of the Contractor or of anyone directly or indirectly employed by him.
        2. If the City has failed to pay the Contractor within sixty (60) days after the date when any sum is certified for payment by the City Contract Representative, or
        3. If repeated suspensions or interruptions ordered by the City pursuant to Suspension by the City for Convenience total in the aggregate more than one hundred percent (100%) of the total number of days scheduled for completion, or one hundred twenty (120) days in any three hundred sixty-five (365) day period, whichever is less.
     2. If one of the above reasons exists, the Contractor may, upon seven (7) additional days, written notice to the City Contract Representative, stop Work and terminate the Contract and recover payment from the City for all Work executed and accepted by the City and any loss sustained upon any plant or materials and reasonable profit and damages.
• Subcontractors —

  Contractors’ certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the City of Tucson separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.

• HAZARDOUS MATERIAL ALTERNATIVES —

  The City will consider alternatives for products containing hazardous materials as defined in OSHA Hazard Communications Regulations. Bidders/Offerors are encouraged to submit alternate products that meet the intent of the specifications and do not contain hazardous ingredients.

• HOUSING AND URBAN DEVELOPMENT (HUD) REQUIREMENTS —

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

• Exceptions —

  In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance.

• CLAIMS AND DISPUTES —
  1. City Contract Representative's Resolution of Claims and Disputes; Review by Contract Officer
     1. This Article relates to claims for additional compensation and any other differences between the parties arising under and by virtue of the Contract. Such claims are to be resolved at the earliest possible time and at the first responsible level so as to increase the possibility that such matters will be resolved without the vexation of an administrative hearing process, arbitration or litigation.
     2. All claims, including but not limited to, claims relating to adjustments or interpretations of the Contract, payments of money, or other relief with respect to the terms of the Contract, shall be referred initially in writing to the City Contract Representative for action. The responsibility to substantiate claims shall rest with the party making the claim.
     3. Claims by either party must be made within twenty-one (21) days after the event giving rise to the claim or within twenty-one (21) days after the claimant first becomes aware of the condition giving rise to the claim, whichever is later.
     4. Pending final resolution of a claim, the Contractor shall proceed diligently with performance of the Contract and the City shall continue to make payments in accordance with the Contract.
     5. The City Contract Representative shall, within twenty-one (21) days of receipt of a claim, issue one of the following:
        1. Issue a decision either rejecting or approving the claim.
        2. Suggest an equitable compromise of the claim.
        3. Provide a schedule to the parties indicating when they expect to be able to take action, which shall be within a reasonable time.
     6. The City Contract Representative may require the submission of additional documentation from either party to facilitate a decision. In each case, the City Contract Representative will submit reasons and/or documentation supporting its action.
     7. The parties shall have ten (10) days from the date of the City Contract Representative's final decision rejecting or approving a claim, or suggesting a compromise, within which to accept or object to the decision. Failure of a party to accept or object to the decision in writing within such ten (10) day period shall be deemed an acceptance of the decision. If either party rejects the decision of the City Contract Representative in writing within such ten (10) day period, the matter shall be referred to the Contract Officer for de novo review.
     8. The Contract Officer shall have sixty (60) days from receipt of a written objection by the Contractor to the City Contract Representative’s final decision, or such longer period as the parties may stipulate in writing, to review the matter and issue a response in accordance with Article IX of the Tucson Procurement Code. During such period, the Contract Officer may require such additional documentation or testimony as deemed necessary to support his/her response.
• LAWS AND ORDINANCES —

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

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

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

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

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

• MISCELLANEOUS PROVISIONS —
  1. Governing Law
     1. The Contract shall be governed and construed according to the laws of the Tucson City Code and State of Arizona.
  2. Written Notice
     1. Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last known business address known to the party giving notice.
  3. Conflict of Interest
     1. The City shall also have the right to terminate this Contract pursuant to the conflict-of-interest provisions of A.R.S. Sec. 38-511 and to exercise any and all remedies provided in such statute. The City may cancel this Contract if any person significantly involved in negotiating, drafting, securing or obtaining this Contract for or on behalf of the City of Tucson becomes an employee in any capacity of any other party or a consultant to any other party with reference to the subject matter of this Contract.
• HOUSING AND URBAN DEVELOPMENT (HUD) SECTION 3 —
  1. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 
  2. The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part 75, which implement Section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations. 
  3. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
  4. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.
  5. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR Part 75.
  6. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD-assisted contracts.
  7. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this Contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).
• ANNUAL FUNDING APPROVAL —

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

• INSPECTION OF PREMISES —

  Bidders/Offerors are encouraged to inspect the premises prior to submitting a bid/offer in order to be fully aware of the scope of services required. Failure to do so will in no way relieve the successful Bidder/Offeror from performing in accordance with the conditions of this solicitation. Arrangements for on-site inspection of premises can be made with Leticia Riesgo at (520) 837-4138.

   

   

• BID SUBMISSION —

  ALL BIDDERS

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

  1. Bid for Construction
     1. Provide the price for each item of work in the requested manner in clearly documented figures (typewritten is preferred). All figures and signature by duly authorized representative must be in ink. Changes or corrections must be in ink and initialed in ink by the individual preparing the bid. Unit prices are to include the furnishing of all materials, plant, equipment, tools, all applicable taxes, bonds, and the performance of all labor and services necessary or proper for the completion of the work, unless otherwise expressly provided in these bid documents.
  2. Signed Offer and Acceptance Form
  3. Bid Security/Bid Bond
  4. SBE/DBE Plan (if applicable)
  5. Subcontractor Listing

  NOTE: THE ENTIRE OFFER MUST BE IN "SUBMITTED" STATUS IN THE CITY’S ONLINE BIDDING SYSTEM IN ORDER TO BE CONSIDERED. RESPONSES THAT HAVE BEEN CREATED IN THE SYSTEM, BUT THAT ARE NOT IN "SUBMITTED" STATUS BY THE OFFER SUBMITTAL DEADLINE WILL NOT BE CONSIDERED.

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

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

  APPARENT LOW BIDDER

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

  1. Contractor Responsibility Form

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

   

• Quantities —

  The Offeror understands that any quantities stated or implied in the Specifications or elsewhere in the Contract Documents are approximate only, and are subject to increase or decrease, and hereby proposes to perform all quantities of work as either decreased or increased, in accordance with the provision of the Specifications, at the unit price bid in the Proposal, or as adjusted pursuant to the General Conditions of the Contract.

• INVENTORY —

  The City of Tucson has an ongoing requirement for the material indicated in this solicitation. The Contractor shall maintain a reasonable stock on hand for delivery upon request.

• BID OPENING —

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

• LIQUIDATED DAMAGES —

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

  Liquidated damages shall be in the amount of $2710.00 for each calendar day of delay.

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

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

• Property Protection & Security Requirements —

  The Contractor shall assume all responsibility for the protection, safety and security of City property and/or the site location(s) were construction activity is occurring; to include the protection and security of supplies, equipment and materials stored or stockpiled on Site. The Contractor shall be responsible for insuring that the materials are in a new, undamaged condition, free of defects up to, until, and during incorporation into the Project. Project materials and equipment must be stored or stockpiled either on Site in a warehouse, or in a secured storage area.

  The contractor is responsible for protecting the site against theft and vandalism of pre-existing supplies, equipment and materials upon acceptance of Notice To Proceed. Additionally, the Contractor shall insure the materials, supplies and equipment to cover loss or damage without additional liability or added costs to the Owner.

  The Contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions, on his own responsibility or as the City Representative may determine, reasonably necessary to protect the life and the health of employees on the job, the safety of the public and to protect property in connection with the performance of the Work covered by the Contract.

  Precaution shall be exercised by the Contractor at all times for the protection of persons (including employees) and property. The Contractor shall comply with the provisions of all applicable Laws including without limitation, pertaining to such protection required by all Federal and State occupational safety and health acts, and standards and regulations promulgated thereunder.

• OFFER AND AWARD OF CONTRACT —
  1. Notwithstanding any other provision of the Invitation for Bid, the City reserves the right to:
     1.  waive any immaterial defect, informality, omissions or commissions not involving price, time, or changes in the Work; or
     2. withhold the award for any reason deemed in the best interest of the City
     3. reject any or all bids, or portions thereof; or
     4. reissue an Invitation for Bid.
  2. The City may conduct such investigations as deemed necessary to assist in the evaluation of any Bid and to establish the Responsibility of the Offeror including, but not limited to, qualifications and financial ability of Bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract documents.
  3. A response to the Invitation for Bid is an offer to contract with the City based upon the terms, conditions, and Specifications contained in the City’s Invitation for Bid. Bids do not become Contracts unless and until they are executed by the City’s Director of Business Services and City Attorney. A Contract has its inception in the award, eliminating a formal signing of a separate Contract. All of the terms and conditions of the Contract are contained in the Invitation for Bid, unless any of the terms and conditions are modified by an IFB Addendum, Contract Addendum, or by mutually agreed terms and conditions in the Contract documents.
  4. Mistakes in bids shall be handled in accordance with the Tucson Procurement Code Section 28-17(6).
  5. If in the best interests of the City, the award of the Contract will be made to the lowest Responsive and Responsible Bidder

  If the Contract is to be awarded, the Contract Officer will give the successful Bidder a Notice of Intent to Award within sixty (60) days after the day of the Bid Opening, or within any mutually agreed upon extension of such sixty day time period. The successful Bidder shall sign and file with the City, within ten (10) days after Notice of Intent to Award, all documents necessary to the successful execution of the Contract.

   

• LOCAL MAINTENANCE FACILITIES —

  The contractor must have local maintenance facilities or have specific agreements in force with a third party to provide local maintenance. Each maintenance facility must be staffed by trained technicians and have a sufficient parts inventory in order to provide quality service on the equipment specified. The City may inspect the maintenance facilities to determine adequacy.

• Payment and Performance Bond —

  The Offeror agrees to deliver to the Business Services Department, Procurement Division, at the time the Contract is signed, a Performance Bond in an amount equal to one hundred percent (100%) of the amount of the Contract and a Payment Bond in an amount equal to one hundred percent (100%) of the amount of the Contract. Said bonds will be issued by a Surety Company authorized to do business within the State of Arizona and satisfactory to the City of Tucson. If any surety upon any bond furnished in connection with this Contract becomes unacceptable to the City, or if any such surety fails to furnish reports as to its financial condition from time to time as may be requested by the City, the Undersigned shall promptly furnish such additional security as may be required from time to time to protect the interests of the City and of persons supplying labor or material in the prosecution of the work contemplated by this Contract.

• PAYMENT AND PERFORMANCE BONDS —

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

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

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

   

• MAINTENANCE FACILITIES —

  The equipment specified in this solicitation is dependent upon the availability of prompt professional service. In order to be considered for award, each potential contractor is required to have existing maintenance facilities with sufficient parts inventory and trained technicians experienced in providing quality service on the equipment specified. Maintenance facilities are subject to inspection by the City to determine adequacy.

• WITHDRAWAL OF SUBMITTAL; BINDING OFFER —

  By submitting an Offer in response to this Solicitation, Offeror is offering to enter into the Contract with the City. Offeror may withdraw a submitted Offer at any time prior to the Offer Submittal Deadline. Telephonic or oral withdrawals are not effective.

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

   

• Non-Collusion Affidavit —

  The Offeror certifies that this bid is genuine, and is not in any way collusive or a sham; that the bid is not made with the intent to restrict or prohibit competition; that the firm submitting the bid has not revealed the contents of the bid to, or in any way colluded with, any other firm which may compete for the contract; and that no other firm which may compete for the contract has revealed the contents of a bid to, or in any way colluded with, the firm submitting the bid.

• WAGE COMPLIANCE —

  Contractor shall pay their eligible employees the highest of:

  1. the City of Tucson minimum wage
  2. the State of Arizona minimum wage
  3. if applicable, the prevailing wage required by Davis-Bacon and Related Acts

  Contractor shall cooperate with all efforts of the City of Tucson’s Labor Standards Unit (LSU) to monitor and ensure compliance with applicable labor standards to include, but not be limited to, the following:

  • Providing copies of pertinent documentation upon request
  • Cooperating with audits and interviews
  • Abiding by deadlines and adhering to due dates for determinations and appeals filings

  Contractor agrees to educate their employees on the applicable wage(s) that law requires them to minimally be paid.

  All timely complaints that are received by the LSU will be evaluated in accordance with the procedures posted on the LSU’s webpage: www.tucsonaz.gov/minimumwage

• MAINTENANCE RATES —

  Proposed service maintenance rates shall include costs for maintenance service needed to restore equipment to first class operating condition provided such equipment was under a maintenance agreement for the last twelve (12) months.

• PROTESTS —

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

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

  1. The name, address, and telephone number of the protestant;
  2. The signature of the protestant or its representative;
  3. The solicitation or contract number;
  4. A detailed statement of the legal and factual grounds for the protest along with copies of all relevant documents; and
  5. The form of relief requested.
• MANUFACTURER'S REPRESENTATIVE —

  Vendors who submit as a manufacturer's representative must supplement the bid/offer with a letter from each manufacturer involved. The letter shall certify that the vendor is authorized to provide the specific equipment presented, that the vendor is authorized to submit an bid/offer on such equipment, and guarantees that should the vendor fail to fulfill any obligations established as a result of a Contract award, the manufacturer, upon assignment by the City, will either assume such obligations or provide an alternate authorized vendor for the balance of the Contract period. All other terms and conditions of the Contract shall remain the same.

• VENDOR REGISTRATION; BUSINESS LICENSE —

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

  1. Register with the City’s Business Services Department. Registration can be completed at https://procurement.opengov.com/portal/tucson-az Please note that email notifications of newly published solicitations and addenda will be provided to those vendors that select email as their preferred delivery method in their vendor record.
  2. Obtain a City of Tucson Business License or a written determination from the City's Business License Section that a license is not required. For questions contact the City's Business License Section at (520) 791-4566 or email at license@tucsonaz.gov.

   

• ARIZONA CONTRACTOR'S LICENSE —

  The Contractor must have the appropriate license issued by the State of Arizona Registrar of Contractors in order to bid and maintain same through the duration of the project. Failure to have the appropriate license at the time of bid opening may result in rejection of the bid without further recourse and award of the contract to the next low responsive, responsible bidder.

• MSDS FOR HAZARDOUS SUBSTANCES —

  Contractor shall furnish Materials Safety Data Sheets for all products required by OSHA Hazard Communications Regulations per 29 CFR Part 1910.1200.

• MULTIPLE AWARDS —

  To provide adequate Contract coverage, multiple awards may be made.

• PERFORMANCE SURETY —

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

• REPAIR TRANSPORTATION —

  The Contractor will be responsible for the transport of equipment to and from their place of business for repairs until such time as the City places the equipment in service. Transporting the equipment will not be delayed more than one (1) working day from date of notification.

• SAFETY STANDARDS —

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

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

• SAMPLES AND DEMONSTRATIONS —

  Samples or demonstrations may be requested if an item bid/offered is other than specified. If samples should be requested, unless otherwise authorized, such samples must be received by the City no later than five (5) days after a formal request is made. When required, the City may request full demonstration of any item(s) bid/offered prior to the award of any Contract.

  Samples shall be an exact and true representative sample of the actual material bid/offered. Each sample shall be properly tagged or labeled with the name of the Bidder/Offeror and manufacturer, the due date, and the solicitation number. Samples shall be provided at no additional costs to the City. Samples not used for tests will be returned to the Bidder/Offeror.

  Furthermore, after award, the City reserves the right to secure additional samples from the actual material supplied. In the event the samples fail to conform with the Contract requirements, the Contractor shall immediately replace the portion of the delivered commodity with acceptable material conforming to the Contract requirements at no cost to the City.

• SUBSTITUTE ITEMS —

  In the event that a product or model provided under the contract is discontinued by the manufacturer, the City at its sole discretion may allow the Contractor to provide a substitute for the discontinued item. The Contractor shall request permission to substitute a new product or model and provide the following:

  • A formal announcement from the manufacturer that the product or model has been discontinued.
  • Documentation from the manufacturer that names the replacement product or model.
  • Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation.
  • Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model.
  • Documentation confirming that the price for the replacement is the same as or less than the discontinued model.
• TRAINING —

  The Contractor shall provide the City with primary training for each basic unit of equipment purchased. This training shall be adequate to equip a typical equipment operator in order to ensure proper operation and utilization of the equipment supplied. Any manuals necessary to perform the required training shall be furnished by the Contractor.

• USAGE REPORT —

  The Contractor shall provide an electronic copy of a usage report upon request to the Department of Procurement. The report shall be sent after eleven (11) months of the Contract term. The report shall provide complete information on the quantity and description of items purchased under this Contract.

   

   

• WARRANTY —

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

• WORKMANSHIP —

  The Contractor agrees that all work shall be done by skilled and experienced staff and shall be done in a first-class and workmanlike manner.

• WRITTEN CERTIFICATION PURSUANT TO A.R.S. §35-394 —

  If Contractor engages in for-profit activities and has at least ten full time employees, Contractor certifies that Contractor does not currently, and agrees for the duration of the contract that it will not, use: 1) the forced labor of ethnic Uyghurs in the People’s Republic of China; 2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and 3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. If Contractor becomes aware during the term of the contract that it is not in compliance with the written certification, it must notify the City within five business days after becoming aware of the noncompliance. This Contract will be automatically terminated 180 days after the date of the notice unless Contractor has, before the end of that period, notified the City that the noncompliance has been remedied.

• INDEMNIFICATION —

   

  To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless City of Tucson, the Regional Transportation Authority (RTA), its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, damages, losses, expenses, including but not limited to, reasonable attorney fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expense, related to, arising from or out of or resulting from any actions, acts, errors, mistakes or omissions caused in whole or part by Contractor relating to work or services in the performance of this Contract, but only to the extent caused by negligence, recklessness or intentional wrongful conduct including but not limited to, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor’s and Subcontractor’s employees, provided, however, that this duty to indemnify, hold harmless and defend shall not include losses, damages, claims, liabilities, costs and expenses to the extent arising from the acts or omissions of the City. If Contractor or any of Contractor’s employees are certified to receive a premium tax credit or cost sharing reduction which triggers a §4980H (a) or (b) penalty against the City, the Contractor shall indemnify the City from and shall pay any assessed tax penalty. 

   

• FEDERAL HIGHWAY ADMINISTRATION (FHWA) REQUIREMENTS —

  This project is utilizing funds provided by the Federal Highway Administration (FHWA). Any resulting contract will contain the FHWA required terms and conditions contained herein. 

Submission Requirements

• Forms to be Filled Out —

  Please ensure that all required information is included with your response.

  1. Bid Schedule
  2. Offer and Acceptance Form
  3. Bid Bond
  4. Subcontractors List
  5. Contractor Responsibility Form
• Bid Schedule (required) —

  Please upload your completed Bid Schedule.

  See Attachment N

• Offer and Acceptance Form (required) —

  Please upload your signed Offer and Acceptance form.

  See Attachment A

• Bid Bond (required)
• Subcontractors List (required) —

  Please attach your Subcontractors List.

  See Attachment O

• Contractor Responsibility Form —

  See Attachment B

• Publication Dates (required) —

  What are the two publication dates for "The Daily Territorial" for this project:

  Use the following format: Wednesday, June 25, 2022 and Wednesday, July 7, 2022

• Pre-Bid Conference (required) —

  Will there be a pre-bid conference held for this project?

• Pricing (required) —

  Will you build the pricing in OpenGov Procurement?

• Attachments (required) —

  Do you have any attachments other than SBE Provisions?

• Special Terms and Conditions (required) —

  Please select the required language that should be included under Special Terms and Conditions for this project. Please select all that apply.

• Insurance (required) —

  Please select the additional insurance coverages required for this project. Please select all that apply.

• Consecutive Calendar Days (required) —

  What are the Consecutive Calendar Days?

• Liquidated Damages (required) —

  What are the liquidated damages? Please use $1500.00 format

• Offer & Acceptance (required) —

  Do you need an Offer & Acceptance form? Default should be yes.

• Project Site (required) —

  Enter the location of the project

• Plan Number (required) —

  Enter the Plan Number. If no plan number, enter "N/A" exactly as shown as this will be visible to vendors.

• Price Range (required) —

  Provide a price range for the project.

  Example: Use the following format: Between $1,000,000 and $5,000,000

• SBE/DBE Goal (required) —

  Provide the the SBE or DBE Goal and clarify which one it is.

  Example: 5% SBE or 2% DBE

• DTM Construction Bid (required) —

  Is this a DTM Construction Bid?

• Will the resulting contract have Federal Funding (required)