HomeMy WebLinkAboutC2020-054 - Vincon Engineering Contract No.2020-054
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
VINCON ENGINEERING CONSTRUCTION, LLC
THIS COOPERATIVE PURCHASING AGREEMENT(this"Agreement")is entered into
as of January 7,2020, between the Town of Fountain Hills, an Arizona municipal corporation(the
"Town"), and Vincon Engineering Construction, LLC, an Arizona corporation(the"Contractor").
RECITALS
A. After a competitive procurement process,the City of Scottsdale(the"City")entered
into Contract No. 1 8PB006(the"City Contract"),for the Contractor to provide as-needed concrete
services. A copy of the City Contract is on file with the Town and is incorporated herein by
reference as Exhibit A.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the City Contract, at its discretion and with the agreement of the awarded
Contractor,and the City Contract permits its cooperative use by other public entities, including the
Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the City Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide
necessary staff, services and associated resources to provide the City with as-needed concrete
services (the "Materials and Services"), and (iii) setting the maximum aggregate amount to be
expended pursuant to this Agreement related to the Materials and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and shall remain in full force and effect until November 9, 2020(the"Initial Term"), unless
terminated as otherwise provided in this Agreement or the City Contract. After the expiration of
the Initial Term, this Agreement may be renewed for up to three successive one-year terms (each,
a"Renewal Term") if: (i) it is deemed in the best interests of the Town, subject to availability and
appropriation of funds for renewal in each subsequent year, (ii) the term of the City Contract has
not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of
this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional
one-year term and (iv) the Town approves the additional one-year term in writing(including any
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price adjustments approved as part of the City Contract), as evidenced by the Town Manager's
signature thereon, which approval may be withheld by the Town for any reason. The Contractor's
failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of
the then-current term of this Agreement; provided, however, that the Town may, at its discretion
and with the agreement of the Contractor, elect to waive this requirement and renew this
Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the
"Term." Upon renewal, the terms and conditions of this Agreement shall remain in full force and
effect.
2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement
for Materials and Services under the terms and conditions of the City Contract. The Town does
not guarantee any minimum or maximum number of purchases will be made pursuant to this
Agreement. Purchases will be made only when the Town identifies a need and proper
authorization and documentation have been approved. For purchase(s) determined by the Town to
be appropriate for this Agreement,the Contractor shall provide the specific Materials and Services
to the Town in such quantities and configurations agreed upon between the parties, in a written
invoice, quote, materials order or other form of written agreement describing the materials to be
delivered (each, a "Materials Order"). Each Materials Order shall (i) contain a reference to this
Agreement and the City Contract and (ii) be attached hereto as Exhibit B and incorporated herein
by reference. A Materials Order submitted without referencing this Agreement and the City
Contract will be subject to rejection. Contractor acknowledges and agrees that a Materials Order
containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the
terms of this Agreement, other than Town's project-specific requirements, is hereby expressly
declared void and shall be of no force and effect.
2.1 Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this
Agreement and/or the City Contract will be held at Contractor's risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non-
conforming Materials or Services, the Town may elect to do any or all of the following by written
notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii)
bring Materials or Services into compliance and withhold the cost of same from any payments due
to the Contractor.
2.2 Cancellation. The Town reserves the right to cancel any work order within
a reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse
the Contractor, but only for actual and documentable costs incurred by the Contractor due to and
after issuance of the work order. The Town will not reimburse the Contractor for any costs incurred
after receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to
issuance of a work order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation. The Town shall pay the Contractor an amount not to exceed
$600,000.00 during the Initial Term of the Agreement for the Materials and Services at the rates
set forth in the City Contract. The aggregate not-to-exceed amount, inclusive of all Renewal
Terms, shall not exceed $2,400,000.00.
4. Payments. The Town shall pay the Contractor monthly,based upon acceptance and
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delivery of Materials and/or Services performed and completed to date, and upon submission and
approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the City
Contract and (ii) document and itemize all work completed to date. The invoice statement shall
include a record of materials delivered,time expended, and work performed in sufficient detail to
justify payment.Additionally,invoices submitted without referencing this Agreement and the City
Contract will be subject to rejection and may be returned.
5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor's and its subcontractors' books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors'
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit evaluation of the Contractor's and its subcontractors' compliance with the Arizona
employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to
audit Records as set forth in this Section,Contractor and its subcontractors hereby waive any rights
to keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended, the Town shall have access to said Records, even if located at its
subcontractors' facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Contractor pursuant to this
Agreement. Contractor and its subcontractors shall provide the Town with adequate and
appropriate workspace so that the Town can conduct audits in compliance with the provisions of
this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor shall require its subcontractors to comply with the provisions of this
Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARIz. REV. STAT. § 41-
4401,the Contractor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIz. REv. STAT. § 23-214(A). Contractor's or its subcontractors' failure to comply with
such warranty shall be deemed a material breach of this Agreement and may result in the
termination of this Agreement by the Town.
7. Israel. Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a"boycott," as that term is defined in ARIz.
REV. STAT. § 35-393, of Israel.
8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ.REV.STAT. § 38-5 1 1.
9. Applicable Law;Venue. This Agreement shall be governed by the laws of the State
of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County,Arizona.
10. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town's then current fiscal year. The Town's obligations
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under this Agreement are current expenses subject to the "budget law" and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
Agreement shall be deemed terminated at the end of the then-current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement.The parties agree that the Town has no obligation
or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in
this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement
is executed and delivered. The Town shall be the sole judge and authority in determining the
availability of funds for its obligations under this Agreement. The Town shall keep Contractor
informed as to the availability of funds for this Agreement. The obligation of the Town to make
any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.
Contractor hereby waives any and all rights to bring any claim against the Town from or relating
in any way to the Town's termination of this Agreement pursuant to this section.
11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, the City Contract, and invoices, the documents shall govern in the
order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above,
unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this
Agreement or the City Contract (collectively, the "Unauthorized Conditions"), other than the
Town's project-specific requirements, are expressly declared void and shall be of no force and
effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized
Conditions or failure to demand full compliance with the terms and conditions set forth in this
Agreement or under the City Contract shall not alter such terms and conditions or relieve
Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the
performance of this Agreement.
12. Rights and Privileges. To the extent provided under the City Contract, the Town
shall be afforded all of the rights and privileges afforded to the City and shall be the "City" (as
defined in the City Contract) for the purposes of the portions of the City Contract that are
incorporated herein by reference.
13. Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to the City to the extent provided under the City Contract, and such
insurance coverage and indemnifications shall inure and apply with equal effect to the Town under
this Agreement including, but not limited to, the Contractor's obligation to provide the
indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof(the Town and
any such person being herein called an "Indemnified Party"), for, from and against any and all
losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys' fees,court costs and the costs of appellate proceedings)to which any such Indemnified
Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such
Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the
negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work
or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the
performance of this Agreement.
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14. Notices and Requests. Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail,registered
or certified, return receipt requested, to the address set forth below or (iii) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Pierce Coleman PLLC
4711 E. Falcon Dr., Ste. 111
Mesa, Arizona 85215
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: Vincon Engineering Construction, LLC
1831 North Rochester
Mesa, Arizona 85205
Attn: Jeff Kerr
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona Municipal Corporation
(.._;,'''`.) \A;totte ,
Grady E. M. er, T Manager
ATTEST:
-,',-,,' /, ' iVA-. d.,L.,
Eli abeth : 'urke, Town C1ek
APPROVED AS TO FORM:
aron D. Arnson, Town Attorney
(ACKNOWLEDGEMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On 1AfkI _ i ,2020,before me personally appeared Grady E.Miller,the Town
Manager of th TOWN •t; FOUNTAIN HILLS, an Arizona municipal corporation, whose identity
was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document, on behalf of the Town of Fountain Hills.
114 JAMIE SALENTINE S •�1�� u 2'
.
r Notary Public-State of Arizona
kTeci",..
tM,4Ri?sO COUNTYN tary Public
mm�ssion#550103r .Expires July 11,2022
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
6
"Contractor"
VINCON ENGINEERING CONSTRUCTION, LLC,
an iz liability company
By.
Name: �` /1-4/174
Its: p
(ACKNOWLEDGEMENT)
STATE OF Ai 74114, )
) ss.
COUNTY OF P, &o & )
On tfectrAiw a , 2020, before me personally appeared Tacky Q((er kedrie , the
446rn - of VINCON ENGINEERING CONSTRUCTION, LLC, an Arizona limited
liability company, whose identity was proven to me on the basis of satisfactory evidence to be the
person who he or she claims to be, and acknowledged that he or she signed the above document, on
behalf of the limited liability company.
�.
,,;i+: PAULA L WOODWARD PaLQyLitNIPLa
�..�. -state
ofArl�ne
:.K M RICOPA COUNTY Notary Public
-- -'�,-' Commission#850131
bract Expi August 18,2022
(Affix notary seal here)
4825-0858-5390,v. 1
7
EXHIBIT A
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
STABILIZER SOLUTIONS, INC.
[City Contract]
See following pages.
EXHIBIT B
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
STABILIZER SOLUTIONS, INC.
[Materials Order]
See following pages (to be attached subsequent to execution).
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P OFFER AND ACCEPTANCE
1
" City of Scottsdale
Purchasing Division
t £ 9191 E.San Salvador Dr.
p Scottsdale,AZ 85258
Phone:480-312-5700—Fax:480-312-5701
SOLICITATION# 18PB006 SOLICITATION TITLE: Concrete Repair Services
OFFER
TO THE CITY OF SCOTTSDALE:
The undersigned hereby offers and agrees, in accordance with the undersigned's written offer submitted in response to this
solicitation, to furnish the material and/or service(s) in compliance with all terms, conditions, specifications, scope of work, and
addendums in the solicitation listed above, including written exceptions that are subject to the approval of the. City prior to
acceptance. The undersigned agrees that the entire solicitation listed above is hereby incorporated by reference as if fully set
forth herein.
The Offeror's signature on this OFFER form certifies that he has read, understands and:will comply with all terms, conditions and
specifications stated in all documents constituting the solicitation. The bidder also certifies it is in compliance with the Non
Collusion and all Federal and Arizona State Immigration Laws.
OFFER MADE-COMPANY INFORMATION FOR CLARIFICATION OF THIS OFFER,CONTACT:
A 060,3 EAas Cc A c tea, LAC.— C0 t
Company Name Printed Name
Address Title
42- Dcaoc" i b - �- `�3 1
siAGLA
State Zip phone
QD a14t1 4 O- t?3-` cI7 `—Co1104(f) OA n1�C..6to-
Si not re for Q eror Da e Fax E Mail
Printed Name and Title of Authorized Signatory Address (if different from Company info)
411-1116R
Federal Employer Tax ID#or SSN as per W9 Statement City, State, Zip (if different from Company info)
ACCEPTANCE OF OFFER, NOTICE OF CONTRACT AWARD
{for City of Scottsdale Use Only)
The contractor's offer is hereby accepted by the City of Scottsdale. The Contractor is now bound to sell the materials and/or
service(s)and perform based upon the above solicitation , including all terms, conditions, specifications,scope of work,and
addendums contained in the Solicitation,as well as any written exceptions that have been separately accepted by the City.
This contract shall henceforth be referred to as Contract#18PB006
The contract consists of the following documents: 1) Solicitation#18PB006 and all addendums(if applicable)as issued by the
City;2)The Contractor's Response to the City's solicitation; 3)This signed offer and acceptance and any other applicable
contractual agreements,4)All written exceptions and/or modifications to the solicitation requirements as agreed to by the City
and the Contractor as per attachment,dated
The Contractor is hereby cautioned not to commence any billable work or provide any material or service under this contract
until the Contractor receives a purchase order document from the City.
The Contractor must provide the following checked items within ten (10)calendar days from the date of this Acceptance of Offer,
Notice of Contract Award in order for the City to issue the required Purchase Order: 0 Payment Bond 0 Performance Bond,
® Insurance Certificate(s), 0 I.R.S. Form W-9/Taxpayer ID No. &Certification, ❑ other documentation as identified.
If the Contractor fails to furnish the required documents within the stated ten (10)calendar days they may be considered in
default and may be at risk of forfeiture of any applicable Bid Bond posted. All required documents are to be sent to the Bid&
Contract Specialist listed in the solicitation. **AWARDED LOTS 1 AND 2**
This document has been approved as to form on the 22'°day of July, 2012 City of Scottsdale, a municipal corporation
by the City Attorney and is on file with the City Clerk. It need not be Offer Accepted and Awarded this 9th day
submitted to the City Attorney for approval unless the form document is of NOVEMBE12017
altered.
Risk Management issues reviewed and approved as to form SEPTEMBER 28,201 7 y� f`^
by City of Scottsdale Risk Management Director ' V( L.L. l/ ,- for
J.E.Flanagan
0
Recommended award approved OCTOBER 31, 2017 Or Designee
MARGIE ASQUEZ
by City of Scottsdale Contract Administrator As City of Scottsdale Purchasing Director
46
Revised 08/19/13—Doe#10019096 v-2
INVITATION
FOR BID
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CONCRETE REPAIR SERVICES
IFB #18PB006
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TABLE OF CONTENTS
CONCRETE REPAIR SERVICES
4L 14
1:1:Z tigatt
m IFB#18PB006
AI&
INSTRUCTIONS TO BIDDERS 1
1. SUBMITTAL RECEIPT AND OPENING 1
2. PRE-BID CONFERENCE 1
3. INFORMATION REQUESTS 1
4. SOLICITATION QUESTIONS 2
5. APPROVED ALTERNATES 2
6. ENVIRONMENTAL PROCUREMENT POLICY 3
7. PURCHASING WEB SITE 4
8. DOWNLOADING SOLICITATIONS 4
9. EMAIL NOTIFICATION 4
10. CITY OF SCOTTSDALE PROCUREMENT CODE 4
11. PROSPECTIVE BIDDER'S CONFERENCE 4
12. BIDDER'S PRESENTATION 5
13. INELIGIBLE BIDDER 5
14. OBLIGATIONS 5
15. NON COLLUSION AFFIDAVIT 5
16. IMMIGRATION LAW COMPLIANCE 5
17. LAWFUL PRESENCE IN THE UNITED STATES FOR PERSONS 6
18. TAXES/LICENSES 6
19. CONTRACTOR'S LICENSING REQUIREMENTS 8
20. LITIGATION 9
21. SUBCONTRACTOR'S LIST 9
22. SUBCONTRACTORS 9
23. CONFIDENTIAL INFORMATION 9
24. SMALL BUSINESS 10
25. TITLE VI NOTICE 10
26. INTERPRETATIONS, ADDENDA 10
27. SUBMITTAL PROCEDURE 11
28. DONATIONS 12
29. AWARD DETERMINATION 12
30. REJECTION OF BIDS 12
31. PROTESTS 13
32. CONTRACT AWARD NOTIFICATION 14
33. AWARD OF CONTRACT 14
34. BID BOND 15
GENERAL TERMS AND CONDITIONS 16
1. ADDITIONAL SERVICE REQUESTED 16
2. ADVERTISING 16
3. ARIZONA LAW 16
4. ASSIGNMENT 16
5. ATTORNEY'S FEES 16
6. AUTHORITY 16
7. CANCELLATION OF CITY CONTRACTS- CONFLICT OF INTEREST 17
8. CAPTIONS/HEADINGS 17
9. CERTIFICATE OF INSURANCE 17
10. CHANGES IN THE WORK 17
11. CHEMICALS 18
12. COMPLIANCE WITH FEDERAL AND ARIZONA STATE IMMIGRATION LAWS 18
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13. COMPLIANCE WITH FEDERAL AND STATE LAWS 19
14. CONTRACT ADMINISTRATOR DUTIES 19
15. CONTRACTOR ON SITE SAFETY REPORTING REQUIREMENTS 19
16. CO-OP USE OF CONTRACT 20
17. COUNTERPARTS 20
18. ENDANGERED HARDWOODS 20
19. ENTIRE AGREEMENT 20
20. EQUAL EMPLOYMENT OPPORTUNITY 20
21. ESTIMATED QUANTITIES 20
22. EXECUTION OF CONTRACT 20
23. FORCE MAJEURE 21
24. FUNDS APPROPRIATION 21
25. INDEMNIFICATION 21
26. INDEPENDENT CONTRACTOR 21
27. INSURANCE REQUIREMENTS 22
Insurance Representations and Requirements 22
Required Coverage 24
28. ISRAEL BOYCOTT PROHIBITION 24
29. LITIGATION 25
30. LOCAL CONDITIONS, RULES AND REGULATIONS 25
31. MODIFICATIONS 25
32. NO PREFERENTIAL TREATMENT OR DISCRIMINATION 25
33. NO WAIVER 25
34. ORDER OF PRECEDENCE 26
35. PATENTS/ INTELLECTUAL PROPERTY 26
36. PAYMENT TERMS 26
37. PRICE REDUCTION 27
38. RECORDS AND AUDIT RIGHTS 27
39. REGISTERED/LICENSES 27
40. REQUEST FOR TAXPAYER I.D. NUMBER & CERTIFICATION IRS W-9 FORM 27
41. RISK OF LOSS 28
42. SCOTTSDALE CITY SEAL AND CITY SYMBOL 28
43. SEVERABILITY 28
44. SUCCESSORS AND ASSIGNS 28
45. TERMINATION 28
46. TESTING OF MATERIALS 29
47. TIME IS OF THE ESSENCE 29
48. WARRANTY 30
SPECIAL TERMS AND CONDITIONS 31
1. ACCEPTANCE/AGREEMENT 31
2. CITY OBSERVED HOLIDAYS 31
3. COMPLETENESS AND ACCURACY 31
4. CONTRACTOR'S EMPLOYEES' IDENTIFICATION AND WORK APPAREL 32
5. CONTRACTOR SUPERVISORS AND CREWS 33
6. FUEL SURCHARGES 33
7. INVOICING 33
8. KEY PERSONNEL 34
9. MULTIPLE AWARDS 34
10. PRICE ESCALATION 34
11. PRICING 35
12. PRODUCT TESTING AND QUALITY CONTROL 35
13. PURCHASING PROCEDURE 35
14. QUANTITY 36
15. REVIEW OF CONTRACTOR'S WORK 36
16. TERM OF AGREEMENT 36
17. THIRD PARTY BENEFICIARY 36
18. UNPREDICTABLE MARKET CHANGE 36
19. VEHICLE REQUIREMENTS AND IDENTIFICATION 37
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20. WARRANTY REQUIREMENTS 37
SPECIFICATIONS 38
1.0 PURPOSE 38
2.0 CONTRACT ADMINISTRATION 38
3.0 MINIMUM CONTRATOR QUALIFICATIONS 38
4.0 CONTRACT AWARD 39
5.0 CONTRACTOR RESPONSIBILITIES 39
6.0 TRAFFIC CONTROL 40
7.0 PUBLIC NOTIFICATION 41
8.0 WORK SCHEDULE 41
9.0 MATERIALS 42
10.0 DUST PREVENTION 43
11.0 PREPARATION AND CLEAN UP 43
12.0 GENERAL SPECIFICATIONS 43
SUBMITTAL CHECKLIST 45
OFFER AND ACCEPTANCE 46
BID FORM 47
REFERENCES 52
SUBCONTRACTOR'S LIST 53
BIDDER GENERAL DISCLOSURE FORM 54
BIDDER LITIGATION DISCLOSURE FORM 55
BIDDER QUESTIONNAIRE-COMPANY INFORMATION 56
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INSTRUCTIONS TO BIDDERS
CONCRETE REPAIR SERVICES
IFB #18PB006
..,per s
The City of Scottsdale invites sealed submittals to establish service contracts for as-needed concrete
repair services in all City of Scottsdale right of ways, for the City's Street Operations Department.
SOLICITATION CRITICAL DATES
BID/PROPOSAL SUBMITTAL DUE: 2:00 P.M., LOCAL TIME, OCTOBER 24, 2017
QUESTIONS DUE: 2:00 P.M., LOCAL TIME, OCTOBER 16, 2017
APPROVED ALTERNATE SUBMITTALS DUE: 2:00 P.M., LOCAL TIME, OCTOBER 16, 2017
1. SUBMITTAL RECEIPT AND OPENING
SEALED SOLICITATION SUBMITTALS WILL BE RECEIVED until 2:00 P.M., LOCAL TIME,
OCTOBER 24, 2017, at the Purchasing Department Front Desk, located on the second floor of the
Scottsdale Corporation Yard Building at 9191 E. San Salvador Dr., Scottsdale, AZ 85258. All
submittals must be date and time stamped at the Purchasing Department front desk on or
before the submittal receipt time and date. LATE SUBMITTALS WILL NOT BE ACCEPTED.
To allow staff to complete required internal administrative functions, submittals will be opened, read
and the name of each bidder recorded, as a matter of public information, within thirty (30) minutes
after the receipt time and date have past.
No submittal will be considered unless it is submitted on the forms contained herein. All
submittals must be presented in a sealed envelope or box. The outside of the submittal must
be clearly marked with the solicitation number, solicitation title and the submitting company's name.
This includes envelopes delivered by Fed Ex, UPS, DHL or other carrier.
2. PRE-BID CONFERENCE
(Not Applicable)
3. INFORMATION REQUESTS
Requests for additional information relating to this bid should be directed to:
Margie Vasquez
Bid & Contract Specialist
480-312-5715
mvasquez(a�scottsdaleaz.gov
lh
9/28/2017 4:17 PM
1
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INSTRUCTIONS TO BIDDERS
CONCRETE REPAIR SERVICES
IFB#18PB006
4. SOLICITATION QUESTIONS
The Bidder shall submit all questions, requests for clarification and inquiries in regards to this
solicitation to Margie Vasquez, no less than eight (8) days prior to the original solicitation opening
date. It is preferred that all questions be submitted via email to the appropriate Purchasing Staff,
mvasquez(c�scottsdaleaz.gov, where possible. When submitting any questions the Bidder should
indicate the page number, Section Number/Clause, Title and if possible paragraph number that is
being questioned.
It is your responsibility to give notice, in the form of written questions before the bid opening on any
item or issue in this solicitation that you believe should not be included or contained in any
amendment to this solicitation or that the City failed to include in this solicitation that should have
been included, and by your notice, the City could have cured the problem if the item or issue had
been timely raised or objected to.
Failure to give notice may constitute a waiver of your right to object to the inclusion or lack of
inclusion of the item or issue in this solicitation in any subsequent protest filed by you.
All questions, regardless of the method they are communicated (email, regular mail or hand
delivered), must be clearly marked as "Solicitation Questions" and state the solicitation number in
the subject line of the email or on the outside of the envelope. If questions are not submitted via
email, the submittal envelope MUST be clearly marked with solicitation number and words
"SOLICITATION QUESTIONS", or it may be mistaken as an actual bid submittal and not be opened
immediately.
All solicitation questions MUST be received by the Purchasing Division no later than 2:00 P.M.
LOCAL TIME, OCTOBER 16, 2017. Any inquiries received after the specified time will be reviewed
on an individual basis by the Purchasing Staff to determine if a response would be advantageous
for the City.
5. APPROVED ALTERNATES
Specifications and plans, if applicable, may contain references to service requirements, equipment
and/or materials (patented or unpatented) or "approved alternate(s)." Such references shall be
regarded as establishing a standard of quality, finish, appearance, performance or as indicating a
selection or design based upon compatibility with existing equipment, materials or details of
construction (if applicable) inherent to the project design. Such references shall not be construed
as limiting the selection to a specified item, source or design detail. The use of an alternate or
substitute item or source as an approved alternate will be permitted, subject to the following
procedure and pursuant to ARS 34-104 if the subject matter of this solicitation involves
construction.
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5. APPROVED ALTERNATES— CONT'D
a. The Bidder shall submit a written Request for Alternate to the contact person listed on page one
of this solicitation at least eight (8) days prior to the original deadline for receiving bids.
Requests for alternates submitted to the City's contracted Consultant or other City Staff shall
not be reviewed. The submittal envelope must be clearly marked with solicitation number and
"REQUEST FOR APPROVED ALTERNATE'. Requests must be time stamped by the
Purchasing Division by 2:00 P.M., LOCAL TIME, OCTOBER 16, 2017. The approved
alternate request shall include all information necessary for proof of quality and suitability for
substitution including benefits, engineering design and data (calculations) and/or detailed plan
modifications which may be required by the substitution. The Bidder shall submit additional
information and/or samples when required.
The Contract Administrator or his representative, will evaluate the information submitted,
perform tests when necessary and make comparisons in order to approve or reject the
proposal. If rejected, the Contract Administrator shall give notice of rejection to the Bidder
submitting the request for approved alternate.
b. Purchasing, if the request for approved alternate is accepted, shall issue a written addendum to
the solicitation specifying the approved alternates and publish the modification in the same
manner as the original solicitation documents.
c. The Specifications may reference equipment or materials "or alternate". The reference to "or
alternate" shall be construed to mean "or approved alternate" in every instance. Use of an
alternate or substitute item shall be allowed only if approval was received as outlined in this
section.
d. For purposes of submitting a Request for Approved Alternate, the "Bidder" is defined as the
person or firm entering a submittal to the City in response to this solicitation. Therefore the City
will not entertain any submittal for an approved alternate from any party not meeting the
definition of Bidder.
6. ENVIRONMENTAL PROCUREMENT POLICY
The City has established an Environmental Procurement Policy which encourages the inclusion of
environmentally responsible products and services available to meet the intended purpose. We
encourage the offer of alternatives that broaden the range of environmentally responsible products
or services that will meet the performance requirements of this solicitation. IF YOU WISH TO
SUBMIT AN ALTERNATIVE, follow the procedures specified in the Instructions to Bidders,
Approved Alternate Section of this document, unless the approved alternate clause has been
deemed not applicable.
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7. PURCHASING WEB SITE
The Purchasing web site provides a wide variety of information; including the capability to download
solicitations and plan sheets (if applicable), how to introduce your products, a list of the Buyer's
commodity lines, etc. The web site can be accessed at http://www.scottsdaleaz.gov/purchasing.
Registering and downloading a solicitation will also provide the supplier with notices of all addenda
that are issued.
8. DOWNLOADING SOLICITATIONS
All solicitation documents, plan sheets/drawings, if applicable, and addenda are available for
download in .pdf format. Bidders may print their own copies of these documents or provide the files
to any reprographics/copy center in their area. Bidders will no longer be able to pick-up these
documents at the Purchasing Department and plan shipments are no longer available. There will
be one set of plan sheets/drawings (if applicable) available for onsite review only at the Purchasing
Office located at 9191 E. San Salvador Dr., Scottsdale, AZ 85258.
You must download the solicitation from the Purchasing web site at
https://eservices.scottsdaleaz.qov/Solicitations/Solicitation in order to be automatically notified of
associated addenda.
9. EMAIL NOTIFICATION
The City of Scottsdale does not maintain a Bidder list; however, on the Purchasing web site, lower
right side, see "Subscribe to Solicitation Opportunities", enter your email address and click
subscribe to receive a notification of Solicitation Opportunities twice weekly at
http://www.scottsdaleaz.qov/purchasing.
10. CITY OF SCOTTSDALE PROCUREMENT CODE
All procurement activities, conducted by the City of Scottsdale, are in conformance with the rules
and regulations of the Scottsdale Procurement Code. A copy of the Code is available for review in
the Office of the City Clerk located at City Hall, 3939 Drinkwater Boulevard and the Purchasing
Office, located at 9191 E. San Salvador Drive, Scottsdale, Arizona. A copy of the Code is also
available from the Purchasing website at http://www.scottsdaleaz.qov/purchasinq.
A hard copy of the Code is available for purchase, for a fee of$10.00, at the Purchasing Office.
11. PROSPECTIVE BIDDER'S CONFERENCE
A prospective Bidder's conference may be held. If scheduled, the date and time of this conference
is indicated on the cover page of this document. The purpose of this conference is to clarify the
contents of this solicitation in order to prevent any misunderstanding of the City's position. This
conference will also give Bidders an additional opportunity to submit any questions and discuss any
questions previously submitted.
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12. BIDDER'S PRESENTATION
Bidders may be invited to make a presentation. If invited, Bidders will be notified of the date and
time of the presentation by the City of Scottsdale Purchasing Department.
13. INELIGIBLE BIDDER
The preparer of the bid specifications is not eligible to submit a bid or proposal on the solicitation for
which they prepared the specification, nor is the preparer eligible to supply any product to a Bidder
or Offeror on the solicitation for which they prepared the specification.
14. OBLIGATIONS
The issuance of this solicitation shall not obligate the City to pay any costs incurred in the
preparation and submission of proposals.
15. NON COLLUSION AFFIDAVIT
By signing the Offer Form/Signature Page of the solicitation, or other official contract form, the
Bidder certifies that:
In connection with the performance of this solicitation or any resulting Contract, the Bidder is stating
and certifying that the Contractor/Company has not either directly, or indirectly, entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free
competitive proposing in connection with the preparation or submission of its submittal in response
to this solicitation or any potential resulting Contract.
If any company is jointly owned or associated through common officers/employees with another
company(s) that is/are responding to the same solicitation, both/all of those companies must take
all precautions to insure that the preparation of their Bid or Proposal submittal is done completely
independent of the other company(s) or individual(s). Specifically, any individual working on
preparation, approving or signing one submittal can have no knowledge of or interaction with any
other bid or proposal submission from a different company for that same solicitation.
If the subject matter of this solicitation is construction, the Bidder shall submit a completed and
Notarized Non Collusion Affidavit, stating and certifying that said Bidder/Company has not either
directly, or indirectly, entered into any agreement, participated in any collusion, or otherwise taken
any action in restraint of free competitive proposing in connection with the preparation or
submission of its submittal in response to this solicitation or any potential resulting Contract. The
Bidder shall return the completed and notarized Non Collusion Affidavit with its submittal.
16. IMMIGRATION LAW COMPLIANCE
By signing the Offer Form/Signature Page of this solicitation, the Bidder certifies and warrants that
for all solicitations for services (including construction services), it has complied with and will
maintain compliance with the E-Verify Program as required by ARS §23-214(A) up to the time of the
contract award. Failure to comply with the E-Verify Program may result in the automatic
disqualification of the submittal as being non-responsive or the termination of any Contract awarded
and the possible forfeiture of any applicable bond.
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16. IMMIGRATION LAW COMPLIANCE— CONT'D
The City will include specific "Compliance with Federal and Arizona State Immigration Laws"
language in any Contract or Subcontract it enters into with the successful Bidder. In addition, this
language must be included in any Subcontracts that the successful bidder enters into with its
Subcontractors.
17. LAWFUL PRESENCE IN THE UNITED STATES FOR PERSONS
Arizona State law A.R.S. §1-502 (H.B. 2008) requires that all PERSONS who will be awarded a
Contract and apply for public benefit, must demonstrate through a signed affidavit and the
presentation of a copy of documentation, that they are lawfully present in the United States.
A PERSON is defined as all NATURAL PERSONS/INDIVIDUALS/SOLE PROPRIETORSHIPS as
indicated by your W-9 Filing. (This law does not apply to LLP's, LLC's, PLLC's, Corporations,
Limited Partnerships or General Partnerships)
By submitting your quote, bid or proposal to the City, you are agreeing that if you are selected as
the awardee and meet the criteria as a PERSON, you will abide by this law and sign and submit an
AFFIDAVIT DEMONSTRATING LAWFUL PRESENCE IN THE UNITED STATES and attach the
appropriate copy of your documentation in proof of that statement. Types of acceptable
documentation copies are an Arizona Driver's License issued after 1996, Arizona nonoperating
identification license, U.S. Birth Certificate, U.S. Passport, 1-94 Form with photograph and several
others that are all listed on the Affidavit Form that the City will send to you for your completion prior
to issuing any Contract.
If you have previously done business with the City and already have filed the above Affidavit with
copies of an acceptable document, please indicate the date of submission. An acceptable Affidavit
already on file with the City will be sufficient to meet this requirement.
If you fail to provide a completed Affidavit and accompanying acceptable copy of your
documentation, or not advise the City of your prior filing within 10 calendar days of being requested,
then you may be considered non responsive and disqualified from award consideration. You can
obtain the complete Affidavit form from the Purchasing Department at (480) 312-5700 or the
Purchasing web site at http://www.scottsdaleaz.gov/Purchasing on the lower right side of the page
under Forms.
18. TAXES/LICENSES
Federal Excise Taxes:
The City of Scottsdale is exempt from certain federal excise taxes. The most common areas where
the City is exempt are:
1. Fuel that is used by the City
2. Communication
3. Heavy trucks, trailers and tractors
4. Certain Superfund activity
If there is a specific circumstance that is in doubt, you should contact the City to resolve the status
of that Federal Excise tax and its applicability.
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18. TAXES/LICENSES— CONT'D
Transaction Privilege (Sales) Taxes on the City:
The City of Scottsdale is not exempt from being charged the appropriate Arizona State, County, and
City privilege (sales) taxes on the goods and services that it procures. For suppliers within the
State of Arizona, the City expects to be charged the appropriate privilege taxes on the invoice. For
out of state suppliers that do not have the ability to collect Arizona privilege taxes, the City will self-
accrue such Arizona State and City use taxes for collection and payment to the State of Arizona
and City of Scottsdale.
Transaction Privilege (Sales) Taxes on the Supplier / Contractor: Certain business services
and activities may incur a City of Scottsdale Transaction Privilege (sales) tax liability. To determine
the City of Scottsdale tax treatment, please visit the following website and view the City of
Scottsdale Tax Code and other Privilege and Use tax resources.
Questions pertaining to the applicability of taxes shall be directed to the City of Scottsdale Tax &
License Section at 480-312-2400. The Contractor shall be responsible for payment of all applicable
taxes due on Contract income whether or not such taxes are specifically separated in the bid
amount.
http://www.scottsdaleaz.qov/taxes/
Certain Business Services and Activities may have a State Transaction Privilege (sales) tax liability.
To determine the State tax treatment, please visit the following website or contact the Arizona
Department of Revenue at 602-716-6578 or 602-716-6657.
http://azleq.state.az.us/ArizonaRevisedStatutes.asp?Title=42
To obtain a State of Arizona Privilege (Sales) Tax License Application, please go to the following
website:
http://www.azdor.gov/Business.aspx
The City of Scottsdale requires a license for service-oriented businesses located in Scottsdale that
do not have a City of Scottsdale transaction privilege (sales) tax liability. This includes all activities
or acts including, but not limited to service, professionals, trades and occupations, personal or
corporate. To engage or continue in business the owner must obtain a Business, Occupational and
Professional License. Service oriented businesses located outside the City limits are NOT required
to obtain a Business, Occupational and Professional License from the City of Scottsdale.
Please visit the following website for the City of Scottsdale Transaction Privilege & Use Tax License
and the Business, Occupational and Professional License applications:
http://www.scottsdaleaz.gov/taxes
Bidder is solely responsible for any and all tax obligations which may result out of the Bidder's
performance of this Contract. The City has no obligation to pay any amounts for taxes, of any type
incurred by the Bidder.
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COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
VINCON ENGINEERING CONSTRUCTION, LLC
THIS COOPERATIVE PURCHASING AGREEMENT(this"Agreement")is entered into
as of January 7,2020, between the Town of Fountain Hills, an Arizona municipal corporation(the
"Town"), and Vincon Engineering Construction, LLC, an Arizona corporation(the"Contractor").
RECITALS
A. After a competitive procurement process,the City of Scottsdale(the"City")entered
into Contract No. 1 8PB006(the"City Contract"),for the Contractor to provide as-needed concrete
services. A copy of the City Contract is on file with the Town and is incorporated herein by
reference as Exhibit A.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the City Contract, at its discretion and with the agreement of the awarded
Contractor,and the City Contract permits its cooperative use by other public entities, including the
Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the City Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide
necessary staff, services and associated resources to provide the City with as-needed concrete
services (the "Materials and Services"), and (iii) setting the maximum aggregate amount to be
expended pursuant to this Agreement related to the Materials and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and shall remain in full force and effect until November 9, 2020(the"Initial Term"), unless
terminated as otherwise provided in this Agreement or the City Contract. After the expiration of
the Initial Term, this Agreement may be renewed for up to three successive one-year terms (each,
a"Renewal Term") if: (i) it is deemed in the best interests of the Town, subject to availability and
appropriation of funds for renewal in each subsequent year, (ii) the term of the City Contract has
not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of
this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional
one-year term and (iv) the Town approves the additional one-year term in writing(including any
1
price adjustments approved as part of the City Contract), as evidenced by the Town Manager's
signature thereon, which approval may be withheld by the Town for any reason. The Contractor's
failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of
the then-current term of this Agreement; provided, however, that the Town may, at its discretion
and with the agreement of the Contractor, elect to waive this requirement and renew this
Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the
"Term." Upon renewal, the terms and conditions of this Agreement shall remain in full force and
effect.
2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement
for Materials and Services under the terms and conditions of the City Contract. The Town does
not guarantee any minimum or maximum number of purchases will be made pursuant to this
Agreement. Purchases will be made only when the Town identifies a need and proper
authorization and documentation have been approved. For purchase(s) determined by the Town to
be appropriate for this Agreement,the Contractor shall provide the specific Materials and Services
to the Town in such quantities and configurations agreed upon between the parties, in a written
invoice, quote, materials order or other form of written agreement describing the materials to be
delivered (each, a "Materials Order"). Each Materials Order shall (i) contain a reference to this
Agreement and the City Contract and (ii) be attached hereto as Exhibit B and incorporated herein
by reference. A Materials Order submitted without referencing this Agreement and the City
Contract will be subject to rejection. Contractor acknowledges and agrees that a Materials Order
containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the
terms of this Agreement, other than Town's project-specific requirements, is hereby expressly
declared void and shall be of no force and effect.
2.1 Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this
Agreement and/or the City Contract will be held at Contractor's risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non-
conforming Materials or Services, the Town may elect to do any or all of the following by written
notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii)
bring Materials or Services into compliance and withhold the cost of same from any payments due
to the Contractor.
2.2 Cancellation. The Town reserves the right to cancel any work order within
a reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse
the Contractor, but only for actual and documentable costs incurred by the Contractor due to and
after issuance of the work order. The Town will not reimburse the Contractor for any costs incurred
after receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to
issuance of a work order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation. The Town shall pay the Contractor an amount not to exceed
$600,000.00 during the Initial Term of the Agreement for the Materials and Services at the rates
set forth in the City Contract. The aggregate not-to-exceed amount, inclusive of all Renewal
Terms, shall not exceed $2,400,000.00.
4. Payments. The Town shall pay the Contractor monthly,based upon acceptance and
2
delivery of Materials and/or Services performed and completed to date, and upon submission and
approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the City
Contract and (ii) document and itemize all work completed to date. The invoice statement shall
include a record of materials delivered,time expended, and work performed in sufficient detail to
justify payment.Additionally,invoices submitted without referencing this Agreement and the City
Contract will be subject to rejection and may be returned.
5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor's and its subcontractors' books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors'
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit evaluation of the Contractor's and its subcontractors' compliance with the Arizona
employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to
audit Records as set forth in this Section,Contractor and its subcontractors hereby waive any rights
to keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended, the Town shall have access to said Records, even if located at its
subcontractors' facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Contractor pursuant to this
Agreement. Contractor and its subcontractors shall provide the Town with adequate and
appropriate workspace so that the Town can conduct audits in compliance with the provisions of
this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor shall require its subcontractors to comply with the provisions of this
Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARIz. REV. STAT. § 41-
4401,the Contractor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIz. REv. STAT. § 23-214(A). Contractor's or its subcontractors' failure to comply with
such warranty shall be deemed a material breach of this Agreement and may result in the
termination of this Agreement by the Town.
7. Israel. Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a"boycott," as that term is defined in ARIz.
REV. STAT. § 35-393, of Israel.
8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ.REV.STAT. § 38-5 1 1.
9. Applicable Law;Venue. This Agreement shall be governed by the laws of the State
of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County,Arizona.
10. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town's then current fiscal year. The Town's obligations
3
under this Agreement are current expenses subject to the "budget law" and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
Agreement shall be deemed terminated at the end of the then-current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement.The parties agree that the Town has no obligation
or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in
this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement
is executed and delivered. The Town shall be the sole judge and authority in determining the
availability of funds for its obligations under this Agreement. The Town shall keep Contractor
informed as to the availability of funds for this Agreement. The obligation of the Town to make
any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.
Contractor hereby waives any and all rights to bring any claim against the Town from or relating
in any way to the Town's termination of this Agreement pursuant to this section.
11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, the City Contract, and invoices, the documents shall govern in the
order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above,
unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this
Agreement or the City Contract (collectively, the "Unauthorized Conditions"), other than the
Town's project-specific requirements, are expressly declared void and shall be of no force and
effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized
Conditions or failure to demand full compliance with the terms and conditions set forth in this
Agreement or under the City Contract shall not alter such terms and conditions or relieve
Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the
performance of this Agreement.
12. Rights and Privileges. To the extent provided under the City Contract, the Town
shall be afforded all of the rights and privileges afforded to the City and shall be the "City" (as
defined in the City Contract) for the purposes of the portions of the City Contract that are
incorporated herein by reference.
13. Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to the City to the extent provided under the City Contract, and such
insurance coverage and indemnifications shall inure and apply with equal effect to the Town under
this Agreement including, but not limited to, the Contractor's obligation to provide the
indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof(the Town and
any such person being herein called an "Indemnified Party"), for, from and against any and all
losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys' fees,court costs and the costs of appellate proceedings)to which any such Indemnified
Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such
Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the
negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work
or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the
performance of this Agreement.
4
14. Notices and Requests. Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail,registered
or certified, return receipt requested, to the address set forth below or (iii) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Pierce Coleman PLLC
4711 E. Falcon Dr., Ste. 111
Mesa, Arizona 85215
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: Vincon Engineering Construction, LLC
1831 North Rochester
Mesa, Arizona 85205
Attn: Jeff Kerr
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona Municipal Corporation
(.._;,'''`.) \A;totte ,
Grady E. M. er, T Manager
ATTEST:
-,',-,,' /, ' iVA-. d.,L.,
Eli abeth : 'urke, Town C1ek
APPROVED AS TO FORM:
aron D. Arnson, Town Attorney
(ACKNOWLEDGEMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On 1AfkI _ i ,2020,before me personally appeared Grady E.Miller,the Town
Manager of th TOWN •t; FOUNTAIN HILLS, an Arizona municipal corporation, whose identity
was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document, on behalf of the Town of Fountain Hills.
114 JAMIE SALENTINE S •�1�� u 2'
.
r Notary Public-State of Arizona
kTeci",..
tM,4Ri?sO COUNTYN tary Public
mm�ssion#550103r .Expires July 11,2022
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
6
"Contractor"
VINCON ENGINEERING CONSTRUCTION, LLC,
an iz liability company
By.
Name: �` /1-4/174
Its: p
(ACKNOWLEDGEMENT)
STATE OF Ai 74114, )
) ss.
COUNTY OF P, &o & )
On tfectrAiw a , 2020, before me personally appeared Tacky Q((er kedrie , the
446rn - of VINCON ENGINEERING CONSTRUCTION, LLC, an Arizona limited
liability company, whose identity was proven to me on the basis of satisfactory evidence to be the
person who he or she claims to be, and acknowledged that he or she signed the above document, on
behalf of the limited liability company.
�.
,,;i+: PAULA L WOODWARD PaLQyLitNIPLa
�..�. -state
ofArl�ne
:.K M RICOPA COUNTY Notary Public
-- -'�,-' Commission#850131
bract Expi August 18,2022
(Affix notary seal here)
4825-0858-5390,v. 1
7
EXHIBIT A
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
STABILIZER SOLUTIONS, INC.
[City Contract]
See following pages.
EXHIBIT B
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
STABILIZER SOLUTIONS, INC.
[Materials Order]
See following pages (to be attached subsequent to execution).
3
P OFFER AND ACCEPTANCE
1
" City of Scottsdale
Purchasing Division
t £ 9191 E.San Salvador Dr.
p Scottsdale,AZ 85258
Phone:480-312-5700—Fax:480-312-5701
SOLICITATION# 18PB006 SOLICITATION TITLE: Concrete Repair Services
OFFER
TO THE CITY OF SCOTTSDALE:
The undersigned hereby offers and agrees, in accordance with the undersigned's written offer submitted in response to this
solicitation, to furnish the material and/or service(s) in compliance with all terms, conditions, specifications, scope of work, and
addendums in the solicitation listed above, including written exceptions that are subject to the approval of the. City prior to
acceptance. The undersigned agrees that the entire solicitation listed above is hereby incorporated by reference as if fully set
forth herein.
The Offeror's signature on this OFFER form certifies that he has read, understands and:will comply with all terms, conditions and
specifications stated in all documents constituting the solicitation. The bidder also certifies it is in compliance with the Non
Collusion and all Federal and Arizona State Immigration Laws.
OFFER MADE-COMPANY INFORMATION FOR CLARIFICATION OF THIS OFFER,CONTACT:
A 060,3 EAas Cc A c tea, LAC.— C0 t
Company Name Printed Name
Address Title
42- Dcaoc" i b - �- `�3 1
siAGLA
State Zip phone
QD a14t1 4 O- t?3-` cI7 `—Co1104(f) OA n1�C..6to-
Si not re for Q eror Da e Fax E Mail
Printed Name and Title of Authorized Signatory Address (if different from Company info)
411-1116R
Federal Employer Tax ID#or SSN as per W9 Statement City, State, Zip (if different from Company info)
ACCEPTANCE OF OFFER, NOTICE OF CONTRACT AWARD
{for City of Scottsdale Use Only)
The contractor's offer is hereby accepted by the City of Scottsdale. The Contractor is now bound to sell the materials and/or
service(s)and perform based upon the above solicitation , including all terms, conditions, specifications,scope of work,and
addendums contained in the Solicitation,as well as any written exceptions that have been separately accepted by the City.
This contract shall henceforth be referred to as Contract#18PB006
The contract consists of the following documents: 1) Solicitation#18PB006 and all addendums(if applicable)as issued by the
City;2)The Contractor's Response to the City's solicitation; 3)This signed offer and acceptance and any other applicable
contractual agreements,4)All written exceptions and/or modifications to the solicitation requirements as agreed to by the City
and the Contractor as per attachment,dated
The Contractor is hereby cautioned not to commence any billable work or provide any material or service under this contract
until the Contractor receives a purchase order document from the City.
The Contractor must provide the following checked items within ten (10)calendar days from the date of this Acceptance of Offer,
Notice of Contract Award in order for the City to issue the required Purchase Order: 0 Payment Bond 0 Performance Bond,
® Insurance Certificate(s), 0 I.R.S. Form W-9/Taxpayer ID No. &Certification, ❑ other documentation as identified.
If the Contractor fails to furnish the required documents within the stated ten (10)calendar days they may be considered in
default and may be at risk of forfeiture of any applicable Bid Bond posted. All required documents are to be sent to the Bid&
Contract Specialist listed in the solicitation. **AWARDED LOTS 1 AND 2**
This document has been approved as to form on the 22'°day of July, 2012 City of Scottsdale, a municipal corporation
by the City Attorney and is on file with the City Clerk. It need not be Offer Accepted and Awarded this 9th day
submitted to the City Attorney for approval unless the form document is of NOVEMBE12017
altered.
Risk Management issues reviewed and approved as to form SEPTEMBER 28,201 7 y� f`^
by City of Scottsdale Risk Management Director ' V( L.L. l/ ,- for
J.E.Flanagan
0
Recommended award approved OCTOBER 31, 2017 Or Designee
MARGIE ASQUEZ
by City of Scottsdale Contract Administrator As City of Scottsdale Purchasing Director
46
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INVITATION
FOR BID
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CONCRETE REPAIR SERVICES
IFB #18PB006
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TABLE OF CONTENTS
CONCRETE REPAIR SERVICES
4L 14
1:1:Z tigatt
m IFB#18PB006
AI&
INSTRUCTIONS TO BIDDERS 1
1. SUBMITTAL RECEIPT AND OPENING 1
2. PRE-BID CONFERENCE 1
3. INFORMATION REQUESTS 1
4. SOLICITATION QUESTIONS 2
5. APPROVED ALTERNATES 2
6. ENVIRONMENTAL PROCUREMENT POLICY 3
7. PURCHASING WEB SITE 4
8. DOWNLOADING SOLICITATIONS 4
9. EMAIL NOTIFICATION 4
10. CITY OF SCOTTSDALE PROCUREMENT CODE 4
11. PROSPECTIVE BIDDER'S CONFERENCE 4
12. BIDDER'S PRESENTATION 5
13. INELIGIBLE BIDDER 5
14. OBLIGATIONS 5
15. NON COLLUSION AFFIDAVIT 5
16. IMMIGRATION LAW COMPLIANCE 5
17. LAWFUL PRESENCE IN THE UNITED STATES FOR PERSONS 6
18. TAXES/LICENSES 6
19. CONTRACTOR'S LICENSING REQUIREMENTS 8
20. LITIGATION 9
21. SUBCONTRACTOR'S LIST 9
22. SUBCONTRACTORS 9
23. CONFIDENTIAL INFORMATION 9
24. SMALL BUSINESS 10
25. TITLE VI NOTICE 10
26. INTERPRETATIONS, ADDENDA 10
27. SUBMITTAL PROCEDURE 11
28. DONATIONS 12
29. AWARD DETERMINATION 12
30. REJECTION OF BIDS 12
31. PROTESTS 13
32. CONTRACT AWARD NOTIFICATION 14
33. AWARD OF CONTRACT 14
34. BID BOND 15
GENERAL TERMS AND CONDITIONS 16
1. ADDITIONAL SERVICE REQUESTED 16
2. ADVERTISING 16
3. ARIZONA LAW 16
4. ASSIGNMENT 16
5. ATTORNEY'S FEES 16
6. AUTHORITY 16
7. CANCELLATION OF CITY CONTRACTS- CONFLICT OF INTEREST 17
8. CAPTIONS/HEADINGS 17
9. CERTIFICATE OF INSURANCE 17
10. CHANGES IN THE WORK 17
11. CHEMICALS 18
12. COMPLIANCE WITH FEDERAL AND ARIZONA STATE IMMIGRATION LAWS 18
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13. COMPLIANCE WITH FEDERAL AND STATE LAWS 19
14. CONTRACT ADMINISTRATOR DUTIES 19
15. CONTRACTOR ON SITE SAFETY REPORTING REQUIREMENTS 19
16. CO-OP USE OF CONTRACT 20
17. COUNTERPARTS 20
18. ENDANGERED HARDWOODS 20
19. ENTIRE AGREEMENT 20
20. EQUAL EMPLOYMENT OPPORTUNITY 20
21. ESTIMATED QUANTITIES 20
22. EXECUTION OF CONTRACT 20
23. FORCE MAJEURE 21
24. FUNDS APPROPRIATION 21
25. INDEMNIFICATION 21
26. INDEPENDENT CONTRACTOR 21
27. INSURANCE REQUIREMENTS 22
Insurance Representations and Requirements 22
Required Coverage 24
28. ISRAEL BOYCOTT PROHIBITION 24
29. LITIGATION 25
30. LOCAL CONDITIONS, RULES AND REGULATIONS 25
31. MODIFICATIONS 25
32. NO PREFERENTIAL TREATMENT OR DISCRIMINATION 25
33. NO WAIVER 25
34. ORDER OF PRECEDENCE 26
35. PATENTS/ INTELLECTUAL PROPERTY 26
36. PAYMENT TERMS 26
37. PRICE REDUCTION 27
38. RECORDS AND AUDIT RIGHTS 27
39. REGISTERED/LICENSES 27
40. REQUEST FOR TAXPAYER I.D. NUMBER & CERTIFICATION IRS W-9 FORM 27
41. RISK OF LOSS 28
42. SCOTTSDALE CITY SEAL AND CITY SYMBOL 28
43. SEVERABILITY 28
44. SUCCESSORS AND ASSIGNS 28
45. TERMINATION 28
46. TESTING OF MATERIALS 29
47. TIME IS OF THE ESSENCE 29
48. WARRANTY 30
SPECIAL TERMS AND CONDITIONS 31
1. ACCEPTANCE/AGREEMENT 31
2. CITY OBSERVED HOLIDAYS 31
3. COMPLETENESS AND ACCURACY 31
4. CONTRACTOR'S EMPLOYEES' IDENTIFICATION AND WORK APPAREL 32
5. CONTRACTOR SUPERVISORS AND CREWS 33
6. FUEL SURCHARGES 33
7. INVOICING 33
8. KEY PERSONNEL 34
9. MULTIPLE AWARDS 34
10. PRICE ESCALATION 34
11. PRICING 35
12. PRODUCT TESTING AND QUALITY CONTROL 35
13. PURCHASING PROCEDURE 35
14. QUANTITY 36
15. REVIEW OF CONTRACTOR'S WORK 36
16. TERM OF AGREEMENT 36
17. THIRD PARTY BENEFICIARY 36
18. UNPREDICTABLE MARKET CHANGE 36
19. VEHICLE REQUIREMENTS AND IDENTIFICATION 37
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20. WARRANTY REQUIREMENTS 37
SPECIFICATIONS 38
1.0 PURPOSE 38
2.0 CONTRACT ADMINISTRATION 38
3.0 MINIMUM CONTRATOR QUALIFICATIONS 38
4.0 CONTRACT AWARD 39
5.0 CONTRACTOR RESPONSIBILITIES 39
6.0 TRAFFIC CONTROL 40
7.0 PUBLIC NOTIFICATION 41
8.0 WORK SCHEDULE 41
9.0 MATERIALS 42
10.0 DUST PREVENTION 43
11.0 PREPARATION AND CLEAN UP 43
12.0 GENERAL SPECIFICATIONS 43
SUBMITTAL CHECKLIST 45
OFFER AND ACCEPTANCE 46
BID FORM 47
REFERENCES 52
SUBCONTRACTOR'S LIST 53
BIDDER GENERAL DISCLOSURE FORM 54
BIDDER LITIGATION DISCLOSURE FORM 55
BIDDER QUESTIONNAIRE-COMPANY INFORMATION 56
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INSTRUCTIONS TO BIDDERS
CONCRETE REPAIR SERVICES
IFB #18PB006
..,per s
The City of Scottsdale invites sealed submittals to establish service contracts for as-needed concrete
repair services in all City of Scottsdale right of ways, for the City's Street Operations Department.
SOLICITATION CRITICAL DATES
BID/PROPOSAL SUBMITTAL DUE: 2:00 P.M., LOCAL TIME, OCTOBER 24, 2017
QUESTIONS DUE: 2:00 P.M., LOCAL TIME, OCTOBER 16, 2017
APPROVED ALTERNATE SUBMITTALS DUE: 2:00 P.M., LOCAL TIME, OCTOBER 16, 2017
1. SUBMITTAL RECEIPT AND OPENING
SEALED SOLICITATION SUBMITTALS WILL BE RECEIVED until 2:00 P.M., LOCAL TIME,
OCTOBER 24, 2017, at the Purchasing Department Front Desk, located on the second floor of the
Scottsdale Corporation Yard Building at 9191 E. San Salvador Dr., Scottsdale, AZ 85258. All
submittals must be date and time stamped at the Purchasing Department front desk on or
before the submittal receipt time and date. LATE SUBMITTALS WILL NOT BE ACCEPTED.
To allow staff to complete required internal administrative functions, submittals will be opened, read
and the name of each bidder recorded, as a matter of public information, within thirty (30) minutes
after the receipt time and date have past.
No submittal will be considered unless it is submitted on the forms contained herein. All
submittals must be presented in a sealed envelope or box. The outside of the submittal must
be clearly marked with the solicitation number, solicitation title and the submitting company's name.
This includes envelopes delivered by Fed Ex, UPS, DHL or other carrier.
2. PRE-BID CONFERENCE
(Not Applicable)
3. INFORMATION REQUESTS
Requests for additional information relating to this bid should be directed to:
Margie Vasquez
Bid & Contract Specialist
480-312-5715
mvasquez(a�scottsdaleaz.gov
lh
9/28/2017 4:17 PM
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INSTRUCTIONS TO BIDDERS
CONCRETE REPAIR SERVICES
IFB#18PB006
4. SOLICITATION QUESTIONS
The Bidder shall submit all questions, requests for clarification and inquiries in regards to this
solicitation to Margie Vasquez, no less than eight (8) days prior to the original solicitation opening
date. It is preferred that all questions be submitted via email to the appropriate Purchasing Staff,
mvasquez(c�scottsdaleaz.gov, where possible. When submitting any questions the Bidder should
indicate the page number, Section Number/Clause, Title and if possible paragraph number that is
being questioned.
It is your responsibility to give notice, in the form of written questions before the bid opening on any
item or issue in this solicitation that you believe should not be included or contained in any
amendment to this solicitation or that the City failed to include in this solicitation that should have
been included, and by your notice, the City could have cured the problem if the item or issue had
been timely raised or objected to.
Failure to give notice may constitute a waiver of your right to object to the inclusion or lack of
inclusion of the item or issue in this solicitation in any subsequent protest filed by you.
All questions, regardless of the method they are communicated (email, regular mail or hand
delivered), must be clearly marked as "Solicitation Questions" and state the solicitation number in
the subject line of the email or on the outside of the envelope. If questions are not submitted via
email, the submittal envelope MUST be clearly marked with solicitation number and words
"SOLICITATION QUESTIONS", or it may be mistaken as an actual bid submittal and not be opened
immediately.
All solicitation questions MUST be received by the Purchasing Division no later than 2:00 P.M.
LOCAL TIME, OCTOBER 16, 2017. Any inquiries received after the specified time will be reviewed
on an individual basis by the Purchasing Staff to determine if a response would be advantageous
for the City.
5. APPROVED ALTERNATES
Specifications and plans, if applicable, may contain references to service requirements, equipment
and/or materials (patented or unpatented) or "approved alternate(s)." Such references shall be
regarded as establishing a standard of quality, finish, appearance, performance or as indicating a
selection or design based upon compatibility with existing equipment, materials or details of
construction (if applicable) inherent to the project design. Such references shall not be construed
as limiting the selection to a specified item, source or design detail. The use of an alternate or
substitute item or source as an approved alternate will be permitted, subject to the following
procedure and pursuant to ARS 34-104 if the subject matter of this solicitation involves
construction.
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INSTRUCTIONS TO BIDDERS
CONCRETE REPAIR SERVICES
° IFB #18PB006
5. APPROVED ALTERNATES— CONT'D
a. The Bidder shall submit a written Request for Alternate to the contact person listed on page one
of this solicitation at least eight (8) days prior to the original deadline for receiving bids.
Requests for alternates submitted to the City's contracted Consultant or other City Staff shall
not be reviewed. The submittal envelope must be clearly marked with solicitation number and
"REQUEST FOR APPROVED ALTERNATE'. Requests must be time stamped by the
Purchasing Division by 2:00 P.M., LOCAL TIME, OCTOBER 16, 2017. The approved
alternate request shall include all information necessary for proof of quality and suitability for
substitution including benefits, engineering design and data (calculations) and/or detailed plan
modifications which may be required by the substitution. The Bidder shall submit additional
information and/or samples when required.
The Contract Administrator or his representative, will evaluate the information submitted,
perform tests when necessary and make comparisons in order to approve or reject the
proposal. If rejected, the Contract Administrator shall give notice of rejection to the Bidder
submitting the request for approved alternate.
b. Purchasing, if the request for approved alternate is accepted, shall issue a written addendum to
the solicitation specifying the approved alternates and publish the modification in the same
manner as the original solicitation documents.
c. The Specifications may reference equipment or materials "or alternate". The reference to "or
alternate" shall be construed to mean "or approved alternate" in every instance. Use of an
alternate or substitute item shall be allowed only if approval was received as outlined in this
section.
d. For purposes of submitting a Request for Approved Alternate, the "Bidder" is defined as the
person or firm entering a submittal to the City in response to this solicitation. Therefore the City
will not entertain any submittal for an approved alternate from any party not meeting the
definition of Bidder.
6. ENVIRONMENTAL PROCUREMENT POLICY
The City has established an Environmental Procurement Policy which encourages the inclusion of
environmentally responsible products and services available to meet the intended purpose. We
encourage the offer of alternatives that broaden the range of environmentally responsible products
or services that will meet the performance requirements of this solicitation. IF YOU WISH TO
SUBMIT AN ALTERNATIVE, follow the procedures specified in the Instructions to Bidders,
Approved Alternate Section of this document, unless the approved alternate clause has been
deemed not applicable.
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INSTRUCTIONS TO BIDDERS
,
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IFB#18PB006
7. PURCHASING WEB SITE
The Purchasing web site provides a wide variety of information; including the capability to download
solicitations and plan sheets (if applicable), how to introduce your products, a list of the Buyer's
commodity lines, etc. The web site can be accessed at http://www.scottsdaleaz.gov/purchasing.
Registering and downloading a solicitation will also provide the supplier with notices of all addenda
that are issued.
8. DOWNLOADING SOLICITATIONS
All solicitation documents, plan sheets/drawings, if applicable, and addenda are available for
download in .pdf format. Bidders may print their own copies of these documents or provide the files
to any reprographics/copy center in their area. Bidders will no longer be able to pick-up these
documents at the Purchasing Department and plan shipments are no longer available. There will
be one set of plan sheets/drawings (if applicable) available for onsite review only at the Purchasing
Office located at 9191 E. San Salvador Dr., Scottsdale, AZ 85258.
You must download the solicitation from the Purchasing web site at
https://eservices.scottsdaleaz.qov/Solicitations/Solicitation in order to be automatically notified of
associated addenda.
9. EMAIL NOTIFICATION
The City of Scottsdale does not maintain a Bidder list; however, on the Purchasing web site, lower
right side, see "Subscribe to Solicitation Opportunities", enter your email address and click
subscribe to receive a notification of Solicitation Opportunities twice weekly at
http://www.scottsdaleaz.qov/purchasing.
10. CITY OF SCOTTSDALE PROCUREMENT CODE
All procurement activities, conducted by the City of Scottsdale, are in conformance with the rules
and regulations of the Scottsdale Procurement Code. A copy of the Code is available for review in
the Office of the City Clerk located at City Hall, 3939 Drinkwater Boulevard and the Purchasing
Office, located at 9191 E. San Salvador Drive, Scottsdale, Arizona. A copy of the Code is also
available from the Purchasing website at http://www.scottsdaleaz.qov/purchasinq.
A hard copy of the Code is available for purchase, for a fee of$10.00, at the Purchasing Office.
11. PROSPECTIVE BIDDER'S CONFERENCE
A prospective Bidder's conference may be held. If scheduled, the date and time of this conference
is indicated on the cover page of this document. The purpose of this conference is to clarify the
contents of this solicitation in order to prevent any misunderstanding of the City's position. This
conference will also give Bidders an additional opportunity to submit any questions and discuss any
questions previously submitted.
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INSTRUCTIONS TO BIDDERS
F
CONCRETE REPAIR SERVICES
IFB#18PB006
1,
12. BIDDER'S PRESENTATION
Bidders may be invited to make a presentation. If invited, Bidders will be notified of the date and
time of the presentation by the City of Scottsdale Purchasing Department.
13. INELIGIBLE BIDDER
The preparer of the bid specifications is not eligible to submit a bid or proposal on the solicitation for
which they prepared the specification, nor is the preparer eligible to supply any product to a Bidder
or Offeror on the solicitation for which they prepared the specification.
14. OBLIGATIONS
The issuance of this solicitation shall not obligate the City to pay any costs incurred in the
preparation and submission of proposals.
15. NON COLLUSION AFFIDAVIT
By signing the Offer Form/Signature Page of the solicitation, or other official contract form, the
Bidder certifies that:
In connection with the performance of this solicitation or any resulting Contract, the Bidder is stating
and certifying that the Contractor/Company has not either directly, or indirectly, entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free
competitive proposing in connection with the preparation or submission of its submittal in response
to this solicitation or any potential resulting Contract.
If any company is jointly owned or associated through common officers/employees with another
company(s) that is/are responding to the same solicitation, both/all of those companies must take
all precautions to insure that the preparation of their Bid or Proposal submittal is done completely
independent of the other company(s) or individual(s). Specifically, any individual working on
preparation, approving or signing one submittal can have no knowledge of or interaction with any
other bid or proposal submission from a different company for that same solicitation.
If the subject matter of this solicitation is construction, the Bidder shall submit a completed and
Notarized Non Collusion Affidavit, stating and certifying that said Bidder/Company has not either
directly, or indirectly, entered into any agreement, participated in any collusion, or otherwise taken
any action in restraint of free competitive proposing in connection with the preparation or
submission of its submittal in response to this solicitation or any potential resulting Contract. The
Bidder shall return the completed and notarized Non Collusion Affidavit with its submittal.
16. IMMIGRATION LAW COMPLIANCE
By signing the Offer Form/Signature Page of this solicitation, the Bidder certifies and warrants that
for all solicitations for services (including construction services), it has complied with and will
maintain compliance with the E-Verify Program as required by ARS §23-214(A) up to the time of the
contract award. Failure to comply with the E-Verify Program may result in the automatic
disqualification of the submittal as being non-responsive or the termination of any Contract awarded
and the possible forfeiture of any applicable bond.
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16. IMMIGRATION LAW COMPLIANCE— CONT'D
The City will include specific "Compliance with Federal and Arizona State Immigration Laws"
language in any Contract or Subcontract it enters into with the successful Bidder. In addition, this
language must be included in any Subcontracts that the successful bidder enters into with its
Subcontractors.
17. LAWFUL PRESENCE IN THE UNITED STATES FOR PERSONS
Arizona State law A.R.S. §1-502 (H.B. 2008) requires that all PERSONS who will be awarded a
Contract and apply for public benefit, must demonstrate through a signed affidavit and the
presentation of a copy of documentation, that they are lawfully present in the United States.
A PERSON is defined as all NATURAL PERSONS/INDIVIDUALS/SOLE PROPRIETORSHIPS as
indicated by your W-9 Filing. (This law does not apply to LLP's, LLC's, PLLC's, Corporations,
Limited Partnerships or General Partnerships)
By submitting your quote, bid or proposal to the City, you are agreeing that if you are selected as
the awardee and meet the criteria as a PERSON, you will abide by this law and sign and submit an
AFFIDAVIT DEMONSTRATING LAWFUL PRESENCE IN THE UNITED STATES and attach the
appropriate copy of your documentation in proof of that statement. Types of acceptable
documentation copies are an Arizona Driver's License issued after 1996, Arizona nonoperating
identification license, U.S. Birth Certificate, U.S. Passport, 1-94 Form with photograph and several
others that are all listed on the Affidavit Form that the City will send to you for your completion prior
to issuing any Contract.
If you have previously done business with the City and already have filed the above Affidavit with
copies of an acceptable document, please indicate the date of submission. An acceptable Affidavit
already on file with the City will be sufficient to meet this requirement.
If you fail to provide a completed Affidavit and accompanying acceptable copy of your
documentation, or not advise the City of your prior filing within 10 calendar days of being requested,
then you may be considered non responsive and disqualified from award consideration. You can
obtain the complete Affidavit form from the Purchasing Department at (480) 312-5700 or the
Purchasing web site at http://www.scottsdaleaz.gov/Purchasing on the lower right side of the page
under Forms.
18. TAXES/LICENSES
Federal Excise Taxes:
The City of Scottsdale is exempt from certain federal excise taxes. The most common areas where
the City is exempt are:
1. Fuel that is used by the City
2. Communication
3. Heavy trucks, trailers and tractors
4. Certain Superfund activity
If there is a specific circumstance that is in doubt, you should contact the City to resolve the status
of that Federal Excise tax and its applicability.
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INSTRUCTIONS TO BIDDERS
CONCRETE REPAIR SERVICES
IFB#18PB006
f Ex
18. TAXES/LICENSES— CONT'D
Transaction Privilege (Sales) Taxes on the City:
The City of Scottsdale is not exempt from being charged the appropriate Arizona State, County, and
City privilege (sales) taxes on the goods and services that it procures. For suppliers within the
State of Arizona, the City expects to be charged the appropriate privilege taxes on the invoice. For
out of state suppliers that do not have the ability to collect Arizona privilege taxes, the City will self-
accrue such Arizona State and City use taxes for collection and payment to the State of Arizona
and City of Scottsdale.
Transaction Privilege (Sales) Taxes on the Supplier / Contractor: Certain business services
and activities may incur a City of Scottsdale Transaction Privilege (sales) tax liability. To determine
the City of Scottsdale tax treatment, please visit the following website and view the City of
Scottsdale Tax Code and other Privilege and Use tax resources.
Questions pertaining to the applicability of taxes shall be directed to the City of Scottsdale Tax &
License Section at 480-312-2400. The Contractor shall be responsible for payment of all applicable
taxes due on Contract income whether or not such taxes are specifically separated in the bid
amount.
http://www.scottsdaleaz.qov/taxes/
Certain Business Services and Activities may have a State Transaction Privilege (sales) tax liability.
To determine the State tax treatment, please visit the following website or contact the Arizona
Department of Revenue at 602-716-6578 or 602-716-6657.
http://azleq.state.az.us/ArizonaRevisedStatutes.asp?Title=42
To obtain a State of Arizona Privilege (Sales) Tax License Application, please go to the following
website:
http://www.azdor.gov/Business.aspx
The City of Scottsdale requires a license for service-oriented businesses located in Scottsdale that
do not have a City of Scottsdale transaction privilege (sales) tax liability. This includes all activities
or acts including, but not limited to service, professionals, trades and occupations, personal or
corporate. To engage or continue in business the owner must obtain a Business, Occupational and
Professional License. Service oriented businesses located outside the City limits are NOT required
to obtain a Business, Occupational and Professional License from the City of Scottsdale.
Please visit the following website for the City of Scottsdale Transaction Privilege & Use Tax License
and the Business, Occupational and Professional License applications:
http://www.scottsdaleaz.gov/taxes
Bidder is solely responsible for any and all tax obligations which may result out of the Bidder's
performance of this Contract. The City has no obligation to pay any amounts for taxes, of any type
incurred by the Bidder.
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18. TAXES/LICENSES— CONT'D
Construction Related Transaction Privilege (Sales) Taxes Responsibility of the Contractor:
The Contractor shall be responsible for payment of all applicable State of Arizona and City of
Scottsdale transaction privilege (sales) taxes due on construction income whether or not such taxes
are specifically separated in the bid amount. The taxes are to be reported on either a progressive
billing (accrual) basis or cash receipts basis, depending on the method chosen at the time
application was made for the Privilege (sales) Tax License.
City Privilege (sales) tax exemptions/deductions may be applicable to certain projects. We advise
you to consider this as you prepare your bid. Please review, in detail, Sections 415, 465, and 110
of the Scottsdale Revised City Code, Appendix C to determine if exemptions/deductions are
applicable. For tax guidance, please reference the City Code and other tax resources at the
following website:
http://www.scottsdaleaz.gov/taxes/
The State of Arizona has similar exemptions; please reference ARS Title 42 at the following
website:
http://www.azleq.state.az.us/Arizona RevisedStatutes.asp?Title=42
To determine tax treatment of design/build Contracts, please contact the Arizona Department of
Revenue at 602-255-2060 and the City of Scottsdale Tax Audit Section at 480-312-2629.
Construction bids will be evaluated and recommended for award based on the total bid cost
including tax.
19. CONTRACTOR'S LICENSING REQUIREMENTS
If applicable, the Contractor shall identify its Arizona State Contractor's License Number and
Classification on the Bid Form and Bid Form Signature Page, as evidence that it is licensed to
contract the work indicated in the specifications at the time of bid submittal.
In accordance with Article 3, Regulation 32-1151 of the Arizona Registrar of Contractors Statutes
and Rules, it is unlawful for any person, firm, partnership, corporation, association or other
organization, or a combination of any of them, to engage in the business of, submit a bid or respond
to a Request for Qualification/Quotation or a Request for Proposals for construction services as, act
or offer to act in the capacity of or purport to have the capacity of a Contractor without having a
Contractor's license in good standing in the name of the person, firm, partnership, corporation,
association or other organization at the time of bid submittal, if such licensing is a requirement of
the Arizona Registrar of Contractors.
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20. LITIGATION
The Bidder shall disclose along with any Submittal any issue or potential issue that may have a
material bearing on the financial condition, solvency or credit worthiness of the organization.
Disclosure includes any material contingent liabilities or uninsured potential losses, involuntary
contract terminations in other jurisdictions and any voluntary or involuntary bankruptcy filings over
the past 7 years. The Bidder shall also disclose any litigation in which the Bidder has been involved
in, either as a plaintiff or defendant, within the past 3 years, and the Bidder shall agree to notify the
City within 7 days of any litigation or significant potential for litigation of which the Bidder becomes
aware. Further, the Bidder shall warrant that it will disclose in writing to the City all litigation
involving the Bidder, the Bidder's related organization(s), owners and key personnel.
21. SUBCONTRACTOR'S LIST
If, at the time of bidding, any Bidder intends to Subcontract any portion of this Contract, the Bidder
must complete the information required on the Subcontractor's List preceding the Bid Form and
include this list with bid submittal documents.
22. SUBCONTRACTORS
During the performance of the Contract, the Contractor may engage any additional Subcontractors
as may be required for the timely completion of this Contract, unless specifically prohibited by the
specification. The addition of any Subcontractors must first receive the approval of the City. The
awarded Contractor may relieve Subcontractors of City Tax liability by providing them with a
completed Subcontractor Written Declaration form.
In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of this
Contract rests with the Contractor. The Contractor assumes responsibility for the proper
performance of the work of Subcontractors and any acts or omissions in connection with such
performance. Nothing in the Contract documents is intended or deemed to create any legal or
contractual relationship between the City and any Subcontractor or Sub-Subcontractor, including
but not limited to any third-party beneficiary rights.
23. CONFIDENTIAL INFORMATION
Requests for nondisclosure of confidential information such as trade secrets and other proprietary
- data must be made known to the City within the bid submittal.
Bidders are instructed to clearly identify any proprietary information that may be submitted, and, if
feasible, package such information in a separate, sealed envelope labeled "Confidential" or
"Proprietary".
The City is subject to Arizona statutes and City Charter provisions that may permit the inspection of
public records. The City cannot ensure confidentiality of any portion of a submittal document in the
event a public inspection request is made.
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23. CONFIDENTIAL INFORMATION— CONT'D
However, in accordance with Section R2-188.23 pertaining to Request for Proposals and Section
R2-188.6 pertaining to Invitation for Bids, of the City's Procurement Code, the City shall examine
the portions of your proposal noted as "Confidential" and/or "Proprietary". If a determination to
disclose the information is made, you shall be so informed.
This is the only notification concerning confidential information that will be given to potential bidders,
and this provision should be taken into consideration prior to submitting a bid.
After Contract award, and unless otherwise instructed by the Bidder, the City will destroy all
information identified as confidential or proprietary in accordance with public records retention
requirements.
24. SMALL BUSINESS
Small, minority owned businesses (MBE/WBE/DBE) are encouraged to respond to City of
Scottsdale solicitations.
25. TITLE VI NOTICE
"The City of Scottsdale, in accordance with the provisions of Title VI of the Civil Rights Act of 1964
(78 Stat. 252.42 U.S.C. §§ 2000d-4) and the Regulations, hereby notifies all bidders that it will
affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged
business enterprises will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, or national origin in
consideration for an award."
26. INTERPRETATIONS, ADDENDA
THE CITY OF SCOTTSDALE WILL NOT BE RESPONSIBLE FOR BIDDERS ADJUSTING THEIR
SUBMITTAL BASED ON ORAL INSTRUCTIONS BY ANY MEMBER OF THE CITY STAFF OR BY
THE CITY'S CONTRACTED CONSULTANT OR AGENT. SUBMITTALS DEVIATING FROM THE
SPECIFICATIONS CONTAINED HEREIN BY ANY MEANS OTHER THAN AN AUTHORIZED
ADDENDUM ISSUED BY THE PURCHASING DIVISION ARE SUBJECT TO REJECTION.
Should a Bidder find an ambiguity, inconsistency or error in the applicable Plans or Specifications,
or should it be in doubt as to their meaning, it shall at once notify the contact person listed on page
one of this solicitation, who will prepare a written addendum if warranted. The City shall not be
responsible for oral instructions or information.
All questions shall be submitted as per the Solicitation's Questions Clause.
Any addenda issued by the City shall become a part of the Contract. By signing and submitting a
bid or proposal, the Bidder/Proposer is acknowledging that it will abide by all addenda issued prior
to the opening of the bids/proposals and agreeing that all pricing takes into account all such
addenda.
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26. INTERPRETATIONS, ADDENDA— CONT'D
A Notice of Addenda will be emailed to those who have registered as a downloader and provided
their email address; or provided by other appropriate means to each bidder, person or firm recorded
on the Plan Holder's list. The bidder/proposer can return to the City's website under Solicitation
Opportunities to verify how many addenda have been issued for a specific solicitation. If the
bidder/proposer feels it is missing any addenda, it can register again as a downloader to obtain
access to all issued addenda. A viewing copy of the addenda will also be available wherever the
solicitation documents are kept. The Bidder/Proposer is responsible to be aware of ALL addenda
before submitting its final bid/proposal. The City takes no responsibility for any addenda that a
bidder/proposer has failed to address in its submittal, and will hold the Bidder/Proposer responsible
that its pricing encompasses all issued addenda.
27. SUBMITTAL PROCEDURE
No submittal will be considered unless it is submitted on the Bid Forms contained herein (or as
otherwise requested). Faxed or emailed submittals will not be considered. Erasures, interlineations
or other modifications in the submittal shall be initialed by the authorized person signing the Offer &
Acceptance/Proposal Signature Page document.
The Bid Form/Pricing Proposal page (if applicable) containing the pricing must be completed. The
name of the Contractor/Company must be listed on the page.
To be considered responsive, the Offer and Acceptance Form/Proposal Signature page must be
signed and dated by an authorized person(s) eligible to sign Contract documents for the Contractor
and is part of the original bid/proposal submittal due at the stated date and time indicated in the
solicitation. Consortiums, joint ventures, or teams entering submittals will not be considered
responsive unless it is established that all contractual responsibility rests solely with one Bidder or
one legal entity. The submittal must indicate the responsible entity.
Submitters should be aware that joint responsibility and liability will attach to any resulting Contract
and failure of one party in a joint venture to perform will not relieve the other party or parties of total
responsibility for performance.
If submitted by mail, Bidder shall be responsible to ensure that the submittal is received at the Front
Desk of the Purchasing Office with enough time to have it time and date stamped on or before the
solicitation receipt date and time. Faxed or emailed submittals will not be accepted. LATE
SUBMITTALS WILL NOT BE CONSIDERED.
Submittals received after the time and date specified will be returned to the bidder unopened. A
submittal may be withdrawn prior to the time set for opening submittals.
No submittal may be withdrawn for a period of one hundred and twenty (120) days after the date set
for receipt of submittals.
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27. SUBMITTAL PROCEDURE— CONT'D
At any time prior to the specified solicitation due time and date, a Bidder may withdraw the bid.
Faxed withdrawals will not be considered.
Bids submitted to the City with the signed Offer on the Offer and Acceptance Form/Proposal
Signature document constitutes a legally binding offer by the Contractor.
All submittals are to be completed on City of Scottsdale (COS) forms without any alterations; failure
to do so may result in your submittal being rejected.
28. DONATIONS
If you intend to submit a bid or proposal, to avoid the appearance of impropriety, you shall not make
any donation of goods or services to the City during the bid or proposal process.
29.AWARD DETERMINATION
Bids will be evaluated and recommended for award based on the total bid cost excluding all
applicable taxes.
The total bid cost amount shall include all costs attendant to the bid such as any preparation
charges and transportation and delivery charges fully prepaid by the Contractor to the destination
specified in the bid.
The Contract will be awarded to the lowest responsible and responsive Bidder whose bid conforms
in all material respects to the requirements and criteria set forth in the Invitation for Bids. The City
reserves the right to award by individual line item, by group of line items, or as a total, whichever is
deemed most advantageous to the City.
In the event of an "Add Alternate" bid, in order to keep the project within the budget, the City will use
the "alternate add" bidding process. Under this procedure, the City will award the Contract to the
lowest responsive bidder considering the sum of the "base bid" and those "alternate bid items"
which are within the budget. The City will select the alternates in the order specified in the bid tabs.
The City reserves the right not to select any item in the "alternate bid".
30. REJECTION OF BIDS
The Purchasing Director or City Council reserves the right, as the interest of the City requires, to
reject any or all submittals, to waive any informality in submittals received, to award a Contract by
accepting or rejecting any alternate submittal(s) (additive or subtractive) and reserves the right to
reject the submittal(s) of any Bidder who has previously failed to perform competently in any
Contract with the City.
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31. PROTESTS
Pursuant to the City of Scottsdale Procurement Code Section 2-213, an aggrieved person may
protest any aspect of a solicitation prior to award of a Contract. As used herein, the phrase "any
aspect of a solicitation" shall be limited in its interpretation to mean an alleged violation of the City's
Procurement Code as it relates to the bid solicitation, its evaluation, or its award.
A protest must be filed within ten (10) calendar days after the protestor, exercising reasonable
diligence, knew or should have known of facts and circumstances upon which the protest is based.
Failure to protest any issue, fact or circumstance that the protestor knew or should have known
upon the exercise of reasonable diligence within said ten (10) calendar day period shall forever
preclude a hearing based upon that issue, fact or circumstance.
Notice of Awards will be given either through the City Council Meeting Agendas for those Contracts
being awarded by City Council ( i.e., for construction and professional services) or through a Notice
of Intent to Award posting, seven (7) calendar days prior to award, on the Purchasing section of the
City's Internet Web Site for all administratively awarded Contracts. Award of Contracts shall be
final and no protest pursuant to this section may be filed after award.
A protest must be in writing and shall:
➢ State the name and address of the aggrieved person.
Identify the contracting activity and the number of the solicitation.
Contain a statement of all the grounds for the protest that the protestor then knows or should know
based upon the exercise of reasonable diligence. Include supporting exhibits, evidence or
documents to substantiate any claims unless not available within the filing time in which case the
expected availability date shall be indicated.
Material submitted by a protester shall not be withheld from an interested party except to the extent
that the withholding of information is permitted or required by law or as determined pursuant to code
provisions for confidential material.
If the protester believes the protest contains material that should be withheld, a statement advising
the Director of this fact shall accompany the protest submission.
The written protest must be filed with the Purchasing Director at the following address:
City of Scottsdale
Purchasing Services Department
9191 E San Salvador Dr.
Scottsdale, AZ 85258
Attn: James Flanagan, Purchasing Director
The Director may dismiss a protest, upon a written determination, before scheduling a hearing if:
The protest does not state a valid basis for protest; or
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31. PROTESTS— CONT'D
The protest is untimely pursuant to Procurement Code Section 2-213.
If the Director determines that a hearing is appropriate under the circumstances, the Director shall
notify the protestor of the time and place set for a hearing on the protest. The Director may also
give notice of the hearing to any other persons involved in the solicitation whose interests may be
affected by the ruling requested from the Director. Any person whose interest is affected shall be
permitted to intervene and participate in such hearing.
Nothing contained herein shall require that the protest hearing be held prior to the award, if
evidence from the solicitation, its evaluation or its award cannot be released to the public until after
the award in order to protect the competitive process or in the best interests of the City.
32. CONTRACT AWARD NOTIFICATION
Intent to Award notices for Contracts conducted as formal solicitations will be posted on
Purchasing's website on the Intent to Award listing. Informal solicitations will be posted to the
Award listing upon award. Intent to Award and award information can be found at the link provided
below:
https://eservices.scottsdaleaz.gov/eServices/Solicitations/Awards.aspx?CID=0
The City Council must approve the award of Contracts for construction and professional services
exceeding the formal procurement limit. Any Contract award going to City Council for approval is
i not binding on the City until after approval by the City Council, even if previously signed by the
Contractor and a City representative. All other Contracts exceeding the formal procurement limit
may be administratively awarded by the Purchasing Director.
It is the submitter's responsibility to access this information from the City of Scottsdale
Purchasing website link provided above. This is the only notification you will receive regarding
the posting of Notices of Intent to Award and Award.
33.AWARD OF CONTRACT
By signing the Offer portion of the Offer/Acceptance Form as a part of the Response to the
solicitation, the Contractor is making a non-contingent offer to Contract with the City strictly based
upon the terms, conditions, and specifications contained in the City's solicitation. The City is under
no obligation to accept any identified exceptions. These bid or proposal offers do not become
Contracts until after the Purchasing Director has signed the acceptance portion of the
Offer/Acceptance Form. The Contract is then considered awarded to the successful Contractor,
eliminating the signing of a separate Contract.
For that reason, all of the terms, conditions and specifications of the procurement Contract are
contained in the solicitation, unless any of the terms, conditions or specifications are modified by an
addendum to the solicitation, a Contract amendment, or by mutually agreed written terms and
conditions in the Contract documents.
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33.AWARD OF CONTRACT— CONT'D
The effective date of this Contract shall be the date the Purchasing Director signs the Offer and
Acceptance Form, unless another date is specifically stated as the effective date.
The Contractor is cautioned not to begin any billable work or provide any materials or services
under this Contract until the Contractor receives a Purchase Order document or separate Notice to
Proceed.
Once the City has awarded the Contract by signing the acceptance portion of the Offer/Acceptance
Form, Notice of Contract Award and presenting it to the Contractor, the Contractor is required to
provide all additional Bonds and/or Insurance Certificates, and other documentation required to
issue the Purchase Order or Notice to Proceed; within ten (10) calendar days after the date of this
Acceptance of Offer or Notice of Contract Award. If the Contractor fails to furnish the required
documents within the stated ten (10) calendar days, they may be considered in default and may risk
forfeiture of any applicable required Bid Bond. All required documents shall be sent to the
Purchasing Representative listed in the solicitation.
34. BID BOND
(Not Applicable)
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1. ADDITIONAL SERVICE REQUESTED
Any service requested which is not specifically authorized by the Contract or written adjustments
thereto, requires the issuance of a separate purchase order by the City for authorization to perform,
and separate billing by the Contractor for payment.
2. ADVERTISING
No advertising or publicity concerning the City using the Contractor's services shall be undertaken
without prior written approval of such advertising or publicity by the City of Scottsdale Contract
Administrator and by the City Attorney.
3. ARIZONA LAW
The Contract and all Contract documents are considered to be made under, and will be construed
in accordance with and governed by the laws of the State of Arizona without regard to the conflicts
or choice of law provisions. Any action to enforce any provision of this Contract or to obtain any
remedy under this Contract shall be brought in the Superior Court, Maricopa County, Arizona, and
for this purpose, each party expressly and irrevocably consents to the jurisdiction and venue of this
Court.
4. ASSIGNMENT
Services covered by this Contract may not be assigned or sublet in whole or in part without first
obtaining the written consent of the Purchasing Director and Contract Administrator.
5. ATTORNEY'S FEES
In the event either party brings any action for any relief, declaratory or otherwise, arising out of this
Contract, or on account of any breach or default hereof, the prevailing party shall be entitled to
receive from the other party an award of reasonable attorneys' fees and reasonable costs and
expenses, which shall be deemed to have accrued on the commencement of such action.
6. AUTHORITY
Each party hereby warrants and represents that it has full power and authority to enter into and
perform this Contract, and that the person signing on behalf of each has been properly authorized
and empowered to enter this Contract. Each party further acknowledges that it has read this
Contract, understands it, and agrees to be bound by it.
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7. CANCELLATION OF CITY CONTRACTS— CONFLICT OF INTEREST
The City may cancel any Contract or Agreement, without penalty or obligation, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of
the City's departments or agencies is, at any time while the contract or any extension of the
Contract is in effect, an employee of any other party of the Contract in any capacity or a consultant
to any other party of the Contract with respect to the subject matter of the Contract. The
cancellation shall be effective when written notice from the City is received by all other parties to the
Contract, unless the notice specifies a later time (A.R.S. 38-511).
8. CAPTIONS/HEADINGS
The headings used in the Contract documents are for ease of reference only and will not in any way
be construed to limit or alter the meaning of any provision.
The captions used in this Contract are solely for the convenience of the parties, do not constitute a
part of this Contract, and are not to be used to construe or interpret this Contract.
9. CERTIFICATE OF INSURANCE
The successful vendor(s) will be required to furnish the City of Scottsdale a Certificate of Insurance
on a standard insurance industry ACORDTM form or its equivalent when separate insurance
requirements are listed under clause #28-Insurance Requirements. The ACORDTM form must be
issued by an insurance company authorized to transact business in the State of Arizona. A sample
of a standard insurance industry ACORDTM form with the required additional insured language can
be found on the Purchasing web site under forms at: http://www.scottsdaleaz.gov/Purchasing.
Failure to provide a Certificate of Insurance with the appropriate verbiage will result in rejection of
your certificate and/or may be cause for Contract default. Additionally, Certificates of Insurance
submitted without referencing the solicitation number may be subject to rejection and discarded.
10. CHANGES IN THE WORK
The City may at any time order changes within the scope of the work without invalidating the
Contract. If such changes increase or decrease the amount due under the Contract documents, or
in the time required for performance of the work, an equitable adjustment shall be authorized by
written Change Order.
The City shall execute a formal Change Order based on detailed written quotations from the
Contractor for work related changes and/or a time of completion variance. All Change Orders are
subject to approval by the City.
Contract Change Orders are subject to the Rules and Procedures within the City's Procurement
Code. Change Orders to Contracts may be executed, according to established rules, when
provided for in the original Contract.
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10. CHANGES IN THE WORK— CONT'D
The Contractor will not perform any additional services without a written Change Order approved by
the City. If the Contractor performs additional services without a Change Order, the Contractor will
not receive any additional compensation.
11. CHEMICALS
Contractors shall provide Material Safety Data Sheets ( MSDS ) for all substances that are
delivered to the City of Scottsdale, that come under the Federal requirements of 29CFR 1910
Subpart Z - Toxic and Hazardous Substances, which includes 29CFR 1910.1200 - Hazard
Communication
All Contractors using chemicals on City of Scottsdale property shall use only the safest chemicals,
with the least harmful ingredients. These chemicals shall be approved for use by a City of
Scottsdale representative prior to bringing them on City property.
Contractors shall make every attempt to apply approved chemicals with highly volatile organic
compounds, outside of working hours. Adequate ventilation shall be used at all times during the
application of these approved chemicals.
In conjunction with the Occupational Safety and Health Standards, Subpart-Z Toxic and Hazardous
Substances, and Section 1910.1200 Hazard Communication, Contractors are hereby informed of
the presence (or possible presence) of chemicals in the area where the work requested will be
performed. All selected Contractors shall contact the City of Scottsdale for specific information
relative to the type of chemicals present and location of appropriate material safety data sheets.
12. COMPLIANCE WITH FEDERAL AND ARIZONA STATE IMMIGRATION LAWS
Under the provisions of A.R.S. §41-4401, the Bidder warrants to the City that the Bidder and all its
Subcontractors will comply with all Federal Immigration Laws and Regulations that relate to their
employees and that the Bidder and all its Subcontractors now comply with the E-Verify Program
under A.R.S. §23-214(A).
A breach of this warranty by the Bidder or any of its Subcontractors will be considered a material
breach of this Contract and may subject the Bidder or Subcontractor to penalties up to and
including termination of this Contract or any subcontract.
The City retains the legal right to inspect the papers of any employee of the Bidder or any
Subcontractor who works on this Contract to ensure that the Bidder or any Subcontractor is
complying with the warranty given above.
The City may conduct random verification of the employment records of the Bidder and any of its
Subcontractors to ensure compliance with this warranty. The Bidder agrees to indemnify, defend
and hold the City harmless for, from and against all losses and liabilities arising from any and all
violations of these statutes.
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12. COMPLIANCE WITH FEDERAL AND ARIZONA STATE IMMIGRATION LAWS— CONT'D
The City will not consider the Bidder or any of its Subcontractors in material breach of this Contract
if the Bidder and its Subcontractors establish that they have complied with the employment
verification provisions prescribed by 8 USCA §1324(a) and (b) of the Federal Immigration and
Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214(A). The "E-Verify
Program" means the employment verification pilot program as jointly administered by the United
States Department of Homeland Security and the Social Security Administration or any of its
successor programs.
The provisions of this Article must be included in any Contract the Bidder enters into with any and
all of its Subcontractors who provide services under this Contract or any Subcontract. "Services"
are defined as furnishing labor, time or effort in the State of Arizona by a Contractor or
Subcontractor. Services include construction or maintenance of any structure, building or
transportation facility or improvement to real property. The Contractor will take appropriate steps to
assure that all subcontractors comply with the requirements of the E-Verify Program. The
Contractor's failure to assure compliance by all its' Subcontractors with the E-Verify Program may
be considered a material breach of this Contract by the City.
13. COMPLIANCE WITH FEDERAL AND STATE LAWS
The City has entered into this Contract with the Bidder relying on his knowledge and expertise to
provide the services contracted for. As a part of that reliance, the Bidder represents that it knows
and understands the relevant and applicable federal and state laws that apply to the services
provided through this Contract, and agrees to comply with these relevant and applicable federal and
state laws.
The Bidder understands and acknowledges the applicability to it of the American with Disabilities
Act, the Immigration Reform and Control Act of 1986, the Drug Free Workplace Act of 1989, and for
construction Contracts: A.R.S. § 34-301, "Employment of Aliens on Public Works Prohibited", and
A.R.S. § 34-302, as amended, "Residence Requirements for Employees".
14. CONTRACT ADMINISTRATOR DUTIES
The Contract Administrator shall be responsible to audit the billings, approve payments, establish
delivery schedules, approve addenda, and assure Certificates of Insurance are in City's possession
and are current and conform to the Contract requirements.
15. CONTRACTOR ON SITE SAFETY REPORTING REQUIREMENTS
For any non-construction City supplier whose service Contract(s) (either singular or in aggregate)
results in the Contractor working 500 or more hours on site at a City of Scottsdale location(s) in any
one calendar quarter, the following documentation must be provided by the Contractor to the
Contract Administrator(CA):
• the Contractor's most recent OSHA 300A (if applicable);
• all accident reports for injuries that occurred in the City under the Contract during the
most recent review period;
• the Contractor's current worker's compensation experience modifier;
• the above information is to be provided to the CA initially and every February thereafter
as long as the Contract is in force;
• the CA will provide this information to Risk Management when requested.
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16. CO-OP USE OF CONTRACT
In addition to the City of Scottsdale, this Agreement may be extended for use by other
municipalities, government agencies and governing bodies, including the Arizona Board of Regents,
and political subdivisions of the State. Any such usage by other entities must be in accord with the
ordinances, charter and/or rules and regulations of the respective entity and the approval of the
Contractor.
17. COUNTERPARTS
This Contract may be executed in one or more counterparts, and each originally executed duplicate
counterpart of this Contract shall be deemed to possess the full force and effect of the original.
18. ENDANGERED HARDWOODS
The project shall not utilize any endangered wood species prohibited by A.R.S. § 34-201(J).
19. ENTIRE AGREEMENT
This Contract constitutes the entire understanding of the parties and supersedes all previous
representations, written or oral, with respect to the services specified herein.
20. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Contract, the Bidder will follow the Federal government's guidelines
to ensure that employees or applicants applying for employment will not be discriminated against
because of race, color, religion, sex or national origin. The City of Scottsdale Diversity Office can
be reached at 480-312-2727.
21. ESTIMATED QUANTITIES
All quantities referenced in this solicitation document are subject to adjustment dictated by City
requirements. Quantities at variance with stated bid quantities may be purchased as required.
22. EXECUTION OF CONTRACT
The Contractor shall provide all the required documentation, including, but not limited to, applicable
bonds, insurance certificates, IRS W-9 Form and other documentation required to issue the
Purchase Order or Notice to Proceed within ten (10) calendar days after the date of the Acceptance
of Offer or Notice of Contract Award by the City. If a separate City Contract is required, the
Contractor must execute it within ten (10) calendar days and return it to the City. Failure to
complete these requirements within ten (10) calendar days may place the Contractor in default.
Upon request, the Contractor shall provide the required I.R.S. W-9 Form which is available from the
IRS website at www.IRS.gov under their forms section.
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23. FORCE MAJEURE
The City shall not be held responsible for acceptance of all or any part of the materials tendered for
delivery under this Agreement due to federal, state or municipal action, statute, ordinance or
regulation, strike or other labor trouble, fire, windstorm or other incidents outside of the City's
control which shall make such acceptance impossible or impractical.
Neither party shall be responsible for delays or failures in performance resulting from acts beyond
their control. Such acts shall include, but not be limited to, acts of God, riots, acts of war,
epidemics, governmental regulations imposed after the fact, fire, communication line failures, or
power failures.
24. FUNDS APPROPRIATION
If the City Council does not appropriate funds to continue this Contract and pay for required
charges, the City may terminate this Contract at the end of the current fiscal period. The City
agrees to give written notice to the Contractor at least 30 days before the end of its current fiscal
period and will pay the Contractor for all approved charges incurred through the end of this period.
25. INDEMNIFICATION
To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, must
defend, indemnify and hold harmless City of Scottsdale, 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, 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 act or omission, negligence, recklessness, or intentional
wrongful conduct by Contractor in the performance of this Contract, 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.
Insurance provisions in this Contract are separate and independent from the indemnity provisions of
this section and shall not be construed in any way to limit the scope and magnitude of the indemnity
provisions. The indemnity provisions of this section shall not be construed in any way to limit the
scope and magnitude and applicability of the insurance provisions.
26. INDEPENDENT CONTRACTOR
The services Contractor provides under the terms of this Contract to the City are that of an
Independent Contractor, not an employee, or agent of the City. The City may report the value paid
for these services each year to the Internal Revenue Service (I.R.S.) using Form 1099.
City shall not withhold income tax as a deduction from contractual payments unless required under
federal or state law. As a result of this, Contractor may be subject to I.R.S. provisions for payment
of estimated income tax. Contractor is responsible for consulting the local I.R.S. office for current
information on estimated tax requirements.
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27. INSURANCE REQUIREMENTS
Insurance Representations and Requirements
General
Contractor agrees to comply with all applicable City ordinances and state and federal laws and
regulations.
Without limiting any obligations or liabilities of Contractor, must purchase and maintain, at its own
expense, this Contract's stipulated minimum insurance with insurance companies properly licensed
by the State of Arizona (admitted insurer) with an AM Best, Inc. rating of B ++ 6 or above or an
equivalent qualified unlicensed insurer by the State of Arizona (non-admitted insurer) with policies
and forms satisfactory to City of Scottsdale. Failure to maintain insurance as specified may result in
termination of this Contract at City of Scottsdale's option.
No Representation of Coverage Adequacy
By requiring the insurance stated in this Contract, the City of Scottsdale does not represent that
coverage and limits will be adequate to protect Contractor. City of Scottsdale reserves the right to
review any and all of the insurance policies and/or endorsements required by this Contract, but
have no obligation to do so. Failure to demand any evidence of full compliance with the insurance
requirements stated in this Contract or failure to identify any insurance deficiency does not relieve
Contractor from, nor may it be construed or considered a waiver of Contractor's obligation to
maintain the required insurance at all times during the performance of this Contract.
Coverage Term
All insurance required by this Contract must be maintained in full force and effect until all work or
services required to be performed under the terms of this Contract are satisfactorily performed,
completed and formally accepted by The City of Scottsdale, unless specified otherwise in this
Contract.
Claims Made
In the event any insurance policies required by this Contract are written on a "claims made" basis,
coverage shall continue uninterrupted throughout the term of this Contract by keeping coverage in
force using the effective date of this Contract as the retroactive date on all "claims made" policies.
The retroactive date for exclusion of claims must be on or before the effective date of this Contract,
and can never be after the effective date of this Contract. Upon completion or termination of this
Contract, the "claims made" coverage shall be extended for an additional three (3) years using the
original retroactive date, either through purchasing an extended reporting option; or by continued
renewal of the original insurance policies. Submission of annual Certificates of Insurance, citing the
applicable coverages and provisions specified herein, shall continue for three (3) years past the
completion or termination of this Contract.
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27. INSURANCE REQUIREMENTS— CONT'D
Insurance Representations and Requirements—Cont'd
Policy Deductibles and or Self-Insured Retentions
The policy requirements may provide coverage which contains deductibles or self-insured retention
amounts. Any deductibles or self-insured retention are not applicable to the policy limits provided to
City of Scottsdale. Contractor is solely responsible for any deductible or self-insured retention
amount. City of Scottsdale, at its option, may require Contractor to secure payment of any
deductible or self-insured retention by a surety bond or irrevocable and unconditional Letter of
Credit.
Use of Subcontractors
If any work under this Contract is subcontracted in any way, Contractor must execute a written
agreement with Subcontractor containing the same Indemnification Clause and Insurance
Requirements as stated in this Contract protecting City of Scottsdale and Contractor. Contractor
will be responsible for executing the agreement with Subcontractor and obtaining Certificates of
Insurance verifying the insurance requirements.
Evidence of Insurance and Required Endorsements
Before starting any work or services under this Contract, Contractor must furnish City of Scottsdale
with Certificate(s) of Insurance, or formal endorsements as required by this Contract, issued by
Contractor's insurer(s) as evidence that policies are placed with acceptable insurers as specified in
this Contract and provide the required coverage, conditions, and limits of coverage and that this
coverage and the provisions are in full force and effect. If a Certificate of Insurance is submitted as
verification of coverage, City of Scottsdale will reasonably rely upon the Certificate of Insurance as
evidence of coverage but this acceptance and reliance will not waive or alter in any way the
insurance requirements or obligations of this agreement. If any of the above cited policies expire
during the life of this Contract, it is Contractor's responsibility to forward renewal Certificates within
ten (10) days after the renewal date containing all the aforementioned insurance provisions.
Certificates must specifically cite the following provisions endorsed to the Contractor's policy:
1. City of Scottsdale, its agents, representatives, officers, directors, officials and employees must
be named an Additional Insured under the following policies:
a) Commercial General Liability
b) Auto Liability
c) Excess Liability - Follow Form to underlying insurance as required.
2. Contractor's insurance must be primary insurance as respects performance of subject
contract.
3. All policies, except Professional Liability insurance, if applicable, waive rights of recovery
(subrogation) against City of Scottsdale, its agents, representatives, officers, directors,
officials and employees for any claims arising out of work or services performed by Contractor
under this Contract.
4. If the Contractor receives notice that any of the required policies of insurance are materially
reduced or cancelled, it will be Contractor's responsibility to provide prompt notice of same to
the City, unless such coverage is immediately replaced with similar policies.
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27. INSURANCE REQUIREMENTS— CONT'D
Required Coverage
Commercial General Liability
Contractor must maintain "occurrence" form Commercial General Liability insurance with a limit of
not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations
Annual Aggregate, and a $2,000,000 General Aggregate Limit. The policy must cover liability
arising from premises, operations, independent contractors, products-completed operations,
personal injury and advertising injury. If any Excess insurance is utilized to fulfill the requirements
of this section, the Excess insurance must be "follow form" equal or broader in coverage scope than
underlying.
Vehicle Liability
If any vehicle is used in the performance of the Scope of Work that is the subject of this Contract,
the Contractor must maintain Business Automobile Liability insurance with a limit of $1,000,000
each occurrence on Contractor's owned, hired, and non-owned vehicles assigned to or used in the
performance of the Contractor's work or services under this Contract. If any hazardous material, as
defined by any local, state or federal authority, is the subject, or transported, in the performance of
this contract, an MCS 90 endorsement is required providing $5,000,000 per occurrence limits of
liability for bodily injury and property damage. If any Excess insurance is utilized to fulfill the
requirements of this section, the Excess insurance must be "follow form" equal or broader in
coverage scope than underlying.
Workers Compensation Insurance
Contractor must maintain Workers Compensation insurance to cover obligations imposed by federal
and state statutes applicable to Contractor's employees engaged in the performance of work or
services under this Contract and must also maintain Employers' Liability Insurance of not less than
$100,000 for each accident, $100,000 disease for each employee and $500,000 disease policy
limit. If the Contractor's is a sole proprietor, has no employees, and has elected not to purchase
workers compensation insurance; a completed and signed Workers Compensation Waiver form will
substitute for the insurance requirement. The Workers Compensation Waiver form cannot be used
by corporations, LLC's, partnerships or sole proprietors with employees.
28. ISRAEL BOYCOTT PROHIBITION
By submitting a quote/proposal/bid and/or entering into a contract with the City, the
vendor/company certifies that they are not currently engaged in and agrees for the duration of the
contract to not engage in a boycott of Israel as defined in A.R.S. § 35-393.
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29. LITIGATION
The Bidder will disclose any issue or potential issue that may have a material bearing on the
financial condition, solvency or credit worthiness of the organization. Disclosure includes any
material contingent liabilities or uninsured potential losses, involuntary Contract terminations in
other jurisdictions and any voluntary or involuntary bankruptcy filings over the past 7 years. The
Bidder will also disclose any litigation in which the Bidder has been involved in, either as a plaintiff
or defendant, within the past 3 years, and the Bidder shall agree to notify the City within 7 days of
any litigation or significant potential for litigation of which the Bidder becomes aware during the
course of any contract with the City. Further, the Bidder shall disclose in writing to the City all
litigation involving the Bidder, the Bidder's related organization, owners and key personnel.
30. LOCAL CONDITIONS, RULES AND REGULATIONS
The Bidder shall familiarize itself with the nature and extent of the Contract documents, work to be
performed, all local conditions, and federal, state and local laws, ordinances, rules and regulations
that in any manner may affect cost, progress or performance of the work.
31. MODIFICATIONS
Any adjustments, alterations, additions, deletions, or modifications in the terms and/or conditions of
this Contract must be made by written Change Authorization approved by the Contract
Administrator, Purchasing Director and the Contractor.
If Contractor performs any modification without such written Change Authorization, the City shall not
be obligated to accept said modification.
32. NO PREFERENTIAL TREATMENT OR DISCRIMINATION
In accordance with the provisions of Article II, Section 36 of the Arizona Constitution, the City will
not grant preferential treatment to or discriminate against any individual or group on the basis of
race, sex, color, ethnicity or national origin. The City of Scottsdale Diversity Office can be reached
at 480-312-2727.
33. NO WAIVER
The failure of either party to enforce any of the provisions of the Contract documents or to require
performance of the other party of any of the provisions of this Contract will not be construed to be a
waiver of those provisions, nor will it affect the validity of the Contract documents, or the right of
either party to enforce each and every provision.
No delay or failure of either party in exercising any right hereunder, and no partial or single exercise
thereof, shall be deemed to constitute a waiver of such right or any other rights hereunder. All
waivers must be in writing and signed by the party to be charged. Any waiver by either party of any
requirement hereunder shall be deemed to be a specific limited waiver, and shall not be deemed to
be a continuing waiver nor a waiver of any other requirement hereof.
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34. ORDER OF PRECEDENCE
In the event of a conflict in the provisions of this solicitation or resulting Contract, as accepted by
the City and as they may be amended, the following shall prevail in the order set forth below:
1. Signed and fully executed separate Contract or Offer and Acceptance Sheet
2. Special Terms & Conditions of the Solicitation
3. General Terms & Conditions of the Solicitation
4. Statement or Scope of Work ( SOW)
5. Specifications
6. Attachments
7. Exhibits
8. Instructions to Bidders
9. Other documents referenced or included in the Solicitation or Contract
35. PATENTS/INTELLECTUAL PROPERTY
The Contractor agrees upon receipt of notification to promptly assume full responsibility for the
defense of any suit or proceeding which is, has been, or may be brought against the City of
Scottsdale and its agents or bidders for alleged patent and/or copyright infringement, as well as for
the alleged unfair competition resulting from similarity in design, trademark or appearance of goods
by reason of the use or sale of any goods furnished under this Contract and the Contractor further
agrees to indemnify the City against any and all expenses, losses, royalties, profits and damages
including court costs and attorney's fees resulting from the bringing of such suit or proceedings
including any settlement or decree of judgment entered therein.
The City may be represented by and actively participate through its own counsel in any such suit or
proceedings if it so desires.
36. PAYMENT TERMS
The City of Scottsdale's payment terms are payment within thirty (30) days except in Title 34
circumstances where payment is required within fourteen (14) days. Payment may be sooner
where cash discounts are offered for early payment; however, cash discounts offered will not be
considered in determining lowest Bidder. In no event will payment be made prior to receipt of an
original invoice containing invoice and Purchase Order numbers and receipt of purchased items.
The City is not liable for delays in payment caused by failure of the Contractor to send an invoice to
the address specified below:
CITY OF SCOTTSDALE
ACCOUNTS PAYABLE
7447 E. INDIAN SCHOOL ROAD, #210
SCOTTSDALE, ARIZONA 85251-4468
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37. PRICE REDUCTION
If Contractor's, manufacturer, or supplier at any time during the course of this Contract, makes a
general price decrease, to the Contractor, the Contractor shall promptly notify the City in writing and
extend such decrease to the City effective on the date of such general price decrease.
38. RECORDS AND AUDIT RIGHTS
Contractor's and Subcontractor's books, records, correspondence, accounting procedures and
practices, and any other supporting evidence relating to this Contract (all the foregoing hereinafter
referred to as "Records") shall be open to inspection and subject to audit and/or reproduction during
normal working hours by the City of Scottsdale, or its authorized representative, to the extent
necessary to adequately permit evaluation and verification of any invoices, payments or claims
based on Contractor's or Subcontractor's actual costs (including direct and indirect costs and
overhead allocations) incurred, or units expended directly in the performance of work under this
Contract. For the purpose of evaluating or verifying such actual or claimed costs or units expended,
the City of Scottsdale or its authorized representative shall have access to said Records from the
effective date of this Contract for the duration of the work and until three (3) years after the date of
final payment by the City of Scottsdale to Contractor pursuant to this Contract.
The City of Scottsdale or its authorized representative shall have access, during normal working
hours, to all necessary Contractor and Subcontractor facilities, and shall be provided adequate and
appropriate work space, in order to conduct audits in compliance with the provisions of this Article.
The City of Scottsdale shall give Contractor or Subcontractor reasonable advance notice of
intended audits.
Contractor shall require Subcontractors to comply with the provisions of this Article by insertion of
the requirements hereof in any Subcontract pursuant to this Contract.
If an audit in accordance with this article, discloses overcharges, of any nature, by the Contractor to
the City in excess of one percent (1%) of the total Contract billings, the actual cost of the City's audit
shall be reimbursed to the City by the Contractor. Any adjustments and/or payments which must be
made as a result of any such audit or inspection of the Contractor's invoices and/or records shall be
made within a reasonable amount of time (not to exceed 90 days) from presentation of City's
findings to Contractor.
39. REGISTERED/LICENSES
To be considered responsive, Contractors must be registered/licensed in the State of Arizona, if
such registration/license is normally a requirement for the nature of the work contemplated by this
Contract.
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40. REQUEST FOR TAXPAYER I.D. NUMBER& CERTIFICATION IRS W-9 FORM
Upon request, the Contractor shall provide the required I.R.S. W-9 FORM which is available from
the IRS website at www.IRS.gov under their forms section.
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41. RISK OF LOSS
Contractor agrees to bear all risks of loss, injury or destruction of goods and materials ordered as a
result of this Contract which occur prior to delivery to the City; and such loss, injury, or destruction
shall not release Contractor from any obligation hereunder.
42. SCOTTSDALE CITY SEAL AND CITY SYMBOL
The Scottsdale City seal (as defined in S.R.C. § 2-1) and the City symbol are registered marks
and are reserved solely for the City's use. Any other use or reproduction of the City's
registered marks in any print, digital, or other media without the City's express, written
consent is prohibited. As a breach of this prohibition may impair the City's reputation, dilute its
mark(s), or otherwise cause the City irreparable harm, the City shall be entitled to an immediate
injunction enjoining such use in addition to any other legal or equitable remedies.
43. SEVERABILITY
If any provision of the Contract documents or the application of them to any person or circumstance
is invalid, illegal or unenforceable to any extent, the remainder of the Contract documents and their
application will not be affected and are enforceable to the fullest extent permitted by law.
44. SUCCESSORS AND ASSIGNS
No right or interest covered by this Contract shall be assigned in whole or in part without the prior
written consent of the City. Any assignment made in contravention of this section shall be
considered void.
The Contractor and the City agree that the provisions of the Contract documents are binding upon
the parties, their employees, agents, heirs and assigns. This Contract extends to and is binding
upon the Contractor, its successors and assigns, including any individual, company, partnership or
other entity with or into which the Contractor merges, consolidates or is liquidated, or any person,
corporation, partnership or other entity to which the Contractor sells its assets.
45. TERMINATION
Termination for Convenience: City reserves the right to terminate this Contract or any part hereof
for its sole convenience with thirty (30) days written notice. In the event of such termination,
Contractor shall immediately stop all work hereunder, and shall immediately cause any of its
suppliers and Subcontractors to cease such work. Contractor shall be paid a reasonable
termination charge consisting of a percentage of the order price reflecting the percentage of the
work performed prior to the notice of termination, plus actual direct costs resulting from termination.
Contractor shall not be paid for any work done after receipt of the notice of termination, or for any
costs incurred by Contractor's suppliers or Subcontractors which Contractor could reasonably have
avoided. Contractor shall not unreasonably anticipate the requirements of this Contract.
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45. TERMINATION— CONT'D
Cancellation for Cause: City may also terminate this Contract or any part hereof with seven (7)
days' notice for cause in the event of default if the Contractor fails to comply with any of the terms
and conditions of this Contract. Late deliveries, deliveries of products which are defective or do not
conform to this Contract, unsatisfactory performance as judged by the Contract Administrator, or
failure to provide City, upon request, with adequate assurances of future performance shall all be
causes allowing City to terminate this Contract for cause.
In the event of termination for cause, City shall not be liable to Contractor for any amount, and
Contractor shall be liable to City for any and all damages sustained by reason of the default which
gave rise to the termination. If it should be determined that City has improperly terminated this
Contract for default, such termination shall be deemed a termination for convenience.
In the event Contractor is in violation of any Federal, State, County or City law, regulation or
ordinance, the City may terminate this Contract immediately upon giving notice to the Contractor.
46. TESTING OF MATERIALS
When required in the course of any service or Contract, the procedures and methods used to
sample and test material, will be determined by the City. Unless otherwise specified, samples and
tests will be made in compliance with the following: The City of Scottsdale Minimum Sampling
Frequency Guide, The City of Scottsdale Material Testing Manual and/or the standard methods of
AASHTO or ASTM, DSPM and MAG supplements.
The City will provide a pre-qualified City or Independent Testing Laboratory and will pay directly for
initial City Acceptance Testing. If the first and subsequent tests indicate noncompliance with the
specifications, the cost associated with that noncompliance shall be paid for by the Contractor.
When the first and subsequent tests indicate noncompliance with the specifications, all retesting will
be performed by the same testing agency.
Rejected materials shall be immediately removed and shall not be used in any form for any other
part of the work.
47. TIME IS OF THE ESSENCE
Time is of the essence with respect to the dates and times contained in the Contract documents.
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48. WARRANTY
Contractor expressly warrants that all goods or services furnished under this agreement shall
conform to all specifications and appropriate standards, will be new, and will be free from defects in
material or workmanship. Contractor warrants that all such goods or services will conform to any
statements made on the containers or labels or advertisements for such goods, or services, and
that any goods will be adequately contained, packaged, marked and labeled. Contractor warrants
that all goods or services furnished hereunder will be merchantable, and will be safe and
appropriate for the purpose for which goods or services of that kind are normally used. If
Contractor knows or has reason to know, the particular purpose for which City intends to use the
goods or services, Contractor warrants that such goods or services will be fit for such particular
purpose. Contractor warrants that goods or services furnished will conform in all respect to
samples. Inspection, test, acceptance of use of the goods or services furnished hereunder shall not
affect the Contractor's obligation under this warranty, and such warranties shall survive inspection,
test, acceptance and use.
Contractor's warranty shall run to City, its successors, and assigns. Contractor agrees to replace or
correct defects of any goods or services not conforming to the foregoing warranty promptly, without
expense to City, when notified of such nonconformity by City, provided City elects to provide
Contractor with the opportunity to do so. In the event of failure of Contractor to correct defects in or
replace nonconforming goods or services promptly, City, after reasonable notice to Contractor, may
make such corrections or replace such goods and services and charge Contractor for the cost
incurred by City in doing so. Contractor recognizes that City's requirements may require immediate
repairs or reworking of defective goods, without notice to the Contractor. In such event, Contractor
shall reimburse City for the costs, delays, or other damages which City has incurred.
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1. ACCEPTANCE/AGREEMENT
If for any reason Contractor should fail to accept the Agreement in writing, any conduct by
Contractor which recognizes the existence of an Agreement pertaining to the subject matter
hereof shall constitute acceptance by Contractor of the Agreement and all of its terms and
conditions. Any terms proposed by Contractor which add to, vary from or conflict with the terms
herein are hereby rejected by the City. Any such proposed terms shall be void and the terms
herein shall constitute the complete and exclusive statement of the terms and conditions of the
Agreement between the parties. If any Agreement has been issued by the City in response to a
bid and if any of the terms therein are additional to or different from any terms of such bid, then
the issuance of the Agreement by the City shall constitute an acceptance of such bid subject to
the express conditions that the Contractor assent to such additional and different terms herein
and acknowledge that the Agreement constitutes the entire agreement between the City and the
Contractor with respect to the subject matter and acknowledged unless Contractor notifies the
City to the contrary in writing within ten (10) days of receipt of the Agreement.
2. CITY OBSERVED HOLIDAYS
City holiday time frame to be 6:00 P.M. the eve of the holiday until 6:00 A.M. on the day after
the holiday.
City Holidays Include: New Year's Day, Martin Luther King Day, President's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day (plus Day after Thanksgiving),
Christmas Day.
a. New Year's Day January 1st (or Friday before or Monday after)
b. Martin Luther King Day 3rd Monday in January
c. President's Day 3rd Monday in February
d. Memorial Day Last Monday in May
e. Independence Day July 4th (or Friday before or Monday after)
f. Labor Day 1st Monday in September
g. Thanksgiving Day 4th Thursday in November
h. Day after Thanksgiving 4th Friday in November
i. Christmas Day December 25th (or Friday before or Monday after)
3. COMPLETENESS AND ACCURACY
The Consultant will be responsible for the completeness and accuracy of work prepared by the
Consultant and will correct, at its expense, all errors or omissions which may be disclosed. The
cost to correct those errors will be chargeable to the Consultant. Additional construction added
to the project will not be the responsibility of the Consultant unless the need for additional
construction was created by any error, omission, or negligent act of the Consultant. The City's
acceptance of the Consultant's work will not relieve the Consultant of any of its responsibilities.
The professional standard to which the Consultant is held will be that of a similar Consultant as
practiced in the State of Arizona.
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4. CONTRACTOR'S EMPLOYEES'IDENTIFICATION AND WORK APPAREL
All Contractor employees performing work under the scope of this Contract shall wear
conservative style uniform shirts that will have sewn on or embossed identification labels of the
Contractor's company name, and/or, logo, and will appear on the front area of the shirt near
chest height of the shirt. Shirts may also have company name or logo appear on the backside
of the shirt. Contract Administrator will approve proper identification on uniforms during the life
of the Contract.
Contractor shall provide employees with identification nametags to include name and picture of
the employee and Contractor's company name and applicable logo. Employee will wear the
nametag in plain view on his person at all times while performing the work under the scope of
the Contract. All employees shall have the supervisor's business cards available. In addition
the 'lead person' of each crew shall wear a badge clearly identifying the position of crew leader.
Contractor's employees shall wear uniform style slacks, "Levi" type slacks, or Bermuda type
shorts. If shorts are worn they shall be of Bermuda style length (cut just above the knee). Cut-
offs and short-shorts are not acceptable wearing apparel.
Outlandish styles, patterns, hats, colors of wearing apparel, verbiage imprinted on apparel, etc.,
worn by a Contractor Employee that may promote negativity in the work place, or advertise any
product other than the Contractor's company name and/or logo will not be allowed.
Sandals, flip-flops, open-toed shoes are not acceptable footwear.
The Contract Administrator shall be the sole determinant of the appropriateness of all work
apparel.
Contractor shall insure that all employees performing any work at any location under the scope
of this Contract are furnished and use the proper Personal Protective Equipment (PPE) based
on the type of work the employee is doing and the type of hazard the employee may encounter
or be exposed to.
Walkman type radios or any apparatus, which may impede hearing or sight, will not be allowed.
Earplugs and/or safety glasses are exempt.
The Contractor may instruct all employees, in advance, as to procedures in the event of a
medical emergency.
If an injury to an employee is of sufficient nature to warrant immediate professional medical
attention, the employee shall seek out proper medical attention immediately.
The employee shall notify the on-duty lead person (or supervisor) of any personal injury,
including minor cuts, scrapes or burns. The on-duty lead person shall immediately notify the
Contract Administrator of such injuries.
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5. CONTRACTOR SUPERVISORS AND CREWS
The Contractor's Supervisor(s) shall have full authority to act on behalf of the Contractor in any
situation.
The Contractor's Supervisor(s) and crews shall be monitored by the Contract Administrator for
their effectiveness interacting with City personnel, citizens, and ability to maintain a written
schedule. The knowledge and effectiveness of the Contractor's Supervisor(s) and crews shall
have a direct impact on any possible and applicable Contract extensions.
Actual crew size shall be the responsibility of the Contractor to establish.
A fully staffed crew shall be defined as a MINIMUM of the following:
• One (1) Supervisor (Crew Leader) who is conversant in the `English language'
• One (1) vehicle capable of performing the required work as indicated by the Contract
Administrator at the time of the service request.
• Additional crew members as required to complete the required work as indicated by the
Contract Administrator at the time of the service request.
6. FUEL SURCHARGES
Fuel surcharges shall NOT be allowable during the term of this Contract.
7. INVOICING
All invoices submitted for work done under the scope of this Contract MUST BE ITEMIZED.
Itemized invoices shall contain a MINIMUM of the following information:
• Vendor Name
• Remit to Address
• Purchase Order Number
• Invoice Date
• Invoice Number
• Date service/work was completed
• Complete description of work completed
• Location where service/work was performed
• Itemized list of all charges (quantity, description, unit pricing per the contract)
• Tax Amount (if applicable)
• Total Invoice Amount
The Contractor shall submit invoices with all supporting documentation within thirty (30) days
after the service/work is completed and approved by the Contract Administrator.
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8. KEY PERSONNEL
The Contractor shall provide an adequate staff of experienced personnel capable of and
devoted to the successful accomplishment of Contract work. The Contractor shall assign the
specific individuals identified in its proposal to key positions. The Contract is predicated, in part
and among other considerations, on the utilization of the specific individual(s) and/or personnel
qualification(s) identified and/or described in the Contractor's offer. Therefore, no substitution of
such specified individuals and/or personnel shall be made without prior written approval of the
CA. Any substitution of personnel under this Contract shall be equal or better than those
identified in the Contract. The City's approval of a personnel substitution shall not be construed
as an acceptance of the substitution's performance potential. No approval shall be
unreasonably withheld of a proposed substitution of personnel. The Contractor shall bear all
transitional expenses incurred for any costs associated with removing or replacing Key
Personnel who are performing work under the Contract.
9. MULTIPLE AWARDS
If deemed to be in the City of Scottsdale's best interests, the City reserves the right to award
multiple Contracts as a result of the solicitation process. While multiple awards are possible,
the preferred procedure is to issue up to three (3) awards for each commodity (Lot 1 and 2).
10. PRICE ESCALATION
Price increases may only be requested by the Contractor, thirty (30) days prior to the
anniversary date of the Agreement. Failure to do so may result in the denial of any increase
requested.
A requested price increase will become effective only after approval by the Contract
Administrator and the Purchasing Director. Once approved the price increase will be adjusted
into a new base price for the remainder of the contract period. Any future requested price
increases to the base price will only be reviewed at annual renewal time and require the
approval of the Contract Administrator and Purchasing Director.
Approved price increases will be applied to the unit pricing in the Agreement as a percentage
increase.
The proposed increased rate shall be based upon presentation by the Contractor and review by
the Contract Administrator; however, the Contract Administrator shall evaluate the Contractor's
performance, services and records documentation to determine the appropriateness of the
increase requested.
The percentage increase in the unit pricing may not exceed the percent in the U.S. City Average
"Consumer Price Index" (C.P.I.) All Items, 1982-84=100 for All Urban Consumers for the
Percentage Change from the previous twelve (12) months, as published by the U. S.
Department of Labor Bureau of Labor Statistics.
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11. PRICING
Pricing shall be listed on the Bid Form page. Prices bid by the Bidders shall be applicable
during the entire initial term of the Contract.
For reasons of clarity all submissions of pricing shall be priced in the same unit (size, volume,
quantity, weight, etc.) as requested on the Bid Form herein. Bidders failing to comply with this
requirement may be declared non-responsive.
All charges associated with this Contract MUST be shown on the Bid Form returned by the
Bidder or other supporting documentation. Any charges not listed on the Bid Form or
supporting documentation submitted with the Bidder's response shall not be allowed during the
Contract period and any applicable extensions.
Unit prices quoted herein shall be all inclusive and include all pertinent additional fees normally
associated with this type of service. This shall include, but not be limited to, environmental fees,
shop supplies, clean-up, transportation, etc. No additional charges beyond the quoted unit price
(except applicable sales tax) shall be allowed, unless authorized by the Contract Administrator
before final invoicing.
Unit prices quoted shall be applicable for any quantity ordered by the City of Scottsdale, or
differentiated on the Bid Form or other supporting documentation.
12. PRODUCT TESTING AND QUALITY CONTROL
The City of Scottsdale reserves the right to perform periodic, random, unannounced, testing of
any goods delivered under the scope of this Contract. The goods shall be tested for
conformance to the specifications contained herein. The Contractor shall have twenty-four (24)
hours to replace any goods failing the tests conducted by an independent laboratory, at no
additional charge to the City of Scottsdale. Furthermore, all costs associated with the failed
testing shall be borne by the Contractor.
Three (3) failed test reports within a twelve (12) month period may result in the Contract being
terminated.
The Contract Administrator or designee will monitor warranty issues by the Contractor.
Warranty issues shall average less than five percent (5%) monthly. Warranty issues that
exceed five percent (5%) for two (2) consecutive months may result in the Contract being
terminated.
13. PURCHASING PROCEDURE
All orders require a City of Scottsdale purchase order that will be communicated by phone, fax
or e-mail. No parts or commodities or work shall be rendered/are to be delivered without the
issuance of a City of Scottsdale purchase order. Any invoices received from the Contractor
without a City of Scottsdale purchase order number, referenced on the invoice, may remain
unpaid.
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14. QUANTITY
It is estimated that the work load schedule will require a minimum of 120-135 ADA ramp
upgrades to be completed each month. The estimated quantities that will be required during the
initial term of this Contract are indicated on the Bid Form contained herein.
The actual service requests, and service requests for future years may be more or less, and any
quantities listed herein should be used for information purposes only.
15. REVIEW OF CONTRACTOR'S WORK
Work performed by the Contractor shall be subject to periodic reviews and partial acceptance at
various stages. The Department may make such reviews and pass upon the acceptability of
Contractor's work. Partial acceptance shall not relieve the Contractor of its obligation to correct,
without charge, any errors in the work on this project.
The City reserves the right to perform background checks on the Contractor and their
employees who will be conducting onsite activities and have direct contact with the City's client
16. TERM OF AGREEMENT
The term of this Contract shall be for a one (1) year period from the effective date of
acknowledgment of the Acceptance of Offer/Notice of Award.
The City and Contractor may mutually agree to extend this Contract for four (4) additional one
(1) year periods, upon the recommendation of the Contract Administrator, concurrence of the
Purchasing Director and/or City Council, depending on the Contract.
17. THIRD PARTY BENEFICIARY
Nothing under the Contract Documents will be construed to give any rights or benefits in the
Contract Documents to anyone other than the City and the Consultant, and all duties and
responsibilities undertaken in accordance with the Contract Documents will be for the sole and
exclusive benefit of the City and the Consultant and not for the benefit of any other party.
18. UNPREDICTABLE MARKET CHANGE
In the event of an unpredictable change in the market, which affects the then current Contract
price, Contractor may submit justification for a price adjustment. Contract Administrator and
Purchasing Director shall review justification and determine applicable price adjustment. Upon
return to normal market conditions, the price will be adjusted to the price established by the
original Contract terms.
The Purchasing Director shall be the final authority on any price adjustment due to
unpredictable market change.
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19. VEHICLE REQUIREMENTS AND IDENTIFICATION
The Contractor shall only use trucks and vehicles licensed for use on public streets and licensed
in the State of Arizona.
All equipment used in the performance of work under the scope of this Contract shall be
equipped with an amber/yellow light bar OR amber/yellow light which can be clearly seen from a
MINIMUM distance of five hundred feet (500') in all directions. The Contract Administrator shall
be the sole determinant as to whether equipment warning lights are sufficient.
All Contractor vehicles shall contain signage which includes a MINIMUM of the Contractor
Company name; and/or logo. Vehicle signage shall be sufficient, in the opinion of the Contract
Administrator, to make it apparent to others, as to the nature of the business and the occupants
of the vehicle. Vehicle signage shall appear on a MINIMUM of the right and left sides of the
vehicle. All vehicles that are used in the performance of work under the scope of this Contract
shall display the proper vehicle signage. Contract Administrator will approve proper
identification of vehicles during the life of the Contract.
20. WARRANTY REQUIREMENTS
All workmanship and materials provided under the scope of this solicitation shall be warranted
for a MINIMUM of twelve (12) months. All repairs or replacements shall be conducted within ten
(10) business days at no charge to the City of Scottsdale.
ALL WARRANTIES SHALL START FROM THE CITY OF SCOTTSDALE IN SERVICE DATE.
All warranty items/issues/concerns shall be resolved at no charge to the City of Scottsdale. This
shall include, but not be limited to, parts, labor, freight, travel, etc. All warranty
items/issues/concerns shall be resolved within a time frame determined by the Contract
Administrator.
The Contractor shall warranty all parts and services provided by a subcontractor just as if
supplied directly by the Contractor.
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SPECIFICATIONS
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1.0 PURPOSE
1.10 The City of Scottsdale invites sealed submittals to establish service contracts for as-
needed concrete repairs in all City of Scottsdale right of ways, for the City's Street
Operations Department.
1.20 The Bidder shall familiarize themselves with the nature and extent of the solicitation and
contract documents, work to be performed, all local conditions, and federal, state and local
laws, ordinances, rules and regulations that may in any manner affect cost, progress or
performance of the work.
1.30 The Bidder is encouraged to read the Solicitation documents very carefully, as the City shall
not be responsible for errors and omissions on the part of the Bidder.
2.0 CONTRACT ADMINISTRATION
2.10 The Contract Administrator shall be the Street Operation Maintenance Supervisor, or designee.
2.20 The Contract Administrator shall audit the billings, approve payments, establish delivery
schedules, approve addenda to the contract, and generally be responsible for overseeing
the execution of the contract.
3.0 MINIMUM CONTRATOR QUALIFICATIONS
3.10 The Contractor shall be in compliance with all applicable Federal, State, Local, ANSI and
OSHA laws, rules and regulations and all other applicable regulations for the term of this
contract.
3.20 The Contractor, without additional expense to the City, shall be responsible for obtaining and
maintaining any necessary licenses, certifications and COS permits required in connection
with the completion of the required services herein.
3.30 Bidder shall have been conducting business within the Phoenix/Scottsdale Metropolitan area
for a MINIMUM of two (2) consecutive years.
3.40 Bidder's place of business MUST be physically located in the Phoenix/Scottsdale,
Arizona metropolitan area.
3.50 The Contractor MUST have and maintain full time Company representation located in
the Scottsdale/Phoenix, Arizona metropolitan area, with the ability and authority to
address all Contract issues that may develop.
3.60 The Contractor may not subcontract any segment or services covered herein, without prior
approval of the Contract Administrator. All subcontractors used under the scope of this
contract shall meet all requirements, terms and conditions set forth herein. All subcontracted
services shall be warranted by and be the responsibility of the Contractor.
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4.0 CONTRACT AWARD
4.10 If deemed to be in the City of Scottsdale's best interests, the City reserves the right to award
a single contract as a result of the solicitation process. While a single award is possible, the
preferred procedure is to have multiple awards. The City intends to enter into a contract
with up to three (3) contracts with the highest ranked, responsive, responsible Bidders, for
each Lot (1 and 2).
4.20 The Bidder with the lowest price will be designated as the Primary Contractor, and the
Bidder with the second lowest price will be designated as the Secondary Contractor, and so
forth.
4.30 If in the course of the Contract term, the Primary Ranked Contractor repeatedly provides the
City with poor workmanship, broken completion date promises, or fails to timely respond to the
City's requests, the City reserves the right to elevate the Secondary Contractor as the Primary
Contractor.
5.0 CONTRACTOR RESPONSIBILITIES
5.10 The Contractor shall have sufficient personnel and equipment to complete all work requests,
as defined in this Solicitation, and in then time frame required by the Contract Administrator.
5.20 The Contractor shall be responsible for traffic control and shall supply all necessary
traffic barricades, lights, signs, and cones to safely regulate traffic as specified herein.
5.30 All products and equipment utilized by the Contractor for performance of work under the
scope of this contract shall be maintained in a safe operating condition and meet all
applicable Federal, State, Local, ANSI, and OSHA laws, rules, and regulations.
5.40 Working hours for this contract shall not be limited to any particular time, unless otherwise
requested in writing by the Contract Administrator, or as indicated in the Work Schedule
section.
5.50 The Contractor shall provide a roster of his employees which will be performing work under the
scope of this contract, for the life of the contract. Contractor shall be required to update roster
monthly to notify the Contract Administrator of all changes made in personnel.
5.60 The Contractor shall provide to the Contract Administrator, Project Manager or primary point of
contact's name, the contact information, including cellular phone, and off-duty hours phone
numbers.
5.70 The Contractor agrees to assume full responsibility for performing the work in compliance with
Ithe terms and conditions of all applicable sections of the Maricopa Association of Governments
(MAG) Uniform Standard for Public Works Construction, the City of Scottsdale (COS)
Supplemental Standard Details and Specifications, the City of Phoenix Traffic Barricade
Manual, the City of Phoenix Supplemental Specification 361, and all latest revisions of those
Idocuments.
5.80 The Contractor shall report immediately to the Contract Administrator or designee any variance
Ifrom the performance required by the terms and conditions of the Contract.
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6.0 TRAFFIC CONTROL
6.10 Residential and Local Streets
The Contractor shall provide traffic control for residential and local streets. This type of
traffic control costs are considered incidental to the project and are not considered as a
separate pay item.
6.20 Arterials and Collectors
6.21 Traffic Control that requires a traffic control plan will be invoiced to the City at the actual
cost incurred by the Contractor.
6.22 When a project requires a full road closure, or is scheduled on a major road, the contractor
shall submit a traffic control plan to the Traffic Engineering department for approval, three (3)
working days prior to start of that task phase. Complete street closures will not be allowed,
except upon written approval of the Contract Administrator.
6.23 The Contract Administrator may require the stationing of additional uniformed police officers
to facilitate traffic movement and promote work zone safety. Additional officers beyond the
requirements of the Phoenix Traffic Barricade Manual, latest revision, will be invoiced to the
City at the actual cost incurred by the Contractor.
6.24 The contractor will not restrict any arterial class lane between the hours of 7 and 9 am
or between the hours of 4 and 6 pm except upon written approval of the Contract
Administrator.
6.25 Contractor will provide a lighted arrow board for each active lane closure on any major
road project.
6.26 Approved traffic cones may be used on residential streets to channel the traffic to protect
the fresh surface treatment. Traffic cones shall be removed from the street by 4:00 PM.
daily unless otherwise directed by the Contract Administrator. Residential streets and
alleys intersecting with collector streets shall be properly signed at that intersection to safely
channel traffic to, through and from that intersection.
6.27 Alley projects shall be scheduled and notified in such a way as to not conflict with
critical deliveries or full use of the parallel roadway.
6.28 The existing drainage flow-line of the alley shall be preserved or improved to facilitate
positive drainage.
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6.29 Except under special circumstance determined by the contract administrator, the contractor
will be allowed to completely close segments of alleys to facilitate work. Closure of any alley
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will be limited to a six (6) hour duration for installation and curing of the surface application.
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6.0 TRAFFIC CONTROL— CONT'D
6.30 The Contractor shall provide on the project site at all times, a responsible party who is fluent
in the English language and authorized to make appropriate and responsible
adjustments as required to comply with the terms of this contract (i.e., opening lanes by 4:00
p.m.).
6.31 The Contractor shall be responsible for securing and maintaining a marshaling yard as
specified in MAG Standard Specification Sections, 104.1.3, 104.1.4 and 107.6.1.
7.0 PUBLIC NOTIFICATION
7.10 Unless otherwise directed by the Contract Administrator, the Contractor shall notify all
residents, businesses, and schools located along the frontage of a specific project by
handbill or door- hanger, no later than forty-eight (48) hours and no earlier than two (2)
weeks prior to commencement of the work phase. The handbill shall include the statement
that on pavement parking will not be permitted during the affected times, the Contractor's
phone number, and alternate work day schedule in case of delay due to weather. The
Contractor shall re-notify all areas where work was not performed as scheduled. Door-
hangers shall be bright yellow with red lettering and shall be 3 to 5 inches wide by 10 to 12
inches long. Door-hangers shall be pre- cut to be readily secured to doorknobs and pulls, so
that they cannot be inadvertently detached or blown off. Any costs associated with
notification or re-notification shall be considered incidental to the project.
7.20 The Contractor shall provide black-on-orange pre-construction advisory signs to be placed
on commuter streets to be serviced, one full calendar week prior to start of the project. The
signs shall state that a resurfacing project is to take place, the planned dates of start and
finish, and shall state that an alternate route of travel is suggested. Sign dimensions may
vary according to application and will be determined by the Contract Administrator. This
provision is for use on streets where handbill notification is not practical. This requirement is
not a separate pay item.
7.30 The Contractor Administrator may require the stationing of lighted variable message signs
prior to and during the work phase for pre-notice and to facilitate traffic movement and
promote work zone safety. Lighted variable message boards used during the project phase
are to be invoiced to the City at the actual cost incurred by the contractor, if approved by
the Contract Administrator in advance.
8.0 WORK SCHEDULE
8.10 Work Hours: The work week will be a minimum of forty (40) hours, excluding holidays.
Monday through Friday if working eight (8) hour days, or four (4) days (scheduled Monday
through Friday) if working ten (10) hour days. This would not include Night /Weekend work
(Premium Compensation).
8.20 Excluding an emergency assignment, the City will notify the Contractor of the desired
starting time and location of the work phase at least 15 days prior to start of work. The
Contractor shall complete each work phase within 20 calendar days of the starting date,
not including delays caused by weather.
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8.0 WORK SCHEDULE— CONT'D
8.30 The Contractor shall present a schedule of times, dates and streets for each work phase to
the Solid Waste Department at (480) 312-5600, 48 hours prior to start of that work phase.
8.40 Emergency street repairs, when requested by the City's Contract Administrator or
designee, shall be undertaken immediately and carried through to completion without pause.
When night work is required between the hours of 10PM and 6AM, the Contractor shall
provide a 'spotter' or signalman equipped with a whistle, siren, or horn that can be heard
over the equipment noise. The 'spotter' shall wear a fluorescent vest and will be responsible
for keeping the areas clear for moving equipment.
8.50 Certain job locations such as arterial class roads may require night scheduling of work.
Night work is defined as that taking place between the hours of 10:00 p.m. and 6:00 a.m. and
shall not include unscheduled emergency assignments.
8.60 Premium compensation for night work shall be bid as a multiplier factor to be applied
to individual unit costs on each bid item used. Premium compensation shall include all
costs associated with night and weekend work. Premium compensation will not be paid
when the contractor chooses to work nights or weekends to facilitate progress.
8.70 At the request of the City, there may be a need to add an additional crew(s) to keep up with the
paving schedule. Additional crew shall be available one week after City notification.
9.0 MATERIALS
9.10 All materials and procedures under this Contract shall meet the MAG specifications, as
amended by COS supplemental specifications or by City of Phoenix supplemental
specifications for the specific applications required.
9.20 Relating to the execution of this Contract including, but not limited to the application of
product and the storage, reclamation, treatment, recycling, and/or disposal of materials, the
Contractor shall comply with all applicable laws, regulations and ordinances. The
Contractor shall also comply with the requirements of all governmental authorities with
respect to any permits, licenses, and approval required for performance of this Contract.
Furthermore, the Contractor agrees to incorporate and adhere to the use of best
management practices in any actions affecting his performance under the law, regulations,
and requirements in effect during the term of this Contract. Upon request by the Contract
Administrator, the Contractor shall promptly certify such compliance to the City in such form
and at such times as may be required.
9.30 When the contractor requires a supply of water, the contractor shall make arrangements
with the COS Water Resources department at 480-312-5650.
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10.0 DUST PREVENTION
10.10 The Contractor shall take whatever steps, procedures or means required to prevent
abnormal dust conditions due to these construction operations in connection with this
contract. The dust control measures shall be maintained at all times during construction
of the project, to the satisfaction of the Contract Administrator, in accordance with the
requirements of the Maricopa County Health Department Air Pollution Control Regulations.
This is not a pay item. Contractor is responsible for any costs associated with compliance.
11.0 PREPARATION AND CLEAN UP
11.10 Contractor has three (3) working days after concrete is poured and/or asphalt patch back is
completed to remove all loose debris and other materials not incorporated in the work from
the site for proper disposal. All cleanup, restoration, repair or replacement of public and
private property will be the responsibility of the prime contractor. Restoration and repair
includes, but is not limited to, damaged concrete, walls, repair of underground and
above ground utilities, sprinkler systems, lighting systems, etc. Restoration/repairs of
damaged property shall be complete and accepted by the Contract Administrator or his
designee to constitute task phase completion.
11.20 Marshaling Yard shall comply with all procedures and requirements of MAG Standard Spec.
104.1.3 and 104.1.4.
12.0 GENERAL SPECIFICATIONS
12.10 Repair locations include but are not limited to streets, parking lots and alleys.
12.20 The annual quantities listed herein are approximate only and are given for the sole purpose
of the preparation of bids. Actual quantities may vary according to field conditions. Services
will be provided on an as-needed basis. The City does not guarantee a minimum or
maximum amount of services.
12.30 Subgrade preparation saw cut and disposal of excess material is an incidental to all line
items and not a separate pay item.
12.40 Asphalt patching services shall be completed within three (3) days after concrete
placement. Asphalt services under this contract can only be used as a direct result of
concrete work. No individual asphalt patching services will be allowed under this contract.
12.50 A daily tabulation of square footage treated will be agreed upon between the Contractor and
•
the City Inspector.
12.60 When subgrade removal is required, the contractor must first call Arizona 811 at 602-263-
1100 for locating of utilities. The contractor shall determine the depth of all underground
utilities within the work area before excavation is started.
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12.0 GENERAL SPECIFICATIONS— CONT'D
12.70 The contractor, in the case of drainage corrections, shall determine existing elevations
and required elevations needed to facilitate positive drainage. Survey to establish
elevations shall be considered incidental to the work and is not a separate pay item.
12.80 Drainage corrections and repairs shall be accomplished under, but not limited to the
specifications outlined in MAG sections 301 and 306, unless otherwise modified by the
Contract Administrator.
12.90 Each drainage correction project upon acceptance will be subject to a warranty walk
through within the first 12 months. Any standing water or failure of newly installed
pavement will be removed and replaced to the satisfaction of the city at no additional cost to
the city.
12.100 Survey monuments that are disturbed in the course of the work will be reset by the
contractor according to MAG Detail 120-1, latest revision. Re-installation of disturbed
monuments is a bid item.
12.110 Utility boxes and or valve boxes that are distributed in the course of work will be reset by the
contractor (Re-installation of disturbed utility and or valve box is a bid item). Utility and valve
boxes will be supplied by the City.
12.120 Pricing
A) Unit prices shall include full compensation for furnishing all materials, labor, tools,
equipment, transportation and any incidentals required for the Contractor to provide
the requested services as outlined in the specifications section of this solicitation (unless
otherwise stated).
B) Quantities of materials for this work will be paid for under the appropriate schedule at
the applicable contract price per unit of measurement designated (SF, LF, CY, HR,
EA, LS), with no allowance for waste. As applicable, adjustments will be reimbursed at
the unit price indicated for each service.
4
C) Payment will be made after completion and acceptance of each task phase and
upon receipt of approved invoices.
D) Quantities are listed as estimates only and are not guaranteed.
E) Contractor shall use the most current City of Scottsdale and/or M.A.G standard details
and specifications.
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SUBMITTAL CHECKLIST
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NOTICE: Bidders are not required to return a copy of the solicitation and/or any addenda issued by the
City of Scottsdale, with your submittal. Please review the submittal requirements below for the list of
information to be included with your submittal.
To constitute a valid responsive bid by the Bidder to this solicitation, the Bidder's submittal MUST
include a MINIMUM of the following items:
❑ Original Bid / Bid Copies — Identify and submit one (1) unbound original and one (1) copy of
the Bidder's response (Bid copy may be bound if the Bidder so desires).
❑ Offer/Acceptance Document (COS Form) — Complete Offer portion of the document, signed
in ink.
- Bid Form(s) (COS Form) — Fully completed Solicitation Bid Form(s) including Summary Bid
Form Sheet if applicable.
❑ Reference List (COS Form)—Fully completed Reference List.
• Subcontractor's List(COS Form)— Fully completed Subcontractor's List.
— Bidder General Disclosure Form (COS Form) — Fully completed General Disclosure Form,
— signed in ink.
❑ Bidder Litigation Disclosure Form (COS Form) - Fully completed Litigation Disclosure Form,
signed in ink.
❑ Bidder Questionnaire Form (COS Form)— Fully completed Bidder Questionnaire Form.
NOTE:
"Please do not return a copy of the solicitation/addenda(s) with your proposal/submittal. Return only
the required documents as referenced on the Submittal Checklist."
All submittals are to be completed on the City of Scottsdale (COS) forms without any alterations; failure
to do so may result in your submittal being rejected.
I
i
4
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11
4,;,‘, ,,,,,,,:,,,,,,,,,,i1
,,,,_,...„,,,,„,„,„
OFFER AND ACCEPTANCE
,,,,.
City of Scottsdale
Purchasing Division
9191 E. San Salvador Dr.
\-Ifj.),,,29
Scottsdale,AZ 85258
Phone: 480-312-5700—Fax: 480-312-5701
SOLICITATION# 18PB006 SOLICITATION TITLE: Concrete Repair Services
OFFER
TO THE CITY OF SCOTTSDALE:
The undersigned hereby offers and agrees, in accordance with the undersigned's written offer submitted in response to this
solicitation, to furnish the material and/or service(s) in compliance with all terms, conditions, specifications, scope of work, and
addendums in the solicitation listed above, including written exceptions that are subject to the approval of the City prior to
acceptance. The undersigned agrees that the entire solicitation listed above is hereby incorporated by reference as if fully set
forth herein.
The Offeror's signature on this OFFER form certifies that he has read, understands and will comply with all terms, conditions and
specifications stated in all documents constituting the solicitation. The bidder also certifies it is in compliance with the Non
Collusion and all Federal and Arizona State Immigration Laws.
OFFER MADE -COMPANY INFORMATION FOR CLARIFICATION OF THIS OFFER, CONTACT:
Company Name Printed Name
Address Title
City State Zip Phone
Signature for Offeror Date Fax E Mail
Printed Name and Title of Authorized Signatory Address ( if different from Company info)
Federal Employer Tax ID#or SSN as per W9 Statement City, State, Zip ( if different from Company info)
ACCEPTANCE OF OFFER, NOTICE OF CONTRACT AWARD
(for City of Scottsdale Use Only)
The contractor's offer is hereby accepted by the City of Scottsdale. The Contractor is now bound to sell the materials and/or
service(s) and perform based upon the above solicitation , including all terms, conditions, specifications, scope of work, and
addendums contained in the Solicitation, as well as any written exceptions that have been separately accepted by the City.
This contract shall henceforth be referred to as Contract# 18PB006
The contract consists of the following documents: 1) Solicitation# 18PB006 and all addendums (if applicable) as issued by the
City; 2)The Contractor's Response to the City's solicitation; 3)This signed offer and acceptance and any other applicable
contractual agreements, 4)All written exceptions and/or modifications to the solicitation requirements as agreed to by the City
and the Contractor as per attachment , dated .
The Contractor is hereby cautioned not to commence any billable work or provide any material or service under this contract
until the Contractor receives a purchase order document from the City.
The Contractor must provide the following checked items within ten (10) calendar days from the date of this Acceptance of Offer,
i Notice of Contract Award in order for the City to issue the required Purchase Order : ❑ Payment Bond ❑ Performance Bond,
❑ Insurance Certificate(s), ❑ I.R.S. Form W-9/Taxpayer ID No. &Certification, ❑ other documentation as identified.
If the Contractor fails to furnish the required documents within the stated ten (10) calendar days they may be considered in
default and may be at risk of forfeiture of any applicable Bid Bond posted. All required documents are to be sent to the Bid &
Contract Specialist listed in the solicitation.
This document has been approved as to form on the 22nd day of July, 2012 City of Scottsdale, a municipal corporation
by the City Attorney and is on file with the City Clerk. It need not be Offer Accepted and Awarded this day
submitted to the City Attorney for approval unless the form document is of , 201_
altered.
Risk Management issues reviewed and approved as to form ,201_
by City of Scottsdale Risk Management Director
JRecommended award approved ,201 O_ E. Flanagan
rby City of Scottsdale Contract Administrator Ass City ADeyiity nee
of Scottsdale Purchasing Director
46
Revised 08/19/13—Doc#10019096 v-2
BID FORM
CONCRETE REPAIR SERVICES
. * IFB# 18PB006
cfip of
The Unit Prices listed on the Bid form shall be inclusive and include all pertinent additional fees
normally associated with this type of service. This shall include, but not be limited to: labor, materials,
equipment, transportation, environmental fees, etc. No additional charges beyond the quoted unit price
(except applicable sales tax) shall be allowed, unless authorized by the Contract Administrator before
final invoicing.
In order to be considered responsive for Lot 1 or Lot 2, Bidders shall provide pricing for "ALL"
Line items within each lot to be considered for award—NO EXCEPTIONS.
NOTICE: Offeror's are strongly encouraged to read and understand the Consumer Price Index (CPI)
Section. Renewals with allowable price increases will strictly be based on the CPI percentage(%) rate for
each applicable renewal.
ITEM ANNUAL UNIT EXTENDED
NO. DESCRIPTION ESTIMATED PRICE PRICE
QUANTITY
LOT#1 CONCRETE REPAIR AND PLACEMENT
1 Saw cut, Remove and Replace
Curb and Gutter 7,000 LF $ LF $
2 Saw cut, Remove and Replace 20,000 SF $ SF $
Sidewalk
3 Saw cut, Remove misc. curb and or 600 LF $ LF $
gutter
4 Remove and Replace Driveway 5,000 SF $ SF $
@8 thick
5 Install COS Detail 2240 Valley 2,000 SF $ SF $
Gutter
6 Install COS Detail Apron 1,000 SF $ SF $
7 Vertical Curb 6"x6" 100 LF $ LF $
8 Remove and reset Sidewalk 100 SF $ SF $
Pavers
9 Remove and reset Crosswalk 100 SF $ SF $
Pavers
10 Extra surface charge for Exposed 480 SF $ SF $
Aggregate
11 Extra surface charge for Stamped 480 SF $ SF $
Concrete
12 Vertical Curb 6"x12" 100 LF $ LF $
COMPANY NAME:
4
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BID FORM —CONT'D
cl
CONCRETE REPAIR SERVICES
r
:;*)
#� IFB # 18PB006
ITEM ANNUAL UNIT EXTENDED
NO. DESCRIPTION ESTIMATED PRICE PRICE
QUANTITY
LOT#1 CONCRETE REPAIR AND PLACEMENT— CONT'D
13 Remove and Replace ADA Ramp 10,000 SF $ SF $
COS Standard @ 8 thick
14 Remove and Replace ADA Ramp 2,000 SF $ SF $
@MAG Standard 4 thick
15 Truncated Domes Red, Brown or 1,200 SF $ SF $
Yellow
16 Concrete Pump (line pump per 1 LS $ LS $
day)
17 Concrete Pump (boom pump per 1 LS $ LS $
day)
18 Shotcrete (cubic yard) 10 YD $ YD $
19 Relocate Sign, Base and post (sign 1 EA $ EA $
supplied by COS)
20 Horizontal Curb Cut 600 LF $ EA $
Grade and Erosion / Backfill Repair
21 (to repair along the edge of MUP; 1200 CY $ CY $
sidewalk and shoulders)
PAVEMENT REMOVAL
Saw cut and Remove AC
21 Pavement 5,000 SF $ SF $
up to 200 Square Feet(SF)
Saw cut and Remove AC
22 Pavement
greater than 200 Square Feet 5,000 SF $ SF $
(SF)
PAVEMENT PLACEMENT
EVAC 12.5mm as specified by C.A.
23 @ up to 3-inch depth (up to 200 5,000 SF $ SF $
Square Feet(SF))
EVAC 12.5mm as specified by C.A.
24 @ up to 3-inch depth (greater than 5,000 SF $ SF $
200 Square Ft(SF))
25 EVAC 19mm AC @ 3— depth 5,000 SF $ SF $
COMPANY NAME:
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BID FORM —CONT'D
ifa'r s
CONCRETE REPAIR SERVICES
�,'' IFB# 18PB006
,..
ITEM ANNUAL UNIT EXTENDED
NO. DESCRIPTION ESTIMATED PRICE PRICE
QUANTITY
LOT#1 CONCRETE REPAIR AND PLACEMENT — CONT'D
ADJUSTMENTS
26 Adjust to grade - manholes 3 EA $ EA $
27 Adjust to grade—valve boxes 3 EA $ EA $
28 Replace box and lid set, new—valve 3 EA $ EA $
boxes
29 Re-install monument marker per $ EA $
MAG 120-1 3 EA
EQUIPMENT RENTAL WITH OPERATOR
30 Backhoe (1/4 yd.) 40 Hours $ HR $
31 Loader(2-1/2 —3 yd.) 40 Hours $ HR $
32 Excavator 10 Hours $ HR $
33 Grade All 40 Hours $ HR $
34 Tractor with loader and grade Box 40 Hours $ HR $
35 Dump Truck 10or 12 wheel 40 Hours $ HR $
36 12' Grader 40 Hours $ HR $
37 Water Truck 40 Hours $ HR $
38 Vibrating Roller (9-11 ton) 40 Hours $ HR $
39 Skid Steer with Breaker 40 Hours $ HR $
40 Air Compressor with Breaker 40 Hours $ HR $
COMPANY NAME:
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BID FORM —CONT'D
wa
4
CONCRETE REPAIR SERVICES
0 IFB# 18PB006
ITEM ANNUAL UNIT EXTENDED
NO. DESCRIPTION ESTIMATED PRICE PRICE
QUANTITY
LOT#2 MISCELLANEOUS CONCRETE REPAIR AND PLACEMENT— CITY WIDE
These items are at various locations throughout the City and may take less than three (3) yards of
concrete to repair or replace. This work will be directed by COS inspection staff.
These items are required to be completed within sixty (60) days of notification. These items are
in support of Water Department repairs made to water/ utilities.
1 Install COS Detail 2228 cut off wall 120 LF $ LF $
Saw Cut, Remove and Replace M.U.P.
2 COS Standard Detail 1,000 SF $ SF $
Saw cut, Remove misc. slab concrete
3 up to 5"thick 600 SF $ SF $
Saw Cut, Remove misc. slab concrete
4 5"to 10"thick
600 SF $ SF $
5 Add Color- San Diego Buff(up to 2 lb.) 100 CY $ CY $
6 Install Catch Basin MAG Detail 537 1 EA $ EA $
7 Add Color- Brick Red (up to 4 lb.) 100 CY $ CY $
8 Remove and Replace Scupper Top 480 SF $ SF $
(Structural) MAG 206-1
9 Remove and Replace Catch Basin Top 480 SF $ SF $
(Structural) MAG 533-1
Remove and Replace Valley Gutter up 10 600 SF $ SF $
to 5" thick
Remove and Replace Valley 5" to 10"
11 thick 600 SF $ SF $
12 Remove and Replace MAG Detail 550 480 SF $ SF $
Spillway inlet and outlet
COMPANY NAME:
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BID FORM —CONT'D
ter
CONCRETE REPAIR SERVICES
IFB# 18PB006
PREMIUM COMPENSATION - Night / Weekend Work: It is anticipated that most work will be
performed during daytime hours from 6:00 AM to 5:00 PM. Premium compensation for night and
weekend work shall be bid as a multiplier factor to be applied to individual unit costs on each bid item
used. Premium compensation will not be paid when the contractor chooses to work nights or
weekends to facilitate progress. No additional compensation will be permitted for weekend work.
EXTENDED
LOT DESCRIPTION AMOUNT
APPLIES Premium Compensation Rates for work shall be bid as a multiplier factor
TO LOTS to be applied to individual unit cost for each bid item. °
1 and �0
The contract must provide this multiplier factor to be stated as a
(ONLY) percentage %.
**TAXES
1. Do not include any use, or federal excise tax in your bid. The City is exempt from the payment
of federal excise tax and will add use tax as applicable.
ADDENDA
The Bidder hereby acknowledges that his bid/proposal pricing is based on all of the addenda that were
issued by the City prior to opening of this bid/proposal.
NO BID: If no bid please state reason:
If Applicable, Contractor's License Number and Classification:
COMPANY NAME:
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REFERENCES
/34'-----C1),4
/. ' z ' 4,\ CONCRETE REPAIR SERVICES
t*
IFB# 18PB006
List minimum of three (3) Arizona customers, excluding the City of Scottsdale, for whom your company
has provided service(s) of a similar scope as this Invitation for Bid, during the past three years. Include
the length of any contracts listed. Bidders may make multiple copies of this document as needed.
The following questions are asked to enable the evaluation team to assess the qualifications of Bidders
under consideration for final award. This information may or may not be a determining factor in award
of this solicitation.
Company Name:
Company Address:
City/State/Zip:
Contact Person: Telephone#:
Email: Date of Service:
Type of Service Provided:
Company Name:
Company Address:
City/State/Zip:
a Contact Person: Telephone#:
Email: Date of Service:
Type of Service Provided:
Company Name:
Company Address:
City/State/Zip:
Contact Person: Telephone#:
Email: Date of Service:
Type of Service Provided:
YOUR COMPANY NAME:
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SUBCONTRACTOR'S LIST
I
CONCRETE REPAIR SERVICES
, IFB# 18PB006
A
COMPANY NAME:
If any Bidder intends to subcontract any portion of this contract, the Bidder must submit the name,
address, license number (if applicable) of each subcontractor including the extent of such
subcontracting and include with bid submittal documents. (Bidder may supply additional pages as
needed to identify all subcontractors).
NAME: LICENSE:
ADDRESS:
CONTACT PERSON/TELEPHONE#:
EMAIL ADDRESS:
EXTENT OF WORK:
NAME: LICENSE:
ADDRESS:
CONTACT PERSON/TELEPHONE#:
EMAIL ADDRESS:
EXTENT OF WORK:
NAME: LICENSE:
ADDRESS:
CONTACT PERSON/TELEPHONE#:
EMAIL ADDRESS:
EXTENT OF WORK:
NAME: LICENSE:
4
ADDRESS:
CONTACT PERSON/TELEPHONE#:
EMAIL ADDRESS:
EXTENT OF WORK:
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BIDDER GENERAL DISCLOSURE FORM
(7,‘i i
l CONCRETE REPAIR SERVICES
fz-i,!' „Ay C-*,-,:4
i;*�'. ;"� IFB # 18PB006
\Q:Xc10.,.
Bidder shall respond to each of the questions below by checking the appropriate box and provide
supplemental information as needed. Failure to fully and truthfully disclose the information required by
this disclosure form may result in the disqualification of your submittal from consideration or termination
of the contract, once awarded.
Debarment/Suspension Information — Has the Respondent or any of its principals been debarred or
suspended from contracting with any public entity?
YES NO
If"YES", in an attachment to this form identify the public entity and the name and current phone number
of a representative of the public entity familiar with the debarment or suspension, and state the reason
for or circumstances surrounding the debarment or suspension, including but not limited to the period of
time for such debarment or suspension.
.:k >¢ 5 0_a � ,.>., ava:ro.o a'"'a (.... �� ,, sz.... �.. �z.gz....a�n ,a as .,:'�.. �'ox::
.sea''.a,,. a;9`'�axs'.,?xo kS,�$A`"sa ,: 6 wo 'K" ,5"'W:.�ri y,g, al ' roa` ,,:,..
:,r ,,,yy;,:,r :Z. "w s�'".o. w .irOitF a�' v '�a aez,.,..,,Sot " ,,;k�s: ',;,<`,w,,.k�x"�'"`.L�i C `f `�.y... ,•:�;.: ia.`��i,e'R
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�.:o `?c.,..., ...\o .i >a„.3.. Y:* �u o<: w:,k.;.u.,.",.,ai,. a �+ oS. ^:`�asv:ioo <,.sa" , i
•':J�e. . e$�.�u..,x:, :�J..�g.� �.':�. o.,?iwaCke?. ".:� ��S?' �<°'�', a.:v
w....<;"„. s�z'*°S`o. c.......... ..:...� � ,.,.:. :"i<�:`"';. .a a .... yg�... o.;.:e�. .vk;s...�6`a�`.��a.. ?°ja.3.`o:.o°.,,.',a.s^o @a:. �"!a.�::
.::... :. ... ..�.:..o"..k..o.:'3e..�,xa°.. ....w�..�.�v`.,a..�'...,.,..,..,.ee�F a,.o.a� .. .. .�: ..;od:, �,a.:bo.,ff;...) ..4 ,xc,::,4.,:...,..,,o�\.a,..,,,,..........................:..�„`'..fa,.a.�o� .�`°d"w a ... ..................................... ... ..z..n.. .4 R. .fi :.:: :.8:.::°.:wo.;..
,
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,..:, ,,, ,, ,, ,, ,,,..:,,: � ,:,.,,. :.�...,,,,�,,,,�,:,�,:... ,,,._.:,.: ,,.,,..,:�..,.....,.......,,. ,,... ..._..._._ _...._...:. .............>�'' ,.,�,.�,� � ,<,.�; _... ....... _......:..ma`s c�``:.a..
Surety Information — Has the Respondent or any of its principals ever had a bond or surety cancelled
or forfeited?
YES NO
If"YES", in an attachment to this form identify the name of the bonding company, date, amount of bond
and reason for such cancellation or forfeiture.
Bankruptcy Information — Has the Respondent or any of its principals ever been declared bankrupt or
filed for protection from creditors under State or Federal proceeding in the last seven (7) years?
YES NO
If"YES", in an attachment to this form identify the date, court, jurisdiction, case number, amount of
liabilities and amount of assets.
Signature Title
I Printed Name Date
COMPANY NAME:
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1
BIDDER LITIGATION DISCLOSURE FORM
ilft-1,1,
ii,,,,,,,
CONCRETE REPAIR SERVICES
'" IFB# 18PB006
Bidder shall respond to each of the questions below by checking the appropriate box and provide
supplemental information as needed. Failure to fully and truthfully disclose the information required by
this disclosure form may result in the disqualification of your submittal from consideration or termination
of the contract, once awarded.
Have you or any member of your Firm or Team to be assigned to this contract ever been indicted or
convicted of a felony or a misdemeanor involving theft or moral turpitude in the last five (5) years?
YES NO
Have you or any member of your Firm or Team to be assigned to this contract ever been terminated
(for cause or otherwise) from any work being performed for the City of Scottsdale or any other Federal,
State or Local Government?
YES NO
Have you or any member of your Firm or Team to be assigned to this contract ever been involved in
any claim or litigation with the City of Scottsdale or any other Federal, State or Local Government
during the last ten (10) years?
YES NO
If you answered "YES", to any of the above questions, in an attachment to this form, please indicate the
name(s) of the person(s), the nature, and status and/or outcome of the information, indictment,
conviction, termination, claim or litigation, as applicable.
Signature Title
Printed Name Date
COMPANY NAME:
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BIDDER QUESTIONNAIRE —COMPANY INFORMATION
CONCRETE REPAIR SERVICES
IFB # 18PB006
COMPANY INFORMATION
Company Local Office Physical Address
Office Daytime Phone Number
Office Fax Number
Telephone Ordering Phone Number(s)
Company Email Address
Company Operating Hours (Monday— Friday)
Company Hours (Saturday)
NAME OF MAIN CONTACT
(assigned to this contract)
Office Phone Number of Main Contract
Cellular Phone Number of Main Contact
Email of Main Contact
NAME OF COMPANY MANAGER
Office Phone Number of Company Manager
Email of Company Manager
After Hour/Emergency Phone Number(s)
Signature
Printed Name:
Title
Company
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RECEIVED
SEP 2 7 /018
Purchasing
VINCON LLC
4. 4.
v ,4
k\
9191 E. San Salvador Dr.
Scottsdale,AZ 85258
September 26,2018
Troy Colby
Vincon Engineering Construction, LLC
1831 N Rochester
Mesa,AZ 85205
Re: Contract: Contract#18PB006
Concrete Repair Services
Dear Mr.Colby:
Pursuant to your letter dated September 13,2018 and the contract terms and conditions,the City
of Scottsdale hereby extends Contract#18PB006 for Concrete Repair Services for a period of
one(1)year. All terms and conditions shall remain the same. Updated pricing is attached.
Contract terms and conditions require current certificates of insurance for Commercial General
Liability, Vehicle Liability, and Workers Compensation/Employer's Liability be on file with the City
of Scottsdale. The certificate(s) provided shall list the City of Scottsdale, its agents,
representatives, officers, directors, officials and employees as an additional insured and
certificate holder, and include a waiver of subrogation against the City of Scottsdale. Per
contract terms and conditions the following MINIMUM amounts of coverage are required:
Commercial General Liability: $1,000,000 each occurrence
$2,000,000 Products-Completed Operations Aggregate
$2,000,000 General Aggregate
Current certificate on file valid through 12/31/2018
Vehicle Liability Insurance: $1,000,000 each accident
Current certificate on file valid through 12/31/2018
Workers Compensation and $100,000 each accident
Employer's Liability Insurance: $100,000 Disease each employee
$500.000 Disease policy limit
Current certificate on file valid through 1/1/2019
Please email, fax or mail to my attention a current ACORD Certificate of Liability
Insurance that covers all of the insurance requirements that are indicated above as being
EXPIRED OR MISSING. Please make sure that the certificate(s) supplied lists the City of
Scottsdale, its agents, representatives, officers, directors, officials and employees as an
additional insured and certificate holder, include a waiver of subrogation against the City
of Scottsdale, and a reference to the Contract Number 18PB006, Copies of the insurance
certificates should also be sent to the Contract Administrator.
1
PRICING FOR CONTRACT EXTENSIOI #1 (11t1OI2O18-11l9l2O19)
LOT#1 CONCRETE REPAIR AND PLACEMENT
ITEM DESCRIPTION
NO. UNIT PRICE
1 Saw cut, Remove and Replace Curb and Gutter $26.27 LF
2 Saw cut, Remove and Replace Sidewalk $5.41 SF
3 Saw cut, Remove misc. curb and or gutter $7.21 LF
4 Remove and Replace Driveway @8"thick $9.17 SF
5 Install COS Detail 2240 Valley Gutter $6.49 SF
6 Install COS Detail Apron $9.01 SF
7 Vertical Curb 6"x6" $9.27 LF
8 Remove and reset Sidewalk Pavers $7.21SF
9 Remove and reset Crosswalk Pavers $7.21SF
10 Extra surface charge for Exposed Aggregate $2.06 SF
11 Extra surface charge for Stamped Concrete $1.03 SF
12 Vertical Curb 6"x12" $10.30 LF
13 Remove and Replace ADA Ramp COS Standard @ 8"
thick $11.33 SF
Remove and Replace ADA Ramp @MAG Standard 4"
14 $10.04 SF
thick
15 Truncated Domes Red, Brown or Yellow $25,75 SF
16 Concrete Pump(line pump per day) $772.50 LS
17 Concrete Pump(boom pump per day) $1,545.00 LS
18 Shotcrete (cubic yard) $257.50 YD
19 Relocate Sign, Base and post(sign supplied by COS) $1,030.00 EA
20 Horizontal Curb Cut $16.48 EA
Grade and Erosion /Backfill Repair(to repair along the
21 edge of MUP; sidewalk and shoulders) $2t}•60 CY
3
PRICING FOR CONTRACT EXTENSION #1 (11/10/2018-11/9/2019)
LOT#2 MISCELLANEOUS CONCRETE REPAIR AND PLACEMENT—CITY WIDE
1 Install COS Detail 2228 cut off wall $36.05 LF
Saw Cut, Remove and Replace M.U.P. COS Standard
2 Detail $10.30 SF
Saw cut, Remove misc. slab concrete
3 up to 5"thick $3.61 SF
Saw Cut, Remove misc. slab concrete
4 . 5"to 10"thick $6.18 SF
5 Add. Color San Diego Buff(up to 2 lb.) $61.80 CY
6 Install Catch Basin MAG Detail 537 $3,605.00 EA
7 Add Color-Brick Red (up to 4 lb.) $82.40 CY
8 Remove and Replace Scupper Top(Structural) MAG 206-1 $36,05 SF
Remove and Replace Catch Basin Top(Structural) MAG
9 533-1 $36,05 SF
10 Remove and Replace Valley Gutter up to 5" thick $7.21 SF
11 Remove and Replace Valley 5"to 10"thick $12.36 SF
Remove and Replace MAG Detail 550 Spillway inlet and
$8.24 SF
12 outlet
PREMIUM COMPENSATION - Night/ Weekend Work: It is anticipated that most work will be
performed during daytime hours from 6:00 AM to 5:00 PM. Premium compensation for night and
weekend work shall be bid as a multiplier factor to be applied to individual unit costs on each bid
item used. Premium compensation will not be paid when the contractor chooses to work
nights or weekends to facilitate progress. No additional compensation will be permitted for
weekend work.
EXTENDED
LOT DESCRIPTION AMOUNT
APPLIES Premium Compensation Rates for work shall be bid as a multiplier
TO LOTS 1 factor to be applied to individual unit cost for each bid item.
30%
and 2 The contract must provide this multiplier factor to be stated
(ONLY)
as a percentage %.
5