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LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND VIASUN CORPORATION THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this day of »20 , between the City of Glendale, an Arizona municipal corporation (the “City”), and Viasun Corporation, an Arizona corporation (“Contractor”), collectively, the “Parties.” RECITALS On June 27, 2018, under the S.A.V.E. Cooperative Purchasing Agreement, Pinal County, AZ entered into a contract with Contractor to purchase the goods and services described in the Job Order Contract No. 175623 JOC Civil Construction Services (“Cooperative Purchasing Agreement”), which is attached hereto as Exhibit A. The Cooperative Purchasing Agreement permits its cooperative use by other governmental agencies including the City. Section 2-149 of the City’s Procurement Code permits the Materials Manager to procute goods and services by participating with other governmental units in cooperative purchasing agreements when the best interests of the City would be served. Section 2-149 also provides that the Materials Manager may enter into such cooperative agreements without meeting the formal or informal solicitation and bid requirements of Glendale City Code Sections 2-145 and 2-146. The City desires to contract with Contractor for supplies or services identical, or nearly identical, to the supplies or services Contractor is providing other units of government under the Cooperative Purchasing Agreement. Contractor consents to the City’s utilization of the Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to enter into this Agreement to provide the supplies and services set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and the covenants and promises contained in this Linking Agreement, the parties agree as follows: 1. Term of Agreement. ‘The City is purchasing supplies and/or services from Contractor pursuant to the Cooperative Purchasing Agreement. According to the Cooperative Purchasing Agreement, purchases can be made by governmental entities from the date of award, which was June 27, 2018 until June 26, 2022. The initial period of this Agreement, therefore, is the petiod from the Effective Date of this Agreement until June 22, 2022. The City may renew the term of this Agreement for an additional one (1) year period if the Cooperative Purchasing Agreement is extended. The Agreement expires on June 26, 2023 and cannot be further extended. The Renewal is not automatic and shall only occur if the City gives the Contractor notice of its intent to renew. The City may give the Contractor notice of its intent to renew 1/29/18 this Agreement 30 days prior to the anniversary of the Effective Date to effectuate such renewal. Scope of Work: Terms, Conditions, and Specifications. A. Contractor shall provide City the supplies and/or services identified in the Scope of Work attached as Exhibit B. B. Contractor agrees to comply with all the terms, conditions and specifications of the Cooperative Purchasing Agreement. Such terms, conditions and specifications are specifically incorporated into and are an enforceable part of this Agreement. Compensation. A. City shall pay Contractor compensation at the same rate and on the same schedule as provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C. B. The total amount for all supplies and/or services purchased under this Agreement shall not exceed $5,000,000 dollars or $1,000,000 dollars per work/job order assignment per attached JOC (Exhibit A). Cancellation. ‘This Agreement may be cancelled pursuant to A.R.S. § 38-511. Non-discrimination. Contractor must not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran status or any disability. Contractor will require any Sub-contractor to be bound to the same requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants compliance with this section. Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the City prior to the Effective Date. E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of A.R.S. § 41-4401. No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393. Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an officer of Contractor with oversight responsibility. 1/29.18 > 10. Notices. Any notices that must be provided under this Agreement shall be sent to the Parties respective authorized representatives at the address listed below: City of Glendale c/o David Beard, City Engineer 5850 W. Glendale Avenue Glendale, Arizona 85301 623-930-3630 and Viasun Corporation c/o Zach Figueroa 3621 E. Superior Ave Phoenix, AZ 85040 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set forth above. “City” “Contractor” City of Glendale, an Arizona Viasun Corporation municipal corporation an Arizona Corporation By: By: Se Kevin R. Phelps Name: Zach Figueroa City Manager Title: Vice President ATTEST: Julie K. Bower (SEAL) City Clerk APPROVED AS TO FORM: Michael D. Bailey City Attorney 1/29.18 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND VIASUN CORPORATION EXHIBIT A Job Order Contract 175623 — Civil Construction Services Viasun Offer and Acceptance 1/29.18 PINAL COUNTY Contract Amendment Contract 175923ROQ Amendment # 3 Procurement Officer: Lorina Gillette Lorina.Gillette@ pinal.gov Pinal County Finance Department 31N. Pinal Street, PO Box 1348 Florence, AZ 85132 520-866-6526 JOC Asphalt Maintenance & Repair Services Contactor Name: Viasun Corporation Pursuant to Section 4 (Contract Term, Extension, Price Adjustment) the above referenced contract shall be amended as follows: 1. Theterm of this contract is hereby extended through June 26, 2022. 2. Allother Terms, Conditions, and Pricing remain the same. Pinal County hereby executes its right to unilaterally amend the above referenced contract on this date. x 06/09/2021 Date Stephen Q. Mil€r, Chairm Pinal County Board of Supervisors PINAL COUNTY Contract Amendment Pinal County Finance Department Contract 175923ROQ 31N. Pinal Street, PO Box 1348 Amendment # 2 Florence, AZ 85132 Procurement Officer: Lorina Gillette Lorina.Gillette@ pinal.gov 520-866-6526 JOC Asphalt Maintenance & Repair Services Contactor Name: Viasun Corporation Pursuant to Section 4 (Contract Term, Extension, Price Adjustment) the above referenced contract shall be amended as follows: 1. The term of this contract is hereby extended through June 26, 2021. 2. Allother Terms, Conditions, and Pricing remain the same. Pinal County hereby € its right|tp unilaterally amend the above referenced contract on this date. X X_5/6/2020 Anthony Smith, Chairman Date Pinal County Board of 0 aa Contract 173923ROQ » ie Offer and Acceptance Pinal County Finance Department “Pye 31 N. Pinal'st, Bldg. A PINAL COUNTY P.O. Box 1348 WIDE QPEN QPRANTONTTY Florence, AZ 85132 “OFFER AND. AGGEPTANCE FORM TO'PINAL ‘COUNTY: The undeysoned hereby offers and agrees to furnish the material, service, or construction in compliance with all-terms, sonditions , Specifications, and, adments.in the Solicitation, Vis President’ Aythorized onktuyy f. Title * Rolando Perez 5/9/48" Printed Name ‘y Date Viasun Corporation /y 480-268-9669 ¥: Gompany Name Telephone 3621 E. Superior Ave.. Phoenix, Arizona 85046: Address City, State, Zip For clarificationof this-offer,:contact® Name;__ Rolando Perez Phone;__480-495-8476 Fax;_ 480-223-6295 Emaily __ Rolando@viasuncorp.com: . , Available onlineat - http://pinalcountyaz.gow/Purchasing!Pages/CurrentSolicitations.aspx Solicitation No: 173923 Page 35 of 37 a . ACC , Pinal County é Offer and Acceptance Fingal County ae 34 Nia St. PINAL COUNTY P.O. Box 1348 YIDE.OPES OPPORTUNITY Florence, AZ.85132 OFFER AND.ACCEPTANCE-FORM — Page 2 By- signing the previous: page of the Offer arid. Acceptance Form, Responder certifies: A. The.submission of the’bid did not involve collusion or other:ariticompetitive practices, B. The Responder shall :riot discriminate against.any employee: of applicant for employment in violation of.Federal Executive Order 11246. C. The: Responder has not-given, ‘offered to.give,‘nor'intends to:give at any" time hereafter, .any-economic opportunity, ‘future employment,-gift; loan, gratuity, special discount, trip, favor; of sérvice-to-a public: servant in: connection with the: ‘Submittal. D. ‘The-Responder-certifies that it complies with’ Executive Order12549 rélated'to Fedéral:Government Debarment and “Suspension (see-4-7) £. The Responder -certifies:that:ihe individual Signing the bid isan authorized agent. forthe Responder and has the ‘Authority to bind them:to thé contract. Viasun.Corporation Company. Name: of Rolando Perez; ‘ore Sonate f! : ‘Solicitation No: 173923 4 Available online-at Page'36 of 37 tts /Ipinalcountyaz-govPurchasing/Pages/CurrentSoliitations. aspx Finance Department 6; ROQ-175623 Pinal County JOC Civil Construction 31 N. Pinal St. . ig. PINAL COUNTY Services P.O. Box 1348 WIDE OPEN OPPORTUNITY Florence, AZ 85132 NOTICE OF REVIEW OF QUALIFICATIONS Designated Agency: PINAL COUNTY PUBLIC WORKS DEPARTMENT Material or Service: JOC CIVIL CONSTRUCTION SERVICES Contract Type: FIRM FIXED PRICE Contract Period: ONE (1) YEAR INITIAL TERM FOUR (4) ONE-YEAR RENEWAL OPTIONS Pre-Submittal Conference: N/A Question Due Date: BY 5:00 PM ARIZONA TIME ON MAY 2, 2018 Solicitation Due Date: BY 2:00 PM ARIZONA TIME ON MAY 16, 2018 Number of Copies Required: ELECTRONIC SUBMITTAL Solicitation Opening Date: BY 2:15 PM ARIZONA TIME ON MAY 16, 2018 Solicitation Opening Location: 31 NORTH PINAL STREET BUILDING A FLORENCE, AZ 85132 Procurement Officer Contact Name: LORINA GILLETTE, CPPB Telephone: (520) 866- 6639 Fax: (520) 866- 2903 E-mail: Lorina.Gillette@pinalcountyaz.gov ae . Available online at Solicitation No: 173923 | se hindleauriyae genie etree tone’ Gun giiSekesione: ens Page 1 of 37 3 Table of Contents Pinal County Finance Department 31 N. Pinal St. Bldg. A PINAL COUNTY P.O. Box 1348 WIDE OPEN OPPORTUNITY Florence, AZ 85132 SOLICITATION DOCUMENTS SCOPE OF WORK.. 3 DEFINITIONS 8 SPECIAL INSTRUCTIONS...... gosvesoecscesnpgyecepsoetoneaseBRessovers GessassaesssevossessesossoseeDenssnsssseeanenes p. 1 UNIFORM INSTRUCTIONS. .............0.:::ecceeceeeseeeeseeeecceseeeuuusescseeeecssssaeeeceseueceeeseueesneneeeeceses p. 14 TERMS AND CONDITIONS. ...........00.:00:ccccceeeeeeesceeeeeecteneeeeeenaeseeseneeestecsenaes Fo sesesseefaeecseee p. 19 ADDENDUM ACKNOWLEDGEMENT FORM. ..............0.0:cccccceceeeceeeseeeseeneeseescesaeesteesenseeseneee p. 32 W-Q FORM. .o.cccccccccccsessececcscscscsceecasseseeseesesessuaesaeecsenenenesceseeeaeecseenseecsseseeseeeceeseeseeeateceeeas p. 33 RESPONDERS CHECKLIST.........0....00ccccccccccseeseeseesaccsecaeecseeeaecenesaeeeeecaeecseeenereecnaaeceeaenees p. 34 OFFER AND ACCEPTANCE FORM. ...............0...:00:ccccsseesecessccceeeseeseeaeesereeessenanecenteesnneetenee p. 35 EXHIBITS AND ATTACHMENTS Attachment A — Bonfire Submission Instructions for Suppliers END OF SOLICITATION Solicitation No: 173923 , Available online at Page 2 of 37 ittp://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx PINAL COUNTY P.O. Box 1348 Pinal County Finance Department Statement of Work 31 N. Pinal St. Bldg. A WIDE OPEN OPPORTUNITY Florence, AZ 85132 1.2 INTRODUCTION Purpose and Description Pinal County Public Works (County) is seeking experienced Contractors to provide Civil Construction Services on an as- needed basis at various project locations throughout the County utilizing the Job Order Contracting (JOC) project delivery method. It is the intent of the County to select four (4) contractors for contract award. The initial term of the JOC will be for a minimum of one (1) year and may be renewed up to four (4) additional one-year terms. Renewal of the contract will be at the sole option of the County and be based on the successful performance of the JOC Contractor and the needs of the County. The individual job order assignment maximum amount is $1,000,000. It is the County's intent to enter into a cost plus fee structure. During the term of the JOC, work is performed as a series of individual job orders assignments. Individual projects may require the expenditure approval of the Pinal County Board of Supervisors. Each job order assignment, initiated by the owner, is defined cooperatively by the owner and contractor. A scope, schedule and price are negotiated and agreed upon. Then the contractor is directed to proceed with the work. Job Order Contracting may include design services, pre-construction services, construction work, maintenance and as-built documents. This JOC is issued to assist the County with general civil construction services related to major and minor civil construction projects. Interested contractors will have the ability to show related experience and a proven track record in projects of the same nature and magnitude. The selected contractors will be expected to deliver turnkey projects, including all permitting and regulatory requirements. The Public Works department will identify projects throughout the fiscal year that may include, but are not limited to: e Civil Construction, Reconstruction and Rehab Program e Major Street Repairs e Street Maintenance Program e Dirt Shoulders, Dust Abatement PM-10 Program ¢ Flood Control Program e Traffic Contro! & Engineering Program The County has elected to use the JOC delivery method for these projects as outlined under A.R.S. Title 34. Cost effective construction in the shortest possible time frame and within the County’s tolerance of financial risk will be the guiding principles behind the projects. Cooperative Purchasing This contract shall be for the permissive use by Pinal County. The County has entered into various cooperative purchasing agreements with other Arizona government entities in order to conserve resources, reduce overhead and purchase costs and improve delivery time. The contract resulting from this Solicitation may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of the Contractor. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The County shall not be responsible for any disputes arising out of transactions made by others. SCOPE OF WORK Scope of Work The County maintains and constructs a network of civil infrastructure. The infrastructure includes, but is not limited to, paved streets, dirt roads, guardrails, parking areas, sidewalks, handicap ramps, curbs, gutters, trails, multi-use paths, park pavements, bridges, culverts, and basins. This JOC will be focused on the maintenance, repair and construction of such civil work within the public right of way. Work assignments may include but are not limited to, and the successful contractors shall have experience, knowledge and ability to accomplish the following tasks: 1. Obtain all necessary permits, required to complete the job order assignment, including but not limited to; Engineering Off-site, haul route, stockpile, SWPPP, dust control, traffic control plans, etc. 2. Placing asphalt pavements including full depth sections, overlays, patches and repairs. Solicitation No: 173923 , Available online at ttp://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 3 of 37 2.2 2.3 PINAL COUNTY P.O. Box 1348 6: Pinal County aS Finance Department ne Statement of Work 31 N. Pinal St. Bldg. A WIDE OPEN OPPORTUNITY Florence, AZ 85132 3. Pavement maintenance and rehabilitation; including but not limited to; crack sealing and joint sealing, crack routing and large crack repair, applying various types of surface treatments including fog seal, scrub seal, slurry seal, chip seal, other asphalt rejuvenation methods, milling and/or roadway profiling, saw cutting and removing both asphalt and concrete pavements. 4. Subgrade preparation including compacting native soil, placing and compacting ABC, millings, soil stabilization and grading. Earthwork: site rough and finishing grade. Stamped, painted and thermoplastic decorative asphalt. Replacing, removing, retro-fitting and/or placing concrete pavements including curb and gutter, driveways, roadways, handicap ramps, sidewalks, culverts, boxes, hard-scape features, and brick pavers. 8. Replacing, removing, retro-fitting and/or placing ADA accessible features including handicap ramps and other improvements to meet ADA requirements. 9. Preparing traffic control plans, providing traffic set-up in accordance with the approved traffic control plans and barricading work areas. 10. Bikeways, multi-use paths: concrete, asphalt, granite, natural materials. 11. Maintaining shoulders including grading, placement of surface treatment and sealing. 12. Flood Control construction, maintenance, and repair items including, but not limited to, bridges, culverts, channels, basins, grading, erosion control, vegetation and sediment removal, and concrete structures. 13. Fabricating, installing, removing, maintaining and surveying traffic control devices listed in the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD, Federal Highway Administration) and the current edition of the Arizona Supplement to the MUTCD (Arizona Department of Transportation). To include but not limited to, signing and striping including, survey of existing striping and signage, providing and installing project signs, obliteration of striping, layout and installing striping, symbols, raised pavement markers and signage, traffic control signal systems, traffic loop detection, vaults, controllers and warning lights and signs. Project Information The successful JOC contractors will have documented established successful work relationships with various qualified subcontractors and knowledge of JOC project delivery methods. The specific work associated with each job order assignment shall be mutually agreed upon and issued by the County. For any project determined by the County to be appropriate for this Job Order Contract, the County will request that the contractor prepare a scope of work, cost proposal, project schedule and back-up supporting documentation. If acceptable, the County will issue a Purchas Order, at which time the parties will execute an individual job order assignment specifying the cost and completion schedule for that project. Although the County anticipates that the JOC Contractor will be issued work, the Contractor is neither guaranteed a minimum amount of work nor any jobs at all. The County reserves the right and will issue job order assignments based on ability of the contractor to meet the County's work schedule and the availability of trades and expertise in relation to each project. All construction shall conform to the latest version of the Uniform Standard Specifications and Details for Public Works Construction published by the Maricopa Associate of Governments (MAG), Standard Specifications and Details for Road and Bridge Construction published by Arizona Department of Transportation (ADOT), Manual on Uniform Traffic Control Devices (MUTCD) published by Federal Highway Administration (FHWA), , and the construction documents (plans and specifications) associated with each Job Order assignment. Work Authorization Any Work required under this Contract shall be authorized by issuance of formal, written Job Order Purchase Orders as follows: 2.3.1 As the need exists (as determined by the County) for performance under the terms of this Contract, the County will notify the Contractor of an existing requirement. 2.3.2 Upon the receipt of this notification, Contractor shall respond within two (2) working days, or as otherwise agreed, by: Solicitation No: 173923 , Available online at ttp://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 4 of 37 PINAL COUNTY P.O. Box 1348 WIDE OPEN GPEORTUNITY Florence, AZ 85132 Pinal County Finance Department Statement of Work 31 N. Pinal St. Bldg. A 2.3.3 2.3.4 2.3.5 2.3.6 2.3.7 2.3.2.1 Visiting the proposed site in the company of County staff, or; 2.3.2.2 Establishing contact with the County to further define the scope of the requirement. After mutual agreement on the scope of the individual requirement, Contractor shall then prepare a proposal for accomplishment of the task unless Contractor, in its sole discretion, elects not to undertake the Work. If the Work is declined, Contractor will so notify the County in a timely manner. The price matrix shall serve as the basis for establishing the value of the Work to be performed. Contractor’s proposal shall be submitted within ten (10) working days unless otherwise agreed. Upon receipt of the Contractor’s proposal, the County will review the proposal for completeness and will reach agreement with Contractor on pricing, schedule and all other terms, prior to issuance of a Job Order Purchase Order. In the event the County does not issue a Job Order Purchase Order after receipt of the Contractor's proposal, the County is not obligated to reimburse the Contractor for any costs incurred in the preparation of the proposal, except as noted in §2.4.3 2.4. Scheduling of Work 2.4.1 2.4.2 2.4.3 2.4.4 245 For each Job Order Purchase Order, the County will issue a Notice to Proceed. The first day of performance under a Job Order shall be the effective date in the Notice to Proceed. Any preliminary work started or material ordered or purchased before receipt of the Notice to Proceed shall be at the risk and expense of the Contractor. Contractor shall diligently prosecute the Work to completion within the time set forth in the Job Order Purchase Order. The period of performance includes allowances for mobilization, holidays, weekend days, normal inclement weather, and cleanup. Therefore, claims for delay based on these elements will not be allowed. When Contractor considers the Work complete and ready for its intended use, Contractor shall request the County to inspect the Work to determine the status of completion. A minimum of 30 days prior to Final Completion the Contractor, in conjunction with the County, shall prepare a comprehensive list of Punch list items, which the County may edit and supplement. The Contractor shall proceed promptly to complete and correct Punch list items. Failure to include an item on the Punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Items on the Punch list must be completed or corrected prior to final payment for the Job Order. Contractor shall proceed promptly to complete and correct items on the list. Two year warranties required by the Contract Documents shall not commence until the date of Final Completion unless otherwise provided in the Contract. Job placement of materials and equipment shall be made with a minimum of interference to County operations and personnel. Furniture and portable office equipment in the immediate work area will be moved by Contractor and replaced to its original location. !f the furniture and portable office equipment cannot be replaced to its original location, the County will designate new locations. If furniture and portable office equipment (or other items) must be moved and/or stored outside the immediate area, the County will compensate the Contractor for any such transportation and storage costs incurred. Contractor shall take all precautions to ensure that no damage will result from its operations to private or public property. All damages shall be repaired or replaced by Contractor at no cost to the Owner. Contractor shall be responsible for providing all necessary traffic control, such as street blockages, traffic cones, flagmen, etc., as required for each Job Order Purchase Order. Proposed traffic control methods shall be submitted to the County for approval. 2.5 Quality Assurance/Quality Control Program 2.5.1 Contractor shall submit, for County approval, a Quality Assurance/Quality Control Plan within fifteen (15) calendar days after issuance of the initial Job Order Purchase Order. This plan should address all aspects of quality control Solicitation No: 173923 Page 5 of 37 Available online at ttp://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Pinal County Finance Department Statement of Work 31 N. Pinal St. Bidg. A PINAL COUNTY P.O. Box 1348 WIDE OPEN OPPORTUNITY Florence, AZ 85132 2.6 27 2.8 Design 2.6.1 2.6.2 2.6.3 including responsibility for surveillance of work, documentation, trend analysis, corrective action and interface with County inspectors. In accordance with the provisions of ARS § 34-602 & 603, the County may require the Contractor to contract with one or more Design Professionals to provide architectural or engineering design of the Project. As an alternative to §3.6.1 and in accordance with the provisions of ARS §34-602 & 603, the County may elect to contract separately with one or more Design Professionals to provide architectural or engineering design of the Project. Whether the County or the Contractor contracts with the Design Professional, it is expected that some or all of the following services will be provided during the performance of the work: 2.6.3.1 The Design Professional will provide administration of the work. The County and Contractor will endeavor to communicate through the Design Professional. Communications by and with the Design Professionals’ consultants will be through the Design Professional. 2.6.3.2 The Design Professional will visit the Site at intervals appropriate to the state of construction to become generally familiar with the progress and quality of the completed work and to determine in general if the work is being performed in accordance with the contract documents. The Design Professional will keep the County informed of progress of the work and will endeavor to guard the County against defects and deficiencies in the work. 2.6.3.3 Upon the Contractor's submittals, the Design Professional will review and approve or take other appropriate action on submittals as Shop Drawings, Product Data and Samples. 2.6.3.4 All drawings produced for projects under this contract are the property of the County and are owned in whole by the County for any and all future use and consideration. Project As-Builts 2.7.1 2.7.2 2.7.3 An individual Job Order's scale, complexity and proximity to agency right-of-ways will determine the specific as-built requirements for each individual job order project. Unless otherwise determined at the time of the job order award that project as-builts will not be required, the Contractor shall assume that they must satisfy the as-built requirements of the County as the permitting agency and the County as the project owner. For river trail and trailhead projects, additional as-built requirements may be imposed by the Flood Control District of Pinal County and the Arizona Department of Transportation. To satisfy the requirements of Pinal County as the permitting agency, the Contractor shall retain the services of an Arizona Registered Land Surveyor to as-built the constructed conditions of all grading, drainage, hardscape and underground utility civil improvements. To satisfy the requirements of the County as the owner, the Contractor shall prepare industry standard redline as-built drawings on a clean print of the construction documents or relevant shop drawing. The Contractor shall neatly mark and post to these drawings any clarifications or scope changing documents issued by the design professional and shall neatly mark the drawings to indicate variances from the designed conditions. The Contractor shall submit the as-built documents to the job order project manager for review, correction and approval sufficiently in advance of Final Completion. Utility Company Coordination 2.8.1 Unless specifically excluded by the individual Job Order Agreement, the Contractor will be responsible for coordinating with utility design work for permanent service to the project and will ensure that the work takes place in a timely manner and does not impact the project schedule. Any utility design fees for permanent services to a project will be paid by the County. Solicitation No: 173923 , Available online at ttp://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 6 of 37 Pinal County Finance Department Statement of Work 31N. Pinal St PINAL COUNTY P.O. Box 1348 WIDE OPEN OPPORTUNITY Florence, AZ 85132 2.9 Temporary Sanitation Facilities 2.9.1. The Contractor shall provide ample toilet facilities with proper enclosures for the use of workmen employed on the work site. Toilet facilities shall be installed and maintained in conformity with all applicable state and local laws, codes, regulations and ordinances. They shail be properly lit and ventilated and kept clean at all times. 2.9.2 Adequate and satisfactory drinking water shall be provided at all times and under no circumstances and under no conditions will the use of common cups be permitted. The Contractor must supply sanitary drinking cups for the benefit of all employees. 2.10 Dust Control and Water 2.10.1 The dust control measures shall be in accordance with the requirements of the Pinal County Air Quality Control District Code of Regulations. Water or other approved dust palliative in sufficient quantities shall be applied during all phases of construction involving open earthwork to prevent unnecessary discharge of dust and dirt into the air. The Contractor shall be responsible for compliance with these regulations. A Notice to Proceed will not be issued until the County has received a copy of the Contractor's Dust Control Permit and Plan. 2.10.2 The Contractor shall be required to obtain the necessary permit and all pertinent information from the Pinal County Air Quality Department 31 N Pinal St, Bldg. F, Florence, AZ 85132 520-866-6929. 2.10.3. The Contractor shall keep suitable equipment on hand at the job site for maintaining dust control on the project streets, and shall employ sufficient labor, materials and equipment for that purpose at all times during the project to the satisfaction of the County. 2.10.4 Watering shall conform to the provisions of Section 225 of the MAG Standard Specifications. The cost of watering will be included in the price bid for the construction operation to which such watering is incidental or appurtenant. 2.11. Work by Owner 2.11.1. The County reserves the right to undertake or award Contracts for the performance of the same or similar type work contemplated herein, and to do so will not breach or otherwise violate the contract. , Available online at Solicitation No: 173923 ittp://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 7 of 37 PINAL COUNTY P.O. Box 1348 Pinal County Finance Department Definitions 31 N. Pinal St. Bldg. A WIDE OPEN OPPORTUNITY Florence, AZ 85132 1.4 1.2 1.3 1.4 1.5 1.6 1.7 1.8 DEFINITIONS. For this Contract certain words, phrases and terms shall have special meaning as defined herein. Furthermore, words used in the present tense shall include the future; words used in the singular shall include the plural; words in the plural shall include the singular; and words in the neutral or masculine gender are inclusive and do not in any way connote a specific gender. Bid Documents: The whole of the Invitation for Bid packet, which consists of all documents listed in the index of said bid packet and all Addenda thereto. Bid Price: Total amount quoted by bidder for performing the Scope of Work described in the Bid Documents Bid Form: The approved County form on which the bidder affixes an authorized signature certifying that the bidder has carefully reviewed the Scope of Work and is willing to perform said Scope of Work and furnish all labor, equipment and materials necessary to complete said Work for an amount not to exceed the bid price quoted. Bid Security: A cashier's check, certified check, or surety bond written by a surety holding a certificate of authority to transact surety business in Arizona, in the amount of ten percent (10%) of the total bid price to guarantee the bidder will enter into the contract if the bid is accepted and which is the agreed amount of liquidated damages in case of failure to enter into Contract or provide contract security. Bidder: An individual, partnership, firm, corporation, or any acceptable combination thereof, or joint venture responding to an Invitation to Bid by submitting a signed Bid. Board: Pinal County Board of Supervisors. Calendar Days: A period of time meaning consecutive days including Saturdays, Sundays and holidays. Change Order: Amendment of the Contract, Contract Documents or both, which is not effective until after approval by the Contractor and the Pinal County Board of Supervisors. Approval by the Board of Supervisors shall be in accordance with the provisions of paragraph 4 of the General Provisions of this contract. These changes include but are not limited to adding additional streets or roadway segments to the Scope of Work. Channel: A natural or artificial watercourse. Contract Administrator: Director of the Pinal County Department of Public Works, who reviews and approves recommendations for all contracts, change orders and pay estimates to the Board of Supervisors. Contract Bonds/Contract Security (Performance Bond and Labor and Material Payment Bond): The approved forms of security, furnished by the successful bidder/contractor the Contractors surety or sureties, guaranteeing the full and complete performance of the contract and all supplemental agreements pertaining thereto and the payment of all legal debts including the payment of all taxes pertaining to the Scope of Work. Contract/Contract Documents: The written instrument between Pinal and the contractor entitled “Contract Agreement” and the Bid Documents, as defined above, constitute the entire Contract/Contract Documents after (a) award of the Contract; (b) the successful bidder has furnished the required security and insurance and executed the Contract Agreement; (c) Pinal has accepted and approved the security; and (d) execution of the Contract Agreement by Pinal. Contract Time: The number of calendar days allowed for completion of the Contract, including authorized time extensions. If a specified completion date is shown in lieu of the number of working or calendar days, the contract time expires on that date and the Contract shall be completed on or before that date or the date of any authorized extension. Contractor: A bidder in whose favor the Pinal County Board of Supervisors has awarded the Contract and who has provided the necessary Contract security, met the required insurance requirements and entered into a contract agreement with Pinal. County Engineer or Engineer: The Pinal County Engineer, acting by and under authority of the laws of the State of Arizona, or the County Engineer's designee acting under the County Engineer's supervision, on behalf of the Pinal county Board of Supervisors. Culvert: Any structure not classified as a bridge which provides an opening under the roadway. Solicitation No: 173923 Available online at Inttp://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 8 of 37 Pinal County Finance Department Definitions 31 N. Pinal St. Bldg. A PINAL COUNTY P.O. Box 1348 WIDE OPEN OPPORTUNITY Florence, AZ 85132 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 Days: Calendar days (see above). Department: The Pinal County Department of Public Works. Director: The Pinal County Department of Public Works, acting in the official capacity as said Director. Equipment: All machinery and equipment, together with the necessary supplies for upkeep and maintenance and also tools and apparatus necessary for acceptable completion of the Scope of Work. Holidays: The legal holidays as defined in the latest revisions at the time of bidding, of the Arizona Revised Statutes, Title 1, Chapter 3, §1-301. Laboratory: A testing laboratory that has been approved by Pinal to perform testing and that has been determined by Pinal to be free from any conflict of interest. Labor and Material Payment Bond: A payment bond fumished by Contractor and Contractor’s surety or sureties for the full amount of the Bid Price to guarantee payment to laborers and material supplies. Materials: Any substances specified for use in the construction of the Project. Material Supplier: One who fabricates, or processes an item off the Project Site, and who may or may not delivery this to the Project Site. For purposes of this definition, a supplier shall not include one how establishes a fabricating process or facility expressly for use of the Project, whether on or off the Project Site; or one who performs work on the Project Site that is incorporated into the Project. Notice of Award: Written notice to the successful bidder notifying that the bid has been accepted by the Pinal County Board of Supervisors. Performance Bond: A bond in the full amount of the total Bid Price furnished by Contractor and Contractor's surety sureties to protect Pina! by conditioning release of the bond sum upon Contractors full and complete performance of the Contract and all supplemental agreements thereto. Plans: The project plans, standard drawings, working drawings and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions and details of the Work to be performed. All such documents are to be considered as a part of the plans whether or not they are reproduced in the Invitation for Bid packet. Progress Payment: Monthly draw against the contract price based on work completed and determined by the Schedule of Values and approved by the Engineer. Project Plans: Specific details and dimensions peculiar to the Work which are supplemented by the Standard Drawings insofar as they may apply. Purchase Order: A document which specifies, identifies and/or describes an item, service or supply delivery and/or transportation purchased by Pinal and includes a written note from Pinal to nay contractor or vendor of the start date and the Scope of Work. Quality Assurance Inspector/QA Inspectors: The Engineer’s authorized representative assigned to make detailed inspections of contract performance. Repetition of Expressions: In order to avoid cumbersome and needless repetition, such phrases as “to the Engineer” and “by the Engineer” shall be understood to mean that when an order, instruction, decision, exercise of judgement or other similar action is indicated, such order, instruction, decision, exercise of judgement or other similar action shall be issued, given, made by or reserved to the County Engineer. Responsible Bidder: A person who has the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance. Responsive Bid: A bid which conforms to all material respects to the invitation for bid. Solicitation No: 173923 , Available online at Page 9 of 37 ittp://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx , 3 Pinal County . Finance Department Definitions 31 N. Pinal St. Bldg. A PINAL COUNTY P.O. Box 1348 WIDE OPEN OPPORTUNITY Florence, AZ 85132 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 1.44 1.45 Schedule of Performance: A timetable prepared by a bidder given a Notice of Award, to commence running upon Pinal’s issuance of a Notice to Proceed, defining the Bidder’s projection of significant milestones in the course of the performance of the Contract, as well as the number of days elapsed from the issuance of the Notice to Proceed to each such milestone. Schedule of Values: Prices set by the Contractor for specified divisions of the Work. These prices shall be used to arrive at the amounts due under the contract on the progress payments. They shall include everything for that particular quantity of work which the Contractor expects to be paid, e.g. labor, material, overhead, profit. Equipment costs or rental, transportation. Special Detour: A detour, which requires the contraction of a paved surface and generally does not include any portion of a route utilizing an existing roadway. Shop Drawings: Drawings approved for repetitive use, showing details to be used where appropriate. Specifications: The compilation of provisions and requirements for the performance of the prescribed Scope of Work, which include general, special and technical specifications. Subcontractor: An individual, partnership, firm or corporation or any acceptable combination thereof, or joint venture, which performs any of the prescribed Scope of Work, directly or indirectly for or on behalf of Contractor whether or not in privity of contract with Contractor. Superintendent: Contractor's authorized representative in responsible charge of the Work. Surety: The corporate body bound with and for Contractor, for the full and complete performance of the Contract and for payment of all debts pertaining to the Work. Working Day: A calendar day, exclusive of Saturdays, Sundays, and County recognized holidays, on which weather and other conditions not under the control of Contractor shall permit Contractor's operation to proceed for the major part of the day with the normal working force engaged in performing the controlling item or items of work which would be in progress at that time. Working and Supplemental Drawings: Supplemental design sheets, shop drawings or similar data which Contractor is required to submit to Pinal. Solicitation No: 173923 , Available oalinevat Page 10 of 37 ttp://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx PINAL COUNTY P.O. Box 1348 Pinal County Finance Department Special Instructions 31 N. Pinal St. Bldg. A WIDE OPEN OPPORTUNITY Florence, AZ 85132 1.2 2.2 2.3 2.4 2.6 2.7 INQUIRIES All questions related to this Request for Proposal shall be directed to the Procurement Officer, Lorina Gillette, CPPB at lorina.gillette@pinalcountyaz.gov. Questions should be submitted in writing when time permits. Any correspondence related to a solicitation should refer to the appropriate solicitation number, page and paragraph number. Responders may not contact any County employees other than the Procurement Officer concerning this procurement while the Solicitation and evaluation are in process. OFFER PREPARATION Contract. Offers shall include a signed Contract form. The Contract Form shall be signed with an original signature by the person signing the Offer, and shall be submitted no later than the Offer due date and time. Failure to return the Contract Form may result in rejection of the Offer. Acknowledgement of Solicitation Addendums. Offers shall include any/all signed Solicitation Addendum(s), as described in section 2.7 of the Uniform Instructions. Solicitation Addendums are posted on the Pinal County website at the following address: http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx. It is the responsibility of the Responder to periodically check this website for any Solicitation Addendum. Solicitation Addendums shall be signed with an original signature by the person signing the Offer, and shall be submitted no later than the Offer due date and time. Failure to return a signed (or acknowledgment for electronic submission, when authorized) copy of a Solicitation Addendum may result in rejection of the Offer. Estimated Quantities. The County does not anticipate considerable activity under contract(s) awarded as a result of this solicitation, therefore, no commitment of any kind is made concerning quantities actually acquired. The quantities that may be reflected in the solicitation are estimates only. Offer Format. Offers shall follow the following format: The original copy of the Offer shall be clearly labeled “ORIGINAL” and shall contain a Title Page that identifies the solicitation number and provides the Responder Name, Address, Telephone Number as well as the Name and Title of the Solicitation Contact Person. The Offer shall be organized into two (2) sections as follows: 2.4.1. Requested Documents. 2.4.1.1 Section One: shall contain the Title Page as well as the following forms: Statement of Bonding Capacity, Addendum Acknowledgement Form, W9 form and signed Offer and Acceptance Form 2.4.1.2 Section Two: shall contain the Subcontractor Selection Plan 2.4.1.3 Section Three: shall contain scanned copies of the Arizona Registrar of Contractors License Identification Card(s). Multiple ID cards by be placed on the same page. 2.4.1.4 Section Four: shall contain the Pricing Matrix. 2.4.2 Requested Questionnaires. 2.4.2.1 Shall contain the completed questionnaire titled JOC Civil Construction Services. Additional Special Instructions. Responders shall see the attachments within the Solicitation for Additional Special Instructions associated with this Solicitation. Additional Terms and Conditions. Responders shall see the attachments within the Solicitation for Additional Terms and Conditions. SUBMISSION OF OFFER Solicitation No: 173923 h Available online at Page 11 of 37 ittp://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx 2 (A Pinal County Sy ee . . Finance Department Ld Special Instructions 31 N. Pinal St, Bldg. A PINAL COUNTY P.O. Box 1348 WIDE OPEN OPPORTUNITY Florence, AZ 85132 3.1 Electronic Documents. The Solicitation document is provided in an electronic format. Any unidentified alteration or modification to any Solicitation documents, to any attachments, exhibits, forms, charts or illustrations contained herein shall be null and void. In those instances where modifications are identified, the original document published by the County shall take precedence. As provided in the Solicitation Instructions, Responders are responsible for clearly identifying any and all changes or modifications to any Solicitation documents upon submission to the County. EVALUATION 41 Evaluation. In accordance with the Pinal County Procurement Code, awards shall be made to the responsible responder(s) whose proposal is determined in writing to be the most advantageous to the County based upon the evaluation criteria listed below. The evaluation factors are listed in their relative order of importance. 1. Method of Approach 2. Experience and Qualifications of the Contractor 3. Experience and Qualifications of Key Personnel 4. Conformance to Terms and Conditions 4.2 Clarifications. Upon receipt and opening of proposals submitted in response to this solicitation, the County may request oral or written clarifications, including demonstrations or questions and answers, for the sole purpose of information gathering or of eliminating minor informalities or correcting nonjudgmental mistakes in proposals. Clarifications shall not otherwise afford the Responders the opportunity to alter or change its proposal. 4.3 Negotiations. County may conduct negotiations with those Responders who's Offers are determined by the County to be reasonably susceptible of being selected for award. Negotiations may be in writing or in person and may include presentations, site visits or demonstrations. 4.4 Responsibility, Responsiveness and Acceptability. In accordance with Pinal County Procurement Code PC1-328(H), County shall consider the following in determining Responder responsibility as well as the responsiveness and acceptability of their Offer. Responders may not be considered responsible if they have been debarred from the practice of their profession that would otherwise be necessary in the provision of goods and services under any resulting contract. Responders may not be considered responsible if they have had a contract with the County, within the last three-years, that was terminated for cause, due to breach or similar failure to comply with the terms of any such contract. Responders may also not be considered responsible if there is factual evidence of their frequent and reoccurring failure to satisfy the terms of their agreements and contractual relationships, both with the County or other government entities. Factual evidence shall consist of any documented vendor performance reports, customer complaints and/or negative references (including those found outside of the submittal). Other factors that the County may evaluate to determine responsibility include, but are not limited to excessively high or low pricing, compliance with applicable laws, and financial capacity to perform as specified. The County reserves the right to review the qualifications of any key personnel to be assigned to provide services. Offers may not be considered responsive and/or acceptable if they do not contain information sufficient to evaluate the Offer in accordance with the evaluation criteria identified in the Solicitation including (i) a completed Offer and Acceptance Form; (ii) completed Solicitation Addendums acknowledging any/all changes to the Solicitation; (iii) a response to the County’s Statement of Work, (iv) a price proposal; or (iv) other certifications or bond sureties required in the Solicitation. 4.5 Best _and Final Offers. If negotiations are conducted, the County shall issue a written request for a Best and Final Offer. The request shall set forth the date, time and place for the submission of the Best and Final Offer. Best and Final Offers shall be requested only once, unless the County makes a determination that it is advantageous to conduct further negotiations or change the solicitation requirements. AWARD 5.1 Contract Document Consolidation. At its sole option, following any contract award(s) the County may consolidate the resulting contract documents. Examples of such consolidation would include (i) reorganizing solicitation documents and components of the Contractor's Offer only pertaining to the Solicitation; (ii) revising the Statement of Work to incorporate the Contractor's response, (iii) revising any terms and conditions to incorporate any changes in the Contractor's Offer; (iv) excluding any Page 12 of 37 Solicitation No: 173923 , Available online at ttp://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx