250042-Solicitation F.pdf

TONTO HILLS WATER LINE IMPROVEMENTS Serial # 250042-DBB

Request for Bids - Design Bid Build Pg. # 1

BIDNET DIRECT ELECTRONIC SUBMISSION INSTRUCTIONS

It is the sole responsibility of the vendor to ensure that the response, including all necessary attachments, is received prior to the indicated closing date and time, Mountain Standard Time.

Be aware that submitting a password in the e-procurement platform acts as an electronic signature which is just as legal and binding as an original signature (see Electronic Signatures in Global and National Commerce Act for more information).

Vendors must be registered in BidNet Direct to the Arizona Purchasing Group in order to participate in the bidding process for this solicitation.

Vendors can register for a free account at www.bidnetdirect.com. Registered users will be able to search for bids, access bid information and documents, receive notifications about bids, and submit bids via BidNet Direct (www.bidnetdirect.com)for all open Maricopa County bids.

ONLY RESPONSES THAT ARE SUBMITTED THROUGH BIDNET DIRECT WILL BE CONSIDERED.

For assistance with the e-procurement platform, contact BidNet Direct Vendor Support during regular business hours, Phone: 1-800-835-4603 or Email: support@bidnet.com. The BidNet Direct Support Department is available Monday-Friday from 8:00 am to 8:00 pm EST.

FINDING A SOLICITATION

Solicitations can be found by using the search bar if you know the name or number of the solicitation. If you are unsure of those, use the filter function on the left side navigation panel.

• Select Arizona, then Maricopa County from the Location filter.

• Select Member Agency Bids from the top tabs to see only Maricopa County bids.

The solicitation title and closing date/time will be displayed. Once you select the title, the solicitation will open and display basic information like the contact, purchase type and relevant dates. If a pre-bid conference is scheduled, you will see that on this page.

The left side navigation panel will display tabs.

• Select he DOCUMENTS tab to display all relevant documents. Be sure to read all documents in their entirety as these will provide specific submission instructions.

• If you are asked to provide pricing in a specific document, be sure to download the pricing document from the document list. You are required to download or read all documents prior to submission.

SUBMITTING YOUR BID (bid/proposal/offer):

• Select the PLACE BID icon from the top right corner of your screen. A new window will pop up asking you to select PLACE A NEW BID or PLACE NO BID.

o If you select Place No Bid, you will be prompted for a reason prior to submitting.

o If you select Place New Bid, you will be routed to a page where you will upload all relevant documents.

o If there are line items associated with the bid, you will be asked for line-item pricing.

Once you have provided pricing through the requested document or through the line-item pricing,

• Select NEXT. A window will open where you can take exceptions to any aspect of the bid requirements. If you have exceptions, please describe them here. If you do not, scroll down to Compliance & Authentication.

Please note if you have not read all the solicitation’s related documents you will be prompted to read them all or risk non-compliance. You will enter your full name and password, then select SUBMIT BID. You will be asked if https://www.bidnetdirect.com/ http://www.bidnetdirect.com/ mailto:support@bidnet.com

Request for Bids - Design Bid Build Pg. # 2 you are sure you want to proceed, if you select yes, you will be taken to a Bid Conformation page which states that your bid has been submitted.

You can print the confirmation or download a pdf of your submittal. You may withdraw or modify your proposal until the date/time the bid closes. You will receive a notification if any questions are asked or if any changes are made to the solicitation. You may be required to submit an Acknowledgement of any addenda.

A RESPONDENT’S BID OFFER WILL NOT BE ACCEPTED AS RESPONSIVE BY THE COUNTY UNLESS ALL

REQUIRED INFORMATION HAS BEEN PROVIDED. THIS INCLUDES VIEWING/ACCEPTING ALL

DOCUMENTS, UPLOADING REQUIRED ATTACHMENTS/QUALIFICATIONS, AND PROVIDING AN

OFFER/PROPOSAL.

MARICOPA COUNTY QUALIFICATIONS

If you provide A&E services or other related professional or construction services under Article 5 of the Maricopa County Procurement Code, please select the qualifications that you wish to be considered for under the Available Qualifications section. You will provide responses to the questions and upload the Pre-Qualification Application for each discipline.

ASKING A QUESTION:

• In order to ask a question, select Ask Question from the available options on the right side. This will open a dialog box where you will input a subject, ask your question, and select SUBMIT. The contact will receive a notification that a question has been asked. Once the answer to the question has been published, anyone who has downloaded the documents related to the bid will receive notice that an answer has been posted, and will be able to view all Q&A.

• Inquiries about the solicitation must be submitted via the e-procurement platform by the question deadline posted in the Bid Details.

• Inquiries may be submitted by telephone to the procurement officer for the solicitation but must be followed up in writing for the answer to be binding. No oral communication is binding on Maricopa County.

• Questions about the e-procurement platform’s functionality must be directed to BidNet Direct. Phone: 1-800-835- 4603, Email: support@bidnet.com;

ADDITIONAL INFORMATION

When the respondent clicks “Confirm and submit response,” they acknowledge that the information and documents entered in the e-procurement platform are accurate and represent the supplier’s actual proposal, quote, or bid.

The e-procurement platform registers the date and time the offer has been received. Receipt of a respondent’s offer does not necessarily mean that an offer is finalized. ACCEPTANCE OF A RESPONDENT’S OFFER BY THE E-

PROCUREMENT PLATFORM IS NOT AN INDICATION THAT THE COUNTY HAS ACCEPTED A

RESPONDENT’S OFFER. THE COUNTY WILL EVALUATE THE RESPONSES RECEVIED AND MAY

DETERMINE A RESPONSE IS NON-RESPONSIVE IF THE RESPONDENT HAS FAILED TO INCLUDE ALL

REQUIRED INFORMATION, INCLUDING ATTACHMENTS, WITH THEIR SUBMISSION.

Be aware that entering information and uploading documents into the e-procurement platform may take considerable time. Allow sufficient time to complete the online forms and upload documents. It is recommended that suppliers submit responses a minimum of 24 hours prior to the closing deadline. The deadline for submitting information and documents will end at the closing time indicated in the solicitation. All information and documents must be fully entered, uploaded, acknowledged (Confirm) and recorded into the e-procurement platform before the closing time or the system will stop the process, and the response will be considered late and will not be accepted.

Responses submitted in the e-procurement platform are completely secure. No one (including County purchasing staff) can see responses until after the deadline. Suppliers may modify or change their response at any time prior to the closing deadline. However, all modifications or changes must be completed and acknowledged (Confirm) in the e-procurement platform prior to the deadline. The e-procurement platform will post a notice that the modification/change (new offer) has been received. This notice from the e-procurement platform MUST be recorded prior to the closing date and time MST or the response will be considered late and will not be accepted.

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REQUEST FOR BIDS

FOR

Tonto Hills Water Line Improvements

SERIAL #250042-DBB

MCDOT CONTRACT # 2025-030

Bids Due: Tuesday, June 03, 2025, 2:00 p.m. Mountain Standard Time (MST) in BidNet Direct (https://www.bidnetdirect.com/arizona/maricopacounty)

MARICOPA COUNTY

Office of Procurement Services – Article 5 301 W. Jefferson Street, Suite 700

Phoenix, Arizona 85003

Direct all inquiries to:

Corry Slama Article V Procurement Supervisor

(602) 506-2248 Email: Corry.Slama@maricopa.gov

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Table of Contents

DIVISION I – CONTRACT LANGUAGE 4

1. ELIGIBILITY OF CONTRACTOR

2. CONTRACT TIME

3. PRE-BID CONFERENCE

4. PROJECT PLANS, SPECIAL PROVISIONS, AND CONTRACT DOCUMENTS

5. BID PREPARATION

6. NEGOTIATION CLAUSE

7. CONSIDERATION OF BIDS

8. NON-DISCRIMINATION

9. INDEMNIFICATION

10. INSURANCE REQUIREMENTS

11. COVERAGES

12. COMMERCIAL GENERAL LIABILITY

13. AUTOMOBILE LIABILITY

14. WORKERS’ COMPENSATION

15. CERTIFICATES OF INSURANCE

16. CANCELLATION AND EXPIRATION NOTICE

17. NO COUNTY OBLIGATION

18. INTERPRETATION OF CONTRACT DOCUMENTS BEFORE SUBMISSION

19. INTERPRETATIONS AND ADDENDA

20. BIDNET DIRECT REGISTRATION

21. SMALL BUSINESS ENTERPRISES (SBE)

22. LEGAL WORKER REQUIREMENTS FOR SERVICE AND CONSTRUCTION CONTRACTS

23. PROTESTS

24. INFLUENCE

25. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

26. REQUIREMENTS FOR POSTING NOTICES AND POSTERS

27. WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01

28. FORCED LABOR

DIVISION II – ATTACHMENTS 14

Attachment A - BID FORM Attachment A-1 - BID SCHEDULE Attachment B - SUBCONTRACTOR LISTING Attachment C - LEGAL WORKER CERTIFICATION Attachment D - SURETY BOND Attachment E – NON-COLLUSION AFFIDAVIT Attachment F - VERIFICATION OF LICENSE Attachment G - MARICOPA COUNTY SBE PARTICIPATION REPORTING FORM Attachment H - CONTRACT AGREEMENT Attachment I - STATUTORY PAYMENT BOND Attachment J - STATUTORY PERFORMANCE BOND Attachment K – SAMPLE CERTIFICATE OF LIABILITY INSURANCE Attachment L - CERTIFICATE OF PERFORMANCE Attachment M – MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION TITLE VI ASSURANCES

DIVISION III – EXHIBITS/SCOPE OF WORK 45

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DIVISION I – CONTRACT LANGUAGE

Notice is hereby given that Maricopa County (County) is conducting this invitation for SEALED BIDS for the work described herein. Bids shall be received electronically through an outside e-procurement platform, BidNet Direct, until Tuesday, June 03, 2025, 2:00 p.m. MST and then opened electronically through BidNet Direct. No bids will be received after the time specified for bid opening. All bids must be submitted on the bid forms furnished by the Maricopa County Office of Procurement Services (OPS) and included in the bid/contract documents. The Board of Supervisors (BOS) reserves the right to reject any and all bids and to waive any informality in any bid received.

Vendors must be registered in the e-procurement platform, BidNet Direct, in order to participate in the bidding process for this solicitation.

Vendors can register for an BidNet Direct Limited account for free at https://www.bidnetdirect.com/arizona/maricopacounty. Registered users will be able to search for bids, access bid information and documents, receive notifications about bids, and submit bids via the e-procurement platform (https://www.bidnetdirect.com) for all open Maricopa County bids.

Select the Vendor Registration link to begin the process and complete all the mandatory fields.

There is no cost to register to the Arizona Purchasing Group.

ONLY RESPONSES THAT ARE SUBMITTED THROUGH THE E-PROCUREMENT

PLATFORM WILL BE CONSIDERED.

For assistance with the e-procurement platform, contact BidNet Direct Vendor Support during regular business hours M-F from 8 a.m. – 8 p.m. ET (5 a.m. – 5 p.m. PT) at (800) 835-4603, option 2 or support@bidnet.com

WITH THE PUBLICATION OF MARICOPA COUNTY DEPARTMENT OF

TRANSPORTATION’S SUPPLEMENT TO MAG UNIFORM STANDARD SPECIFICATIONS

FOR PUBLIC WORKS, SOME PROVISIONS WHICH WERE PREVIOUSLY ADDRESSED IN

THE CONSTRUCTION SPECIAL PROVISIONS ARE NOW LISTED IN THE MCDOT

SUPPLEMENTS.

THE SUPPLEMENTS ARE AVAILABLE AT http://www.mcdot.maricopa.gov.

1. ELIGIBILITY OF CONTRACTOR

All contractors engaged in construction for County shall be licensed by the Registrar of Contractors in the State of Arizona for the types of work (construction) included in the project.

Each contractor must hold a current license of the appropriate category issued by the Arizona Registrar of Contractors at the time the contractor submits its bid and throughout the contracting period.

It is the policy of the County to endeavor to ensure in every way possible that small business enterprises (SBE) have every opportunity to participate in providing professional services, purchased goods, and contractual services without being discriminated against on the grounds of race, religion, sex, age, disability, or national origin.

The bidder shall be required to certify that the bidder and any subcontractors are appropriately licensed as contractors in the State of Arizona for performing the before-mentioned type of work.

Verification shall be on the form provided herein.

https://www.bidnetdirect.com/arizona/maricopacounty https://www.bidnetdirect.com/ http://www.mcdot.maricopa.gov/

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The bidder may be required to furnish an affidavit as evidence of previous satisfactory performance in the above-mentioned type of work.

2. CONTRACT TIME

All construction work on this contract is to be completed within 180 CALENDAR DAYS beginning with the date specified in the Notice to Proceed. Exclusive of and following the contract time allowed for construction work are 120 CALENDAR DAYS for internal administrative purposes thereby resulting in a total contract performance period of 300 CALENDAR DAYS.

3. PRE-BID CONFERENCE

A non-mandatory pre-bid teleconference will be held on Tuesday, May 20, 2025 at 9:30 a.m.

MST via Teams: Join the meeting now Meeting ID: 262 385 218 934 0 Passcode: FT74op9K Or dial in by phone +1 480-702-3496,,291703299# United States, Phoenix Arizona Phone conference ID: 291 703 299# Please confirm your attendance for the teleconference no later than 24 hours prior to this conference by sending an email to Corry Slama, Corry.Slama@Maricopa.gov. Include your firm’s name and conference attendees in the email.

All interested bidders are encouraged to attend.

Questions or clarifications regarding the bid documents shall be addressed through BidNet Direct under the Questions and Answers link. Minor administrative questions may be sent to Article 5 Procurement Officer, Corry Slama at Corry.Slama@maricopa.gov. All questions or clarifications must be received by the County at least seven days prior to bid opening date. When appropriate, any answers or clarifications affecting the cost may be addressed to all bidders in an addendum. Verbal interpretations or clarifications will not be given to individual contractors.

4. PROJECT PLANS, SPECIAL PROVISIONS, AND CONTRACT DOCUMENTS

The County cannot guarantee mail delivery.

As a guarantee that the contractor will enter into a contract, each bid shall be accompanied by a surety bond, certified check, cashier's check, or money order. The bid security amount shall be 10 percent of the contractors bid made payable to the TREASURER OF MARICOPA COUNTY as a guarantee that if the work is awarded to the bidder, the bidder will, within 10 days from the date of Notice of Award, enter into proper contract and bond condition for the faithful performance of the work, otherwise, said amount may be forfeited to the BOS as liquidated damages.

Upload or scan a copy of your bid security in BidNet Direct (seal must be visible). If you are submitting certified check, cashier’s check, or money order in lieu of the surety bond, upload a copy of the check in BidNet Direct with your electronic bid, and deliver the original check no later than 4:00 p.m. MST on the bid due date to: Office of Procurement Services, 301 W. Jefferson Street, Suite 700, Phoenix, Arizona 85003. The envelope containing the certified check, cashier’s check, or money order shall be addressed to the owner and be identified with the project name and the bidder’s name and address and shall be marked with the words REQUEST FOR BIDS FOR Tonto Hills Water Line Improvements, Serial #250042-DBB.

All bonds must be pursuant to Arizona Revised Statutes (A.R.S.) Title 34, Chapter 2, Article 2, and executed solely by a surety company or companies holding a Certificate of Authority to transact surety business in Arizona, issued by the director of the State of Arizona Department of Insurance.

Bonds executed by an individual surety or sureties are not in compliance with A.R.S.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2YzMWUxMjQtNmZhNi00Y2MxLTk1MGYtODlkYzk2NjkzOWVh%40thread.v2/0?context=%7b%22Tid%22%3a%2230cd35d4-9951-4a72-978e-89655075c17f%22%2c%22Oid%22%3a%2260dc3143-35fb-4b14-8f23-3a55d3036e99%22%7d tel:+14807023496,,291703299 mailto:Corry.Slama@Maricopa.gov

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Bids received containing bid bonds not in compliance with the A.R.S. will be considered non-responsive. The use of County-supplied bond forms is encouraged but is not mandatory.

All bids are to be marked in accordance with Section 102.9 of the Uniform Standard Specifications.

5. BID PREPARATION

It shall be the responsibility of the prospective bidder to determine, prior to the submittal of its bid, if any addenda to the project have been issued by the County. All addenda issued shall be acknowledged and submitted by bidder with its bid.

Prospective bidders may call the OPS in order to determine if any addenda have been issued for this project.

Bids must be submitted electronically through BidNet Direct. The bid, the bid security, and other documents required to be submitted with the bid shall also be uploaded via BidNet Direct.

Each bidder assumes full responsibility for the timely delivery of its bid. Any written, mailed, dropped-off, oral, fax, telephonic, or telegraphic bids are invalid and will not receive consideration.

ONLY RESPONSES THAT ARE SUBMITTED THROUGH BIDNET DIRECT WILL BE

CONSIDERED FOR AWARD.

The following is a list of all of the documents that are to be submitted with the bid. Submit one PDF containing one copy of each of the following completed documents, with the exception of Attachment A-1 – Bid Schedule; bidding firms shall enter and submit all pricing separately in the Bid Schedule in BidNet Direct. No scanned, hardcopy, or electronic pricing (outside of BidNet Direct) documents will be accepted.

1. Bid Form (Attachment A)

2. Bid Schedule (Attachment A-1) – Enter and submit pricing in BidNet Direct

3. Sub-Contractor Listing (Attachment B)

4. Legal Worker Certification (Attachment C)

5. Bid Bond (Attachment D) - Scanned PDF file (with seal visible)

6. Non-Collusion Affidavit (Attachment E) - Scanned PDF file (with seal visible)

7. Verification of License (Attachment F)

Appropriate sections of the forms must be filled out and signed.

Bids that do not comply with the above requirements may be rejected by the County.

Execution of the contract, submittal of the payment bond, performance bond, and Certificate of Insurance are not required at the time of bid submittal. These documents must be submitted to the County by the successful bidder at time of contract execution.

Contractor may be required to provide proof of satisfactory completion of similar public works projects.

6. NEGOTIATION CLAUSE

Recovery of expenses incurred by contractor for a delay for which the County is responsible, and which is unreasonable under the circumstances and which was not contemplated by the parties, shall be negotiated between contractor and the County. This provision shall not be construed to void any provisions of the contract which require notice of delays, provide for other procedures for settlement, or provide for the assessment of liquidated damages.

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7. CONSIDERATION OF BIDS

Opening of Bids

Bids received on time will be opened electronically through BidNet Direct at the date, time, and place of receipt of the bids.

Rejection of Bids

The owner reserves the right to reject any and all bids. Any bid that is incomplete, conditional, obscure, or that contains irregularities of any kind may be cause for rejection of the bid.

Acceptance of Bid (Award)

It is the intent of the owner to award a contract to the lowest price, responsive, responsible bidder provided that the bid has been submitted in accordance with the requirements of the bid documents and does not exceed the funds available. The owner shall have the right to waive informalities or irregularities in a bid received and to accept the bid, which, in the owner’s judgment, is in the owner’s own best interest. The owner reserves the right to reject any or all bids.

The owner may conduct such investigations as the owner deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications, and financial ability of bidders to perform and furnish the work in accordance with the contract documents to the owner’s satisfaction within the prescribed time.

The owner reserves the right to accept alternates, if any, in any order or combination and to determine the low bidder on the basis of the sum of the base bid and alternates accepted.

8. NON-DISCRIMINATION

Contractor, in connection with any activity under this contract, shall not discriminate against any person on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation, or belief. Contractor shall include a clause to this effect in all subcontracts. Contractor shall also comply with all applicable provisions of the Americans with Disabilities Act of 1990.

9. INDEMNIFICATION

To the fullest extent permitted by law, contractor shall defend, indemnify, and hold harmless County, its agents, representatives, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses, including, but not limited to, attorney fees, court costs, expert witness fees, and the cost of appellate proceedings, relating to, arising out of, or alleged to have resulted from the negligent acts, errors, omissions, or mistakes relating to the performance of this contract. Contractor’s duty to defend, indemnify and hold harmless County, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, caused by any negligent acts, errors, omissions or mistakes in the performance of this contract including any person for whose acts, errors, omissions, or mistakes contractor may be legally liable.

The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph.

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The scope of this indemnification does not extend to the sole negligence of County.

10. INSURANCE REQUIREMENTS

The contractor, at the contractor’s own expense, shall purchase and maintain, at a minimum, the herein stipulated insurance from a company or companies duly licensed by the State of Arizona and possessing a current AM Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County.

All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this contract.

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

Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it.

Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies.

The insurance policies may provide coverage that contains deductibles or self-insured retentions.

Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require the contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.

County reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. County shall not be obligated, however, to review such policies and/or endorsements or to advise the contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve the contractor from, or be deemed a waiver of Maricopa County’s right to insist on strict fulfillment of the contractor’s obligations under this contract.

The insurance policies required by this contract, except Workers’ Compensation, shall name County, its agents, representatives, officers, directors, officials, employees, Arizona Department of Transportation, and State of Arizona as additional insureds.

The policies required hereunder, except Workers’ Compensation, shall contain a waiver of transfer of rights of recovery (subrogation) against Maricopa County, City, its agents, representatives, officers, directors, officials, and employees for any claims arising out of the contractor’s work or service.

If available, the insurance policies required by this contract may be combined with Commercial Umbrella Insurance policies to meet the minimum limit requirements. If a Commercial Umbrella insurance policy is utilized to meet insurance requirements, the Certificate of Insurance shall indicate which lines the Commercial Umbrella Insurance covers.

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11. COVERAGES

Commercial General Liability $2,000,000 Each Occurrence

$2,000,000 Personal & Advertising Injury $4,000,000 General Aggregate $4,000,000 Products/Completed Operations

Automotive Liability $2,000,000 Each Occurrence

Workers’ Compensation $1,000,000 Each Accident

$1,000,000 Disease for Each Employee $1,000,000 Disease Policy Limit

12. COMMERCIAL GENERAL LIABILITY

Commercial General Liability (CGL) insurance and, when necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000 Personal/Advertising Injury, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, and blanket contractual coverage, and shall not contain any provision that would serve to limit third-party action over claims. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage.

13. AUTOMOBILE LIABILITY

Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 each occurrence with respect to any of the contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the contractor’s work or services under this contract.

14. WORKERS’ COMPENSATION

Workers’ Compensation insurance to cover obligations imposed by Federal and state statutes having jurisdiction of the contractor’s employees engaged in the performance of the work or services under this contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit.

15. CERTIFICATES OF INSURANCE

Prior to commencing work or services under this contract, the contractor shall furnish County with Certificates of Insurance in a form acceptable to County, or formal endorsements as required by the contract in the form provided by the County, issued by the contractor’s insurer(s), as evidence that policies providing the required coverages, conditions, and limits required by this contract are in full force and effect. Such certificates shall identify this contract number and contract title.

In the event any insurance policy(ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of the contractor’s work or services and as evidenced by annual Certificates of Insurance.

If a policy does expire during the life of the contract, a renewal certificate must be sent to County 15 days prior to the expiration date.

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16. CANCELLATION AND EXPIRATION NOTICE

Insurance required herein shall not expire, be canceled, or materially changed without 30-days prior written notice to County.

17. NO COUNTY OBLIGATION

This solicitation does not obligate the County to pay any costs incurred in the preparation and submission of bids or in negotiating a contract with any firm, nor does this solicitation obligate the County to enter into a contract with any selected party.

18. INTERPRETATION OF CONTRACT DOCUMENTS BEFORE SUBMISSION

QUESTIONS: If you have formal questions about technical information regarding this solicitation you must submit your question using the link in the “Q&A” tab in BidNet Direct. If you have informal questions about the procurement process, contact:

Corry Slama, Article 5 Procurement Supervisor Tel: (602) 506-2248 Fax: (602) 258-6766 Email: Corry.Slama@maricopa.gov (preferred method)

Note: The County may answer informal questions orally. The County makes no warranty of any kind as to the correctness of any oral answers and uses this process solely to provide minor clarifications rapidly. Oral statements or instructions shall not constitute an amendment to this solicitation. Any contractor shall not rely on any verbal responses from the County. If you have formal questions about any part of this solicitation which could result in a material issue or a formal amendment to this solicitation, see INTERPRETATIONS AND ADDENDA below.

19. INTERPRETATIONS AND ADDENDA

Should a bidding firm find any ambiguity, inconsistency, or error in the solicitation or contractual documents or should the bidding firm be in doubt as to any meaning, the firm shall at once notify the County procurement officer, in writing, who will send a written addendum, via BidNet Direct, to all bidding firms who are on record with the County as having been sent a copy of the solicitation. Neither the County nor its representatives will be responsible for oral instructions or information. Interpretations, additions, or corrections to the solicitation shall be made only by written addendum, which will be delivered electronically via BidNet Direct. The County is not responsible for any other explanations or interpretations.

The Proposers shall acknowledge receipt of addenda electronically using BidNet Direct.

The County is not responsible for assuring delivery of addenda to any potential bidder. Failure to receive addenda or failure to acknowledge receipt shall not constitute a basis for claim, protest, or reissue of the solicitation.

All formal inquiries or requests for significant or material clarification or interpretation or notification to the owner of errors or omissions relating to this solicitation must be submitted via BidNet Direct using the link in the “Questions” link. Informal or minor administrative questions may be sent to:

Corry Slama, Article 5 Procurement Supervisor Maricopa County, Office of Procurement Services Tel: (602) 506-2248 Fax: (602) 258-6766 Email: Corry.Slama@maricopa.gov

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All formal inquiries must be received by the County at least seven calendar days before the time and date set for submission of bids and closing of this solicitation. Failure to submit inquiries by this deadline may result in the inquiry not being answered.

20. BIDNET DIRECT REGISTRATION

Any vendor intending to respond as a proposer and who is receiving this solicitation from a source other than the OPS website is required to register as a vendor with Maricopa County on the BidNet Direct registration page (https://www.bidnetdirect.com/public/user-registration?purchasingGroupId=700132901), and register receipt of the solicitation documents by visiting the website at https://www.bidnetdirect.com/arizona/maricopacounty and requesting the documents.

21. SMALL BUSINESS ENTERPRISES (SBE)

It is the County’s policy to provide small businesses the opportunity to participate in the County’s solicitation process and to be considered to fulfill the requirements for various commodities and services. A copy of the SBE reporting document is contained in this solicitation as Attachment G.

22. LEGAL WORKER REQUIREMENTS FOR SERVICE AND CONSTRUCTION CONTRACTS

As required by A.R.S. § 41-4401, the County is prohibited after September 30, 2008, from awarding a contract to any service or construction contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214-A. The contractor warrants that it complies fully with all Federal immigration laws and regulations that relate to its employees, that it shall verify, through the employment verification program, E-Verify, as jointly administered by the U.S. Department of Homeland Security and the Social Security Administration or any of its successor programs, the employment eligibility of each employee hired after December 31, 2007, and that it shall require its subcontractors and sub-subcontractors to provide the same warranties to the contractor.

The contractor acknowledges that a breach of this warranty by contractor or by any subcontractor or sub-subcontractor under this contract shall be deemed a material breach of this contract, and is grounds for penalties, including termination of this contract, by the County. The County retains the right to inspect the records of any contractor, subcontractor, and sub-subcontractor employee who performs work under this contract, and to conduct random verification of the employment records of the contractor and any subcontractor and sub-subcontractor who works on this contract to ensure that the contractor and each subcontractor and sub-subcontractor is complying with the warranties set forth above. Contractor shall be responsible for all costs associated with compliance with this requirement. A copy of the certification document is contained in this solicitation.

23. PROTESTS

The County believes that it can best maintain its reputation for treating contractors and/or suppliers in a fair, honest, and consistent manner by conducting solicitations in good faith and by granting competitors an equal opportunity to win an award. Any protest shall be filed pursuant to the Maricopa County Procurement Code, Section MC1-905. Protests shall be directed to the procurement officer.

24. INFLUENCE

As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, may be grounds for disbarment or suspension under MC1-902.

https://www.bidnetdirect.com/public/user-registration?purchasingGroupId=700132901 https://www.bidnetdirect.com/public/user-registration?purchasingGroupId=700132901 https://www.bidnetdirect.com/arizona/maricopacounty

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An attempt to influence includes, but is not limited to:

A person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type of valuable contribution or subsidy, that is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind.

If a person attempts to influence any employee or agent of Maricopa County, the chief procurement officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract.

ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND ANY COUNTY

PERSONNEL, OTHER THAN THE OPS, IS ALLOWED DURING THE SOLICITATION

PROCESS UNLESS THE COMMUNICATION IS IN REGARD TO PRE-EXISTING BUSINESS

WITH THE COUNTY. ANY COMMUNICATIONS REGARDING THE SOLICITATION, ITS

PARTICIPANTS, OR ANY DOCUMENTATION PRIOR TO THE CONTRACT AWARD MAY BE

GROUNDS FOR DISMISSAL OF THE RESPONDENT FROM THE EVALUATION PROCESS.

25. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

The undersigned (authorized official signing for the contractor) certifies to the best of his or her knowledge and belief, that the contractor, defined as the primary participant in accordance with 45 CFR Part 76, and its principals:

1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

2) have not within three-year period preceding this solicitation or contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; or violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3) are not presently indicted or otherwise criminally or civilly charged by a government entity

(Federal, State, or local) with commission of any of the offenses enumerated in subsection (2) of this certification; and

4) have not, within a three-year period preceding this contract or solicitation, had one or more public transactions (Federal, State, or local) terminated for cause of default.

Should the contractor/bidder not be able to provide this certification, a comprehensive explanation as to why should be attached to its bid.

The contractor/bidder agrees to include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this contract.

26. REQUIREMENTS FOR POSTING NOTICES AND POSTERS

Contractor is responsible for posting all notices and posters in accordance with Federal and State requirements. A list of the State required notices and posters can be found on the Industrial Commission of Arizona website.

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27. WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01

If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of $100,000 or more, vendor certifies it is not currently engaged in and agrees for the duration of this agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.

28. FORCED LABOR

By submitting a bid for this solicitation and/or entering into a contract as a result of this solicitation, contractor agrees to comply with all applicable portions of Arizona Revised Statutes (A.R.S.)

Section 35-394. Contracting; procurement; prohibition; written certification; remedy; termination;

exception; definitions.

Contractor certifies that it does not currently, and agrees for the duration of the contract, that it will not use:

The forced labor of ethnic Uyghurs in the People’s Republic of China.

Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.

Any contractors, subcontractors or suppliers that use the forced labor or any good or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.

If contractor becomes aware during the term of the agreement that contractor is not in compliance with this paragraph, the contractor shall notify the County within five business days after becoming aware of the noncompliance. If the contractor fails to provide a written certification to the County that the contractor has remedied the noncompliance within 180 days after notifying the County of its noncompliance, then the agreement terminates, except that if the agreement termination date occurs before the end the 180-day period, the agreement terminates on the agreement termination date.

(END OF SECTION)

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DIVISION II – ATTACHMENTS

Attachment A - BID FORM Attachment A-1 - BID SCHEDULE Attachment B - SUBCONTRACTOR LISTING Attachment C - LEGAL WORKER CERTIFICATION Attachment D - SURETY BOND Attachment E - NON-COLLUSION AFFIDAVIT Attachment F - VERIFICATION OF LICENSE Attachment G - MARICOPA COUNTY SBE PARTICIPATION Attachment H - CONTRACT AGREEMENT Attachment I - STATUTORY PAYMENT BOND Attachment J - STATUTORY PERFORMANCE BOND Attachment K – SAMPLE CERTIFICATE OF LIABILITY INSURANCE Attachment L - CERTIFICATE OF PERFORMANCE

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Attachment A - BID FORM

TO THE BOARD OF SUPERVISORS

MARICOPA COUNTY

PHOENIX, ARIZONA

Gentlemen:

The following bid is made for constructing Serial # 250042-DBB, Tonto Hills Water Line Improvements, in the County of Maricopa, State of Arizona.

The following bid is made on behalf of , and no others, in the amount of $ .

Evidence of authority to submit the bid is herewith furnished. The bid is, in all respects, fair and is made without collusion on the part of any person, firm, or corporation mentioned above, and no member or employee of the Board of Supervisors (BOS) is personally or financially interested, directly or indirectly, in the bid, or in any purchase or sale of any materials or supplies for the work to which it relates, or in any portion of the profits thereof.

The undersigned certifies that the approved plans, Construction Special Provisions, forms of contract, bonds, and sureties authorized by the BOS and constituting essential parts of this bid have been carefully examined and also that the site of the work has been personally inspected.

The undersigned declares that the amount and nature of the work to be done are understood and that at no time will misunderstanding of the plans, Construction Special Provisions, bid/contract documents or conditions to be overcome, be pled. On the basis of the plans, Construction Special Provisions, bid/contract documents, the forms of contract, bonds, and sureties proposed for use, the undersigned shall furnish all the necessary machinery, equipment, tools, apparatus, and other means of construction, to do all the work, and to furnish all the materials in the manner specified, and to finish the entire project within the time promised, and to accept, as full compensation therefore, the sum of various products obtained by multiplying each unit price, herein bid for the work or materials, by the quantity thereof actually incorporated in the complete project, as determined by the engineer.

The undersigned understands that the quantities mentioned herein are approximate only and are subject to increase or decrease and hereby promises to perform all quantities of work, as either increased or decreased, in accordance with the provisions of the Construction Special Provisions, at the unit bid price in the Bidding Schedule.

The undersigned shall perform all extra work that may be required on the basis provided in the Construction Special Provisions and to give such work personal attention and to secure economic performance.

The undersigned shall further execute the Contract Agreement and furnish satisfactory bonds and sureties within 10 days of receipt of Notice of Bid acceptance, TIME BEING

OF THE ESSENCE.

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All CONSTRUCTION WORK on this contract is to be completed within 180 CALENDAR DAYS beginning with the date specified in the Notice to Proceed. Exclusive of and following the contract time allowed for construction work are 120 CALENDAR DAYS for internal administrative purposes thereby resulting in a total contract performance period of 300 CALENDAR DAYS.

The undersigned shall maintain at all times a payment and performance bond, approved by the Board of Supervisors, each in an amount equal to 100 percent of the contract amount.

This bond shall serve not only to guarantee the completion of the work on the part of the undersigned but also to guarantee the excellence of both workmanship and material and the payment of all obligations incurred, said bonds and sureties to be in full force and effect until the work is finally accepted and the provisions of the plans, construction specifications, and Construction Special Provisions fulfilled.

A bid bond in the amount and character named in the Invitation to Bid is enclosed amounting to not less than 10 percent of the total bid. The bid bond is submitted as a guaranty of the good faith of the bidder and the bidder will enter into written contract, as provided, to do the work, if successful in securing the award thereof; and it is hereby agreed that if, at any time other than as provided in the bid requirements and conditions, the undersigned should withdraw its bid, if the bid is accepted and there should be failure on the part of the undersigned to execute the contract and furnish satisfactory bonds and sureties as herein provided, the County of Maricopa in either of such events, shall be entitled and is hereby given the right to retain the said bid bond as liquidated damages.

The undersigned has enclosed the required bid security to this bid.

IF BY AN INDIVIDUAL:

By:

(Printed Name) (Title)

(Telephone Number)

(Signature) (Date)

(Fax Number)

(Address) (Email address)

IF BY A FIRM, PARTNERSHIP OR L.L.C. (LIMITED LIABILITY CORPORATION):

(Firm Name) (Telephone Number)

(Signature - Title) (Date)

(Fax Number)

(Firm Address) (Email address)

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**Name and address of each member, or each manager of L.L.C., per Operating Agreement

** The name and post office address of each member of the firm or partnership must be shown, or of each manager of an L.L.C., also address of the registered office of the L.L.C.

IF BY A CORPORATION:

(Corporate Name)

(Corporation Address)

(Printed Name) (Title) (Telephone Number) (Fax Number)

(Signature) (Date)

(Email address)

*Incorporated under the Laws of the State of __________ and names and addresses of officers:

(President)

(Address)

(Secretary)

(Treasurer)

*The name of the State under which the Laws of the Corporation was chartered, and the name, title, and business address of the president, secretary, and treasurer must be shown.

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Attachment A-1 - BID SCHEDULE

To All Interested Bidders: The bid response format for this solicitation has changed from past County construction contracts. In addition to submitting/uploading the required documents, all pricing must be entered into BidNet Direct, or your bid will be considered non-responsive. Allow yourself sufficient time to complete this process prior to the bid closing date/time.

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Attachment B - SUBCONTRACTOR LISTING

The following is a listing of material suppliers and/or subcontractors which will be used by contractor in the event the undersigned enters into a contract with the County. No changes of the subcontractors and material suppliers named herein shall be made without the prior written approval of the County.

(Signature)

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Attachment C - LEGAL WORKER CERTIFICATION

(Date)

Maricopa County Office of Procurement Services – Article 5 301 W. Jefferson Street, Suite 700 Phoenix, Arizona 85003

As required by Arizona Revised Statutes (A.R.S.) § 41-4401, Maricopa County (County) is prohibited, after September 30, 2008, from awarding a contract to any contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214-A. The undersigned entity warrants that it complies fully with all Federal immigration laws and regulations that relate to its employees, that it shall verify, through E-Verify as jointly administered by the U.S. Department of Homeland Security and the Social Security Administration, or any of its successor programs, the employment eligibility of each employee hired after December 31, 2007, and that it shall require its subcontractors and sub-subcontractors to provide the same warranties to the below entity.

The undersigned acknowledges that a breach of this warranty by the below entity or by any subcontractor or sub-subcontractor under any contract resulting from this solicitation shall be deemed a material breach of the contract, and is grounds for penalties, including termination of the contract, by the County. The County retains the right to inspect the records of the below entity, subcontractor, and sub-subcontractor employee who performs work under the contract, and to conduct random verification of the employment records of the below entity and any subcontractor and sub-subcontractor who works on the contract, to ensure that the below entity and each subcontractor and sub-subcontractor is complying with the warranties set forth above.

(Firm) (Address Line 1)

(Print Name) (Address Line 2)

(Print Title) (Phone)

(Signature Required) (Fax)

(Email Address) (Federal Taxpayer ID Number)

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