26-236 Bidder_s Packet.pdf

TOWN OF CAMP VERDE

PROJECT BIDDING PACKET / AGREEMENT DOCUMENTS

Park Verde Road Irrigation Crossing Improvements Project

PROJECT NO. 26-236

Town Council Marie Moore, Mayor

Wendy Escoffier, Vice Mayor

Brian Bolton, Council Member

Robert Foreman, Council Member

Robin Godwin, Council Member

Jesse Jones-Murdock, Council Member

Patricia Seybold, Council Member

Town Manager Charlie Cassens, Interim

Town Project Manager Martin Smith

October 2026

Project Number 26-236

TABLE OF CONTENTS – PROJECT BIDDING PACKET / AGREEMENT DOCUMENTS

Notice to All Bidders:

All items and documents contained in or included with this Bidder Packet and shown in this Table of Contents are a part of the Agreement Documents and are to be followed and/or completed by those bidding this Project as required portions of the said Agreement Documents, which term may also be referred to as the “Agreement” herein. Be careful to utilize and include the Bid Submittal Checklist with your Bid Submission to assure that your Bid is complete and acceptable. Any items not submitted that are shown as mandatory items on the Bid Submittal Checklist will mean the immediate rejection of that particular Bidder Packet as incomplete and that particular Bid will not be accepted by the Town of Camp Verde.

Cover Sheet Page 1 Table of Contents Page 2 Invitation for Bids Page 3 General Bidder Information Page 4 Definition of Terms Page 6 Agreement General Provisions Page 10 Agreement for Project Bid 26-236 Page 92 Bid Submittal Checklist Page 98 Addendum Acknowledgement Bid 26-236 Page 99 Project Item Bid Schedule and Bid Total 26-236 Page 100 Non-Collusion Affidavit Bid 26-236 Page 101 Bid Certification 26-236 Page 102 Disclosure of Responsibility Statement Page 104 List of Known Subcontractors Page 106 Bid Bond Page 108

INVITATION FOR BIDS

Town of Camp Verde - Project Number 26-236

PARK VERDE ROAD IRRIGATION CROSSING IMPROVEMENTS PROJECT

The Town of Camp Verde is requesting written Bids (“Bids”) from qualified contractors (“Contractors”) to furnish all labor, materials, equipment, fixtures, and services required for the installation of a concrete box culvert on Park Verde Road where it crosses the Verde Irrigation Ditch in Camp Verde, Arizona. The project consists of the removal and replacement of a section of the roadway, installation of the concrete box culvert, and other related work as required. It is the intention of the Town of Camp Verde to enter into a Contract for the proposed Construction. Project Specifications, Provisions and drawings will be available at the following website: http://www.PublicPurchase.com. All proposals shall be submitted in accordance with the INSTRUCTIONS FOR BIDDING included on the website. All questions regarding the Project Specifications, Bidding Process, or General Information shall be in writing, submitted through Public.Purchase.com. No other questions will be addressed. Bidders shall be responsible for all licenses, permits, insurance, taxes, and bonds required by the TOWN and the State of Arizona that apply to the performance of this contract. The Town of Camp Verde reserves the right to reject any or all bids, to waive formalities, and to accept the bid deemed to be in the best interest of the TOWN.

Project Bidding Schedule and Information:

Optional Pre-Bid Meeting : Thursday, October 15, 2026 beginning promptly at 9:00 a.m.

Optional Pre-Bid Meeting Location: Project Site

1880 W. Park Verde Road Camp Verde, AZ 86322

Questions Period Closes: Wednesday, October 28, 2026 by 12:00 p.m.

Bid Submittal Date: Tuesday, November 3, 2026 by 1:00 p.m.

Bid Submittal Location: Town of Camp Verde Public Works Department

395 South Main Street

Camp Verde, AZ 86322

All Bid Submittals shall be in a sealed envelope clearly marked as Park Verde Road Irrigation Crossing Improvements Project, Attention: CIP Project Manager and shall be submitted at the time and place shown above. All Bid Submittals shall be in writing (not digital or electronic) and in accordance with the Instructions for Bidding as specified in the Project Bidding Packet / Agreement Documents.

It is the intent of the Town of Camp Verde to award the bid to the lowest responsible bidder responsive to this solicitation, however, the Town of Camp Verde reserves the right to reject any or all bids, or to waive formalities, or to accept the bid deemed to be in the best interest of the Town of Camp Verde.

The Contractor shall issue a bid to provide the necessary labor, materials, equipment, fixtures, licenses, permits, insurance, bonds, and all related items and services required to complete the infrastructure improvements as described in the Scope of Work, General and Special Provisions, Plans and Specifications, etc. included in or with the Project Bidding Packet / Agreement Documents. These items all together comprise the complete Project Bidding Packet / Agreement Documents and are part of this Invitation for Bids.

http://www.publicpurchase.com/

GENERAL BIDDER INFORMATION

Project Description

The Project #26-236 known as the Park Verde Road Irrigation Crossing Improvements Project, is the removal and replacement of a portion of Park Verde Road to facilitate the installation of a concrete box culvert and related work as required in accordance with the Plans, Specifications, and Agreement documents.

Project Registration and Documents

The Town of Camp Verde is requesting bids (“Bids”) from qualified contractors (“Contractors”) for the Project known as “Park Verde Road Irrigation Crossing Improvements Project”. Interested contractors must register in order to bid this Project (at no cost) at www.publicpurchase.com Instructions to complete this process can be found on the Town of Camp Verde Web Site at: www.campverde.az.gov.

Contractors/Bidders registered with Public Purchase for the purposes of bidding this Project must also register with the Town of Camp Verde through this site. The Project Bidding Packet / Agreement Documents, as well as the plans and specifications for this Project are only available for download at:

www.PublicPurchase.com. The Town of Camp Verde will not provide paper documents for the purposes of bidding this Project. All Bid Documents, including the Project Bidding Packet / Agreement Documents, as well as the plans, specifications, addenda or clarifications for this Project will only be available electronically through www.publicpurchase.com

Project/ Bidding Questions and Contacts

Until the formal bid submittal, the only method to contact the Town of Camp Verde Public Works is through the public purchase web site at: www.publicpurchase.com If any person submitting a bid for the proposed Project has a question on any part of the information provided within the Project Bidding Packet / Agreement Documents, Plans and Specifications, etc., they may submit their question(s) for answers/clarifications, or corrections to the public purchase website at: www.publicpurchase.com specifically for this Project. Any answers/clarifications, or corrections made to any portion of the Project Bidding Packet / Agreement Documents, Plans and Specifications, etc. by the Town of Camp Verde in response to the Contractor’s/Bidder’s questions shall be delivered to all qualified bidders responding to the Invitation for Bids for the Town of Camp Verde Project Number 26-236 via the Public Purchase Website. Bidders are responsible for keeping themselves up to date via the Public Purchase Website as to any and all answers/clarifications, corrections, or Addendums made with regards to the Project Bidding Packet / Agreement Documents, Plans and Specifications, etc. for this Project. Any e-mails, phone calls, or verbal communication outside of the Public Purchase Website will be considered unofficial and shall go unanswered. Any and all questions by qualified bidders must be submitted no later than 12:00 p.m. on Wednesday, October 28, 2026. After 12:00 p.m. on October 28, 2026 an official addendum will be issued with a comprehensive list of inquiries and their official answers. Once this addendum is issued, no further questions will be addressed.

Pre-Bid Meeting

The Optional Pre-Bid Meeting will begin on Thursday, October 15, 2026, promptly at 9:00 a.m.

Interested participants will meet at the project location, 1880 W. Park Verde Road, Camp Verde, AZ.

Bid Submission

Bids must be completed on the forms provided and all applicable bid forms must be submitted;

substitutions will not be accepted. All Bid Submittals shall be in a sealed envelope clearly marked as “Park Verde Road Irrigation Crossing Improvements Project”, Town of Camp Verde Project Number 26-http://www.publicpurchase.com/ http://www.publicpurchase.com/ http://www.campverde.az.gov/ http://www.campverde.az.gov/ http://www.publicpurchase.com/ http://www.publicpurchase.com/ http://www.publicpurchase.com/ http://www.publicpurchase.com/ http://www.publicpurchase.com/ http://www.publicpurchase.com/ http://www.publicpurchase.com/ http://www.publicpurchase.com/ http://www.publicpurchase.com/

236, Attention: CIP Project Manager and shall be submitted at 395 S. Main Street in Camp Verde, Arizona 86322 before Tuesday, November 3, 2026 at 1:00 p.m. local Arizona time. Any bid submission delivered after this date/time will be returned to the bidder unopened. Your final or total offer must be on the Project Item Bid Schedule provided as a total bid amount including the appropriate sales tax in order for your final bid to be accepted. All bids not including or using the Project Item Bid Schedule as the final or total offer will be returned to the bidder as a rejected bid. All Bid Submittals must include all the completed Agreement Documents listed as Mandatory Items on the Bid Submittal Checklist or they will be returned to the bidder as a rejected bid. All bid submissions must be accompanied by a bid bond in the amount of 10% of your total bid. Bid bonds must be executed by a duly licensed corporate surety in the State of Arizona and be made payable to the Town of Camp Verde. Said bid security shall be considered liquidated damages and shall be forfeited to the Town of Camp Verde in the event the bid is accepted by the Town of Camp Verde, and the successful bidder fails to execute and deliver to the Town of Camp Verde the completed Agreement Documents within 10 days after the Agreement is awarded to the successful bidder.

Award

The Town Council may award the Agreement to the lowest responsible bidder responsive to this Bid Invitation. The award shall occur at the next available regular scheduled meeting of Mayor and Town Council at the Town of Camp Verde Council Chambers, 473 South Main Street, Camp Verde, Arizona 86322. The Town of Camp Verde reserves the right to reject any or all bids, re-schedule award/council meeting dates, to waive any and all formalities, and to accept the bid deemed to be in the best interest of the Town of Camp Verde. That Bidder being awarded the Project shall be notified of this meeting time, date, and place via a formal Notice of Award to be issued by the Town of Camp Verde Public Works Department.

Project Bonding and Notice to Proceed

The Town of Camp Verde Project Manager shall contact the successful Contractor/Bidder once the Project is formally awarded by the Town of Camp Verde Mayor and Town Council. The project manager will advise the contractor to proceed with obtaining the required 100% performance and payment bonds for the total project amount, certificates of insurance with endorsements, any business licenses, and project schedule. This will also serve as a notice to begin to prepare and submit materials submittals for review and approval. The Project Manager will coordinate with the Contractor to schedule a pre-construction meeting. At this meeting, the Contactor shall submit any outstanding required paperwork. The Town of Camp Verde Project Manager shall provide the Contractor/Bidder with a formal Notice to Proceed with the Project indicating starting dates, term of Project, and Project completion dates. The Notice to Proceed shall be signed by both the Contractor/Bidder and the Public Works Department at this pre-construction meeting agreeing on the Project start dates, the term of Project, and the Project completion dates.

All work shall be completed and invoiced no later than 45 calendar days from issuance of Notice to Proceed. Work will coincide with the Verde Ditch Company’s annual maintenance schedule when the ditch is drained for maintenance. All work shall be complete by the end of this maintenance period.

The timing of this project is critical due to the work required within the irrigation ditch. Installation of the culvert and all associated work within the ditch must be completed while the ditch is out of service and water flow has been temporarily discontinued for its annual maintenance period.

Based on the current irrigation schedule, the ditch is expected to be dry beginning November 1, 2026, with water flow anticipated to resume on February 1, 2027. This provides an approximately three-month construction window to complete the culvert installation and all related work within the ditch.

DEFINITION OF TERMS

In the Agreement Documents, the following terms shall be as defined below:

ADDENDUM (ADDENDA) means a change, clarification or addition to the Solicitation documents issued by the TOWN to prospective bidders or proposers prior to the time set for the submission of Offers. An Addendum may also reset the time for the submission of offers.

AGREEMENT, also referred to as Contract, shall mean collectively all of the Agreement Documents included in the Table of Contents within the Bidder Packet or included as formal attachments throughout the bidding process.

AGREEMENT/CONTRACT TIME means the number of Calendar Days, Work Days or Business Days allowed by the Agreement for the performance of the Work and as defined in this specific Agreement.

When not otherwise described Contract Time is the number of Calendar Days to elapse between the commencement date given on the formal Notice to Proceed and the date set for Final Completion of the Contract.

AGREEMENT DOCUMENTS means the Solicitation Document and addenda thereto, the Town of Camp Verde Agreement, General Conditions, General Provisions, Special Provisions, the accepted Offer or Proposal, Plans, Specifications, amendments, Notice of Award, Notice to Proceed, all other attachments, and any approved Change Orders.

AGREEMENT PRICE means the total of the awarded Offer amount, as increased or decreased by the price of approved alternates and Change Orders.

ALTERNATES are distinct packages of Work that form a discrete subpart of the solicitation that are in addition to or in lieu of Work described in the base bid or proposal and which the Owner may, at the Owner’s sole discretion, elect to have performed at the price bid or proposed. Alternates may or may not be used to determine the successful bid or proposal. Alternates to be performed may be selected prior to Contract award, at the time of award or after award.

ARCHITECT/ENGINEER, also known as Consultant, means the licensed Design Professional appointed by the TOWN to act in that capacity (Owner may delegate responsibilities of the Owner’s Authorized Representative to the Architect/Engineer).

BUSINESS DAY(S) means every day except Saturday, Sunday, and legal holidays recognized by the TOWN.

Unless otherwise specified, a Business day commences at 7:00 am local time and concludes at 5:00 pm local time.

CALENDAR DAY means a period of twenty-four hours commencing immediately after 12:00 am local time and extending until 12:00 pm of the same day. No days are excluded. No adjustment is allowed for the length of the day.

CHANGE ORDER means a written order prepared by the Contractor and submitted to the TOWN for approval requiring a change in the Work within the general scope of the Agreement Documents. The Change Order will quantify any additional costs and /or Agreement time adjustments related to the Change Order. The Change Order shall be signed by the Public Works Department or Authorized Representative, and Contractor.

CONSTRUCTION means the act of performing the Work on the Site of Work.

CONTRACTOR means any legally recognized entity doing business as a sole proprietorship, a partnership, a joint venture, a corporation, a limited liability company or partnership, or any other entity possessing the legal capacity to contract to perform services or do a job. Contractor also means the Person awarded the Contract for the Work contemplated.

DEFECT OR DEFECTIVE means not meeting the prescribed professional standard for appearance, quality, function, or performance.

DELAY means an occurrence or an obstacle to performance of the Work that impedes the accomplishment of Work according to the approved schedule at the time that it arises.

DESIGN DOCUMENTS means the documents included in the Agreement that describe or illustrate the technical requirements for the Work to be done.

DESIGN PROFESSIONAL Includes, but is not limited to Architects, Engineers, Landscape Architects, Professional Land Surveyors and Geotechnical professionals and licensed consultants or their designees providing service to any of them. The Owner’s Design Professional is the person or entity who signs or seals the Design Documents that have been readied for construction or the Construction Plans. The Town’s Engineer or his designee may also serve as a Project Design Professional.

DIRECT COSTS means, unless otherwise provided in the Agreement Documents, the cost of:

• Materials, including sales tax

• Cost of Delivery

• Cost of Labor, including social security, unemployment insurance, and workers compensation insurance

• General Overhead

• Project Specific Liability Insurance

• Bond Premiums

• Rental Cost of Equipment and machinery required for execution of the work

• Additional costs of field personnel directly attributable to the Work.

FINAL COMPLETION means the final completion of all Work requirements under this Agreement to the satisfaction of the Public Works Department in a manner that would allow closure of this Contract/Agreement including the release of the final payment and all retainage.

LIQUIDATED DAMAGES means an amount, stipulated in the Contract, which the parties believe to be a reasonable estimation of the damages which will occur in the event of a breach of this Contract/Agreement, such as an overrun on the allocated time for completion of the Work, inadequate performance or completion of the Work, the use of inadequate or wrong materials, or other Work performance deficiencies that prove unsatisfactory to the Public Works Department.

NON‐CONFORMANCE REPORT(S) means a report or reports issued by the Town of Camp Verde that determines, through the Town of Camp Verde’s observation, measurement, or testing, that the Work, all or in part, do not conform to the requirements of this Agreement and may result in the suspension of the Work together and/or additional costs to the Contractor related to remediation or removal of all or part of the Work.

NON‐CONFORMING WORK means Work, or portions of the Work that do not conform to the requirements of this Agreement. Non‐Conforming Work may result in the suspension of work, remediation or removal of the Non-Conforming Work, or adjustment of this Agreement and compensation to the Contractor, with or without impact on Agreement/Contract Time.

NOTICE means a formal written document required by law or by contract to advise the recipient of an occurrence or condition, to claim a right provided by law or by contract, to waive a right provided by law or by contract, to start the running of a period of time or to stop the running of a period of time. Notice must be in the form required by law or by contract and must be delivered to the person or the address specified within the time allowed. The responsibility for the delivery of Notice rests with the party giving notice. The Notice described in this paragraph shall be delivered, in writing, either in person, email, or US mail, at the address provided for the party receiving Notice in the Agreement, during Business Hours on a Business Day. Unless otherwise specified, a Notice that is correctly addressed and placed in the US Mail with correct postage shall be deemed to have been “given” when placed in the custody of the US Postal Service as shown by a postmark applied by the Postal Service.

NOTICE TO PROCEED means the official written notice from the Town of Camp Verde stating that the Contractor is to proceed with the Work defined in this Agreement. Notwithstanding the Notice to Proceed, Contractor shall not be authorized to proceed with the Work until all initial Contract requirements, including this Agreement, performance bond and payment bonds, and certificates of insurance, have been fully executed and submitted to Town of Camp Verde in a suitable form.

OWNER means the Town of Camp Verde for this Agreement.

OWNER'S AGENT means the individual designated by the Town of Camp Verde (Owner) to provide Project management services (usually the Public Works Department and/or his designee).

OWNER'S AUTHORIZED REPRESENTATIVE(S) means individual(s) that are identified in writing by the Town of Camp Verde (Owner) to act on behalf of the Owner to provide some form of Project management services for this Project. Owner may elect, by written notice to the Contractor, to delegate certain Project management duties to more than one party, including without limitation, professional services providers such as Architects or Engineers.

PLAN SET means the drawings, shop drawings, plan additions, etc. and all notes which show the locations, types, dimensions, and details of the Work to be done under this Agreement, including any and all Addenda.

PUNCH LIST means the list of Work yet to be completed or deficiencies which need to be corrected in order to achieve Final Completion of this Agreement/Contract.

RECORD DOCUMENT(S) means a document intended to be held for a duration longer than the Agreement Period, which pertains to Work done or to things purchased or installed, including these Agreement Documents, the As-Built Plans, Specifications, testing and inspection records, product data, samples, manufacturer and distributor/supplier/manufacturer warranties evidencing transfer to Owner, operational and maintenance manuals, shop drawings, Change Orders, correspondence, and certificate(s) of occupancy.

SITE OF WORK means the physical location(s) where the Work takes place as defined by this Agreement. It includes designated real property owned or controlled by the Town of Camp Verde where construction takes place including storage sites, waste areas, fabrication areas and component assembly sites as designated by the Town of Camp Verde.

SOLICITATION DOCUMENT means an Invitation to Bid or Invitation for Bids.

SPECIFICATION(S) means any description of the physical or functional characteristics of the Work, or of the nature of a supply, service or construction item. Specifications may include a description of any requirement for inspecting, testing or preparing a supply, service or construction item for delivery and the quantities or qualities of materials to be furnished under the Contract. Specifications generally will state the results or products to be obtained and may, on occasion, describe the method and manner of doing the Work to be performed. Specifications may be incorporated by reference and/or may be attached to the Contract.

SUBCONTRACTOR(S) means a Person/Contractor having a direct contract with the Contractor, or another Subcontractor, to perform one or more items of the Work.

SUBSTANTIAL COMPLETION is the stage in the progress of the Work when the Work or designated portion that the Owner agrees to accept separately is sufficiently complete in accordance with the Contract Documents as recommended by the Contract Administrator so the Owner can occupy or utilize the Work.

SUBSTITUTIONS means items proposed and accepted by the Town of Camp Verde as alternatives to those called for by the Agreement Documents that in function, performance, reliability, quality, and general configuration are the same or better than the product(s) 20 specified. Approval of any substitute item shall be solely determined by the Town of Camp Verde or their Authorized Representative.

WORK means the furnishing of all materials, equipment, labor, transportation, services and incidentals necessary to successfully complete any individual Work item or all Work items in this Agreement and the carrying out of duties and obligations imposed by the Agreement Documents.

AGREEMENT GENERAL PROVISIONS

Project Description

The Contractor shall provide the necessary labor, materials (not otherwise specified as supplied by the Town), equipment, fixtures, licenses, insurance, bonds, permits, and services required to complete Project Number 26-236 known as “Park Verde Road Irrigation Crossing Improvements Project”, which is the removal and replacement of a portion of Park Verde Road to facilitate the installation of a concrete box culvert for the Verde Irrigation Ditch, and related work as required in accordance with the Plans, Specifications, and Agreement documents.

The successful Contractor/Bidder and its Subcontractors will be required to:

• Have a current State of Arizona contractor’s license for the work being performed under this

Agreement

• Have or obtain a Town of Camp Verde Business License- this applies to all Contractors and

Subcontractors

• Abide by all Agreements/Agreement Documents

• Provide adequate personnel, time, and equipment to assure completion of the work in a timely manner that coincides with the Project needs and agreed upon schedules.

• Hold the Town of Camp Verde harmless for his or her failure to comply with any parts of this agreement and all safety, health, insurance, and other requirements on the part of themselves, their employees, or subcontractors.

Compliance with Federal and State Laws

The Contractor shall comply with the following applicable requirements of federal and state civil rights statutes or rules and regulations when performing the Work within this Agreement:

a. The Civil Rights Act of 1964, Title VI and 1968, Title VIII

b. The Americans with Disabilities Act of 1990

c. The Immigration and Reform and Control Act of 1986

d. The Drug-Free Workplace Act of 1989

e. A.R.S. § 34-301, as amended, “Employment of Aliens on Public Works Prohibited”

f. A.R.S. § 34-302, as amended, “Residence Requirement for Employees”.

g. A.R.S. §41-4401

h. A.R.S. §23214(A)

i. All Federal Immigration laws and regulations that relate to their employees

A breach of these Agreement provisions concerning violation of federal labor standards and/or any non-compliance by the Contractor shall constitute a material breach of this Agreement and can be grounds for termination of this Agreement and can result in sanctions, penalties and liquidated damages, and/or debarment of the Contractor. The Town of Camp Verde retains the legal right to inspect the documentation of any of the Contractor’s or any Subcontractor’s employees who works on this Project to ensure that the Contractor or any Subcontractor is complying with the terms of this Agreement. The Contractor agrees to assist the Town of Camp Verde in regard to any such documentation requests and inspections.

1 GENERAL PROVISIONS

1.1 BASIC DEFINITIONS

1.1.1 THE CONTRACT DOCUMENTS

The Contract Documents (listed in order of precedence) consist of:

1.1.1.1 Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change

Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued pursuant to Paragraph 7.4;

1.1.1.2 The Agreement between Owner or Town and Contractor (hereinafter the

Agreement);

1.1.1.3 These General Conditions of the Contract;

1.1.1.4 General Construction Specifications; the Approved Construction Plans, Specifications, and any Addenda issued prior to execution of the Contract;

1.1.1.5 Invitation for Bids/Instructions to Bidders;

1.1.1.6 The Bid Submission Agreement;

1.1.1.7 The Contractor’s Bid Schedule;

1.1.1.8 Other documents listed in the Bid Submission agreement.

In the event of a conflict, the Contract Documents shall control in the order listed above with modifications controlling all other documents and agreements next and thereafter down the list.

1.1.2 THE CONTRACT

The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract

Documents shall not be construed to create a contractual relationship of any kind

(1) between the Contract Administrator and Contractor, (2) between the Owner and a Subcontractor, Sub-subcontractor, or Supplier (except as provided in Paragraph

5.4), (3) between the Owner and Contract Administrator or (4) between any persons or entities other than the Owner and Contactor. The Contract Administrator shall, however be entitled to performance and enforcement of obligations of the

Contractor under the Contract intended to facilitate performance of the Contract

Administrators duties.

1.1.3 THE WORK

The term “Work” means the construction and services required by the Contract

Documents, whether completed or partially competed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.

1.1.4 THE PROJECT

The Project is the total construction of which the Work performed under the

Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors.

1.1.5 THE APPROVED CONSTRUCTION PLANS

The Approved Construction Plans, also the Drawings or the Plans are the graphic and pictorial portions of the contract documents showing the design, location and dimensions of the Work generally including plans, elevations, sections, details, schedules and diagrams.

1.1.6 THE SPECIFICATIONS

The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services.

1.1.7 “DESIGN ENGINEER”

The word “Design Engineer” shall mean the Owners Design Engineer. The Design

Engineer shall be acting as the project engineer. The Contractor shall not contact the

Design Engineer. Contractor shall refer all questions to the Contract Administrator.

1.1.8 MISCELLANEOUS DEFINITIONS

1.1.8.1 The term “Addendum” or “Addenda” as used herein means a change to the

Contract Documents issued by the Contract Administrator with the Owner’s approval prior to the execution of the Agreement.

1.1.8.2 The word “Bidder” shall mean any person or entity placing a bid on the

“Project.”

1.1.8.3 The word “Contractor” shall mean the person or entity the Town contracts with to construct the “Project.”

1.1.8.4 The term “Product” as used herein includes materials, systems and equipment.

1.2 EXECUTION, CORRELATION AND INTENT

1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complimentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to be in compliance with the

Contract Documents and what is reasonably inferable from them as being necessary to produce the indicated results.

1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

1.2.3 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. Words and abbreviations that have well-known local trade or technical meanings may be used in the Contract

Documents in accordance with such recognized meanings.

1.2.4 The Contractor shall not make any changes from the Contract Documents without having first received written permission from the Contract Administrator. Where detailed information is lacking, if work is required in a manner that makes it impossible to produce satisfactory work, or should discrepancies appear among

Contract Documents, an interpretation should be requested in writing to the

Contract Administrator and the Contractor shall obtain written information from the Contract Administrator before proceeding with the work.

In the event of conflicts or discrepancies among the Contract Documents, interpretations will be based on the priorities listed in Paragraph 1.1.1 of the

Agreement. In case of an inconsistency between Drawings and Specifications or with either Document not clarified by addendum, the better quality or greater quantity of

Work shall be provided in accordance with the Contract Administrator interpretation. Where dimensions are not shown, measurements shall be verified with the Contract Administrator and by measuring actual conditions of the work already in place. Do not scale drawings.

1.2.5 Should conflicts occur in or between Drawings, Specifications, Soils Report, Addenda, etc., the Contractor is deemed to have estimated on the more expensive way unless he has asked for and obtained a written decision from the Contract

Administrator before submission of his proposal as to which method or materials will be required. Except as provided by Subparagraph 1.2.7, in the event of a discrepancy in the Contract Documents, the intent of the parties shall be determined by interpreting the Contract Documents as a whole. Anything shown in one part and not in another part, or any other ambiguity or conflict in the Contract Documents shall be brought to the attention of the Contract Administrator who will determine what was intended from the Contract documents, and so notify the Owner and

Contractor.

1.2.6 All work and material shall be the best of the respective kinds specified or indicated.

Should any workmanship or materials be required which are not directly or indirectly called for in the Specifications and/or shown on the Drawings but are consistent with the Contract Documents and reasonably inferable from them or industry standard practice, said workmanship or materials shall be included in the bid and the same as similar parts that are detailed, indicated or specified, or shall match or exceed the quality of existing for remodeling and restoration work. The

Contractor shall understand the same to be implied and provide for it in his work as fully as if it were particularly described or delineated.

1.2.7 When published local, State or national standards, codes or specifications are cited in the Construction Documents as a standard to govern materials or workmanship, such standards, codes or specifications, or portions thereof, shall be binding and have the full force and effect as though copied fully into these Specifications. Unless otherwise specifically stated, the standards, codes or specifications referred to shall be the latest edition or revision that is in effect on the date of the completion of the

Contract Documents.

1.2.8 The quality of workmanship or materials introduced into the Work pursuant to

1.2.3 through 1.2.9 shall be the same as similar parts that are detailed, indicated or specified.

1.2.9 The Contractor guarantees that the Work will conform to the Contract Documents.

1.3 CAPITALIZATION

1.3.1 Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document.

1.4 INTERPRETATION

1.4.1 In the interest of brevity, the Contract Documents frequently omit modifying words such as “all” and “any” and articles such as “the” and “an”, but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.

1.5 EXECUTION OF CONTRACT DOCUMENTS

1.5.1 The Agreement shall be signed by the Owner and Contractor. If either the Owner or

Contractor or both do not sign the Agreement, the Contract Administrator shall notify the party or parties that have not signed and require their signature. Failure to sign said documents within a reasonable time after notice shall be a substantial breach of the Agreement and these General Conditions. Execution of the Agreement shall be evidence of the parties’ acceptance of the Agreement and these General

Conditions and all other Contract Documents listed herein or in the Agreement.

1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the

Contract Documents, including, but not limited to, Paragraph 3.2. In entering into this contract agreement, the Contractor certifies and confirms his ability to construct the Project, within the specified time, based on his detailed review of the plans and specifications and site visitations, from information available to him from the plans and specifications and applicable codes, and the Contractor represents that the Contract Documents are full and complete, are sufficient to have enabled the Contractor to determine the cost of the work therein, and to enter into the

Contract and that the Contract Documents are sufficient to enable Contractor to construct the work outlined hereunder within the time and for the cost set forth in the Contract Documents, and that Contractor has no knowledge of any discrepancies, omissions, ambiguities or conflicts in the Contract Documents, and

Contractor will notify the Owner and Contract Administrator promptly if it becomes aware of any such discrepancies, omissions, ambiguities or conflicts in the Contract

Documents.

1.6 OWNERSHIP AND USE OF DESIGN ENGINEER’S DRAWINGS, SPECIFICATIONS AND

OTHER INSTRUMENTS OF SERVICE

1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Design Engineer and consultants (hereinafter collectively referred to as Design Documents) are furnished to the Contractor for the purpose of performing the Work and are instruments of Service. The Contractor may retain one record set of the Design Documents. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Design Documents. The Design Documents, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. The Design Documents are not to be used by the Contractor or any Subcontractor, Sub-subcontractor, or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner.

The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Design

Documents appropriate to and for use in the execution of their Work under the

Contract Documents. All copies of the Design Documents made under this authorization shall bear the statutory copyright notice, if any, shown on the Design

Documents. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Design Engineers, Owner’s, or Design Engineer’s consultants’ copyrights or other reserved rights.

1.6.2 The reuse, reproduction or publication by any method, in whole or in part of the

Design Documents, is prohibited. Title to the Design Documents and Project Manual remains with the Owner without prejudice. Contact with these Design Documents and Project Manual shall constitute prima facie evidence of the acceptance of these restrictions. Contractor shall indemnify and hold harmless Owner and Design

Engineer for any use of the Design Documents and Project Manual in violation of this section 1.6 and shall be otherwise liable as may be allowed by law.

1.7 SPECIFICATIONS

1.7.1 The misplacement, addition or omission of any letter, word or punctuation mark shall in no way damage or effect the true spirit, intent, or meaning of the

Specifications.

1.7.2 The words “shown,” “indicated,” “noted,” “scheduled,” or words of like effect shall be understood to mean that reference is made to the drawings accompanying these specifications.

1.7.3 Where reference herein is made to products “as approved” or “as selected,” selection or approval shall be by the Contract Administrator.

2 OWNER

2.1 GENERAL

2.1.1 The Owner is The Town of Camp Verde, designated as the “Owner” in the Owner

Contractor Agreement and as referred to throughout the Contract Documents.

Except as otherwise expressly provided in Subparagraph 4.2 or other written authorization by Owner, the Design Engineer does not have authority to act for or on behalf of Owner. The term “Owner” means the Owner or the Owner’s authorized representative(s).

2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER

2.2.1 The Owner shall secure and pay for necessary permits, fees, approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities, with the exception of

ADOT right-of-way permits and ADEQ storm water permits which shall be the responsibility of the Contractor.

2.2.2 The Owner has furnished or shall furnish one or more surveys describing physical characteristics of the site of the Project, and/or a legal description of the site. The

Contractor shall be entitled to reasonably rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work in compliance with the Contract Documents. The furnishing of these documents, or an industry standard investigation of subsurface conditions, shall not relieve the Contractor from its duties under the Contract

Documents in general or in particular Subparagraph 1.5.2, 3.2.1 and 4.3.6, of these

General Conditions.

2.2.3 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness to avoid unreasonable delay in orderly progress of the Work. Any other information reasonably necessary to the

Contractor’s performance of the Work under the Owner’s control shall be furnished by the Owner after receipt from the Contractor of a written request for such information.

2.2.4 The Owner shall promptly permit any actual or prospective Subcontractor or material man to review and copy any and all surety bonds, and alternate securities for the project, pursuant to A.R.S §39-121.01.

2.3 OWNER’S RIGHT TO STOP THE WORK

2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or fails to carry out Work in accordance with the Contract Documents or fails or refuses to provide a sufficient amount of properly supervised and coordinated labor, materials, or equipment so as to be able to complete the Work within the Contract

Time or disregards the instructions of the Owner or Contract Administrator, when based upon the requirements of the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, nor shall it give

Contractor any claim, cause of action or basis for a modification or change order for time or money.

2.4 OWNER’S RIGHT TO CARRY OUT THE WORK

2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the

Contract Documents and fails within a seven (7) day period after receipt of written notice from the Owner or Contract Administrator to commence and continue correction of such default or neglect with diligence and promptness, the Owner may without prejudice to other remedies the Owner may have, correct such deficiencies.

2.4.2 Should the Contractor:

1. fail to achieve the Contract Dates of Substantial Completion or Final Completion, or

2. appear, in the Owner’s and Contract Administrator judgment, unable to achieve

Substantial Completion by the Contract date and fail to correct Owner and

Contract Administrators concerns within seven days written notice thereof, The Owner, with certification by the Contract Administrator, may take over any or all of the Work with twenty-four (24) hours written notice.

2.4.3 In such cases as set forth in Subparagraph 2.4.1 or 2.4.2, an appropriate Change

Order shall be issued deducting from payments then or thereafter due the

Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for any additional services and other expenses made necessary by such default, neglect or failure. If payments then or thereafter due the

Contractor are not sufficient to cover such amounts, the Contractor or his surety shall pay the difference to the Owner.

3 CONTRACTOR

3.1 DEFINITION

3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term

“Contractor” means the Contractor or any of the Contractor’s authorized representatives.

3.1.2 The Contractor shall be qualified to perform the Work and have the requisite professional or technical licenses, be licensed to do business in the State of Arizona and possess a current Town of Camp Verde business license.

3.1.3 The Contractor shall perform the Work in accordance with the Contract Documents.

3.1.4 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the

Contract Administrator in the Contract Administrators administration of the

Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor.

3.1.5 The Contractor is responsible for quality control inspections of the Work to ensure that it is being constructed in accordance with the Contract Documents. It is the express purpose of the Contract Agreement for the Contractor to provide to the

Owner a fully constructed and operational facility or project built to the highest quality standards. The Contractor is responsible for construction in accordance with the Contract Documents to the highest quality standards, independent of observations by the Contract Administrator or Owner.

3.1.6 If the Contractor fails to provide timely or adequate quality control of the construction in progress, it may result in the performance of corrective work at a less opportune time. The time of discovery of a deficiency in the Work by the Owner or the Contract Administrator shall not negate the requirement for the Contractor to correct the deficiency to comply with the Contract Documents.

3.1.7 Should it become necessary for the Design Engineer or other design professional to incur additional costs during the course of construction, or subsequent to the final inspection, due to the Contractor’s failure to maintain required quality control or schedule, or the Contractor’s acts, omissions or negligence, the Design Engineer, designee or other design professional will provide all necessary additional services at his standard hourly rate and will charge the Owner as part of an Additional

Service Request, and such costs will be reimbursed by the Contractor or deducted from monies still due the Contractor. These costs are in addition to any liquidated damages.

3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR

3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents;

however, any errors, inconsistencies or omissions discovered (or which reasonably should have been discovered) by the Contractor shall be reported promptly to the

Contract Administrator as a request for information in such form as the Contract

Administrator may require. If the Contractor proceeds with work affected by such errors, inconsistencies or omissions without receiving interpretation or clarification from the Contract Administrator, he does so at his own risk, and all costs, expenses and/or damages arising therefrom shall be at the Contractor’s sole expense.

Execution of the Contract by the Contractor is a representation that the Contract

Documents are full, complete and sufficient to enable the Contractor to: (1) determine the cost of the Work; (2) construct the Work outlined therein; and (3) otherwise to fulfill all of its obligations hereunder; including, but not limited to, Contractor’s obligation to construct the Work for the Contract Sum on or before the date(s) of Substantial Completion and complete all punch work and deficiency corrections on or before the date(s) of Final Completion, established in the…