27019 IFB Sierra Wash Erosion Mitigation at Glover Road.pdf

Invitation for Bids No. 27019

Sierra Wash Erosion Mitigation Project at Glover Road

Bid Due Date:

Thursday, October 1, 2026 3:00 p.m. Local AZ Time in the Town of Oro Valley Kachina conference room. Opening will also be available on MS Teams at the following link:

Microsoft Teams Meeting ID: 224 003 197 692 891

Passcode: Fo3Eh7u9

Pre-Bid Meeting: Thursday, September 17, 2026 at 10:00am Local AZ Time. Interested bidders are invited and strongly encouraged to attend the pre-bid conference to be held in the Town of Oro Valley Hopi Conference Room, 11000 N. La Canada, Oro Valley, AZ, 85737. A site visit will be conducted after the pre-bid. The Pre-Bid Meeting will be available via MS Teams at the following:

Microsoft Teams Meeting ID: 241 079 525 454 921

Passcode: 4TG9Jb6K

Where to Obtain a Copy of the Solicitation A copy of this solicitation and future addenda may be obtained from the Town’s Internet s i t e a t : https://www.orovalleyaz.gov/Government/Departments/Town-Managers-Office/Procurement.

The Town of Oro Valley takes no responsibility for informing recipients of changes to the original solicitation document. It is the Offeror’s responsibility to obtain a copy of any amendments to this solicitation.

Failure to submit signed amendments with the solicitation response may be grounds for deeming a submittal as non-responsive.

All inquiries and questions regarding this solicitation must be directed in writing to, at kwuoti@orovalleyaz.gov. Please include “IFB No. 27019” in the subject line of the email.

RESPONSES TO THIS SOLICITATION: In order to be considered, the Offeror must complete and submit its proposal response to the Town Clerk at 11000 N. La Canada Dr., Oro Valley, AZ 85737, prior to or at the Town’s exact and mandatory due date and time. The Offeror’s response shall be submitted in a sealed envelope. The words “SEALED SUBMITTAL” with the INVITATION FOR BIDS TITLE, INVITATION FOR BIDS NUMBER, SUBMITTAL DUE DATE AND TIME and OFFEROR’S NAME AND ADDRESS shall be written on the envelope.

Publishing Dates: September 8, 9, 10 & 11 http://www.orovalleyaz.gov/Government/Departments/Finance/Procurement http://www.orovalleyaz.gov/Government/Departments/Finance/Procurement mailto:kwuoti@orovalleyaz.gov.

NOTICE OF INVITATION TO BID No. 27019

Drainage Infrastructure Repair & Rehabilitation Project Sierra Wash Erosion Mitigation at Glover Road (OV50 21-22 03)

TOV Case #2502430 The Town of Oro Valley is seeking sealed bids for Drainage Infrastructure Repair & Rehabilitation: Sierra Wash Erosion Mitigation at Glover Road. The project will construct a concrete chute spillway at the outlet of an existing 3 barrel 10’ by 4’ reinforced concrete box culvert, gabion mattress apron, and rock faced concrete slope protection at this location of Sierra Wash in Pima County, Oro Valley, Arizona.

This project is being supported in part through the Federal Emergency Management Administration (FEMA) Hazard Mitigation Grant Program (HMGP) DR-4524-06-04 award as overseen by the Arizona Department of Emergency and Military Affairs (DEMA).

The project shall be complete and in place within 75 calendar days from Notice to Proceed. Liquidated damages for late delivery will be assessed per Pima Association of Governments (PAG) Standard Specifications for Public Improvements (2015) Subsection 108-9.

While the project utilizes federal funds, no goal for participation by Small Disadvantaged Business and Minority and Women-Owned Businesses has been established. However, respondents are encouraged to maximize participation of Small Disadvantaged Business and Minority and Women-Owned Businesses in direct contracting and contracting opportunities generated by FEMA grant requirements and 2 CFR § 200.321 and

44 CFR § 13.36.

Compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144 thru 3148) is not required on this contract.

Contractors must have the appropriate license issued by the State of Arizona Registrar of Contractors at the time of bid opening.

BIDDER PROPOSAL FORM

THE FOLLOWING PAGES ARE TO BE COMPLETED TO CONSTITUTE THE BIDDER’S PROPOSAL

Bidder:

BIDDER’S PROPOSAL

Project No. 27019

Sierra Wash Erosion Mitigation at Glover Road

To the Town of Oro Valley, Arizona:

In compliance with the Notice Inviting Sealed Bids, the undersigned as Bidder proposes to furnish all materials, equipment and all labor and methods and do all work necessary for the proper construction and completion of the work, in strict and complete accord with the Plans, Specifications, Special Provisions and other Contract requirements at the prices set forth in the following Bid Schedules for the work generally described as follows:

Project No. 27019

Sierra Wash Erosion Mitigation at Glover Road

Bidder declares that he/she has carefully examined the location of the proposed work generally described and is familiar with the Plans, Specifications, Special Provisions and local conditions at the place the work is to be done and understands that all labor, materials and equipment are to be furnished, shall be for the prices bid, and that the undersigned, as Bidder, has checked figures set forth in the Bid Schedule, and understands that neither the Town of Oro Valley nor any of its officers or employees will be responsible for any errors or omissions on the part of the undersigned Bidder in submitting its completed Proposal.

Accompanying this Bidder's Proposal is cash, a cashier's check, certified check or Bidder's Bond payable to the Town of Oro Valley in the amount of dollars ($ ), which is equal to at least ten percent (10%) of the total amount of the bid.

The Bidder further agrees that if he/she defaults in executing the required Contract Agreement and/or fails to submit the required Performance Bond, Payment Bond, Insurance Certificate(s), or executed Contract Agreement to the Town by the Town’s specified date, the proceeds of his/her proposal guarantee accompanying his/her Bidder's Proposal, be it cash, check or bond may be forfeited to the Town of Oro Valley, subject to the law, and this Bidder's Proposal, acceptance and the Award of the Contract may be considered null and void.

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

The Bidder is required to set forth herein the name and location of the place of business of each subcontractor who will perform work or labor or render service to the General Contractor on the construction of the work or improvement to be performed under the Contract Documents attached, and the portion of the work that will be performed by each subcontractor for each subcontract in excess of five percent (5%) of the total bid. The Bidder agrees to perform all parts of the Contact that have not otherwise been specified herein to be performed by a subcontractor. If the Town has reasonable objection to any proposed subcontractor, it may request Bidder to submit an acceptable substitute. If Bidder declines to make any substitution, then the Town may award the Contract to the next lowest qualified Bidder.

A Contractor shall not substitute subcontractors listed in the original bid except under the following conditions, and only with the written approval of the Town Department Director or designee.

1) The subcontractor listed in the bid, when presented a contract based on the general terms, conditions and specifications of the bid fails or refuses to enter into contract with the Bidder.

2) The listed subcontractor fails or refuses to perform the subcontract.

3) The listed subcontractor fails or refuses to meet the bonding requirements, if any, of the Contractor.

4) The listed subcontractor is not appropriately licensed.

5) The work performed by the subcontractor is unsatisfactory and/or not in accordance with the Plans and Specifications.

If the Contractor makes a substitution without prior written approval of the Director or designee, the Town may take action against the Contractor to include, but not limited to, contract termination and/or disqualification.

The Bidder shall set forth clearly legible figures for the "Firm, Fixed Total Bid Amount" in the spaces provided at the bottom of each golf course Bid Schedule.

The Bidder understands that any quantities provided by the Town, or elsewhere in the Contract Documents, are approximate and for comparison of bids only, and are subject to reasonable increase or decrease, in the opinion of the Town, and Contractor proposes to perform all quantities of work as either decreased or increased, in accordance with the provisions of the Specifications, at the unit prices it bid.

The Town reserves the right to reject any and all bids or any part thereof, or to accept any bids or any part thereof, to waive any irregularity, informality or technicality in any bid, or to withhold the award to the extent permitted by law. The Town further reserves the right to advertise for new bids if, in the judgment of the Town, it is in the best interests of the Town. The Bidder agrees that he/she may not withdraw his/her bid after accepted by the Town and prior to execution of the Contract by the successful Bidder.

In submitting the bid, the Bidder offers and agrees that, if the bid is accepted, the Bidder will assign to the Town all rights, title and interest in and to all causes of action the Bidder may have arising from purchases of goods, materials or services by the Bidder for sale to the Town pursuant to the bid. Assignment shall be made and become effective at the time the Town tenders final payment to the Bidder.

The complete Contract includes all of the Contract Documents as set forth in full herein, including but not limited to the Contract Agreement, all Contract Change Orders issued after the execution of the Contract Agreement, all Addenda issued prior to the opening of the bids, the Project Plans, the Project Specifications, as appropriate the Pima Association of Government’s Standard Specifications (2015 Edition), the Bidder's Proposal, the Notice Inviting Bids, the Performance Bond and the Payment Bond.

The successful Bidder shall cause the Payment and Performance Bonds to remain in full force and effect through the warranty and guarantee period.

The Bidder's attention is directed to Section 18 of the Contract Agreement and Subsection 109‐7 entitled, "PARTIAL PAYMENT" of the PAG Standard Specifications for Public Improvement (2015 Edition) for direction on how the ten percent (10%) retention will be administered.

The Contractor to whom the Contract is awarded shall be required to obtain a Business License from the Town of Oro Valley and shall be required to pay all necessary fees associated therewith. Information regarding the Business License can be obtained from the:

Town Clerk, Town of Oro Valley 11000 North La Cañada Drive Oro Valley, Arizona 85737.

It is understood and agreed if the undersigned Bidder is awarded the contract that the work shall commence as provided in the Notice to Proceed and completed by the Contractor 75 CCD (consecutive calendar days) thereafter. Liquidated damages in the amount of $ 640/day will be assessed per Article III of the Construction Agreement.

Prior to issuance of Notice to Proceed, the Contractor shall submit Project Schedule, Traffic Control Plan, Safety Plan, Material Supplier and Subcontractor List, notarized Authorized Signature Form, Contractor License, and Oro Valley Business License.

In compliance with your Notice Inviting Sealed Bids, and Instructions to Bidders, the undersigned hereby proposes to furnish the plant, materials, labor, construction, equipment, services and transportation required for performing all work for the construction of the project designated herein, and to construct the same and install the material therein for the Town, in a good and workmanlike manner strictly in conformity with the Specifications, Drawings, Schedules and pertinent Contract Documents, and to the satisfaction of the Town, and agrees, upon written notice of acceptance of this bid, which may be awarded by the Town within sixty (60) days after the date of opening of the bids, to execute the annexed Construction Agreement in accordance with the bid as accepted and to give bonds with sufficient sureties as required within the timeframe specified in the Notice of Intent to Award letter, and the base bid price is the sum of

($ )Dollars.

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

201 CLEARING & GRUBBING (including access way to wash) 1 LS

203 CHANNEL EXCAVATION 146 CY

CONCRETE DROP STRUCTURE (complete-in-place, include earthwork, toe & key excavation, reinforcing steel & dowels)

42 LF

608 PROJECT SIGN w/POST (Town provided/Contractor Install & Remove) 2 EA

701 MAINTENANCE OF TRAFFIC 1 LS

901 MOBILIZATION 1 LS

908 CONCRETE CUTOFF WALL (9" x 3') (incld #5 rebar) 32 LF

912.1 ROCK FACED CONCRETE SLOPE PAVING (TYPE 1 - 1' toe down) 48 SY

912.2 ROCK FACED CONCRETE SLOPE PAVING (TYPE 1 - 3' toe down) 137 SY

913.1 GABION END SILL (3' X 3' X 6' incld filter fabric & 18" HDPE pipe inserts) 42 LF

913.2 GABION APRON (Reno Mattress (18" thick) (incld filter fabric) 56 SY

913.3 GABION CUTOFF WALL (3' X 3' X 6' incld filter fabric) 15 LF

913.4 DUMPED RIPRAP (incld filter fabric) 336 SY

805.1 HYDROSEED (CLASS II) - FIRST APPLICATION 1 LS

805.2 HYDROSEED (CLASS II) - SECOND APPLICATION 1 LS

806 PALO VERDE TREE (24-Inch Box Nursery Stock) [planted at Naranja Town Park] 6 EA

925.1 CONSTRUCTION SURVEY & LAYOUT 1 LS

INFRASTRUCTURE REPAIR AND REHABILITATION

SIERRA WASH at GLOVER ROAD

EROSION MITIGATION PROJECT

08/27/26

TOTAL BID PRICE:

Bidder:

Contractor’s License No.: Expiration Date:

The undersigned certifies the proposal is genuine, and is not a sham or collusive, nor made in the interest or on behalf of any person not therein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the bidders has not in any manner sought by collusion to secure for itself an advantage over any other bidder.

Contractor's Arizona State License Classification:

Town of Oro Valley Business License No. Expiration Date:

If a corporation, incorporated under laws of the State of:

If a partnership or joint venture, indicate the names and address of the individuals or firms of each member:

BIDDER’S LEGAL NAME:

ADDRESS:

TELEPHONE: EMAIL:

Authorized Signature Authorized Signature

Printed Name Printed Name

Title Title

SIGNING INSTRUCTION TO THE CONTRACTOR:

SIGNATURES MUST BE FROM A CORPORATE OFFICER OR OWNER. IN THE EVENT THAT ANOTHER INDIVIDUAL IS SIGNING, A LETTER OF AUTHORIZATION FROM A CORPORATE OFFICER OR OWNER INDICATING SIGNATORY AUTHORITY FOR THAT INDIVIDUAL MUST BE PROVIDED.

BIDDER’S BOND

KNOW ALL PERSONS BY THESE PRESENTS,

We , as PRINCIPAL, hereinafter referred to as "Contractor", and as Surety, are held and firmly bound unto the Town of Oro Valley in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Contractor above named, submitted by said Contractor to the Town of Oro Valley for the work generally described below, for the payment of the contracted sum in lawful money of the United States, well and truly to be made to the Town of Oro Valley. We bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the Surety hereunder exceed the amount of .

THE CONDITION OF THIS OBLIGATION IS SUCH,

Contractor has submitted the above‐mentioned bid to the Town of Oro Valley for the work generally described below.

Bids are to be opened by the office of the Town Clerk, Town Hall, in the Town of Oro Valley, State of Arizona, on Thursday, September 21, 2023, at 2:00 p.m. Local AZ Time, for the work generally described as follows:

Project No. 27019

Sierra Wash Erosion Mitigation at Glover Road

NOW, THEREFORE, if the Contractor is awarded the Contract and meets the following requirements within the time and manner required under the Contract Documents: 1) enters into a written Contract; 2) files a Bond to guarantee performance; 3) files a Bond to guarantee payment for materials and labor; 4) files the required Insurance Materials; and

5) file the required Insurance Certificate(s), then this obligation is null and void.

In the event the Town is successful in a suit brought upon this Bond, Surety is required to pay all related costs incurred by the Town, including reasonable attorney’s fees as set by the Court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of , 20 .

CONTRACTOR: SURETY:

Name: Name:

Address: Address:

Telephone: Telephone:

By: By:

Attorney‐in‐Fact

NOTE: This bond must be executed by both parties, and in the case of a corporation, with the corporate seal affixed. All signatures must be acknowledged. (See next page). The attorney‐in‐fact for the bonding company must be registered in at least one county in the State of Arizona.

CORPORATE ACKNOWLEDGMENT(S)

STATE OF )

ARIZONA

) ss:

COUNTY OF PIMA )

On this day of , 20 before me personally appeared to me known, who, being by me duly sworn, did depose and say that he/she resides in Pima County, Arizona and that he/she is the of the , the corporation which executed the foregoing instrument: that he/she knows the seal of the corporation: that the seal affixed to the instrument is the corporate seal; that is/was so affixed by order of the Board of Directors of the corporation, and that he/she signed his/her name to the instrument by like order.

Notary Public

My commission expires:

ARIZONA

) ss:

COUNTY OF PIMA )

On this day of , 20 before me personally appeared known to me to be the person whose name is subscribed to this instrument as the Attorney‐in‐Fact of of and acknowledged to me that he/she subscribed the name of as Surety, and his/her own name as Attorney‐in‐ Fact.

INFORMATION REQUIRED OF BIDDER

DESIGNATION OF SUBCONTRACTOR(S)

In compliance with the Contract Documents, the undersigned Bidder sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the General Contractor in or about the construction of the Work or improvement in an amount in excess of five percent (5%) of the General Contractor's Total Bid Amount, and the portion of the work which will be done by each subcontractor as follows:

Subcontractor's

Name Place of Business

Years of Experience Description of Work

Failure to submit an accurate and complete Bidder’s Proposal, including “INFORMATION REQUIRED OF BIDDER” will result in bid rejection.

‐THIS PAGE MARKS THE END OF THE BIDDER PROPOSAL FORM‐

A contract will be executed with the successful bidder(s) that substantially contains the following terms and conditions:

Sierra Wash Erosion Mitigation at Glover Road

THIS CONTRACT is made and entered into by and between the Town of Oro Valley, a Municipal Corporation (the “Town”) and , (the “Contractor”).

The Town and the Contractor for the consideration named agree as follows:

SECTION 1. The complete Contract includes all of the Contract Documents as if set forth in full herein. The Contract and all Contract Change Orders issued after the execution of the Contract, Addendum No(s) issued prior to the opening of the bids, the Project Plans (Exhibit(s) ), the Project Specifications and its Special Provisions, the PAG Standard Specifications Standard Specifications, the Waterworks Standards, as called out, the Bidder’s Proposal, the Notice Inviting Bids, the Performance Bond and the Payment Bond, all of which are essential parts of this Contract. In the event of any conflict in these provisions, the terms of the Contract Documents shall control, each over the other, in the order provided.

SECTION 2. The Contractor shall furnish all materials, except as otherwise provided in the Plans or Specifications, and will perform all the work for the

Sierra Wash Erosion Mitigation at Glover Road necessary to complete in a good, workmanlike and substantial manner the work in accordance with the Contract Documents for this Project.

The Contract documents are specifically referred to and made a part hereof this Contract.

SECTION 3. The Town will pay the Contractor the amount of (Dollars) ($ ) for a base contract, subject to change of materials and work orders. The Contractor agrees to receive and accept the prices set forth in the Bid Schedule as full compensation for the work required under the bid items awarded by the Town subject to additions and/or reductions of the quantities of the various bid items at the unit prices bid for furnishing all labor and materials and for doing all the work contemplated and embraced under this Contract. The Contractor further agrees that:

a. The Town will not pay any claim submitted to the Town by the Contractor unless the claim is SUBMITTED IN WRITING to the Town and APPROVED BY THE TOWN IN WRITING BEFORE any such work is started.

b. The Town will not pay for any cost increases for labor and materials outside the original prices as set forth in the Bid Schedule unless SUBMITTED IN WRITING to the Town and AGREED TO IN WRITING by the Town IN ADVANCE.

c. In the event of unforeseen difficulties or obstructions arising out of the nature of the work to be performed are encountered by the Contractor, the Contractor SHALL NOT MOVE FORWARD with any additional work until that work is APPROVED IN WRITING by the Town’s Project Manager.

d. The Contractor shall be responsible for all expenses incurred by or in consequence of the suspension and/or discontinuance of work CAUSED BY Contractor.

e. The Contractor shall faithfully complete the work in the manner and in accordance with the Contract Documents and the requirements of the Town’s Project Manager under them.

f. Any additional charges incurred without WRITTEN CONSENT of the Town shall be considered incidental costs to the Contract with NO COST to the Town.

SECTION 4. TIME IS OF THE ESSENCE for this Contract. The Contractor agrees to commence work pursuant to this Contract within seven (7) calendar days after the date of authorization specified in the Notice to Proceed and to diligently prosecute the same, day to day, such that all work is complete and fully operational within 75 calendar days and by and before February 12, 2027, except as adjusted by subsequent Contract Change Order(s). All additional work, when authorized by executed Change Order(s) shall be compensated for by a fee as mutually agreed upon by the Town and Contractor.

When a contractor submits a request for a date extension for which work must be completed in a contract, a written Contract Change Order shall be initiated outlining the reason for applying for the extension and the drop-dead date the work will be completed. If the extension is agreed to and signed by the Town and the Contractor, it binds the Contractor to complete the work by the extended date designated in the amendment unless the delay in completion of the work by the Contractor results from an unforeseeable cause beyond the control and without the fault or negligence of the Contractor. It is agreed the Town’s only liability for delay from any cause shall be limited to granting a time extension to the Contractor. There is no other obligation, expressed or implied, on part of the Town to the Contractor for delay from any cause.

SECTION 5. If the work to be performed by Contactor for this Contract is not complete and fully operational by or before the substantial and final completion dates as indicated in the Town’s Notice to Proceed, except as adjusted by subsequent Contract Change Order(s), the Contractor shall pay to the Town $640 per calendar day as liquidated damages for each consecutive calendar day the work remains incomplete.

For the purpose of determining applicability of liquidated damages, completion time shall be extended only if delay in completion of the work by the Contractor results from an unforeseeable cause beyond the control and without the fault or negligence of the Contractor per the following Section 6.

SECTION 6. Force Majeure: Notwithstanding any other term, condition, or provision hereof to the contrary, in the event any party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such party by the terms hereof due to labor strikes, nationwide material shortages, war, civil disturbances, unusual weather conditions, natural disasters, acts of God, or other events beyond the control of such party, the time period provided herein for the performance by such party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events and must be agreed to IN WRITING BY BOTH PARTIES.

SECTION 7. The Contractor agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, appointed boards and commissions, officials, officers, and employees, individually and collectively from all losses, claims, suits, demands, expenses, subrogations, attorney’s fees, or actions of any kind and nature arising out of the Contractor’s negligence or any subcontractor employed by the Contractor including bodily injury and death, damages to any property or any other losses, claims, suits, demands, and/or expenses, arising or alleged to have arisen out of the work performed, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth in Section 8 will in no way be construed as limiting the scope of indemnity in this paragraph.

SECTION 8. The Contractor agrees to obtain Insurance Coverage of the types and amounts as required in the Pima County/City of Tucson Standard Specifications for Public Improvements (Standard Specifications) and keep the Insurance Coverage in force until all work has been completed and the completed project has successfully completed its warranty period. The Contractor shall furnish the Town with a Certificate evidencing liability insurance policy or policies with the minimum insurance limits as indicated. All policies will contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation or reduction in coverage in any policy.

SECTION 9. This Contract may be terminated at any time by mutual written consent, or by the Town, with or without cause, upon giving thirty (30) days written notice. If this Contract is terminated, the Town shall be liable only for payment for services rendered and accepted by the Town before the effective date of termination.

The Town reserves the right to terminate in whole or any part of this Contract due to the failure of the Contractor to carry out any term or condition of the Contract. The Town will issue a written notice of default to the Contractor for failing to perform the stipulations, conditions or services/specifications required in this Contract. The Contractor shall have 5 days from receipt of the notice to rectify the failure or establish a plan for remedy. Contractor shall provide documentation of the remedy or proposed plan for approval by the Town.

The Town may terminate this Contract for cause if:

A. In the opinion of the Town, the Contractor attempts to impose personnel, materials or services of an unacceptable quality;

B. In the opinion of the Town, the Contractor fails to furnish the required services and/or product within the time stipulated in the Contract;

C. In the opinion of the Town, the Contractor fails to make progress in the performance of the requirements of the Contract;

D. The Contractor gives the Town a positive indication that the Contractor will not or cannot perform to the requirements of the Contract.

If funds that are appropriated or allocated for the payment of obligations under this Contract are not allocated by the Town and available for the continued purchase of the services and/or materials provided under this Contract, this Contract may be terminated by the Town at the end of the period for which funds are available. The Town will notify the Contractor in the event that continued service will or may be affected by non-appropriation. No penalty shall accrue to the Town in the event that this provision is exercised, and the Town shall not be obligated or liable for any future payments due or for any damages as a result of termination under this paragraph.

Upon Notice of Termination the Contractor shall apprise the work the Contractor has completed and submit this appraisal to the Town for evaluation.

The Contractor shall receive as compensation for services performed through the date of such termination, a fee for the percentage of work actually completed. This fee shall be a percentage of the Contractor fee described in this Contract and shall be in the amount mutually agreed to between the Contractor and the Town. The Town shall make this final payment within sixty (60) days after the Contractor has delivered the last of the partially completed items or service.

Notice required under this section shall be in writing and shall be served by certified mail upon the other party. When served by certified mail, services shall be conclusively deemed made five (5) days after posting thereof in the United States mail, postage prepaid.

SECTION 10. The Contractor agrees that any inspection by the Town Representative or by other agents or employees of the Town of the work performed is for the purpose of ensuring the technical competence of the work and adherence to other contractual provisions.

Inspections are not for the purpose of safeguarding workers on the job, which is the sole responsibility of the Contractor.

The Contractor warrants that he/she is fully familiar with all the safety requirements of the Occupational Safety and Health Act as promulgated by the Federal Government and as implemented by the State of Arizona, and that he/she will be solely responsible for implementing and enforcing the same at all times.

SECTION 11. The Contractor agrees to accomplish the work with a minimum of traffic interruption. If it becomes necessary to close any traffic lanes on any street within the Town, permission must first be obtained from the Town Engineer’s Office. Permission shall be requested at least 48 hours in advance for residential streets and 72 hours in advance for arterial streets. The Contractor shall furnish and place all detour signs and any other warning signs in accordance with the any Special Provisions.

SECTION 12. Should the Town bring any legal or equitable action for the purpose of protecting or enforcing its rights under this Contract, the Town shall recover, in addition to all other relief, its reasonable attorney’s fees and court costs to be fixed by the court.

SECTION 13. It is agreed that the Town’s Chief Procurement Officer or his/her designee is authorized to execute Contract Change Order(s) necessary to the prosecution of the work, all in accordance with the Standard Specifications.

SECTION 14. The Contractor agrees that he/she will not proceed with any extra work unless he/she has been authorized in writing to do so by the Town’s Chief Procurement Officer or his/her designee prior to the commencement of any extra work.

SECTION 15. The Parties do for themselves, their heirs, executors, administrators, successors and assigns agree to the full performance of all the provisions herein contained. Contractor may not, either voluntarily or by action of law, assign any obligation assumed by the Contractor without prior written consent of the Town.

SECTION 16. The Contractor shall cause the Performance Bond and Payment Bond to remain in full force and effect through the warranty and guarantee period. By my signature hereunder, as Contractor, I agree to keep the Performance Bond and Payment Bond or cashier’s check in equivalent of the full Performance Bond and Payment Bond in full force and effect through said period. The cashier’s check shall serve the same purposes and fully cover the requirements of a Performance Bond and a Payment Bond.

SECTION 17. By my signature hereunder, as Contractor, I certify that I will comply with all provisions of the Town of Oro Valley’s

Project No. 27019

Sierra Wash Erosion Mitigation at Glover Road

SECTION 18. By my signature hereunder, as Contractor, I agree that even if only one (1) Progress Payment is prosecuted by the Town of Oro Valley for this Project, the Town will retain ten percent (10%) of the Progress Payment amount. The ten percent (10%) retention will be discharged in accordance with the Standard Specifications.

SECTION 19. By my signature hereunder, as Contractor, I agree that I am not an employee of the Town, and that I am performing the duties as an Independent Contractor, supplying my own employees, and maintaining my own insurance and handling all of my own internal accounting. The Town in no way controls, directs or has any direct responsibility for the actions of the Contractor.

By my signature hereunder, as Contractor, I agree that I shall be responsible for the compliance with the United States Immigration Reform and Control Act of 1986, and shall indemnify and hold harmless the Town for any liability arising from failure of the Contractor to comply with this Act. This indemnification includes the costs of suit.

By my signature hereunder, as Contractor, I agree that I shall be responsible for compliance with the Americans With Disabilities Act of 1990 and shall indemnify and hold harmless the Town for any liability arising from failure of the Contractor to comply with this act. This indemnification includes the costs of suit.

SECTION 20. By their signatures hereunder, as Contractor and Town, the Parties agree to be bound by all applicable Federal and State regulations governing Equal Opportunity and Non-Discrimination.

SECTION 21. Pursuant to the requirements of Arizona Revised Statutes, Title 34, the Town will require both of the following documents to be completed and submitted before the final payment is made and retainage is released.

1. A certification from the Prime Contractor that all bona fide project claims and bills from his/her subcontractors and suppliers have been paid, and that all his/her project claims against the Town have been resolved (CONTRACTOR’S

AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS).

2. The consent of surety affidavit signed by an authorized representative of the surety (CONSENT OF SURETY TO FINAL

PAYMENT AND FULL RELEASE OF CONTRACT RETAINAGE OR SUBSTITUTE SECURITIES).

The Town of Oro Valley reserves the right to obtain from the Contractor “satisfactory receipts for all labor and material billed and waivers of liens from any and all persons holding claims against the work”.

SECTION 22. This Contract is subject to the provisions of A.R.S. § 38-511 which provides in pertinent part that the state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or a Contractor to any other party to the Contract with respect to the subject matter of the Contract.

SECTION 23. The Contractor understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. The following is only applicable to construction contracts: The Contractor must also comply with A.R.S. § 34-301, “Employment of Aliens on Public Works Prohibited”, and A.R.S. § 34- 302, as amended, “Residence Requirements for Employees”. Under the provisions of A.R.S. §41-4401, Contractor hereby warrants to the Town that the Contractor and each of its subcontractors (“Subcontractors”) will comply with, and are Contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees and A.R.S. §23-214(A) (hereinafter “Contractor Immigration Warranty”).

A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the Town.

The Town retains the legal right to inspect the papers of any Contractor or Subcontractors employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty. Contractor agrees to assist the Town in regard to any such inspections.

The Town may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of subcontractors to ensure compliance with Contractor’s Immigration Warranty. Contractor agrees to assist the Town in regard to any random verifications performed.

Neither the Contractor nor any of Subcontractor shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214, Subsection A.

The provisions of this Article must be included in any contract the Contractor enters into with any and all of its subcontractors who provide services under this Contract or any subcontract. “Services” are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property.

SECTION 24. This is the entire Contract between the parties. If any portion(s) of this Contract is (are) later found to be invalid or unenforceable, such portion(s) shall be null and void and without any effect on the rest of the Contract which shall continue in full force and effect.

SECTION 25. THIS CONTRACT SHALL BE VALID UPON EXECUTION BY THE PARTIES.

TOWN OF ORO VALLEY: CONTRACTOR:

By:

Cherie Odeski, NIGP-CPP, CPPO, CPPB Authorized Signature Chief Procurement Officer

Date:

Printed Name and Title

By:

Paul Keesler, PE, Town Engineer and Director of Public Works

Email

By: Date:

Jeff Wilkins, MPA, Town Manager

Approved as to Form:

Steven Zraick, Town Attorney

SIGNING INSTRUCTION TO THE CONTRACTOR:

SIGNATURE MUST BE FROM A CORPORATE OFFICER OR OWNER. IN THE EVENT THAT ANOTHER INDIVIDUAL IS SIGNING, A LETTER OF AUTHORIZATION FROM A CORPORATE OFFICER OR OWNER INDICATING SIGNATORY AUTHORITY FOR THAT

INDIVIDUAL MUST BE PROVIDED.

Performance Bond (100% of total Contract amount)

KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS the Town of Oro Valley, State of Arizona, has awarded to , as principal, designated as the “Contractor,” a “Contract” for the work generally described as follows:

Project No. 27019

Sierra Wash Erosion Mitigation at Glover Road

WHEREAS said Contractor is required to furnish a Bond in connection with Contract guaranteeing performance and this Bond shall remain in full force and effect through the warranty and guarantee period of the Contract.

NOW THEREFORE we, the undersigned Contractor and Surety, are held and firmly bound unto the Town of Oro Valley in the sum of dollars, ($ ), to be paid to the Town or its attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH:

The above Contractor, his/her or its executors, administrators, successors or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract and any alteration made as provided, on his/her or their part to be kept and performed at the time and in the manner specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Town of Oro Valley, its officers, employees and agents, as therein stipulated. It shall be and remain in full force and virtue until such time the project is completed; then this obligation shall become null and void. In the event suit is brought upon this Bond by the Town and judgment is recovered, the Surety shall pay all costs incurred by the Town in the suit, including reasonable attorneys’ fees to be fixed by the court.

NOTE: This Bond must be executed by both parties and, in the case of a corporation, with corporate seal affixed. All signatures must be acknowledged. (Attach acknowledgments.) The Attorney‐in‐Fact for the bonding company must be registered in at least one county in the State of Arizona.

STATE OF ARIZONA )

) ss:

COUNTY OF PIMA )

On this day of , 20 before me personally appeared to me known, who, being by me duly sworn, did depose and say that he/she resides in Pima County, Arizona and that he/she is the of , the corporation which executed the foregoing instrument: that he/she knows the seal of the corporation: that the seal affixed to the instrument is the corporate seal; that is/was so affixed by order of the Board of Directors of the corporation, and that he/she signed his/her

COUNTY OF PIMA )

On this day of , 20 before me personally appeared known to me to be the person whose name is subscribed to this instrument as the Attorney‐in‐Fact of of and acknowledged to me that he/she subscribed the

Payment Bond

(100% of total Contract amount)

KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS the Town of Oro Valley, State of Arizona, has awarded to , as principal, designated as the “Contractor,” a “Contract” for the work generally described as follows:

WHEREAS said Contractor is required to furnish a Bond in connection with Contract to secure the payment of claims of laborers, mechanics, material men and other persons as provided by law.

NOW THEREFORE we, the undersigned Contractor and Surety, are held and firmly bound unto the Town of Oro Valley in the sum of dollars, ($ ), for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH:

If the Contractor, his/her or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any claimant, or any amounts required to be deducted, withheld, and paid over to the Tax Board from the wages of employees of the Contractor and his/her subcontractors, pursuant to the Revenue and Taxation Code, with respect to work and labor, that the Surety or Sureties will pay for the same in an amount not exceeding the sum specified in this Bond; otherwise the above obligation shall be void. In the event suit is brought upon this Bond by the Town and judgment is recovered, the Surety shall pay all costs incurred by the Town in the suit, including reasonable attorneys’ fees to be fixed by the court.

This Bond shall inure to the benefit of any of the persons named as to give a right of action to such persons or their assigns in any suit brought upon this Bond.

NOTE: This Bond must be executed by both parties and, in the case of a corporation, with corporate seal affixed. All signatures must be acknowledged. (Attach acknowledgments.) The Attorney‐in‐Fact for the bonding company must be registered in at least one county in the State of Arizona.

COUNTY OF PIMA )

On this day of , 20 before me personally appeared to me known, who, being by me duly sworn, did depose and say that he/she resides in Pima County, Arizona and that he/she is the of , the corporation which executed the foregoing instrument: that he/she knows the seal of the corporation: that the seal affixed to the instrument is the corporate seal; that is/was so affixed by order of the Board of Directors of the corporation, and that he/she signed his/her

COUNTY OF PIMA )

On this day of , 20 before me personally appeared known to me to be the person whose name is subscribed to this instrument as the Attorney‐in‐Fact of of and acknowledged to me that he/she subscribed the

Consent of Surety to Final Payment and Full Release of Contract Retainage or Substitute Securities

The undersigned Surety (the “Surety”), having provided the Town of Oro Valley (the “Town”) with a payment bond for the payment of labor and material provided to the Contractor (the “Contractor”) in connection with: Project number 27019 (the “Project”) consents to final payment and full release of all retainage to Contractor held by Town in connection with Project.

Surety further releases Town from all claims, past, present and future, known or unknown, which it may assert or could have asserted against Town as a result of Town’s final payment and release of the retainage held in connection with Project.

This release is only intended to relieve Town of any liability or responsibility in connection with final payment and full release of retainage to Contractor in connection with Project, and shall in no way be construed to relieve Surety of any obligation under the payment bond issued for Project.

IN WITNESS WHEREOF, the Surety has executed this instrument this day of , 20 .

SURETY

Authorized Representative Title

COUNTY OF )

The foregoing instrument was acknowledged before me this day of , 20 by , on behalf of

Contractor’s Affidavit Regarding Settlement of Claims

To the Town of Oro Valley, Arizona:

This is to certify that all lawful claims for materials, rental of equipment and labor used in connection with the construction of the above contract project, whether by subcontractor or by claimant in person, have been duly discharged.

The undersigned, for the consideration of $ as set out in the final pay estimate, as full and complete payment under the terms of the Contract, waives and relinquishes any and all further claims or right of lien under, in connection with, or as a result of the above described Contract.

The undersigned further agrees to indemnify, defend and save harmless the Town of Oro Valley against any and all liens, claims of liens, suits, actions, damages and expenses whatsoever, which the Town may suffer arising out of the failure of the undersigned to pay for all labor performance and materials furnished for the performance of installation.

Contractor By

COUNTY OF )

The foregoing instrument was acknowledged before me this day of , 20 by , on behalf of

Definition of Terms

Contract The written agreement between the Town and the Contractor setting forth the obligations of the parties thereunder including, but not limited to, the performance of the work, the furnishing of labor and materials and the basis of payment.

Liquidated Damages

The monetary damages amount that the parties to the Contract shall be paid to the Town by the Contractor for each day the work remains incomplete after the scheduled substantial completion date. The liquidated damages amount will be set in accordance with Section 108 of the PAG Standard Specifications for Public Improvements, Vol 1, 2015 Edition.

Payment Bond The security provided by the Contractor solely for the protection of claimants supplying labor and materials to the Contractor or to subcontractors of the Contractor.

Performance Bond

Procurement Agent

The security provided by the Contractor solely for the protection of the contracting agency and conditioned upon the faithful performance of the Contract in accordance with the plans, specifications and conditions thereof.

The person holding the position who is the Chief Procurement Officer for the Town.

Project Manager The Town designee in direct charge of the project and responsible for the completion of the project according to the provisions of the Contract.

Project Plans Specific Project details and dimensions peculiar to the work.

Reference Specifications

Any specifications referred to in the Contract Documents other than those specifications peculiar to an individual project.

Section 101 – Abbreviations and Definitions

101‐3 DEFINITIONS of the Pima Association of Government’s Standard Specifications for Public Improvements (2105 Edition) is revised as follows:

Addendum Written or graphic instrument(s) issued in writing, after advertisement, but prior to the opening of the Bids, which alter, change, clarify, correct, modify or revise the Contract Documents.

Agency The Town of Oro Valley, for which the work is being performed.

As‐Built Plans (As‐Builts)

“Drawings” prepared by the Contractor, Private Engineer, or Engineer which are kept current with the progress of the work. Such Document(s) shall clearly show the work as constructed, specifically variations from the accepted or approved plans

Award The acceptance by the Agency of a Bid to perform work and/or furnish material(s) and/or furnish labor and/or furnish equipment.

Change Order A written order, approved by the Town’s Chief Procurement Officer and signed by the Town Department Director or designee and issued to the Contractor, directing addition(s), deletion(s) or revision(s) in the work, adjustment in contract price(s) or contract time, said Change Order(s) is/are issued after the execution of the Contract, all as incidental to the prosecution of the work as advertised.

Contract Amount The total amount to be paid the Contractor for completion of the work as specified in the Contract Documents within the…