B26-04-029 Woodruff Drainage Construction - Bid Package (Sealed).pdf

Woodruff Drainage Construction, Contract #B26-04-029 PAGE 3 OF 42

NAVAJO COUNTY, ARIZONA

SECTION I: NOTICE OF INVITATION FOR BIDS

WOODRUFF DRAINAGE CONSTRUCTION, CONTRACT #B26-04-029, NAVAJO COUNTY, AZ

Notice is hereby given that the Navajo County Board of Supervisors is seeking bids from qualified contractors proficient in the construction of drainage improvements that include installation of concrete channel lining, storm drain pipe, culverts, pavement replacement, and associated site work for a project located in Woodruff within Navajo County, AZ.

INTERESTED OFFERORS MAY OBTAIN A COPY OF THIS SOLICITATION BY CALLING (928) 524-4100 OR MAY PICK UP A COPY OF THE BID PACKAGE AT 100 W. PUBLIC WORKS DR., HOLBROOK, AZ 86025 OR MAY DOWNLOAD THE PACKAGE AT: https://www.navajocountyaz.gov/571/Procurement---Solicitations

Competitive sealed bids for the specified material or service shall be received by the Clerk of the Board of Supervisor’s Office at the Submittal Location below, until the time and date shown below. Bids received by the correct time and date shall be publicly recorded. Navajo County Flood Control District takes no responsibility for informing recipients of changes to the original solicitation document. Failure to acknowledge receipt of addendums with the solicitation response may be grounds for deeming submittal non-responsive.

Bids must be in the actual possession of the Clerk of the Board of Supervisor’s Office at the location indicated, on or prior to the exact time and date indicated below. Late proposals shall not be considered.

The official prevailing clock is located in the Clerk of the Board of Supervisor’s Office. Bids must be submitted in a sealed envelope. The IFB number and the bidder’s name and address should be clearly indicated on the outside of the envelope. Failure to clearly indicate IFB number, name and address on the outside of the bid package or envelope may be cause for the proposal to be deemed invalid. All proposals must be completed in ink or typewritten. Questions must be addressed to the contact listed below.

IFB NUMBER: #B26-04-029

IFB DUE DATE: July 30, 2026, AT 3:00 P.M. LOCAL AZ TIME PUBLIC BID OPENING DATE: July 30, 2026, AT 3:15 P.M. LOCAL AZ TIME SUBMITTAL LOCATION: Navajo County, Clerk of the Board of Supervisor’s Office

100 E. Code Talkers Drive P.O. Box 668 (use PO Box if mailing bid via USPS Mail) Holbrook, Arizona 86025

MANDATORY PRE-SUBMITTAL

CONFERENCE: July 15, 2026, AT 10:00 A.M. LOCAL AZ TIME

Navajo County, Public Works Complex 100 W. Public Works Drive, Holbrook, AZ 86025 Online (Zoom):

https://us06web.zoom.us/j/83512137934?pwd=5qwdoRabLqZrnjkpy na2o13agPqr5K.1

Meeting ID: 835 1213 7934 Passcode: 467480

DIRECT WRITTEN QUESTIONS TO:

Kathleen Outland, Procurement Officer

(928) 524-4100 procurement@navajocountyaz.gov Holbrook Tribune:

07/01/26 & 07/08/26 – Publication Date(s) https://www.navajocountyaz.gov/571/Procurement---Solicitations

Woodruff Drainage Construction, Contract #B26-04-029 PAGE 4 OF 42

SECTION II: GENERAL PROVISIONS

WOODRUFF DRAINAGE CONSTRUCTION, NAVAJO COUNTY, ARIZONA,

CONTRACT #B26-04-029

This is an invitation for bids for the construction of drainage improvements that include installation of concrete channel lining, storm drainpipe, culverts, pavement replacement, and associated site work. The project consists of installing 2,392 square yards of 4-inch-thick concrete channel lining; one (1) manhole; two (2) valve boxes with covers; a drainage structure headwall;

five (5) catch basins; one (1) drop inlet structure; fourteen concrete end sections; and sixteen 18-inch diameter flared end sections. Work also includes installing 1,153 linear feet of 24-inch storm drainpipe (HDPE), 813 linear feet of 18-inch storm drainpipe (HDPE), and 427 linear feet of reinforced concrete pipe.

Additional work includes placing 389 tons of asphaltic concrete; installing 106 square yards of 9-inch Portland cement concrete pavement; and placing 861 cubic yards of Class 2 aggregate base.

The contractor will also saw cut and remove 2,259 square yards of asphaltic concrete pavement, clear and grub the project area, remove 352 linear feet of existing pipe, excavate 924 cubic yards of drainage ditch, and remove two existing catch basin structures. Construction surveying and layout are also required.

Due to local wildlife, certain precautions must be taken:

• No construction activities shall occur between April 1 – September 30 of any calendar year to avoid impacts to the Southwestern Willow Flycatcher and the Yellow-

Billed Cuckoo, species protected under the Endangered Species Act.

• The contractor shall not cause injury or death to swallows, including eggs and nestlings, and shall avoid work within fifty (50) feet of nesting swallows from February 1 to August 31 of any calendar year.

• If active bird nests are identified within the project limits, construction activities will avoid disturbing any active nest. Avoidance areas, if necessary, will be marked in the field with temporary fencing or t-posts with flagging. The engineer will confer with the approved biologist to determine the appropriate avoidance strategy until the nestlings have fledged from the nest and the nest is no longer active.

• To prevent the introduction of invasive species seeds, all earthmoving and hauling equipment shall be washed prior to entering the construction site, and the contractor shall inspect all construction equipment and remove all attached debris, including plant parts, soil, and mud, prior to the equipment entering the construction site.

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• To prevent invasive species seeds from leaving the site, the contractor shall inspect all construction and hauling equipment and remove all debris, including plant parts, soil, and mud, prior to leaving the construction site.

It is the Contractors responsibility to purchase all necessary materials to complete this project.

Each bidder must submit a complete proposal. Navajo County Flood Control District will award to the lowest responsible, responsive bidder. Quantities in the contract documents are estimates only. The contractor will be required to complete the project during the year within 120 after Navajo County Flood Control District issues a Notice to Proceed, or as indicated in the Notice to Proceed. Navajo County Flood Control District will work with the successful bidder on setting an effective date for the Notice to Proceed.

Navajo County Flood Control District may make such investigation as deemed necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to Navajo County Flood Control District all such information and data for this purpose. Navajo County Flood Control District reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

Navajo County Flood Control District reserves the right to reject any or all proposals, to waive or decline to waive irregularities in any bid, or to withhold the award for any reason it may determine, and also reserves the right to hold any or all bids for a period of sixty days after the date of the opening thereof. No bidder may withdraw a bid during this sixty-day period.

The Contractor shall furnish any and all plant materials, labor, construction equipment, and services, required for performing all work for construction for "Woodruff Drainage Construction, Contract #B26-04-029" in accordance with the plans and these specifications, and to completely and totally construct the same and install the material herein for the Owner, in a workmanlike and a substantial manner and to the satisfaction of the County Engineer, and strictly pursuant to and in conformity with the Specifications prepared by the County Engineer, and with such modifications of the same and other documents that may be made by the Owner through the County Engineer, or his properly authorized agents, as provided herein. The contractor shall maintain insurance as stated in ADOT Standard Specifications Section 107.14 throughout the term of the contract.

It is the intention of Navajo County Flood Control District that prices quoted shall remain firm during the term of this contract.

All correspondence, invoices, bonds, insurance certificates, materials certifications, and other documents shall be addressed to:

Navajo County Flood Control District

P.O. Box 668, Holbrook, AZ 86025

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PROJECT SPECIFICATIONS

The work embraced herein shall be performed in accordance with the requirements of the following documents.

• These General Provisions

• Plans and Drawings:

o Kimley-Horn – Woodruff Drainage Improvement Plans (26 pages) o Kimley-Horn – Special Provisions for Woodruff Community Drainage Improvements (47 pages)

STANDARD SPECIFICATIONS

The following Standard Specifications are part of the bid and contract documents and shall be considered as binding on the work as if reproduced herein. Wherever reference in these Standards is made to Arizona Department of Transportation (ADOT), the Owner or the Department, it shall imply Navajo County and/or the Navajo County Flood Control District. The terms “Transportation Board” or “Transportation Commission” shall imply the Navajo County Board of Supervisors:

• Arizona Department of Transportation (ADOT), Standard Specifications for Road and Bridge

Construction, Edition of 2021.

• Arizona Department of Transportation Materials Testing Manual Series 900

• Manual on Uniform Traffic Control Devices for Streets and Highways (with Arizona

Supplement), current edition

• Maricopa Association of Governments Uniform Specifications for Public Works Construction

(MAG)

BRAND NAME

The “brand name” descriptions used in the plans and specifications are intended to be descriptive only and are to indicate the quality and characteristics of products that will be satisfactory. Bids for products other than the referenced product will be considered for award if such products are identified in the bid and are determined by the County to be acceptable alternates in all material respects to the brand name product referenced. The vendor shall provide sufficient information to enable evaluation by the County of the acceptability of the proposed product.

BID SUBMISSION

In submitting a bid, the holder of the proposal pamphlet shall completely execute the following documents:

Woodruff Drainage Construction, Contract #B26-04-029 PAGE 7 OF 42

• Bidder Checklist, including acknowledgment of receipt of addenda

• Proposal

• Bid Schedule

• Surety (Bid) Bond

• Affidavit by Contractor Certifying That There Was No Collusion in Bidding for Contract

• Intentions Concerning Subcontracting

• Statement of Proposed Equipment

• Contractors Qualifications

ELIGIBILITY FOR COOPERATIVE PURCHASING:

The project does not qualify for Cooperative Purchasing.

PROPOSAL GUARANTY

Each bidder is advised that a proposal guaranty is required in an amount of not less than ten percent (10%) of the full value of the bid.

CONTRACT DOCUMENTS

The bidder to whom an award is made will be required to execute a Performance Bond and a Payment Bond, each having a penalty of one hundred percent (100%) of the amount of the contract, an Insurance Certificate, and the Contract Agreement.

Sample copies of these documents are included in the Proposal Pamphlet, which is furnished to prospective bidders.

The documents are identified as follows:

• Contract Performance Bond

• Labor and Materials Bond

• Contract Agreement

• Example Certificate of Insurance

DELIVERY OF PROPOSALS:

For submittals made in accordance with Section 102.08 (B) of this document, each proposal, together with the required proposal guaranty, shall be placed in an envelope and shall be sealed.

All proposals shall be submitted prior to the time specified for submission of bids and at the place specified in the Notice of Invitation for Bids. Proposals received after the time set for opening the bids will be returned to the bidder unopened.

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The envelope shall be plainly marked "Bid for Woodruff Drainage Construction, Navajo County, Arizona, Contract # B26-04-029”. All proposals shall be submitted prior to the time specified for submission of bids and at the place specified in the Notice of Invitation for Bids. Proposals received after the specified time will be returned to the bidder unopened. Bids will be publicly opened and read aloud as specified in the “Notice of Invitation for Bids”.

PROTESTS

A protest shall be in writing and shall be filed with the Procurement Manager. A protest of an Invitation for Bid shall be received at the Department of Procurement not less than five (5) working days before the Invitation for Bid due date. A protest of a proposed award or of an award shall be filed within ten (10) days after issuance of notification of award or issuance of a notice of intent to award, as applicable. A protest shall include:

A. The name, address, and telephone number of the protestant;

B. The signature of the protestant or its representative;

C. Identification of the Invitation for Bid or Contract number;

D. A detailed statement of the legal and factual grounds of protest including copies of relevant documents; and

E. The form of relief requested.

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ARIZONA DEPARTMENT OF TRANSPORTATION, STANDARD

SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, EDITION

OF 2021

The Arizona Department of Transportation, Standard Specifications for Road and Bridge Construction, Edition of 2021 are modified as follows for the Woodruff Drainage Construction, Contract #B26-04-029:

SECTION 101 DEFINITIONS AND TERMS

101.01 ABBREVIATIONS

Add the following to the Standard Specifications:

NCPWD: Navajo County Public Works Department

DISTRICT: The Navajo County Flood Control District.

101.02 DEFINITIONS

Add and/or change to the Standard Specifications:

Additive Alternate: An item that may be added to the contract for related work or for alternate materials if the alternate is in the best interests of Navajo County Flood Control District.

Agent: Navajo County Flood Control District is the Contracting Agent for all work included in this contract.

Award: The acceptance by Navajo County Flood Control District of the successful bidder's proposal.

Bidder: Any individual, partnership, firm, or corporation acting directly or through a duly authorized representative, who submits a proposal for the work contemplated.

Board of Supervisors: The governing body of Navajo County acting under the authority of the laws of the State of Arizona.

Certified Flagger: An individual who has been trained and certified by the Arizona Department of Transportation, an Arizona County or Municipal agency, the Federal Highway Administration, or the Highway agency of another state to control traffic in a construction zone within the past three years. Individuals certified outside Arizona must also exhibit familiarity with Arizona laws.

Contractor's Engineer: The Arizona Registered Professional Civil Engineer, individual, partnership, firm, or corporation duly authorized by Contractor to be

Woodruff Drainage Construction, Contract #B26-04-029 PAGE 10 OF 42 responsible for engineering supervision, quality control, and certification of the contract work.

Department: The Navajo County Public Works Department.

Director: The Navajo County Director of Public Works and County Engineer.

Engineer: The County Engineer acting under the authority of Arizona Revised Statutes § 11-562 and derivative Navajo County policies and ordinances, or his designated representative, in matters relating to contract development, administration and construction activities. The use of the word Engineer without any modifiers in these specifications relates to the County Engineer, Assistant County Engineer, Project Engineer, Project Manager, or Road Inspectors within the limits of their authority.

Inspector: An authorized representative of the Engineer assigned to make all necessary quality assurance inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. This includes Deputy Directors of Public Works, Highways Manager, Road Supervisors, Road Maintenance Foremen, and Engineer as defined above.

Inspector's Overtime Pay: Any and all pay to the Owner's Inspector for overtime hours worked resulting from the Contractor having worked overtime without prior written approval from the Engineer, or with less than two working days’ notice of the requested overtime. The inspector's overtime pay shall be the actual monies paid by the County and shall be reimbursed by the Contractor to the County. Certified payrolls for the Owner's Inspector's Overtime will be submitted to the Contractor for approval.

The cost for the Owner's Inspector's Overtime Pay will be deducted from the Contractor's billing.

Intention of Terms: Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of the like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words, "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the Owner.

Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification

Woodruff Drainage Construction, Contract #B26-04-029 PAGE 11 OF 42 item, or cited standard that may be pertinent to such specific reference.

The words “shall” or “must” are mandatory actions by the Contractor.

“Should” implies a preferred or recommended action, and “may” is a permissible action.

Laboratory: A testing laboratory as may be designated or approved by the Engineer to test construction materials and products.

Notice to Proceed: A written notice to the Contractor notifying him/her of the date to start performing the obligations required by the contract documents. The Work Order for a specific work unit.

Overtime Hours: Any and all hours worked which are other than a normal work week as defined herein. Contractor must give prior written notification to the Public Works Director or his authorized representative, for any and all overtime hours to be worked. It shall be at the Engineer's discretion to provide an Inspector at the work site to ensure compliance during any and all overtime hours worked.

Owner: The term Owner shall mean Navajo County and/or the Navajo County Flood Control District.

Pay Item: A specific unit of work for which a price is provided in the contract. All Pay Items on this contract will be measured in Standard English units.

Project: The scope of work for accomplishing specific tasks as described in these documents.

Work Week: A work week shall consist of forty (40) hours beginning on Sunday and ending on Saturday.

SECTION 102 BIDDING REQUIREMENTS AND CONDITION

102.04 CONTENTS OF THE PROPOSAL PAMPHLET

Add to the Standard Specifications:

All papers bound with or attached to the proposal pamphlet are considered a part thereof. The project plans, specifications, Standard Drawings and other documents designated in the proposal pamphlet, will be considered a part of the proposal whether attached or not.

102.06 INTERPRETATION OF QUANTITIES IN THE BIDDING SCHEDULE

Add to the Standard Specifications:

Bidders shall bid all work items. Bidding $0.00 or leaving a blank space in the unit price or extended price column shall render the bid non-responsive.

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102.07 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF THE WORK

Revise the Standard Specifications to read:

The bidder shall examine the site of the proposed work and all documents pertaining to the work before submitting a Proposal. If no site investigation is performed, the bidder is responsible for all site conditions that should have been discovered had the reasonable site investigation been performed. It is mutually agreed that the submission of a Proposal shall be considered prima facie evidence that the bidder has made such examination and is familiar with the character, quality and quantity of the work to be performed and material to be furnished as to the requirements of the proposed contract. A Mandatory or Non-Mandatory Pre-Submittal Conference is scheduled for July 15, 2026, AT 10:30 A.M. LOCAL AZ TIME, as indicated in the “Notice of Invitation for Bids”. Attendance at the conference is mandatory or non-mandatory. Minutes from the conference will not be produced, therefore, it is encouraged that attendees take notes as appropriate.

Project plans, special provisions, proposal pamphlets, and other project documents, if available, shall be found in electronic format, on the Navajo County website listed in the “Notice of Invitation for Bids”. Any interested party can access the advertised project documents.

Any request for an explanation of the meaning or interpretations of the contract shall be submitted no later than 12:00 p.m. M.S.T., July 22, 2026. If the Department determines interpretations or explanations are warranted, the response will be issued as an addendum to the IFB and will be posted to the Navajo County website at: https://www.navajocountyaz.gov/571/Procurement--- Solicitations by end of day on July 24, 2026. Written request(s) shall be directed to the contact identified in the “Notice of Invitation for Bids.” An offeror shall not contact or ask questions of the department for whom the requirement is being procured. Oral interpretations or clarifications will be without legal effect.

102.08 PREPARATION OF PROPOSAL

The Standard Specifications are revised to read:

(A) General

The bidder shall prepare and submit its proposal on the paper forms furnished by the Department in the proposal pamphlet.

The bidder shall submit its proposal exclusively on the paper proposal pamphlet forms.

(B) Proposal Pamphlet Paper Submittal

Proposals submitted using the paper format shall be only upon the forms furnished by the Department. No consideration will be given to any purported proposals on other forms, or to any request to modify or change a proposal.

The bidder shall complete and fully execute all required forms listed under "Bid Submission" in the special provisions. Proposal pamphlets are not transferable.

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The bidder shall specify a unit price, in figures, for each pay item for which a quantity is given in the Bidding Schedule and shall also show the amount extended, as the product of the quantity given and the unit price indicated for each bid item, in the column provided for that purpose. The unit price bid is to be all inclusive, including but not limited to materials, labor, fees, bond and applicable taxes. The total amount of the bid shall be obtained by adding the amounts of the several items and shall be considered a Guaranteed Maximum Price to construct the entire project.

In the event that more than two decimal places are used in representing a unit price, all digits beyond the second decimal place will be truncated and the extended amount for the affected item(s) and the total bid will be recomputed accordingly.

An individual bidder shall clearly show his/her name, post office address and signature.

A general partnership bidder shall clearly show the name and post office address of each member of the partnership and the signature of one or more members of the partnership.

A limited partnership bidder shall clearly show the name and post office address of each member of the partnership and the signature of one or more general partners.

A joint venture bidder shall clearly show the name and post office address of each member or officer of the firms and the signature of one or more members or officers of each firm represented by the joint venture.

A corporate bidder shall clearly show the names, titles and business addresses of the president, vice president, secretary and treasurer; the name of the corporation; the state in which the corporation was incorporated; and the signatures of one or more officers of the corporation or by a legally qualified agent of the corporation acceptable to the Department. Evidence of authority of the signing officer(s) to submit a proposal on behalf of the corporation shall either be attached thereto or be on file with the Department. If the corporation is incorporated in any state other than the State of Arizona, the corporation shall submit to the Department, prior to the award of contract, proof from the Arizona Corporation Commission that it has been granted authority to do business in the State of Arizona.

102.09 NON-COLLUSION CERTIFICATION

The Standard Specifications are revised to read:

Bidders making their submittal using the paper forms in the Proposal Pamphlet shall complete the Non-Collusion Certificate included with the proposal form. This form shall be executed by or on behalf of the person, firm, association or corporation submitting the bid, in the following form:

The bidder certifies that, pursuant to Subsection 112(c) of Title 23, United States Code and Title 44, Chapter 10, Article 1 of the Arizona Revised Statutes, neither it nor anyone associated with the company, firm, corporation, or individual has, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of full competitive bidding in connection with the above-referenced project.

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102.10 IRREGULAR PROPOSALS

The Standard Specifications are revised to read:

(A) Proposals may be considered irregular and may be rejected for any of the following reasons:

1) If any of the proposal documents show unauthorized alterations of any kind.

2) If the proposal contains conditional or uncalled for alternate bids.

3) If the proposal documents contain erasures not initialed by the person or persons signing the proposal.

4) If there is a submission of any kind which may tend to make the proposal incomplete, indefinite or ambiguous as to its meaning.

5) If the bid is mathematically unbalanced.

6) If the bid is materially unbalanced.

7) If the bidder fails to sign the non-collusion certificate when submitting a bid in the paper format.

(B) Proposals will be considered irregular and will be rejected for any of the following reasons:

1) If the proposal or bidding schedule is on a form other than that furnished by the

Department.

2) If the bidder or surety fails to provide a proposal guaranty as specified in Subsection

102.12.

3) If the bidder fails to sign the proposal.

4) If the bidding schedule does not contain a unit price for each pay item listed.

5) If the bidder fails to include a completed equipment list and subcontractor/supplier list

102.11 AVAILABILITY OF DOCUMENTS:

of the Standard Specifications is revised to read:

The Bidder's Information, Contract Documents, Specifications, and addendums (if any) are located on the Navajo County website: https://www.navajocountyaz.gov/571/Procurement--- Solicitations

102.12 PROPOSAL GUARANTY

The Standard Specifications are revised to read:

(A) General

The bidder shall provide a proposal guaranty payable to Navajo County for ten percent (10%) of the total of the bid.

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The surety (bid) bond shall be executed by the bidder and a surety company or companies holding a certificate of authority to transact surety business in this State issued by the Director of the Department of Insurance. The agent for the surety shall be licensed to act as an insurance agent in Arizona.

Bidders submitting paper proposals in accordance with Subsection 102.08(B) shall provide a proposal guaranty as specified in 102.12(B), and shall include the guaranty with the proposal at the time of submittal.

(B) Paper Submittal of Proposal Guaranty

The paper proposal guaranty shall be in the form of either a certified or a cashier's check made payable to Navajo County, or in the form of a surety (bid) bond as noted above in Section 102.12(A).

The surety (bid) bond shall include all of the information on the sample form provided by the Department.

The surety shall provide a current Power of Attorney attached to the surety bond.

Paper proposal guarantees shall be delivered to the Clerk of the Board of Supervisors, Navajo County Governmental Center, P.O. Box 668 (if sending through USPS must use P.O. Box), 100 E.

Code Talkers Drive, Holbrook, AZ 86025, telephone (928) 524-4000.

102.13 WITHDRAWAL OF PROPOSALS

The Standard Specifications are revised to read:

(A) General

The bidder may withdraw its bid prior to the time scheduled for submission of bids.

For paper submittals made in accordance with Subsection 102.08(B), a bidder may withdraw its proposal unopened after it has been submitted to the Department, provided its request in writing or by electronic means is received by the Department prior to the time specified for submission of bids.

SECTION 103 AWARD AND EXECUTION OF CONTRACT

103.01 CONSIDERATION OF PROPOSALS

The Standard Specifications are revised to read:

After the proposals are publicly opened and read aloud, they will be compared on the basis of the summation of the products of the quantities shown in the bidding schedule by the unit bid prices shown. The bids shall not be open for public inspection until after a contract is awarded.

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103.02 INTERPRETATION OF PROPOSALS

The Standard Specifications are revised to read:

The Department will consider the following in interpreting proposals:

(A) In the event of a discrepancy between unit bid prices and extension, the unit bid price shall govern. The extended amount for the affected item(s) and the total bid will be computed accordingly.

(B) Unit prices may show up to two decimal places. Decimal places beyond two will be truncated. The extended amount for the affected item(s) and the total bid will be computed accordingly.

(C) The Department will not correct errors in unit bid prices, even if it is demonstrated that the error was a clerical error.

103.08 EXECUTION OF CONTRACT

The Standard Specifications are revised to read:

The contract shall be signed by the successful bidder and returned, together with a satisfactory bond, within ten calendar days after the date of the Notice of Award Letter.

A notice of award will be issued after the Contract(s) is approved by the Board of Supervisors. The Department will sign the Contract within ten days after receiving the signed contract, bonds, and insurance certificate from the contractor(s). No contract shall be considered as effective until it has been fully executed by all the parties thereto.

103.09 FAILURE TO EXECUTE CONTRACT

The Standard Specifications are revised to read:

Failure to return a signed contract to the Department and file a satisfactory contract bond, as provided herein, within ten calendar days after the date of the Notice of Award Letter, shall be just cause for the cancellation of the award and the forfeiture of the proposal guaranty which shall become the property of the Department, not as a penalty, but in liquidation of damages sustained.

Award may then be made to the next lowest responsible bidder(s) or the work may be re advertised as the Department may decide.

SECTION 104 SCOPE OF WORK

104.02 REVISIONS TO THE CONTRACT

Replace the first paragraph of the Standard Specifications:

The Department reserves the right to revise the contract at any time. Such revisions shall neither invalidate the contract nor release the surety. The contractor agrees to complete the contract as revised. The contractor shall not proceed with work for which a revision to the contract is required

Woodruff Drainage Construction, Contract #B26-04-029 PAGE 17 OF 42 without an approved Change Order from the Engineer. Once approval is received, the contractor shall proceed with such direction immediately.

SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

107.01 LAWS TO BE OBSERVED

Add after the second paragraph of the Standard Specifications:

The following Equal Opportunity Clause set forth in Section 202; Executive Order No. 11246 shall be made a part of this Contract.

During the performance of this Contract, the Contractor agrees as follows:

(A) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, or disability. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, or disability.

Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

(B) The Contractor will, in all solicitations or advertisements for employees placed by or in behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, or disability.

(C) The Contractor will send to each labor union or representatives of workers, with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under Section 202 of Executive Order No.

11246 of September 24, 1965 and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(D) The Contractor will comply with all provisions of Executive Order No. 11246 of September

24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor.

(E) The Contractor will furnish all information and reports required by Executive Order No.

11246 of September 24, 1965 and by the rules, and regulations, and order of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts

Woodruff Drainage Construction, Contract #B26-04-029 PAGE 18 OF 42 by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(F) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this

Contract or with any of such rules, regulations or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive

Order No. 11246 of September 24, 1965 and such other actions may be imposed and remedies involved as provided in Executive Order No. 11246 of September 24, 1965 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(G) The Contractor will include the provisions of Paragraph a. through g. in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965 so that such actions with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter such litigation to protect the interests of the United States.

107.08 PUBLIC CONVENIENCE AND SAFETY

Add to the Standard Specifications:

All personnel shall be clothed in high-visibility clothing when on the job site, except while inside the enclosed cabs of vehicles or equipment. Individuals who are observed not wearing high-visibility outer clothing will be warned once and allowed to obtain such clothing before they continue working. If the same individual is observed a second time, they will be removed from the job site and not allowed to return that day. A third offense by the same individual will result in the individual being banned from the project.

SECTION 108 PROSECUTION AND PROGRESS

108.02 START OF WORK

The Standard Specifications are revised to read:

Work shall not be started until the contract has been signed and executed by both the contractor and the Department.

The contractor shall begin work within 10 calendar days after the date of the Notice to Proceed, or as indicated in the Notice to Proceed. Contractor shall give two working days’ notice to the

Woodruff Drainage Construction, Contract #B26-04-029 PAGE 19 OF 42

County Engineer before starting any work under this contract, unless otherwise indicated in the Notice to Proceed. The contractor will be required to complete the project within 120 calendar days after Navajo County Flood Control District issues a Notice to Proceed, or as indicated in the Notice to Proceed.

108.06 CHARACTER OF WORKERS:

Add the following after the second paragraph of the Standard Specifications:

No person under the age of sixteen years for normal occupations, no person under the age of eighteen years in hazardous occupations, and no person currently serving a sentence in a penal or correctional institution shall be employed to perform any work under this Contract. All work within the public right-of-way, and work on and around construction equipment will be considered as a hazardous occupation under the provisions of this contract. The Contractor shall insure all employees meet applicable Federal, State, and local residency laws prior to employment, under this Contract, except in accordance with provisions of law in such cases made and provided.

108.08 DETERMINATION AND EXTENSION OF CONTRACT TIME

Replace the first paragraph of the Standard Specifications:

This will be a 120 calendar day contract, commencing on the date issued in the Notice to Proceed.

108.08 DETERMINATION AND EXTENSION OF CONTRACT TIME

Replace the fifth paragraph of the Standard Specifications:

Contract time is based on the dates identified in the Notice to Proceed. If satisfactory fulfillment of the contract involves alterations to the contract that affect the contractor's completion time, the contractor may request a Change Order which extends the contract time. Such request will be made in accordance with Subsection 104.03 of the specifications, shall be in the form of a Change Order, and shall include the contractor's revised schedule and all other pertinent data. The request shall show why an increase of contract time is warranted.

108.09 FAILURE TO COMPLETE THE WORK ON TIME

The Standard Specifications are revised to read:

For each working day, as specified, that the contractor shall fail to achieve substantial completion after the contract time specified for the completion of the work provided for in the contract, the sum of five hundred dollars ($500.00) of liquidated damages will be deducted from any monies due the contractor, not as a penalty, but as liquidated damages; provided, however, that due account will be taken of any adjustment of the contract time for the completion of the work allowed under the provisions of Subsection 108.08.

Permitting the contractor to continue and finish the work or any part of it after the time fixed for its completion or after the date to which the time for completion may have been extended will in no way operate as a waiver on the part of the Department of any of its rights under the contract.

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SECTION 109 MEASUREMENT AND PAYMENT

109.01 MEASUREMENT OF QUANTITIES

The Standard Specifications are revised to read:

Measurement will be “in place” for the completed work, with no allowance for waste, and as may be more particularly described in the description of the various items set forth in the Standard Specifications and as shown on the plans.

No measurement or direct payment will be made for the following work. The cost for such work shall be considered as included in the price of other contract items.

(A) Preparation and submittal of operation and traffic control, whether specified herein or required by other agencies.

(B) Furnishing and maintaining sanitary facilities and any field offices for the use of the

Contractor’s personnel.

(C) Obtaining and maintaining any required environmental or other permits and licenses beyond those already provided by Navajo County Flood Control District.

(D) Quality Control and Quality Assurance testing of materials and in-place construction.

109.06 PARTIAL PAYMENTS AND RETENTION

Add to the Standard Specifications:

Payment shall be made on the basis of the unit price(s) bid for the awarded items in the Bidding Schedule for Woodruff Drainage Construction, Contract #B26-04-029. Contractor shall submit invoices to County for all work performed hereunder. No later than 14 days after each invoice has been verified and approved by the Engineer, County shall pay to Contractor ninety (90%) of the value of said work in place, as approved by the Engineer. The balance of ten percent (10%) shall be retained by the Owner until the time of final payment and acceptance of said work, as per A.R.S. §34-221.

109.09 ACCEPTANCE AND FINAL PAYMENT

Add to the Standard Specifications:

Upon substantial completion of the work, the Contractor shall prepare the final payment request.

The final payment will include all outstanding retainage and such other funds as are due to the Contractor. The Contractor shall complete the punch list and submit to the Engineer within fifteen

(15) days after submittal of the final payment request.

All portions of the work shall be guaranteed for workmanship and materials for a period of one year from the date of the final acceptance of the work by the Department.

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SECTION III: PLANS AND DRAWINGS

Under separate file

• Plans and Drawings:

o Kimley-Horn – Woodruff Drainage Improvement Plans (26 pages) o Kimley-Horn – Special Provisions for Woodruff Community Drainage Improvements (47 pages)

Woodruff Drainage Construction, Contract #B26-04-029 PAGE 22 OF 42

SECTION IV: CONTRACT FORMS

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CONTRACT

Woodruff Drainage Construction, Contract #B26-04-029

THIS CONTRACT is made and entered into as of __________ (the “Effective Date”) by and between Navajo County Flood Control District (“District”) and _______________ (“Contractor”).

1. Scope of Work:

Contractor shall furnish any and all materials, equipment and labor required for performing all work for Woodruff Drainage Construction, Contract #B26-04-029, in accordance with the Contract Documents, in a workmanlike manner to the satisfaction of County through its Engineers.

2. Contract Documents:

The Contract Documents comprise this Contract and the attached ☒ Notice of Invitation for Bids, ☐ Specifications, ☒ General Provisions, ☐ Special Provisions, ☒Proposal dated _______________, ☒ Bid Schedule, ☒ Surety (Bid) Bond, ☒ Statutory Performance Bond, ☒ Affidavit by Contractor Certifying That There Was No Collusion in Bidding for Contract, ☒ Intentions Concerning Subcontracting, ☒ Contractors Qualifications, ☒ Plans, and addenda thereto, if any. If there is any conflict in the documents, this Contract shall control over all others; the Specifications shall control over the General Provisions and Special Provisions; and the Special Provisions shall control over the General Provisions.

3. No Liens / Time for Completion:

Contractor shall furnish all materials, equipment and labor in accordance with the Contract Documents free and clear of all claims, liens and charges whatsoever, within the time, or times, stated in the Proposal.

4. Cancellation:

This Contract is subject to cancellation pursuant to A.R.S. § 38-511 (concerning conflicts of interest).

5. Payments:

Payment shall be made on the basis of the unit price(s) bid for the awarded items in the Bidding Schedule for Woodruff Drainage Construction, Contract #B26-04-029. Contractor shall submit invoices to County for all work performed hereunder. No later than 14 days after each invoice has been verified and approved by the Engineer, County shall pay to Contractor ninety (90%) of the value of said work in place, as approved by the Engineer. The balance of ten percent (10%) shall be retained by the Owner until the time of final payment and acceptance of said work, as per A.R.S.

§34-221. The provisions of A.R.S. §34-221 are incorporated herein by this reference and shall control in regard to all matters of payment.

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6. Certifications:

a. Prohibition of Boycott of Israel: Contractor certifies that neither it nor its subcontractors are currently or will be engaged in, for the duration of this Contract engage in, a boycott of Israel as defined by A.R.S. § 35-393 et seq. Violation of this certification may result in an action by the

County up to and including termination of the Contract.

b. Written Certification Pursuant to A.R.S. §35-394: Pursuant to A.R.S. § 35-394, Contractor certifies that it is not currently using, and agrees for the duration of this Agreement to not use (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and (3) any contractors, subcontractors, or suppliers that use the forced labor of ethnic Uyghurs in the

People’s Republic of China. The Subrecipient further acknowledges and agrees that (1) if the

Subrecipient becomes aware during the term of this Agreement that it is not in compliance with this certification that the Subrecipient will notify the County within five (5) business days after becoming aware of the noncompliance; and (2) if the Subrecipient does not provide the County with a written certification that the Subrecipient has remedied the noncompliance within one hundred eighty (180) after giving notice thereof, the same shall constitute a material breach of this Agreement, which shall then terminate automatically, except that if the Agreement termination date occurs before the end of the remedy period, this Agreement terminates on the

Agreement’s termination date. The County retains the legal right to inspect the records of the

Contractor and all Subcontractors to ensure compliance with this certification for the duration of this Agreement.

IN WITNESS WHEREOF, the authorized representatives of the parties have executed this Contract as of the Effective Date.

NAVAJO COUNTY:

By: Attest:

Chairman, Board of Supervisors Clerk of the Board

CONTRACTOR:

By Company

Print Name

Title

Woodruff Drainage Construction, Contract #B26-04-029 PAGE 25 OF 42

STATUTORY PERFORMANCE BOND

PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2 OF THE ARIZONA REVISED STATUTES

(PENALTY OF THIS BOND MUST BE 100% OF CONTRACT AMOUNT)

KNOW ALL MEN BY THESE PRESENTS:

That, , (hereinafter called the Principal), as Principal, and (hereinafter called Surety), a corporation duly organized and existing the laws of the State of with its principal office in the City of holding a certificate of authority to transact surety business in Arizona issued by the Director of the Department of Insurance, as Surety, are held and firmly bound unto Navajo County (hereinafter called the Obligee) in the amount of (100% OF CONTRACT AMOUNT) dollars ($ ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrator, executors, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has agreed to enter into a certain contract with the Obligee to Woodruff Drainage Construction, Contract #B26-04-029, which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said contract during the original term of said contract and any extension thereof, with or without notice to the Surety, and during the life of any guaranty required under the contract, and shall also perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; then the above obligation shall be void, otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of said Title, Chapter and Article, so the extent as if they were copied at length herein.

Woodruff Drainage Construction, Contract #B26-04-029 PAGE 26 OF 42

STATUTORY PERFORMANCE BOND (CONTINUED)

The prevailing party in a suit on this bond shall recover as a part of the judgement such reasonable attorneys' fees as may be…