IFB-2600012745 Palo Verde Hawk_Sidewalks.pdf
PDF 7 MB Posted
- Solicitation number
- IFB-2600012745 & PPM-0(279)C; , Fed IS PPM-0(275)C, TRACS T057601C & T069801C
- Issued by
- Pima County, Arizona
About this file
This is an Invitation for Bid (IFB) issued by Pima County Procurement Department in Tucson, Arizona for two related transportation infrastructure projects. The Palo Verde Road and Michigan Street HAWK project involves constructing a new High-Intensity Activated crossWalk (HAWK) Signal on the south leg of the Michigan Street intersection, including electrical and signal equipment installation, pavement markings, and utility infrastructure mitigation. The Palo Verde Sidewalks project consists of reconstructing roadway shoulders to the County's standard 5-lane urban cross section and constructing new vertical curb and sidewalk along approximately one mile of Palo Verde Road from Gas Road to Columbia Street, including drainage mitigation, utility pole relocation, asphaltic concrete, pavement markings, sidewalk, curb, and access ramps. The pre-bid meeting is scheduled for July 29, 2026 at 10:00 AM Local Tucson Time via Microsoft Teams. Sealed bids are due on August 18, 2026 at or before 2:00 PM Local Tucson Time through the BidNet Direct e-procurement platform. Public bid opening will be conducted via Microsoft Teams. Bidders must complete and submit the Bid Schedule, Arizona Statutory Bid Bond (5% of total bid amount), and all required certifications. The projects shall be completed within 195 working days from Notice to Proceed, with liquidated damages assessed for late delivery per Pima County Standard Specification Section 108-9.
The estimated cost for the HAWK project ranges from $300,000 to $450,000, while the Sidewalks project is estimated between $2,000,000 and $2,600,000. These projects are partially or entirely funded by U.S. Department of Transportation Federal Highway Administration Highway Safety Improvement Program (HSIP) and Carbon Reduction Program (CRP) funds for which Pima County serves as a Local Public Agency/Subrecipient, and the Regional Transportation Authority Grant Program (RTAG). All bidders must be registered with the Arizona Unified Transportation Registration Certification System (AZ UTRACS) and comply with Arizona Department of Transportation (ADOT) Disadvantaged Business Enterprise (DBE) requirements; however, no DBE participation goal has been established for this project. Bidders must register with a Unique Entity Identification Number from SAM.gov and possess an appropriate Arizona Contractor's License by the end of the 60th calendar day after bid opening. Davis-Bacon wages apply to this federally funded project, and weekly certified payrolls are required from the contractor and subcontractors. Award will be made to the lowest responsive, responsible bidder based on combined total bid amount, with bidders guaranteeing prices for 75 calendar days after bid opening. The successful bidder must execute the contract within 10 days of receiving the Notice of Recommendation for Award.
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INVITATION FOR BID
PALO VERDE RD AND MICHIGAN ST, HAWK
FEDERAL ID NO.: PPM-0(275)C; ADOT TRACS NO.: T057601C
AND
PALO VERDE SIDEWALKS
FEDERAL ID NO.: PPM-0(279)C; ADOT TRACS NO.: T069801C
TUCSON ARIZONA
July 22, 2026
Pima County Procurement Department Design & Construction Division
(520) 724-7465
Solicitation No. IFB-2600012745
CONTENTS
NOTICE OF INVITATION TO BID …
INSTRUCTIONS TO BIDDERS (7 PAGES)
REQUEST FOR PRIOR APPROVAL OF SUBSTITUTE ITEMS OR SYSTEMS (1 PAGE)
EXHIBIT A – BID SCHEDULE (8 PAGES)
ARIZONA STATUTORY BID BOND (1 PAGE)
SAMPLE CONTRACT (12 PAGES)
ARIZONA STATUTORY PERFORMANCE BOND (1 PAGE)
ARIZONA STATUTORY PAYMENT BOND (1 PAGE)
EXHIBIT B - SPECIAL CONDITIONS (64 PAGES)
ATTACHMENT 1 TO SPECIAL CONDITIONS: FHWA-1273 / EQUAL EMPLOYMENT OPPORTUNITY
ATTACHMENT 2 TO SPECIAL CONDITIONS:
AZ - 8 HIGHWAY WAGE DETERMINATION (05/18/2026)
ATTACHMENT 3 TO SPECIAL CONDITIONS: ADOT DBE (EPRISE NO GOAL, 10/24/25)
ATTACHMENT 4 TO SPECIAL CONDITIONS: BIDDERS LIST REQUIREMENT
ATTACHMENT 5 TO SPECIAL CONDITIONS: PROMPT PAYMENT REQUIREMENTS …….………….…
ATTACHMENT 6 TO SPECIAL CONDITIONS: ADOT TITLE VI NON DISCRIMINATION …….…….….………91
EXHIBIT C - GENERAL CONDITIONS (10 PAGES)………………………………………………………….…… ..101
ATTACHMENTS TO THE BID DOCUMENTS:
SPECIAL PROVISIONS – Palo Verde Rd and Michigan St, HAWK and Palo Verde Sidewalks, dated
04/03/2026 (197 Pages)
CONSTRUCTION PLANS – Palo Verde Rd and Michigan St, HAWK, dated 03/30/2026 (10 Pages);
Palo Verde Sidewalks, dated 03/30/2026 (76 Pages)
NOTICE OF INVITATION FOR BID
IFB-2612745
FEDERAL ID NO.: PPM-0(275)C; ADOT TRACS NO.: T057601C
AND
This project is located with Section 33 of Township 14 South, Range 14 East of the Gila and Salt River Meridian, Pima County, Arizona.
The Palo Verde Rd and Michigan St, HAWK project consists of constructing a new HAWK Signal on the south leg of the Michigan St intersection, including but not limited to, installation of electrical and signal equipment; pavement markings;
and mitigating impacts to utility infrastructure.
The Palo Verde Sidewalks project consists of reconstructing existing roadway shoulders to County’s standard 5 lane urban cross section to construct new vertical curb and sidewalk along ½ mile section of Palo Verde Rd from approximately Gas Rd to Columbia St, including but not limited to, mitigating impacts to pavement drainage, existing light and utility poles, and utility infrastructure; asphaltic concrete; pavement markings; sidewalk; curb; and access ramps.
Estimated cost for the HAWK project is between $300,000.00 and $450,000.00; and the estimated cost for the Sidewalks project is between $2,000,000.00 and $2,600,000.00.
The projects shall be complete and in place within 195 working days from Notice to Proceed. Liquidated damages for late delivery will be assessed as per Pima County Standard Specification Section 108-9.
These projects may be partially or entirely funded by the U.S. Department of Transportation Federal Highway Administration (FHWA) Highway Safety Improvement Program (HSIP) and Carbon Reduction Program (CRP) funds for which Pima County is a LPA/Subrecipient, and Regional Transportation Authority Grant Program (RTAG).
All bidders will be subject to Arizona Department of Transportation (ADOT) Registration and Disadvantaged Business Enterprise (DBE) requirements and reporting. Please review these requirements carefully. For this project, a No Goal participation by Disadvantaged Business Enterprises (DBE’s) has been established; however, County encourages participation by all Firms qualifying under this Solicitation regardless of business size or ownership.
Contractors must have the appropriate license issued by the State of Arizona Registrar of Contractors by the end of the 60th calendar day after bid opening.
The entire information package can be downloaded from Pima County at https://www.bidnetdirect.com/arizona/pimacounty.
ONLY RESPONSES THAT ARE SUBMITTED THROUGH THE E-PROCUREMENT PLATFORM, BIDNET DIRECT (https://www.bidnetdirect.com/arizona/pimacounty) WILL BE CONSIDERED.
For assistance Bidnet Direct’s Vendor Support Team is available Monday through Friday 5am-5pm MST. Please call 800-835-4603 and press option 2 to speak with live customer support.
https://www.bidnetdirect.com/arizona/pimacounty
BID DUE DATE/TIME: August 18, 2026, at or before 2:00 PM Local Tucson Time
LOCATION: https://www.bidnetdirect.com/arizona/pimacounty
Public Bid Opening will be held via Microsoft Teams:
Join Meeting Now
Or call in (audio only), Tel: 1-602-649-0382, United States, Phoenix
Phone Conference ID: 329 358 4#
PRE-BID MEETING/ July 29, 2026, 10:00 AM Local Tucson Time
MICROSOFT TEAMS LINK: Microsoft Teams Meeting: Join Meeting Now Or call in (audio only), Tel: 1-602-649-0382, United States, Phoenix Phone Conference ID: 606 810 105#
DIRECT INQUIRIES James Johnson, CPPB; Procurement Officer
IN WRITING TO: E-mail: James.Johnson@pima.gov
PUBLISH: The Daily Territorial: July 22, 23, 24, and 27, 2026
Remainder of Page Intentionally Left Blank.
https://teams.microsoft.com/meet/265147400019921?p=xL9GNCmxrw1nkne6Hg https://teams.microsoft.com/meet/252930502296181?p=ING8JS79DXuXv2vvUa mailto:James.Johnson@pima.gov
PALO VERDE RD AND MICHIGAN ST, HAWK AND
INSTRUCTIONS TO BIDDERS Page 5
INSTRUCTIONS TO BIDDERS (7 PAGES)
The contractor must have or obtain a Unique Entity Identification Number issued by SAM at SAM.gov | Home before award. It can take several weeks to obtain a number, so bidders should start the process early. There is no cost to obtaining a Unique Entity Identification Number.
VENDOR REGISTRATION (AZ UTRACS):
ARIZONA UNIFIED TRANSPORTATION REGISTRATION CERTIFICATION SYSTEM (AZ UTRACS) ONLINE VENDOR REGISTRATION: Pursuant to 49 CFR 26.11 (c) (2), US Department of Transportation (USDOT) requires Arizona Department of Transportation (ADOT) to collect demographic information on all firms who seek to work on federally-assisted contracts, including Prime Contractors, Subcontractors, DBEs, and Small Business Concern (SBC) firms. ADOT’s primary method of collecting this data is through the AZ UTRACS, a centralized database of companies doing business for ADOT/County on federal-funded projects.
All prime Contractors submitting bids to Pima County must be registered as a vendor in AZ UTRACS at http://adot.dbesystem.com.
Noncompliance or failure of Prime Contractors to include their AZ UTRACS vendor registration number in the Bidders/Proposers List online at AZ UTRACS at https://arizonalpa.dbesystem.com/, or maintain a current (non-expired) AZ UTRACS vendor registration number, will result in bid rejection.
1. SCOPE
This project is located with Section 33 of Township 14 South, Range 14 East of the Gila and Salt River
Meridian, Pima County, Arizona.
The Palo Verde Rd and Michigan St, HAWK project consists of constructing a new HAWK Signal on the south leg of the Michigan St intersection, including but not limited to, installation of electrical and signal equipment; pavement markings; and mitigating impacts to utility infrastructure.
The Palo Verde Sidewalks project consists of reconstructing existing roadway shoulders to County’s standard 5 lane urban cross section to construct new vertical curb and sidewalk along ½ mile section of Palo Verde Rd from approximately Gas Rd to Columbia St, including but not limited to, mitigating impacts to pavement drainage, existing light and utility poles, and utility infrastructure; asphaltic concrete;
pavement markings; sidewalk; curb; and access ramps.
Estimated cost for the HAWK project is between $300,000.00 and $450,000.00; and the estimated cost for the Sidewalks project is between $2,000,000.00 and $2,600,000.00.
The projects shall be complete and in place within 195 working days from Notice to Proceed. Liquidated damages for late delivery will be assessed as per Pima County Standard Specification Section 108-9.
These projects may be partially or entirely funded by the U.S. Department of Transportation Federal
Highway Administration (FHWA) Highway Safety Improvement Program (HSIP) and Carbon Reduction Program (CRP) funds for which Pima County is a LPA/Subrecipient, and Regional Transportation Authority Grant Program (RTAG).
All bidders will be subject to Arizona Department of Transportation (ADOT) Registration and
Disadvantaged Business Enterprise (DBE) requirements and reporting. Please review these requirements carefully. For this project, a No Goal participation by Disadvantaged Business Enterprises (DBE’s) has been established; however, County encourages participation by all Firms qualifying under this Solicitation regardless of business size or ownership.
https://sam.gov/content/home http://adot.dbesystem.com/ https://arizonalpa.dbesystem.com/
INSTRUCTIONS TO BIDDERS Page 6
The work shall be completed as called for in the Bid Documents, which includes the Notice of Invitation to Bid, Instructions to Bidders, Bid Schedule, Bid Bond, Sample Contract, Payment and Performance Bonds, General Conditions, Special Conditions, Disadvantaged Business Enterprise Documents, Special Provisions, Plans, and current edition of the PAG Standard Specifications for Public Improvements 2015 Edition with Amendments and Bid Addenda (if any).
This bid document contains provisions and requirements that vary from, or are not included in, the Standard Specifications. The provisions of this document take precedence over the Standard Specifications.
2. PRE-BID MEETING
There will be a pre-bid meeting on the date, time, and place specified in the NOTICE OF INVITATION TO BID. Attendance is not mandatory but is encouraged. Interested parties are reminded that the Standard Specifications for Public Improvements Section 102-7 states that bidders shall carefully examine the site of the proposed work.
3. OMISSIONS, DISCREPANCIES, INTERPRETATIONS AND ADDENDA
In the event the bidder has questions or discovers an apparent error or omission in the specifications or plans, or be in doubt as to their meaning, the bidder shall submit their question or comment in writing through the Bidnet solicitation portal at https://www.bidnetdirect.com/arizona/pimacounty. Requests received 7 calendar days or less prior to the original deadline for receiving bids may not be addressed.
Any clarifications or interpretations of this solicitation that materially affect or change the scope or intent will be issued via addenda and posted by the County at https://www.bidnetdirect.com/arizona/pimacounty.
County will make an effort to notify bidders of addenda; however, it cannot guarantee that every potential bidder will be notified each time. Therefore, it is the responsibility of all bidders to check the website periodically for addenda and to obtain this information in a timely manner. Failure to acknowledge any or all addenda may be cause for rejection of the bid.
No oral interpretations shall be made to any bidder as to the meaning of any of the bid documents or be effective to modify any of the provisions of the bid documents. The bid documents may only be modified by addendum. No other form of modification shall be of any effect. Bidder shall refer any questions or inquiries from constituents or interested Parties received while performing site visits of the proposed work areas concerning the anticipated scope of services to Pima County Department of Transportation, Community Relations Office, (520) 724-6410.
4. BID SUBMISSION
ONLY BIDS THAT ARE SUBMITTED THROUGH THE E-PROCUREMENT PLATFORM, BIDNET
DIRECT (https://www.bidnetdirect.com/arizona/pimacounty) WILL BE ACCEPTED AND CONSIDERED.
IFBs RECEIVED AFTER THE DUE DATE AND TIME AS NOTED ON THE IFB NOTICE PAGE WILL NOT BE ACCEPTED. THE COUNTY WILL NOT ACKNOWLEDGE OR RECEIVE IFBs THAT ARE
DELIVERED BY MAIL, TELEPHONE, ELECTRONIC MAIL, OR IN PERSON. FAILURE TO FOLLOW
IFB BID SUBMISSION GUIDELINES AND INSTRUCTIONS SHALL RESULT IN BID REJECTION.
All prime Contractors submitting bids to Pima County must be registered as a vendor in AZ UTRACS at http://adot.dbesystem.com.
http://adot.dbesystem.com/
INSTRUCTIONS TO BIDDERS Page 7
A. BID SUBMISSION:
ALL BIDDERS must complete, execute, and submit the following documents with their bid submission:
• Exhibit A - Bid Schedule, pages 1 - 2 only:
o A duly authorized representative of the bidding firm must sign the Bid and Certifications.
• Arizona Statutory Bid Bond o Bids must be accompanied by a scan of an original certified check, cashier’s check, or surety bond for 5% of the amount of the Total Bid Amount made payable to Pima County pursuant to A.R.S. § 34-201(A)(3). Bonding companies must be licensed in Arizona. Original hard-copy documents must be provided upon request.
B. BY THE 5TH CALENDAR DAY FOLLOWING BID OPENING, NO LATER THAN 4:00 PM TUCSON
TIME:
1) ALL BIDDERS must complete the Bidders/Proposers List online at AZ UTRACS at https://utracs.azdot.gov/BiddersListInfo/ by selecting all subcontractors, service providers, manufacturers and suppliers that expressed interest or submitted bids, proposals, or quotes for this contract. The Bidders/Proposers List form must be complete and must include the names for all subcontractors, service providers, manufacturers and suppliers regardless of the bidders’ intentions to use those Firms on the project. A confirmation email will be generated by the system (refer to instructions in Exhibit B, Attachment 4):
• Submit the email confirmation to Nichole Caballero at Nichole.Caballero@pima.gov
2) THE APPARENT LOW BIDDER must also submit to Nichole.Caballero@pima.gov:
• Exhibit B, Attachment 1 – Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports April, 1969
ALL BIDDERS are encouraged to submit the above-referenced Certification in the same timeframe to be considered for award if the contract is not awarded to the Apparent Low Bidder.
FAILURE TO SUBMIT THE REQUIRED INFORMATION BY THE STATED TIME AND IN THE MANNER
HEREIN SPECIFIED WILL BE CAUSE FOR THE BIDDER TO BE DEEMED NON-RESPONSIVE AND
INELIGIBLE FOR AWARD OF THE CONTRACT.
5. PRICES
Unit prices are to include the furnishing of all materials, plant, equipment, tools, all applicable taxes, bonds, and the performance of all labor and services necessary or proper for the completion of the work, unless otherwise expressly provided in these bid documents. In the event of any extension error, the unit price will govern.
6. DATE AND PLACE FOR OPENING BIDS
Pursuant to the "Notice of Invitation to Bid,” sealed bids for performing the work will be received at https://www.bidnetdirect.com/arizona/pimacounty and opened via Microsoft Teams.
Bids will be received until the date and time stated in the Notice of Invitation to Bid. Bids will be opened on Microsoft Teams publicly and read immediately thereafter. Late bids will not be considered.
https://utracs.azdot.gov/BiddersListInfo/ mailto:Nichole.Caballero@pima.gov mailto:Nichole.Caballero@pima.gov
PALO VERDE RD AND MICHIGAN ST, HAWK AND
PALO VERDE SIDEWALKS
INSTRUCTIONS TO BIDDERS Page 8
7. EVALUATION AND AWARD
Bidders shall guarantee bid prices for 75 calendar days after the date of bid opening to allow adequate time for evaluation and award. If it is in the best interests of the County, the bid shall be recommended for award to the lowest, responsive, responsible bidder on the basis of the Combined Total Bid Amount for the HAWK and Sidewalks projects. If County cannot fund the HAWK Combined Base Bid and Additive Alternates 1 and 2 within the limits of available funding, the bids will be evaluated on the HAWK Combined Base Bid and Additive Alternate 1 plus Sidewalks Base Bid. If County cannot fund the HAWK Combined Base Bid and Additive Alternate 1 within the limits of available funding, the bids will be evaluated on the lowest Combined Base Bid. Mistakes in bids shall be handled in accordance with §11.12.010(G) of the Pima County Procurement Code. The County reserves the right to reject any and all proposals or to withhold the award for any reason.
The Pima County Procurement Department will return any original Bid Guaranty of unsuccessful Bidders as soon as practical after the opening of Bids and the determination of the low Bidder.
Following approval of award by the Pima County Board of Supervisors, the Pima County Procurement Department Design and Construction Division will issue a Notice of Recommendation for Award (NORFA) to the successful bidder. This act constitutes the acceptance of a bid. The acceptance of a bid shall bind the successful bidder to execute the contract and complete the work at the price bid within the time stipulated or be responsible for liquidated damages as provided. The rights and obligations provided for in the contract shall become effective and binding upon the Parties only with its formal execution by the County.
8. TIME FOR EXECUTING CONTRACT
The successful bidder will be required to execute the contract and return it to the Pima County Procurement Department, Design and Construction Division within 10 days after receipt of NORFA, complete with required bond forms and insurance certificates. Failure or neglect to do so shall constitute a breach of the contract and may result in termination.
9. PROPRIETARY SPECIFICATIONS-SUBSTITUTIONS AND PRIOR APPROVAL OF ALTERNATIVE
PRODUCTS PROCEDURES.
It is the intent that these Bid Documents comply with the provisions of the Arizona Revised Statutes, as amended, prohibiting the use of specifications proprietary to one supplier, distributor or manufacturer.
When a specific reference to an article, manufacturer, proprietary name, device, product, material or fixture is made in these documents, it is to establish a standard of quality and shall not be construed as limiting competition and is only used to describe more clearly the intended result.
Substitute products, materials, appliances, equipment, fixtures, or systems will be considered for prior approval. Any bidding contractor desiring to obtain prior approval(s) shall, at least 8 calendar days prior to the original deadline for receiving bids, submit, in a sealed envelope, catalog cuts, shop drawings, or other descriptive literature for products, materials, appliances, equipment, fixtures, or systems for which the bidder wished to make substitution. The bidder shall make request to County in triplicate on copies of form included. Submittal(s) shall include a complete and adequate analysis showing point-for-point comparison to specified item(s) or system(s) and shall prove equality or superiority. Include related Section and Drawing number(s), and fully document compliance with requirements for substitutions.
Include product data/drawings, description of methods, samples where applicable, statement of effect on construction time (if any) and coordination with other affected Work. Anything less than the above submittal requirements will not be considered. If available, the bidder shall include identification of previous local use of proposed substitutions with dates and names of owner.
A. Direct submittals from subcontractors, material vendors, or manufacturers will not be accepted.
All prior approval requests shall be made by bidding general contractors. Submissions from subcontractors or suppliers will not be considered.
INSTRUCTIONS TO BIDDERS Page 9
B. The County will be the sole judge of equivalency of proposed substitution(s).
C. Prior to making a prior approval request, bidder shall satisfy itself that the item or system the bidder proposes is, in the bidder’s best judgment, equal to that specified; that it will fit into space allocated; that it affords comparable ease of operation, maintenance, and service; that its appearance, longevity, and suitability for climate and use are comparable to that specified; and that substitution is in County’s best interest.
D. Manufacturer's data, which is readily available to the County, is not sufficient for establishing proof of quality.
E. The bidder may be required to provide laboratory test data performed by a nationally recognized independent testing laboratory known for its testing expertise. Laboratory tests shall include types of materials used in substitute item or system, including thickness and strength, and a direct comparison to item or system specified for capacities, capabilities, coatings, functions, life cycle usage, and operations.
F. Burden of proof that a proposed substitution is equal to a specified item or system shall be upon
Contractor, who shall support the request with sufficient test data, samples, brochures, and other means to permit a fair and equitable decision on merits of proposal.
G. The County Procurement Department will notify Bidders of acceptance via a written addendum to the Bid Documents listing accepted substitutions.
Acceptance of substitutions shall not relieve Contractor from responsibility for complying with all other requirements of the Bid documents and coordinating substitution(s) with adjacent materials and other affected equipment.
Submit substitution requests to:
James Johnson, Procurement Officer
Pima County Procurement Department Design and Construction Division
150 W. Congress, 5th Floor Tucson, Arizona 85701
CLEARLY IDENTIFY ON SUBMITTAL ENVELOPE THAT IT CONTAINS A SUBSTITUTION REQUEST.
Complete requests may also be submitted via email to James.Johnson@pima.gov, however County is not responsible for misdirected emails. Clearly identify in the subject line of the email that it contains a substitution request.
10. NON-COLLUSION
Each bidder, by signing and submitting a bid, is certifying that the bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with this bid.
11. SUBCONTRACTORS
The contractor shall not subcontract at any tier with any firm or person listed in the Federal Government’s System for Award Management (SAM) (SAM.gov | Home) with an active exclusion.
No subcontractor may be added or changed without the prior written approval of the County subsequent to review and approval by the Administering Department Director and Procurement Director.
mailto:James.Johnson@pima.gov
INSTRUCTIONS TO BIDDERS Page 10
12. SUSPENSION & DEBARMENT
By submitting this bid, the bidder is certifying that neither it nor any of its principals are currently suspended or debarred, or under consideration for suspension or debarment, by any public agency or entity at the local, state or Federal level. As per 2 CFR Parts 180 and 1200, that neither it nor any of its principals are debarred or suspended or under consideration for suspension or debarment by any Federal, State or Local government or agency. If a respondent is not able to certify, the respondent must submit a letter that identifies the agency involved and a contact and explains why respondent is suspended or debarred or being considered for suspension or debarment. County verifies that respondent has no active exclusions in the System for Award Management (SAM) website at time of submittal.
The County Board of Supervisors reserves the right to reject the bid/proposal response of any persons or corporations who have previously defaulted on any contract with Pima County or who have engaged in conduct that constitutes a cause for debarment or suspension as set forth in Pima County Code Chapter
11.28 and 11.32.
13. LOBBYING CERTIFICATION: As per 49 CFR Part 20, Subpart A, “No appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.”
Bidders must certify, on Exhibit A – Bid Schedule, pages 1 and 2, as per 49 CFR Part 20, Subpart B, that they have not made and will not make any payments prohibited in the above paragraph, and County will maintain such certification.
14. ARIZONA CONTRACTOR'S LICENSE
Contractors must have the appropriate license issued by the State of Arizona Registrar of Contractors by the end of the 60th calendar day after bid opening. Failure to obtain this license within 60 days may result in rejection of the bid without further recourse and award of the contract to the next low responsive, responsible bidder. For the purposes of this paragraph, the day of bid opening shall be excluded and the day following will be the first day after bid opening.
15. UNBALANCED BIDS
The County reserves the right to reject a bid as non-responsive if the prices bid are materially unbalanced between line items. A bid is materially unbalanced when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated and there is a reasonable doubt that the bid will result in the lowest overall cost to County, even though it may be the low evaluated bid.
16. JOINT VENTURES
Bidders that submit a bid as a Joint Venture must include a copy of any Joint Venture Agreement at the time of bid naming Pima County as a third-party beneficiary of the Joint Venture Agreement. The bid bond must be presented in the Joint Venture‘s name as the Principal. The Joint Venture must be validly formed as an Arizona corporation, partnership, or other separate legal entity (a “Joint Venture Entity”) with the Joint Venture Entity registered as a Vendor with Pima County at the time of bid. The bid must be executed by all of the Joint Venture participants or by one Joint Venture participant with a letter of authorization from the other Joint Venture participants. In the event the Joint Venture is the lowest bidder and is awarded the project, but the Joint Venture has failed to validly form a Joint Venture Entity with the Joint Venture Entity registered as a Vendor with Pima County at the time of bid, the Joint Venture participants will execute a single Contract with Pima County with each Joint Venture participant as a separate
INSTRUCTIONS TO BIDDERS Page 11
Contractor under the Contract. Each such Contractor will be jointly and severally liable for performance under the contract, and the required Payment and Performance Bonds will identify the individual Contractors (see Sample Contract).
17. PUBLIC INFORMATION
Responses to this solicitation shall be considered public information after award and execution of the contract. The County procedure for the handling of confidential information is reflected in Article 28 of the sample contract included in this solicitation.
18. VENDOR REGISTRATION
Pima County has implemented Bidnet Arizona Purchasing Group. The internet link for Vendor Registration is www.bidnetdirect.com/arizona/pimacounty. All Respondents must register in Bidnet in order to respond to the solicitation. Please ensure that the legal entity name in Bidnet matches the legal entity submitting a response. The selected Contractor(s) must also register in Pima County’s financial system (Workday) https://www.pima.gov/208/Vendor-Registration in order to be awarded a contract.
19. PIMA COUNTY ONESTOP SYSTEM
Pima County One Stop often has professional and administrative staff, managers, and experienced construction supervisors and workers available for immediate hire. Call (520) 243-6700 or contact One Stop at http://webcms.pima.gov/cms/one.aspx?portalId=169&pageId=28947
20. PROTESTS
An interested Party may file a protest regarding any aspect of a solicitation, evaluation, or recommendation for award. Protests must be in accordance with the Pima County Procurement Code, Section 11.20.010.
21. FEDERAL REQUIREMENTS
This is a Federally Funded Project and Davis Bacon Wages, Attachment 2 of the Special Conditions, do apply. Weekly Certified Payrolls are required from the Contractor and its’ subs. Subcontractor payrolls should be reviewed and approved by the Contractor prior to submitting them to Pima County Field Engineering Contract Administration of the Pima County Department of Transportation. Additional instructions regarding these requirements will be communicated at the pre-construction meeting.
END OF INSTRUCTIONS TO BIDDERS
file://///Central.pima.gov/CentralFS/Procurement/_Shared%20Data/DC/01%20Bidnet%20Templates/Solicitations/www.bidnetdirect.com/arizona/pimacounty https://www.pima.gov/208/Vendor-Registration http://webcms.pima.gov/cms/one.aspx?portalId=169&pageId=28947
REQUEST FOR PRIOR APPROVAL OF SUBSTITUTE ITEMS OR SYSTEMS Page 12
REQUEST FOR PRIOR APPROVAL OF SUBSTITUTE ITEMS OR SYSTEMS
(1 Page)
IFB-2600012745
FEDERAL ID NO.: PPM-0(275)C; ADOT TRACS NO.: T057601C
AND
A complete reproduction of this form must accompany all requests for prior approval. Failure to submit this form with request may be cause for rejection. Substituted items or systems may be incorporated into the Work only after receipt of County's written approval in the form of an addendum.
Note: This request must be received at least eight (8) calendar days prior to the original deadline for receiving bids.
[Subcontractor] [Material Vendor] [Manufacturer]:
Item or System:
Specification Section Reference:
Drawing Reference:
Affect, if any, on Construction Time:
Summary of Related Work Requiring Coordination (if any):
(Contractor shall assume responsibility for complete coordination with Work of all trades involved if Request for Prior Approval is approved.)
Attached documentation: The following is herewith attached to provide complete documentation of requested substitution. (Indicate with a check next to those documents attached.)
1. Point-for-Point Comparison: 4. Shop Drawings:
2. Product Data: 5. Test Reports:
3. Samples: 6. Other: _
SIGNATURE: DATE:
PRINTED NAME & TITLE:
FIRM NAME:
EXHIBIT A – BID SCHEDULE Page 13
EXHIBIT A – BID SCHEDULE (8 PAGES)
FEDERAL ID NO.: PPM-0(275)C; ADOT TRACS NO.: T057601C
AND
The undersigned Bidder hereby acknowledges receipt of the complete Bid Documents for this project and has examined and is familiar with all documents, including those incorporated by reference, which are applicable to this project. By executing this Bid Schedule, BIDDER hereby proposes and agrees to furnish any and all required labor, material, construction equipment, transportation, and services for the project in strict conformity with the Bid Documents, at the unit prices set in this Exhibit A. Failure to sign page 2 of this Bid Schedule shall result in Bid being deemed non-responsive.
BIDDER SHALL SIGNIFY RECEIPT OF ADDENDA (IF ANY). Any bid that fails to acknowledge any addenda that directly affects cost, scope or schedule will be rejected as nonresponsive.
Addenda # By (Bidder Initials) Date Addenda # By (Bidder Initials) Date
Appendix A to Part 20 of 49CFR – Certification Regarding Lobbying
“No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.”
EXHIBIT A – BID SCHEDULE Page 14
BIDDER HEREBY CERTIFIES that it has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this bid.
SIGNATURE: DATE:
PRINTED NAME & TITLE:
LEGAL COMPANY NAME:
ADDRESS:
CITY: STATE: ZIP:
TELEPHONE NO.: ( ) EMAIL:
CORPORATE HEADQUARTERS (CITY, STATE)
ARIZONA CONTRACTOR’S LICENSE NUMBER: CLASS:
ARIZONA CONTRACTOR’S LICENSE NUMBER: CLASS:
UNIQUE ENTITY IDENTIFICATION NUMBER (SAM.GOV):
EXHIBIT A – BID SCHEDULE Page 15
EXHIBIT A – BID SCHEDULE (Con’t)
PALO VERDE RD AND MICHIGAN ST, HAWK AND PALO VERDE SIDEWALKS
Bid Schedule*
Base Bid – Palo Verde Rd and Michigan St, HAWK Project
Code Description UOM Quantity Price Total Cost
6080002 Regulatory, Warning, or Marker Sign
Panel W/Type II Sheet (Type XI)
SF 28
7010260 Obliterate Pavement Marking LF 100
7040005 Pavement Marking (White Extruded
Thermoplastic) (0.090")
LF 1,344
7310035 Pole (Type J, ADOT) EA 1
7310045 Pole (Type Q, ADOT) EA 1
7310220 Pole Foundation (Type J) EA 1
7310230 Pole Foundation (Type Q) EA 1
7310350 Control Cabinet Foundation EA 1
7310375 Service Pedestal Cabinet
Foundation
EA 1
7310415 Mast Arm (35 ft.) (Tapered) EA 2
7310520 Mast Arm (20 ft.) (Tapered)
(Luminaire)
7320020 Electrical Conduit (2") (PVC) LF 10
7320025 Electrical Conduit (2 1/2") (PVC) LF 65
7320030 Electrical Conduit (3") (PVC) LF 25
7320040 Electrical Conduit (2 -4") (PVC) LF 95
7320041 Electrical Conduit (2 -4") (PVC)
(Directional Drill)
LF 290
7320049 Electrical Conduit (3 -4") (PVC) LF 40
7320126 Electrical Conduit (2 1/2") (RGS)
(TEP Pole Sweep)
7320420 Pull Box (No. 7) EA 1
7320421 Pull Box (No. 7) (with Extension) EA 1
7320601 Conductors, Signal LF 270
7320602 Conductor, CAT 5E Cable LF 290
7320616 Conductor (No. 6) (Insulated)(SP) LF 30
7320620 Conductor (No. 10) (Insulated)(SL&PC)
LF 290
7320624 Conductor (No. 4) (Bare) LF 30
7320628 Conductor (No. 8) (Bare) LF 170
7320690 Ground Rod (3/4" Dia. X 10') EA 1
7320800 Service Pedestal Cabinet EA 1
7320890 Electrical Service Installation LS 1
7330045 Traffic Signal Face (Type F)
(Modified)
EA 6
EXHIBIT A – BID SCHEDULE Page 16
7330200 Traffic Signal Face (Pedestrian)
(Man/Hand)
EA 2
7330320 Traffic Signal Mounting Assembly
(Type V)
7330350
(Type XI)
7330370
(Astro-Brac)
EA 4
7340050 Traffic Signal Controller Assembly
(Type V)
7350400 Pedestrian Push Button (2" ADA
Button) (With Sign)
7360050 Luminaire (Horizontal Mount) (LED) EA 1
7360190 Photo Electric Control EA 1
9300110 Miscellaneous Work 1 (Vibration
Mitigation Device)
Base Bid Total: $ SAMPLE
Additive Alternate 1 - Palo Verde Rd and Michigan St, HAWK
Code Description UOM Quantity Price Total Cost
7320820 Battery Back Up Power System EA 1
Additive Alternate 1 Total: $ SAMPLE
Additive Alternate 2 - Palo Verde Rd and Michigan St, HAWK
7340000 PTZ Camera EA 1
7350000 MioVision Core and 360 Camera EA 1
Additive Alternate 2 Total: $ SAMPLE
Palo Verde Rd and Michigan St, HAWK Total (Base Bid + Add Alt 1 + Add Alt 2) $ SAMPLE
Base Bid – Palo Verde Sidewalks Project
2010001 Clearing and Grubbing LS 1
2020001 Removal of Structures &
Obstructions
LS 1
2020029 Removal of Bituminous Pavement SY 3,275
EXHIBIT A – BID SCHEDULE Page 17
2020030 Removal of Bituminous Pavement
(by Milling)
SY 3,177
2020071 Removal of Guard Rail LF 154
2020110 Miscellaneous Relocation LS 1
2030300 Roadway Excavation CY 848
2030401 Drainage Excavation CY 522
3030003 Aggregate Base CY 741
4010005 Portland Cement Concrete
Pavement
SY 569
4040111 Tack Coat Ton 3
4060001 Asphaltic Concrete (No. 1) Ton 436
4060002 Asphaltic Concrete (No. 2) Ton 9
4060004 Asphaltic Concrete No. 2 (Terminal
Mix HV) Ton 697
5030083 Sidewalk Scupper (Type 3) EA 4
5090110 Sewer Manhole, Adjustment EA 2
5103101 Potable Water, Adjust Valve Box and
Cover
EA 3
5150005 Utility Potholing, Depth <12' EA 35
5150007 Utility Potholing, Depth >/=12' EA 10
6016400 Concrete Spillway SF 72
6070010 Sign Post (Perforated) (Single) LF 548
6070110 Foundation for Sign Post
(Perforated)
EA 47
6070220 Remove and Relocate Signs EA 40
6080002 Regulatory, Warning, or Marker Sign
Panel (Type XI)
SF 50
7010005 Traffic Control LS 1
7010025 Flashing Arrow Panel Ea/Day 250
7010027 Changeable Message Board Ea/Day 250
7010075 Flagging Services (Civilian) Ea/Day 1,056
EXHIBIT A – BID SCHEDULE Page 18
7010077 Flagging Services (Uniformed
Officer) (Off Duty) Ea/Day 40
7010079 Official Police Vehicle (Off Duty) HOUR 40
7010260 Obliterate Pavement Marking LF 108
7010270 Obliterate Pavement Marking
(Symbol and Legends)
EA 7
7040010 Pavement Marking (White Hot-
Sprayed Thermoplastic) (0.060")
LF 6,925
7040020 Pavement Marking (Yellow Hot- Sprayed Thermoplastic) (0.060")
LF 616
7040110 Pavement Marking (White Hot-
Sprayed Thermoplastic)(Transverse) (0.09")
LF 4,743
7050030 Pavement Marking, Preformed, Type
I, Single Arrow
EA 3
7070001 Tubular Markers EA 32
7080001 Painted Pavement Marking LF 12,284
7310075 Pole (Type 2E Street Light) EA 1
7310245 Pole Foundation (Type 2D and 2E
Street Light)
EA 1
7320020 Electrical Conduit (2") (PVC) LF 20
7320480 Reset and/or Relocate Existing Pull
Boxes
EA 12
7320620 Conductor (No. 10) (Insulated) LF 200
7320628 Conductor (No. 8) (Bare) LF 20
7350400 Pedestrian Push Button (2" ADA
Button) (With Sign)
EA 2
7350410 Pedestrian Push Botton (12" Extension, See Specification)
EA 1
7360050 Luminaire (Horizontal Mount) (LED) EA 1
7370200 Remove and Salvage or Reinstall
Electrical Equipment
LS 1
8030029 Rock Mulch (Special) SY 2,349
8030040 Granite Mulch SF 86,531
8050003 Seeding (Class II) SY 59,136
8100001 AZPDES/NPDES (Original) LS 1
8100005 Sediment Log (Discretionary) LF 500
EXHIBIT A – BID SCHEDULE Page 19
8100006 Sediment Wattle (Discretionary) LF 2,000
9010001 Mobilization LS 1
9080001 Concrete Curb (PAG Std Det 209, Type I)
LF 5,464
9080090 Concrete Curb Terminal Section (Std
Dtl. 212)
EA 9
9080201 Concrete Sidewalk SF 22,165
9080203 Concrete Sidewalk (6") SF 100
9080280 Curb Access Ramp, Std Det 207
(Type 1)(Detail R1)
EA 13
9080281 Curb Access Ramp, Std Det 207
(Type 2)(Detail R2)
EA 18
9080282 Curb Access Ramp, Std Det 207
(Type 3)(Detail R3)
EA 2
9080292 Concrete Landing with Detectable
Warning Strip
EA 7
9080301 Concrete Driveway Apron SF 807
9080402 Concrete Header LF 51
9080602 Concrete Bus Shelter Pad SF 513
9130007 Riprap (Hand Placed) SF 440
9130009 Rip Rap (Hand Placed) (Grouted) SF 171
9190005 Relocate Bus Shelter EA 1
9236001 Manhole Adjustment (Utility) EA 5
9250001 Construction Survey & Layout LS 1
9300110 Miscellaneous Work 1 (Curb Cut) EA 3
9300153 Miscellaneous Work (Sawcut) LF 5,998
9330002 Handrail LF 46
Base Bid Total: $ SAMPLE
EXHIBIT A – BID SCHEDULE Page 20
Base Bid - Cost Allowance – Palo Verde Sidewalks
Code Description UOM Quantity Price Total Cost
2010010 Clearing and Grubbing (Noxious and Invasive Species Control Allowance)
USD 1 $5,000.00 $5,000.00
5150005 Utility Impacts Allowance USD 10,000 $1.00 $10,000.00
8080111 Miscellaneous Landscape Work
Allowance
USD 100,000 $1.00 $100,000.00
9250111 Additional Staking and Layout
Allowance
USD 5,000 $1.00 $5,000.00
9300009 Incidental Items (Pavement Rehabilitation Allowance)
USD 50,000 $1.00 $50,000.00
9300010 Incidental Items (Guardrail Repair
Allowance)
USD 25,000 $1.00 $25,000.00
Base Bid Cost Allowance Total: $195,000.00
Palo Verde Sidewalks Total Base Bid + Cost Allowance $ SAMPLE
Palo Verde Rd and Michigan St, HAWK and Palo Verde Sidewalks Combined Project Total (HAWK: Base Bid + Add Alt 1 + Add Alt 2) and (Sidewalks: Base Bid + Base Bid Cost Allowances)
$ SAMPLE
END OF EXHIBIT A – BID SCHEDULE
BID BOND Page 21
ARIZONA STATUTORY BID BOND
PURSUANT TO TITLE 34, ARIZONA REVISED STATUTES
KNOW ALL MEN BY THESE PRESENTS THAT:
hereinafter "Principal"), as Principal, and
(hereinafter "Surety"), a corporation organized and existing under the laws of the State of , with its principal offices in the City of , holding a certificate of authority to transact surety business in Arizona issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article
1, as Surety, are held and firmly bound unto Pima County, Arizona, (hereinafter "Obligee"), in the sum of 5% of the amount of the bid of Principal, submitted by Principal to the Obligee for the work described below, for the payment of which sum, the Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for the work titled:
NOW, THEREFORE, if the Obligee shall accept the proposal of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of the proposal and give the bonds and certificates of insurance as specified in the standard specifications with good and sufficient surety for the faithful performance of the contract and for the prompt payment of labor and materials furnished in the prosecution of the contract, or in the event of the failure of the Principal to enter into the contract and give the bonds and certificates of insurance, if the Principal pays to the Obligee the difference not to exceed the penalty of the bond between the amount specified in the proposal and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the proposal then this obligation is void. Otherwise, it remains in full force and effect provided, however, that this bond is executed pursuant to the provisions of Section 34-201, Arizona
Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of that section to the extent as if it were copied at length herein.
Witness our hands this day of , 20 .
By:
Principal
Surety
SAMPLE CONTRACT Page 22
SAMPLE CONTRACT (12 pages)
PIMA COUNTY PROJECT DESIGN AND CONSTRUCTION DEPARTMENT
PROJECT: Palo Verde Rd and Michigan St, HAWK and Palo Verde Sidewalks
CONTRACTOR:
CONTRACT NO.:
AMOUNT:
FUNDING: U.S. Department of Transportation Federal Highway Administration (FHWA) Highway Safety
Improvement Program (HSIP) and Carbon Reduction Program (CRP); Regional Transportation Authority Grant Program (RTAG)
THIS Contract is entered into between Pima County, a body politic and corporate of the State of Arizona, hereinafter called County, and <Contractor>, hereinafter called Contractor, collectively referred to as the Parties.
W I T N E S S E T H
WHEREAS, County requires, consistent with the provisions of A.R.S. Title 34, the services of a Contractor to provide all equipment, labor, and materials required to construct the Palo Verde Rd and Michigan St, HAWK and Palo Verde Sidewalks Project (“Project”); and
WHEREAS, Contractor submitted the low responsive, responsible bid in response to Solicitation No. IFB- 2600012745 for the County for said work and is qualified and willing to provide such services.
NOW, THEREFORE, in consideration of the foregoing recitals and other valuable and good consideration the Parties hereto agree as follows:
ARTICLE 1 – TERM AND EXTENSION/RENEWAL/CHANGES
This Contract as approved by the Board of Supervisors commences on <BOS Approval date>, and terminates on <Project Termination Date>, unless sooner terminated or further extended pursuant to the provisions of this Contract.
Construction completion time for the work to be performed under this Contract will be 195 working days after the date of Notice to Proceed. Liquidated damages will be assessed based upon the construction completion time.
County has the option to extend the Contract termination date for project completion. Any modification or extension of the Contract termination date will be by formal written amendment executed by the Parties. The Procurement Director or the County Board of Supervisors, as required by the Pima County Procurement Code must approve change orders to the Contract or the Scope of Services before Contractor performs the work authorized by the change order.
ARTICLE 2 – SCOPE OF SERVICES
Contractor will provide for the County all labor, materials, and equipment necessary to complete the Palo Verde Rd and Michigan St, HAWK and Palo Verde Sidewalks Project. All work shall be as called for by Pima County Solicitation No. IFB-2600012745 Bid Documents, any issued Addenda, Exhibit B: Special Conditions (64 pages), Exhibit C: General Conditions (10 pages), current edition of the PAG Standard Specifications for Public Improvements 2015 Edition with Amendments, and other documents incorporated into this contract, all made a part hereof.
SAMPLE CONTRACT Page 23
ARTICLE 3 – COMPENSATION AND PAYMENT
A. General
1. In consideration of the services specified in this Contract, the County agrees to pay Contractor in the manner hereinafter specified. For this Article, “Subcontractor” includes Supplier. Payment will be made based on Exhibit A - Bid Schedule (8 pages) submitted by Contractor in response to Solicitation No. IFB-2600012745, and attached hereto and made part of this Contract.
2. Line items for which the “Unit” is defined as L.S. shall be paid as “Lump Sum”. Other line items for which the “Unit” is defined as a unit of measure (i.e., “each”, “L.F.”, etc.) and for which there is a Unit Price, will be measured and paid at the unit price for the actual quantity of work performed in accordance with the Standard Specifications. The quantities of unit-priced items stated in the bid schedule are estimates only and the actual quantities may be either less or more than stated in the Bid Schedule.
3. Total Payment for this Contract shall not exceed <$>.
4. Contractor must cite the PO (Contract) number on all invoices. Contractor will provide detailed documentation in support of requested payment. Invoices and payments must comply with A.R.S.
§34-221.
5. Contractor will not perform work in excess of the Contract Amount without prior authorization by an amendment executed by County. Work performed in excess of the Contract Amount without prior authorization by amendment is at Contractor’s own risk.
B. Progress Payments to Subcontractors
1. Each line item for which payment is claimed based on the work of a Subcontractor must identify the Subcontractor by name. Contractor will pay each Subcontractor and Supplier for which Contractor receives payment on an invoice within 7 days of receipt of the progress payment for that invoice. Such payments will be in the amount allowed by County for each Subcontractor or Supplier, to the extent of their interest therein. Retention by Contractor will not exceed the actual percentage retained by County from the progress payment. County, at any time, in its sole discretion, may require that invoices be supported by evidence of payment to Subcontractor and Supplier’s.
2. Contractor will withhold from an invoice the application and certification for payment of a Subcontractor or Supplier to which payment will not be made in accordance with the preceding paragraph (B)(1) as a result of unsatisfactory job progress, defective construction work or materials not remedied, disputed work or materials, third party claims filed or reasonable evidence that a claim will be filed, failure of a Subcontractor to make timely payments for labor, equipment and materials, damage to the Contractor or another Subcontractor, or other legitimate dispute or disagreement justifying nonpayment. On separate page(s) accompanying the invoice Contractor shall identify excluded Subcontractor / Suppliers and provide a brief justification for their nonpayment on the current invoice.
3. Failure to pay a Subcontractor for which payment was made by County will be deemed an unjustified failure to pay for which County may withhold from Contractor the sum of $2,000.00 plus the amount of the payment made by County. Such sum(s) shall be retained by County until the nonpayment issue is resolved, unless Contractor provides evidence convincing to the County, in its sole discretion, that the failure to pay was justified. Each succeeding month of unjustified nonpayment shall be deemed a new failure for which an additional $2,000.00 may be withheld.
At the sole discretion of County, repeated instances of unjustified nonpayment(s) may result in withholding of progress payments until the Subcontractor /Supplier payment issues are resolved.
C. Subcontractor Final Payments
Contractor will make prompt final payment to each of its Subcontractor’s of all monies due the Subcontractor, including retention, if any, after the Subcontractor has satisfactorily completed all of its work, there are no outstanding issues arising from the work, and County has incrementally accepted Subcontractor’s work in accordance with Section 105-17 of the Standard Specifications.
If the final payment, including retention, if any, is not made within 7 days of County payment to Contractor for Subcontractor’s work, County, in its sole discretion, may withhold $2,000.00 from
SAMPLE CONTRACT Page 24
Contractor’s progress payment(s) in accordance with paragraph (B)(3) above. Notwithstanding Incremental acceptance of Subcontractor’s work, the warranty thereon shall begin upon acceptance of the entire project.
D. Reservation of Audit Right For the period of record retention required under Article 23, County reserves the right to question any payment made under this Article and to require reimbursement therefor by setoff or otherwise for payments…
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