Los_Reales_Landfill_Cell_4B_Construction_(Addendum_#4_Revision).pdf

CITY OF TUCSON

INVITATION FOR BID

230059

LOS REALES LANDFILL CELL 4B CONSTRUCTION

Due Date: Tuesday, February 7, 2023

City of Tucson

255 W Alameda St

Tucson, AZ 85701

Procurement portal https://secure.procurenow.com/portal/tucson-az

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/28688

PUBLISH DATE: December 13, 2022 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON INVITATION FOR BID NO. 230059

BUSINESS SERVICES DEPARTMENT Page 2 of 56 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Emily Clark

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4129

Attachments:

A - Offer and Acceptance C - SBE Program Provisions D - Payment and Performance Bonds Form (Sample) E - Contractor Responsibility Form (Sample) F - (DO NOT USE) Bid Tabulation/Price Page G - Technical Specifications Los Reales Landfill - Cell 4B H - Construction Quality Assurance Plan Los Reales Landfill - Cell 4B I - (DO NOT USE) Construction Plans for the Cell 4B Liner, Los Reales Landfill J - (DO NOT USE) Construction Soil Stockpile, Equipment Area - Cell 4B K - Addendum 4-UPDATED Construction Plans for the Cell 4B Liner, Los Reales Landfill L - Addendum 4-UPDATED Technical Specifications, Section 01025 M - Addendum 4-Asbestos and Lead-Based Paint Report N - Addendum 4-UPDATED Construction Soil Stockpile, Equipment Area - Cell 4B O - Addendum 4-Adler Tank Specs P - Addendum 4-Asbestos and Lead-Based Paint Report

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A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF INVITATION FOR BID 230059

Los Reales Landfill Cell 4B Construction

PROJECT SITE: 5300 East Los Reales Road, Tucson, Arizona 85756

PRICE RANGE: Between $5,000,000 and $10,000,000

SBE/DBE GOAL: 1% SBE

SUBMITTAL DUE DATE: Tuesday, February 7, 2023 AT 2:00 pm LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE (OPTIONAL): Wednesday, January 11, 2023

TIME: 3:00 pm LOCAL AZ TIME

LOCATION: 5300 East Los Reales Road Tucson, Arizona Site Visit to Follow

(Or Join Via Microsoft Teams)

QUESTIONS SHALL BE DIRECTED TO: Emily Clark

(520) 837-4129 emily.clark@tucsonaz.gov

Publication Dates: Tuesday, December 13, 2022 and Tuesday, December 20, 2022

Posted Date: Tuesday, December 13, 2022 https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjMwMGI4MTQtNzUwMS00ZmE1LWIxN2MtY2JhNmNmN2Q3YTdh%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22652e9589-6721-4fcc-9850-5df86435b5d0%22%7d

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B. INTRODUCTION

B.1. Summary

The City of Tucson is soliciting bids for the construction of a new cell, 4B, at the Los Reales Landfill.

Work includes, but is not necessarily limited to, surveying, excavation, subgrade preparation, stormwater channel construction, and riprap placement.

B.2. Contact Information

Emily Clark Contract Officer Email: emily.clark@tucsonaz.gov Phone: (520) 837-4129 Department:

EGSD

B.3. Timeline mailto:emily.clark@tucsonaz.gov tel:(520)837-4129

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Issue Date December 13, 2022

Pre-Bid Conference (Non-Mandatory) January 11, 2023, 3:00pm

Agenda

5300 East Los Reales Road Tucson, Arizona Site Visit to Follow

Question Submission Deadline February 2, 2023, 2:00pm

Bid Due Date February 7, 2023, 2:00pmhttps://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWZjZjE1ZTUtMjEyMS00Z TVlLWI2MWQtNmQwOWZiNzFlZDk0%40threa d.v2/0?context=%7b%22Tid%22%3a%22d21e 59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%2265 2e9589-6721-4fcc-9850- 5df86435b5d0%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjMwMGI4MTQtNzUwMS00ZmE1LWIxN2MtY2JhNmNmN2Q3YTdh%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22652e9589-6721-4fcc-9850-5df86435b5d0%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWZjZjE1ZTUtMjEyMS00ZTVlLWI2MWQtNmQwOWZiNzFlZDk0%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22652e9589-6721-4fcc-9850-5df86435b5d0%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWZjZjE1ZTUtMjEyMS00ZTVlLWI2MWQtNmQwOWZiNzFlZDk0%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22652e9589-6721-4fcc-9850-5df86435b5d0%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWZjZjE1ZTUtMjEyMS00ZTVlLWI2MWQtNmQwOWZiNzFlZDk0%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22652e9589-6721-4fcc-9850-5df86435b5d0%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWZjZjE1ZTUtMjEyMS00ZTVlLWI2MWQtNmQwOWZiNzFlZDk0%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22652e9589-6721-4fcc-9850-5df86435b5d0%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWZjZjE1ZTUtMjEyMS00ZTVlLWI2MWQtNmQwOWZiNzFlZDk0%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22652e9589-6721-4fcc-9850-5df86435b5d0%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWZjZjE1ZTUtMjEyMS00ZTVlLWI2MWQtNmQwOWZiNzFlZDk0%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22652e9589-6721-4fcc-9850-5df86435b5d0%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWZjZjE1ZTUtMjEyMS00ZTVlLWI2MWQtNmQwOWZiNzFlZDk0%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22652e9589-6721-4fcc-9850-5df86435b5d0%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWZjZjE1ZTUtMjEyMS00ZTVlLWI2MWQtNmQwOWZiNzFlZDk0%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22652e9589-6721-4fcc-9850-5df86435b5d0%22%7d

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C. INSTRUCTION TO BIDDERS

C.1. DEFINTION OF KEY WORDS USED IN THE SOLICITATION

For purposes of this Solicitation and subsequent contract, terms used in the Instructions to Bidders will have the meanings as set forth below. Terms which are defined in the General Terms and Conditions for Construction will have the meanings as defined in the General Conditions.

Apparent Low Bidder: Bidder/Offeror who has submitted the lowest Bid at the Bid Opening without correction of numerical discrepancies, consideration of alternates or determination of responsiveness and responsibility. The Apparent Low Bidder is not necessarily the Successful Bidder.

Bidder/Offeror: Each individual or entity that submits a submittal in response to this Solicitation.

Bidding Documents: Invitation to Bid, Instructions to Bidders, Proposal Form and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

Business Services Director: The contracting authority for the City authorized to sign contracts and addenda thereto on behalf of the City.

City: The City of Tucson, Arizona.

Contract: The legal agreement(s) executed between City and the Successful Offeror(s). The Contract will be deemed to include the conditions and requirements set forth in this IFB and any Addenda to the IFB, Attachments, Drawings, Specifications, the General Terms and Conditions for Construction, and all the terms of the Proposal submitted by Offeror as finally negotiated and accepted by the City.

Contractor/Consultant: A Successful Offeror that enters into a Contract with the City.

Contract Representative: The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and is responsible for monitoring and overseeing the Contractor's performance under this Contract.

May: Indicates something that is not mandatory but permissible.

Must: The action or condition is required.

Should: Indicates something that is recommended but not mandatory. If the Bidder fails to provide recommended information, the City may, at its sole option, ask the Bidder to provide the information or evaluate the bid without the information.

Successful Bidder: The lowest, qualified, responsible and responsive Bidder to whom the City intends to award a contract.

Will: The indicated party is promising to take the action or abide by the condition.

C.2. PRE-SUBMITTAL MEETING

A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation, if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position.

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C.3. INQUIRIES, INTERPRETATIONS, OMISSIONS, DISCREPANCIES, AND

INTERPREATATIONS

Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding system, to the Contract Officer by the Question Submission Deadline. The email must refer to the solicitation number and the paragraph number of the provision that the question concerns. The Contract Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation addendum or response through the question and answer portal in the online bidding system. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions posted and answered through the online bidding system, or posted as a formal solicitation addendum will be binding.

The bidder should take no advantage of any apparent error or omission in the plans, estimated quantities, or specifications. Should a Bidder find discrepancies in, or omissions from, the drawings or other Bidding Documents, or should the Bidder be in doubt as to their meaning, they should at once notify the Contract Officer who is identified in the proposed Bidding Documents. All requests for interpretations must be made in writing and the requestor must be responsible for the prompt delivery of the request.

The Contract Officer will not make oral interpretations and will not be responsible for any explanations or interpretations except those duly issued in the form of written addendum directed to all Bidders known to be in possession of Bidding Documents. Questions received less than ten (10) days prior to the date of Bid Opening may not be answered.

C.4. ADDENDUM OF SOLICITATION

Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that vendors who have registered with the Business Services Department at https://procurement.opengov.com/portal/tucson-az and follow the City of Tucson will receive email notifications of solicitation addenda. Questions received less than ten

(10) days prior to the date of Bid Opening may not be answered.

C.5. UNDERSTANDING SCOPE OF WORK

Before submitting an Offer to this solicitation, Contractor must familiarize itself with the Scope of Work, Plans and Specifications, laws, regulations, physical conditions, and other factors affecting the obligations – including the expense and difficulty of fulfilling those obligations – that Offeror will have under the Contract if awarded to Offeror. No adjustment to the financial or other terms of the Contract will be justified by Offeror’s failure to fully understand or appreciate the Contract requirements or other factors affecting Contract performance.

It is the responsibility of each Bidder before submitting a Bid to:

• Examine the Bidding Documents thoroughly,

• Visit the site to become familiar with local site conditions that may affect cost, progress, performance or furnishing of the Work, https://procurement.opengov.com/portal/tucson-az

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• Consider Federal, State and local laws and Regulations that may affect cost, progress, performance or furnishing of the Work,

• Study and carefully correlate Bidder's observations with the Bidding Documents, and

• Notify the Construction Administrator in writing of all conflicts, errors or discrepancies noted in the Bidding Documents.

The failure or omission of a Bidder to receive or examine any form, instrument, Addenda or other document or to visit the site and acquaint themselves with conditions there existing, shall in no way relieve such Bidder from obligations with respect to their Bid or to the Contract. The submission of a Bid shall be taken as prima facie evidence of compliance with these instructions.

Bidders wishing to conduct additional examinations, including site investigations and explorations, shall request approval from the City prior to commencing any on-site investigation or exploration. Approval shall be granted at the City’s sole discretion. If approved, Bidders shall observe all noise, dust and vegetation control restrictions, fill all holes and excavations and clean up and restore the site to its former condition upon completion.

The submission of a Bid shall constitute an incontrovertible representation by Bidder that they have complied with every requirement of these Instructions to Bidders and that without exception, the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and that the Bidding Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

C.6. APPROVAL OF EQUAL ITEMS OF EQUIPMENT AND/OR MATERIALS

Where an item or material is specified by the name of a manufacturer, distributor, supplier, or other proprietary name, it is done for the purpose of establishing a basis of quality and not for the purpose of limiting competition. The City's intent is to consider alternative products which have the desired essential characteristics. The City will consider any such product offered. Requests for approval of alternative products must be made through the Offeror. No approvals for substitutions will be granted directly to suppliers, distributors or Subcontractors.

Bidders desiring to submit alternative product proposals for prior approval must submit such proposals to the Contract Officer at least ten (10) days prior to the original deadline for receiving Bids or any published extension thereof. Each such request must include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute, including drawings, cuts, performance and test data, and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or other Work that incorporation of the substitute would require must be included. The City will consider and either approve or reject alternative product proposals submitted.

If, by the close of the fifth (5th) day prior to the deadline for receiving Bids, the City has approved any alternative product proposals, an addendum will be issued to include the alternative products. The City's decision of approval or disapproval of a proposed substitution will be final.

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C.7. PREPARATION OF SUBMITTAL

A. Form and Organization. If Offer forms are included in this Solicitation, Offeror’s Submittal must be on those forms. Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal forms in order to complete them electronically but may not alter or rearrange them or change any paragraph designations. The completed forms shall be without interlineations, alterations or erasures, except where initialed by the person or persons signing the bid. Proposals shall not contain any recapitulations of the Work to be done. Alternate proposals, other than those called for in the Proposal form, will not be considered. No oral, telegraphic, telephonic or modified Proposals will be considered.

B. Confidential Information. Any information in its submittal that Offeror wishes to be treated as confidential must be clearly marked “CONFIDENTIAL.”

C. Offer Contents. Offeror’s submittal must contain responses to all sections of this solicitation, any Offer forms provided must be completed and any requested supporting documentation must be attached.

D. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance page. Any cover letter accompanying the proposal documents must be signed. Offeror must initial each erasure, interlineation or other modification in the submittal. The person signing and initialing on behalf of Offeror must be a person authorized to legally bind Offeror.

E. Prices. Where a unit price is provided it will govern over any erroneous extension of the price.

Numbers shall be stated both in writing and in figures (when applicable). The prices are to include the furnishing of all materials, plant, equipment, tools, and all other facilities, and the performance of all labor and services necessary or proper for the completion of the Work;

except such as may be otherwise expressly provided in the Bidding Documents. In case of a discrepancy between written Words and figures in a Proposal, the amount stated in written words shall govern. If this is a unit price bid, then in the event of a discrepancy between unit bid prices and extensions, the unit bid price shall govern. All of the figures shall be in ink or typed.

F. The Base Bid shall include all Work as set forth on the drawings and in the specifications. If alternatives are called for in the Proposal form, the blank spaces opposite correspondingly numbered alternatives shall be completed by inserting the exact amount to be deducted or added to the base Bid for that particular alternative only.

G. Unbalancing of a Bid may be cause for rejection.

H. Time Periods. Periods of time, stated as a number of days, will be calendar days unless specifically stated otherwise.

I. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or withdraw its submittal after the Submittal Deadline.

J. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting, submitting or providing any response to this solicitation.

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K. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the performance of the Contract if they are awarded the Contract and must describe their qualifications in detail.

L. Incomplete Information. Failure to include all requested information may have a negative impact on the evaluation of Offeror’s submittal.

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

N. Bidders submitting falsified or fraudulent Bidding documents, and Contractors submitting falsified or fraudulent documents, including falsified Bidding Documents, payrolls, lien waivers, payment estimates and other documents may be subject to prosecution.

C.8. BID SECURITY

Proposals shall be accompanied by a Bid bond issued by a Surety Company authorized to do business in the State of Arizona and acceptable to the City, or by a certified check or cashier’s check on a bank doing business in the City of Tucson, payable to the City of Tucson, in an amount equal to at least ten percent (10%) of the total amount of the bid (including any alternates) as stated in the Proposal, as a guarantee that the Successful Bidder, if awarded the Contract, will promptly enter into a Contract to perform the Work in the manner and form required by the Contract Documents, and will the furnish the required Performance and Payment Bonds. Failure of the Successful Bidder to execute a contract and file the required bonds within the timeframe specified in the Notice of Intent to Award letter, shall be just cause for the cancellation of the award and may be cause for the forfeiture of the Bid Bond or other Bid securities, which shall become the property of the City of Tucson, not as a penalty, but as liquidation of damages sustained by the City. Award may then be made to the next lowest responsible and responsive Bidder, or the Work may be re-advertised or abandoned, as the City may decide.

Unsuccessful Bidders’ Bid securities will be returned upon request after execution of the Contract.

C.9. SUBCONTRACTORS

The City of Tucson does not support post-bid price competition among subcontractors (i.e. "bid shopping") in procurement of construction services.

To assist in prevention of “bid shopping” on City construction projects, bidders shall submit with their bid, on the form provided, subcontractor lists for all first tier subcontractors that are above $5,000.

Pursuant to Tucson Municipal Code, Section 28-48(2), bids not in compliance with this requirement shall be deemed non-responsive. If, however, failure to comply would result in the rejection of the lowest responsive bid, and the next lowest responsive bid is 5% higher (or more) than the lowest responsive bid, the Director shall allow the lowest responsive bidder an additional 2 days from the time of bid opening to submit the required subcontractor list.

Submission of the subcontractor list shall act as bidder certification that the work shall be performed by either the bidder or the listed subcontractors. The contractor shall hold the required Registrar of Contractors license for any work that is to be performed by the subcontractor.

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C.10. TAXES

The City is exempt from federal excise tax, including the federal transportation tax. The City is not tax exempt from sales tax, etc. Applicable taxes should be included Offeror's bid.

C.11. PUBLIC RECORD

Any documents submitted by Offeror in response to this solicitation will become the property of the City.

Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

C.12. CONFIDENTIAL INFORMATION

The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If Offeror believes that any portion of its proposal, offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the City receives a public records request to which the record is responsive, Offeror must, when the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

If the City, after award notification, receives a public-records request to which a Contractor record marked “CONFIDENTIAL” is responsive, City will notify Offeror in writing. Unless Offeror, within 10 days after the date of that notice, obtains and provides to City an order from a court of competent jurisdiction prohibiting the City from releasing the records, the City may release the records without any liability to Offeror.

C.13. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

By submitting a response, Offeror warrants that:

A. Preparation and submission of the submittal did not involve collusion or other anti-competitive practices.

B. Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with this solicitation.

C. No person has been employed or retained to solicit or secure a Contract under this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee.

D. No member of the City of Tucson Mayor and Council or any employee of the City involved in this solicitation process has any financial interest in Offeror’s firm.

The City may disqualify Offeror from further participation in the solicitation process if the City determines that Offeror has an actual or apparent conflict of interest or has engaged in any collusion or anti-competitive practices.

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C.14. LAWS AND ORDINANCES

Bidders are placed on notice that, in addition to applicable provisions of the Tucson City Code (available at www.tucsonaz.gov), all Bids on a contract for public work are subject to the public laws of the State of Arizona applying to contracts for public work and the qualification of Contractors, including licensure requirements. Projects to be funded, in whole or in part, with Federal monies are subject to Federal laws and regulations. The failure of a Bidder to meet all of such requirements shall be cause for rejection of the Bid.

It is the responsibility of the Contract Officer to award City Construction contracts to the lowest responsive and responsible Bidder unless otherwise specified. To ensure that all Contractors are experienced, reasonably equipped and adequately financed to meet their contractual obligations, a determination of responsibility shall be made by the City prior to contract award.

Any particular statutory requirement not set forth herein is no less binding, and its omission from these Instruction to Bidders is not to be construed as a relaxation of any duty imposed by law upon a Bidder or the City for a contract for public work.

No person, firm or corporation shall be allowed to make or submit, more than one Bid for the same Work. A person, firm or corporation who has submitted a subproposal to a Bidder, or who has quoted prices on materials to a Bidder is not thereby disqualified, however, from submitting a subproposal or quoting prices to other Bidders.

The Director of Business Services has the authority to debar or suspend a person from participating in City procurements, in accordance with the Tucson Procurement Code.

C.15. ANNUAL FUNDING APPROVAL

Bidders bid this project with full knowledge that all multi-year projects with the City of Tucson are undertaken with the understanding that subsequent funding is dependent upon Mayor and Council annual funding approval.

C.16. BID SUBMISSION

ALL BIDDERS

In order to be considered, Offeror must, no later than the Offer Submittal Deadline, submit the following documents electronically through the City’s online bidding system, https://procurement.opengov.com/portal/tucson-az:

A. Bid for Construction

1. Provide the price for each item of work in the requested manner in clearly documented figures (typewritten is preferred). All figures and signature by duly authorized representative must be in ink. Changes or corrections must be in ink and initialed in ink by the individual preparing the bid. 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.

B. Signed Offer and Acceptance Form

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C. Bid Security/Bid Bond

D. SBE/DBE Plan (if applicable)

E. Subcontractor Listing

NOTE: THE ENTIRE OFFER MUST BE IN "SUBMITTED" STATUS IN THE CITY’S ONLINE BIDDING

SYSTEM IN ORDER TO BE CONSIDERED. RESPONSES THAT HAVE BEEN CREATED IN THE

SYSTEM, BUT THAT ARE NOT IN "SUBMITTED" STATUS BY THE OFFER SUBMITTAL DEADLINE

WILL NOT BE CONSIDERED.

It is the sole responsibility of the Bidder to submit their Bid before the scheduled time, as reflected in the City’s online bidding system.

If the City has reasonable objection to any proposed Subcontractor at the time of award, it may request that the Apparent Low Bidder submit an acceptable substitute. If the Apparent Low Bidder declines to make any such substitution, then the City may award the Contract to the next lowest Responsive, Responsible Bidder.

APPARENT LOW BIDDER

The Apparent Low Bidder shall submit by 4:00 p.m. local time the 5th full business day following the bid opening:

A. Contractor Responsibility Form

If the Apparent Low Bidder is nonresponsive or nonresponsible and therefore ineligible for award, the City will notify the next Apparent Low Bidder and request the Contractor Responsibility Form to be submitted by 4:00 P.M. local time on the 5th full business day following notice.

C.17. BID OPENING

Bids will be opened and read aloud publicly at the date and time listed in the Notice or modified via Addendum. The As-Read Bid amounts will be made available to Bidders for public inspection within twenty-four (24) hours following bid opening in the Notice section of the Solicitation at https://procurement.opengov.com/portal/tucson-az.

C.18. OFFER AND AWARD OF CONTRACT

A. Notwithstanding any other provision of the Invitation for Bid, the City reserves the right to:

1. waive any immaterial defect, informality, omissions or commissions not involving price, time, or changes in the Work; or

2. withhold the award for any reason deemed in the best interest of the City

3. reject any or all bids, or portions thereof; or

4. reissue an Invitation for Bid.

B. The City may conduct such investigations as deemed necessary to assist in the evaluation of any Bid and to establish the Responsibility of the Offeror including, but not limited to, qualifications and financial ability of Bidders, proposed Subcontractors, suppliers and other

BUSINESS SERVICES DEPARTMENT Page 14 of 56 persons and organizations to perform and furnish the Work in accordance with the Contract Documents.

C. A response to the Invitation for Bid is an offer to contract with the City based upon the terms, conditions, and Specifications contained in the City’s Invitation for Bid. Bids do not become Contracts unless and until they are executed by the City’s Director of Business Services and City Attorney. A Contract has its inception in the award, eliminating a formal signing of a separate Contract. All of the terms and conditions of the Contract are contained in the Invitation for Bid, unless any of the terms and conditions are modified by an IFB Addendum, Contract Addendum, or by mutually agreed terms and conditions in the Contract documents.

D. Mistakes in bids shall be handled in accordance with the Tucson Procurement Code Section 28-17(6).

E. If in the best interests of the City, the award of the contract will be made to the lowest Responsive and Responsible Bidder

If the Contract is to be awarded, the Contract Officer will give the successful Bidder a Notice of Intent to Award within sixty (60) days after the day of the Bid Opening, or within any mutually agreed upon extension of such sixty day time period. The successful Bidder shall sign and file with the City, within five (5) days after Notice of Intent to Award, all documents necessary to the successful execution of the Contract.

C.19. PAYMENT AND PERFORMANCE BONDS

Prior to the execution of the Contract, the successful Bidder will be required to furnish two (2) Bonds, one being the full amount (100%) of the contract price, to be designated the Statutory Performance Bond, conditioned that the Contractor shall fully perform the Contract; and one being in the amount of one hundred percent (100%) of the Contract price, to be designated the Statutory Payment Bond, conditioned that the Contractor shall pay for all labor and materials used or contracted for in the performance of the Contract. Such Bonds shall be secured by a surety company authorized to do business in the State of Arizona and acceptable to the City. Surety company agents furnishing Performance or Payment Bonds must file with the Procurement Department a document signed by an authorized officer of the surety company certifying that in the event the agent’s Power of Attorney is revoked, the company will give the Procurement Department direct notice thereof in writing and that such Power of Attorney will remain in full force and effect until such direct notice is given.

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

Additional information can be found in the General Terms and Conditions for Construction, Payment and Performance Bond.

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C.20. WITHDRAWAL OF SUBMITTAL; BINDING OFFER

By submitting an Offer in response to this Solicitation, Offeror is offering to enter into the Contract with the City. Offeror may withdraw a submitted Offer at any time prior to the Offer Submittal Deadline.

Telephonic or oral withdrawals are not effective.

Offeror cannot withdraw an Offer that is in “submitted” status as of the Offer Submittal Deadline unless the Director of the Business Services Department consents in writing to the withdrawal. The Offer will be irrevocable for 60 days after the Offer Submittal Deadline.

C.21. PROTESTS

Any interested party, may, in accordance with Article IX of the Tucson Procurement Code, protest either this solicitation or the award of a Contract under this solicitation. A protest based on alleged improprieties in this solicitation must be filed no later than five (5) working days before the Proposal Submittal Deadline. A protest of a proposed or actual award must be filed no later than ten (10) calendar days after the City issues a Notice of Intent to Award or, if no Notice of Intent to Award is issued, after the City issues a Notice of Award.

A protest must be made in writing and filed with the Contract Officer. It must include:

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

B. The signature of the protestant or its representative;

C. The solicitation or Contract number;

D. A detailed statement of the legal and factual grounds for the protest along with copies of all relevant documents; and

E. The form of relief requested.

C.22. VENDOR REGISTRATION; BUSINESS LICENSE

In order to be eligible for award of a Contract, Offeror must:

A. Register with the City’s Business Services Department. Registration can be completed at http://www.tucsonprocurement.com/ by clicking on Vendors, Registration for Purchase Orders and Registration for Notification of Solicitations. Please note that email notifications of newly published solicitations and addenda will be provided to those vendors that select email as their preferred delivery method in their vendor record.

B. Obtain a City of Tucson Business License or a written determination from the City's Business License Section that a license is not required. Application for a City Business License can be completed at http://www.tucsonaz.gov/etax. For questions contact the City's Business License Section at (520) 791-4566 or email at tax-license@tucsonaz.gov.

C.23. ARIZONA CONTRACTOR'S LICENSE

The Contractor must have the appropriate license issued by the State of Arizona Registrar of Contractors in order to bid and maintain same through the duration of the project. Failure to have the

BUSINESS SERVICES DEPARTMENT Page 16 of 56 appropriate license at the time of bid opening may result in rejection of the bid without further recourse and award of the contract to the next low responsive, responsible bidder.

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D. SCOPE OF WORK

D.1. DESCRIPTION OF WORK

A. The work to be performed for this contract includes, but is not necessarily limited to, surveying, Cell 4B excavation, subgrade preparation, stormwater channel construction and riprap placement.

B. Upon completion of subgrade preparation and prior to the placement of the operations layer, the Contractor must provide the necessary time on the project schedule for the geosynthetic material installer to construct all geosynthetic components of the base lining system.

C. The Contractor must supply all equipment and personnel required to offload and store all geosynthetic materials delivered to the site in preparation for installation. This will be incidental to the project.

D. All work must be carried out and maintained per the Drawings and Specifications subject to the approval of the Design Engineer and Quality Assurance/Quality Control consultant.

E. Work will be commenced as provided in the Notice to Proceed and must be completed by the Contractor in 180 consecutive calendar days. If the Bidder believes that the number of days listed is not sufficient, you must notify the Contract Officer in writing, at least ten (10) days prior to Bid Opening, of the number of additional days your company would require to complete the work. Any and all requests will be reviewed by the City. If the City determines that additional days should be allowed, an addendum will be issued stating the new number of calendar days required to complete the work.

D.2. CONTRACTOR'S WORK SCOPE

A. The Contractor will furnish all labor, materials, tools, equipment, supervision, transportation and installation services required to complete the excavation, earth fills, channel and road development and other construction described in these Specifications and the following Drawings;

1. Construction Plans for the Cell 4B Liner, Los Reales Landfill, Tucson, Arizona, sealed by Michael P. Bradford, P.E., SCS Engineers (attached to this solicitation)

2. Construction Quality Assurance Plan, Los Reales Landfill Cell 4B, by SCS Engineers, September 2022 (attached to this solicitation)

B. Unless otherwise specified in these specifications or the above-referenced drawings, all work must be performed in conformance with the requirements of the Standard Specifications for Public Improvements, Pima Association of Governments (PAG), latest edition.

C. The aforementioned documents must be used in preparing Bids and are available as attachments to this solicitation. The City does not assume responsibility for error or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

D. The Bidding Documents are property of the City and are for the purpose of obtaining Bids and do not confer a license or grant for any other use.

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E. Upon completion of the project, the Contractor must submit a log detailing the equipment used on site and the total number of hours each piece of equipment was used on site.

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E. SPECIAL TERMS AND CONDITIONS

E.1. (ADA) AMERICANS WITH DISABILITIES ACT

The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (Public Law 101-336, 42 U.S.C. 12101-12213, 47 U.S.C. 225 and 611, and all regulations pertaining thereto), and the Arizonans with Disabilities Act of 1992 (A.R.S. 41-1492 et seq., and all regulations pertaining thereto).

E.2. ASSIGNMENT OF CONTRACT

No assignment by the Contractor of any Contract to be entered into hereunder, or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the City unless such assignment has had the prior approval of the City and the sureties have been given due notice of such assignment in writing and have consented thereto in writing.

E.3. BID SURETY

Bidders/Offerors shall furnish, with their bid/offer, a bid surety in the amount of ten (10)% of their total bid/offer. This may be in the form of a bid bond, certified check, cashier’s check, letter of credit from a bank, certificate of deposit, money order or an annual bid and performance bond. When filing with the City, an annual bid and performance bond shall be in an amount no less than N/A. Checks provided as surety will be deposited by the City. Refunds will be made to any unsuccessful bidders/offerors upon determination of award.

E.4. CHILD/SWEAT-FREE LABOR POLICY

The Contractor shall comply with all applicable provisions of the United States Federal and State Child Labor and Worker's Right laws and agrees if called upon to affirm in writing, that they, and any subcontractor involved in the provision of goods to the City, are in compliance.

E.5. CONSTITUENT CLAIMS LANGUAGE

With regard to claims arising out of or related to this contract that are filed against the Contractor, the Contractor or Contractor’s representative is required to provide notice to the City’s Business Services Department - Procurement Division and Risk Manager within 60 calendar days following the date of the receipt by the Contractor of such claim. The notice to the City must include the following information:

(1) the date of the incident or occurrence that is the basis of the claim; (2) the damages identified in the claim; (3) the date of the Contractor’s written response to the claim; and (4) a copy of Contractor’s written response to the claim. Notification shall be deemed sufficient if given by (a) registered or certified mail, postage prepaid, return receipt requested, (b) private courier service, or (c) facsimile addressed to the respective addresses of the parties as first above written or at such other addresses as the respective parties may designate by like notice from time to time.

City of Tucson

Business Services Department - Procurement

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255 W. Alameda, 6th floor

Tucson, Arizona 85701

Facsimile: 520-791-4735

City of Tucson

Business Services Department - Risk Management

255 W. Alameda, 5th floor

Tucson, AZ 85701

Facsimile: 520-624-2061

The Contractor acknowledges that the City may use contract performance, including performance of the requirements of this paragraph, in the City’s consideration of future contract awards; and that in connection with future contracting opportunities with the City, Contractor may be required to provide documentation demonstrating compliance with this paragraph.

E.6. FEDERAL IMMIGRATION LAWS AND REGULATIONS

Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23-214(A) and that it requires the same compliance of all subcontractors under this Contract. Contractor acknowledges that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Contract subject to penalties up to and including termination of this Contract. The City retains the legal right to audit the records of the Contractor and inspect the papers of any employee who works for the Contractor to ensure compliance with this warranty and the Contractor shall assist in any such audit. The Contractor shall include the requirements of this paragraph in each contract with subcontractors under this Contract.

If the Contractor or subcontractor warrants that it has complied with the employment verification provisions prescribed by sections 274(a) and 274(b) of the Federal Immigration and Nationality Act and the E-verify requirements prescribed by A.R.S. § 23-214(A), the Contractor or subcontractor shall be deemed to be in compliance with this provision. The City may request proof of such compliance at any time during the term of this Contract by the Contractor and any subcontractor.

E.7. LIQUIDATED DAMAGES

The City will incur damages if the Contractor fails to complete the work within the specified time or any approved extensions thereof and that the liquidated damages specified herein represent a fair and equitable approximation of the City’s damages.

Liquidated damages shall be in the amount of $500 for each calendar day of delay.

If the Contract is not terminated, the Contractor shall continue performance and be liable to the City for the liquidated damages until the products are delivered or the services performed.

In the event the City exercises its right of termination, the Contractor shall be liable to the City for any excess costs, and in addition, for liquidated damages until such time the City may reasonably obtain delivery or performance of similar supplies or services.

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E.8. PERFORMANCE SURETY

The successful bidder/offeror(s) must furnish a performance surety in the amount of 100% of the awarded Contract amount within ten days after notice of award. The surety will be in the form of a bond, cashier's check, certified check, money order, letter of credit, or certificate of deposit. Personal or company checks are not acceptable unless certified.

E.9. WRITTEN CERTIFICATION PURSUANT TO A.R.S. §35-394

If Contractor engages in for-profit activities and has at least ten full time employees, Contractor certifies that Contractor does not currently, and agrees for the duration of the contract that it will 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 or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. If Contractor becomes aware during the term of the contract that it is not in compliance with the written certification, it must notify the City within five business days after becoming aware of the noncompliance. This Contract will be automatically terminated 180 days after the date of the notice unless Contractor has, before the end of that period, notified the City that the noncompliance has been remedied.

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F. INSURANCE REQUIREMENTS

F.1. The Contractor agrees to:

A. Obtain insurance coverage of the types and amount required in this section and keep such insurance coverage in force throughout the life of this contract. All policies will contain an endorsement providing that written notice be given to the City at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy.

B. The Commercial General Liability, Commercial Automobile Liability and umbrella policies where applicable will include the City as an additional insured with respect to liability arising out of the performance of this contract. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. The Contractor agrees that the insurance hereunder will be primary and that any insurance carried by the City will be excess and not contributing.

C. Provide and maintain minimum insurance limits as applicable.

F.2. Commercial General Liability

Policy shall include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability:

Each Occurrence: $1,000,000

General Aggregate: $2,000,000

Products & Completed Operations Aggregate: $2,000,000

Personal and Advertising Injury: $1,000,000

Blanket Contractual Liability: $1,000,000

F.3. Commercial Automobile Liability

Policy shall include Bodily Injury and Property Damage, for any owned, Hired, and/or Non-owned vehicles used in the operation, installation and maintenance of facilities under this agreement.

Combined Single Limit: $1,000,000

F.4. Worker's Compensation (Applicable to the State of Arizona)

Per Occurrence: Statutory

Employer's Liability: $1,000,000

Disease Each Employee: $1,000,000

Disease Policy Limit: $1,000,000

*Sole Proprietor/Independent Contractor designation is given to those who desire to waive their rights for workers’ compensation coverage and benefits as outlined in ARS§ 23-901 and specifically ARS §

BUSINESS SERVICES DEPARTMENT Page 23 of 56

23-961 (O). If applicable, please request the Sole Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation.

F.5. Pollution Legal Liability

Each Claim: $3,000,000

Annual Aggregate: $6,000,000

Coverage must include pollution losses arising out of completed operations and must apply to all locations utilized for the acceptance, disposal and storage of hazardous waste materials. The policy shall include bodily injury, property and physical damage (including damage to soil, surface water, ground water, plant or animal life) resulting from the loss of use and, cleanup cost. Coverage shall also include sickness, disease, mental anguish, shock, death and medical monitoring cost. Coverage shall include defense cost, charges and expenses incurred in the investigation or defense of claims for compensatory damages.

F.6. Claims Made Insurance Coverage

If any or part of the required insurance is written on a claims-made basis, any policy retroactive date must precede the date of the contract and the Contractor must maintain such coverage for a period not less than three (3) years following contract expiration, termination or cancellation.

F.7. Additional Insurance Requirements

All Policies, excluding Employment Practices Liability and Professional Liability (Errors & Omissions), shall include or be endorsed to include the following provisions:

A. A waiver of subrogation endorsement in favor of the City of Tucson, for losses arising from work performed by or on behalf of the Contractor (Including Worker’s Compensation).

B. The insurance afforded the contractor shall be primary insurance and that any insurance carried by the City of Tucson and its agents, officials or employees shall be excess and not contributory.

C. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract.

F.8. Notice of Coverage Modifications

Any changes…