Well_10__Well_11___Well_12_-_MCC_Replacement_(Addendum__1_Revision).pdf

CITY OF AVONDALE

PUBLIC WORKS DEPARTMENT

INVITATION FOR BIDS

FOR

WELL 10, WELL 11 & WELL 12 - MCC REPLACEMENT

SOLICITATION INFORMATION AND SCHEDULE

Release Date September 9, 2026

Advertisement Date September 9, 2026 - SW Valley Republic

Advertisement Date September 10th, 2026 & September 17th, 2026 - AZ Business Gazette

Prospective Bidders' Conference

(Non-Mandatory)

September 29, 2026, 1:00pm

Pre-Bid Teams Meeting

Final Date for Inquiries October 7, 2026, 5:00pm

Substitution Request Submission

Deadline

Submit the written Substitution/Equal

Request (attached form) to the Procurement

Administrator via email at least 10 days before the Bid Deadline.

Bid Deadline October 15, 2026, 5:00pm

Bid Opening Teams Meeting

Procurement Administrator Laura Robinson

(larobinson@avondaleaz.gov, 623-333-2046)

* The City of Avondale reserves the right to amend the solicitation schedule as necessary.

https://teams.microsoft.com/meet/221871241891236?p=zuICSHgvmYwt5Ut5pn https://teams.microsoft.com/meet/292037297524680?p=ABFL11sd9spSrKjHyz

IFB PW 27-010

INVITATION FOR BID

WELL 10, WELL 11 & WELL 12 - MCC REPLACEMENT

I. Article I - Definitions

II. Article II - Bid Process; Bid Award

III. Article III - General Terms and Conditions

IV. Technical Specifications and Project Plans

V. Vendor Questionnaire

Attachments:

A - Substitution/Equal Request Form

B - Bid Bond

C - Payment Bond

D - Performance Bond

E - Artificial Intelligence Use Policy

F - U0479- Wells 10,11,12 electrical equipment upgrade (100% Design Plans)

G - U0479- Wells 10,11,12 electrical equipment upgrade Vol 1of1 (100%- Final Design Specs)

H - U0479- Wells 10,11,12 electrical equipment upgrade - 100% Design Report

I - U0479- Wells 10,11,12 electrical equipment upgrade - BID TAB

1146176.5

PART 1 ARTICLE I - DEFINITIONS

For purposes of this Invitation for Bids, the following definitions shall apply:

1.1 “Bid” or “Offer” means a responsive bid or quotation submitted by a Bidder in response to this

Invitation for Bids.

1.2 “Bid Deadline” means the date and time set forth on the cover of this IFB for the City Clerk to be in actual possession of the sealed Bids.

1.3 “Bid Opening” means the date and time set forth on the cover of this Invitation for Bids for opening of sealed Bids.

1.4 “Bidder” means any person or firm submitting a competitive Bid in response to this IFB.

1.5 “City” means the City of Avondale, an Arizona municipal corporation.

1.6 “City Representative” means the City employee who has specifically been designated to act as a contact person to the City’s Procurement Administrator, and who is responsible for monitoring and overseeing the Contractor’s performance under this Contract and for providing information regarding details pertaining to the Work.

1.7 “Confidential Information” means that portion of a Bid, proposal, Offer, Specification or protest that contains information that the person submitting the information believes should be withheld, provided (i) such person submits a written statement advising the City of this fact at the time of the submission and (ii) the information is so identified wherever it appears.

1.8 “Contract” means, collectively, (i) the executed Offer/Bid, (ii) the executed Acknowledgment of Plans and Specifications, (iii) this IFB, including all completed exhibits, (iv) the Notice of Award, (v) the Notice to Proceed or Purchase Order(s), (vi) any approved Addendum, Change Order or Amendment, (vii) the

Contractor’s Certificates of Insurance and a copy of the Declarations Page(s) of the insurance policies, (viii) the Certificate of Completion and (ix) any Plans, Specifications, Reference Documents or other documents attached, appended or incorporated herein by reference. Alternate or optional bid items will become part of this Contract only if they are accepted by the City in writing on the Price Sheet.

1.9 “Contractor” means the individual, partnership, corporation or limited liability company who has submitted a Bid in response to this IFB and who, as a result of the competitive bidding process, is awarded a contract for Materials or Services by the City.

1.10 “Contract Time” means the time period during which the Contractor must complete all of the Work related to the Project.

1.11 “Day(s)” means calendar day(s) unless otherwise specified.

1.12 “Engineer” means the City Engineer or authorized designee.

1.13 “Final Completion” shall be defined as set forth in Article III, within the "Final Completion" section of this IFB and shall occur not later than 30 Days from the date of Substantial Completion unless otherwise designated by the Engineer and subject to modification by changes in the Work as provided in the section within Article III of this IFB entitled "Changes in the Work".

1.14 “Invitation for Bids” or “IFB” means this request by the City for participation in the competitive bidding process according to all documents, including those attached or incorporated herein by reference, utilized for soliciting Bids for the Materials and/or Services in compliance with the City’s Procurement

Code.

1.15 “MAG Specifications” means, collectively, the “Uniform Standard Specifications for Public Works

Construction,” current edition as of the date of Contract award and the “Uniform Standard Details for Public

Works Construction,” current edition as of the date of Contract award, which are sponsored and distributed by the Maricopa Association of Governments (“MAG”) and any amendments or supplements adopted by the City.

1.16 “MAG Supplement” means the City of Avondale Supplement to the MAG Uniform Standard

Specifications and Details for Public Works Construction, dated June, 2018.

1.17 “Materials” means any personal property, including equipment, materials, replacements and supplies provided by the Contractor in conjunction with this Contract and shall include, in addition to Materials incorporated in the Project, equipment and other material used and/or consumed in the performance of the

Work.

1.18 “Multiple Award” means an award of an indefinite quantity contract for one or more similar products, commodities or Services to more than one Bidder.

1.19 “Plans” means drawings relating to the Project, prepared by or on behalf of the City, bearing the seal of the professional who is responsible for their preparation.

1.20 “Price” means the total expenditure for the defined Project, inclusive of all Materials, commodities or Services.

1.21 “Procurement Administrator” means a City employee, as designated on the cover of this IFB, who has specifically been designated to act as a contact person to the Bidders and/or Contractor relating to their

IFB.

1.22 “Procurement Agent” means the City Manager or authorized designee.

1.23 “Procurement Code” means the City’s Procurement Code, as amended from time to time.

1.24 “Project” means the purpose and Work described as set forth in Article II of this IFB within the

“Purpose/Scope of Work” section.

1.25 “Punch List” means that list of items provided by City to Contractor at the time of Substantial

Completion indicating items to be completed or corrected, including the time for completion or correction by Contractor after Substantial Completion.

1.26 “Reference Documents” means information provided by the City relating to the Project that must be evaluated by the Contractor and incorporated into its Bid.

1.27 “Services” means the furnishing of labor, time or effort by a Contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance and as further defined in this Contract. This term does not include “professional and technical services” as defined in the Procurement Code.

1.28 “Specification” means any description of the physical characteristics, functional characteristics, or the nature of a commodity, product, supply or Services. The term may include a description of any requirements for inspecting, testing, or preparing a supply or service item for delivery.

1.29 “Subcontractor” means those persons or groups of persons having a direct contract with the

Contractor to perform a portion of the Work and those who furnish Materials according to the plans and/or

Specifications required by this Contract.

1.30 “Substantial Completion” shall be defined as set forth in Article III, Subsection titled "Substantial

Completion" and shall occur not later than the date set forth in the Schedule, subject to modification by changes in the Work as provided in Article III of this IFB within the section titled "Changes in the Work".

1.31 “Substitutions” means Contractor’s proposed changes in products, materials, equipment and methods of construction from those required by the Contract Documents.

1.32 “Substitutions for Cause” means changes proposed by Contractor that are required due to changed product conditions, such as unavailability of product, regulatory changes, or unavailability of required warranty terms.

1.33 “Substitutions for Convenience” means changes proposed by Contractor or City that are not required in order to meet other Project requirements, but which may offer advantage to Contractor or City.

1.34 “Vendor” means any firms, entities or individuals desiring to prepare a responsive Bid in response to this Invitation for Bids.

1.35 “Work” means all labor, Materials and equipment incorporated or to be incorporated in the Project that are necessary to accomplish the construction required by this Contract.

PART 2 ARTICLE II - BID PROCESS; BID AWARD

2.1 Purpose/Scope of Work

The Work included in this Project consists of Demolition of the existing soft starter/MCC section that powers the existing 200 HP Well pump at Well sites 10, 11, and 12 each. Provide new standalone Reduced

Voltage Soft Starter (RVSS) for existing 200 HP well pump at Well site, 10, 11, and 12 each as indicated on Drawings. Provide required cable and conduit to complete the installation of the new soft starter, and commissioning of the Work.. The City is issuing this IFB to secure a qualified and licensed Specialty

Contractor C-11 Contractor to perform the Work and provide Materials as more particularly described in the Specifications attached to this IFB, and incorporated herein by reference. Bidders must submit Bids encompassing the entire Project, inclusive of the related Plans, Specifications, related construction drawings and Reference Documents. Failure to do so may result in a determination that the Bid is non-responsive.

Site Location: Well 10 - 12105 West Thomas Rd. Avondale AZ Well 11 - 12139 West Cambridge Lane, Avondale, AZ Well 12 - 2316 North 123rd Lane, Avondale, AZ.

2.2 Amendment of IFB

Except as set forth in Article III of this IFB in the section titled "Contract Amendments", no alteration may be made to this IFB or the resultant Contract without the express, written approval of the City in the form of an official IFB addendum or Contract amendment. Any attempt to alter this IFB/Contract without such approval is a violation of this IFB/Contract and the City Procurement Code. Any such action is subject to the legal and contractual remedies available to the City including, but not limited to, Contract cancellation and suspension and/or debarment of the Bidder or Contractor.

2.3 Preparation/Submission of Bid

Bidders are invited to participate in the competitive bidding process for the Project specified in this IFB.

Bidders shall review their Bid submissions to ensure the following requirements are met.

A. Irregular/Non-responsive Bids. The City will consider as “irregular” or “non-responsive” and shall reject any Bid not prepared and submitted in accordance with the IFB and Specifications, or any

Bid lacking sufficient information to enable the City to make a reasonable determination of compliance with the Specifications. Unauthorized or unreasonable exceptions, conditions, limitations, or provisions shall be cause for rejection. Bids may be deemed non-responsive at any time during the evaluation process if, in the sole opinion of the Procurement Agent, any of the following are true:

1. Bidder does not meet the minimum required skill, experience or requirements to perform the

Work or provide the Materials.

2. Bidder has a past record of failing to fully perform or fulfill contractual obligations.

3. Bidder cannot demonstrate financial stability.

4. Bid submission contains false, inaccurate or misleading statements that, in the opinion of the

Procurement Agent, are intended to mislead the City in its evaluation of the Bid.

B. Specification Minimums. Bidders are reminded that the Specifications in this IFB are the minimum levels required and that Bids submitted must be for products that meet or exceed the minimum level of all features specifically listed in this IFB. Bids offering less than the minimums specified will be deemed not responsive. It shall be the Bidder’s responsibility to carefully examine each item listed in the Specifications.

C. Required Submittal. Bidders shall complete all required portions of the Vendor Questionnaire and providing all requested and required information in order to be considered responsive.

D. Bidder Responsibilities. All Bidders shall (1) examine the entire Bid package, (2) seek clarification of any item or requirement that may not be clear, (3) check all responses for accuracy before submitting a Bid and (4) submit the entire completed Bid package, in accordance with the submittal requirements stated above, by the official Bid Deadline. Late Bids shall not be considered. Bids not submitted through the City's OpenGov portal shall not be considered. Negligence in preparing a

Bid shall not be good cause for withdrawal after the Bid Deadline.

E. Sealed Bids. All Bids shall be submitted electronically through the City's OpenGov portal located at: https://procurement.opengov.com/portal/avondaleaz

F. Bid Forms. All Bids shall be on the forms provided in this IFB. It is permissible to copy these forms if required. Telegraphic (facsimile), electronic (email) or mailgram Bids will not be considered.

https://procurement.opengov.com/portal/avondaleaz

G. Modifications. Erasures, interlineations, or other modifications in the Bid shall be initialed in original ink by the authorized person signing the Bid.

H. Withdrawal. At any time prior to the specified Bid Opening, a Bidder (or designated representative) may amend or withdraw its Bid. Facsimile, electronic (email) or mailgram Bid amendments or withdrawals will not be considered. No Bid shall be altered, amended or withdrawn after the specified Bid Deadline, unless otherwise permitted pursuant to the City Procurement Code.

I. Use of Artificial Intelligence. Bidders must comply with the exhibit titled Artificial Intelligence

Use Policy when developing, submitting, or performing any work under this solicitation and any resulting contract. This includes, but is not limited to, disclosing any use of AI tools or systems in bid preparation, evaluation support, or contract performance; ensuring that any AI-generated content is accurate, verifiable, and free from bias; and maintaining appropriate human oversight of

AI-assisted activities. Failure to comply with this policy may result in rejection of the proposal or termination of the contract.

2.4 Inquiries; Interpretation of Plans, Specifications and Drawings

A. Inquiries. Any question related to the IFB, including any part of the Plans, Specifications, Scope of Work or other Contract Documents, shall be directed to the Question & Answer section of the

City's OpenGov portal. Verbal or telephone inquiries directed to City staff will not be answered.

Within five (5) business days following the Final Date for Inquiries in the Timeline of this IFB, answers to questions received will be provided on the City's OpenGov portal. The City will not respond to any inquiries submitted later than the Final Date and Time for Inquiries. Any interpretations or corrections of the proposed Contract Documents will be made only by addenda duly approved and issued by the City. The City will not be responsible for any other explanations or interpretations of the Contract Documents.

B. Addenda. It shall be the Bidder’s responsibility to check for addenda issued to this IFB. Any addendum issued by the City with respect to this IFB will be available on the City's OpenGov portal.

C. Approval of Substitutions. The Materials, products, and equipment described in this IFB establish a standard or required function, dimension, appearance and quality to be met by any proposed substitution. No substitute will be considered unless written Substitution/Equal Request in the form, has been received by the City Representative at least 10 Days prior to the Bid Deadline. Each such request shall include the name of the Material or equipment for which it is to be substituted and a complete description of the proposed substitute, including any drawings, performance and test data and any other information necessary for evaluation of the substitute. If a substitute is approved, the approval shall be by written addendum to the IFB. Bidder shall not rely upon approvals made in any other manner.

D. Use of Equals. When the Specifications for materials, articles, products and equipment include the phrase “or equal,” Bidder may bid upon and use materials, articles, products and equipment that will perform equally the requirements imposed by the general design. The Engineer will have the final approval of all materials, articles, products and equipment proposed to be used as an “equal.”

No such “equal” shall be purchased or installed without prior, written approval from the Engineer.

No “equal” will be considered unless a written Substitution/Equal Request, using the supplied form, has been received by the City Representative at least 10 Days prior to the Bid Deadline. The request shall include the name of the material or equipment for which the item is sought to be considered an equal and a complete description of the proposed equal including any drawings, cuts, performance and test data and any other information necessary for evaluation of the equal. All approval of equals shall be issued in the form of written addendum or amendment, as applicable, to this IFB or the Contract.

E. Bid Quantities. It is expressly understood and agreed by the parties hereto that the quantities of the various classes of Services and/or Materials to be furnished under this Contract, which have been estimated as stated in the Bidders’ Offer, are only approximate and are to be used solely for the purpose of comparing, on a consistent basis, the Bidders’ Offers presented for the Work under this

Contract. The selected Contractor agrees that the City shall not be held responsible if any of the quantities shall be found to be incorrect and the Contractor will not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of Services and/or Materials as estimated and the Services and/or Materials actually provided. Contractor is responsible for ensuring that all Materials contained in the Plans for the project are bid in the pricing table. Contractor shall bring any potential discrepancy between the Plans and the pricing table to the City’s attention, either at the Prospective Bidders’ Conference or by written inquiry, as set forth in "Inquiries; Interpretations of Plans, Specifications and Drawings". If any error, omission or misstatement is found to occur, the same shall not (1) invalidate this Contract or the whole or any part of the Scope of Work, (2) excuse Contractor from any of the obligations or liabilities hereunder or (3) entitle Contractor to any damage or compensation except as may be provided in this Contract.

2.5 Prospective Bidders' Conference

A Prospective Bidders’ Conference may be held. If scheduled, the date and time of the Prospective Bidders’

Conference will be indicated in the timeline of this IFB. The Prospective Bidders’ Conference may be designated as mandatory or non-mandatory in the timeline of this IFB. Bids shall not be accepted from

Bidders who do not attend a mandatory Prospective Bidders’ Conference. Bidders are strongly encouraged to attend those Prospective Bidder’s Conferences designated as non-mandatory. The purpose of the

Prospective Bidders’ Conference will be to clarify the contents of the IFB in order to prevent any misunderstanding of the City’s requirements. Any doubt as to the requirements of this IFB or any apparent omission or discrepancy should be presented to the City at the Prospective Bidders’ Conference. The City will then determine if any action is necessary and may issue a written amendment or addendum to the IFB.

Oral statements or instructions will not constitute an amendment or addendum to the IFB.

2.6 New Materials

All Materials to be provided by the Contractor and included in the Bid shall be new, unless otherwise stated in the Specifications.

2.7 Prices

Work shall be performed at the unit prices as set forth in the electronic pricing table on the City's OpenGov portal and incorporated herein by reference. Bid prices shall be submitted on a per unit basis by line item, when applicable. Transaction privilege tax, sales tax and use tax should be entered as a separate line. In the event of a disparity between the unit price and extended price, the unit price shall prevail. NOTE: All unit prices must be filled in. Unless a "No Bid" option has been provided and selected, empty or unfilled spaces for pricing shall result in a determination that a Bid is non-responsive.

2.8 Payment; Discounts

Any Bid that requires payment in less than 30 Days shall not be considered. Payment discounts of 30 Days or less will not be deducted from the Bid Price in determining the low Bid. The City shall be entitled to take advantage of any payment discount offered, provided payment is made within the discount period.

Payment discounts shall be indicated on Price Sheet.

2.9 Taxes

The City is exempt from Federal Excise Tax, including the Federal Transportation Tax. Please be advised that ARIZ. REV. STAT. § 42-5075(P) applies to the Project contemplated within this Contract. Transaction privilege tax, sales tax and use tax, if any, shall be entered as a separate line. It shall not be considered a lump sum payment item. Bidder should not include tax on any allowances. It is the sole responsibility of the Bidder to determine any applicable tax rates and calculate the tax accordingly. Failure to accurately tabulate any applicable taxes may result in a determination that a Bid is non-responsive. The Bidder shall not rely on, and shall independently verify, any tax information provided by the City.

2.10 Federal Funding

It is the responsibility of the Bidder to verify and comply with federal requirements that may apply to the

Work (the “Federal Requirements”). It is also the responsibility of the Bidder to incorporate any necessary amounts in the Bid to accommodate for required federal record-keeping, necessary pay structures or other matters related to the Federal Requirements. Federal Requirements, if any, shall be attached to this IFB. In addition to any applicable Federal Requirements, this procurement is subject to a number of state and City regulations. In general, where these rules conflict, the more stringent law or rule applies.

2.11 Cost of Bid/Proposal Preparation

Bids submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The City does not reimburse the cost of developing, presenting or providing any response to this solicitation; the Bidder is responsible for all costs incurred in responding to this IFB. All materials and documents submitted in response to this IFB become the property of the City and will not be returned.

2.12 Public Record

All Bids shall become the property of the City. After Contract award, Bids shall become public records and shall be available for public inspection in accordance with the City’s Procurement Code, except that any portion of a Bid that was designated as confidential pursuant to the "Confidential Information" Section of this IFB shall remain confidential from and after the time of Bid opening to the extent permitted by Arizona law.

2.13 Confidential Information

If a Vendor/Bidder believes that a Bid, Specification, or protest contains information that should be withheld from the public record, a statement advising the Procurement Agent of this fact shall accompany the submission and the information shall be clearly identified. The information identified by the Vendor or

Bidder as confidential shall not be disclosed until the Procurement Agent makes a written determination.

The Procurement Agent shall review the statement and information with the City Attorney and shall determine in writing whether the information shall be withheld. If the City Attorney determines that it is proper to disclose the information, the Procurement Agent shall inform the Vendor or Bidder in writing of such determination.

2.14 Vendor Licensing and Registration

Prior to the award of the Contract, the successful Bidder shall (A) be registered with the Arizona

Corporation Commission and authorized to do business in Arizona and (B) have a completed Vendor

Registration Packet on file with the City Finance and Budget Department. Bidders shall provide license and certification information with the Bid. Upon the City’s request, corporations and limited liability companies shall provide Certificates of Good Standing from the Arizona Corporation Commission.

2.15 Bidder Qualifications

A. Experience and References. Bidder must demonstrate successful completion of at least three similar projects within the past 60 months. Ideally, one of which must have a contract value of at least 75% of the total bid for this Project. Total bid price does not include any City allowances identified. For the purpose of this Solicitation, “successful completion” means completion of a project within the established schedule and budget and “similar projects” resemble this Project in size, nature and scope. References for these three projects shall be listed in the Vendor

Questionnaire. These references will be checked, and it is Bidder’s responsibility to ensure that all information is accurate and current. Bidder authorizes the City’s representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide.

B. Investigation. The City’s representative may conduct any investigation deemed necessary to determine the Bidder’s ability to perform the Work in accordance with the Contract Documents.

The three lowest Bidders may be requested to submit additional documentation within 72 hours (or as specified) to assist the City in its evaluation.

2.16 Certification

By submitting a Bid, the Bidder certifies:

A. No Collusion. The submission of the Bid did not involve collusion or other anti-competitive practices.

B. No Discrimination. It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246.

C. No Gratuity. It 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 or service to a City employee, officer, agent or elected official in connection with the submitted Bid or a resultant Contract. In the event that the resultant Contract is canceled pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Contractor an amount equal to 150% of the gratuity.

D. Financial Stability. It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Contract.

E. No Signature/False Statement. The signature on the Bid and the Vendor Information Form is genuine. Failure to sign the Bid and the Vendor Information Form, or signing either with a false statement, shall void the submitted Bid and any resulting Contract, and the Bidder may be debarred from further bidding in the City.

2.17 Bid Bond

All Vendors desiring to prepare a responsive Bid shall submit a non-revocable bid security payable to the

City in the amount of ten percent (10%) of the total Bid Price. This security shall be in the form of a bid bond, certified check or cashier’s check and must be in the possession of the City Representative by the Bid

Deadline. All bid security from Contractor(s) who have been issued a Notice of Award shall be held until the successful execution of all required Contract Documents and bonds. If the Contractor fails to execute the required contractual documents and bonds within the time specified, or 10 Days after Notice of Award if no period is specified, the Contractor may be found to be in default and this Contract terminated by the

City. In case of default, the City reserves all rights inclusive of, but not limited to, the right to purchase material and/or to complete the Work and to recover any actual excess costs associated with such completion from the Contractor. All bid bonds shall be executed in the form attached to this IFB in the

Vendor Questionnaire, duly executed by the Bidder as Principal and having as Surety thereon a Surety company holding a Certificate of Authority from the Arizona Department of Insurance to transact surety business in the State of Arizona. Individual sureties are unacceptable. All insurers and sureties shall have, at the time of submission of the proposal, an A.M. Best’s Key Rating Guide of “A-” or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. As soon as is practicable after the completion of the evaluation, the City will (A) issue a Notice of Award for those Offers accepted by the City and (B) return all checks or bonds to those Bidders who have not been issued a Notice of Award.

2.18 Award of Contract

A. Multiple Award. The City may, at its sole discretion, accept Bidder’s Offer as part of a Multiple

Award.

B. Evaluation. The evaluation of this Bid will be based on, but not limited to, the following: (1) compliance with Specifications, (2) Price before taxes, including alternates selected by the City, if any, but excluding “as-needed” services requested by the City and (3) Bidder qualifications to perform the Work.

C. Waiver, Rejection, Reissuance. Notwithstanding any other provision of this IFB, the City expressly reserves the right to: (1) waive any immaterial defect or informality, (2) reject any or all Bids or portions thereof and (3) cancel or reissue an IFB.

D. Offer. A Bid is a binding offer to contract with the City based upon the terms, conditions and

Specifications contained in this IFB and the Bidder’s responsive Bid, unless any of the terms, conditions, or Specifications are modified by a written addendum or Contract amendment. Bids become binding Contracts when the Acceptance of Offer and Notice of Award is executed in writing by the City. Bidder Offers shall be valid and irrevocable for 90 Days after the Bid Opening.

E. Protests. Any Bidder may protest this IFB, the proposed award of a Contract, or the actual award of a Contract. All protests will be considered in accordance with the City Procurement Code.

PART 3 ARTICLE III - GENERAL TERMS AND CONDITIONS

PART A - GENERAL

3.1 Reference Standards and Reference Documents

The Contractor shall perform the Work required in conformance with MAG Specifications and the MAG

Supplement, each of which is incorporated herein by reference. In the event of a conflict between the MAG

Specifications and the MAG Supplement, the MAG Supplement shall prevail. The Contractor shall also perform the Work in accordance with the Reference Documents.

3.2 Plans and Specifications to Successful Contractor

The successful Contractor is responsible to download and print Plans and Specifications for this Project available at the following website: https://www.avondaleaz.gov/government/departments/finance-budget/procurement

3.3 Contract Time

The Contract Time for this Project shall be 10 months from the Notice to Proceed. All Work on the

Project shall be completed on or before the expiration of the Contract Time.

3.4 Pre-Construction Conference

Within 30 Days of the issuance of the Notice of Award, the Contractor shall attend a pre-construction conference. The City will contact the Contractor to schedule a specific date, time and location for the pre-construction conference. The purpose of this conference is to outline specific items and procedures and to address items that require special attention on the part of the Contractor. The Contractor may also present proposed variations in procedures that the Contractor believes may (A) improve the Project, (B) reduce cost or (C) reduce inconvenience to the public. Any necessary coordination and procedures for construction inspection and staking will be addressed during the pre-construction conference. The Contractor will be required to provide the following items at, or prior to, the pre-construction conference, each of which is subject to review and approval by the Engineer:

A. Key Personnel; Subcontractors. A list of the names and emergency telephone numbers of all proposed key personnel, Subcontractors and suppliers that the Contractor intends to utilize on the

Project. The term “Key Personnel” means individuals who will be directly assigned to this Project and includes, but is not limited to, the owner, principals, project manager, project superintendent, scheduler, construction engineer and supervisory personnel. At least two of the Bidder’s Key

Personnel must have a minimum of three years’ experience in similar projects (defined above) and the scheduler must have experience in employing scheduling techniques appropriate for this

Project. Resumes of Key Personnel shall be submitted upon request by the City’s representative.

Proposed Subcontractors shall be qualified and have the requisite professional or technical licenses and be licensed to do business in the State of Arizona. The list shall include such information on the professional background of each of the assigned key individuals as may be requested by the

City Representative. Such key personnel and Subcontractors shall be satisfactory to the Engineer and shall not be changed except with the consent of the Engineer. Additionally, the Engineer shall have the right to request that the Contractor personnel and Subcontractors be removed from the

Project if, in the Engineer’s sole discretion, such personnel or Subcontractor(s) are detrimental to the Project delivery process. Upon receipt of such request, the Contractor shall remove such personnel or Subcontractor(s) unless the Contractor can provide the City with sufficient documentation to prove it is commercially impractical to replace the personnel or Subcontractor(s) with substitute personnel possessing similar qualifications. The Engineer’s approval of substituted personnel or Subcontractor(s) shall not be unreasonably withheld.

B. Progress Schedule. A construction progress schedule showing the estimated time for start and completion of the major items of Work.

https://www.avondaleaz.gov/government/departments/finance-budget/procurement https://www.avondaleaz.gov/government/departments/finance-budget/procurement

C. Payment Schedule. A payment schedule showing the estimated dollar volume of Work for each calendar month during the life of the Project.

D. Traffic Control. A written proposal, prepared by an individual who is IMSA or ATSSA certified, outlining the intended plans for traffic control and for maintaining continuous access to residences and businesses along the construction site.

E. Drawings, Materials & Equipment. An itemized list of all required shop drawings, material and equipment submittals and a schedule indicating the dates each of these items will be transmitted to the City for review.

3.5 Notice to Proceed

Within 45 Days of the issuance of the Notice of Award the City may issue a written Notice to Proceed. The

Notice to Proceed shall stipulate the actual Contract start date, the Contract Time and the dates of

Substantial Completion and Final Completion. The time required for the Contractor to obtain permits, licenses and easements shall be included in the Contract Time and shall not be justification for a delay claim by the Contractor. The time required for the Contractor to prepare, transmit and obtain approval of applicable submittals shall be included in the Contract Time and shall not be justification for a delay claim by the Contractor. No Work shall be started until after all required permits, licenses, and easements have been obtained. The Contractor shall notify the Engineer, in writing, at least 72 hours before the following events:

A. Commencement. The start of construction.

B. City Services Shut Down. Shutdown of City water, sewer, drainage, irrigation and/or traffic control facilities.

C. Well or Pump Shut Down. Shutdown of existing water wells and booster pumps. Such shutdown shall not exceed 72 hours of any facility and only one facility may be shutdown at any one time.

D. Water Lines. All draining and filling of water lines and irrigation laterals and all operations of existing valves or gauges. The City will furnish all required water meters; provided however, that the meter provided is only for construction purposes. Any domestic water meter necessary for the

Project shall be included in the Bid.

E. Start-up and Testing. Start-up or testing of any water well or booster pump to be connected to any part of the existing City water system. This includes operation of existing valves necessary to accommodate the water.

3.6 Laws and Regulations

The Contractor shall keep fully informed of all rules, regulations, ordinances, statutes or laws affecting the

Work herein specified, including existing and future (A) City and County ordinances and regulations, (B)

State and Federal laws and (C) Occupational Safety and Health Administration (“OSHA”) standards.

3.7 Affirmative Action Report

It is the policy of the City that suppliers of goods or services to the City adhere to a policy of equal employment opportunity and demonstrate an affirmative effort to recruit, hire, and promote regardless of race, color, religion, gender, national origin, age or disability. On any Contract in excess of six months, the

Contractor shall provide an annual report to the Engineer highlighting its activities to comply with this

Section.

3.8 Rights-of-Way

The Contractor shall obtain a right-of-way permit for any of the Work completed in the public right-of-way. The Contractor will be responsible for any required Maricopa County permits or other agency permits.

The City will provide any necessary easements for Work specified under this Contract, and the Contractor shall not enter or occupy with workers, tools, equipment or materials any private ground outside the property of the City without the written consent of the owner thereof. The Contractor, at its own expense, is responsible for the acquisition of any additional easements or rights-of-way.

3.9 Inspection and Compliance

Each Contractor must inform itself fully of the conditions relating to the construction of the Project and the employment of labor thereon. Failure to do so will not relieve the Contractor of its obligation to furnish all material and labor necessary to carry out the provisions of this Contract. Insofar as possible in carrying out its work, the Contractor must employ such methods or means as will not cause any interruption of or interference with the Work of any other contractor. Contractor affirms that it has inspected the jobsite and has thoroughly reviewed this Contract including, without limitation, the Specifications attached to this

IFB as the same may be revised by the City, and is not relying on any opinions or representations of City.

Contractor agrees to perform and complete such Work in strict accordance with this Contract and under the general direction of the City. Contractor agrees that any exclusions of any Work must be approved in writing by the City prior to acceptance of this Contract or same shall not be excluded hereunder. Contractor shall provide all competent supervision necessary to execute all Work and any Work incidental thereto in a thorough, first-class, workmanlike manner. It is Contractor’s responsibility that all of the Work and any

Work incidental thereto conforms to, and is performed in accordance with, all applicable Federal, State, County and City laws, codes, ordinances, regulations (including National Pollutant Discharge Elimination

System and air pollution standards) and orders of public authorities bearing on performance of the Work.

3.10 Safety Plan

Contractor is responsible for all safety precautions and programs and shall perform the Work in accordance with a safety plan that is compliant with OSHA, American National Standards Institute and National

Institute for Occupational Safety and Health standards. Contractor shall provide all protection and necessary supervision to implement said safety plan. Contractor shall take all reasonable precautions for the safety of and provide reasonable protection to prevent damage, injury or loss to: (A) employees or others on the

Project, (B) the Work and materials and (C) other property at the Project or adjacent thereto. Contractor shall designate a responsible person on the Project whose duty shall be prevention of accidents.

3.11 Traffic Regulations

All traffic affected by the Work under this Contract shall be regulated in accordance with the then-current version of the City of Phoenix-Traffic Barricade Manual (the “Barricade Manual”) which is incorporated herein by reference; provided, however, that this Contract shall govern in a conflict with the terms of the

Barricade Manual. At the time of the pre-construction conference, the Contractor shall designate an employee who is well qualified and experienced in construction traffic control and safety to be responsible for implementing, monitoring and altering traffic control measures, as necessary. At the same time, the City will designate a representative who will be responsible to see that all traffic control and any alterations are implemented and monitored to the extent that traffic is carried through the Work area in an effective manner and that motorists, pedestrians, bicyclists and workers are protected from hazard and accidents.

A. Major Streets. The following shall be considered major streets: All major parkway, mile (section line), arterial and collector (mid-section line and quarter section line) streets so classified by the

City.

B. Traffic Control Devices. All traffic control devices required for the Work under this Contract shall be the responsibility of the Contractor. The Contractor shall place advance warning signs (such as

REDUCE SPEED, LOOSE GRAVEL, 25 MPH SPEED LIMIT and DO NOT PASS) in accordance with the Barricade Manual. The Contractor shall provide, erect and maintain all necessary flashing arrow boards, barricades, suitable and sufficient warning lights, signals and signs and shall take all necessary precautions for the protection of the Work and safety of the public. The Contractor shall provide, erect and maintain acceptable and adequate detour signs at all closures and along detour routes. All barricades and obstructions shall be illuminated at night, and all safety lights shall be illuminated from sunset until sunrise. All barricades and signs used by the Contractor shall conform to the standard design generally accepted for such purposes and payment for all such services and materials shall be considered as included in the other pay items of this Contract.

C. Existing Signs. The Contractor shall ensure that all existing traffic signs are erect, clean and in full view of the intended traffic at all times. Street name signs at major street intersections shall be maintained erect at all times. If these signs should interfere with construction, the Contractor shall notify the Engineer, in writing, at least 48 hours in advance for City personnel to temporarily relocate or cover said signs. The Engineer will direct the Contractor as to the correct positions to re-set all traffic and street name signs to permanent locations when notified by the Contractor that the interfering construction is complete.

D. Manual Traffic Control. Manual traffic control shall be in conformity with the Barricade Manual, except that the designated liaison officer shall be contacted at the Avondale Police Department.

When construction activities or traffic hazards at the construction site require the use of flagmen, it shall be the Contractor’s responsibility to provide trained flagmen to direct traffic safely. When traffic hazards at construction sites warrant the use of certified police personnel to direct traffic, arrangements must be made with the liaison officer at the Avondale Police Department.

E. Contractor Equipment. The assembly and turnarounds of the Contractor’s equipment shall be accomplished using adjacent local streets when possible. Equipment used and/or directed by the

Contractor shall travel with traffic at all times. Supply trucks shall travel with traffic except when being spotted. Contractor shall provide a flagman or off-duty, uniformed Avondale officer to assist with spotting.

F. Traffic Alterations. During construction, it may be necessary to alter traffic control. Any such alterations shall be in accordance with the Barricade Manual. No street within the Project area may be closed to through traffic or to local emergency traffic without prior, written approval of the

Engineer. Written approval may be given if sufficient time exists to allow for notification of the public at least 72 hours in advance of such closing. Partial closure of streets within the Project shall be done in strict conformity with the Barricade Manual and the Engineer’s written directions.

G. Intersections. Caution should be used when excavating near intersections with traffic signal underground cable. Contractor shall notify the Engineer, in writing, 24 hours in advance of any

Work at such intersections. The Contractor shall install and maintain temporary overhead traffic signal cable as specified by the Engineer when underground conduit is to be severed by excavations at intersections. The Contractor shall provide an off-duty, uniformed Avondale police officer to direct traffic while the traffic signal is turned off and the wiring is transferred. All damaged or modified traffic signal overhead and underground items shall be repaired and restored to the

Engineer’s satisfaction. Magnetic detector loops shall, under no circumstances, be spliced.

H. Adjacent Property Access. The Contractor shall maintain access to all businesses, schools and residences along the Project alignment at all times in accordance with the MAG Supplement, Section 107.7.1 (Access).

I. Covered Crossings. Where crossings of existing pavement occurs, no open trenches shall be permitted overnight, but plating may be permitted if conditions allow, as determined by the

Engineer in his sole discretion. If plates cannot be used, crossings shall either be back-filled or the

Contractor shall provide a detour.

3.12 Indemnification

To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an

“Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”) to the extent that such Claims (or actions in respect thereof) are caused by the negligent acts, recklessness or intentional misconduct of the Contractor, its officers, employees, agents, or any tier of subcontractor in connection with Contractor’s work or services in the performance of this

Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section.

3.13 Insurance

A. General.

1. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV.

STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the City. Failure to maintain insurance as specified herein may result in termination of this Contract at the City’s option.

2. No Representation of Coverage Adequacy. By requiring insurance herein, the City does not represent that coverage and limits will be adequate to protect Contractor. The City reserves the right to review any and all of the insurance policies and/or endorsements cited in this Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Contract or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Contract.

3. Additional Insured. All insurance coverage, except Workers’ Compensation insurance and

Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Contract, the City, its agents, representatives, officers, directors, officials and employees as Additional Named Insured as specified under the respective coverage sections of this Contract.

4. Coverage Term. All insurance required herein shall be maintained in full force and effect until all Work…