HomeMy WebLinkAboutC2022-074 - Cactus Asphalt1
Contract No. 2022-074
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
CACTUS TRANSPORT, INC.
D/B/A
CACTUS ASPHALT
THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into
as of March 15, 2022, between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”), and Cactus Transport, Inc., d/b/a Cactus Asphalt, a(n) Arizona corporation (the
“Contractor”).
RECITALS
A. After a competitive procurement process (Solicitation ROQ-175923), Pinal County
(AZ) (the “County”) entered into Contract 175923ROQ, dated June 27, 2018 (the “County
Contract”), for the Contractor to provide JOC Asphalt Maintenance and Repair Service. A copy of
the County Contract is attached hereto as Exhibit A and incorporated herein by reference, to the
extent not inconsistent with this Agreement.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the County Contract, at its discretion and with the agreement of the awarded
Contractor, and the County Contract permits its cooperative use by other public entities, including
the Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the County Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide JOC
Asphalt Maintenance and Repair Service (the “Materials and Services”) and (iii) setting the
maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and
Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are
incorporated herein by reference, the following mutual covenants and conditions, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town
and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and shall remain in full force and effect until March 14, 2023 (the “Initial Term”), unless
terminated as otherwise provided in this Agreement or the County Contract. After the expiration of
the Initial Term, this Agreement may be renewed for up to four successive one-year terms (the
“Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and
2
appropriation of funds for renewal in each subsequent year, (ii) the term of the County Contract has
not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of
this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-
year term and (iv) the Town approves the additional one-year term in writing (including any price
adjustments approved as part of the County Contract), as evidenced by the Town Manager’s
signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s
failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the
then-current term of this Agreement; provided, however, that the Town may, at its discretion and
with the agreement of the Contractor, elect to waive this requirement and renew this Agreement.
The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon
renewal, the terms and conditions of this Agreement shall remain in full force and effect.
2. Scope of Work. Contractor shall provide to the Town the Services under the terms
and conditions of the County Contract and according to the specifications set forth in the
Contractor’s Proposal attached hereto as Exhibit B and incorporated herein by reference.
2.1 Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this
Agreement and/or the State Contract will be held at Contractor’s risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non-
conforming Materials or Services, the Town may elect to do any or all of the following by written
notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring
Materials or Services into compliance and withhold the cost of same from any payments due to the
Contractor.
2.2 Cancellation. The Town reserves the right to cancel any work order within a
reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse the
Contractor, but only for actual and documentable costs incurred by the Contractor due to and after
issuance of the work order. The Town will not reimburse the Contractor for any costs incurred after
receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to issuance
of a work order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation. The Town shall pay Contractor an amount not to exceed $209,473.72
for the Materials and Services at the rates set forth in the County Contract and as more particularly
set forth in Exhibit B. The aggregate amount per renewal term shall not exceed $50,000 in any case
unless the Agreement is affirmed and ratified via an executed amendment. All remaining terms and
conditions of the Agreement shall remain in full force and effect.
4. Payments. The Town shall pay the Contractor monthly (and the Contractor shall
invoice monthly), based upon acceptance and delivery of Materials and/or Services performed and
completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a
reference to this Agreement and the County Contract and (ii) document and itemize all work
completed to date. The invoice statement shall include a record of materials delivered, time
expended, and work performed in sufficient detail to justify payment. Additionally, invoices
submitted without referencing this Agreement and the County Contract will be subject to rejection
and may be returned.
3
5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors’ employees
who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter
referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction
during normal working hours by the Town, to the extent necessary to adequately permit evaluation
of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws
referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in
this Section, Contractor and its subcontractors hereby waive any rights to keep such Records
confidential. For the purpose of evaluating or verifying such actual or claimed costs or units
expended, the Town shall have access to said Records, even if located at its subcontractors’
facilities, from the effective date of this Agreement for the duration of the work and until three years
after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor
and its subcontractors shall provide the Town with adequate and appropriate workspace so that the
Town can conduct audits in compliance with the provisions of this Section. The Town shall give
Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall
require its subcontractors to comply with the provisions of this Section by insertion of the
requirements hereof in any subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401,
the Contractor and its subcontractors warrant compliance with all federal immigration laws and
regulations that relate to their employees and their compliance with the E-verify requirements under
ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such
warranty shall be deemed a material breach of this Agreement and may result in the termination of
this Agreement by the Town.
7. Israel. Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ.
REV. STAT. § 35-393, of Israel.
8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ.
REV. STAT. § 38-511.
9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State
of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County, Arizona.
10. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under
this Agreement are current expenses subject to the “budget law” and the unfettered legislative
discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town
elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be
deemed terminated at the end of the then-current fiscal year term for which such funds were
appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent
obligation under this Agreement. The parties agree that the Town has no obligation or duty of good
faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in
4
any budget in any fiscal year other than the fiscal year in which this Agreement is executed and
delivered. The Town shall be the sole judge and authority in determining the availability of funds
for its obligations under this Agreement. The Town shall keep Contractor informed as to the
availability of funds for this Agreement. The obligation of the Town to make any payment pursuant
to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives
any and all rights to bring any claim against the Town from or relating in any way to the Town's
termination of this Agreement pursuant to this section.
11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, the County Contract, the Proposal, and invoices, the documents shall
govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2
above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of
this Agreement or the County Contract (collectively, the “Unauthorized Conditions”), other than the
Town’s project-specific requirements, are expressly declared void and shall be of no force and
effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized
Conditions or failure to demand full compliance with the terms and conditions set forth in this
Agreement or under the County Contract shall not alter such terms and conditions or relieve
Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the
performance of this Agreement.
12. Rights and Privileges. To the extent provided under the County Contract, the Town
shall be afforded all of the rights and privileges afforded to the State and shall be the “State” (as
defined in the County Contract) for the purposes of the portions of the County Contract that are
incorporated herein by reference.
13. Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to the State to the extent provided under the County Contract, and such
insurance coverage and indemnifications shall inure and apply with equal effect to the Town under
this Agreement including, but not limited to, the Contractor’s obligation to provide the
indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof (the Town 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”), insofar as such Claims (or
actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts,
intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the
Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this
Agreement.
14. Notices and Requests. Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered
or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and
reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
5
16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: Cactus Transport, Inc.
d/b/a Cactus Asphalt
8211 W. Sherman St.
Tolleson, Arizona 85353
Attn: John Flores
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail,
properly addressed, with sufficient postage or (iii) the following business day after being given to a
recognized overnight delivery service, with the person giving the notice paying all required charges
and instructing the delivery service to deliver on the following business day. If a copy of a notice
is also given to a party’s counsel or other recipient, the provisions above governing the date on
which a notice is deemed to have been received by a party shall mean and refer to the date on which
the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed
to have received the notice.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Grady E. Miller, Town Manager
ATTEST:
Elizabeth A. Klein, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Elizabeth Klein (Apr 13, 2022 14:34 PDT)
“Contractor”
____________________________________,
By:
Name:
Title:
Cactus Transport, Inc., d/b/a Cactus Asphalt, a(n) Arizona
Nicole Edmonds (Apr 4, 2022 13:52 PDT)
Nicole Edmonds
Contracts Coordinator
Nicole Edmonds
EXHIBIT A
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
CACTUS TRANSPORT, INC.
D/B/A
CACTUS ASPHALT
[County Contract]
See following pages.
#Item Description
Quantity
Required
Unit of
Measure Unit Price
#1-1 Crack Sealing 1/4 To 1" Width 1 LBS 1.27$
#1-2 Crack Routing 1 LBS 0.24$
#1-3 Crack Vacuum 1 LBS 0.15$
#1-4 Traffic Control - Crack Sealing 1 LBS 0.47$
#2-1 Crack Seal 1" To 2" Utilizing Crack Mastic 1 LBS 3.55$
#2-2 Traffic Control - Crack Mastic 1 LBS 1.03$
#3-1 Asphalt Emulsion Fog Seal SS 1:1 Or CSS 1:1, 1 TON 325.00$
#3-2 Asphalt Emulsion Fog Seal SS 1:1 Or CSS 1:1, 1 TON 223.00$
#3-3 Asphalt Emulsion Fog Seal TRMSS, < 50 TONS 1 TON 589.00$
#3-4 Asphalt Emulsion Fog Seal TRMSS, > 50 TONS 1 TON 549.00$
#3-5 Asphalt Emulsion Fog Seal PASS QB, < 50 TO 1 TON 447.00$
#3-6 Asphalt Emulsion Fog Seal PASS QB, > 50 TO 1 TON 414.00$
#3-7 Asphalt Emulsion Fog Seal CQS-TR, < 50 TON 1 TON 591.00$
#3-8 Asphalt Emulsion Fog Seal CQS-TR, > 50 TON 1 TON 566.00$
#3-9 Asphalt Emulsion Fog Seal CQS-LM, < 50 TON 1 TON 609.00$
#3-10 Asphalt Emulsion Fog Seal CQS-LM, > 50 TON 1 TON 583.00$
#3-11 Asphalt Emulsion Fog Seal TR-Fog, < 50 TONS 1 TON 457.00$
#3-12 Asphalt Emulsion Fog Seal TR-Fog, > 50 TONS 1 TON 435.00$
#3-13 Fog Seal Binder - Haul and Apply Services 1 TON 233.00$
#3-14 Traffic Control - Fog Seal (Based on Binder TO 1 TON 138.00$
#3-15 PMM Seal Coat 1 SY 0.60$
#3-16 MTR Seal Coat 1 SY 0.33$
#3-17 Seal Coat Binder - Haul and Apply Services 1 TON 569.00$
#3-18 Traffic Control - Seal Coat (Based on Binder TO 1 TON 222.00$
#4-1 Chip Seal Binder: AC15-5TR, < 100 TONS 1 TON 708.00$
#4-2 Chip Seal Binder: AC15-5TR, > 100 TONS 1 TON 691.00$
#4-3 Chip Seal Binder: MC-800 TR, < 100 TONS 1 TON 724.00$
#4-4 Chip Seal Binder: MC-800 TR, > 100 TONS 1 TON 707.00$
#4-5 Chip Seal Binder: Asphalt Rubber (PG 64-16, 1 1 TON 671.00$
#4-6 Chip Seal Binder: Asphalt Rubber (PG 64-16, 1 1 TON 486.00$
#4-7 Chip Seal Binder: Asphalt Rubber (PG 58-22, 1 1 TON 671.00$
#4-8 Chip Seal Binder: Asphalt Rubber (PG 58-22, 1 1 TON 486.00$
#4-9 Chip Seal Binder: RAB (Rubberized Asphalt Bin 1 TON 739.00$
#4-10 Chip Seal Binder: RAB (Rubberized Asphalt Bin 1 TON 554.00$
#4-11 Chip Seal Binder: Polymer Modified Asphalt Ru 1 TON 761.00$
#4-12 Chip Seal Binder: Polymer Modified Asphalt Ru 1 TON 576.00$
#4-13 Chip Seal Binder: Polymer Modified Asphalt Ru 1 TON 761.00$
#4-14 Chip Seal Binder: Polymer Modified Asphalt Ru 1 TON 576.00$
#4-15 Chip Seal Binder: CRS-TR, < 100 TONS 1 TON 579.00$
#4-16 Chip Seal Binder: CRS-TR, > 100 TONS 1 TON 566.00$
#4-17 Chip Seal Binder: CRS-2P, < 100 TONS 1 TON 513.00$
#4-18 Chip Seal Binder: CRS-2P, > 100 TONS 1 TON 500.00$
#4-19 Chip Seal Binder - Haul & Apply Services 1 TON 102.00$
#4-20 Scrub Seal Binder: Rubberized Asphalt Scrub S 1 TON 810.00$
#4-21 Scrub Seal Binder: Rubberized Asphalt Scrub S 1 TON 626.00$
#4-22 Scrub Seal Binder - Haul & Apply Services 1 TON 269.00$
Cactus Asphalt
#4-23 Chip Seal Aggregate - HVT Pre-Coated 1 TON 103.00$
#4-24 Chip Seal Aggregate - LVT Pre-Coated 1 TON 103.00$
#4-25 Chip Seal Aggregate - HVT Non-Coated 1 TON 83.50$
#4-26 Chip Seal Aggregate - LVT Non-Coated 1 TON 83.50$
#4-27 Scrub Seal Aggregate 1 TON 168.00$
#4-28 Traffic Control - Chip and Scrub Seal (Based on 1 TON 40.00$
#4-29 Chip Seal Binder: PASS CR, <100 Tons 1 TON 718.00$
#4-30 Chip Seal Binder: PASS CR, >100 Tons 1 TON 702.00$
#5-1 Micro Surface Binder: LMCQSTR-MS, < 100 T 1 TON #######
#5-2 Micro Surface Binder: LMCQSTR-MS, > 100 T 1 TON #######
#5-3 Micro Surface Binder: MSE (MAG Spec.), < 10 1 TON #######
#5-4 Micro Surface Binder: MSE (MAG Spec.), > 10 1 TON 958.00$
#5-5 Micro Surface Binder: CQSLM, < 100 TONS 1 TON #######
#5-6 Micro Surface Binder: CQSLM, > 100 TONS 1 TON 958.00$
#5-7 Micro Surface Binder: CQSPM, < 100 TONS 1 TON #######
#5-8 Micro Surface Binder: CQSPM, > 100 TONS 1 TON #######
#5-9 Micro Surface Binder: CQSLM TR, < 100 TON 1 TON #######
#5-10 Micro Surface Binder: CQSLM TR, > 100 TON 1 TON #######
#5-11 Slurry Seal Binder: LMCQSTR, < 100 TONS 1 TON #######
#5-12 Slurry Seal Binder: LMCQSTR, > 100 TONS 1 TON #######
#5-13 Slurry Seal Binder: LMCQS, < 100 TONS 1 TON 981.00$
#5-14 Slurry Seal Binder: LMCQS, > 100 TONS 1 TON 843.00$
#5-15 Slurry Seal Binder: PMCQS (Solid Polymer SB 1 TON #######
#5-16 Slurry Seal Binder: PMCQS (Solid Polymer SB 1 TON 883.00$
#5-17 Slurry Seal Binder: PMQS h, < 100 TONS 1 TON
#5-18 Slurry Seal Binder: PMQS h, > 100 TONS 1 TON
#5-19 Slurry Seal Binder: CQS, < 100 TONS 1 TON 863.00$
#5-20 Slurry Seal Binder: CQS, > 100 TONS 1 TON 790.00$
#5-21 Slurry Seal Binder: CQSLM, < 100 TONS 1 TON 982.00$
#5-22 Slurry Seal Binder: CQSLM, > 100 TONS 1 TON 843.00$
#5-23 Slurry Seal Binder: CQS TR, < 100 TONS 1 TON #######
#5-24 Slurry Seal Binder: CQS TR, > 100 TONS 1 TON 941.00$
#5-25 Slurry Seal Binder: CQSLM TR, < 100 TONS 1 TON #######
#5-26 Slurry Seal Binder: CQSLM TR, > 100 TONS 1 TON #######
#5-27 Slurry Seal Aggregate (Type I) Residential 1 TON 219.00$
#5-28 Slurry Seal Aggregate (Type II) Residential 1 TON 122.00$
#5-29 Slurry Seal Aggregate (Type II) Arterial 1 TON 124.00$
#5-30 Slurry Seal Aggregate (Type III) Residential 1 TON 120.00$
#5-31 Slurry Seal Aggregate (Type III) Arterial 1 TON 123.00$
#5-32 Micro Surfacing Aggregate (Type II)1 TON 154.00$
#5-33 Micro Surfacing Aggregate (Type III)1 TON 124.00$
#5-34 Slurry Seal & Micro Seal Fiber Additive 1 LBS 8.00$
#5-35 Traffic Control - Slurry and Micro Seal (Based o 1 TON 141.00$
#6-1 Asphalt Concrete Pavement (Marshall 1/2" Mix 1 TON 123.75$
#6-2 Asphalt Concrete Pavement (Marshall 1/2" Mix 1 TON 89.10$
#6-3 Asphalt Concrete Pavement (Marshall 1/2" Mix 1 TON 123.75$
#6-4 Asphalt Concrete Pavement (Marshall 1/2" Mix 1 TON 89.10$
#6-5 Asphalt Concrete Pavement (Marshall 3/4" Mix 1 TON 123.75$
#6-6 Asphalt Concrete Pavement (Marshall 3/4" Mix 1 TON 89.10$
#6-7 Asphalt Concrete Pavement (Marshall 3/4" Mix 1 TON 123.75$
#6-8 Asphalt Concrete Pavement (Marshall 3/4" Mix 1 TON 89.10$
#6-9 Asphalt Concrete Pavement (Superpave 1/2" M 1 TON 123.75$
#6-10 Asphalt Concrete Pavement (Superpave 1/2" M 1 TON 89.10$
#6-11 Asphalt Concrete Pavement (Superpave 3/4" M 1 TON 123.75$
#6-12 Asphalt Concrete Pavement (Superpave 3/4" M 1 TON 89.10$
#6-13 Asphalt-Rubber Concrete Pavement, < 500 TO 1 TON 158.50$
#6-14 Asphalt-Rubber Concrete Pavement, > 500 TO 1 TON 122.50$
#6-15 Bituminous Tack Coat (CSS-1H, Diluted)1 TON 686.00$
#6-16 Asphaltic Concrete Patching (Remove And Rep 1 TON 275.00$
#6-17 Asphaltic Concrete Patching (Pothole Patching 1 TON #######
#6-18 Recondition Shoulder 1 SY 2.00$
#6-19 Shoulder Build-Up Material 1 TON 28.00$
#6-20 Saw Cut Asphaltic Concrete Pavement (Per Inc 1 LF 0.35$
#6-21 Asphaltic Concrete Pavement Milling (Edge Mil 1 SY 1.99$
#6-22 Asphalt Profiling (Micro Milling 1 to 2,000 SY)1 SY 6.40$
#6-23 Asphalt Profiling (Micro Milling 2,001 to 4,000)1 SY 4.21$
#6-24 Asphalt Profiling (Micro Milling 4,001 to 16,000)1 SY 2.89$
#6-25 Asphalt Profiling (Micro Milling 16,001 to 32,000 1 SY 2.20$
#6-26 Asphalt Profiling (Micro Milling 32,001 to 64,000 1 SY 2.02$
#7-1 Remove Thermoplastic Stripe 1 LF 0.63$
#7-2 Remove Thermoplastic Symbol Or Legend 1 EA 79.00$
#7-3 Remove Raised Pavement Marker 1 EA 2.35$
#7-4 15 MIL (4") White Traffic Paint Stripe 1 LF 0.16$
#7-5 15 MIL (4") Yellow Traffic Paint Stripe 1 LF 0.16$
#7-6 Paint Symbol Arrow 1 EA 79.00$
#7-7 Paint Symbol (RR Crossing)1 EA 150.00$
#7-8 Paint Symbol (Bike Lane Marking Set)1 EA 103.00$
#7-9 Paint Legend "Only"1 EA 79.00$
#7-10 60 MIL (4") White Thermoplastic Traffic Stripe 1 LF 0.38$
#7-11 60 MIL (4") Yellow Thermoplastic Traffic Stripe 1 LF 0.38$
#7-12 Transverse Thermoplastic 4" Equivalent 1 LF 0.65$
#7-13 Thermoplastic Pavement Arrow 90 MIL 1 EA 158.00$
#7-14 Thermoplastic Symbol, RR Crossing 90 MIL 1 EA 307.00$
#7-15 Thermoplastic Legend "Only" 90 MIL 1 EA 189.00$
#7-16 25 MIL (4") White Dual Component Pavement M 1 LF 0.41$
#7-17 25 MIL (4") Yellow Dual Component Pavement 1 LF 0.41$
#7-18 Transverse Dual Component Pavement Markin 1 EA 0.75$
#7-19 Dual Component Pavement Marking Symbol (E 1 EA 354.00$
#7-20 Dual Component Pavement Marking Legend (E 1 EA 354.00$
#7-21 Pre-Formed Tape Striping (3M 270 Series) 4" E 1 LF 2.75$
#7-22 Pre-Formed Symbol (3M 270 Series)1 EA 275.00$
#7-23 Pre-Formed Legend (3M 270 Series)1 EA 307.00$
#7-24 Reflectorized Raised Pavement Marker (Type D 1 EA 3.95$
#7-25 Reflectorized Raised Pavement Marker (Type G 1 EA 3.95$
#7-26 Reflectorized Riased Pavement Marker (Type H 1 EA 3.95$
#7-27 Reflectorized Raised Pavement Marker (Type 9 1 EA 3.95$
#7-28 Chip Seal Marker, ADOT Std M-20 1 EA 2.15$
#8-1 Adjust Round Frame & Cover To Grade, MAG D 1 EA 665.00$
#8-2 Adjust Valve Box & Cover To Grade, MAG Det. 1 EA 641.00$
#8-3 Adjust Valve Box & Cover To Grade, MAG Det. 1 EA 641.00$
#8-4 Adjust Valve Box & Cover To Grader, MAG Det 1 EA 641.00$
#8-5 Adjust Manhole Frame & Cover To Grade, MAG 1 EA 926.00$
#9-1 Traffic Control (Not for Items No. 1-5)1 LS -$
#9-2 Message Board (Per Unit Per Day)1 DY 75.00$
#9-3 Uniformed Off-Duty Pinal County Sheriff Deputy 1 HR 45.00$
#9-4 Flagging Services (Hours Vary By Job)1 HR 35.00$
#9-5 Pilot Car And Driver (Hours Vary By Job)1 HR 65.00$
#9-6 Document Existing Pavement Markings 1 LS -$
#9-7 Miscellaneous Removals And Other Work 1 LS -$
#9-8 Paved Surface Cleaning 1 MILE #######
#9-9 Community Relations 1 LS -$
ROQ-175923
JOC Asphalt
Maintenance & Repair
Services
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 1 of 37
NOTICE OF REVIEW OF QUALIFICATIONS
Designated Agency: PINAL COUNTY PUBLIC WORKS DEPARTMENT
Material or Service: JOC ASPHALT MAINTENANCE & REPAIR SERVICES
Contract Type: FIRM FIXED PRICE
Contract Period: ONE (1) YEAR INITIAL TERM
FOUR (4) ONE-YEAR RENEWAL OPTIONS
Pre-Submittal Conference: N/A
Question Due Date: BY 5:00 PM ARIZONA TIME ON MAY 9, 2018
Solicitation Due Date: BY 2:00 PM ARIZONA TIME ON MAY 22, 2018
Number of Copies Required: ELECTRONIC SUBMITTAL
Solicitation Opening Date: BY 2:15 PM ARIZONA TIME ON MAY 22, 2018
Solicitation Opening Location: 31 NORTH PINAL STREET
BUILDING A
FLORENCE, AZ 85132
Procurement Officer Contact
Name:
LORINA GILLETTE, CPPB
Telephone: (520) 866- 6639
Fax: (520) 866- 2903
E-mail: Lorina.Gillette@pinalcountyaz.gov
Table of Contents
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 2 of 37
SOLICITATION DOCUMENTS
SCOPE OF WORK……………………………………………………………………………….…………….p. 3
DEFINITIONS…………………………………………………………………………………………………...p. 7
SPECIAL INSTRUCTIONS……………………………………………………………………………………p. 10
UNIFORM INSTRUCTIONS………………………………………………………………………………….. p. 13
TERMS AND CONDITIONS…………………………………………………………………………………. p. 18
ADDENDUM ACKNOWLEDGEMENT FORM…………………………………………………………….. p. 31
W-9 FORM …………………………………………………………………………………………………….. p. 32
RESPONDERS CHECKLIST………………………………….…………………………………………..... p. 33
OFFER AND ACCEPTANCE FORM……..……………….…………………………………………………p. 34
EXHIBITS AND ATTACHMENTS
Attachment A – Bonfire Submission Instructions for Suppliers
END OF SOLICITATION
Statement of Work
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 3 of 37
1. INTRODUCTION
1.1 Purpose and Description
Pinal County Public Works (County) is seeking experienced Contractors to provide Asphalt Maintenance and Repair Services
on an as-needed basis at various project locations throughout the County utilizing the Job Order Contracting (JOC) project
delivery method.
It is the intent of the County to select four (4) contractors for contract award. The initial term of the JOC will be for a minimum
of one (1) year and may be renewed up to four (4) additional one-year terms. Renewal of the contract will be at the sole option
of the County and be based on the successful performance of the JOC Contractor and the needs of the County. The
individual job order assignment maximum amount is $1,000,000. It is the County’s intent to enter into a cost plus fee structure.
During the term of the JOC, work is performed as a series of individual job orders assignments. Individual projects may
require the expenditure approval of the Pinal County Board of Supervisors. Each job order assignment, initiated by the owner,
is defined cooperatively by the owner and contractor. A scope, schedule and price are negotiated and agreed upon. Then the
contractor is directed to proceed with the work. Job Order Contracting may include design services, pre-construction services,
construction work, maintenance and as-built documents.
The County has elected to use the JOC delivery method for these projects as outlined under A.R.S. Title 34. Cost effective
construction in the shortest possible time frame and within the County’s tolerance of financial risk will be the guiding principles
behind the projects.
1.2 Cooperative Purchasing
This contract shall be for the permissive use by Pinal County. The County has entered into various cooperative purchasing
agreements with other Arizona government entities in order to conserve resources, reduce overhead and purchase costs and
improve delivery time. The contract resulting from this Solicitation may be extended for use by other municipalities, school
districts and government agencies in the State of Arizona with the approval of the Contractor. Orders placed by other
agencies and payment thereof will be the sole responsibility of that agency. The County shall not be responsible for any
disputes arising out of transactions made by others.
2. SCOPE OF WORK
2.1 Scope of Work
The County maintains a network of civil infrastructure. The infrastructure includes, but not limited to, paved streets, dirt roads,
trails, multi-use paths, park pavements, and parking lots. This JOC will be focused but not limited to, supplying all labor,
material, and equipment for asphalt maintenance and repairs. Work assignments may include but not limited to, and the
successful contractors shall have experience, knowledge and ability to accomplish the following tasks:
2.1.1 Obtain all necessary permits, required to complete the job order assignment, including but not limited to; Engineering
off-site, haul route, stockpile, SWPPP, dust control, traffic control plans, etc.
2.1.2 Placing asphalt pavements including full depth sections, overlays, patches and repairs.
2.1.3 Pavement maintenance and rehabilitation; including but not limited to; crack sealing and joint sealing, crack routing
and large crack repair, applying various types of surface treatments including fog seal, scrub seal, chip seal, other
asphalt rejuvenation methods, milling and/or roadway profiling, saw cutting and removing both asphalt and concrete
pavements.
2.1.4 Utility adjustments.
2.1.5 Minor subgrade preparation including compacting native soil, placing and compacting ABC, millings, soil stabilization
and grading.
2.1.6 Minor earthwork: site rough and finishing grade.
2.1.7 Signing and striping including, survey of existing striping and signing, providing and installing project signs,
obliteration of striping, layout and installing striping, symbols, raised pavement markers and signage.
2.1.8 Preparing traffic control plans, providing traffic set-up in accordance with the approved traffic control plans and
barricading work areas.
2.1.9 Shoulder maintenance including grading, build-up, placement of surface treatment and sealing.
Statement of Work
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 4 of 37
2.2 Project Information
The successful JOC contractors will have documented established successful work relationships with various qualified
subcontractors and knowledge of JOC project delivery methods. The specific work associated with each job order assignment
shall be mutually agreed upon and issued by the County.
For any project determined by the County to be appropriate for this Job Order Contract, the County will request that the
contractor prepare a scope of work, cost proposal, project schedule and back-up supporting documentation. If acceptable,
the County will issue a Purchas Order, at which time the parties will execute an individual job order assignment specifying the
cost and completion schedule for that project. Although the County anticipates that the JOC Contractor will be issued work,
the Contractor is neither guaranteed a minimum amount of work nor any jobs at all. The County reserves the right and will
issue job order assignments based on ability of the contractor to meet the County’s work schedule and the availability of trades
and expertise in relation to each project.
All construction shall conform to the latest version of the Uniform Standard Specifications and Details for Public Works
Construction published by the Maricopa Associate of Governments (MAG), Standard Specifications and Details for Road and
Bridge Construction published by Arizona Department of Transportation (ADOT), Manual on Uniform Traffic Control Devices
(MUTCD) published by Federal Highway Administration (FHWA), , and the construction documents (plans and specifications)
associated with each Job Order assignment.
2.3 Work Authorization
Any Work required under this Contract shall be authorized by issuance of formal, written Job Order Purchase Orders as
follows:
2.3.1 As the need exists (as determined by the County) for performance under the terms of this Contract, the County will
notify the Contractor of an existing requirement.
2.3.2 Upon the receipt of this notification, Contractor shall respond within two (2) working days, or as otherwise agreed, by:
2.3.2.1 Visiting the proposed site in the company of County staff, or;
2.3.2.2 Establishing contact with the County to further define the scope of the requirement.
2.3.3 After mutual agreement on the scope of the individual requirement, Contractor shall then prepare a proposal for
accomplishment of the task unless Contractor, in its sole discretion, elects not to undertake the Work. If the Work is
declined, Contractor will so notify the County in a timely manner.
2.3.4 The price matrix shall serve as the basis for establishing the value of the Work to be performed.
2.3.5 Contractor’s proposal shall be submitted within ten (10) working days unless otherwise agreed.
2.3.6 Upon receipt of the Contractor’s proposal, the County will review the proposal for completeness and will reach
agreement with Contractor on pricing, schedule and all other terms, prior to issuance of a Job Order Purchase Order.
2.3.7 In the event the County does not issue a Job Order Purchase Order after receipt of the Contractor’s proposal, the
County is not obligated to reimburse the Contractor for any costs incurred in the preparation of the proposal, except as
noted in §2.4.3
2.4 Scheduling of Work
2.4.1 For each Job Order Purchase Order, the County will issue a Notice to Proceed. The first day of performance under a
Job Order shall be the effective date in the Notice to Proceed. Any preliminary work started or material ordered or
purchased before receipt of the Notice to Proceed shall be at the risk and expense of the Contractor. Contractor shall
diligently prosecute the Work to completion within the time set forth in the Job Order Purchase Order. The period of
performance includes allowances for mobilization, holidays, weekend days, normal inclement weather, and cleanup.
Therefore, claims for delay based on these elements will not be allowed. When Contractor considers the Work
complete and ready for its intended use, Contractor shall request the County to inspect the Work to determine the
Statement of Work
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 5 of 37
status of completion. A minimum of 30 days prior to Final Completion the Contractor, in conjunction with the County,
shall prepare a comprehensive list of Punch list items, which the County may edit and supplement. The Contractor
shall proceed promptly to complete and correct Punch list items. Failure to include an item on the Punch list does not
alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Items on
the Punch list must be completed or corrected prior to final payment for the Job Order. Contractor shall proceed
promptly to complete and correct items on the list. Two year warranties required by the Contract Documents shall not
commence until the date of Final Completion unless otherwise provided in the Contract.
2.4.2 Job placement of materials and equipment shall be made with a minimum of interference to County operations and
personnel.
2.4.3 Furniture and portable office equipment in the immediate work area will be moved by Contractor and replaced to its
original location. If the furniture and portable office equipment cannot be replaced to its original location, the County
will designate new locations. If furniture and portable office equipment (or other items) must be moved and/or stored
outside the immediate area, the County will compensate the Contractor for any such transportation and storage costs
incurred.
2.4.4 Contractor shall take all precautions to ensure that no damage will result from its operations to private or public
property. All damages shall be repaired or replaced by Contractor at no cost to the Owner.
2.4.5 Contractor shall be responsible for providing all necessary traffic control, such as street blockages, traffic cones,
flagmen, etc., as required for each Job Order Purchase Order. Proposed traffic control methods shall be submitted to
the County for approval.
2.5 Quality Assurance/Quality Control Program
2.5.1 Contractor shall submit, for County approval, a Quality Assurance/Quality Control Plan within fifteen (15) calendar
days after issuance of the initial Job Order Purchase Order. This plan should address all aspects of quality control
including responsibility for surveillance of work, documentation, trend analysis, corrective action and interface with
County inspectors.
2.6 Utility Company Coordination
2.6.1 Unless specifically excluded by the individual Job Order Agreement, the Contractor will be responsible for
coordinating with utility design work for permanent service to the project and will ensure that the work takes place in a
timely manner and does not impact the project schedule. Any utility design fees for permanent services to a project
will be paid by the County.
2.7 Temporary Sanitation Facilities
2.7.1 The Contractor shall provide ample toilet facilities with proper enclosures for the use of workmen employed on the
work site. Toilet facilities shall be installed and maintained in conformity with all applicable state and local laws,
codes, regulations and ordinances. They shall be properly lit and ventilated and kept clean at all times.
2.7.2 Adequate and satisfactory drinking water shall be provided at all times and under no circumstances and under no
conditions will the use of common cups be permitted. The Contractor must supply sanitary drinking cups for the
benefit of all employees.
2.8 Dust Control and Water
2.8.1 The dust control measures shall be in accordance with the requirements of the Pinal County Air Quality Control
District Code of Regulations. Water or other approved dust palliative in sufficient quantities shall be applied during all
phases of construction involving open earthwork to prevent unnecessary discharge of dust and dirt into the air. The
Contractor shall be responsible for compliance with these regulations. A Notice to Proceed will not be issued until the
County has received a copy of the Contractor’s Dust Control Permit and Plan.
2.8.2 The Contractor shall be required to obtain the necessary permit and all pertinent information from the Pinal County Air
Quality Department 31 N Pinal St, Bldg. F, Florence, AZ 85132 520-866-6929.
Statement of Work
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 6 of 37
2.8.3 The Contractor shall keep suitable equipment on hand at the job site for maintaining dust control on the project
streets, and shall employ sufficient labor, materials and equipment for that purpose at all times during the project to
the satisfaction of the County.
2.8.4 Watering shall conform to the provisions of Section 225 of the MAG Standard Specifications. The cost of watering will
be included in the price bid for the construction operation to which such watering is incidental or appurtenant.
2.9 Work by Owner
2.9.1 The County reserves the right to undertake or award Contracts for the performance of the same or similar type work
contemplated herein, and to do so will not breach or otherwise violate the contract.
Definitions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 7 of 37
1. DEFINITIONS. For this Contract certain words, phrases and terms shall have special meaning as defined herein. Furthermore,
words used in the present tense shall include the future; words used in the singular shall include the plural; words in the plural
shall include the singular; and words in the neutral or masculine gender are inclusive and do not in any way connote a specific
gender.
1.1 Bid Documents: The whole of the Invitation for Bid packet, which consists of all documents listed in the index of said bid packet
and all Addenda thereto.
1.2 Bid Price: Total amount quoted by bidder for performing the Scope of Work described in the Bid Documents
1.3 Bid Form: The approved County form on which the bidder affixes an authorized signature certifying that the bidder has carefully
reviewed the Scope of Work and is willing to perform said Scope of Work and furnish all labor, equipment and materials
necessary to complete said Work for an amount not to exceed the bid price quoted.
1.4 Bid Security: A cashier’s check, certified check, or surety bond written by a surety holding a certificate of authority to transact
surety business in Arizona, in the amount of ten percent (10%) of the total bid price to guarantee the bidder will enter into the
contract if the bid is accepted and which is the agreed amount of liquidated damages in case of failure to enter into Contract or
provide contract security.
1.5 Bidder: An individual, partnership, firm, corporation, or any acceptable combination thereof, or joint venture responding to an
Invitation to Bid by submitting a signed Bid.
1.6 Board: Pinal County Board of Supervisors.
1.7 Calendar Days: A period of time meaning consecutive days including Saturdays, Sundays and holidays.
1.8 Change Order: Amendment of the Contract, Contract Documents or both, which is not effective until after approval by the
Contractor and the Pinal County Board of Supervisors. Approval by the Board of Supervisors shall be in accordance with the
provisions of paragraph 4 of the General Provisions of this contract. These changes include but are not limited to adding
additional streets or roadway segments to the Scope of Work.
1.9 Channel: A natural or artificial watercourse.
1.10 Contract Administrator: Director of the Pinal County Department of Public Works, who reviews and approves recommendations
for all contracts, change orders and pay estimates to the Board of Supervisors.
1.11 Contract Bonds/Contract Security (Performance Bond and Labor and Material Payment Bond): The approved forms of security,
furnished by the successful bidder/contractor the Contractors surety or sureties, guaranteeing the full and complete performance
of the contract and all supplemental agreements pertaining thereto and the payment of all legal debts including the payment of
all taxes pertaining to the Scope of Work.
1.12 Contract/Contract Documents: The written instrument between Pinal and the contractor entitled “Contract Agreement” and the
Bid Documents, as defined above, constitute the entire Contract/Contract Documents after (a) award of the Contract; (b) the
successful bidder has furnished the required security and insurance and executed the Contract Agreement; (c) Pinal has
accepted and approved the security; and (d) execution of the Contract Agreement by Pinal.
1.13 Contract Time: The number of calendar days allowed for completion of the Contract, including authorized time extensions. If a
specified completion date is shown in lieu of the number of working or calendar days, the contract time expires on that date and
the Contract shall be completed on or before that date or the date of any authorized extension.
1.14 Contractor: A bidder in whose favor the Pinal County Board of Supervisors has awarded the Contract and who has provided
the necessary Contract security, met the required insurance requirements and entered into a contract agreement with Pinal.
1.15 County Engineer or Engineer: The Pinal County Engineer, acting by and under authority of the laws of the State of Arizona, or
the County Engineer’s designee acting under the County Engineer’s supervision, on behalf of the Pinal county Board of
Supervisors.
1.16 Culvert: Any structure not classified as a bridge which provides an opening under the roadway.
Definitions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 8 of 37
1.17 Days: Calendar days (see above).
1.18 Department: The Pinal County Department of Public Works.
1.19 Director: The Pinal County Department of Public Works, acting in the official capacity as said Director.
1.20 Equipment: All machinery and equipment, together with the necessary supplies for upkeep and maintenance and also tools and
apparatus necessary for acceptable completion of the Scope of Work.
1.21 Holidays: The legal holidays as defined in the latest revisions at the time of bidding, of the Arizona Revised Statutes, Title 1,
Chapter 3, §1-301.
1.22 Laboratory: A testing laboratory that has been approved by Pinal to perform testing and that has been determined by Pinal to
be free from any conflict of interest.
1.23 Labor and Material Payment Bond: A payment bond furnished by Contractor and Contractor’s surety or sureties for the full
amount of the Bid Price to guarantee payment to laborers and material supplies.
1.24 Materials: Any substances specified for use in the construction of the Project.
1.25 Material Supplier: O ne who fabricates, or processes an item off the Project Site, and who may or may not delivery this to the
Project Site. For purposes of this definition, a supplier shall not include one how establishes a fabricating process or facility
expressly for use o f the Project, whether on or off the Project Site; or one who performs work on the Project Site that is
incorporated into the Project.
1.26 Notice of Award: Written notice to the successful bidder notifying that the bid has been accepted by the Pinal County Board of
Supervisors.
1.27 Performance Bond: A bond in the full amount of the total Bid Price furnished by Contractor and Contractor’s surety sureties to
protect Pinal by conditioning release of the bond sum upon Contractors full and complete performance of the Contract and all
supplemental agreements thereto.
1.28 Plans: The project plans, standard drawings, working drawings and supplemental drawings, or reproductions thereof, approved
by the Engineer, which show the location, character, dimensions and details of the Work to be performed. All such documents
are to be considered as a part of the plans whether or not they are reproduced in the Invitation for Bid packet.
1.29 Progress Payment: Monthly draw against the contract price based on work completed and determined by the Schedule of
Values and approved by the Engineer.
1.30 Project Plans: Specific details and dimensions peculiar to the Work which are supplemented by the Standard Drawings insofar
as they may apply.
1.31 Purchase Order: A document which specifies, identifies and/or describes an item, service or supply delivery and/or
transportation purchased by Pinal and includes a written note from Pinal to nay contractor or vendor of the start date and the
Scope of Work.
1.32 Quality Assurance Inspector/QA Inspectors: The Engineer’s authorized representative assigned to make detailed inspections
of contract performance.
1.33 Repetition of Expressions: In order to avoid cumbersome and needless repetition, such phrases as “to the Engineer” and “by
the Engineer” shall be understood to mean that when an order, instruction, decision, exercise of judgement or other similar
action is indicated, such order, instruction, decision, exercise of judgement or other similar action shall be issued, given, made
by or reserved to the County Engineer.
1.34 Responsible Bidder: A person who has the capability to perform the contract requirements and the integrity and reliability which
will assure good faith performance.
1.35 Responsive Bid: A bid which conforms to all material respects to the invitation for bid.
Definitions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 9 of 37
1.36 Schedule of Performance: A timetable prepared by a bidder given a Notice of Award, to commence running upon Pinal’s
issuance of a Notice to Proceed, defining the Bidder’s projection of sig nificant milestones in the course of the performance of
the Contract, as well as the number of days elapsed from the issuance of the Notice to Proceed to each such milestone.
1.37 Schedule of Values: Prices set by the Contractor for specified divisions of the Work. These prices shall be used to arrive at the
amounts due under the contract on the progress payments. They shall include everything for that particular quantity of work
which the Contractor expects to be paid, e.g. labor, material, overhead, profit. Equipment costs or rental, transportation.
1.38 Special Detour: A detour, which requires the contraction of a paved surface and generally does not include any portion of a
route utilizing an existing roadway.
1.39 Shop Drawings: Drawings approved for repetitive use, showing details to be used where appropriate.
1.40 Specifications: The compilation of provisions and requirements for the performance of the prescribed Scope of Work, which
include general, special and technical specifications.
1.41 Subcontractor: An individual, partnership, firm or corporation or any acceptable combination thereof, or joint venture, which
performs any of the prescribed Scope of Work, directly or indirectly for or on behalf of Contractor whether or not in privity of
contract with Contractor.
1.42 Superintendent: Contractor’s authorized representative in responsible charge of the Work.
1.43 Surety: The corporate body bound with and for Contractor, for the full and complete performance of the Contract and for payment
of all debts pertaining to the Work.
1.44 Working Day: A calendar day, exclusive of Saturdays, Sundays, and County recognized holidays, on which weather and other
conditions not under the control of Contractor shall permit Contractor’s operation to proceed for the major part of the day with
the normal working force engaged in performing the controlling item or items of work which would be in progress at that time.
1.45 Working and Supplemental Drawings: Supplemental design sheets, shop drawings or similar data which Contractor is required
to submit to Pinal.
Special Instructions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 10 of 37
1 INQUIRIES
1.1 All questions related to this Request for Proposal shall be directed to the Procurement Officer , Lorina Gillette, CPPB at
lorina.gillette@pinalcountyaz.gov. Questions should be submitted in writing when time permits. Any correspondence related
to a solicitation should refer to the appropriate solicitation number, page and paragraph number.
1.2 Responders may not contact any County employees other than the Procurement Officer concerning this procurement while
the Solicitation and evaluation are in process.
2 OFFER PREPARATION
2.1 Contract. Offers shall include a signed Contract form.
The Contract Form shall be signed with an original signature by the person signing the Offer, and shall be submitted no later
than the Offer due date and time. Failure to return the Contract Form may result in rejection of the Offer.
2.2 Acknowledgement of Solicitation Addendums. Offers shall include any/all signed Solicitation Addendum(s), as described in
section 2.7 of the Uniform Instructions.
Solicitation Addendums are posted on the Pinal County website at the following address:
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx. It is the responsibility of the Responder to periodically
check this website for any Solicitation Addendum. Solicitation Addendums shall be signed with an original signature by the
person signing the Offer, and shall be submitted no later than the Offer due date and time. Failure to return a signed (or
acknowledgment for electronic submission, when authorized) copy of a Solicitation Addendum may result in rejection of the
Offer.
2.3 Estimated Quantities. The County does not anticipate considerable activity under contr act(s) awarded as a result of this
solicitation, therefore, no commitment of any kind is made concerning quantities actually acquired. The quantities that may
be reflected in the solicitation are estimates only.
2.4 Offer Format. Offers shall follow the following format: The original copy of the Offer shall be clearly labeled “ORIGINAL”
and shall contain a Title Page that identifies the solicitation number and provides the Responder Name, Address,
Telephone Number as well as the Name and Title of the Solicitation Contact Person. The Offer shall be organized into two
(2) sections as follows:
2.4.1 Requested Documents.
2.4.1.1 Section One: shall contain the Title Page as well as the following forms: Statement of Bonding Capacity,
Addendum Acknowledgement Form, W9 form and signed Offer and Acceptance Form
2.4.1.2 Section Two: shall contain the Subcontractor Selection Plan
2.4.1.3 Section Three: shall contain scanned copies of the Arizona Registrar of Contractors License Identification
Card(s). Multiple ID cards by be placed on the same page.
2.4.1.4 Section Four: shall contain the Pricing Matrix.
2.4.2 Requested Questionnaires.
2.4.2.1 Shall contain the completed questionnaire titled JOC Civil Construction Services.
2.6 Additional Special Instructions. Responders shall see the attachments within the Solicitation for Additional Special
Instructions associated with this Solicitation.
2.7 Additional Terms and Conditions. Responders shall see the attachments within the Solicitation for Additional Terms and
Conditions.
3 SUBMISSION OF OFFER
Special Instructions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 11 of 37
3.1 Electronic Documents. The Solicitation document is provided in an electronic format. Any unidentified alteration or
modification to any Solicitation documents, to any attachments, exhibits, forms, charts or illu strations contained herein shall be
null and void. In those instances where modifications are identified, the original document published by the County shall take
precedence. As provided in the Solicitation Instructions, Responders are responsible for clearly identifying any and all changes
or modifications to any Solicitation documents upon submission to the County.
4 EVALUATION
4.1 Evaluation. In accordance with the Pinal County Procurement Code, awards shall be made to the responsible responder(s)
whose proposal is determined in writing to be the most advantageous to the County based upon the evaluation criteria listed
below. The evaluation factors are listed in their relative order of importance.
1. Method of Approach
2. Experience and Qualifications of the Contractor
3. Experience and Qualifications of Key Personnel
4. Conformance to Terms and Conditions
4.2 Clarifications. Upon receipt and opening of proposals submitted in response to this solicitation, the County may request oral
or written clarifications, including demonstrations or questions and answers, for the sole purpose of information gathering or of
eliminating minor informalities or correcting nonjudgmental mistakes in proposals. Clarifications shall not otherwise afford the
Responders the opportunity to alter or change its proposal.
4.3 Negotiations. County may conduct negotiations with those Responders who’s Offers are determined by the County to be
reasonably susceptible of being selected for award. Negotiations may be in writing or in person and may include
presentations, site visits or demonstrations.
4.4 Responsibility, Responsiveness and Acceptability. In accordance with Pinal County Procurement Code PC1-328(H), County
shall consider the following in determining Responder responsibility as well as the responsiveness and acceptability of their
Offer.
Responders may not be considered responsible if they have been debarred from the practice of their profession that would
otherwise be necessary in the provision of goods and services under any resulting contract. Responders may not be
considered responsible if they have had a contract with the County, within the last three-years, that was terminated for
cause, due to breach or similar failure to comply with the terms of any such contract. Responders may also not be
considered responsible if there is factual evidence of their frequent and reoccurring failure to satisfy the terms of their
agreements and contractual relationships, both with the County or other government entities. Factual evidence shall consist
of any documented vendor performance reports, customer complaints and/or negative references (including those found
outside of the submittal). Other factors that the County may evaluate to determine responsibility include, but are not limited
to excessively high or low pricing, compliance with applicable laws, and financial capacity to perform as specified. The
County reserves the right to review the qualifications of any key personnel to be assigned to provide services.
Offers may not be considered responsive and/or acceptable if they do not contain information sufficient to evaluate the Offer in
accordance with the evaluation criteria identified in the Solicitation including (i) a completed Offer and Acceptance Form; (ii)
completed Solicitation Addendums acknowledging any/all changes to the Solicitation; (iii) a response to the County’s
Statement of Work, (iv) a price proposal; or (iv) other certifications or bond sureties required in the Solicitation.
4.5 Best and Final Offers. If negotiations are conducted, the County shall issue a written request for a Best and Final Offer. The
request shall set forth the date, time and place for the submission of the Best and Final Offer. Best and Final Offers shall be
requested only once, unless the County makes a determination that it is advantageous to conduct further negotiations or
change the solicitation requirements.
5 AWARD
5.1 Contract Document Consolidation. At its sole option, following any contract award(s) the County may consolidate the resulting
contract documents. Examples of such consolidation would include (i) reorganizing solicitation documents and components of
the Contractor’s Offer only pertaining to the Solicitation; (ii) revising the Statement of Work to incorporate the Contractor’s
response, (iii) revising any terms and conditions to incorporate any changes in the Contractor’s Offer; (iv) excluding any
Special Instructions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 12 of 37
components of the Contractor’s Offer that were not awarded. Contract document consolidation shall not materially change the
Contract.
5.2 Post Award Meeting. The Contractor may be required to attend a post-award meeting with the Using Agency to discuss the
terms and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of the Contract.
Uniform Instructions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 13 of 37
1 INQUIRIES
1.1 Duty to Examine. It is the responsibility of each Responder to examine the entire Solicitation, seek clarification in writing
(inquiries), and examine its’ Offer for accuracy before submitting the Offer. Lack of care in pr eparing an Offer shall not be
grounds for modifying or withdrawing the Offer after the Offer due date and time, nor shall it give rise to any Contract claim.
1.2 Solicitation Contact Person. Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards
referenced in the Solicitation shall be directed solely to the Solicitation contact person. The Responder shall not contact or
direct inquiries concerning this Solicitation to any other County employee unless the Solicitation specifically identifies a person
other than the Solicitation contact person as a contact.
1.3 Submission of Inquiries . The Procurement Officer or the person identified in the Solicitation as the contact for inquiries except
at the Pre-Offer Conference, require that an inquiry be submitted in writing. Any inquiry related to a Solicitation shall refer to
the appropriate Solicitation number, page and paragraph. Do not place the Solicitation number on the outside of the envelope
containing that inquiry, since it may then be identified as an Offer and not be opened until after the Offer due date and time.
The County shall consider the relevancy of the inquiry but is not required to respond in writing.
1.4 Timeliness. Any inquiry or exception to the solicitation shall be submitted as soon as possible and should be submitted at
least seven days before the Offer due date and time for review and determination by the County. Failure to do so may result i n
the inquiry not being considered for a Solicitation Addendum.
1.5 No Right to Rely on Verbal Responses. A responder shall not rely on verbal responses to inquiries. A verbal reply to an
inquiry does not constitute a modification of the solicitation.
1.6 Solicitation Addendum. The Solicitation shall only be modified by a Solicitation Addendum.
1.7 Pre-Offer Conference. If a pre-Offer conference has been scheduled under this Solicitation, the date, time and location shall
appear on the Solicitation cover sheet or elsewhere in the Solicitation. Responders should raise any questions about the
Solicitation or the procurement at that time. A Responder may not rely on any verbal responses to questions at the
conference. Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through
a written Solicitation Addendum.
1.8 Persons with Disabilities. Persons with a disability may request a reasonable accommodation, such as a sign language
interpreter, by contacting the Solicitation contact person. Requests shall be made as early as possible to allow time to arrange
the accommodation.
2 OFFER PREPARATION
2.1 Forms: No Facsimile, Telegraphic or Electronic Mail Offers. An Offer shall only be submitted through Pinal County’s web
portal, Bonfire. Any substitute document for the forms provided in this Solicitation must be legible and contain the same
information requested on the forms, unless the solicitation indicates otherwise. A facsimile or electronic mail (e-mail) Offer
shall be rejected if submitted in response to requests for proposals or invitations for bids.
2.2 Typed or Ink; Corrections. The Offer shall be typed or in ink. Erasures, interlineations or other modifications in the Offer shall
be initialed in ink by the person signing the Offer. Modifications shall not be permitted after Offers have been opened except
as otherwise provided under applicable law.
2.3 Evidence of Intent to be Bound. The Offer and Acceptance form within the Solicitation shall be submitted with the Offer and
shall include a signature (or acknowledgement for electronic submissions, when authorized) by a person authorized to sign the
Offer. The signature shall signify the Responder’s intent to be bound by the Offer and the terms of the Solicitation and that the
information provided is true, accurate and complete. Failure to submit verifiable evidence of an intent to be bound, such as an
original signature, shall result in rejection of the Offer.
2.4 Exceptions to Terms and Conditions. All exceptions included with the Offer shall be submitted in a clearly identified separate
section of the Offer in which the Responder clearly identifies the specific paragraphs of the Solicitation where the exceptio ns
occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract unless such
exception is specifically accepted by the Procurement Officer in a written statement. The Responder’s preprinted or standard
terms will not be considered by the County as a part of any resulting Contract.
2.4.1 Invitation for Bids. An Offer that takes exception to a material requirement of any part of the Solicitation, including
terms and conditions, shall be rejected.
Uniform Instructions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 14 of 37
2.4.2 Request for Proposals. All exceptions that are contained in the Offer may negatively affect the County’s proposal
evaluation based on the evaluation criteria stated in the Solicitation or result in rejection of the Offer. An offer that
takes exception to any material requirement of the solicitation may be rejected.
2.5 Subcontracts. Responder shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities in
the Offer.
2.6 Cost of Offer Preparation. The County will not reimburse any Responder the cost of responding to a Solicitation.
2.7 Solicitation Addendum. Each Solicitation Addendum shall be signed with an original signature by the person signing the Offer,
and shall be submitted no later than the Offer due date and time. Failure to return a signed copy of a Solicitation Addendum
may result in rejection of the Offer.
2.8 Federal Excise Tax. The County is exempt from certain Federal Excise Tax on manufactured goods. Exemption Certificates
will be provided by the County.
2.9 Provision of Tax Identification Numbers. Responders are required to provide their Arizona Transaction Privilege Tax Number
and/or Federal Tax Identification number by attaching a current W-9 Form.
2.9.1 Employee Identification. Responder agrees to provide an employee identification number or social security number
to the County for the purposes of reporting to appropriate taxing authorities, monies paid by the Department under
this contract. If the federal identifier of the responder is a social security number, this number is being requested
solely for tax reporting purposes and will be shared only with appropriate County and federal officials. This
submission is mandatory under 26 U.S.C. § 6041A.
2.10 Identification of Taxes in Offer. The County is subject to all applicable state and local transaction privilege taxes. All applicable
taxes shall be included in the pricing offered in the solicitation. At all times, payment of taxes and the determination of
applicable taxes are the sole responsibility of the contractor.
2.11 Disclosure. If the firm, business or person submitting this Offer has been debarred, suspended or otherwise lawfully precluded
from participating in any public procurement activity, including being disapproved as a subcontractor with any Federal, state or
local government, or if any such preclusion from participation from any public procurement activity is currently pending, the
Responder shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Offer. The Responder
shall include a letter with its Offer setting forth the name and address of the governmental unit, the effective date of this
suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the
suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances
including the details enumerated above shall be provided.
2.12 Solicitation Order of Precedence. In the event of a conflict in the provisions of this Solicitation, the following shall prevail in the
order set forth below:
2.12.1 Terms and Conditions;
2.12.2 Statement or Scope of Work;
2.12.3 Specifications;
2.12.4 Attachments;
2.12.5 Exhibits;
2.12.6 Special Instructions to Responders;
2.12.7 Uniform Instructions to Responders;
2.12.8 Other documents referenced or included in the Solicitation; and
2.12.9 Individual Job Order Assignment
2.13 Delivery. Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all freight, delivery
and unloading at the destination(s).
2.14. Federal Immigration and Nationality Act. By signing of the Offer, the Responder warrants that both it and all proposed
subcontractors are in compliance with federal immigration laws and regulations (FINA) relating to the immigration status of
their employees. The State may, at its sole discretion require evidence of compliance during the evaluation process. Should
the State request evidence of compliance, the Responder shall have 5 days from receipt of the request to supply adequate
Uniform Instructions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 15 of 37
information. Failure to comply with this instruction or failure to supply requested information within the timeframe specified
shall result in the offer not being considered for contract award.
2.15. Offshore Performance of Work Prohibited
Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its client s and
involve access to secure or sensitive data or personal client data shall be performed within the defined territories of the United
States. Unless specifically stated otherwise in the specifications, this paragraph does not apply to indirect or 'overhead'
services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies
to work performed by subcontractors at all tiers. Responders shall declare all anticipated offshore services in the proposal.
3 SUBMISSION OF OFFER
3.1 Online Offer Submission. Each offer shall be submitted through Pinal County’s web portal, Bonfire.
Requested Information
Name Type # Files Requirement Instructions
Section 1: Cover
Sheet, Statement of
Bonding Capacity,
Addendum
Acknowledgement
Form, W9, Offer &
Acceptance Form
File Type: Any Multiple Required
Section 2:
Subcontractor
Selection Plan
File Type: Any Multiple Required
Section 3: Scanned
copies of Arizona
Registrar of
Contractors License
Identification Card(s)
File Type: Any Multiple Required
JOC Asphalt
Maintenance & Repair
Services (Q-13MO)
Questionnaire:
Excel (.xlsx)
1 Required You will need to fill out the provided
Response Template for this
Questionnaire. The Response
Template can be downloaded from
the project listing on the Bonfire
portal.
Asphalt Maintenance
& Repair Services
(BT-05AQ)
BidTable: Excel
(.xlsx)
1 Required You will need to fill out the provided
Response Template for this
BidTable. The Response Template
can be downloaded from the project
listing on the Bonfire portal.
Upload your submission at:
https://pinalcountyaz.bonfirehub.com/opportunities/7907
Uniform Instructions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 16 of 37
3.2 Offer Due Date. The exact due date and time that offers are due as stated on the Solicitation cover page.
3.3 Offer Amendment or Withdrawal. An Offer may not be amended or withdrawn after the Offer due date and time except as
otherwise provided under applicable law.
3.4 Public Record. All Offers submitted and opened are public records and must be retained by the County. Offers shall be open
to public inspection after Contract award, except for such Offers deemed to be confidential by the County. If a Responder
believes that information in its Offer should remain confidential, it shall indicate as confidential the specific information and
submit a statement with its Offer detailing the reasons that the information should not be disclosed. Such reasons shall include
the specific harm or prejudice which may arise. The County shall determine whether the identified information is confidential
pursuant to the Pinal County Procurement Code.
3.5 Non-collusion, Employment, and Services (Certification). By signing the Offer and Acceptance Form or other official contract
form, the Responder certifies that:
3.5.1 The Responder did not engage in collusion or other anti-competitive practices in connection with the preparation or
submission of its Offer; and
3.5.2 The Responder does not discriminate against any employee or applicant for employment or person to whom it
provides services because of race, color, religion, sex, national origin, or disability, and that it complies with all
applicable Federal, state and local laws and executive orders regarding employment.
3.6 Gratuities Prohibited/Integrity of Offers. The Responder affirms they have not given, nor intend to give at any time hereafter
any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor or service to any employee of
Pinal County in connection with the submitted Bid or Proposal. After award, the County may cancel this contract by giving
written notice to the Contractor if it is found that any gratuity, gift or other prohibited item were offered or given to any County
officer or employee. In the event the County cancels this contract pursuant to this provision, they shall be entitled, in addition
to any other rights and remedies, to recover or withhold from the Responder the amount of the gratuity.
3.7 Lobbying Prohibited. Responders are hereby advised that lobbying is not permitted with any County personnel or members
of the Board of Supervisors related to or involved with this Solicitation until the recommendation for award has been posted in
the Procurement Office.
4 EVALUATION
4.1 Unit Price Prevails. In the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the
unit price or rate shall govern.
4.2 Taxes. If the products and/or services specified require transaction privilege or use taxes, they shall be described and
itemized separately on the offer. Arizona transaction privilege and use taxes shall not be considered for evaluation.
4.3 Prompt Payment Discount. Prompt payment discounts of thirty (30) days or more set forth in an Offer shall be deducted from
the offer for the purposes of evaluating that price.
4.4 Late Offers. An Offer submitted after the exact Offer due date and time shall be rejected.
4.5 Disqualification. A Responder (including each of it’s’ principals) who is currently debarred, suspended or otherwise lawfully
prohibited from any public procurement activity shall have its offer rejected.
4.6 Offer Acceptance Period. A Responder submitting an Offer under this Solicitation shall hold its Offer open for the number of
days from the Offer due date that is stated in the Solicitation. If the Solicitation does not specifically state a number of days for
Offer acceptance, the number of days shall be one hundred-twenty (120). If a Best and Final Offer is requested pursuant to a
Request for Proposals, a Responder shall hold its Offer open for one hundred twenty (120) days from the Best and Final Offer
due date.
4.7 Waiver and Rejection Rights. Notwithstanding any other provision of the Solicitation, the County reserves the right to:
4.7.1 Waive any minor informality;
4.7.2 Reject any and all Offers or portions thereof; or
4.7.3 Cancel the Solicitation.
Uniform Instructions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 17 of 37
5 AWARD
5.1 Number or Types of Awards. The County reserves the right to make multiple awards or to award a Contract by individual line
items or alternatives, by group of line items or alternatives, or to make an aggregate award, or regional awards, whichever is
most advantageous to the County. If the Procurement Officer determines that an aggregate award to one Responder is not in
the County’s best interest, “all or none” Offers shall be rejected.
5.2 Contract Inception. An Offer does not constitute a Contract nor does it confer any rights on the Responder to the award of a
Contract. A Contract is not created until the Offer is accepted in writing by the Board of Supervisors, County Manager, Chief
Financial Officer, or their designee’s signature on the Offer and Acceptance Form. A notice of award or of the intent to award
shall not constitute acceptance of the Offer.
5.3 Effective Date. Th e effective date of this Contract shall be the date that the Board of Supervisors, County Manager, Chief
Financial Officer, or their designee signs the Offer and Acceptance form or other official contract form, unless another date is
specifically stated in the Contract or Contract Award.
6. Protests
6.1 Protests. A protest shall comply with and be resolved according to the Pinal County Procurement Code Article 9 and rules
adopted thereunder. Protests shall be in writing and be filed with both the Procurement Officer of the purchasing agency and
with the Finance Director. A protest of a Solicitation shall be received by the Procurement Officer before the Offer due date. A
protest of a proposed award or of an award shall be filed within ten (10) days after contract award. A protest shall include:
6.1.1 The name, address and telephone number of the protester;
6.1.2 The signature of the protester or its representative;
6.1.3 Identification of the purchasing agency and the Solicitation or Contract number;
6.1.4 A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and
6.1.5 The form of relief requested.
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 18 of 37
1. Statement of Work
The Contractor, under the general supervision of the County, shall perform services as are necessary for the Work Assignment
and according to the directions and designated standards of the County, and in accordance with the Statement of Work. It is
understood and agreed that the County’s authorized representative shall be the Department of Public Works Director or his/her
duly authorized representative, hereinafter called the “Agent”. For purposes of this contract, the Agent’s duly authorized
representative shall be the Project Manager and he/she shall be the sole contact for administering this contract.
Contractor shall provide services, and complete in a workmanlike and substantial manner and to the satisfaction of the
Department of Public Works Director, Job Order assignments for the County, and furnish at its own cost and expense all
necessary machinery, equipment, tools, apparatus, and labor to complete the work in the most substantial and workmanlike
manner according to the Specifications and Work Assignment on file with the County and such modifications of the same and
other directions that may be made by the County as provided herein. The Contractor shall meet periodically wi th the County
Agent so as to keep the County informed of the progress of the work in accordance with each work assignment.
2. Contract Documents:
2.1 The Contract Documents. (Plans, Specifications, Addenda, if any, Affidavits, Performance Bond, Payment Bond, Certificates of
Insurance and Change Orders, if any) are by this reference made a part of this Contract and shall have the same effect as
though all of the same were fully inserted herein.
2.2 Contract Document Consolidation. At its sole option, following any contract award(s) the County may consolidate the resulting
contract documents. Examples of such consolidation would include (i) reorganizing solicitation documents and components of
the Contractor’s Offer only pertaining to the Solicitation; (ii) revising the Statement of Work to incorporate the Contractor’s
response, (iii) revising any terms and conditions to incorporate any changes in the Contractor’s Offer; (iv) excluding any
components of the Contractor’s Offer that were not awarded. Contract document consolidation shall not materially change the
Contract.
3. Time of Completion:
Contractor further covenants and agrees at its own proper cost and expense, to complete all work for the construction of assigned
Job Orders and to completely construct the same and provide the services therein, as called for by this agreement free and clear
of all claims, liens, and charges whatsoever, in the manner and under the conditions specified within the time, or times, stated
in the Work Assignment.
4. Contract Term, Extension, Price Adjustment:
The term of any resultant contract will commence on the date of award and will continue for one year unless canceled, termina ted
or extended as otherwise provided herein. The contract shall no bind nor purport to bind, the County for any contractual
commitment in excess of the original contract period. The County shall have the sole option to extend the contract for four (4)
additional one (1) year periods or a portion thereof. If the County exercises such rights, all terms, conditions and provisions of
the original contract shall remain in the same and apply during the extension period.
The Procurement Officer may review a fully documented request for a price increase only after the Contract has been in effect
for two years. Any requested increase(s) shall be based on an unmitigateble cost increase to the Contractor that was clearly
unpredictable at the time of the Offer and is directly correlated the cost of the goods or services contractually covered. A price
increase adjustment shall only be considered at the time of a contract extension and shall be a factor in the extension review
process. Requests for adjustment must be received by the Procurement Officer 120 days prior to contract renewal. The County
shall have the right to request and receive additional information, statistics, financial records etc., and to direct the content, form
and format of the presentation as it deems necessary to validate the Contractor’s request for a price adjustment. Failure to
respond to the County’s request within the time frame specified shall nu llify the Contractor’s request. The County shall determine
whether the requested price increase is in its best interest and adjustments shall be subject to availability of monies appro priated.
Price reductions may be submitted to or requested by the County for consideration at any time during the Contract period. The
County, at its own discretion may accept a price reduction. Price reductions will become effective upon acceptance by the
Department.
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 19 of 37
The price increase adjustment, if approved, will be effective upon the date of the contract extension. Price reductions will become
effective upon acceptance by the County.
5. Eligible Agencies (Cooperative Usage):
This contract shall be for the permissive use by Pinal County. The County has entered into various purchasing agreements with
other Arizona government entities in order to conserve resources, reduce overhead and purchase costs and improve delivery
time. The contract resulting from this Solicitation may be extended for use by other municipalities, school districts and
government agencies in the State of Arizona with the approval of the Contractor. Orders placed by other agencies and payment
thereof will be the sole responsibility of that agency. The County shall not be responsible for any disputes arising out of
transactions made by others.
6. Payments:
6.1 Compensation. As full consideration for the satisfactory performance by the Contractor of Work prescribed under the Contract,
the County shall pay Contractor the amounts specified in the individual Job Orders.
6.2 Invoices. Contractor shall submit invoices to:
Pinal County Finance Department
PO Box 1348 OR FinanceInvoices@pinalcountyaz.gov
Florence, AZ 85132
6.3 Job Order Cost Proposal Structure. For each Job Order, the Contractor shall prepare a Job Order Cost Proposal with the
sufficient level of cost detail as required by the County. Cost detail may include, but is not limited to: schedule of values, work
schedule, direct labor cost and fringe benefits, direct material costs (supported by quotes), direct equipment costs (supported
by quotes), cost of subcontractors (supported by quotes), and allowable indirect costs (includes insurance). The Contractor
shall utilize the markups established in the JOC Bid Table to calculate the overhead and profit for all Job Order Cost Proposals,
unless otherwise requested by the County. Profit on subcontractors/subconsultants shall not exceed 5 percent.
6.4 Progress Payments. Should an individual Job Order require more than thirty (30) days to complete, The County shall make
progress payments monthly as the Work proceeds, or at more frequent intervals as determined by the County, on estimates of
Work completed submitted by the Contractor and approved by the County. Contractor shall use an acceptable invoice from and
shall include supporting documents to reflect a breakdown of the total price showing the amount included therein for each
principal category of the Work, in such detail as requested, to provide a basis for determining progress payments. In the
estimation of Work completed, the County will authorize payment for material delivered on the site and preparatory work done if
Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform
the Work.
6.5 Owner’s Property. All material and work covered by progress payments made shall, at the time of payment, become the sole
property of the County. But this provision shall not be construed as:
6.5.1 Relieving the Contractor from t he sole responsibility for all material and Work upon which payments have been made
or the restoration of any damaged Work; or
6.5.2 Waiving the right of the County to require the fulfillment of all the terms of the Contract.
6.6 Approval and Certification. An estimate of the Work submitted shall be deemed approved and certified for payment after seven
days from the date of submission unless before that time the County or the County’s agent prepares and issues a specific written
finding setting forth those items in detail in the estimate of the Work that are not approved for payment under this contract. The
County may withhold an amount from the progress payment sufficient to pay the expenses the County reasonably expects to
incur in correcting the deficiency set forth in the written finding. The progress payment shall be paid on or before thirty days
after the estimate of the Work is certified and approved. The estimate of the Work shall be deemed received by the County on
submission to any person designated by the County for the submission, review or approval of the estimate of the Work.
6.7 Unpaid Amounts. The County shall pay all unpaid amounts due the Contractor under this Contract within thirty (30) days, after:
6.7.1 Completion and acceptance of the Work;
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 20 of 37
6.7.2 Presentation of a properly executed invoice;
6.7.3 Presentation of a fully executed Certificate of Performance provided by the County; or
6.7.4 Consent of Contractor’s surety, if any.
7. Termination:
The County hereby gives notice that pursuant to A.R.S. § 38-511 A, this contract may be canceled without penalty or further
obligation within three years after execution if any person significantly involved in initiation, negotiation, securing, drafting or
creating the contract on behalf of the County is, at any time while the contract or any extension of the contract is in effect, an
employee or agent of any other party to the contract in any capacity or a Contractor to any other party of the contract with respect
to the subject matter of the contract. Cancellation under this section shall be effective when written notice from the Public Works
Director of the County is received by all of the parties to the contract. In addition, the County may recoup any fee or comm ission
paid or due to any person significantly involved in initiation, negotiation, securing, drafting or creating the contract on behalf of
the County from any other party to the contract arising as a result of the contract.
8. Negotiation Clause:
Recovery of damages related to expenses incurred by Contractor for a delay for which the County is responsible, which is
unreasonable under the circumstances and which was not within the contemplation of the parties to the contract, shall be
negotiated between Contractor and the County. This provision shall be construed so as to give full effect to any provision in the
contract, which requires notice of delays, provides for arbitration or other procedure for settlement or provides for liquidated
damages.
9. Compliance with Laws:
Contractor is required to comply with all Federal, State and local ordinances and regulations. Contractor’s signature on this
contract certifies compliance with the provisions of the I-9 requirements of the Immigration Reform Control Act of 1986 for all
personnel that Contractor and any subcontractors employ to complete this project. It is understood that the County shall conduct
itself in accordance with the provisions of the Pinal County Procurement Code.
10. Anti -Discrimination Provision:
The Contractor shall comply with State of Arizona Executive Order No. 2009-9 and all other applicable Federal and State laws,
rules and regulations, including the Americans with Disabilities Act.
11. Indemnification:
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Pinal, its agents, representatives, officers,
directors, officials and employees, from any and all liability, demands, proceedings, suits, actions, claims, losses, costs and
damages of every kind and description, arising out of, resulting from or alleged to have resulted from the performance of the
Work. Contractor’s duty to indemnify and hold harmless Pinal, its agents, representatives, officers, directors, officials an d
employees shall arise in connection with all demands, proceedings, suits, actions, claims, workers’ compensation claims,
unemployment claims or employee’s liability claims, damages, losses or expenses (including but not limited to attorney’s fees,
court costs and/or arbitration costs and the cost of appellate proceedings) that are attributable to personal or bodily injury,
sickness, disease, death or injury to, impairment or destruction of property including loss of use resulting there from, caus ed by
or contributed to, in whole or in part, by any negligence, recklessness or intentional wrongful conduct, whether active or passive,
of Contractor, its employees, agents, representatives, any tier of Contractor’s subcontractors, their employees, agents or
representatives or anyone directly or indirectly employed by Contractor or its subcontractors or anyone for whose acts Contractor
or its subcontractor’s may be liable. The amount and type of insurance coverage requirements set forth in the Contract
Documents or remuneration of any insurance coverage herein provided shall in no way be construed as limiting the scope of
the indemnity in this paragraph. Such indemnity shall be required by Contractor from its subcontractors on behalf of Pinal.
12. Insurance Requirements:
Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company
or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++6. In lieu of State of
Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 21 of 37
business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any
insurance policies and forms must be acceptable to County.
All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under
the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this Contract.
Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by
County shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warr anty
shall not affect the County’s right to coverage afforded under the insurance policies.
The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-
insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall
be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure
payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
County reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required
insurance policies and/or endorsements. County shall not be obligated, however, to review such policies and/or endorsements
or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from,
or be deemed a waiver of County’s right to insist on strict fulfillment of Contractor’s obligations under this Contract.
The insurance policies required by this Contract, except Worker’s Compensation, and Errors and Omissions, shall name County,
its agents, representatives, officers, directors, officials and employees as Additional Insureds.
The policies required hereunder, except Workers’ Compensation, and Errors and Omissions, shall contain a waiver of transfer
of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials, and employees for
any claims arising out of Contractor’s work or service.
Contractor is required to procure and maintain the following coverages indicated by a checkmark:
Commercial General Liability
Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than
$1,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate and $2,000,000 General Aggregate
Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed
operations and blanket contractual coverage, and shall not contain any provision which would serve to limit third party action
over claims. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from
explosion, collapse or underground property damage.
Automobile Liability
Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single
limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s
owned, hired and non-owned vehicles assigned to or used in performance of the Contractor’s work or services under this
Contract.
Workers’ Compensation
Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s
employees engaged in the performance of the work or services under this Contract; and Employer’s Liability insurance of not
less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit.
Contractor waives all rights against County and its agents, officers, directors and employees for recovery of damages to the
extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability
insurance obtained by Contractor pursuant to this agreement.
Certificates of Insurance
Prior to commencing work or services under this Contract, Contractor shall furnish County with Certificates of Insurance in a
form acceptable to County, or formal endorsements as required by the Contract in the form provided by the County, issued by
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 22 of 37
Contractor’s insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Contract
are in full force and effect. Such certificates shall identify this contract number and title.
In the event any insurance policy(ies) required by this contract is(are) written on a “claims made” basis, coverage shall extend
for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of
Insurance.
If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the
expiration date.
Cancellation and Expiration Notice
Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days prior written notice to
County.
13. Israel Boycott Prohibited:
Contractor hereby certifies to Pinal County as follows: that it is not currently engaged in, and agrees for the duration of this
Contract to not engage in, a boycott of Israel pursuant to A.R.S. § 35-393.01(A). Further that a breach of this Certification shall
constitute a material breach of this Contract that is subject to penalties up to and including termination of this Contract and that
Pinal County retains the legal right to inspect the records of Contractor to ensure compliance with this Certification.
14. Performance of Work:
14.1 Job Order Agreement . Performance of the Work shall be undertaken only upon the issuance of written Job Order
Purchas Orders by the County. Job Orders shall be in accordance with the requirements specified in the Statement
of Work and shall set forth, with the necessary particularity, the following:
14.1.1 Contract number along with the Job Order Contractor’s name;
14.1.2 Job Order number and date;
14.1.3 The agreed Work and applicable technical specifications and drawings;
14.1.4 The agreed period of performance and, if required by the County, a work schedule;
14.1.5 The place of performance;
14.1.6 The agreed total price for the Work to be performed;
14.1.7 Submittal requirements;
14.1.8 The County’s authorized representative who will accept the completed Work;
14.1.9 Signatures by parties hereto signifying agreement with the specific terms of the Job Order; and
14.1.10 Such other information as may be necessary to perform the Work.
14.2 Job Order Contractor Duties and Obligations.
14.2.1 Permits & Responsibilities. Job Order Contractor shall be responsible for processing of drawings for
approval by appropriate oversight bodies; for obtaining any necessary licenses and permits; and for
complying with any Federal, State and municipal laws, codes and regulations applicable to the
performance of the Work. The County will reimburse Contractor for the actual, documented costs of
construction permits required for the performance of the Work. Contractor shall also be responsible for
all damages to persons or property that occur as a result of Contractor’s fault or negligence, and shall
take proper safety and health precautions to protect the Work, the workers, the public, and the property
of others. Contractor shall also be responsible for all materials delivered and work performed until
completion and acceptance of the entire Work, except for any completed unit of Work which may have
been accepted under the Contract.
14.2.2 Self -Performance by the Job Order Contractor. The Job Order Contractor shall be allowed to bid as a
subcontractor for work over $50,000 and if it is the lowest acceptable bidder. Any change orders for
self -performed work shall require pre-approval by the County.
14.2.3 Jobsite Superintendent. During performance of a Job Order and until the Work is completed and
accepted, Contractor shall directly superintend the Work or assign a competent superintendent who will
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 23 of 37
supervise the performance of Work and is satisfactory to the County and has authority to act for
Contractor.
Contractor will ensure that the site supervisor for the project is English proficient and that there is at
least one English proficient person at the construction site at all times work is being performed in order
to communicate with the County’s project manager.
14.2.4 Construction Layout. Contractor shall lay out its work in accordance with the Contract plans and
specifications and shall be responsible for all measurements in connection with the layout of the Work.
Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools,
materials, and labor required to layout any part of the Work. Contractor shall also be responsible for
maintaining and preserving all control points established by the County.
14.2.5 Survey Control Points. Existing survey markers (either brass caps or iron pipes) shall be protected by
the Contractor or removed and replaced under direct supervision of the County Engineer or his
designee. Survey monuments shall be constructed to the requirements of MAG Specifications, Section
405 and Standard Details. Lot corners shall not be disturbed without knowledge and consent of the
property owner. The Contractor shall replace benchmarks, monuments or lot corners moved or
destroyed during construction at no cost to the County. Contractor and his sureties shall be liable for
correct replacement of disturbed survey benchmarks except where the County elects to replace survey
benchmarks using their own forces.
14.2.6 Traffic Regulations. All traffic affected by this construction shall be regulated in accordance with City of
Phoenix – Traffic Barricade manual, latest edition.
At the time of the pre-construction meeting, 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 County 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 throughout the work area in an effective
manner and that motorists, pedestrians, bicyclists and workers are protected from hazards and
accidents.
All traffic control devices required for this project shall be the responsibility of the Contractor. The
Contractor shall place advance warnings; REDUCE SPEED, LOOSE GRAVEL, 25 MPH SPEED LIMIT
and DO NOT PASS signs in accordance with the Traffic 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 kept burning
from sunset until sunrise. All bar ricades and signs used by the Contractor shall conform to the standard
design, generally accepted for such purposes.
The Contractor shall insure 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 County at lease forty
eight (48) hours in advance for County personnel to temporarily relocate said signs. The County
Engineer or designee will re-set all traffic and street name signs to permanent locations when notified
by the Engineer that construction is complete unless otherwise stated in the specifications. Payment
for this item shall be made at the agreed upon contract allowance price for Traffic Control.
When determined necessary by the Contractor, an off-duty Pinal County Sherriff Officer shall be used
for traffic control. Contact shall be made through the Pinal County Sherriff’s Officer Representative,
Malita Arellano, 520-866-5109. Deputy time, including vehicle and equipment shall be measured by
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 24 of 37
the hour for each hour required to perform traffic control duties. Any time over three (3) hours shall be
measured by the hour.
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. Provide a flagman or officer to assist with this
operation.
During construction it may be necessary to alter traffic control. Alterations shall be in accordance with
the Traffic Barricade Manual.
No street within the project may be closed to through traffic or to local emergency traffic without prior
written approval of the County Engineer. Written approval may be given if sufficient time exists to allow
for notification of the public at least two (2) days in advance of such closing. Partial closure of streets
within the project shall be done in strict conformity with written directions to be obtained from the County
Engineer.
Caution should be used when excavating near intersections with traffic signal underground cable. Notify
the County Engineer twenty four (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 County
Engineer when underground conduit is to be severed by excavations at intersections. The Contractor
shall provide an off-duty uniformed Sheriffs Deputy 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 County Engineers satisfaction. Magnetic detector loops shall
under no circumstances be spliced.
The Contractor shall address how local access to adjacent properties will be handled in accordance
with the specifications herein.
Where crossings of existing pavement occur, no open trenches shall be permitted overnight, but plating
may be permitted if conditions allow as determined by the County Engineer or his designee. If plates
cannot be used, crossings shall be back-filled or the Contractor shall provide a detour.
14.2.7 Operations & Storage. Contractor shall confine all operations (including storage of materials) to areas
authorized by the County.
14.2.8 Cleaning Up & Refuse Disposal. Contractor shall at all times keep the site, including storage areas,
free from accumulations of waste materials. Before completing the Work, Contractor shall remove from
the premises any rubbish, tools, scaffolding, equipment and materials that are not t he property of the
County. Upon completing the Work, Contractor shall leave the site in a clean and orderly condition
satisfactory to the County.
Final cleanup of the premises shall be included in the period of performance of the Job Order.
Contractor shall be responsible for all construction refuse disposal containers and their removal from
the site.
Disposal of any hazardous materials not addressed and priced in the Job Order will be segregated for
disposal by the County unless the County requires the Contractor to dispose of the materials, in which
case, an equitable adjustment in the price will be negotiated and agreed.
14.2.9 Existing Improvements and Utilities. Contractor shall protect from damage all existing improvements
and utilities to or near the site and on adjacent property of third parties, the locations of which are made
known to or should be known by the Contractor. Contractor shall repair any damage to those facilities,
including those that are the property of third parties, resulting from failure to comply with the
requirements of the Job Order or failure to exercise reasonable care in performing the Work. If
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 25 of 37
Contractor fails or refuses to repair the damage promptly, the County may have necessary repair work
performed and charge the cost to the Contractor.
14.2.10 Safety. Contractor shall be responsible for compliance with all safety rules and regulations of the
Federal Occupational Safety and Health Act 1970 (OSHA), all applicable state and local laws,
ordinances, and regulations during the performance of the Work. Contractor shall indemnify the County
for fines, penalties, and corrective measures that result from the acts of commission or omission of
Contractor, its subcontractors, if any, agents, employees and assigns and its failure to comply with such
safety rules and regulations.
The County reserves the right to approve and monitor the Contractor’s safety policies and program
procedures as applied during performance of the Work. Failure to comply with safety po licies and
program procedures, once approved by Owner, shall be cause for the termination of the Job Order.
14.3 Owner Rights and Obligations.
14.3.1 Suspension of Work. Owner may order Contractor, in writing, to suspend, delay, or interrupt all or any
part of the Work for a period of time that the County determines reasonably appropriate.
If the performance of all or any part of the Work is suspended, delayed, or interrupted by an act of the
County in the administration of a Job Order or by the County’s failure to act within the time specified in
the Job Order, an adjustment shall be made for any increase in the cost of performance of the Job
Order necessarily caused by the suspension, delay or interruption, and the Job Order will be modified
in writing accordingly.
A claim under this subparagraph 13.3.1 shall not be allowed for any costs incurred more than thirty (30)
calendar days before Contractor shall have notified the County in writing of the act or failure to act (but
this requirement shall not apply as to a claim resulting from a suspension order), and unless the claim,
in an amount stated, is asserted in writing as soon as practicable after the termination of such
suspension, delay or interruption, but not later than the date of final payment under the Job Order.
14.3.2 County’s Right to Possession. The County shall have the right to take possession of or use any
complete or partially completed part of the Work. Before taking possession of or using any Work, the
County shall furnish the Contractor a list of items of work remaining to be performed or co rrected on
those portions of the Work that the County intends to take possession of or use. However, failure of
the County to list any item of Work shall not relive the Contractor of responsibility for complying with the
terms of this Contract. County possession or use shall not be deemed an acceptance of any Work
under this contract.
While the County has such possession or use, Contractor shall be relieved of the responsibility for th e
loss of or damage of the Work resulting from the County’s possession or use. Notwithstanding the
terms of subparagraph 14.2.1. If prior possession or use by the County delays the progress of the Work
or causes additional expense to the Contractor, an equitable adjustment shall be made in the Job Order
price or the period of performance, and the Job Order shall be modified in writing accordingly.
14.3.3 Other Contracts. The County may undertake or award other Contracts for additional work at or near
the site of Work under this contract. Contractor shall fully cooperate with the other Contractors and with
the County’s employees and shall carefully adapt scheduling and performing the Work under this
contract to accommodate the additional work, heeding any direction that may be provided by the
County. Contractor shall not commit or permit any act that will interfere with the performance of its Work
by any other contractor or by County employees.
14.3.4 Job Order Amendment. Job Orders may be amended by the County in the same manner as they are
issued.
14.3.5 Job Order Value. The maximum Job Order value is One Million Dollars ($1,000,000), except as
provided by §17.1.
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 26 of 37
15. Job Order Documents:
15.1 Specifications and Drawings. Anything mentioned in the specifications and not shown in the drawings or shown
on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In
case of differences between drawings and specifications, the drawings shall govern. In case of discrepancy either
in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the County, who
shall promptly make a determination in writing. Any adjustment by Contractor without such a determination shall
be at its own risk and expense. The County shall furnish from time to time such detail drawings and other
information as considered necessary, unless otherwise provided.
15.2 Show Drawings. Shop drawings include sketches, diagrams, layouts, schematics, descriptive literature,
illustrations, schedules, performance and test data, and similar materials furnished by Contractor to explain in detail
specific portions of the Work. The County may duplicate, use, and disclose in any manner and for any purpose
shop drawings delivered under the Contract. Show drawings means drawings submitted to the County by the
Contractor showing in detail:
15.2.1 The proposed fabrication and assembly of structural elements;
15.2.2 The installation (i.e. form, fit and attachment details) of materials or equipment, and
15.2.3 The construction and detailing of elements of the Work.
15.3 Shop Drawing Coordination. Contractor shall coordinate all shop drawings, and review them for accuracy,
completeness and compliance with Contract requirements and shall indicate its approval thereon as evidence of
such coordination and review. Shop drawings submitted to the County without evidence of Contractor’s approval
may be returned for resubmission. The County will indicate its approval or disapproval of the shop drawings and
if not approved as submitted shall indicate County’s reason therefore. Any work done before such approval shall
be at the Contractor’s risk. Approval by the County shall not relieve Contractor from responsibility for any errors or
omissions in such drawings, nor from responsibility for complying with the requirements of the Contract, except
with respect to variations described and approved in accordance with §14.3 below.
15.4 Shop Drawing Modification. If shop drawings show variations from the Job Order requirements, Contractor shall
describe such variations in writing, separate from the drawings, at the time of submission. If Owner approves any
such variation, Owner shall issue an appropriate Contract modification, except that, if the variation is minor and
does not involve a change in price or in time of performance, a modification need not be issued.
15.5 Shop Drawing Omissions. Omissions from the drawings or specifications or the mis-description of details of work
which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily
performed, shall not relieve Contractor from performing such omitted or mis-described details o f the Work but they
shall be performed as if fully and correctly set forth and described in the drawings and specifications.
15.6 Owner Furnished Drawings. Contractor shall check all County furnished drawings immediately upon receipt and
shall promptly no tify the County of any discrepancies. Any errors or omissions in the County furnished drawings
are the responsibility of the County to rectify, including associated costs. Figure marked on drawings shall be
followed in preference to scale measurements. Large scale drawings shall govern small scale drawings. Contractor
shall compare all drawings and verify the figures before laying out the Work and will be responsible for any errors
which might have been avoided thereby.
15.7 Show Drawing Submittal. Contractor shall submit to the County for approval an appropriate number of copies of
all shop drawings as called for under the various headings of these specifications. Sets of all shop drawings will
be retained by the County and one set will be returned to the Contractor with annotation of approval or rejection
within one (1) week after submission, unless a longer review period is necessary by mutual agreement between
the County and the Contractor.
15.8 Use of Job Order Documents. All drawings (to include as -built drawings), sketches, designs, design data,
specifications, note books, technical and scientific data provided to Contractor or developed by Contractor pursuant
to the Contract and all photographs, negatives, reports, findings, recommendations, data and memoranda of every
description relating thereto, as well as all copies of the foregoing relating to the Work or any part here of, shall be
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 27 of 37
the property of the County and may be used by the County without any claim by the Contractor for additional
compensation, unless such material developed by Contractor does not result in an issued Job Order. In such
cases, Contractor will receive reasonable reimbursement for the development of such materials before the County
uses them in any manner whatsoever. In addition, the County agrees to hold the Contractor harmless to the extent
permitted by law from any legal liability arising out of the County’s use of such material.
16. Contract Changes:
16.1 County Changes. The County may, at any time, without notice to the sureties, if any, by written order designated
or indicated to be a change order, make changes in the Work within the general scope of the Job Orders, including
changes:
16.1.1 In the specifications (including drawings and designs);
16.1.2 In County furnished facilities, equipment, materials, services, or site; or
16.1.3 Directing acceleration in the performance of the Work, or otherwise altering the schedule for
performance of the Work.
16.2 County Change Orders. Any other written order (which, as used in this paragraph, includes direction, instruction,
interpretation, or determination) from the County that causes a change shall be treated as a change order under
this section; provided, that the Contractor gives the County timely written notice stating the date, circumstances
and source of the order that Contractor regards the order as a change order.
16.3 Contract Adjustments. Except as provided in this section, no order, statement or conduct of t he County shall be
treated as a change under this section or entitle Contractor to an equitable adjustment hereunder.
16.4 Modification of the Job Order. If any change under this section causes an increase or decrease in Contractor’s
cost of, or the time required for, the performance of any part of the Work under a Job Order, whether or not changed
by any such order, the County shall negotiate an equitable adjustment and modify the Job Order in writing.
16.5 Contractor Proposals. Contractor must submit any proposal under this section within thirty (30) calendar days after:
16.5.1 Receipt of a written change order under section 16.1 above; or
16.5.2 The furnishing of a written notice under section 16.2 above by submitting to the County a written
statement describing the general nature and amount of the proposal, unless this period is extended by
the County. The statement of proposal for adjustment may be included in the notice under section 16.2
above.
16.6 Final Payment Limitation. No proposal by the Contractor for an equitable adjustment shall be allowed if asserted
after final payment under the Job Order.
16.7 Contractor Extension Justification. The Contractor shall furnish to the County a written proposal for any proposed
extension in the period of performance. The proposal shall contain a price breakdown and period of performance
extension justification.
16.8 Contractor Price Breakdown Structure. Contractor, in connection with any proposal it makes for a Job Order
change, shall furnish a price breakdown itemized as required by the County and the pricing matrix as required in
the awarded contract.
17. ARS Title 34 Provisions:
17.1 The maximum dollar amount of an individual job order shall be One Million Dollars ($1,000,000) or such higher or
lower amount prescribed by the County in an action notice pursuant to ARS Title 38, Chapter 3, Article 3.1 or a rule
adopted by the County as the maximum amount of an individual job order. Requirements shall not be artificially
divided or fragmented in order to constitute a job order that satisfies this requirement.
17.2 If the Contractor subcontracts or intends to subcontract part or all of the work under a job order and if this contract
includes descriptions of standard individual tasks, standard unit prices for standard individual tasks and pricing of
job orders based on the number of units of standard individual task in the job order, then:
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 28 of 37
17.2.1 The Contractor has a duty to deliver promptly to each subcontractor invited to bid a coefficient to the
Contractor to do all or part of the work under one or more job orders:
17.2.1.1 A copy of the description of all standard individual tasks on which the subcontractor is invited
to bid.
17.2.1.2 A copy of the standard unit prices for the individual tasks on which the subcontractor is invited
to bid.
17.2.2 If not previously delivered to the subcontractor, the Contractor has a duty to delivery promptly the
following to each subcontractor invited to or that has agreed to do any of the work included in any job
order:
17.2.2.1 A copy of the description of each standard individual task that is included in the job order and
that the subcontractor is invited to perform.
17.2.2.2 The number of units of each standard individual task that is included in the job order and that
the subcontractor is invited to perform.
17.2.2.3 The standard unit price for each standard individual task that is included in the job order and
that the subcontractor is invited to perform.
17.2.3 The County will include the full street or physical address of each separate location at which the
construction will be performed for each individual Job Order. The Contractor (and on behalf of each
subcontractor at any level) hereby agrees to include in each of its subcontracts the same address
information. The Contractor and each subcontractor at any level shall include in each subcontract the
full street or physical address of each separate location at which construction work will be performed.
18. Contract Administration and Operation
To the extent applicable Contractor shall comply with the following provisions.
18.1 Notice to Proceed/Ordering Authority. The Contractor agrees to render goods or services promptly and diligently
upon receipt of a written purchase order or notice to proceed. Prior to receiving this notice, Contractors shall not
commence any billable activities in the performance of the Contract. Any attempt to represent any product not
specifically awarded under this Contract is a violation of the contract. Any such action is subject to the legal and
contractual remedies available to the County, inclusive of, but not limited to, contract termination, suspension and/or
debarment of the Contractor. A signed Contract and valid purchase order must be in place prior to the start of any
work each year, including renewal periods.
18.2 Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall contractually require each
subcontractor to retain all data and other “records” relating to the acquisition and performance of the Contract for
a period of five years after the completion of the Contract. All records shall be subject to inspection and audit by
the County at reasonable times. Upon request, the Contractor shall produce a legible copy of any or all such
records.
18.3 Contractor Business Facilities and Business Practices. The Contractor’s personnel, facilities and equipment shall
be in full compliance with all applicable federal, state and local health, environmental and safety laws, regulations,
standards, ordinances, privilege license and permit requirements, whether or not they have been referenced by the
County.
Employee compensation shall meet all applicable requirements of the Fair Labor Standards Act and Federal and
Arizona minimum wage laws, in addition to all applicable OSHA regulations. The Contractor bears full responsibility
for employee training, safet y, and providing necessary equipment to achieve compliance with all such laws and
regulations prior to the contract commencement date and to maintain compliance throughout the duration of the
contract.
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 29 of 37
18.4 Affirmative Action. Contractor agrees to abide by the provisions of the County Affirmative Action Program.
Contractor, their subcontractor(s) and supplier(s) agree to adhere to a policy of equal employment opportunity
and demonstrate an affirmative effort to recruit, hire, promote and upgrade the position of employees
regardless of race, color, religion, ancestry, sex, age, disability, national origin, sexual orientation, gender
identity, familial status, or marital status and who agree and are responsive to the County's goals. Upon
request, the Responder/Contractor agrees to submit the following reports to the County's Office of Equal
Opportunity Programs:
Part A Employment Information Report
Part B. Equal Employment Opportunity/Affirmative Action Policy Plan;
Part C. Employer Equal Employment Opportunity (EEO) Workforce Profile.
All such reports on file with the Equal Employment Opportunity Office will be updated at least annually. The
Equal Employment Opportunity Office may for good cause recommend to the County's Chief Financial Officer
that failure to comply with the requirements of this subsection be waived and that the submittal be accepted
contingent upon receipt of the required reports before a notice to proceed is issued.
18.5 Drug Free Workplace Program. Contractors are hereby advised that Pinal County has adopted a policy
establishing a drug free workplace for itself and as a requirement for Contractors doing business with the County,
to ensure the safety and health of employees working on its contracts/projects. The Contractor shall require a
drug free workplace for all employees working under the contract. Specifically, all Contractor employees who
are working under this contract shall be notified in writing by the Contractor that they are prohibited from the
manufacture, distribution, dispensation, possession or unlawful use of a controlled substance in the workplace.
The Contractor agrees to prohibit the use of intoxicating substances by all employees and shall ensure that
employees do not use or possess illegal drugs while in the course of performing their duties. Failure to require
a drug free workplace in accordance with the Policy may result in termination of the contract and possible
debarment from bidding on future contracts/projects.
18.6 Audit. Pursuant to ARS § 35-214, at any time during the term of this Contract and six (6) years thereafter, the
Contractor’s or any subcontractor’s books and records shall be subject to audit by the County and, where
applicable, the Federal Government, to the extent that the books and records relate to the performance of the
Contract or Subcontract.
18.7 Facilities Inspection and Materials/Service Testing . The Contractor agrees to permit access to its facilities,
subcontractor facilities and the Contractor’s processes or services, at reasonable times for inspection of the
facilities or materials covered under this Contract. The County shall also have the right to test, at its own cost,
the materials to be supplied under this Contract. Neither inspection of the Contractor’s facilities nor materials
testing shall constitute final acceptance of the materials or services. If the County determines non-compliance
of the materials, the Contractor shall be responsible for the payment of all costs incurred by the County for testing
and inspection. All material or service is subject to final inspection and acceptance by the County. Material or
service failing to conform to the specifications of this contract shall be held at Contractor’s risk and may be returned.
If defective goods are returned or services must be re-performed, all costs are the responsibility of the Contractor.
18.8 Notices. Notices to the Contractor required by this Contract shall be made by the County to the person indicated
on the Offer and Acceptance form submitted by the Contractor unless otherwise stated in the Contract. Notices
to the County required by the Contract shall be made by the Contractor to the Solicitation Contact Person
indicated on the Solicitation cover sheet, unless otherwise stated in the Contract. An authorized Procurement
Officer and an authorized Contractor representative may change their respective person to whom notice shall be
given by written notice to the other and an amendment to the Contract shall not be necessary.
18.9 Advertising, Publishing and Promotion of Contract. The Contractor shall not use, advertise or promote
information for commercial benefit concerning this Contract without the prior written approval of the Procurement
Officer.
18.10 Property of the County. Any materials, including reports, computer programs and other deliverables, created
under this Contract are the sole property of the County. The Contractor is not entitled to a patent or copyright
on those materials and may not transfer the patent or copyright to anyone else. The Contractor shall not use or
release these materials without the prior written consent of the County.
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 30 of 37
18.11 Offshore Performance of Work Prohibited . Due to security and identity protection concerns, direct services under
this contract shall be performed within the borders of the United States. Any services that are described in the
specifications or scope of work that directly serve the Pinal County or its clients and may involve access to secure
or sensitive data or personal client data or development or modification of software for the State shall be
performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this
definition does not apply to indirect or 'overhead' services, redundant back-up services or services that are
incidental to the performance of the contract. This provision applies to work performed by subcontractors at all
tiers.
18.12 Ownership of Intellectual Property . Any and all intellectual property, including but not limited to copyright,
invention, trademark, tradename, service mark, and/or trade secrets created or conceived pursuant to or as a
result of this contract and any related subcontract (“Intellectual Property”), shall be work made for hire and the
County shall be considered the creator of such Intellectual Property. The Pinal County department requesting
the issuance of this contract shall own (for and on behalf of the County) the entire right, title and interest to the
Intellectual Property throughout the world. Contractor shall notify the County, within thirty (30) days, of the
creation of any Intellectual Property by it or its subcontractor(s). Contractor, on behalf of itself and any
subcontractor (s), agrees to execute any and all document(s) necessary to assure ownership of the Intellectual
Property vests in the County and shall take no affirmative actions that might have the effect of vesting all or part
of the Intellectual Property in any entity other than the County. The Intellectual Property shall not be disclosed
by contractor or its subcontractor(s) to any entity not the County without the express written authorization of the
Pinal County department requesting the issuance of this contract.
18.13 Confidentiality of Records. The Contractor shall maintain the confidentiality and privilege of any documents that
the Contractor has access to which have been designated by the County as confidential or privileged. The
Contractor shall establish and maintain procedures and controls that are acceptable to the County for the purpose
of assuring that no information contained in its records obtained from the County or from others in carrying out
its functions under the contract shall be used by or disclosed by it, its agents, officers, or employees, except as
required to efficiently perform duties under the contract. Persons requesting such information should be referred
to the County. Contractor also agrees that any information pertaining to individual persons shall not be divulged
other than to employees or officers of Contractor as needed for the performance of duties under the contract,
unless otherwise agreed to in writing by the County.
18.14 Federal Immigration and Nationality Act. The contractor shall comply with all federal, state and local immigration
laws and regulations relating to the immigration status of their employees during the term of the contract. Further,
the contractor shall flow down this requirement to all subcontractors utilized during the term of the contract. The
County shall retain the right to perform random audits of contractor and subcontractor records or to inspect
papers of any employee thereof to ensure compliance. Should the County determin e that the contractor and/or
any subcontractors be found noncompliant, the County may pursue all remedies allowed by law, including, but
not limited to; suspension of work, termination of the contract for default and suspension and/or debarment of
the contractor.
18.15 E-Verify Requirements. In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all Federal
immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-
214, Subsection A.
19. Price Adjustment for Bituminous Materials
19.1 Description
Price adjustment shall be calculated based on price changes of bituminous material occurring between the submittal
deadline date for the JOC technical and price proposals and the date that the material is delivered or used. Price adjustment
shall be bi-directional, potentially increasing or decreasing contract payments.
The term "bituminous material" as used herein shall include asphalt cement, liquid asphalt and emulsified asphalt and shall
apply only to specific pay items requiring these materials.
The contract unit price for each item of bituminous material shall include all costs for furnishing, hauling, handling,
spreading, and mixing of the material required, including the "initial cost" of bituminous material and all applicable taxes,
bonds, and insurance premiums; but excluding any difference in the cost of bituminous material that occurs between the
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 31 of 37
submittal deadline date for the JOC price proposal and the date that the material is delivered or used and the cost of taxes,
bonds and insurance directly attributed to the price adjustment amount for bituminous materials.
19.2 Measurement Emulsified Asphalt
The tons of emulsified products to which the adjustment will be applicable will be the tons of the bituminous material within
the emulsion. The Contractor shall weigh or measure the truck or trailer tank prior to and after placing the emulsion and will
be paid based upon the difference in the weight.
19.3 Payment
The "initial cost" of asphalt cement, liquid asphalt and emulsified asphalt will be the quarterly cost determined by the Arizona
Department of Transportation (ADOT) based on selling prices of asphalt and all materials published by the ADOT.
The bituminous material "initial cost" price is issued each month in memorandum form by ADOT's Contract and
Specifications Section of the Intermodal Transportation Division under "Price Adjustment for Bituminous Material" title. The
price is the arithmetic average of the high and low selling prices for asphalt cement shown for the previous quarter in the
ADOT escalator.
This price will be deemed to be the "initial cost" for bituminous material of all types, grades, etc., on projects on which bids
are opened during the following month. This price may be obtained from the ADOT website:
http://www.azdot.gov/business/ContractsandSpecifications/PriceAdjustmentforBituminousMaterialandDieselFuel
For each item of bituminous material for which there is a specific pay item, an adjustment in compensation will be made for
either an increase or decrease in the price of asphalt cement as shown in the ADOT memorandum, current for the date of
use of the material, as compared to the "initial cost".
Adjustments in compensation for emulsified asphalt will be made for the bituminous material prior to dilution.
The tons of bituminous materials which are paid for on an invoice basis to which the adjustment will be applicable are the
tons which have been delivered to the project and subsequently incorporated into the work. The adjustment will be
applicable on the date of use of the bituminous material.
Price Adjustment for Bituminous Materials shall include an adjustment for the actual change in cost of premiums on required
payment and performance bonds, the actual change in cost of premiums for property damage and/or public liability
insurance, and the change in sales tax (identified in Section 109.2.3) liability incurred as a result of the price adjustment for
bituminous materials. The Contractor shall provide documentation to determine the adjustment for the actual change in cost
of premiums on required payment and performance bonds, property damage and/or public liability insurance, and sales tax.
No additional compensation will be made for any additional or increased charges, costs, expenses, etc., which the
Contractor may have incurred since the time of the Price proposal submittal which may be the result of any increase in the
"initial cost" of bituminous material.
The Price Adjustment for Bituminous Materials will be made in the next regular payment following actual use or
application of the bituminous material and may cause an increase or decrease in payments. Quarterly billing shall be
identified as:
Quarter 1; July - September, released end of June
Quarter 2; October -December, released end of September
Quarter 3; January - March, released end of December
Quarter 4; April - June, released end of March
Addendum
Acknowledgement Form
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 32 of 37
ADDENDUM ACKNOWLEDGEMENT FORM
Solicitation Addendums are posted on the Pinal County website at the following address:
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx . It is the responsibility of the Responder to periodically check this
website for any Solicitation Addendum.
This page is used to acknowledge any and all addendums that might be issued. Any addendum issued within five days of the
solicitation due date, will include a new due date to allow for addressing the addendum issues. Your signature indicates that you took
the information provided in the addendums into consideration when providing your complete response.
Please sign and date:
ADDENDUM NO. 1 Acknowledgement
Signature Date
ADDENDUM NO. 2 Acknowledgement
Signature Date
ADDENDUM NO. 3 Acknowledgement
Signature Date
If no addendums were issued, indicate below, sign the form and return with your response.
Firm
W-9 Form
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 33 of 37
W-9 FORM
Download W -9 Form from http://www.irs.gov/pub/irs-pdf/fw9.pdf
Responder’s Checklist
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 34 of 37
RESPONDERS CHECKLIST
Yes/No
Did you include your signed Offer sheet?
See Page 34 & 35 of this solicitation.
Did you acknowledge all addendums, if any?
See page 31. Any addendums would be uploaded in Bonfire.
Did you complete and include all required Response Forms?
Any Response forms would be available in Bonfire.
Did you include your W-9 Form?
See page 32 of this solicitation.
Did you include any necessary attachments?
Did you follow the order for submissions of documents?
See Section 2.4 – Offer format in the Special Instructions of this solicitation.
Did you include proof of insurance(s) if requested?
Offer and Acceptance
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 35 of 37
OFFER AND ACCEPTANCE FORM
TO PINAL COUNTY:
The undersigned hereby offers and agrees to furnish the material, service, or construction in compliance with all terms,
conditions, specifications, and amendments in the Solicitation.
Authorized Signature Title
________________________________________________________________________
Printed Name Date
________________________________________________________________________
Company Name Telephone
Address City, State, Zip
For clarification of this offer, contact:
Name:_______________________________________ Phone:_____________________ Fax:___________________
Email: _______________________________________________________
ACCEPTANCE OF OFFER
(For Pinal County Use Only)
The offer is hereby accepted and the Responder is now bound to sell or provide the materials, services, or construction
as indicated by the Purchase Order or Notice of Award and based upon the solicitation, including all terms, conditions,
specifications, amendments, etc. and the Offer as accepted by Pinal County.
The contract is for: JOC Asphalt Maintenance & Repair Services
This contract shall henceforth be referenced to as Contract No. 175923. The Offeror is cautioned not to commence
any billable work or to provide any material or service under this contract until Offeror receives an executed purchase
order or notice to proceed.
Awarded this
day of
2018.
Name (Print) Title Signature
Approved as to form:
Pinal County Attorney’s Office
Offer and Acceptance
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 36 of 37
OFFER AND ACCEPTANCE FORM – Page 2
By signing the previous page of the Offer and Acceptance Form, Responder certifies:
A. The submission of the bid did not involve collusion or other anti-competitive practices.
B. The Responder shall not discriminate against any employee or applicant for employment in violation of Federal
Executive Order 11246.
C. The Responder 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 public servant in connection with the
Submittal.
D. The Responder certifies that it complies with Executive Order 12549 related to Federal Government Debarment and
Suspension (see 4-7)
E. The Responder certifies that the individual signing the bid is an authorized agent for the Responder and has the
authority to bind them to the contract.
_____________________________________________
Company Name
_____________________________________________
Authorized Signature
End of Solicitation
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 37 of 37
PINAL COUNTY
Pinal County Finance Department
31 N. Pinal Street, PO Box 1348
Florence, AZ 85132
520-866-6526
Contract Amendment
Contract 175923ROQ
Amendment # 3
Procurement Officer: Lorina Gillette
Lorina.Gillette@pinal.gov
JOC Asphalt Maintenance & Repair Services
Contactor Name: Cactus Asphalt
Pursuant to Section 4 (Contract Term, Extension, Price Adjustment) the above referenced contract shall be amended as
follows:
1.The term of this contract is hereby extended through June 26, 2022.
2.All other Terms, Conditions, and Pricing remain the same.
Pinal County hereby executes its right to unilaterally amend the above referenced contract on this date.
X 06/09/2021
Date
Pinal County Board of Supervisors
IFB 175923 – Asphalt Maintenance & Repair Services
Page 1 of 18
RESPONDER PROFILE
Cactus Transport, Inc.
DBA Cactus Asphalt
8211 West Sherman Street
Tolleson, AZ 85353
Representative: Jeff Smith, Project Manager
(602) 618-7405
jsmith@cactusasphalt.com
QUESTION SET – Method of Approach
2.0.1
QUESTION: Describe your experience in the advantages and disadvantages of the JOC
alternative delivery method compared to traditional design-bid-build.
RESPONSE:
Holding multiple Job Order Contracts (JOCs) over the past 14 years has given Cactus Asphalt
(Cactus) insight into the world of alternative delivery methods commonly used with JOCs. Overall
the experience has been positive for us which is why we’ve had nine JOCs renewed over the past
three years with multiple agencies.
We believe advantages for the JOC delivery method include the following:
Flexibility – Both for the contractor and agency, a JOC gives flexibility for procuring and scheduling
work as the two come together early in the stage to determine the proper time and season to perform
work.
Partnership – The agency and contractor act as partners throughout design, procurement and
construction working towards the same ultimate goal of a quality end product.
Quality – With the JOC delivery method the contractor and owner can focus on quality products,
companies and practices. Cactus has developed a quality control program that includes oversight
by our in-house QC manager which allows us to be on the forefront of new and developing
technologies and products in construction. We also focus on procuring and keeping quality
subcontractors that align with our vision of the project.
Open Communication – Early on in the process Cactus will set up a meeting with the agency and all
key employees to launch the kick off for the JOC. This happens before work is scheduled or procured
so all parties can get to know each other.
Scheduling – As Cactus partners with multiple agencies, we have become accustomed to pre-
scheduling anticipated work needed in the future seasons when capacity is decreased (this is
especially true for paving and chip sealing). We regularly block out dates early in the year in
anticipation of JOC projects that can be determined at a later date.
IFB 175923 – Asphalt Maintenance & Repair Services
Page 2 of 18
End of the Year Funding – Some JOC projects are assigned towards the end of the fiscal year with
a hard date to complete so that funds can be expended. This is not typically the case with design-
bid-build projects as they are usually funded pre-bid and have an end date that does not constrain
to the end of the fiscal year. Though this might sound negative, Cactus has turned this into a positive
throughout our years successfully completing JOC projects. With our multiple crews, Cactus can
schedule a job properly and complete it within of the fiscal year timeframe. We are also able to price
our projects quickly so that the owner can map out their spending throughout the year.
With our JOC experience over multiple years, we believe that there is no disadvantage with the JOC
alternative delivery method compared to traditional design-bid-build. With a JOC, the contractor and
owner come together as a team focused on the best interest of the end users of the product and
most often the public. This team can work together for many years developing a professional
relationship with trust and respect that no design-bid-build project can; whereas the hard-bid market
(design-bid-build) creates an adversarial relationship at the start. The contractor has to bid as low
as possible to get the job and will fight over every change to get the most they can through change
orders if necessary. All this is avoidable with JOC and alternative delivery methods.
2.0.2
QUESTION: Describe successful processes your company has developed for prior work that
specifically parallels the JOC process. Provide specific details and methodology to
demonstrate why each process was successful including advantages over commonly utilized
processes. Include a description of the software system(s) successfully used by your
company for project estimating, planning, scheduling and managing construction and the
unique processes you’ve developed for its use in JOC (or comparable) contracts.
RESPONSE:
Processes that have been developed for JOC and other work include a single point of contact,
team involvement from pre-construction to punch-list, a timeline for procurement, and cross-
training employees.
Single Point of Contact – Cactus will assign a person as the single-point-of-contact for this JOC.
Their involvement is from start to finish on all Job Order Assignments (JOAs). They will be with the
agency for pre-design and design services, they will assist the Senior Estimator in putting together
all pricing. They will help coordinate the pre-construction and assist in scheduling the work. When
work is being performed they will be involved in the day to day operations. And finally, they will be
there for the punch list walk through and sign off with the agency. We have seen this process
improve our communication and production with JOCs as the Single-Point-of-Contact helps guide
the JOC from start to finish.
Team Involvement – Cactus will not only have the Single-Point-of-Contact involved, but during pre-
construction and cost assembly, the Senior Estimator will provide estimates and assist with
acquiring subcontractors (if needed). Once the pre-construction is initiated the Division Manager
and Project Superintendent will be there to help with construction start-up and close-out. During
no point in a project’s life will the agency be without the Cactus team.
Procurement Timeline – Over the past few years Cactus has developed a timeline that assists in
procuring JOC and alternative delivery work. Once the project is defined and site visits are
performed, our team goes into action. Depending on the size and scope of the project, we can
provide a price proposal in as little as 72 hours or up to 1 week. This enables the agency to have
the information in front of them quicker so they can make an informed decision on how the work
will commence, either to go ahead as planned or adjust scope for any reason.
IFB 175923 – Asphalt Maintenance & Repair Services
Page 3 of 18
Cross Training Employees and Crews – Cactus has established a cross-training program for our
various crews so they can perform a variety of services and applications required to keep up with
agency demands or schedule. For instance, our concrete crews can provide crack sealing, fog
sealing, seal coating, and patching services. The more skills the crews have, the more efficient the
project.
Systems used for estimating, planning, scheduling, and managing construction include the
following:
Estimating – Cactus uses various take-off software to determine areas and volumes; including
AGTEK Software for digitizing plans and calculating volumes, and Plan Swift for on-screen take-
offs f or linear footage and area measurements. Cactus uses Bid 2 Win software for generating
accurate cost estimates concerning each phase and scope of work for each JOA.
Planning & Scheduling – Cactus utilizes Microsoft Project software for generating a Gantt chart
schedule. Cactus has a full-time scheduler that controls the master schedule of our various crews.
The Single-Point-of-Contact will work with the project scheduler to make sure time is secured for
crews and supervision to perform and manage work.
Managing Construction – Timberline and Build 2 Win software are used for tracking construction
progress and JOA costs. The crew foreman will enter daily quantities and crew time at the end of
each shift. This information ties into Bid 2 Win to compare progress to the budget. Invoices can
be created off these imported quantities for easy billing of jobs that can take place weekly or
monthly.
These systems have been integrated into the Cactus culture and are used on all projects from JOC
projects to traditional design-bid-build projects. With these systems, Cactus is able to effectively
manage and control work for productivity and quality.
2.0.3
QUESTION: Discuss the key components and advantages of your company’s selection
process for subcontractors. Demonstrate your understanding of the County’s requirement
that subcontractor selection must be based on qualifications alone or a combination of
qualifications and price, not on price alone. Provide a detailed proposed Subcontractor
Selection Plan attached as an appendix.
RESPONSE:
Through JOC involvement, Cactus has learned that a quality subcontractor is invaluable to the
process and project. We have developed a subcontractor selection plan that not only takes price
into consideration but also five additional criteria as listed below:
Previous work performance - the ability to show up on time and deliver quality is valued in a
subcontractor despite the number of contracts they perform on. We value a subcontractor that treats
each project as important as the rest.
Partnering Ability – Cactus chooses subcontractors that can adapt to the “Team” model with a
cohesive vision of project goals in mind.
Cost control and pricing – The ability to stay within budget is valued as we focus on the best product
for the best value.
IFB 175923 – Asphalt Maintenance & Repair Services
Page 4 of 18
Safety program – Cactus will only choose subcontractors that have qualified safety programs in place
and implement the use of them through all phases of work.
Overall quality of their work – Cactus considers previous work history and performance as a
measuring tool for quality. Quality work is often placed above lower price, due to avoidance of
warranty and punch list items that can come up at the end of projects.
All of these traits are considered when selecting subcontractors to become part of our team on JOC
projects. Sometimes the lowest price is the best; other times quality and safety out-weigh a low
price.
2.0.4
QUESTION: Discuss the Contractor’s intention of self-performance for each Job Order
Assignment and indicate percentage of self-performance you intend to provide under this
contract. Remember that Pinal County requires a minimum of 51% of work be self-
performance.
RESPONSE:
It is the intention of Cactus to self-perform as much of the JOA work as possible acknowledging that
there are items of work that will need to be subcontracted. We will absolutely maintain a minimum of
51% per JOA as provided below. The self-performed work is based on Cactus’ capability and the
items listed in ROQ Section 2. Based on the scope of services of this JOC, Cactus anticipates
performing more than 51% of the services as shown in the Self-Performed vs Subcontracted list
below.
Self-performed:
Obtain all necessary permits, required to complete the JOA, including but not limited to; Engineering
Off-site, haul route, stockpile, SWPPP, dust control, traffic control plans, etc.
Placing asphalt pavements including full depth sections, overlays, patches and repairs.
Pavement maintenance and rehabilitation; including but not limited to; crack sealing and joint sealing,
crack routing and large crack repair, applying various types of surface treatments including fog seal,
scrub seal, slurry seal, chip seal, other asphalt rejuvenation methods, milling and/or roadway
profiling, saw cutting and removing both asphalt and concrete pavements.
Minor subgrade preparation including compacting native soil, placing and compacting ABC, millings,
soil stabilization and grading.
Minor earthwork: site rough and finishing grade.
Maintaining shoulders including grading, placement of surface treatment and sealing.
Subcontracted:
Signing and striping including, survey of existing striping and signing, providing and installing project
signs, obliteration of striping, layout and installing striping, symbols, raised pavement markers and
signage.
Combination of self-performed and subcontracted depending on crew availability and size of work:
Preparing traffic control plans, providing traffic set-up in accordance with the approved traffic control
plans and barricading work areas.
IFB 175923 – Asphalt Maintenance & Repair Services
Page 5 of 18
2.0.5
QUESTION: Discuss what efforts the Contractor would initiate to meet the project budget
and schedule during the negotiation process.
RESPONSE:
The Single-Point-of-Contact and Senior Estimator will be involved in the negotiation process. To
develop a proper budget, a complete scope of work will be agreed upon by the County and Cactus.
If the cost of work falls outside the budget, Cactus will work hand-in-hand with the County on either
reducing the scope, cutting unnecessary work out or by partnering with their subs and suppliers to
convey the needs of the County. The same efforts will be applied to the schedule. If there is not
enough time or days to complete the work as is, Cactus can look at double shifts or weekend work
to complete it within the time allotted. This can also be mitigated by early planning and blocking out
days ahead of schedule.
QUESTION SET – Qualifications and Experience of Contractor
3.0.1
QUESTION: Provide a general description of all services provided by the Contractor or team
that is proposing to provide JOC services. Indicate all services provided by each team
member. Include information for any specific subcontractor to be utilized for all work of a
certain type.
RESPONSE:
Cactus has been providing 85% of the services requested by the County for over eight years. The
Cactus Team will provide the following services: Obtaining all necessary permits; Placing asphalt
pavements including full depth sections, overlays, patches and repairs; Pavement maintenance and
rehabilitation; minor subgrade preparation; rough and finishing grade.
Cactus team members assigned to the County’s JOC and services provided include:
Jeff Smith, Project Manager and single-point-of-contact, will be responsible for project oversight,
including obtaining all necessary permits and preparing traffic control plans, providing traffic set-up
in accordance with the approved traffic control plans and barricading work areas.
Jeff Abram, Senior Estimator is responsible for estimating and pre-construction services.
Scott McMorine, Chip Seal and Fog Seal Division Manager is responsible for planning, scheduling,
mobilization of the equipment and crews, and project management including quality control, timeline
management, safety compliance, purchase orders for material and subcontractors for JOAs that
include chip seal and fog seal applications.
Kyle Gooding, Crack Seal and Seal Coat Division Manager is responsible for project planning
including scheduling, mobilization of the equipment and crews, and project management including
quality control, timeline management, safety compliance, purchase orders for material and
subcontractors for JOAs that include crack seal and seal coat applications.
Oscar Gonzales, Field Operations Manager is responsible for planning, scheduling, project
management and safety for these asphalt paving services including: placing asphalt pavements
IFB 175923 – Asphalt Maintenance & Repair Services
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including full depth sections, overlays, patches and repairs; pavement maintenance and
rehabilitation; minor subgrade preparation; rough and finishing grade.
Along with our professional and qualified staff, Cactus has the ability to produce the materials called
for in this JOC. Cactus continues to diversify and we have come to specialize in the application of
Polymer Modified Asphalt Rubber, Asphalt Rubber, Rubberized Asphalt Binder and Scrub Seal.
Cactus has developed recycled tire rubber/polymer blending and application equipment with our
partners, D & H Manufacturing and Bearcat Manufacturing. All of this equipment is state-of-the-art
and is well maintained at our shop in Tolleson, Arizona. Our employees have been highly trained not
only to operate this equipment efficiently but to have a deep understanding of the component
materials and the final binder products being utilized. Cactus has also established blending and
construction procedures that have led to Value Engineering opportunities that have revolutionized
how agencies look at utilizing these highly modified and quality materials.
Cactus has developed a family of materials that have been utilized for many years in various
pavement repair, maintenance and preservation applications. These materials and systems are
recommended to be utilized based on a number of variables, particularly and most importantly
existing pavement condition.
All materials are highly modified with tire rubber and SBS polymer, and have been specifically
formulated and custom blended for specific use in all aspects of pavement rehabilitation focusing on
best practice criteria.
• Crack Seal Material
• Scrub Seal Material
• Trackless Tack
• Low Volume Fractured Aggregate Surface Treatment (SAM and SAMI)
• High Volume Fractured Aggregate Surface Treatment (SAM and SAMI)
• Modified Cape Seal
• Durable Hot Mix Overlay
Each of these uses can be applied to parking lot and street applications and each has proven to
extend the life of deteriorated pavements which result in life cycle cost benefit while recycling scrap
tires from Arizona landfills. We consider this a benefit to Pinal County as their pavement preservation
program will be on the forefront of new materials and services provided by Cactus, a leader in the
pavement preservation industry.
3.0.2
QUESTION: Describe the Contractor’s management and organizational abilities.
RESPONSE:
Cactus Asphalt is a division of Cactus Transport Inc. The company has three entities each overseen
by a managing partner. Bryan Glazer oversees the estimating and sales division. Reporting to him
is Jeff Abram (Senior Estimator) and Jeff Smith (Project Manager) as well as other individuals
involved in sales for the private and non-government agencies. Jason Hoffman oversees the
transport division. Cactus’s transportation is the largest asphalt liquid hauler in the southwest and
has two rubber blending units that can blend custom Asphalt Rubber along with Chip Seal Binder.
James Gallegos oversees the operations division of Cactus. This division is split into four sub-
categories depending on the work involved. Oscar Gonzales is the division manager of the paving,
grading and concrete division. Kyle Gooding is the division manager of the crack seal and seal coat
division. Scott McMorine is the division manager of the Chip Seal and Fog Seal Division. Dave
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Troyanek is the division manager of the traffic control and striping division. Additionally, Sherry
Gillespie is the safety officer who makes sure Cactus is compliant and safe on all projects. She
assists all three managing partners in day-to-day safety and corporate safety issues. All divisions
and employees work hand-in-hand to ensure success in all endeavors no matter how small or large
the project is.
3.0.3
QUESTION: List the Arizona professional and contractor license(s) held by the Contractor.
Provide the license number and explain if held by an individual or the Contractor.
RESPONSE:
194430 Class A General Engineering held by Contractor
3.0.4
QUESTION: Provide project information where the Contractor provided construction services
similar to those listed in Section 2 of the Statement of Work. The County may take into
consideration the number of Job Order Contracts a company may have, the resource
investment of the contractor in current County work, and the amount of pervious work
recently performed for the County as part of the selection process.
RESPONSE:
Cactus currently provides construction services similar to those listed in Section 2 of the Statement
of work for nine JOCs, including a JOC for Pavement Preservation and Repair Services with Pinal
County. Cactus has worked with Pinal County for over eight years providing paving, chip seal, crack
seal, fog seal and scrub seal, and has dedicated resources available to meet the requirements and
expectations of this JOC, including 50+ employees representing eight crews. JOAs completed by
Cactus for Pinal County and other JOCs include:
Pinal County JOA List
Project Title - Pinal County Fall 2016 Chip Seal
Dollar Amount - $923,521.00
Project Scope - Chip Seal, Fog Seal and Striping
Project Title - Pinal County Crack Seal FY 16-17 County Wide
Dollar Amount - $359,236.00
Project Scope - Crack Seal and Crack Mastic.
Project Title - Pinal County Crack Seal FY 17-18
Dollar Amount $154,920.00
Project Scope - Crack Seal
Project Title - Pinal County Spring 2018 Chip Seal
Dollar Amount - $555,079.00
Project Scope - Chip Seal, Fog Seal and Striping
Project Title - Pinal County Fog Seal FY 17-18
Dollar Amount - $484,039.00
Project Scope - Fog Seal and Striping
Project Title - Pinal County Chip Seal; FY 17-18
Dollar Amount - $673,845.00
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Project Scope - Chip Seal, Fog Seal and Striping
Project Title - Pinal County San Manuel Airport TRMSS
Dollar Amount - $11,698.00
Project Scope - Fog Seal and Striping
Project Title - Pinal County ARDP Chip Seal FY 15-16
Dollar Amount - $525,318.00
Project Scope - Chip Seal and Fog Seal
Project Title - Pinal County Crack Seal FY 15-16
Dollar Amount - $316,104.00
Project Scope - Crack Seal
Project Title - Pinal County Pavement Preservation FY 15-16
Dollar Amount - $1,293,020.00
Project Scope - Chip Seal, Fog Seal and Striping
Project Title - Pinal County PASS Fog Seal FY 15-16
Dollar Amount - $61,536.00
Project Scope - Fog Seal
Project Title - Pinal County Ironwood Road Pot Hole Patching and Crack Sealing - 2015
Dollar Amount - $223,781.00
Project Scope - AC Patching and Crack Sealing
Project Title - Pinal County Ironwood Fog Seal - 2015
Dollar Amount - $116,660.00
Project Scope - PASS Fog Seal
Project Title - Pinal County Spring Chip and Fog Seal FY 2014
Dollar Amount - $496,710.00
Project Scope - Chip Seal, Fog Seal and Striping
Project Title - Pinal County Fog Seal FY 15-16
Dollar Amount - $100,116.00
Project Scope - Fog Seal
Project Title - Pinal County Pavement Preservation Spring FY 15
Dollar Amount - $58,125.00
Project Scope - Scrub Seal
Project Title - Pinal County Pavement Preservation FY 14-15
Dollar Amount - $474,204.00
Project Scope - Chip Seal, Fog Seal and Striping
Project Title - Pinal County Pavement Preservation FY 13-14
Dollar Amount - $317,635.00
Project Scope - Chip Seal and Fog Seal
Project Title - Pinal County Pavement Preservation FY 12-13
Dollar Amount - $362,665.00
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Page 9 of 18
Project Scope - Chip Seal and Fog Seal
Project Title - Pinal County Pavement Preservation 2014
Dollar Amount - $605,120.00
Project Scope - Chip Seal, Fog Seal and Striping
Additional JOCs under contract with Cactus include:
MCDOT JOA List
Project Title - Maricopa County - Anthem Unit 21-B
Dollar Amount - $34,460.00
Project Scope - Mastic Crack Fill
Project Title - Maricopa County - Green "T" Intersection
Dollar Amount - $163,864.00
Project Scope - Demo, Grading, Concrete, Paving, Striping and Landscaping
Project Title - Maricopa County - 99th Avenue Channel
Dollar Amount - $525,235.00
Project Scope - Pulverization, Grading, Shot-Crete
Project Title - Maricopa County - 253rd Avenue and Rockaway Hills
Dollar Amount - $33,497.00
Project Scope - Earthwork
Project Title - Maricopa County - Litchfield Railroad Crossing
Dollar Amount - $61,870.00
Project Scope - Milling, Grading and Paving
Project Title - Maricopa County - Northwest Maintenance Yard Driveway
Dollar Amount - $130,986.00
Project Scope - Milling, Grading, Paving and Concrete
Project Title - Maricopa County - Cross River Unit 8
Dollar Amount - $245,403.00
Project Scope - Milling, Paving, Utility Adjustments and Survey Markers
Project Title - Maricopa County - 126th Drive and Cercado Lane
Dollar Amount - $30,444.00
Project Scope - Asphalt Patching and Utility Adjustments
Project Title - Maricopa County - 10th Street Reconstruction
Dollar Amount - $449,314.00
Project Scope - Earthwork, Clear & Grub, Grading, Paving, Milling, Concrete Structures, Seeding
and Waterline
Project Title - Maricopa County - Patton Road and Alma School Road Hot in Place Recycle
Dollar Amount - $1,407,171.00
Project Scope - Milling, Hot in Place Recycling, Paving, Striping, Utility Adjustments and Traffic
Loops
Project Title - Maricopa County - 165th Avenue
Dollar Amount - $136,681.00
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Page 10 of 18
Project Scope - Earthwork, Paving, Concrete, Drainage Ditch and Dust Palliative
Project Title - Maricopa County - Indian School Road & 191st Avenue
Dollar Amount - $20,120.00
Project Scope - Earthwork
Project Title - Maricopa County - Avondale Blvd. & Jackrabbit Trail Overlay
Dollar Amount - $626,196.00
Project Scope - Milling, Grading, Paving and Striping
Project Title - Maricopa County - Recker Road and San Tan Road Overlay
Dollar Amount - $781,358.00
Project Scope - Milling, Grading Paving and Striping
Project Title - Maricopa County - Peoria Avenue & 107th Avenue
Dollar Amount - $23,882.00
Project Scope - Concrete, Signage and Striping
Project Title - Maricopa County - PM-10 Rainbow Valley Improvements
Dollar Amount - $558,572.00
Project Scope - Excavation, Grading, Tree Removal, Paving Fencing, Landscaping, Signage and
Concrete
Project Title - Maricopa County - Southwest PM-10 Project
Dollar Amount - $554,395.00
Project Scope - Excavation, Grading, Tree Removal, Paving, Fencing, Landscaping, Signage and
Concrete
Project Title - Maricopa County - 51st Avenue and Estrella Shoulder Build -up
Dollar Amount - $35,100.00
Project Scope - Earthwork
Mohave County JOA List
Project Title - Mohave County PMAR FAST Spring Chip Seal 2018
Dollar Amount - $501,354.00
Project Scope - Chip Seal and Fog Seal
Project Title - Mohave County MC-250 Chip Seal 2017
Dollar Amount - $226,432.00
Project Scope - Chip Seal
Project Title - Mohave County PMAR FAST Pierce Ferry Road Chip Seal 2015
Dollar Amount - $477,620.00
Project Scope - Chip Seal
Project Title - Mohave County PMAR FAST Chip Seal Mohave Valley 2016
Dollar Amount - $551,794.00
Project Scope - Chip Seal and Fog Seal
City of Sedona JOA List
Project Title - City of Sedona Chapel Hill Crack Seal
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Page 11 of 18
Dollar Amount - $44,433.00
Project Scope - Crack Seal
Project Title - City of Sedona - Posse Grounds Park, Parking Lot
Dollar Amount - $16,807.00
Project Scope - Crack Seal, Fog Seal and Striping
Job Title - City of Sedona - Fall 2017/Spring 2018 Work
Dollar Amount - $719,785.00
Title - Milling, Paving, Patching, Grading, Fog Seal, Crack Seal, Striping and Chip Seal
Project Title - City of Sedona - Spring 2017 Work
Dollar Amount - $821,297.00
Project Scope - Milling, Grading, Paving, Patching, Fog Seal, Crack Seal, Chip Seal and Striping
Project Title - City of Sedona - Sunset Drive and Mountain Shadows Drive Paving
Dollar Amount - $523,869.00
Project Scope - Milling, Crack Sealing, SAMI, Paving, Grading, and Striping
Project Title - City of Sedona - Jordan Road Overlay
Dollar Amount - $223,762.00
Project Scope - Milling, Paving, Utility Adjustments and Striping
Project Title - City of Sedona - Jordan Road Sidewalk Construction
Dollar Amount - $134,520.00
Project Scope - Demolition, Grading, Paving, Concrete and Landscaping
Project Title - City of Sedona - Palisades Overlay
Dollar Amount - $263,256.00
Project Scope - Milling, Paving, Utility Adjustments and Striping
Project Title - City of Sedona - Fog Seal and Crack Seal Spring 2016
Dollar Amount - $56,278.00
Project Scope - Fog Seal and Crack Seal
Project Title - City of Sedona - Seal Coat Spring 2018
Dollar Amount - $103,752.00
Project Scope - Seal Coat
Project Title - City of Sedona - Chapel Hill Modified Seal Coat 2018
Dollar Amount - $211,252.00
Project Scope - Modified Seal Coat
Project Title - City of Sedona - Waste Water Treatment Plant Crack Seal
Dollar Amount - $21,337.00
Project Scope - Crack Seal
City of Phoenix JOA List
Project Title - City of Phoenix - Spring 2018 Job Order 1
Dollar Amount - $853,645.00
Project Scope - Crack Seal, Patching, Fog Seal, Chip Seal, Slurry Seal, Utility Adjustments and
Grading
IFB 175923 – Asphalt Maintenance & Repair Services
Page 12 of 18
City of Glendale JOA List
Project Title – 2017/2018 City of Glendale Crack Seal
Dollar Amount - $1,023,670.00
Project Scope – Crack Sealing, and Crack Mastic Applications (First Year of 5 year renewable
contract, just renewed for 2018/2019)
City of Goodyear JOA List
Project Title – FAST High Volume Spring 2018
Dollar Amount - $569,688.00
Project Scope – Double Layer FAST PMAR Chip Seal, Striping (First JOA of 5 year renewable
contract)
City of Casa Grande JOA List
Project Title – Main Ave Cap Seal
Dollar Amount - $125,843.00
Project Scope – FAST PMAR for the city of Casa Grande (Part of 3 year renewable contract)
Project Title – FY 2018 PMAR Chip Seal
Dollar Amount - $758,144.00
Project Scope – Neighborhood and Down Town Casa Grande PMAR Chip Seal, Striping, Traffic
Control (Part of 3 year renewable contract)
City of Chandler JOA List
Project Title – TRMSS 2016
Dollar Amount - $1,117,809.00
Project Scope – TRMSS Fog Seal various locations throughout Chandler AZ
Project Title – TRMSS 2017
Dollar Amount - $827,208.00
Project Scope – TRMSS Fog Seal various locations throughout Chandler AZ
Project Title – TRMSS 2018
Dollar Amount - $1,089,249.00
Project Scope – TRMSS Fog Seal various locations throughout Chandler AZ
City of Mesa JOA List
Project Title – Mesa Crack Seal 2016
Dollar Amount - $969,300.00
Project Scope – Crack Sealing Services throughout Mesa AZ
Project Title – Mesa Crack Seal 2017
Dollar Amount - $316,182.00
Project Scope – Crack Sealing Services throughout Mesa AZ
Project Title – Mesa FY 17/18 Fall Fog Seal
Dollar Amount - $406,933.00
Project Scope – CQS-TR fog seal throughout Mesa AZ
Project Title – Mesa Spring 2017 Fog Seal
Dollar Amount - $710,892.00
Project Scope – CQS-TR and TRMSS fog seal throughout Mesa AZ
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In addition to the multiple projects Cactus successfully completed for Pinal County with the previous
Pavement Preservation and Repair Services JOC, we were also involved with various surrounding
agencies who took advantage of cooperative purchasing agreements for asphalt maintenance and
repairs. Projects ranged from simple asphalt patching work orders to large scale chip seal and
paving projects. The agencies and total dollar value over the last three years are listed below:
Florence - $1,065,763
Globe - $1,005,193
Coolidge - $55,817
Apache Junction - $106,213
Wickenburg - $218,569
Tolleson - $78,971
Avondale - $662,987
Glendale - $598,093
QUESTION SET – Qualifications and Experience of Key Personnel
4.0.1
QUESTION: Identify and list the qualifications and experience of the key people who will be
responsible for performing the work under the resulting contract.
RESPONSE:
Jeff Smith – Project Manager/Single-Point-of-Contact
Jeff Smith will not only be your Single-Point-of-Contact, he will also be the Project Manager for the
construction phase of the JOC. Jeff has been an industry professional for over 41 years specializing
in pavement preservation system applications and construction management. Jeff has spent much
of his career managing asphalt rubber technology transfer throughout the western United States and
has consulted worldwide.
Jeff Abram – Senior Estimator
Jeff Abram will be the Senior Estimator who will coordinate pre-construction and estimating. Jeff has
over 12 years of experience in the construction management industry. He is proficient in estimating
and project supervision as well as accounting, finance, management, logistics, production, and
manufacturing. He has been involved in projects including asphalt paving, chip sealing, crack
sealing, fog sealing, Portland Cement Concrete Pavement, paving, bridge construction, pipe and
box culvert installation, earthwork, mining, demolition, and all other aspects of the pavement
maintenance and heavy civil construction industry.
Scott McMorine – Chip Seal and Fog Seal Division Manager
Scott McMorine will be the Chip Seal and Fog Seal Division Manager for this JOC. Scott has over
10 years of experience in the paving, chip seal, crack seal and fog seal industry, specializing in JOC
work. As division manager, Scott will work with Jim Pulice and Oscar Gonzales on production,
logistics and other tasks associated with the day-to-day operations. Scott has worked with multiple
cities and counties throughout the state of Arizona on JOC and cooperative purchasing contracts as
a Project Manager and Division Manager.
Kyle Gooding – Crack Seal and Seal Coat Division Manager
Kyle Gooding will be the Crack Seal and Seal Coat Division Manager for this JOC. Kyle has over 8
years of experience in the paving industry as a laborer, crack seal and seal coat foreman, and
IFB 175923 – Asphalt Maintenance & Repair Services
Page 14 of 18
division manager. He currently supervises four crews on projects for municipalities, airports, private
corporations, state/county agencies, schools, and management companies.
Oscar Gonzales – Field Operations Manager
Oscar Gonzales is the Field Operations Manager for Cactus Asphalt. Oscar has 21 years of
experience in the construction industry working from laborer, operator, paving foreman, to division
manager and now Operations Manager. He currently oversees the production and employees of all
our crews in the field, monitoring budgets and material quantities and creating and maintaining
processes and procedures for job set-ups.
4.0.2
QUESTION: Discuss key personnel and their perspective and experience on the partnering,
quality control, project scheduling, claims, dispute resolution, changes in Scope of Work,
construction safety, value engineering, balancing workloads and ways to reduce costs to the
County.
RESPONSE:
Cactus has over 14 years of experience successfully procuring and completing various types of
JOCs.
Cactus’s key personnel team will be the following group of highly experienced people. Jeff Smith
will be Project Manager and the Single-Point-of-Contact concerning JOAs associated with this JOC.
Jeff has 41 years of experience concerning all aspects of Pavement Preservation Applications and
Services. Scott McMorine – Chip Seal and Fog Seal Division Manager (10 years of experience),
Jeff Abram - Senior Estimator (12 years of experience), Kyle Gooding - Crack Seal and Seal Coat
Division Manager (8 years of experience) and Oscar Gonzales – Field Operations Manager (21 years
of experience) will round out the Cactus personnel that will be assigned to Pinal County JOAs. As
a team, these individuals will draw from over 90 years of pavement preservation rehabilitation and
maintenance services to partner with Pinal County. The following is the perspective and experience
of our group and how we will collectively focus on:
Partnering - is the primary advantage of the JOC delivery method. The Cactus team considers
partnering a very important aspect concerning our future relationship with Pinal County. Through
our experience, partnering and value engineering will take place in every aspect of project delivery
from pre-construction through project closeout. Every item of work in a JOA should be discussed
and an approach agreed upon during pre-construction meetings. As variables arise during
construction, the partnering process is even more important as Cactus and Pinal County work to
construct projects in a timely manner and at a very high level of quality.
Quality Control - is key to state of the art construction practice, superior materials application and
project longevity. As partners, Pinal County and Cactus will confirm through pre-testing and product
certification the quality of all materials that have been specified for use on a specific JOA.
Construction practice along with sampling and testing protocol will be identified through partnering
meetings and utilized as a starting point for JOA implementation. JOA variables will be handled in
the field or escalated through proper channels established in the pre-construction meeting.
Project Scheduling - is very important regarding timely JOA completion. As with past JOCs that
Cactus has had with Pinal County, we will strive to have pre-construction meetings early in the spring
to determine the scope of the JOA(s) that have been assigned to Cactus. Projects concerning these
JOAs will be scheduled immediately to confirm dates of construction, time frame of the JOA and to
IFB 175923 – Asphalt Maintenance & Repair Services
Page 15 of 18
procure materials supply when needed. At all times, JOAs awarded to Cactus will receive high
priority concerning scheduling taking fiscal year end into consideration.
Claims - are always a concern, however Cactus will strive to avoid them. This is done through good
communication and meeting the expectations of Pinal County on every JOA. Of course variables do
occur, and depending on the scope of work could require a change in plan. As partners, Pinal County
and Cactus should be able to work out individual project variables to the satisfaction of each entity,
avoiding claims and additional cost to the County. Over the past eight years, Cactus has never had
a claim on a Pinal County JOC JOA.
Dispute Resolution - goes hand in hand with the issue of claims. It is critical in a partnering
atmosphere that each partner be willing to recognize variables either before or after construction
begins and to negotiate a "means to an end". We believe that this will help to avoid a high percentage
of potential disputes that could arise on a JOA. If a dispute were to arise, there needs to be a dispute
resolution ladder in place, which is normally formulated at the pre-construction meeting. With the
proper resolution channels in place, we can move to get issues settled quickly so as not to negatively
affect the production schedule of the project. Over the past eight years working with Pinal County
on previous JOCs, Pinal County and Cactus have been able to solve issues immediately in the field
and have avoided project down time.
Balancing Workloads - is critical to successfully complete JOA work at the appropriate time and on
budget. Cactus is a highly diversified company with multiple crews that perform various types of
work from crack sealing to hot mix overlay and concrete. Our crews are made up of highly qualified
individuals that have been cross trained to work in all aspects of our pavement preservation and
construction disciplines. Over the past eight years working with Pinal County on previous JOAs,
Cactus has been able to schedule all required work including additional work that needed to be done
quickly due to fiscal year end issues.
Ways to Reduce Cost - are always paramount in a JOC. Of course Value Engineering is the primary
way to evaluate construction procedure choice and what makes sense for Pinal County on specific
JOAs. Concerning JOAs with set specifications, streamlining procedures and timeframe of
construction will certainly reduce cost. As we look at cost savings, it is important to confirm where
these savings can be realized and that Pinal County and Cactus can work together to minimize cost
wherever possible.
4.0.3
QUESTION: Provide project information for up to 5 key personnel expected to be assigned
to this JOC where the Contractor provided construction services similar to those listed in
Section 2 of the Statement of Work.
RESPONSE:
Jeff Smith – Project Manager
Pinal County Fall 2016 Chip Seal
Pinal County Crack Seal FY 16-17 County Wide
Pinal County Crack Seal FY 17-18
Pinal County Spring 2018 Chip Seal
Pinal County Fog Seal FY 17-18
Pinal County Chip Seal FY 17-18
Pinal County San Manuel Airport TRMSS
Pinal County ARDP Chip Seal FY 15-16
Pinal County Crack Seal FY 15-16
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Pinal County Pavement Preservation FY 15-16
Pinal County PASS Fog Seal - 2015
Pinal County Ironwood Road Pot Hole Patching and Crack Sealing – 2015
Pinal County Ironwood Fog Seal – 2015
Pinal County Fog Seal FY 15-16
Pinal County Pavement Preservation Spring FY 15
Mohave County PMAR FAST Spring Chip Seal 2018
Mohave County MC-250 Chip Seal 2017
Mohave County PMAR FAST Pierce Ferry Road Chip Seal 2015
Mohave County PMAR FAST Chip Seal Mohave Valley 2016
City of Sedona Chapel Hill Crack Seal
City of Sedona – Posse Grounds Park, Parking Lot
City of Sedona – Fall 2017/Spring 2018 Work
City of Sedona – Spring 2017 Work
City of Sedona – Sunset Drive and Mountain Shadows Drive Paving
City of Sedona – Jordan Road Overlay
City of Sedona – Jordan Road Sidewalk Construction
City of Sedona – Palisades Overlay
City of Sedona – Fog Seal and Crack Seal Spring 2016
City of Sedona – Seal Coat Spring 2018
City of Sedona – Chapel Hill Modified Seal Coat 2018
City of Sedona – Waste Water Treatment Plant Crack Seal
City of Phoenix – Spring 2018 Job Order 1
Reference 3.0.4 for project information
Jeff Abram – Senior Estimator
Pinal County Fall 2016 Chip Seal
Pinal County Crack Seal FY 16-17 County Wide
Pinal County Crack Seal FY 17-18
Pinal County Spring 2018 Chip Seal
Pinal County Fog Seal FY 17-18
Pinal County Chip Seal FY 17-18
Pinal County San Manuel Airport TRMSS
Pinal County ARDP Chip Seal FY 15-16
Pinal County Crack Seal FY 15-16
Pinal County Pavement Preservation FY 15-16
Pinal County PASS Fog Seal - 2015
Pinal County Ironwood Road Pot Hole Patching and Crack Sealing – 2015
Pinal County Ironwood Fog Seal – 2015
Pinal County Fog Seal FY 15-16
Pinal County Pavement Preservation Spring FY 15
Maricopa County – Anthem Unit 21-B
Maricopa County – Green “T” Intersection
Maricopa County – 99th Avenue Channel
Maricopa County – 253rd Avenue and Rockaway Hills
Maricopa County – Litchfield Railroad Crossing
Maricopa County – Northwest Maintenance Yard Driveway
Maricopa County – Cross River Unit 8
Maricopa County – 126th Drive and Cercado Lane
Maricopa County – 10th Street Reconstruction
Maricopa County – Patton Road and Alma School Road Hot in Place Recycle
Maricopa County – 165th Avenue
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Page 17 of 18
Maricopa County – Indian School Road and 191st Avenue
Maricopa County – Avondale Blvd. & Jackrabbit Trail Overlay
Maricopa County – Recker Road and San Tan Road Overlay
Mohave County PMAR FAST Spring Chip Seal 2018
Mohave County MC-250 Chip Seal 2017
Mohave County PMAR FAST Pierce Ferry Road Chip Seal 2015
Mohave County PMAR FAST Chip Seal Mohave Valley 2016
City of Sedona Chapel Hill Crack Seal
City of Sedona – Posse Grounds Park, Parking Lot
City of Sedona – Fall 2017/Spring 2018 Work
City of Sedona – Spring 2017 Work
City of Sedona – Sunset Drive and Mountain Shadows Drive Paving
City of Sedona – Jordan Road Overlay
City of Sedona – Jordan Road Sidewalk Construction
City of Sedona – Palisades Overlay
City of Sedona – Fog Seal and Crack Seal Spring 2016
City of Sedona – Seal Coat Spring 2018
City of Sedona – Chapel Hill Modified Seal Coat 2018
City of Sedona – Waste Water Treatment Plant Crack Seal
City of Phoenix – Spring 2018 Job Order 1
City of Glendale – 2017/2018 Crack Seal
City of Goodyear – FAST High Volume Spring 2018
City of Casa Grande – Main Avenue Cap Seal
City of Casa Grande – FY 2018 PMAR Chip Seal
City of Chandler – TRMSS 2016
City of Chandler – TRMSS 2017
City of Chandler – TRMSS 2018
City of Mesa – Crack Seal 2016
City of Mesa – Crack Seal 2017
City of Mesa – FY 17/18 Fall Fog Seal
City of Mesa – Spring 2017 Fog Seal
Reference 3.0.4 for project information
Scott McMorine – Chip Seal and Fog Seal Division Manager
Pinal County Spring 2018 Chip Seal
Pinal County Fog Seal FY 17-18
Pinal County Chip Seal FY 17-18
Mohave County PMAR FAST Spring Chip Seal 2018
City of Sedona – Fall 2017/Spring 2018 Work
City of Phoenix – Spring 2018 Job Order 1
City of Goodyear – FAST High Volume Spring 2018
City of Casa Grande – Main Avenue Cap Seal
City of Casa Grande – FY 2018 PMAR Chip Seal
City of Chandler – TRMSS 2018
Reference 3.0.4 for project information
Kyle Gooding – Crack Seal and Seal Coat Division Manager
Pinal County Crack Seal FY 16-17 County Wide
Pinal County Crack Seal FY 17-18
Pinal County San Manuel Airport TRMSS
Pinal County Crack Seal FY 15-16
Maricopa County – Anthem Unit 21-B
IFB 175923 – Asphalt Maintenance & Repair Services
Page 18 of 18
City of Sedona Chapel Hill Crack Seal
City of Sedona – Posse Grounds Park, Parking Lot
City of Sedona – Fall 2017/Spring 2018 Work
City of Sedona – Spring 2017 Work
City of Sedona – Fog Seal and Crack Seal Spring 2016
City of Sedona – Seal Coat Spring 2018
City of Sedona – Chapel Hill Modified Seal Coat 2018
City of Sedona – Waste Water Treatment Plant Crack Seal
City of Phoenix – Spring 2018 Job Order 1
City of Glendale – 2017/2018 Crack Seal
City of Chandler – TRMSS 2016
City of Chandler – TRMSS 2017
City of Mesa – Crack Seal 2016
City of Mesa – Crack Seal 2017
City of Mesa – FY 17/18 Fall Fog Seal
City of Mesa – Spring 2017 Fog Seal
Reference 3.0.4 for project information
Oscar Gonzales – Field Operations Manager
Pinal County Ironwood Road Pot Hole Patching and Crack Sealing – 2015
Maricopa County – Green “T” Intersection
Maricopa County – 99th Avenue Channel
Maricopa County – 253rd Avenue and Rockaway Hills
Maricopa County – Litchfield Railroad Crossing
Maricopa County – Northwest Maintenance Yard Driveway
Maricopa County – Cross River Unit 8
Maricopa County – 126th Drive and Cercado Lane
Maricopa County – 10th Street Reconstruction
Maricopa County – Patton Road and Alma School Road Hot in Place Recycle
Maricopa County – 165th Avenue
Maricopa County – Indian School Road and 191st Avenue
Maricopa County – Avondale Blvd. & Jackrabbit Trail Overlay
Maricopa County – Recker Road and San Tan Road Overlay
City of Sedona – Fall 2017/Spring 2018 Work
City of Sedona – Spring 2017 Work
City of Sedona – Sunset Drive and Mountain Shadows Drive Paving
City of Sedona – Jordan Road Overlay
City of Sedona – Jordan Road Sidewalk Construction
City of Sedona – Palisades Overlay
City of Phoenix – Spring 2018 Job Order 1
Reference 3.0.4 for project information
This information (responder’s profile and responses to questions for IFB175923) has
been captured and copied from the Bonfire portal spreadsheet, in its entirety, to this
Word document as to not lose information in the conversion from an Excel document
to a PDF or TIF format (for posting to the Pinal County website and for OnBase
retention).
EXHIBIT B
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
CACTUS TRANSPORT, INC.
D/B/A
CACTUS ASPHALT
[Quote or Work Order]
See following pages.
To:Contact:Town Of Fountain Hills David A. Janover, PE
Town Of Fountain Hills - Cape SealProject Name:Bid Number:CA252322009
Fax:(480) 837-8328Fountain Hills, AZ 85268
Address:16705 E. Avenue Of The Fountains Phone:(480) 816-5150
Project Location:Primrose (Lost Hills-Tumbleweed), Chama (Gunsight - FH BLVD),
Fountain Hills, AZ
Bid Date:2/25/2022
Total PriceUnit PriceUnitItem DescriptionItem # Line #Estimated Quantity
$16,980.67$1.998,533.006-21 SYEDGE MILLING: Edge Of Pavement Will Be
Wedge-Milled And The Asphalt Millings Removed,
Hauled Off And Legally Disposed Of.
- Chama (~ 8'x4,911')
- Primrose (~ 8'x4,689')
$37,957.92$862.6844.004-11 TONPMAR BINDER (16,700 SY @ 0.65 GAL/SY)
(<100 TONS):
$4,488.00$102.0044.004-19 TONBINDER HAUL AND APPLY:
$27,604.00$103.00268.004-23 TONCHIPS - HV PRE-COATED (16,700 SY @ 32
LBS/SY):
$1,760.00$40.0044.004-28 TONTRAFFIC CONTROL CHIP-SEAL (Based On
Binder Tonnage):
$24,469.12$941.1226.005-19 TONSLURRY SEAL CQS (< 100 TONS)(15% Of
168 Tons Aggregate):
$20,496.00$122.00168.005-27 TONSLURRY SEAL AGGREGATE RES TYPE-II
(16,700 SY @ 20LBS/SY):
$3,666.00$141.0026.005-35 TONTRAFFIC CONTROL SLURRY (Based On
Binder Ton):
$10,256.00$641.0016.008-2 EACHADJUST VALVE BOX & COVER:
$12,964.00$926.0014.008-5 EACHADJUST MANHOLE & COVER:
$74.40$0.16465.007-4 LF15 MIL (4") WHITE TRAFFIC PAINT STRIPE
: 12" Stop Bars Will Be Laid Out And Repainted
In Their Original Locations.
$302.25$0.65465.007-12 LFTRANSVERSE THERMOPLASTIC 12" STOP
BARS (3x4"):~ 30 Days Later, Thermoplastic
Markings Will Be Applied.
$30,000.00$30,000.001.009-1 LSTRAFFIC CONTROL SET UP FOR MILLING,
STRIPING & ADJUSTMENTS (Not Included
With TC For Chip-Seal Or Slurry-Seal Items
Above)(This Item Also Includes Mark-Up
For Entire Project):
$7,000.00$35.00200.009-4 HRFLAGGING SERVICES PER HOUR (Not
Included With Either Chip-seal Or Slurry
Seal TC Above):5 Flaggers For 6 Days During
Milling & Patching Operations.
$198,018.36Bid Price Subtotal:
$11,455.36Maricopa County, State And Fountain Hills 5.7850%:
$209,473.72Total Bid Price:
Notes:
•Standard Terms and Conditions to follow.
•All scheduling contingent upon mutual agreement of Owner and Cactus Asphalt.
•Quoted prices valid for 60 days unless otherwise noted.
•Cactus is not responsible for notification, nor removal of vehicles and property from work areas.
Page 1 of 22/25/2022 3:47:57 PM
To:Contact:Town Of Fountain Hills David A. Janover, PE
Town Of Fountain Hills - Cape SealProject Name:Bid Number:CA252322009
Fax:(480) 837-8328Fountain Hills, AZ 85268
Address:16705 E. Avenue Of The Fountains Phone:(480) 816-5150
Project Location:Primrose (Lost Hills-Tumbleweed), Chama (Gunsight - FH BLVD),
Fountain Hills, AZ
Bid Date:2/25/2022
•In the event that quantities differ from above, billing will reflect agreed upon measured quantities.
•EXCLUSIONS (Unless Otherwise Specified): Plans, Engineering, Survey, Staking, As-Builts, Testing, Inspection, Gradework, Landscape Areas, Weed
Killer, Crack-Sealing, ABC or Landscape Materials, Vegetation Replacement, Prime Coat, Concrete Structures, Irrigation or Pipe Work, Utility
Removal or Relocation, Drywells, Rip/Rap, Structural Backfill, New Signage, Excavation, Subgrade Stabilization, Removal of Debris Generated by
Other Trades, Erosion Control, Thickened Pavement Edge, Project Information Sign And Any Special Insurance Requirements.
ACCEPTED:
The above prices, specifications and conditions are satisfactory
and hereby accepted.
Buyer:
Signature:
Date of Acceptance:
CONFIRMED:
Cactus Asphalt
Authorized Signature:
Estimator:John Flores
(602) 319-3420 jf@cactusasphalt.com
Page 2 of 22/25/2022 3:47:57 PM