HomeMy WebLinkAboutC2023-023 - ASR Construction Group1
Contract No. 2023-032
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ASR CONSTRUCTION GROUP, LLC
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into
upon execution between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”) and ASR Construction Group, LLC, a(n) Arizona limited liability company (the
“Vendor”).
RECITALS
A. The Town issued a Request for Proposals, IFB No. “IFB-2022-025” (the “IFB”), a
copy of which is on file with the Town and incorporated herein by reference, seeking proposals
from vendors interested in providing Panorama Drive Storm Drain Pipe Replacement (Phase II)
for the Town (the “Services”).
B. The Vendor responded to the RFP by submitting a proposal (the “Proposal”),
attached hereto as Exhibit A and incorporated herein by reference.
C. The Town desires to enter into an Agreement with the Vendor to perform the
Services, as set forth below.
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 Vendor 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 June 30, 2023 (the “Initial Term”), unless
terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this
Agreement may be renewed for up four successive one-year terms (each, a “Renewal Term”) if:
(i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds
for renewal, (ii) at least 30 days prior to the end of the then-current term of this Agreement, the
Vendor requests, in writing, to extend this Agreement for an additional one-year term and (iii) the
Town approves the additional one-year term in writing (including any price adjustments approved
as part of this Agreement), as evidenced by the Town Manager’s signature thereon, which approval
may be withheld by the Town for any reason. The Vendor’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
Vendor, elect to waive this requirement and renew this Agreement. The Initial Term and all
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Renewal Terms, if any, 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. Vendor shall provide the Services as set forth in the Scope of Work
attached hereto as Exhibit A (with technical specifications attached as Exhibit B) and incorporated
herein by reference.
3. Compensation. The Town shall pay the Vendor an aggregate amount not to exceed
$1,088,543.21, (including all renewals) which sum includes an owner’s allowance of $80,000, at
the rates set forth in the Fee Proposal attached hereto as Exhibit A and incorporated herein by
reference. See retainage in Section 4.
4. Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice the
Town monthly), based upon work performed and completed to date, and upon submission and
approval of invoices. All invoices shall document and itemize all work completed to date. Each
invoice statement shall include a record of time expended and work performed in sufficient detail
to justify payment. This Agreement must be referenced on all invoices. At the start of construction,
ten percent (10%) of all pay requests will be retained by the Town to guarantee complete
performance of the contract. When the work is fifty percent (50%) complete, this amount may be
reduced to five percent (5%) providing that construction progress and quality of work is acceptable
to the Town. Any funds which are withheld from the contractor will be paid no later than sixty
(60) days after completion of the contract and settlement of all claims.
5. Documents. All documents, including any intellectual property rights thereto,
prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town.
6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable
of and devoted to the successful performance of the Services under this Agreement. Vendor agrees
to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to
hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon commencement
of the Services to be performed under this Agreement, key personnel shall not be removed or
replaced without prior written notice to the Town. If key personnel are not available to perform
the Services for a continuous period exceeding 30 calendar days, or are expected to devote
substantially less effort to the Services than initially anticipated, Vendor shall immediately notify
the Town of same and shall, subject to the concurrence of the Town, replace such personnel with
personnel possessing substantially equal ability and qualifications.
7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by
the Town at reasonable times during Vendor’s performance. The Vendor shall provide and
maintain a self-inspection system that is acceptable to the Town.
8. Licenses; Materials. Vendor shall maintain in current status all federal, state and
local licenses and permits required for the operation of the business conducted by the Vendor. The
Town has no obligation to provide Vendor, its employees or subcontractors any business
registrations or licenses required to perform the specific services set forth in this Agreement. The
Town has no obligation to provide tools, equipment or material to Vendor.
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9. Performance Warranty. Vendor warrants that the Services rendered will conform
to the requirements of this Agreement and with the care and skill ordinarily used by members of
the same profession practicing under similar circumstances at the same time and in the same
locality.
10. Indemnification. To the fullest extent permitted by law, the Vendor 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,
breach of contract, in connection with the work or services of the Vendor, its officers, employees,
agents, or any tier of subcontractor in the performance of this Agreement. The amount and type
of insurance coverage requirements set forth below will in no way be construed as limiting the
scope of the indemnity in this Section.
11. Insurance.
11.1 General.
A. Insurer Qualifications. Without limiting any obligations or
liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter
stipulated minimum insurance with insurance companies authorized to do business in the
State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best,
Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to
maintain insurance as specified herein may result in termination of this Agreement at the
Town’s option.
B. No Representation of Coverage Adequacy. By requiring insurance
herein, the Town does not represent that coverage and limits will be adequate to protect
Vendor. The Town reserves the right to review any and all of the insurance policies and/or
endorsements cited in this Agreement but has no obligation to do so. Failure to demand
such evidence of full compliance with the insurance requirements set forth in this
Agreement or failure to identify any insurance deficiency shall not relieve Vendor from,
nor be construed or deemed a waiver of, its obligation to maintain the required insurance
at all times during the performance of this Agreement.
C. Additional Insured. All insurance coverage, except Workers’
Compensation insurance and Professional Liability insurance, if applicable, shall name, to
the fullest extent permitted by law for claims arising out of the performance of this
Agreement, the Town, its agents, representatives, officers, directors, officials and
employees as Additional Insured as specified under the respective coverage sections of this
Agreement.
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D. Coverage Term. All insurance required herein shall be maintained
in full force and effect until all work or services required to be performed under the terms
of this Agreement are satisfactorily performed, completed and formally accepted by the
Town, unless specified otherwise in this Agreement.
E. Primary Insurance. Vendor’s insurance shall be primary insurance
with respect to performance of this Agreement and in the protection of the Town as an
Additional Insured.
F. Claims Made. In the event any insurance policies required by this
Agreement are written on a “claims made” basis, coverage shall extend, either by keeping
coverage in force or purchasing an extended reporting option, for three years past
completion and acceptance of the services. Such continuing coverage shall be evidenced
by submission of annual Certificates of Insurance citing applicable coverage is in force and
contains the provisions as required herein for the three-year period.
G. Waiver. All policies, except for Professional Liability, including
Workers’ Compensation insurance, shall contain a waiver of rights of recovery
(subrogation) against the Town, its agents, representatives, officials, officers and
employees for any claims arising out of the work or services of Vendor. Vendor shall
arrange to have such subrogation waivers incorporated into each policy via formal written
endorsement thereto.
H. Policy Deductibles and/or Self-Insured Retentions. The policies set
forth in these requirements may provide coverage that contains deductibles or self-insured
retention amounts. Such deductibles or self-insured retention shall not be applicable with
respect to the policy limits provided to the Town. Vendor shall be solely responsible for
any such deductible or self-insured retention amount.
I. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, Vendor shall execute written agreements with its subcontractors
containing the indemnification provisions set forth in this Agreement and insurance
requirements set forth herein protecting the Town and Vendor. Vendor shall be responsible
for executing any agreements with its subcontractors and obtaining certificates of insurance
verifying the insurance requirements.
J. Evidence of Insurance. Prior to commencing any work or services
under this Agreement, Vendor will provide the Town with suitable evidence of insurance
in the form of certificates of insurance and a copy of the declaration page(s) of the insurance
policies as required by this Agreement, issued by Vendor’s insurance insurer(s) as evidence
that policies are placed with acceptable insurers as specified herein and provide the
required coverages, conditions and limits of coverage specified in this Agreement and that
such coverage and provisions are in full force and effect. Confidential information such as
the policy premium may be redacted from the declaration page(s) of each insurance policy,
provided that such redactions do not alter any of the information required by this
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Agreement. The Town shall reasonably rely upon the certificates of insurance and
declaration page(s) of the insurance policies as evidence of coverage but such acceptance
and reliance shall not waive or alter in any way the insurance requirements or obligations
of this Agreement. If any of the policies required by this Agreement expire during the life
of this Agreement, it shall be Vendor’s responsibility to forward renewal certificates and
declaration page(s) to the Town 30 days prior to the expiration date. All certificates of
insurance and declarations required by this Agreement shall be identified by referencing
the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed
for all certificates or declarations received without the appropriate RFP number and title or
a reference to this Agreement, as applicable. Additionally, certificates of insurance and
declaration page(s) of the insurance policies submitted without referencing the appropriate
RFP number and title or a reference to this Agreement, as applicable, will be subject to
rejection and may be returned or discarded. Certificates of insurance and declaration
page(s) shall specifically include the following provisions:
(1) The Town, its agents, representatives, officers, directors,
officials and employees are Additional Insureds as follows:
(a) Commercial General Liability – Under Insurance
Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent.
(b) Auto Liability – Under ISO Form CA 20 48 or
equivalent.
(c) Excess Liability – Follow Form to underlying
insurance.
(2) Vendor’s insurance shall be primary insurance with respect
to performance of this Agreement.
(3) All policies, except for Professional Liability, including
Workers’ Compensation, waive rights of recovery (subrogation) against Town, its
agents, representatives, officers, officials and employees for any claims arising out
of work or services performed by Vendor under this Agreement.
(4) ACORD certificate of insurance form 25 (2014/01) is
preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the
phrases in the cancellation provision “endeavor to” and “but failure to mail such
notice shall impose no obligation or liability of any kind upon the company, its
agents or representatives” shall be deleted. Certificate forms other than ACORD
form shall have similar restrictive language deleted.
11.2 Required Insurance Coverage.
A. Commercial General Liability. Vendor shall maintain “occurrence”
form Commercial General Liability insurance with an unimpaired limit of not less than
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$1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual
Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability
arising from premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury. Coverage under the policy will be at
least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not
limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims
arising out of the performance of this Agreement, the Town, its agents, representatives,
officers, officials and employees shall be cited as an Additional Insured under ISO,
Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or
equivalent, which shall read “Who is an Insured (Section II) is amended to include as an
insured the person or organization shown in the Schedule, but only with respect to liability
arising out of “your work” for that insured by or for you.” If any Excess insurance is
utilized to fulfill the requirements of this subsection, such Excess insurance shall be
“follow form” equal or broader in coverage scope than underlying insurance.
B. Vehicle Liability. Vendor shall maintain Business Automobile
Liability insurance with a limit of $1,000,000 each occurrence on Vendor’s owned, hired
and non-owned vehicles assigned to or used in the performance of the Vendor’s work or
services under this Agreement. Coverage will be at least as broad as ISO coverage code
“1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent
allowed by law, for claims arising out of the performance of this Agreement, the Town, its
agents, representatives, officers, directors, officials and employees shall be cited as an
Additional Insured under ISO Business Auto policy Designated Insured Endorsement form
CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of
this subsection, such Excess insurance shall be “follow form” equal or broader in coverage
scope than underlying insurance.
C. Professional Liability. If this Agreement is the subject of any
professional services or work, or if the Vendor engages in any professional services or
work in any way related to performing the work under this Agreement, the Vendor shall
maintain Professional Liability insurance covering negligent errors and omissions arising
out of the Services performed by the Vendor, or anyone employed by the Vendor, or
anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally
liable, with an unimpaired liability insurance limit of $2,000,000 each claim and
$2,000,000 annual aggregate.
D. Workers’ Compensation Insurance. Vendor shall maintain
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction over Vendor’s employees engaged in the performance of work
or services under this Agreement and shall also maintain Employers Liability Insurance of
not less than $500,000 for each accident, $500,000 disease for each employee and
$1,000,000 disease policy limit.
11.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town.
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12. Termination; Cancellation.
12.1 For Town’s Convenience. This Agreement is for the convenience of the
Town and, as such, may be terminated without cause after receipt by Vendor of written notice by
the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services
performed to the termination date.
12.2 For Cause. If either party fails to perform any obligation pursuant to this
Agreement and such party fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the non-defaulting party, such party will be in default. In the event of
such default, the non-defaulting party may terminate this Agreement immediately for cause and
will have all remedies that are available to it at law or in equity including, without limitation, the
remedy of specific performance. If the nature of the defaulting party’s nonperformance is such
that it cannot reasonably be cured within 30 days, then the defaulting party will have such
additional periods of time as may be reasonably necessary under the circumstances, provided the
defaulting party immediately (A) provides written notice to the non-defaulting party and (B)
commences to cure its nonperformance and thereafter diligently continues to completion the cure
of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of
such termination for cause, payment shall be made by the Town to the Vendor for the undisputed
portion of its fee due as of the termination date.
12.3 Due to Work Stoppage. This Agreement may be terminated by the Town
upon 30 days’ written notice to Vendor in the event that the Services are permanently abandoned.
In the event of such termination due to work stoppage, payment shall be made by the Town to the
Vendor for the undisputed portion of its fee due as of the termination date.
12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ.
REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations
by the Town or any of its departments or agencies if any person significantly involved in initiating,
negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its
departments or agencies is, at any time while this Agreement or any extension of this Agreement
is in effect, an employee of any other party to this Agreement in any capacity or a Vendor to any
other party of this Agreement with respect to the subject matter of this Agreement.
12.5 Gratuities. The Town may, by written notice to the Vendor, cancel this
Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future
employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent
or representative of the Vendor to any officer, agent or employee of the Town for the purpose of
securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this
provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and
withhold from the Vendor an amount equal to 150% of the gratuity.
12.6 Agreement Subject to Appropriation. This Agreement is subject to the
provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of
this Agreement for payment of funds by the Town shall be effective when funds are appropriated
for purposes of this Agreement and are actually available for payment. The Town shall be the sole
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judge and authority in determining the availability of funds under this Agreement and the Town
shall keep the Vendor fully informed as to the availability of funds for this Agreement. The
obligation of the Town to make any payment pursuant to this Agreement is a current expense of
the Town, payable exclusively from such annual appropriations, and is not a general obligation or
indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the
amounts as set forth in this Agreement during any immediately succeeding fiscal year, this
Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor shall
be relieved of any subsequent obligation under this Agreement.
13. Miscellaneous.
13.1 Independent Contractor. It is clearly understood that each party will act in
its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the
other. An employee or agent of one party shall not be deemed or construed to be the employee or
agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the
Services provided under this Agreement are being provided as an independent contractor, not as
an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to
workers’ compensation benefits from the Town. The Town does not have the authority to
supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor, and
not the Town, shall determine the time of its performance of the services provided under this
Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit
A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing
its profession elsewhere. Town and Vendor do not intend to nor will they combine business
operations under this Agreement.
13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of
the State of Arizona and suit pertaining to this Agreement may be brought only in courts in
Maricopa County, Arizona.
13.3 Laws and Regulations. Vendor shall keep fully informed and shall at all
times during the performance of its duties under this Agreement ensure that it and any person for
whom the Vendor is responsible abides by, and remains in compliance with, all rules, regulations,
ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A)
existing and future Town and County ordinances and regulations; (B) existing and future State and
Federal laws; and (C) existing and future Occupational Safety and Health Administration
standards.
13.4 Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the Town and
the Vendor.
13.5 Provisions Required by Law. Each and every provision of law and any
clause required by law to be in this Agreement will be read and enforced as though it were included
herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly
inserted, then upon the application of either party, this Agreement will promptly be physically
amended to make such insertion or correction.
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13.6 Severability. The provisions of this Agreement are severable to the extent
that any provision or application held to be invalid by a Court of competent jurisdiction shall not
affect any other provision or application of this Agreement which may remain in effect without
the invalid provision or application.
13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement
represents the entire agreement of the parties with respect to its subject matter, and all previous
agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and
superseded by this Agreement. No representations, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in any other
contemporaneous written agreement executed for the purposes of carrying out the provisions of
this Agreement. This Agreement shall be construed and interpreted according to its plain meaning,
and no presumption shall be deemed to apply in favor of, or against the party drafting this
Agreement. The parties acknowledge and agree that each has had the opportunity to seek and
utilize legal counsel in the drafting of, review of, and entry into this Agreement.
13.8 Assignment; Delegation. No right or interest in this Agreement shall be
assigned or delegated by Vendor without prior, written permission of the Town, signed by the
Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision
shall be a breach of this Agreement by Vendor.
13.9 Subcontracts. No subcontract shall be entered into by the Vendor with any
other party to furnish any of the material or services specified herein without the prior written
approval of the Town. The Vendor is responsible for performance under this Agreement whether
or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any
subcontract shall be a material breach of this Agreement by Vendor.
13.10 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the Town of any existing or future right and/or remedy
available by law in the event of any claim of default or breach of this Agreement. The failure of
the Town to insist upon the strict performance of any term or condition of this Agreement or to
exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the
Town’s acceptance of and payment for services, shall not release the Vendor from any
responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a
waiver of any right of the Town to insist upon the strict performance of this Agreement.
13.11 Attorneys’ Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’
fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall
be deemed to have accrued on the commencement of such action and shall be enforced whether or
not such action is prosecuted through judgment.
13.12 Liens. All materials or services shall be free of all liens and, if the Town
requests, a formal release of all liens shall be delivered to the Town.
13.13 Offset.
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A. Offset for Damages. In addition to all other remedies at law or
equity, the Town may offset from any money due to the Vendor any amounts Vendor owes
to the Town for damages resulting from breach or deficiencies in performance or breach of
any obligation under this Agreement.
B. Offset for Delinquent Fees or Taxes. The Town may offset from
any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees,
transaction privilege taxes and property taxes, including any interest or penalties.
13.14 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 (A) delivered to the party at the address set forth below, (B) deposited in the U.S.
Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to
a recognized and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East 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 Vendor: ASR Construction Group, LLC
481 E. Baseline Rd., #103
Gilbert, Az. 85233
Attn: Dan Anderson
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 (A) when delivered to the party, (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (C) 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.
13.15 Confidentiality of Records. The Vendor shall establish and maintain
procedures and controls that are acceptable to the Town for the purpose of ensuring that
information contained in its records or obtained from the Town or from others in carrying out its
obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or
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employees, except as required to perform Vendor’s duties under this Agreement. Persons
requesting such information should be referred to the Town. Vendor also agrees that any
information pertaining to individual persons shall not be divulged other than to employees or
officers of Vendor as needed for the performance of duties under this Agreement.
13.16 Records and Audit Rights. To ensure that the Vendor and its subcontractors
are complying with the warranty under subsection 13.17 below, Vendor’s and its subcontractor’s
books, records, correspondence, accounting procedures and practices, and any other supporting
evidence relating to this Agreement, including the papers of any Vendor 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 (A) evaluation and verification of any invoices, payments or claims based on Vendor’s and
its subcontractors’ actual costs (including direct and indirect costs and overhead allocations)
incurred, or units expended directly in the performance of work under this Agreement and (B)
evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer
sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to
audit Records as set forth in this subsection, Vendor 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 Vendor pursuant to this
Agreement. Vendor 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
subsection. The Town shall give Vendor or its subcontractors reasonable advance notice of
intended audits. Vendor shall require its subcontractors to comply with the provisions of this
subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. §
41-4401, the Vendor 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). Vendor’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.
13.18 Israel. Vendor 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.
13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity
among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the
documents shall govern in the order listed herein.
13.20 Non-Exclusive Contract. This Agreement is entered into with the
understanding and agreement that it is for the sole convenience of the Town. The Town reserves
the right to obtain like goods and services from another source when necessary.
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[SIGNATURES 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:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Aaron Arnson (Sep 7, 2022 13:23 PDT)
Linda Mendenhall (Sep 7, 2022 14:19 PDT)
Linda Mendenhall
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
ASR Construction Group, LLC, a(n) Arizona limited liability company
Daniel Anderson
Managing Member
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ASR CONSTRUCTION GROUP, LLC
[Consultant’s Proposal/Scope]
See following pages.
Town of Fountain Hills
Admin-Procurement
Robert Durham, Procurement Officer
16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-025
Panorama Drive Storm Drain Pipe Replacement Phase II
RESPONSE DEADLINE: August 16, 2022 at 3:00 pm
Report Generated: Wednesday, August 17, 2022
ASR Construction Group Proposal
CONTACT INFORMATION
Company:
ASR Construction Group
Email:
d.anderson@asr-cg.com
Contact:
Dan Anderson
Address:
481 E Baseline Rd, #103
Gilbert, AZ 85233
Phone:
(480) 435-6398
Website:
www.asr-cg.com
Submission Date:
Aug 16, 2022 12:44 PM
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-025
Panorama Drive Storm Drain Pipe Replacement Phase II
PROPOSAL DOCUMENT REPORT
Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II
Page 2
ADDENDA CONFIRMATION
Addendum #1
Confirmed Aug 15, 2022 4:55 PM by Trevor Wilson
Addendum #2
Confirmed Aug 15, 2022 4:55 PM by Trevor Wilson
Addendum #3
Confirmed Aug 15, 2022 4:55 PM by Trevor Wilson
Addendum #4
Confirmed Aug 15, 2022 4:55 PM by Trevor Wilson
Addendum #5
Confirmed Aug 15, 2022 4:55 PM by Trevor Wilson
Addendum #6
Confirmed Aug 15, 2022 4:55 PM by Trevor Wilson
QUESTIONNAIRE
1. Licenses
CONTRACTOR'S LICENSE*
Please upload your current AZ Contractor's License here
ASR_CG_A_ROC_330940_-_2022_-_2024.pdfASR_CG_B-1_ROC_330947_-_2022-2024.pdf
ARIZONA TRANSACTION PRIVILEGE TAX LICENSE*
Please upload your Arizona Transaction Privilege Tax License here
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-025
Panorama Drive Storm Drain Pipe Replacement Phase II
PROPOSAL DOCUMENT REPORT
Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II
Page 3
2022_TPT_License.pdf
2. DBE/WBE STATUS
DBE/WBE STATUS*
Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned business enterprise?
No
DBE/WBE STATUS - YES
If you answered yes please provide details and documentation of the certification here
No response submitted
3. References
Provide the following information for three clients for whom Bidder has successfully completed similar projects as stated in Bid
Process and Award subsection Bidder Qualifications within the past 60 months. Failure to provide three accurate and suitable
references will result in disqualification. Bidder may also attach another sheet with additional references.
REFERENCE # 1*
Please provide the following information for your 1st reference:
• Company
• Address
• City/State/Zip Code
• Contact
• Telephone Number
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-025
Panorama Drive Storm Drain Pipe Replacement Phase II
PROPOSAL DOCUMENT REPORT
Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II
Page 4
• Date of Contract Initiation
• Date of Contract Expiration
• Final Project Cost
• Project Description
NCS Engineers (Engineer for Pioneer WWTP Rehabilitation)
202 E Earl Drive, Suite 110
Phoenix AZ 85012
Ken Herbert
480-390-6392
10/2021
3/2022
$1,020,572
Rehabilitation of package waste water plant to include concrete repair, aeration system upgrades, Fabricated weirs and catwal ks and
the temporary treatment system required to complete work on operational system.
REFERENCE # 2*
Please provide the following information for your 1st reference:
• Company
• Address
• City/State/Zip Code
• Contact
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-025
Panorama Drive Storm Drain Pipe Replacement Phase II
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Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II
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• Telephone Number
• Date of Contract Initiation
• Date of Contract Expiration
• Final Project Cost
• Project Description
City of Surprise Water Services Department
16000 N Civic Center Plaza
Surprise, AZ 85374
Lee Lambert
623-222-7152
4/2021
Ongoing Trade Services JOC
Current scope completed - $726,404
8 - Arsenic Vessel rehabilitations to include removal of Media, blast and recoat vessels, install new media and disinfection.
Fabrication and installation of new electrical gear canopies
Relocation of flow meter displays on influent lines
REFERENCE # 3*
Please provide the following information for your 1st reference:
• Company
• Address
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-025
Panorama Drive Storm Drain Pipe Replacement Phase II
PROPOSAL DOCUMENT REPORT
Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II
Page 6
• City/State/Zip Code
• Contact
• Telephone Number
• Date of Contract Initiation
• Date of Contract Expiration
• Final Project Cost
• Project Description
KBE Building Corporation, 8777 E Via De Ventura, Suite 106, Scottsdale AZ 85258. Gabe Valenzuela, 480 -617-2765, 5/22 anticipated
completion 9/22, contract value $535,140
4. Certification
By confirming questions under this section, the Vendor certifies:
NO COLLUSION*
The submission of the Proposal did not involve collusion or other anti-competitive practices.
Confirmed
NO DISCRIMINATION*
It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246.
Confirmed
NO GRATUITY*
PROPOSAL DOCUMENT REPORT
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It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gi ft, loan,
gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted Proposal. It
(including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of
disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process
with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager,
Assistant Town Managers, Department Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent,
except for questions submitted as set forth in Inquiries. Any attempt to influence the selection process by any means shall v oid the
submitted Proposal and any resulting Agreement.
Confirmed
FINANCIAL STABILITY*
It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential co sts resulting
from an award of the Agreement.
Confirmed
NO SIGNATURE/FALSE OR MISLEADING STATEMENT*
The signature on the cover letter of the Proposal and the Vendor Information Form is genuine and the person signing has the
authority to bind the Vendor. Failure to sign the Proposal and the Vendor Information Form, or signing either with a false or
misleading statement, shall void the submitted Proposal and any resulting Agreement.
Confirmed
PROFESSIONAL SERVICES AGREEMENT*
In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services
Agreement including the Scope of Work and other Exhibits.
Confirmed
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-025
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Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II
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5. List of Key Personnel, Subcontractor and/or Suppliers working on the project
A list of the names and emergency telephone numbers of all proposed Key Personnel, Subcontractors and suppliers that the
Contractor intends to utilize on the Project
LIST OF SUBCONTRACTORS*
The contractor must list below the Trade, Company name, License and Classification numbers of all qualified subcontractors and/or
suppliers they will employ for the various portions of work indicated. Failure on the part of the Contractor to complete this list
properly may constitute sufficient grounds to reject the bid. If no subcontractors will be listed please indicate with a N/A
Example: Trade, Company Name, ROC License #, ROC License Classification
• Grading, Hurley Contracting, ROC 150248, CR-2 Excavating, Grading, and Oil Surfacing
• Electrical, ANE Electrical, ROC 071834, C-11 Electrical
• Concrete Headwalls, DEG Construction, ROC 085560, B-1 General Commercial Contractor
LIST OF KEY PERSONNAL*
A list of the names and emergency telephone numbers of all proposed Key Personnel
Example: Name, Position Held, Emergency Telephone Number
• Dan Anderson, Managing Member, (480)435-6398
• Jesse Villa, Project Manager, (623)693-8147
• Dennis Sime, Superintendent, (480) 714-5776
LIST OF SUPPLIERS*
A list of the names and emergency telephone numbers of all proposed suppliers
Example: Name, Company, Emergency Telephone Number
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-025
Panorama Drive Storm Drain Pipe Replacement Phase II
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Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II
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If none please indicate with a N/A
• Adam Bergman, Jensen Precast, (713) 478-7349
• Kyle Wood, Oldcastle Infrastructure, (480) 963-2678
• Frank Ruegsegger, Matt Brown Trucking, (623)215-3554
• Jeremy Kuhn, Roscoe Moss, (602) 677-4266
• Kevin Oliver, Arrowhead Pump and Supply LLC, (623) 606-4275
UPLOADED DOCUMENTS (MISC.)
Please upload any documents here (no pricing here, please use the bid matrix)
1.0_Current_Lead_Times.pdf1.0_Redlined_IFB.pdf
PRICE TABLES
UNIT PRICING
Line Item Description Quantity Unit of
Measure
Unit Cost Total
105.80000 CONSTRUCTION SURVEYING 1 LS $4,723.43 $4,723.43
109.09000 MOBILIZATION/DEMOBILIZATION 1 LS $30,007.91 $30,007.91
112.01000 CONTRACTOR QUALITY CONTROL 1 LS $17,544.15 $17,544.15
401.01000 TRAFFIC CONTROL 1 LS $14,170.28 $14,170.28
201.30000 CLEARING AND GRUBBING 1 LS $65,779.14 $65,779.14
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-025
Panorama Drive Storm Drain Pipe Replacement Phase II
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Line Item Description Quantity Unit of
Measure
Unit Cost Total
201.31000 REMOVE AND DISPOSE EXISTING TREE 18 EA $2,589.91 $46,618.38
350.01500 REMOVE END SECTION 1 EA $12,930.15 $12,930.15
350.50001 MISCELLANEOUS REMOVALS (PUMP CASING)) 1 LS $16,435.52 $16,435.52
350.50002 MISCELLANEOUS REMOVALS (PUMP CONTROL SYSTEM, CONDUIT, WIRING) 1 LS $1,417.03 $1,417.03
350.50003 MISCELLANEOUS REMOVALS AND SALVAGE (METAL WALK AND SUPPORTS) 1 LS $3,443.39 $3,443.39
350.50004 MISCELLANEOUS REMOVALS (RIPRAP) 481 SF $17.10 $8,225.10
220.10208 RIPRAP, D50=8IN 161 SY $76.12 $12,255.32
220.10212 RIPRAP, D50=12IN 87 SY $201.86 $17,561.82
520.01035 SAFETY RAIL, HEIGHT 3 FT – 6 IN, MAG DET 145 2 EA $910.95 $1,821.90
523.12112 HEADWALL, MAG DET 501-3, U TYPE, 12 IN PIPE 1 EA $4,318.56 $4,318.56
523.12166 HEADWALL, MAG DET 501-3, U TYPE, 66 IN PIPE 1 EA $16,194.60 $16,194.60
523.30166 ACCESS BARRIER, 66 IN PHX DET P1563 1 EA $2,091.80 $2,091.80
604.01010 CONTROLLED LOW STRENGTH MATERIAL, 1 SACK 1 LS $16,666.95 $16,666.95
625.00110 PUMP CASING AND ROCK SURROUND 1 EA $62,775.91 $62,775.91
625.00120 PUMP CONTROL SYSTEM AND APPURTENANCES 1 EA $75,068.74 $75,068.74
625.00130 PUMP WELL, SUBMERSIBLE PUMP AND APPURTENANCES 1 EA $18,088.32 $18,088.32
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-025
Panorama Drive Storm Drain Pipe Replacement Phase II
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Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II
Page 11
Line Item Description Quantity Unit of
Measure
Unit Cost Total
625.00140 FORCE MAIN WATER METER AND CHECK VALVE 1 EA $9,850.22 $9,850.22
625.00150 STEEL PLATFORM REMOVAL, SALVAGE AND REPLACEMENT 1 EA $1,895.74 $1,895.74
625.00160 ELECTRICAL SERVICE SECTION 1 EA $10,539.99 $10,539.99
618.20366 66 IN RGRCP, CLASS III 270 LF $785.19 $212,001.30
618.20366 66 IN RGRCP, CLASS III, RADIUS PIPE 190 LF $782.65 $148,703.50
618.20406 6 IN HDPE, PERFORATED, INCLUDE PEA GRAVEL AND NON-WOVEN GEOTEXTILE
FABRIC
495 LF $57.68 $28,551.60
618 6 IN HDPE STORM DRAIN PIPE 14 LF $59.60 $834.40
618 6 IN 45-DEGREE BEND 1 EA $85.02 $85.02
625.01200 STORM DRAIN MANHOLE, MAG DET 521 & 522 4 EA $36,985.76 $147,943.04
TOTAL $1,008,543.21
ALLOWANCES
Line Item Description Quantity Unit of
Measure
Unit Cost Total
107.02115 STORMWATER CONTROL MEASURES 1 Dollars $5,000.00 $5,000.00
213.01100 DEWATERING 1 Dollars $25,000.00 $25,000.00
* OWNER CONTINGENCY 1 Dollars $50,000.00 $50,000.00
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-025
Panorama Drive Storm Drain Pipe Replacement Phase II
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Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II
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Line Item Description Quantity Unit of
Measure
Unit Cost Total
TOTAL $80,000.00
STATE OF ARIZONA License No. ROC 330940 Office of tlie ~gistrar of Contractors This is to certify that: ASR Construction Group LLC OBA (if any) Having been shown to possess all the necessary qualifications, and having complied with all the requirements of the law, is by order of the Registrar of Contractors duly licensed and admitted to engage in and pursue the business of A General Engineering Contractor in the State of Arizona. Given my hand and the seal of the Registrar of Contractors in my office, City of Phoenix, on October 9, 2020 .rar -~ \l~, DIRECTOR, ARIZONA REGISTRAR OF CONTRACTORS • 1931 •
STATE OF ARIZONA License No. ROC 330947 Office of tlie ~gistrar of Contractors This is to certify that: ASR Construction Group LLC OBA (if any) Having been shown to possess all the necessary qualifications, and having complied with all the requirements of the law, is by order of the Registrar of Contractors duly licensed and admitted to engage in and pursue the business of B-1 General Commercial Contractor Contractor in the State of Arizona. Given my hand and the seal of the Registrar of Contractors in my office, City of Phoenix, on October 12, 2020 DIRECTOR, ARIZONA REGISTRAR OF CONTRACTORS
481 E Baseline Rd, Suite 103, Gilbert, AZ 85233
480.651.8277
Info@ASR-CG.com
ROC 330940 – A
ROC 330947 – B1
WWW.ASR-CG.com
Date: 8/16/2022
Subject: Panorama Drive Storm Drain Pipe Replacement Phase II Lead Times
To Whom It May Concern,
ASR Construction Group would like to offer the following explanation of current lead times for major
components of this project, due to the current market volatility the quoted times are subject to change. Note – the lead
times shown are from time of approved submittal.
66” Reinforced Concrete Pipe – 9 to 11 weeks
66” Pipe Manholes/ Junction Structures – 14 to 16 weeks
Electrical Control Systems and Panels – 12 to 15 weeks
Vertical Turbine Pump – 10 to 12 weeks
Pump Casing – 2 to 3 weeks
Thank you,
Trevor Wilson
ASR Construction Group LLC.
Preconstruction Estimator
C: 480.698.2551 / O: 480.651.8277
T.Wilson@asr-cg.com
www.ASR-CG.com
IFB-2022-025
INVITATION FOR BIDS
PANORAMA DRIVE STORM DRAIN PIPE REPLACEMENT PHASE II
The Town of Fountain Hills
Admin-Procurement
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
RELEASE DATE: June 22, 2022
DEADLINE FOR QUESTIONS: July 28, 2022
RESPONSE DEADLINE: August 16, 2022, 3:00 pm
Invitation for Bids #IFB-2022-025
Title: Panorama Drive Storm Drain Pipe Replacement Phase II
2
Town of Fountain Hills
INVITATION FOR BIDS
Panorama Drive Storm Drain Pipe Replacement Phase II
I. Introduction ..........................................................................................
II. Definitions ............................................................................................
III. Bid Process and Award ..........................................................................
IV. Terms and Conditions ...........................................................................
V. Performance of the Work .....................................................................
VI. Miscellaneous Terms and Conditions ....................................................
VII. Alternative Dispute Resolution .............................................................
VIII. Scope of Work ......................................................................................
IX. Vendor Questionnaire...........................................................................
X. Pricing Proposal ....................................................................................
Attachments:
A - Fountain_Hills_PSA_Sample_8-12-2021 (13)
B - Panorama Drive Ph 2 - Plumbing Plan
C - Panorama Drive Ph 2 - Storm Drain Plan
D - Panorama Drive Ph 2 - Technical Specifications
E - Panorama Drive Ph 2 - Electrical Plan
Invitation for Bids #IFB-2022-025
Title: Panorama Drive Storm Drain Pipe Replacement Phase II
3
1. INTRODUCTION
In accordance with the Town of Fountain Hills Procurement Code, competitive sealed Bids for the
services specified herein will be received by the Town's e-Procurement Portal located at
https://secure.procurenow.com/portal/fhaz. Bids received by the Bid Deadline shall be publicly opened
and the Bid Price read.
1.1. Summary
The Town of Fountain Hills (the “Town”) is issuing this Invitation for Bid (this “IFB”) from qualified,
licensed firms (“Vendors”) as more particularly described in the Scope of Work. In accordance with the
Town’s Procurement Code, the Town will accept sealed bids for the Goods/Services specified in the
Scope of Work.
1.2. Background
The Town of Fountain Hills (Town) is located in the northeast portion of the Phoenix Valley and is
bordered by the McDowell Mountain Regional Park within Maricopa County. The Town is east of the
City of Scottsdale, north of the Salt River Pima-Maricopa Indian Community, and west of the Fort
McDowell Yavapai Nation. Fountain Hills is famous for the spectacular projection of its signature
fountain, which can be viewed from many vantage points within and outside the Town.
The Town is also renowned for its preservation of the natural desert, its abundant wildlife, scenic
qualities and dark skies. One of Fountain Hills’ most valuable assets is its natural beauty. The Town’s
scenic terrain provide for a wide range of outdoor activities including hiking, biking, and golf lifestyles
views and desert in support of healthy lifestyles. Fountain Hills contains some of the more challenging
and picturesque golf courses in the State of Arizona. Its dark skies provide opportunities for star gazing.
Fountain Hills was named by Phoenix Magazine as the best place to live in the Valley of the Sun and was
cited as "a welcome oasis on the outskirts of a metropolis." The small town charm, lakeside park, Town
Center, relaxed desert lifestyle, lush desert landscapes, diverse landforms, public art, and idyllic location
at the foothills of a picturesque mountain setting overlooking Fountain Park make Fountain Hills an oasis
in the desert.
A step away from the bustling Phoenix metro area, Fountain Hills' aesthetics and natural desert setting
creates a desirable environment for a variety of lifestyles. Artists, professionals, retirees, singles, new
families, permanent and seasonal residents call this world apart home.
1.3. Contact Information
Rob Durham
Procurement Administrator
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Email: rdurham@fountainhillsaz.gov
Phone: (480) 816-5128
Invitation for Bids #IFB-2022-025
Title: Panorama Drive Storm Drain Pipe Replacement Phase II
4
Department:
Admin-Procurement
1.4. Timeline
Release Project Date June 22, 2022
Advertisement: Fountain Hills Times June 22, 2022 & June 29, 2022
Advertisement: Arizona Business Gazette June 23, 2022 & June 30, 2022
Pre-Proposal Meeting (Non-Mandatory) July 18, 2022, 10:00am
Fountain Hills Town Hall
Council Chambers
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Final Date for Inquires July 28, 2022, 3:00pm
Bid Deadline August 16, 2022, 3:00pm
Bid Opening August 16, 2022 @ 3:30pm
Fountain Hills Town Hall
Council Chambers
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Invitation for Bids #IFB-2022-025
Title: Panorama Drive Storm Drain Pipe Replacement Phase II
5
2. DEFINITIONS
2.1. DEFINITIONS - Construction
For purposes of this Invitation for Bids, the following definitions shall apply:
A. “Bid” or “Offer” means a responsive bid or quotation submitted by a Bidder in response to this
Invitation for Bids.
B. “Bid Deadline” means the date and time set forth on the cover of this IFB for the Town Clerk to
be in actual possession of the sealed Bids.
C. “Bid Opening” means the date and time set forth on the cover of this Invitation for Bids for
opening of sealed Bids.
D. “Bidder” means any person or firm submitting a competitive Bid in response to this IFB.
E. “Confidential Information” means that portion of a Bid, proposal, Offer, Specification or protest
that contains information that the person submitting the information believes should be
withheld, provided (i) such person submits a written statement advising the Town of this fact at
the time of the submission and (ii) the information is so identified wherever it appears.
F. “Contract” means, collectively,
1. The Offer/Bid,
2. This IFB, including all attachments,
3. The Notice of Award,
4. The Notice to Proceed or Purchase Order(s),
5. Any approved Addendum, Change Order or Amendment,
6. The Contractor’s Certificates of Insurance and a copy of the Declarations Page(s) of the
insurance policies,
7. The Certificate of Completion,
8. Any Plans, Specifications or other documents attached, appended or incorporated herein by
reference.
9. Alternate or optional bid items will become part of the Contract only if they are accepted by
the Town in writing on the Price Sheet.
G. “Contractor” means the individual, partnership, corporation or limited liability company who
has submitted a Bid in response to this IFB and who, as a result of the competitive bidding
process, is awarded a contract for Materials or Services by the Town.
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Title: Panorama Drive Storm Drain Pipe Replacement Phase II
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H. “Contract Time” means the time period during which the Contractor must complete all of the
Work related to the Project.
I. “Day(s)” means calendar day(s) unless otherwise specified.
J. “Engineer” means the Town Engineer or authorized designee.
K. “Final Completion” shall be defined as set forth in Terms and Conditions section: Final
Completion and shall occur not later than 30 Days from the date of Substantial Completion
unless otherwise designated by the Engineer and subject to modification by changes in the
Work as provided in Terms and Conditions section: Changes in Work below.
L. “Invitation for Bids” or “IFB” means this request by the Town for participation in the competitive
bidding process according to all documents, including those attached or incorporated herein by
reference, utilized for soliciting Bids for the Services and/or Materials and/or Services in
compliance with the Town’s Procurement Code.
M. “MAG Specifications” means, collectively, the “Uniform Standard Specifications for Public Works
Construction,” current edition as of the date of Contract award and the “Uniform Standard
Details for Public Works Construction,” current edition as of the date of Contract award, which
are sponsored and distributed by the Maricopa Association of Governments (“MAG”) and any
amendments or supplements adopted by the Town.
N. “MAG Supplement” means the most current edition of the Town of Fountain Hills Supplement
to the MAG Uniform Standard Specifications and Details for Public Works Construction.
O. “Materials” means any personal property, including equipment, materials, replacements and
supplies provided by the Contractor in conjunction with the Contract and shall include, in
addition to Materials incorporated in the Project, equipment and other material used and/or
consumed in the performance of the Work.
P. “Multiple Award” means an award of an indefinite quantity contract for one or more similar
products, commodities or Services to more than one Bidder.
Q. “Price” means the total expenditure for the defined Project, inclusive of all Materials,
commodities or Services.
R. “Procurement Administrator” means a Town employee, as designated on the cover of this IFB,
who has specifically been designated to act as a contact person to the Bidders and/or Contractor
relating to their IFB.
S. “Procurement Agent” means the Town Manager or authorized designee.
T. “Procurement Code” means the Town’s Procurement Code, as amended from time to time.
U. “Project” means the purpose and Work described as set forth in the “Scope of Work ” of the IFB.
Invitation for Bids #IFB-2022-025
Title: Panorama Drive Storm Drain Pipe Replacement Phase II
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V. “Punch List” means that list of items provided by Town to Contractor at the time of Substantial
Completion indicating items to be completed or corrected, including the time for completion or
correction by Contractor after Substantial Completion.
W. “Services” means the furnishing of labor, time or effort by a Contractor, not involving the
delivery of a specific end product other than reports which are merely incidental to the required
performance and as further defined in the Contract. This term does not include “professional
and technical services” as defined in the Procurement Code.
X. “Specification” means any description of the physical characteristics, functional characteristics,
or the nature of a commodity, product, supply or Services. The term may include a description
of any requirements for inspecting, testing, or preparing a supply or service item for delivery.
Y. “Subcontractor” means those persons or groups of persons having a direct contract with the
Contractor to perform a portion of the Work and those who furnish Materials according to the
plans and/or Specifications required by this Contract.
Z. “Substantial Completion” shall be defined as set forth in Terms and Conditions section:
substantial completion below and shall occur not later than the date set forth in the Schedule,
subject to modification by changes in the Work as provided in Terms and Conditions section:
Changes in Work below.
AA. “Town” means the Town of Fountain Hills, an Arizona municipal corporation.
BB. “Town Representative” means the Town employee who has specifically been designated to act
as a contact person to the Town’s Procurement Administrator, and who is responsible for
monitoring and overseeing the Contractor’s performance under the Contract and for providing
information regarding details pertaining to the Work.
CC. “Vendor” means any firms, entities or individuals desiring to prepare a responsive Bid in
response to this IFB.
DD. “Work” means all labor, Materials and equipment incorporated or to be incorporated in the
Project that are necessary to accomplish the construction required by this Contract.
Invitation for Bids #IFB-2022-025
Title: Panorama Drive Storm Drain Pipe Replacement Phase II
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3. BID PROCESS AND AWARD
3.1. Purpose/Scope of Work.
The Work included in this Project consists of
The Town is issuing this IFB is to secure a qualified General Contractor to perform the Work and provide
Materials as more particularly described in the Specifications attached hereto, and incorporated herein
by reference. Bidders must submit Bids encompassing the entire Project, inclusive of the related Plans
and/or Construction Drawings. Failure to do so may result in a determination that the Bid is non-
responsive.
3.2. Amendment of IFB
Except as set forth in Miscellaneous Terms and Conditions section: Contract Amendments below, no
alteration may be made to this IFB or the resultant Contract without the express, written approval of the
Town in the form of an official IFB addendum or Contract amendment. Any attempt to alter this
IFB/Contract without such approval is a violation of this IFB/Contract and the Town Procurement Code.
Any such action is subject to the legal and contractual remedies available to the Town including, but not
limited to, Contract cancellation and suspension and/or debarment of the Bidder or Contractor.
3.3. Preparation/Submission of Bid
Bidders are invited to participate in the competitive bidding process for the Project specified in this IFB.
Bidders shall review their Bid submissions to ensure the following requirements are met.
A. Irregular/Non-responsive Bids. The Town will consider as “irregular” or “non-responsive” and
shall reject any Bid not prepared and submitted in accordance with the IFB and Specifications, or
any Bid lacking sufficient information to enable the Town to make a reasonable determination
of compliance with the Specifications. Unauthorized or unreasonable exceptions, conditions,
limitations, or provisions shall be cause for rejection. Bids may be deemed non-responsive at
any time during the evaluation process if, in the sole opinion of the Procurement Agent, any of
the following are true:
1. Bidder does not meet the minimum required skill, experience or requirements to perform
the Work or provide the Materials.
2. Bidder has a past record of failing to fully perform or fulfill contractual obligations.
3. Bidder cannot demonstrate financial stability.
4. Bid submission contains false, inaccurate or misleading statements that, in the opinion of
the Procurement Agent, are intended to mislead the Town in its evaluation of the Bid.
B. Specification Minimums. Bidders are reminded that the Specifications in this IFB are the
minimum levels required and that Bids submitted must be for products that meet or exceed the
minimum level of all features specifically listed in this IFB. Bids offering less than the minimums
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specified will be deemed not responsive. It shall be the Bidder’s responsibility to carefully
examine each item listed in the Specifications.
C. Required Submittal. Bidders shall provide all of the following documents to be considered a
responsive Bid:
1. Complete, fully executed original of this IFB, with the Offer signed in ink (or electronic
signature) by a person authorized to bind the Bidder.
2. Price Sheet.
3. Bid Bond.
4. Licenses; Certifications; /DBE & MBE Status.
5. References.
6. Federal Requirements, if applicable
7. Acknowledgement for each Addendum received, if any
D. Bidder Responsibilities. All Bidders shall (1) examine the entire Bid package, (2) seek clarification
of any item or requirement that may not be clear, (3) check all responses for accuracy before
submitting a Bid and (4) submit the entire, completed Bid package by the official Bid Deadline.
Late Bids shall not be considered. Bids not submitted with an original, signed Offer page by a
person authorized to bind the Bidder shall be considered non-responsive. Negligence in
preparing a Bid shall not be good cause for withdrawal after the Bid Deadline.
E. Bid Forms. All Bids shall be on the forms provided in this IFB. It is permissible to copy these
forms if required. Telegraphic (facsimile), electronic (email) or mailgram Bids will not be
considered.
F. Modifications. Erasures, interlineations, or other modifications in the Bid shall be initialed in
original ink by the authorized person signing the Bid.
G. Withdrawal. At any time prior to the specified Bid Opening, a Bidder (or designated
representative) may amend or withdraw its Bid. Facsimile, electronic (email) or mailgram Bid
amendments or withdrawals will not be considered. No Bid shall be altered, amended or
withdrawn after the specified Bid Deadline, unless otherwise permitted pursuant to the Town
Procurement Code.
3.4. Inquiries; Interpretation of Plans, Specifications; and Drawings
A. Inquiries. Bidders shall submit all inquiries regarding this bid via the Town’s e-Procurement
Portal, located at https://secure.procurenow.com/portal/fhaz. Please note the deadline for
submitting inquiries will be Thursday, July 28, 2022 at 3:00 pm. All answers to inquiries will be
posted on the Town’s e-Procurement Portal. Bidders may also click “Follow” on this bid to
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receive an email notification when answers are posted. It is the responsibility of the bidder to
check the website for answers to inquiries.
B. Addenda Notification: Bidders are required to register for an account via the Town’s e-
Procurement Portal hosted by ProcureNow. Once bidder has completed registration, you will
receive addenda notifications to your email by clicking “Follow” on this project. Ultimately, it is
sole responsibility of each bidder to periodically check the site for any addenda at
https://secure.procurenow.com/portal/fhaz.
C. Bids may be received up to but not later than Tuesday, August 16, 2022 at 3:00 pm via the
Town’s e-Procurement Portal located at https://secure.procurenow.com/portal/FHAZ. The
Town’s e-Procurement Portal Clock is the official clock for the determination of all deadline
dates and times. Without exception, responses will not be accepted after the submission
deadline regardless of any technical difficulties such as poor internet connections. The Town
strongly recommends completing your response well ahead of the deadline.
D. Approval of Substitutions. The Materials, products, and equipment described in this IFB
establish a standard or required function, dimension, appearance and quality to be met by any
proposed substitution. No substitute will be considered unless written Substitution/Equal
Request has been made in the Town's Q&A Tab of the e-Procurement Portal, and has been
received by the Town Representative at least 10 Days prior to the Bid Deadline. Each such
request shall include the name of the Material or equipment for which it is to be substituted and
a complete description of the substitute, including any drawings, performance and test data and
any other information necessary for evaluation of the proposed substitute. If a substitute is
approved, the approval shall be by written addendum to the IFB. Bidder shall not rely upon
approvals made in any other manner.
E. Use of Equals. When the Specifications for materials, articles, products and equipment include
the phrase “or equal,” Bidder may bid upon and use materials, articles, products and equipment
that will perform equally the requirements imposed by the general design. The Engineer will
have the final approval of all materials, articles, products and equipment proposed to be used as
an “equal.” No such “equal” shall be purchased or installed without prior, written approval from
the Engineer. No "equal" will considered unless a written Substitution/Equal Request, the form
attached hereto as Exhibit B, has been received by the Town Representative at least 10 Days
prior to the Bid Deadline. The request shall include the name of the material or equipment for
which the item is sought to be considered an equal and a complete description of the proposed
equal including any drawings, cuts, performance and test data and any other information
necessary for evaluation of the equal. All approval of equals shall be issued in the form of
written addendum or amendment, as applicable, to this IFB or the Contract.
F. Bid Quantities. It is expressly understood and agreed by the parties hereto that the quantities of
the various classes of Services and/or Materials to be furnished under this Contract, which have
been estimated as stated in the Bidders’ Offer, are only approximate and are to be used solely
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for the purpose of comparing, on a consistent basis, the Bidders’ Offers presented for the Work
under this Contract. The selected Contractor agrees that the Town shall not be held responsible
if any of the quantities shall be found to be incorrect and the Contractor will not make any claim
for damages or for loss of profits because of a difference between the quantities of the various
classes of Services and/or Materials as estimated and the Services and/or Materials actually
provided. Contractor is responsible for ensuring that all Materials contained in the Plans for the
project are bid on the Price Sheet. Contractor shall bring any potential discrepancy between the
Plans and the Price Sheet to the Town’s attention, either at the Prospective Bidders’ Conference
or by written inquiry, as set forth in Subsection 2.4(A) above. If any error, omission or
misstatement is found to occur, the same shall not (1) invalidate the Contract or the whole or
any part of the Scope of Work, (2) excuse Contractor from any of the obligations or liabilities
hereunder or (3) entitle Contractor to any damage or compensation except as may be provided
in this Contract.
3.5. Prospective Bidders’ Conference
A Prospective Bidders’ Conference may be held. If scheduled, the date and time of the Prospective
Bidders’ Conference will be indicated on the cover page of this IFB. The Prospective Bidders’ Conference
may be designated as mandatory or non-mandatory on the cover of this IFB. Bids shall not be accepted
from Bidders who do not attend a mandatory Prospective Bidders’ Conference. Bidders are strongly
encouraged to attend those Prospective Bidder’s Conferences designated as non-mandatory. The
purpose of the Prospective Bidders’ Conference will be to clarify the contents of the IFB in order to
prevent any misunderstanding of the Town’s requirements. Any doubt as to the requirements of this IFB
or any apparent omission or discrepancy should be presented to the Town at the Prospective Bidders’
Conference. The Town will then determine if any action is necessary and may issue a written
amendment or addendum to the IFB. Oral statements or instructions will not constitute an amendment
or addendum to the IFB.
3.6. New Materials
All Materials to be provided by the Contractor and included in the Bid shall be new, unless otherwise
stated in the Specifications.
3.7. Prices
Work shall be performed at the unit prices as set forth in the Price Sheet and incorporated herein by
reference. Bid prices shall be submitted on a per unit basis by line item, when applicable and include all
applicable sales tax. In the event of a disparity between the unit price and extended price, the unit price,
shall prevail. NOTE: All pricing blanks must be filled in. Empty or unfilled spaces in the Bid Price Sheet
shall result in a determination that a Bid is non-responsive.
3.8. Allowances
Allowances, if any, shall be clearly set forth on the Price Sheet. Allowances shall cover the cost to the
Contractor (less any applicable trade discount) of the Materials including equipment required by the
Allowance, delivered at the site, and all applicable taxes, overhead, profit handling and other general
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conditions costs, unless unit rates are available in the Price Sheet. Unit rates from the Price Sheet shall
be used to determine the cost of a change to be paid from an Allowance, when applicable. Any
remaining Allowance amount shall be returned to the Town at the end of the Project by deductive
change order.
3.9. Payment; Discounts
Any Bid that requires payment in less than 30 Days shall not be considered. Payment discounts of 30
Days or less will not be deducted from the Bid Price in determining the low Bid. The Town shall be
entitled to take advantage of any payment discount offered, provided payment is made within the
discount period. Payment discounts shall be indicated on Price Sheet.
3.10. Taxes
The Town is exempt from Federal Excise Tax, including the Federal Transportation Tax. Transaction
privilege tax, if any, shall be included in the unit price for each line item. It shall not be considered a
lump sum payment item. It is the sole responsibility of the Bidder to determine any applicable State tax
rates and calculate the tax accordingly. When calculating the tax on the Bid, the Bidder should not
include tax on any allowances. Failure to accurately tabulate any applicable taxes may result in a
determination that a Bid is non-responsive. The Bidder shall not rely on, and shall independently verify,
any tax information provided by the Town.
3.11. Cost of Bid/Proposal Preparation
Bids submitted for consideration should be prepared simply and economically, providing adequate
information in a straightforward and concise manner. The Town does not reimburse the cost of
developing, presenting or providing any response to this solicitation; the Bidder is responsible for all
costs incurred in responding to this IFB. All materials and documents submitted in response to this IFB
become the property of the Town and will not be returned.
3.12. Public Record
All Bids shall become the property of the Town. After Contract award, Bids shall become public records
and shall be available for public inspection in accordance with the Town’s Procurement Code, except
that any portion of a Bid that was designated as confidential pursuant to Section Confidential
Information below shall remain confidential from and after the time of Bid opening to the extent
permitted by Arizona law.
3.13. Confidential Information
If a Vendor/Bidder believes that a Bid, Specification, or protest contains information that should be
withheld from the public record, a statement advising the Procurement Agent of this fact shall
accompany the submission and the information shall be clearly identified. The information identified by
the Vendor or Bidder as confidential shall not be disclosed until the Procurement Agent makes a written
determination. The Procurement Agent shall review the statement and information with the Town
Attorney and shall determine in writing whether the information shall be withheld. If the Town Attorney
determines that it is proper to disclose the information, the Procurement Agent shall inform the Vendor
or Bidder in writing of such determination.
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3.14. Vendor Licensing and Registration
Prior to the award of the Contract, the successful Bidder shall be registered with the Arizona
Corporation Commission and authorized to do business in Arizona. Bidders shall provide license and
certification information with the Bid, which can be provided in Vendor Questionnaire and incorporated
herein by reference. Upon the Town’s request, corporations, limited liability companies, partnerships or
other entities shall provide Certificates of Good Standing from the Arizona Corporation Commission. A
Town of Fountain Hills business license is also required upon contract award.
3.15. Bidder Qualifications
A. Experience and References. Bidder must demonstrate successful completion of at least three
similar projects within the past 60 months, one of which must have a dollar value of at least 75%
of the total bid for this Project as set forth in the Price Sheet. Total bid price does not include
any Town allowances identified. For the purpose of this Solicitation, “successful completion”
means completion of a project within the established schedule and budget and “similar
projects” resemble this Project in size, nature and scope. References for these three projects
shall be listed Vendor Questionnaire and incorporated herein by reference. These references
will be checked, and it is Bidder’s responsibility to ensure that all information is accurate and
current. Bidder authorizes the Town’s representative to verify all information from these
references and releases all those concerned from any liability in connection with the
information they provide.
B. Investigation. The Town’s representative may conduct any investigation deemed necessary to
determine the Bidder’s ability to perform the Work in accordance with the Contract Documents.
The three lowest Bidders may be requested to submit additional documentation within 72 hours
(or as specified) to assist the Town in its evaluation.
3.16. Certification
A. By submitting a Bid, the Bidder certifies: No Collusion, The submission of the Bid did not involve
collusion or other anti-competitive practices.
B. By submitting a Bid, the Bidder certifies: No Discrimination, It shall not discriminate against any
employee or applicant for employment in violation of Federal Executive Order 11246.
C. By submitting a Bid, the Bidder certifies: No Gratuity, It has not given, offered to give, nor
intends to give at any time hereafter, any economic opportunity, future employment, gift, loan,
gratuity, special discount, trip favor or service to a Town employee, officer, agent or elected
official in connection with the submitted Bid or a resultant Contract. In the event that the
resultant Contract is canceled pursuant to this provision, the Town shall be entitled, in addition
to any other rights and remedies, to recover and withhold from the Contractor an amount equal
to 150% of the gratuity.
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D.By submitting a Bid, the Bidder certifies: Financial Stability, It is financially stable, solvent and
has adequate cash reserves to meet all financial obligations including any potential costs
resulting from an award of the Contract.
E.By submitting a Bid, the Bidder certifies: No Signature/False Statement, The signature on the Bid
and the Vendor Information Form is genuine. Failure to sign the Bid or the Vendor Information
Form, or signing either with a false statement, shall void the submitted Bid and any resulting
Contract, and the Bidder may be debarred from further bidding in the Town.
3.17. Bid Bond
All Vendors desiring to prepare a responsive Bid shall submit a non-revocable bid security payable to the
Town in the amount of ten percent (10%) of the total Bid Price. This security shall be in the form of a bid
bond, certified check or cashier’s check and must be in the possession of the Town Representative by
the Bid Deadline. All bid security from Contractor(s) who have been issued a Notice of Award shall be
held until the successful execution of all required Contract Documents and bonds. If the Contractor fails
to execute the required contractual documents and bonds within the time specified, or 10 Days after
Notice of Award if no period is specified, the Contractor may be found to be in default and the Contract
terminated by the Town. In case of default, the Town reserves all rights inclusive of, but not limited to,
the right to purchase material and/or to complete the Work and to recover any actual excess costs
associated with such completion from the Contractor. All bid bonds shall be executed in the form
attached hereto as Exhibit F , duly executed by the Bidder as Principal and having as Surety thereon a
Surety company holding a Certificate of Authority from the Arizona Department of Insurance to transact
surety business in the State of Arizona. Individual sureties are unacceptable. All insurers and sureties
shall have, at the time of submission of the proposal, an A.M. Best’s Key Rating Guide of “A-” or better
as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. As soon as is
practicable after the completion of the evaluation, the Town will (A) issue a Notice of Award for those
Offers accepted by the Town and (B) return all checks or bonds to those Bidders who have not been
issued a Notice of Award.
3.18. Award of Contract
A.Multiple Award
1.The Town may, at its sole discretion, accept Bidder’s Offer as part of a Multiple Award.
B.Evaluation
1.The evaluation of this Bid will be based on, but not limited to, the following:
a.compliance with Specifications,
b.Price, including alternates selected by the Town, if any, and taxes, but excluding “as-
needed” services requested by the Town and
c.Bidder qualifications to perform the Work.
C.Waiver, Rejection, Reissuance
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1. Notwithstanding any other provision of this IFB, the Town expressly reserves the right to:
a. waive any immaterial defect or informality,
b. reject any or all Bids or portions thereof and
c. cancel or reissue an IFB.
D. Offer
1. A Bid is a binding offer to contract with the Town based upon the terms, conditions and
specifications contained in this IFB and the Bidder’s responsive Bid, unless any of the terms,
conditions, or specifications are modified by a written addendum or contract amendment.
Bids become binding contracts when the Acceptance of Offer and Notice of Award is
executed in writing by the Town. Bidder Offers shall be valid and irrevocable for 90 Days
after the Bid Opening.
E. Protests
1. Any Bidder may protest this IFB, the proposed award of a Contract, or the actual award of a
Contract. All protests will be considered in accordance with the process set forth by the
Town Manager or qualified designee.
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4. TERMS AND CONDITIONS
4.1. Reference Standards
The Contractor shall perform the Work required in conformance with MAG Specifications and the MAG
Supplement, each of which is incorporated herein by reference. In the event of a conflict between the
MAG Specifications and the MAG Supplement, the MAG Supplement shall prevail.
4.2. Plans and Specifications to Successful Contractor
The successful Contractor shall print their own Plans and Specifications for this Project from the Town’s
e-Procurement website: https://secure.procurenow.com/portal/fhaz
4.3. Contract Time
The Contract Time for this Project shall be 60 Calendrer days from the Notice to Proceed. All Work on
the Project shall be completed on or before the expiration of the Contract Time.
4.4. Pre-Construction Conference
Within 30 Days of the issuance of the Notice of Award, the Contractor shall attend a pre-construction
conference. The Town will contact the Contractor to schedule a specific date, time and location for the
pre-construction conference. The purpose of this conference is to outline specific items and procedures
and to address items that require special attention on the part of the Contractor. The Contractor may
also present proposed variations in procedures that the Contractor believes may (A) improve the
Project, (B) reduce cost or (C) reduce inconvenience to the public. Any necessary coordination and
procedures for construction inspection and staking will be addressed during the pre-construction
conference. The Contractor will be required to provide the following items at, or prior to, the pre-
construction conference, each of which is subject to review and approval by the Engineer:
A. Key Personnel: Subcontractors
1. A list of the names and emergency telephone numbers of all proposed Key Personnel,
Subcontractors and suppliers that the Contractor intends to utilize on the Project should be
notated in the Vendor Questionnaire and incorporated herein by reference. The term “Key
Personnel” means individuals who will be directly assigned to this Project and includes, but
is not limited to, the owner, principals, project manager, project superintendent, scheduler,
construction engineer and supervisory personnel. At least two of the Bidder’s Key Personnel
must have a minimum of three years’ experience in similar projects (defined above) and the
scheduler must have experience in employing scheduling techniques appropriate for this
Project. Resumes of Key Personnel shall be submitted upon request by the Town’s
representative. Proposed Subcontractors shall be qualified and have the requisite
professional or technical licenses and be licensed to do business in the State of Arizona. The
list shall include such information on the professional background of each of the assigned
key individuals as may be requested by the Town Representative. Such key personnel and
Subcontractors shall be satisfactory to the Engineer and shall not be changed except with
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the consent of the Engineer. Additionally, the Engineer shall have the right to request that
the Contractor personnel and Subcontractors be removed from the Project if, in the
Engineer’s sole discretion, such personnel or Subcontractor(s) are detrimental to the Project
delivery process. Upon receipt of such request, the Contractor shall remove such personnel
or Subcontractor(s) unless the Contractor can provide the Town with sufficient
documentation to prove it is commercially impractical to replace the personnel or
Subcontractor(s) with substitute personnel possessing similar qualifications. The Engineer’s
approval of substituted personnel or Subcontractor(s) shall not be unreasonably withheld.
B. Progress Schedule
1. A construction progress schedule showing the estimated time for start and completion of
the major items of Work in Primavera P6 scheduling software.
C. Payment Schedule
1. A payment schedule showing the estimated dollar volume of Work for each calendar month
during the life of the Project.
D. Traffic Control
1. A written proposal, prepared by an individual who is IMSA or ATSSA certified, outlining the
intended plans for traffic control and for maintaining continuous access to residences and
businesses along the construction site.
E. Site Security
1. A written proposal outlining the intended plans to secure the Project site for public safety
and security.
F. Drawings, Materials & Equipment
1. An itemized list of all required shop drawings, material and equipment submittals and a
schedule indicating the dates each of these items will be transmitted to the Town for
review.
4.5. Notice to Proceed
Within 45 Days of the issuance of the Notice of Award the Town may issue a written Notice to Proceed.
The Notice to Proceed shall stipulate the actual Contract start date, the Contract Time and the dates of
Substantial Completion and Final Completion. The time required for the Contractor to obtain permits,
licenses and easements shall be included in the Contract Time and shall not be justification for a delay
claim by the Contractor. The time required for the Contractor to prepare, transmit and obtain approval
of applicable submittals shall be included in the Contract Time and shall not be justification for a delay
claim by the Contractor. No Work shall be started until after all required permits, licenses, and
easements have been obtained. The Contractor shall notify the Engineer, in writing, at least 72 hours
before the following events:
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A. Commencement
1. The start of construction.
B. Services Shut Down
1. Shutdown of water, sewer, drainage, irrigation and/or traffic control facilities, including the
anticipated length of time for each shut down.
C. Well or Pump Shut Down
1. Shutdown of existing water wells and booster pumps. Such shutdown shall not exceed 72
hours of any facility and only one facility may be shutdown at any one time. Shutdowns shall
be coordinated with proper utility agency/company.
D. Water Lines
1. All draining and filling of water lines and irrigation laterals and all operations of existing
valves or gauges, which shall also be coordinated with the proper utility agency/company.
E. Start-up and Testing
1. Start-up or testing of any water well or booster pump to be connected to any part of the
existing water system. This includes operation of existing valves necessary to accommodate
the water.
4.6. Laws and Regulations
The Contractor shall keep fully informed of all rules, regulations, ordinances, statutes or laws affecting
the Work herein specified, including existing and future (A) Town and County ordinances and
regulations, (B) State and Federal laws and (C) Occupational Safety and Health Administration (“OSHA”)
standards.
4.7. Rights-of-way
The Contractor shall obtain a right-of-way permit for any of the Work completed in the public right-of-
way. The Contractor will be responsible for any required Maricopa County permits or other agency
permits. The Town will provide any necessary easements for Work specified under this Contract, and the
Contractor shall not enter or occupy with workers, tools, equipment or materials any private ground
outside the property of the Town without the written consent of the owner thereof. The Contractor, at
its own expense, is responsible for the acquisition of any additional easements or rights-of-way.
4.8. Inspection, Safety and Compliance
Each Contractor must inform itself fully of the conditions relating to the construction of the Project and
the employment of labor thereon. Failure to do so will not relieve the Contractor of its obligation to
furnish all material and labor necessary to carry out the provisions of this Contract. Insofar as possible in
carrying out its work, the Contractor must employ such methods or means as will not cause any
interruption of or interference with the Work of any other contractor. Contractor affirms that it has
inspected the jobsite and has thoroughly reviewed the Contract including, without limitation, the
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Specifications within the Scope of Work, as the same may be revised by the Town, and is not relying on
any opinions or representations of Town. Contractor agrees to perform and complete such Work in strict
accordance with the Contract and under the general direction of the Town. Contractor agrees that any
exclusions of any Work must be approved in writing by the Town prior to acceptance of this Contract or
same shall not be excluded hereunder. Contractor is responsible for all safety precautions and programs
and shall provide all protection and necessary supervision to implement said precautions and programs.
Contractor shall take all reasonable precautions for the safety of and provide reasonable protection to
prevent damage, injury or loss to: (A) Town personnel and members of the public, (B) employees or
others on the Project, (C) the Work and materials and (D) other property at the Project or adjacent
thereto. Contractor shall designate a responsible person on the Project whose duty shall be prevention
of accidents. Contractor shall provide all competent supervision necessary to execute all Work and any
Work incidental thereto in a thorough, first-class, workmanlike manner. It is Contractor’s responsibility
that all of the Work and any Work incidental thereto conforms to, and is performed in accordance with,
all applicable Federal, State, County and Town laws, codes, ordinances, regulations (including National
Pollutant Discharge Elimination System and air pollution standards) and orders of public authorities
bearing on performance of the Work.
4.9. Traffic Regulations
All traffic affected by the Work under this Contract shall be regulated in accordance with the then-
current version of the City of Phoenix-Traffic Barricade Manual (the “Barricade Manual”) which is
incorporated herein by reference; provided, however, that this Contract shall govern in a conflict with
the terms of the Barricade Manual. At the time of the pre-construction conference, the Contractor shall
designate an employee who is well qualified and experienced in construction traffic control and safety
to be responsible for implementing, monitoring and altering traffic control measures, as necessary. At
the same time, the Town will designate a representative who will be responsible to see that all traffic
control and any alterations are implemented and monitored to the extent that traffic is carried through
the Work area in an effective manner and that motorists, pedestrians, bicyclists and workers are
protected from hazard and accidents.
A. Major Streets. The following shall be considered major streets: All major parkway, mile (section
line), arterial and collector (mid-section line and quarter section line) streets so classified by the
Town.
B. Traffic Control Devices. All traffic control devices required for the Work under this Contract shall
be the responsibility of the Contractor. The Contractor shall place advance warning signs (such
as REDUCE SPEED, LOOSE GRAVEL, 25 MPH SPEED LIMIT and DO NOT PASS) in accordance with
the Barricade Manual. The Contractor shall provide, erect and maintain all necessary flashing
arrow boards, barricades, suitable and sufficient warning lights, signals and signs and shall take
all necessary precautions for the protection of the Work and safety of the public. The Contractor
shall provide, erect and maintain acceptable and adequate detour signs at all closures and along
detour routes. All barricades and obstructions shall be illuminated at night, and all safety lights
shall be illuminated from sunset until sunrise. All barricades and signs used by the Contractor
shall conform to the standard design generally accepted for such purposes and payment for all
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such services and materials shall be considered as included in the other pay items of the
Contract.
C. Existing Signs. The Contractor shall ensure that all existing traffic signs are erect, clean and in full
view of the intended traffic at all times. Street name signs at major street intersections shall be
maintained erect at all times. If these signs should interfere with construction, the Contractor
shall notify the Engineer, in writing, at least 48 hours in advance for Town personnel to
temporarily relocate or cover said signs. The Engineer will direct the Contractor as to the correct
positions to re-set all traffic and street name signs to permanent locations when notified by the
Contractor that the interfering construction is complete.
D. Manual Traffic Control. Manual traffic control shall be in conformity with the Barricade Manual,
except that the designated liaison officer shall be contacted at the Maricopa County Sheriff’s
Office, District 7. When construction activities or traffic hazards at the construction site require
the use of flagmen, it shall be the Contractor’s responsibility to provide trained flagmen to direct
traffic safely. When traffic hazards at construction sites warrant the use of certified police
personnel to direct traffic, arrangements must be made with the liaison officer at the Maricopa
County Sheriff’s Office, District 7.
E. Contractor Equipment. The assembly and turnarounds of the Contractor’s equipment shall be
accomplished using adjacent local streets when possible. Equipment used and/or directed by
the Contractor shall travel with traffic at all times. Supply trucks shall travel with traffic except
when being spotted. Contractor shall provide a flagman or off-duty, uniformed Sheriff’s Deputy
to assist with spotting.
F. Traffic Alterations. During construction, it may be necessary to alter traffic control. Any such
alterations shall be in accordance with the Barricade Manual. No street within the Project area
may be closed to through traffic or to local emergency traffic without prior, written approval of
the Engineer. Written approval may be given if sufficient time exists to allow for notification of
the public at least 72 hours in advance of such closing. Partial closure of streets within the
Project shall be done in strict conformity with the Barricade Manual and the Engineer’s written
directions.
G. Intersections. Caution should be used when excavating near intersections with traffic signal
underground cable. Contractor shall notify the Engineer, in writing, 24 hours in advance of any
Work at such intersections. The Contractor shall install and maintain temporary overhead traffic
signal cable as specified by the Engineer when underground conduit is to be severed by
excavations at intersections. The Contractor shall provide an off-duty, uniformed Sheriff’s
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 Engineer’s satisfaction. Magnetic detector loops shall, under no circumstances,
be spliced.
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H. Adjacent Property Access. The Contractor shall maintain access to all businesses, schools and
residences along the Project alignment at all times in accordance with the MAG Supplement,
Section 107.7.1 (Access).
I. Covered Crossings. Where crossings of existing pavement occurs, no open trenches shall be
permitted overnight, but plating may be permitted if conditions allow, as determined by the
Engineer in his sole discretion. If plates cannot be used, crossings shall either be back-filled or
the Contractor shall provide a detour.
4.10. Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify 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”) to the extent that such Claims (or actions in respect thereof) are caused
by the negligent acts, recklessness or intentional misconduct, of the Contractor, its officers, employees,
agents, or any tier of subcontractor in connection with Contractor’s work or services in the performance
of this Agreement. The amount and type of insurance coverage requirements set forth below will in no
way be construed as limiting the scope of the indemnity in this Section.
4.11. Insurance
A. General.
1. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor,
Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum
insurance with insurance companies authorized to do business in the State of Arizona
pursuant to Ariz. Rev. Stat. § 20-206, as amended, with an AM Best, Inc. rating of A- or
above with policies and forms satisfactory to the Town. Failure to maintain insurance as
specified herein may result in termination of this Contract at the Town’s option.
2. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not
represent that coverage and limits will be adequate to protect Contractor. The Town
reserves the right to review any and all of the insurance policies and/or endorsements cited
in this Contract but has no obligation to do so. Failure to demand such evidence of full
compliance with the insurance requirements set forth in this Contract or failure to identify
any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a
waiver of, its obligation to maintain the required insurance at all times during the
performance of this Contract.
3. Additional Insured. All insurance coverage, except Workers’ Compensation insurance and
Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by
law for claims arising out of the performance of this Contract, the Town, its agents,
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representatives, officers, directors, officials and employees as Additional Insured as
specified under the respective coverage sections of this Contract.
4. Coverage Term. All insurance required herein shall be maintained in full force and effect
until all Work or Services required to be performed under the terms of this Contract are
satisfactorily performed, completed and formally accepted by the Town, unless specified
otherwise in this Contract.
5. Primary Insurance. Contractor’s insurance shall be primary insurance with respect to
performance of this Contract and in the protection of the Town as an Additional Insured.
6. Claims Made. In the event any insurance policies required by this Agreement are written on
a “claims made” basis, coverage shall extend, either by keeping coverage in force or
purchasing an extended reporting option, for three years past completion and acceptance of
the services. Such continuing coverage shall be evidenced by submission of annual
Certificates of Insurance citing applicable coverage is in force and contains the provisions as
required herein for the three-year period.
7. Waiver. All policies, except for Professional Liability, including Workers’ Compensation
insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its
agents, representatives, officials, officers and employees for any claims arising out of the
Work or Services of Contractor. Contractor shall arrange to have such subrogation waivers
incorporated into each policy via formal written endorsement thereto.
8. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these
requirements may provide coverage that contains deductibles or self-insured retention
amounts. Such deductibles or self-insured retention shall not be applicable with respect to
the policy limits provided to the Town. Contractor shall be solely responsible for any such
deductible or self-insured retention amount.
9. Use of Subcontractors. If any Work under this Contract is subcontracted in any way,
Contractor shall execute written agreement with its Subcontractors containing the
indemnification provisions set forth in this Section and insurance requirements set forth
herein protecting the Town and Contractor. Contractor shall be responsible for executing
any agreements with its Subcontractor and obtaining certificates of insurance verifying the
insurance requirements.
10. Evidence of Insurance. Prior to commencing any Work or Services under this Contract,
Contractor will provide the Town with suitable evidence of insurance in the form of
certificates of insurance and a copy of the declaration page(s) of the insurance policies as
required by this Contract, issued by Contractor’s insurance insurer(s) as evidence that
policies are placed with acceptable insurers as specified herein and provide the required
coverages, conditions and limits of coverage specified in this Contract and that such
coverage and provisions are in full force and effect. Confidential information such as the
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policy premium may be redacted from the declaration page(s) of each insurance policy,
provided that such redactions do not alter any of the information required by this Contract.
The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of
the insurance policies as evidence of coverage but such acceptance and reliance shall not
waive or alter in any way the insurance requirements or obligations of this Contract. If any
of the policies required by this Contract expire during the life of this Contract, it shall be
Contractor’s responsibility to forward renewal certificates and declaration page(s) to the
Town 30 Days prior to the expiration date. All certificates of insurance and declarations
required by this Contract shall be identified by referencing this Contract. A $25.00
administrative fee shall be assessed for all certificates or declarations received without a
reference to this Contract. Additionally, certificates of insurance and declaration page(s) of
the insurance policies submitted without referencing this Contract will be subject to
rejection and may be returned or discarded. Certificates of insurance and declaration
page(s) shall specifically include the following provisions:
a. The Town, its agents, representatives, officers, directors, officials and employees are
Additional Insureds as follows:
i. Commercial General Liability - Under Insurance Services Office, Inc., (“ISO”) Form CG
20 10 03 97 or equivalent.
ii. Auto Liability - Under ISO Form CA 20 48 or equivalent.
iii. Excess Liability - Follow Form to underlying insurance.
b. Contractor’s insurance shall be primary insurance with respect to performance of the
Contract.
c. All policies, except for Professional Liability, including Workers’ Compensation, waive
rights of recovery (subrogation) against Town, its agents, representatives, officers,
officials and employees for any claims arising out of Work or Services performed by
Contractor under this Contract.
d. ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of
insurance form 25 (2001/08) is used, the phrases in the cancellation provision
“endeavor to” and “but failure to mail such notice shall impose no obligation or liability
of any kind upon the company, its agents or representatives” shall be deleted.
Certificate forms other than ACORD form shall have similar restrictive language deleted.
B. Required Insurance Coverage.
1. Commercial General Liability. Contractor shall maintain “occurrence” form Commercial
General Liability insurance with an unimpaired limit of not less than $1,000,000 for each
occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a
$2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises,
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operations, independent contractors, products-completed operations, personal injury and
advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG
00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause.
To the fullest extent allowed by law, for claims arising out of the performance of this
Contract, the Town, its agents, representatives, officers, officials and employees shall be
cited as an Additional Insured under ISO, Commercial General Liability Additional Insured
Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured
(Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of “your work” for that insured by or
for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such
Excess insurance shall be “follow form” equal or broader in coverage scope than underlying
insurance.
2. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a
limit of $1,000,000 each occurrence on Contractor’s owned, hired and non-owned vehicles
assigned to or used in the performance of the Contractor’s Work or Services under this
Contract. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form
CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising
out of the performance of this Contract, the Town, its agents, representatives, officers,
directors, officials and employees shall be cited as an Additional Insured under ISO Business
Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess
insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall
be “follow form” equal or broader in coverage scope than underlying insurance.
3. Professional Liability. If this Contract is the subject of any professional Services or Work, or if
the Contractor engages in any professional Services or Work in any way related to
performing the Work under this Contract, the Contractor shall maintain Professional Liability
insurance covering negligent errors and omissions arising out of the Services performed by
the Contractor, or anyone employed by the Contractor, or anyone for whose negligent acts,
mistakes, errors and omissions the Contractor is legally liable, with an unimpaired liability
insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate.
4. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation
insurance to cover obligations imposed by federalFederal and stateState statutes having
jurisdiction over Contractor’s employees engaged in the performance of Work or Services
under this Contract and shall also maintain Employers Liability Insurance of not less than
$500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease
policy limit.
5. Builder's Risk Insurance. Unless expressly waived by the Town Manager in a written
addendum or amendment to this Contract, the Contractor shall be responsible for
purchasing and maintaining insurance to protect the Project from perils of physical loss. The
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insurance shall provide for the full cost of replacement for the entire Project at the time of
any loss. The insurance shall include as named insureds the Town, the Contractor, the
Contractor’s Subcontractors and sub-subcontractors and shall insure against loss from the
perils of fire and all-risk coverage for physical loss or damage due to theft, vandalism,
collapse, malicious mischief, transit, flood, earthquake, testing, resulting loss arising from
defective design, negligent workmanship or defective material. The Contractor shall
increase the coverage limits as necessary to reflect changes in the estimated replacement
cost.
C. Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or
be materially changed without 30 Days’ prior written notice to the Town.
4.12. Performance Bond
The Contractor shall be required to furnish non-revocable security binding the Contractor to provide
faithful performance of this Contract in the amount of one hundred percent (100%) of the total Contract
Price payable to the Town. Performance security shall be in the form of a performance bond, certified
check, cashier’s check or irrevocable letter of credit. This security must be in the possession of the
Engineer within seven Days after execution of this Agreement by the Town. If the Contractor fails to
execute and deliver the security instrument as required, the Contractor may be found in default and the
Contract terminated by the Town. In case of default the Town reserves all rights. All performance bonds
shall be executed in the form attached hereto as Exhibit I, duly executed by the Contractor as Principal
and having as Surety thereon a Surety company approved by the Town and holding a Certificate of
Authority to transact surety business in the State of Arizona by the Arizona Department of Insurance.
Individual sureties are unacceptable. All Insurers and Sureties shall have, at the time of submission of
the performance bond, an A.M. Best’s Key Rating Guide of “A-” or better as currently listed in the most
recent Best Key Guide, published by the A.M. Best Company.
4.13. Payment Bond
The Contractor shall be required to furnish non-revocable security for the protection of all persons
supplying labor and material to the Contractor or any Subcontractor for the performance of any Work
related to this Contract. Payment security shall be in the amount of one hundred percent (100%) of the
total Contract Price and be payable to the Town. Payment security shall be in the form of a payment
bond, certified check, cashier’s check or irrevocable letter of credit. This security must be in the
possession of the Engineer within seven Days after execution of this Agreement by the Town. If the
Contractor fails to execute and deliver the security instrument as required, the Contractor may be found
in default and the Contract terminated by the Town. In case of default the Town reserves all rights. All
payment bonds shall be executed in the form attached hereto as Exhibit J, duly executed by the
Contractor as Principal and having as Surety thereon a Surety company approved by the Town and
holding a Certificate of Authority to transact surety business in the State of Arizona by the Arizona
Department of Insurance. Individual sureties are unacceptable. All Insurers and Sureties shall have, at
the time of submission of the payment bond, an A.M. Best’s Key Rating Guide of “A-” or better as
currently listed in the most recent Best Key Guide, published by the A.M. Best Company.
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4.14. Changes in the Work
The Town may, without invalidating this Contract, order changes in the Work consisting of additions,
deletions or other revisions to the Contract and the Contract Price and the Contract Time shall be
adjusted as provided below. The Contract Price and/or the Contract Time may only be changed by the
Town’s written approval authorizing said change, and said changes shall be performed under the
applicable conditions of the Contract. The Contract Price shall be adjusted as a result of a change in the
Work as follows:
A. Additions. When the Town increases the scope of the Work, Contractor will perform the
increased work pursuant to Contractor’s unit prices set forth on the Price Sheet.
B. Deletions. When the Town decreases the Work resulting in a decrease in Contractor’s quantity
of the Work, the Town shall be allowed a decrease in the Contract Price amounting to the
quantity of the deleted Work multiplied by the Contractor’s unit prices.
C. Estimating. Whenever the Town is considering a change to the Work, Contractor shall promptly,
and in any event within five business days, estimate the price of the contemplated additional or
deleted Work in good faith and as accurately as is then-feasible. The estimate shall show
quantities of labor, material and equipment and shall be pursuant to the rates set forth in the
Contractor’s Bid.
4.15. Substantial Completion
When the Contractor considers that the Work is Substantially Complete, the Engineer shall prepare and
submit to the Contractor a comprehensive list of Punch List items, which the Contractor 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. The Town shall determine when the Project and the
Contractor’s Work is substantially complete. “Substantial Completion” means construction has been
completed in accordance with the Contract Documents to the extent that the Town can use or occupy
the entire Project, or the designated portion of the Project, for the use intended without any
outstanding, concurrent construction at the site, except as may be required to complete or correct
Punch List items. A prerequisite for Substantial Completion, over and above the extent of construction
completion required, is receipt by the Town of acceptable documentation that Contractor has
successfully tested and demonstrated all systems for their intended use. The date of Substantial
Completion shall be confirmed by a Certificate of Substantial Completion signed by the Town and
Contractor. The Certificate of Substantial Completion signed by the Town and Contractor shall state the
respective responsibilities of the Town and the Contractor for security, maintenance, utilities, damage to
the Work and insurance. The Certificate of Substantial Completion shall also include the Punch List as
created by the Contractor and modified by the Town and establish the time for completion and
correction of all Punch List items. If the Town and the Contractor cannot agree as to the appropriate
date of Substantial Completion, such issue shall be submitted for dispute resolution in accordance with
the procedures set forth in Article III, Part B below. Notwithstanding such disagreement, the Contractor
shall diligently proceed with completion of the Punch List items.
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4.16. Final Completion
The Town shall determine when the Project and the Contractor’s Work is finally completed. “Final
Completion” means completion of the Project by the Contractor in accordance with the Contract
Documents, certified to the Town by the Contractor. Final Completion shall be achieved only upon the
Town’s written acceptance of (A) the construction, (B) all testing, (C) demonstration by Contractor that
the Work functions as required by the Contract Documents and meets all Contract requirements, (D)
resolution of all outstanding system deficiencies and Punch List items, if any, (E) delivery of all as-built
documentation, drawings, completed record documents (with revisions made after Substantial
Completion), annotated submittals and design document deliverables, (F) submittal, acceptance, and
delivery of the one hundred percent (100%) complete O&M manuals, (G) delivery of warranties,
inspection certificates, bonds and all other required documents, (H) all pre-requisites for final payment
and (I) submittal of Contractor’s request for final payment and acceptance enclosing all required
documentation. Upon Final Completion the Engineer shall issue a Certificate of Final Completion to the
Contractor on behalf of the Town. Following receipt of payment from the Town, the Contractor shall
make all payments due to the Subcontractors.
4.17. Payments to Contractor
Compensation for all Work necessary for the completion of the Project shall be included by the Bidder in
the price bid for the items shown in the Bid. Only those items listed in the Bid are pay items. Payment
shall be conditioned upon Contractor’s compliance with the payment terms and conditions set forth
below. Contractor expressly acknowledges and agrees that (A) the Contract Price is an estimated
amount based upon an engineer’s estimate of the quantities of the Materials deemed necessary to
perform the Work and (B) the amount of any payment to be made pursuant to this Contract shall be
determined by the field-measured quantities of Materials actually installed by Contractor. Material or
equipment delivered to the Project by or on behalf of Contractor shall not constitute material or
equipment furnished in the performance of the Work until same has been incorporated into the
improvements constituting the Project. Payment shall not constitute acceptance by the Town or
evidence thereof of any Work performed.
A. Progress Payments.
1. On or before the 15th day of each month after construction has commenced, the Contractor
shall submit to the Town an application for payment consisting of the cost of the Work
performed up to the end of the prior month, including the cost of material stored on the site
or at other locations approved by the Town. The application shall be deemed approved and
certified for payment seven Days after it is submitted unless before that time the Town
prepares and issues a specific written finding setting forth those items in detail that are not
approved for payment under the Contract. Prior to submission of the next application for
payment, the Contractor shall make available at the request of the Town a statement
accounting for the disbursement of funds received under the previous application for
purposes of audit. The extent of such statement shall be as agreed upon between the Town
and Contractor.
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2. Within 14 Days after approval of each monthly application for payment, the Town shall pay
directly to the Contractor the appropriate amount for which application for payment is
made, less amounts (a) previously paid by the Town, (b) sufficient to pay expenses the Town
reasonably expects to incur in correcting deficiencies which are set forth in writing and
provided to the Contractor and (c) any retainage as set forth in this subsection below.
3. The Town’s progress payment, occupancy or use of the Project, whether in whole or in part,
shall not be deemed as acceptance of any Work not conforming to the requirements of this
Contract.
4. Upon Substantial Completion of the Work, the Town shall pay the Contractor the unpaid
balance of the cost of the Work, less a sum equal to the Contractor’s estimated cost of
completing any unfinished items as agreed to between the Town and the Contractor as to
extent and time for Final Completion. The Town thereafter shall pay the Contractor monthly
the amount retained for unfinished items as each item is completed.
B. Retainage. With respect to the Work, the Town shall retain ten percent (10%) of the amount of
each estimate until Final Completion and acceptance of all Material, equipment and Work
covered by this Contract.
1. Any securities submitted by Contractor in lieu of retainage as may be allowed by law, shall
be deposited in an escrow account by the Town. The Town shall be listed as payee or
multiple payees with Contractor on all such securities.
2. When the Work is fifty percent (50%) completed, one-half of the amount retained including
any securities substituted pursuant to subsection "Retainage"(1) shall be paid to the
Contractor upon the Contractor’s request, provided the Contractor is making satisfactory
progress on the Work and there is no specific cause or claim requiring a greater amount to
be retained. After the construction Work is fifty percent (50%) completed, no more than five
percent (5%) of the amount of any subsequent progress payments made under this Contract
may be retained, provided the Contractor is making satisfactory progress on the Project. If,
at any time, the Town determines satisfactory progress is not being made, ten percent
(10%) retention shall be reinstated for all progress payments made under this Contract after
the determination.
C. Payment for On-site and Off-site Stored Materials. Payment shall be made on account of
Materials and equipment delivered and suitably stored at the site for subsequent incorporation
in the Work. Payment may similarly be made for Materials and equipment suitably stored off
the site, conditioned upon the Contractor furnishing evidence to the Town that (1) title to the
Materials and equipment will pass to the Town upon payment therefore, (2) the Materials and
equipment are adequately safeguarded and insured, including during transit from the off-site
location to the Project site and (3) such other matters as the Town may reasonably request in
order to protect its interests. With the prior, written approval of the Town, Contractor may
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advance order the bulk delivery of Materials to be incorporated into the Work over the course
of this Contract. Upon delivery and receipt of supplier invoice, the Town shall pay for the bulk
delivery, either directly to the Contractor or to the vendor or by joint check to Contractor and
vendor, and shall receive a full release for the amount paid from vendor and Contractor.
Contractor agrees to assume full responsibility for the safekeeping of all such Materials and shall
guarantee to the Town that such Materials shall remain safe from theft or damage from any and
all causes (unless caused by the sole negligence of the Town). Contractor shall immediately
replace, repair or restore said Materials to their original condition so as to not cause any delay in
the Work, and Contractor shall indemnify and hold harmless the Town for, from and against any
and all loss, cost, liability or expense resulting from any loss or damage to any of the Materials
described herein from any cause unless due to the Town’s sole negligence. Should the Town
have reason to believe Contractor is not properly safeguarding any of the Materials, the Town
shall have the right, but not the affirmative duty, to immediately take such steps as it deems
necessary to do so, including removing Contractor from the job, replacing any Materials or
expending any sums to properly carry out Contractor’s responsibility hereunder, and any
amounts so expended shall be billed back to Contractor or deducted from any sums then or
thereafter due to Contractor. Contractor shall fully insure all Materials stored on site as required
by the Town, and if such insurance is not obtained due to a lack of insurable interest, the Town
shall have the right to obtain such insurance and charge the amount thereof back to Contractor
or deduct said amount from any funds then or thereafter due to Contractor.
D. Title to Construction Work. The Contractor warrants that title to all Work covered by an
application for payment shall pass to the Town no later than the time of payment. The
Contractor further warrants that upon submittal of an application for payment, all Work for
which applications for payment have been previously issued and payments received from the
Town shall be free and clear of liens, claims, security interests or encumbrances in favor of the
Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by
reason of having provided labor, Materials and equipment relating to the Work.
E. Final Payment.
1. Final payment, consisting of the unpaid balance of the cost of the Work shall be due and
payable at Final Completion and acceptance by the Town. Before issuance of final payment,
the Town may request satisfactory evidence that all payrolls, Materials bills and other
indebtedness connected with the Work have been paid or otherwise satisfied.
2. Simultaneously with Contractor’s request for final payment, Contractor shall submit the
following items to the Town Representative:
a. Red-line construction record drawings.
b. Warranties.
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c. Two sets of documentation completely covering the operation and maintenance of the
mechanical and electrical installation and all other equipment. The documentation shall
include charts, diagrams, performance curves, catalog information, lubrication manuals,
and details pertaining to the functioning of various items of equipment. The
documentation shall be divided logically into “systems” on the basis of operation,
without respect to trades, subcontractors or arbitrary specifications sections. The
relationship of the “systems” shall be clearly and concisely detailed.
d. Affidavit Regarding Settlement of Claims.
e. Other items reasonably required by the Town Representative.
3. In making final payment the Town waives all claims except for:
a. Outstanding liens.
b. Improper workmanship or defective Materials.
c. Work not in conformance with this Contract or Work not completed.
d. Terms of any special warranties required by this Contract.
e. Delivery to Town of all warranties, operation and maintenance manuals, “AS-BUILT”
record drawings and other documents as required by this Contract.
f. Right to audit Contractor records for a period of three years.
g. Claims previously made in writing and which remain unsettled.
4. Acceptance of final payment by the Contractor shall constitute a waiver of affirmative claims
by the Contractor, except those previously made in writing and identified as unsettled at the
time of final payment.
F. Warranty. Contractor or its assignee shall give to the Town a one-year warranty against
deficiencies in material and workmanship for all Work on the Project or other such warranty as
required by the Town Engineer, which warranty shall begin on the date that the Town accepts
the Work as provided in this Section. Any material deficiencies in material or workmanship
identified by Town staff during the one-year warranty period shall be brought to the attention of
the Contractor or its assignee that provided the warranty, which shall promptly remedy or cause
to be remedied such deficiencies to the reasonable satisfaction of the Town Engineer.
Continuing material deficiencies in a particular portion of the Work shall be sufficient grounds
for the Town to require (1) an extension of the warranty for an additional one-year period and
(2) the proper repair of or the removal and reinstallation of, that portion of the Work that is
subject to such continuing deficiencies. Regardless of whether the applicable warranty period
has expired, the Contractor agrees to repair any damage to the Work caused by Contractor’s
construction activities on the Property. Nothing contained herein shall prevent the Town or
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Contractor from seeking recourse against any other third party for damage to the Work caused
by such third party.
4.18. Offset
A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from
any money due to the Contractor any amounts Contractor owes to the Town for damages
resulting from breach or deficiencies in performance or breach of any obligation under this
Contract.
B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the
Contractor any amounts Contractor owes to the Town for delinquent fees, transaction privilege
taxes and property taxes, including any interest or penalties.
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5. PERFORMANCE OF THE WORK
5.1. Project Video Footage
The Contractor shall produce and provide project video footage to the Engineer as required by MAG
Supplement Section 105.5.3. All costs associated with the Project videotape produced in accordance
with this Section shall be deemed incidental.
5.2. Soil and Subsurface Conditions
In addition to conformance to MAG Specifications, Section 102.4 (Examination of Plans, Special
Provisions and Site Work), the Contractor shall make its own determinations as to the soil and
subsurface conditions, including rock, caliche and ground water and shall complete the Work in
whatever material and under whatever conditions may be encountered or created, without extra cost to
the Town pursuant to the provisions of the MAG Supplement Section 102.4.1.
5.3. Work Scheduling
Time is of the essence for this Contract. Contractor shall provide the Engineer with any requested
scheduling information and a proposed schedule for performance of the Work within the Contract Time
in a form acceptable to the Engineer and approved by the Engineer, in his sole and absolute discretion,
providing for commencement and completion of the Work (the “Schedule”). The Schedule shall include
the date for Substantial Completion of the Work. The Engineer may revise the Schedule during the
course of the Work. Contractor, to induce the Town to enter into this Contract, has and does hereby
agree to fully perform and complete the Work for the Contract Price within the Schedule.
5.4. Contractors Representative
The Contractor or his authorized representative shall be present at the Work site at all times during
working hours. Instructions and information provided by the Engineer to the Contractor’s representative
shall be considered as having been given to the Contractor, per MAG Supplement Section 105.5.2.
5.5. Prosecutions of the Work
The Contractor shall prosecute the Work so that the portion of the Work completed at any point in time
shall be not less than as required by the Schedule. If the delay is an Inexcusable Delay, as defined below,
the Contractor shall prepare a recovery schedule for the Engineer’s review and approval, showing how
the Contractor will compensate for the delays and achieve Substantial Completion by the date(s) shown
on the Schedule. If the Contractor is unable to demonstrate how it will overcome Inexcusable Delays,
the Engineer may order the Contractor to employ such extraordinary measures as are necessary to bring
the Work into conformity with the Substantial Completion date(s) set forth therein, the costs of which
shall be included as part of the Cost of the Work. If the delay is an Excusable Delay, as defined below,
the Engineer shall either (A) authorize an equitable extension in the Schedule to account for such delay,
and equitably adjust the contract sum on account of such delay or (B) request that the Contractor
prepare a recovery schedule showing how (if possible) the Contractor can achieve Substantial
Completion by the applicable date shown on the Schedule, and equitably adjust the Contract Price in
accordance with the provisions of this Contract on account of any extraordinary activities required of
the Contractor on account of such recovery schedule.
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5.6. Extensions of Time
A. Allowable Extensions. An extension in the scheduled date of Substantial Completion will only be
granted in the event of Excusable Delays affecting the Schedule for the Work. The Contractor
shall be entitled to general condition costs and extra costs related to the Excusable Delay for idle
labor, equipment inefficiency and lost productivity of the performance of the Work. The
Contractor must submit evidence reasonably satisfactory to the Town substantiating such costs.
Such adjustment to the Price and Substantial Completion date shall be issued in a Change Order
or Contract amendment, as applicable.
B. Excusable Delay. To the extent any of the following events results in an actual delay in the Work,
such shall constitute an “Excusable Delay” (to the extent not set forth below, a delay will be
considered an “Inexcusable Delay”):
1. Delays resulting from Force Majeure.
2. Differing, unusual or concealed site conditions that could not reasonably have been
anticipated by the Contractor in preparing the Schedule, including, without limitation,
archaeological finds and unusual soil conditions (including rock or other geological
conditions), underground foundations, abandoned utility lines and water conditions.
3. Delays resulting from the existence or discovery of Hazardous Materials on the Site not
brought to the Site by the Contractor.
4. Delays resulting from changes in Applicable Laws occurring after the date of execution of
this Contract.
5. Delays occurring due to the acts or omissions of the Town and those within the control of
the Town.
6. Delays occurring due to the acts or omissions of a utility, so long as Contractor has
coordinated with the utility causing the delay and the delay occurs despite reasonable steps
taken by Contractor to avoid the delay.
7. Delays resulting from weather conditions that make it unreasonable to perform the Work in
accordance with the Schedule; provided, however, that Contractor’s Schedule shall be
deemed to include 14 Days for weather delays (the “Expected Delay Days”), regardless of
whether such weather delays are specifically set forth in the Schedule. Contractor shall
notify the Town within 24 hours in writing of a weather related delay. If Contractor fails to
give the required 24-hour notice, no such weather delay will be subtracted from the
Expected Delay Days. Weather delays shall not be deemed “Excusable” unless all of the
Expected Delay Days have been exhausted.
8. Delays resulting from Additional Work (defined below) that cannot be performed
concurrently with the Work on the Schedule.
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C. Required Notice. In order to obtain an extension of time due to an Excusable Delay, the
Contractor shall comply with the following requirements. The Contractor shall notify the
Engineer in writing of the Excusable Delay as soon as practicable, but in no event more than
seven Days after the Contractor becomes aware of the occurrence of the Excusable Delay. Such
notice shall describe the Excusable Delay and shall state the approximate number of Days the
Contractor expects to be delayed. After the cessation of the Excusable Delay, the Contractor
shall notify the Engineer of the number of Days the Contractor believes that its activities were in
fact delayed by the Excusable Delay. In the event that the delay arises as a result of a Change
Order request by the Town, the request for an extension of time contained in the resulting
Change Order proposal shall be deemed sufficient for purposes of this subsection.
D. Determination. Within 10 Days after cessation of an event giving rise to either an Excusable
Delay or Inexcusable Delay, the parties will use good faith efforts to agree on the extent to
which the Work has been delayed and whether the delay is an Excusable Delay or an
Inexcusable Delay. In the absence of agreement between the parties as to the then-current
status of Excusable Delays and Inexcusable Delays, the Engineer will provide the Contractor with
written notice of Engineer’s determination of the respective number of Days of Excusable Delay
and/or Inexcusable Delay. The Engineer’s determination may be issued at such time as the
Engineer deems reasonable, but not later than 10 Days after receipt by the Engineer of the
Contractor’s written request for such determination. The Contractor shall not, however, deem
an issuance by the Engineer of such a determination to be a concurrence of the matters set
forth in the Contractor’s request. The Contractor may invoke the dispute resolution procedures
set forth in Part D below with respect to such determination.
E. Concurrent Delay. To the extent the Contractor is entitled to an extension of time due to an
Excusable Delay, but the performance of the Work would have been suspended, delayed or
interrupted by the fault or neglect of the Contractor or by an Inexcusable Delay, the Contractor
shall not be entitled to any additional costs for the period of such concurrency.
5.7. Liquidated Damages
It is expressly understood that should Contractor fail to complete the Work covered hereby within the
Contract Time, the Contractor agrees to pay and shall pay to the Town upon request therefore for each
Day of delay beyond the original or revised scheduled time of completion of Contractor’s Work as
liquidated damages, and not as a penalty, in the amount per Day as set forth in MAG Specifications for
each Day of delay.
A. Prior to Termination. If the Contract is not terminated, the Contractor shall continue
performance and be liable to the Town for the liquidated damages until the Work is complete.
B. After Termination. In the event the Town exercises its right of termination, the Contractor shall
be liable to the Town for any excess costs and, in addition, for liquidated damages until such
time as the Town may reasonably obtain delivery or performance of similar Services.
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5.8. Suspension by the Town for Convenience
A. Town Determination. The Town may order the Contractor in writing to suspend, delay or
interrupt all or any part of the Work without cause for such period of time as the Town may
determine to be appropriate for its convenience.
B. Contract Adjustments. Adjustments caused by suspension, delay or interruption shall be made
for increases in the applicable contract sum and/or the date(s) of Substantial Completion. No
adjustment shall be made if the Contractor is or otherwise would have been responsible for the
suspension, delay or interruption of the Work, or if another provision of this Contract is applied
to render an equitable adjustment.
5.9. Termination by the Town for Convenience
The Town may, upon 30 Days’ written notice to the Contractor, terminate this Contract, in whole or in
part, for the convenience, of the Town without prejudice to any right or remedy otherwise available to
the Town. Upon receipt of such notice, the Contractor shall immediately discontinue all Services
affected unless such notice directs otherwise. In the event of a termination for convenience of the
Town, the Contractor’s sole and exclusive right and remedy shall be payment for all Work performed
through the date of termination. The Contractor shall not be entitled to be paid any amount as profit for
unperformed Services or consideration for the Town’s termination by convenience.
5.10. Termination by the Town for Cause
A. Default; Cure. If the Contractor refuses or fails to supply sufficient properly skilled staff or
proper Materials, or disregards laws, ordinances, rules, regulations, or orders of any public
authority jurisdiction, or otherwise substantially violates or materially breaches any term or
provision of this Contract, and such nonperformance or violation continues without cure for 15
Days after the Contractor receives written notice of such nonperformance or violation from the
Town, then the Town may, without prejudice to any right or remedy otherwise available to the
Town, terminate this Contract.
B. Substitute Performance. Upon termination of this Contract by the Town, the Town shall be
entitled to furnish or have furnished the Services to be performed hereunder by the Contractor
by whatever method the Town may deem expedient. Also, in such case, the Contractor shall not
be entitled to receive any further payment until completion of the Work, and the total
compensation to the Contractor under this Contract shall be the amount that is equitable under
the circumstances. If the Town and the Contractor are unable to agree on the amount to be paid
under the foregoing sentence, the Town shall fix an amount, if any, that it deems appropriate in
consideration of all of the circumstances surrounding such termination, and shall make payment
accordingly. The Contractor may dispute the Town’s assessment of the termination amount
pursuant to the dispute resolution process set forth in in Part D of this Contract.
C. Contractor Insolvency. Upon the appointment of a receiver for the Contractor, or if the
Contractor makes a general assignment for the benefit of creditors, the Town may terminate
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this Contract, without prejudice to any right or remedy otherwise available to the Town, upon
giving three business days’ written notice to the Contractor. If an order for relief is entered
under the bankruptcy code with respect to the Contractor, the Town may terminate this
Contract by giving three business days’ written notice to the Contractor unless the Contractor or
the trustee completes all of the following:
1. Promptly cures all breaches within such three-day period.
2. Provides adequate assurances of future performance.
3. Compensates the Town for actual pecuniary loss resulting from such breaches.
4. Assumes the obligations of the Contractor within the established time limits.
5.11. Contract 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 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.
5.12. Additional Work, Materials and/or Overtime
Contractor expressly agrees that if overtime or additional workers or materials are necessary to meet
the Schedule, that such overtime will be performed or additional workers or materials will be procured
by the Contractor, and the additional expense thereof shall be borne by Contractor unless the delay
requiring overtime was directly caused by the Town, in which event Contractor shall be entitled to
compensation for such overtime Work. If the Town requests Contractor to perform additional Work in
connection with the Project (“Additional Work”), Contractor shall charge the Town a negotiated fixed
amount for the Additional Work. In the event a fixed amount cannot be negotiated, Contractor shall
invoice the Town on a time and materials basis for the Additional Work at the unit prices set forth in the
price sheet.
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5.13. No Damage for Delay or Additional Work by the Town
Contractor shall adjust its operations to conform to any progress schedule changes and hereby waives
and releases the Town from any liability for damages or expenses that may be caused to or sustained by
Contractor by reason of such changes or by reason of delays in the Work, whether caused in whole or in
part by conduct on the part of the Town, including without limitation, any breach of this Contract or
delays by other contractors or Subcontractors. Contractor’s exclusive remedy in event of delay or
Additional Work by the Town shall be an extension of time hereunder to complete the Work.
5.14. Risk of Loss
Contractor shall assume the risk of loss occasioned by fire, theft or other damage to Materials,
machinery, apparatus, tools and equipment relating to the Work prior to actual installation in final place
on the Project and acceptance by the Town. Contractor shall be responsible for damage to the
Materials, machinery, apparatus, tools, equipment and property of the Town and other contractors
resulting from the acts or omissions of its Subcontractors, employees, agents, representatives
Subcontractors, and for payment of the full costs of repair or replacement of any said damage.
5.15. Protection of Finished or Partially Finished Work
The Contractor shall properly guard and protect all finished or partially finished Work and shall be
responsible for the same until the entire Contract is completed and accepted by the Engineer. The
Contractor shall turn over the entire Work in full accordance with this Contract before final settlement
shall be made.
5.16. Character and Status of Workers
Only skilled foremen and workers shall be employed on portions of the Work requiring special
qualifications. When required by the Engineer, the Contractor shall discharge any person who is, in the
opinion of the Engineer, disorderly, dangerous, insubordinate, incompetent or otherwise objectionable.
The Contractor shall indemnify and hold harmless the Town from and against damages or claims for
compensation that may occur in the enforcement of this Section. The Contractor shall be responsible for
ensuring the legal working status of its employees and its Subcontractor’s employees. The Contractor
agrees that once assigned to Work under this Contract, key personnel shall not be removed or replaced
without written notice to the Town. If key personnel are not available for Work under this Contract for a
continuous period exceeding 30 Days, or are expected to devote substantially less effort to the Work
than initially anticipated, the Contractor shall immediately notify the Town and shall, subject to the
concurrence of the Town, replace such personnel with personnel of substantially equal ability and
qualifications.
5.17. Work Methods
The methods, equipment and appliances used on the Work shall be such as will produce a satisfactory
quality of Work, and shall be adequate to complete the Contract within the Contract Time. Except as is
otherwise specified in this Contract, the Contractor’s procedure and methods of construction may, in
general, be of its own choosing, provided such methods (A) follow best general practice and (B) are
calculated to secure results which will satisfy the requirements of this Contract. The Work covered by
this Contract shall be carefully laid out in advance and performed in a manner to minimize interference
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with normal operation and utilization of the Town’s right-of-way. The Contractor shall exercise caution
during the course of this Work to avoid damage to all known existing or possible unknown existing
underground utilities. It shall conduct its operations in such a manner as to avoid injury to its personnel
and to avoid damage to all utilities. Any damage done will be repaired without delay and at the expense
of the Contractor.
5.18. Safety Fencing Requirement for Trenches and Excavations
The Contractor shall provide safety construction fencing around all open trenches and excavations
during all non-working hours. In addition, the Contractor shall provide safety fencing around the Project
site during working hours in order to ensure public safety. The Contractor shall provide for the safety
and welfare of the general public by adequately fencing all excavations and trenches that are permitted
by the Engineer to remain open when construction is not in progress. Fencing shall be securely anchored
to approved steel posts located not less than six feet on center, having a minimum height of six feet, and
shall consist of wire mesh fabric of sufficient weight and rigidity to adequately span a maximum
supporting post separation of six feet. The fencing, when installed about the periphery of excavations
and trenches, shall form an effective barrier against intrusion by the general public into areas of
construction. The Contractor, at all times when construction is not in progress, shall be responsible for
maintaining the fencing in good repair, and upon notification by the Engineer, shall take immediate
action to rectify any deficiency. Prior to the start of any excavation or trenching required for the
execution of the proposed Work, the Contractor shall submit to the Engineer for approval, detailed
plans showing types of materials and methods of fabrication for the protective fencing. There will be no
separate measurement or payment for furnishing, installing, or maintaining protective fencing. The cost
shall be considered incidental to the cost of any other structures for which trenching is necessary.
5.19. Plans and Shop Drawings, Samples and Substitution of Materials
Bid Process and Award onform to MAG Specifications, Section 105.2 (Plans and Drawings) as modified
by the MAG Supplement. Contractor shall furnish, within three business days following request
therefore by the Town, detailed drawings of the Work, samples of Materials and other submittals
required for the performance or coordination of the Work. Substitutions shall be equal or superior to
Materials specified in the Contract Documents, shall be clearly identified on submittals as “proposed
substitutions” and shall be approved by the Town in accordance with Bid Process and Award section
"Inquiries; Interpretation of Plans, Specifications and Drawings" above. Contractor shall be fully
responsible for the adequacy, completeness and promptness of all such submittals. Materials shall not
be furnished to the jobsite unless same is in strict compliance with the Specifications or otherwise
approved in writing by the Town. Approval by the Town shall not relieve Contractor of full responsibility
for compliance with scope, intent and performance in accordance with this Contract.
5.20. Utilities
A. Cooperation. The Contractor shall comply with the requirements of MAG Specifications 105.6,
as modified by the MAG Supplement.
B. Utilities Shown on the Plans.
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1. Regardless of what utilities are shown on the plans, it shall be Contractor's responsibility to
verify these locations and any additional lines which may exist through consulting with the
Town, utility companies and "Blue Stake."
2. Existing utilities are indicated on Project plans in accordance with the best information
available. Contractor shall notify all owners of utilities when its Work is in progress and shall
make such arrangements as are necessary to make any emergency repair to any utility, in a
manner satisfactory to the Town of a damaged utility line, including individual or house
service utility lines.
3. No extra compensation will be made for the repair of any individual or house service utility
or utility lines damaged by Contractor's labor forces or equipment, nor for any damage
incurred through neglect or failure to provide protective barriers, lights and other devices or
means required to protect such existing utilities.
4. Contractor shall expose all sanitary and storm sewers, water, gas, electric, telephone utility
lines, and other underground structures that might interfere with the Work, in order to
permit survey location prior to construction.
5. Contractor shall assume full responsibility for damages to any underground facility/utility
properly shown on the Plans or properly located by the Utility owner, as a result of failing to
obtain information as to its location, failing to excavate in a careful and prudent manner (as
defined in MAG Specifications), or failing to take measures for protection of the
facilities/utilities. The Contractor is liable to the owner of the underground facility/utility for
the total cost of the repair.
C. Utilities Not Shown on the Plans.
1. If utility lines are encountered that are not shown on the plans, and not located, or
incorrectly located by the utility owner, other than individual or house service utility lines,
and these lines are damaged or work is required to clear same, then MAG Specifications,
Section 109.8 and Ariz. Rev. Stat. § 40-360.21 et seq. shall apply.
2. The work necessary for the raising, lowering, or relocating of any such utility shall be at the
utility owner’s expense. The necessary Work may be done by the utility owner or by
Contractor, or as a collaborative effort, at the option of the utility owner. All Work shall be
in accordance with the standards of the Town and the utility owner.
3. In most cases, individual or house service utility lines are not shown on the Plans. It shall be
Contractor’s responsibility to locate and protect these individual or house services. If, due to
Contractor’s operations, any of these lines are damaged, it shall repair or replace these lines
in a manner satisfactory to the owner of the utility at no extra cost to the Town. In addition,
the cost of location, protection, and working around these individual or house service utility
lines shall be included in Contractor’s bid for the Work under this Contract.
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5.21. Sampling and Testing
Sampling and testing shall conform to the requirements of the MAG Specifications, Section 106, as
modified by the MAG Supplement. The Contractor shall obtain an independent laboratory or testing
company and pay all costs of testing required by the Contract Documents, including testing required by
MAG, the Specifications, the Town and other jurisdictional bodies. A copy of all test results shall be
furnished to the Engineer in a summary report submitted at the subsequent construction progress
meeting (time and date to be set upon Contract award) for tests performed. At Substantial Completion,
the Contractor shall submit a final test report containing all test results which certifies the Work
complies with the Specifications. This report shall be sealed by a professional engineer registered in the
State of Arizona who was responsible for overseeing the testing and sampling.
5.22. Cooperation between Contractors
The Contractor shall comply with the requirements of MAG Specifications, Section 105.7, as modified by
the MAG Supplement.
5.23. Outdoor Construction Time Restrictions
Unless otherwise permitted by the Engineer, construction will be restricted as listed:
May 15 - September 15 5:30 a.m. to 6:30 p.m.
September 16 - May 14 6:00 a.m. to 6:30 p.m.
Construction Work shall not begin Work prior to 7:00 a.m. and shall stop by 5:00 p.m. on Saturdays.
There shall be no Construction Work on Sundays and all Town, State and Federal holidays.
5.24. Construction Survey
Construction survey and as-built record drawings shall conform to the requirements of the MAG
Specifications, Section 105.8 (Construction Stakes, Lines and Grades), as modified by the MAG
Supplement. Contractor shall provide and pay for all building layout staking, including elevations and all
other Project staking. Replacement of construction stakes that have been knocked out due to
Contractor's Work or lack of Work, weather conditions, traffic, vandalism or utility contractors will be
done at Contractor's expense.
5.25. 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 Engineer. Survey monuments shall be constructed to the
requirements of MAG Specifications, Section 405. 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 expense to the Town. Contractor and its sureties shall be
liable for correct replacement of disturbed survey benchmarks except where the Town elects to replace
survey benchmarks using its own forces.
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5.26. Stockpile of Materials
A. Engineer Approval. The Contractor may, if approved by the Engineer, place or stockpile
Materials in the public right-of-way provided such Materials do not prevent access to adjacent
properties or prevent compliance with traffic regulations. An encroachment permit shall be
required. Any applicable cost shall be paid by the Contractor and shall be presumed to be part of
the Contractor’s bid.
B. No Traffic Interference. Traffic shall not be required to travel over stockpiled Materials and
proper dust control shall be maintained.
5.27. Excess Materials
When excavations are made, resultant loose earth shall be (A) utilized for filling by compacting in place
or (B) disposed of off-site. Excess or unsuitable material, broken asphaltic concrete and broken portland
cement concrete excavated from the right-of-way shall be removed from the Project Site and disposed
of by the Contractor. Waste material shall not be placed on private property without express permission
of the property owner. The Contractor shall, at all times, keep the premises free from accumulation of
waste materials or rubbish caused by its operations. At the completion of the Work, Contractor shall
remove all equipment, tools and surplus materials, and shall completely clean the premises, removing
and disposing of all debris and rubbish and cleaning all stains, spots, marks, dirt, smears or other
blemishes. When the Work premises are turned over to the Town, they shall be thoroughly clean and
ready for immediate use. Clean-up shall include removal of all excess pointing mortar materials within
pipes and removal of oversized rocks and boulders left after finish grading. The Contractor shall provide
for the legal disposal of all waste products and debris and shall make necessary arrangements for such
disposal.
5.28. Dust Control and Water
Contractor shall implement dust control measures in accordance with MAG Specifications, Section
104.1, and the MAG Supplement. Installation and removal of fire hydrant meters should be scheduled at
least three business days in advance through the Chaparral City Water Company. Watering shall
conform to the provisions of MAG Specifications, Section 225. A deposit and installation fee in amounts
set forth in the Chaparral City Water Company’s fee schedule is required for each meter. The cost of the
water is at the prevailing rate.
5.29. Storm Water
Contractor shall obtain all local, county, state and federal storm water permits.
5.30. Temporary Sanitary Facilities
The Contractor shall provide ample toilet facilities with proper enclosures for the use of workers
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 and shall be properly lit and
ventilated, and kept clean at all times. 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.
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5.31. Electric Power, Water and Telephone
Unless otherwise specified, the Contractor shall make its own arrangements for electric power, water
and telephone as needed. Subject to the convenience of the utility, it may be permitted to connect to
existing facilities where available, but Contractor shall meter and bear the cost of such power or water,
and installation and disconnect of such power, water and telephone services.
5.32. Energized Aerial Electrical Power Lines
Utility companies may maintain energized aerial electrical power lines in the immediate vicinity of this
Project. Contractor shall not presume any such lines to be insulated. Construction personnel working in
proximity to these lines may be exposed to an extreme hazard from electrical shock. Contractor shall
ensure that its employees and all other construction personnel working on this Project are warned of
the danger and instructed to take adequate protective measures, including maintaining a minimum ten
feet of clearance between the lines and all construction equipment and personnel. (see: OSHA Std.
1926.550 (a) 15, as amended). As an additional safety precaution, Contractor shall call the affected
utility companies to arrange, if possible, to have these lines de-energized or relocated when the Work
reaches their immediate vicinity. The cost of such temporary arrangements shall be borne by the
Contractor. Contractor shall account for the time necessary to cause such utility disconnection in the
preparation of its Bid. Electrical utility companies may maintain energized underground electrical power
lines in the immediate vicinity of this Project. These power lines represent an extreme hazard of
electrical shock to any construction personnel or equipment coming in contact with them. Arizona law
requires all parties planning excavations in public rights-of-way to contact all utility firms for locations of
their underground facilities. Contractor shall ensure that its employees and all other personnel working
near any underground power lines must be warned to take adequate protective measure. (see: OSHA
Std. 1926-651 (A), as amended).
5.33. Site Clean Up
Contractor shall at all times, but not less than daily unless otherwise agreed by Town Representative,
keep the premises on which the Work is being performed clean and free from accumulation of any
waste materials, trash, debris and excess dirt, and at all times shall remove Contractor’s implements,
machinery, tools, apparatus and equipment from the jobsite when not needed on the jobsite. Should
the Town Representative find it necessary in his/her opinion to employ help to clean up, remove or
store any of the foregoing due to failure of Contractor to do so, the expense thereof shall be charged to
Contractor. Verbal notice from the Town Representative on clean-up or removal is considered adequate
notice hereunder, and failure to conform with his/her request within 24 hours thereof will be construed
as a breach of this Contract by the Contractor and such charges will be made against Contractor’s
account as are necessary to accomplish the clean-up or removal. The cost of cleanup, removal or storage
by the Town, if not deducted by the Town from monies due Contractor, shall be paid by Contractor
within five business days of written demand by the Town.
5.34. Use of the Site
Contractor shall at all times comply fully with all laws, orders, citations, rules, regulations, standards and
statutes with respect to occupational health and safety, the handling and storage of hazardous
materials, accident prevention and safety equipment and practices, including any accident prevention
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and safety program of the Town; provided, however, that the Town shall not be required to impose any
safety requirements or administer any such programs and the review or requirement of any safety plan
by the Town shall not be deemed to release Contractor or in any way diminish its liability, by way of
indemnity or otherwise, as assumed by it under this Contract. Contractor shall conduct inspections
regularly to determine that safe working conditions and equipment exist and accepts sole responsibility
for providing a safe place to Work for its employees and employees of its Subcontractors, laborers,
suppliers of material and equipment and any other person visiting the Site, for adequacy of and required
use of all safety equipment and for compliance herewith. When so ordered, Contractor shall stop any
part of the Work that the Town deems unsafe until corrective measures satisfactory to the Town have
been taken. Should Contractor neglect to adopt such corrective measures, the Town may do so and
deduct the cost from payments due Contractor. Contractor shall timely submit copies of all accident or
injury reports to the Town.
5.35. Public Information and Notification
The Contractor shall submit a public information and notification plan for this Project (the “Notification
Plan”) to the Town Representative at the first pre-construction meeting held prior to start of
construction. The Notification Plan shall include, at a minimum, the items set forth in this section;
provided, however, that the Engineer may waive any portion of the requirements of this Section upon a
written determination that the Project scope does not warrant such notification. Contractor shall
provide Project information to affected residents and homeowners’ associations prior to and
throughout the Project’s duration. The Contractor shall use the Notification Plan to inform the local
citizens, businesses and Town officials, not less than five business days in advance, of (A) necessary
operations that create high noise levels, (B) street closures, (C) detour locations, (D) haul routes and
material delivery routes and (E) disruption of bus routes, mail routes and other delivery/pick-up routes.
5.36. Neighborhood Notification
A. Prior to the start of any Work on the Project, the Contractor shall distribute a preliminary “Dear
Neighbor” letter (8-1/2” x 11”), as submitted to and subject to the approval of the Engineer, to
all businesses, property owners and residents within 600 feet of any portion of this Project. This
“Dear Neighbor” letter shall include, at a minimum, the following information:
1. Contractor’s name, business telephone number and the 24-hour “Hot Line” telephone
number for this Project.
2. Name of Contractor’s Project Manager.
3. Name of Contractor’s Project Superintendent.
4. Brief description of the Project.
5. Construction schedule, including anticipated Work hours.
6. Anticipated lane restrictions, including the expected duration thereof.
7. Name of Town’s Project Manager.
8. Name of the Engineer.
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B. The Town Manager or authorized designee shall provide the Contractor with a distribution list
for this “Dear Neighbor” letter. Contractor shall (1) ensure that the letter is distributed to all
persons and businesses indicated on the list provided by the Town Manager or authorized
designee and (2) provide the Town Manager or authorized designee with a copy of the letter
sent and sufficient proof of mailing. Subsequent to delivery of the “Dear Neighbor” letter, the
Contractor shall distribute bi-monthly construction progress updates, including construction
schedule and any additional information the Engineer deems important as a result of
construction activities, to all persons and businesses included on the aforementioned
distribution list. At the request of the Town Manager or authorized designee, Contractor may be
required to distribute additional public notifications. At the end of construction a final “Dear
Neighbor” letter shall be distributed to the persons and businesses on the aforementioned
distribution list highlighting the Contractor’s and the Town’s appreciation for their patience
during construction of the Project.
C. 24-Hour Project Hotline. The Contractor shall be required to furnish a private 24-hour telephone
line to be used solely for receiving incoming calls from local citizens or businesses with questions
or complaints concerning Project construction operations or procedures (the “Hotline”). The
Contractor shall include this Hotline telephone number on all public information distributed
throughout the duration of the Project. Contractor shall ensure that Contractor personnel man
the Hotline during all hours that there is any Work being performed on this Project; the Hotline
shall be answered by a live answering service during all other hours. The Contractor shall
maintain a log of incoming calls, responses and action taken that shall be submitted to the
Engineer weekly and upon request.
D. Public Meetings. The Contractor shall attend such public meetings as deemed necessary by the
Town Manager or authorized designee.
E. Press Releases. The Contractor shall, at the request of the Engineer, prepare press releases
regarding the Project.
F. Payment for Public Notification. The Town will pay, based on time and materials invoices, an
amount not to exceed the amount designated in the Price Sheet and entitled COMMUNITY
RELATIONS, for Work performed in accordance with the Notification Plan. Work that is eligible
for reimbursement includes: the “Dear Neighbor” letters; bi-monthly progress reports; meetings
with impacted businesses, residents, schools, churches or other groups; scheduling newsletter
when necessary (at least monthly); temporary signs for local access; and maintaining the
Hotline. No payment will be made under this item for any Day during which there are
substantial deficiencies in compliance, as determined by the Engineer. The Contractor shall
submit a final report/evaluation of its Notification Plan process performed for this Project. The
report shall be submitted before the Contractor receives final payment.
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6. MISCELLANEOUS TERMS AND CONDITIONS
6.1. Applicable Law; Venue
This Contract shall be governed by the laws of the State of Arizona and suit pertaining to this Contract
may be brought only in courts in Maricopa County, Arizona.
6.2. Conflict of Interest
This Contract is subject to the provisions of Ariz. Rev. Stat. § 38-511. The Town may cancel this Contract
without penalty or further obligations by the Town or any of its departments or agencies if any person
significantly involved in initiating, negotiating, securing, drafting or creating this Contract on behalf of
the Town or any of its departments or agencies is, at any time while the Contract or any extension of the
Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to
any other party of the Contract with respect to the subject matter of the Contract.
6.3. Independent Contractor
It is clearly understood that each party will act in its individual capacity and not as an agent, employee,
partner, joint venturer, or associate of the other. An employee or agent of one party shall not be
deemed or construed to be the employee or agent of the other for any purpose whatsoever. The
Contractor acknowledges and agrees that the Services provided under this Agreement are being
provided as an independent contractor, not as an employee or agent of the Town. Contractor, its
employees and subcontractors are not entitled to workers’ compensation benefits from the Town. The
Town does not have the authority to supervise or control the actual work of Contractor, its employees
or subcontractors. The Contractor, and not the Town, shall determine the time of its performance of the
services provided under this Agreement so long as Contractor meets the requirements of its agreed
scope of work and the specifications, plans/construction drawings as set forth in Scope of Work above.
Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its
profession elsewhere. Town and Contractor do not intend to nor will they combine business operations
under this Agreement.
6.4. Contract Amendments
This Contract may be modified only by a written amendment signed by persons duly authorized to enter
into contracts on behalf of the Town and the Contractor; provided, however, that Change Orders may be
issued and approved administratively by the Town when such changes do not alter the Contract Price.
6.5. Provisions Required by Law
Each and every provision of law and any clause required by law to be in the Contract will be read and
enforced as though it were included herein and, if through mistake or otherwise any such provision is
not inserted, or is not correctly inserted, then upon the application of either party, the Contract will
promptly be physically amended to make such insertion or correction.
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6.6. Severability
The provisions of this Contract are severable to the extent that any provision or application held to be
invalid by a Court of competent jurisdiction shall not affect any other provision or application of the
Contract which may remain in effect without the invalid provision or application.
6.7. Entire Agreement; Interpretation; Parol Evidence
This Contract represents the entire agreement of the parties with respect to its subject matter, and all
previous agreements, whether oral or written, entered into prior to this Contract are hereby revoked
and superseded by this Contract. No representations, warranties, inducements or oral agreements have
been made by any of the parties except as expressly set forth herein, or in any other contemporaneous
written agreement executed for the purposes of carrying out the provisions of this Contract. This
Contract shall be construed and interpreted according to its plain meaning, and no presumption shall be
deemed to apply in favor of, or against the party drafting the Contract. The parties acknowledge and
agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of,
and entry into this Contract.
6.8. Assignment; Delegation
No right or interest in this Contract shall be assigned or delegated by Contractor without prior, written
permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by
Contractor in violation of this provision shall be a breach of this Contract by Contractor.
6.9. Subcontracts
No subcontract shall be entered into by the Contractor with any other party to furnish any of the
Materials, Services or construction specified herein without the prior, written approval of the Town. The
Contractor is responsible for performance under this Contract whether or not Subcontractors are used.
6.10. Rights and Remedies
No provision in this Contract shall be construed, expressly or by implication, as waiver by the Town of
any existing or future right and/or remedy available by law in the event of any claim of default or breach
of this Contract. The failure of the Town to insist upon the strict performance of any term or condition of
this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract, or by
law, or the Town’s acceptance of and payment for Materials or Services, shall not release the Contractor
from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a
waiver of any right of the Town to insist upon the strict performance of this Contract.
6.11. Attorneys’ Fees
In the event either party brings any action for any relief, declaratory or otherwise, arising out of this
Contract or on account of any breach or default hereof, the prevailing party shall be entitled to receive
from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the
court sitting without a jury, which shall be deemed to have accrued on the commencement of such
action and shall be enforced whether or not such action is prosecuted through judgment.
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6.12. Notices and Requests.
Any notice or other communication required or permitted to be given under this Contract shall be in
writing and shall be deemed to have been duly given if (1) delivered to the party at the address set forth
below, (2) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set
forth below or (3) given to a recognized and reputable overnight delivery service, to the address set
forth in below: 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 (1) when delivered to the party, (2) three business days after being placed in the U.S. Mail,
properly addressed, with sufficient postage or (3) 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.
A. If to the Town: Town of Fountain Hills16705 East Avenue of the FountainsFountain Hills, Arizona
85268Attn: Grady E. Miller, Town ManagerWith copy to: Town of Fountain Hills16705 East
Avenue of the FountainsFountain Hills, Arizona 85268Attn: Aaron D. Arnson, Town AttorneyIf to
Contractor:_____________________________________________________________________
______________________________Attn: ____________________________
6.13. Overcharges by Antitrust Violations
The Town maintains that, in practice, overcharges resulting from antitrust violations are borne by the
purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the Town any
and all claims for such overcharges as to the goods and services used to fulfill the Contract.
6.14. Force Majeure
Except for payment for sums due, neither party shall be liable to the other nor deemed in default under
this Contract if and to the extent that such party’s performance of this Contract is prevented by reason
of force majeure. The term “force majeure” means an occurrence that is beyond the control of the party
affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure
includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil
disorders; fire; floods; lockouts, injunctions-intervention-acts, or failures or refusals to act by
government authority; and other similar occurrences beyond the control of the party declaring force
majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure
shall be deemed to commence when the party declaring force majeure notifies the other party, in
accordance with subsection "Notices and Requests", of the existence of the force majeure and shall be
deemed to continue as long as the results or effects of the force majeure prevent the party from
resuming performance in accordance with this Contract. Force majeure shall not include the following
occurrences:
A. Late Delivery. Late delivery of equipment or materials caused by congestion at a manufacturer’s
plant or elsewhere, an oversold condition of the market, inefficiencies or similar occurrences.
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B. Late Performance. Late performance by a Subcontractor unless the delay arises out of a force
majeure occurrence in accordance with this Subsection "Force Majeure". Any delay or failure in
performance by either party hereto shall not constitute default hereunder or give rise to any
claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is
caused by force majeure. If either party is delayed at any time in the progress of the Work by
force majeure, then the delayed party shall notify the other party in accordance with Subsection
"Notices and Requests" and shall make a specific reference to this Section, thereby invoking its
provisions. The delayed party shall cause such delay to cease as soon as practicable and shall
notify the other party in writing. The time of Substantial Completion or Final Completion shall be
extended by written Contract amendment for a period of time equal to the time that the results
or effects of such delay prevent the delayed party from performing in accordance with this
Contract.
6.15. Confidentiality of Records
The Contractor shall establish and maintain procedures and controls that are acceptable to the Town for
the purpose of ensuring that information contained in its records or obtained from the Town or from
others in carrying out its obligations under this Contract shall not be used or disclosed by it, its agents,
officers, or employees, except as required to perform Contractor’s duties under this Contract. Persons
requesting such information should be referred to the Town. 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 this Contract.
6.16. Records and Audit Rights
To ensure that the Contractor and its Subcontractors are complying with the warranty under subsection
"E-verify Requirements" below, Contractor’s and its Subcontractors’ books, records, correspondence,
accounting procedures and practices, and any other supporting evidence relating to this Contract,
including the papers of any Contractor and its Subcontractors’ employees who perform any Work or
Services pursuant to this Contract (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 (1) evaluation and verification of any invoices, payments
or claims based on Contractor’s and its Subcontractors’ actual costs (including direct and indirect costs
and overhead allocations) incurred, or units expended directly in the performance of Work under this
Contract and (2) evaluation of the Contractor’s and its Subcontractors’ compliance with the Arizona
employer sanctions laws referenced in subsection "E-verify Requirements" below. To the extent
necessary for the Town to audit Records as set forth in this subsection, 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 Contract for the duration
of the Work and until three years after the date of final payment by the Town to Contractor pursuant to
this Contract. 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 subsection.
The Town shall give Contractor or its Subcontractors reasonable advance notice of intended audits.
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Contractor shall require its Subcontractors to comply with the provisions of this subsection by insertion
of the requirements hereof in any subcontract pursuant to this Contract.
6.17. 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 Contract
and may result in the termination of this Contract by the Town.
6.18. 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.
6.19. Right to Inspect Plant
The Town may, at reasonable times, inspect the part of the plant or place of business of the Contractor
or Subcontractor that is related to the performance of this Contract.
6.20. Warranties
Contractor warrants to the Town that all Materials and equipment furnished shall be new unless
otherwise specified and agreed by the Town and that all Work shall be of first class quality, free from
faults and defects and in conformance with the Contract. If at any time within one year following the
date of Final Completion and acceptance of the entire Project (or such longer period as may be provided
under warranties for equipment or Materials): (A) any part of the Materials furnished in connection with
the Work shall be or become defective due to defects in either labor or Materials, or both, or (B)
Contractor’s Work or Materials, or both, are or were not in conformance with original or amended Plans
and Specifications, or supplementary shop drawings, then the Contractor shall upon written notice from
the Town immediately replace or repair such defective or non-conforming Material or workmanship at
no cost to the Town. Contractor further agrees to execute any special guarantees as provided by the
Contract or required by law. Contractor shall require similar guarantees from all vendors and from all its
Subcontractors. Contractor further agrees, upon written demand of the Town and during the course of
construction, to immediately re-execute, repair or replace any Work that fails to conform to the
requirements of the Contract, whether caused by faulty Materials or workmanship, or both. In the event
Contractor shall fail or refuse to make such change upon the Town’s written demand, the Town shall
have the right to have such Work re-executed, repaired or replaced, to withhold from or back charge to
Contractor all costs incurred thereby.
6.21. Inspection
All Materials and/or Services are subject to final inspection and acceptance by the Town. Materials
and/or Services failing to conform to the Specifications of this 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: (A) waive the non-conformance; (B) stop the Work
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immediately; or (C) bring material or service into compliance and withhold the cost of same from any
payments due to the Contractor.
6.22. No Replacement of Defective Tender
Every tender of Materials shall fully comply with all provisions of the Contract. If a tender is made which
does not fully conform, this shall constitute a breach of the Contract as a whole.
6.23. Shipment Under Reservation Prohibited
Contractor is not authorized to ship Materials under reservation and no tender of a bill of lading will
operate as a tender of the Materials.
6.24. Liens
All Materials, Service or construction shall be free of all liens and, if the Town requests, a formal release
of all liens shall be delivered to the Town.
6.25. Licenses
Contractor shall maintain in current status all Federal, State and Local licenses and permits required for
the operation of the business conducted by the Contractor as applicable to this Contract.
6.26. Patents and Copyrights
All Services, information, computer program elements, reports and other deliverables, which may be
patented or copyrighted and created under this Contract are the property of the Town and shall not be
used or released by the Contractor or any other person except with the prior written permission of the
Town.
6.27. Preparation of Specifications by Persons other than Town Personnel
All Specifications shall seek to promote overall economy for the purposes intended and encourage
competition and not be unduly restrictive in satisfying the Town’s needs. No person preparing
Specifications shall receive any direct or indirect benefit from the utilization of Specifications, other than
fees paid for the preparation of Specifications.
6.28. Advertising
Contractor shall not advertise or publish information concerning this Contract without prior, written
consent of the Town.
6.29. Conflicting Terms
In the event of any inconsistency, conflict or ambiguity among the terms of the Contract, the IFB, the
Scope of Work, any Town-approved Purchase Order, the Price Sheet, any Town-approved Work Orders,
invoices and the Contractor’s response to the IFB, the documents shall govern in the order listed herein.
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7. ALTERNATIVE DISPUTE RESOLUTION
7.1. Scope
Notwithstanding anything to the contrary provided elsewhere in the Contract Documents, except for
Binding Arbitration Procedure Scope of Award below, the alternative dispute resolution (“ADR”)
process provided for herein shall be the exclusive means for resolution of claims or disputes arising
under, relating to or touching upon the Contract, the interpretation thereof or the performance or
breach by any party thereto, including but not limited to original claims or disputes asserted as cross
claims, counterclaims, third party claims or claims for indemnity or subrogation, in any threatened or
ongoing litigation or arbitration with third parties, if such disputes involve parties to contracts
containing this ADR provision.
7.2. Neutral Evaluator, Arbitrators
The Town will select a Neutral Evaluator to serve as set forth in this ADR process, subject to the
Contractor’s approval, which approval shall not be unreasonably withheld. In the event that the Town
and the Contractor are unable to agree upon a Neutral Evaluator, the neutral evaluation process shall be
eliminated and the parties shall proceed with the binding arbitration process set forth in Section
"Binding Arbitration Procedure" below. The Town and Contractor shall each select an arbitrator to
serve as set forth in this ADR process. Each arbitrator selected shall be a member of the State Bar of the
State of Arizona and shall have experience in the field of construction law. None of the arbitrators nor
any of the arbitrator’s firms shall have presently, or in the past, represented any party to the arbitration.
7.3. Neutral Evaluation Process
If the parties have been unable to resolve the disputes after discussions and partnering, but the parties
have agreed to a Neutral Evaluator, the following neutral evaluation process shall be used to resolve any
such dispute.
A. Notification of Dispute. The Town through its Engineer shall notify the Neutral Evaluator in
writing of the existence of a dispute within 10 Days of the Town or the Contractor declaring
need to commence the neutral evaluation process.
B. Non-Binding Informal Hearing. The Neutral Evaluator shall schedule a non-binding informal
hearing of the matter to be held within seven Days from receipt of notification of the existence
of a dispute. The Neutral Evaluator may conduct the hearing in such manner as he deems
appropriate and shall notify each party of the hearing and of its opportunity to present evidence
it believes will resolve the dispute. Each party to the dispute shall be notified by the Neutral
Evaluator that it shall submit a written outline of the issues and evidence intended to be
introduced at the hearing and the proposed resolution of the dispute to the Neutral Evaluator
before the hearing commences. Arbitrators shall not participate in such informal hearing or
proceedings process. The Neutral Evaluator is not bound by the rules of evidence when
admitting evidence in the hearing and may limit the length of the hearing, the number of
witnesses or any evidence introduced to the extent deemed relevant and efficient.
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C. Non-Binding Decision. The Neutral Evaluator shall render a non-binding written decision as soon
as possible, but not later than five Days after the hearing.
7.4. Binding Arbitration Procedure
The following binding arbitration procedure, except as provided in subsection (G) "Scope of Work"
below, shall serve as the exclusive method to resolve a dispute if (A) the parties cannot agree to a
Neutral Evaluator as set forth in Section "Neutral Evaluator, Arbitrators" above or (B) any party chooses
not to accept the decision of the Neutral Evaluator. The party requesting binding arbitration shall notify
the Neutral Evaluator of a request for arbitration in writing within three business days’ of receipt of the
Neutral Evaluator’s decision. If the Contractor requests arbitration or if Contractor rejects the Town’s
selection of a Neutral Evaluator, it shall post a cash bond with the Neutral Evaluator in an amount
agreed upon by the parties or, in the event of no agreement, the Neutral Evaluator shall establish the
amount of the cash bond to defray the cost of the arbitration as set forth in subsection (M) "Fees and
Costs" and the proceeds from the bond shall be allocated in accordance with subsection (M) "Fees and
Costs" by the Arbitration Panel.
A. Arbitration Panel. The Arbitration Panel shall consist of three arbitrators: the Town’s appointed
arbitrator, the Contractor’s appointed arbitrator and a third arbitrator (or “Neutral Arbitrator”)
who shall be selected by the parties’ arbitrators as set forth in subsection (B) "election of
Neutral Arbitrator" If more than one consultant or contractor is involved in a dispute, the
consultants and/or contractors shall agree on an appointee to serve as arbitrator. The Neutral
Evaluator shall not participate in the proceedings.
B. Selection of Neutral Arbitrator. The parties’ arbitrators shall choose the Neutral Arbitrator
within five business days of receipt of notification of a dispute from the Neutral Evaluator. The
Neutral Arbitrator shall have the same qualifications as those of the arbitrators set forth in
subsection "Neutral Evaluator, Arbitrators". In the event that the selected arbitrators cannot
agree on the Neutral Arbitrator as set forth above, the Neutral Arbitrator shall be the “Default
Neutral Arbitrator,” a person or entity jointly selected by the Town and the Contractor. If the
Town and the Contractor cannot agree on a Default Neutral Arbitrator, the Town and the
Contractor shall each submit two names to an appropriate judge who shall select one person to
serve as the Default Neutral Arbitrator.
C. Expedited Hearing. The parties have structured this procedure with the goal of providing for the
prompt, efficient and final resolution of all disputes falling within the purview of this ADR
process. To that end, any party can petition the Neutral Evaluator to set an expedited hearing. If
the Neutral Evaluator determines that the circumstances justify it, the Neutral Evaluator shall
contact the selected Arbitration Panel and arrange for scheduling of the arbitration at the
earliest possible date. In any event, the hearing of any dispute not expedited will commence as
soon as practical but in no event later than 20 Days after notification of request for arbitration
having been submitted. This deadline can be extended only with the consent of all the parties to
the dispute, or by decision of the Arbitration Panel upon a showing of emergency circumstances.
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D. Procedure. The Arbitration Panel will select a Chairman and will conduct the hearing in such a
manner that will resolve disputes in a prompt, cost efficient manner giving regard to the rights
of all parties. Each party shall supply to the Arbitration Panel a written pre-hearing statement
which shall contain a brief statement of the nature of the claim or defense, a list of witnesses
and exhibits, a brief description of the subject matter of the testimony of each witness who will
be called to testify, and an estimate as to the length of time that will be required for the
arbitration hearing. The Arbitration Panel shall review and consider the Neutral Evaluator
decision, if any. The Chairman shall determine the nature and scope of discovery, if any, and the
manner of presentation of relevant evidence consistent with deadlines provided herein and the
parties’ objective that disputes be resolved in a prompt and efficient manner. No discovery may
be had of any materials or information for which a privilege is recognized by Arizona law. The
Chairman upon proper application shall issue such orders as may be necessary and permissible
under law to protect confidential, proprietary or sensitive materials or information from public
disclosure or other misuse. Any party may make application to the Maricopa County Superior
Court to have a protective order entered as may be appropriate to confirm such orders of the
Chairman.
E. Hearing Days. In order to effectuate parties’ goals, the hearing once commenced, will proceed
from business day to business day until concluded, absent a showing of emergency
circumstances.
F. Award. The Arbitration Panel shall, within 10 Days from the conclusion of any hearing, by
majority vote issue its award. The award shall include an allocation of fees and costs pursuant to
subsection (M) "Fees and Costs" herein. The award is to be rendered in accordance with this
Contract and the laws of the State of Arizona.
G. Scope of Award. The Arbitration Panel shall be without authority to award punitive damages,
and any such punitive damage award shall be void. The Arbitration Panel shall be without any
authority to issue an award against any individual party in excess of twenty percent (20%) of the
original Contract amount, but in no event shall any award exceed $2,000,000, exclusive of
interest, arbitration fees, costs and attorneys’ fees. If an award is made against any individual
party in excess of $100,000, exclusive of interest, arbitration fees, costs and attorneys’ fees, it
must be supported by written findings of fact, conclusions of law and a statement as to how
damages were calculated. Any claim in excess of twenty percent (20%) of the original Contract
amount or in excess $2,000,000 shall be subject to the jurisdiction of the Superior Court of
Arizona, Maricopa County. Any party can contest the validity of the amount claimed if an action
is filed in the Superior Court.
H. Jurisdiction. The Arbitration Panel shall not be bound for jurisdictional purposes by the amount
asserted in any party’s claim, but shall conduct a preliminary hearing into the question of
jurisdiction upon application of any party at the earliest convenient time, but not later than the
commencement of the arbitration hearing.
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I. Entry of Judgment. Any party can make application to the Maricopa County Superior Court for
confirmation of an award, and for entry of judgment on it.
J. Severance and Joinder. To reduce the possibility of inconsistent adjudications: (1) the Neutral
Evaluator or the Arbitration Panel may, at the request of any party, join and/or sever parties,
and/or claims arising under other contracts containing this ADR provision, and (2) the Neutral
Evaluator, on his own authority, or the Arbitration Panel may, on its own authority, join or sever
parties and/or claims subject to this ADR process as they deem necessary for a just resolution of
the dispute, consistent with the parties’ goal of the prompt and efficient resolution of disputes,
provided, however, that the Contractor, Architect/Engineer and Project professionals shall not
be joined as a party to any claim made by a Contractor. Nothing herein shall create the right by
any party to assert claims against another party not germane to the Contract or not recognized
under the substantive law applicable to the dispute. Neither the Neutral Evaluator nor the
Arbitration Panel are authorized to join to the proceeding parties not in privity with the Town.
Contractor cannot be joined to any pending arbitration proceeding, without Contractor’s
express written consent, unless Contractor is given the opportunity to participate in the
selection of the non-Town appointed arbitrator.
K. Appeal. Any party may appeal (1) errors of law by the Arbitration Panel if, but only if, the errors
arise in an award in excess of $100,000, (2) the exercise by the Chairman or Arbitration Panel of
any powers contrary to or inconsistent with the Contract or (3) on the basis of any of the
grounds provided in Ariz. Rev. Stat. § 12-1512, as amended. Appeals shall be to the Maricopa
County Superior Court within 15 Days of entry of the award. The standard of review in such
cases shall be that applicable to the consideration of a motion for judgment notwithstanding the
verdict, and the Maricopa County Superior Court shall have the authority to confirm, vacate,
modify or remand an award appealed under this Section, but not to conduct a trial, entertain
the introduction of new evidence or conduct a hearing de novo.
L. Uniform Arbitration Act. Except as otherwise provided herein, binding arbitration pursued under
this provision shall be governed by the Uniform Arbitration Act as codified in Arizona in Ariz.
Rev. Stat. § 12-1501, et seq.
M. Fees and Costs. Each party shall bear its own fees and costs in connection with any informal
hearing before the Neutral Evaluator. All fees and costs associated with any arbitration before
the Arbitration Panel, including without limitation the Arbitration Panelists’ fee, and the
prevailing party’s reasonable attorneys’ fees, expert witness fees and costs, will be paid by the
non-prevailing party, except as provided for herein. In no event shall any Arbitrator’s hourly fees
be awarded in an amount in excess of $200 per hour and (1) costs shall not include any travel
expenses in excess of mileage at the rate paid by the Town, not to exceed a one way trip of 150
miles, and (2) all travel expenses, including meals, shall be reimbursed pursuant to the travel
policy of the Town in effect at the time of the hearing. The determination of prevailing and non-
prevailing parties, and the appropriate allocation of fees and costs, will be included in the award
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by the Arbitration Panel. Fees for the Neutral Evaluator shall be divided evenly between the
Town and the Contractor.
N. Confidentiality. Any proceeding initiated under ADR shall be deemed confidential to the
maximum extent allowed by Arizona law and no party shall, except for disclosures to a party’s
attorneys or accountants, make any disclosure related to the disputed matter or to the outcome
of any proceeding except to the extent required by law, or to seek interim equitable relief, or to
enforce an agreement reached by the parties or an award made hereunder.
O. Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any party can
petition the Maricopa County Superior Court for interim equitable relief as necessary to
preserve the status quo and prevent immediate and irreparable harm to a party or to the
Program pending resolution of a dispute pursuant to ADR provided herein. No court may order
any permanent injunctive relief except as may be necessary to enforce an order entered by the
Arbitration Panel. The fees and costs incurred in connection with any such equitable proceeding
shall be determined and assessed in ADR.
P. Change Order. Any award in favor of the Contractor against the Town or in favor of the Town
against the Contractor shall be reduced to a Change Order and executed by the parties in
accordance with the award and the provisions of this Contract.
Q. Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to include all
claims, demands, and requests for compensation for costs and losses or other relief, including
the extension of the Contract performance period which reasonably should or could have been
brought against any party that was or could have been brought into this ADR process, with
respect to the subject claim. The Arbitration Panel shall apply legal principles commonly known
as merger and bar to deny any claim or claims against any party regarding which claim or claims
recovery has been sought or should have been sought in a previously adjudicated claim for an
alleged cost, loss, breach, error, or omission.
R. Inclusion in Other Contracts. The Contractor shall cooperate with the Town in efforts to include
this ADR provision in all other Project contracts. Subject to Contractor’s reasonable agreement,
the Contractor agrees that any modification to this ADR provision that is included in the
construction or other contracts shall also apply to the Contractor. It is the intent of the parties
that any changes to this ADR provision in later contracts will be evolutionary and designed to
incorporate the terms of this ADR provision without material changes to the substance or
procedure of this ADR provision.
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8. SCOPE OF WORK
8.1. Project Description
The project includes clearing and grubbing the site, the removal of approximately 18 trees, the removal
and salvage of various pump control systems and access walks, and the removal and salvage of a force
main flow meter and check valve.
The project includes the installation of approximately 460 LF of 66-inch rubber gasketed reinforced
concrete pipe (including both standard and radius pipe), 500 LF of 6-inch perforated HDPE pipe (with
pea gravel and non-woven geotextile fabric), four (4) concrete storm drain manholes, two (2) concrete
headwalls (with access barriers and safety rails), and 250 SY of rip rap (various sizes).
The project includes the installation of a new pump casing and rock surround, a pump control system
and appurtenances, a pump well with submersible pump and appurtenances, a force main flow meter
and check valve (salvaged and replaced), and a steel access platform (salvaged and replaced).
Panorama Drive is expected to be open to traffic during construction unless approved otherwise by the
Town Engineer.
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9. VENDOR QUESTIONNAIRE
The Proposal shall be submitted with a cover letter with an original ink signature (or a compliant digital
signature) by a person authorized to bind the Vendor. Proposals submitted without a cover letter with a
compliant signature by a person authorized to bind the Vendor shall be considered non-responsive. The
entire Proposal shall be a maximum of fifteen pages to address the Proposal criteria (excluding resumes
and the Vendor Information Form, but including the materials necessary to address project
understanding, general information, organizational chart, photos, tables, graphs, and diagrams). Each
page side (maximum 8 1/2” x 11”) with criteria information shall be counted. However, one page may be
substituted with an 11” x 17” sheet of paper, folded to 8 1/2” x 11”, showing a proposed project
schedule or organizational chart and only having information on one side. Cover, back, table of contents
and tabs may be used and shall not be included in the page count, unless they include additional
project-specific information or Proposal criteria responses. The minimum allowable font for the Proposal
is 11 pt, Arial or Times New Roman. Failure to adhere to the page limit, size and font criteria shall result
in the Proposal being considered non-responsive.
Telegraphic (facsimile), electronic (e-mail) or mailgram Proposals will not be considered.
9.1. Licenses
9.1.1. Contractor's License*
Please upload your current AZ Contractor's License here
*Response required
9.1.2. Arizona Transaction Privilege Tax License*
Please upload your Arizona Transaction Privilege Tax License here
*Response required
9.2. DBE/WBE STATUS
9.2.1. DBE/WBE Status*
Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned business
enterprise?
☐ Yes
☐ No
*Response required
9.2.2. DBE/WBE Status - Yes
If you answered yes please provide details and documentation of the certification here
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9.3. References
Provide the following information for three clients for whom Bidder has successfully completed similar
projects as stated in Bid Process and Award subsection Bidder Qualifications within the past 60 months.
Failure to provide three accurate and suitable references will result in disqualification. Bidder may also
attach another sheet with additional references.
9.3.1. Reference # 1*
Please provide the following information for your 1st reference:
• Company
• Address
• City/State/Zip Code
• Contact
• Telephone Number
• Date of Contract Initiation
• Date of Contract Expiration
• Final Project Cost
• Project Description
*Response required
9.3.2. Reference # 2*
Please provide the following information for your 1st reference:
• Company
• Address
• City/State/Zip Code
• Contact
• Telephone Number
• Date of Contract Initiation
• Date of Contract Expiration
• Final Project Cost
• Project Description
*Response required
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9.3.3. Reference # 3*
Please provide the following information for your 1st reference:
• Company
• Address
• City/State/Zip Code
• Contact
• Telephone Number
• Date of Contract Initiation
• Date of Contract Expiration
• Final Project Cost
• Project Description
*Response required
9.4. Certification
By confirming questions under this section, the Vendor certifies:
9.4.1. No Collusion*
The submission of the Proposal did not involve collusion or other anti-competitive practices.
☐ Please confirm
*Response required
9.4.2. No Discrimination*
It shall not discriminate against any employee or applicant for employment in violation of Federal
Executive Order 11246.
☐ Please confirm
*Response required
9.4.3. No Gratuity*
It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity,
future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee,
officer or agent in connection with the submitted Proposal. It (including the Vendor’s employees,
representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of
disqualification, from direct or indirect contact for the purpose of influencing the selection or creating
bias in the selection process with any person who may play a part in the selection process, including the
Selection Committee, elected officials, the Town Manager, Assistant Town Managers, Department
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Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent, except
for questions submitted as set forth in Inquiries. Any attempt to influence the selection process by any
means shall void the submitted Proposal and any resulting Agreement.
☐ Please confirm
*Response required
9.4.4. Financial Stability*
It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including
any potential costs resulting from an award of the Agreement.
☐ Please confirm
*Response required
9.4.5. No Signature/False or Misleading Statement*
The signature on the cover letter of the Proposal and the Vendor Information Form is genuine and the
person signing has the authority to bind the Vendor. Failure to sign the Proposal and the Vendor
Information Form, or signing either with a false or misleading statement, shall void the submitted
Proposal and any resulting Agreement.
☐ Please confirm
*Response required
9.4.6. Professional Services Agreement*
In addition to reviewing and understanding the submittal requirements, it has reviewed the attached
sample Professional Services Agreement including the Scope of Work and other Exhibits.
☐ Please confirm
*Response required
9.5. List of Key Personnel, Subcontractor and/or Suppliers working on the
project
A list of the names and emergency telephone numbers of all proposed Key Personnel, Subcontractors
and suppliers that the Contractor intends to utilize on the Project
9.5.1. List of Subcontractors*
The contractor must list below the Trade, Company name, License and Classification numbers of all
qualified subcontractors and/or suppliers they will employ for the various portions of work indicated.
Failure on the part of the Contractor to complete this list properly may constitute sufficient grounds to
reject the bid. If no subcontractors will be listed please indicate with a N/A
Example: Trade, Company Name, ROC License #, ROC License Classification
*Response required
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9.5.2. List of Key Personnal*
A list of the names and emergency telephone numbers of all proposed Key Personnel
Example: Name, Position Held, Emergency Telephone Number
*Response required
9.5.3. List of Suppliers*
A list of the names and emergency telephone numbers of all proposed suppliers
Example: Name, Company, Emergency Telephone Number
If none please indicate with a N/A
*Response required
9.5.4. Uploaded documents (misc.)
Please upload any documents here (no pricing here, please use the bid matrix)
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10. PRICING PROPOSAL
UNIT PRICING
Line Item Description Quantity Unit of
Measure
Unit Cost Total
105.80000 CONSTRUCTION SURVEYING 1 LS
109.09000 MOBILIZATION/DEMOBILIZATION 1 LS
112.01000 CONTRACTOR QUALITY CONTROL 1 LS
401.01000 TRAFFIC CONTROL 1 LS
201.30000 CLEARING AND GRUBBING 1 LS
201.31000 REMOVE AND DISPOSE EXISTING TREE 18 EA
350.01500 REMOVE END SECTION 1 EA
350.50001 MISCELLANEOUS REMOVALS (PUMP
CASING))
1 LS
350.50002 MISCELLANEOUS REMOVALS (PUMP
CONTROL SYSTEM, CONDUIT, WIRING)
1 LS
350.50003 MISCELLANEOUS REMOVALS AND
SALVAGE (METAL WALK AND
SUPPORTS)
1 LS
350.50004 MISCELLANEOUS REMOVALS (RIPRAP) 481 SF
220.10208 RIPRAP, D50=8IN 161 SY
220.10212 RIPRAP, D50=12IN 87 SY
520.01035 SAFETY RAIL, HEIGHT 3 FT – 6 IN, MAG
DET 145
2 EA
523.12112 HEADWALL, MAG DET 501-3, U TYPE,
12 IN PIPE
1 EA
523.12166 HEADWALL, MAG DET 501-3, U TYPE,
66 IN PIPE
1 EA
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Line Item Description Quantity Unit of
Measure
Unit Cost Total
523.30166 ACCESS BARRIER, 66 IN PHX DET P1563 1 EA
604.01010 CONTROLLED LOW STRENGTH
MATERIAL, 1 SACK
1 LS
625.00110 PUMP CASING AND ROCK SURROUND 1 EA
625.00120 PUMP CONTROL SYSTEM AND
APPURTENANCES
1 EA
625.00130 PUMP WELL, SUBMERSIBLE PUMP AND
APPURTENANCES
1 EA
625.00140 FORCE MAIN WATER METER AND
CHECK VALVE
1 EA
625.00150 STEEL PLATFORM REMOVAL, SALVAGE
AND REPLACEMENT
1 EA
625.00160 ELECTRICAL SERVICE SECTION 1 EA
618.20366 66 IN RGRCP, CLASS III 270 LF
618.20366 66 IN RGRCP, CLASS III, RADIUS PIPE 190 LF
618.20406 6 IN HDPE, PERFORATED, INCLUDE PEA
GRAVEL AND NON-WOVEN
GEOTEXTILE FABRIC
495 LF
618 6 IN HDPE STORM DRAIN PIPE 14 LF
618 6 IN 45-DEGREE BEND 1 EA
625.01200 STORM DRAIN MANHOLE, MAG DET
521 & 522
4 EA
TOTAL
ALLOWANCES
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Line Item Description Quantity Unit of
Measure
Unit Cost Total
107.02115 STORMWATER CONTROL MEASURES 1 Dollars $5,000.00
213.01100 DEWATERING 1 Dollars $25,000.00
* OWNER CONTINGENCY 1 Dollars $50,000.00
TOTAL