HomeMy WebLinkAboutC2024-017 Elite Civil Construction LLC
Contract No. 2024-017
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ELITE CIVIL CONSTRUCTION, 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 Elite Civil Construction, LLC, a(n) Arizona limited liability company (the
“Vendor”).
RECITALS
A. The Town issued a Request for Proposals, RFP No. 2023-008 (the “RFP”), a copy
of which is on file with the Town and incorporated herein by reference, seeking proposals from
vendors interested in providing professional services consisting of Community Center
Improvements [Project] (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 of execution
and shall remain in full force and effect until June 30, 2024.
2. Scope of Work. Vendor shall provide the Services as set forth in the Proposal
attached hereto as Exhibit A and incorporated herein by reference.
3. Compensation. The Town shall pay the Vendor an aggregate amount not to exceed
$117,464.45 at the rates set forth in the Fee Proposal attached hereto as Exhibit A, which sum
includes a fifteen percent (15%) owner’s allowance of $15,321.45, and incorporated herein by
reference.
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.
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.
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.
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
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
$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.
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
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.
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.
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: Rachael Goodwin, Interim 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: Elite Civil Construction, LLC
3240 W. Lincoln St.
Phoenix, Arizona 85009
Attn: Josh Parry
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
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.
13.21 Cooperative Purchasing. Specific eligible political subdivisions and
nonprofit educational or public health institutions (“Eligible Procurement Unit(s)”) are permitted
to utilize procurement agreements developed by the Town, at their discretion and with the
agreement of the awarded Consultant. Consultant may, at its sole discretion, accept orders from
Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and
under the terms and conditions of this Agreement, in such quantities and configurations as may be
agreed upon between the parties. All cooperative procurements under this Agreement shall be
transacted solely between the requesting Eligible Procurement Unit and Consultant. Payment for
such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of
any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive
obligation of such unit. The Town assumes no responsibility for payment, performance or any
liability or obligation associated with any cooperative procurement under this Agreement. The
Town shall not be responsible for any disputes arising out of transactions made by others.
7
ATTESTED TO:
_______________________________
Linda G. Mendenhall, Town Clerk
APPROVED AS TO FORM:
________________________________
Aaron D. Arnson, Town Attorney
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
FOR THE TOWN OF FOUNTAIN HILLS:
____________________________________
Rachael Goodwin, Interim Town Manager
FOR THE CONTRACTOR:
By:
Name
Title: ______________________________
Jesus Jaramillo
President
Rachael Goodwin (Sep 20, 2023 12:56 PDT)
Rachael Goodwin
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ELITE CIVIL CONSTRUCTION, LLC
[Consultant’s Proposal]
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
RFP No. RFP-2023-008
Community Center Improvements
RESPONSE DEADLINE: August 17, 2023 at 5:00 pm
Report Generated: Wednesday, August 30, 2023
Elite Civil Construction, LLC. Proposal
CONTACT INFORMATION
Company:
Elite Civil Construction, LLC.
Email:
josh@elitecivilcon.com
Contact:
Josh Parry
Address:
3240 West Lincoln Street
Phoenix, AZ 85009
Phone:
(602) 703-6200
Website:
www.elitecivilcon.com
Submission Date:
Aug 17, 2023 2:04 PM
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2023-008
Community Center Improvements
PROPOSAL DOCUMENT REPORT
Request for Proposals - Community Center Improvements
Page 2
ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. 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*
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 Subsection 1.4 (Inquiries), above. Any attempt to influence the selection proc ess by any
means shall void the submitted Proposal and any resulting Agreement.
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2023-008
Community Center Improvements
PROPOSAL DOCUMENT REPORT
Request for Proposals - Community Center Improvements
Page 3
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
REFERENCE CHECKS*
References will be checked, and it is Vendor’s responsibility to ensure that all information is accurate and current. Vendor 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. Inability of the Town to verify references shall result in the Proposal being considered
non-responsive.
Confirmed
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2023-008
Community Center Improvements
PROPOSAL DOCUMENT REPORT
Request for Proposals - Community Center Improvements
Page 4
2. Vendor Proposal
GENERAL INFORMATION*
A. One page cover letter as described in the section titled "RFP Submission Process", the subsection titled "Required Submittal".
B. Provide Vendor identification information. Explain the Vendor’s legal organization including the legal name, address,
identification number and legal form of the Vendor (e.g., partnership, corporation, joint venture, limited liability company, sole
proprietorship). If a joint venture, identify the members of the joint venture and provide all of the information required under
this section for each member. If a limited liability company, provide the name of the member or members authorized to act on
the company’s behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent c ompany. If the
corporation is a nonprofit corporation, provide nonprofit documentation. Provide the name, address and telephone number of
the person to contact concerning the Proposal.
C. Identify the location of the Vendor’s principal office and the local work office, if different. Include any documentation that
supports the Vendor’s authority to provide services in Arizona.
D. Provide a general description of the Vendor’s organization, including years in business.
E. Identify any contract or subcontract held by the Vendor or officers of the Vendor that have been terminated within the last
five years. Briefly describe the circumstances and the outcome.
F. Identify any claims arising from a contract which resulted in litigation or arbitration within the last five years. Briefly describe
the circumstances and the outcome.
2.1_General_Information.pdf
EXPERIENCE AND QUALIFICATIONS OF THE VENDOR*
A. Provide a detailed description of the Vendor’s experience in providing similar services to municipalities or other entities of a
similar size to the Town, specifically relating experience with respect to Community Center Water Remediations Project.
B. Vendor must demonstrate successful completion of at least three similar projects within the past 60 months. 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. Provide a list of at least three organizations for which you
successfully completed a similar project. This list shall include, at a minimum, the following information:
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2023-008
Community Center Improvements
PROPOSAL DOCUMENT REPORT
Request for Proposals - Community Center Improvements
Page 5
1. Name of company or organization.
2. Contact name.
3. Contact address, telephone number and e-mail address.
4. Type of services provided.
5. Dates of contract initiation and expiration.
2.2_Experience_&_qualifications.pdf
KEY POSITIONS*
A. Identify each key personnel member that will render services to the Town including title and relevant experience required,
including the proposed project manager and project staff.
B. Indicate the roles and responsibilities of each key position. Include senior members of the Vendor only from the perspective of
what their role will be in providing services to the Town.
C. If a subcontractor will be used for all work of a certain type, include information on this subcontractor. A detailed plan for
providing supervision must be included.
D. Attach a résumé and evidence of certification, if any, for each key personnel member and/or subcontractor to be involved in
this project. Résumés should be attached together as a single appendix at the end of the Proposal and will not count toward
the Proposal page limit. However, each resume shall not exceed two pages in length.
2.3_Key_Positions.pdf
PROJECT APPROACH*
A. Describe the Vendor’s approach to performing the required Services in the section titled Scope of Work, and its approach to
contract management, including its perspective and experience on partnering, customer service, quality control, scheduling
and staff.
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2023-008
Community Center Improvements
PROPOSAL DOCUMENT REPORT
Request for Proposals - Community Center Improvements
Page 6
B. Describe any alternate approaches if it is believed that such an approach would best suit the needs of the Town. Include
rationale for alternate approaches, and indicate how the Vendor will ensure that all efforts are coordinated with the Town’s
Representatives.
2.4_Project_Approah.pdf
PROJECT SCHEDULE*
Provide a project schedule showing key project milestones and deliverables. The schedule shall demonstrate Vendor’s ability to meet
the designated milestones as listed below. Assumptions used in developing the schedule shall be identified and at a minimum the
proposed schedule shall include the following dates, if applicable.
A. Proposed Kick-Off Meeting
B. Phase I Report Due Date
C. Phase I Report Presentation Date
D. Phase II Implementation Start Date
E. Project Completion Date
2.5_Project_Schedule.pdf
PRICING*
Cost_Proposal.pdf
PROPRIETARY OR CONFIDENTIAL INFORMATION IN THE BID?*
Communicate information not to be made public by highlighting the proprietary/confidential information.
No
W-9
W9.pdf
The Town of Fountain Hills
COMMUNITY CENTER
IMPROVEMENTS
3240 West Lincoln Street,
Phoenix, Arizona 85009
(602) 610-3555
info@elitecivilcon.com
ROC KB1 328245
ROC KA 328010
Table of Contents
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3 Cover Letter
4General Information
13 Project Approach
16Project Schedule
6 Experience and Qualifications
9 Key Positions
19 Pricing
Proprietary or confidential information in the bid 21
22 W9
Cover Letter
August 7, 2023
City of Fountain Hills
Rob Durham
Procurement Administrator
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Project ID: RFP-2023-008, Request for Proposals, Community Center Improvements
Members of the Selection Committee,
On behalf of Elite Civil Construction, LLC, thank you for the opportunity to submit this Request for
Proposal for the Community Center Improvements project. We look forward to continuing our successful
relationship with the City of Fountain Hills.
Elite Construction has prospered by continually exceeding expectations. Our knowledgeable and
experienced workforce is dedicated to creating a seamless and professional experience from start to
finish. We focus on a partnering mentality. We strive to create a unified team from the
inception of the project and ensure that our team does not lose sight of that pr iority. We live by
the philosophy, “We are only as successful if you are successful.”
In the end, we don’t just build, we Build Trust.
Sincerely,
Jesus Jaramillo
President,
Elite Civil Construction LLC
3
General
Information
4
General
Information
Elite Civil Construction LLC is a locally owned for profit company founded in
2020 by three partners which combined, share over 66 years of experience
in the industry. Elite is a general contractor specializing in various aspects of
construction. The services are distinctly separated into two divisions which
include the Civil Division and the Tenant Improvements Division. The Civil
Division manages and self-performs projects that include dry utilities, water,
sewer, storm drain, paving, concrete, and site demolition services. The
Tenant Improvements Division manages and self-performs projects that
include steel framing, gypsum board installation, interior demolition, flooring,
painting, texture, millwright work, metal fabrication, and interior art
installation.
Legal Name
Elite Civil Construction, LLC.
Address
3240 W. Lincoln St, Phoenix, AZ 85009
Authorized Members
Jesus Jaramillo, President
Robert Duarte, Vice President
Andres Angulo, Operations President
Tax Identification Number
Arizona Transaction Privilege Tax Number: 21344808
Federal Taxpayer Identification Number: 84-4905616
Primary Contact
Jesus Jaramillo, President
3240 W. Lincoln St, Phoenix, AZ 85009
(210) 251-8186
Principal Office
All key staff on this project will be assigned from the main office
located at 3240 W. Lincoln St, Phoenix, AZ 85009.
Documentation
Elite Civil Construction LLC is a State of Arizona Licensed
Contractor. Physical copies of the licenses can be provided
upon request.
ROC KB1 328245 (Dual Building Contractor)
ROC KA 328010 (Dual Engineering)
5
Terminated Contracts /
Subcontracts & Claims
Elite Civil Construction has never filed a
claim or received a claim from clients,
subcontractors, or suppliers. In addition,
a contract has never been terminated.
This proposal did not involve any
collusion or other anti-competitive
practices.
Elite Civil Construction will not
discriminate against any employee or
applicant for employment in violation of
Federal Executive Order 11246.
Elite Civil Construction 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 this or any
other Proposals. Elite (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.
Experience and
Qualifications
6
Experience and Qualifications
of the Vendor
Elite Civil Construction LLC has extensive experience in the general construction trades required to
complete this project. We have worked in a variety of environments, from new build commercial
construction to retrofit and remodel projects of facilities still in active use. We are cognizant of the
challenges involved in working at these locations and prepared to schedule accordingly to not only
complete the work on time, but also create a limited impact on the facility and those that use it.
Elite Civil has a highly qualified and experienced workforce which will ensure that every aspect of
the project can be self-performed rather than subcontracted to other companies. In fact, Elite Civil
self-performs over 95% of our work.
Our team utilizes the owned equipment fleet to its maximum potential and e nsures that our field
construction team has the proper equipment for the aspect of work. By employing the most
experienced labor force and owning an extensive fleet of equipment our team can self -perform the
following aspects of work:
Earthwork and Grading
Utility Infrastructure
Potable Water Distribution Systems
Sanitary Sewer Facilities
Concrete Construction
Site Work
Vertical Construction
Painting
Masonry
Framing and Drywall Installation
Acoustical Ceilings
Interior Finishes
7
Similar Projects
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Name of company or Organization: Urban Strategies LLC
Contact Name: Karla Solano
Contact Info: (480) 467-9039 ksolano@urbanstrategies.us
Dates of contract initiation and expiration: 9/8/2020 – 10/30/20
The project included the demolition and reconstruction of ten classrooms repurposed for a federal-funded
daycare facility. Not only was this a fast-paced project but this was also a design-built project. We oversaw
the project design, permitting, construction, and project close out. The scope of work included a new
electrical system, HVAC duct work, acoustical ceilings, flooring, partition walls, installation of six ADA
compliant bathrooms and sinks. The project also included new access doors, windows, and millwright
cabinetry work.
As a design-build project, Elite was directly responsible for selecting and overseeing the architectural design,
permitting process, inspection coordination, subcontractor management, and self-performed approximately
90% of the project.
Nikola Motors Phase 1.0 - Coolidge, AZ
Name of company or Organization: Niokola Motors
Contact Name: Joe Shelton
Contact Info: (313) 580-2616 – jshelton3@walbridge.com
Dates of contract initiation and expiration: 4/21 – 8/23
This was the first in a series of projects we completed for Nikola Motors. The project included the general
trades required for approximately 1.5 million square foot manufacturing facility. This project included framing,
installation of hollow metal doors, drywall, framing, painting, counter tops, concrete structures, and wet
utilities. The project also required the installation of bathroom partition walls, acoustic ceilings, custom desks,
flooring, and baseboards.
NFL Super Bowl LVII – Glendale, AZ 01/23 – 03-23
Name of company or Organization: BaAm Productions
Contact Name: Ray Salverda
Contact Info: 55 Fieldway Rd, Toronto, Ontario M8Z 3L4, CA
(416) 703-5753 - Ray.salverda@baamproductions.com
Dates of contract initiation and expiration: 01/23 – 03/23
Interior scope of work included suite modifications including removal and reinstallation of commercial doors,
windows, gypsum board and framing in two suites for the commissioner and team owner. We created and
remediated openings in cinder block walls between multiple rooms and installed hollow metal doors at
multiple locations throughout the stadium. Elite also constructed a permanent sensory room including
drywall, framing, and fire rated access panels. The scope of work also included a massive cable
management system required to provide additional temporary power and communications cables throughout
the stadium.
In addition to interior work, Elite also provided exterior construction in preparation for the Super Bowl which
included the installation of asphalt paths, concrete removal/replacement, asphalt repairs, landscaping work,
gravel access paths, bollard removals, fencing removal and window replacements.
8
9
Key
Positions
Jesus Jaramillo - Project Principal
Jesus has more than 18 years of experience in the construction of civil projects, industrial
construction projects, renovations, electrical upgrades, and multi-family construction. Not only is he
the founder of Elite Civil Construction but he remains an integral part of managing and ensuring
projects are completed effectively company wide. In the past seven years, he has supervised the
successful completion of over 715 projects with specialized customers to include the Nikola
Manufacturing Plant, Epcor Water, The Town of Fountain Hills, and Maricopa County.
Mr. Jaramillo oversees the daily activities of all project manag ers, superintendents, project
engineers, and site personnel. He is responsible for scheduling, contract negotiation, budget
tracking, client relations, and leads the weekly project meetings.
Valente Araiza – General Superintendent
Valente brings years of experience to the Elite team. His experience ranges from projects which
include the original construction of Arizona Diamondbacks Stadium to being an integral part of the
successful completion of Super Bowl LVII in Glendale. He leads our General T rades division which
includes the construction of new commercial facilities, building expansions, and major renovations.
With Valente’s extensive knowledge of construction, he leads his division with a strong will -do
mentality and a focus on quality.
Josh Parry – Project Manager
As Project Manager, Josh has a dependable business background and brings client service to each
project focusing on reaching goals for project completion. He was the project manager for Super
Bowl LVII and thrives in an environment of fast-tracked construction which gives him an advantage
over most people. His keen sense of attention to detail makes him a valuable asset to our team.
Key Positions
10
.
Project Manager/Point of Contact: Josh Parry
Josh will manage communications and serve as a direct point of contact. He will also manage day-
to-day operations of assigned projects, including coordination of necessary field investigations,
preparation of cost estimates, identification of value engineering opportunities, generation of critical
path schedules, and development of alternative material options.
General Superintendent - Valente Araiza
Valente will run daily on-site operations and guide the construction of the new facility. He will
schedule labor and assist any manage all subcontractors in the completion of the project.
He will control and implement quality control measures, material delivery scheduling, and general
field coordination. He will directly assist Project Manager Josh Parry in daily operations to keep your
projects running smoothly. He will also assist Safety Manager Desiree Garcia in developing and
implementing site and project-specific safety plans.
Construction Safety Manager: Desiree Garcia
Desirre will consult with the City of Fountain Hills and the Project Manager Josh Parry as
needed/applicable to identify the project specific safety plan, including project location, scope of the
work involved, equipment/methods of construction to be used, and employee training that may be
required.
Desiree will prepare a site-specific Job Hazard Analysis (JHA) that evaluates each work activity to
identify hazards and appropriate controls.
Roles and Responsibilities of
Key Positions
11
Elite is fortunate to not only manage construction projects but also self performs multiple trades. Depending
on the complexity of certain projects and scheduling constraints, Elite relies on the cooperation of
subcontractors as they are essential resources with specialized skills and experience to complete projects.
Our company has developed long lasting relationships with many subcontractors that provide similar
services or complete work that is not performed by Elite such as plumbing, electrical, and HVAC. We have
worked side by side with the best subcontractors in Arizona and have a pool of like-minded companies that
strive for perfection just like us.
Due to the requirements of this project Elite plans to utilize the following subcontractors:
Electrical – AME Electrical
Mechanical – Sylvan
Concrete – Aragon Concrete
With our experience with these types of projects, our team has identified potential subcontractors which
might be needed and includes electrical, HVAC, and masonry. Our team has analyzed every portion of
work on this project to select the appropriate subcontractors.
Elite will dedicate a project manager to be onsite during all aspects of work to supervise safety, quality, and
ensure all subcontractors are performing accordingly. Our onsite supervisors will conduct daily meetings
with the subcontractors to determine an action plan and fill out the necessary safety forms. At the middle
and end of shift our onsite supervisors will ensure that all work has been performed in accordance with the
highest safety and quality standards. Our subcontractors will not be left unattended during any portion of
work.
Each project’s Field Supervisor will keep a Daily Log of all construction activities to track progress, including:
- Weather conditions (temperature, precipitation or other condition) that affected work
- Onsite/existing soil conditions that affected work
- Hours worked by in-house & subcontractor crews
- Number of field staff (by activity/trade/subcontractor) working at the site
- Equipment used at the site (active or standby)
- Any delays, disruptions or unusual or special occurrences at the Site;
- Deliveries/materials received at jobsite
Subcontractors
12
13
Project
Approach
Project Approach
We recognize that a successful project is more than just a finished project. We must also manage the
needs of stakeholders, communicate effectively, adhere to schedules and control costs, all while
maintaining a safe and orderly worksite.
Elite Civil has a highly qualified and experienced workforce which will ensure that most aspects of
every project can be self-performed rather than subcontracted to other companies. In fact, Elite Civil
self-performs over 95% of our work.
Our team utilizes our owned equipment fleet to its maximum potential and ensures that our field
construction team has the proper equipment for the aspect of work. By employing the most experienced
labor force and owning an extensive fleet of equipment our team can self -perform, allowing us to
complete projects quicker and without scheduling delays.
Partnering is a proactive management approach that we implement and has proven successful in all
our projects. We accomplished this by establishing a mindset, commitment and process of all team
members centered around a mutual objective – successful project delivery. Our collective success is
measured by shared goals related to the projects scope, schedule, budget, quality, and safety.
By implementing this methodology, it allows the entire construction team to build trust, unite, and
establish a culture of continuous improvement. This has led to extraordinary success and cemented a
lasting relationship with all of our customers.
Elite implemented the partnering lifecycle.
14
15
In Person Face-to-Face Communication
Rather than working from our primary office and relying on phone calls or emails to solve problems, our team
is onsite daily to solve any problems that arise in a more personal manner. This ease of access offered
peace of mind and avoided the frustration of miscommunication.
Our team has many years of experience in Fountain Hills, and we understand municipal regulations, weather
and local potential construction issues. Elite has a versatile workforce engaging in civil projects and
commercial renovation projects across Arizona.
Our staff recognizes building codes and city regulations to ensure t he construction team builds the project
correctly the first time to maintain an accelerated schedule. Our field support team has the knowledge to
inspect the work prior to local inspectors.
Quality Control
Elite is dedicated to quality. The work performed by Elite or its subcontractors must meet the highest quality
standards. In order to ensure the highest quality outcome, our quality control plan includes the following
items:
- A schedule of all required submittals.
- A materials and equipment procurement schedule.
- A list of all Pre-construction Meeting requirements.
- A list of all inspections and tests required per plans and specifications.
- The list of the “Quality Assurance” requirements per Specifications.
- The list of the “Field Quality Control” requirements per Specifications.
- A Quality Control Team Organizational Chart indicating the duties, responsibilities and authority of
team members.
- A list of all utility outages required.
- An outline of all Start-up Schedules, Commissioning Requirements, Punch List Procedures, As-
built Drawings and Warranty Provisions.
- Testing and Inspection Plan & Procedures
- Document Control Outline
Alternative Approaches
We feel that this is a very straight forward project and does not require an alternative approach. However,
our team has analyzed a few areas which may lead to value engineering and include the masonry wall
installation and the utilization of existing structures.
Project
Schedule
Elite has identified the following milestones on this project.
- Submittal Submission
- Submittal Approval
- HVAC Mini Split Procurement
- Door and Hardware Procurement
- Substantial Completion
- Final Completion
16
IDTask ModeTask Name Duration Start1Notice to Proceed0 daysMon 8/14/232Preconstruction Meeting5 daysMon 8/14/233Prepare Submittals5 daysMon 8/21/234Review Submittals5 daysMon 8/28/235Procure Building Materials2 daysMon 9/4/236Procure HVAC20 daysMon 9/4/237Procure Doors/Hardware20 daysMon 9/4/238Mobilization0 daysTue 9/5/239Repair Masonry5 daysWed 9/6/2310Frame Exterior Walls5 daysWed 9/6/2311Install Electrical5 daysWed 9/13/2312Install Doors2 daysMon 10/2/2313Install HVAC2 daysWed 10/4/2314Painting 2 daysWed 10/4/2315Substantial Completion0 daysThu 10/5/2316Punchlist Walkthru0 daysThu 10/5/2317Complete Punchlist1 dayFri 10/6/2318Final Walkthru0 daysFri 10/6/2319Final Completion0 daysFri 10/6/2320Demobilization0 daysFri 10/6/238/14 Notice to Proceed8/14 8/18Preconstruction Meeting8/21 8/25Prepare Submittals8/28 9/1Review Submittals9/4 9/5Procure Building Materials9/4 9/29Procure HVAC9/4 9/29Procure Doors/Hardware9/5 Mobilization9/6 9/12Repair Masonry9/6 9/12Frame Exterior Walls9/13 9/19Install Electrical10/2 10/3Install Doors10/4 10/5Install HVAC10/4 10/5Painting 10/5 Substantial Completion10/5 Punchlist Walkthru10/6 10/6Complete Punchlist10/6 Final Walkthru10/6 Final Completion10/6 Demobilization25291623306132027310172418152229Jul '23Aug '23Sep '23Oct '23Nov '23TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineCriticalCritical SplitProgressManual ProgressPage 1Project: Project ScheduleDate: Thu 8/17/23
Estimate Number:
Customer:Contact:Date:
Address:
Cell Phone:Business Phone:Email:
Job Name:
Job Address:
Elite Civil Construction, LLC, hereby submits a cost estimate for the following work:
Bid Item #Qty UM Unit Cost Total Cost
1 1 LS 5,500.00$ 5,500.00$
2 1 LS 9,500.00$ 9,500.00$
3 1 LS 19,500.00$ 19,500.00$
4 1 LS 4,300.00$ 4,300.00$
5 1 LS 6,800.00$ 6,800.00$
6 1 EA 5,600.00$ 5,600.00$ Install Hollow Metal Door
- Furnish/Install 1 EA hollow metal door.
- Install 40 LF of weep screeds per plans.
- Install backer rod and caulking on all joints.
- Install stucco on exterior wall to match existing.
- Demolish existing door and windows per plans.
- Install floor base to match existing.
of finish paint.
- Cover all areas to prevent over spray.
- Provide traffic barriers around work area.
Paint Interior and Exterior
- Paint the interior walls and ceiling to match existing.
- Paint the exterior walls to match existing.
- Paint shall be applied with 2 EA coats of primer and 2 EA coats
- Finish the interior drywall to match existing.
- Install 270 SF of weather barrier per plans.
- Finish drywall to a level 4 finish.
Cover Windows and Door Opening
- Cover 3 EA existing window openings per plans.
- Cover 1 EA existing door opening per plans.
- Paint the interior wall to match existing.
23-060
Fountain Hills Community Center
13001 N. La Montana Dr, Fountain Hills, AZ 85268
rdurham@fh.az.gov
16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268
480-816-5133
Description
General Conditions
Cost Proposal
Owner Information
The Town of Fountain Hills Robert Durham 8/17/2023
- Mobilize equipment required to complete project onsite.
- Provide project supervision.
- Provide temporary facilities.
Repair Masonry Walls
- Remove existing plywood covers.
- Extend masonry block wall to lengths shown on the plans.
- Install new masonry block to match existing.
- Install block on existing concrete floor.
- Install rebar as required to support new block.
- Install 270 SF of foam insulation on exterior wall per plans.
- Wall grout filling shall be excluded.
Install Framing and Gypsum Board
- Install approximately 270 SF of exterior drywall.
- Install 270 SF of wall insulation per plans.
- Replace stucco to match existing.
- Install new cold formed steel framing on new wall to include
18 GA X 6" wide studs and tracks.
- Install approximately 270 SF of abuse resistant drywall.
7 1 LS 21,000.00$ 21,000.00$
8 1 EA 14,350.00$ 14,350.00$
9 1 AL 4,800.00$ 4,800.00$
10 1 AL 4,000.00$ 4,000.00$
11 1 LS 1,222.00$ 1,222.00$
12 1 LS 5,571.00$ 5,571.00$
Total 102,143.00$
- Paint door to match existing.
- Furnish/Install conduit required to power the condenser on top
of the roof not to exceed 270 LF.
- Install new breaker on existing electrical panel.
- Relocate 1 EA light switch.
- Replace 1 EA GFCI receptacle in new room per plans.
- Install 1 EA light motion detector per plans.
- Lights shall remain as installed.
- Install condenser floor supports per plans.
- Install fused disconnect per plans.
- Install 1 EA thermostat in room.
shall be excluded.
- Thermostat control integration with existing HVAC system
- This is an allowance and the final cost will be based on the
actual cost plus a 15% markup with proof of invoice.
Sales Tax
Payment & Performance Bond
- Provide payment and performance bonds if required.
- Install strobe light per fire code in new building.
- The plans do not indicate any details of the equipment, wiring, or
controls required for this scope of work.
- This is an allowance and the final cost will be based on the
actual cost plus a 15% markup with proof of invoice.
- Please note that the cost of the relocation of the card reader
will depend on the existing wiring conditions on the walls and the
hardware which the unit will be mounted.
Fire Alarm Allowance
- Install 1 EA roof penetration boot per plans.
Relocate Card Reader - Allowance
- Relocate card reader to new door.
- Connect new wiring and run conduits.
Install Mini-Split
- Furnish/Install 1 EA mini split per plans.
- Insulate refrigerant lines with Armstrong Armaflex insulation and
aluminum jacketing per plans.
- Core roof as required for electrical and refrigerant lines.
conduit and fittings.
- Exterior conduits shall be installed with water tight fittings.
- Install new GFCI receptacle in roof near condenser unit.
- Install conduit from condenser unit to interior fan unit.
- Door windows shall be excluded.
- Final lock shall be keyed by owner.
Install Electrical
- Interior conduit shall be installed above grid ceiling with EMT
- Install locking hardware on exterior and panic hardware on interior.
- Install hydraulic closer, kick plate, hinges, and handles.
Exclusions/Clarifications
- Surveying shall be excluded.
- Concrete work shall be excluded.
- Construction water shall be provided by others.
- Permits shall be provided by others.
- Third party testing shall be provided by others.
- Quality control testing shall be provided by others.
- This proposal shall be deemed void after 60 calendar days.
Payment terms shall be submitted in accordance with Arizona Statues and due within 14 days following the completion of the work.
This cost proposal is submitted by: Jesus Jaramillo
Name Date Signature
8/17/2023
One-Hundred Two-Thousand, One-Hundred Forty-Three Dollars - Zero-CentsAll of the work shall be completed for the sum of
W-9
22
Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
a Go to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the
requester. Do not
send to the IRS.Print or type. See Specific Instructions on page 3.1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
following seven boxes.
Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) a
Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check
LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is
another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions) a
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions.
6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and
Number To Give the Requester for guidelines on whose number to enter.
Social security number
––
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4.The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here
Signature of
U.S. person a Date a
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
•Form 1099-DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
•Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X Form W-9 (Rev. 10-2018)
Elite Civil Construction LLC
✔P
3240 W. Lincoln St
Phoenix, AZ 85009
84 4905616
01/18/2023