HomeMy WebLinkAboutC2020-065 - M.R. Tanner Development and Construction, INC Contract No. 2020-065
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
M.R. TANNER DEVELOPMENT AND CONSTRUCTION,INC.
THIS COOPERATIVE PURCHASING AGREEMENT(this"Agreement")is entered into
as of February 18, 2020, between the Town of Fountain Hills, an Arizona municipal corporation
(the"Town"), and M.R. Tanner Development and Construction, Inc., an Arizona corporation(the
"Contractor").
RECITALS
A. After a competitive procurement process,the City of Chandler(the"City")entered
into Contract No. PW0-745-4123 (the "City Contract"), for the Contractor to provide street
maintenance and repair services. A copy of the City Contract is on file with the Town and is
incorporated herein by reference as Exhibit A.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the City Contract, at its discretion and with the agreement of the awarded
Contractor,and the City Contract permits its cooperative use by other public entities,including the
Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the City Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide
necessary staff, services and associated resources to provide the City with street maintenance and
repair services (the"Materials and Services"), and(iii) setting the maximum aggregate amount to
be expended pursuant to this Agreement related to the Materials and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and shall remain in full force and effect until February 17, 2021 (the"Initial Term"),unless
terminated as otherwise provided in this Agreement or the City Contract. After the expiration of
the Initial Term, this Agreement may be renewed for up to 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 in each subsequent year, (ii) the term of the City Contract has
not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of
this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional
one-year term and (iv) the Town approves the additional one-year term in writing (including any
price adjustments approved as part of the City Contract), as evidenced by the Town Manager's
signature thereon,which approval may be withheld by the Town for any reason. The Contractor's
failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of
the then-current term of this Agreement; provided, however, that the Town may, at its discretion
and with the agreement of the Contractor, elect to waive this requirement and renew this
Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the
"Term."Upon renewal, the terms and conditions of this Agreement shall remain in full force and
effect.
2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement
for Materials and Services under the terms and conditions of the City Contract. The Town does
not guarantee any minimum or maximum number of purchases will be made pursuant to this
Agreement. Purchases will be made only when the Town identifies a need and proper
authorization and documentation have been approved.For purchase(s)determined by the Town to
be appropriate for this Agreement,the Contractor shall provide the specific Materials and Services
to the Town in such quantities and configurations agreed upon between the parties, in a written
invoice, quote, materials order or other form of written agreement describing the materials to be
delivered (each, a "Materials Order"). Each Materials Order shall (i) contain a reference to this
Agreement and the City Contract and(ii) be attached hereto as Exhibit B and incorporated herein
by reference. A Materials Order submitted without referencing this Agreement and the City
Contract will be subject to rejection. Contractor acknowledges and agrees that a Materials Order
containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the
terms of this Agreement, other than Town's project-specific requirements, is hereby expressly
declared void and shall be of no force and effect.
2.1 Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this
Agreement and/or the City Contract will be held at Contractor's risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non-
conforming Materials or Services, the Town may elect to do any or all of the following by written
notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii)
bring Materials or Services into compliance and withhold the cost of same from any payments due
to the Contractor.
2.2 Cancellation. The Town reserves the right to cancel any work order within
a reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse
the Contractor, but only for actual and documentable costs incurred by the Contractor due to and
after issuance of the work order. The Town will not reimburse the Contractor for any costs incurred
after receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to
issuance of a work order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation. The Town shall pay the Contractor an amount not to exceed
$3,400,000.00 during the Initial Term of the Agreement for the Materials and Services at the rates
set forth in the City Contract. The aggregate not-to-exceed amount, inclusive of all Renewal
Terms, shall not exceed $3,400,000.00.
4. Payments. The Town shall pay the Contractor monthly,based upon acceptance and
delivery of Materials and/or Services performed and completed to date, and upon submission and
approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the City
Contract and (ii) document and itemize all work completed to date. The invoice statement shall
include a record of materials delivered, time expended, and work performed in sufficient detail to
justify payment. Additionally,invoices submitted without referencing this Agreement and the City
Contract will be subject to rejection and may be returned.
5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor's and its subcontractors' books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors'
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit evaluation of the Contractor's and its subcontractors' compliance with the Arizona
employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to
audit Records as set forth in this Section,Contractor and its subcontractors hereby waive any rights
to keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended, the Town shall have access to said Records, even if located at its
subcontractors' facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Contractor pursuant to this
Agreement. Contractor and its subcontractors shall provide the Town with adequate and
appropriate workspace so that the Town can conduct audits in compliance with the provisions of
this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor shall require its subcontractors to comply with the provisions of this
Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARIz. REV. STAT. § 41-
4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIz. REV. STAT. § 23-214(A). Contractor's or its subcontractors' failure to comply with
such warranty shall be deemed a material breach of this Agreement and may result in the
termination of this Agreement by the Town.
7. Israel. Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARIz.
REV. STAT. § 35-393, of Israel.
8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIz.REV.STAT. § 38-511.
9. Applicable Law;Venue. This Agreement shall be governed by the laws of the State
of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County,Arizona.
10. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town's then current fiscal year. The Town's obligations
under this Agreement are current expenses subject to the "budget law" and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
Agreement shall be deemed terminated at the end of the then-current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement.The parties agree that the Town has no obligation
or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in
this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement
is executed and delivered. The Town shall be the sole judge and authority in determining the
availability of funds for its obligations under this Agreement. The Town shall keep Contractor
informed as to the availability of funds for this Agreement. The obligation of the Town to make
any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.
Contractor hereby waives any and all rights to bring any claim against the Town from or relating
in any way to the Town's termination of this Agreement pursuant to this section.
11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, the City Contract, and invoices, the documents shall govern in the
order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above,
unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this
Agreement or the City Contract (collectively, the "Unauthorized Conditions"), other than the
Town's project-specific requirements, are expressly declared void and shall be of no force and
effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized
Conditions or failure to demand full compliance with the terms and conditions set forth in this
Agreement or under the City Contract shall not alter such terms and conditions or relieve
Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the
performance of this Agreement.
12. Rights and Privileges. To the extent provided under the City Contract, the Town
shall be afforded all of the rights and privileges afforded to the City and shall be the "City" (as
defined in the City Contract) for the purposes of the portions of the City Contract that are
incorporated herein by reference.
13. Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to the City to the extent provided under the City Contract, and such
insurance coverage and indemnifications shall inure and apply with equal effect to the Town under
this Agreement including, but not limited to, the Contractor's obligation to provide the
indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof(the Town and
any such person being herein called an "Indemnified Party"), for, from and against any and all
losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys' fees, court costs and the costs of appellate proceedings)to which any such Indemnified
Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such
Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the
negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work
or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the
performance of this Agreement.
14. Notices and Requests.Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail,registered
or certified, return receipt requested, to the address set forth below or (iii) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268 •
Attn: Grady E. Miller, Town Manager
With copy to: Pierce Coleman PLLC
4711 E. Falcon Dr., Ste. 111
Mesa, Arizona 85215
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: M.R. Tanner Development and Construction, Inc.
1327 W. San Pedro St.
Gilbert, Arizona 85233
Attn: Josh Skinner
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a parry's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona Municipal Corporation
(16110
Grady E. Miller, " own anager
ATTEST:
E zabeth . urke, Town Cl rk
APPROVED AS TO FORM:
aron D. Arnson, Town Attorney
(ACKNOWLEDGEMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
Onr'f 1, , \ I 0 ,2020,before me personally appeared Grady E.Miller,the Town
Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity
was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document, on behalf of the Town of Fountain Hills.
MIE SALENTINEfint �e i`A^' "t
;r'�:•� ryPublwt tcatrizon� N tarn Public
NIARICOPA COUNTY
Cpmmisson 550103
Expires July 11,2022
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
"Contractor"
M.R. Tanner Deve pment a Construction, Inc.,
an Arizona o ion
By:
Name: AAN3 Ei# S
Its: -Pia,-;
(ACKNOWLEDGEMENT)
STATE OF 19 P fzon k )
) ss.
COUNTY OF-N4trercp& )
On t i I 0-'/ , 2020, before me personally appeared #31-44/ �VA T S , the
r' ,l 1cw f of M.R. Tanner Development and Construction, Inc., an Arizona corporation,
whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she
claims to be, and acknowledged that he or she signed the above document, on behalf of the limited
liability company.
xc s+ JUDY L.BRODIE r /10.4,e1
NOTARY PUBLIC ota blic
J =i MARICOPA COUNTY,Arizona
«.
.+° COMMISSION#:548556
'_ a> My Comm.Expires June 29,2022
(Affix notary seal here)
4825-0858-5390,v.1
EXHIBIT A
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
M.R. TANNER DEVELOPMENT AND CONSTRUCTION, INC.
[City Contract]
See following pages.
• i
City Clerk Document No.
City Council Meeting Date: 12/12/19
CITY OF CHANDLER SERVICES AGREEMENT
STREET MAINTENANCE AND REPAIR SERVICES
CITY OF CHANDLER AGREEMENT NO. PW0-745-4123
THIS AGREEMENT(Agreement) Is made and entered into by and between the City of Chandler, an Arizona
municipal corporation (City), and M.R. Tanner Development & Construction, Inc., an Arizona Corporation
(Contractor), (City and Contractor may Individually be referred to as Party and collectively referred to as
Parties)and made a ) ,20 U, (Effective Date).
RECITALS
A.City proposes to contract for street maintenance and repair services as more fully described In Exhibit A,
which is attached to and made a part of this Agreement by this reference.
B.Contractor is ready,willing, and able to provide the services described in Exhibit A for the compensation
and fees set forth and as described in Exhibit B,which is attached to and made a part of this Agreement by
this reference.
C.City desires to contract with the Contractor to provide these services under the terms and conditions set
forth in this Agreement.
AGREEMENT
NOW,THEREFORE,in consideration of the premises and the mutual promises contained in this Agreement,
City and Contractor agree as follows:
SECTION I:DEFINITIONS
For purposes of this Agreement,the following definitions apply:
Agreement means the legal agreement executed between the City and the Contractor
City means the City of Chandler,Arizona
Contractor means the individual,partnership,orcorporation named in the Agreement
Days means calendar days
May,Should means something that is not mandatory but permissible
Shall,Will,Must means a mandatory requirement
SECTION II:CONTRACTOR'S SERVICES
Contractor must perform the services described in Exhibit A to the City's satisfaction within the terms and
conditions of this Agreement and within the care and skill that a person who provides similar services In
Chandler,Arizona exercises under similar conditions.All work or services furnished by Contractor under this
Agreement must be performed in a skilled and workmanlike manner. Unless authorized by the City In
writing, all fixtures, furnishings, and equipment furnished by Contractor as part of the work or services
under this Agreement must be new, or the latest model, and of the most suitable grade and quality for the
Intended purpose of the work or service.
Page 9 of 36
SECTION III:PERIOD OF SERVICE
Contractor must perform the services described in Exhibit A for the term of this Agreement.
The term of the Agreement is ONE year, and begins on January 1, 2020 and ends on December 31, 2020
unless sooner terminated in accordance with the provisions of this Agreement. The City and the Contractor
may mutually agree to extend the Agreement for up to FOUR additional terms of ONE year each, or
portions thereof.The City reserves the right,at its sole discretion,to extend the Agreement for up to 60 days
beyond the expiration of any extension term.
SECTION IV:PAYMENT OF COMPENSATION AND FEES
Unless amended in writing by the Parties, Contractor's compensation and fees as more fully described in
Exhibit B for performance of the services approved and accepted by the City under this Agreement must not
exceed$575,000. Contractor must submit requests for payment for services approved and accepted during
the previous billing period and must include, as applicable, detailed invoices and receipts, a narrative
description of the tasks accomplished during the billing period, a list of any deliverables submitted,and any
subcontractor's or supplier's actual requests for payment plus similar narrative and listing of their work.
Payment for those services negotiated as a lump sum will be made in accordance with the percentage of the
work completed during the preceding billing period. Services negotiated as a not-to-exceed fee will be paid
in accordance with the work completed on the service during the preceding month. All requests for
payment must be submitted to the City for review and approval.The City will make payment for approved
and accepted services within 30 days of the City's receipt of the request for payment. Contractor bears all
responsibility and liability for any and all tax obligations that result from Contractor's performance under
this Agreement.
SECTION V:GENERAL CONDITIONS
5.1 Records/Audit. Records of the Contractor's direct personnel payroll, reimbursable expenses pertaining
to this Agreement and records of accounts between the City and Contractor must be kept on the basis of
generally accepted accounting principles and must be made available to the City and its auditors for up to
three years following the City's final acceptance of the services under this Agreement. The City, its
authorized representative, or any federal agency, reserves the right to audit Contractor's records to verify
the accuracy and appropriateness of all cost and pricing data, including data used to negotiate this
Agreement and any amendments. The City reserves the right to decrease the total amount of Agreement
price or payments made under this Agreement or request reimbursement from the Contractor following
final contract payment on this Agreement if, upon audit of the Contractor's records, the audit discloses the
Contractor has provided false, misleading, or inaccurate cost and pricing data.The Contractor will include a
similar provision in all of its contracts with subcontractors providing services under the Agreement
Documents to ensure that the City, its authorized representative, or the appropriate federal agency, has
access to the subcontractors'records to verify the accuracy of all cost and pricing data.The City reserves the
right to decrease Contract price or payments made on this Agreement or request reimbursement from the
Contractor following final payment on this Agreement if the above provision is not included in subcontractor
agreements, and one or more subcontractors refuse to allow the City to audit their records to verify the
accuracy and appropriateness of all cost and pricing data. If,following an audit of this Agreement,the audit
discloses the Contractor has provided false, misleading, or inaccurate cost and pricing data, and the cost
discrepancies exceed 1% of the total Agreement billings,the Contractor will be liable for reimbursement of
the reasonable,actual cost of the audit.
5.2 Alteration in Character of Work.Whenever an alteration in the character of work results in a substantial
change in this Agreement, thereby materially increasing or decreasing the scope of services, cost of
performance, or Project schedule, the work will be performed as directed by the City. However, before any
modified work is started, a written amendment must be approved and executed by the City and the
Page 2 of 36
Contractor.Such amendment must not be effective until approved by the City.Additions to, modifications,
or deletions from this Agreement as provided herein may be made,and the compensation to be paid to the
Contractor may accordingly be adjusted by mutual agreement of the Parties. it is distinctly understood and
agreed that no claim for extra work done or materials furnished by the Contractor will be allowed by the
City except as provided herein, nor must the Contractor do any work or furnish any materials not covered
by this Agreement unless such work is first authorized in writing.Any such work or materials furnished by
the Contractor without prior written authorization will be at Contractor's own risk, cost, and expense, and
Contractor hereby agrees that without written authorization Contractor will make no claim for
compensation for such work or materials furnished.
5.3 Termination for Convenience..The City and the Contractor hereby agree to the full performance of
the covenants contained herein, except that the City reserves the right, at its discretion and without
cause,to terminate or abandon any service provided for In this Agreement, or abandon any portion of
the Project for which services have been performed by the Contractor. In the event the City abandons
or suspends the services, or any part of the services as provided in this Agreement, the City will notify
the Contractor in writing and immediately after receiving such notice,the Contractor must discontinue
advancing the work specified under this Agreement. Upon such termination, abandonment, or
suspension, the Contractor must deliver to the City all drawings, plans, specifications, special
provisions,estimates and other work entirely or partially completed,together with all unused materials
supplied by the City. The Contractor must appraise the work Contractor has completed and submit
Contractor's appraisal to the City for evaluation.The City may inspect the Contractor's work to appraise
the work completed. The Contractor will receive compensation in full for services performed to the
date of such termination.The fee shall be paid in accordance with Section IV of this Agreement, and as
mutually agreed upon by the Contractor and the City.If there Is no mutual agreement on payment,the
final determination will be made in accordance with the Disputes provision in this Agreement.
However, In no event may the payment exceed the payment set forth in this Agreement nor as
amended in accordance with Alteration In Character of Work. The City will make the final payment
within 60 days after the Contractor has delivered the last of the partially completed Items and the
Parties agree on the final payment. If the City is found to have improperly terminated the Agreement
for cause or default,the termination will be converted to a termination for convenience in accordance
with the provisions of this Agreement.
5.4 Termination for Cause. The City may terminate this Agreement for Cause upon the occurrence of any
one or more of the following events: in the event that (a)the Contractor falls to perform pursuant to the
terms of this Agreement,(b)the Contractor is adjudged a bankrupt or insolvent,(c)the Contractor makes a
general assignment for the benefit of creditors, (d) a trustee or receiver Is appointed for Contractor or for
any of Contractor's property(e)the Contractor files a petition to take advantage of any debtor's act, or to
reorganize under the bankruptcy or similar laws, (f) the Contractor disregards laws, ordinances, rules,
regulations or orders of any public body having jurisdiction,or(g)the Contractor falls to cure default within
the time requested. Where Agreement has been so terminated by City, the termination will not affect any
rights of City against Contractor then existing or which may thereafter accrue.
5.5 Indemnification.The Contractor(Indemnitor) must Indemnify, defend, save and hold harmless the
City and its officers, officials, agents and employees (Indemnitee) from any and all claims, actions,
liabilities, damages, losses or expenses (Including court costs, attorneys' fees and costs of claim
processing, investigation and litigation)(Claims)caused or alleged to be caused, in whole or in part, by
the wrongful, negligent or willful acts, or errors or omissions of the Contractor or any of Its owners,
officers, directors, agents, employees, or subcontractors In connection with this Agreement. This
Indemnity Includes any claim or amount arising out of or recovered under workers' compensation law
or on account of the failure of the Contractor to conform to any federal, state or local law, statute,
ordinance, rule, regulation or court decree. The Contractor must indemnify indemnitee from and
against any and all Claims, except those arising solely from Indemnitee's own negligent or willful acts
or omissions.The Contractor is responsible for primary loss Investigation, defense and judgment costs
where this indemnification applies. In consideration of the award of this Agreement, the Contractor
Page 3 of 36
agrees to waive all rights of subrogation against Indemnitee for losses arising from or related to this
Agreement. The obligations of the Contractor under this provision survive the termination or
expiration of this Agreement.
5.6 Insurance Requirements,Contractor must procure insurance under the terms and conditions and
for the amounts of coverage set forth In Exhibit C against claims that may arise from or relate to
performance of the work under this Agreement by Contractor and its agents, representatives,
employees, and subcontractors. Contractor and any subcontractors must maintain this insurance until
all of their obligations have been discharged, Including any warranty periods under this Agreement.
These insurance requirements are minimum requirements for this Agreement and In no way limit the
Indemnity covenants contained In this Agreement.The City in no way warrants that the minimum limits
stated in Exhibit C are sufficient to protect the Contractor from liabilities that might arise out of the
performance of the work under this Agreement by the Contractor, the Contractor's agents,
representatives, employees, or subcontractors. Contractor Is free to purchase such additional
insurance as may be determined necessary.
5.7 ooperation and Further f�ocumentation.The Contractor agrees to provide the City such other duly
executed documents as may be reasonably requested by the City to implement the intent of this
Agreement.
5.8 Notices. Unless otherwise provided, notice under this Agreement must be in writing and will be
deemed to have been duly given and received either(a)on the date of service if personally served on
the party to whom notice is to be given, or(b)on the date notice is sent if by electronic mail, or(c)on
the third day after the date of the postmark of deposit by first class United States mall, registered or
certified, postage prepaid and properly addressed as follows:
For the City For the Contractor
Name: Allan Zimmerman Name: Alan Evans
Title: Streets Project Manager Title: President
Address:_975 E.Armstrong Way Address: 1327 W.San Pedro St
Chandler.AZ 85225 Gilbert,AZ 85233
Phone: 480-7$2-3505 Phone: 480-633-8500
Email: alian.zlmmerman@chandleraz.gov Email: a.evans@mrtanner.com
5.9 Successors and Assigns. City and Contractor each bind itself, Its partners, successors, assigns, and
legal representatives to the other party to this Agreement and to the partners,successors, assigns, and
legal representatives of such other party In respect to all covenants of this Agreement. Neither the City
nor the Contractor may assign, sublet, or transfer Its interest in this Agreement without the written
consent of the other party. In no event may any contractual relation be created between any third
party and the City.
5.10 Disputes, In any dispute arising out of an interpretation of this Agreement or the duties required
not disposed of by agreement between the Contractor and the City, the final determination at the
administrative level will be made by the City Purchasing and Materials Manager.
5.11 Completeness and Accuracy of Contractofii6LcaL The Contractor must be responsible for the
completeness and accuracy of Contractor's services, data, and other work prepared or compiled under
Contractor's obligation under this Agreement and must correct, at Contractor's expense, all willful or
negligent errors, omissions, or acts that may be discovered. The fact that the City has accepted or
approved the Contractor's work will in no way relieve the Contractor of any of Contractor's
responsibilities.
Page 4 of 36
5.12 Withholding Payment. The City reserves the right to withhold funds from the Contractor's
payments up to the amount equal to the claims the City may have against the Contractor until such
time that a settlement on those claims has been reached.
5.13 City's Right of Cancellation.The Parties acknowledge that this Agreement is subject to cancellation
by the City under the provisions of Section 38-511,Arizona Revised Statutes(A.R.S.).
5.14 independent Contractor. For this Agreement the Contractor constitutes an independent
contractor. Any provisions In this Agreement that may appear to give the City the right to direct the
Contractor as to the details of accomplishing the work or to exercise a measure of control over the
work means that the Contractor must follow the wishes of the City as to the results of the work only.
These results must comply with all applicable laws and ordinances.
5.15 Project Staffing. Prior to the start of any work under this Agreement, the Contractor must assign
to the City the key personnel that will be involved in performing services prescribed In the Agreement.
The City may acknowledge its acceptance of such personnel to perform services under this Agreement.
At any time hereafter that the Contractor desires to change key personnel while performing under the
Agreement, the Contractor must submit the qualifications of the new personnel to the City for prior
approval. The Contractor will maintain an adequate and competent staff of qualified persons, as may
be determined by the City, throughout the performance of this Agreement to ensure acceptable and
timely completion of the Scope of Services. If the City objects, with reasonable cause, to any of the
Contractor's staff, the Contractor must take prompt corrective action acceptable to the City and, if
required, remove such personnel from the Project and replace with new personnel agreed to by the
City.
5.16 Subcontractors. Prior to beginning the work,the Contractor must furnish the City for approval the
names of subcontractors to be used under this Agreement.Any subsequent changes are subject to the
Citys written prior approval.
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act required
under this Agreement by reason of acts of God or other cause beyond the control and without fault of
the Party(financial Inability excepted), performance of that act may be excused, but only for the period
of the delay, if the Party provides written notice to the other Party within ten days of such act.The time
for performance of the act may be extended for a period equivalent to the period of delay from the
date written notice is received by the other Party.
5.18 Compliance with Federal Laws. Contractor understands and acknowledges the applicability of the
Americans with Disabilities Act, the immigration Reform and Control Act of 1986 and the Drug Free
Workplace Act of 1989 to it. The Contractor agrees to comply with these laws in performing this
Agreement and to permit the City to verify such compliance.
5.19 No Israel Boycott. By entering into this Agreement, Contractor certifies that Contractor is not
currently engaged In,and agrees for the duration of the Agreement,not to engage In a boycott of Israel
as defined by state statute,
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits the City from awarding a contract to any
contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore,
Contractor agrees Contractor and each subcontractor It uses warrants their compliance with all federal
immigration laws and regulations that relate to their employees and their compliance with§ 23-214,
subsection A. A breach of this warranty will be deemed a material breach of the Agreement and may
be subject to penalties up to and including termination of the Agreement. City retains the legal right to
inspect the papers of any Contractor's or subcontractor's employee who provides services under this
Page 5 of 36
Agreement to ensure that the Contractor and subcontractors comply with the warranty under this
provision.
5.21 J.awful Presence Requirement.A.RS. §§ 1-501 and 1-502 prohibit the City from awarding a contract
to any natural person who cannot establish that such person is lawfully present in the United States.
To establish lawful presence, a person must produce qualifying identification and sign a City-provided
affidavit affirming that the identification provided is genuine.This requirement will be imposed at the
time of contract award. This requirement does not apply to business organizations such as
corporations,partnerships,or limited liability companies.
5.22 Covenant Against Contingent Fees. Contractor warrants that no person has been employed or
retained to solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage,or contingent fee, and that no member of the Chandler City Council,or any City
employee has any interest,financially, or otherwise, in Contractor's firm. For breach or violation of this
warrant, the City may annul this Agreement without liability or, at its discretion, to deduct from the
Agreement price or consideration, the full amount of such commission, percentage, brokerage, or
contingent fee.
5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Agreement or to require performance of the other Party of any of the provisions hereof must not be
construed to be a waiver of such provisions, nor must It affect the validity of this Agreement or any
part thereof,or the right of either Party to thereafter enforce each and every provision.
5.24 Disciosire of information Adverse to the City's interests,To evaluate and avoid potential conflicts
of interest, the Contractor must provide written notice to the City, as set forth in this Section, of any
work or services performed by the Contractor for third parties that may involve or be associated with
any real property or personal property owned or leased by the City. Such notice must be given seven
business days prior to commencement of the services by the Contractor for a third party, or seven
business days prior to an adverse action as defined below.Written notice and disclosure must be sent
to the City's Purchasing and Materials Manager.An adverse action under this Agreement includes, but
is not limited to: (a) using data as defined in the Agreement acquired In connection with this
Agreement to assist a third party In pursuing administrative or judicial action against the City; or (b)
testifying or providing evidence on behalf of any person in connection with an administrative or judicial
action against the City; or (c) using data to produce Income for the Contractor or its employees
Independently of performing the services under this Agreement, without the prior written consent of
the City. Contractor represents that except for those persons, entitles, and projects identified to the
City, the services performed by the Contractor under this Agreement are not expected to create an
interest with any person, entity, or third party project that is or may be adverse to the City's Interests.
Contractor's failure to provide a written notice and disclosure of the information as set forth in this
Section constitute a material breach of this Agreement.
5.25 Data Confidentiality and Data Security. As used In the Agreement, data means all information,
whether written or verbal, including plans, photographs, studies, investigations, audits, analyses,
samples, reports, calculations, internal memos, meeting minutes, data field notes, work product,
proposals, correspondence and any other similar documents or information prepared by, obtained by,
or transmitted to the Contractor or Its subcontractors in the performance of this Agreement. The
Parties agree that all data, regardless of form, including originals, images, and reproductions, prepared
by, obtained by, or transmitted to the Contractor or its subcontractors in connection with the
Contractor's or its subcontractor's performance of this Agreement is confidential and proprietary
information belonging to the City. Except as specifically provided in this Agreement, Contractor or Its
subcontractors must not divulge data to any third party without the City's prior written consent.
Contractor or its subcontractors must not use the data for any purposes except to perform the
services required under this Agreement. These prohibitions do not apply to the following data
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provided to the Contractor or its subcontractors have first given the required notice to the City:(a)data
which was known to the Contractor or its subcontractors prior to its performance under this
Agreement unless such data was acquired in connection with work performed for the City; or(b)data
which was acquired by the Contractor or its subcontractors In its performance under this Agreement
and which was disclosed to the Contractor or its subcontractors by a third party,who to the best of the
Contractor's or its subcontractors knowledge and belief, had the legal right to make such disclosure
and the Contractor or its subcontractors are not otherwise required to hold such data in confidence;or
(c) data which Is required to be disclosed by virtue of law, regulation, or court order, to which the
Contractor or its subcontractors are subject. in the event the Contractor or its subcontractors are
required or requested to disclose data to a third party, or any other Information to which the
Contractor or its subcontractors became privy as a result of any other contract with the City, the
Contractor must first notify the City as set forth in this Section of the request or demand for the data.
The Contractor or its subcontractors must give the City sufficient facts so that the City can be given an
opportunity to first give Its consent or take such action that the City may deem appropriate to protect
such data or other information from disclosure. Unless prohibited by law, within ten calendar days
after completion of services for a third party on real or personal property owned or leased by the City,
the Contractor or its subcontractors must promptly deliver, as set forth in this Section, a copy of all
data to the City. All data must continue to be subject to the confidentiality agreements of this
Agreement. Contractor or its subcontractors assume all liability to maintain the confidentiality of the
data in Its possession and agrees to compensate the City if any of the provisions of this Section are
violated by the Contractor, its employees, agents or subcontractors.Solely for the purposes of seeking
injunctive relief, it is agreed that a breach of this Section must be deemed to cause Irreparable harm
that justifies Injunctive relief in court. Contractor agrees that the requirements of this Section must be
incorporated into all subcontracts entered into by Contractor.A violation of this Section may result in
immediate termination of this Agreement without notice.
5.26 Personal Identifying Information-Data Security. Personal identifying information,financial account
information, or restricted City information, whether electronic format or hard copy, must be secured
and protected at all times by Contractor and any of Its subcontractors.At a minimum, Contractor must
encrypt or password-protect electronic files. This Includes data saved to laptop computers,
computerized devices, or removable storage devices. When personal identifying information, financial •
account information,or restricted City information, regardless of its format, is no longer necessary,the
information must be redacted or destroyed through appropriate and secure methods that ensure the
information cannot be viewed,accessed, or reconstructed. In the event that data collected or obtained
by Contractor or its subcontractors in connection with this Agreement Is believed to have been
compromised, Contractor or its subcontractors must immediately notify the City contact. Contractor
agrees to reimburse the City for any costs incurred by the City to investigate potential breaches of this
data and, where applicable, the cost of notifying individuals who may be impacted by the breach.
Contractor agrees that the requirements of this Section must be Incorporated into all subcontracts
entered Into by Contractor.It is further agreed that a violation of this Section must be deemed to cause
irreparable harm that justifies injunctive relief in court. A violation of this Section may result in
immediate termination of this Agreement without notice. The obligations of Contractor or its
subcontractors under this Section must survive the termination of this Agreement.
5.27 jurisdiction and Venue.This Agreement is made under, and must be construed In accordance with
and governed by the laws of the State of Arizona without regard to the conflicts or choice of law
provisions thereof.Any action to enforce any provision of this Agreement or to obtain any remedy with
respect hereto must be brought in the courts located In Maricopa County, Arizona, and for this
purpose, each Party hereby expressly and Irrevocably consents to the jurisdiction and venue of such
court.
5.28 Survival.All warranties, representations, and indemnifications by the Contractor must survive the
completion or termination of this Agreement.
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5.29 Modification. Except as expressly provided herein to the contrary, no supplement, modification,or
amendment of any term of this Agreement will be deemed binding or effective unless in writing and
signed by the Parties.
5.30 Severability. If any provision of this Agreement or the application to any person or circumstance
may be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the
application will not be affected and will be enforceable to the fullest extent permitted by law.
5.31 integration, This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject matter is
merged and superseded.
5.32 Time is of the Essence,Time of each of the terms, covenants,and conditions of this Agreement is
hereby expressly made of the essence.
5.33 Date of Performance. if the date of performance of any obligation or the last day of any time
period provided for should fall on a Saturday, Sunday, or holiday for the City,the obligation will be due
and owing, and the time period will expire, on the first day after which is not a Saturday, Sunday or
legal City holiday. Except as may otherwise be set forth in this Agreement, any performance provided
for herein will be timely made If completed no later than 5:00 p.m. (Chandler time) on the day of
performance.
5.34 Delivery. All prices are F.O.B. Destination and include all delivery and unloading at the specified
destinations. The Contractor will retain title and control of all goods until they are delivered and
accepted by the City. All risk of transportation and all related charges will be the responsibility of the
Contractor. All claims for visible or concealed damage will be filed by the Contractor. The City will
notify the Contractor promptly of any damaged goods and will assist the Contractor in arranging for
inspection.
5.35 Third Party Beneficiary_. Nothing under this Agreement will be construed to give any rights or
benefits in the Agreement to anyone other than the City and the Contractor, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of City
and the Contractor and not for the benefit of any other party.
5.36 Conflict in Language. All work performed must conform to all applicable City of Chandler codes,
ordinances, and requirements as outlined In this Agreement. If there is a conflict In Interpretation
between provisions in this Agreement and those in the Exhibits, the provisions in this Agreement
prevail.
5.37 Docimment/information Release. Documents and materials released to the Contractor, which are
identified by the City as sensitive and confidential, are the City's property.The document/material must
be issued by and returned to the City upon completion of the services under this Agreement.
Contractor's secondary distribution, disclosure, copying, or duplication In any manner is prohibited
without the City's prior written approval.The document/material must be kept secure at all times.This
directive applies to all City documents,whether in photographic, printed, or electronic data format.
5.38 Exhibits. The following exhibits are made a part of this Agreement and are incorporated by
reference:
Exhibit A-Project Description/Scope of Services Exhibit F-Equipment List
Exhibit B-Compensation and Fees Exhibit G-Subcontractor List
Exhibit C-Insurance Requirements Exhibit H1-3- Bonds
Exhibit D-Special Conditions Exhibit 11-2-Construction Sign Detail
Exhibit E-Approved Product List
Page 8 of 36
5,39 Special Conditions. As part of the services Contractor provides under this Agreement, Contractor
agrees to comply with and fully perform the special terms and conditions set forth in Exhibit D,which Is
attached to and made a part of this Agreement.
5.40 Cooperative Use of Agreement. In addition to the City of Chandler and with approval of the
Contractor, this Agreement may be extended for use by other municipalities, school districts and
government agendes of the State. Any such usage by other entitles must be in accordance with the
ordinance,charter and/or procurement rules and regulations of the respective political entity.
If required to provide services on a school district property at least five times during a month, the
Contractor will submit a full set of fingerprints to the school of each person or employee who may
provide such service. The District will conduct a fingerprint check in accordance with A.R.S. 41-1750
and Public Law 92-544 of all Contractors, subcontractors or vendors and their employees for which
fingerprints are submitted to the District. Additionally, the Contractor will comply with the governing
body fingerprinting policies of each Individual school district/public entity. The Contractor, sub-
contractors, vendors and their employees will not provide services on school district properties until
authorized by the District.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City will not be responsible for any disputes arising out of transactions made by other agencies
who utilize this Agreement.
5.41 Non-Discrimination and Anti-Harassment Laws. Contractor must comply with all applicable City,
state,and federal non-discrimination and anti-harassment laws, rules,and regulations.
5.42 Licenses and Permits. Beginning with the Effective Date and for the full term of this Agreement,
Contractor must maintain all applicable City, state, and federal licenses and permits required to fully
perform Contractor's services under this Agreement.
5.43 Warranties. Contractor must furnish a one-year warranty on all work and services performed
under this Agreement. Contractor must furnish, or cause to be furnished, a two-year warranty on all
fixtures, furnishings, and equipment furnished by Contractor, subcontractors, or suppliers under this
Agreement. Any defects in design,workmanship, or materials that do not comply with this Agreement
must be corrected by Contractor(including, but not limited to, all parts and labor)at Contractor's sole
cost and expense. All written warranties and redlines for as-built conditions must be delivered to the
City on or before the City's final acceptance of Contractor's services under this Agreement.
5.44 Emergency Purchases. City reserves the rights to purchase from other sources those items,which
are required on an emergency basis and cannot be supplied Immediately by the Contractor.
5.45 No Exclusive Agreement•This agreement Is for the sole convenience of the City of Chandler.The
City reserves the right to obtain like goods or services from another source when necessary.
Page 9 of 36
5.46 J, ydget Approval Into Next Fiscal Year. This Agreement will commence on the Effective Date and
continue in full force and effect until it is terminated or expires In accordance with the provisions of this
Agreement. The Parties recognize that the continuation of this Agreement after the close of the City's fiscal
year,which ends on June 30 of each year, Is subject to the City Council's approval of a budget that Includes
an appropriation for this item as expenditure. The City does not represent that this budget item will be
actually adopted. This determination Is solely made by the City Council at the time Council adopts the
budget.
This Agreement shall be in full force and effect only when it has been approved and executed by the
duly authorized City officials.
FOR THE CIT FO E CO CTOR
By: 1.14' By:
Its: Mayor Its: FRESicel
APPR D A F
ooImmll irb%�/
CI Attorney `. "COR oC.1 /
S
ATTEST: _ _ ���^ /��•:m O .
/ ,,,,, ..axhast.), -F,: :
u6City Clerk
Page 10 of 36
CITY OF CHANDLER
NOTICE OF REQUEST FOR PROPOSAL PWO-745-4123
EXHIBIT A TO AGREEMENT
SCOPE OF SERVICES
GENERAL INFORMATION
Contractor shall provide Street Maintenance and Repair Services as specified herein. The Estimated total
value of the contract is estimated at $500,000 year one (1), with options to renew for up to four (4)
additional one-year periods.
GENERAL VENDOR QUALIFICATIONS
The Contractor shall be in compliance with all applicable Federal, State, Local, ANSI and OSHA laws, rules
and regulations and all other applicable regulations for the term of this contract.
The Contractor,without additional expense to the City, shall be responsible for obtaining and maintaining
any necessary licenses and permits required in connection with the completion of the required services
herein.
Contractor must hold a valid license issued by the State of Arizona Registrar of Contractors prior to
submission of a proposal/bid and must maintain same throughout the duration of the contract term and
any subsequent contract extensions. Failure to maintain said license may be grounds for default of the
contract and subsequent termination.
The Contractor may not subcontract any segment or services covered herein, without prior approval of
the Contract Administrator. All subcontractors used under the scope of this contract shall meet all
requirements, terms and conditions set forth herein. All subcontracted services shall be warranted by
and be the responsibility of the Contractor.
All products supplied by the Contractor shall meet all applicable Federal, State, Local, ANSI,and OSHA laws,
rules, and regulations pertaining to the products covered under the scope of this contract.
1. GENERAL REQUIREMENTS.
1. MUTCD. CONTRACTOR shall remove and replace asphalt materials, as well as dispose of old
asphalt and all debris at CONTRACTOR'S expense. CONTRACTOR shall be responsible for traffic
control as required by the CITY Barricade Manual and the Manual on Uniform Traffic Control
Devices (MUTCD). CONTRACTOR shall be responsible for traffic control on all incidental work
required to complete the task. CONTRACTOR shall include all labor, material, equipment needed
to perform the work to the highest industry standards.
Page 11 of 36
2. MAG. CONTRACTOR shall use the most current version of CITY/agency and/or Maricopa
Association of Governments(M.A.G.) standard details and specifications for inspection and quality
assurance for all work being done under this Agreement. CONTRACTOR shall be responsible for
ensuring that workmanship, materials, equipment, and site preparation meet or exceed the
required specifications. The Contract Administrator/designee will inspect all phases of work and
any unsatisfactory work or preparation shall be redone at no additional cost to the CITY. The CITY
reserves the right to adjust the amount of work required and number of locations Involved.
3. Permits, CONTRACTOR shall be responsible for obtaining all permits for the Streets Division. Any
other CITY departments utilizing this Agreement shall be responsible for overseeing their own
projects and providing their own permits, if required.
4. Blue Stake. CONTRACTOR shall be responsible for identifying and locating(Blue Stake)all existing
utilities affected by the work. CONTRACTOR shall be responsible for the repair of all damaged
utilities resulting from this work and will coordinate with utility companies and affected residents
and businesses for required outages.
5. Traffic Control / Construction Signage. CONTRACTOR shall adhere to all CITY, State and Federal
Traffic and Safety guidance, City of Chandler Traffic Barricades Design Manual#7, City of Chandler
Municipal code 46-2.7.E construction sign requirements and the Manual on Uniform Traffic
Control Devices (MUTCD). CONTRACTOR shall submit all traffic control plans for approval to the
City of Chandler Transportation and Development Department before any work may progress.
CONTRACTOR shall use the appropriate type and number of barricades to protect the public from
harm and the work site from damage. CONTRACTOR shall place appropriate warning signs, such
as "Sidewalk Close" signs and other signs as required by the MUTCD or the Contract
Administrator/Designee. Traffic control shall include uniformed Chandler Police Officer and squad
car as required. CONTRACTOR shall be paid the actual cost of hiring the uniformed Chandler
Police Officer(see Exhibit C). CONTRACTOR shall be responsible for ordering and coordination of
barricading and traffic control requirements. Set up shall be per the CITY/agency Traffic Barricade
manual and MUTCD. Barricading restrictions on arterial streets cannot be in place earlier than
8:30 a.m. or after 4:00 p.m. Scheduling of asphalt placement shall be coordinated to ensure that
material has cooled enough to avoid tracking or damage. Any areas that cannot be completed and
open to traffic by 4:00 PM must be steel plated, plates countersunk, in accordance with attached
standard MAG Detail 211, before open to traffic and shall be at no additional cost to CITY. Traffic
control shall be paid at the unit price listed, for each individual street segment, and for the length
of time needed to complete all the work in accordance with the Agreement.
6. Project Signs. Whenever any work is being done in CITY streets, easements or right of way for
which approval by CITY of a traffic control plan is required,the person or persons performing such
work shall maintain at the site of such work at all times during which any such work is being done,
signage meeting the requirements set forth below and providing information to the public as
follows(see Exhibit G):
I
Page 12 of 36
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a. Be Installed on temporary supports at an approved location;
b. Be placed In such positions that they can be read by traffic from each direction;
c. Be colored"construction orange"with black letters;
d. Have block letters at least 6"In height;
e. Contain the following Information: the name of CONTRACTOR for whom the work is being
performed; the name of the CONTRACTOR actually performing the work; a general
description of the work to be done; the time frame within which the work will be
performed, i.e.the date work will commence and the date all work will be completed; a 24-
hour contact phone number where persons may speak with a representative of the
CONTRACTOR for whom the work is being performed or may leave a request to speak with
such a representative and for which all calls will be returned by such a representative of
the CONTRACTOR within 24-hours.
7. ust Control. CONTRACTOR shall keep suitable equipment on hand at the job site for
maintaining dust control and shall employ appropriate equipment for that purpose in accordance
with the requirements of the "Maricopa County Health Department Air Pollution Control
Regulations" CONTRACTOR shall be responsible for obtaining an Air Quality Permit from Maricopa
County prior to starting the require work, especially if earth-moving operations are involved.
CONTRACTOR shall pay all permit fees.
8. Demo and Removal. CONTRACTOR shall remove excavated and demolished materials
immediately from work site at their cost. Steel plates shall be used (per MAG Standard Detail 211)
where excavated area cannot be backfilled or where concrete placement for valley gutters across
roadway surface or drive entrances are done in phases. Steel plates shall be gradually ramped
from plate edges with EPA approved material and the street or drive entrance opened
immediately to traffic. CONTRACTOR shall use barricades and"sidewalk closed"signs as required
9. Air Quail y. CONTRACTOR shall be responsible for obtaining an Air Quality Permit from Maricopa
County prior to starting the required work, especially if earth-moving operations are Involved.
CONTRACTOR shall pay all permit fees.
10.Water for Repair and Maintenance Purpose. Should CONTRACTOR desire to use water from
CITY mains, CONTRACTOR shall make application to the City Water Quality Department for a fire
hydrant meter and pay all the required deposits and costs. CONTRACTOR shall not take water
from CITY mains until a meter Is Installed.
11.Site Cleaning. All public and private property and grounds occupied by CONTRACTOR in
connection with the work shall be cleaned of all debris and excess materials(to include mud and
concrete residue in all affected gutter flow lines) after each workday; additionally, temporary
structures and equipment shall be removed at the end of the project. CONTRACTOR shall utilize a
PM-10 certified mechanical broom sweeper throughout the workday for cleanup. All parts of the
work shall be left in an acceptable condition before final acceptance.
Page 13 of 36
12.Notification of Public. CONTRACTOR shall notify all affected citizens and businesses by door
flyer 48 hours prior to start of work. Door flyer shall include, as a minimum, all pertinent
information such as description of work, date, time, schedules and CONTRACTOR name, and a 24-
hour contact phone number(s). The flyer information shall be submitted to the Contract
Administrator/Designee for approval prior to distribution.
13.Protection of adjacent property. CONTRACTOR shall take all necessary steps to protect
adjacent public or private properties during work. CONTRACTOR shall restore any damage to
adjacent property at CONTRACTOR expense and to the satisfaction of the Contract
Administrator/designee.
14. Work quantities and locations. The listed under this Agreement are subject to change and may
be done solely at the discretion of the CITY. The CITY will provide CONTRACTOR with a list of the
locations and approximate square yards of each location when required.
15.Work Schedule. CONTRACTOR shall submit to Contract Administrator/designee a written
proposed schedule of work for approval prior to commencing any work under this Agreement
16.Stop Work. The CITY reserves the right to stop work under this Agreement at any time if, in their
opinion:
a) weather conditions become adverse for doing patchwork;
b) quality of work is deemed unacceptable;
c) conflicts in CONTRACTOR equipment or personnel cause delays in getting work completed;
d) work schedules/locations conflict with other CITY activities;
e) material is deemed unacceptable by Contract Administrator/designee.
17. Estimated Quantities. There is no guarantee as to minimum quantities required by CITY. The
CITY reserves the right to increase or decrease the actual quantities used to complete the project.
Payment shall be based on actual quantities.
18.Payment Applications and Invoices. CONTRACTOR shall submit invoices for payment to
Contract Administrator/designee for approval upon completion of work. All work by
CONTRACTOR will be inspected and approved by Contract Administrator/designee prior to
processing of any payments. Payment schedule is 30(thirty)calendar days or less upon approval.
19.CONTRACTOR shall provide asphalt patchwork, or where required, concrete repair and
maintenance to CITY. Patches will vary in sizes ranging from 6'x6'to as large as, but not limited to,
20'x200' at various locations throughout the CITY and shall be replaced "in kind"or as directed
by Contract Administrator/designee. All patches larger than 7'Wx40'L shall require the use of a
paving machine to insure the smoothest surface possible. The patchwork shall be of the highest
industry standard and must meet the grades or edges of the existing asphalt surface.
CONTRACTOR will not be required to perform the work unless the CITY has a total of
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approximately 50 square yards to be repaired. Ideally, CONTRACTOR should make every attempt
to complete, on the same day, any and all asphalt removal and replacement. Sub-grade
preparation after asphalt removal shall be in accordance with M.A.G.standards for this task.
20.CONTRACTOR shall supply asphalt material for this contract. The CITY shall approve the asphalt
supplier prior to CONTRACTOR commencing work. The asphalt mix design shall meet the East
Valley Asphalt Committee (EVAC) mix design criteria. On arterial streets, rubberized asphalt mix
shall be used or as directed by Contract Administrator/designee.
l
21.Placement and compaction of patch material shall be accomplished in two(2) equal lifts to ensure
proper density. The finished surface of the patch shall be flush with the adjoining pavement on all
edges. Any newly installed patch that is not acceptable to the Contract Administrator/designee
shall be removed and replaced to meet acceptable standards. Any additional cost incurred for re-
work will be the responsibility of the Contractor. Compaction shall be accomplished using a self-
propelled double drum vibratory asphalt roller, with a minimum operating weight of three (3)
tons. Use of any other compaction equipment will not be allowed unless approved by the
Contract Administrator/designee.
22.Asphalt milling depths will be determined by Contract Administrator/designee per Exhibit C. Areas
milled must have vertical edges on all sides of the patch.
23.Asphalt patching done on arterial roads shall be a minimum of 5" thick or equal to the existing
thickness of asphalt whichever is greater. On collector streets,the patches must be a minimum of
3"or equal to the existing thickness of the asphalt surface,whichever is greater.
24.The CITY shall mark all locations for patching or milling. Prior to commencing work, the Contract
Administrator/designee and CONTRACTOR shall measure the areas and agree upon the square
yards required.
25.If working at signals, CONTRACTOR shall notify the CITY Traffic Division and Contract
Administrator/designee 48-hours prior to commencing work to ensure that the loops can be re-
installed by CONTRACTOR.
26.At all signalized Intersections where patching is required, an off-duty uniformed police officer shall
be utilized. Traffic control plans shall be submitted to the Contract Administrator/designee for
approval prior to commencing work.
27.Pavement repairs shall be water tested at the discretion of Contract Administrator or Designee
before final acceptance. Any area not draining properly shall be corrected at CONTRACTOR'S
expense.
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28.The CITY reserves the right to conduct in-place density testing on newly placed asphalt patches.
CONTRACTOR shall be required to re-compact any patch that does not meet a minimum of 95%
maximum density compaction for Marshall mix and 93% maximum density compaction for RICE
mix design being used. If required compaction is no longer attainable due to material cooling
below a workable temperature, CONTRACTOR shall remove and replace the material. The CITY
shall be responsible only for the cost of the initial testing. CONTRACTOR shall be responsible for
any cost associated with re-testing areas requiring re-work. CONTRACTOR shall not be allowed to
re-heat asphalt patches with an open flame heater. Any asphalt patch reheated with open flames
shall be removed and replaced by the CONTRACTOR at no additional cost to CITY.
29.CONTRACTOR shall seal all pavement cut joints with Crafco Polyflex Type III crack sealant (or
approved equal) two (2) days after patchwork completion or as directed by Contract
Administrator/designee.
30.Survey Monuments shall be adjusted according to MAG Standard Detail 120-1 and 120-2 as
applicable. Survey monuments will be re-established by reference by a Registered Land Surveyor
(RLS). The RLS shall reset the survey monuments.
31.All manholes shall be protected from debris falling into them. If any material enters the manhole
from this work, It shall be the responsibility of the CONTRACTOR to clean out the manhole to the
satisfaction of the utility company. CONTRACTOR shall be required to use (Manhole Debris
Shields) in the process of working in manholes. Debris Shields shall be fabricated of plastic or
wood and made of two half circles hinged in the middle to form one unit. The hinge shall allow
the unit to fold in half to fit thru an open manhole. The unit is then unfolded and placed on the
bottom of the manhole about the invert preventing debris from falling into the invert and sewer
line. The actual diameter of the unit shall depend on the width of the manhole shaft.
32.The City of Chandler is mandated to provide accessibility improvements to curb ramps and
driveways whenever a pavement resurfacing is done. To accomplish this requirement,
CONTRACTOR shall repair and/or retrofit existing curb ramps and driveways to the best extent
possible to meet current Americans with Disabilities Act (ADA) standards or as directed by
Contract Administrator/Designee. Each retrofit is a unique"field fit"and as such,the CONTRACTOR
shall coordinate with the Contract Administrator/Designee in determining work limits and scope
for each area. In most instances, directional dual curb ramps shall be Installed at each corner of
intersections and shall be constructed as a combination of two(2) MAG standard detail ramps.
33.CONTRACTOR shall ensure that concrete conforms to the applicable requirements of MAG
specification section 725 and applicable Maricopa Association of Governments (MAG) or City of
Chandler (COC) standard detail. Concrete repair and maintenance shall comply with MAG
specification section 340 as applicable. CONTRACTOR shall conduct a flow test on aprons, valley
gutters and curb & gutters by supplying water from a tank truck or other source. Any ponding
greater than Y2 inch one hour after the water is shut off shall be corrected at CONTRACTOR'S
Page 16 of 36
expense. Asphalt cut-and-patch for concrete forms shall be replaced flushed with existing
pavement edges. Asphalt concrete shall be placed in accordance with the requirements in MAG
standard specifications section 321 and 336.
34.Detectable warning shall consist of truncated domes as determined in MAG specification section
340. All truncated dome tiles shall be approved by the Contract Administrator/Designee prior to
installation. (See attached Exhibit D - Approved Products List). Note: composite tiles are not a
suitable substitute for the"hard"tiles listed in Exhibit D and will not be used on this contract.
35.The CONTRACTOR shall upon request obliterate all striping such as crosswalks, stop bars, lane
lines, edge lines and center lines which do not line up or match retrofitted curb ramps. The
CONTRACTOR shall re-stripe these obliterated areas as directed by Contract
Administrator/Designee. No striping shall begin until approved by Contract
Administrator/Designee.
36.The CONTRACTOR shall seal coat obliterated striping as directed by Contract
Administrator/Designee with a Brewer Coat and silica sand mixture of one (1)gallon Brewer Coat
to two(2) pound silica sand (or approved equal).
DEFINITIONS:
1. Asphalt removal and replacement: per inch of depth /per sq.yd.total.
All price items to include disposal of surplus materials by CONTRACTOR.
All price items to include new materials placed, graded and compacted to standard MAG
specifications.
2. Sub-base and sub-grade removal and replacement: per cu.yd.
Any surplus materials to be disposed of by CONTRACTOR.
All materials to be placed, compacted and graded to finish grade as per standard MAG
specifications.All price items to include replacement of approved materials.
3. New asphalt(A/C)only: per 1"of depth /per sq.yd.
New material to be placed and compacted to standard MAG specifications.
4. New aggregate base course (ABC): per ton
New material to be placed,graded and compacted to standard MAG specifications.
5. Earth work and sub-grade preparation only:per cu.yd.
All surplus material to be disposed of by CONTRACTOR.
Sub-grade to be placed,compacted and graded to finished grade.
Page17of36
I
V
21 Adjust Existing manhole frame and covers per MAG
Detail 420-1 or 420-2 or 422 1 EA $510.00
22 Pre-lower valves, survey monuments,and sanitary
sewer cleanouts 1 EA $290.00
Adjust frame and covers for valves, survey
23 monuments,and sanitary sewer cleanouts per EA
MAG Detail 270 1 $430.00
Concrete and ADA
Concrete Saw cut, Remove and Dispose of all
24 concrete and asphalt from curb ramps,driveways, SF
•
alley entrances,sidewalks,and valley gutters or
concrete aprons. 1 $36.00
25 Concrete Saw cut, Remove and Dispose of concrete
curb and gutter or median curb 1 LF $38.00
26 Sidewalk per MAG Detail 230 1 SF $40.00
27 Curb&Gutter, Median Curb per MAG Detail 220-1
or 220-2 or221 or 222 or 223 1 LF $43.00
28 Asphalt Patch Back,2 feet wide minimum 1 i SF $30.00
29 ADA Truncated Domes per MAG Detail 234 1 SF $53.00 I
30 Curb Ramp per MAG Details(236-1 or 236-2 or 236-
3 or 236-4)Single 1 EA $1,260.00
31 Curb Ramp per MAG Details(236-1 or 236-2 or 236-
3 or 236-4)Dual 1 EA .r $1,470.00
32 Curb Ramp per MAG Details(237-1 or 237-2 or 236-
3)Single 1 EA $1,270.00
33 Curb Ramp per MAG Details(237-1 or 237-2 or 236-
3)Dual 1 - EA $1,480.00
34 Curb Ramp per MAG Detail 236-5(modified single)
(blended transition) 1 EA $1,100.00
35 Curb Ramp per MAG Details(238-1 or 238-2 or
238-3) 1 EA $1,300.00
36 Valley Gutters per MAG Detail 240 1 SF $38.00
37 Concrete Apron per MAG Detail 240 1 SF $38.00
38 Driveway or Alley Entrance per MAG Detail 260 1 SF $36.00
39 Commercial Driveway per MAG Detail 250-1, 6"
Thick 1 SF $40.00
Striping and Markings and Loops .
40 Standard COC signal Loop,65(50' 1 EA $1,000.00
41 Obliterate Striping,4"equivalent 1 LF $4.00
42 Seal Obliterated Striping,4"equivalent 1 LF $4.00
Page 19 of 36
4
EXHIBIT B TO AGREEMENT
COMPENSATION AND FEES
The City makes no guarantee of quantities. For bid bond purposes, estimated value of the
contract is$500,000. Prices shall be tax inclusive.
Unit
`* Qty Unit Price
-ASpha1t Patch Removals and Replace
1 Asphalt Saw cut and match existing, up to 2" Deep 1 LF $4.00
2 Asphalt Saw cut and match existing,2"to 3" Deep 1 LF $4.00
3 Asphalt Saw cut and match existing, 3"to 4" Deep 1 LF $4.00
Asphalt Saw cut and match existing,4" and above
4 Deep 1 LF $4.00
Remove and Replace EVAC Asphalt, 2"-4" Deep,(1
5 -50 SY) 1 SY $60.00
Remove and Replace EVAC Asphalt, 2"-4" Deep,
6 (50- 100 SY) 1 SY $60.00
Remove and Replace EVAC Asphalt, 2"-4" Deep,
7 (100+SY) 1 SY $60.00
Remove and Replace EVAC Asphalt, 4"-8" Deep, (1
8 -SO SY) 1 SY $65.00
Remove and Replace EVAC Asphalt, 4"- 8" Deep,
9 (50- 100 SY) 1 SY $65.00
Remove and Replace EVAC Asphalt, 4"- 8" Deep,
10 (100+SY) 1 SY $65.00
Remove and Replace Rubberized Asphalt, up to 4"
11 Deep(1-100 SY) 1 SY $50.00
Remove and Replace Rubberized Asphalt,4" and
12 above Deep(1-100 SY) 1 SY $50.00
13 Crack Seal 1 LF $4.00
14 2"Asphalt Cap 1 SY $30.00
15 Asphalt Milling Up to 1.5"to 2" Deep 1 SY $15.00
16 Asphalt Pave 2" (12.5MM EVAC AC Mix) 1 SY $30.00
17 Speed Humps 1 EA $1,000.00
Sub-base and/or subgrade removal and
18 replacement 1 CY $15.00
Aggregate Base Course(ABC) placed and
19 compacted 1 TON $30.00
• Utility! on ume it Adjustments
20 Pre-lower manhole frame and covers 1 EA $290.00
Page 18 of 36
43 4"Yellow Paint Striping 1 , LF $3.00
44 4"White Paint Striping 1 LF $3.00
45 6"White Paint Striping 1 LF $3.00
46 8"White Paint Temporary Turn Lane 1 LF $3.00
47 8"White Paint Thermoplastic Turn Lane 1 LF $3.00
48 12"White Paint Temporary Crosswalks 1 LF $3.00
49 12"White Paint Thermoplastic Crosswalks 1 LF $3.00
50 18"White Paint Temporary Stop Bars 1 LF $3.00
51 18"White Paint Thermoplastic Stop Bars 1 LF $3.00
52 24"White Paint Thermoplastic Rail Road Stop Bars 1 LF $3.00
53 Rail Road Symbols Per MUTCD Standard (Actual 1
Count) SET $160.00
S4 School Crosswalk, 24"x10`Yellow High Visibility 1 SET
Crosswalk Rectangles $160.00
55 School Roll Out Yellow Dots, 24"Diameter 1 EA $35.00
56 Temporary Turn Arrows, Paint 1 EA $52.00
57 Turn Arrows,Thermoplastic ' 1 EA $110.00
58 Blke Lane Symbols 1 EA $63.00
59 _ White Raised Pavement Markers, RPMS 1 EA $4.00
60 Yellow Raised Pavement Markers, RPMS 1 EA $4.00
61 Blue Fire Hydrant Reflectors 1 EA $11.00
62 Temporary Chip Seal Pavement Markers,Yellow 1 EA $3.00
63 Temporary Chip Seal Pavement Markers,White 1 EA $3.00
Miscellaneous _
64 General Survey 1 HR $150.00
Traffic Control::: :4
Traffic Control Arterial Roadway Sections
65 (Contractor to be paid as invoiced per one 1 Day
24 hour day) $87,500.00
Traffic Control Residential and Collector
66 Roadway Sections(Contractor to be paid 1 Day
as invoiced per one 24 hour day) $30,000.00
City of Chandler Uniformed Police Officer.
i 67 (Contractor to be paid as invoiced the 1 AL
L. actual cost of hiring police officer per day) $75,000.00
Page 20 of 36
EXHIBIT C
INSURANCE
General,
A. At the same time as execution of this Agreement, the Contractor shall furnish the City a
certificate of insurance on a standard insurance industry ACORD form. The ACORD form
must be issued by an insurance company authorized to transact business In the State of
Arizona possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to
do business in the State of Arizona with policies and forms satisfactory to City. Provided,
however, the A.M. Best rating requirement shall not be deemed to apply to required
Workers'Compensation coverage.
B. The Contractor and any of its subcontractors shall procure and maintain, until all of their
obligations have been discharged, including any warranty periods under this Agreement
are satisfied,the insurances set forth below.
C. The insurance requirements set forth below are minimum requirements for this
Agreement and in no way limit the indemnity covenants contained in this Agreement.
D. The City in no way warrants that the minimum insurance limits contained in this
Agreement are sufficient to protect Contractor from liabilities that might arise out of the
performance of the Agreement services under this Agreement by Contractor, its agents,
representatives, employees, subcontractors, and the Contractor is free to purchase any
additional insurance as may be determined necessary.
E. Failure to demand evidence of full compliance with the insurance requirements in this
Agreement or failure to identify any insurance deficiency will not relieve the Contractor
from, nor will it be considered a waiver of its obligation to maintain the required insurance
at all times during the performance of this Agreement.
F. Use of Subcontractors: If any work is subcontracted in any way, the Contractor shall
execute a written contract with Subcontractor containing the same Indemnification Clause
and Insurance Requirements as the City requires of the Contractor in this Agreement. The
Contractor is responsible for executing the Agreement with the Subcontractor and
obtaining Certificates of Insurance and verifying the insurance requirements.
Minimum Scope and Limits of Insurance. The Contractor shall provide coverage with limits of liability not
less than those stated below.
A. Commercial General Liability-Occurrence Form. Contractor must maintain "occurrence" form
Page 21 of 36
Commercial General Liability insurance with a limit of not less than $2,000,000 for each
occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products
and completed operations, independent contractors, personal injury and advertising injury.
If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess
insurance must be "follow form" equal or broader in coverage scope than underlying
insurance.
B. Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles
Vehicle Liability: Contractor must maintain Business/Automobile Liability insurance with a
limit of $1,000,000 each accident on Contractor owned, hired, and non-owned vehicles
assigned to or used in the performance of the Contractor's work or services under this
Agreement. If any Excess or Umbrella insurance is utilized to fulfill the requirements of this
paragraph, the Excess or Umbrella insurance must be "follow form" equal or broader in
coverage scope than underlying insurance.
C. Workers Compensation and Employers Liability Insurance: Contractor must maintain Workers
Compensation insurance to cover obligations imposed by federal and state statutes having
jurisdiction of Contractor employees engaged in the performance of work or services
under this Agreement and must also maintain Employers' Liability insurance of not less
than $1,000,000 for each accident and $1,000,000 disease for each employee.
D. Builders'Risk/installation Floater insurance. The Contractor bears all responsibility for loss to
all equipment or Work under construction. Unless waived in writing by the City the
Contractor will purchase and maintain in force Builders' Risk/Installation Floater insurance
on the entire Work until completed and accepted by the City. This insurance will be Special
Causes of Loss polity form, (minimally including perils of fire, flood, lightning, explosion,
windstorm and hail, smoke, aircraft and vehicles, riot and civil commotion,theft,vandalism,
malicious mischief, and collapse), completed value, replacement cost policy form equal to
the contract price and all subsequent modifications. The Contractor's Builders'
Risk/Installation Floater insurance must be primary and not contributory.
1. Builders' Risk/Installation Floater insurance must cover the entire Work including
reasonable compensation for architects and Contractors' services and expenses and
other"soft costs" made necessary by an Insured foss. Builders' Risk/Installation Floater
insurance must provide coverage from the time any covered property comes under the
Contractor's control and or responsibility, and continue without interruption during
course of construction, renovation and or installation, including any time during which
any project property or equipment is in transit, off site,or while on site for future use or
installation. Insured property must include, but not be limited to, scaffolding, false
work, and temporary buildings at the site. This insurance must also cover the cost of
removing debris, including demolition as may be legally required by operation of any
law, ordinance, regulation or code.
2. The Contractor must also purchase and maintain Boiler and Machinery insurance with
Page 22 of 36
the same requirements as Builders' Risk/Installation Floater insurance cited above if the
Work to be performed involves any exposures or Insurable property normally covered
under a Boiler and Machinery insurance policy or made necessary as required by law or
testing requirements in the performance of this Contract/Agreement. The Contractor
will be responsible for any and all deductibles under these policies and the Contractor
waives all rights of recovery and subrogation against the City under the Contractor's
Builders'Risk/Installation Floater insurance described herein.
3. Builders' Risk/Installation Floater Insurance must be maintained until whichever of the
following first occurs: (i) final payment has been made; or, (ii) until no person or entity,
other than the City, has an insurable interest in the property required to be covered.
a. The Builders' Risk/Installation Floater insurance must be endorsed so that the
insurance will not be canceled or lapse because of any partial use or occupancy by
the City.
b. The Builders Risk/Installation Floater insurance must include as named insureds,the
City, the Contractor, and all tiers of subcontractors and others with an insurable
interest In the Work who will be named as additional insureds unless they are able
to provide the same level of coverage with the City and Contractor named as
additional insureds. Certificates must contain a provision that the insurance will not
be canceled or materially altered without at least 30 days advance notice to the City.
The City must also be named as a Loss Payee under the Builders' Risk/Installation
Floater coverage.
c. The Builders Risk/Installation Floater insurance must be written using the Special
Causes of Loss policy form, replacement cost basis.
d. All rights of subrogation under the Builders Risk/Installation Floater insurance are,
by this Contract/Agreement,waived against the City, its officers, officials, agents and
employees.
e. The Contractor is responsible for payment of all deductibles under the Builders'
Risk/Installation Floater insurance policy.
Additional Policy Provisions Required.
A. Self Insured Retentions or Deductibles. Any self-insured retentions and deductibles must be
declared and approved by the City. If not approved, the City may require that the insurer
reduce or eliminate any deductible or self-insured retentions with respect to the City, its
officers, officials, agents, employees, and volunteers.
1. The Contractor's insurance must contain broad form contractual liability coverage.
2. The Contractor's Insurance coverage must be primary insurance with respect to the
City, its officers, officials, agents, and employees. Any insurance or self-insurance
maintained by the City, its officers, officials, agents, and employees shall be in excess of
the coverage provided by the Contractor and must not contribute to it.
Page 23 of 36
3. The Contractor's insurance must apply separately to each insured against whom claim
is made or suit is brought, except with respect to the limits of the insurer's liability.
4. Coverage provided by the Contractor must not be limited to the liability assumed under
the indemnification provisions of this Agreement.
5. The policies must contain a severability of interest clause and waiver of subrogation
against the City, its officers, officials, agents, and employees, for losses arising from
Work performed by the Contractor for the City.
to maintain Commercial
successors and or assigns, are required
its ,
6. The Contractor, g
General Liability insurance as specified in this Agreement for a minimum period of
three years following completion and acceptance of the Work. The Contractor must
submit a Certificate of Insurance evidencing Commercial General Liability insurance
during this three year period containing all the Agreement insurance requirements,
including naming the City of Chandler, its agents, representatives, officers, directors,
officials and employees as Additional Insured as required.
7. If a Certificate of Insurance is submitted as verification of coverage, the City will
reasonably rely upon the Certificate of Insurance as evidence of coverage but this
acceptance and reliance will not waive or alter In any way the insurance requirements
or obligations of this Agreement.
B. Insurance Cancellation During Term of Contract/Agreement.
1. If any of the required policies expire during the life of this Contract/Agreement, the
Contractor must forward renewal or replacement Certificates to the City within ten days
after the renewal date containing all the required insurance provisions.
2. Each insurance policy required by the insurance provisions of this Contract/Agreement
shall provide the required coverage and shall not be suspended, voided or canceled
except after 30 days prior written notice has been given to the City, except when
cancellation is for non-payment of premium, then ten days prior notice may be given.
Such notice shall be sent directly to Chandler Law-Risk Management Department, Post
Office Box 4008, Mailstop 628, Chandler, Arizona 85225. If any insurance company
refuses to provide the required notice, the Contractor or its insurance broker shall
notify the City of any cancellation, suspension, non-renewal of any insurance within
seven days of receipt of insurers'notification to that effect.
C. City as Additional Insured. The policies are to contain, or be endorsed to contain, the
following provisions:
Page 24 of 36
4
1. The Commercial General Liability and Automobile Liability policies are to contain, or be
endorsed to contain, the following provisions: The City, its officers, officials,agents, and
employees are additional insureds with respect to liability arising out of activities
performed by, or on behalf of, the Contractor including the City's general supervision of
the Contractor; Products and Completed operations of the Contractor; and automobiles
owned, leased, hired, or borrowed by the Contractor.
2. The City, its officers, officials, agents, and employees must be additional insureds to the
full limits of liability purchased by the Contractor even if those limits of liability are in
excess of those required by this Agreement.
Page 25 of 36
EXHIBIT D TO AGREEMENT
SPECIAL CONDITIONS
WORK IN CITY RIGHT-OF-WAY
Work within the City's Right-of-Way. All work performed within the City's Right-of-Way by the Contractor
and his/her subcontractors must comply with the City of Chandler requirements
Bid Bond. Each bid shall be accompanied by a certified check, cashier's check, or draft, for ten percent
(10%) of the total bid price, such check to be certified or issued by either a solvent State or National Bank
payable to the City as a guarantee that CONTRACTOR will enter into a contract with CITY in accordance
with the terms of the Specifications in case such bidder be awarded the contract.
In lieu of a certified check as a guarantee, a bond of ten percent(10%) of total bid price may be furnished by
the CONTRACTOR;such bond to be issued by a surety authorized to do business in Arizona. Such bond shall
be payable to CITY as guarantee that such CONTRACTOR will enter into a contract with CITY in accordance
with the terms of the specifications in case such bidder be awarded the contract.
The successful CONTRACTOR's security shall be retained until a contract has been signed and the required
performance bond has been signed and delivered to CITY. CITY reserves the right to retain the security of
the next most responsive bidder until a contract has been executed or until one hundred twenty(120) days
after opening,whichever is first. All other securities will be returned as soon as is practicable.
Performance and Payment Bonds.
At the time City Issues Notice of Contract Award, Contractor must provide a Performance Bond and a Payment
Bond,each In an amount equal to the full amount of the Contract Price.
Each such bond must be executed by a surety company or companies holding a Certificate of Authority to transact
surety business in the State of Arizona, issued by the Director of the Arizona Department of Insurance and must be
named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds
and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of
Accounts, U.S. Treasury Department. A copy of the Certificate of Authority must accompany the bonds. The
Certificate must have been issued or updated within two (2) years prior to the execution of this Agreement. The
bonds must be written or countersigned by an authorized representative of the surety who is either a resident of
the state of Arizona or whose principal office is maintained in this state,as by law required.
The bonds must be made payable and be acceptable to City. The bond forms for the performance and payment
bonds must be in the forms required under A.R.S. § 34-221, et. Seq., as in Appendices 4 and 5 of these General
Conditions.
Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of
obligations arising under the Contract Documents, Contractor must promptly furnish a copy of the bonds or must
permit a copy to be made.
All bonds submitted for this Project must be provided by a company which has been rated AM Best rating of A- or
better for the prior four quarters by the latest edition of the 'Results Best's Key Rating Guide (Property/Casualty)"
published by the A.M. Best Company.
Page 26 of 36
•
Personal or individual bonds are not acceptable.
If the surety on any Bond furnished by Contractor Is declared a bankrupt or becomes insolvent,or Contractor's right
to do business is terminated in any state where any part of the Project is located, or it ceases to meet the
requirements of this Section 11.4, Contractor must within 5 Days thereafter substitute another Bond and surety,
both of which must be acceptable to City.
•
•
Page 27 of 36
EXHBIT E
ADA TRUNCATED DOMES(TILES)
APPROVED PRODUCTS LIST
1.
NWC Erie St and Cheri Lynn Dr
Cast in Tact Wet Set
By N-Direct
installation Date: 02/2007
Contact Info
TF Valdez Construction Supply Co., Inc
5660 South 32nd Street, Suite#105
Phoenix, AZ 85040
(602)305-8575
2
SEC Erie St and Evergreen St
TekWay Dome Tiles w/Anchor
By StrongGo Inc
Installation Date: 07/2007
Contact Info
StrongGo LLC
3296 E. Hemisphere Loop
Tucson,Arizona 85706
Tel: (520)547-3510
3.
SWC Erie St and Vine St
ADA Arcis Tactile
By Arcis Corp
Installation Date:03/2009
Contact Info
Atlas Construction Supply, Inc
1611 S. 27`h Ave.
Phoenix,Arizona 85009
Tel:(602) 256-0600
Note: composite tiles are not a suitable substitute for the "hard"tiles listed on this Exhibit and will
not be used on this contract.
Page 28 of 36
CITY OF CHANDLER
NOTICE OF REQUEST FOR PROPOSAL PWO-745-4123
EXHIBIT F
Contractor's Equipment List
r
SEE ATTACHED SPREADSHEET
J
•
✓
■
• NO. YEAR DESCRIPTION
1 2019 PETERBUILT DISTRIBUTOR TRUCK
2 2018 CAT 140K MOTOR GRADER
3 2018 CAT 140K MOTOR GRADER
4 2018 _CAT 980M WHEEL LOADER •
5 2018 CAT 988K WHEEL LOADER
6 2018 DITCH WITCH FX20 VAC SYSTEM(ON 1TN06)
7 2018 OTTCH WITCH FX20 VAC SYSTEM(ON 1TN08)
8 2018 INGERSOLL RAND PAVER PF3200-REBUILT
9 2018 SANDVIK UI310 MOBILE IMPACT CRUSHER
10 2018 TOPCON 4000VW SYSTEM CAT'LATE'140H(ON MG07)
11 2018 TOPCON 4100VW SYSTEM(ON MG06)
12 2017 SLAW KNOX PF3200 PAVER-REBUILT
13 2017 GANCO PAINT SYSTEM-Rites ON
14 2016 CAT C854B STEEL COMPACTOR
15 2016 CAT C8548 STEEL COMPACTOR
16 2016 HAMM 1801.15 ROLLER
17 2016 HAMM 1801-15 ROLLER
18 2016 TOPCON MODEL 1001587 SYSTEM(ON PAV04)
19 2015 CARLSON CP-100 PAVER
20 2015 CAT 242D SKIDSTEER
21 2015 CAT 980M WHEEL LOADER •
22 2015 CAT CB34B STEEL ROLLER
23 2015 CAT CW14 ROLLER
24 2015 SANDVIK QA440 DOUBLE SCREEN
25 2014 CAT 374FL HYDRAULIC EXCAVATOR
26 2014 CAT 980M WHEEL LOADER
27 2014 CAT CB24 STEEL ROLLER
28 2014 CAT CW14 ROLLER •
29 2014 MULTIQUIP 100KW GENERATOR
30 2013 12000 GAL WATER TOWER '
31 2013 12000 GAL WATER TOWER
32 2013 CAT P5000•LE FORKLIFT •
33 2012 BROOM 9SKIDSTEER-ATTACHMENT)
34 2012 CAT 336EL EXCAVATOR-MEDIUM
35 2012 CAT 980K WHEEL LOADER
36 2012 CAT 980K WHEEL LOADER
37 2012 CAT PS150C COMPACTOR
38 2012 CAT PS150C COMPACTOR
39 2012 DYNAPAC CC424HF COMPACTOR
40 2012 DYNAPAC MOW PAVER
41 2012 MULTIQU1P 36KW GENERATOR
42 2012 TCPCON 4000V SYSTEM CAT%ATE'140H(ON MG04)
43 2012 TOPCON 4000V SYSTEM CAT 140 H SERIES
•
44 2011 CAT 299C SKDSTEER
45 2011 CAT XO500KW GENERATOR
46 2011 GEHL SKIDSTEER 4640
47 2011 JCi TRIPLE DECK WP SCREEN SUPPORT STRUCTURE
48 2011 PLANER(SKIDSTEER-ATTACHMENT) •
49 2010 CAT 725KW GENERATOR
50 2010 CAT C15 365KW DIESEL GENERATOR
51 2008 CAT 613C SCRAPER
52 2008 RANCO 040L TANDEM AXLE DOLLY
53 2008 RANCO 04DL TANDEM AXLE DOLLY
54 2008_RANCO OFF-ROAD LW21-32 BOTTOM DUMP TRAILER
55 2008 RANCO OFF-ROAD LW21-32 BOTTOM DUMP TRAILER
56 2008 RANCO OFF-ROAD LW21-32 BOTTOM DUMP TRAILER
57 2008 RANCO OFF-ROAD LW21-32 BOTTOM DUMP TRAILER
58 2007 CAT 140H MOTOR GRADER
59 2007 CAT PS360C COMPACTOR
80 2007 JOH4 DEERE 210LE GRADE TRACTOR
61 2007 JOHN DEERE 2101E GRADE TRACTOR
82 2007 JOHN DEERE 210LE GRADE TRACTOR
63 2007 JOHN DEERE 210LE GRADE TRACTOR
64 2007 JOHN DEERE 210LE GRADE TRACTOR
65 2007 ,PETERBILT 357 5500 GAL WATER TRUCK
66 2007 RANCO OFF-ROAD LW21-40 BOTTOM DUMP TRAILER
67 2007 RANCO OFF-ROAD LW2I-40 BOTTOM DUMP TRAILER
68 2007 SA-DV150I DIESEL TRASH PUMP
69 2006 CAT 140H MOTOR GRADER
70 2005 CAT 140H MOTOR GRADER
71 2006 CAT 140H MOTOR GRADER
72 2006 CAT 140H MOTOR GRADER
73 2006 CAT 613C SCRAPER
74 2006 CAT 613C SCRAPER
75 2006 CAT 613CII SCRAPER
76 2006 CAT 613C11 SCRAPER
77 2006 CAT 623G SCRAPER
78 2006 CAT 627G SCRAPER
79 2006 CAT 7690 OFF-HIGHWAY HAUL TRUCK
80 2008 CAT 7690 OFF-HIGHWAY HAUL TRUCK
•
81 2006 CAT 08T TRACK TYPE TRACTOR
82 2006 JOHN DEERE 210LE GRADE TRACTOR
83 2006 JOHN DEERE 210LE GRADE TRACTOR
84 2006 KP1 42 X 20 VIBRATING GRIZZLY FEEDER
85 2006 SENSOR-TRACER BOX CAT 140H SERIES(ON MG01)
86 2005 CAT 140G MOTOR GRADER
87 2005 CAT 613CII SCRAPER
88 2005 CAT613CIISCRAPER
89 2005 CAT 950GII LOADER
90 2005 CAT PS150C COMPACTOR
91 2005 GEHL TELEHANDLER 10000LB
92 2004 12000 GAL WATER TOWER
93 2004 12000 GAL WATER TOWER
94 2004 CAT 627G SCRAPER
95 2004 CAT TELESCOPIC HANDLER TH460B
98 2003 CAT 242 SKID-STEER BOBCAT LOADER
97 2003 CAT 613C11 SCRAPER
98 2003 CAT PS150B COMPACTOR
99 2003 HURRICANE KLEIN PUMP
100 2002 CAT 613C SCRAPER
101 2001 12000 GAL WATER TOWER
102 2001 INGERSOLL RAND C070 ROLLER
103 2000 JOHN DEERE 210LE GRADE TRACTOR
CITY OF CHANDLER
NOTICE OF REQUEST FOR PROPOSAL PW0-745.4123
EXHIBIT G
SUBCONTRACTOR'S LIST
Each bidder MUST complete information regarding each Sub-Contractor which may be used in
conjunction with this contract. The bidder must submit the name, address, license number (if
applicable) of each subcontractor including the extent of such subcontracting and include with bid
submittal documents. (Bidder may supply additional pages as needed to identify all subs).
NAME:BEiQOi 4 1G CONTROL LICENSE (9fo`1!
ADDRESS: 22040 N. 21 STAVE, PHaENt x .142_ 95027
CONTACT PERSON /TELEPHONE: RRA1inel G4L MAR? (b22)a13—S21)4
EMAIL ADDRESS: SPA TLE{t 0T 4J 1000N1oL.Net- '
EXTENT OF WORK: TRAP '1G CONTRAL •
NAME: SPEtAALrt CO-IPp'Ji SGROUP LICENSE (93722`(
•
ADDRESS: 22223 N ItjT Sr, FY-108 1 Y,/4Z gS02.4
•
CONTACT PERSON/TELEPHONE: Pi ti1Z(C 023)5 Z.-Z3B
EMAIL ADDRESS: SPEctALT'I e gOFA2•COM
EXTENT OF WORK: art LI T`1 AOJUS114 fil
NAME: UNSP, INc• LICENSE 0723 1
ADDRESS: 1771 N, 70 ME,C +t ,AZ ES303
CONTACT PERSON /TELEPHONE: E MiirALU 4D . (623)q3'(-5oSO
EMAIL ADDRESS: i3GAWMoQEG'%SPUNK.NET
EXTENT OF WORK: HlU-INCH.
CITY OF CHANDLER
NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123
EXHIBIT G
SUBCONTRACTOR'S LIST
Each bidder MUST complete information regarding each Sub-Contractor which may be used in
conjunction with this contract. The bidder must submit the name, address, license number (if
applicable) of each subcontractor including the extent of such subcontracting and include with bid
submittal documents. (Bidder may supply additional pages as needed to identify all subs).
NAME: 61240O ASPL AL.TMILLING . IWC LICENSE 200114
ADDRESS: 1959 S. 117 AKR.RD 103-375.MESA. AL OS1106
CONTACT PERSON/TELEPHONE: bEREK. KENNEC7H• ('180)277-SC7O
EMAIL ADDRESS: pERE cEPSZICOHIUL(NG.COM
EXTENT OF WORK: M ILLANG
NAME: AU—STATE SPFsIAL(ST, ULC.• LICENSE 78556G
ADDRESS: 1O [30X 1iB3S, F iofx'(X. , Kt. BSOS)
CONTACT PERSON/TELEPHONE: PAN ROGEDS SQ.. (q8o"SSo—QS$'4
EMAIL ADDRESS: DAN •1,2e AU.Srii►rESPECtAUST:CoM
EXTENT OF WORK: CANCRE'TE •
NAME: VIN(OAI ENC-CON:t Ior`11 LLC• LICENSE ST7S28
ADDRESS: 1831 N. ROC44ESTEP_, ME6I3t, A2 9StoS
CONTACT PERSON/TELEPHONE: TRo`{ Cotes ( t o')i4 -343-1
EMAIL ADDRESS: TWu3K€UINUOIaLC •uM
EXTENT OF WORK: CONCQtt + LOOP DETECTORS •
CITY OF CHANDLER
NOTICE OF REQUEST FOR PROPOSAL PWO-745-4123
EXHIBIT G
SUBCONTRACTOR'S LIST
Each bidder MUST complete information regarding each Sub-Contractor which may be used in
conjunction with this contract. The bidder must submit the name, address, license number (if
applicable) of each subcontractor including the extent of such subcontracting and include with bid
submittal documents. (Bidder may supply additional pages as needed to identify all subs).
NAME: FRANKLIN STRIPING, INC. LICENSE IIS703
ADDRESS: 2832- S• &STH ST, pi-IOEN gV A'L BSogo
CONTACT PERSON/TELEPHONE: PANb`f FRANKLIN 0;02 0S-9748
EMAIL ADDRESS: RANT 'lCFRANKUNSTR.J PM*•Cok4
EXTENT OF WORK: STRI RNYr
NAME: LICENSE
ADDRESS:
CONTACT PERSON/TELEPHONE:
EMAIL ADDRESS:
EXTENT OF WORK:
NAME: LICENSE
ADDRESS:
CONTACT PERSON /TELEPHONE:
EMAIL ADDRESS:
EXTENT OF WORK:
CITY OF CHANDLER
NOTICE OF REQUEST FOR PROPOSAL PWO-745-4123
EXHIBIT H1
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, M.R.Tanner Development and Construction Inc.dba M.R.Tanner Construction , as Principal,
(hereinafter called the Principal),and the Liberty Mutual Insurance Company a
corporation duly organized under the laws of the State of Massachusetts ,
as Surety,(hereinafter called the Surety) are held and firmly bound unto the City of Chandler as Obligee,
in the sum of 10 percent (10%) of the total bid, submitted by him to the City of Chandler for the work
described below, for the payment of which sum, well and truly to be made, the said Principal and the said
Surety, bind ourselves, our heirs, executors, and administrators, successors and assigns, jointly and
severely,firmly by these presents, and in conformance with Arizona Revised Statutes.
WHEREAS, the said Principal is herewith submitting its bid for: Street Maintenance and Repair
Services,RFP No. FW0-745-4123
NOW, THEREFORE, if the City of Chandler shall accept the proposal of the Principal and the principal
shall enter into a Contract with the City of Chandler in accordance with the terms of such proposal and give
such Bonds and Certificates of Insurance as specified in the Contract Documents with good and sufficient
Surety for the faithful performance of such Contract and for the prompt payment of labor and material
furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such Contract
and give such Bonds and Certificates of Insurance, if the Principal shall pay to the City of Chandler the sum
of money set forth above as liquidated damages for failure of the Principal to enter into the Contract, then
this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 16th day of October ,A.D., 2019 .
M.R.Tanner Development and Construction,Inc. •
dba M.R. Tanner Construction Liberty Mutual Insurance Company
Principal SEAL
414A--)
SURETY
B By. h.gvzitx-
Attorney-in-F y SEAL Kristin D.Thurber
ct Attorney-In-Fact
Its: SECReTagY f Tt PSUte2. Willis of Arizona.Inc.
AGENCY OF RECORD
16220 N.Scottsdale Road,Suite 600
Scottsdale,AZ 85254
AGENCY ADDRESS
4
•
This Power of Attorney limits the acts of those named herein,and they have no authority to
lib
bind the Company except in the manner and to the extent herein stated.
-
re 1 t �be
Liberty Mutual Insurance Company
.1* ' Mutual. The Ohio Casualty Insurance Company Certificate No:8200754-024127
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, James A.
Bracy,Terry Crull,David G.Jensen,Hillary D.Shepard,Kristin D.Thurber
all of the city of Scottsdale state of Arizona each Individuaily if there be more than one named,its true and lawful attamey-in•fad to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 21st day of March , 2019 .
Liberty Mutual Insurance Company —
tNsu al INS& N tNsu� The Ohio Casualty Insurance Company
,�Jp °aP°�,,�Yc, g��°+�OIe4?' .CI rPfr �0 West American insurance Company
3 ot° a *P ?I'll; e; 3 4s to
7- s191�0 0 1919 1991 a
rri ��e°acNu`Ada y0,18-4ar,,,,e,, �,s. %lose Ab BY:
CD N /) * h �Nl * 1• M • ti 'i
David M.Carey,Assistant Secretary
State of PENNSYLVANIA ss i
County of MONTGOMERY t
O ao On this 21st day of March , 2019 before me personalty appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual insurance I
O Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes—U
ao> therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
a i= IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at ling of Prussia,Pennsylvania,on the day and year first above written.
v Pcod Qf,S °pw 3p�` COMMONWEALTH Of PENNSYLVANIA ;�AI,
` r�4" i Y Notarial Seal
ry �Q;Z -.
47 O OF Teresa Pasfexa,Note Pubic }
o a) UpferMensnOrm.,Montgomery CwMy By:
e c0 Jp� My Commssbn Expires March 2e,2021
eresa Pastelia,Notary Public
ti" Member.Pens/ramie AssocWon of Ndades
m gt?s
r m This Power of Attorney is made and executed pursuant to and by authority of the uliowing By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance
T,c Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: O
E
m ARTICLE IV-OFFICERS:Section 12.Power of Attorney.
w Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President
32 tf may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all >q
To c undertakings,bonds,recognizances and other surety obligations.Such allomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full gay
02
power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such instruments shall p sYY
Z o be as binding as If signed by the President and attested to by the Secretay.Any power or authority granted to any representative or attorney-in-fact under the provisions of this
article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority.
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. o sr
Any officer of the Company authorized for that purpose In writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,h-•-
shall appoint such attorneys-In-fact,as may be necessary to act In behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations. '
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney Issued by the Company In connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,i have hereunto set my hand and affixed the seats of said Companies this 16th day of October , 2019 .
v iNsp tY tNJG ,1NSUg1
If 0 1912,4°° 0 0(= 1919 In 6 1991 1a B ��u �,li‘ r'-�.
rda�°acHus` a� y°\kNA,,,,4:a3 fs.�'+Noe-�Ja'� y Renee C.Llewe"yn,Assistant Secretary
'/7 * * H; * t. M *.).
LMS-12873 LAM OCIC WAiC Multi Cc 062018
-aI
Bond Number:609202859
• EXHIBIT H2
PERFORMANCE BOND
STATUTORY PERFORMANCE BOND PURSUANT TO
TITLE 34,CHAPTER 2,ARTICLE 2,
OF THE ARIZONA REVISED STATUTES
(Penalty of this bond must be 100%of the Bond amount)
M.R.Tanner(Development and Construction,Inc (hereinafter called the Prindpal), as
KNOW ALL MEN BY THESE PRESENTS: That, dba M,R.Tanner Constn,ctlor
Principal, and Liberty Mutual Insurance Company a corporation organized and existing under the law of the State of
� with its principal office In the City of Boston ,(hereinafter called the Surety),as Surety,are held and firmly
bound unto the City of Chandler, County of Maricopa, State of Arizona, In the amount of
Five Hundred Seventy-Five Thousand and 00/100 Dollars($ $575,000,00 1,for the payment whereof,the said Principal and
Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severely,firmly
by these presents.
WHEREAS,the Principal has entered into a certain written Contract with the City of Chandler,Dated the 30th
day of December, 2019,for Street Maintenance and Repair Services,RFP No. FW0-745-4123,which
Contract is hereby referred to and made a part hereof as fully and to the same extent as if copies at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
perform and fulfill all the undertakings, covenants terms, conditions, and agreements of said contract during the
original term of said Contract and any extensions thereof,with or without notice to the Surety,and during the life of any
warranty required under the contract, and shall also perform and fulfill all the undertakings,covenants,terms, condi-
tions,and agreements of any and all duly authorized modifications of conditions of said Contract that may hereafter be
made, notice of which modifications to the Surety being hereby waived; then the above obligations shall be void,
otherwise to remain in full force and effect.
PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34,Chapter 2, Article 2 of
the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of
said Title,Chapter and Article,to the extent as if it were copied at length herein.
The prevailing party in a suit on this bond shall be entitled to such reriso-lal a attorney's fe s may be fixed by a
judge of the Court.
M.R.Tanner •• •lopme and C nstruction,Inc.
Witness our hands this 2nd day of January .2020 . dba M.R.T n, Cons ruction
PRiN Mr23111111
Kristin Thurber Liberty Mutual Insurance Company
AGENT OF RECORD
wills Towers Watson Insurance Services West,Inc. BY _,�►�/fir
16220 N.Scottsdale Road,Suite#600 Scottsdale,AZ 85254 Josh - •rd,Attorney-In-Fact
AGENT'S ADDRESS
SURETY SEAL
Page 32 of 36
Bond Number:609202859
• EXHIBIT H3
PAYMENT BOND
ARIZONA STATUTORY PAYMENT BOND
PURSUANT TO TITLES 28,34,AND 41,OF THE ARIZONA REVISED STATUTES
(Penalty of this Bond must be 100%of the Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
M.R.Tanner Development and Constnxtion,Inc.
THAT: dba M.R.Tanner Construction (hereinafter"Principal"),as Principal,and Liberty Mutual
Insurance Company (hereinafter"Surety"),a corporation organized and existing under the laws of the State of
Massachusetts with its principal office in the City of Boston , holding a certificate of authority
to transact surety business in Arizona issued by the Director of the Department of Insurance pursuant to
Title 20, Chapter 2, Article 1, as Surety, are held and firmly bound unto the City of Chandler, (hereinafter
"Obligee")County of Maricopa,State of Arizona,in the amount of Five Hundred Seventy-Five Thousand and 00/100
Dollars ($ $575,000.00 ), for the payment whereof, the said Principal and
Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and
severally,firmly by these presents.
WHEREAS, the Principal has entered into a certain written Contract with the City of Chandler,
dated the 30th day of December ,2019, for Street
Maintenance and Repair Services,RFP No. FWO-745-4123
,which Contract is hereby referred to and made a part hereof as fully and to the same extent as If copies
at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLICATION IS SUCH, that if the Principal promptly
or materials to the Principal or the Principal's
due to allpers
ons supplyinglabor p
pays all moneys
subcontractors in the prosecution of the work provided for in said contract, this obligation is void.
Otherwise it remains in full force and effect.
PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2,
Article 2 Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with
the provisions,conditions and limitations of Title 34, Chapter 2, Article 2,Arizona Revised Statutes,to the
same extent as if it were copied at length in this agreement.
The prevailing party in a suit on this bond shall recover as part of the judgment reasonable
attorney fees that may be fixed by a judge of the court.
Witness our hands this 2nd —day of January ,2020.
MR Tanner 6evnlepn t a,, onstrucRo Ina dba MR_Tanner Censtnuunn
PRIN jTJ SEAL
Kristin Thurber
AGENT OF RECORD BY
�
oshu a rd,AttorneyIn-Fact
Willis Towers Watson Insurance Services West.Inc. Libe Mutual Insurance Company
16220 N.Scottsdale Road,Suite#600
Scottsdale,AZ 85254 SURETY SEAL
AGENT ADDRESS
it
Page 33 of 36
•
This Power of Attorney limits the acts of those named herein,and they have no authority to
rOW
,, bind the Company except in the manner and to the extent herein stated.
'',. % Liberty
Liberty Mutual Insurance Company
I� ' Mutual, The Ohio Casualty Insurance Company Certftcate ho•8202409-985949
^._ West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Aiza
Anderson,Samuel E.Begun,Bryan M.Caneschi,Saykham Chanthasone,Latina fvtonique Garcia,Danielle D.Johnson,Michelle Anne McMahon,Tanya Nguyen,
Aimee IL Perondine,Mercedes Phothirath,Jenny Roac Brien Phothirath,Noah William Pierce,Kristopher Pisano,Donna M.Planets,Joshua Sanford,Bethany
Stevenson.Rebecca M.Stevenson,Eric Strba,Jynell Marie Whitehead
all of the city of Hartford state of Connecticut each individually if there be more than one named,its true and lawful attorney-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and at undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as hireling upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 23rd day of October , 2019 .
Liberty Mutual Insurance Company
t,%Ne SY Ina& ,,5Nstio The Ohio Casualty Insurance Company
j oe'0k,, 4 re
o er'0 ,1� . 'it3�oe0Or's °, West American Insurance Company
m 1912 0 c 1919 n K 1991 0 //mil
vi d~°s4euus ..4 y°, b0,,,,- 4 fs M'ou,N► {,a ^�i / CC
a d6'7 * )-1a 9y1 * )-‘ �M * till BY: t�David M.Carey,Assistant Secretary
" State of PENNSYLVANIA ss C
'fl m County of MONTGOMERY N
to C
0 d On this 23rd day of October , 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0
o c=o Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes-�j
y> therein contained by signing on behalf of the corporations by himself as a duty authorized officer.
gi= IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. ppo.
O p, PAg t7
C'y T
O�L. Qtpg (INK, F COMMONWEALTH OF PENNSYLVANIA �
Ctr` ( OF
� `
Teresa Paatelta,Notary Public
Upper Merton Two.Montgomery County By:
r CO �a i My Comnass�on Exptrea March 28,2O2h ----
e E 4 r � cress Pastelist Notary Public
u a4ber,PeMsytvinla Assotlaeom d NON1
fn 8
t0
rn This Power of Attorney is made and executed pursuant to and by authority of the Mowing By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance
Oe Company,and West American Insurance Company which resolutions are now in hit force and effect reading as follows: O
E
2ARTICLE IV-OFFICERS:Section 12 Power of Attorney. B
o m Any officer or dher official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President
-o may prescribe,shall appoint such attorneys-in-fact,as may be necessary to actin behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all N V
m c' undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth In their respective powers of attorney,shall have full r Ri
. E power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such instruments shall
z3 be as bating as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-m-fact under the provisions of this er
article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority.
ARTICLE XIII-Execution of Contracts:Section S.Surety Bonds and Undertakings. O
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,H,--
shaf appoint such attorneys-in-fad,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recegnizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the 1
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanical),reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,Renee C.Uewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full face and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 2nd day of January , 2020 .
hest) (tit Ka& ,x 1NSGR
3` �c� 47*('oone,'a.to°PT r SPoff 4ta in
!C.G'"Y"7
1912 n o 1919 . 11 1991 0
e
��YJ8400S��aa- -:om at, Yy, %ma► db+r If:
Renee C.Llewellyn,Assistant Secretary
LMS-12873 LMIC OCIC WArC Muni Ca_C62018
n
•
Vt. Liberty
�► ` Mutual.
SURETY
ARIZONA ENDORSEMENT IN ACCORDANCE WITH Please
read carefully, this endorsement adds additional information.
Re:Bond Number(s):609202859
Your agent/agency for this policy is:Willis Towers Watson Insurance Services West, Inc.
Agency/Agent Name: Kristin Thurber
Address: 16220 N. Scottsdale Road, Suite#600, Scottsdale, AZ 85254
Phone: (602)787-6052
All other terms and conditions of the policy remain unchanged.
Instruction for Inquiries and Notices Regarding the Bond Attached to this Endorsement:
To verify the authenticity of the bond,please call 888-844-2663 or email at bonds@ libertymutual.com
Any written notices,inquiries,claims or demands to the surety on the bond to which this endorsement is
attached should be directed to:
Liberty Mutual Insurance Company
1001 4th Avenue Suite#1700
Seattle, WA 98154
Or
Email: bonds(a�libertymutual.com
Please include with all notices the bond number and the name of the principal on the bond.Where a claim
is being asserted,please set forth generally the basis of the claim. In the case of a payment or performance
bond,please identify the project to which the bond pertains.
lMS-2O767 07716
PERFORMANCE BOND REQUEST
Date: 12/30/19 Contract Date:12/30/19
To: Willis of Arizona, Inc. From: M.R.Tanner Construction
16220 N. Scottsdale Rd. #600 1327 W. San Pedro St.
Scottsdale,AZ 85254 Gilbert,AZ 85233-2403
Email: Kristin.Thurber@WillisTowersWatson.com Email: mail@mrtanner.com
Attn: Kristin Thurber Contact: Erika Gapp
Phone: (602)787-6052 Phone: 480-633-8500
(800)933-6385
Fax: (602)787-8040 Date bond needed by: ASAP
Obligee: (who is requiring the bond?) CITY OF CHANDLER—PURCHASING DIVISION
Address: 175 S ARIZONA AVE
CHANDLER,ARIZONA 85225
Project Name: 2020 CITY OF CHANDLER STREET MAINTENANCE&REPAIR
SERVICES
AGREEMENT NO. PWO-745-4123
Address: VARIOUS LOCATIONS
Project Number: AGREEMENT NO. PWO-745-4123
Description: 2020 CITY OF CHANDLER STREET MAINTENANCE&REPAIR
SERVICES
MRTC JOB 505-01
Contract Amount: $575000.00 Bid Results: N/A
Completion Time: 12 Months
Liquidated Damages: N/A
Backlog: _N/A
Special Bond Form: NO Anticipated Start Date: 01/01/2020
If yes,please submit form.
'vViiiis
WillisTowersWatson 1.1'1'M
Telephone: (602)787-6052
Website: www willistowerswascn.com
E-mail: kristin.tturber@willistowerswason.coin
January 2, 2020
M.R. Tanner Development and Construction, Inc. dba M.R. Tanner Construction
Attn: Erika Gapp
1327 W.San Pedro St.
Gilbert, AZ 85233
RE: Bond Number: 609202859
Obligee:City of Chandler
Description:2020 City of Chandler Street Maintenance& Repair Services MRTC Job 505-01
Attached is the completed document per your request. This was issued based upon the information you
provided to our office and we urge you to check all of the information for accuracy(i.e. Power of Attorney,
signatures, dates, amounts, description, etc.).
Please verify that the form attached is the form required and complete the execution with the proper
signature(s)and seal.
If a premium is charged, our invoice will follow under a separate cover. Please note the
premium payment for this bond is due upon receipt.
Thank you for the opportunity to service your surety needs. Should you have any questions, please do not
hesitate to contact any member of your Willis Towers Watson Surety Team.
Sincerely,
Kristin Thurber
I
Willis Towers Watson Insurance Services
West,Inc.
16220 N.Scottsdale Road,Suite#600 I
Scottsdale,AZ 85254
EXHIBIT 11
CONSTRUCTION SIGN DETAIL
if the work will take less than one(1)week to perform, such signage shall:
a. Be installed on temporary supports at an approved location;
b. Be placed in such positions that they can be read by traffic from each direction;
c. Be colored"construction orange"with black letters;
d. Have block letters at least 6"in height;
e. Contain the following information: the name of CONTRACTOR for whom the work is being
performed;
f. a 24-hour contact phone number where persons may speak with a representative of the
CONTRACTOR for whom the work is being performed or may leave a request to speak with such a
representative and for which all calls will be returned by such a representative of the
CONTRACTOR within 24-hours.
•
Page 34 of 36
EXHIBIT 12
CONSTRUCTION SIGN DETAIL
DEVELOPER
CONTRACTOR
ASPHALT PATCHWORK
9- 1 -19 TO 9-30-19
(480) 782-X)(XX
CITY OF CHANDLER
NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123
EXHIBIT 13
CONSTRUCTION SIGN DETAIL
CONTRACTOR
(480 ) 782..x)00(
36
EXHIBIT B
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
M.R. TANNER DEVELOPMENT AND CONSTRUCTION, INC.
[Materials Order]
See following pages (to be attached subsequent to execution).
Town of Fountain Hills
DOWNTOWN
FY 19-20
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LEGEND
NEW PAVEMENT N
W E
FUTURE - NEW PAVEMENT
MAP DATE: 3-2-20