Loading...
HomeMy WebLinkAboutC2021-008E - Utility Construction Contractor, Inc.Contract No. 2021-008E JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND UTILITY CONSTRUCTION COMPANY, INC. THIS JOB ORDER MASTER AGREEMENT (this "Contract") is entered into as of November 17, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Utility Construction Company, Inc. a(n) Arizona Corporation (the "Contractor"). RECITALS A. The Town issued a Request for Qualifications, 2021-008, Electrical Services (the "RFQ"), a copy of which is on file in the Town Clerk's Office and incorporated herein by reference, seeking statements of qualifications from vendors for professional consulting services. B. The Contractor submitted a Statement of Qualifications (the "SOQ") in response to the RFQ, attached hereto as Exhibit A and incorporated herein by reference, and the Town desires to enter into an Agreement with the Contractor for Electrical Services (the "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 Contract. This Contract shall be effective as of the date first set forth above and shall remain in full force and effect for one year with up to four (one) year renewable options. 2. Job Order Master Contract Process. 2.1 This Contract establishes an indefinite delivery, indefinite quantity, Job Order Contract for such Electrical Services within the scope of this Contract as Town may request from time to time by issuance of an individual Job Order for each Project. A separate Job Order will be issued for each Project describing the specific Work to be performed by the Contractor for that Project. 2.2 Town shall have the right to perform work of the types included in this Contract itself or to have other Contractors perform such work. 2.3 This Contract does not obligate or require Town to offer any Job Order to Contractor and no Contract will exist for any specific Work until a Job Order for such Work has been fully executed by Town and Contractor. 2.4 Scope of Work Under This Contract. The Contractor will provide all labor, tools, management, materials, parts and supplies, equipment, and transportation necessary to furnish a broad range of electrical services at various locations throughout the Town of Fountain Hills on an as -needed basis. Electrical services will include troubleshooting and repair of existing electrical systems, installation of new electrical components, general maintenance, and may include responses to emergency calls outside of normal Town operating hours. 2.5 Contract Price for Each Job Order. The amount to be paid by Town for the Project under each Job Order is the Contract Price for the Job Order. The Contract Price includes the Contract Price for the Work. The Contract Price for any Job Order may be a Fixed Price or a Guaranteed Maximum Price (GMP), subject to the following: A. The cumulative sum of the Job Orders performed by Contractor during any twelve (12) month period shall not exceed $125,000.00. B. There is no limit on the number of Job Orders that the Town may issue to Contractor during any twelve (12) month period of this Contract or during the entire period this Contract is in effect. C. Contractor may not refuse any Job Order under this Contract properly issued by Town, unless Contractor explains, in writing and to Town's satisfaction, that the scope of work under a specific Job Order is poorly defined or hazardous to health or safety. 3. Performance of the Work. 3.1 Specifications. The Maricopa Association of Governments, Uniform Standard Specifications for Public Works Construction, current edition ("MAG Specifications"), Maricopa Association of Governments, Standard Details for Public Works Construction, current edition ("MAG Details"), have been adopted by Town and shall apply to the Work, to the extent applicable. In addition, to the extent Town has adopted its own Town Specifications, and/or Supplements and/or Modifications to the MAG Specifications or MAG Details (collectively the "Town Specifications"), those Town Specifications shall apply to the Work when and where appropriate and the Contractor shall fully comply therewith. Any questions or concerns about the applicability of any specific MAG or Town Specifications to the Work shall be directed in writing to the Project Engineer. The MAG Specifications, MAG Details and Town Specifications are incorporated into the Contract. 3.2 Coordination. Contractor shall also cooperate with Town in communicating with, obtaining necessary approvals or permits from, and responding to, any applicable government entity or regulatory agency, including participation in any hearings or meetings. 3.3 Extra Work/Changes in the Work/Approvals. Town reserves the right to make such changes in the plans and specifications for the Work, within the general scope thereof, as it may deem appropriate and any such change as set forth in a written Change Order or Extra Work Order shall be deemed a part of this Contract as if originally incorporated herein. A. Contractor shall not be entitled to payment for additional work unless a written Change Order or Extra Work Order, in form and content prescribed by Town, has been executed by Town prior to starting the additional work; on all such Change Orders and Extra Work Orders, Contractor shall specify the increased and/or decreased costs and whether it believes any extensions of time will be necessary to complete its Work as modified by the Change Order or Extra Work Order. In no event, however, will the Contractor be entitled to collect for overhead and profit for such changes more than the percentages of Contractor's actual and direct cost incurred in such change as set forth in the corresponding Change Order. If additional work is performed on the basis of an Extra Work Order, a corresponding Change Order shall be prepared, approved and processed by Town before payment can be made to Contractor. B. Upon request by Town, Contractor shall submit for Town's prior approval all samples, product data, shop drawings on all materials, systems and equipment to be incorporated into the Work. C. The Project Manager shall be designated by the Town. All communications concerning performance of the Work or the Project shall be provided to the designated Project Manager, who has the authority to act on behalf of Town, as delineated and limited by the Contract Documents and applicable law. The Project Manager has no authority to bind Town or Town Council in contravention of any Town Code, State or Federal statute or regulation, or this Contract. Project communications may be exchanged by e-mail upon the written agreement of the Project Manager and Contractor, but e-mail communications are not binding upon Town and cannot change the terms of the Contract or the scope of Work, or effectuate any change that requires a written change order. The use of a -mails is for information only, and e-mails will have no legal or binding effect. 3.5 Time/Float. Contractor shall strictly comply with the Project schedule approved in writing by Town (the "Contract Time"). The Contract Time shall start with the Notice to Proceed and end with final acceptance of the Work. Contractor shall commence performance of the Work and complete the Project through both substantial completion and final acceptance within the Contract Time, and failure to do so shall be a material breach of the Contract. A. Time is of the essence of the Contract, for each Project, for the Work, and for each phase and/or designated milestone thereof. B. No modification to the Contract Documents or the Contract Time shall be effective unless approved in writing, in advance, by Town. C. The total float time within the overall schedule is for the exclusive use of Town, but Town may approve Contractor's use of float as needed to meet contract milestones and the Project completion date. 4. Payments. Payments shall be made as follows: 4.1 Progress, m A. Progress billings will be processed monthly starting upon Project commencement. B. Contractor billings shall be submitted on Contractor's typical invoice form. C. A list of all suppliers (including name, contact information and phone numbers) to be used by Contractor must be received and approved by Town, prior to release of Contractor's monthly progress payment. Town's approval of Contractor's suppliers shall not release Contractor from any of its obligations under this Contract, including without limitation, Contractor's indemnification, and insurance obligations. D. If required by Town, Contractor will be required to execute an Unconditional Waiver and Release on Progress Payment or Unconditional Waiver and Release on final payment contemporaneously with the receipt of partial or final payments, or other form of acknowledgment of payment and/or release of claims as required by Town, as well as unconditional lien waivers executed by subcontractors and/or suppliers who have provided labor, materials, or rental equipment to Contractor. Payments of any amounts covered by any conditional lien waivers may, at Town's sole discretion, be made by joint check issued to the Contractor and the subcontractor or supplier. E. Contractor shall submit all other supporting documentation substantiating its Invoice as may be reasonably required by the Engineer, Project Manager, Town, and applicable laws. 4.2 Final Payment. Final payment including retainage shall be paid only after: (i) the Work has been fully completed (including completion of all incorrect or incomplete work items) and accepted by Town; (ii) necessary operating manuals, any excess materials and supplies necessary for matching materials and supplies incorporated into the Work, and complete "as -built" drawings, plans and specifications have been delivered to Town; (iii) if required by Town, full and unconditional lien waivers and releases by Contractor and any person performing labor or supplying material, machinery, fixtures, or tools for the Work have been delivered to Town; (iv) all conditions and requirements imposed by Town or any financing entity for the corresponding disbursement have been met; and (v) Contractor delivers to Town an Invoice requesting payment. The Contract number must be referenced on all invoices. 4.3 Town's Right to Withhold Payment. Town may withhold payment to such extent as may be necessary in Town's opinion to protect Town from loss for which the Contractor is responsible, including, without limitation: A. defective Work not remedied; B. third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to Town is provided by the Contractor; C. failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; D. reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; E. damage to Town or another contractor; F. reasonable evidence that the Work will not be completed within the Contract Time (or otherwise by Town), and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or G. persistent failure to carry out the Work in accordance with the Contract Documents. 4.4 Joint/Direct Checks. Payments to Contractor may be made by checks payable jointly to Contractor and its employees, agents, subcontractors and suppliers, or any of them, and when in the sole opinion of Town it is advisable, payments may be made directly to Contractor's subcontractors and any amount so paid shall be deducted from the amounts owed to Contractor under this Contract. 4.5 Payment Not A Waiver. No payment (nor use or occupancy of the Project by Town) shall be deemed acceptance or approval of the Work or as a waiver of any claims, rights, or remedies of Town. 4.6 Liens and Bond Claims. Contractor shall make all payments, in the time required, of all labor and materials furnished to Contractor in the course of the Work and shall promptly furnish evidence of such payments as Town may require. Contractor shall pay when due all claims arising out of performance of the Work covered by this Contract for which a lien may be filed either against the real estate or leasehold interest of Town, or against payments due from Town to Contractor, or for which a claim may be made against any payment or performance bond or both. To the fullest extent permitted by law, Contractor agrees that no liens or other claims in the nature of a lien against the real estate, leasehold, or other interest of Town, against payment due from Town to Contractor, or against any payment or performance bond, shall be filed or made in connection with the Work by any party who has supplied professional services, labor, materials, machinery, fixtures, tools, or equipment used in or in connection with the performance of this Contract, and Contractor agrees to remove or to cause to be removed any such liens or claims in the nature of a lien or bond claim within ten (10) days upon receiving notice or obtaining actual knowledge of the existence of such liens or claims. In addition, Contractor agrees to defend, indemnify, and hold harmless Town from and against any and all such liens and claims. This paragraph does not apply to claims and liens of Contractor due to non-payment for Work performed. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Contractor Personnel. Contractor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Contractor agrees to assign specific individuals to key positions. Contractor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Contractor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Contractor's performance. The Contractor shall provide and maintain a self -inspection system that is acceptable to the Town. 8. Licenses; Materials. Contractor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor, without limitation, all of Contractor's applicable licenses issued by the Arizona Registrar of Contractors. The Town has no obligation to provide Contractor, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Contractor. 9. Work Standards, Warranties and Correction of Work. All materials and any other items incorporated into the Work shall be new, and all Work shall be of good and workmanlike quality and completed in strict conformance with all applicable laws, rules and regulations and the plans, specifications, schedules, Contract Documents and all other terms and conditions of the Contract. 9.1 Express Warranties. Within fourteen (14) days of the completion of the Work (or at such earlier time as requested by Town), Contractor shall execute and deliver to Town all warranties regarding the Work required by the Project plans and specifications. These warranties shall be in form and content satisfactory to Town, and any other person reasonably requested by Town, or Town's lender(s). 9.2 Standard Warranty. In the absence of any requirement for warranties in the Project specifications, Contractor hereby warrants that the Work shall be free of any defects in quality or workmanship for a period of two (2) years after the date of completion and acceptance of the Project by Town. 9.3 Correction of Work. The Contractor shall promptly correct Work rejected by the Project Engineer, Project Manager, or Town as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work. In addition to the Contractor's other obligations including warranties under the Contract, the • Contractor shall, for a period of (two) 2 years after Substantial Completion, correct work not conforming to the requirements of the Contract Documents. If the Contractor fails to correct nonconforming Work within a reasonable time, Town may correct it and the Contractor shall reimburse Town for the cost of correction. 10. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims") to the extent that such Claims (or actions in respect thereof) are caused by the negligent acts, recklessness or intentional misconduct of the Contractor, its officers, employees, agents, or any tier of subcontractor in connection with Contractor's work or services in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REv. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town's option. B. No Representation of Coverage A�dequagy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Contractor's insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self -Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self - insured retention amounts. Such deductibles or self -insured retention shall not be applicable with respect to the policy limits provided to the Town. Contractor shall be solely responsible for any such deductible or self -insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Contractor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Contractor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Contractor's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Contractor's responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFQ number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFQ number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFQ number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability — Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent. (b) Auto Liability — Under ISO Form CA 20 48 or equivalent. (c) Excess Liability — Follow Form to underlying insurance. (2) Contractor's insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Contractor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired and non -owned vehicles assigned to or used in the performance of the Contractor's work or services under this Agreement. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Contractor engages in any professional services or work in any way related to performing the work under this Agreement, the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor, or anyone employed by the Contractor, or anyone for whose negligent acts, mistakes, errors and omissions the Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Contractor's employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days' prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town's Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Contractor of written notice by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non -defaulting party, such party will be in default. In the event of such default, the non -defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party's nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non -defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to Contractor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REv. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Contractor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Contractor an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REv. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Contractor fully informed as to the availability of funds for this Agreement. B-11 The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then -current fiscal year and the Town and the Contractor shall be relieved of any subsequent obligation under this Agreement. 12.7 Upon any termination of the Contract, no further payments shall be due from Town to Contractor unless and until Contractor has delivered to Town any and all documentation required to be maintained by Contractor or provided by Contractor to Town. 12.8 Under no circumstances shall Town have any liability for any costs, expenses, overhead, or profits in relation to any work not actually performed, or for any future or anticipated profits, recovery, damages, expenses, or loses. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Contractor, its employees and subcontractors are not entitled to workers' compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Contractor, its employees or subcontractors. The Contractor, and not the Town, shall determine the time of its performance of the Services provided under this Agreement so long as Contractor meets the requirements of its agreed Scope of Work as set forth in Section 2 above. Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Contractor do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Contractor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Contractor is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor. B-12 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. . No right or interest in this Agreement shall be assigned or delegated by Contractor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Contractor in violation of this provision shall be a breach of this Agreement by Contractor. 13.9 Subcontracts. No subcontract shall be entered into by the Contractor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Contractor is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Contractor. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town's acceptance of and payment for services, shall not release the Contractor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury, which B-13 shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 4711 East Falcon Drive, Suite I I I Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Utility Construction Company, Inc. 8435 East Baseline Road, Suite 106 Mesa, Arizona 85209 Attn: Greg Hutchinson, Senior Project Manager or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the parry, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Contractor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Contractor's duties under this Agreement. Persons requesting such information should be referred to the Town. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under subsection 13.17 below, Contractor's and its subcontractor's books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any 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 (A) evaluation and verification of any invoices, payments or claims based on Contractor's and its subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Contractor's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, 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 subsection. 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 subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the 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 subcontractor's failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. 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. B-15 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Scope of Work, the Fee Proposal, the RFQ and the Contractor's SOQ, the documents shall govern in the order listed herein. 13.20 Non -Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. 13.21 Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions ("Eligible Procurement Unit(s)") are permitted to utilize procurement agreements developed by the Town, at their discretion and with the agreement of the awarded Contractor. Contractor may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and under the terms and conditions of this Agreement, in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Agreement shall be transacted solely between the requesting Eligible Procurement Unit and Contractor. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The Town assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Agreement. The Town shall not be responsible for any disputes arising out of transactions made by others. 13.22 Special Provisions. The Contract created by this request and the resulting request for qualifications will automatically renew for up to four successive one-year terms, unless the Vendor notifies the Town in writing of its desire to terminate the Contract. If extended, the then -current prices shall be applicable during the subsequent renewal year unless the Vendor notifies the Town in writing of any rate increase and the Town approves the increase with an authorized signature, prior to the end of the then -current term. [SIGNATURES ON FOLLOWING PAGES] B-16 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 (kGid 6.- my/g/- Grady E. fter (Nov 18, 2020 12:00 MST) Grady E. Miller, Town Manager ATTEST: 66hMk A, 8"rke- Elizabeth A. Burke (Nov 18, 2020 13:58 MST) Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: .Ac�ery ,A�+�eri Aaron D. Arnson, Town Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGES] "Contractor" UTILITY CONSTRUCTION COMPANY, INC. Suzef fe Ni6lIUM By:Suzette Nickum (Nov 17, 202014:43 MST) Name:Suzette Nickum Title:President EXHIBIT A TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND UTILITY CONSTRUCTION COMPANY, INC. [Contractor's SOQ] See following pages. Statement of Qualifications Submitted by: Utility Construction Company, Inc. Solicitation Number: 2021-008 Submitted to: Town Clerk Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Submitted by: Utility Construction Company, Inc. 8435 E. Baseline Rd, Suite #106 Mesa, Arizona 85209 Phone: (480) 654-3100 Contact: Greg Hutchinson, Sr. Project Manager General Electrical Services September 24, 2020 Tu 7M11-=777 Gon�tructiou Comp�a,n�, zn�_ Constrtic t lo=i September 24, 2020 Town Clerk Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Re: 2021-008 Subject: Submittal of SOQ by Utility Construction Company, Inc. Ladies and Gentlemen, Utility Construction Company, Inc. (UCC) is very pleased to present the Town of Fountain Hills with this Statement of Qualifications (SOQ) in response to Solicitation No. 2021-008 for the 'General Electrical Services' Job Order Contract. UCC is experienced in the management and delivery of work under long-term Job Order Contracts. We are confident that you will find UCC to be a highly qualified firm of value to the Town of Fountain Hills for the performance of many services identified in the solicitation. For your reference, please note: • UCC has provided one (1) original, three (3) copies, and one (1) original on USB Flash Drive of this SOQ. • UCC hereby acknowledge the following Addenda: Questions and Responses (1 Pape), "Questions from 9-10-20 Electrical Pre -Submittal" (PDF) • UCC's contact person for this opportunity is: Greg Hutchinson, Sr. Project Manager, Cell (602) 828-1569, • UCC takes no exceptions to the requirements of this Solicitation. ■ UCC has been in business for 28 years and is financially stable. • Greg Hutchinson is authorized to bind UCC under the solicitation and this SOQ. If you have any questions, or need any other information, please do not hesitate to contact me at (602) 828-1569. Thank you very much for your consideration. Sincerely, Greg Hutc Inson Senior Project Manager Greg(d)UtilityConstructionCo.com Cell: (602) 828-1569 GENERAL ELECTRICAL SERVICES - JOC STATEMENT OF QUALIFICATIONS TOWN OF FOUNTAIN HILLS UTILITY CONSTRUCTION COMPANY, INC. SOLICITATION NO. 2021-008 SEPTEMBER 24, 2020 Co�truotion Company, Iuo_ TABLE OF CONTENTS COVERLETTER............................................................................................................ 1 TABLE OF CONTENTS................................................................................................... 2 A. GENERAL INFORMATION: .......................................................................................... 3 (1) Cover Letter............................................................................................................. 3 (2) Vendor Identification................................................................................................... 3 (3) Office Location.......................................................................................................... 3 (4) General Description of Vendor...................................................................................... 4 (5) Terminated Contracts................................................................................................. 4 (6) Claims..................................................................................................................... 4 (7) Debarment............................................................................................................... 4 (8) Vendor Information Form............................................................................................. 5 B. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR: ................................................ 5 (1) Vendor's Experience in Similar Services......................................................................... 5 (2) Similar Projects......................................................................................................... 6 (3) AZ Contractor's Licenses............................................................................................. 8 (4) Additional Documentation.............................................................................................8 C. KEY POSITIONS........................................................................................................ 8 (1) UCC Key Personnel................................................................................................... 9 CONCLUSION............................................................................................................. 10 Attachments: UCC 'Vendor Information Form' with AZ UTRACS DBE/SBC documentation GENERAL ELECTRICAL SERVICES -JOC STATEMENT OF QUALIFICATIONS TOWN OF FOUNTAIN HILLS UTILITY CONSTRUCTION COMPANY, INC. 2 SOLICITATION NO. 2021-008 SEPTEMBER 24, 2020 Co�truotion Company, Iuo_ A. GENERAL INFORMATION: (1) Cover Letter Utility Construction Company, Inc. (UCC) has provided a cover letter at the forward of this Statement of Qualifications (SOQ). (2) Vendor Identification UCC is a privately -held Arizona corporation founded in 1992. UCC is not a wholly owned subsidiary of another company. UCC is a for -profit corporation. Following is key information related to the firm: Legal Name: Utility Construction Company, Inc. Physical Address: 8435 E. Baseline Rd, Suite #106, Mesa, Arizona 85209 Mailing Address: P.O. Box 1820, Queen Creek, Arizona 85142 Identification No.: 86-0810765 (Federal Tax ID Number) Legal Form: Corporation The following person is UCC's representative that may be contacted concerning this SOQ: Name: Title: Email: Cell: (3) Office Location Greg Hutchinson Senior Project Manager Greg(c�UtilityConstructionCo.com (602) 828-1569 UCC principal office is located in the southeast valley at 8435 E. Baseline Road, Suite 106, Mesa, Arizona 85209. This Mesa, AZ office will serve as UCC's `principal office' and `local work office' for services under this Job Order Contract. UCC may also utilize local UCC branch offices throughout the valley for dispatch of personnel and equipment for services provided to the Town of Fountain Hills. GENERAL ELECTRICAL SERVICES -JOC STATEMENT OF QUALIFICATIONS TOWN OF FOUNTAIN HILLS UTILITY CONSTRUCTION COMPANY, INC. SOLICITATION NO. 2021-008 SEPTEMBER 24, 2020 Co�truotion Company, Iuo_ (4) General Description of Vendor Utility Construction Company, Inc. (UCC) is a licensed general contractor focusing on construction, service, maintenance and material re -sale contracts in the southwest United States. With our headquarters in Mesa, Arizona, work in the Phoenix -metro area is our primary target. UCC is owned by UCC President and CEO Suzette Nickum. UCC is a certified Disadvantaged Business Enterprise (DBE) with the Arizona Department of Transportation, and a certified Small Business Concern (SBC) with the City of Phoenix. UCC has a strong background in electrical infrastructure including Streetlighting, Traffic Signals, Underground Utilities, Directional Boring, and Medium Voltage work. Service contracts, O&M contracts, and JOC contracts, and Alternative Delivery contracts represent a large portion of our work. UCC has over 100 employees, including many long-term key personnel. UCC has multiple facilities in place in the Phoenix valley for staging of labor and equipment for efficient dispatching to project sites. We hold a large fleet of construction equipment to support our self -perform work, including medium - voltage fault locator, backhoes, trenchers, excavators, dump trucks, water trucks, bucket trucks, line trucks, heavy earthmoving equipment, vertical pressure drills, soft -dig (water, air) vacuum excavation rigs, trucks and trailers. UCC founded in 1992 and has been in business for twenty-eight (28) years. UCC is also able to offer the services and products of UCC subsidiary `PLG, LLC' for custom indoor and outdoor lighting LED products and solutions (www.plgled.com), including energy and lighting audits, photometric design, LED retrofits, custom fixtures, energy saving options and LED design. PLG, LLC is UL certified, IGA dark sky listed and DLC listed. (5) Terminated Contracts UCC and its Officers have never had any contract or subcontract terminated. (6) Claims UCC has not had any claims arising from a contract that resulted in litigation or arbitration within the last five years. (7) Debarment UCC has never been debarred by any federal, state, or local government agency. GENERAL ELECTRICAL SERVICES -JOC STATEMENT OF QUALIFICATIONS TOWN OF FOUNTAIN HILLS UTILITY CONSTRUCTION COMPANY, INC. SOLICITATION NO. 2021-008 SEPTEMBER 24, 2020 Co�truotion Company, Iuo_ (8) Vendor Information Form Please see attached `Vendor Information Form', page iv. of the solicitation. B. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR: (1) Vendor's Experience in Similar Services UCC holds a great amount of experience providing similar services to municipalities (and other public agencies) within the last five years. In fact, JOC/service contracts comprise more than 50% of UCC's annual revenue. UCC experience in providing similar services includes the following recent long-term multi -year service / JOC contracts: ■ U.S. Department of Homeland Security Comprehensive Tactical Infrastructure Maintenance and Repair (CTIMR) Area 3 ■ O&M of Industrial Waste Water Pretreatment Plant at Davis-Monthan AFB, Tucson, AZ ■ San Carlos Irrigation Project — Electric & Underground Services Contract ■ U.S. Forest Service ID/IQ — Road Maintenance Blading, Black Mesa & Lakeside districts ■ San Carlos Irrigation Project — Generator Maintenance Contract ■ San Carlos Irrigation Project — HVAC Maintenance Contract ■ City of Phoenix Streetlight Maintenance JOC ■ City of Phoenix Directional Boring JOC ■ City of Peoria Lighting Maintenance and Inspections ■ City of Phoenix Foundations and Conduit for Traffic Signals JOC ■ City of Chandler Streetlight Pole Replacement Contract ■ City of Avondale Streetlight Pole Replacement Contract UCC's long-term multi -year service / JOC contract experience demonstrates ability to be successful under this JOC for the Town of Fountain Hills across many trades of work. (2) Similar Projects Following are four (4) project examples of some of UCC's recent relevant work. Each example project below has been selected to highlight different services / trades of work to illustrate the extent of UCC's experience and capabilities. GENERAL ELECTRICAL SERVICES -JOC STATEMENT OF QUALIFICATIONS TOWN OF FOUNTAIN HILLS UTILITY CONSTRUCTION COMPANY, INC. SOLICITATION NO. 2021-008 SEPTEMBER 24, 2020 � a�a Ca�tructian Company, Luo_ Example Project #1: Viewpoint Northpoint Building, Electrical Outage and 500KVA Transformer Replacement (a) Name of Client (b) Contact Name: (c) Contact Information Flatiron Electric, Inc. Mr. Steve Ross P.O. Box 3819 Apache Junction, AZ 85117 Phone: (602) 989-7899 Email: Steve(aD_FlatironElectric.com (d) Type of Services Provided: Emergency call -out to troubleshoot medium voltage outage at Viewpoint RV Resort Northpoint Building. Provide and replace faulty 500KVA 12,470-208/120V 30 Transformer. (e) Dates of Contract: August 10, 2018 — August 21, 2018 Example Protect #2: City of Phoenix Streetlight Maintenance Program (JOC) (a) Name of Client: City of Phoenix Street Transportation Department (b) Contact Name: Mr. Marcelino Nava (c) Contact Information: 200 W. Washington Street, 6th Floor Phoenix, AZ 85003 Phone: (602) 540-3943 Email: Marcelino.Nava(c Phoenix.gov (d) Type of Services Provided: Job Order Contract (JOC) under which UCC provided routine, non -routine, and emergency maintenance to City of Phoenix owned streetlight systems. UCC developed, deployed, and managed a web -based Computer Maintenance Management System (CMMS) to track all work associated with the JOC on behalf of the City. UCC was required to respond to all emergency work within 1 hour of receiving notification, 24 hours a day, 7 days a week. For the duration of the project, UCC actually averaged 45 minutes to respond to emergency work notifications. All work was completed within the COP right-of-way or public utility easement, at existing roadways and intersections. Inherently, this work is subject to a notable volume of vehicular or pedestrian traffic requiring special considerations for planning of work, scheduling, safety, and traffic control. UCC successfully implemented procedures to maintain safety for vehicular and pedestrian traffic, the general public, and UCC workers. UCC's procedures and policies also helped contribute to NO (ZERO) accidents for all job orders under GENERAL ELECTRICAL SERVICES -JOC STATEMENT OF QUALIFICATIONS TOWN OF FOUNTAIN HILLS UTILITY CONSTRUCTION COMPANY, INC. SOLICITATION NO. 2021-008 SEPTEMBER 24, 2020 � a�a �i0IIP3�rllO t�OII Company, r�o_ this JOC. UCC complied with all contract requirements including SBE utilization (exceeding the SBE goal), the use of Traffic Barricade Manual and COP Street Transportation requirements for TRACS permits. (e) Dates of Contract: January 1, 2014 — December 31, 2018 Example Project #3: Val Vista Villages RV Park Medium Voltage Electrical Upgrade (a) Name of Client: (b) Contact Name: (c) Contact Information Val Vista Villages Keith Volker 233 N. Val Vista Drive Mesa, AZ 85213 Phone: (480) 832-2547 Email: KeithV .cal-am.com (d) Type of Services Provided: Medium Voltage Electrical Upgrade — Phase 1, Phase 2, and Phase 3, consisted of: Replace and upgrade existing medium voltage electrical distribution at the property, with construction of new SES's 1, 2, and 3. (e) Dates of Contract: April 6, 2017 - April 6, 2020 Example Project #4: Good Life RV Resort Emergency Electrical Outage (a) Name of Client: (b) Contact Name: (c) Contact Information Good Life Resort Ralph Brothers 3403 E. Main Street Mesa, AZ 85213 Phone: (480) 832-4990 Email: RalphB(a)cal-am.com (d) Type of Services Provided: Emergency response to electrical outage at RV resort of unknown size and locations. UCC immediately dispatched crews to locate, diagnose, and troubleshoot electrical issues. During all steps and work activities, UCC followed make -safe measures as applicable including isolation of circuits, lock -out / tag -out, verification of absence of voltage, placement of grounding, use of PPE and implementation of other safety measures in accordance with NESC. UCC coordinated with and cooperated alongside utility service provider GENERAL ELECTRICAL SERVICES -JOC STATEMENT OF QUALIFICATIONS TOWN OF FOUNTAIN HILLS UTILITY CONSTRUCTION COMPANY, INC. 7 SOLICITATION NO. 2021-008 SEPTEMBER 24, 2020 � a�a COII19trliOt�OII Company, r�o_ (SRP) while on -site. UCC crews traced fault to two (2) damaged sections; in total six (6) cables needed to be repaired. Soft -dig excavation was utilized at the identified fault location; UCC continued with hand excavation until a sufficient work pit was created that completely exposed the damaged cables. UCC performed repairs which consisted of installation of a replacement piece of cable (2-3 LF) plus two splices; a total of twelve splices were required. After repairs were complete, UCC removed grounding cables to perform testing on the affected phases. When the results indicated that there was still a problem with the cabling, UCC worked diligently to identify reason for false 'fail' test results. Two transformers on the circuits that were not isolated were identified as the reason for the failed tests. After locating and isolating these 2 substation transformers, UCC re -tested the circuits and everything passed. (e) Dates of Contract: February 26, 2018 — February 27, 2018 (3) Arizona Contractor's Licenses Following is information for all current UCC licenses issued by the Arizona Registrar of Contractors applicable to the services proposed by UCC: Number Classification ROC 124023 General Commercial, A General Engineering First Issuance Date May 16, 1997 ROC 200356 General Commercial, A-17 Electrical and Transmission Lines September 26, 2004 ROC 122544 Specialty Commercial, L-11 Electrical May 14, 1997 (4) Additional Documentation Please let us know if you have any questions or require additional documentation. UCC will respond to any requests within 72 (or as specified) to assist the Town in its evaluation. Thank you. C. KEY POSITIONS: Table 1 below identifies each of UCC's proposed key personnel to be assigned to the project with information about each person's title and relevant experience. GENERAL ELECTRICAL SERVICES -JOC STATEMENT OF QUALIFICATIONS TOWN OF FOUNTAIN HILLS UTILITY CONSTRUCTION COMPANY, INC. SOLICITATION NO. 2021-008 SEPTEMBER 24, 2020 Co�truotion Company, Iuo_ Table 1 — UCC Key Personnel Name Title/Role Qualifications and Relevant Experience Greg Senior Project ■ AAS, Construction Management Hutchinson Manager / Program 0 20 Years' experience in construction and service Manager contracts ■ Currently serves as the Program Manager for UCC's Federal Contracts in New Mexico and Texas • Strong background in multiple trades and services • Oversees all of UCC's production work and contracts ■ 18 Years' experience in Management Roles, overseeing projects on every level Natalie Project Manager 0 6 Years' experience in construction and service Shaffer contracts ■ Served as UCC's Project Engineer for our 5-year City of Phoenix Streetlight Maintenance Contract, 2014- 2018 (25,000 work orders) — one of UCC's largest and most high -profile contracts ■ Served in Project Manager role for many of UCC's recent JOC contracts. ■ Skilled in organization and administration of project files. ■ Excellent customer service and professional writing skills Chad Electrical 0 Journeyman Electrical Graduate Harper Superintendent 0 Certified and licensed Electrician Certified Level I and II IMSA Traffic Signal Technician ■ OSHA -Certified ■ Lead Electrical Superintendent on many of UCC's recent JOCs, including those listed under B.(2) above. UCC Other Personnel With over 100 employees, UCC has a solid internal organization in place. All UCC employees have direct access to UCC President Suzette Nickum and UCC Program Manager Greg Hutchinson for the purpose of escalating any quality control or safety concerns. UCC will call upon any and all of its employees to support the requirements of the Town of Fountain Hills under this contract. GENERAL ELECTRICAL SERVICES -JOC STATEMENT OF QUALIFICATIONS TOWN OF FOUNTAIN HILLS UTILITY CONSTRUCTION COMPANY, INC. SOLICITATION NO. 2021-008 SEPTEMBER 24, 2020 Co�truotion Company, Iuo_ CONCLUSION UCC is genuinely excited about the opportunity to be of service to the Town of Fountain Hills on this JOC. Our 28 years of experience in the valley across many of the trades (services) included in this JOC makes us an ideal candidate for this contract. We have a strong background in JOCs and are experienced in effectively managing and successfully performing work under long term contracts. UCC has built a strong reputation within the valley of successfully performing on contracts of similar scope and value to this JOC. We have the personnel, experience, and commitment to make this JOC a success. After-hours, Weekends, and Holiday hours Under this solicitation, `Appendix B — 2.3 Scope of Work Under This Contract.' Electrical work will consist of, in part, emergency and after-hours' work. With a long history of service -based contracts, UCC has the business systems in place to successfully respond to emergency work requests. In the event of a need for after -hour, weekend, or Holiday hours, a minimum of two (2) hours at double-time pay hourly rate will apply. We look forward to being of service! Thank you very much for your consideration of Utility Construction Company, Inc. GENERAL ELECTRICAL SERVICES -JOC STATEMENT OF QUALIFICATIONS TOWN OF FOUNTAIN HILLS UTILITY CONSTRUCTION COMPANY, INC. 10 SOLICITATION NO. 2021-008 SEPTEMBER 24, 2020 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT 2020-008 IV. Vendor Information By submitting an SOQ, the submitting Vendor certifies that it has reviewed the entire RFQ, including Appendix A and Appendix B, if awarded the Agreement, agrees to be bound by all terms and conditions contained therein. Utility Construction Company, Inc. 86-0810765 VENDOR SUBMITTING SOQ FEDERAL TAX ID NUMBER Greg Hutchinson, Sr. Project Manager PRINTED NAME AND TITLE E NATURE 8435 East Baseline Rd, Suite 106 (480) 654-3100 (480) 654-8374 ADDRESS TELEPHONE FAX# Mesa Arizona 85209 CITY STATE ZIP ROC License Numbers and Classifications: Lines September 24, 2020 DATE E-MAIL ADDRESS: greg(d,)utilityconstructionco.com SMALL, MINORITY, DISADVANTAGED AND WOMEN -OWNED BUSINESS ENTERPRISES (check appropriate item(s): x Small Business Enterprise (SBE) Minority Business Enterprise (MBE) x Disadvantaged Business Enterprise (DBE) Women -Owned Business Enterprise (WBE) Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman -owned business enterprise? If yes, please provide details and documentation of the certification. Please see attached 945164.3 iv Transmission Call us: 602.712.7761 1 Email: AZUTRACS-Support@azdot.gov (mailto:AZUTRACS-Support@azdot.gov) A7U TRACS "`�, (/Home/) Arizona's Transportation Business Portal Search (DBE) Firm Directory (/Search) I Log in (/Account/Login) Home v Utility Construction Company, Inc. Firm Information w Firm Self Description w Firm Name: Utility Construction Company, Inc. Electrical Contracting, including electrical system equipment & install, traffic signals, DBA Name: street lights, airport lighting, construction of Firm www.utilityconstructionco.com utility water/sewer lines; Website: electrical/communication lines; airport Firm 8435 E Baseline Road, Ste runway construction, Boring, building Address: 106 Construction -Commercial Building, bus Mesa, Arizona 85209 shelter/terminal construction, Dust Control, Firm Maricopa earthwork, drill & excavating - grading, drill County shafts, Clearing & Grubbing, concrete Location: Cutting, poured concrete foundations & Firm Work View Map structures, curb, gutters, sidewalk, Territory: (/Location/MapLocationByld/11243) driveways; highway, streets & bridges; and site preparation, mobilization; trucking, Primary suzette Nickum Contact: water truck and dump truck services, Firm 480-654-3100 paving, asphalt trucking, pipe - roadways, Phone: sanitary, culverts, & storm drains, precast Firm Email: suzette@utilityconstructionco.com concrete, Rebar, reinforcing steel, structural steel. Broker for electrical equipment & Secondary Barbara Dehner wiring, construction materials, parts & Contact: products. Broker for brick, stone and related Secondary 480-654-3100 materials. Manufacture Light Fixtures, Phone: Secondary barbara@utilityconstructionco.com construction wholesale supplier. Email: Firm Registrations and Certifications AZ UTRACS 11243 Number: AZ UTRACS 7/2/2023 Renewal Date: DBE Certified: Yes ACDBE No Certified: SBC Registered: Yes Primary SBC NAICS: DBE/ACDBE Certified NAICS Codes and Descriptions w 236220 [4233201- Brick, Stone, and Related Construction Material Merchant Wholesalers / [2389101- Construction equipment (except crane) rental with operator / [237130] - Construction management, power and communication transmission line / [237110] - Construction management, water and sewer line / [484220] - Dump trucking (e.g., gravel, sand, top -soil) / [238210] - Electrical contractors / [237310] - Highway, Street, and Bridge Construction / [237990] - Other Heavy and Civil Engineering Construction / [2381101 - Poured Concrete Foundation and Structure Contractors / [238120] - Steel reinforcing contractors Firm Capabilities w ® Learn More Work Category Name Work Category Name Airport Runway Construction Lighting/Electrical System Airport Runway Lighting Equipment Boring Lighting/Electrical System Installation Building Construction - Commercial Building Manufacturer- Light Fixtures Bus Shelter/ Terminal Construction Mobilization Clearing & Grubbing -Building Paving - Asphalt - Trucking Demolition Pipe - Roadway Clearing And Grubbing - Tree Pipe - Sanitary Removal Pipe Culvert, Storm Drain Clearing And Grubbing (Not Tree Precast Concrete Removal) Rebar Concrete Cutting Reinforcing Steel Construction Wholesale Supplier Structural Steel Culverts Supplier/Broker - Construction Curb, Gutter, Sidewalk, Driveways Materials and Equipment (No Curbs & Gutters - installation) Building/Structures Demolition/Removal Supplier/Broker - Electrical Drill & Excavate Equipment (includes Light bulbs) Drilled Shafts Traffic Signals, Lighting, Fms (Equipment) Dust Control Traffic Signals, Lighting, Fms Earthwork (Installation) Electrical Truck Driver (except owner Excavating - Grading operators) Grading Truck Leasing with Driver Jacking, Boring Pipe /Construction equipment (except crane) rental with operator Trucking Utilities - Communication & Electrical Utilities - Water & Sewer Water Lines, Sanitary Sewer Contact Information For Participating UCP Members DO T Arizona Department of Transportation Business Engagement and Compliance Office 1801 W. Jefferson #101, MD154A Phoenix, AZ 85007 602.712.7761 44 City of Phoenix City of Phoenix Equal Opportunity Department Business Relations Division 251 W. Washington St. 7th Floor Phoenix, AZ 85003 602.262.6790 or 602.534.1557/TTY) City of Tucson Department of Procurement 255 W. Alameda, 6th Floor P.O. Box 27210 Tucson, AZ 85726-7210 520.791.4593 or 520.837.4000 Select Language This website is maintained by the Arizona Department of Transportation (http://azdot.gov). © 2020 - ADOT UTRACS Application Town of Fountain Hills Contract 2021-008E Final Audit Report 2020-11-18 Created: 2020-11-17 By: Jamie Salentine Osalentine@fh.az.gov) Status: Signed Transaction ID: CBJCHBCAABAANyNXiPvw2kvSGKtRJCeX-CAcuxKEgkxl "Town of Fountain Hills Contract 2021-008E" History Document created by Jamie Salentine Qsalentine@fh.az.gov) 2020-11-17 - 9:19:17 PM GMT- IP address: 184.178.192.162 Document emailed to natalie@utilityconstructionco.com for signature 2020-11-17 - 9:19:59 PM GMT Email viewed by natalie@utilityconstructionco.com 2020-11-17 - 9:25:57 PM GMT- IP address: 184.190.0.189 Document signing delegated to Suzette Nickum (suzette@utilityconstructionco.com) by natalie@utilityconstructionco.com 2020-11-17 - 9:28:29 PM GMT- IP address: 184.190.0.189 Document emailed to Suzette Nickum (suzette@utilityconstructionco.com) for signature 2020-11-17 - 9:28:29 PM GMT Email viewed by Suzette Nickum (suzette@utilityconstructionco.com) 2020-11-17 - 9:42:13 PM GMT- IP address: 174.26.149.49 dp Document e-signed by Suzette Nickum (suzette@utilityconstructionco.com) Signature Date: 2020-11-17 - 9:43:54 PM GMT - Time Source: server- IP address: 174.26.149.49 El Document emailed to David Pock (dpock@fh.az.gov) for approval 2020-11-17 - 9:43:55 PM GMT Email viewed by David Pock (dpock@fh.az.gov) 2020-11-17 - 9:47:33 PM GMT- IP address: 184.178.192.162 Document approved by David Pock (dpock@fh.az.gov) Approval Date: 2020-11-18 - 5:37:29 PM GMT - Time Source: server- IP address: 184.178.192.162 Document emailed to Aaron Arnson (aaron@piercecoleman.com) for signature 2020-11-18 - 5:37:32 PM GMT W]WER E�BY Adobe Sign Email viewed by Aaron Arnson (aaron@piercecoleman.com) 2020-11-18 - 5:40:44 PM GMT- IP address: 98.182.122.87 dp Document e-signed by Aaron Arnson (aaron@piercecoleman.com) Signature Date: 2020-11-18 - 5:40:54 PM GMT - Time Source: server- IP address: 98.182.122.87 C'► Document emailed to Grady E. Miller (gmiller@fh.az.gov) for signature 2020-11-18 - 5:40:56 PM GMT Email viewed by Grady E. Miller (gmiller@fh.az.gov) 2020-11-18 - 7:00:15 PM GMT- IP address: 184.178.192.162 dg Document e-signed by Grady E. Miller (gmiller@fh.az.gov) Signature Date: 2020-11-18 - 7:00:42 PM GMT - Time Source: server- IP address: 184.178.192.162 Document emailed to Elizabeth A. Burke (eburke@fh.az.gov) for signature 2020-11-18 - 7:00:44 PM GMT Email viewed by Elizabeth A. Burke (eburke@fh.az.gov) 2020-11-18 - 8:57:42 PM GMT- IP address: 184.178.192.162 Document e-signed by Elizabeth A. Burke (eburke@fh.az.gov) Signature Date: 2020-11-18 - 8:58:03 PM GMT - Time Source: server- IP address: 184.178.192.162 Agreement completed. 2020-11-18 - 8:58:03 PM GMT W]WER E�BY Adobe Sign