Contract No. 32600228- Hunter Contracting.pdf
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CONSTRUCTION CONTRACT
BETWEEN
CITY OF BUCKEYE
AND
HUNTER CONTRACTING CO.
CONTRACT NO. 32600228
THIS CONTRACT is entered into as of ____________________, by and between the CITY OF
Hunter Contracting Co., an Arizona corporation
Documents enumerated in Article 1 of the General Conditions of the Construction Contract.
In consideration of the mutual promises of the parties, the City and the Contractor agree as
follows:
1.
THE WORK:
IFB No. 32600228 Central Wastewater
Reclamation Facility (WRF) Basin A and Effluent Station Rehabilitation
s Finance Department and incorporated herein by reference, seeking bids from qualified
contractors for construction services. The Contractor submitted a Bid in response to the IFB (the
Exhibit B. The Contractor shall furnish all labor, materials,
equipment, and services, as more fully set forth in the Contractor Bid Forms, as required to complete
the Central Wastewater Reclamation Facility (WRF) Basin A and Effluent Station Rehabilitation project,
as more fully set forth in the Scope of Work.
2.
CONTRACT TIME: The Contractor shall commence the Work only if and when directed in
a written Notice to Proceed signed by the City. Substantial Completion, as defined herein, shall be
achieved within Three Hundred Sixty-Five (365) calendar days. In view of the difficulty or impossibility
Substantial
Completion by that date, as extended by any City approved Change Orders, the Contractor agrees to pay
and will pay to the City, in addition to all other sums pursuant to the Contract Documents, the sum of
One Thousand Seventy Dollars and Zero Cents ($1,070.00) for each calendar day of delay as liquidated
damages for such delay and not as a penalty. This sum may be withheld from the balance of the Contract
Price as it becomes due. Should liquidated damages exceed the Contract Price due or to become due,
then the Contractor shall pay the City the difference within three (3) days of receipt of written demand.
3.
CONTRACT PRICE: Subject to increases and decreases for Change Orders in accordance
with the Contract Documents, the City shall pay to the Contractor the following Contract Price, in
progress payments as provided in the Contract Documents: Two Million Three Hundred Twenty-Four
Thousand Seven Hundred Ninety-Six Dollars and Zero Cents ($2,324,796.00).
4.
BONDS: The Contractor shall provide the required Payment and Performance Bonds.
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5.
EXHIBITS: The following supplemental terms and conditions and/or documents are part
of this Contract and incorporated by reference:
A.
General Conditions of the Construction Contract.
B.
Contractor Bid Forms.
C.
Scope of Work.
D.
Insurance and Bonds
E.
Payment and Performance Bonds.
F.
Wage Determination AZ20260057
[SIGNATURE PAGE TO FOLLOW]
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Basin A and Effluent Station Rehabilitation
Contract No. 32600228
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
CITY:
CONTRACTOR:
CITY OF BUCKEYE,
HUNTER CONTRACTING CO.,
an Arizona Municipal corporation
an Arizona corporation
By:
By:
Its:_________________________________
Its:
ATTEST:
By:
Its:__________________________________
RECOMMENDED:
By:
Its:__________________________________
APPROVED AS TO FORM:
By:
Its:__________________________________
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EXHIBIT A
TO
CONSTRUCTION CONTRACT
BETWEEN
CITY OF BUCKEYE
AND
HUNTER CONTRACTING CO.
(General Conditions)
See following pages.
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Basin A and Effluent Station Rehabilitation
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GENERAL CONDITIONS
TABLE OF CONTENTS
ARTICLE 1 GENERAL DEFINITIONS
6
ARTICLE 2 INTENT
7
ARTICLE 3 CONTRACTOR
7
ARTICLE 4 OTHER CONTRACTORS AND COOPERATION
7
ARTICLE 5 SITE CONDITIONS AND ENVIRONMENTAL MATTERS
8
ARTICLE 6 PRODUCT SAMPLES, TESTS, AND CERTIFICATES
14
ARTICLE 7 AS-BUILT DRAWINGS
15
ARTICLE 8 SUPERINTEDENCE BY THE CONTRACTOR
15
ARTICLE 9 SUBCONTRACTS
16
ARTICLE 10 COMMUNICATIONS
17
ARTICLE 11 PERMITS, TAXES, AND FEES
17
ARTICLE 12 INSURANCE
18
ARTICLE 13 INDEMNIFICATION
18
ARTICLE 14 PROGESS AND SCHEDULING
18
ARTICLE 15 DAILY LOG
19
ARTICLE 16 MISCELLANEOUS DUTIES
19
ARTICLE 17 INSPECTION OF WORK
22
ARTICLE 18 CORRECTION OF WORK
23
ARTICLE 19 DELAYS AND TIME EXTENSIONS
24
ARTICLE 20 SUSPENSION OF WORK
26
ARTICLE 21 RIGHT TO STOP WORK
26
ARTICLE 22 CHANGES
27
ARTICLE 23 PAYMENT
28
ARTICLE 24 WARRANTY
30
ARTICLE 25 SUBSTANTIAL COMPLETION
31
ARTICLE 26 FINAL INSPECTION
32
ARTICLE 27 ASSIGNMENT OF CLAIMS
32
ARTICLE 28 DISPUTES
32
ARTICLE 29 FORUM
33
ARTICLE 30 TERMINATION BY THE CITY
33
ARTICLE 31 TERMINATION FOR CAUSE
33
ARTICLE 32 TERMINATION FOR CONVENIENCE OF THE CITY
36
ARTICLE 33 ASSIGNMENT OF CONTRACT
36
ARTICLE 34 LAW TO GOVERN
36
ARTICLE 35 E-VERIFY REQUIREMENTS
36
ARTICLE 36 FEDERAL IMMIGRATION LAWS AND REGULATIONS
37
ARTICLE 37 ISRAEL
37
ARTICLE 38 FORCED LABOR OF ETHNIC UYGHURS
37
ARTICLE 39 NOTICE
38
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ARTICLE 1
GENERAL DEFINITIONS
the public bid on the Contract.
Contractor, the General Conditions of the Construction Contract, any Supplemental Conditions
of the Construction Contract, the Drawings, the Specifications, the Performance and Payment
Bonds, the Project Manual, Addenda and Modifications.
Condition defined herein as substantial completion.
having no impact on c
of whether the Work is all or only a part.
forms, specifications, and description of the project.
with the Contract Documents so that the City can occupy or utilize the work or designated portion
thereof for the use for which it is intended.
items reasonably required to construct all or a portion of the Project according to the Contract
Documents.
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ARTICLE 2
INTENT
A.
The Contract represents the entire and integrated agreement between the City and the
Contractor, and it supersedes all prior oral or written negotiations, representations or
agreements. The Contract may only be changed by written modifications, and the Contractor
understands and agrees that if the Contractor proceeds with any work upon verbal request only,
Contractor is agreeing by his conduct that such work, or change in the work, constitutes a minor
change.
B.
The Contract Documents are to include all items reasonably necessary to construct the
Work, expressly or by inference. Words and abbreviations which have well-known technical, or
trade meanings are used in the Contract Documents in accordance with such recognized
meanings.
ARTICLE 3
CONTRACTOR
A.
The Contractor is the individual or legal entity identified in the Contract Documents who
is licensed to perform the Work under the laws of the State of Arizona. The Contractor shall only
use duly licensed Subcontractors in connection with the Work, subject to the provisions for City
approval contained in the Contract Documents.
ARTICLE 4
OTHER CONTRACTORS AND COOPERATION
A.
The City reserves the right to award other contracts related to the Project, or to perform
certain work itself. Such other work may or may not be known to the City or disclosed to the
Contractor prior to bidding this project. The Contractor shall afford the City and other contractors
reasonable opportunity for the introduction and storage of their materials and equipment and
the execution of their work, and shall properly coordinate its Work with theirs in such manner as
the City may direct. The Contractor shall also assure at its own cost reasonable access of other
contractors to the site and their work.
B.
Upon request of the Contractor, the City will provide the Contractor with a copy of all
plans, specifications, schedules and other data relating to other contracts or work. The
Contractor shall thoroughly examine these documents and shall within three (3) days of
completing such examination notify the City in writing of any conflicts with the Work to be
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performed by the Contractor. In no event shall such notice be given so late as to interfere with
or delay the work to be performed by the Contractor. Failure of the Contractor to request, review,
or provide written notice as provided above shall constitute a waiver of any objections or claims
other activities.
C.
Should the Contractor sustain any damage through any act or omission of any other
contractor, Contractor shall have no claim or cause of action against the City for such damage
and hereby waives any such claim. The Contractor does not waive any claim or cause of action
against any other contractor or subcontractor to recover any and all damages sustained by
in this section shall be defined to include, but not be limited to, any reasonable delay on the part
of any such other contractor, whether due to negligence, gross negligence, inadvertence or any
other cause.
D.
Should the Contractor cause damage to the work or property of any other contractor or
of the City, the Contractor shall upon receiving due notice, promptly attempt to settle with such
other contractor by agreement, repair or otherwise to resolve the dispute. If such separate
contractor sues or initiates a proceeding against the City on account of any damage alleged to
have been caused by the Contractor, the City shall notify the Contractor who shall, to the fullest
extent permitted by law, indemnify and hold harmless for, from, and against defend such
proceedings, and if any judgment or award against the City arises there from the Contractor shall
pay or satisfy it and shall reimburse the City for all
the City has incurred.
ARTICLE 5
SITE CONDITIONS AND ENVIRONMENTAL MATTERS
A.
The Contractor shall thoroughly acquaint himself with all available information
concerning the conditions of the Work and is responsible for correctly and fully estimating the
difficulty and cost of successfully performing the Work.
B.
The Contractor agrees that it has thoroughly examined the site, plans and specifications,
boring data and all other soils information and as-built data made available and by submission of
the bid herein avows that it has satisfied itself as to the character, quality and quantity of surface
and subsurface materials or existing obstacles to be encountered. The Contractor acknowledges
that boring data and other soils information and as-built data made available is only a general
indication of materials and/or conditions likely to be found adjacent to holes bored or in existing
structures or facilities or other areas. If the Contractor determines that the information is
erroneous, inadequate or ambiguous, it shall immediately report its conclusions to the City in
writing. If the Contractor determines that the information is erroneous, inadequate, or
ambiguous, and after reporting its conclusions to the City, remains dissatisfied or uninformed,
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the Contractor shall refrain from submitting a bid, or if the Contractor does submit a bid, the
Contractor shall be deemed to have waived any claim it may have as the result of the alleged
erroneous, inadequate or ambiguous information.
C.
The Contractor must promptly notify the Owner and the Architect in writing of any
apparent errors, inconsistencies, omissions, ambiguities, construction impracticalities or code
Documents including
any differences between actual and indicated dimensions, locations and descriptions, and must
give the Owner and the Architect timely notice in writing of same and of any corrections,
clarifications, additional Drawings or Specifications, or other information required to define the
Work in greater detail or to permit the proper progress of the Work. The Contractor must provide
similar notice with respect to any variance between its review of the Site and physical data and
Site conditions observed.
If the Contractor performs any Work involving an apparent error, inconsistency, ambiguity,
construction impracticality, omission or code violation in the Contract Documents of which the
Contractor is aware, or which could reasonably have been discovered by the review required by
this section, without prompt written notice to the Owner and the Architect and request for
correction, clarification or additional information, as appropriate, the Contractor does so at its
own risk and expense and all claims relating thereafter are specifically waived.
D.
The Contractor shall immediately, and before such conditions are disturbed, notify the
City in writing of:
1.
Subsurface or latent physical conditions encountered at the site which differ
materially from those indicated in the Contract and which were not known by the Contractor or
could not have been discovered by careful examination and investigation of the information
available at bid time and which could adversely affect the timely performance of the Work or its
cost; or
2.
Unknown and unexpected physical conditions at the site, of an unusual nature,
differing materially from those ordinarily encountered in the locale or generally recognized as
inherent in Work of the character provided for in the Contract.
E.
The City shall within ten (10) days, or such other reasonable time as necessary, investigate
the conditions discovered. If the City find that conditions are so materially different as to support
an equitable adjustment in the Contract Price or the Contract Time, this will be done by written
Change Order. If the City determine that no Change Order will be issued, the Contractor shall
continue with the Work at no additional cost and under no change in Contract Time.
F.
No claim by the Contractor for an increase in the Contract Price or Contract Time
hereunder shall be allowed without proper advance notice and an adequate opportunity for the
City to investigate.
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G.
Environmental Matters: Contractor shall provide or cause to be provided a copy of this
Section (Environmental Matters) to each Subcontractor and each Sub-subcontractor
participating in the Work.
1.
Definitions. The following terms will have their respective designated meanings:
Environmental Law
and court decisions (federal, state and local) now or hereafter in effect and as in effect from time
to time and as amended from time to time pertaining to environmental conditions or to
protection or regulation of the environment (including, without limitation, the Comprehensive
Environmental Response Compensation and Liability Act of 1980, as amended (42 U.S.C. Section
9601, et seq.); the Resource Conservation and Recovery Act of 1976 and the Solid Waste Disposal
Act (42 U.S.C. 6901, et seq.); the Toxic Substances Control Act of 1976 (15 U.S.C. Section 2601, et
seq.); the Superfund Amendments and Reauthorization Act of 1986, Title III (42 U.S.C. Section
11001 et seq.); the Clean Air Act (42 U.S.C. Section 7401, et seq.); the Federal Water Pollution
Control Act (33 U.S.C. Section 1251, et seq.); the Safe Drinking Water Act (42 U.S.C. Section 300f,
et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 5101, et seq.); the Oil
Pollution Act (33 U.S.C. Section 2701 et seq.); the Arizona Environmental Quality Act (A.R.S.
Section 49-101, et seq.); the Arizona Underground Storage Tank Act (A.R.S. Section 49-1001, et
seq.); the Arizona Water Quality Assurance Revolving Fund Act (A.R.S. Section 49-281, et seq.)
and any successor statutes to the foregoing and any regulations, rules or guidelines promulgated
pursuant thereto.)
Hazardous Substance
other petroleum product, flammable substance, volatile organic compound, volatile solvent,
explosive, asbestos, polychlorinated biphenyl, dioxin, toxic herbicide or pesticide, radioactive
material, radon gas and materials containing formaldehyde; (ii) any material, substance or waste
substanc
any other material, substance or waste now or hereafter classified or r
listed in the United States Department of Transportation Table (49 CFR 172.101) or classified by
the United States Environmental Protecti
successor or replacement tables or classifications as in effect from time to time; and (v) any
Hazardous Waste.
Hazardous Waste
Recovery Act of 1976 and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and any successor
statutes and any regulations, rules or guidelines promulgated pursuant thereto as in effect from
time to time (including, without limitation, any such waste resulting from removal of, demolition
of, modifications of or additions to part or all of any existing structure, facility or equipment).
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Contractor Hazardous Waste
that is generated by the acts or omissions of Contractor, a Subcontractor or any Sub-
subcontractor (including, without limitation, a Contractor Release) and that is not City Hazardous
Waste.
City Hazardous Waste
property at commencement of the Work, and (ii) that has become Hazardous Waste due to any
part of the Work. However, City Hazardous Waste does not include any Hazardous Substance
that has become a Hazardous Waste due to any Contractor Release.
Project Hazardous Waste
Work (including, without limitation, Contractor Hazardous Waste and City Hazardous Waste),
regardless of: (a) whether generated by the acts or omissions of City, Contractor, a Subcontractor
or a Sub-subcontractor; (b) whether
property at commencement of the Work and that have become Hazardous Waste in the course
property for or during the Work by Contractor, a Subcontractor or a Sub-subcontractor and that
have become Hazardous Waste in the course of the Work.
OSHA
and any successor statutes and any regulations, rules or guidelines promulgated pursuant thereto
as in effect from time to time.
Release
leaching, leaking, pouring, pumping, releasing, spilling, or similar action or event.
Contractor Release
from acts or omissions of Contractor or any Subcontractor or Sub-subcontractor or their
employees or workers. However, Contractor Release does not include Releases of pre-existing
which Contractor, Subcontractors and Sub-subcontractors acted reasonably.
H.
General Requirements.
1.
Compliance with Environmental Law and OSHA. Contractor shall comply with, and
shall cause all Subcontractors and Sub-subcontractors to comply with, this section and with all
Environmental Law and OSHA applicable to (i) Contractor, (ii) Subcontractors, (iii)
Subsubcontractors, (iv) the Work and (v) all of their activities in respect of the Work.
2.
Hazardous Substances. (i) Hazardous Substances may be transported to and from
to be usual and customary for performance of the Work. (ii) Hazardous Waste may be generated
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and customary in connection with performance of the Work. Hazardous Waste so generated may
tion of the Work, Contractor
Environmental Law and OSHA any Hazardous Substances (other than Project Hazardous Waste)
r used in connection with the Work. (iv) Other
than as provided in (i), (ii) and (iii), Contractor shall not, and Contractor shall cause all
Subcontractors and Sub-subcontractors to not, dispose of, generate, manufacture, process,
produce, Release, treat o
property any Hazardous Substance, regardless of whether the Hazardous Substance is preexisting
3.
Releases of Hazardous Substances. Upon any Release of any Hazardous Substance
in connection with the Work, whether relating to a pre-
example, arising from any demolition of, modification of, or addition to any structure, facility or
equipment) or relating to acts or omissions of Contractor, a Subcontractor or a Sub
subcontractor, Contractor shall take any immediate action reasonably necessary to contain the
Release. City may elect to have Contractor control and carry out any containment, clean-up,
removal and remediation activity. Alternatively, City shall have the right to elect to control and
carry out any containment, clean-up, removal and remediation activity. Regardless of who takes
the actions, Contractor shall absorb, without reimbursement from City, all costs and expense
incurred by Contractor in connection with any Contractor Release. In addition, Contractor shall
pay or reimburse City for all costs and expenses incurred by City relating to any Contractor
Release. If the amount is not paid promptly, City may offset the amount against any amount
payable by City to Contractor under the Contract Documents or otherwise. Remediation,
removal, and other cleanup action arising from any Release shall be in full compliance with
Environmental Law and OSHA and shall be subject to approval by City. In addition, City may
require remedial, removal or other cleanup action in excess of applicable minimum requirements
of Environmental Law and OSHA (A) as reasonably necessary or appropriate in the judgment of
City to permit huma
and (B) as reasonably consistent in the judgment of City with such habitation and uses.
4.
Hazardous Waste. City will arrange for handling, storage and disposal of any
Project Hazardous Waste. On an interim basis until City can make arrangements, Contractor shall
assure proper handling (including, without limitation, segregation from waste that is not
Hazardous Waste) and storage of Project Hazardous Waste in full compliance with Environmental
and Contractor will promptly pay such amount to City. If the amount is not paid promptly, City
may offset the amount against any amount payable by City to Contractor under the Contract
Documents or otherwise.
5.
upon occurrence of any of the following: (i) any discovery by Contractor, a Subcontractor or any
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Sub-subcontractor of any Hazardous Substance in any existing structure, facility or equipment on
the Work; (iii) the creation or generation of any Hazardous Waste resulting from the Work
(including, without limitation, Hazardous Waste arising from the removal of, demolition of,
modification of, or addition to any existing structure, facility or equipment); (iv) the need for any
remediation or removal of any Hazardous Substance relating to the Work whether relating to a
pre-
or a Sub-subcontractor; or (v) any claim, demand, inquiry, investigation, litigation or other action
or proceeding by any governmental authority or other person relating to any Hazardous
Substance, Hazardous Waste, Environmental Law or OSHA relating to the Work. Except for
immediate action to contain any Release of any Hazardous Substance and except for interim
handling and storage of Project Hazardous Waste, Contractor shall not take any action as to any
matter in (i), (ii), (iii), (iv) or (v) without the prior written approval of City and City shall have the
right to elect to control and carry out any such action or matter.
6.
Other Asbestos. Contractor and each Subcontractor and Sub-subcontractor to
comply with all requirements of Environmental Law and OSHA concerning any other asbestos in
the Work area.
I.
Construction Site Safety Requirements: Contractor shall have sole responsibility and
liability for construction site safety. Without limiting other actions in this regard, Contractor shall,
and shall cause each Subcontractor and Sub-subcontractor to, comply with worker health and
safety requirements in Environmental Law and OSHA. In addition, Contractor shall take all
reasonable necessary and appropriate steps to assure the health and safety of persons occupying
any part of the facility in which the Work site is located or in the vicinity of or passing by the Work
site and shall also take all reasonable necessary and appropriate steps to protect from damage
or destruction the property of City and other persons in any part of the Facility in which the Work
site is located or in the vicinity of or passing by the Work site. Among other actions in this regard
Contractor shall comply with the requirements of the applicable fire code.
J.
Environmental, Health and Safety Concerns by Contractor, Subcontractors or
Subsubcontractors. If in the course of the Work, any environmental, health or safety concern
exists or arises, whether relating to a Hazardous Substance, OSHA or otherwise, then the Work
activities related to the concern must be discontinued until the concern is resolved. This means
prior to disturbing a suspected Hazardous Substance or otherwise interacting with a potential
Work shall not resume until approval has been provided by City. Close coordination will be
maintained between City and Contractor so the Project schedule is impacted the least amount
possible.
K.
Scope of Indemnity. The indemnity in Article 13 of this Contract includes any claim by any
person that City is responsible or liable for any of the following arising from the acts or omissions
of Contractor, any Subcontractor, any Sub-subcontractor or any of their employees or other
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workers relating to the Work: (i) any violation of Environmental Law or OSHA; (ii) any failure by
Contractor, any Subcontractor or any Sub-subcontractor to perform or comply with any
obligation or requirement in this Article, (iii) any Contractor Release of any Hazardous Substance;
(iv) any improper disposition of any Hazardous Substance or Hazardous Waste; (v) any claim by
any employee, agent, independent contractor or other worker of Contractor, any Subcontractor
or any Sub-subcontractor and any claim by any other person of personal injury, death or property
damage arising from any Contractor Release of any Hazardous Substance or arising from any
failure by Contractor, any Subcontractor or any Sub-subcontractor to comply with any
Environmental Law or OSHA or this section.
ARTICLE 6
PRODUCT SAMPLES, TESTS, AND CERTIFICATES
A.
The Contractor shall furnish Product Samples of all items requested or required by the
City. Product Samples shall be properly identified and submitted with such promptness as to
cause no delay in Work or in the work of any other contractor and to allow time for consideration
by the City. The City will review Product Samples.
B.
Each Product Sample must be accompanied by a letter of transmittal containing the
following information:
1. Date of Submission
2. Name of Project
3. Location of Project
4. Branch of Work (Specification Section Number)
5. Project Number
6. Name of Submitting Contractor
7. Name of Subcontractor
C.
The Contractor shall furnish to the City a certificate stating that material or equipment
submitted complies with Contract Documents. If a certificate originates with the manufacturer,
the Contractor shall endorse it and submit it to the City together with a statement of compliance
in its own name.
D.
No tests, inspections or approvals performed or given by the City or others acting for the
City or any agency of Federal, State or Local government nor any acts or omissions by the City in
administering this Contract shall relieve the Contractor from its duty to perform the Work in
accordance with the Contract Documents and applicable law.
E.
expense, rejected samples will be destroyed.
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F.
After delivery of materials, the City may make such tests as it deems necessary, with
samples required for such tests being furnished by and at the cost of the Contractor. Any test is
for the benefit of the City and shall not relieve Contractor of the responsibility for providing
quality control measurements to assure that Work strictly complies with the Contract
Documents. No test shall be construed as implying acceptance of materials, work, workmanship,
equipment, accessories or any other item or thing.
G.
On the basis of the test results, materials, workmanship, equipment or accessories may
be rejected even though general approval has been given. If items have been incorporated in
Work, the City shall have the right to cause their removal and replacement by items meeting
Contract Document requirements or to demand and secure appropriate reparation to the City
from the Contractor.
ARTICLE 7
AS-BUILT DRAWINGS
A.
Prior to Substantial Completion, the Contractor shall complete and turn over to the City
the As-Built Drawings. The As-Built Drawings shall consist of a set of drawings which indicate all
field changes that were made to adapt to field conditions, changes resulting from contract
Change Orders and all buried and concealed installation of piping, conduit and utility services. All
buried and concealed items both inside and outside the facility shall be accurately located on the
As-Built Drawings as to depth and in relationship to not less than two permanent features such
as interior or exterior wall faces. The As-Built Drawings shall be clean and all changes, corrections
and dimensions shall be given in a neat and legible manner in a contrasting color.
B.
For any changes or corrections in the Work that are made subsequent to Substantial
Completion, revisions shall be submitted to the City prior to Final Payment.
ARTICLE 8
SUPERINTENDENCE BY THE CONTRACTOR
A.
The Contractor shall have a competent superintendent on the site at all times during the
superintendent shall have such assistants with such individual specialized competencies
including, but not limited to, CPM scheduling, as may be necessary to fully understand and
oversee all aspects of the Work. The superintendent and his assistants all shall be physically fit
for their Work and capable of going to all locations where Work is being performed. A
communication to the superintendent or his designated assistants by the City is binding upon the
of accidents
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at the site. The Commercial Construction Safety Code of the Arizona Industrial Commission shall
apply to all Work, and a copy of the Code shall be available at the site.
B.
The Contractor shall at all times enforce strict discipline and good order among the
workers on the Project and shall not employ or continue to employ any unfit person on the
Project or any person not skilled in the work assigned to him. The Contractor shall be responsible
to the City for all acts and omissions of its employees, Subcontractors, Suppliers, anyone whom
the Contractor may allow to perform or inspect or supervise any Work, and their agents and
employees together with anyone whom the Contractor may allow on or in the Project site. In
addition, if the Contractor receives written notice from the City to dismiss those subcontractors
or employees or one who is a hindrance to proper or timely execution of the Work
and replace the same without delay to the Project and at no additional cost to the City.
C.
The Contractor shall competently and thoroughly direct and superintend all of the Work
and shall be solely responsible for all construction safety, means, methods, techniques,
sequences and procedures. It shall coordinate and schedule all Work under this contract, the
performance of all its employees, Subcontractors, and Suppliers, and the timely procurement of
all necessary labor, materials, equipment, supplies, and all else needed to do the Work.
ARTICLE 9
SUBCONTRACTS
A.
The Contractor shall supply with its bid to the City a written list of all proposed
subcontractors and suppliers. The City will promptly reply to the Contractor in writing stating
whether the City, after due investigation, has any objection to any such proposed subcontractor
or supplier. The Contractor shall not employ any subcontractor or supplier against whom the City
has reasonable objection. If, prior to the award of the Contract, the City has a reasonable
objection to any subcontractor or supplier and refuses in writing to accept such person or
organization, the apparent low bidder may, prior to the award, either withdraw his bid without
forfeiture of bid security or may propose an acceptable substitution thereof provided that same
results in no change in the bid price. Failure of the bidder to submit an acceptable substitute in a
timely manner shall render its bid nonresponsive.
B.
No substitution or change shall be made by the Contractor in the subcontractor/supplier
list after its submission to the City without prior written approval by the City. Unapproved or
discretion, thereby rendering the Contract voidable.
C.
All work performed for the Contractor by a subcontractor shall be pursuant to an
appropriate written agreement which specifically binds the subcontractor to all applicable terms
and conditions of the Contract Documents, but no contractual relationship shall exist between
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any subcontractor or supplier of any tier and the City, unless the City invokes the assignment
provisions of the following subsection. Upon request, the Contractor shall provide fully executed
copies of any subcontracts and purchase orders to the City.
D.
The Contractor hereby assigns to the City (and its assigns) all its interest in any
subcontracts and purchase orders now existing or hereinafter entered into by the Contractor for
performance of any part of the Work, which assignment will be effective upon termination of the
Contract by the City and only as to those subcontracts and purchase orders which the City
assumes in writing. All subcontracts and purchase orders shall provide that they are freely
assignable by the Contractor to the City and its assigns. Such assignment is part of the
consideration to the City for entering into this Contract with the Contractor and may not be
withdrawn prior to final completion.
E.
The City may require each proposed subcontractor whose subcontract will exceed
$100,000.00 to furnish a performance bond and a payment bond on City-approved forms in the
full amount of its subcontract. The City will reimburse the Contractor for the documented cost of
ires such bonds by
the subcontractor.
ARTICLE 10
COMMUNICATIONS
A.
All project notices, requests, instructions, modifications, approvals, and claims must be in
writing, unless expressly specified otherwise in the Contract.
B.
Communications will be deemed to have been made if delivered in person or if mailed to
the address designated in the Contract or otherwise agreed upon by the parties.
ARTICLE 11
PERMITS, TAXES, AND FEES
A.
The Contractor shall secure and pay for any necessary building permits and for all other
permits, fees, licenses and inspections necessary for the proper execution and completion of the
Work, and shall immediately deliver copies to the City. The Contractor shall be responsible for
complying with all applicable Federal, State and local laws, codes, notice requirements, and
regulations applicable to the site and prosecution of the Work. Contractor shall be responsible
for and pay any costs associated with or arising from any non-compliance.
B.
The Contractor shall pay all taxes for and related to the Work or its portion thereof which
are legally enacted at the time bids are received, whether or not yet effective.
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ARTICLE 12
INSURANCE AND BONDS
See Exhibit D
ARTICLE 13
INDEMNIFICATION
A.
To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold
Owner, its officers, agents and employees, harmless for, from and against any and all claims,
lawsuits, judgments, costs and expenses for personal injury (including death), property damage
or other harm for which recovery of damages is sought, suffered by any person or persons, that
Contract, or by any negligent, grossly negligent or strictly liable act or omission of Contractor, its
officers, agents, or employees, in the performance of this Contract; except that the indemnity
provided for in this paragraph shall not apply to any liability resulting from the sole negligence or
fault of Owner, its officers, agents, employees or separate contractors. The provisions of this
paragraph are solely for the benefit of the parties hereto and are not intended to create or grant
any rights, contractual or otherwise, to any other person or entity.
ARTICLE 14
PROGRESS AND SCHEDULING
A.
Planning, scheduling and progress monitoring are essential functions of the Contractor.
Within ten (10) days after the award of the Contract, the Contractor shall prepare and submit for
the City a Schedule of Values allocating the Contract Price among the various portions of the
Work for purposes of progress payments. The Schedule of Values shall be substantially equivalent
to AIA Forms G702 and G703 or as specified by the City.
B.
The Contractor shall also furnish the City with a Narrative Report corresponding with each
monthly update which shall include a description of current and anticipated problem areas,
delaying factors and their impact, fragmentary networks (fragnet) of delays, and an explanation
of corrective action taken or proposed. If the Project is behind schedule in any month, the
thirty days to put the Work back on schedule.
C.
The Contractor shall employ and supply a sufficient force of workers, material and
equipment, and shall prosecute the Work with such diligence so as to maintain the rate of
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progress indicated on the Progress Schedule, to prevent work stoppage, and to ensure
completion of the Project within the Contract Time.
D.
The Contractor shall be responsible to prepare, submit and maintain the schedules and
Narrative Reports indicated above, and the failure to do so may be considered a material breach
of this Contract. Any additional or unanticipated cost or expense required to maintain the
ARTICLE 15
DAILY LOG
A.
The Contractor shall maintain a daily log of construction activities for each calendar day
of the Contract Time, using a form approved by the City. The Contractor shall document all
activities at the Project site, including:
1. Weather conditions showing the high and low temperatures during work hours, the
amount of precipitation received on the job site, and any other weather conditions
which adversely affect Work at the site;
2. Soil conditions which adversely affect Work at the site;
3. The hours of operation by Contractor and individual Subcontractor personnel;
4. The number of Contractor and Subcontractor personnel present and working at the
site, by subcontract and trade, and updated schedule activity number.
5. The equipment active or idle at the site;
6. A description of the Work being performed at the site, by updated schedule activity
number.
7. Any delays, disruptions or unusual or special occurrences at the site;
8. Materials received at job site; and
9. A list of all visitors at the site.
B.
The Contractor shall provide copies of the daily logs to the City on a weekly basis. The
daily log does not constitute written notice to the City when such notice is required by the
Contract Documents.
ARTICLE 16
MISCELLANEOUS DUTIES
A.
The Contractor shall submit to the City upon request all payrolls, reports, estimates,
records and any other data concerning Work performed or to be performed and concerning
materials supplied or to be supplied, as well as Subcontractor payment applications and each
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in all contracts between the Contractor and its Subcontractors.
B.
During construction and for five (5) years after Final Payment, the Contractor shall retain
and shall also require all Subcontractors to retain for review and/or audit by the City all
correspondence, meeting minutes, memoranda, electronic media, books, accounts, reports, files,
time cards, material invoices, payrolls, and evidence of all communications, direct and indirect
costs, and all other matters related to the bidding and performance of the Work.
C.
Upon request by the City, a legible copy or the original of any or all such records shall be
produced by the Contractor at any time during or after construction as the City may request.
D.
The Contractor shall be responsible for laying out its own Work and for any damage which
inaccuracies. The Contractor shall also be responsible for unloading, uncrating, storing and
handling all materials and equipment to be erected or placed by it, whether furnished by the
Contractor or others.
E.
The Contractor, Subcontractors, and Suppliers shall be responsible for taking all
appropriate field measurements prior to fabrication and installation of any item. Such
measurements shall be taken sufficiently in advance so as to avoid any delay or potential delay.
Failure to adhere to this provision shall render such delays the responsibility of the Contractor.
F.
Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers,
hardware, accessories, wiring, conduit, ductwork, trim and other parts required for or in
connection with any item or material to make a complete, serviceable, finished and quality
installation shall be furnished and installed as part of the item whether or not expressly called
for by the Drawings or Specifications.
G.
All materials shall be shipped and stored and handled in a manner that will afford
protection and ensure their being in factory-new condition at the time they are incorporated in
the Work. After installation, they shall be properly protected against damage or deterioration
until Final Completion of the Project.
H.
When standards and specifications issued by The American Society of Testing and
Materials, the American Institute of Steel Construction, the U.S. Department of Commerce
(Commercial Standards), or other technical or standard setting organizations are cited in the
Contract Documents, such standards or specifications (and all related standards or specifications)
shall be equally as binding and have the full force and effect as though incorporated word for
word. Unless otherwise specifically stated, the standards and specifications referred to shall be
the latest edition or revision of such specifications that is in effect on the date of the public bid.
I.
Any part of the Work damaged during installation or prior to final acceptance of Work
shall be repaired so as to be unnoticeable and to be equal in quality, appearance, serviceability
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and other respects to an undamaged item or part of the Work. Where this cannot be fully
accomplished the damaged item or part shall be replaced. After installation, all exposed surfaces
and parts of an item or of the Work shall be cleaned in a manner that will not damage the finish
or any of the parts of the item, so that the completed work is left in first class condition, free of
at the expense of Contractor.
J.
The Contractor shall procure and furnish to the City all guarantees, warranties, manuals,
product literature. Guaranties and warranties shall commence as of the date of Substantial
Completion of the Project.
K.
The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits
or claims for infringement of any patent rights and shall save the City harmless from loss on
account thereof, except that the City shall be responsible for loss attributable when a particular
design, process or the product of a particular manufacturer or manufacturers is specified. If the
Contractor has any reason to believe that the design, process or product specified could be an
infringement of a patent, it shall be responsible for such loss unless it promptly gives such
information in writing to the City.
L.
The Contractor shall limit its operations to the confines of the Project, except as necessary
to connect to existing utilities, and shall not, without the prior written permission of the affected
property City, and encroach on property outside the site. Contractor shall not permit
unauthorized persons or activities on the site and shall maintain the site in a safe and secure
manner.
M.
The Contractor shall prearrange time with the City whenever it becomes necessary to
interrupt any service to make connections, alterations or relocations and shall fully cooperate
with the City in doing Work so as to cause the least annoyance and interference with the
ventilating, air conditioning or electrical disconnections which may affect portions of this
construction or building or any other building must be coordinated with the City to avoid any
disruption of operation within the building or construction or other building or utilities. In no
case, unless previously approved in writing by the City, shall utilities be left disconnected at the
end of a workday or over a weekend. Any interruption of utilities, whether negligently,
or from liability for loss or damage caused by such interruption even though such loss or damage
was not foreseeable by Contractor or subcontractor, or from responsibility for repairing and
restoring the utility to normal service. Repairs and restoration shall be made before the workmen
responsible for the repair and restoration leave the job.
N.
The Contractor at all times shall keep the premises free from accumulation of waste
materials or rubbish caused by his operations. If the Contractor fails to properly clean up during
construction, or if a dispute arises between the Contractor and/or separate Contractors as to
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their responsibility for cleaning up, the City may clean up and charge the costs thereof to the
Contractors responsible as determined by the City. At the completion of the work he shall remove
all his waste materials and rubbish from and about the Project as well as all his tools, construction
equipment, machinery and surplus materials. If the Contractor fails to clean up at the completion
of the work, the City may do so and the cost thereof shall be charged to the Contractor.
ARTICLE 17
INSPECTION OF WORK
A.
All Work done and all materials are subject to inspection by the City to determine if they
conform to the Contract Documents. The City shall at all times have access to the Work, including
materials being fabricated or stored off site. The Contractor shal
any facilities necessary for sufficient and safe access to the Work.
B.
Inspections, tests, measurements, or other acts of the City are for the sole purpose of
assisting the City in determining that the Work, materials, rate of progress, and quantities comply
shall not relieve the Contractor from performing the Work in full compliance with contract
requirements nor relieve the Contractor from any of the quality, compliance and responsibility
for the Work assigned to it by the Contract Documents. No inspection by the City shall constitute
or imply acceptance or waiver of rights.
C.
Nonconforming Work or materials may be rejected and Contractor shall correct such
rejected Work without additional compensation, even if the Work or materials have been
previously inspected or accepted by the City or even if the City failed to observe the unsuitable
Work or materials.
D.
Any Work required to be inspected by the City prior to being covered, which is covered
up without prior inspection or without prior consent of the City, must be uncovered and
recovered by the Contractor, if requested by the City, at no cost to City, notwithstanding the
provisions of the following subsection.
E.
Contractor shall notify the City in writing at least 48 hours prior to the time at which the
City must be present to perform an inspection. Failure to provide such notice will place the
Contractor at risk for all consequences of non-inspection and having to uncover work.
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ARTICLE 18
CORRECTION OF WORK
A.
If any portion of the Work is covered over contrary to the request of the City or as required
by the Contract or the applicable building standards, it must be uncovered for observation at the
B.
If any portion of the Work, other than those portions required to be inspected by the City
prior to being covered, has been covered over, the City may request that it be uncovered for
observation. If such portion is found to be in accordance with the requirements of the Contract
Documents, the cost of uncovering it shall be charged to the City as a Change Order. If such
portion is found not to be in accordance with the requirements of the Contract Documents, the
Contractor shall bear such costs.
C.
The Contractor shall promptly remove from the site and replace any material or correct
any Work found by the City to be defective or failing to conform to the requirements of the
Contract, whether or not fabricated, installed or completed, and whether discovered before or
after Substantial Completion. The Contractor shall bear all costs of correcting such Work or
material, including the cost of necessary additional professional services and the cost of repairing
or replacing all work of separate contractors or subcontractors damaged by such removal or
correction. The City shall notify the Contractor immediately in writing upon its knowledge that
additional professional services will be necessary and of the extent and estimated costs of the
additional services. The City may consent to accept such Work or material with an appropriate
adjustment in Contract Price.
D.
If the Contractor does not promptly replace or correct such Work or material, the City
may replace or correct the Work or material, and charge or deduct the cost of removal and
replacement from any monies due to the Contractor, or recover such costs from the Contractor.
E.
If, within two (2) years after the date of Substantial Completion, any of the Work is found
to be defective or not in accordance with the requirements of the Contract, the Contractor shall
correct it promptly after receipt of a written notice from the City to do so. If the Contractor does
not promptly replace or correct such Work or material, the City may replace or correct the Work
or material, and charge or deduct the cost of removal and replacement from any monies due to
the Contractor, or recover such costs from the Contractor. Nothing contained in this section shall
be construed to establish a period of limitation with respect to any obligation of the Contractor
under the Contract or the law. The obligation of the Contractor under this section shall be in
addition to and not in limitation of any obligations imposed by special guaranties or warranties
required by the Contract, given by the Contractor, or otherwise recognized or prescribed by law.
F.
If, during the running of a guarantee or warranty period, the Contractor must perform
repair work to any portion of the Work, the running of the warranty or guarantee period is tolled
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from the time the defect or deficiency is discovered through the time when the Contractor
successfully completes all repairs and retesting and start-up activities.
ARTICLE 19
DELAYS AND TIME EXTENSIONS
A.
If the Contractor is delayed at any time in the progress of the Work by any act or neglect
of the City, or by any separate Contractor employed by the City, or by changes in the Work, or by
labor disputes, fire, unusual delay in transportation, unusually severe weather conditions,
adverse soil conditions, unavoidable casualties, delays specifically authorized by the City, or by
r
negligence of the Contractor or Subcontractor or Supplier at any tier, then the Contract Time
shall be extended by Change Order for such reasonable time as the City may determine that such
event has delayed the critical path of the Work or individual milestone or overall completion of
the Work after considering the advice of the City, if the Contractor complies with the notice and
documentation requirements set forth below. The Contractor shall pay any additional fees or
costs incurred by the City as the result of delays caused by the Contractor for circumstances not
excused as provided herein.
B.
Initial notice of any delay in the Work shall be made in writing to the City immediately but
in no event later than 24 hours after discovery of the event giving rise to the delay. Then,
Contractor shall provide additional details of the delay in writing to the City within seven (7)
calendar days from the beginning of the delay. Failure to meet these time requirements shall
absolutely bar any and all later claims. The detailed notice shall indicate the cause of the delay,
the anticipated length of the delay, the probable effect of such delay upon the progress and cost
of the Work, and potential mitigation plans. If the cause of the delay is continuing, the Contractor
must give written notice every month at the same time it submits the updated progress Narrative
Report to the City. Within fifteen (15) days after the elimination of any such delay, the Contractor
shall submit further documentation of the delay and, if applicable, a formal written request
covering an extension of time for such delay. The written request for time extension shall state
analysis of the Progress Schedule, including a fragnet and any other data demonstrating a delay
in the critical path of the Work or individual milestone or the overall project completion. If the
Contractor does not comply with the notice and documentation requirements set forth above,
the claim for delay is absolutely barred.
C.
If the Contractor incurs damages related to expenses caused by a delay for which the City
is solely responsible, which is unreasonable under the circumstances, and which was not
contemplated by the parties at the time of formation of this Contract, then the parties shall
notified the City in writing as specified above, including why the City is believed by the Contractor
to be solely responsible for the delay. Failure to provide such timely notice shall be deemed an
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absolute and final waiver of any rights to additional sums. Any disputes will be resolved in
accordance with the City of Buckeye Procurement Code, as amended or superseded.
D.
The Contractor shall have no right to claim for alleged extended or unabsorbed home
office overhead; claims for delays shall be limited to provable extended site costs.
E.
The date of beginning and the time for completion as specified herein are ESSENTIAL
CONDITIONS of this Contract; and it is further mutually understood and agreed that the Work
embraced in this Contract shall be commenced on a date to be specified in the notice to proceed
or at a preconstruction meeting, but in no event later than ten (10) days after the execution of
this Contract, whichever first occurs. Said Work shall be prosecuted regularly, diligently, and
without interruption at such rate of progress as will ensure full completion thereof within the
time specified. The time for completion of the same takes into consideration the average climatic
range and usual industrial conditions prevailing in this locality. If the Contractor shall neglect, fail
or refuse to complete the Work within the time herein specified, or any extension thereof
granted by the City, then the Contractor does hereby agree to pay to City the per diem amount
specified in the Contract. This amount is agreed to be liquidated damages for such breach and
not a penalty therefore. The per diem amount shall be paid for each and every calendar day that
the Contractor shall be in default after the time stipulated in the Contract for completing the
Work. The amount is fixed and agreed upon by and between the Contractor and City because of
the impracticality and extreme difficulty of fixing and ascertaining the actual damages the City
would in such event sustain. Said sums may be withheld by the City from any amounts due to the
Contractor from the City, whether as the result of this Contract or any other obligation between
the City and the Contractor.
F.
The parties hereby agree that if the Contractor submits an original or updated schedule
which shows the project and/or individual Milestone(s) completing earlier than required by the
adjusted contractual completion date(s), the differences between the forecasted early
completion and the required completion shall be considered Project-owned float available for
use by both the City and the Contractor.
G.
The Contractor shall not sequester shared float through such strategies as extending
activity duration estimates to consume available float, using preferential logic, using extensive
crew/resource sequencing, etc. Since float time within the schedule is jointly owned, no time
extensions will be granted nor delay damages paid until a delay occurs which extends the work
beyond the adjusted Contract completion date. Since float time within the Construction Schedule
is jointly owned, it is acknowledged that City-caused delays on the project may be offset by City-
caused time savings (i.e., critical path submittals returned in less time than allowed by the
Contract, approval of substitution requests which result in a savings of time to the Contractor,
etc.). In such an event, the Contractor shall not be entitled to receive a time extension or delay
damages until all City-caused time savings are exceeded and the Contract completion date or
milestone date is also exceeded.
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H.
It is agreed that no time extensions shall be granted nor delay damages paid unless the
delay is clearly demonstrated by the updated Construction Schedule current as of the month the
change was issued or the delay occurred and which delay cannot be mitigated, offset, or
eliminated through such actions as revising the intended sequence of work or other reasonable
means.
ARTICLE 20
SUSPENSION OF WORK
A.
The City may, at any time and without cause, order the Contractor in writing or cause the
Contractor to suspend, delay or interrupt all or any part of the Work for such period of time as
the City may determine to be appropriate for its convenience. Equitable adjustment shall be
made for any increase in the Contract Time necessarily caused by such suspension or delay by
written Change Order.
ARTICLE 21
RIGHT TO STOP WORK
A.
If the Contractor fails to correct defective Work as required, or fails to carry out the Work
in accordance with the Contract Documents, the City by written notice, may order the Contractor
to stop the Work or any portion of the Work, until the cause for the order has been eliminated
to the satisfaction of the City.
B.
The City may stop Work without written notice for 24 hours whenever in its professional
opinion such action is necessary or advisable to ensure conformity with the Contract Documents.
The Contractor shall not be entitled to an adjustment in the Contract Price or Contract Time
under this subsection. The right of the City to stop the Work shall not give rise to a duty on the
part of the City to exercise this right for the benefit of the Contractor or others.
C.
The Contractor has no right to stop Work as a consequence of non-payment. In the event
to payment, the Contra
agreement. The Contractor must diligently proceed with the Work pending resolution of the
Claim. If, however, an Application for Payment has been approved for payment by the Owner,
and the Owner fails to make payment within sixty (60) days of the approval for payment by the
Owner, the Contractor may upon ten (10) days written notice to the Owner, stop work if payment
is not made by the Owner within ten (10) days following the notice.
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ARTICLE 22
CHANGES
A.
After this Contract is signed, Modifications in the Contract Price, the Contract Time or
Scope of the Work may only be made by written Change Order.
B.
By written directive at any time, the City may make any changes within the general scope
of the Contract or issue additional instructions, require additional or modified Work or direct
deletion of Work. The Contractor shall not proceed with any change involving an increase or
decrease in cost or time without prior written authorization from the City and shall proceed in
accordance with the procedures set forth in this section. If the Contractor proceeds with any
change involving an increase or decrease in cost or time without written authorization as
required by this paragraph, the Contractor hereby waives all rights or claims Contractor may have
urety
C.
The cost or credit to the City resulting from a change in Work shall be determined in one
or more of the following ways:
1. By unit prices stated in the Contract.
2. By cost, as defined below, properly itemized and supported by sufficient, substantiating
data to permit evaluation, plus a fee of ten percent (10%) of items (a) through (h) described
below. Such costs shall be itemized by crafts as defined within the schedule of values and limited
to the following items directly allocable to the change in the Work:
(a) Cost of materials, including delivery but excluding Subcontractor-supplied
materials.
(b) Fully-burdened cost of labor, including, but not limited to, payroll taxes, social
security, old age and unemployment insurance, vacation and fringe benefits required by
(c) Rental value of equipment and machinery to be established by rental receipts
and not to exceed reasonable and customary rates for the locale of the Work. For owned
equipment, contractor must prove reasonable rental rate pursuant to actual ownership
costs.
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insurance and bond premiums as applicable. Insurance and bond premium cost shall not
above; the parties agree that this mark-up shall fully cover all contractor field supervision
overhead.
(2%), or documented cost.
(g) Sales tax at full value.
(h) If this method of cost or credit calculation is selected, in no event shall the
combined total fee including all levels or tiers of Subcontractors exceed twenty percent
(20%) of the total cost of paragraphs (a), (b), (c) and (d). Field supervision is to be excluded
at all levels for the purposes of the limit imposed by this paragraph.
3. By mutual acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation; provided that such lump sum shall not exceed that
amount calculated under item 2 above.
D.
If none of the above methods is agreed upon, the Contractor shall promptly proceed with
performing the change, upon receipt of a written order signed by the City. Any dispute regarding
the pricing methodology or cost of the change shall not relieve the Contractor from proceeding
with the change as directed by the City. The cost or credit to the City shall be determined by the
City on the basis of the preceding subsection.
E.
A fully executed Change Order shall be full and final settlement of all claims for direct,
indirect, delay, disruption, inefficiency and any other consequential costs related to items
covered or affected, as well as time extensions. Any such claim not presented by the Contractor
for inclusion in the Change Order is irrevocably waived.
F.
In an emergency affecting the safety of life, or of the structure, or of adjoining property,
the Contractor, without special instruction or authorization from the City, is permitted to act at
its discretion to prevent threatened loss or injury. Any compensation claimed by the Contractor
on account of such emergency work shall be determined in accordance with this section.
ARTICLE 23
PAYMENT
A.
Payments on account of the Contract Price will be made monthly as Work progresses.
Payment Applications, covering labor, material, equipment, supplies, and other items completed,
delivered, or suitably stored on site during a period ending on the last calendar day of each
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month, shall be submitted to the City by the Contractor on the current edition of AIA Documents
G702 and G703, within five (5) days after end of the period. Payment Applications shall be
notarized, shall be supported by such data substantiating the Contrac
the City may require, and reflect retainage, if any, as is provided. All payments shall be subject to
any offset or retainage provisions of the Contract.
B.
Each payment made to the Contractor shall be on account of the total amount payable to
the Contractor, and title to all Work covered by a paid partial payment shall thereupon pass to
the City. Nothing in this section shall be construed as relieving the Contractor from the sole
responsibility for care and protection of materials and Work upon which payments have been
made, for restoration of any damaged Work, or as a waiver of the right of the City to require
fulfillment of all terms of Contract Documents.
C.
The City, within seven (7) days after receipt of the Payment Application, will either issue
a Certificate for Payment for such amount as is properly due or issue written notice of the reasons
for withholding such a certificate.
D.
The issuance of a Certificate for Payment will constitute a representation by the City,
observations at the site and the data comprising the Payment Application, that the Work is in
accordance with the Contract Documents (subject to an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, to the results of any subsequent
tests required by or performed under the Contract Documents, to minor deviations from the
Contract Documents correctable prior to completion, and to any specific qualifications stated in
the certificate); and that the Contractor is entitled to payment in the amount certified.
E.
Payment may be withheld in whole or in part to protect the City on account of:
1. Unsatisfactory job progress as determined by the City.
2. Defective Work or materials not remedied.
3. Disputed Work or materials.
4. Claims or other encumbrances filed or reasonable evidence indicating probable filing
of claims or other encumbrances by Subcontractors or Suppliers, or others.
5. Failure of the Contractor to make payment to Subcontractors or Suppliers within
seven (7) days after receipt of each progress payment.
6. A reasonable doubt as determined by the City that the Work can be completed for the
unpaid balance of the Contract Price or within the Contract Time.
7.
Contractor Documents, or any other Contract with the City.
8. Deficiencies or claims asserted by City against Contractor arising from any other
project. Within fourteen (14) days following the receipt of the Certificate of Payment,
the City shall pay to the Contractor the value of the Work in place and materials
suitably stored at the site. The remaining 10% shall be retained by the City until the
Contract is 50% completed at which time the retainage shall be reduced to 5%;
provided that: (a) the Contractor is making satisfactory progress on the Contract; and
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
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Hunter Contracting Co.
amount than 5% to be retained. Thereafter, the City shall pay the Contractor 95% of
the value of the Work, unless and until it determines satisfactory progress is not being
made, at which time the 10% retainage may be reinstated. Such 10% reinstatement
would be 10% of the total contract value of Work in place and materials stored. The
F.
Within sixty (60) days after the issuance of the Certificate of Final Completion by the City
and receipt of all other documents required by the Contract, all retained amounts shall be paid
to Contractor as part of Final Payment:
1. The Final Payment shall not become due until the Contractor delivers to the City full
and final unconditional releases from Subcontractors and major Suppliers acknowledging
payment in full. Any claim filed thereafter shall be the responsibility of the Contractor.
2. If any claim remains unsatisfied after all payments are made, the Contractor shall
immediately upon demand refund to the City all monies that the latter may be compelled to pay
G.
If any payment of the Contract Price is not made within thirty (30) days and without just
cause, interest shall thereafter accrue on the unpaid principal balance at the minimum rate
allowed by state law (A.R.S. § 44-1201) on the due date.
ARTICLE 24
WARRANTY
A.
The Contractor warrants that all materials and equipment furnished under this Contract
will be new unless otherwise specified, and that all Work will be free from faults and defects and
in strict conformance with the Contract Documents.
B.
of all or a portion of the Premises by the City shall constitute an acceptance of Work not
performed in accordance with the Contract Documents or relieve the Contractor or its sureties
of liability with respect to any warranties or responsibility for faulty materials and workmanship.
C.
This warranty shall continue for a period of 1 year from the date of final acceptance of
the work. If the City takes possession of any part of the work before final acceptance, this
warranty shall continue for a period of 1 year from the date the City takes possession.
D.
The Contractor or its sureties shall remedy any defects in the Work and any resulting
damage to the Work or the Work of others at its own expense.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
30
Hunter Contracting Co.
E.
The Contractor shall be liable for correction of all damage resulting from defective Work.
If the Contractor fails to remedy any defects or damage, the City may correct the Work or repair
the damages and the cost and expense incurred in such event shall be paid by or be recoverable
from the Contractor.
F.
The warranties provided in this section shall be in addition to and not in limitation of any
other warranty or remedy provided by law or by the Contract Documents.
ARTICLE 25
SUBSTANTIAL COMPLETION
A.
When the Contractor requests a substantial completion inspection for the Work or a
validity of the request. A list of items to be completed or corrected shall be prepared by the
Contractor and presented to the City with the request for inspection. By submitting a request for
Substantial Completion Inspection the Contractor thereby certifies that it has performed a
thorough inspection of the Project in preparing the list of items to be completed or corrected,
has consulted with its subcontractors, and that the remaining incomplete or defective work shall
be completed within thirty (30) days of submission of the request. The City shall evaluate the
or delete items from the list necessary to complete the work. The failure to include items on any
punch list shall not alter the responsibility of the Contractor to complete all Work in accordance
with the Contract Documents. By submitting a request for Substantial Completion Inspection, the
Contractor thereby certifies that the remaining incomplete or defective Work required by the
Contract Documents shall be completed within thirty (30) days.
B.
If the City, on the basis of Substantial Completion Inspection, determines that the Work
has been substantially completed in accordance with the Contract Documents, then the City will
prepare a Certificate of Substantial Completion, which shall establish the date of Substantial
Completion; shall state the responsibilities of the Contractor for remaining punchlist items,
maintenance, heat and utilities, security, and damage to the work; and shall fix the time, not to
exceed thirty (30) days, within which the Contractor shall complete the punch list. The Certificate
of Substantial Completion shall be submitted by the City to the Contractor for their written
acceptance of the responsibilities assigned to them in such Certificate. The Project shall not be
deemed substantially complete until the Certificate is issued irrespective of City occupancy.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
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Hunter Contracting Co.
ARTICLE 26
FINAL INSPECTION
A.
When the Contractor submits in writing to the City a request for a final inspection of the
Work, the City shall determine the validity of the request. Following the inspection, if there are
items to be completed or corrected, the City will determine the dollar value to be withheld in
accordance with the retainage provisions of the Contract. In the event that the Contractor has
not completed the punch list items within the time designated in the Certificate of Substantial
Completion, the City retains the right to have these items corrected at the expense of the
Contractor, including all architectural, engineering and inspection costs and expenses incurred
by the City.
B.
The City shall not be required to release the retainage until such items have been
completed and inspected.
ARTICLE 27
ASSIGNMENT OF CLAIMS
A.
The City and Contractor recognize that in actual economic practice overcharges resulting
from antitrust violations --
-- are in fact borne
by City. Therefore, the Contractor hereby assigns to City any and all claims for such overcharges.
The Contractor in all subcontracts shall require all Subcontractors to likewise assign all claims for
overcharges to the City.
ARTICLE 28
DISPUTES
A.
determination, by written notice, not more than seven (7) days from the occurrence of the event
which gives rise to the dispute, or not more than seven (7) days from the date that the Contractor
knew or should have known of the problem. Unless the claim is made in accordance with these
time requirements, it is irrevocably waived. The City shall render a written decision within a
reasonable time.
Procurement Code, as amended or superseded. Any claim not timely filed or not complete at the
time of filing is irrevocably waived.
B.
Any failure of the City to make a decision within the time limit set forth shall not be
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
32
Hunter Contracting Co.
agreed in writing, the Contractor shall carry on the Work and maintain its progress during any
claims and controversy proceedings, and the City shall continue to make payments to the
Contractor in accordance with the Contract Documents.
ARTICLE 29
FORUM
A.
No suit or action shall be commenced hereunder by any claimant other than in the
Arizona Superior Court, and only after all contractual and administrative procedures have been
fulfilled. By submitting a bid for this project, Contractor agrees to be bound by the City of Buckeye
Procurement Code Dispute Resolution Procedures and waives any objections to those
procedures.
ARTICLE 30
TERMINATION BY THE CITY
A.
This Contract may be terminated by the City under the conditions stated in A.R.S. § 38-
511.
ARTICLE 31
TERMINATION FOR CAUSE
A.
The City may terminate the Contract upon the occurrence of any one or more of the
following events:
1. If the Contractor refuses or fails to prosecute the Work, or any separable part, with
such diligence as will ensure its completion within the Contract Time; or if the Contractor fails to
complete the Work within the Contract Time;
2. If the Contractor or any of its key subcontractors is adjudged a bankrupt or insolvent or
makes a general assignment for the benefit of creditors, or if the Contractor or any of its key
reorganize under the bankruptcy or similar laws concerning the Contractor or any of its key
subcontractors, or if a trustee or receiver is appointed for the Contractor or any of its key
and the Contractor or its successor in interest or any of its key subcontractors does not provide
adequate assurance of future performance in accordance with the Contract within ten (10) days
after receipt of a request for assurance from the City;
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
33
Hunter Contracting Co.
3. If the Contractor fails to supply a sufficiently skilled workforce or suitable materials or
equipment;
4. If the Contractor fails to make prompt payments to subcontractors or suppliers at any
tier, or for labor, materials or equipment;
5. If the Contractor fails to comply with laws, ordinances, rules, codes, regulations, orders
or similar requirements of any public entity having jurisdiction;
6. If the Contractor fails to follow any reasonable instructions by the City;
7. If the Contractor performs Work which deviates from the Contract Documents, and
neglects or refuses to correct rejected Work; or
8. If the Contractor otherwise violates in any material way any provisions or requirements
of the Contract Documents. Once the City determines that sufficient cause exists to justify the
action, the City may terminate the Contract without prejudice to any other right or remedy the
Declaration of Default. The City shall have the sole discretion to permit the Contractor to remedy
Contract.
B.
If the Contract is terminated, the City may take over the Work and prosecute it to
completion, by contract or otherwise, and may exclude the Contractor from the site. The City
s, construction
equipment, machinery, materials, and plant which may be on the site of the Work, and use the
same to the full extent they could be used by the Contractor, without liability to the Contractor.
possession of all materials and equipment stored at the site or for which the City has paid the
Contractor but which are stored elsewhere, and finish the Work as the City deems expedient. In
such case, the Contractor shall not be entitled to receive any further payment until the Work is
finished.
C.
If the unpaid balance of the Contract Price exceeds the direct and indirect costs and
expenses of completing the Work, and all City damages including liquidated damages and
compensation for additional professional and consultant services, such excess shall be used to
pay the Contractor for the cost of the Work it performed and a reasonable allowance for
overhead and profit. If such costs exceed the unpaid balance, the Contractor shall immediately
upon demand pay the difference to the City
completion of the Work, the City shall have the right to exercise its sole discretion as to the
manner, methods, and reasonableness of the costs of completing the Work, and the City shall
not be required to obtain the lowest figure for Work performed in completing the contract. If the
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
34
Hunter Contracting Co.
City takes bids for remedial Work or completion of the project, the Contractor shall not be eligible
for the award of such contracts.
D.
Surety not utilize the Contractor in performing the Work. Upon the failure or refusal of the
demand, the City may take over the Work and prosecute it to completion as provided above.
E.
The City shall have the option of requiring any, all or none of the Subcontractors to
perform according to their subcontracts and may assign any or all of the subcontracts to a general
contractor selected to complete the Work.
F.
If the City takes over the Work, unexecuted orders entered into by the Contractor for
performance of any part of the Work will be effective upon acceptance by the City in writing and
only as to those subcontracts and purchase orders which the City designates in writing.
G.
The Contractor shall be liable for any damage to the City resulting from the termination
repair and completion of the Project over and beyond the amount of the Contract. The Contractor
shall be liable for all legal fees and costs required to enforce the provisions of the Contract.
H.
If the City terminates the Contract, the Contractor shall remain liable for liquidated
damages for delay until such reasonable time as may be required for final completion of the
Work. Such damages shall be in addition to and not in lieu of any other damages sustained by
City in completing the Work.
I.
In the event the Contract is terminated, the termination shall not affect any rights of the
City against the Contractor. The rights and remedies of the City under this section are in addition
to any other rights and remedies provided by law or under this Contract. Any retention or
payment of monies to the Contractor by the City will not release the Contractor from liability.
J.
If the Contract is terminated under this section, and it is determined for any reason that
the Contractor was not in default under the provisions of this Section, the termination shall be
deemed a Termination for Convenience of the City and, the rights and obligations of the parties
ence
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
35
Hunter Contracting Co.
ARTICLE 32
TERMINATION FOR CONVENIENCE OF THE CITY
The City, by written notice to the Contractor, may terminate this Contract in whole or in part
when sufficient appropriated or other funds are not available or in the sole discretion of the City
for Convenience, the Contractor shall be
paid for all Work executed and reasonable termination expenses, and a reasonable allowance for
profit and overhead on Work done, provided that such payments exclusive of termination
expenses shall not exceed the total Contract Price as reduced by other contract payments
previously made to the Contractor and as further reduced by the value of the Work as yet not
completed. The Contractor shall not be entitled to profit and overhead on Work, which was not
performed.
ARTICLE 33
ASSIGNMENT OF CONTRACT
Contractor shall not assign any amount or part of the Contract or any of the funds to be received
under the Contract unless Contractor has the prior written approval of the City and the
t to any such assignment.
ARTICLE 34
LAW TO GOVERN
This Contract is made under and shall be construed in accordance with the laws of the State of
Arizona. If any portion of this Contract is found to be unenforceable the rest and remainder of
the Contract shall remain in full force and effect so as to effectuate the intent of the parties. Each
party acknowledges that it has had an opportunity to review this Contract with counsel and this
document shall be construed fairly and equitably so as to effectuate the intention of the parties
irrespective of who is determined to have been the drafter of the document.
ARTICLE 35
E-VERIFY REQUIREMENTS
To the extent applicable under A.R.S. §41-4401, the Contractor and its subcontractors or
subconsultants warrant compliance with all federal immigration laws and regulations that relate
to their employees and compliance with the E-Verify requirements under A.R.S. §23-214(A). The
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
36
Hunter Contracting Co.
be deemed a material breach of this Contract and may result in the termination of this Contract
by the City.
ARTICLE 36
FEDERAL IMMIGRATION LAWS AND REGULATIONS
Under the provisions of A.R.S. § 41-4401, Contractor warrants to the City that Contractor and all
Immigration laws and regulations that relate to their employees and, further, that Contractor and
its Secondaries now comply with A.R.S. § 23-214.A. Consultant acknowledges that pursuant to
A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach
of this Contract subject to penalties up to and including termination of this Contract. The City
retains the legal right to inspect the employment records of the Contractor and its Secondaries
to ensure compliance with this warranty. Contractor agrees to indemnify, defend and hold City
harmless for, from and against all losses and liabilities arising from any and all violations of these
statutes.
ARTICLE 37
ISRAEL
Pursuant to A.R.S. § 35-393.01, Contractor certifies that it is not currently engaged in, and agrees
for the duration of the Contract to not engage in, a boycott of Israel, or any entity that does
business in Israel or any territories controlled by Israel.
ARTICLE 38
FORCED LABOR OF ETHNIC UYGHURS
Pursuant to A.R.S. § 35-394, Contractor certifies that it does not, and will not for the duration of
the Contract, use the forced labor, any goods or services produced by the forced labor, or any
contractors, subcontractors, or suppliers that use the forced labor or any goods or services
produce
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
37
Hunter Contracting Co.
ARTICLE 39
NOTICE
Notice: Any formal notice required under this Contract shall be in writing and sent by certified
mail or email with receipt confirmation as follows:
City:
Contractor:
Finance Department
Hunter Contracting Co.
City of Buckeye
701 N. Cooper Road
530 E. Monroe Avenue
Gilbert, Arizona 85233
Buckeye, Arizona 85326
Attn: Robert Carlson, Senior Vice President
contracts@buckeyeaz.gov
Email: bobc@huntercontracting.com
With a copy to:
City Attorney
City of Buckeye
530 E. Monroe Avenue
Buckeye, Arizona 85326
legal@buckeyeaz.gov
Formal notices can be sent alternatively to the addresses listed above via certified mail.
END OF SECTION
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
38
Hunter Contracting Co.
EXHIBIT B
TO
CONSTRUCTION CONTRACT
BETWEEN
CITY OF BUCKEYE
AND
HUNTER CONTRACTING CO.
(Contractor Bid Forms)
See following pages.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
39
Hunter Contracting Co.
SECTION 300
BID FORMS
BID
IFB No.
32600228
Project Name:
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Date:
__________________________________
Bid from:
__________________________________
(Name of Firm)
To:
City of Buckeye
The following bid is made for construction services for the City of Buckeye, Arizona, in accordance with
Construction Documents. The undersigned certifies that the Construction Documents, as well as the
proposed construction site and conditions affecting the Work have been carefully examined; that the
amount and nature of the Work to be done is thoroughly understood; and that at no time will
misunderstanding of the drawings, specifications, or conditions to be overcome be pleaded.
The undersigned certifies that he or his firm is currently licensed under the provisions of
ARS Sections 32-1151 and 32-1169. The undersigned further certifies that he or his firm has a privilege
license pursuant to ARS Section 42-5005.
The undersigned has read Section 2, "Instructions to Bidders", paragraph "Sales and Use Tax" and
understands that all sales and use taxes applicable to this project are included in all bid prices. The
undersigned has read the Construction Contract between the City of Buckeye and Contractor, and will
execute said agreement if awarded the Contract. Any exceptions to the terms and conditions have
been stated in writing and submitted on a separate sheet with this bid. The undersigned understands
that any exceptions taken to the Construction Contract that are not accepted and/or approved by the
City may be a basis for rejection of the Bid as nonresponsive.
RECEIPT BY THE UNDERSIGNED OF THE FOLLOWING AMENDMENTS IS HEREBY ACKNOWLEDGED:
AMENDMENT NUMBER: ___________________
DATED: ________________
AMENDMENT NUMBER: ___________________
DATED: ________________
AMENDMENT NUMBER: ___________________
DATED: ________________
AMENDMENT NUMBER: ___________________
DATED: ________________
Central Wastewater Reclamation Facility (WRF) Basin A
and Effluent Station Rehabilitation
IFB No. 32600228
12
06/05/2026
Hunter Contracting Co.
1
2
05/28/2026
05/20/2026
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
40
Hunter Contracting Co.
Name of Organization: __________________________________
(Check One)
Corporation___
Partnership___
Individual___
Joint Venture___
Other___
Submitted by:
___________________________________
SIGNATURE:
___________________________________
NAME:
___________________________________
TITLE:
___________________________________
Principal Office:
___________________________________
Address:
___________________________________
___________________________________
Telephone:
___________________________________
Email:
___________________________________
___________________________ being duly sworn deposes and says that he/she is the
_______________________ of ______________________ Contractor(s), and that answers to the
foregoing questions and all statements therein contained are true and correct.
Subscribed and sworn before me this ___________day of ________________, 20__
Notary Public: _____________________________________________
My Commission Expires: _________day of _______________________, 20__
Central Wastewater Reclamation Facility (WRF) Basin A
and Effluent Station Rehabilitation
IFB No. 32600228
13
5th
June
26
19th
August 28
Hunter Contracting Co.
X
Hunter Contracting Co.
Robert S Carlson
Senior Vice President
Hunter Contracting Co.
701 N. Cooper Rd
Gilbert AZ 85233
480-892-0521
602-359-1323 (cell phone)
bobc@huntercontracting.com
Robert S Carlson
Senior Vice President
Hunter Contracting Co.
Jackie Johnson
orn before me
me this ______
_______
__________
____
____
____
_ ___________
pires: _____
______
__da
d y of
o _______
5th
19
1 th
August
ckie Johns
n on
on
____
_ ____
_ ____
__
__
__
__
______
__
__
__
__
__
__
__
__
____
____
__
__
__
____
_ ___
_____
____
___
____
___
_____
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
41
Hunter Contracting Co.
BASE BID:
The undersigned proposes to complete all of the Work in accordance with said Scope of Work and all
associated amendments for the sum of:
____________________________________________________Dollars
(__________________).
Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words
shall govern.)
*The Bid Table has been uploaded as a separate document to the solicitation page for the IFB under
the City͛ s Procurement Portal website. Contractors are to include the completed bid table as part of
their bid package. See Bid Table ʹ IFB No. 32600228.
END OF SECTION
Central Wastewater Reclamation Facility (WRF) Basin A
and Effluent Station Rehabilitation
IFB No. 32600228
14
$2,324,796.00
Two Million Three Hundred Twenty-four Thousand Seven Hundred Ninety-Six
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
42
Hunter Contracting Co.
Hunter Contracting Co.
Proposal for:
Item No.
Description
Unit
Quantity
Unit Price
Total
1
Rehabilitation of the Mixed Liquor Return (MLR) pumping system and piping. Replace current 25hp Hydrostol pumps with Flygt
pumps (similar to Basin "C") for equipment standardization and continuity. Palletize and relocate current equipment to storage
area.
LS
1.00
$477,148.00
$477,148.00
2
Purchase and installation of a new Sanitaire or equivalent fine bubble air systems for basins 3, 4, 5, 6, and 9.
LS
1.00
$269,592.00
$269,592.00
3
Installations of new mixing pump assemblies for basins 1, 2, 3, 7, and 8 (Flygt or approved equal).
LS
1.00
$310,201.00
$310,201.00
4
Installation of new Dissolved Oxygen (DO) sensors and control units for all required basins: 1, 2, 3, 4, 5, 6, 7, 8, and 9 (HACH or
approved equal).
LS
1.00
$353,090.00
$353,090.00
5
Purchase and installation of new 20hp Flygt Return Activated Sludge (RAS) pumps 1 thru 3 for RAS station.
LS
1.00
$221,555.00
$221,555.00
6
Purchase and installation of new mud valves for basins 3, 4, and 7.
LS
1.00
$45,628.00
$45,628.00
7
Purchase and installation of new control sluice gates in front of basin 3.
LS
1.00
$0.00
$0.00
8
Remove current 250hp Kaeser blower and purchase and replace with 1 new Aerzen blower of equal size and CFM (3,019 SCFM
at 11 PSIG).
LS
1.00
$518,407.00
$518,407.00
9
Conduct start up and training for operation staff related to the new and rehabilitated equipment realted to Basin "A"'s operation.
LS
1.00
$29,175.00
$29,175.00
10
Owner's Contingency
LS
1.00
$100,000.00
$100,000.00
$2,324,796.00
Central Wastewater Reclamation Facility (WRF) Basin A and Effluent Station Rehabilitation
Total
*The City reserves the right to award the listed bid items in whole or in part. The total overall bid shall be a determining factor in identifying the lowest, responsive and responsible bidder.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
43
Hunter Contracting Co.
701 N. COOPER ROAD, GILBERT, AZ 85233
PH: 480.892.0521 FX: 480.892.4932
6930 N. CAMINO MARTIN, TUCSON, AZ 85741
WWW.HUNTERCONTRACTING.COM
3580 W. INA ROAD, SUITE 170, TUCSON, AZ 85741
ARIZONA ROC070961 ͻ ROC067542 ͻ ROC075851 ͻ ROC023057
To:
City of Buckeye
RE:
IFB No. 32600228
Project Name:
Central Wastewater Reclamation Facility (WRF) Basin A and
Effluent Station Rehabilitation
Assumptions & Clarifications:
Includes:
Excludes:
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
44
Hunter Contracting Co.
SECTION 400
BID SUBMITTAL FORM
IFB No. 32600228: Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Company Name: ___________________________________________________________
Authorized Representative:
Title:
Address:
Phone Number:
Email Address:
Website Address:
The undersigned Offeror͛ s declares to have read and fully understand the IFB, Draft Construction
Contract and agrees to all the terms, conditions, and provisions contained therein; and proposes and
agrees that if this Bid is submitted and accepted, consultant will contract to perform in accordance
with the Scope of Work and Bid.
Signature of Authorized Representative: ______________________________
Printed Name of Authorized Representative: ___________________________
Date:
END OF SECTION
Central Wastewater Reclamation Facility (WRF) Basin A
and Effluent Station Rehabilitation
IFB No. 32600228
15
Hunter Contracting Co.
Robert S Carlson
Senior Vice President
701 N. Cooper Rd, Gilbert AZ 85233
480-892-0521
bobc@huntercontracting.com
huntercontracting.com
Robert S Carlson, Senior Vice President
06/05/2026
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
45
Hunter Contracting Co.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
46
Hunter Contracting Co.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
47
Hunter Contracting Co.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
48
Hunter Contracting Co.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
49
Hunter Contracting Co.
ATTACHMENT 2
SUBCONTRACTOR LIST FORM
This attachment to the Bid Form must be submitted in a sealed envelope along with the Bid Form.
Each envelope shall bear the name of the Contractor making the submittal with identification of
contents contained therein. The Contractor must list below the names of all qualified
subcontractors or suppliers he will employ for the various portions of the Work indicated. It is the
responsibility of the General Contractor to ascertain that all subcontractors for this project meet
the requirements of applicable state statutes. The Contractor may list himself to perform one or
more of the listed categories of work for which he has any requisite state licenses when required.
In this case, all personnel performing such work at the site shall be carried on his own payroll. If
equipment is leased with operators, the operators need not be carried on the Contractor's payroll.
List only a single name for each listing. List names only for base bid as per your bid. Lists submitted
by unsuccessful bidders will be returned unopened if requested.
DIVISION
SUBCONTRACTOR
LICENSE NUMBER
D&B NUMBER
Respectfully Submitted,
(Name of Firm)
Central Wastewater Reclamation Facility (WRF) Basin A
and Effluent Station Rehabilitation
IFB No. 32600228
77
Hunter Contracting Company
Coombs Hopkins
N/A
113920644
ALB Piping
N/A
939484098
JCH
N/A
123710469
SH Engineering
N/A
931609049
K & H Electrical
296585
084716592
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
50
Hunter Contracting Co.
4545784.3
0
ATTACHMENT 3
CITY OF BUCKEYE, ARIZONA
CONTRACTOR͛ S QUALIFICATION STATEMENT
Name of Firm:
_________________________________________________
Address:
_________________________________________________
City, State, Zip Code: _________________________________________________
Telephone No:
_________________________________________________
Facsimile No:
_________________________________________________
The contractor certifies under oath the truth and correctness of all statements and of all
answers to questions made hereinafter.
(1)
How many years has your firm been in business as a general contractor? _________
years
(1.1)
How many years has your firm been in business as a general contractor in the
State
of Arizona? ___________ years
(2)
How many years has your firm been in business under its present business name?
___________ years
(3)
List states and categories in which your firm is legally qualified to do business:
State
Category(ies)
______________
____________________
______________
____________________
______________
____________________
(4)
List the percentage of work normally accomplished with your own forces:
_____________
(4.1)
Will you need to expand your work force for this project? __________________
(4.2)
Present number of personnel employed: ______________________________
(5)
Have you ever failed to complete any project awarded to your firm? If so, explain
circumstances on separate sheet. (Check One)
_______ No
_______ Yes, See attached explanation
(5.1)
Within the past five (5) years, has any officer or partner of your firm ever been
an officer or partner of another firm that failed to complete any project awarded to it?
(Check one)
__________ No
Central Wastewater Reclamation Facility (WRF) Basin A
and Effluent Station Rehabilitation
IFB No. 32600228
78
701 N. Cooper Rd
Gilbert AZ 85233
480-892-4932
480-892-0521
Hunter Contracting Co.
65
65
65
AZ
AZ
AZ
70-90%
No
473
Heavy Civil, Infrastructure, Site Work, Concrete
Parks & Recreation, Buildings, Earthwork, Treatment Facilities
Utilities, Rehabilitation, Transportation, Roads, Bridges and more.
roject a
__
____
__
__
_ __
r firm t
______
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
51
Hunter Contracting Co.
__________ Yes, see attached explanation.
(6)
On a separate sheet, List separately all construction projects greater than $300,000.00
awarded, in-progress, or completed in the past five (5) years by your firm. Include project,
owner (address and telephone number), Design Professional, contract amount, percent
complete, and scheduled completion date.
(7)
On a separate sheet, list the construction experience and provide resumes of key
individuals of your firm. Include the Project Manager, Superintendent, and Assistant
Superintendent for this project; and identify their previous levels of responsibility for those
projects listed in Paragraph 6.
(8)
References: (Bank, Trade, and Professional) Provide name, address, and telephone
number. List three.
1. ______________________________________________________________________
2._______________________________________________________________________
3._______________________________________________________________________
(9)
Name of bonding company and name and phone number of agent.
_____________________________
,
_____________________________,
___________________
Company Name
Contact Name
Phone Number
(10)
Scheduling techniques to be employed by your firm to expedite construction.
(11)
List your Arizona Contractor's License Number(s) and category.
AZ ROC # ________________________
CATEGORY: ________________________
(12)
List your Dun & Bradstreet (D&B) Number or Unique Entity Identifier (UEI) Number:
___________
(13)
Is your Firm qualified to participate in Federal Projects: YES: _______ NO: ________
(14)
Is your Firm familiar with requirements for Davis Bacon Payroll? YES: _______NO:
________
Central Wastewater Reclamation Facility (WRF) Basin A
and Effluent Station Rehabilitation
IFB No. 32600228
79
00582-9601
AZROC 070961A
General Commerical Engineering
Travelers Casualty and Surety Company of America
BOK Financial 901 N. Dobson Road Mesa, AZ 85201 (480) 459-2831 Michelle Logan
Cemex 4646 E Van Buren Ste. 250, Phoenix, AZ 85008 Phone: (602) 252-8866
City of Flagstaff, Stacy Brechler-Knagss, 928-213-2227
Trucordia
Christina Shriner
480-969-2291
Hunter utilizes Microsoft Project and ProCore to manage construction schedules, and provide project
management information to owners and stakeholders.
See attached
See attached
: ___
__
____
_ _
on Payr
_____
__
__
___
____
__
__
_ __
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
52
Hunter Contracting Co.
701 N. COOPER ROAD, GILBERT, AZ 85233
PH: 480.892.0521 FX: 480.892.4932
6930 N. CAMINO MARTIN, TUCSON, AZ 85741
WWW.HUNTERCONTRACTING.COM
3580 W. INA ROAD, SUITE 170, TUCSON, AZ 85741
ARIZONA ROC070961 ͻ ROC067542 ͻ ROC075851 ͻ ROC023057
Projects List
Hunter Contracting Co. routinely completes over 100 projects per year. The list below is a sample of our projects completed
or on-going for our water/wastewater division valued at over $2 million during the last five years. If a complete list is required
we can provide it either once the project is awarded or if it is needed for award recommendation.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
53
Hunter Contracting Co.
701 N. COOPER ROAD, GILBERT, AZ 85233
PH: 480.892.0521 FX: 480.892.4932
6930 N. CAMINO MARTIN, TUCSON, AZ 85741
WWW.HUNTERCONTRACTING.COM
3580 W. INA ROAD, SUITE 170, TUCSON, AZ 85741
ARIZONA ROC070961 ͻ ROC067542 ͻ ROC075851 ͻ ROC023057
To:
City of Buckeye
RE:
IFB No. 32600228
Project Name:
Central Wastewater Reclamation Facility (WRF) Basin A and
Effluent Station Rehabilitation
Hunter Team
Hunter Contracting Co. has the financial and personnel resources to complete this project.
At the time of bid, we employ more than 470 professionals, including project managers,
superintendents, and other support staff. Upon award, we will assign a team of qualified
experts to the project.
Team Selection and Submittals
Ryan Hayes, Preconstruction Manager for our Water and Wastewater Industrial segment,
will lead the initial evaluation of project needs.
Working with our executive team, he will help assemble the most qualified project team.
Once the team is finalized, we will compile and submit team resumes to the City.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
54
Hunter Contracting Co.
EXHIBIT C
TO
CONSTRUCTION CONTRACT
BETWEEN
CITY OF BUCKEYE
AND
HUNTER CONTRACTING CO.
(Scope of Work)
See following page.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
55
Hunter Contracting Co.
The City of Buckeye Water Resources Department is conducting rehabilitation of its 1.5-million-
Facility (WRF) located at 915 South 7th Street Buckeye, Arizona 85326. This project is a federally
funded Army Corps of Engineers 595 Program and will need to meet the Build American/Buy
American (BABA), Davis Bacon Certified Payroll, American Iron and Steel (AIS) governmental
requirements.
The Central WRF Basin A and Effluent Station Rehabilitation will consist of the following:
Rehabilitation of the Mixed Liquor Return (MLR) pumping system and piping. Replace
standardization and continuity. Palletize and relocate current equipment to storage area.
Purchase and installation of a new Sanitaire or equivalent fine bubble air systems for basins
3, 4, 5, 6, and 9.
Installations of new mixing pump assemblies for basins 1, 2, 3, 7 and 8 (Flygt or approved
equal).
Installation of new Dissolved Oxygen (DO) sensors and control units for all required basins:
1, 2, 3, 4, 5, 6, 7, 8, and 9 (HACH or approved equal).
Purchase and installation of new 20hp Flygt Return Activated Sludge (RAS) pumps 1 thru 3
for RAS station.
Purchase and installation of new mud valves for basins 3, 4 and 7.
Purchase and installation of new control sluice gates in front of basin 3.
Remove current 250hp Kaeser blower and purchase and replace with 1 new Aerzen blower
of equal size and CFM (3,019 SCFM at 11 PSIG).
Conduct start up and training for operational staff related to the new and rehabilitated
All contractors are responsible for verifying site conditions and all measurements and quantities in
support of their bid.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
56
Hunter Contracting Co.
EXHIBIT D
TO
CONSTRUCTION CONTRACT
BETWEEN
CITY OF BUCKEYE
AND
HUNTER CONTRACTING CO.
(Insurance and Bonds)
See following pages.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
57
Hunter Contracting Co.
INSURANCE AND BONDS
1. Concurrently with the execution of the Contract, the Contractor shall furnish the City of
Buckeye a certificate of insurance on a standard insurance industry ACORD form. The ACORD
form shall be issued by an insurance company authorized to transact business in the State of
Arizona.
2. Contractor, subcontractors and subconsultants shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract are
satisfied, insurance against claims for injury to persons or damage to property, which may arise
from or in connection with the performance of the work hereunder by the Contractor, his agents,
representatives, employees, or subcontractors.
A. The insurance requirements herein are minimum requirements for this Contract and
in no way limit the indemnity covenants contained in this Contract.
B. The City in no way warrants that the minimum limits contained herein are sufficient
to protect the Contractor from liabilities that might arise out of the performance of
the work under this Contract by the Contractor, his agents, representatives,
employees, subcontractors or subconsultants and Contractor is free to purchase such
additional insurance as may be determined necessary.
C. Minimum Scope and Limits of Insurance. Contractor shall provide coverage at least
as broad and with limits of liability not less than those stated below.
(i)
Commercial General Liability-Occurrence Form Policy shall include bodily injury,
property damage, and broad form contractual liability and XCU coverage.
General Aggregate
$2,000,000
Products-Completed Operations Aggregate
$2,000,000
Personal & Advertising Injury
$1,000,000
Each Occurrence
$1,000,000
Buckeye shall be named as an additional insured with respect to liability arising out of the
(a) Automobile Liability- Bodily injury and property damage for any owned, hired, and
non-owned vehicles used in the performance of this Contract
Combined Single Limit (CSL)
$1,000,000
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
58
Hunter Contracting Co.
Buckeye shall be named as an additional insured with respect to liability arising out of the
(b) Workers Compensation and Employers Liability
Workers Compensation
Statutory
Each Accident
$ 1,000,000
Disease-Each Employee
$ 1,000,000
Disease-Policy Limit
$ 1,000,000
The policy shall contain a waiver of subrogation against the City of Buckeye.
(c) Professional Liability
If this Contract is the subject of any professional services or work, or if the
Contractor engages in any professional services or work in any way related to
performing the work under this Contract, the Contractor shall maintain Professional
Liability insurance covering negligent errors and omissions arising out of the Services
performed by the Contractor, or anyone employed by the Contractor, or anyone for
whose negligent acts, mistakes, errors, and omissions the Contractor is legally liable.
Each Claim
$2,000,000
Annual Aggregate
$2,000,000
(i)
The required professional liability coverage must cover work done or to be
done or on the behalf of the Contractor.
(ii)
In the event that professional liability insurance required by this Contract
years past completion and acceptance of the Work or services required by
this Contract.
(iii)
Should the Contract include the services of design as an integral part of the
work, any professional liability shall specifically delete any design-build or
similar exclusions that could compromise coverages because of the design-
build delivery of the Project.
(d) Umbrella/Excess Liability: Umbrella/Excess Liability insurance with a limit of not less
than $5,000,000 per occurrence combined limit Bodily Injury and Property Damage,
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
59
Hunter Contracting Co.
(e) Additional Insurance Requirements. The policies shall include, or be endorsed to
include, the following provisions:
(i)
On insurance policies where the City of Buckeye is named as an additional insured,
the City of Buckeye shall be an additional insured to the full limits of liability
purchased by the Contractor even if those limits of liability are in excess of those
required by this Contract.
(ii)
The Contractor's insurance coverage shall be primary insurance and non-
contributory with respect to all other available sources.
(iii)
Coverage provided by the Contractor shall not be limited to the liability assumed
under the indemnification provisions of this Contract.
(f) Sub
and
include all subcontractors as additional insureds under its policies or subcontractors
shall maintain separate insurance as determined by the Contractor, however,
subcontractor's limits of liability shall not be less than $1,000,000 per occurrence /
$2,000,000 aggregate. All
for subcontractors and sub
shall
be appropriate to cover all of its work performed herein.
(g) Notice of Cancellation. Each insurance policy required by the insurance provisions of
this Contract shall provide the required coverage and shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits except after thirty (30) days
prior written notice has been given, by certified mail, return receipt requested to:
Attn: Procurement
Finance Department
City of Buckeye
530 East Monroe Avenue
Buckeye, Arizona 85326
(h) Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or
approved unlicensed companies in the State of Arizona and with an A. M.
rating
of no less than A -. The City in no way warrants that the above required minimum
insurer rating is sufficient to protect the Contractor from potential insurer insolvency.
(i) Verification of Coverage:
(i) Contractor shall furnish the City Certificates of Insurance (ACORD form or equivalent
approved by the City) and with original endorsements effecting coverage as required
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
60
Hunter Contracting Co.
by this Contract. The certificates and endorsements for each insurance policy are to
be signed by a person authorized by that insurer to bind coverage on its behalf. Any
policy endorsements that restrict or limit coverages shall be clearly noted on the
certificate of insurance.
(ii) All certificates and endorsements are to be received and approved by the City before
work commences. Each insurance policy required by this Contract must be in effect
at or prior to the earlier of commencement of work under this Contract or the signing
of this Contract and remain in effect for the duration of the Project. Failure to
maintain the insurance policies as required by this Contract or to provide evidence
of renewal is a material breach of contract.
(iii) All certificates of insurance required by this Contract shall be sent directly to the
City of Buckeye, Contracts Manager. The contract number and project description
shall be included on the Certificates of Insurance. The City reserves the right to
require complete, certified copies of all insurance policies required by this Contract,
at any time.
(j) Approval. Any modification or variation from the insurance requirements in this
Contract shall be approved by the City, whose decision shall be final. Such action will
not require a formal contract amendment, but may be made by administrative action.
(k) Approval, disapproval or failure to act by the City regarding any insurance supplied by
Contractor or its Subcontractors shall not relieve Contractor of full responsibility or
liability for damages, errors, omissions or accidents as set forth in this Contract.
Neither the bankruptcy or insolvency of Contractor's insurer nor any denial of liability
by Contractor's insurer shall exonerate Contractor from the liability or responsibility
of Contractor set forth in this Contract.
(l)
. Unless expressly waived by Buckeye in a written
amendment to this Contract, the Contractor shall be responsible for purchasing and
maintaining insurance to protect the Project from perils of physical loss. The
insurance shall provide for the full cost of replacement for the entire Project at the
time of any loss. The insurance shall include as named insureds Buckeye, the
Contractor, and the Contractor
the perils of fire and all-risk coverage for physical loss or damage due to theft,
vandalism, collapse, malicious mischief, transit, flood, earthquake, and testing, and
resulting loss arising from defective design, negligent workmanship, or defective
material. The Contractor shall increase the coverage limits as necessary to reflect
changes in the estimated replacement cost.
(m) Bonds and Other Performance Security. Contractor shall provide the following
performance bond and labor and material payment bond:
(i)
Prior to execution of any Work under this Contract, the Contractor must
provide a performance bond and a labor and materials bond, each in an
amount equal to the amount of initial Contract Price designated for
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
61
Hunter Contracting Co.
construction services set forth in the Contract.
(ii)
Each such bond shall 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 Arizona Department of Insurance and Financial
Institutions. A copy of the Certificate of Authority shall accompany the
bonds. The Certificate shall have been issued or updated within two years
prior to the execution of the Contract.
(iii)
The bonds shall be made payable and acceptable to the City of Buckeye.
(iv)
The bonds shall 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, and the bonds shall have attached thereto a certified copy of
Power of Attorney of the signing official.
(v)
Upon the request of any person or entity appearing to be a potential
beneficiary of bonds covering payment of obligations arising under the
Contract, the Contractor shall promptly furnish a copy of the bonds or
shall permit a copy to be made.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
62
Hunter Contracting Co.
EXHIBIT E
TO
CONSTRUCTION CONTRACT
BETWEEN
CITY OF BUCKEYE
AND
HUNTER CONTRACTING CO.
(Payment and Performance Bonds)
See following pages.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
63
Hunter Contracting Co.
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS THAT:
Name of CONTRACTOR
Address of CONTRACTOR
a
, hereinafter called PRINCIPAL and
(Corporation), (Partnership) or (Individual)
Name of SURETY
Address of SURETY
hereinafter called SURETY, are held and firmly bound unto
City of Buckeye
Name of OWNER
530 East Monroe Avenue, Buckeye, AZ 85326
Address of OWNER
hereinafter called OWNER, in the total aggregate penal sum of
___________________
Dollars ($
_______________________)
in lawful money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, whereas the PRINCIPAL entered into a certain
contract with the OWNER, DATED THE
day of
, 20__, a copy of which is
hereto
attached
and
made
a
part
of
the
construction
contract
for
___________________________________________________________.
NOW, THEREFORE, the condition of this obligation is such, that if the principal promptly pays all
subcontractors in the prosecution of the work provided for in the 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, A.R.S., and all liabilities on this bond shall be determined in accordance with the provisions,
conditions and limitations of title 34, chapter 2, article 2, A.R.S., to the same extent as if they were
copied at length in this Contract.
The prevailing party in a suit on this bond shall recover as a part of the judgment reasonable attorney
fees that may be fixed by a judge of the court.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
64
Hunter Contracting Co.
IN WITNESS WHEREOF, this instrument is executed in
counterparts, each one of
which shall be deemed an original, this
day of
, 20__.
PRINCIPAL
By:
Attorney-in-Fact
(SEAL)
Address:
SURETY
By:
Attorney-in-Fact
(SEAL)
Address:
PLEASE NOTE:
1.
Date of BOND must not be prior to date of CONTRACT.
2.
If CONTRACTOR is partnership, all partners should execute BOND.
3.
current list (Circular 570 as amended) and be authorized to transact business in the State
where the project is located.
4.
Use of this form as an instrument of SURETY for this project is not mandatory. Use of other
forms normally deemed acceptable in the State wherein the project is located may be
allowed.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
65
Hunter Contracting Co.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS THAT:
Name of CONTRACTOR
Address of CONTRACTOR
a
, hereinafter called PRINCIPAL and
(Corporation), (Partnership) or (Individual)
Name of SURETY
Address of SURETY
hereinafter called SURETY, are held and firmly bound unto
City of Buckeye
Name of OWNER
530 East Monroe Avenue, Buckeye, AZ 85326
Address of OWNER
hereinafter called OWNER, in the total aggregate penal sum of
____________
Dollars ($
___________) in lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, whereas the PRINCIPAL entered into a certain
contract with the OWNER, DATED THE _____day of
, 20__, a copy of
which is hereto attached and made a part of the construction contract for
_________________________________________________________________.
NOW, THEREFORE, the condition of this obligation is such, that if the principal faithfully performs
and fulfills all of the undertakings, covenants, terms, conditions and agreements of the contract
during the original term of the contract and any extension of the contract, with or without notice
to the surety, and during the life of any guaranty required under the contract, and also performs
and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly
authorized modifications of the contract that may hereafter be made, notice of which
modifications to the surety being hereby waived, the above 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, A.R.S., and all liabilities on this bond shall be determined in accordance with
the provisions of title 34, chapter 2, article 2, A.R.S., to the extent as if it were copied at length in
this Contract.
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.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
66
Hunter Contracting Co.
IN WITNESS WHEREOF, this instrument is executed in
counterparts, each one of
which shall be deemed an original, this
day of
, 20__.
PRINCIPAL
By:
Attorney-in-Fact
(SEAL)
Address:
Witness as to PRINCIPAL
Address
SURETY
By:
(SEAL)
Address:
Witness as to SURETY
Address
PLEASE NOTE:
1.
Date of BOND must not be prior to date of CONTRACT.
2.
If CONTRACTOR is partnership, all partners should execute BOND.
3.
current list (Circular 570 as amended) and be authorized to transact business in the State
where the project is located.
4.
Use of this form as an instrument of SURETY for this project is not mandatory. Use of
other forms normally deemed acceptable in the State wherein the project is located may
be allowed.
END OF SECTION
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
67
Hunter Contracting Co.
EXHIBIT F
TO
CONSTRUCTION CONTRACT
BETWEEN
CITY OF BUCKEYE
AND
HUNTER CONTRACTING CO.
(Wage Determination AZ20260057)
See following pages.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
68
Hunter Contracting Co.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
69
Hunter Contracting Co.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
70
Hunter Contracting Co.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
71
Hunter Contracting Co.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
72
Hunter Contracting Co.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
73
Hunter Contracting Co.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
74
Hunter Contracting Co.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
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Hunter Contracting Co.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
76
Hunter Contracting Co.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
77
Hunter Contracting Co.
Central Wastewater Reclamation Facility (WRF)
Basin A and Effluent Station Rehabilitation
Contract No. 32600228
78
Hunter Contracting Co.