DO 6 to 2025084 with Talis.pdf
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JOB ORDER CONTRACT DELIVERY ORDER BETWEEN THE CITY OF BUCKEYE AND TALIS CONSTRUCTION CORPORATION JOB ORDER CONTRACT NO. 2025084 DELIVERY ORDER #6 VERRADO WAY AND MCDOWELL ROAD MILL AND OVERLAY THIS DELIVERY ORDER # 6 (this “Delivery Order”) is entered into as of____________ , between the CITY OF BUCKEYE, an Arizona municipal corporation (the “City”), and TALIS Construction Corporation, an Arizona corporation (the “Contractor”). This Delivery Order is subject to and governed by the terms and conditions of Job Order Contract No. 2025084 between the City and Contractor, dated September 3, 2024 (the “Contract”). ARTICLE 1 SCOPE OF WORK The Contractor shall furnish all labor, materials, and equipment, as more fully set forth in the Proposal, which is attached hereto as Exhibit A and incorporated as if fully set forth herein (the “Work”), to complete Verrado Way and McDowell Road Mill and Overlay project. ARTICLE 2 SCHEDULE OF COMPLETION OF WORK The Contractor shall commence work within ten (10) days from issuance by the City of a Notice to Proceed, and shall be completed on or before . In view of the difficulty or impossibility of determining the City's damages from delay, should the Contractor fail to achieve Substantial Completion with the above number of calendar days, as may be extended by any City-approved Change Orders, the Contractor agrees to pay and will pay to the City, in addition to all other sums owed pursuant to the Contract, the sum of Five Hundred Seventy Dollars and Zero Cents ($570.00) 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. Verrado Way and McDowell Rd. Mill and Overlay Contract 2025084 DO# 6 Talis Construction Corporation 1 ARTICLE 3 COST OF CONSTRUCTION The total cost to complete the Work under this Delivery Order shall not exceed Eight Hundred Ninety-Four Thousand Four Hundred Seventy-Four Dollars and Seventy-Five Cents ($894,474.75). ARTICLE 4 INSURANCE In accordance with Article 19 of the Contract, the Contractor agrees to issue the required insurance ACORD form(s). ARTICLE 5 ADDITIONAL TERMS This Delivery Order is subject to the terms and conditions of the Contract and may be canceled pursuant to the provisions of A.R.S. § 38-511. To the extent applicable under A.R.S. § 35-394, the 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 produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. In the event of any conflict or discrepancy between the terms of this Delivery Order, the Contract, and Exhibit A to this Delivery Order, the documents shall govern in that order. ARTICLE 6 EXHIBITS This Delivery Order includes and incorporates the following Exhibits: Exhibit A – Proposal [SIGNATURE PAGE TO FOLLOW] Verrado Way and McDowell Rd. Mill and Overlay Contract 2025084 DO# 6 Talis Construction Corporation 2 IN WITNESS WHEREOF, the parties hereto have executed this Delivery Order as of the date first set forth above. CONTRACTOR: TALIS CONSTRUCTION CORPORATION, an Arizona corporation Manuel Lopez, President CITY: THE CITY OF BUCKEYE, an Arizona municipal corporation ______________________________ D City Manager ATTEST: Lucinda Aja, City Clerk RECOMMENDED: William Kauppi, Chief Financial Officer APPROVED AS TO FORM: K. Scott McCoy, City Attorney Verrado Way and McDowell Rd. Mill and Overlay Contract 2025084 DO# 6 Talis Construction Corporation 3 EXHIBIT A TO DELIVERY ORDER #6 PROPOSAL Verrado Way and McDowell Rd. Mill and Overlay Contract 2025084 DO# 6 Talis Construction Corporation 4