Contract No. 2025112- DO Mueller Metal Building.pdf

City of Buckeye — Regular Council Meeting (2025-09-02)

View PDF Meeting page

Extracted text (via pymupdf) 10241 characters
JOB ORDER CONTRACT DELIVERY ORDER 
BETWEEN  
THE CITY OF BUCKEYE  
AND  
FELIX CONSTRUCTION COMPANY 
JOB ORDER CONTRACT NO. 2025112 
DELIVERY ORDER #2 
MUELLER METAL BUILDING 
THIS DELIVERY ORDER # 2 
is entered into as of ___________________, 
between the CITY OF BUCKEYE
City , and Felix 
Construction Company, an Arizona corporation 
  This Delivery Order is subject 
to and governed by the terms and conditions of Job Order Contract No. 2025112 between the 
City and Contractor, dated September 3, 2024 
.  
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 
, to complete the Mueller Metal Building project.  
ARTICLE 2 
SCHEDULE OF COMPLETION OF WORK 
The Contractor shall commence work from issuance by the City of a Notice to Proceed, and shall 
complete the Work on or before January 1, 2026.  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. 
ARTICLE 3 
COST OF CONSTRUCTION 
The total cost to complete the Work under this Delivery Order shall not exceed Five Hundred 
Ninety-Seven Thousand One Hundred Eighty-Seven Dollars and Twenty-Three Cents 
($597,187.23). 
Mueller Metal Building 
Contract No. 2025112, Delivery Order #2 
Felix Construction Company
1

ARTICLE 4 
INSURANCE & BONDS 
 
In accordance with Article 19 of the Contract, the Contractor agrees to issue the required 
insurance ACORD form(s).  Payment and Performance Bonds are required for this project and will 
be provided by the Contractor prior to the start of the Work.  
 
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.  
 
By executing this Delivery Order, the Contractor certifies its compliance with A.R.S. § 35-393.01. 
 
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 
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] 
 
 
 
 
 
 
 
 
 
 
 
Mueller Metal Building 
Contract No. 2025112, Delivery Order #2 
Felix Construction Company
2

IN WITNESS WHEREOF, the parties hereto have executed this Delivery Order as of the date first 
set forth above.
CITY:
CONTRACTOR:
THE CITY OF BUCKEYE,                                                   FELIX CONSTRUCTION COMPANY,
an Arizona municipal corporation
an Arizona corporation
    
______________________________
David B. Roderique, Interim City Manager
David Giannetto, Principal
ATTEST:
Lucinda Aja, City Clerk
RECOMMENDED:
William Kauppi, Chief Financial Officer
APPROVED AS TO FORM:
K. Scott McCoy, City Attorney
Mueller Metal Building 
Contract No. 2025112, Delivery Order #2 
Felix Construction Company
3

EXHIBIT A 
TO 
DELIVERY ORDER #2 
 
PROPOSAL 
  
 
Mueller Metal Building 
Contract No. 2025112, Delivery Order #2 
Felix Construction Company
4

Mueller Metal Building 
Contract No. 2025112, Delivery Order #2 
Felix Construction Company
5

15
Mueller Metal Building 
Contract No. 2025112, Delivery Order #2 
Felix Construction Company
6

Mueller Metal Building 
Contract No. 2025112, Delivery Order #2 
Felix Construction Company
7

State:
AZ
85355
City:
State:
AZ
Zip Code:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Total
Furnish Stainless steel strut for electrical racks.
Furnish and install (1) 2" and 1" underground conduits (500FT Distance away from source).
Furnish and install a ground rod and 4/0 ground wire for buidling steel and electrical panel.
Furnish and install #2 AWG XHHW CU (STR), #8 AWG XHHW CU (STR) Ground for 480V panelboard (500FT Distance away from 
source). 
All exposed conduit will be GRC.
Lift included.
Trenching and backfill included.
Start-up, Testing and Training.
195,105.00
$     
The following is a quote for the above referenced project.  All work is to be completed per this quote. Please Note: We have no control over procurement times and or delays 
with project material or equipment.  We are not responsible for paying any Liquidated damages these delays cause, even if they are in a signed contract.  Upon accepting this 
document and engaging K and H Electric INC. for this project, the recipient acknowledges that this serves as notice and supersedes all other documents dealing with 
liquidated damages, even if an additional contract is signed.  The Owner or General contractor accepts all risks, costs, and delays associated with them. This quote is valid for 
30 days.
2530 S 52nd Ave
Felix Construction
Furnish and install (1) 80A 3 pole breaker.
General Contractor:
Mueller Metal Building
Phoenix
Buckeye
Zip Code:
ATTN:
TBD
City of Buckeye
Address:
0
85027
Andrew Simpson
Date:
Project:
Address:
City:
Owner:
Revision # 
May 13, 2025
Furnish and install (1) 100A 3PH 4W Panelboard.
Furnish and install a 25KVA Transformer.
Furnish and install a 125A 120/240 Panelboard.
Furnish and install (10) Interior Lights (Part #: DMW2 L24 4000LM AF), ), One (1) Emergency Exit Light/Sign (Part #: LHQM LED R), 
Two (2) Exterior Lights (Part #: DSXW1 LED 20C 700 40K TFTM MVOLT DDBXD).
Furnish and install (2) light switches and (7) duplex receptacles space (one on back wall and 3 on left and right wall).
Exclusions: Permit, Bond, Sales Tax
 7229 N. 62nd Ave, Glendale, AZ 85301
Office: (602) 269-6104 Fax: (602) 272-7639
Page 1 of 1
Contractors License 
A-17 296585, C-11 067966, R-11 043828 
Mueller Metal Building 
Contract No. 2025112, Delivery Order #2 
Felix Construction Company
8

Mueller Metal Building 
Contract No. 2025112, Delivery Order #2 
Felix Construction Company
9

Mueller Metal Building 
Contract No. 2025112, Delivery Order #2 
Felix Construction Company
10

CUSTOMER:
DATE
ADDRESS:
QUOTE #
SALES
                   
BUILDING TYPE - HYPERSTEEL
BUILDING OPTIONS
STAMPED ENGINEERING PLANS                           
TOTAL PRICE
Phone: 
Mueller Metal Building 
Contract No. 2025112, Delivery Order #2 
Felix Construction Company
11

Page 2 of 4 
BUILDING SPECIFICATIONS 
Building Site Address:  
 
 
 
 
Building Site Details:
Building Dimensions:
Leanto A Details:
Leanto B Details:
Mezzanine Details:
Sheeting and Trim Details:
Opening Details:
Personnel doors
Drive Doors
Windows:
Framed Openings:
Open Bays:
Skylights
Insulation Details
Extra Options:
Purchaser:  City of Buckeye
Total Contract Price:
Mailing Address:
Estimated Delivery:
Estimated Tax:
Phone: 
Email:
FINAL Total Price:
Down Payment:
Final Balance:
Purchaser approves the Design Specifications contained in this Purchase Agreement and the Construction 
Package drawings provided:
___________________________________________
Signature & Date
Mueller Metal Building 
Contract No. 2025112, Delivery Order #2 
Felix Construction Company
12

Page 3 of 4 
 
TERMS AND CONDITIONS
Mueller
Hypersteel Buildings:
Storage Buildings:
Material To Be Furnished
Taxes
Freight:
Inspection, Shortages, and Damages
WARRANTY.  TO THE FULLEST EXTENT ALLOWED BY LAW MUELLER MAKES NO WARRANTIES EXCEPT THE 
CIRCUMSTANCES SHALL MUELLER BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.  MUELLER 
MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF 
WORKMANSHIP, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE 
HEREBY DISCLAIMED BY MUELLER AND WAIVED BY BUYER. MUELLER MAY DELIVER, BY SEPARATE DOCUMENT, 
CERTAIN LIMITED WARRANTIES TO BUYER, WHICH LIMITED WARRANTIES MUST BE SIGNED BY BOTH MUELLER 
AND BUYER PRIOR TO OR AT THE TIME OF DELIVERY TO BUYER TO BE EFFECTIVE.
Delay by Mueller
Delay by Buyer:
Change Orders:
Force Majeure Event:
Insurance: 
Mueller Metal Building 
Contract No. 2025112, Delivery Order #2 
Felix Construction Company
13

Page 4 of 4 
 
INDEMNITY: TO THE FULLEST EXTENT ALLOWED BY LAW, BUYER AGREES TO DEFEND AND INDEMNIFY MUELLER 
FROM AND AGAINST ANY AND ALL CLAIMS, INCLUDING CLAIMS FOR THE LOSS OF PROPERTY, DAMAGE TO 
ALLEGED NEGLIGENCE, GROSS NEGLIGENCE, OR BREACH OF THIS AGREEMENT.  THIS OBLIGATION TO DEFEND 
AND INDEMNIFY APPLIES REGARDLESS OF WHETHER IT IS CLAIMED THE DAMAGES WERE CAUSED BY THE 
COMPARATIVE NEGLIGENCE OF MUELLER. 
Limitation of Liability:
Credit:
Code Compliance: 
Acceptance and Cancellation: 
Assignment:
Enforcement:
Entire Agreement:
Special Inspection:
Governing Laws and Venue: 
For products purchased within the State of Texas:
For products purchased outside the State of Texas:
Buyer understands that by signing below, it accepts this Agreement, and its terms and conditions become legally binding on Buyer at the 
review this Agreement and, if 
test and 
negotiate with Seller and terms or conditions of this Agreement that Buyer deems objectionable or unacceptable.
BUYER:
Mueller Metal Building 
Contract No. 2025112, Delivery Order #2 
Felix Construction Company
14

Mueller Metal Building 
Contract No. 2025112, Delivery Order #2 
Felix Construction Company
15

Mueller Metal Building 
Contract No. 2025112, Delivery Order #2 
Felix Construction Company
16