Contract No. 32500078- MR Tanner- LBR Reconstruction.pdf

CONSTRUCTION CONTRACT 
BETWEEN  
CITY OF BUCKEYE 
AND 
M. R. TANNER DEVELOPMENT AND CONSTRUCTION, LLC
Contract No. 32500078 
THIS CONTRACT is entered into as of ____________________, by and between the CITY 
M. R. Tanner Development and 
Construction, LLC, an Arizona limited liability company 
The terms of this Contract 
are to be construed consistently with the other Contract Documents enumerated in Article 1 of 
the General Conditions of the Construction Contract, attached hereto as Exhibit A and 
incorporated herein by reference. 
In consideration of the mutual promises of the parties, the City and the Contractor agree 
as follows: 
1.
THE WORK: The Contractor shall furnish all labor, materials, equipment, and
services, as more fully set forth in Exhibit B, attached hereto and incorporated herein by 
reference, as required to complete the Lower Buckeye Road Reconstruction project, as more fully 
set forth in Exhibit C, attached hereto and incorporated herein by reference. 
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 One Hundred Sixty (160) calendar days. In view of the difficulty 
achieve 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 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: Three Million Six 
Hundred Fifty-Five Thousand One Hundred Fifty-One Dollars and Fifty Cents ($3,655,151.50). 
4.
SUPPLEMENTAL TERMS AND CONDITIONS: The following supplemental terms and
conditions and/or documents are part of this Contract: 
Lower Buckeye Road Reconstruction 
Contract No. 32500078 
M. R. Tanner Development and Construction, LLC
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A.
General Conditions of the Construction Contract.
B.
Contractor Bid Forms.
C.
Work Statement.
D.
Payment and Performance Bonds.
5.
BONDS: The Contractor shall provide all required bonds in the forms attached 
hereto as Exhibit D.
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, 
M. R. TANNER DEVELOPMENT AND
an Arizona Municipal corporation
CONSTRUCTION, LLC, an Arizona limited
liability company
David B. Roderique, Interim City Manager
Chad Montoya, Vice President
ATTEST:
Lucinda Aja, City Clerk
RECOMMENDED:
William Kauppi, Chief Financial Officer
APPROVED AS TO FORM:
K. Scott McCoy, City Attorney
Lower Buckeye Road Reconstruction 
Contract No. 32500078 
M. R. Tanner Development and Construction, LLC
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EXHIBIT A 
TO 
CONSTRUCTION CONTRACT 
BETWEEN  
CITY OF BUCKEYE 
AND 
M. R. TANNER DEVELOPMENT AND CONSTRUCTION, LLC 
 
(General Conditions) 
 
See following pages. 
Lower Buckeye Road Reconstruction 
Contract No. 32500078 
M. R. Tanner Development and Construction, LLC
3

GENERAL CONDITIONS 
TABLE OF CONTENTS 
ARTICLE 1 GENERAL DEFINITIONS 
ARTICLE 2 INTENT 
ARTICLE 3 CONTRACTOR 
ARTICLE 4 OTHER CONTRACTORS AND COOPERATION 
ARTICLE 5 SITE CONDITIONS AND ENVIRONMENTAL MATTERS 
ARTICLE 6 PRODUCT SAMPLES, TESTS, AND CERTIFICATES  
ARTICLE 7 AS-BUILT DRAWINGS 
1
ARTICLE 8 SUPERINTENDENCE BY THE CONTRACTOR 
1
ARTICLE 9 SUBCONTRACTS 
 
1
ARTICLE 10 COMMUNICATIONS 
1
ARTICLE 11 PERMITS, TAXES, AND FEES 
1
ARTICLE 12 INSURANCE 
1
ARTICLE 13 INDEMNIFICATION 
1
ARTICLE 14 PROGRESS AND SCHEDULING 
ARTICLE 15 DAILY LOG 
ARTICLE 16 MISCELLANEOUS DUTIES  
ARTICLE 17 INSPECTION OF WORK 
 
2
ARTICLE 18 CORRECTION OF WORK  
2
ARTICLE 19 DELAYS AND TIME EXTENSIONS  
2
ARTICLE 20 SUSPENSION OF WORK  
2
ARTICLE 21 RIGHT TO STOP WORK 
 
2
ARTICLE 22 CHANGES  
2
ARTICLE 23 PAYMENT  
ARTICLE 24 WARRANTY 
2
ARTICLE 25 SUBSTANTIAL COMPLETION 
2
ARTICLE 26 FINAL INSPECTION 
3
ARTICLE 27 ASSIGNMENT OF CLAIMS 
3
ARTICLE 28 DISPUTES  
3
ARTICLE 29 FORUM 
 
3
ARTICLE 30 TERMINATION BY THE CITY 
3
ARTICLE 31 TERMINATION FOR CAUSE 
3
ARTICLE 32 TERMINATION FOR CONVENIENCE OF THE CITY  
3
ARTICLE 33 ASSIGNMENT OF CONTRACT 
3
ARTICLE 34 LAW TO GOVERN  
3
ARTICLE 35 E-VERIFY REQUIREMENTS 
3
ARTICLE 36 FEDERAL IMMIGRATION LAWS AND REGULATIONS 
3
ARTICLE 37 ISRAEL 
3
ARTICLE 38 FORCED LABOR OF ETHNIC UYGHURS 
 
3
Lower Buckeye Road Reconstruction 
Contract No. 32500078 
M. R. Tanner Development and Construction, LLC
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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. 
 
 
 
 
 
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. 
 
Lower Buckeye Road Reconstruction 
Contract No. 32500078 
M. R. Tanner Development and Construction, LLC
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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 
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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 
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 
the Contractor may have as a result of 
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 furthest 
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 
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 
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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, 
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 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. 
 
D.  
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. 
 
E.  
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. 
 
F.  
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 
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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 
any other materia
listed in the United States Department of Transportation Table (49 CFR 172.101) or classified by 
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). 
 
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-
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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. 
 
G.  
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 
and customary in connection with performance of the Work. Hazardous Waste so generated may 
r to final completion of the Work, Contractor 
Environmental Law and OSHA any Hazardous Substances (other than Project Hazardous Waste) 
during the Work or 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, 
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 
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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 
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 
Contractor Hazardous Waste. City will deliver a stateme
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 
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-existing 
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. 
 
Lower Buckeye Road Reconstruction 
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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. 
 
H.  
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. 
 
I.  
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 
t be notified immediately of the concern. 
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. 
 
J.  
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 
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. 
 
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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. 
 
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 
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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 which 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 
 must be acceptable to the City. 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 
Contractor. Th
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 to come on 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, the Contractor 
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shall dismiss those employees and agrees to replace those dismissed 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 
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 
Lower Buckeye Road Reconstruction 
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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 
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. 
ARTICLE 12 
INSURANCE 
 
A.  
Insurance Requirements: 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.   
 
Lower Buckeye Road Reconstruction 
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B.  
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. 
 
C.  
The insurance requirements herein are minimum requirements for this Contract and in 
no way limit the indemnity covenants contained in this Contract. 
 
D.  
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. 
 
E.  
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.  The Contractor waives all 
rights of subrogation under the following policies. 
 
(1) 
Commercial General Liability-Occurrence Form Policy shall include bodily injury, 
property damage, broad form contractual liability and XCU coverage.  
 
General Aggregate 
$4,000,000 
Products-Completed Operations Aggregate 
$2,000,000 
Personal & Advertising Injury 
$1,000,000 
Each Occurrence 
$1,000,000 
 
City of Buckeye shall be named as an additional insured with respect to liability arising out 
 
 
The policy shall contain a waiver of subrogation against the City of Buckeye.  
 
(2) 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 
 
 
 
City of Buckeye shall be named as an additional insured with respect to liability arising out 
of the activities performed by, or on behalf of the Contractor including automobiles 
 
 
 
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(3) 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 
 
(4) 
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, 
Liability, and Employe
 
 
The policy shall contain a waiver of subrogation against the City of Buckeye.  
 
F.  
Additional Insurance Requirements.  The policies shall include, or be endorsed to include, 
the following provisions: 
 
 
(1) 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. 
 
 
-
contributory with respect to all other available sources. 
 
(3) Coverage provided by the Contractor shall not be limited to the liability assumed 
under the indemnification provisions of this Contract. 
 
G.  
s certificate(s) shall include all 
subcontractors as additional insureds under its policies or subcontractors shall maintain separate 
be less than $1,000,000 per occurrence / $2,000,000 aggregate.  All coverages for subcontractors 
and subconsultants shall be appropriate to cover all of its work performed herein. 
 
H.  
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: 
 
City of Buckeye 
Finance Department - Attention: Contracts 
530 East Monroe Avenue 
Buckeye, Arizona 85326 
Email: contracts@buckeyeaz.gov  
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I.  
Acceptability of Insurers.  Insurance is to be placed with insurers duly licensed in the 
-. The City in no way warrants 
that the above required minimum insurer rating is sufficient to protect the Contractor from 
potential insurer insolvency. 
J.  
Verification of Coverage 
 
 
(1) Contractor shall furnish the City Certificates of Insurance (ACORD form or equivalent 
approved by the City) and with original endorsements effecting coverage as required 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. 
 
 
(2) 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. 
 
 
(3) All certificates of insurance required by this Contract shall be sent directly to the City 
of Buckeye, Chief Financial Officer, Finance Department.  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. 
 
K.  
Approval. Any modification or variation from the insurance requirements in this 
Contract shall be approved by the City, whose decision shall be final. 
 
L.  
Liability Notwithstanding Insurance: Approval, disapproval or failure to act by City 
regarding any insurance supplied by Contractor or its Subcontractors shall not relieve the 
Contractor of full responsibility or liability for damages, errors, omissions or accidents as set forth 
in this Contract. Neither the bankruptcy or insolvency of Co
Contractor set forth in this Contract. 
ARTICLE 13 
INDEMNIFICATION 
 
A.  
To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold 
City, 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 
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Contract No. 32500078 
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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 City, 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 
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: 
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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 
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. 
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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 
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 
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Contract No. 32500078 
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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 
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. 
 
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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 
t. These acts or functions 
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. 
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 
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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 
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 
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. 
 
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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 
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 
uninterruptedly 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 
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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. 
 
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. 
77 
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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. 
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 
relieve the Contractor of any liability. Any requirement of notice of change to the Surety shall be 
the responsibility of the Contractor. 
 
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: 
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(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. 
 
insurance and bond premiums as applicable. Insurance and bond premium cost shall not 
exceed a t
 
(d) 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 
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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 onth, 
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 Contract
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 Application for Payment, 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 
his 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. 
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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 
(b) in t
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. 
 
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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. 
 
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 
designated portion thereof, the City shall determine the 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 
uncompleted items and, if appropriate in their judgment, add to or delete items from the list 
necessary to complete the work. The failure to include items on any punch list shall not alter the 
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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. 
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. 
 
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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 mo4re 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 t
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 
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. 
 
 
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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 
subcontractors or a third party files a petition to take advantage 
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; 
 
3. If the Contractor fails to supply sufficient skilled workmen 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 
the cause for the contemplate
Contract. 
 
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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. 
he completion of the work, the City may also take 
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. In exercising 
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 
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 
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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 
shall be determined in accordance with the following section. 
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 
or 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 
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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 
be deemed a material breach of this Agreement and may result in the termination of this 
Agreement by the City. 
ARTICLE 36 
FEDERAL IMMIGRATION LAWS AND REGULATIONS 
 
Consultant warrants that it complies with all Federal Immigration laws and regulations that relate 
to its employees and complies 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, and that the 
City retains the legal right to inspect the papers of any employee who works on the contract to 
ensure compliance with this warranty.  
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 
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contractors, subcontractors, or suppliers that use the forced labor or any goods or services 
 
 
END OF SECTION 
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EXHIBIT B 
TO CONSTRUCTION CONTRACT 
BETWEEN 
CITY OF BUCKEYE 
AND 
M. R. TANNER DEVELOPMENT AND CONSTRUCTION, LLC 
 
(Contractor Bid Forms) 
 
 
 
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EXHIBIT C 
TO 
CONSTRUCTION CONTRACT 
BETWEEN 
CITY OF BUCKEYE 
AND 
M. R. TANNER DEVELOPMENT AND CONSTRUCTION, LLC 
 
(Work Statement) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Contract No. 32500078 
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72

Scope of Work:  
  
The City of Buckeye is seeking Bids from qualified contractors for the Lower Buckeye Road 
Reconstruction project. The awarded Contractor shall furnish all labor, materials, and equipment 
to perform the work as outlined in Section 100 - Scope of Work and Section 300 ʹ Bid Forms.  
 
Project Number: R-005 
PCINumber: 
27, 36,42, 38 
Date Prepared:
January 27, 2025 
PCI Rating: 
Very Poor 
 
 
TMAPID#: 
1203, 1233, 
61368, 1746 
Subdivision: 
Monte Verde 
Council Dist.: 3 
Project Name: 
Lower Buckeye Reconstruction 
 
Project 
Location: 
W Lower Buckeye Road 
Starting 
Location: 
S 247th Ave. 
Ending 
Location: 
S Watson Road 
Scope of Work: 
Milling the entire existing asphalt thickness and repairing any base failure issues found, re-compacting 
the base and repaving with 6 inches of asphalt per paving Structural Section 1. 
-Complete all utility adjustments. 
-Retrofit 14 existing ADA ramps with a dome system to bring the ramps into ADA compliance. 
 
 
Contractors verify all material/repair quantities, project limits have been marked at each location. 
 
VMS board will be posted at each end of the project 2 weeks prior to work (Project Analyst to verify 
verbiage). 
 
The contractor will submit any material/repair quantities discrepancies to Bonfire database to 
assure all contractors bid the same quantities. 
 
4¶ x 8¶ project board will be installed on all locations for the duration of the projects. 
 
The contractor is responsible for performing public outreach efforts. 
 
The contractor will assign and monitor a project hot line and notify Project Analyst of caller concerns. 
 
Traffic Control Plans (TCPs) will be required and shall be submitted 5 business days prior to the start 
of construction. 
 
The TCPs (traffic control plans) shall reflect current field conditions, desired restrictions, and project 
phasing. 
 
TCPs shall be resubmitted / renewed every 30 Calander days. 
 
All restrictions and devices shall adhere to the current MUTCD and Phoenix Barricade Manual. 
 
 
 
 
 
 
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All contractors are responsible for verifying all measurements and quantities in support of their 
bid. 
 
All contractors engaged in City of Buckeye construction shall be duly licensed by the Arizona 
Registrar of Contractors. 
 
All correspondence related to this project should be addressed via the solicitation page within the 
City͛ s Bonfire website. 
 
Construction Work/Bid Items  
 
The following is a list of construction work/bid items to be used in the bond roadway 
reconstruction work. All roadway work will conform to City of Buckeye engineering standards and 
details as well as the Maricopa Association of Governments (MAG) Standards and Details. All of 
the below work items when the work is completed if to provide a completed roadway with a 20-
year design life. To achieve design life the roadways are assumed to have the industry standard 
pavement maintenance cycles.  
 
ͻ Removal of Existing Improvements Includes the removal of the existing roadway ABC, asphalt 
and concrete. Removals shall include all saw cutting, demolishing loading and hauling of all 
materials. All excess soil and ABC to be disposed of by the contractor. All existing asphalt 
roadways shall be milled unless otherwise approved by the City. The milled asphalt will be hauled 
to City of Buckeye Public Works Yard at 23454 W. MC 85, Buckeye, AZ 85326. All saw cutting, and 
removal of existing improvements shall be performed per MAG Section 350.  
 
ͻ Asphalt Milling o Includes the removal of the existing asphalt roadway either by removing a 
portion or the entire asphalt thickness per MAG Section 317. The amount of material to be 
removed will be specified in the individual project scope of work. The milled asphalt will be 
hauled to City of Buckeye Public Works Yard at 23454 W. MC 85, Buckeye, AZ 85326.  
 
ͻ Pavement Structural Section 1 o Construction shall meet all applicable MAG standards. This 
paving section shall be per the City͛ s adopted arterial paving section, (2 inches of A-12.5mm 
arterial Superpave, 4 inches of 19mm arterial Superpave on 12 inches of ABC constructed on 12 
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inches of compacted sub-base. All materials shall be per the City͛ s approved mix designs and 
standards.  
 
ͻ Pavement Structural Section 2 o Construction shall meet all applicable MAG standards. This 
paving section shall be per the City͛ s adopted residential paving section, (2.5 inches of A-12.5mm 
Marshall, 8 inches of ABC constructed on 8 inches of compacted sub-base. All materials shall be 
per the City͛ s approved mix designs and standards.  
 
ͻ Ribbon Curb per MAG 220-1 Type B o A includes the construction of the MAG 220-1 Curb and 
Gutter Type B. Work consists of Machine slip and Hand place.  
 
ͻ Pavement Structural Section 3 o Portland Cement Concrete Pavement (PCCP) shall be nine (9) 
inches thick and per city standards be reinforced with fiber mesh reinforcement. This PCCP will be 
per MAG Section 324 and City standards. Section 3 will require a textured stamped surface that is 
colored and textured to batch the existing stamped and colored PCCP in Sun City Festival on 
Canyon Springs Blvd south of Sun Valley Parkway.  
 
ͻ Signing and Striping o This item will include all necessary striping, symbols, reflective pavement 
markers and signage to meet the Manual on Uniform Traffic Control Devices requirements and 
City Standards. All construction shall be per MAG Standards and City Requirements.  
 
ͻ Asphalt Paving Thickened Edge o Thickened edge shall be MAG 201 Type A  
 
ͻ Utility Adjustments o All utility adjustments are included in these bid items, use appropriate 
Mag standards for adjustments MAG 391-1 Type A & MAG 270 or MAG 422. All utility 
adjustments shall require the use of debris shields per MAG 345. Debris shields shall be used on 
all manholes.  
 
ͻ Sidewalk Ramp MAG 236-1 o All work shall be included for removal and replacement of a new 
sidewalk ramp. This includes but is not limited to saw cutting, removal of existing sidewalk, 
sidewalk ramp, curb and gutter, etc. Construction of the new ramp will include the ramp 
construction to meet MAG 236-1. Replacing any sidewalk, curb and gutter that was removed to 
construct the new ramp and to match back to existing shall be included in the ramp cost. MAG 
standards shall be used for constructing all ancillary items to the curb ramp construction. Where 
applicable use City standards.  
 
ͻ Sidewalk Ramp MAG 237 o All work shall be included for removal and replacement of a new 
sidewalk ramp. This includes but is not limited to saw cutting removal of existing sidewalk, 
sidewalk ramp, curb and gutter, etc. Construction of the new ramp will include the ramp 
construction to meet MAG 237-1 or -2. The contractor shall utilize the appropriate MAG detail to 
match existing sidewalk conditions. Replacing any sidewalk, curb and gutter that was removed to 
construct the new ramp and to match back to existing is included in the ramp cost. MAG 
standards shall be used for constructing all ancillary items to the curb ramp construction. Where 
applicable use City standards.  
Lower Buckeye Road Reconstruction 
Contract No. 32500078 
M. R. Tanner Development and Construction, LLC
75

ͻ Sidewalk Ramp Retrofit o Sidewalk ramps will be retrofitted to meet current ADA standards. 
This includes saw cutting and removal to be able to install a ͞ wet set͟ ramp dome system to bring 
the ramp into compliance with minimal removal and replacement.  
 
ͻ Driveway Retrofit MAG 250 o The existing MAG 250 driveway to be retro-fitted with a 4 foot 
sidewalk behind the existing driveway ramp in order to bring the driveway into compliance with 
the current MAG Detail 250 for ADA compliance.  
 
ͻ Driveway MAG 250 o All work shall be included for removal and replacement of a new 
driveway. This includes but is not limited to saw cutting removal of existing sidewalk, driveway, 
curb and gutter, etc. Construction of the new driveway will include the driveway construction to 
meet MAG 250-1 or -2. The contractor shall utilize the appropriate MAG detail to match existing 
sidewalk conditions. Replacing any sidewalk, curb and gutter that was removed to construct the 
new driveway and to match back to existing is included in the driveway cost. MAG standards shall 
be used for constructing all ancillary items to the driveway construction. Where applicable use 
City standards. For driveway thickness see project scope.  
 
ͻ Overlay (2 inch) o Construction shall meet all applicable MAG standards. This paving section 
shall be 2 inches of A-12.5mm arterial Superpave. All materials shall be per the City͛ s approved 
mix designs and standards. All work included for the replacement of the 2 inches of pavement 
that was milled out. All crack seal, tack coat and all other incidental work is included in the square 
yard cost. Work shall meet all applicable MAG standards.  
 
ͻ Asphalt Patch o Patching to include all sawcutting, excavation disposal and asphalt placement. 
Construction shall meet all applicable MAG standards. If done in conjunction with an overlay only 
base asphalt needs to be installed, 4 inches of 19mm arterial Superpave on 12 inches of ABC 
constructed on 12 inches of compacted sub-base.  
 
All materials shall be per the City͛ s approved mix designs and standards. Work shall meet all 
applicable MAG standards.  
 
ͻ General Items o All contractor general items shall be included. These items included but not 
limited to; Mobilization, Survey, Quality Control, Testing, Traffic Control, SWPPP, Permits, Street 
Sweeping, Dust Control, Construction Water and all other general construction items. All 
construction shall be completed per MAG Standards as well as City Standards.  
 
ͻ Contingency o A 10% contingency shall be added. This contingency is not contractor 
contingency it is owner contingency. All spending of this item shall be expressly approved by the 
City prior to any work being performed against this line item.  
 
 
Lower Buckeye Road Reconstruction 
Contract No. 32500078 
M. R. Tanner Development and Construction, LLC
76

EXHIBIT D 
TO  
CONSTRUCTION CONTRACT 
BETWEEN 
CITY OF BUCKEYE 
AND 
M. R. TANNER DEVELOPMENT AND CONSTRUCTION, LLC 
 
(Payment and Performance Bonds) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Lower Buckeye Road Reconstruction 
Contract No. 32500078 
M. R. Tanner Development and Construction, LLC
77

PAYMENT BOND 
 
KNOW ALL PERSONS BY THESE PRESENTS: 
 
THAT, __________________________________________ (hereinafter called Principal), as 
Principal, and _______________________________, a corporation organized and existing under the laws of 
the State of __________________________, with its principal office at ______________________ 
(hereinafter called the Surety), as Surety, are held and firmly bound unto the City of Buckeye (hereinafter 
called the Obligee) 
in 
the amount of ____________________________________ 
(Dollars) 
($___________________), for the payment whereof, the said Principal and Surety bind themselves, and their 
heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. 
 
WHEREAS, the Principal has entered into a certain written Contract with the Obligee, dated the 
___________ day of _________________ 20___, for the material, service or construction described as 
_________________________________________ which Contract is hereby referred to and made a part 
hereof as fully and to the same extent as if copied at length herein. 
 
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal 
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, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the 
provisions, conditions and limitations of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same 
extent as if they were copied at length in this agreement. 
 
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. 
 
Witness our hands this _______ day of _________________, 20___. 
 
 
_______________________________________ 
Principal  
 
 
 
Seal 
 
 
By:____________________________________ 
 
 
_______________________________________ 
Surety   
 
 
 
Seal 
 
 
By:____________________________________ 
 
 
_______________________________________ 
Agency of Record 
 
Lower Buckeye Road Reconstruction 
Contract No. 32500078 
M. R. Tanner Development and Construction, LLC
78

PERFORMANCE BOND 
 
KNOW ALL PERSONS BY THESE PRESENTS: 
 
THAT, 
___________________________________________________________ 
(hereinafter 
called Principal), as Principal, and_________________________________________, a corporation 
organized and existing under the laws of the State of ____________________________, with its principal 
office at ________________________ (hereinafter called the Surety), as Surety, are held and firmly bound 
unto 
the 
City 
of 
Buckeye 
(hereinafter 
called 
the 
Obligee) 
in 
the 
amount 
of 
______________________________(Dollars) ($_____________________), for the payment whereof, the 
said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, 
jointly and severally, firmly by these presents. 
 
WHEREAS, the Principal has entered into a certain written Contract with the Obligee, dated the 
________ day of _________________ 20___, for the material, service or construction described as 
___________________________________________________________________ is hereby referred to and 
made a part hereof as fully and to the same extent as if copied at length herein. 
 
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, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the 
provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extent as if it were copied at 
length in this agreement. 
 
The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney 
fees that may be fixed by a judge of the Court. 
 
Witness our hands this _______ day of ________________________ 20___. 
 
 
_______________________________________ 
Principal  
 
 
 
Seal 
 
 
By:____________________________________ 
 
 
_______________________________________ 
Surety  
 
 
 
Seal 
 
 
By:____________________________________ 
 
_______________________________________ 
Agency of Record 
Lower Buckeye Road Reconstruction 
Contract No. 32500078 
M. R. Tanner Development and Construction, LLC
79