4K Contract 32500004 with AJP Electric.pdf
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CONSTRUCTION CONTRACT
BETWEEN
CITY OF BUCKEYE
AND
AJP ELECTRIC, INC.
Contract No. 32500004
THIS CONTRACT is entered into as of ____________________, by and between the CITY
AJP Electric, Inc., an Arizona
corporation
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
th Street and
incorporated herein by refence, as required to complete the 10th Street and Alleyways CDBG
project, as more fully set forth in Exhibit B, Exhibit C and Exhibit D, 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 Twenty (120) calendar days. In view of the
fail to 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 $570.00 for each calendar day of delay as
liquidated damages for such delay and not as a penalty. This sum may be withheld from the
balance of the Contract Price as it becomes due. Should liquidated damages exceed the
Contract Price due or to become due, then the Contractor shall pay the City the difference
within 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: Six Hundred
Thirty-Four Thousand Nine Hundred Eighty-Three Dollars and Twenty-Five Cents
($634,983.25).
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4.
SUPPLEMENTAL TERMS AND CONDITIONS: The following supplemental terms
and conditions and/or documents are part of this Contract:
A.
General Conditions of the Construction Contract.
B.
Contractor Bid Forms.
C.
Plans and Specifications
D.
Wage Determination
E.
Payment and Performance Bonds.
5.
BONDS: The Contractor shall provide all required bonds in the forms attached
hereto as Exhibit E.
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,
AJP ELECTRIC, INC.,
an Arizona Municipal corporation
an Arizona corporation
David B. Roderique, Interim City Manager
Anna Paganik, President
ATTEST:
Lucinda Aja, City Clerk
RECOMMENDED:
William Kauppi, Chief Financial Officer
APPROVED AS TO FORM:
K. Scott McCoy, City Attorney
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Contract No. 32500004
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EXHIBIT A
TO
CONSTRUCTION CONTRACT
BETWEEN
CITY OF BUCKEYE
AND
AJP ELECTRIC, INC.
(General Conditions)
See following pages.
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GENERAL CONDITIONS
TABLE OF CONTENTS
ARTICLE 1 GENERAL DEFINITIONS
2
ARTICLE 2 INTENT
3
ARTICLE 3 CONTRACTOR
3
ARTICLE 4 OTHER CONTRACTORS AND COOPERATION
3
ARTICLE 5 SITE CONDITIONS AND ENVIRONMENTAL MATTERS
4
ARTICLE 6 PRODUCT SAMPLES, TESTS, AND CERTIFICATES
9
ARTICLE 7 AS-BUILT DRAWINGS
10
ARTICLE 8 SUPERINTENDENCE BY THE CONTRACTOR
11
ARTICLE 9 SUBCONTRACTS
11
ARTICLE 10 COMMUNICATIONS
12
ARTICLE 11 PERMITS, TAXES, AND FEES
13
ARTICLE 12 INSURANCE
13
ARTICLE 13 INDEMNIFICATION
16
ARTICLE 14 PROGRESS AND SCHEDULING
16
ARTICLE 15 DAILY LOG
17
ARTICLE 16 MISCELLANEOUS DUTIES
17
ARTICLE 17 INSPECTION OF WORK
20
ARTICLE 18 CORRECTION OF WORK
21
ARTICLE 19 DELAYS AND TIME EXTENSIONS
22
ARTICLE 20 SUSPENSION OF WORK
24
ARTICLE 21 RIGHT TO STOP WORK
24
ARTICLE 22 CHANGES
24
ARTICLE 23 PAYMENT
26
ARTICLE 24 WARRANTY
28
ARTICLE 25 SUBSTANTIAL COMPLETION
28
ARTICLE 26 FINAL INSPECTION
29
ARTICLE 27 ASSIGNMENT OF CLAIMS
29
ARTICLE 28 DISPUTES
30
ARTICLE 29 FORUM
30
ARTICLE 30 TERMINATION BY THE CITY
30
ARTICLE 31 TERMINATION FOR CAUSE
30
ARTICLE 32 TERMINATION FOR CONVENIENCE OF THE CITY
33
ARTICLE 33 ASSIGNMENT OF CONTRACT
33
ARTICLE 34 LAW TO GOVERN
33
ARTICLE 35 E-VERIFY REQUIREMENTS
33
ARTICLE 36 FEDERAL IMMIGRATION LAWS AND REGULATIONS
34
ARTICLE 37 ISRAEL
34
ARTICLE 38 FORCED LABOR OF ETHNIC UYGHURS
34
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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.
determined by the City.
of whether the Work is all or only a part.
sample forms, specifications, and description of the project.
with the Contract Documents so that the City can occupy or utilize the work or designated
portion thereof for the use for which it is intended.
items reasonably required to construct all or a portion of the Project according to the Contract
Documents.
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ARTICLE 2
INTENT
A.
The Contract represents the entire and integrated agreement between the City and the
Contractor, and it supersedes all prior oral or written negotiations, representations or
agreements. The Contract may only be changed by written modifications, and the Contractor
understands and agrees that if the Contractor proceeds with any work upon verbal request
only, Contractor is agreeing by his conduct that such work, or change in the work, constitutes a
minor change.
B.
The Contract Documents are to include all items reasonably necessary to construct the
Work, expressly or by inference. Words and abbreviations which have well-known technical, or
trade meanings are used in the Contract Documents in accordance with such recognized
meanings.
ARTICLE 3
CONTRACTOR
A.
The Contractor is the individual or legal entity identified in the Contract Documents who
is licensed to perform the Work under the laws of the State of Arizona. The Contractor shall
only use duly licensed Subcontractors in connection with the Work, subject to the provisions for
City approval contained in the Contract Documents.
ARTICLE 4
OTHER CONTRACTORS AND COOPERATION
A.
The City reserves the right to award other contracts related to the Project, or to perform
certain work itself. Such other work may or may not be known to the City or disclosed to the
Contractor prior to bidding this project. The Contractor shall afford the City and other
contractors reasonable opportunity for the introduction and storage of their materials and
equipment and the execution of their work, and shall properly coordinate its Work with theirs
in such manner as the City may direct. The Contractor shall also assure at its own cost
reasonable access of other contractors to the site and their work.
B.
Upon request of the Contractor, the City will provide the Contractor with a copy of all
plans, specifications, schedules and other data relating to other contracts or work. The
Contractor shall thoroughly examine these documents and shall within three (3) days of
completing such examination notify the City in writing of any conflicts with the Work to be
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
work with other activities.
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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
other costs which the City has incurred.
ARTICLE 5
SITE CONDITIONS AND ENVIRONMENTAL MATTERS
A.
The Contractor shall thoroughly acquaint himself with all available information
concerning the conditions of the Work and is responsible for correctly and fully estimating the
difficulty and cost of successfully performing the Work.
B.
The Contractor agrees that it has thoroughly examined the site, plans and specifications,
boring data and all other soils information and as-built data made available and by submission
of the bid herein avows that it has satisfied itself as to the character, quality and quantity of
surface and subsurface materials or existing obstacles to be encountered. The Contractor
acknowledges that boring data and other soils information and as-built data made available is
only a general indication of materials and/or conditions likely to be found adjacent to holes
bored or in existing structures or facilities or other areas. If the Contractor determines that the
information is erroneous, inadequate or ambiguous, it shall immediately report its conclusions
to the City in writing. If the Contractor determines that the information is erroneous,
inadequate, or ambiguous, and after reporting its conclusions to the City, remains dissatisfied
or uninformed, 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:
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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 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.)
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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
Environmental Law; (iii) any other material, substance or waste now or hereafter classified or
or waste now or hereafter listed in the United States Department of Transportation Table (49
CFR 172.101) or classified by the United States Environmental Protection Agency as
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-subcontractor; (b) whether it consists of Hazardous Substances that
Waste in the course of the Work; and (c) whether it consists of Hazardous Substances that are
-
subcontractor and that have become Hazardous Waste in the course of the Work.
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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
arising 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
to 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
recognized to be usual and customary for performance of the Work. (ii) Hazardous Waste may
to be usual and customary in connection with performance of the Work. Hazardous Waste so
accordance with Environmental Law and OSHA any Hazardous Substances (other than Project
Work. (iv) Other than as provided in (i), (ii) and (iii), Contractor shall not, and Contractor shall
cause all Subcontractors and Sub-subcontractors to not, dispose of, generate, manufacture,
process, produce, Release, treat or otherwise store, use or have in or on or transport to or from
3.
Releases of Hazardous Substances. Upon any Release of any Hazardous
Substance in connection with the Work, whether relating to a pre-
property (for example, arising from any demolition of, modification of, or addition to any
structure, facility or equipment) or relating to acts or omissions of Contractor, a Subcontractor
or a Sub subcontractor, Contractor shall take any immediate action reasonably necessary to
contain the Release. City may elect to have Contractor control and carry out any containment,
clean-up, removal and remediation activity. Alternatively, City shall have the right to elect to
control and carry out any containment, clean-up, removal and remediation activity. Regardless
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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
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
and disposing of Contractor Hazardous Waste. City will deliver a statement to Contractor
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
with 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-
Subcontractor or a Sub-subcontractor; or (v) any claim, demand, inquiry, investigation, litigation
or other action or proceeding by any governmental authority or other person relating to any
Hazardous Substance, Hazardous Waste, Environmental Law or OSHA relating to the Work.
Except for immediate action to contain any Release of any Hazardous Substance and except for
interim handling and storage of Project Hazardous Waste, Contractor shall not take any action
as to any matter in (i), (ii), (iii), (iv) or (v) without the prior written approval of City and City
shall have the right to elect to control and carry out any such action or matter.
6.
Other Asbestos. Contractor and each Subcontractor and Sub-subcontractor to
comply with all requirements of Environmental Law and OSHA concerning any other asbestos in
the Work area.
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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
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.
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.
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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.
Unless the City is authorized at the time of submittal to return samples at the
F.
After delivery of materials, the City may make such tests as it deems necessary, with
samples required for such tests being furnished by and at the cost of the Contractor. Any test is
for the benefit of the City and shall not relieve Contractor of the responsibility for providing
quality control measurements to assure that Work strictly complies with the Contract
Documents. No test shall be construed as implying acceptance of materials, work,
workmanship, equipment, accessories or any other item or thing.
G.
On the basis of the test results, materials, workmanship, equipment or accessories may
be rejected even though general approval has been given. If items have been incorporated in
Work, the City shall have the right to cause their removal and replacement by items meeting
Contract Document requirements or to demand and secure appropriate reparation to the City
from the Contractor.
ARTICLE 7
AS-BUILT DRAWINGS
A.
Prior to Substantial Completion, the Contractor shall complete and turn over to the City
the As-Built Drawings. The As-Built Drawings shall consist of a set of drawings which indicate all
field changes that were made to adapt to field conditions, changes resulting from contract
Change Orders and all buried and concealed installation of piping, conduit and utility services.
All buried and concealed items both inside and outside the facility shall be accurately located
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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
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
accidents 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 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
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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
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
by the subcontractor.
ARTICLE 10
COMMUNICATIONS
A.
All project notices, requests, instructions, modifications, approvals, and claims must be
in writing, unless expressly specified otherwise in the Contract.
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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.
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.
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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
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
(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,
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.
-
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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
shall not 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:
Finance Department
City of Buckeye
Attention: Contracts
530 East Monroe Avenue
Buckeye, Arizona 85326
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.
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(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
responsibility of 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
or other harm for which recovery of damages is sought, suffered by any person or persons, that
this 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
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take in the next 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
ARTICLE 15
DAILY LOG
A.
The Contractor shall maintain a daily log of construction activities for each calendar day
of the Contract Time, using a form approved by the City. The Contractor shall document all
activities at the Project site, including:
1. Weather conditions showing the high and low temperatures during work hours, the
amount of precipitation received on the job site, and any other weather conditions
which adversely affect Work at the site;
2. Soil conditions which adversely affect Work at the site;
3. The hours of operation by Contractor and individual Subcontractor personnel;
4. The number of Contractor and Subcontractor personnel present and working at the
site, by subcontract and trade, and updated schedule activity number.
5. The equipment active or idle at the site;
6. A description of the Work being performed at the site, by updated schedule activity
number.
7. Any delays, disruptions or unusual or special occurrences at the site;
8. Materials received at job site; and
9. A list of all visitors at the site.
B.
The Contractor shall provide copies of the daily logs to the City on a weekly basis. The
daily log does not constitute written notice to the City when such notice is required by the
Contract Documents.
ARTICLE 16
MISCELLANEOUS DUTIES
A.
The Contractor shall submit to the City upon request all payrolls, reports, estimates,
records and any other data concerning Work performed or to be performed and concerning
materials supplied or to be supplied, as well as Subcontractor payment applications and each
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in all contracts between the Contractor and its Subcontractors.
B.
During construction and for five (5) years after Final Payment, the Contractor shall retain
and shall also require all Subcontractors to retain for review and/or audit by the City all
correspondence, meeting minutes, memoranda, electronic media, books, accounts, reports,
files, time cards, material invoices, payrolls, and evidence of all communications, direct and
indirect costs, and all other matters related to the bidding and performance of the Work.
C.
Upon request by the City, a legible copy or the original of any or all such records shall be
produced by the Contractor at any time during or after construction as the City may request.
D.
The Contractor shall be responsible for laying out its own Work and for any damage
inaccuracies. The Contractor shall also be responsible for unloading, uncrating, storing and
handling all materials and equipment to be erected or placed by it, whether furnished by the
Contractor or others.
E.
The Contractor, Subcontractors, and Suppliers shall be responsible for taking all
appropriate field measurements prior to fabrication and installation of any item. Such
measurements shall be taken sufficiently in advance so as to avoid any delay or potential delay.
Failure to adhere to this provision shall render such delays the responsibility of the Contractor.
F.
Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers,
hardware, accessories, wiring, conduit, ductwork, trim and other parts required for or in
connection with any item or material to make a complete, serviceable, finished and quality
installation shall be furnished and installed as part of the item whether or not expressly called
for by the Drawings or Specifications.
G.
All materials shall be shipped and stored and handled in a manner that will afford
protection and ensure their being in factory-new condition at the time they are incorporated in
the Work. After installation, they shall be properly protected against damage or deterioration
until Final Completion of the Project.
H.
When standards and specifications issued by The American Society of Testing and
Materials, the American Institute of Steel Construction, the U.S. Department of Commerce
(Commercial Standards), or other technical or standard setting organizations are cited in the
Contract Documents, such standards or specifications (and all related standards or
specifications) shall be equally as binding and have the full force and effect as though
incorporated word for word. Unless otherwise specifically stated, the standards and
specifications referred to shall be the latest edition or revision of such specifications that is in
effect on the date of the public bid.
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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 all defects. All damaged or defaced Work shall be repaired or replaced to the
J.
The Contractor shall procure and furnish to the City all guarantees, warranties, manuals,
product literature. Guaranties and warranties shall commence as of the date of Substantial
Completion of the Project.
K.
The Contractor shall pay all royalties and license fees. The Contractor shall defend all
suits or claims for infringement of any patent rights and shall save the City harmless from loss
on account thereof, except that the City shall be responsible for loss attributable when a
particular design, process or the product of a particular manufacturer or manufacturers is
specified. If the Contractor has any reason to believe that the design, process or product
specified could be an infringement of a patent, it shall be responsible for such loss unless it
promptly gives such information in writing to the City.
L.
The Contractor shall limit its operations to the confines of the Project, except as
necessary to connect to existing utilities, and shall not, without the prior written permission of
the affected property City, and encroach on property outside the site. Contractor shall not
permit unauthorized persons or activities on the site and shall maintain the site in a safe and
secure manner.
M.
The Contractor shall prearrange time with the City whenever it becomes necessary to
interrupt any service to make connections, alterations or relocations and shall fully cooperate
with the City in doing Work so as to cause the least annoyance and interference with the
ventilating, air conditioning or electrical disconnections which may affect portions of this
construction or building or any other building must be coordinated with the City to avoid any
disruption of operation within the building or construction or other building or utilities. In no
case, unless previously approved in writing by the City, shall utilities be left disconnected at the
end of a workday or over a weekend. Any interruption of utilities, whether negligently,
interruption 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.
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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 shall furnish at the
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
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.
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ARTICLE 18
CORRECTION OF WORK
A.
If any portion of the Work is covered over contrary to the request of the City or as
required by the Contract or the applicable building standards, it must be uncovered for
B.
If any portion of the Work, other than those portions required to be inspected by the
City prior to being covered, has been covered over, the City may request that it be uncovered
for observation. If such portion is found to be in accordance with the requirements of the
Contract Documents, the cost of uncovering it shall be charged to the City as a Change Order. If
such portion is found not to be in accordance with the requirements of the Contract
Documents, the Contractor shall bear such costs.
C.
The Contractor shall promptly remove from the site and replace any material or correct
any Work found by the City to be defective or failing to conform to the requirements of the
Contract, whether or not fabricated, installed or completed, and whether discovered before or
after Substantial Completion. The Contractor shall bear all costs of correcting such Work or
material, including the cost of necessary additional professional services and the cost of
repairing or replacing all work of separate contractors or subcontractors damaged by such
removal or correction. The City shall notify the Contractor immediately in writing upon its
knowledge that additional professional services will be necessary and of the extent and
estimated costs of the additional services. The City may consent to accept such Work or
material with an appropriate adjustment in Contract Price.
D.
If the Contractor does not promptly replace or correct such Work or material, the City
may replace or correct the Work or material, and charge or deduct the cost of removal and
replacement from any monies due to the Contractor, or recover such costs from the
Contractor.
E.
If, within two (2) years after the date of Substantial Completion, any of the Work is
found to be defective or not in accordance with the requirements of the Contract, the
Contractor shall correct it promptly after receipt of a written notice from the City to do so. If
the Contractor does not promptly replace or correct such Work or material, the City may
replace or correct the Work or material, and charge or deduct the cost of removal and
replacement from any monies due to the Contractor, or recover such costs from the
Contractor. Nothing contained in this section shall be construed to establish a period of
limitation with respect to any obligation of the Contractor under the Contract or the law. The
obligation of the Contractor under this section shall be in addition to and not in limitation of
any obligations imposed by special guaranties or warranties required by the Contract, given by
the Contractor, or otherwise recognized or prescribed by law.
F.
If, during the running of a guarantee or warranty period, the Contractor must perform
repair work to any portion of the Work, the running of the warranty or guarantee period is
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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.
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
provide a fully documented 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
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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 would in such event sustain. Said sums may be
withheld by the City from any amounts due to the Contractor from the City, whether as the
result of this Contract or any other obligation between the City and the Contractor.
F.
The parties hereby agree that if the Contractor submits an original or updated schedule
which shows the project and/or individual Milestone(s) completing earlier than required by the
adjusted contractual completion date(s), the differences between the forecasted early
completion and the required completion shall be considered Project-owned float available for
use by both the City and the Contractor.
G.
The Contractor shall not sequester shared float through such strategies as extending
activity duration estimates to consume available float, using preferential logic, using extensive
crew/resource sequencing, etc. Since float time within the schedule is jointly owned, no time
extensions will be granted nor delay damages paid until a delay occurs which extends the work
beyond the adjusted Contract completion date. Since float time within the Construction
Schedule is jointly owned, it is acknowledged that City-caused delays on the project may be
offset by City-caused time savings (i.e., critical path submittals returned in less time than
allowed by the Contract, approval of substitution requests which result in a savings of time to
the Contractor, etc.). In such an event, the Contractor shall not be entitled to receive a time
extension or delay damages until all City-caused time savings are exceeded and the Contract
completion date or milestone date is also exceeded.
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H.
It is agreed that no time extensions shall be granted nor delay damages paid unless the
delay is clearly demonstrated by the updated Construction Schedule current as of the month
the change was issued or the delay occurred and which delay cannot be mitigated, offset, or
eliminated through such actions as revising the intended sequence of work or other reasonable
means.
ARTICLE 20
SUSPENSION OF WORK
A.
The City may, at any time and without cause, order the Contractor in writing or cause
the Contractor to suspend, delay or interrupt all or any part of the Work for such period of time
as the City may determine to be appropriate for its convenience. Equitable adjustment shall be
made for any increase in the Contract Time necessarily caused by such suspension or delay by
written Change Order.
ARTICLE 21
RIGHT TO STOP WORK
A.
If the Contractor fails to correct defective Work as required, or fails to carry out the
Work in accordance with the Contract Documents, the City by written notice, may order the
Contractor to stop the Work or any portion of the Work, until the cause for the order has been
eliminated to the satisfaction of the City.
B.
The City may stop Work without written notice for 24 hours whenever in its professional
opinion such action is necessary or advisable to ensure conformity with the Contract
Documents. The Contractor shall not be entitled to an adjustment in the Contract Price or
Contract Time under this subsection. The right of the City to stop the Work shall not give rise to
a duty on the part of the City to exercise this right for the benefit of the Contractor or others.
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
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or 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:
(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
(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
(d) above; the parties agree that this mark-up shall fully cover all contractor Field
Supervision overhead.
percent (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.
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3. By mutual acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation; provided that such lump sum shall not exceed that
amount calculated under item 2 above.
D.
If none of the above methods is agreed upon, the Contractor shall promptly proceed
with performing the change, upon receipt of a written order signed by the City. Any dispute
regarding the pricing methodology or cost of the change shall not relieve the Contractor from
proceeding with the change as directed by the City. The cost or credit to the City shall be
determined by the City on the basis of the preceding subsection.
E.
A fully executed Change Order shall be full and final settlement of all claims for direct,
indirect, delay, disruption, inefficiency and any other consequential costs related to items
covered or affected, as well as time extensions. Any such claim not presented by the Contractor
for inclusion in the Change Order is irrevocably waived.
F.
In an emergency affecting the safety of life, or of the structure, or of adjoining property,
the Contractor, without special instruction or authorization from the City, is permitted to act at
its discretion to prevent threatened loss or injury. Any compensation claimed by the Contractor
on account of such emergency work shall be determined in accordance with this section.
ARTICLE 23
PAYMENT
A.
Payments on account of the Contract Price will be made monthly as Work progresses.
Payment Applications, covering labor, material, equipment, supplies, and other items
completed, delivered, or suitably stored on site during a period ending on the last calendar day
of each month, shall be submitted to the City by the Contractor on the current edition of AIA
Documents G702 and G703, within five (5) days after end of the period. Payment Applications
payment as the City may require, and reflect retainage, if any, as is provided. All payments shall
be subject to any offset or retainage provisions of the Contract.
B.
Each payment made to the Contractor shall be on account of the total amount payable
to the Contractor, and title to all Work covered by a paid partial payment shall thereupon pass
to the City. Nothing in this section shall be construed as relieving the Contractor from the sole
responsibility for care and protection of materials and Work upon which payments have been
made, for restoration of any damaged Work, or as a waiver of the right of the City to require
fulfillment of all terms of Contract Documents.
C.
The City, within seven (7) days after receipt of the Payment Application, will either issue
a Certificate for Payment for such amount as is properly due or issue written notice of the
reasons for withholding such a certificate.
10th Street and Alleyways CDBG
Contract No. 32500004
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29
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.
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
requiring a greater 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
of the Work shall be final.
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.
10th Street and Alleyways CDBG
Contract No. 32500004
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30
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
G.
If any payment of the Contract Price is not made within thirty (30) days and without just
cause, interest shall thereafter accrue on the unpaid principal balance at the minimum rate
allowed by state law (A.R.S. § 44-1201) on the due date.
ARTICLE 24
WARRANTY
A.
The Contractor warrants that all materials and equipment furnished under this Contract
will be new unless otherwise specified, and that all Work will be free from faults and defects
and in strict conformance with the Contract Documents.
B.
of all or a portion of the Premises by the City shall constitute an acceptance of Work not
performed in accordance with the Contract Documents or relieve the Contractor or its sureties
of liability with respect to any warranties or responsibility for faulty materials and
workmanship.
C.
This warranty shall continue for a period of 1 year from the date of final acceptance of
the work. If the City takes possession of any part of the work before final acceptance, this
warranty shall continue for a period of 1 year from the date the City takes possession.
D.
The Contractor or its sureties shall remedy any defects in the Work and any resulting
damage to the Work or the Work of others at its own expense.
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
10th Street and Alleyways CDBG
Contract No. 32500004
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31
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 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
10th Street and Alleyways CDBG
Contract No. 32500004
AJP Electric, Inc.
32
City any and all claims for such overcharges. The Contractor in all subcontracts shall require all
Subcontractors to likewise assign all claims for overcharges to the City.
ARTICLE 28
DISPUTES
A.
determination, by written notice, not more than seven (7) days from the occurrence of the
event which gives rise to the dispute, or not more than seven (7) days from the date that the
Contractor knew or should have known of the problem. Unless the claim is made in accordance
with these time requirements, it is irrevocably waived. The City shall render a written decision
Buckeye 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
otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress
during any claims and controversy proceedings, and the City shall continue to make payments
to the Contractor in accordance with the Contract Documents.
ARTICLE 29
FORUM
A.
No suit or action shall be commenced hereunder by any claimant other than in the
Arizona Superior Court, and only after all contractual and administrative procedures have been
fulfilled. By submitting a bid for this project, Contractor agrees to be bound by the City of
Buckeye Procurement Code Dispute Resolution Procedures and waives any objections to those
procedures.
ARTICLE 30
TERMINATION BY THE CITY
A.
This Contract may be terminated by the City under the conditions stated in A.R.S. § 38-
511.
ARTICLE 31
TERMINATION FOR CAUSE
A.
The City may terminate the Contract upon the occurrence of any one or more of the
following events:
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Contract No. 32500004
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33
1. If the Contractor refuses or fails to prosecute the Work, or any separable part, with
such diligence as will ensure its completion within the Contract Time; or if the Contractor fails
to complete the Work within the Contract Time;
2. If the Contractor or any of its key subcontractors is adjudged a bankrupt or insolvent
or makes a general assignment for the benefit of creditors, or if the Contractor or any of its key
reorganize under the bankruptcy or similar laws concerning the Contractor or any of its key
subcontractors, or if a trustee or receiver is appointed for the Contractor or any of its key
insolvency, 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
issuing a written Declaration of Default. The City shall have the sole discretion to permit the
right to terminate the Contract.
B.
If the Contract is terminated, the City may take over the Work and prosecute it to
completion, by contract or otherwise, and may exclude the Contractor from the site. The City
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
10th Street and Alleyways CDBG
Contract No. 32500004
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34
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
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.
over and complete the Work on the Contract. The City may require that in so doing, the
after the demand, the City may take over the Work and prosecute it to completion as provided
above.
E.
The City shall have the option of requiring any, all or none of the Subcontractors to
perform according to their subcontracts and may assign any or all of the subcontracts to a
general contractor selected to complete the Work.
F.
If the City takes over the Work, unexecuted orders entered into by the Contractor for
performance of any part of the Work will be effective upon acceptance by the City in writing
and only as to those subcontracts and purchase orders which the City designates in writing.
G.
The Contractor shall be liable for any damage to the City resulting from the termination
repair and completion of the Project over and beyond the amount of the Contract. The
Contractor shall be liable for all legal fees and costs required to enforce the provisions of the
Contract.
H.
If the City terminates the Contract, the Contractor shall remain liable for liquidated
damages for delay until such reasonable time as may be required for final completion of the
Work. Such damages shall be in addition to and not in lieu of any other damages sustained by
City in completing the Work.
I.
In the event the Contract is terminated, the termination shall not affect any rights of the
City against the Contractor. The rights and remedies of the City under this section are in
addition to any other rights and remedies provided by law or under this Contract. Any retention
10th Street and Alleyways CDBG
Contract No. 32500004
AJP Electric, Inc.
35
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
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
assignment.
ARTICLE 34
LAW TO GOVERN
This Contract is made under and shall be construed in accordance with the laws of the State of
Arizona. If any portion of this Contract is found to be unenforceable the rest and remainder of
the Contract shall remain in full force and effect so as to effectuate the intent of the parties.
Each party acknowledges that it has had an opportunity to review this Contract with counsel
and this document shall be construed fairly and equitably so as to effectuate the intention of
the parties irrespective of who is determined to have been the drafter of the document.
ARTICLE 35
E-VERIFY REQUIREMENTS
To the extent applicable under A.R.S. §41-4401, the Contractor and its subcontractors or
subconsultants warrant compliance with all federal immigration laws and regulations that
relate to their employees and compliance with the E-verify requirements under A.R.S. §23-
10th Street and Alleyways CDBG
Contract No. 32500004
AJP Electric, Inc.
36
warranty shall 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
contractors, subcontractors, or suppliers that use the forced labor or any goods or services
END OF SECTION
10th Street and Alleyways CDBG
Contract No. 32500004
AJP Electric, Inc.
37
EXHIBIT B
TO CONSTRUCTION CONTRACT
BETWEEN
CITY OF BUCKEYE
AND
AJP ELECTRIC, INC.
(Contractor Bid Forms)
[Awarded Contractor bid forms to be inserted in Construction Contract]
10th Street and Alleyways CDBG
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51
1551 E. Eugie Ave, Phoenix, AZ 85022
602-467-9391
jozef.paganik@ajpelectric.com
PROFESSIONAL SUMMARY
CEO/ Estimator and Project Manager of AJP Electric, Inc.
Over 55 years of experience in the electrical trade.
Oversees all AJP Electric, Inc. projects involving Generators, SES, UPS installations, Traffic Signals,
Park Sports Field Lighting and Wastewater Treatment Plants.
Responsible for all business and operational aspects; Estimating, Staffing, Safety, Customer and
Vendor Relations, Leadership, Development, and the day-to-day Growth of the Company.
Provides direction to the Project Managers and Field Foremen in the daily operations of the
company.
CREDENTIALS
IMSA Work Zone Safety
IMSA Traffic Signals Technician Level 1
IMSA Traffic Signals Technician Level 2
OSHA 30 Hour Certification
OSHA 10 Hour Certification
OSHA Fall Protection
Aerial Equipment Certification
OSHA Underground Competent Person
NFPA 70E-2021 edition
EXPERIENCE
Estimator/ Project Manager-
1987-Present
Phoenix, Arizona
Electrical Foreman
1985-1987
Tempe, Arizona
Electrician
1984-1985
Baltimore, Maryland
Electrician
1982-1984
Baltimore, Maryland
Electrical Engineer
1978-1982
Povazska Bystrica, Czechoslovakia
Electro-Technician
1973-1978
Bystrica, Czechoslovakia
EDUCATION
Electro-Engineering Degree
1973-1978
Czechoslovakia
Electrician by Trade Diploma 1970-1973
Czechoslovakia
AFFILIATIONS
Independent Electrical Contractors Association, Member
International Association of Electrical Inspectors, Member
Arizona Subcontractors Coalition, Member
International Municipal Signal Association, Member
10th Street and Alleyways CDBG
Contract No. 32500004
AJP Electric, Inc.
52
3219 W. Kimberly Way, Phoenix, Arizona 85027
602-451-2515
greg.cliffords@ajpelectric.com
PROFESSIONAL SUMMARY
Project Manager/ Superintendent of AJP Electric, Inc.
Employed by AJP Electric, Inc. from 1987-2001 and then again from 2005-Present. (moved to
Nebraska from 2001-2005 for personal reasons)
Over 48 years of experience in electrical trade and heavy construction.
Specializes in Traffic Control Signal and Road Improvements, Street Lighting, Park Ball Field
Sports Lighting, Parking Lot Lighting, Generator Installations, Waste Water Treatment Projects.
Responsible for obtaining permits, coordinating inspections, making sure each phase of the job is
started and completed per schedule, providing appropriate manpower needed for each phase, and
coordinating the equipment needed on various job sites.
Provides direction to the Field Foreman in the daily operations of the company.
CREDENTIALS
IMSA Work Zone Safety
IMSA Traffic Signals Technician Level 1
IMSA Traffic Signals Technician Level 2
OSHA 30 Hour Certification
OSHA 10 Hour Certification
OSHA Fall Protection
Aerial Equipment Certification
OSHA Underground Competent Person
Forklift Training
Maricopa County Dust Control Competent Person
Rigging and Signaling
First Aid/ CPR
NCCER- Rubber Tire Truck Mount: Telescoping Boom, Rotating Controls
EXPERIENCE
Estimator/ Project Manager
2005-Present
Phoenix, Arizona
Self-Employed
2001-2005
Grand Island, Nebraska
Superintendent
1987-2001
Phoenix, Arizona
Journeyman
1986-1987
Tempe, Arizona
Electrical Foreman
1984-1986
Grand Island, Nebraska
Electrical Journeyman
1981-1984
Lincoln, Nebraska
Lineman 1977-1981
Grand Island, Nebraska
EDUCATION
Platt College
Wichita, Kansas
Topeka, Kansas
10th Street and Alleyways CDBG
Contract No. 32500004
AJP Electric, Inc.
53
39620 N. 3rd Ave, Phoenix, Arizona 85086
602-703-8216
michael.paganik@ajpelectric.com
PROFESSIONAL SUMMARY
Project Manager/ Project Manager/ Director of Safety of AJP Electric, Inc.
Employed by AJP Electric, Inc. since 2004.
Project Manager for all heavy civil work and underground dry utility projects.
Specializes in Traffic Control Signals and Road Improvement Projects.
Responsible for obtaining permits, coordinating inspections, making sure each phase of the job is
started and completed per schedule, providing appropriate manpower needed for each phase, and
coordinating the equipment needed on various job sites.
Provides direction to the Field Foreman in the daily operations of the company.
Director of safety program.
CREDENTIALS
IMSA Work Zone Temporary Traffic Control Technician
IMSA Traffic Signals Technician Level 1
IMSA Traffic Signals Technician Level 2
ATSSA Traffic Control Technician
ATSSA Traffic Control Supervisor
OSHA 30 Hour Certification
OSHA 10 Hour Certification
OSHA Fall Protection
Aerial Equipment Certification
OSHA Underground Competent Person
Forklift Training
Rigging and Signaling
CPR/First Aid
Erosion Control Coordinator
Globally Harmonized System Trainer
Maricopa County Comprehensive Dust Control Certification
Pinal County Basic Dust Control Training Certification
EXPERIENCE
Project Manager/ Project Manager/ Safety Director
2004-Present
Phoenix, Arizona
EDUCATION
, Tempe, Arizona
Minor in Business Management
Tempe, Arizona
AFFILIATIONS
Independent Electrical Contractors Association, Member
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Primary Responses
Success: All data is valid!
Numeric
Status
Bid/No Bid
Decision
#
Item
Quantity
Required
Unit
Unit Price
Total Cost
General Items
Success: All values provided
Bid
#1-1
1. Construction Surveying and Layout
1
LS
$ 12,000.00
$ 12,000.00
Success: All values provided
Bid
#1-2
2. As-Builts
1
LS
$ 4,000.00
$ 4,000.00
Success: All values provided
Bid
#1-3
3. Contractor Quality Control
1
LS
$ 15,000.00
$ 15,000.00
Success: All values provided
Bid
#1-4
4. SWPPP/Erosion Protection
1
LS
$ 8,000.00
$ 8,000.00
Success: All values provided
Bid
#1-5
5. Mobilization/Demobilization
1
LS
$ 75,000.00
$ 75,000.00
Success: All values provided
Bid
#1-6
6. Traffic Control
1
LS
$ 20,968.20
$ 20,968.20
Basket Total
$ 134,968.20
Construction Items
Success: All values provided
Bid
#2-1
7. Riprap, D50=6"
16
CY
$ 273.27
$ 4,372.32
Success: All values provided
Bid
#2-2
8. Subgrade Preparation
2830
SY
$ 27.45
$ 77,686.33
Success: All values provided
Bid
#2-3
9. Aggregate Base Course, 8" Thick
2589
SY
$ 27.72
$ 71,777.44
Success: All values provided
Bid
#2-4
10. Aggregate Base Course, 12" Thick
26
SY
$ 94.66
$ 2,461.28
Success: All values provided
Bid
#2-5
11. 2" Asphalt Concrete Pavement (A12.5mm
Arterial Superpave)
26
SY
$ 76.18
$ 1,980.65
Success: All values provided
Bid
#2-6
12. 4" Asphalt Concrete Pavement (A19.0mm
Arterial Superpave)
26
SY
$ 108.24
$ 2,814.19
Success: All values provided
Bid
#2-7
13. 3" Asphalt Concrete Pavement (R12.5mm
Marshall Mix)
2804
SY
$ 36.55
$ 102,481.99
Success: All values provided
Bid
#2-8
14. Bituminous Tack Coat SS-1h, Diluted
0.01
TN
$ 20,000.00
$ 200.00
Success: All values provided
Bid
#2-9
15. Vertical Curb & Gutter, MAG Det 220, Type A,
H=6"
568
LF
$ 58.68
$ 33,331.94
Success: All values provided
Bid
#2-10
16. Roll Curb & Gutter Termination per Detail
2
EA
$ 429.88
$ 859.76
Success: All values provided
Bid
#2-11
17. Roll Curb & Gutter, MAG Det 220, Type C,
H=2"
55
LF
$ 60.16
$ 3,308.53
Success: All values provided
Bid
#2-12
18. Single Curb, MAG Det 222, Type A, H=6"
25
LF
$ 65.85
$ 1,646.25
Success: All values provided
Bid
#2-13
19. Modified 8' Curb Cut Type 1 per MAG Det 226-
1
3
EA
$ 574.90
$ 1,724.70
Success: All values provided
Bid
#2-14
20. Parking Stop Header Curb, H=4"
12
LF
$ 35.00
$ 420.00
Success: All values provided
Bid
#2-15
21. Concrete Header Curb, H=6"
13
LF
$ 66.66
$ 866.58
Success: All values provided
Bid
#2-16
22. Concrete Sidewalk, MAG Det 230
954
SF
$ 13.29
$ 12,681.05
Success: All values provided
Bid
#2-17
23. Concrete Driveway per MAG Det 260
220
SF
$ 22.17
$ 4,877.95
Success: All values provided
Bid
#2-18
24. Adjust Manhole Frame & Cover, MAG Det 422
3
EA
$ 851.42
$ 2,554.26
Success: All values provided
Bid
#2-19
25. Adjust Valve Box & Cover, MAG Det 391-1-A
3
EA
$ 751.42
$ 2,254.26
Success: All values provided
Bid
#2-20
26. Remove & Replace Water Meter Box & Cover
with Traffic Rates Box and Adjust to Grade
2
EA
$ 1,799.04
$ 3,598.08
10th Street and Alleyways CDBG
Contract No. 32500004
AJP Electric, Inc.
58
Success: All values provided
Bid
#2-21
27. Remove & Replace Sewer Clean Out Box with
Traffic Rates Box and Adjust to Grade
1
EA
$ 1,399.04
$ 1,399.04
Success: All values provided
Bid
#2-22
28. Remove Concrete Curb & Gutter and Single
Curb
237
LF
$ 12.93
$ 3,064.17
Success: All values provided
Bid
#2-23
29. Remove Concrete Sidewalks, Sidewalk
Ramps, Driveways, and Slabs
279
SF
$ 6.79
$ 1,894.41
Success: All values provided
Bid
#2-24
30. Remove Asphalt Concrete Pavement
103
SY
$ 36.41
$ 3,750.23
Success: All values provided
Bid
#2-25
31. Remove Bollards
1
EA
$ 340.81
$ 340.81
Success: All values provided
Bid
#2-26
32. Replace Decorative Site Light and Dual Mast
Arm and Luminaire
5
EA
$ 4,586.25
$ 22,931.25
Success: All values provided
Bid
#2-27
33. Relocate Sign per COB DTL 65120
1
EA
$ 324.76
$ 324.76
Success: All values provided
Bid
#2-28
34. 4" White Traffic Paint Stripe
67
LF
$ 20.70
$ 1,386.90
Success: All values provided
Bid
#2-29
35. Remove Paint Stripe
8
LF
$ 102.92
$ 823.36
Success: All values provided
Bid
#2-30
36. Reflectorized Raised Pavement Marker (Type
D, Yellow, 2-Way)
8
EA
$ 21.46
$ 171.68
Success: All values provided
Bid
#2-31
37. Catch Basin, MAG Det 535, Type F
1
EA
$ 5,034.24
$ 5,034.24
Basket Total
$ 373,018.40
Construction Administration
Success: All values provided
Bid
#3-1
38. Construction Administrative Services (15% of
General Items and Construction Items)
0.15
Percentage
$ 507,986.60
$ 76,197.99
Basket Total
$ 76,197.99
Allowance
Success: All values provided
Bid
#4-1
Unidentified Item Allowance (10% of General
Items and Construction Items)
0.1
Percentage
$ 507,986.60
$ 50,798.66
Basket Total
$ 50,798.66
Grand Total
$ 634,983.25
10th Street and Alleyways CDBG
Contract No. 32500004
AJP Electric, Inc.
59
EXHIBIT C
TO
CONSTRUCTION CONTRACT
BETWEEN
CITY OF BUCKEYE
AND
AJP ELECTRIC, INC.
(Plans and Specifications)
10th Street and Alleyways CDBG
Contract No. 32500004
AJP Electric, Inc.
60
ON FILE IN THE OFFICE OF THE CITY CLERK
EXHIBIT D
TO
CONSTRUCTION CONTRACT
BETWEEN
CITY OF BUCKEYE
AND
AJP ELECTRIC, INC.
(Wage Determination)
10th Street and Alleyways CDBG
Contract No. 32500004
AJP Electric, Inc.
82
ON FILE IN THE OFFICE OF THE CITY CLERK
EXHIBIT E
TO
CONSTRUCTION CONTRACT
BETWEEN
CITY OF BUCKEYE
AND
AJP ELECTRIC, INC.
(Payment and Performance Bonds)
10th Street and Alleyways CDBG
Contract No. 32500004
AJP Electric, Inc.
93
10th Street and Alleyways CDBG
Contract No. 32500004
AJP Electric, Inc.
94
10th Street and Alleyways CDBG
Contract No. 32500004
AJP Electric, Inc.
95