Agreement

City of Chandler — Regular Meeting (2026-10-15)

Extracted text (via pymupdf_layout) 642696 characters

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler, Arizona
Public Works & Utilities Department
Capital Projects Division
CONSTRUCTION BID
ALLEY REHAB DUST EMISSIONS PHASE III
CITY PROJECT NO.: ST2310.401
FEDERAL NO.: CHN-0(256)D
ADOT NO.: T0555-01C
MAYOR
Kevin Hartke
VICE MAYOR
Angel Encinas
COUNCIL
OD Harris Matt Orlando
Christine Ellis Jane Poston Jennifer Hawkins
__________________________________________________
Daniel Haskins, P.E.
CIP City Engineer

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
CITY OF CHANDLER, ARIZONA
CONSTRUCTION BID
TABLE OF CONTENTS
INVITATION TO BID
BID SUBMITTAL LIST
CONSTRUCTION AGREEMENT
PROJECT SPECIFIC SPECIAL PROVISIONS
GENERAL CONDITIONS
TECHNICAL SPECIFICATIONS
GIS/GPS DATA DELIVERY REQUIREMENTS
(not applicable)
FEDERAL PROVISIONS

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LEGAL AD DEPARTMENT
INVITATION TO BID
ALLEY REHAB DUST EMISSIONS PHASE III
CITY PROJECT NO.: ST2310.401; Federal No.: CHN-0(256)D; ADOT No.: T0555-01C
NOTICE IS HEREBY GIVEN that sealed bids will be received and date/time stamped by the City of Chandler
Capital Projects Office, 215 East Buffalo Street, Chandler, Arizona 85225 until the bid submission date
specified below.
Solicitation documents and addenda may be downloaded at the Arizona Procurement Portal -
https://app.az.gov/. It is the contractor's sole responsibility to obtain all addenda from the Arizona
Procurement Portal prior to submitting their bid proposal, and to acknowledge receipt and acceptance of
the addenda in their bid proposal submittal. No separate notification of addenda will be issued. The City
recommends Contractors regularly check Arizona Procurement Portal - https://app.az.gov/ for updated
information.
PRE-BID CONFERENCE:
July 7, 2026 THERE WILL BE A MANDATORY PRE-BID MEETING.
3:00 p.m. Chandler City Council Chambers, 88 East Chicago Street, Chandler, AZ 85225
Arizona time
SOLICITATION QUESTIONS DUE DATE:
All solicitation questions must be emailed to Bid.Questions@chandleraz.gov with
July 10, 2026 the subject line of:
5:00 p.m. “ST2310.401; Federal No.: CHN-0(256)D; ADOT No.: T0555-01C Alley Rehab Dust
Arizona time Emissions Phase III BID QUESTION”.
Questions received after the due date and time will NOT be considered.
BID SUBMISSION:
Sealed bids must be delivered to the City of Chandler Capital Projects Office located
at 215 East Buffalo Street, Chandler, Arizona, 85225.
Bids must be received on or before date and time specified.
At that time, bids will be publicly opened and read aloud in the Saguaro Conference
Room. Bids received after the due date and time will be returned unopened without
consideration.
August 6, 2026
3:00 p.m. All bids must be submitted in a sealed envelope plainly marked as follows:
Arizona time
BID OF _____________________________, CONTRACTOR
FOR: Alley Rehab Dust Emissions Phase III
ST2310.401; Federal No.: CHN-0(256)D; ADOT No.: T0555-01C
Work under this Agreement includes:
Rev. 11/25/25

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
Work must be completed within 400 consecutive calendar days from the Notice to Proceed. The Engineer’s
Estimate range is $4,500,000 - $5,500,000.
Bids must be submitted on the Proposal Form provided and be accompanied by the Bid Bond for not less
than ten percent (10%) of the total bid, payable to the City of Chandler, Arizona, or a certified or cashier's
check. PERSONAL OR INDIVIDUAL SURETY BONDS ARE NOT ACCEPTABLE.
The successful bidder will be required to execute the standard form of agreement for construction prior to
Council award
The successful bidder must furnish a Payment Bond and Performance Bond in the amount equal to one
hundred percent (100%) of the Agreement Price.
The right is hereby reserved to accept or reject any or all bids or parts thereto, to waive any informalities in
any proposal and reject the bids of any persons who have been delinquent or unfaithful to any agreement
with the City of Chandler.
All Bids will remain open for 90 days after the Bid opening day, but the City may, in its sole discretion, release
any Bid and return the bid security prior to that date. No Bidder may withdraw his Bid during this period
without written permission from the City.
Find PRELIMINARY BID RESULTS at: https://www.chandleraz.gov/business/vendor-services/capital-projects
Protest Policy - A protest of a proposed award must be filed WITH THE PURCHASING OFFICE within 5 calendar
days of the first posting of the award recommendation. Award recommendations are posted on the Capital
Projects web site or the City Clerk web site. If the due date occurs on a weekend or holiday the protest must
be filed the next business day.
A Protest must include:
• The name, address and telephone number of the protester;
• The signature of the protester or its representative;
• Identification of the project and the solicitation or agreement number;
• A detailed statement of the legal and factual grounds of the protest including copies of relevant
documents; and
• The form of relief requested.
City will review the protest and issue a written response.
PUBLISHED DATE: 6/25/2026
7/02/2026
Arizona Republic
AFFIDAVIT OF PUBLICATION
Rev. 11/25/25

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BID SUBMITTAL LIST
This list may not include all required bid submission items. It is the Contractor’s
responsibility to read the entire bid and determine all items required by the submission date
and time.
DO NOT DOUBLE-SIDE ANY PART OF THE BID SUBMITTAL
PROJECT NAME: ALLEY REHAB DUST EMISSIONS PHASE III
CITY PROJECT NO.: ST2310.401
FEDERAL PROJECT NO.: CHN-0(256)D
ADOT PROJECT NO.: T0555-01C
***THIS IS A FEDERAL FUNDED PROJECT***
PLEASE INCLUDE THE FOLLOWING ITEMS IN YOUR SUBMITTAL ACCORDING TO THE DATE
AND TIME LISTED IN THE INVITATION TO BID ADVERTISEMENT:
A. Bid Bond (Original – with Seal)
B. Signed Proposal Acknowledgement, and licenses
C. Bid Schedule
D. Subcontractor’s List Form
E. Certificate of Insurability and Bonding
F. Arizona Department of Revenue Privilege Tax License
FEDERAL DOCUMENTS REQUIRED (see Federal Document Section)
1. Federal Non-Collusion Bidding Certificate
2. Verification Statement
3. Forced Labor Ethnic Uyghurs Ban Certification Form
4. EEO Clause / Statement
FEDERAL DOCUMENTS REQUIRED TO BE SUBMITTED TO THE EMAIL ADDRESS PROVIDED IN
THE FEDERAL DOCUMENT SECTION BY 4PM ON THE 5TH DAY POST BID OPENING DAY IN
ORDER FOR BID TO BE CONSIDERED:
1. On-Line DBE BECO Bidders/Proposers List Email Confirmation (do not forward email)
2. DBE Form 3106C
3. DBE Form 3105C (one for each Committed DBE Subcontractor)
Form Rev. 2025-06-06 1

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Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
INVITATION TO BID
ALLEY REHAB DUST EMISSIONS REDUCTION – PHASE III
CITY PROJECT NO.: ST2310.401
FED PROJECT NO.: CHN-0(256)D; ADOT PROJECT NO.: T0555-01C
ADDENDUM NO. 1
July 30, 2026
1. Bidder must acknowledge receipt of this addendum on the Proposal Acknowledgement
page of the BID SUBMITTAL. This addendum, containing 4 page(s), is hereby
incorporated into the Construction Agreement by this reference.
2. Replace Construction Agreement Article 5.1.1 with the following:
The total Agreement Duration is 800 Calendar Days (including Substantial Completion
by 740 Calendars Days and Final Acceptance by 800 Calendar Days).
3. Replace Bid Submittal List, Page 3, Proposal Acknowledgement with the revised version
attached.
4. The following questions were received, and the answers are provided for your
information:
QUESTION: Can the city provide a more detailed specification or a gradation for the
asphalt milling material?
RESPONSE: The required material shall conform to MAG Section 702, Table 702-1,
Type B gradation and applicable physical-property requirements.
QUESTION: Can you provide further detail on the ground level construction
requirements in general condition 4.4.9 such as the frequency and
quantity of locations & photos required each period?
RESPONSE: The intent of the requirement is to adequately document existing
conditions and construction progress. At a minimum, the contractor
should photograph all alley entrance aprons, ramps, and any existing
damaged improvements prior to construction, periodically throughout
construction, and after completion. Photographs should be date
stamped and clearly identify the applicable alley or work location.
Additional guidance may be provided by the Engineer during
construction. The Contractor shall be responsible for documenting and
Project Name: Alley Rehab Dust Emissions Reduction – Phase III – Addendum No. 1 Page 1 of 3
Project No.: ST2310.401; CHN-0(256)D; T0555-01C

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demonstrating that any damage within the project limits existed prior to
the commencement of construction. Pre-construction photographs and
other supporting documentation shall serve as the basis for determining
whether damage was pre-existing. Any reimbursement for the repair or
replacement of damaged items will be considered only when the
Contractor provides sufficient evidence establishing that the damage
occurred prior to construction activities.
QUESTION: Will the City require this project be built on a phased basis per general
condition 6.3.3.2?
RESPONSE: Yes. The City anticipates requiring phased construction to minimize
impacts to residents and maintain access where practical. Phasing shall
be coordinated with the Engineer and Public Outreach Consultant
throughout construction.
QUESTION: On page 4 of the technical specifications, it is stated that a milled alley
must not be left open to the elements for longer than 24 hours, is the
expectation that each alley is milled and has millings placed back the next
day?
RESPONSE: Yes. The intent is that milling operations and placement of asphalt
millings occur within 24 hours whenever practical. If unforeseen
circumstances prevent placement within that timeframe, the contractor
shall comply with the specification requirements, including any required
pumping of ponded water and re-inspection before placement proceeds.
QUESTION: Due to the equipment and the means & methods required to perform
this work, there is a high likelihood of damage occurring to the concrete
at the alley entrances. Will the City consider adding an allowance item for
any necessary concrete repair or replacement at the end of the project?
RESPONSE: No. The City does not anticipate adding an allowance for contractor-
caused damage. Protection of existing improvements is considered part
of the contractor's means and methods. Damage resulting from
construction activities shall be repaired by the contractor in accordance
with the contract documents.
QUESTION: Will the contractor be responsible for distributing notifications produced
by the city’s public outreach consultant?
RESPONSE: Yes. The Public Outreach Consultant will prepare outreach materials as
applicable; however, the contractor is responsible for participating in the
Project Name: Alley Rehab Dust Emissions Reduction – Phase III – Addendum No. 1 Page 2 of 3
Project No.: ST2310.401; CHN-0(256)D; T0555-01C

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public involvement program, including notifying affected residents. This
may include distributing flyers or door hangers prepared by the Public
Outreach Consultant.
QUESTION: For Item 4 (Mill Alleyway, Six Inches), would the City consider an in-place
pulverizing process as an approved alternative to the specified cold
milling operation, provided it achieves the required finished product and
project performance requirements?
RESPONSE: The Contract Documents establish the required end product. Subject to
compliance with all Contract Documents, including the specified material
requirements, gradation, and project performance criteria, the
Contractor may propose an alternative means and methods for review
and acceptance by the Engineer. Acceptance of an alternative
construction method does not relieve the Contractor of responsibility
for meeting all specification requirements.
QUESTION: Confirm whether Item 5 (Subgrade Preparation) would allow the use of
an in-place pulverizer/reclaimer such as an FAE attachment for preparing
the subgrade?
RESPONSE: The Contract Documents do not prohibit the use of an in-place
pulverizer/reclaimer (e.g., an FAE attachment or approved equal) for
subgrade preparation. Means and methods are at the Contractor's
discretion. Any equipment utilized shall produce material meeting the
specified requirements, and the completed work shall comply with all
applicable Contract Documents.
E-mail all questions to BID.Questions@chandleraz.gov.
DIRECT CONTACT WITH SELECTION COMMITTEE MEMBERS, INCLUDING PROJECT
MANAGERS AND/OR ANY OTHER CITY EMPLOYEE, OTHER THAN THE CONTRACT
SERVICE REPRESENTATIVE, CONCERNING THIS RFQ, AT ANY TIME IS STRICTLY
PROHIBITED.
Daniel Haskins, P.E.
CIP City Engineer
Public Works & Utilities Dept. – Capital Projects
Project Name: Alley Rehab Dust Emissions Reduction – Phase III – Addendum No. 1 Page 3 of 3
Project No.: ST2310.401; CHN-0(256)D; T0555-01C

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
CITY OF CHANDLER, ARIZONA
PUBLIC WORKS & UTILITIES DEPARTMENT
CAPITAL PROJECTS DIVISION
CONSTRUCTION AGREEMENT
ALLEY REHAB DUST EMISSIONS REDUCTION - PHASE III
CITY PROJECT NO.: ST2310.401
FEDERAL PROJECT NO.: CHN-0(256)D
ADOT PROJECT NO.: T0555-01C
MAYOR
KEVIN HARTKE
VICE MAYOR
ANGEL ENCINAS - VICE MAYOR
CITY COUNCIL
OD Harris Matt Orlando
Christine Ellis Jane Poston Jennifer Hawkins
__________________________________________________
Daniel Haskins, P.E.
CIP City Engineer
Project Name: Alley Rehab Dust Emissions Reduction - Phase III
City Project No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
Rev. 1/15/2026 Page i

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CITY OF CHANDLER, ARIZONA
ALLEY REHAB DUST EMISSIONS REDUCTION - PHASE III
CITY PROJECT NO.: ST2310.401; FED NO.: CHN-0(256)D; ADOT NO.: T0555-01C
TABLE OF CONTENTS
PARTICIPANTS AND PROJECT .......................................................................... C-2
AGREEMENT DOCUMENTS .............................................................................. C-4
CONSTRUCTION SERVICES ............................................................................... C-4
CITY RESPONSIBILITIES .................................................................................... C-4
AGREEMENT TIME ............................................................................................ C-6
AGREEMENT PRICE ........................................................................................... C-7
PAYMENT .......................................................................................................... C-7
CHANGES TO THE AGREEMENT ....................................................................... C-7
SUSPENSION AND TERMINATION .................................................................. C-7
INSURANCE AND BONDS ............................................................................... C-7
INDEMNIFICATION ......................................................................................... C-8
DISPUTE RESOLUTION ................................................................................... C-8
FORCED LABOR OF ETHNIC UYGHURS PROHIBITED .................................. C-8
EXHIBIT A – PROJECT SPECIFIC SPECIAL PROVISIONS ....................................................... A-1
EXHIBIT B – GENERAL CONDITIONS ................................................................................... B-1
EXHIBIT C – TECHNICAL SPECIFICATIONS .......................................................................... C-1
EXHIBIT D – GIS / GPS DATA DELIVERY REQUIREMENTS (NOT APPLICABLE) .................. D-1
EXHIBIT E – FEDERAL PROVISIONS .................................................................................... E-1
Project Name: Alley Rehab Dust Emissions Reduction - Phase III
City Project No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
Rev. 1/12/2026 Page 1

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CONSTRUCTION SERVICES AGREEMENT
PROJECT NO.: ST2310.401; FED NO.: CHN-0(256)D; ADOT NO.: T0555-01C
This Agreement (“Agreement”) is made and entered into on the _____ day of __________, 2026,
by and between City of Chandler, an Arizona municipal corporation, hereinafter called “City”
and Cactus Transport II, LLC the “Contractor” designated below (City and Contractor may
individually be referred to as “Party” and collectively referred to as “Parties”).
City and Contractor agree as follows:
PARTICIPANTS AND PROJECT
CITY: CIP City Engineer: Daniel Haskins, P.E.
Public Works & Utilities Department
P.O. Box 4008, Mail Stop 407 Chandler, AZ 85244-4008
Phone: 480-782-3335 Email: Daniel.haskins@chandleraz.gov
CITY: Construction Project Manager: Raymond Potts
Public Works & Utilities Department
P.O. Box 4008, Mail Stop 407 Chandler, AZ 85244-4008
Phone: 480-782-3326 Email: Raymond.Potts@chandleraz.gov
Contractor: Legal Company Name: Cactus Transport II, LLC
Mailing Address: 8211 West Sherman Street
Tolleson, AZ85353 85353
Physical Address: 8211 West Sherman Street
Tolleson, AZ85353 85353
Arizona Roc No.: 199430A
Federal Tax Id No.: 92-1971605
State Where Organized: Arizona
Business Organization: Limited Liability Company
Statutory Agent Name: National Registered Agents, Inc.
Statutory Agent Mailing Address: 3800 North Central Avenue, Suite 460
Phoenix, AZ 85012
Statutory Agent Physical Address: 3800 North Central Avenue, Suite 460
Phoenix, AZ 85012
Contractor’s Authorized Project Representative:
Name: Vernon Carmean
Title: Division President PPG Southwest
Phone: 623-695-7261
Email: vernonc@pavmentpreservationgroup.com
Project Name: Alley Rehab Dust Emissions Reduction - Phase III
City Project No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
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PROJECT DESCRIPTION:
The Alley Rehab PM10 Dust Emissions Reduction Phase III project is in the City of
Chandler, Maricopa County. This project mitigates dust emissions in four segments of
alleys (19.99 miles) by replacing the top 6 inches of dirt, gravel, and older aggregate base
course with crushed asphalt milling material.
PROJECT LOCATION:
Various locations in City FMA’s 6, 24, 26, and 27, as shown on plans.
Project Name: Alley Rehab Dust Emissions Reduction - Phase III
City Project No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
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AGREEMENT DOCUMENTS
2.1 AGREEMENT DOCUMENTS
The Agreement between City and Contractor will consist of the following Agreement
Documents:
1. This Construction Services Agreement and all of its Exhibits, including Project
Plans and Technical Specifications.
2. General Conditions and General Conditions Appendices, incorporated by
reference.
3. Project Specific Special Provisions as set forth in Exhibit A, incorporated by
reference.
4. Project Bid Proposal.
2.2 In the event of any inconsistency, conflict, or ambiguity between or among the
Agreement Documents, the Agreement Documents will take precedence as described
in Section 14.1.4 of the General Conditions.
2.3 DEFINITIONS
The definitions in Section 2 of the General Conditions apply to all the Agreement
Documents, including this Agreement.
CONSTRUCTION SERVICES
3.1 GENERAL
3.1.1 Scope of Work. All terms and conditions are set forth in the Agreement. Any terms
and conditions and exceptions noted in the Contractor’s proposal or other
documents do not apply unless agreed to in this Agreement or an approved
addendum.
3.1.2 Contractor agrees this is a Unit Price Agreement. Contractor agrees at its own cost and
expense, to do all Work necessary required to fully, timely and properly complete
the construction of the Project in strict accordance with the Agreement Documents
in a good and workmanlike manner, free and clear of all claims, liens, and charges
whatsoever, in the manner and under the conditions specified, within the Agreement
time.
3.1.3 Contractor must provide all of the labor and materials, and perform the Work in
accordance with Section 4 of the General Conditions. Some, but not all, of the major
components of the Construction Services and the corresponding subsections of
Section 4 of the General Conditions are set forth below.
Project Name: Alley Rehab Dust Emissions Reduction - Phase III
City Project No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
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3.1.4 At all times relevant to this Agreement and performance of the Work, the Contactor
must fully comply with all Laws, Regulations, or Legal Requirements applicable to City,
the Project and the Agreement, including, without limitation, those set forth on
attached Exhibit A.
3.1.5 Contractor must perform the Work under this Agreement using only those firms,
team members and individuals designated by Contractor consistent with
Contractor’s accepted Bid, or otherwise, approved by City pursuant to the General
Conditions. No other entities or individuals may be used without the prior written
approval of the Project Manager.
3.1.6 Contractor must comply with all terms and conditions of the General Conditions.
3.1.7 In the event of a conflict between this Agreement and the General Conditions or an
exhibit hereto or appendix thereto, the terms of this Agreement will control.
3.1.8 Ownership of Work Product. Notwithstanding anything to the contrary in this
Agreement, all Work Product prepared or otherwise created in connection with the
performance of this Agreement, including the Work, are to be and remain the
property of City. For purposes of this provision, “Work Product” will include all designs,
drawings, plans, specifications, ideas, renderings and other information or matter, in
whatever form created (e.g., electronic or printed) and in all media now known or
hereinafter created. All Work Product will be considered Work Made for Hire as
defined in the United States Copyright Act 17 U.S.C. § 101 (Copyright Act). If for any
reason, any such Work is found not to be a Work Made for Hire, Contractor hereby
transfers and assigns ownership of the copyright in such Work to City. The rights in
this Section are exclusive to City in perpetuity.
3.2 CONTRACTOR’S PRE-AGREEMENT AND PRE-WORK DELIVERABLES
3.2.1 The Contractor must provide the Deliverables in accordance with Section 4.2 of
the General Conditions.
3.3 PRE-CONSTRUCTION CONFERENCE
Contractor must attend the Pre-Construction Conference in accordance with Section
4.3 of the General Conditions.
3.4 PERFORMANCE OF THE WORK (INCLUDING FIELD MEASUREMENTS,
SUBCONTRACTORS, AND SUPPLIERS)
Contractor must perform the Work in accordance with Section 4.4 of the General
Conditions.
Project Name: Alley Rehab Dust Emissions Reduction - Phase III
City Project No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
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3.5 CONTROL OF THE PROJECT SITE
Contractor must control and maintain the Project Site in accordance with Section 4.5
of the General Conditions.
3.6 PROJECT SAFETY
Contractor must implement and enforce Project safety in accordance with Section 4.6
of the General Conditions.
3.7 MATERIALS QUALITY, SUBSTITUTIONS AND SHOP DRAWINGS
Contractor must provide materials testing and submit substitute materials and Shop
Drawings in accordance with Section 4.7 of the General Conditions.
3.8 PROJECT RECORD DOCUMENTS
Contractor must maintain and make available the Project Record Documents in
accordance with Section 4.8 of the General Conditions.
3.9 WARRANTY AND CORRECTION OF DEFECTIVE WORK
Contractor must provide warranties and correct defective Work in accordance with
Section 4.9 of the General Conditions.
CITY RESPONSIBILITIES
4.1 City will have the responsibilities, and provide the information specified in, and
subject to the conditions set forth in, Section 5 of the General Conditions.
AGREEMENT TIME
5.1 GENERAL
5.1.1 The total Agreement Duration is 800 Calendar Days (including Substantial
Completion by 740 Calendars Days and Final Acceptance by 800 Calendar Days).
5.1.2 The Agreement Time will start with the Notice to Proceed (NTP) and end with
Final Acceptance, as set forth in Article 5.4 below.
5.1.3 The Agreement Time will be as set forth in the Project Schedule. Contractor agrees
that it will commence performance of the Work and complete the Project through
Final Acceptance within the Agreement Time.
5.1.4 Time is of the essence of this Agreement for the Project, and for each phase and
designated Milestone thereof.
Project Name: Alley Rehab Dust Emissions Reduction - Phase III
City Project No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
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5.1.5 Failure on the part of Contractor to adhere to the approved Project Schedule will
be deemed a material breach and sufficient grounds for termination of this
Agreement by City.
5.2 PROJECT SCHEDULE
5.2.1 The Project Schedule will be updated and maintained throughout Contractor’s
performance under this Agreement in accordance with Section 6.2 of the General
Conditions.
5.3 SUBSTANTIAL COMPLETION
Substantial Completion must be achieved no later than the Substantial Completion
Date set forth in the Project Schedule. Substantial Completion will be determined in
accordance with Section 6.3 of the General Conditions.
5.4 FINAL ACCEPTANCE
5.4.1 Final Acceptance will be obtained within the time period set forth in the Project
Schedule.
5.4.2 Final Acceptance will be issued pursuant to Section 6.5 of the General Conditions.
5.5 LIQUIDATED DAMAGES
5.5.1 Substantial Completion Liquidated Damages. Contractor acknowledges and agrees
that if Contractor fails to obtain Substantial Completion of the Work within the
Agreement Time, City will sustain extensive damages and serious loss as a result of
such failure. The exact amount of such damages will be extremely difficult to
ascertain. Therefore, City and Contractor agree that if Contractor fails to achieve
Substantial Completion of the Work within the Agreement Time, City will be entitled
to retain or recover from Contractor, as liquidated damages and not as a penalty,
the sum per calendar day as indicated in MAG § 108.9.
5.5.2 Final Acceptance Liquidated Damages. For the same reasons set forth in Article 5.5.1
above, City and Contractor further agree that if Contractor fails to achieve Final
Acceptance of the Work within the Agreement Time, City will be entitled to retain or
recover from Contractor, as liquidated damages and not as a penalty, the sum per
calendar day as indicated in MAG § 108.9 commencing from the actual date of
Substantial Completion or Final Acceptance as required under the Agreement.
5.5.3 MAG Liquidated Damages. Liquidated damages provisions in MAG § 108.9 will apply.
5.5.4 City may deduct liquidated damages described in this Article 5.5 from any unpaid
amounts then or thereafter due Contractor under this Agreement. Any liquidated
Project Name: Alley Rehab Dust Emissions Reduction - Phase III
City Project No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
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damages not so deducted from any unpaid amounts due Contractor will be payable
to City at the demand of City, together with interest from the date of the demand at
the highest lawful rate of interest payable by Contractor.
5.6 MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES ONLY
5.6.1 Contractor and City waive claims against each other for consequential damages
arising out of or relating to this Agreement. This mutual waiver includes.
1. Damages incurred by City for rental expenses, for losses of use, income, profit,
financing, business and reputation, and for loss of management or employee
productivity or of the services of such persons; and
2. Damages incurred by Contractor for principal office expenses including the
compensation of personnel stationed there, for losses of financing, business and
reputation, and for loss of profit except anticipated profit arising directly from the
Work.
5.6.2 This mutual waiver is applicable, without limitation, to all consequential damages
due to either party’s termination of this Agreement. Nothing contained in this
Article 5 .6 will be deemed to preclude an award of liquidated damages, when
applicable, in accordance with Article 5.5 above.
5.6.3 Nothing herein will be deemed to constitute a waiver of any other remedy available
to City in the event of Contractor’s default under this Agreement prior to full
performance of the Work including, as applicable, specific performance or
completion of the Work on behalf of Contractor, the cost and expense of which will
be offset against any monies then or thereafter due to Contractor (if any) and
otherwise immediately reimbursed to City by Contractor.
AGREEMENT PRICE
6.1 AGREEMENT PRICE
6.1.1 In exchange for Contractor’s full, timely, and acceptable performances and
construction of the Work under this Agreement, and subject to all of the terms of
this Agreement, City will pay Contractor the “Agreement Price,” which is $6,819,330.
6.1.2 The Agreement Price is all-inclusive and specifically includes all fees, cost, insurance
and bond premiums, and taxes of any type necessary to fully, properly and timely
perform and construct Work.
6.2 CHANGES TO AGREEMENT PRICE
Shall be determined under Section 9 of the General Conditions.
Project Name: Alley Rehab Dust Emissions Reduction - Phase III
City Project No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
Rev. 1/12/2026 Page 8

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PAYMENT
Payments will be made to Contractor in accordance with Section 8 of the General Conditions.
CHANGES TO THE AGREEMENT
Changes to the Agreement may be made in strict accordance with Section 9 of the
General Conditions.
SUSPENSION AND TERMINATION
This Agreement may be suspended or terminated in accordance with Section 10 of the
General Conditions.
INSURANCE AND BONDS
10.1 Contractor must provide insurance in accordance with Sections 11.1 through 11.3
of the General Conditions. Contractor must provide proof of such insurance and all
required endorsements in forms acceptable to City prior to commencing any Work
under this Agreement.
10.2 Contractor must provide performance and payment bonds to City in Accordance with
Section 11.4 of the General Conditions and A.R.S. § 34-222.
10.3 Failure to provide proof of insurance and the required endorsements, or the
required bonds, in forms acceptable to City, will be a material breach and grounds
for termination for cause of this Agreement.
INDEMNIFICATION
Contractor must have and assume the indemnity obligations set forth in Section 12 of the
General Conditions.
DISPUTE RESOLUTION
Any claims or disputes relating to this Agreement will be resolved according to the dispute
resolution process set forth in Section 13 of, and Appendix 6 to, the General Conditions.
FORCED LABOR OF ETHNIC UYGHURS PROHIBITED By entering into this
Agreement, Contractor certifies and agrees Contractor does not currently use and will not
use for the term of this Agreement: (i) the forced labor of ethnic Uyghurs in the People's
Republic of China; or (ii) any goods or services produced by the forced labor of ethnic
Uyghurs in the People's Republic of China; or (iii) any contractors, subcontractors or suppliers
that use the forced labor or any goods or services produced by the forced labor of ethnic
Uyghurs in the People's Republic of China.
Project Name: Alley Rehab Dust Emissions Reduction - Phase III
City Project No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
Rev. 1/12/2026 Page 9

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement through their duly
authorized representatives and bind their respective entitles as of the effective date.
“CITY” “CONTRACTOR”
CITY OF CHANDLER CACTUS TRANSPORT II, LLC
September 18, 2026
Mayor Signature Date
RECOMMENDED BY: Vernon Carmean
Print Name
September 18, 2026 President
Daniel Haskins, P.E. Title
CIP City Engineer
vernonc@pavementpreservationgroup.com
Signer Email Address
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk Seal
Project Name: Alley Rehab Dust Emissions Reduction - Phase III
City Project No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
Rev. 1/12/2026 Page 10

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EXHIBIT A
PROJECT SPECIFIC
SPECIAL PROVISIONS
4.2.7 Aerial Construction Photography
General Conditions Section 4 Subsections 4.2.7.1 & 4.2.7.2 are not applicable to this project.
4.2.8 Government Approvals and Permits
General Conditions Section 4 Subsection 4.2.8.1, City permit fees will be paid internally by the
City and all other fees will be the responsibility of the Contractor.
Subletting of Agreement
Contractor must perform, with his own organization, work amounting to not less than 50 percent
of the total Agreement cost.
Failure to submit Subcontractor’s List Form, demonstrating self-performance not less than 50
percent of the total Agreement cost, will cause the bid to be deemed non-responsive.
Bidders should contact the Arizona Registrar of Contractors for information on license
requirements.
Project Name: Alley Rehab Dust Emissions Reduction - Phase III
City Project No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
Rev. 1/15/2026 A-1

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
EXHIBIT A
PROJECT SPECIFIC
SPECIAL PROVISIONS
4.2.7 Aerial Construction Photography
General Conditions Section 4 Subsections 4.2.7.1 & 4.2.7.2 are not applicable to this project.
4.2.8 Government Approvals and Permits
General Conditions Section 4 Subsection 4.2.8.1, City permit fees will be paid internally by the
City and all other fees will be the responsibility of the Contractor.
Subletting of Agreement
Contractor must perform, with his own organization, work amounting to not less than 50 percent
of the total Agreement cost.
Failure to submit Subcontractor’s List Form, demonstrating self-performance not less than 50
percent of the total Agreement cost, will cause the bid to be deemed non-responsive.
Bidders should contact the Arizona Registrar of Contractors for information on license
requirements.
Project Name: Alley Rehab Dust Emissions Phase III
City Project No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
Rev. 1/15/2026 A-1

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
EXHIBIT B
GENERAL CONDITIONS
Project Name: Alley Rehab Dust Emissions Phase III
City Project No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
Rev. 1/15/2026 B-1

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GENERAL CONDITIONS
Approved date: July 20, 2022

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
TABLE OF CONTENTS
SECTION 1 - SCOPE OF THESE GENERAL CONDITIONS ............................................................................... 3
SECTION 2 - GENERAL DEFINITIONS ............................................................................................................ 3
SECTION 3 - STANDARD SPECIFICATIONS AND DETAILS ........................................................................... 7
SECTION 4 - CONT R ACT OR’S R ES PONS IBILIT IES FOR CONST RUCT ION SE RVIC ES .................................. 8
SECTION 5 - CITY RESPONSIBILITIES .......................................................................................................... 27
SECTION 6 - AGREEMENT TIME ................................................................................................................... 29
SECTION 7 - AGREEMENT PRICE .................................................................................................................. 35
SECTION 8 - PAYMENT ................................................................................................................................. 35
SECTION 9 - CHANGES TO THE AGREEMENT ............................................................................................. 40
SECTION 10 - SUSPENSION AND TERMINATION ...................................................................................... 43
SECTION 11 - INSURANCE AND BONDS ..................................................................................................... 44
SECTION 12 - INDEMNIFICATION ............................................................................................................... 49
SECTION 13 - DISPUTE RESOLUTION .......................................................................................................... 49
SECTION 14 - MISCELLANEOUS PROVISIONS ............................................................................................ 50
SECTION 15 - PROVISIONS APPLICABLE SOLELY TO GMP AND COST-BASED AGREEMENTS, CHANGE
ORDERS, AND JOB ORDERS ......................................................................................................................... 57
SECTION 16 - PROVISIONS APPLICABLE SOLELY TO JOB ORDER AGREEMENTS (JOC) ........................ 61
SECTION 17 - PROVISIONS APPLICABLE SOLELY TO PRE-CONSTRUCTION SERVICES FOR
CONSTRUCTION MANAGER AT RISK .......................................................................................................... 66
SECTION 18 - APPENDICES ...................................................................................................... APP-1 of 30
Appendix 1 – Policy Statement for Calculating Delays and Damages
Appendix 2 – Cost Reduction Incentive Proposals for Design Bid Build Agreements
Appendix 3 – Contractor’s Affidavit Regarding Settlement of Claims
Appendix 4 – Forms of Performance Bond
Appendix 5 – Forms of Payment Bond
Appendix 6 – Dispute Resolution
Appendix 7 – Certificate of Completion
Appendix 8 – Construction Sign Detail
Appendix 9 – Cost of the Work (Applicable solely to Construction Manager at Risk and
Job Order Contracting)
Appendix 10 Landscape Establishment Period
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General Conditions
SECTION 1 - SCOPE OF THESE GENERAL CONDITIONS
These General Conditions encompass provisions that apply, and are incorporated into all
construction Agreements entered into by the City of Chandler, unless otherwise specifically excluded in
the executed Agreement.
SECTION 2 - GENERAL DEFINITIONS
Allowance : A specific amount for a specific item of Work, if any, that City agrees has not been sufficiently
designed, detailed, or selected (including design changes from 90% to 100% as authorized by and at
the discretion of the City) at the time the Agreement Price is agreed to for Contractor to provide a definitive
price.
Alternate Systems Evaluations or Alternative Analysis: Alternatives for design, means and methods or
other scope considerations that are evaluated using value analysis principles and have the potential to
reduce construction costs while still delivering a quality and functional Project that meets City
requirements.
Change Order: A written instrument issued after execution of the Agreement Documents signed by
City and Contractor, stating their agreement upon all of the following: the addition, deletion or revision
in the scope of services or deliverables; the amount of the adjustment to the Agreement Price, the
extent of the adjustment to the Agreement Time, or modifications of other agreement terms. The
Agreement Price and the Agreement Time may be changed only by Change Order.
Consultant: Person or firm that provides professional services.
City (Owner or OWNER): City of Chandler, a municipal corporation, with whom Contractor has entered
into the Agreement and for whom the Work or Services are to be provided pursuant to the Agreement(s).
Contingent Bid Items: This is a minor bid item which is likely, but not certain, to occur during the course
of work. If the Engineer determines that this work is required, the Contractor will accomplish the work
and payment will be made based on the contingent unit bid price included in the proposal. Since the
quantity listed in the proposal is primarily for bid comparison, the amount of work required by the
Engineer may vary materially from this.
Agreement: The written agreement executed between City and Contractor, including all of the Agreement
Documents.
Agreement Documents: The documents which together form the Agreement between City and
Contractor, as identified in Article 2 of the Agreement, or are otherwise incorporated into the
Agreement, including the Agreement, the exhibits thereto, these General Conditions, any Notice to
Proceed, and any Job Order (if applicable), the Plans and Specifications, Project Schedule, written
and properly executed Change Orders, MAG Specifications and City’s amendments thereto, and any
other documents so designated in the Agreement.
Agreement Price: The agreed-upon price to be paid to Contractor for full, timely, and acceptable
completion of the Work or Services under the terms of the Agreement.
Agreement Time(s): The number of calendar days or the dates related to the applicable phase,
Substantial Completion, or Final Acceptance as stated in Agreement Documents. Agreement Time starts
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General Conditions
with the Notice to Proceed (NTP) and ends with Final Acceptance. The Agreement Time is set forth in
the Agreement and is based upon the Project Schedule agreed to by City in writing.
Contractor: The person or business association with whom City has entered into an agreement for
construction related Work or Services in relation to the Project at issue.
Contractor Payment Request: The form that is accepted by City and used by Contractor in requesting
progress payments or final payment and which must include such supporting documentation as is
required by the Agreement Documents or City.
Construction Budget: The City’s budget for construction of the Project.
Construction Documents: The Plans, Specifications, and Drawings prepared and issued by the Design
Professional and approved by City for construction, meaning the documents are sealed by the
Design Professional (as required), acceptable for permitting and incorporated into the Agreement by
this reference. All amendments and modifications to the Construction Documents must be approved in
writing by City prior to incorporation into the Agreement.
Cost of the Work: The term Cost of the Work will mean costs necessarily incurred by Contractor in the
proper performance of the Work. Such costs will be at rates not higher than the standard paid at the
place of the Project except with prior consent of City.
Critical Path Method (CPM): A scheduling technique which identifies the logical sequence of the activities
occurring in a Construction Project, the anticipated time required to complete each activity in the
Project, and the activities that must be completed on schedule to finish the Project within the anticipated
time. Typically, activities are arranged in a network that shows both activities and their dependencies.
CPM is also used as a management technique which enables contracting parties to predict when
activities may occur so that resources can be effectively used and limitations can be identified.
Critical Path: Critical Path is the sequence of project network activities which add up to the longest overall
duration. Once established in the Project Schedule, the Critical Path for the Project must not be
changed without prior written approval of City.
Day: Calendar day(s) unless otherwise specifically stated in the Agreement Documents.
Design Professional: The qualified, licensed person, firm or corporation who furnishes design and
construction administration services required under the Agreement Documents. These services may
include, but are not limited to: development of Construction Drawings and Documents, review of
Contractor Submittal(s), review of and response to Requests for Information, approval and
certification of progress payment applications, construction administration, and construction
agreement close out.
Differing Site Conditions: Concealed or latent physical conditions or subsurface conditions at the Site
that, (i) materially differ from the conditions indicated in the Agreement Documents, or (ii) are of an
unusual nature, differing materially from the conditions ordinarily encountered and generally recognized
as inherent in the Work at the general area of the Site. Caliche, rock, hard-digging or sandy/silty soil
encountered on a project is not considered a “Differing Site Condition.”
Drawings (Plans): Documents, which visually represent the scope, extent and character of the Work to
be furnished and performed by Contractor during the construction phase and which have been prepared
Revised: 7/20/22 GC-4 of 75

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General Conditions
or approved by the Design Professional and City. These documents include Drawings that have reached
a sufficient state of completion and released by Design Professional solely for the purposes of review
and use in performing constructability or bid-ability reviews by Contractor and in preparing cost
estimates (e.g. Master Planning and Programming, Schematic Design, Design Development, and
Construction Drawings), but “not for construction.” Shop Drawings are not Drawings as so defined.
Final Acceptance: The City’s acceptance of the facility or project from the Contractor after all Work is
completed, tested, and inspected in accordance with the Agreement requirements. Final Acceptance
results in a Letter of Acceptance (LOA).
Fixed Price: A fixed price or amount for an Agreement Price, Scope of Work, materials, or other item
under an Agreement, Change Order, or other agreement, which City agrees, in writing, to pay instead
of the actual cost.
Float: The number of Days by which an activity can be delayed without lengthening the Critical Path and
extending the Agreement Time. Unless otherwise expressly agreed in writing, all Float belongs to City.
Laws, Regulations, or Legal Requirements: Any and all applicable laws, rules, regulations, ordinances,
codes and orders applicable to the Project of any and all governmental bodies, agencies, authorities
and courts having jurisdiction and any applicable provisions of the Development Agreement for the
Project (if any), including, without limitation, those provisions relating to the design and construction
of the Project.
Line Item: The individual elements of Work identified on a bid or other schedule and associated with a
price or a unit price and quantity particular to that individual element of the Work. Also refers to
individual items of work within the Schedule of Values.
Liquidated Damages: Designated damages for the City to collect as compensation upon a specific breach
(example: late delivery).
Long-Lead Item: Long-lead item refers to the equipment, product, or system that is identified at the
earliest stage of a project to have a delivery time long enough to affect directly the Critical Path/the overall
lead time of the project.
MAG: The Maricopa Association of Governments.
MAG Specifications: The most current version of the Uniform Standard Specifications for Public Works
Construction published by MAG.
MAG Standard Details: The most current version of the Uniform Standard Details as published by MAG.
Minor change: A change in the Work having no impact on cost or time or the City-approved design intent,
as determined by City.
Notice to Proceed (NTP): A written notice given by City to Contractor fixing the date on which
Contractor will start to perform Contractor’s obligations under the Agreement.
Project: The Project specified in the Agreement (including a Job Order).
Project Manager: The Project Manager designated in Article 1 of the Agreement, or any successor thereto
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General Conditions
designated by City. The Project Manager has the authority to act on behalf of City, as delineated and
limited by the Agreement Documents and applicable law. And City will communicate with Contractor
through the Project Manager. However, the Project Manager has no authority to bind City or City
Council in contravention of any City code, State or Federal statute or regulation, or these General
Conditions.
Project Schedule: The schedule for the completion of the Project agreed to and required by City.
Project Specific Conditions: Additional conditions which apply to the specific Project and Scope of Work
which are set forth in Exhibit D of the Agreement.
Project Team: The Project Team consisting of the Design Professional, Contractor, Project Manager, and
such others as City may designate.
Punch List: The list initially prepared by Contractor pursuant to the Agreement Documents, reviewed
and supplemented by the Project Manager (and at the sole option of the Project Manager, the Design
Professional) and approved by City containing items of incomplete work not impacting Substantial
Completion, if allowed for under the Agreement, and to be completed or corrected by Contractor after
Substantial Completion and before Final Acceptance in accordance with the Agreement Documents.
Quality Assurance (QA) Testing: Testing performed to verify the accuracy and applicability of the QC
testing results and to ascertain that the materials installed meet the specified levels of quality in
accordance with the Agreement Documents.
Quality Control (QC) Testing: Testing performed to assure that the materials installed comply with the
requirements in the Agreement Documents.
Requests for Information (RFIs): Formal written request from Contractor to City or Design Professional
for the Project seeking clarification or additional information needed for Contractor to properly
complete the Work or Services under the Agreement. City may require RFI’s to be submitted on a specific
form or in a specified format.
Schedule of Values (SOV): The specified document prepared by Contractor, and approved and accepted
by City, which divides the Agreement Price into pay items, such that the sum of all pay items equals
the Agreement Price for the construction phase Work, or for any portion of the Work having a separate
specified Agreement Price.
Scope of Work: The scope of work agreed to or required by City and incorporated into the Agreement as
Exhibit A.
Shop Drawings: All drawings, diagrams, schedules and other data specifically prepared for the Work
by Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to
illustrate some portion of the Work.
Site: The land or premises on which the Project is located.
Specifications: The part(s) of the Agreement Documents for the construction phase consisting of written
technical descriptions of materials, equipment, construction systems, standards and workmanship as
applied to the Work and certain administrative details applicable thereto. Where specified, the Project
must be constructed using the current Uniform Standard Specifications and Details for Public Works
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General Conditions
Construction as furnished by the Maricopa Association of Governments, as amended by City.
Subconsultant: A person, firm or corporation having an Agreement with Consultant/Contractor to
furnish services required as its independent professional associate or consultant with respect to the
Project.
Subcontractor: An individual or firm having a direct Agreement with Contractor or any other individual or
firm having an Agreement with the aforesaid contractors at any tier, who undertakes to perform a part
of pre-construction services or construction phase Work at the Site for which Contractor is responsible.
Subcontractors must be selected through the Subcontractor selection process described in the
Agreement Documents, if any.
Substantial Completion: The date when the City determines that the Work (or separable units of Phases
as provided in the Agreement Documents) is essentially and satisfactorily complete in accordance with
the Agreement Documents such that the Project is ready for use by the City for its intended purpose,
opening to the general public, full occupancy or use by City (including, without limitation, all separate
units, or rooms, facilities, access, income-generating areas, and all areas serving the general public, as
applicable, must be ready for full operation without material inconvenience or discomfort), including, to
the extent applicable to the Work, the following: all materials, equipment, systems, controls, features,
facilities, accessories, and similar elements are installed in the proper manner and in operating
condition, inspected, and approved; surfaces have been painted; masonry and concrete cleaned with
any sealer or other finish applied; utilities and systems connected and functioning; site work
complete; permanent heating, ventilation, air conditioning, vertical transportation, and other systems
properly operating with proper controls; lighting and electrical systems installed, operable and
controlled; paving completed, signage installed, and other work as applicable, has been performed to
a similar state of essential and satisfactory completion.
Supplier: A manufacturer, fabricator, distributor, or vendor having a direct Agreement with Contractor
or with any Subcontractor to furnish materials or equipment to be incorporated in the construction
phase Work by Contractor or any Subcontractor.
Total Float: Number of Days by which pre-construction services or construction phase Work or any part
of the same may be delayed without necessarily extending a pertinent Agreement Time or schedule
milestone in the Project Schedule.
Work: The entire completion of construction or the various separately identifiable parts thereof,
required to be furnished during the construction phase. Work includes and is the result of performing
or furnishing labor and furnishing and incorporating materials, resources and equipment into the
construction, and performing or furnishing services and documents as required by the Agreement
Documents for the construction phase.
Writing: Typing, printing, photography and other modes of representing or reproducing words in a
visible form, including email, and expressions.
SECTION 3 - STANDARD SPECIFICATIONS AND DETAILS
3.1 City operates under the latest revision of the MAG Specifications and MAG Standard
Details as amended by City. City’s current amendment to the MAG Specifications, part of
the City’s Unified Development Manual, may be found and downloaded from City’s website
at http://www.chandleraz.gov.
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General Conditions
3.2 Copies of the MAG Specifications and MAG Standard Details are available at the
Maricopa Association of Governments office, 302 N. 1st Avenue, Suite 300, Phoenix,
Arizona. They may also be downloaded from their website at:
http://www.azmag.gov/Newsroom/Publications
3.3 The MAG Specifications and Standard Details and City’s amendments thereto are
incorporated into the Agreement by this reference.
SECTION 4 - CONT R ACT OR’S R ES PONS IBILIT IES FOR CONST RUCT ION SE RVIC ES
4.1 GENERAL
4.1.1 Contractor must construct the Work in accordance with the Agreement Documents and as
outlined in Exhibit A of the Agreement to the satisfaction of City, exercising the degree of
professional care, skill, diligence, quality and judgment that a professional construction
manager engaged, experienced and specializing in the construction management of
construction and facilities of similar scope, function, size, quality, complexity and detail in
urban areas throughout the United States comparable to Chandler, Arizona would exercise
at such time, under similar conditions. Contractor must, at all times, perform the Work in
conformance with sound and generally accepted engineering principles and construction
management and construction contracting practices.
4.1.2 If Contractor observes errors, discrepancies or omissions in the Agreement Documents,
Contractor must promptly notify the Design Professional and City and request clarification.
If Contractor, with the exercise of reasonable care, should have recognized such error,
inconsistency, omission, or difference and fails to report it to City, and if Contractor
proceeds with the Work affected by such observed errors, discrepancies or omissions,
without receiving such clarifications, Contractor does so at its own risk and will be liable to
City for damages resulting from proceeding without clarification.
4.1.3 Project Team and agents of each of them, testing agencies and governmental agencies with
jurisdictional interests will be provided access to the Work at reasonable times for their
observation, inspection, and testing. Contractor must provide proper and safe conditions
for such access.
4.1.4 Contractor must comply with, and require all Subcontractors to comply with, the Arizona
Contractors’ license laws, including all requirements with respect to being duly registered
and licensed.
4.1.5 Contractor must ensure that all employees performing any Work for which Contractor is
responsible have a legal right to live and work in the United States. In addition, all
compensation of any such employee must meet all applicable requirements of the Fair Labor
Standards Act (FLSA) and Federal Minimum Wage laws.
4.1.6 Contractor must comply with the Immigration Reform and Control Act of 1986 (IRCA).
Contractor understands and acknowledges the applicability of the IRCA activities.
Contractor agrees to comply with the IRCA while performing their work and to permit City
inspection of Contractor personnel records to verify such compliance.
4.1.7 Pursuant to MAG Specifications §§ 107.4, Contractor must report immediately any discovery
of archeological ruins or artifacts. Excavation must stop immediately so that City can decide
on the pertinent steps to follow such discovery.
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General Conditions
4.1.8 All property owners that may be affected by the proposed construction activities must be
notified of the scope, duration of the construction activities and possible interference with
their day-to-day activities by Contractor prior to start of construction. In addition, individual
residential or commercial interferences, such as driveway restrictions, water outages, and
all other Work adjacent to residence/business, require 48-hour notification in advance of
specific adjoining Work. Notification may be through door hangers or other procedures
approved by the City.
4.1.9 Access must be maintained to adjacent properties at all times during construction. Where
property has more than one point of access, no more than one access will be restricted or
closed at any one time. Access to adjacent private driveways will be maintained during all
non-working hours.
4.1.10 Contractor must furnish and erect construction signs in accordance with Project
Specifications. The signs must be professionally prepared and subject to approval by City,
must be maintained by Contractor for the duration of the project, and must be removed by
Contractor during the final project clean up.
4.1.11 The number of signs required, the size, shape, installation requirements and information to
be included for construction signs is established on the detail sheet, provided, however,
signs must be a minimum of 4 foot by 8 foot and must be installed so that the bottom of
the sign is at least 4 foot above grade. No direct payment will be made for furnishing and
erecting construction signs. The cost thereof must be included in other items for which
direct payment is made. Sign locations will be determined by City.
4.1.12 All required construction signs must be installed by Contractor within 7 Days of Notice to
Proceed.
4.1.13 The Work to be accomplished under these Agreement Documents has been designed for
City by a Design Professional retained by City for this purpose. It is understood that normal
construction Administration for the purpose of interpretation of the Agreement Documents
is provided by City. Should any services of the Design Professional be required to assist in
the corrections of errors or omissions by Contractor, or services of the Design Professional
be required because of changes in structure or equipment where Contractor has requested
approval of substitute methods or material, or any other items detailed herein below, those
services will be provided by the Design Professional at the standard hourly rates previously
negotiated with City and must be paid for by the Contractor.
4.1.14 Contractor must reimburse City for costs incurred by the Design Professional for additional
services to the Project through no fault of City or the Design Professional including, but not
limited to, the following conditions:
a. Additional Site visits, investigations, inspections, design work or reports by
the Design Professional which are required due to damages to existing
facilities or completed Work caused by the Contractor in his performance,
Contractor’s negligence, or Contractor’s Work which is rejected as defective
or as failing to conform to the Agreement Documents;
b. Design Professional construction phase services rendered on the project
during the time the project remains incomplete after the Agreement date of
final completion will be charged to Contractor at a rate previously negotiated
City; and
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General Conditions
c. All retesting required due to the failure of Contractor’s Work to meet the
requirements of the Agreement Documents will be at Contractor’s expense.
All standby and travel time by the City’s testing lab, the Design Professional
or City due to Contractor’s inability to be prepared for testing at the agreed
upon time will be at the Contractor’s expense.
4.1.15 City may withhold from any payment otherwise due to Contractor any amounts necessary
to pay the Design Professional for such additional services as provided herein above.
4.1.16 Contractor will not be required to bear additional costs incurred by City due to errors by the
Design Professional.
4.2 CONTRACTOR’S PRE-AGREEMENT AND PRE-WORK DELIVERABLES
4.2.1 Prior to award of the Agreement, Contractor must execute Agreement and deliver to City.
Failure to do so may delay Agreement award. Contractor must also provide to City its
Contractor’s License classification and number and its Federal Tax I.D. number.
4.2.2 Before beginning any Work under the Agreement, Agreement must be fully executed by
City.
4.2.3 After Agreement award, City will issue to Contractor an award letter. At that time Contractor
must deliver to City such bonds and certificates of insurance with endorsements in such
amounts (and other evidence of insurance requested by City) required under Section 11 of
these General Conditions, and as the Agreement requires.
4.2.4 As evidence of Workmen’s Compensation Insurance, Contractor must, upon request,
provide a letter of certification from the Industrial Commission of Arizona that Contractor
is insured by the State Compensation Fund or is an authorized self-insurer or a certificate
of insurance issued by an insurance company authorized by the Insurance Department
of Arizona to write Workmen’s Compensation and Occupational Disease Insurance in the
State of Arizona.
4.2.5 Within 10 Days of the date of the executed Agreement letter issued by City, Contractor must
submit to City for review and acceptance the following items:
4.2.5.1 Comprehensive construction Project Schedule including a Critical Path Method (CPM)
diagram schedule as described in Section 6.2. Project Schedule must be in Microsoft Project
standard file format. Within 10 Days of receipt of City’s comments, Contractor must make
all required corrections, adjustments, and additions to complete the Project Schedule and
resubmit to City for review.
4.2.5.2 Preliminary schedule of submittals and Shop Drawings. Within 10 Days of receipt of City’s
comments, Contractor must submit the corrected and completed schedule of Shop
Drawings submissions for approval. Contractor’s schedule of Shop Drawings and sample
submittals will be acceptable to City if it provides a workable arrangement for reviewing and
processing the required submittals.
4.2.5.3 Schedule of Values in a form specified by City reflecting the subcontracts and other
categories that will be used to submit Pay Applications for the Work. The total amount of
the Schedule of Values must not be greater than the Agreement Price. The Schedule of
Values will be reviewed at the Pre-Construction Conference and revised by Contractor within
10 Days after Pre-Construction Conference in response to comments and questions from
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General Conditions
City. Once accepted by City in writing, the Schedule of Values for the Project must not be
changed without the prior written approval of City.
4.2.6 Video Recording Requirement. Prior to performing any Work, Contractor must document
the existing conditions of the Site, all other areas where Work will occur and all adjacent
areas that may be impacted by the Work via digital video format. Contractor must video
record and index all areas, features, buildings and other public and private improvements
that could potentially be impacted by the Work. Video recording must be coordinated with
City. When video recording private property, Contractor must also coordinate the video
recording with the private property owner, if possible. Contractor must provide City with a
copy of said digital video format prior to performing any Work.
4.2.7 Aerial Drone Construction Photography.
4.2.7.1 If Agreement duration is greater than 90 calendar days, Contractor must engage a
professional unmanned aerial vehicle (UAV) aerial pilot to photograph the Site prior to
construction mobilization, at three-month intervals during construction, and following final
inspection. Drone camera specifications must meet the following minimum requirements:
a. 1-inch CMOS
b. Pixels: 20M
c. FOV 84 8.8 mm/24 mm (35 mm format equivalent) f/2.8-f/11 auto focus at 1 m-
d. For photographing: 16.9 Aspect Ratio: 5472x3078
e. For video shooting: MP4/MOV/H.264
f. FHD: 1920x1080 120p @100Mbps
g. File format: High Definition (HD) JPEG for digital photos and HD MPEG 4 for
digital video.
h. All metadata to be recorded including GPS data and preserved with photographs
provided.
Interval JPEG
3 month intervals At an altitude (AGL) between
70-90 ft.
3 month intervals Images to be taken every 50-
100 ft. to be determined based
on project scope.
4.2.7.2 Drone photos to be taken in sequential geographical order and then organized and provided in
the same manner unless otherwise specified.
4.2.7.3 Photos to be provided digitally via an online file share service and/or by a USB drive to contractor.
4.2.7.4 Drone pilots to obey ALL local (city, county, state) UAV regulations as well as FAA UAV
guidelines including, but not limited to, conducting all flights during daylight hours, not exceeding
maximum altitude ceilings (depending on area), not flying over people, yielding to other aircraft.
4.2.7.5 Drone pilots must fly drone within visual line of sight (VSOL) and have visual spotter when
needed. Drone pilots only to operate in favorable weather conditions when minimum visibility is
3 miles or greater.
4.2.7.6 Drone pilots to conduct a preflight checklist and visually inspect the entire flight path prior to flying
to ensure a safe flight.
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4.2.7.7 Airspace Authorizations. Operations in Class G airspace are allowed without air traffic control
(ATC) permission. Operations in Class B, C, D and E airspace need ATC authorization. Drone
pilots to schedule each flight in advance and based on airspace if required will notify nearby
airports/control towers, etc.
4.2.8 Government Approvals and Permits.
4.2.8.1 Contractor must obtain all necessary permits for the Work and pay all applicable fees,
unless otherwise noted on the Plans and in the Specifications. City permit fees will be paid
internally by City. For bidding purposes, an allowance for all permit fees is included in the
bid schedule under the item “allowance for permit fees.” The Contractor will be paid for
the actual cost of the permit fees upon submitting a receipt showing the fee Contractor
has paid. Excluded from the above allowance are items such as all costs incurred by the
Contractor in securing the permit except for the actual permit fee established by the
agency, cost for all shutdowns or outages, cost for pole bracing, cost of permits for
construction water, cost of construction water, cost for any additional insurance
requirements, cost for any licenses, and other similar type costs. Contractor is specifically
notified of the need to obtain the necessary environmental permits or file the necessary
environmental and regulatory permit notices.
4.2.8.2 Copies of all permits and the associated notices must be provided to City prior to starting
the permitted activity.
4.3 PRE-CONSTRUCTION CONFERENCE
4.3.1 Prior to the commencement of any Work, City will schedule a Pre-Construction Conference.
4.3.2 The purpose of this Conference is to establish a working relationship between Contractor,
the utility firms, and various City agencies. The agenda will include critical elements of the
Work schedule, submittal schedule, cost breakdown of major lump sum items, Payment
Requests and processing, coordination with the involved utility firms, and emergency
telephone numbers for all representatives involved in the course of construction.
4.3.3 Minimum attendance by Contractor at any mandatory meeting with City must be (1)
Contractor’s Representative, who is authorized to execute and sign documents on behalf
of the firm, (2) Contractor’s on-site Superintendent, and (3) Contractor’s Safety Office,
or other employee responsible for safety.
4.4 PERFORMANCE OF THE WORK (INCLUDING FIELD MEASUREMENTS,
SUBCONTRACTORS, AND SUPPLIERS)
4.4.1 Unless otherwise provided in the Agreement Documents to be the responsibility of City or a
separate Contractor, Contractor must provide through itself or Subcontractors the
necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery,
temporary utilities and other temporary facilities to permit Contractor to complete the
Work consistent with the Agreement Documents.
4.4.2 Contractor must perform all construction activities efficiently and with the requisite
expertise, skill and competence to satisfy the requirements of the Agreement Documents.
Contractor must at all times exercise complete and exclusive control over the means,
methods, safety, sequences and techniques of construction.
4.4.3 Contractor’s Superintendent must be present at the Site at all times that material Work
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Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
under this Agreement is taking place. Contractor’s Superintendent or designee must be
present at the Site at all times any other Work under this Agreement is taking place.
Superintendent must not be replaced without written notice to City. Whenever the
Superintendent is not present at a particular part of the Work where the City or Design
Professional may desire to inform the Contractor relative to interpretation of the Drawings
and Specifications or to disapproval or rejection of materials or Work performed, the City
or Design Professional may provide such information in writing to the foreman or other
worker in charge of the particular part of the Work in reference to which the information is
given. Information so given will be as binding as if given to the Superintendent.
4.4.4 All elements of the Work must be under the direct supervision of a foreman or his
designated representative on the Site who must have the authority to take actions required
to properly carry out that particular element of the Work.
4.4.5 Working Hours. Except in connection with the safety or protection of persons or the Work
or property at the Site or adjacent thereto, and except as otherwise indicated, all Work at
the Site must be performed during regular working hours, and Contractor will not permit
overtime work or the performance of Work on Saturday, Sunday or any legal holiday without
City’s written consent given after prior written notice to City. If it will become absolutely
necessary to perform Work at night or on Saturdays, Sundays or legal holidays, the City
must be informed at least 24 hours in advance of the beginning of performance of such
Work. Only such Work will be done at night as can be done satisfactorily as determined by
the City. Good lighting and all other necessary facilities for carrying out and inspecting the
Work must be provided and maintained at all points where such Work is being done.
Further, unless such non-normal work hours are performed at City’s request or required by
the Agreement Documents, Contractor must pay to City all additional costs incurred by City
by reason of such non-normal working hours. Expenses incurred by City for overtime
compensation must be reimbursed by Contractor as follows: (i) City staff at the rate set forth
in current City Fee Schedule as published on City website, (ii) Design Professional and staff
at the standard hourly rates previously negotiated with City, and (iii) all others at actual cost
plus ten percent administrative overhead. Such costs may be deducted by City from any
payments due to Contractor. Provided, however, if overtime work or work during other
than normal hours is at the request of City and not due to Contractor delay, City will pay the
cost of City overtime expenses.
4.4.6 Where the Agreement Documents require that a particular product be installed or applied
by an applicator approved by the manufacturer, it is Contractor’s responsibility to ensure
the Subcontractor employed for such work is approved by the manufacturer. All materials
and equipment must be stored, applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturer, fabricator,
supplier or distributor, except as otherwise provided in the Agreement Documents; but no
provisions of any such instructions will be effective to impose on City of Design Professional
responsibility for the means, methods, techniques, sequences or procedures of
construction or for safety precautions incident thereto.
4.4.7 Before starting the Work, Contractor must carefully study and compare the various
Plans, Drawings, other Agreement Documents, and Specifications relative to that portion
of the Work, as well as the information furnished by City, must take field measurements of
any existing conditions related to that portion of the Work and must observe any conditions
at the Site affecting it. The exactness of grades, elevations, dimensions, or locations given
on any Drawings, or the Work installed by other contractors, is not guaranteed by City.
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Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
4.4.8 Before ordering materials or doing Work, Contractor and each Subcontractor must verify
measurements at the Site and will be responsible for the correctness of such
measurements. No extra charge or compensation will be allowed because of differences
between actual dimensions and the dimensions indicated on the Agreement Documents,
including the Drawings.
4.4.9 Ground Level Construction Photography.
4.4.9.1 The Contractor must furnish progress photographs of the project. The photographer
selected by the Contractor must be approved by the City and must be either a commercial
photographer or an individual experienced and equipped for such photography.
4.4.9.2 The Contractor must deliver to City all photographs taken during that period with each
application for payment. If the current photographs do not accompany the application, the
application will not be reviewed and will be returned to the Contractor as incomplete.
4.4.9.3 Photographs must be identified by use of typewritten labels affixed to the back of the
photograph. The label must provide a description of the view, the direction from which the
photograph was taken, the name of the project, City’s project number, the name of
Contractor and the date of the photography. The stationing must also be included for all
pipeline installations.
4.4.9.4 Photographs must be taken during the construction period and must be of aesthetic
composition and depict the progress of the Work from the beginning of construction
through and including the finished product. City may vary the specified frequency so that
significant progress or changes can be recorded on the photographs.
4.4.10 Underground Facilities.
4.4.10.1 The existence and number of facilities as shown on the Plans are estimated from
information furnished by the particular utility. Contractor is responsible for field verification
and location of all utilities prior to the start of construction. No field work will be allowed to
start until Contractor has contacted Arizona 811 and all affected utilities have been located.
In addition, Contractor must expose and physically locate all potentially conflicting utilities
prior to construction. The actual locations of the utilities must be compared to locations
shown on the Plans and any required changes in alignment and grade must be made at the
time of construction in consultation with Project Manager. It is generally recognized and
Contractor should anticipate that information from Arizona 811 or information from utility
companies during project design, frequently fails to disclose all underground facilities. The
fact that more utility lines or other underground facilities are located in the Project Site than
shown on the Project Plans does not constitute an “unforeseen Condition” and such
undisclosed underground facilities do not differ materially from the conditions which
Contractor should expect. The provisions of Sections 105.4, 105.6, 107.11 and 109.8.1 of the
MAG Uniform Standard Specifications for Public Works Construction apply and are
incorporated herein by this reference.
4.4.10.2 Contractor is responsible for all coordination with utility companies. The provisions of
Sections 105.4, 105.6, 107.11 and 109.8.1 of the MAG Uniform Standard Specifications for
Public Works Construction strictly apply and no additional compensation will be paid to
Contractor for delays due to utility work on the project.
4.4.11 Relocation of Existing Water Meters. When a service line has been extended and a line
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Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
setter installed in a meter box, City forces will re-install meter. No compression fittings will
be utilized.
4.4.12 Water Turn-On or Turn-Off.
4.4.12.1 Contractor must coordinate all water line turn-ons and turn-offs through the City.
Application must be made to the Municipal Utility Division and Contractor must pay the
established charges. The City will close existing valves, but will not guarantee a bone-dry
Shutdown.
4.4.12.2 Contractor must notify all customers affected by the turn-off not less than 48 hours in
advance. Notification must be in writing, must give the reason for the turn-off and must
give the estimated time and duration that water service will be interrupted. Contractor is
also notified that water turn-off will not be permitted on the Day before and after
Thanksgiving Day and Christmas Day.
4.4.12.3 No direct payment will be made to Contractor for turn-ons or turn-offs. Costs associated
therewith will be included in other items for which direct payment is made.
4.4.13 Tests and Inspections.
4.4.13.1 Contractor must give City timely (at a minimum, twenty-four hours) notice of readiness of
the Work for all required inspections, tests or approvals. Contractor must give timely notice
to City in advance of backfilling or otherwise covering any part of the Work so that city
representative may, if desired, observe such part of the Work before it is concealed.
Whenever Contractor varies the normal period during which Work or any portion of it is
carried on each Day, Contractor must give timely notice to City so that city representative
may, if desired, be present to observe the Work in progress. If Contractor fails to give such
timely notice, any Work done in the absence of city representative will be subject to
rejection. If Contractor gives such notice to City, but then is not ready for such inspections,
tests, approvals or observations at the time so noticed, Contractor must reimburse City for
all costs incurred by the attendance of city representatives.
4.4.13.2 If any law, ordinance, rule, regulation, code, or orders of any public body having jurisdiction
requires any Work (or part thereof) to be inspected, tested or approved, Contractor (unless
another party is specified in the Agreement Documents) must assume full responsibility
therefor, pay all costs in connection therewith and furnish City the required certificates of
inspection, testing, or approval. Contractor must also be responsible for and must pay all
costs in connection with any inspection or testing required by the Specifications in
connection with City's acceptance of a manufacturer, fabricator, supplier or distributor of
materials or equipment proposed to be incorporated in the Work, or of materials or
equipment submitted for approval prior to Contractor's purchase thereof for incorporation
in the Work. The cost of all other inspections, tests and approvals required by the
Agreement Documents will be paid by City (unless otherwise specified).
4.4.13.3 All inspections, tests or approvals other than those required by law, ordinance, rule,
regulation, code or order of any public body having jurisdiction must be performed by
organizations acceptable to City and by the Design Professional if so specified.
4.4.13.4 Neither observations by City, the Design Professional nor inspections, tests or approvals by
others will relieve Contractor from their obligations to perform the Work in accordance with
the Agreement Documents.
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Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
4.4.14 Uncovering Work. If any Work that is to be observed, inspected, tested or approved is
covered without written concurrence of City, it must, if requested by City be uncovered for
observation. Unless Contractor has given City timely notice of Contractor's intention to
cover such Work and City has not acted with reasonable promptness in response to such
notice, Contractor must furnish all necessary labor, material and bear all the expenses of
such uncovering, exposure, observation, inspection and testing and of satisfactory
reconstruction, including compensation for additional professional services, and an
appropriate deductive Change Order will be issued.
4.4.15 In all cases of interconnection of its Work with existing or other Work, Contractor must verify
at the Site all dimensions relating to such existing or other Work. Any errors due to
Contractor’s failure to so verify all such grades, elevations, locations or dimensions must
be promptly rectified by Contractor without any increase in the Agreement Price. Any
design errors or omissions noted by Contractor during this review must be reported
promptly to City.
4.4.16 Contractor must establish and maintain all construction grades, lines, levels, and
benchmarks, and will be responsible for accuracy and protection of same. This Work
must be performed or supervised by a licensed civil engineer or surveyor in the State of
Arizona.
4.4.17 Contractor must photograph all buried piping of greater than four (4) inches in diameter
prior to backfill.
4.4.18 Contractor is responsible for the proper performance of the work of Subcontractors and any
acts and omissions in connection with such performance. Nothing in the Agreement
Documents is intended or deemed to create any legal or contractual relationship
between City and any Subcontractor or Sub-Subcontractor, including but not limited to any
third-party beneficiary rights.
4.4.19 Contractor must coordinate the activities of all Subcontractors. Contractor must
coordinate performance of the Work with City’s Public Works & Utilities Department and
other departments or agencies within City. The Design Professional and other contractors
or parties involved in the Project. If City performs other work on the Project or at the Site with
separate contractors under City’s control, Contractor agrees to cooperate and coordinate
its activities with those of such separate contractors so that the Project can be completed
in an orderly and coordinated manner without unreasonable disruption.
4.4.20 Contractor will not substitute or change any Subcontractor or Supplier without the prior
written approval of City. Any substitute or replacement Subcontractor or Supplier must
be required to meet the same qualifications and selection criteria and process as the
original Subcontractor or Supplier. If a Subcontract/Supplier selection plan has been
approved by City, Contractor will follow that plan unless otherwise approved by City in
writing.
4.4.21 Contractor must not change or replace any members of its Project team, including
Contractor’s Representative, Project Manager, or Superintendent, without an explanation for
the change being given to City, and receiving prior written approval of the change from City,
which approval will not be unreasonably withheld.
4.4.22 Subcontractors whose scope of work has a value greater than 15% of the total Agreement
Price are required to furnish performance and payment bonds to Contractor, unless
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Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
otherwise approved in writing by City.
4.4.23 Contractor must comply with MAG Specification § 108.2 (E) unless otherwise specified in
Agreement Documents.
4.5 CONTROL OF THE PROJECT SITE
4.5.1 Throughout all phases of construction, including suspension of Work, Contractor must keep
the Site reasonably free from debris, trash and construction wastes to permit Contractor to
perform its construction services efficiently, safely and without interfering with the use of
adjacent land areas. Prior to Final Acceptance of the Work, or a portion of the Work,
Contractor must remove all debris, trash, construction wastes, materials, equipment,
machinery and tools arising from the Work or applicable portions thereof to permit City
to occupy the Project or a portion of the Project for its intended use.
4.5.2 Contractor must take whatever steps, procedures or means necessary to prevent dust
nuisance due to construction operations. The dust control measures must be maintained
at all times to the satisfaction of City and in accordance with the requirements of the
Maricopa County Bureau of Air Pollution Control Rules and Regulations.
4.5.3 Contractor must maintain Americans with Disabilities Act (ADA) and American National
Standards Institute (ANSI) accessibility requirements during construction activities,
including without limitation compliance with the 2010 regulations governing
implementation of the ADA to the extent applicable. ADA and ANSI accessibility
requirements must include, but not be limited to, parking, building access, areas of refuge,
and emergency exit paths of travel. Contractor i s responsible for the coordination of all
Work to minimize disruption to residents and the public.
4.5.4 Only materials and equipment used directly in the Work will be brought to and stored on the
Site by Contractor. When equipment is no longer required for Work, it must be removed
promptly from the Site. Protection of construction materials and equipment stored at the
Site from weather, theft, damage and all other adversity is solely the responsibility of the
Contractor.
4.5.5 Contractor agrees all persons working on the Site must act at all times in the best interest
of the Project and will comply with all applicable rules and regulations reasonably set forth
by City related to the Site. Notwithstanding the foregoing or anything in this Agreement to
the contrary, City may remove from the Site any individual who City deems in their
reasonable discretion to be creating a disturbance or causing any problem on the Site.
4.5.6 Contractor will be responsible to City for the acts and omissions of Contractor’s employees,
Subcontractors and their agents and employees, and any other person performing any of
the Work under an Agreement with Contractor, or claiming by, through or under Contractor,
for all damages, losses, costs and expenses resulting from such acts or omissions.
4.5.7 City may conduct criminal, drive history, and all other requested background checks of
Contractor and Subcontractor personnel performing Work or who have access to City’s
information, data, or facilities in accordance with City’s current background check policies,
or the provisions of the Project Specific Conditions. Any officer, employee or agent that
fails to background check must be replaced immediately.
4.5.8 City will have a final authority, based upon security reasons: (i) to determine when
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General Conditions
security clearance of Contractor’s and Subcontractor’s personnel is required; (ii) to determine
the nature of the security clearance, up to and including fingerprinting personnel; and
(iii) to determine whether or not any individual or entity may provide Services or perform
Work under the Agreement.
4.5.9 If City objects to any personnel for any reasonable cause, then Contractor must, upon notice
from City, remove such individual from the Project.
4.6 PROJECT SAFETY
4.6.1 The Project and all Work performed in relation thereto is governed by applicable provisions
of the federal laws, including but not limited to, the latest amendments of the following:
a. Williams-Steiger Occupational Safety & Health Act of 1970, Public Law, 91-596.
b. Part 1910 and Part 1926 – Occupational Safety and Health Standards,
Chapter XVII of Title 29, Code of Federal Regulations.
c. Part 1518 – Safety and Health Regulations for Construction, Chapter XIII of
Title 29, Code of Federal Regulations.
4.6.2 Contractor is responsible for safety of the job Site for employees of Contractor as well
as for members of the general public and others who may drive or walk through or be at
the Site.
4.6.3 Contractor recognizes the importance of performing the Work in a safe manner so as to
prevent damage, injury or loss to: (i) all individuals at the Site, whether working or visiting;
(ii) the Work, including materials and equipment incorporated into the Work and stored On-
Site or Off-Site; and (iii) all other property at the Site or adjacent thereto, including trees,
shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for
removal, relocation or replacement in the course of construction; and (iv) the owners or
tenants of adjacent property and their patrons, employees and invitees.
4.6.4 Contractor assumes responsibility for implementing and monitoring all safety precautions
and programs related to the performance of the Work.
4.6.5 Contractor must provide a “competent person’ as required by O.S.H.A regulations. The
“competent person” must be identified at the Pre-Construction Conference with City
advised in writing of any changes.
4.6.6 The “competent person” must make routine daily inspections of the Site and must hold
weekly safety meetings with Contractor’s personnel, Subcontractors and others as
applicable.
4.6.7 Contractor and Subcontractors must comply with all legal and regulatory requirements
relating to safety, as well as any City specific safety requirements set forth in the Agreement
Documents, provided that such City-specific requirements do not violate any applicable
legal and regulatory requirements.
4.6.8 Contractor will immediately report in writing any safety-related injury, loss, damage or
accident arising from the Work to Project Manager and, to the extent mandated by Legal
Requirements, to all government or quasi-government authorities having jurisdiction over
safety-related matters involving the Project or the Work.
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Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
4.6.9 Contractor’s responsibility for safety under this Section is not intended in any way to
relieve Subcontractors and Sub-Subcontractors of their own contractual and legal
obligations and responsibility for (i) complying with all Legal Requirements, including those
related to health and safety matters, and (ii) taking all necessary measures to implement
and monitor all safety precautions and programs to guard against injury, losses, damages
or accidents resulting from their performance of the Work.
4.6.10 As between City and Contractor, Contractor is responsible to City for any and all the safety
issues relating to the Work on the Project. Contractor must administer and manage the
safety program. This will include, but not necessarily be limited to review of the safety
programs of each Subcontractor. Contractor must monitor the establishment and
execution of compliance with all applicable regulatory and advisory agency construction
safety standards. Contractor’s responsibility for review, monitoring, and coordination of the
Subcontractor’s safety programs will not extend to direct control over execution of the
Subcontractors’ safety programs. Notwithstanding Contractor’s safety obligations to City,
it is agreed and understood that each individual Subcontractor will remain controlling
employer responsible for the safety programs and precautions applicable to its own work
and the activities of other’s work in areas designated to be controlled by such Subcontractor
for purposes of workers compensation insurance coverage.
4.6.11 Nothing in this agreement will relieve Contractor of his responsibility to maintain traffic,
structures, etc., as noted on the Plans, Specifications, and Project Specific Conditions.
Contractor is responsible to provide all necessary shoring, bracing and trench support as
is necessary to maintain traffic structures, etc., as stipulated in the Plans, Specifications, and
Special Provisions. If the stability of adjoining building, walls, roadways, etc., is endangered
by Contractor’s excavation, shoring, bracing, or under pinning must be provided as
necessary to ensure project safety. Cost for shoring, bracing, underpinnings, and trench
support will be included in the appropriate items listed in the Agreement Price, and no
additional payment will be made for this work.
4.7 MATERIALS QUALITY, SUBSTITUTIONS, AND SHOP DRAWINGS
4.7.1 Quality Control and Quality Assurance Testing.
4.7.1.1 All construction materials to be used or incorporated in the Project are subject to
inspection, Quality Control & Quality Assurance Testing, and approval or rejection by City.
Any material rejected by City must be removed immediately and replaced in an acceptable
manner to City at no additional cost to City. When QC/QA tests indicate noncompliance
with the Agreement Documents, retesting must be performed by the same testing
laboratory that performed the tests that indicated noncompliance.
4.7.1.2 The Contractor must establish, provide, and maintain an effective Quality Control Testing
Program (QCTP). The Contractor must develop his own program or procure the services of
a consultant. In either case, the party performing the tests must be currently certified by the
National Bureau of Standards in the National Voluntary Laboratory Accreditation Program
(NVLAP) for construction services or the AASHTO Accreditation Plan (AAP) for Soils,
Asphalt and Concrete. The Contractor must provide all support necessary to perform QC
and QA testing and sampling (i.e. shoring for testing trench backfill, backhoes, motor
graders, loaders, etc. to facilitate testing and sampling). The City will perform the QA testing.
4.7.1.3 The Contractor must submit a written QCTP to the City as a required submittal. The
Contractor must not begin Work until the Quality Control Program has been reviewed and
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General Conditions
accepted by the City. Resumes of all personnel that will be associated directly or indirectly
with the QCTP must be included.
4.7.1.4 The QCTP must include, but not be limited to, on-site/field and laboratory testing of all
material delivered to the Site and any existing materials or conditions pertinent to the
project.
4.7.1.5 All testing must be under the direction of a Professional Engineer registered in the State of
Arizona, knowledgeable in Materials Testing. All “Test Report” forms must be stamped by
said Engineer.
4.7.1.6 The written QCTP will set forth the responsibilities of the engineer, project manager,
supervisory personnel and each technician assigned to this project. Substitutions or
replacement of personnel must require prior written approval by the City. All personnel must
be proficient within their assigned duties and possess certification(s) commensurate with
their position and responsibilities. The minimum certification(s) for each technician must
be NICET Level II, Arizona Technical Testing Institute, American Concrete Institute, or other
nationally recognized program applicable to the project and approved by the City of
Chandler. The written QCTP must include a description of the required field and
construction materials laboratory tests, including required frequencies that meet the
minimums established herein.
4.7.1.7 The Contractor must establish a system to record and report all material test results. The
daily test reports must include, but not be limited to:
a. Test designation;
b. Date of test;
c. Name of tester;
d. Location of test/sample (station and offset);
e. Product suppliers and product codes (as applicable);
f. Depth/elevation of test/sample;
g. Test result;
h. Control requirement(s);
i. Cause of rejection (if applicable);
j. Results of retests (if applicable); and
k. Remedial action (if applicable).
4.7.1.8 The Contractor must submit test results to the designated City representative.
4.7.1.9 The Contractor must also submit a weekly report to the City summarizing the testing
and construction activities completed by emailing the report to the email addresses noted
above. All weekly reports must be submitted simultaneously to the Contractor and the
City of Chandler. The report must include individual summary sheets for each utility line,
structure, and portion of the pavement section. Cores must be numbered sequentially
throughout the Project. Re-cores must reference the original core by number and must
contain the averaged values for thickness and density. Total pavement thickness must be
reported. Vertical location of tests for underground utilities must indicate the depth of the
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excavation at the location of the test (i.e., cut to flow line [if applicable], depth to bottom
or top of pipe, etc.). Density tests must be numbered sequentially. If the minimum number
of tests has not been performed per the written QCTP, this must be stated in the weekly
summary report with an explanation of the circumstances.
4.7.1.10 The City will maintain a copy of the Project test results and weekly reports in the Project
file. In cases where quality control activities do not comply with the Agreement provisions,
the City may:
a. Order the Contractor to replace ineffective or unqualified quality control
personnel.
b. Order the Contractor to stop operations until appropriate corrective action is
taken.
4.7.1.11 Although minimum testing requirements are specified herein, the Contractor bears full
responsibility for the quality of the materials and their installation and may elect to
perform additional testing beyond the requirements set forth herein to ensure compliance.
4.7.1.12 The Quality Control requirements contained in this Section are in addition to and separate
from Quality Assurance Testing, which will be performed by the City of Chandler or its
representative. If the Quality Assurance test results are not in agreement with the Quality
Control test results, the Contractor will have the option to retain a third party consultant for
referee tests. The third party consultant must meet the same requirements as the
consultant performing the Quality Control Testing. The results of the third party will be
binding. All cost incurred by the referee testing will be the Contractor’s expense. If the
Contractor elects not to retain a third party for referee testing, the City of Chandler test
results will prevail.
4.7.1.13 Except as otherwise noted within this Section, Work or materials required by this Section are
non- pay items. Per MAG Section 101, a non-pay item is an item of Work for which no
separate payment will be made, the cost of which is to be included as an incidental cost
for associated item(s) included on the Bid Schedule or Schedule of Values.
4.7.2 Trade Names and Substitutions.
4.7.2.1 Substitutions prior to bid will only be considered if in compliance with Arizona Revised
Statute § 34-104.
4.7.2.2 Contractor, if requested by City, must submit Samples or any additional information that
may be necessary to evaluate the acceptability of the substitution.
4.7.2.3 City will make the final decision and will notify Contractor in writing as to whether the
substitution has been accepted or rejected.
4.7.2.4 If City does not respond within 15 working days, Contractor must continue to perform the
Work in accordance with the Agreement Documents and the substitution will be considered
rejected.
4.7.3 Shop Drawings.
4.7.3.1 Contractor must prepare and submit Shop Drawings which show details of all Work to insure
proper installation of the Work using those materials and equipment specified under the
approved Plans and Specifications.
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4.7.3.2 Contractor must submit a schedule of Shop Drawing submissions, which avoids bulk
submissions to the extent reasonably possible, with the Project Schedule for City approval.
The schedule of Shop Drawing submissions must include all of the items for which Shop
Drawings are required by the Agreement Documents, including the Specifications. Unless
otherwise noted, Shop Drawings will not be required for items specified or detailed in
the Uniform Standard Specifications and Details or the Technical Specifications.
4.7.3.3 Shop Drawings must be numbered consecutively for each Specification section and must
accurately and distinctly present the following:
a. All working and erection dimensions.
b. Arrangements and sectional views.
c. Necessary details, including complete information for making connections
between work under this Agreement and work under other Agreements.
d. Kinds of materials and finishes.
e. Parts list and description thereof.
4.7.3.4 Each Drawing or page must include:
a. Project Name, City of Chandler Project Number and descriptions.
b. Submittal date and space for revision dates.
c. Identification of equipment, product or material.
d. Name of Contractor and Subcontractor.
e. Name of Supplier and Manufacturer.
f. Relation to adjacent structure of material.
g. Physical dimensions clearly identified.
h. ASTM and Federal Specifications references.
i. Identification of and justification for deviations from the Agreement
Documents.
j. Contractor’s stamp, initialed or signed, dated and certifying the review
of submittal, certification of field measurements and compliance with
Agreement.
k. Location at which the equipment or materials are to be installed.
4.7.3.5 Location will mean both physical location and location relative to other connected or
attached material. City will return unchecked any submittal, which does not contain
complete data on the Work and full information on related matters.
4.7.3.6 Stock or standard drawings will not be accepted for review unless full identification and
supplementary information is shown thereon in ink or typewritten form.
4.7.3.7 Contractor must schedule, prepare and submit all Shop Drawings in accordance with a time-
table that will allow its suppliers and manufacturers sufficient time to fabricate,
manufacture, inspect, test and deliver their respective products to the project Site in a
timely manner so as to not delay the complete performance of the Work.
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4.7.3.8 If the Shop Drawings show departures from the Agreement requirements, Contractor
must make specific mention thereof in the Letter of Transmittal; otherwise review of such
submittals by City will not constitute review of the departure. Review of the Drawings will
constitute review of the specific subject matter for which the Drawings were submitted
and not of any other structure, material, equipment, or apparatus shown on the Drawings.
4.7.3.9 The review of Shop Drawings will be general and will not relieve Contractor of responsibility
for the accuracy of such Drawings, nor for the proper fitting and construction of the Work,
nor for the furnishing of materials or Work required by the Agreement. No construction
called for by Shop Drawings will be initiated until such Drawings have been reviewed and
approved by City.
4.7.3.10 The procedure in seeking review of the Shop Drawings will be as follows:
a. Contractor must submit complete sets of Shop Drawings and other
descriptive data as specified in this Section.
b. After Contractor’s submittal or resubmittal of Shop Drawings, if Contractor
has submitted Shop Drawings in accordance with the City-approved
submittal schedule, or upon resubmission, City will be provided with three
(3) calendar weeks for review. Should City require additional review time
above and beyond the three (3) calendar weeks, Contractor may ask for a
time extension or monetary compensation, if they can present valid, factual
evidence that actual damages were incurred by Contractor. City will
determine the amount of the time extension or the monetary
compensation to be awarded Contractor, if any, in accordance with City’s
Policy Statement for Calculating Delays and Damages, Appendix 1.
4.7.3.11 Contractor will be responsible for all extra costs incurred by City caused by Contractor’s
failure to comply with the procedure outline above.
4.7.4 Long Lead Time Items. Contractor must submit Shop Drawings, as required by the Engineer,
on all long lead items to be furnished and installed as part of the project within 10 Days
after the date of the executed Agreement letter issued by City. In addition,
Contractor must order all long lead items to be furnished and installed as part of this
Project within 3 Days after receiving approved Shop Drawings. For all long lead times for
which Shop Drawings are not required, Contractor must order said long lead items within
15 Days after the date of the executed Agreement letter issued by City. Within 2 Days
after ordering long lead items, Contractor must supply copies of all purchase orders,
along with an accurate delivery schedule from the supplier.
4.7.5 Construction Water. If Contractor uses water from City’s water system for construction
water, Contractor must obtain a fire hydrant meter from City of Chandler Utility Services
(480-782-2280) and all construction water must be obtained through the hydrant meter.
Contractor must pay all fees related to the hydrant meter and all water bills for construction
water. All cost for meters and construction water will be included in the Agreement Price.
4.8 PROJECT RECORD DOCUMENTS
4.8.1 During the construction period, Contractor must maintain at the jobsite a full-size set of
prints of the Construction Document Drawings and Shop Drawings for Project Record
Document purposes.
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4.8.2 Contractor must mark these Drawings to indicate the actual installation where the installation
varies from the original Construction Documents. Contractor must give particular attention
to information on elements that will be concealed, which would be difficult to identify or
measure and record later. Items required to be marked include but are not limited to:
a. Dimensional changes to the Drawings.
b. Revisions to details shown on Drawings.
c. Locations and depths of underground utilities.
d. Revisions to routing of piping and conduits.
e. Actual equipment locations.
f. Changes made by Change Order or Addendum.
g. Details not on original Agreement Drawings.
4.8.3 Contractor must mark completely and accurately Project Record Drawing sets of
Construction Documents.
4.8.4 Contractor must mark Project Record Drawings sets with red erasable colored pencil.
4.8.5 Contractor must note Request for Information (RFI) Numbers and Change Order numbers,
etc., as required to identify the source of the change to the Construction Documents.
4.8.6 Contractor must submit Project Record Drawing sets and Shop Drawings to City or its
representative for review and comment.
4.8.7 Upon receipt of the reviewed Project Record Drawings from City, Contractor must correct
any deficiencies and omissions to the Drawings and submit the final original of the Project
Record Drawings to City prior to Final Payment.
4.8.8 Project Manager will review the Project Record Drawings monthly prior to the date
established for the Payment Request and will be the sole judge of acceptance of these
Drawings.
4.9 WARRANTY AND CORRECTION OF DEFECTIVE WORK
4.9.1 Contractor warrants to City that the construction, including all materials and equipment
furnished as part of the Work, will be new unless otherwise specified in the Agreement
Documents, of good quality, and free of defects in materials and workmanship. Contractor’s
warranty obligation excludes defects caused by abuse, alterations, or unreasonable failure
to maintain the construction by persons other than Contractor, subcontractors, or others
under Contractor’s control. Nothing in this warranty will limit any manufacturer’s warranty
which provides City with greater warranty rights than set forth herein or in the Agreement.
Contractor will provide City with all manufacturers’ warranties and operation and
maintenance manuals upon substantial completion of the Work. Contractor’s warranty
must be for one (1) year, in accordance with MAG Specification § 108.8, and will commence
for all portions of the Work upon Final Acceptance of the entire Work as determined by City
under the Agreement. All statutory or other warranties, express or implied, related to latent
defects will remain in force and are not limited by this provision.
4.9.2 City May Stop the Work. If the Work is defective, or Contractor fails to supply sufficient
skilled workmen or suitable materials or equipment, City may order Contractor to stop the
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Work without cost to City, or any portion thereof, until the cause for such order has been
eliminated; however, this right of City to stop the Work will not give rise to any duty on the
part of City to exercise this right for the benefit of Contractor or any other party.
4.9.3 Correction or Removal of Defective Work.
4.9.3.1 If required by City, Contractor must promptly, without cost to City and as specified by City,
either correct any defective Work, whether or not fabricated, installed or completed, or, if
the Work has been rejected by City, remove it from the Site and replace it with non-defective
Work. Contractor must correct any Work which may be displaced in correcting, removing or
replacing defective Work. No compensation will be allowed Contractor for such removal,
replacement or remedial Work. Contractor must reimburse City for costs incurred by City
due to such correction or removal including but not limited to additional expenses for
inspection, testing or observation and for repeated reviews by the City or Design
Professional.
4.9.3.2 Upon failure on the part of the Contractor to comply within a reasonably prompt time with
any written order of City to correct or remove defective Work, City has authority to cause
nonconforming materials or rejected Work to be remedied, removed, or replaced at the
Contractor's expense and to deduct the costs from any moneys due or to become due the
Contractor.
4.9.4 City May Correct Defective Work. If Contractor fails within a reasonable time after written
notice of City to proceed to correct defective Work or to remove and replace rejected Work
as required by City or if Contractor fails to perform the Work in accordance with the
Agreement Documents (including any requirements of the progress schedule), City may,
after 7 Days' written notice to Contractor, correct and remedy any such deficiency. To the
extent necessary to complete corrective and remedial action, City may exclude Contractor
from all or part of the Work, and suspend Contractor's services related thereto, take
possession of Contractor's tools, appliances, construction equipment and machinery at the
Site and incorporate in the Work all materials and equipment stored at the Site or for which
City has paid Contractor, but which are stored elsewhere. Contractor must allow City, city
representatives, agents and employees such access to the Site as may be necessary to
enable City to exercise City’s rights under this Section. All direct and indirect costs of City in
exercising such rights will be charged against Contractor in an amount verified by City
representative, and a Change Order will be issued incorporating the necessary revisions in
the Agreement Documents and a reduction in the Agreement Price. Such direct and indirect
costs will include, in particular but without limitation, compensation for additional
professional services required and all costs of repair and replacement of Work or others
destroyed or damaged by correction, removal or replacement of Contractor's defective
Work. Contractor will not be allowed an extension of the Agreement Time because of any
delay in Contractor’s performance of the Work attributable to the exercise by City or City's
rights hereunder.
4.9.5 Correction or Removal of Unauthorized Work.
4.9.5.1 Any Work done beyond the lines and grades shown on the Drawings or established by the
Design Professional or any changes in, additions to, or deductions from the Work done
without written authority will be considered as unauthorized and will not be paid for. Work
so done may be ordered remedied, removed, or replaced at the Contractor's expense.
4.9.5.2 Upon failure on the part of the Contractor to comply promptly with any order of the City,
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City will have authority to cause unauthorized Work to be remedied, removed, or replaced
at the Contractor's expense and to deduct the costs from any moneys due or to become
due the Contractor.
4.9.6 Correction Period - One Year Guarantee.
4.9.6.1 If, within one year after the date of Final Acceptance, or such longer period of time as may
be prescribed by law or by the terms of any applicable special guarantee required by the
Agreement Documents, or by any specific provision of the Agreement Documents, any Work
is found to be defective, Contractor must promptly, without cost to City and in accordance
with City's written instructions, either correct such defective Work, or, if it has been rejected
by City, remove it from the Site and replace it with non-defective Work. If Contractor does
not promptly comply with the terms of such instructions, or in an emergency where delay
would cause serious risk of loss or damage, City may have the defective Work corrected or
the rejected Work removed and replaced, and all direct and indirect costs of such removal
and replacement, including compensation for additional professional services, must be paid
by Contractor. Such action by the City will not relieve the Contractor of the guarantees
required by this Section or elsewhere in the Agreement Documents.
4.9.6.2 If, in the opinion of the City, defective Work creates a dangerous condition or requires
immediate correction or attention to prevent further loss to the City or to prevent
interruption of operation of the City, the City will attempt to give the notice required by this
Section. If the Contractor cannot be contacted or does not comply with the City's request
for correction within a reasonable time as determined by the City, the City may,
notwithstanding the provisions of this Section, proceed to make such correction or provide
such attention; and the costs of such correction or attention will be charged against the
Contractor. Such action by the City will not relieve the Contractor of the guarantees
required by this Section or elsewhere in the Agreement Documents.
4.9.6.3 This Section does not in any way limit the guarantee on any items for which a longer
guarantee is specified or on any items for which a manufacturer or supplier gives a
guarantee for a longer period. The Contractor agrees to act as co-guarantor with such
manufacturer or supplier and must furnish the City all appropriate guarantee or warranty
certificates upon completion of the Project. No guarantee period, whether provided for in
this Section or elsewhere, will in any way limit the liability of Contractor or their sureties or
insurers under the indemnity or insurance provisions of these General Conditions and the
Project Specific Special Conditions.
4.9.7 Acceptance of Defective Work.
4.9.7.1 If, instead of requiring correction or removal and replacement of defective Work, City may
accept Work when in the best interest of the City to do so with appropriate monetary credit
from Contractor. If any such acceptance occurs prior to final payment, a Change Order will
be issued incorporating the necessary revisions in the Agreement Documents, including
appropriate reduction in the Agreement Price; or, if the acceptance occurs after final
payment, an appropriate amount must be paid by Contractor to City.
4.9.7.2 Alternatively, City may require Contractor to furnish at Contractor's expense, a special
performance guarantee or other surety prior to acceptance of defective work.
4.9.8 The Warranty period begins on the Final Acceptance date noted in the Certificate of
Completion, irrespective of early completion by some Subcontractors of their work.
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4.9.9 Contractor’s warranty obligation must be in accordance with MAG Specifications.
4.9.10 Nothing in the warranties contained in the Agreement Documents are intended to limit any
manufacturer’s warranty which provides City with greater warranty rights than set forth
in this Section or the Agreement Documents. Contractor must provide City with all
manufacturers’ warranties prior to Substantial Completion, if applicable, or Final
Acceptance.
4.9.11 Contractor agrees that it will be responsible to manage and administer the correction of any
Work that is not in conformance with the Agreement Documents during the warranty
periods set forth in this Section, or during any longer periods to the extent required by the
Agreement Documents. A progress payment, or partial or entire use or occupancy of the
Project by City, will not constitute acceptance of Work not in accordance with the Agreement
Documents.
4.9.12 When notified of a warranty issue, Contractor must respond in writing within 48-hours and
must perform warranty Work as soon as material for said repairs are available (as judged
solely by City), and in any event Contractor must, take immediate steps to commence and
complete correction of nonconforming Work no later than the time period set forth in
City’s written notification in accordance with the Agreement Documents. This includes the
correction, removal or replacement of the nonconforming Work and any damage caused
to other parts of the Work affected by the nonconforming Work. If defects develop which
are determined by City to be an emergency, City will notify Contractor, via the most
expeditious means regarding the nature and condition of the defects. In turn, Contractor
must immediately dispatch necessary forces to correct the defect or the emergency
condition in accordance with Agreement Documents.
4.9.13 The time periods referenced in this Section apply only to Contractor’s obligation to
correct nonconforming Work and is not intended to constitute a period of limitations for any
other rights or remedies that City may have regarding Contractor’s other obligations under
the Agreement Documents.
4.9.14 Without limiting the foregoing or anything in these General Conditions or the Agreement
to the contrary, Contractor must obtain and provide to City all warranties for any portion
of the Project offered by the manufacturer, installer or provider thereof. City and the user
of the facility will have the right to the full value and benefit of all such warranties.
Contractor must ensure all such warranties are fully transferrable to facilitate the full value
of this Section.
4.9.15 Contractor’s warranty excludes damages or defects caused by abuse, alterations to the Work
not executed by or through Contractor, improper or insufficient maintenance, improper
operation, or normal wear and tear and normal usage.
4.9.16 In the event of any noncompliance with this entire Section 4, City may require Contractor to
stop or suspend the Work in whole or in part.
SECTION 5 - CITY RESPONSIBILITIES
5.1 CITY PROJECT MANAGER AND INSPECTORS
5.1.1 Project Manager is responsible for providing City-supplied information and approvals in a
timely manner to assist Contractor to fulfill its obligations under the Agreement Documents.
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5.1.2 Project Manager will also provide Contractor with prompt notice when it observes any
failure on the part of Contractor to fulfill its contractual obligations, including any default
or defect in the Project or non-conformance with the Drawings and Specifications.
5.1.3 City may utilize Field Inspectors to assist Project Manager during construction in
observing performance of Contractor. City’s use of Inspectors is for the purpose of assisting
Project Manager.
5.1.4 The Inspectors are authorized to inspect all Work and materials furnished. Such inspections
may extend to all or part of the Work and to preparation, fabrication or manufacture of the
materials to be used. The Inspectors have the authority to issue instructions contrary to
the Construction Documents if approved and coordinated with the directions of Project
Manager.
5.1.5 The Inspectors have the authority to reject work or materials until any questions at issue can
be decided by Project Manager.
5.1.6 The use of Inspectors by City will not make City responsible for or give City control
over construction means, methods, techniques, sequences or procedures or for safety
precautions or programs or responsibility for Contractor’s failure to perform the Work in
accordance with Agreement Documents. The Inspectors are not authorized to direct any of
Contractor’s activities, employees or Subcontractors.
5.2 DESIGN PROFESSIONAL SERVICES
City may contract separately with one or more Design Professionals to provide
construction administration of the Project. The Design Professional’s Agreement, as well as
other firms hired by City may be furnished to Contractor. Contractor does not have the right
to limit or restrict or reject any Agreement modifications that are mutually acceptable to City
and Design Professional.
5.3 CIT Y ’S SEP AR AT E CONT R ACT ORS
City is responsible for all work performed on the Project or at the Site by separate
contractors retained by City. City will contractually require its separate contractors to
reasonably cooperate with, and reasonably coordinate their activities so as not to interfere
with Contractor in order to enable Contractor to timely complete the Work consistent with
the Agreement Documents. Contractor must immediately notify the Project manager,
and address the matter in the next monthly status report, if any activities of such separate
contractors are expected to interfere, or are interfering, with Contractor and such
interference will or could result in any delay in Contractor’s performance of the Work.
5.4 PERMIT REVIEW AND INSPECTIONS
5.4.1 If requested by Contractor, Project Manager will provide assistance and guidance in
obtaining necessary reviews, permits and inspections.
5.4.2 The regulating agencies of City, such as Development and Sustainability, Fire and
Planning Departments, enforce legal requirements. The enforcement activities of City are
independent and separate from this Agreement.
5.5 PLANS AND SPECIFICATIONS TO THE CONTRACTOR.
Contractor will be provided up to five copies of the Agreement Documents as are
reasonably necessary for the execution of the Work. Additional copies will be furnished,
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upon request, at the cost of reproduction.
SECTION 6 - AGREEMENT TIME
6.1 AGREEMENT TIME
6.1.1 The Agreement Time will start with the Notice to Proceed (“NTP”) and end with Final
Acceptance.
6.1.2 Beginning on the date of the NTP, Contractor must begin to fulfill Contractor’s obligations
under the Agreement. Contractor’s obligations include providing City and other
agencies with any submittals required by the Project Specific Special Provisions, including
but not limited to, an approved Project Schedule, Traffic Control Plans, and a Stormwater
Pollution Prevention Plan. Contractor must submit all such required submittals before
any physical construction work commences on the Site. NTP does not authorize
construction work until all a greement insurance, bonds, and schedules are submitted to
and accepted by the City.
6.1.3 The Agreement Time will be as set forth in the Project Schedule. Contractor agrees that
it will commence performance of the Work and complete the Project through both
Substantial Completion and Final Acceptance within the Agreement Time.
6.1.4 Time is of the essence of this Agreement, for the Project, for the Work, and for each phase
and designated Milestone thereof.
6.1.5 Failure of Contractor to perform any covenant or condition contained in the Agreement
Documents within the time periods specified herein, will constitute a material breach of this
Agreement entitling City to terminate the Agreement unless Contractor applies for and
receives an extension of time, in accordance with the procedures set forth in the Agreement
Documents.
6.1.6 Failure of City to insist upon the performance of any covenant or condition within the time
periods specified herein, will not constitute a waiver of Contractor’s duty to perform every
other covenant or condition within the designated periods, unless a specific waiver is
granted in writing for each such covenant or condition.
6.1.7 City’s agreement to waive a specific time provision or to extend the time for performance
will not constitute a waiver of any other time provisions contained in the Agreement
Documents. Failure of Contractor to complete performance promptly within the additional
time authorized in the waiver or extension of time agreement constitutes a material breach
of this Agreement entitling City to all the remedies set forth herein or provided by law.
6.2 PROJECT SCHEDULE
6.2.1 The Project Schedule must be in Microsoft Project standard file format, must be updated and
maintained throughout the Agreement Time, and must contain the following:
6.2.1.1 Detailed representation of all activities for the project, both on-site construction and major
procurement. All significant activities together with the resource loading requirements for
each and all items appearing on the schedule of values or bid schedule for progress
payments must be shown on the Project Schedule or in attached transmittal letter as
described in Section 6.2.8.
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6.2.1.2 Dependencies between activities must be indicated so that it may establish as to the effect
the progress of any one activity would have on other activities and on the Schedule.
6.2.1.3 Activities for submission, review, and approval of all required submittals.
6.2.1.4 An amount of time will be established prior to the final completion date for “punch list and
cleanup”. No other activities will be scheduled during this period. Punch list and cleanup
must be shown on the Project Schedule and must be entirely completed prior to the
expiration of the Agreement Time.
6.2.2 Within 10 Days of receipt of City’s comments, Contractor must make all required
corrections, adjustments, and additions to complete the Project Schedule and resubmit to
City for review. City’s review of and response to the Project Schedule is for the purpose of:
(1) City planning and staffing for the Project as may be required from time to time; (2)
ensuring Contractor’s general conformance with the scheduling requirements of the
Agreement Documents and completion of the Project within the Agreement Time; and (3)
monitoring and evaluating the construction status for purposes of approving monthly
progress payments. Acceptance of a submitted schedule by City should in no way be
construed as an affirmation or admission that the schedule is reasonable or workable by
Contractor. The responsibility for completing the Work on the Project within the
Agreement Time remains the obligation of Contractor. City’s review does not relieve
Contractor from compliance with the requirements of the Agreement Documents or
be construed as relieving Contractor of its complete and exclusive control over the
means, methods, sequences and techniques for executing the work.
6.2.3 The Project Schedule must show milestones, including milestones for City-furnished
information, and must include activities for City-furnished material and construction by
other contractors when those activities are interrelated with Contractor activities.
6.2.4 The Project Schedule must be revised as required by conditions and progress of the Work,
but such revisions do not relieve Contractor of its obligations to complete the Work
within the Agreement Time, as adjusted in accordance with the Agreement Documents.
No modification to the Agreement Documents or the Agreement Time will be effective
unless approved in advance by City.
6.2.5 For all items of materials and equipment that are critical or may require long lead times to
acquire, the Project Schedule must show dates for submission, review and approval of
submittals, ordering, and delivery.
6.2.6 An updated Project Schedule must be submitted monthly to City as part of the Payment
Request. The monthly submittal must include one full size plot of the entire schedule and
one electronic copy containing the schedule in Microsoft Project standard file format. In
addition, Contractor must, upon request by City, provide a copy of all submitted schedule
data in electronic format which must be clearly labeled with the Project description,
scheduling program name and version number, and schedule print/data date.
6.2.7 Contractor must provide City with a monthly status report with each Project Schedule
detailing the progress of the Work, including: (i) if the Work is proceeding according to
schedule, (ii) any discrepancies, conflicts, or ambiguities found to exist in the Agreement
Documents that require resolution, and (iii) other information detailing items that require
resolution so as not to jeopardize the ability to complete the Work in the Agreement Time.
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6.2.8 With each Project Schedule submittal, Contractor must include a transmittal letter
including the following:
a. Description of problem tasks, referenced to field instructions or requests
for information (RFI’s), as appropriate.
b. Current and anticipated delays including:
(i) Cause of the delay.
(ii) Corrective action and schedule adjustments to correct the delay.
(iii) Known or potential impacts and their delay on other activities,
milestones, and their impact on the Substantial Completion and
Final Acceptance dates.
(iv) Changes in construction sequence.
c. Pending items and status thereof including but not limited to:
(i) Time Extension requests;
(ii) Substantial Completion date status;
(iii) Final Acceptance date status.
d. If ahead of schedule, the number of calendar Days ahead.
e. If behind schedule, the number of calendar Days behind.
f. Other Project or scheduling concerns.
6.2.9 Critical Path Method (CPM).
6.2.9.1 Unless otherwise specified in the Agreement, the Project Schedule must include a Critical
Path Method (CPM) diagram schedule showing the sequence of activities, the
interdependence of each activity and identifies the Critical Path.
6.2.9.2 The CPM diagram schedule must be in calendar Days and indicate duration, earliest and
latest start and finish dates for all activities, and total Float Times for all activities except
critical activities. The CPM diagram must be presented in a time scaled graphical format for
the Project as a whole.
6.2.9.3 The CPM diagram schedule must indicate all relationships between activities.
6.2.9.4 The activities making the Project Schedule must contain sufficient detail to assure that
adequate planning has been done for proper execution of the Work and such that it provides
an appropriate basis for monitoring and evaluation the progress of the Work. Individual
activities must not exceed 30 Days in length, in most cases.
6.2.9.5 The CPM diagram schedule must be based upon activities, which coincide with the Schedule
of Values.
6.2.9.6 The CPM diagram schedule must show all submittals associated with each work activity and
the review time for each submittal.
6.2.10 Float Time.
6.2.10.1 The total Float Time within the overall schedule is for the exclusive use of City, but City
may approve Contractor’s use of Float as needed to meet Agreement Milestones and
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the Project completion date.
6.2.10.2 Contractor will not be allowed to sequence, hide, or reallocate Float Time through
such strategies, as extending activity duration estimates to consume available Float, using
preferential logic, or using extensive crew/resource sequencing, tec. No time extensions
will be granted nor delay damages paid until a delay occurs which extends the Work beyond
the Agreement Time.
6.2.11 City-Caused Delays. City-caused delays on the Project, if any, may be offset by City-caused
time savings (i.e., Critical Path submittals returned in less time than allowed by the
Agreement, approval of substitution requests and credit changes which result in savings of
time to Contractor, etc.) In such an event, Contractor will not be entitled to receive a time
extension or delay damages until all City-caused time savings are exceeded and the
Agreement Time is also exceeded.
6.2.12 Rain-Related Delays. Contractor is required, in preparing the Project Schedule to take into
account all relevant weather conditions, including normal rainfall and distribution. No
additional compensation will be given for any rain-related delays or impacts on the Work
or the Project Schedule. No time extension will be granted in the Project Schedule unless
the rainfall during the construction of Work is unusually severe, was not reasonably
anticipated, and the total rainfall was significantly in excess of the normal rainfall for the
Project Site location. Normal rainfall for the Project will be determined from the 10-year
average rainfall for the Site as measured by the National Oceanic and Atmospheric
Administration or comparable source of reliable information for rainfall in Chandler,
Arizona. In addition, the excessive rainfall must have actually impacted Work activities on
the Critical Path and caused delay beyond any remaining Float at the time of the rain- caused
delay. The burden of documenting normal rainfall, the excessive rainfall and the impact on
Critical Path activities is on Contractor. All other provisions in the Agreement Documents
relating to claims, including without limitation notice requirements, apply to any claim by
Contractor for a rain delay.
6.2.13 City’s “Policy Statement for Calculating Delays and Damages,” Appendix 1 to these
General Conditions, will apply to all claims of delay and delay damages.
6.2.14 Force Majeure. If Contractor is delayed or prevented from the performance of any Work
required under this Agreement by reason of acts of God or other causes beyond the control
and without fault of Contractor (financial inability excepted), performance of that Work will
be excused, but only for the period of the delay. The time for performance of the Work will
be extended for a period equivalent to the period of delay. In addition, the parties agree if
Contractor’s delayed or suspended performance directly arises out of or directly results
from the COVID-19 pandemic, Contractor’s delayed or suspended performance may be
excused as set forth in this clause. Provided, however; Contractor must give the City written
notice within 30 days of the occurrence of the event giving rise to COVID-19 pandemic
related delayed or suspended performance. For COVID-19 pandemic related delay or
suspended performance, the parties must agree in writing to the length of the excused
delay or suspended performance. Further, Contractor must obtain the City’s written
approval to use any allowance established as part of the project for delays and costs related
to the COVID-19 pandemic.
6.3 SUBSTANTIAL COMPLETION
6.3.1 When Contractor considers that the Work, phase or a portion thereof, which City agrees in
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writing to accept separately, is substantially complete, City will prepare and submit to
Contractor a comprehensive Punch List of items to be completed or corrected prior to Final
Acceptance and Final Payment. Failure to include an item on such Punch List does not alter
the responsibility of Contractor to complete all Work in accordance with the Agreement
Documents.
6.3.2 Upon receipt of Contractor’s Punch List, Project Manager will make an inspection to
determine whether the Work or designated portion thereof is substantially complete.
Project Manager may, at Project Manager’s sole option, be assisted in such inspection by
the Design Professional for the Project. If the inspection by the Project Manager discloses
any item, whether or not included on Contractor’s Punch List, which is not sufficiently
completed in accordance with the Agreement Documents so that City can occupy or utilize
the Work, phase or designated portion thereof for its intended use, Contractor must,
before issuance of the Certificate of Substantial Completion, complete or correct such
item upon notification by Project Manager. In such case, Contractor must then submit a
request for another inspection by Project Manager to determine Substantial Completion.
6.3.3 Certificate of Substantial Completion.
6.3.3.1 The Project Manager will not issue a Certificate of Substantial Completion unless and until
the Work (or separable units or Phases as provided in the Agreement Documents) is
essentially and satisfactorily complete in accordance with the Agreement Documents, such
that the Project is ready for use by City for its intended purpose, opening to the general
public, full occupancy or use by City (including, without limitation, all separate units, or
rooms, facilities, access, income-generating areas, and all areas serving the general public,
as applicable, must be ready for full-operation without material inconvenience or
discomfort), including, to the extent applicable to the Work, the following: all materials,
equipment, systems, controls, features, facilities, accessories and similar elements are
installed in the proper manner and in operating condition, inspected and approved;
surfaces have been painted; masonry and concrete cleaned with any sealer or other finish
applied; utilities and systems connected and functioning; site work complete; permanent
heating, ventilation, air condition, vertical transportation and other systems properly
operating with proper controls; lighting and electrical systems installed, operable and
controlled; paving completed, signage installed, and other Work as applicable, has
been performed to a similar state of essential and satisfactory completion. A minor
amount of Work, as determined by and at the discretion of the Project Manager, such
as installation of minor accessories or items, a minor amount of painting, minor
replacement of defective work, minor adjustment of controls or sound systems, or
completion or correction of minor exterior work that cannot be completed as a result of
weather conditions, will not delay determination of Substantial Completion. If prior
written approval is obtained from City for purposes of Substantial Completion, specified
areas of the entire Work or Project may be individually certified as Substantially
Complete. In no event will Substantial Completion be deemed to have occurred unless
and until: (i) a temporary certificate of occupancy has been issued by the appropriate
Governmental Authorities (as applicable) and (ii) all terms and Work required under this
Agreement have been fulfilled by Contractor and same will have also been approved and
accepted by City, subject only to the Punch List items.
6.3.3.2 If requested by City, Contractor must complete and turn-over to City the Project on a phased
basis. Each phase will have a separate inspection by the Project Manager, a Punch List
generated, and then an inspection by City with final approval and acceptance only after the
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Project Manager’s Punch List.
6.4 PARTIAL UTILIZATION
6.4.1 City at City’s option may use and occupy any substantially completed parts of the Work
which has specifically been identified in the Agreement Documents, or which City, the
Design Professional and Contractor agree constitutes a separately functioning and usable
part of the Work that can be used by City for its intended purpose, without significant
interference with Contractor’s performance of the remainder of the Work, provided,
however, if the portion of the Work to be used or occupied has not been found to be
substantially complete, City must do so in accordance with Section 6.3 prior to such
occupancy.
6.4.2 In lieu of the issuance of a Certificate of Substantial Completion as to part of the Work, City
may take over operation of a facility constituting part of the Work whether or not it is
substantially complete if such facility is functionally and separately usable; provided that
prior to any such takeover, City and Contractor agree in writing as to the division of
responsibilities between City and Contractor for security, operation, safety, maintenance,
correction period, heat, utilities and insurance with respect to such facility.
6.4.3 Substantial Completion of or City's beneficial occupancy of a part of the Project will not alter
the fact that the one-year warranty for the whole Project starts at the date of Final
Completion of the whole Project.
6.5 FINAL ACCEPTANCE
6.5.1 Unless otherwise expressly agreed to in writing by City, Final Acceptance must be obtained
by no later than 30 Days (60 Days for federally funded agreements) after the date of Substantial
Completion. Failure to timely obtain Final Acceptance will be a material breach of the
Agreement.
6.5.2 Upon receipt of written notice that the Work is ready for final inspection and acceptance, City
and Contractor will jointly inspect to verify that the remaining items of Work have been
completed. There will be no partial acceptance. Final Acceptance will not occur until all
items of Work, including Punch List Items, have been completed to City’s satisfaction as
reflected in the written Final Acceptance.
6.5.3 Final Payment will not be due, owing, or paid by City until Final Acceptance is issued.
6.5.4 Landscape Establishment Period. Unless otherwise expressly agreed to in writing by City, the
Landscape Establishment Period will begin on the date of Final Acceptance of the Project and
will run 90 Calendar Days thereafter. Landscape Establishment Period requirements are
detailed in General Conditions Appendices, attached herein.
6.6 CONTINUATION OF WORK
6.6.1 Permitting Contractor to continue and finish the Work or any part of it after the time fixed
for its completion (whether milestone, phase, Substantial Completion or Final Acceptance)
or after the date to which the time fixed for any completion may have been extended, does
not operate as a waiver by City of any rights under the Agreement Documents, law or equity.
6.6.2 Furthermore, the timely completion of the Work being of the utmost importance under
this Agreement, notwithstanding the existence of one or more disputes between the parties
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concerning the scope of the Work, the Project Schedule, Agreement Time, payments or any
other matter, and further notwithstanding a party’s invocation of the Dispute Resolution
provisions specified in Appendix 6 of these General Conditions, unless City suspends
the Agreement or Contractor’s performance pursuant to Section 10 of these General
Conditions, Contractor will continue to prosecute the Work, including any Change Order
work or Extra Work Orders, in a diligent and timely manner and not stop, slow down or
impede by action or inaction the progress of the Work, including commencing performance
of and thereafter completing any additional work called out in any Change Order or Extra
Work Order issued by Project Manager with the approval of City, so long as City makes
payment to Contractor in accordance with Section 8 of these General Conditions.
SECTION 7 - AGREEMENT PRICE
7.1 UNIT PRICE AGREEMENTS
7.1.1 The Agreement Price for all Unit Price Agreements will be the amount set forth in the
Agreement or Change Order multiplied by the verified quantity provided.
7.1.2 Measurements of quantities to determine the total Agreement Price must be in accordance
with MAG Specification §§ 109.1 and 109.2.
7.1.3 The Unit Price may only be changed as set forth in Section 9 below.
7.2 CHANGE ORDERS
7.2.1 Unit Price Change Orders. The Change Order Price for all Unit Price Change Orders will be
the amount set forth in the Change Order multiplied by the verified quantity provided.
7.2.2 Measurements of quantities to determine the total Change Order Price must be in
accordance with MAG Specifications §§ 109.1 and 109.2.
7.2.3 The Unit Price may only be changed as set forth in Section 9 below.
7.2.4 MAG Specification § 109.4.1 is modified as follows: Before § 109.4.1, the following is added:
Any deduction or increase in the Agreement Price must be supported by a signed,
written Change Order fully executed by City, and supported by such backup as the Project
Manager may require.
7.3 SALES TAX
Contractor is required to pay all applicable sales tax in accordance with the law of the state of
Arizona and this cost must be included in all Agreement Prices. When equipment, materials
or supplies generally taxable to Contractor are eligible for a tax exemption due to the nature
of the Project, Contractor must assist City in applying for and obtaining such tax credits and
exemptions which will be paid or credited to City.
SECTION 8 - PAYMENT
8.1 PAYMENT FOR CONSTRUCTION SERVICES
8.1.1 Payment for the Work will be made in accordance with MAG Standard Specification § 109
as amended below.
8.1.2 Contractor must submit to City for review a completed Contractor Payment Request signed
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by Contractor, covering the Work completed as of the date of the Request and accompanied
by such supporting documentation as is required by the Agreement Documents and also
as City may reasonably require. A Contractor Payment Request will not be considered
complete unless it is accompanied by an updated Project Schedule and a certification that
the on-site, red lined, as built Drawings are up to date. If payment is requested on the basis
of materials and equipment not incorporated in the Work but delivered and suitably,
securely stored at the Site or at another location (such as a bonded warehouse) agreed to
in writing, the Contractor Payment Request must also be accompanied by such data,
satisfactory to City, as will establish City's title to the material and equipment and protect
City's interest therein, including applicable insurance. Each subsequent Contractor Payment
Request must include an affidavit of Contractor stating that all previous progress payments
received on account of the Work have been applied to discharge in full all of Contractor's
obligations reflected in prior Contractor Payment Requests.
8.1.3 Except for Work performed under a JOC Agreement, the Contracting Agency will retain 10
percent of all estimates as a guarantee for complete performance of the Agreement in
accordance with Arizona Revised Statutes Section 34-221 or 34-607. The Contractor may
elect to deposit securities in lieu of retention in accordance with Arizona Revised Statutes
Section 34-221, Paragraph C.5. or 34-607, Paragraph B.5.
8.1.4 The payment process functions as follows: Prior to the payment cycle date, Contractor must
send a draft Contractor Payment Request to Project Manager. The Project Team will review
the Request and agree upon any necessary adjustments. Contractor must certify the final
Request by signing and returning to Project Manager.
8.1.5 When construction of the Project is fifty percent (50%) completed, Contractor may
request payment of one-half of the retention pursuant to A.R.S. § 34-609(B)(3), subject to all
of City’s rights to withhold or offset payments, and other rights of City, under the Agreement.
8.1.6 City reserves the right under A.R.S. § 34-609(B)(3) to reinstate the ten percent (10%) retention
if City determines that satisfactory progress is not being made.
8.1.7 Contractor’s Warranty of Title.
8.1.7.1 Contractor warrants and guarantees that title to all Work, materials and equipment covered
by any Contractor Payment Request, whether incorporated in the Project or not, will pass
to City at the time of payment, free and clear of all liens, claims, security interests, and
encumbrances, provided that this will not preclude the Contractor from installing metering
devices or other equipment of utility companies or municipalities, the title of which is
commonly retained by the utility company or municipality.
8.1.7.2 No materials, supplies, or equipment for the Work under this Agreement will be purchased
subject to any chattel mortgage or under a conditional sale contract or other agreement by
which an interest therein, or any part thereof, is retained by the seller or supplier.
8.1.7.3 Nothing contained in this Section will defeat or impair the right of such persons furnishing
materials or labor under any bond given by the Contractor for their protection, or any right
under any law permitting such persons to look to funds due the Contractor in the hands of
the City. The provisions of this Section must be inserted in all subcontracts and material
agreements, and notices of its provision must be given to all persons furnishing materials
for the Work when no formal agreement is entered into for such materials.
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8.2 PAYMENT UPON SUBSTANTIAL COMPLETION
8.2.1 No payment will be made upon Substantial Completion, except for a regularly-scheduled
monthly progress payment, as allowed by Section 8.2.2.
8.2.2 No further payments will be made to Contractor until Final Acceptance.
8.3 FINAL PAYMENT
8.3.1 Subject to all of City’s rights to withhold or offset payment, and other rights under the
Agreement, Final Payment including remaining retainage will be paid only after:
a. Work has been fully completed (including completion of all incorrect or
incomplete work items) and the written Final Acceptance has been issued by
City;
b. Necessary operating manuals, any excess materials and supplies necessary
for matching materials and supplies incorporated into the Work,
acceptable sewer video results (if applicable), and complete “as-built”
Drawings (including the Building Information Model, if required by the
Agreement Documents) have been delivered to City, as specified in this
Section 8.3;
c. Full and unconditional lien waivers and releases by Contractor and any
person performing labor or supplying material, machinery, fixtures, or tools
for the Work have been delivered to Contractor;
d. All conditions and requirements imposed by City or any financing entity
for the corresponding disbursement have been met; and
e. Contractor delivers to City a Contractor Payment Request requesting Final
Payment.
8.3.2 Contractor must also submit a signed copy of Contractor’s Affidavit Regarding Settlement
of Claims, Appendix 3 to these General Conditions, and Certificate of Completion, Appendix 7
to these General Conditions, prior to Final Payment.
8.3.3 In addition, if required under the Project Specific Special Provisions, Contractor must
compile a complete equipment list and maintenance manual to be submitted to City
as a precondition to Final Payment. The list must include the following items for all
equipment supplied under the Plumbing, Electrical, Air Conditioning, Elevator, and other
Special Equipment Specifications:
a. Name, Model and Manufacturer.
b. Complete parts lists and Drawings.
c. Local source of supply for replacement parts along with suppliers’ telephone
numbers.
d. Local service organizations serving the equipment and their telephone
numbers.
e. All tags, inspection slips, instruction packages, etc., removed from
equipment must be properly identified as to pieces of equipment from
which they were taken.
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8.3.4 Contractor must also deliver to City, prior to Final Payment, one (1) digital (in the format
specified by City), and if requested by City, one (1) hard copy, of any applicable
Maintenance manuals. Each manual must include all manufacturer’s operation and
maintenance instructions and “as-built” Drawings with the list herein specified. It must also
include all other diagrams and instructions necessary to properly operate and maintain the
equipment, the name, address and telephone number of Contractor and all Subcontractors
involved.
8.4 CIT Y ’S RIGHT TO WITHHOLD PAYMENT
City may withhold payment to such extent as may be necessary in City’s opinion to protect
City from loss for which Contractor is responsible, including, without limitation, if any of
the following conditions exist:
a. Defective Work not remedied;
b. Third party claims filed or reasonable evidence indicating probable filing of
such claims unless security acceptable to City is provided by Contractor;
c. Failure of Contractor to make payments properly to Subcontractors or for
labor, materials or equipment;
d. Reasonable evidence that the Work cannot be completed for the unpaid
balance of the Agreement Price;
e. Damage to City or another Contractor;
f. Reasonable evidence that the Work will not be completed within the
Agreement Time, and that the unpaid balance would not be adequate to
cover actual or liquidated damages for the anticipated delay;
g. Failure to carry out the Work in accordance with the Agreement Documents;
or
h. Contractor is in default of any of its other obligations under the Agreement
Documents.
8.5 JOINT/DIRECT CHECKS
To promote the timely completion and progress of the Work or when appropriate and
necessary, payments to Contractor may be made jointly to Contractor and its employees,
agents, Subcontractors and suppliers, or any of them. For federally funded agreements,
see federal provisions for additional requirements for the joint check process.
8.6 PAYMENT NOT A WAIVER
No payment (nor use or occupancy of the Project by City) will be deemed acceptance or
approval of the Work or as a waiver of any claims, rights, or remedies of City.
8.7 LIENS AND BOND CLAIMS
Contractor must make all payments, in the time required, of all labor and materials
furnished to Contractor in the course of the Work and must promptly furnish evidence of
such payments as City may require. Contractor must pay when due all claims arising out of
performance of the Work covered by this Agreement for which a lien may be filed either
against the real estate or leasehold interest of City, or against payments due from City to
Contractor, or for which a claim may be made against any payment or performance bond
or both. To the fullest extent permitted by law, Contractor agrees that no liens or other
claims in the nature of a lien against the real estate, leasehold, or other interest of City,
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against payment due from City to Contractor, or against any payment or performance
bond, must be filed or made in connection with the Work by any party who has supplied
professional services, labor, materials, machinery, fixtures, tools, or equipment used in or
in connection with the performance of this Agreement, and Contractor agrees to remove or
to cause to be removed any such liens or claims in the nature of a lien or bond claim within
10 Days upon receiving notice or obtaining actual knowledge of the existence of such liens
or claim. In addition, Contractor agrees to defend, indemnify, and hold harmless City
from and against any and all such liens and claims. This paragraph does not apply to claims
and liens of Contractor due to non-payment for work performed.
8.8 FIN AN CI AL R ECORDKE EPI NG AND C IT Y ’S AUD I T RIGHT
8.8.1 Records for all Agreements between City and Contractor must, upon reasonable notice, be
open to inspection and subject to audit, scanning, and reproduction during normal
business working hours. Such audits may be performed by any City’s representative or any
outside representative engaged by City for the purpose of examining such records. City or
its designee may conduct such audits or inspections throughout the term of this Agreement
and for a period of five years after Final Payment or longer if required by law. City’s
representatives may (without limitation) conduct verifications such as counting employees
at the Site, witnessing the distribution of payroll, verifying information and amounts through
interviews and written confirmations with Contractor employees, field and agency labor,
Subcontractors, and vendors.
8.8.2 Contractor’s “records” must include any and all information, materials and data of every kind
and character, including without limitation, records, books, papers, documents,
subscriptions, recordings, agreements, purchase orders, leases, contracts, commitments,
arrangements, notes daily diaries, superintendent reports, drawings, receipts, vouchers and
memoranda, and any and all other agreements, sources of information and matters that
may in City’s judgment have any bearing on or pertain to any matters, rights, duties or
obligations under or covered by any Agreement Document. Such records must include (hard
copy, as well as computer readable data if it can be made available), written policies and
procedures; time sheets; payroll registers; payroll records; cancelled payroll checks;
subcontract files (including proposals of successful and unsuccessful bidders, bid recaps,
negotiation notes, etc.); original bid estimates; estimating work sheets; correspondence;
Change Order files (including documentation covering negotiated settlements); back-
charge logs and supporting documentation; invoices and related payment documentation;
general ledger, information detailing cash and trade discounts earned, insurance rebates
and dividends; and any other Contractor records which may have a bearing on matters of
interest to City or the Project in connection with Contractor’s dealings with City or the
Project (all foregoing hereinafter referred to as “records”) to the extent necessary to
adequately permit evaluation and verification of any or all of the following:
a. Compliance with Agreement requirements for deliverables;
b. Compliance with approved Plans and Specifications;
c. Compliance with § 14.9 below;
d. Compliance with Agreement provisions regarding the pricing of Change
Orders;
e. Accuracy of Contractor representations regarding the pricing of invoices; or
f. Accuracy of Contractor representations related to claims submitted by
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Contractor or any of their employees.
8.8.3 Contractor must require all payees (examples of payees include Subcontractors, Suppliers,
Insurance Carriers, etc.) to comply with the provisions of this Section by including the
requirements hereof in a written agreement between Contractor and payee. Contractor will
ensure that all payees (including those entering into lump sum agreements) have the same
right to audit provisions contained in this Agreement included in their agreements with
Contractor.
8.8.4 City’s authorized representative(s) (including, without limitation, Project Manager) must have
reasonable access to Contractor’s facilities, must be allowed to interview all current or former
employees to discuss matters pertinent to the performance of this Agreement and must be
provided adequate and appropriate work space, in order to conduct audits in compliance
with this Section.
8.8.5 If an audit inspection or examination in accordance with this Section, discloses overpricing
or overcharges to City (of any nature) by Contractor or Contractor’s Subcontractors in excess
of $100,000 in addition to making adjustments for the overcharges, the reasonable actual
cost of City’s audit must be reimbursed to City by Contractor. Any adjustments or payments
which must be made as a result of any such audit or inspection of Contractor’s invoices or
records must be made within a reasonable amount of time (not to exceed 90 Days) from
presentation of City’s findings to Contractor.
8.8.6 In addition to the normal paperwork documentation Contractor typically furnishes to City,
Contractor agrees to furnish, upon written request from City, any of the documentation
necessary for City to exercise its audit rights under this Section 8.8 in computer readable file
formats (Word, Excel, or .pdf), as City may designate.
8.8.7 City, its authorized representative, and the appropriate agency, reserve the right to
audit Contractor’s records in compliance with local, state or federal policies, statutes
or at City’s discretion, within three (3) years of Final Acceptance of the Work.
SECTION 9 - CHANGES TO THE AGREEMENT
9.1 FIELD ORDERS
City may authorize minor changes in the Work not involving an adjustment in the
Agreement Price or the Agreement Times, which are consistent with the overall intent of
the Agreement Documents. These may be accomplished by a written Field Order on the
standard form approved and executed by City. Such Field Orders must be binding and
Contractor must perform the change promptly. If Contractor believes that a Field Order
justifies an increase in the Agreement Price or Agreement Time, Contractor may make a
claim therefor as provided in Section 7.2.
9.2 EXTRA WORK/CHANGES IN THE WORK
9.2.1 City reserves the right to make such changes in the Plans and Specifications for the Work,
as it may deem appropriate and any such change as set forth in a written Change Order
must be deemed a part of this Agreement as if originally incorporated herein.
9.2.2 In the event City and Contractor cannot agree on the terms of a Change Order, or
when circumstances otherwise require, the Project Manager has the authority to direct the
Contractor to perform extra work, if the work in question is an item not provided for in the
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Agreement as awarded. The Project Manager will have the authority to determine, based
upon factual evidence presented by the Contractor, whether the work in question is an
item not provided for in the Agreement as awarded. If the Project Manager directs the
Contractor to perform extra work, the Project Manager’s instructions will include a price
that the Contractor cannot exceed in charging the City for the extra work. Upon receipt of
the Project Manager’s directions to perform extra work, the Contractor must promptly
proceed with the extra work and document the actual cost thereof. Contractor’s right to
payment for extra work will be determined under Subsection 9.2.4 below. The Contractor is
responsible to manage the extra work to ensure that the price limits set by the Project
Manager are not exceeded. Contractor must perform the extra work and submit
documentation for the actual cost of the extra work to the City. A Change Order will be
issued to cover this work.
9.2.3 Contractor will not be entitled to payment for extra work unless a written Change Order, in
form and content prescribed by City, has been executed by City. On all requests for Change
Orders, Contractor must specify the increased or decreased costs and whether it
believes any extensions of time will be necessary to complete its Work as modified by the
Change Order. If extra work is performed under Subsection 9.2.2 above, a corresponding
Change Order will be prepared, approved and processed by City before payment can be
made to Contractor.
9.2.4 In general, pricing for Change Orders will include the same mark-up percentages that were
in effect when the Agreement was awarded. The cost or credit to the City resulting from a
change in the Work is subject to Appendix 1 (Policy Statement for Calculating Delays and
Damages) and will be determined, based on the type of pricing for the Agreement involved,
as follows:
a. By mutual acceptance of a lump sum properly itemized in a form acceptable
to City;
b. By unit prices stated in the Agreement Documents;
c. When the City determines that a Unit Price Book Job Order associated with
a Job Order Agreement requires a Change Order, by using the same Total
Cost Data and CCI that are in effect when the Change Order is anticipated to
be issued; or
d. By actual cost and a percentage fee covering overhead and profit, as follows:
(i) Contractor will perform the extra work and be compensated for actual
cost of labor, materials and equipment.
(ii) Contractor will have the right to add the fee percentage applicable
to the Work under the Agreement, or if no such fee has been agreed
to by the parties, not more than five percent (5%) to the
Subcontractor’s prices for authorized extra work performed solely
by Subcontractors. Such percentage will include all of Contractor’s
charges for overhead, profit, administration and supervision.
(iii) Contractor or Subcontractor will have the right to add the fee
percentage applicable to Work under the Agreement for self-
performed extra work, or if no such fee has been agreed to by the
parties, Contractor’s or Subcontractor’s maximum total allowable
additions for overhead, profit, administration and supervision will
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not exceed ten percent (10%) of actual verifiable labor, materials
and equipment for such self- performed extra work.
9.2.5 Any agreement which modifies the terms of the Agreement (including Change Orders)
will be approved in writing by the Project Manager. Once properly executed by both
parties, these modifications to the Agreement will have the same effect as if they had been
included in the original Agreement.
9.3 ACCURACY OF CHANGE ORDER PRICING INFORMATION
9.3.1 Subject to Sections 9.3.2 through 9.3.4, signature by the contracting parties constitutes full
accord and satisfaction between City and Contractor for all costs, damages, and expenses
of whatever kind of nature, including delay, impact or acceleration damages, which may be
occasioned by a Change Order of other modification of the Agreement agreed to in writing.
9.3.2 Accurate Change Order Pricing Information: Contractor agrees that it is responsible for
submitting accurate cost and pricing data to City to support its Fixed Price, Unit Price, or
Cost Plus Change Order Proposals or other Agreement Price adjustments under the
Agreement. Contractor further agrees to submit Change Order proposals with cost and
pricing data which is accurate, complete, current, and in accordance with the terms of
the Agreement with respect to pricing of change orders. Contractor agrees that any “buy-
out savings” on Change Orders will accrue 100% to Owner. “Buy-out savings” are defined
as any savings negotiated by the Contractor with a Subcontractor or a Material Supplier
after receiving approval of a Change Order amount that was designated to be paid to a
specific Subcontractor or Supplier for the Approved Change Order work.
9.3.3 Right to Verify Change Order Pricing Information: Contractor agrees that City, through
its designated representative, will have the right to examine, copy, and scan the records
of the Contractor, Subcontractor or Sub-Subcontractor’s records (during the Agreement
period and up to three years after final payment is made on the Agreement) to verify
the accuracy and appropriateness of the pricing data used to price all Change Order
proposals or claims. Contractor agrees that if City determines the cost and pricing data
submitted (whether approved or not) was inaccurate, incomplete, not current, or not in
compliance with the terms of the Agreement regarding pricing of Change Orders, an
appropriate Agreement Price adjustment will be made. Such post-approval Contact Price
adjustments will apply to all levels of contractors and Subcontractors and to all types of
Change Order proposals, specifically including Fixed Price, Unit Price, and Cost Plus Change
Orders.
9.3.4 Requirements for Detailed Change Order Pricing Information: Contractor agrees to
provide a detailed breakdown of allowable labor and labor burden cost (i.e., base wage
rate of applicable classifications of workers, payroll taxes, and insurance and benefits
costs). This information will be used to evaluate the potential cost of labor and labor burden
related to Change Order work. It is intended that this information represent an accurate
estimate of the Contractor’s actual labor and labor burden cost components. Information
is not intended to establish fixed billing or Change Order pricing labor rates. However, at the
time Change Orders are priced, the submitted cost data for labor rates may be used to price
Change Order work. The accuracy of any such agreed upon labor rate cost components
used to price Change Orders will be subject to later audit. Approved Change Order
amounts may be adjusted later to correct the impact of inaccurate labor cost
components if the agreed upon labor cost components are determined to be inaccurate.
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9.4 EMERGENCIES
In any emergency affecting the safety of persons or property, Contractor will act, at its
discretion, to prevent threatened damage, injury or loss. Any change in the Agreement Price
or Agreement Time resulting from emergency work will be determined as provided in this
Section.
9.5 DIFFERING SITE CONDITIONS
9.5.1 If Differing Site Conditions are encountered at the Project Site, then notice by the observing
party must be given to the other party promptly before conditions are disturbed (to the extent
practicable) and in no event later than 14 Days after first observance of the conditions.
City will promptly investigate such conditions and, if City determines that Differing Site
Conditions exist and they materially cause an increase in the cost of, or time required for,
performance of any part of the Work, Contractor will be entitled to equitable adjustment
in the Agreement Price or Construction Schedule (and other time requirements), or both.
If it is determined by City that the conditions at the Project Site are not Differing Site
Conditions and no change is justified, then City will so notify Contractor in writing, stating the
reasons. Claims in opposition to such determination must be made within 14 Days after
City has given notice of its decision. If City and Contractor cannot agree on an adjustment
in the Agreement Price or Construction Schedule (and other time requirements), the
adjustment may be submitted to dispute resolution as provided these General Conditions.
9.6 CHANGES IN LAWS, REGULATIONS, OR LEGAL REQUIREMENTS OR TAXES
In the event of a material change in applicable Laws, Regulations, or Legal Requirements, or
taxes subsequent to the date of the Agreement by the parties, Contractor may be entitled
to a Change Order, in City’s discretion, to the extent Contractor can document to the
satisfaction of City that such change significantly increases Contractor’s actual cost of
performance of the Work.
SECTION 10 -SUSPENSION AND TERMINATION
10.1 SUSPENSION
City may suspend the Agreement and Contractor’s performance in accordance with MAG
Specifications § 105.1 and 108.7.
10.2 TERMINATION BY THE CITY FOR CAUSE
10.2.1 MAG Specifications § 108.11 applies to the Agreement.
10.2.2 City may also terminate the Agreement if City determines, in its sole discretion that
Contractor has:
a. After prior written notice, refused or failed to supply enough properly skilled
workers or proper materials;
b. After prior written notice, failed to make payment to Subcontractors for
materials or labor in accordance with the respective agreements between
Contractor and the Subcontractors;
c. After prior written notice, disregards laws, ordinances, or rules, regulations or
orders of a public authority having jurisdiction;
d. After prior written notice, repeatedly failed to comply with written directives
from City;
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e. Is adjudged as bankrupt or insolvent;
f. Made a general assignment for the benefit of creditors;
g. Appointed a trustee or receiver for itself or any of its property;
h. Filed a petition to take advantage of any debtor's act, or to reorganize under
the bankruptcy or similar laws; or
i. Otherwise breached a provision of the Agreement Documents or any other
Agreement between City and Contractor.
10.2.3 When any of the above reasons exist, City may terminate the Agreement, without prejudice
to any other rights or remedies of City, after giving Contractor and Contractors’ surety, if
any, 7 Days written notice of City’s intent to terminate the Agreement and Contractor’s
failure to cure any such reasons. Upon such termination, City may: (1) take possession of
the Site and of all materials thereon owned by Contractor; or (2) finish the Work by whatever
reasonable method City may deem expedient. When City terminates the Agreement for one
of the reasons state above, Contractor will not be entitled to receive further payment until
the Work is finished. If the unpaid balance of the Agreement Price existing at the time of
such termination exceeds the costs and expenses of finishing the Work and any other
damages incurred by City, such excess will be paid to Contractor. If such costs, expenses
and damages exceed such unpaid balance, Contractor must pay the difference to City. This
obligation for payment will survive termination of the Agreement.
10.3 TERMINATION BY CITY FOR CONVENIENCE
City may also terminate the Agreement at any time for its convenience upon 7 Days written
notice to Contractor specifying the termination date. In the event of termination which is
not the fault, in whole or in part, of Contractor, City will pay to Contractor only such
compensation, including reimbursable expenses, due for Work properly performed on
the Project prior to the termination date. Upon any termination of the Agreement, no
further payments will be due from City to Contractor.
10.4 A.R.S. § 38-511
The Agreement is subject to, and may be terminated by City in accordance with, the
provisions of A.R.S. § 38-511.
SECTION 11 -INSURANCE AND BONDS
11.1 INSURANCE REQUIREMENTS
11.1.1 After Agreement award, the Contractor must furnish the City a certificate of insurance on a
standard insurance industry ACORD form. The ACORD form must be issued by an insurance
company authorized to transact business in the State of Arizona possessing a current A.M.
Best, Inc. rating of A-7, or better and legally authorized to do business in the State of Arizona
with policies and forms satisfactory to City. Provided, however, the A.M. Best rating
requirement may not be deemed to apply to required Worker’s Compensation coverage.
11.1.2 The Contractor and any of its Subcontractors must procure and maintain, until all of their
obligations have been discharged, including any warranty periods under this Agreement are
satisfied, the insurances set forth below.
11.1.3 The insurance requirements set forth below are minimum requirements for this Agreement
and in no way limit the indemnity covenants contained in this Agreement.
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11.1.4 The City in no way warrants that the minimum insurance limits contained in this Agreement
are sufficient to protect Contractor from liabilities that might arise out of the performance
of the Agreement services under this Agreement by Contractor, its agents, representatives,
employees, or Subcontractors and the Contractor is free to purchase any additional
insurance as may be determined necessary.
11.1.5 Failure to demand evidence of full compliance with the insurance requirements in this
Agreement or failure to identify any insurance deficiency will not relieve the Contractor
from, nor will it be considered a waiver of its obligation to maintain the required insurance
at all times during the performance of this Agreement.
11.1.6 Use of Subcontractors: If any Work is subcontracted in any way, the Contractor must
execute a written agreement with Subcontractor containing the same Indemnification
Clause and Insurance Requirements as the City requires of the Contractor in this
Agreement. The Contractor is responsible for executing the Agreement with the
Subcontractor and obtaining Certificates of Insurance and verifying the insurance
requirements.
11.2 MINIMUM SCOPE AND LIMITS OF INSURANCE
11.2.1 The Contractor must provide coverage with limits of liability not less than those stated
below.
11.2.1.1 Commercial General Liability-Occurrence Form. Contractor must maintain “occurrence”
form Commercial General Liability insurance with a limit of not less than $2,000,000 for each
occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products
and completed operations, independent contractors, personal injury and advertising injury.
If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess
insurance must be “follow form” equal or broader in coverage scope than underlying
insurance.
11.2.1.2 Automobile Liability-Any Automobile or Owned, Hired and Non-Owned Vehicles. Contractor
must maintain Business/Automobile Liability insurance with a limit of $1,000,000 each
accident on Contractor owned, hired, and non-owned vehicles assigned to or used in the
performance under this Agreement. If any Excess or Umbrella insurance is utilized to fulfill
the requirements of this paragraph, the Excess or Umbrella insurance must be “follow
form” equal or broader in coverage scope than underlying insurance.
11.2.1.3 Workers Compensation and Employers Liability Insurance. Contractor must maintain
Workers Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Contractor employees engaged in the performance of Work
under this Agreement and must also maintain Employers’ Liability insurance of not less than
$1,000,000 for each accident and $1,000,000 disease for each employee.
11.2.1.4 Builders’ Risk/Installation Floater Insurance. The Contractor bears all responsibility for loss
to all equipment or Work under construction. Unless waived in writing by the City the
Contractor will purchase and maintain in force Builders’ Risk/Installation Floater insurance
on the entire Work until completed and accepted by the City. This insurance will be Special
Causes of Loss policy form, (minimally including perils of fire, flood, lightning, explosion,
windstorm and hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism,
malicious mischief, and collapse), completed value, replacement cost policy form equal to
the Agreement Price and all subsequent modifications. The Contractor’s Builders’
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Risk/Installation Floater insurance must be primary and not contributory.
a. Builders’ Risk/Installation Floater insurance must cover the entire Work
including reasonable compensation for architects and engineers’ services
and expenses and other “soft costs” made necessary by an insured loss.
Builders’ Risk/Installation Floater insurance must provide coverage from the
time any covered property comes under the Contractor’s control and or
responsibility, and continue without interruption during course of
construction, renovation and or installation, including any time during which
any Project property or equipment is in transit, off Site, or while on Site for
future use or installation. Insured property must include, but not be limited
to, scaffolding, false work, and temporary buildings at the Site. This
insurance must also cover the cost of removing debris, including demolition
as may be legally required by operation of any law, ordinance, regulation or
code.
b. The Contractor must also purchase and maintain Boiler and Machinery
insurance with the same requirements as Builders’ Risk/Installation Floater
insurance cited above if the Work to be performed involves any exposures
or insurable property normally covered under a Boiler and Machinery
insurance policy or made necessary as required by law or testing
requirements in the performance of this Agreement. The Contractor will be
responsible for any and all deductibles under these policies and the
Contractor waives all rights of recovery and subrogation against the City
under the Contractor- Builders’ Risk/Installation Floater insurance described
herein.
c. Builders’ Risk/Installation Floater Insurance must be maintained until
whichever of the following first occurs: (i) final payment has been made; or,
(ii) until no person or entity, other than the City, has an insurable interest in
the property required to be covered.
d. The Builders’ Risk/Installation Floater insurance must be endorsed so that
the insurance will not be canceled or lapse because of any partial use or
occupancy by the City.
e. The Builders Risk/Installation Floater insurance must include as named
insureds, the City, the Contractor, and all tiers of Subcontractors and others
with an insurable interest in the Work who will be named as additional
insureds unless they are able to provide the same level of coverage with the
City and Contractor named as additional insureds. Certificates must contain
a provision that the insurance will not be canceled or materially altered
without at least 30 Days advance notice to the City. The City must also be
named as a Loss Payee under the Builders’ Risk/Installation Floater coverage.
f. The Builders Risk/Installation Floater insurance must be written using the
Special Causes of Loss policy form, replacement cost basis.
g. All rights of subrogation under the Builders Risk/Installation Floater
insurance are, by this Agreement, waived against the City, its officers,
officials, agents and employees.
h. The Contractor is responsible for payment of all deductibles under the
Builders’ Risk/Installation Floater insurance policy.
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11.2.1.5 Pollution Liability Insurance (Including Errors and Omissions). For Job Orders, Pollution
Liability Insurance is only required if applicable and determined on a project specific basis.
Contractor must maintain Pollution Liability Insurance with a limit of not less than
$5,000,000 per loss, $5,000,000 aggregate for losses caused by pollution conditions
including coverage for bodily injury, property damage, defense costs, clean-up costs, and
completed operations that arise from the operations of Contractor as described in this
Agreement.
a. The policy must provide for complete professional service coverage,
including coverage for pollution liability that is a result of a breach of
professional duties.
b. The policy must provide for protection again claims for third-party bodily
injury, property damage, or environmental damage caused for pollution
conditions resulting from general contracting activities for which Contractor
is legally liable.
c. The policy must provide for cleanup costs when mandated by governmental
entities, when required by law, or as a result of third-party claims.
d. Completed Operations Coverage must be kept in place for up to the statute
of repose.
e. The policy must be endorsed to include the following additional insured
language: “City, its elected officials, trustees, employees, agents, and
volunteers must be named as additional insureds with respect to liability
arising out of the activities performed by, or on behalf of Contractor”.
f. If Work under this Agreement requires the transportation of any hazardous
material or regulated substances, Contractor must carry Auto Liability with a
CA 9948 endorsement or equivalent.
g. If Work under this Agreement requires the disposal of any hazardous
materials from the job site, Contractor must obtain a certificate of insurance
for Pollution Legal Liability from the disposal site operator with a limit of not
less than $5,000,000 per loss, $5,000,000 aggregate.
11.3 ADDITIONAL POLICY PROVISIONS REQUIRED
11.3.1 Self-Insured Retentions or Deductibles. Any self-insured retentions and deductibles must
be declared and approved by the City. If not approved, the City may require that the insurer
reduce or eliminate any deductible or self-insured retentions with respect to the City, its
officers, officials, agents, employees, and volunteers.
11.3.2 The Contractor’s insurance must contain broad form contractual liability coverage.
11.3.3 The Contractor's insurance coverage must be primary insurance with respect to the City, its
officers, officials, agents, and employees. Any insurance or self-insurance maintained by
the City, its officers, officials, agents, and employees will be in excess of the coverage
provided by the Contractor and must not contribute to it.
11.3.4 The Contractor's insurance must apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
11.3.5 Coverage provided by the Contractor must not be limited to the liability assumed under the
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indemnification provisions of this Agreement.
11.3.6 The policies must contain a severability of interest clause and waiver of subrogation against
the City, its officers, officials, agents, and employees, for losses arising from Work
performed by the Contractor for the City.
11.3.7 The Contractor, its successors and or assigns, are required to maintain Commercial General
Liability insurance as specified in this Agreement for a minimum period of 3 years following
completion and acceptance of the Work. The Contractor must submit a Certificate of
Insurance evidencing Commercial General Liability insurance during this 3 year period
containing all the Agreement insurance requirements, including naming the required
Additional Insureds set forth herein.
11.3.8 If a Certificate of Insurance is submitted as verification of coverage, the City will reasonably
rely upon the Certificate of Insurance as evidence of coverage but this acceptance and
reliance will not waive or alter in any way the insurance requirements or obligations of this
Agreement.
11.3.9 Insurance Cancellation During Agreement Term.
11.3.9.1 If any of the required policies expire during the life of this Agreement, the Contractor must
forward renewal or replacement Certificates to the City within 10 Days after the renewal
date containing all the required insurance provisions.
11.3.9.2 Each insurance policy required by the insurance provisions of this Agreement must provide
the required coverage and must not be suspended, voided or canceled except after 30 Days
prior written notice has been given to the City, except when cancellation is for non-payment
of premium, then 10 Days prior notice may be given. Such notice must be sent directly to
Chandler Law-Risk Management Department, Post Office Box 4008, Mailstop 628, Chandler,
Arizona 85225. If any insurance company refuses to provide the require notice, the
Contractor or its insurance broker must notify the City of any cancellation, suspension, non-
renewal of any insurance within 7 Days of receipt of insurers’ notification to that effect.
11.3.10 City as Additional Insured. The above-referenced policies are to contain, or be endorsed to
contain, the following provisions:
11.3.10.1 The Commercial General Liability and Automobile Liability policies are to contain, or be
endorsed to contain, the following provisions: The City, its officers, officials, agents, and
employees are additional insureds with respect to liability arising out of activities performed
by, or on behalf of, the Contractor including the City's general supervision of the Contractor;
Products and Completed Operations of the Contractor; and automobiles owned, leased,
hired, or borrowed by the Contractor.
11.3.10.2 The City, its officers, officials, agents, and employees must be additional insureds to the full
limits of liability purchased by the Contractor even if those limits of liability are in excess of
those required by this Agreement.
11.4 BONDS AND OTHER PERFORMANCE SECURITY
11.4.1 After Agreement award, Contractor must provide a Performance Bond and a Payment
Bond, each in an amount equal to the full amount of the Agreement Price.
11.4.2 Each such bond must be executed by a surety company or companies holding a Certificate
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of Authority to transact surety business in the State of Arizona, issued by the Director of the
Arizona Department of Insurance and must be named in the current list of "Companies
Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of
Accounts, U.S. Treasury Department. A copy of the Certificate of Authority must accompany
the bonds. The Certificate must have been issued or updated within two (2) years prior to
the execution of this Agreement. The bonds must be written or countersigned by an
authorized representative of the surety who is either a resident of the state of Arizona or
whose principal office is maintained in this state, as by law required.
11.4.3 The bonds must be made payable and be acceptable to City. The bond forms for the
performance and payment bonds must be in the forms required under A.R.S. § 34-221, et.
Seq., as in Appendices 4 and 5 of these General Conditions.
11.4.4 Upon the request of any person or entity appearing to be a potential beneficiary of bonds
covering payment of obligations arising under the Agreement Documents, Contractor must
promptly furnish a copy of the bonds or must permit a copy to be made.
11.4.5 All bonds submitted for this Project must be provided by a company which has been rated AM
Best rating of A- or better for the prior four quarters by the latest edition of the ‘Results
Best’s Key Rating Guide (Property/Casualty)” published by the A.M. Best Company.
11.4.6 Personal or individual bonds are not acceptable.
11.4.7 If the surety on any Bond furnished by Contractor is declared a bankrupt or becomes
insolvent, or Contractor’s right to do business is terminated in any state where any part of
the Project is located, or it ceases to meet the requirements of this Section 11.4, Contractor
must within 5 Days thereafter substitute another Bond and surety, both of which must be
acceptable to City.
SECTION 12 - INDEMNIFICATION
12.1 To the extent permitted by law, the Contractor and its owners, officers, directors, agents,
employees, and subconsultants (collectively "lndemnitor") must indemnify, save, and hold
harmless the City and its officers, officials, agents, and employees (collectively "lndemnitee")
from any and all claims, actions, liabilities, damages, losses, or expenses (including court
costs, attorneys' fees, and costs of claim processing, investigation, and litigation) (collectively
"Claims") caused or alleged to be caused, in whole or in part, by the negligent, reckless,
wrongful, or willful acts, errors, or omissions of Indemnitor in connection with this
Agreement. This indemnity includes any Claim or amount arising out of or recovered under
workers' compensation laws or on account of Indemnitor's failure to conform to any federal,
state, or local law, statute, ordinance, rule, regulation, or court decree. Indemnitor must
indemnify lndemnitee from and against any and all Claims, except those arising solely from
lndemnitee's own negligent, reckless, wrongful, or willful acts, errors, or omissions.
Indemnitor is responsible for primary loss investigation, defense, and judgment costs where
this indemnification applies. In consideration of the award of this Agreement, Indemnitor
agrees to waive all rights of subrogation against lndemnitee for losses arising from or
related to this Agreement. Indemnitor's obligations under this provision survive the
termination or expiration of this Agreement.
SECTION 13 -DISPUTE RESOLUTION
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13.1 All disputes arising out of or relating to the Agreement, the Work or the Project, other than
termination under Section 10, will be resolved pursuant to the Dispute Resolution
process set forth in Appendix 6 of these General Conditions, and not pursuant to MAG
Specifications § 110.
13.2 Contractor agrees that during any dispute between the parties, Contractor will continue to
perform its obligations under the Agreement until such dispute is resolved.
13.3 Notwithstanding any other provision in this Agreement, City has the right to immediately file
in court and pursue an action for a temporary restraining order and injunctive relief against
Contractor if City determines that such action is necessary to protect its interests under the
Agreement, to obtain specific performance of any provision of the Agreement, to advance
the completion of the Project, or to protect health, welfare and safety.
SECTION 14 - MISCELLANEOUS PROVISIONS
14.1 AGREEMENT DOCUMENTS
14.1.1 The Agreement Documents are intended to permit the parties to complete the Work
and all obligations required by the Agreement Documents within the Agreement Times for
the Agreement Price. The Agreement Documents are intended to be complementary and
interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a
manner consistent with construction and design industry standards.
14.1.2 It is the intent of the Agreement Documents to describe a functionally complete Project (or
part thereof) to be constructed in accordance with the Agreement Documents. Any labor,
documentation, services, materials, or equipment that may reasonably be inferred from the
Agreement Documents or from prevailing custom or trade usage as being required to
produce the intended result must be provided by Contractor whether or not specifically
called for at no additional cost to City.
14.1.3 The Agreement Documents establish the rights and obligations of the parties and include
the Agreement, Addenda (which pertain to the Agreement Documents), Contractor's Bid or
Proposal (including documentation accompanying the Bid and any post-Bid documentation
submitted prior to Agreement award) when attached as an exhibit to the Agreement, the
accepted Project Schedule, the Notice to Proceed, the Performance Bond, the Payment
Bond, Project Design, Engineering and Specifications, these General Conditions, the Project
Specific Special Provisions, Technical Specifications, Agreement Drawings, as the same may
be more specifically identified in the Agreement, Change Orders, Work Change Directives,
Field Orders and the written interpretations and clarifications of the Design Professional or
City representative and Modifications issued after execution of the Agreement. Approved
Shop Drawings and the reports and drawings of subsurface and physical conditions are not
Agreement Documents.
14.1.4 In the event of any inconsistency, conflict, or ambiguity between or among the Agreement
Documents, the Agreement Documents will take precedence as follows from highest to
lowest: Change Orders, Addenda, Agreement, Project Specific Special Provisions, General
Conditions, Technical Specifications, Drawings/Plans, Chandler Amendments to MAG
Standard Specifications and Chandler Standard Details, and MAG Uniform Standard
Specifications and Details for Public Works Construction. If applicable to this Agreement,
Federal Provisions prevail.
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14.1.5 On the Drawings, given dimensions will take precedence over scaled measurements and
large scale drawings over small-scale drawings.
14.1.6 Clarifications and interpretations of the Agreement Documents will be issued by the Design
Professional through the City.
14.1.7 The headings used in this Agreement or any other Agreement Documents, are for ease of
reference only and must not in any way be construed to limit or alter the meaning of any
provision.
14.1.8 The Agreement Documents form the entire agreement between City and Contractor.
No oral representations or other agreements have been made by the parties except as
specifically stated in the Agreement Documents.
14.1.9 The Agreement Documents may not be changed, altered, or amended in any way except in
writing signed by a duly authorized representative of each party in the form of a Change
Order.
14.1.10 Re-Use of Documents. Neither Contractor nor any Subcontractor, manufacturer, fabricator,
supplier or distributor will have or acquire any title to or ownership rights in any of the
Drawings, Specifications or other documents (or copies of any thereof) prepared by or
bearing the seal of the Design Professional; and they must not re-use any of them on
extensions of the Project or any other project without written consent of City and the Design
Professional and specific written verification or adaptation by the Design Professional.
14.2 REFERENCE STANDARDS
14.2.1 Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific
or by implication, will mean the standard, specification, manual, code, or Laws or
Regulations in effect at the time of opening of Bids (or on the Effective Date of the
Agreement if there were no Bids), except as may be otherwise specifically stated in the
Agreement Documents.
14.2.2 The provisions of any such standard, specification, manual or code, or any instruction of a
Supplier will not change the duties or responsibilities of City, Contractor, Design
Professional or Project Manager, or any of their Subcontractors, consultants, agents, or
employees from those set forth in the Agreement Documents, nor will any such provision
or instruction assign to City, Contractor, Design Professional, or any of their agents, or
employees any duty or authority to supervise or direct the performance of the Work or any
duty or authority to undertake responsibility inconsistent with the provisions of the
Agreement Documents.
14.3 COMPLIANCE WITH ARIZONA LAW AND FEDERAL LAW
14.3.1 Compliance with A.R.S. § 41-4401. Pursuant to the provisions of A.R.S. § 41-4401, the
Contractor hereby warrants to the City that the Contractor and each of its subcontractors
(“Subcontractors”) must comply with all Federal Immigration laws and regulations that
relate to the immigration status of their employees and the requirement to use E-Verify set
forth in A.R.S. §23-214(A).
14.3.2 A breach of the Contractor Immigration Warranty constitutes a material breach of this
Agreement and subject to penalties up to and including termination of this Agreement.
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14.3.3 The City retains the legal right to inspect the papers of any Contractor or Subcontractor
employee who works on this Agreement to ensure that the Contractor or Subcontractor is
complying with the Contractor Immigration Warranty. The Contractor agrees to assist the
City in the conduct of any such inspections.
14.3.4 The City may, at its sole discretion, conduct random verifications of the employment records
of the Contractor and any Subcontractors to ensure compliance with Contractors
Immigration Warranty. The Contractor agrees to assist the City in performing any such
random verifications.
14.3.5 The provisions of this Article must be included in any agreement the Contractor enters into
with any and all of its subcontractors who provide services under this Agreement or any
subcontract. “Services” are defined as furnishing labor, time or effort in the State of Arizona
by a contractor or subcontractor. Services include construction or maintenance of any
structure, building or transportation facility or improvement to real property.
14.4 HAZARDOUS ENVIRONMENTAL CONDITIONS
14.4.1 Contractor will not be responsible for any Hazardous Environmental Condition uncovered
or revealed at the Site which was not shown or indicated in Drawings or Specifications or
identified in the Agreement Document to be within the scope of the Work. Contractor will
be responsible for a Hazardous Environmental Condition created with any materials
brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom
Contractor is responsible.
14.4.2 If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone
for whom Contractor is responsible creates a Hazardous Environmental Condition.
Contractor must immediately:
a. Secure or otherwise isolate such condition;
b. Stop all Work in connection with such condition and in any area affected
thereby; and
c. Notify City and promptly thereafter confirm such notice in writing.
14.4.3 City will promptly retain a qualified expert to evaluate such condition or take corrective
action, if any.
14.4.4 Contractor will be responsible for any and all civil or criminal penalties, fines, damages, or
other charges imposed by any regulatory agency or court for sewage discharges that are in
violation of applicable statutes and laws and that are a result, direct or indirect, of work
performed under this Agreement. Contractor will also be responsible for reimbursement
to City for administration, reporting, and tracking expenses required as a result of any spill
event. In the event the regulatory agency or court imposes a probationary period,
Contractor must post bond for the probationary period to ensure that all such costs are
reimbursed to City. This responsibility will apply whether penalties are imposed directly on
Contractor or any of its Subcontractors, or the City of Chandler. Contractor must defend
and indemnify City against such penalties. Regulatory agencies may include, but are not
limited to, the Arizona Department of Environmental Quality (ADEQ) and the United States
Environmental Protection Agency (USEPA).
14.5 COOPERATION AND FURTHER DOCUMENTATION
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Contractor agrees to provide City such other duly executed documents as may be
reasonably requested by City to implement the intent of the Agreement Documents.
14.6 ASSIGNMENT
Neither Contractor nor City will, without the written consent of the other assign, transfer or
sublet any portion of this Agreement or part of the Work or the obligations required by
the Agreement Documents, any such assignment will be void, will transfer no rights to the
purported assignee, and would be a material breach of the Agreement.
14.7 SUCCESSORS
Contractor and City intend that the provisions of the Agreement Documents are binding
upon the parties, their employees, agents, heirs, successors and assigns.
14.8 LAWFUL PRESENCE
Pursuant to A.R.S. §§ 1-501 and 1-502, City is prohibited from awarding an agreement to any
natural person who cannot establish that such person is lawfully present in the United
States. To establish lawful presence, a person must produce qualifying identification and
sign a City-provided affidavit affirming the identification provided is genuine. This
requirement will be imposed at the time of agreement award. This requirement does not
apply to business organizations such as corporations, partnerships, or limited liability
companies.
14.9 NO BOYCOTT OF ISRAEL CERTIFICATION
By Contractor's signature on this Agreement, Contractor certifies under A.R.S. § 35-393.01
that Contractor is not currently engaged in and for the duration of this Agreement will not
engage in a boycott of Israel.
14.10 NO THIRD PARTY BENEFICIARY
Nothing under the Agreement Documents will be construed to give any rights or benefits
in the Agreement Documents to anyone other than City and Contractor, and all duties and
responsibilities undertaken pursuant to the Agreement Documents will be for the sole and
exclusive benefit of City and Contractor and not for the benefit of any other party, unless
otherwise expressly set forth in the Agreement Documents.
14.11 GOVERNING LAW AND VENUE
The Agreement and all Agreement Documents will be deemed to be made under, and will
be construed in accordance with and governed by the laws of the State of Arizona without
regard to the conflicts or choice of law provisions thereof. Any court action to enforce any
provision of the Agreement or to obtain any remedy with respect hereto must be brought
in the Superior Court, Maricopa County, Arizona, and for this purpose, each party hereby
expressly and irrevocably consents to the jurisdiction and venue of such Court.
14.12 SEVERABILITY
If any provision of the Agreement Documents or the application thereof to any person or
circumstance will be invalid, illegal or unenforceable to any extent, the remainder of the
affected provision, the remainder of the Agreement Documents, and the application
thereof will not be affected and will be enforceable to the fullest extent permitted by law.
14.13 LEGAL REQUIREMENTS
At all times relevant to its entry into this Agreement and performance of the Services and
the Work, Contractor must fully comply with all Laws, Regulations, or Legal Requirements
applicable to City, the Project, and the Agreement, including, without limitation, those set
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forth on Exhibit C of the Agreement.
14.14 PARTIAL INVALIDITY
If any provision of the Agreement is held by a court of competent jurisdiction to be invalid,
void or unenforceable, the remaining provisions will nevertheless continue in full force
without being impaired or invalidated in any way.
14.15 ATTORNEYS' FEES
Should either party to the Agreement bring an action to enforce any provision of the
Agreement, the prevailing party will be entitled to recover reasonable attorneys' fees and
costs in connection therewith.
14.16 CONFLICT OF INTEREST
14.16.1 Contractor agrees to disclose any financial or economic interest with the Project property,
or any property affected by the Project, existing prior to the execution of the Agreement.
Further, Contractor agrees to disclose any financial or economic interest with the Project
property, or any property affected by the Project, if Contractor gains such interest during
the course of this Agreement. If Contractor gains financial or economic interest in the
Project during the course of this Agreement, this may be grounds for terminating this
Agreement. Any decision to terminate the Agreement must be at the sole discretion of City.
14.16.2 Contractor will not engage the services on this Agreement of any present City employee who
was involved as a decision maker in the selection or approval processes, or who negotiated
or approved billings or Agreement Modifications for this Agreement.
14.16.3 Contractor agrees that it will not perform services on this Project for a contractor,
subcontractor, or any supplier, not covered under this Agreement.
14.17 INDEPENDENT CONTRACTOR
Contractor is and must be an independent contractor. Any provisions in the Agreement
Documents that may appear to give City the right to direct Contractor as to the details of
accomplishing the Work or to exercise a measure of control over the Work means that
Contractor must follow the wishes of City as the results of the Work only. These results
must comply with all applicable laws and ordinances.
14.18 NOTICE OF INJURY
Should City or Contractor suffer injury or damage to their person or property because of
any error, omission or act of the other party or of any of the other party's employees or
agents or others for whose acts the other party is legally liable, claim must be made in
writing to the other party within 7 Days of the first observance of such injury or damage.
14.19 CONFIDENTIALITY
Contractor, for the benefit of City, hereby agrees it will not release or cause or permit
to be released to the public any press notices, publicity (oral or written) or advertising
promotion relating to, any statement regarding, or any other public announcement or
disclosure or cause or permit to be publicly announced or disclosed, in any manner
whatsoever, the specific terms and conditions of this Agreement or any comment relating
to the Project or the Site. Notwithstanding the foregoing, Contractor will be entitled to
disclose the terms of the Agreement to the extent required by law or in the course of
enforcing or defending a claim or action hereunder. Contractor must give City reasonably
prompt notice of any disclosure or statement made pursuant to this provision.
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14.20 DATA CONFIDENTIALITY
14.20.1 As used in the Agreement, “data” means all information, whether written or verbal, including
plans, specifications, renderings, photographs, studies, investigations, audits, analyses,
samples, reports, calculations, internal memos, meeting minutes, data field notes, work
product, proposals, correspondence and any other similar documents or information
prepared by, obtained by, or transmitted to the City in the performance of this Agreement.
14.20.2 Contractor agrees that all data, regardless of form, including originals, images, and
reproductions, prepared by, obtained by, or transmitted to City in connection with the
Contractor’s performance of this Agreement is confidential and proprietary information
belonging to City.
14.20.3 Except as specifically provided in this Agreement, Contractor or its Subcontractors must not
divulge data to any third party without prior written consent of City. Contractor or its
Subcontractors must not use data for any purposes except to perform Work required under
this Agreement. These prohibitions will not apply to the following data provided Contractor
has first given the required notice to City:
a. Data which was known to Contractor or its Subcontractors prior to its
performance under this Agreement unless such data was acquired in
connection with Work performed for City;
b. Data which was acquired by Contractor or its Subcontractors in its
performance under this Agreement and which was disclosed to Contractor
or its Subcontractors by a third party, who to the best of Contractor’s or its
Subcontractor’s knowledge and belief, had the legal right to make such
disclosure and Contractor or its Subcontractors are not otherwise required
to hold such data in confidence; or
c. Data which is required to be disclosed by virtue of law, regulation, or court
order, to which the Contractor or its Subcontractors are subject.
14.20.4 In the event the Contractor or its Subcontractors are required or requested to disclose data
to a third party, or any other information to which the Contractor or its Subcontractors
became privy as a result of any other agreement with City, the Contractor must first notify
City as set forth in this Section of the request or demand for the data. The Contractor or its
Subcontractors must give City sufficient facts so that City can be given an opportunity to
first give its consent or take such action that City may deem appropriate to protect such
data or other information from disclosure.
14.20.5 Unless prohibited by law, within 10 Days after completion of services for a third party on
real or personal property owned or leased by City, the Contractor must promptly deliver, as
set forth in this Section, a copy of all data to City. All data will continue to be subject to the
confidentiality agreements of this Agreement.
14.20.6 Contractor or its Subcontractors assume all liability for maintaining the confidentiality of
the data in its possession and agree to compensate City if any of the provisions of this
Section are violated by Contractor, its employees, agents, or Subcontractors. Solely for the
purposes of seeking injunctive relief, it is agreed that a breach of this Section will be deemed
to cause irreparable harm that justified injunctive relief in court. Contractor agrees that the
requirements of this Section will be incorporated into all subcontracts entered into by
Contractor. A violation of this Section may result in immediate termination of this
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Agreement without notice.
14.21 SURVIVAL
All warranties, representations and indemnifications by Contractor must survive the
completion or termination of this Agreement.
14.22 COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that no person has been employed or retained to solicit or secure
this Agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, and that no member of City Council, or any employee of
City has any interest, financially, or otherwise, in the firm. For breach or violation of this
warrant, City will have the right to annul the Agreement without liability or at its discretion
to deduct from the Agreement Price or consideration, the full amount of such commission,
percentage, brokerage, or contingent fee.
14.23 NO WAIVER
The failure of either party to enforce any of the provisions of the Agreement Documents or
to require performance of the other party of any of the provisions hereof must not be
construed to be a waiver of such provisions, nor will it affect the validity of the Agreement
Documents or any part thereof, or the right of either party to thereafter enforce each and
every provision.
14.24 NONEXCLUSIVE REMEDIES
The remedies set forth in this Agreement are cumulative and not exclusive, and failure to
exercise any remedy (including, without limitation, any right to terminate) will not preclude
any party from exercising any other right in seeking any other remedy available to it at law
or in equity.
14.25 PROJECT COMMUNICATIONS
14.25.1 All communications concerning the performance of the Work or the Project will be provided
to the designated Project Manager and Contractor’s Representative set forth in Article 1
of the Agreement. City may change the designated Project Manager and, subject to
Section 4.4.20 of these General Conditions, Contractor may change Contractor
Representative, by written notice to the other.
14.25.2 Project communications may be exchanged by e-mail, but email communications cannot
change the terms of the Agreement or the Scope of Work, or effectuate any change that
requires a written Change Order.
14.25.3 When any provisions of the Agreement Documents requires Contractor or the Design
Professional to give written notice to City, it will be deemed to have been validly given if
delivered in person or if delivered at or sent by registered or certified mail, postage prepaid,
to the Parties indicated in Agreement Article 1, incorporated by reference.
14.25.4 When any provisions of the Agreement Documents requires City, Project Manager, or the
Design Professional to give written notice to Contractor, it will be deemed to have been
validly given if delivered in person to the person designated in the Agreement Documents
as Contractor’s Resident Superintendent, or if delivered at or sent by registered or certified
mail, postage prepaid, to Contractor at the last address in the Agreement Documents or
such substitute address which Contractor designates in writing, or to the business address
known to the giver of notice.
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14.26 DRUG FREE WORKPLACE PROGRAM
14.26.1 City has adopted a policy establishing a drug free workplace for itself and as a requirement
for Contractors doing business with City, to ensure the safety and health of employees
working on City projects.
14.26.2 Contractor must require a drug free workplace for all employees working under the
Agreement. Specifically, all employees of Contractor who are working under an
agreement with City must be notified, in writing, by Contractor that they are prohibited
from the manufacture, distribution, dispensation, possession or unlawful use of a
controlled substance in the workplace.
14.27 Failure to require a drug free workplace in accordance with the City’s policy may result
in termination of the Agreement and possible debarment form bidding on future City
projects.
SECTION 15 - PROVISIONS APPLICABLE SOLELY TO GMP AND COST-BASED AGREEMENTS,
CHANGE ORDERS, AND JOB ORDERS
15.1 ADDITIONAL DEFINITIONS
The definitions set forth in Section 2 apply to GMP and Cost-Based Agreements, Change
Orders, and Job Orders, together with the additional definitions set forth below.
Baseline Cost Model –
A breakdown and estimate of the scope of the Project developed by CM@Risk pursuant to Section 17.5
of these General Conditions.
CM@Risk or Construction Manager at Risk –
The person or firm selected by City to provide pre-construction and/or construction services as
detailed in a Construction Manager at Risk Agreement with City. In these General Conditions, the
term “Contractor” includes CM@Risk under both Pre-Construction and Construction Services
Agreements.
CM@Risk Fee or Contractor’s Fee –
An agreed to percentage in an accepted GMP that represents the Contractor’s fee for performance of
the Work.
Agreement Documents –
Where compensation under the Agreement is based upon a GMP accepted by City, the term
“Agreement Documents” also includes the accepted GMP Proposal.
Agreement Price –
Where compensation under the Agreement based upon a GMP accepted by City, the term
“Agreement Price” refers to the GMP.
Cost-Based Agreement, Change Order, or Job Order –
A Agreement, Change Order, or Job Order where the Agreement Price is based upon the actual
cost of performing the Work, subject to the terms of the Agreement Documents, including this
Section 15. These would include those generally referred to as “Cost of the Work plus a Fee with
a GMP,” “Time and Materials,” or “Cost Plus a Fee.”
Cost of the Work –
The direct costs necessarily incurred by Contractor in the proper, timely, and complete performance
on the Work. The Cost of the Work will include only those costs set forth in Section 15.2 of these
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General Conditions.
Deliverables –
The work products prepared by Contractor in performing the scope of work described in the
Agreement. Some of the major deliverables to be prepared and provided by Contractor during pre-
construction may include but are not limited to: the Baseline Cost Model and Schedule that validate
City’s plan and budget, Construction Management Plan, Detailed Project Schedule, Schedule of Values,
alternative system evaluations, procurement strategies and plans, Detailed Cost Estimates,
construction market surveys, cash flow projections, GMP Proposals, Subcontractor procurement plan,
Subcontractor agreements, Subcontractor bid packages, Supplier agreements, Constructability
Review, Cost Control Log, Traffic control and phasing plans and others as indicated in this Agreement
or required by the Project Team.
Pre-Construction Services Agreement –
The Agreement entered into between City and the CM@Risk for Pre-Construction Services to be
provided by the CM@Risk, including, without limitation, the generation of a GMP Proposal. If the GMP
Proposal is accepted by City and a Construction Agreement is entered into between City and CM@Risk,
the duties, obligations and warranties of the CM@Risk under the Pre-Construction Services
Agreement survive and are incorporated into the resulting Construction Agreement.
Pre-Construction Services –
The services to be provided under the Pre-Construction Services Agreement, including Section 17 of
these General Conditions.
Detailed Project Schedule –
The Detailed Project Schedule developed by the CM@Risk for the review and approval of the Project
Manager in accordance with Section 17.3 of these General Conditions, if applicable.
General Conditions Costs –
Those costs set forth in Section 4 of Appendix 9 to these General Conditions.
GMP Plans and Specifications –
The plan and specifications upon which the Guaranteed Maximum price Proposal is based.
GMP Proposal –
The proposal of Contractor submitted pursuant to Section 17.7 of these General Conditions for the
entire Work and/or portion (phases) of the Work.
Guaranteed Maximum Price or GMP –
The Guaranteed Maximum Price set forth in the Agreement, Change Order, or Job Order if applicable.
15.2 AGREEMENT PRICE
15.2.1 The Agreement Price for all Agreements, Change Orders, and Job Orders based upon
payment of the Cost of the Work plus a Fee with a GMP, time and materials, or cost-plus a
fee will be the Cost of the Work incurred plus the Fee agreed to in writing by City, limited to
the amount of the GMP, if agreed to. Unless otherwise expressly provided in the Agreement,
Change Order, or Job Order, all Cost Based pricing will be subject to and limited to GMP.
15.2.2 The Agreement Price may only be changed as set forth in Section 9 above.
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15.2.3 Only costs specifically designated as reimbursable costs are eligible for payment by City or
may be charged against the Agreement Price. All other costs will not be paid by City and will
not be chargeable against the Agreement Price.
15.2.4 Cost-Based Agreements. For Agreements, Change Orders, or Job Orders, reimbursable
costs must be determined pursuant to Appendix 9 to these General Conditions, Cost of the
Work, and not by MAG Specifications §109.5.
15.3 ALLOWANCES
15.3.1 Contractor must include in the Agreement Price all Allowances stated in the Agreement
Documents and agreed to in writing by City. Items covered by these Allowances must be
supplied for such amounts and by such persons as City may direct, provided Contractor will
not be required to employ persons against whom Contractor makes a reasonable objection.
Materials, labor, and equipment under an Allowance will be selected by City in accordance
with a schedule to be mutually agreed upon by City, Design Professional and Contractor or
otherwise in reasonably sufficient time to avoid delay in the Work.
15.3.2 Unless otherwise provided in the Agreement Documents:
15.3.2.1 These Allowances must cover the cost to Contractor, less any applicable trade discount, of
the materials, labor, and equipment required by the Allowances, delivered at the Site, and
all applicable taxes;
15.3.2.2 Contractor’s costs for unloading and handling on the Site, labor, installation costs, overhead,
profit and other expenses relating to materials, labor, and equipment required by the
Allowance must be included in the Agreement Sum and not in the Allowance; and
15.3.2.3 Whenever the cost is more or less than the Allowance, the Agreement Sum must be
adjusted accordingly by Change Order, the amount of which will recognize the difference
between actual costs for an Allowance item and the amount of the Allowance item and
changes, if any, in handling costs on the Site, labor, installation costs, overhead, profit and
other expenses.
15.4 CONTINGENCY
An agreed to amount in the GMP that may only be used in accordance with the terms set
forth in these General Conditions and with prior written approval by the City.
15.4.1 Construction Contingency. This GMP includes a dollar amount listed as a Construction
Contingency which will be readily available for increased costs for subcontractors, material,
and equipment subject to prior approval of City, which approval will not be withheld
unreasonably. The Construction Contingency may also be used, at the discretion of City, to
reimburse CM@Risk for unexpected costs due to (a) scope gaps between trade
subcontractors; (b) agreement default by trade subcontractors; (c) unforeseen field
conditions, but only as defined in Section 9.5 above; (d) work completed to meet the intent
of the design, but which was not indicated on the plans; (e) costs overruns not covered by
allowances; (f) costs of corrective work not provided for elsewhere; and (g) implementation
of any Recovery Plan. Cost for which CM@Risk desires to be paid from the Construction
Contingency must be documented by CM@Risk on a time and materials basis and are
subject to verification by City. If agreed to by City, a “Use of Contingency” form will be
executed by both parties authorizing the actual cost of the work to be paid and included in
the Work Item Direct Costs. The Construction Contingency is not allocated to any particular
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item of the Project but may be used for any portion of the work as determined above. Any
amount not used in the Construction Contingency will belong to City and will reduce the
GMP.
15.4.2 Owner’s Contingency. This GMP also includes a dollar amount listed as an Owner’s
Contingency which may be used only by the City (owner department) for upgrades and
changes in scope or other changes not already included within the intent of the Project
Program. City will provide CM@Risk with a Work Change Directive authorizing CM@Risk to
perform the additional work and to transfer funds from the Owner’s Contingency to the
Work Item Direct Costs category to be paid with such direct costs. These additional costs
will be in an amount mutually agreed upon by CM@Risk and City or will be documented by
CM@Risk on a time and materials basis and are subject to verification by City. Any amount
not used in the Owner’s Contingency will belong to the City and will reduce the GMP.
15.5 REDUCTION IN RETENTION
If the Agreement Price is based upon a GMP, in order to receive payment of one-half of the
retention as set forth in Section 8.1.5 above, Contractor must also submit to the Project
Manager a complete accounting of the Actual Reimbursable Cost of the Work to date,
including all such documentation (including, without limitation, invoices, subcontract,
subcontractor change orders, purchase orders, records of payment, etc.) as City may require,
to establish whether the payments made to Contractor equal, exceed, or are less than the
actual reimbursable Cost of the Work to date. Any excess payments by City, as determined
by the Project Manager, will be deducted from the one-half retention payment to be made
to Contractor, and any additional excess amounts paid to Contractor will be refunded by
Contractor to City. The Project Manager’s determinations as to Actual Reimbursable Cost
of the Work will be the basis of payment until final Project Closeout and Final Payment
under the Agreement.
15.6 FINAL PAYMENT
If the Agreement Price is based upon a GMP, as a further condition precedent to Final
Payment by City, Contractor must submit to the Project Manager a complete final
accounting of the Actual Reimbursable Cost of the Work, including all such documentation
(including, without limitation, invoices, subcontracts, subcontractor change orders,
purchase orders, records of payment, etc.) as City may require, to establish whether the
payments made to Contractor equal, exceed, or are less than the Actual Reimbursable Cost
of the Work to date. Any excess payments by City, as determined by the Project Manager,
will be deducted from the one-half retention payment to be made to Contractor, and any
additional excess amounts paid to Contractor will be refunded by Contractor to City.
Disputes relating to the Final Cost of the Work will be subject to City’s audit rights under
Sections 8.8 above and 15.7 below, and the dispute resolution process under Section 13
above.
15.7 OPEN BOOK
On any GMP-based or Cost-Based Agreement, Job Order, or Change Order, City may attend
any and all meetings or discussions pertaining to the Project, including bid openings, and
must have access to all books, invoices, accounts, memoranda, correspondence, and
written communications or records of any kind pertaining to the Project, including without
limitation, those stored in electronic format.
15.8 DIFFERING SITE CONDITIONS AND/OR CHANGE IN LAWS
A Change Order for increased costs under Section 9.5 or 9.6 above will only be considered
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or granted by City to the extent such actual, documented costs are justified.
SECTION 16 - PROVISIONS APPLICABLE SOLELY TO JOB ORDER AGREEMENTS (JOC)
16.1 ADDITIONAL DEFINITIONS
The definitions set forth in Sections 2 and below will apply to all Job Order Agreements and
Job Orders. In addition, the definitions set forth in Section 15.1 above will apply to all Cost-
Based Job Orders.
Agreement –
Includes the Job Order Master Agreement and Job Order Project Agreements issued and agreed to by City
and JOC Contractor.
JOC Contractor’s Coefficient –
A numerical factor that represents JOC Contractor total costs (indirect and direct costs, sales tax,
profit, etc.) and other adjustments for market conditions.
Job Order Request for Proposal (RFP) –
The Request for Proposals issued by City for each Job Order Project Agreement relating to a specific
Project.
Job Order Cost Proposal –
The Proposal submitted by JOC Contractor in response to a Job Order Request for Proposal (RFP) issued
by City to develop a Job Order Project Agreement for a specific Project.
Guaranteed Maximum Price (GMP) Job Order –
Job Order under which JOC Contractor is compensated for actual costs incurred.
Job Order Project Agreement (Job Order) –
The agreement for a specific project, as it may be modified by all Change Orders, executed by the
Parties, which incorporates the terms and conditions of the Job Order Master Agreement.
16.2 ORDERING AND PROCESSING PROCEDURES FOR JOB ORDERS
16.2.1 The process for developing and issuing a Job Order for a particular Project consists of three
(3) procedures: (1) issuance of a RFP by City; (2) JOC Contractor’s response to the RFP in the
form of JOC Contractor’s Job Order Cost Proposal; and (3) Issuance of a Job Order by City, as
set for below.
16.2.2 RFP’s For Job Orders
16.2.2.1 City will provide to JOC Contractor RFP with a Scope of Work (SOW) describing the Work to
be performed, which may include special instructions and conditions, material submittal
requirements, and, if applicable, a complete set of sketches, construction drawings and
specifications for the Job Order.
16.2.2.2 Some Job Order RFP’s will be issued by City without detailed sketches, drawing and
specifications and will rely on JOC Contractor to produce them for City review and approval
and is considered to be Pre-Construction and incidental design services included in JOC
Contractor’s overhead for GMP Job Orders. In addition JOC Contractor will not be
reimbursed for any Pre-Job Order costs, including proposal preparation, attendance during
negotiations, or site visits.
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16.2.3 JOC Contractor’s Job Order Cost Proposal
16.2.3.1 JOC Contractor must respond within ten (10) calendar days of the RFP date or site visit,
whichever is later or as otherwise indicated on a case-by-case basis, by submitting JOC
Contractor’s Job Order Cost Proposal to the City representative.
16.2.3.2 Unless otherwise required under the terms of the RFP, JOC Contractor’s Job Order Cost
Proposal must include the following.
a. JOC Contractor’s Job Order Cost Proposal in PDF and electronic format;
b. A Project Schedule and schedule of values that reflects the costs of each work
element on the schedule. The schedule must show all milestones (e.g.,
permits, submittals, ordering materials, demolition, work phases, closeout
and completion date); and
c. Necessary documentation will be required to indicate that adequate scoping,
layout, setup and planning to accomplish the Work has been done.
Examples of documentation that might reasonably be expected include
sketches, drawings, calculations, catalog cuts and specifications produced
to a level of detail and skill that could be expected of experienced,
competent Project Managers with five or more periods experience in their
respective trade.
16.2.3.3 JOC Contractor must select Subcontractors based on qualifications alone or on a
combination of qualifications and price and must not select Subcontractors based on
price alone. A qualifications and price selection may be a one-step selection based on
a combination of qualifications and price or two-step selection. In a two-step selection,
the first step must be based on qualifications alone and the second step may be based or
a combination of qualifications and price or on price alone.
16.2.3.4 Upon request, JOC Contractor must provide City with copies of Subcontractor quotes and
the basis for selection of each Subcontractor.
16.2.3.5 If City objects to a selected Subcontractor, City will make the objection and the reasons for
the objection known to the JOC Contractor. JOC Contractor must then present an
acceptable Subcontractor for the applicable discipline. City will not unreasonably object
to or withhold approval of a Subcontractor.
16.2.3.6 For self-performed work, the City retains the right to have the JOC Contractor establish JOC
Contractor’s costs by bidding their costs against at least three (3) other interested trade
Contractors. No self- performed work will be allowed to be performed on a lump sum basis.
16.2.4 Issuance of Job Order
16.2.4.1 City Representative will compare the JOC Contractor’s Job Order Cost Proposal with the City’s
estimate, schedules and other requirements, and then, if the City Representative
determines it is in the best interest of City, arrange a meeting with JOC Contractor, at which
time the JOC Contractor’s Job Order Cost Proposal will be discussed and negotiated.
16.2.4.2 If the City Representative determines that it is in the best interest of the City, City will then
issue a Job Order to JOC Contractor for execution.
16.2.4.3 Specific Job Orders may vary, but unless agreed to by City in writing otherwise, the content
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of Job Orders under the Agreement will generally be as follow, all of which will be signed
and/or initialed by JOC Contractor’s designated representative:
a. The description of the Scope of the Work and Project Schedule (attached as
Exhibit A to the Job Order);
b. The address or location of the Work;
c. The Agreement Price for Work (Construction) included in the Project
(attached as Exhibit B to the Job Order);
d. The name of the JOC Contractor representative for the Project;
e. The Drawings and Specifications for the Project;
f. If any shop drawings, project date and/or samples are required for the Job
Order, the date for delivery of each required item (included in the Project
Schedule, Exhibit A to the Job order); and
g. Project Specific Provisions, if any, in Exhibit A to the Job Order,
including, without limitation, whether any of the following are required:
Pre-Construction Conference, weekly progress meetings, field office,
storage enclosure, materials and equipment handling facility, submittals,
shop drawings, product data, equipment list, samples, project manual,
schedule of values, Construction progress schedule, narrative reports,
progress report, progress charts, progress photographs, materials status
report, Construction diagram, Construction status report, operation and
maintenance data, operating maintenance instructions and parts list, and
as-build drawings.
16.2.5 Job Order Intent. Each Job Order will be interpreted to include all items reasonably
necessary to complete the Project under that Job Order as described in the scope of the
Work in that Job Order. All Work must be performed in a professional manner and all
materials used must be new and of the highest quality and of the type best adapted to
their purpose, unless otherwise specified. The Notice to Proceed date, and the award date
established therein, will be deemed an integral part of the Job Order the same as if set forth
therein.
16.3 INCIDENTAL DESIGN SERVICES
16.3.1 This effort includes all “extensions of design” for systems that are typically specified in
a performance oriented manner by consultants and designers. Examples include: fire
sprinkler systems, fire alarm and sprinkler systems, DDC controls, control systems,
prefabricated metal building and similar situations. These designs are normally provided
under submittals as a shop drawing with engineering backup and as appropriate, seals of
registered engineers specializing in the particular system.
16.3.2 Incidental design includes all documents, sketches, schematic diagrams, floor plan
layouts, equipment schedules and other documents produced by the JOC Contractor to
define the work required for projects that the City does not develop formal or abbreviated
designs requiring a seal by a registered engineer. Incidental design does not include
preparation of designs requiring an architect or engineer seal.
16.3.3 JOC Contractor represents, covenants, and agrees, and contractually assumes the
obligation to furnish, all of the required Design Services through properly licensed and
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experienced Design Professionals in complete accordance with all of the duties imposed
on a Design Professional under the Agreement Documents, Laws, Regulations, or Legal
Requirements, and the common law.
16.3.4 All Design Documents (and all other Project-related documents, models, computer
drawings and other electronic expression, photographs and other expressions CADD, and
BIM files and images included) that JOC Contractor and/or JOC Contractor’s Design
Professional(s) prepare in connection with a Job Order and the copyrights therein
(collectively, the “Instruments of Service”) will be the property of City. JOC Contractor
covenants and agrees to execute any additional document reasonably requested by City
to confirm such assignment without any additional compensation.
16.4 CONSTRUCTION SERVICES
16.4.1 The following subsections of this Section 16.4 set forth requirements beyond those set forth
in Section 4 above which apply to Construction Services performed under a Job Order.
16.4.2 JOC Contractor must perform the Work using only those firms, team members and
individuals designated by JOC Contractor consistent with each Job Order or otherwise
approved by City pursuant to the General Conditions. No other entities or individuals may
be used without the prior written approval of the Project Manager.
16.4.3 Construction Phasing
16.4.3.1 City use of the facilities is anticipated while the Work is being performed. The Work must
be planned and accomplished so that there will be a minimum of interference and
inconvenience to occupants in the building and agencies in the vicinity and to other
craftsmen who may have to do work in the affected facilities. Any blockage of building
exits or driveways must be coordinated in advance.
16.4.3.2 If applicable, furniture, portable office equipment and wall appurtenances not rigidly
fastened to the walls must be moved by JOC Contractor, protected from damage and
replaced to the original position upon completion of the work. If the work required by
the Job Order will not allow furniture and portable office equipment to be replaced to its
original position, new locations will be designated by City. Incidental costs associated with
moving one-piece furnishings up to approximately 150 pounds to perform such tasks as
painting, carpet or tile replacement, etc., are considered a general cost of building
renovation and must be included in the JOC Contractor’s Coefficient. Costs for large scale
or wholesale removal and replacement of large quantities of desks or modular
workstations, copiers, multiple full file cabinets, etc. to another location or storage outside
the work space, or disassembly and reassembly of modular furniture is not considered
part of the JOC Contractor’s Coefficient and will be priced separately.
16.4.3.3 The work must, so far as practicable, be done in definite sections or divisions and confined
to limited areas which must be completed before work in other sections or divisions are
begun.
16.4.4 Work Site Conflicts. In the event of a conflict between JOC Contractor and others in an
occupied facility or where other Contractors are performing work on the same facility
under other Agreements, City will decide to dispute and that decision will be final.
16.4.5 Ownership of Work Product. Work Product prepared or otherwise created in connection
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with the performance of this Agreement, including the Work, are to be and remain the
property of City. For purposes of this provision, “Work Product” will include all designs,
drawings, plans, specifications, ideas, renderings and other information or matter, in
whatever form created (e.g., electronic or printed) and in all media now known or
hereinafter created. All Work Product will be considered Work Made for Hire as defined
in the United States Copyright Act 17 U.S.C. §101 (Copyright Act). If for any reason any such
Work is found not to be a work for hire, JOC Contractor hereby transfers and assigns
ownership of the copyright in such Work to City. The rights in this Section are exclusive to
City in perpetuity.
16.5 OPTIONAL LIQUIDATED DAMAGES
16.5.1 Specific Job Orders. City will have the right to assess liquidated damages in relation to
any specific JOC Project Agreement as set forth below.
16.5.2 Substantial Completion Liquidated Damages. JOC Contractor acknowledges and agrees
that if JOC Contractor fails to obtain Substantial Completion of the Work within the
Agreement Time, City will sustain extensive damages and serious loss as a result of such
failure. The exact amount of such damages will be extremely difficult to ascertain.
Therefore, City and JOC Contractor agree that if JOC Contractor fails to achieve Substantial
Completion of the Work within the Agreement Time, City will be entitled to retain or
recover from JOC Contractor, as liquidated damages and not as a penalty, the sum per
calendar day as indicated in MAG § 108.9.
16.5.3 Final Acceptance Liquidated Damages. For the same reasons set forth in Section 16.5.2
above, City and JOC Contractor further agree that if JOC Contractor fails to achieve Final
Acceptance of the Work within the Agreement Time, City will be entitled to retain or recover
from JOC Contractor, as liquidated damages and not as a penalty, the sum per calendar
day as indicated in MAG § 108.9 commencing from the actual date of Substantial
Completion or Final Acceptance as required under any specific JOC Project Agreement.
16.5.4 MAG Liquidated Damages. Liquidated damages provisions in MAG § 108.9 may apply to any
specific JOC Project Agreement.
16.5.5 City may deduct liquidated damages assessed pursuant to this Section 16.5 from any
unpaid amounts then or thereafter due JOC Contractor under the Agreement or any
specific JOC Project Agreement between JOC Contractor and City. Any liquidated damages
not so deducted from any unpaid amounts due JOC Contractor must be payable to City
at the demand of City, together with interest from the date of the demand at the highest
lawful rate of interest payable to JOC Contractor.
16.6 PERFORMANCE MEASUREMENT
16.6.1 Performance Assessment. After the Final Acceptance of Work under each Job Order, City
will complete a written evaluation of the performance of JOC Contractor on the Job Order.
16.6.2 Consideration in Assignment of Work. JOC Contractor’s record of cost, schedule and
quality performance and comparative assessments will be significant considerations in
City’s determination whether to award future Job Orders. JOC Contractor agrees that any
determination by City not to not award future Job Orders or Option periods based on
performance will be at the sole discretion of City.
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SECTION 17 - PROVISIONS APPLICABLE SOLELY TO PRE-CONSTRUCTION SERVICES FOR
CONSTRUCTION MANAGER AT RISK
17.1 ADDITIONAL DEFINITIONS
The definitions set forth in Section 2 and 15.1 above will apply to all Pre-Construction
Services Agreements.
17.2 GENERAL
17.2.1 CM@Risk must perform the Services required by, and in accordance with the Agreement
Documents and as outlined in Exhibit A of the Agreement to the satisfaction of the
Project Manager, exercising the degree of care, skill, diligence and judgment a professional
construction manager experienced in the performance of such services for construction
and/or facilities of similar scope, function, size, quality, complexity and detail to the
Project in urban areas throughout the United States, would exercise at such time, under
similar conditions. CM@Risk must, at all times, perform the required services consistent
with sound and generally accepted engineering principles and construction management
and construction contracting practices.
17.2.2 As a participating member of the Project Team, CM@Risk must provide to City and Design
Professional a written evaluation of City’s Project Program and budget, each in terms of
the other, with recommendations as to the appropriateness of each. CM@Risk must
prepare a Baseline Cost Model that validates City’s budget. The Baseline Cost Model must
include all assumptions and basis of estimates in enough detail so that the Project Team
can compare future detail estimates to the Baseline Cost model for variances. City and
Design Professional will provide all the reasonably required data that is available in
order to reach agreement between the team members that the Baseline Cost Model is an
accurate projection of the costs of the Project.
17.2.3 CM@Risk must attend Project Team meetings, which may include, but are not limited to,
bi- weekly Project management meetings, Project workshops, special Project meetings,
construction document rolling reviews, public meetings and partnering sessions. CM@Risk
attendance at design or other meetings in which CM@Risk is provided the opportunity but
does not actively participate and/or is not properly prepared is not acceptable. Repeated
instances of non-participation and/or lack of preparedness will be grounds for termination
of CM@Risk Agreement for default.
17.2.4 CM@Risk must provide Pre-Construction Services, described herein, in a timely manner
and consistent with the intent of the most current Drawings and Specifications. CM@Risk
must promptly notify City in writing whenever CM@Risk determines any Drawings or
Specifications are inappropriate for the Project and/or cause changes in the scope of Work
that deviates more than the allowed contingencies within the Baseline Cost Model or
requires an adjustment in the Baseline Cost Model, Detailed Cost Estimate, Detailed
Project Schedule, GMP Proposals and/or in the Agreement Time for the Work, to the extent
such as established.
17.2.5 CM@Risk when requested by City, must attend, make presentations and participate as may
be appropriate in public agency and or community meetings, relevant to the Project.
CM@Risk must provide drawings, schedule diagrams, budget charges and other materials
describing the Project when their use is required or appropriate in any such public agency
meetings.
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17.2.6 Ownership of Work Product. All Work Product prepared or otherwise created in connection
with the performance of this Agreement, including the Work, are to be and remain the
property of City. For purposes of this provision, “Work Product” will include all designs,
drawings, plans, specifications, ideas, renderings and other information or material, in
whatever form created (e.g., electronic or printed) and in all media now know or hereinafter
created. All Work Product will be considered Work Made for Hire as defined in the United
States Copyright Act 17 U.S.C.
§101 (Copyright Act). If for any reason any such Work is found not to be a work for
hire, Contractor hereby transfers and assigns ownership of the copyright in such Work to
City. The rights in this Section are exclusive to City in perpetuity.
17.2.7 CM@Risk represents to City in completing Pre-Construction Services and providing the
reports and analysis required thereunder, that Work can be properly and timely
constructed within the GMP Proposal, if accepted. CM@Risk does not assume any design
responsibilities unless specifically called for in the scope of work, but CM@Risk will be
responsible for their errors, omissions or inconsistencies included in the Work.
17.3 DETAILED PROJECT SCHEDULE
17.3.1 The fundamental purpose of the Detailed Project Schedule is to identify, coordinate and
record the tasks and activities to be performed by all of the Project Team members and
then for the Project Team to utilize that Deliverable as a basis for managing and
monitoring all member’s compliance with the schedule requirements of the Project.
Each Project Team member is responsible for its compliance with the Detailed Project
Schedule requirements. CM@Risk must, however, develop and maintain the Detailed
Project Schedule on behalf of and to be used by the Project Team based on input from the
other Project Team members. The Baseline Project Schedule must be developed as part
of the Baseline Cost Model. The Detailed Project Schedule must use the Critical Path
method (“CPM”) technique, unless required otherwise, in writing by City. CM@Risk must
use scheduling software acceptable to City to develop the Detailed Project Schedule.
The Detailed Project Schedule must be presented in graphical and tabular reports as
agreed upon by the Project Team. If Project phasing as described below is required, the
Detailed Project Schedule must indicate milestone dates for the phases once
determined. As part of construction phase, City may require CM@Risk to prepare a
“resource loaded” schedule for all work, including work performed by Subcontractors,
detailing each of the project tasks and the required/anticipated number of personnel per
day for each task. CM@Risk must also indicate on the schedule its ability to meet said
required/anticipated personnel requirements.
17.3.2 CM@Risk must include and integrate in the Detailed Project Schedule the services and
activities required of City, Design Professional and CM@Risk including all construction
phase activities based on the input received from City and the Design Professional.
The Detailed Project Schedule must define activities as determined by City to the extent
required to show: (a) the coordination between preliminary design and various pre-
construction documents, (b) any separate long-lead procurements, (c) any permitting
issues, (d) any land, right-of-way, or easement acquisition, (e) bid packaging strategy and
awards to Subcontractors and Suppliers, (f) major stages of construction, (g) start-up and
commissioning, and (h) occupancy of the completed Work by City. The Detailed Project
Schedule must include by example and not limitation, proposed activity sequences and
durations for design, procurement, construction and testing activities, milestone dates for
actions and decisions by the Project Team, preparation and processing of shop drawings
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and samples, delivery of materials or equipment requiring long-lead time procurement (if
any), milestone dates for various construction phases, Total Float for all activities to the
extent authorized by City, relationships between the activities, City’s occupancy
requirements showing portions of the Project having occupancy priority, and proposed
dates for Final Acceptance.
17.3.3 A Baseline Project Schedule must be initiated with the project Baseline Cost Model and
agreed to by the project team at the same time. CM@Risk must update and maintain a
detailed Project Schedule throughout pre-construction such that it will not require major
changes at the start of the construction phase to incorporate CM@Risk’s plan for the
performance of the construction phase Work. CM@Risk must provide updates and/or
revisions to the Detailed Project Schedule for use by the Project Team, whenever required,
but no less often than at the Project Team meetings. CM@Risk must include with such
submittals a narrative describing its analysis of the progress achieved to-date vs. the
Baseline Project Schedule, including any concerns regarding delays or potential delays, and
any recommendations regarding mitigating actions.
17.3.4 If phased construction is deemed appropriate at the time of developing the Baseline Cost
Model or during the development of the Detailed Project Schedule, and City approves,
CM@Risk must review the design and make recommendations regarding the phased
issuance of Construction Documents to facilitate phased construction of the Work, with
the objective of reducing the Project Schedule and/or Cost of the Work. CM@Risk must take
into consideration such factors as natural and practical lines of work severability,
sequencing effectiveness, access and availability constraints, total time for completion,
construction market conditions, labor and materials availability, and any other factors
pertinent to saving time and cost.
17.3.5 Long Lead Time Items. As part of developing the Detailed Project Schedule, CM@Risk must
identify all long lead time materials, fabrications, equipment, or other items which may
impact the Project Schedule and may require early action on the part of the Project Team.
Dates for selecting and ordering long lead time items will be included and highlighted
in the Detailed Project Schedule
17.3.6 Equipment Plan. Contractor must develop an Equipment Plan that addresses all rental
and owned equipment, regardless of whether such equipment will be provided by
CM@Risk or subcontractor(s), that will be necessary to construct the Project and the cost
of which will be included as a Cost of the Work in the GMP Proposal. The Equipment Plan
will seek to minimize the cost of the equipment to City and maximize the efficient and
coordinated use of the equipment for completion of the Project. The Equipment Plan will
not only include the costs and allowable lease rates for the equipment, but will also include
an equipment schedule that will be incorporated into the Detailed Project Schedule and the
Schedule of Values submitted with the GMP Proposal.
17.4 DESIGN DOCUMENT REVIEWS
17.4.1 CM@Risk must evaluate periodically the availability of labor, materials/equipment, cost-
sensitive aspects of the design; and other factors that may create an unacceptable variance
to the Baseline Cost Model and/or Baseline Project Schedule.
17.4.2 CM@Risk must recommend, in conjunction with the Project Team, those additional surface
and subsurface investigations that, in its professional opinion, are required to provide the
necessary information for CM@Risk to construct the Project. These additional
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investigations, if agreed to be necessary by the Project Manager and the Design
Professional, will be acquired by City and copies of the reports will be provided to CM@Risk.
17.4.3 CM@Risk must meet with the Project Team as required to review designs during their
development. CM@Risk must familiarize itself with the evolving documents through
pre- construction. CM@Risk must proactively advise the Project Team and make
recommendations on factors related to construction costs, and concerns pertaining to the
feasibility and practicality of any proposed means and methods, selected materials,
equipment and building systems, and, labor and material availability. CM@Risk must
furthermore advise the Project Team on proposed site improvements, excavation and
foundation considerations, as well as, concerns that exist with respect to coordination of
the Drawings and Specifications. CM@Risk must use established value analysis principles
in recommending cost effective alternatives.
17.4.4 CM@Risk must routinely conduct constructability and bid-ability reviews of the Drawings
and Specifications as necessary to satisfy the needs of the Project Team. The reviews must
attempt to identify all discrepancies and inconsistencies in the Construction Documents
especially those related to clarity, consistency, completeness and coordination of Work of
Subcontractors and Suppliers.
17.4.4.1 CM@Risk must evaluate whether: (a) the Drawings and Specifications are configured to
enable efficient construction; (b) design elements are standardized; (c) construction
efficiency is properly considered in the Drawings and Specifications; (d)
module/preassembly design is prepared to facilitate fabrication, transport and installation;
(e) sequences of Work required by or inferable from the Drawings and Specifications are
practicable; (f) the design has taken into consideration efficiency issues concerning access
and entrance to the site, laydown and storage of materials, staging of site facilities,
construction parking, and other similar pertinent issues; and (g) the design maintains
continued operation of the existing City systems and maintains traffic on adjacent
roadways. CM@Risk must also review the Drawings and Specifications to ensure that what
is depicted therein can be constructed as designed and must promptly inform the Project
Team of any issues.
17.4.4.2 CM@Risk must check cross-reference and complementary Drawings and sections within
the Specifications and in general evaluate whether: (a) the Drawings and Specifications
are sufficiently clear and detailed to minimize ambiguity and to reduce scope interpretation
discrepancies; (b) named materials and equipment are commercially available and are
performing well, or otherwise, in similar installations; (c) Specifications include alternatives
in the event a requirement cannot be met in the field; and (d) in its professional opinion, the
Project is likely to be subject to Differing Site Conditions.
17.4.4.3 The results of the reviews must be provided to Project Team in formal, written reports
clearly identifying all reviewed documents and the discovered discrepancies and
inconsistencies in the Drawings and Specifications with notations and recommendations
made on the Drawings, Specifications and other documents. CM@Risk must meet with
Project Team to discuss any findings and review reports.
17.4.4.4 CM@Risk’s reviews must be from a Contractor’s perspective, and though it will serve to
eliminate/reduce the number of RFIs) and changes during the construction phase,
responsibility for the Drawings and Specifications will remain with the Design Professional
and not CM@Risk.
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17.4.5 It is CM@Risk’s responsibility to assist the Design Professional in ascertaining that, in
CM@Risk’s professional opinion, the Construction Documents are in accordance with
applicable Laws, Regulations, or Legal Requirements, building codes, sound engineering
principle’s rules and regulations. If CM@Risk recognizes that portions of the Construction
Documents are at variance with applicable laws, statutes, ordinances, building codes,
sound engineering principle’s rules and regulations, it must promptly notify the Project Team
in writing, describing the apparent variance of deficiency. However, the Design Professional
is ultimately responsible for the compliance of the Drawings and Specifications with those
laws, statutes, ordinances, building codes, rules and regulations.
17.4.6 The Project Team will routinely identify and evaluate using value analysis principles and
alternate systems, approaches, design changes that have the potential to reduce Project
costs while still delivering a high quality and fully functional Project consistent with
the Project Program. If the Project Team agrees, CM@Risk in cooperation with the Design
Professional, will perform a cost/benefit analysis of the alternatives and submit such in
writing to the Project Team. City, through the Project Manager, will direct which alternatives
will be incorporated into the Project. The Design Professional will have full design
responsibility for the review and incorporation of CM@Risk suggested alternatives into
the Drawings and Specifications. CM@Risk must analyze the costs and schedule impacts of
the alternatives against the Baseline Cost Model and Schedule and provide a
recommendation for the Project Team’s consideration and City’s approval prior to the
establishment of the GMP.
17.5 BASELINE COSTS MODEL, DETAILED COST ESTIMATES, AND SCHEDULE OF VALUES
17.5.1 At the conclusion of the Master Planning and Programming, if required, CM@Risk will
review all available information regarding the design and scope of the Project using
CM@Risk’s experience in performing similar work, knowledge of similar projects and
current and projected construction costs and, based upon that review, must develop a
Baseline Cost Model for review by the Project Team and approval by City. Once approved
by City, the Baseline Cost Model will be continually referenced as detailed estimates are
created as the design progresses throughout Pre-Construction until the final GMP for the
entire Project is established. A final GMP for the entire Project must be established and
approved by City prior to the start of construction. It is the responsibility of CM@Risk
to ensure City has sufficient information to evaluate and approve a final GMP prior to
the time necessary to start construction so construction can be completed within the
Agreement Time. The Project Detailed Cost Estimate will be the best representation from
CM@Risk of what the complete functional Project’s construction costs will be as indicated
by the most current available documents and will be constantly checked against the
Baseline Cost Model. CM@Risk must communicate to the Project Team and assumptions
made in preparing the Baseline Cost Model. The Baseline Cost Model must support
CM@Risk’s Detailed Cost Estimates and may be broken down initially as dictated by the
available information, as required by City.
17.5.2 After receipt of the Design Professional’s most current documents from certain specified
pre- construction milestones, CM@Risk must provide a draft Detailed Cost Estimate
including a detailed written report detailing any variances to the Baseline Cost Model and
Baseline Project Schedule. The Design Professional and CM@Risk will reconcile any
disagreements on the estimate to arrive at an agreed upon Detailed Cost Estimate for the
construction costs based on the scope of the Project through that specified pre-
construction milestone. Pre-Construction milestones applicable to this paragraph are:
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Master Planning and Programming, Schematic Design, 50% Design Development, 100%
Design Development, and 50% Construction Drawings, If no consensus is reached, City will
make the final determination. If the Project Team requires additional updates of the
Detailed Cost Estimate beyond that specified in this paragraph, CM@Risk must provide the
requested information in a timely manner.
17.5.3 If at any point the Detailed Cost Estimate submitted to City exceeds the previously
accepted Baseline Cost Model or previously approved Detailed Cost Estimate agreed to as
set forth in Section 17.5.2 above, CM@Risk must make appropriate recommendations to
project Team on means/methods, materials, and or other design elements that it
believes will reduce the estimated construction costs, such that it is equal to or less than
the established Project Team’s Baseline Cost Model.
17.5.4 Unless other levels of completion are agreed to in writing in the Construction Documents,
at 50% Construction Drawings and included with the associated report, CM@Risk must
also submit to the Project Team for review and approval a Schedule of Values that complies
with the following requirements. The Schedule of Values must be based on City standard
bid schedule and highlight significant variances from any previously submitted Schedule
of Values. The Schedule of Values must be directly related to the breakdowns reflected in
the Detailed Project Schedule and CM@Risk’s Detailed Cost Estimate. In addition, the
Schedule of Values must: (a) detail unit prices and quantity take-offs, (b) detail all other
contingencies and unit price Work shown and specified in the detailed design documents.
17.5.5 CM@Risk is to track, estimate/price and address the Project Team’s overall project cost issues
that arise outside of the Baseline Cost Model and the latest approved Detailed Cost
Estimate such as: City generated changes, Project Team proposed changes, alternate
system analysis, constructability items and value engineering analysis. The system used
to implement this process will be referred to as the Design Evolution Log. This is to be
addressed between the Baseline Cost Model and the Master Planning and Programming
Detailed Cost Estimate, and then (unless other levels of completion are agreed to in writing
in the Construction Documents) between the Detailed Cost Estimates for each of the pre-
construction milestones thereafter, Schematic Design, 50% Design Development, 100%
Design Development, and 50% Construction Documents, and the bid packages for all
Phases.
17.5.6 Upon request by City, CM@Risk must submit to City a cash flow projection for the Project
based on the current updated/revised Detailed Project Schedule and the anticipated level of
payments for CM@Risk during the design and construction phases. In addition, if requested
by City and based on information provided by City, CM@Risk must prepare a cash flow
projection for the entire Project based on historical records for similar types of projects
to assist City in the financing process.
17.5.7 Construction Water. CM@Risk must estimate the quantity of water to be used and include
the cost thereof in each Detailed Cost Estimate and GMP Proposal provided by City.
17.6 SUBCONTRACTOR AND MAJOR SUPPLIER SELECTIONS
17.6.1 There are two ways to select Subcontractors and major Suppliers prior to submission of a
GMP Proposal: (1) qualifications-based selection; or (2) a combination of qualifications
and price. Except as noted below, the selection of Subcontractors/Suppliers is the sole
responsibility of CM@Risk. In any case, CM@Risk is solely responsible for the performance
of the selected Subcontractors/Suppliers, and for compliance with the requirements of
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Title 34 of the Arizona Revised Statutes in the selection of a Subcontractors/Suppliers,
to the extent applicable. CM@Risk must comply with its Subcontractor Selection Plan
submitted with its Statement of Qualifications.
17.6.2 City may approve the selection of a Subcontractor(s) or Suppliers(s) based only on their
qualifications when CM@Risk can demonstrate it is in the best interest of the Project. All
Work that is performed, after such a qualifications-based selection, for a price that is
negotiated by CM@Risk will be billed in accordance with the GMP for actual costs and may
be subject to audit by City.
17.6.2.1 Qualifications based selection of a Subcontractor(s)/Supplier(s) should only occur prior to
the submittal of the GMP Proposal.
17.6.2.2 If a Subcontractor/Supplier selection plan was submitted and agreed to by City, CM@Risk
must apply the plan in the evaluation of the qualifications of a Subcontractor(s) or
Supplier(s) and provide City with its review and recommendations.
17.6.2.3 CM@Risk must receive written City approval for each selected Subcontractor(s) and
Supplier(s).
17.6.2.4 CM@Risk must negotiate costs for services/supplies from each Subcontractor/Supplier
selected under this method.
17.6.3 All Work must be competitively bid unless a Subcontractor or Supplier was selected pursuant
to Section 17.6.2 above.
17.6.3.1 CM@Risk must develop Subcontractor and Supplier interest, submit the names of a
minimum of three qualified Subcontractors or Suppliers for each trade in the Project for
approval by City and solicit bids for the various Work categories. If there are not three
qualified Subcontractors/Suppliers available for a specific trade or there are extenuating
circumstances warranting such, CM@Risk may request approval by City to submit less
than three names. Without prior written notice to City, no change in the recommended
Subcontractors/Supplies will be allowed.
17.6.3.2 If City objects to any nominated Subcontractor/Supplier or to any self-performed Work for
good reason, CM@Risk must nominate a substitute Subcontractor/Supplier that is
acceptable to City.
17.6.3.3 CM@Risk must distribute Drawings and Specifications, and when appropriate, conduct a
Pre- Bid Conference with prospective Subcontractors and Suppliers.
17.6.3.4 If CM@Risk desires to self-perform certain portions of the Work, it must request to be one of
the approved Subcontractor bidders for those specific bid packages. CM@Risk’s bid will
be evaluated in accordance with the process identified below. If events warrant and City
concurs that it is necessary in order to ensure compliance with the Project Schedule
and/or the most recent Detailed Cost Estimate, CM@Risk may be authorized to self-
perform Work without bidding or rebidding the Work. When CM@Risk self-performs work
without bidding, only the actual costs associated with performing the Work in accordance
with the approved GMP will be billed and may be subject to audit by City.
17.6.3.5 CM@Risk must receive, open, record and evaluate the bids; provided, however, that if
CM@Risk or one of its affiliates is bidding to self-perform the Work that is the subject of the
bid, then the bids must be received, opened, recorded and evaluated by Project Manager
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instead of CM@Risk. Bids for each category of Work must be opened and recorded at a
pre-determined time. The apparent low bidders must be interviewed to determine the
responsiveness of their proposals. In evaluating the responsiveness of bid proposals
CM@Risk, in addition to bid price, may consider the following factors: past performance
on similar projects, qualifications and experience of personnel assigned, quality
management plan, approach or understanding of the Work to be performed, and
performance schedule to complete the Work. The final evaluation of
Subcontractor/Supplier bids must be done with Project Manager in attendance to observe
and witness the process. CM@Risk must resolve any Subcontractor/Supplier bid withdrawal,
protest or disqualification in connection with the award at no increase in the Cost of Work.
17.6.4 CM@Risk will be required to prepare two different reports on the subcontracting process.
17.6.4.1 Within fifteen days after each major Subcontractor/Supplier bid opening process;
CM@Risk must prepare a report for City’s review and approval identifying the
recommended Subcontractors/Supplier for each category of Work. The report must detail:
(a) the name of the recommended Subcontractor/Supplier and the amount of the
Subcontractor/Supplier bid for each sub-agreement; (b) the sum of all recommended
Subcontractor/Supplier bids received; (c) and trade work and its cost that CM@Risk intends
to self-perform, if any.
17.6.4.2 Upon completion of the Subcontractor/Supplier bidding process, CM@Risk must submit
a summary report to City of the entire Subcontractor/Supplier selection process. The report
must indicate, by bid process, all Subcontractors/Suppliers contacted to determine
interest, the Subcontractors/Suppliers solicited, the bids received and costs negotiated,
and the recommended Subcontractors/Suppliers for each category of Work.
17.6.5 The approved Subcontractors/Suppliers will provide a Schedule of Values with their bid
proposals, which will be used to create the overall Project Schedule of Values.
17.6.6 If after receipt of sub-bids or after award to Subcontractors and Suppliers, City objects to
any nominated Subcontractor/Supplier or to any self-performed Work without any
reasonable basis, CM@Risk must nominate a substitute Subcontractor or Supplier,
preferably if such option is still available, from those who submitted Subcontractor bids
for the Work affected. Once such substitute Subcontractors and Suppliers are consented
to by City, CM@Risk’s proposed GMP for the Work or portion thereof must be
correspondingly adjusted to reflect any higher or lower costs form any such substitution.
17.7 GMP PROPOSAL
17.7.1 When a GMP Proposal is submitted for a phase of the Work, the GMP will have a Detailed Cost
Estimate of the Costs of the Work (as set forth in Section 15.2) in each phase of the Work
that is being proposed plus the current estimate for all other Work. City will not approve
the GMP for the phase of work without a total estimate for the complete Project. City may
request a GMP Proposal for all or any portion of the Project and at any time during pre-
construction. Any GMP Proposals submitted by CM@Risk must be based on and consistent
with Baseline Cost Model and the current update/revised Detailed Cost Estimate at the
time of the request and include any clarifications or assumptions upon which the GMP
Proposal(s) are based.
17.7.2 A GMP Proposal for the entire Project will be the sum of the Cost of the Work, CM@Risk Fee,
and General Conditions Cost. CM@Risk guarantees to complete the Project at or less than
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General Conditions
the final GMP Proposal amount plus approved Change Orders. CM@Risk will be responsible
for any costs for expenses that would cause the Cost of the Work actually incurred,
including the Construction Fee and General Conditions Costs, to exceed the GMP.
17.7.3 CM@Risk must prepare its GMP Proposal in accordance with City’s request for GMP Proposal
requirements based on the most current completed Drawings and Specifications at that
time, which unless otherwise directed by City in writing, will be at 100% Construction
Drawings. CM@Risk must mark the face of each document of each set upon which its GMP
Proposal is based. These documents must be identified as the GMP Plans and
Specifications. CM@Risk must send one set of those documents to the Project Manager,
keep one set and return the third set to the Design Professional.
17.7.4 An updated/revised Detailed Project Schedule, Equipment Plan, and Schedule of Values
must be included in any GMP Proposal(s), all of which must reflect the GMP Plans and
Specifications the Detailed Project Schedule must be shown in relationship to the Project
Schedule and identify any variance to the Baseline Project Schedule. Any such Detailed
Project Schedule updates/revisions must continue to comply with the requirements of
Section 17.3.1 through 17.3.5.
17.7.5 GMP Proposals(s) Review and Approval
17.7.5.1 CM@Risk must meet with the Project Team to review the GMP Proposal(s) and the written
statement of its basis. In the event the Project Team discovers inconsistencies or
inaccuracies in the information presented, CM@Risk must make adjustments as
necessary to the GMP Proposal.
17.7.5.2 If during the review and negotiation of GMP Proposals design changes are required, City
may authorize and cause the Design Professional to revise the GMP Plans and Specifications
to the extent necessary to reflect the agreed-upon assumptions and clarifications contained
in the final approved GMP Proposal. Such revised GMP Plans and Specification will be
furnished to CM@Risk. CM@Risk must promptly notify the Project Team in writing if any
such revised GMP Plans and Specifications are inconsistent with the agreed upon
assumptions and clarifications.
17.7.6 All portions of or items comprising the GMP Proposal are subject to audit by City, as
deemed appropriate by City, including, without limitation, any based upon unit prices or
Work to be self- performed by CM@Risk, or its affiliates.
17.8 PAYMENT PROCEDURE FOR PRE-CONSTRUCTION SERVICES
17.8.1 Requests for monthly payments by CM@Risk for Pre-Construction Services must be
submitted monthly and must be accompanied by a progress report, detailed invoices
and receipts, if applicable. Any requests for payment must include, as a minimum, a
narrative description of the tasks accomplished during the billing period, a listing of any
Deliverables submitted, and copies of any Subconsultants’ requests for payment, plus
similar narrative and listings of Deliverables associated with their Work. Payment for
services negotiated as a lump sum will be made in accordance with the percentage of work
completed during the preceding month.
17.8.2 In no event will City pay more than seventy-five (75%) of the Agreement Price until
acceptance of ALL Pre-Construction Services and award of the final approved Construction
Services Agreement for the entire Project by City Council. If CM@Risk does not prepare a
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GMP Proposal that is acceptable to City, or the GMP Proposal exceeds the City’s
Construction Budget, then CM@Risk understands and acknowledges that it will forfeit any
right to receive the 25% of the Agreement Price being retained by City.
17.8.3 CM@Risk agrees that no charges or claims for costs or damages of any type will be made by
it for any delays or hindrances beyond the reasonable control of City during the progress of
any portion of Pre-Construction Services specified in this Agreement. Such delays or
hindrances, if any, will be solely compensated for by an extension of time for such
reasonable period and may be mutually agreed between the parties. It is understood
and agreed, however, that permitting CM@Risk to proceed to complete any such Services,
in whole or in part after the date to which the time of completion may have been extended,
will in no way act as a waiver on the part of City of any of their respective legal rights herein.
17.8.4 No compensation to CM@Risk will be allowed contrary to Article I, Chapter I, Title 34 of the
Arizona Revised Statutes.
17.8.5 If any service(s) executed by CM@Risk is abandoned or suspended in whole or in part, for
a period of more than 180 days through no fault of CM@Risk, CM@Risk is to be paid for
the services performed prior to the abandonment or suspension.
17.9 SURVIVAL OF THE DESIGN SERVICES AGREEMENT, DUTIES, OBLIGATIONS AND
WARRANTIES
If the GMP Proposal is accepted by City and a Construction Agreement is entered into
between City and CM@Risk, the duties, obligations and warranties of CM@Risk under the
Pre- Construction Services Agreement survive and are incorporated into the resulting
Construction Agreement.
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General Conditions Appendices
SECTION 15 – APPENDICES
The following Appendices attached hereto are referenced in the General Conditions and
are incorporated herein.
Appendix 1 – Policy Statement for Calculating Delays and Damages
Appendix 2 – Cost Reduction Incentive Proposals for Design Bid Build Agreements
Appendix 3 – Contractor’s Affidavit Regarding Settlement of Claims
Appendix 4 – Forms of Performance Bond
Appendix 5 – Forms of Payment Bond
Appendix 6 – Dispute Resolution
Appendix 7 – Certificate of Completion
Appendix 8 – Construction Sign Detail
Appendix 9 – Cost of the Work (Applicable solely to Construction Manager at Risk and
Job Order Contracting)
Appendix 10 Landscape Establishment Period
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Appendix 1
CALCULATING DELAYS AND DAMAGES
The purpose of this policy statement is to establish guidelines and procedures for negotiation between
the Contractor and City of Chandler relating to compensation for delays pursuant to Arizona Revised
Statutes (A.R.S.) 34-221(F). This policy statement contains notice requirements in addition to those set
forth in the Agreement Documents, and will be the Agreement Provision contemplated by that statute.
NOTE: As used herein, the term “Engineer” will refer to the City of Chandler City Engineer or
his/her designated representative. Nothing in this Policy Statement will be construed to void any
provision in the Agreement which requires timely notice of delays or provides for arbitration or
any other procedure for settlement or provides for liquidated damages.
I. TYPES OF DELAYS:
For the purposes of this document, there are essentially four types of delays encountered by
City of Chandler Construction Contractors; excusable/compensable, excusable/non-
compensable, non- excusable, and concurrent. Only delays that extend Agreement
Completion Time set forth in the Agreement Document will be considered for issues
relating to Agreement extensions or additional compensation. All other delays are
considered to be activity delays and do not entitle the Contractor to either time extensions
or additional compensation. Agreement Completion Time will be defined as the date set forth
in Maricopa Association of Governments (MAG) Uniform Standard Specification Section 101
and as may be modified by the Agreement Documents.
A. Excusable/Compensable:
These are delays caused solely by the City’s actions or inactions, are unreasonable
under the circumstances, and which were not within the contemplation of the
parties to the Agreement at or prior to the time of execution of the Agreement.
Since the Contractor presumably has no control over the events causing the delay,
he may be entitled to both Agreement time extensions and additional compensation
for delay damages. Further, he/she may be entitled to additional compensation from
the impact of that delay on other work. Examples of excusable/compensable (E/C)
delays include: failure to properly locate an underground City-owned utility within 2
feet of the actual location; failure to relocate City-owned utilities far enough in
advance of construction in an area where the Contractor is scheduled to work that
it delays start or completion of the Contractor’s regularly scheduled work; failure
to provide City-furnished equipment or materials in a timely manner if required by
the Agreement; failure to acquire necessary Right-of-Way or Public Utility Easements
prior to the Contractor beginning Work in the area; failure to timely return Shop
Drawings or other Agreement Submittals in accordance with the Agreement;
unreasonable delay by the City in making decisions which affect critical activities;
surveying errors when the City is contractually responsible for providing Project
Surveying. This list is not meant to be all inclusive, but is intended merely as examples
of the type of City action or inaction which can result in a Contractor’s claim for
additional time and compensation.
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Appendix 1
B. Excusable/Non-compensable:
These are delays over which neither the City nor the Contractor had control. Since
both parties to the Agreement have been potentially damaged by the delay, but
neither have caused it, only Time Extensions are warranted. Examples of excusable,
non-compensable (E/N) delays include: unusually severe weather; fire; acts of God;
failure of non-City owned utilities (SRP, CenturyLink, Cable TV, Southern Pacific
Railroad, and Southwest Gas, etc.) to properly or timely locate accurately; failure of
non-City owned utilities to relocate in advance of construction; the voluntary or
involuntary filing for Bankruptcy protection by a Supplier or Subcontractor which
causes the Supplier/Subcontractor to fail to meet a contractual deadline provided the
Contractor can provide documentation that he/she executed the required Purchase
Orders/Subcontract Agreements and received delivery schedules which, if met,
would have eliminated the delay; delays as a result of an incomplete shutdown of a
City or non-City owned utility main (the City does not guarantee a complete
shutdown). This list also is not necessarily all inclusive but merely indicative of type
and class of E/N delays.
C. Non-excusable/Non-compensable:
These are delays caused by the actions or inactions of Contractor or an officer,
employee, agent, Subcontractor, Supplier or any other party for whom the Contractor
is responsible. Since the Contractor has assumed responsibility for the risks
associated with the events that caused the delay, he/she are not entitled to either time
extensions or monetary delay damages. All non-excusable delays are also non-
compensable. Examples of non- excusable, non-compensable (N/N) delays include:
failure to perform by the Contractor, its Subcontractors and/or Suppliers (except as
noted in section I.B above); failure to provide adequate labor, materials, and/or
equipment on the Project; failure to perform contractually-required coordination
with utilities, agencies and other Contractors; failure to notify the Engineer, in writing,
of delay impacts within two working days, as required by MAG 104.2.3, or the next
work day, as required by MAG 109.8.2; failure to timely submit Shop Drawings; failure
to pothole or otherwise visually locate utilities sufficiently ahead of the Work to allow
the Engineer to direct corrective action when necessary; delays due to retesting of
previously failed work, re-inspection, and/or restaking resulting from faulty
workmanship, poor quality control, or lack of compliance with Agreement
Specifications. Again, this list is not necessarily all inclusive.
D. Concurrent:
When two or more delays occur simultaneously or overlap, each delay is analyzed
separately to determine its impact on the overall project completion date based on
when that delay started. Once again, only those delays which actually extend the
Agreement completion time are considered as delays. The concurrent delay is
considered an additional delay only to the extent it prolongs the delay to the
Agreement Completion Time beyond the date that the one it is concurrent with had
already delayed that date. For example, if two delays are concurrent, and one is five
days long and the second is seven days long, the second concurrent delay will only
extend the Agreement Completion Time by two days. The same method of analysis is
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used when there are multiple concurrent delays. Only those extending the Project
Completion Date are considered to be delays for the purposes of this policy. The
portion of each concurrent delay that delays the completion of the work is classified
in the same manner as described previously for individual delays and being either E/C,
E/N or N/N.
An example of a concurrent delay is where the City delays furnishing material, but
the Contractor could not have installed it anyway due to unusually severe weather. The
effect of the first delaying activity will extend for the full duration and will be
considered controlling on the Contractor’s schedule. A subsequent, concurrent delay
will thereafter only be considered to effect the project completion (if at all) once the
first delaying activity has ceased to impact the project completion. In this case, if the
unusually severe weather continued and delayed the work after the material was
delivered, the first portion of the delay would be classified E/C (delay for material)
and the second as E/N (delay due to unusually severe weather). Using the procedure
set forth above, the entire concurrent portion would be considered E/C as shown in
the chart which follows.
Example of a Concurrent Delay:
E/C Delay E/N Delay
City Related Material Delay
Rain Delay
II. ANALYZING THE DELAY:
The Contractor must provide all documents required or requested by the Engineer to analyze the
delay(s). It is important to understand that, prior to the delay analysis, delays and their impacts are
alleged issues. The information the Contractor provides will be compared with the Inspector’s Daily
Log, Schedules and other available Project information and together they will support or refute that
delays occurred and, if so, how they impact other work and the overall project completion. The
Contractor’s delay in providing these documents will be considered prima facie evidence that either
the delay did not occur or it did not impact the Project Completion Date and any claim for time
extension or damages will be denied.
The Engineer will accept delay analyses in CPM format, as these may demonstrate to his/her
satisfaction whether or not Project Completion has been impacted by a specific event. If the Contractor
chooses not to use CPM scheduling procedures, then the burden will be on the Contractor to prove
to the Engineer’s satisfaction that the Project Completion has been impacted. The procedures
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below assume that the Contractor is using CPM scheduling methods. As a minimum the Contractor
must provide the following materials to the Engineer:
A. As-Planned Schedule. The initial construction schedule, required by the Agreement
Documents, will be considered the baseline schedule. It is to the Contractor’s
advantage that the As-Planned (baseline) Schedule be as detailed as possible in order
for delays, as they occur, to be incorporated into the schedule in representative
locations. It is also to the Contractor’s advantage to use a computer software program
to generate the schedule since updated schedules are required monthly by the
Agreement Documents and since updated schedules are required to support
delays and requests for additional compensation for delays. The As-Planned
(baseline) Schedule must be presented in network format which clearly shows the
interrelationships of the activities. The Contractor must also provide a printout of the
activities showing early start, early finish, late start, late finish, duration and float. The
activity list printout must also indicate predecessor and successor activities.
B. As-Built Schedules. The as planned (baseline) schedule must be updated with
complete progress-to-date information (actualized) up to the date of the start of the
alleged delay. Each updated schedule will serve as the as-built schedule for analyzing
the alleged delay and provide a new baseline as-planned schedule for the next delay.
This process must be repeated for each alleged delay as it occurs. In updating the
baseline schedule, the alleged delay must be treated as an activity and inserted into the
schedule as a predecessor to the impacted activity (ies). When an activity that has
already started is impacted, it is preferable to divide this activity into two parts and
show the impact affecting the second part. For schedules which incorporate a time
line (or data date), the delay activity must be inserted at the time it actually occurred.
Some software scheduling programs have a PAUSE-RESUME feature that can be
used to facilitate the requirements. The updated schedule must also be accompanied
by a listing of activities as with the baseline schedule. This activities list must contain
the alleged delay as an activity showing the duration and the activities which are
predecessors and successors to it. When computer generated schedules are used,
the Contractor must provide, in electronic media format, the complete data files for
the updated schedule that included the delay activity, preferably either in Suretrak
or in Microsoft Project. Each electronic media must contain a label identifying the
Project name, Contractor’s name, program name and version number, data date
and project finish date.
C. Other Documents: In order to determine the amount of the alleged delay and if it
is compensable, the Contractor must provide all backup documentation relevant to the
issue and as required by the Engineer. This documentation must include copies of
such items as: purchase orders; delivery schedules; correspondence; memoranda of
telephone calls; force account daily worksheets (initialed by the Inspector); payroll
data; estimating (bid) worksheets; and any other materials which may be requested
by the Engineer.
D. Procedure: Only after receipt of sufficient documentation will the Engineer analyze
each alleged delay and determine if it is supported or refuted. If supported, the
Engineer will determine if it is excusable or non-excusable, compensable or non-
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compensable. If the Engineer determines that the delay did not affect the Project
Completion, the as-planned schedule, which has been updated to the date of the
alleged delay, must be revised to indicate this. If the Engineer determines the delay
did occur but was N/N, then no time extension will be granted. It is imperative that
an actualized schedule be submitted as soon as the occurrence of the alleged delay
is known. In no event will the Contractor submit an actualized updated schedule
later than 60 days after the occurrence of the alleged delay becomes known.
If the Engineer determines the delay did occur and was excusable but, due to a
reason listed in section I.B. is non-compensable, he/she will determine the length of
the E/N delay and prepare a Change Order to add that time to the Agreement. The
Engineer’s decision will be final.
If the Engineer determines the delay was excusable and compensable, he/she will
determine the length of the E/C delay and proceed to review the Contractor’s damage
calculations in accordance with Section III. The Engineer will check the Contractor’s
calculations, review the backup documentation provided, and prepare a Change
Order to cover both the additional compensation and the time extension. The
Engineer’s decision on both the time extension and additional compensation for the
delay will be final.
If the issue involves a concurrent delay, the Engineer will analyze available data
to determine the portions which are E/C, E/N, and/or N/N as described above. The
Engineer will proceed to determine the length of E/C delay and verify the Contractor’s
delay damage calculations, if any are provided. Upon completion of this review, the
Engineer will prepare a Change Order for the Contractor’s review and signature.
The Engineer’s decision regarding excusable delay and additional compensation for
the delay is final.
The amount of time the Engineer will require to analyze the alleged delay(s) will
depend upon the Engineer’s workload, the complexity of the delay analysis,
availability of supporting data, extent of cooperation by the Contractor, and other
factors beyond the Engineer’s control. It is entirely possible other delay(s) may occur
while the Engineer is analyzing particular claim for delay(s). The Engineer’s failure to
respond to the Contractor in a set period of time will not be used as the basis for
a further delay claim or as justification for extending and existing delay claim. The
time required for delay analysis by the Engineer will not be counted against the time
allotted for processing Final Payment as required by (MAG Section 109.7(B)) or the
release of retention and Final Payment as prescribed by A.R.S. Arizona Revised
Statutes §34-221.
III. CALCULATING MONETARY DELAY DAMAGES:
Additional compensation for delay, when authorized by the Engineer, will be calculated in accordance
with MAG Section 109.5 ACTUAL COST WORK with the following exceptions:
A. No additional compensation or other monetary damages will be awarded or paid for
any loss of anticipated profits by the Contractor, Subcontractors or Suppliers.
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General Conditions
Appendix 1
B. No additional compensation or other monetary damages will be awarded for home
office overhead or non-project general conditions of the Contractor, Subcontractors
or Suppliers.
C. Equipment:
1. Contractor-owned equipment rate calculations must be computed in
accordance with Section 109.04(D)(3), Arizona Department of Transportation
“Standard Specifications for Road and Bridge Construction,” 2008 or latest
edition and as modified herein. Year and regional adjustment factors must be
based on the most recent publications of the Rental Rate Blue Book for
Construction Equipment, published by the Equipment Guide-Book
Company, San Jose, CA, same as provided by ADOT and in print as of the
date of alleged delay. In no event will the compensation for Contractor-
owned equipment exceed the purchase price, including tax, paid by the
Contractor for the equipment. Compensation will not be allowed for small tools
or equipment that show a daily equipment rental rate of less than $5.00 per
day or for unlisted equipment that has a value of less than for hundred
dollars ($400.00).
2. For leased and rented equipment or equipment not otherwise listed in the
Blue Book, rental contracts, or other supporting data will be used to establish
the hourly rate. No hourly operating expense will be allowed for delay on
standby equipment. In no case will equipment be considered for rental which
exceeds the hourly rate for the first eight hours and the daily rate divided
by eight for all additional hours as compared with similar equipment listed in
the Blue Book. The hourly standby rate must be computed as the lesser of:
a. Dividing the monthly invoice or rental value by 176 hours
per month when the equipment is utilized by the Contractor
for more than three weeks;
b. Dividing the monthly invoice or rental value by 40 hours per
week when the equipment is utilized by the Contractor for
more than three days.
In no event will compensation be paid for delay at more than
8 hours per day or 40 hours per week.
3. Except for vehicles used by supervisory personnel, all equipment will be paid
at the “standby” rate during the delay period.
4. Equipment brought solely to mitigate the delay (such as pumps, light plants,
etc.) may be paid in accordance with ADOT section 109.04(D) (3).
5. The Blue Book regional adjustment will apply in determining rental rates.
D. Material:
Allowable material charges may include, in addition to material incorporated in the
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General Conditions
Appendix 1
work material used to mitigate the delay such as barricades, plates, shoring, cold
mix, etc. Except in emergencies the Contractor will not employ such material
without the prior written approval of the Engineer.
E. Labor:
1. Except for Supervisory Personnel (Superintendent, Project Engineer, and
Foremen), labor wages will not be paid after the first one-half day of claimed
delay or impact. It is expected the Contractor will reassign or layoff
unneeded employees.
2. For Foreman wages to be included, that Foreman must have been actively
employed on the project prior to the commencement of the delay and be
directly responsible for the activity being delayed.
3. Labor burden must be actual amounts incurred but must not exceed the
ADOT approved rate.
F. All costs (equipment, material, and labor) must be substantiated by the City of
Chandler’s Daily Work Reports.
IV. DOCUMENT REQUIRED FOR CLAIM ANALYSIS:
For purposes of reviewing the Contractor’s request for additional compensation, it will be required
that the Contractor submit the following listed information. Information requested must be prepared
on forms which are substantially similar to the City of Chandler’s Daily Work Report form, a copy of
which is attached as an exhibit.
A. Labor:
For each employee, laborer, and foreman, for which compensation is requested:
Name, classification, dates of work performed, daily hours worked, total hours worked,
labor rates, labor burden rates, overtime or premium time charges. Further, the
Contractor must make available for inspection and copying to the Engineer the
following listed documentation.
1. Certified payroll reports for the period of work claimed.
2. Accounting of Fringe Benefits – certified by a CPA.
3. Contractor’s and Subcontractor’s daily field reports and daily diaries.
B. Materials:
For all materials for which compensation is requested, if any, total quantities of
materials, prices, extensions and transportation costs must be provided on a daily
basis. Further, the Contractor must make available for inspection and copying to the
Engineer the following listed documentation.
1. Invoices for all materials incorporated.
2. Weigh tickets.
3. Purchase orders.
App’d 7/20/2022 APP-8 of 33

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General Conditions
Appendix 1
4. Delivery schedules.
5. Quotes or proposals from manufacturers or supplier.
6. Freight bills, Bills of Lading, or other documentation to show transportation
costs.
7. Restocking charges-invoices from vendor.
C. Equipment:
For all equipment, the Contractor must provide the Engineer with the designation,
dates and hours of usage, dates and hours of standby, if any, daily hours, total hours,
rental rates and extension for each unit of equipment and machinery. Rental
rates will be as established in Section III. Further, the Contractor must make available
for inspection and copying to the Engineer the following listed documentation.
1. Owned:
a. Purchase contracts(s).
b. Depreciation schedule(s).
c. Invoices for fuel, lube, repairs and other operating costs.
2. Leased:
a. Lease agreement with hourly rate, overtime rate, double shift rate, etc.
b. Invoices or other documentation showing hours worked on a daily
basis.
D. Subcontractors/Owner-Operators:
In the event the Contractor submits a claim which includes requests for compensation
for Subcontractors of Owner-Operators, the same information requested of the
Contractor must be provided by the Subcontractor/Owner-Operator. Further, the
Contractor must make available for inspection and copying to the Engineer the
following listed documentation.
1. Bid/Estimate work sheets and/or spreadsheets.
2. Subcontract Agreements or Agreements with Owner-Operator.
3. All invoices and billing statements received from the Subcontractor/Owner-
Operator which relates to the amount requested.
E. Miscellaneous:
Further, the Contractor must make available for inspection and copying to the Engineer
the following listed documentation.
1. Evidence of payment for bonds and insurance premiums (MAG 109.5.6).
2. Taxes – unless the Contractor can show otherwise, taxes are reimbursable at
65% of the total cost (less bonds and insurance).
V. TIME LIMIT ON SUBMISSIONS OF CLAIM FOR DELAY OR IMPACT DAMAGES:
No claims for delay or impact damages will be considered or allowed more than 45 days after the
event or occurrence which the Contractor claims gives rise to the delay or impact. In no event will a
App’d 7/20/2022 APP-9 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
Appendix 1
claim for delay or impact damages be considered after submission by the Contractor of the Final
Payment Request.
App’d 7/20/2022 APP-10 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
Appendix 2
COST REDUCTION INCENTIVE PROPOSALS
FOR DESIGN BID BUILD AGREEMENTS
The Contractor may submit to the Engineer proposals for modifying the Plans, Specifications, or
other requirements of the Agreement for the sole purpose of reducing the total cost of Project
construction. The proposals must not impair in any manner the essential functions or characteristics
of the project; including but not limited to service life, economy of operations, ease of maintenance,
desired appearance, compatibility with existing or planned equipment, standardization of systems,
or design and safety standards.
It must not be inferred from this Policy that the Engineer is required to consider any proposal
submitted.
Submissions that propose changes in the basic design of a bridge, propose changes in pipe line
size, materials, bedding conditions, pipe specifications; or that propose any change in pavement design
will not be considered.
Proposals submitted pursuant to this Policy will be identified as Cost Reduction Incentive Proposals.
They must be submitted in writing and, at a minimum, contain the following.
1. Complete the attached or similar cost reduction incentive proposal form.
2. A description of both the existing Agreement Requirements for performing the work
and the proposed changes.
3. All Engineering Drawings and computations necessary for the thorough and
expeditious evaluation.
4. An itemization of the existing Agreement Requirements that must be changed if the
Proposal is adopted and a recommendation as to the manner in which the change
should be made.
5. A detailed estimate of the cost of performing the Work under the existing
Agreement and under the proposed changes, including the cost of developing and
implementing the changes.
6. The Agreement items affected by the proposed changes and any variations in
quantities resulting from the changes.
7. An objective estimate of any effects the proposal will have on collateral cost to the
City, costs of related items, and cost of maintenance and operation.
8. A statement as to the effect that the Proposal will have on the time for the completion
of the Project.
9. A statement as to the time by which a Change Order adopting the Proposal must
be executed or when the Engineer must have given verbal approval.
App’d 7/20/2022 APP-11 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
Appendix 2
Proposals will be processed expeditiously; however, the City will not be liable for any delay in acting
upon any Proposal nor for any failure to accept any Proposal pursuant to this Special Provision.
The Engineer will be the sole judge of the acceptability of a Proposal and of the estimated net savings
in construction costs from the adoption of all or any part of the Proposal. The Contractor will be
notified in writing by the Engineer as to whether his/her Proposal has been accepted. The decision by
the Engineer is final.
When the City deems such action to be appropriate, it reserves the right to require the Contractor to
share equally in the cost to the City of investigating, evaluating, and processing the proposal as a
condition for the consideration of such Proposal. Such cost must be shared whether the Proposal is
accepted or rejected. When such a condition is imposed, the City will estimate these costs and the
Contractor must indicate his acceptance thereof in writing. Such acceptance will authorize the City to
deduct the Contractor’s share of the costs from any monies due or that may become due to the
Contractor under the Agreement.
If the Contractor’s Proposal is accepted in whole or in part, the necessary Agreement Modifications
and Agreement Price Adjustments will be affected by the execution of a Change Order which will
specifically state that it is executed pursuant to this Special Provision.
The Contractor must continue to perform the work in accordance with the requirements of the
Agreement until a Change Order incorporating the Proposal has been executed or until he/she has
been given verbal approval by the Engineer that his/her Proposal has been accepted. If the Change
Order has not been executed or he/she has not been given verbal approval on or before the date
specified on the attached cost reduction incentive proposal form or on or before such other date as the
Contractor may have subsequently specified in writing, the Proposal may be deemed to be rejected.
The executed Change Order will incorporate the changes in the Plans, Specifications, or other
requirements of the Agreement which are necessary to permit the Proposal, or such part of it which
has been accepted, to be put into effect, and will include any condition – upon which the City’s
approval thereof is based, if such approval is conditional. The executed Change Order may also
extend the time for the completion of the Agreement if such an extension has been deemed to be
warranted by the Engineer as a result of his evaluation of the Proposal.
The executed Change Order will also establish the estimated net savings in the cost of performing
the Work attributable to the Proposal effectuated by the Change Order. In determining the net
savings, the right is reserved to the Engineer to disregard the Agreement bid prices if, in his/her
judgment, such prices do not represent a fair measure of the value of the Work to be performed or
to be deleted. The net savings will be established by determining the Contractor’s cost of performing
the Work, taking into account his/her cost of developing the Proposal and implementing the change,
and reducing this amount by any ascertainable collateral costs to the City. The executed Change
Order may provide that the Contractor be paid 50 percent of the estimated net savings amount.
The executed Change Order may also provide for the adjustment in Agreement prices. Agreement
prices may be adjusted by subtracting the City’s share of the accrued net savings.
The amount specified to be paid to the Contractor in the executed Change Order which effectuates a
Cost Reduction Proposal will constitute full compensation to the Contractor for the Cost Reduction
App’d 7/20/2022 APP-12 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
Appendix 2
Proposal and the performance of the work thereof pursuant to the said Change Order.
Upon acceptance of a Cost Reduction Incentive Proposal, any restrictions imposed by the
Contractor on its use or on disclosure of the information will become void, and the City thereafter
will have the right to use all or any part of the Proposal without obligation or compensation of any
kind to the Contractor.
App’d 7/20/2022 APP-13 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
Appendix 2
COST REDUCTION INCENTIVE PROPOSAL FORM
TO: CIP City Engineer
FROM:
PROJECT NAME: ALLEY REHAB DUST EMISSIONS PHASE III
PROJECT NUMBER: CITY NO.: ST2310.401; FED NO.: CHN-0(256)D; ADOT NO.: T0555-01C
DATE:
Summary of Change (Brief description of proposed change including advantages and disadvantages):
ESTIMATED COST SUMMARY (Attached detailed estimate):
A. Original Cost: $
B. Proposed Cost: $
C. Construction Savings (A-B): $
D. Gross Savings (Included OH %, Bond %) $
E. Contractor Implementing $_
F. City Implementing Cost: $_
Reduction in Agreement Price (C+D-E-F) x 50%: $
Date by which a Change Order must be issued so as to obtain maximum cost reduction:
App’d 7/20/2022 APP-14 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
Appendix 3
CITY OF CHANDLER, ARIZONA
PUBLIC WORKS & UTILITIES DEPARTMENT
CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS
________________________, Arizona
Date ____________________________
Project Name: Alley Rehab Dust Emissions Phase III
Project No.: City No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
To the City of Chandler, Arizona
Gentlemen:
This is to certify that all lawful claims for materials, rental of equipment and labor used in connection
with the construction of the above project, whether by subcontractor or claimant in person, have been
duly discharged.
The undersigned, for the total compensation of $________________________, as set out in the final pay
application, as full and complete payment under the terms of the Agreement, hereby waives and
relinquishes any and all further claims or right of lien under, in connection with, or as a result of the
above described project. The undersigned further agrees to indemnify and save harmless the City of
Chandler against any and all liens, claims or liens, suits, actions, damages, charges and expenses
whatsoever, which said City may suffer arising out of the failure of the undersigned to pay for all labor
performances and materials furnished for the performance of said installation.
Signed and dated at ________________, this _________ day of _______________ 20_____.
__________________________________
CONTRACTOR
By _______________________________
STATE OF ARIZONA )
) SS
COUNTY OF MARICOPA )
The foregoing instrument was subscribed and sworn to before me this __________ day of
__________________ 20 _________.
___________________________________
Notary Public
___________________________________
My Commission Expires
App’d 7/20/2022 APP-15 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
Appendix 4
PERFORMANCE BOND
ARIZONA STATUTORY PERFORMANCE BOND
PURSUANT TO TITLES 28, 34, AND 41, ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the Agreement amount)
KNOW ALL MEN BY THESE PRESENTS THAT:___________________________________________________
(hereinafter "Principal"), and __________________________________________________________ (hereinafter "Surety"), a
corporation organized and existing under the laws of the State of ______________ with its principal office in the City
of _____________________________, holding a certificate of authority to transact surety business in Arizona issued by the
Director of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly bound unto
__________________________(hereinafter "Obligee") in the amount of __________________________________________ (Dollars)
($___________), for the payment whereof, Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written Agreement with the Obligee, dated
the ____________ day of _______________________, 20___ for construction of City No.: ST2310.401; FED No.: CHN-
0(256)D; ADOT No.: T0555-01C, Alley Rehab Dust Emissions Phase III which Agreement is hereby referred to and
made a part hereof as fully and to the same extent as if copies at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs
and fulfills all the undertakings, covenants, terms, and conditions of the Agreement during the original term of the
Agreement and any extension of the Agreement, with or without notice of the Surety, and during the life of any
guaranty required under the Agreement, and also performs and fulfills all the undertakings, covenants, terms,
conditions, and agreements of all duly authorized modifications of the Agreement that may hereafter be made,
notice of which modifications to the Surety being hereby waived, the above obligation is void. Otherwise it remains
in full force and effect.
PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2,
Arizona Revised Statutes, and all liabilities on this bond will be determined in accordance with the provisions of Title
34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if it were copied at length in this Agreement.
The prevailing party in a suit on this bond may recover as part of the judgment reasonable attorney fees
that may be fixed by a judge of the court.
Witness our hands this ________________ day of ____________________, 20__.
____________________________________
PRINCIPAL SEAL
___________________________________
AGENT OF RECORD
By _________________________________
____________________________________
SURETY SEAL
___________________________________
AGENT ADDRESS
App’d 7/20/2022 APP-16 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
Appendix 5
PAYMENT BOND
ARIZONA STATUTORY PAYMENT BOND
PURSUANT TO TITLES 28, 34, AND 41, OF THE ARIZONA REVISED STATUTES
(Penalty of this Bond must be 100% of the Agreement amount)
KNOW ALL MEN BY THESE PRESENTS THAT:________________________________________________
(hereinafter "Principal"), as Principal, and _________________________________________(hereinafter "Surety"), a
corporation organized and existing under the laws of the State of __________________ with its principal office in the
City of __________________, holding a certificate of authority to transact surety business in Arizona issued by the
Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly
bound unto ________________________ (hereinafter "Obligee") in the amount of
______________________________________________ (Dollars) ($___________), for the payment whereof, the Principal and
Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has entered into a certain written Agreement with the Obligee, dated the _________ day of
_______________________, 20___ for construction of City No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-
01C, Alley Rehab Dust Emissions Phase III which Agreement is hereby referred to and made a part hereof as fully
and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly pays all
moneys due to all persons supplying labor or materials to the Principal or the Principal's subcontractors in the
prosecution of the work provided for in said Agreement, this obligation is void. Otherwise it remains in full force
and effect.
PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2
Arizona Revised Statutes, and all liabilities on this bond will be determined in accordance with the provisions,
conditions and limitations of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if it were
copied at length in this Agreement.
The prevailing party in a suit on this bond may recover as part of the judgment reasonable attorney fees
that may be fixed by a judge of the court.
Witness our hands this ________________ day of ____________________, 20__.
____________________________________
PRINCIPAL SEAL
___________________________________
AGENT OF RECORD
By _________________________________
____________________________________
SURETY SEAL
___________________________________
AGENT ADDRESS
App’d 7/20/2022 APP-17 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
Appendix 6
DISPUTE RESOLUTION
A. INFORMAL DISPUTE RESOLUTION
The parties to the Agreement agree that time is of the essence in relation to
performance of the Agreement and completion of the Project, therefore any and all
disputes in relation to the Agreement will initially be referred to the Project Manager,
the Design Professional Representative and/or the Contractor Representative as
applicable to the dispute, for immediate resolution. If, after good faith efforts to reach
a resolution, none is reached, any party to the dispute may submit the dispute to
the Dispute Resolution Representative (“DRR”) process set forth below, which is
intended to be an expedited process.
B. DISPUTE RESOLUTION REPRESENTATIVE (“DRR”) PROCESS
1. The Parties under the Agreement agree that all claims and disputes in relation
to the Project which are not resolved in the ordinary course of the Project
(“Claim” or “Claims”) will, as a prerequisite to any mediation, or litigation of
the Claim, first be submitted for resolution between the designated
Dispute Resolution Representatives of the Parties as set forth herein (the “DRR
Process”).
2. The DRR Process will be initiated through service of a DRR Notice as set forth
below:
a. For claims by the Contractor or the Design Professional, the DRR
Process will be initiated by the party asserting the claim serving written
notice on the City setting forth in detail: (i) the basis for the claim; (ii) the
effect of the Claim upon the construction of, and/or Project Schedule
for, the Project;
(iii) the specific relief requested, the amount thereof, and how such
was calculated; (iv) the parties involved in the Claim, and how they
are involved; (v) the specific Agreement provisions in the Agreement
Documents (including, if applicable, drawings and specifications) which
apply; and (vi) efforts made to date to resolve the Claim.
b. For claims by the City, the DRR process will be initiated by the City
providing written notice to the other parties of the basis and amount
of its claim, the parties involved in the Claim, and how they are
involved, the provisions in the Agreement Documents that apply, and
the relief requested.
c. The DRR Notice will be hand-delivered and e-mailed to the other
parties’ designated Dispute Resolution Representatives.
3. The other parties will respond in writing to the DRR Notice (“DRR Response”)
within ten (10) calendar days of receipt of the DRR Notice, setting forth those
items set forth in the DRR Notice that they agree with, dispute, and/or have
questions concerning. The DRR Response will be hand-delivered and e-mailed
to the other parties’ Dispute Resolution Representatives.
App’d 7/20/2022 APP-18 of 33

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General Conditions
Appendix 6
4. The designated Dispute Resolution Representatives for the Parties to the
claim will then meet as soon as possible and in any event within twenty (20)
calendar days of submission of the DRR Notice (regardless of whether a DRR
Response has been submitted by all parties involved in the dispute), at a
mutually agreed upon time and place, to attempt to resolve the Claim based
upon the DRR Notice and DRR Response.
5. At any time after the first meeting required above, either party may terminate
the DRR Process by written notice to the other party.
6. The parties may agree, in writing, to extend or modify the time limits or
other provisions of the DRR process in relation to a specific pending Claim.
7. Unless otherwise designated in a written notice to the other parties, the City
and the representatives of the Contractor and of the Design Professional will
act as the parties’ designated Dispute Resolution Representatives.
8. If a resolution of the Claim is reached, that resolution must be set forth in
writing and must be signed by the Parties’ designated Dispute Resolution
Representative. If the resolution involves a change in any Agreement
Documents, the Agreement Price, the Project Schedule, or any other change
requiring a written Change Order or Amendment, the parties must execute
an appropriate written Change Order or Amendment pursuant to the terms
of the Agreement Documents.
C. MEDIATION
1. Unless extended by written agreement of the parties involved in the dispute,
any Claim not resolved through the DRR process set forth above within
five (5) calendar days after the meeting required under B (4) above, or after
the DRR is terminated pursuant to B (5) above, whichever is earlier, will be
submitted to mediation as a condition precedent to litigation by either party.
2. The mediation will be commenced by written demand upon the other party
for mediation. If the parties cannot agree upon a mediator within ten (10)
calendar days of the written demand, either party may make a request to the
Civil Presiding Judge of the Maricopa County Superior Court to appoint a
mediator. The mediation will occur within forth (40) calendar days of the
written demand for mediation, unless the parties agree, in writing, to a longer
period of time.
3. The qualifications for the mediator will be that he/she be: (a) an experienced
mediator, arbitrator or litigator of construction disputes; and (b) having
engaged a significant portion of his/her time involving and/or resolving
construction disputes for at least the past five (5) years.
4. Each party will provide to the other party and the mediator all of the
information and documentation required under B(1) and (2) above, together
with any additional information and documentation which the party believes
relevant. In addition, the parties will exchange, and provide to the mediator
such additional memoranda, information and/or documentation, as the
App’d 7/20/2022 APP-19 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
Appendix 6
mediator may request, and in the form and at such times, as the mediator may
direct.
5. The parties will share the mediator’s fee and any filing fees equally. The
mediation will be held in Chandler, Arizona, unless another location is
mutually agreed upon. Agreements reached in mediation will be specifically
enforceable in any court having jurisdiction thereof.
D. LITIGATION
Any claim arising out of or related to the Agreement, except Claims relating to aesthetic
effect and except those claims waived as provided for in the Agreement
Documents, must be resolved through litigation in the Maricopa County, Arizona
Superior Court.
App’d 7/20/2022 APP-20 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
Appendix 7
CITY OF CHANDLER, ARIZONA
PUBLIC WORKS & UTILITIES DEPARTMENT
CERTIFICATE OF COMPLETION
PROJECT NAME: ALLEY REHAB DUST EMISSIONS PHASE III
PROJECT NO.: CITY NO.: ST2310.401; FED NO.: CHN-0(256)D; ADOT NO.: T0555-01C
If Federally Funded:
FEDERAL NO.: ADOT NO:
(This section to be completed by Prime)
I HEREBY CERTIFY THAT ALL GOODS AND/OR SERVICES REQUIRED BY CITY OF CHANDLER FOR THIS
PROJECT HAVE BEEN DELIVERED IN ACCORDANCE WITH THE AGREEMENT DOCUMENTS AND BID
SPECIFICATIONS AND ALL ACTIVITIES REQUIRED BY THE AGREEMENTOR UNDER THE AGREEMENT HAVE
BEEN COMPLETED AS OF THE COMPLETION DATE LISTED HERE:
FINAL ACCEPTANCE DATE:
PRIME CONTRACTOR:
FIRM NAME:
PRINCIPAL:
TITLE:
SIGNATURE: DATE:
CERTIFIED BY [INSERT NAME AND TITLE OF PARTY THAT OVERSEES CONSTRUCTION]:
FIRM NAME:
SIGNATURE: DATE:
PROJECT ACCEPTED BY CITY OF CHANDLER:
NAME:
SIGNATURE: DATE:
App’d 7/20/2022 APP-21 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
Appendix 8
CONSTRUCTION SIGN DETAIL
8'
3"
5"
CITY OF CHANDLER
3"
5"
PUTTING YOUR FUNDS TO WORK
3"
5"
PROJECT TITLE:
4' 3"
PROJECT NUMBER: 3"
2"
PROJECT COST: 3"
2"
CONTRACTOR: 3"
2"
MANAGED BY: PUBLIC WORKS & UTILITIES DEPARTMENT 3"
CAPITAL PROJECTS DIVISION 3"
<--- 4" X 4" POSTS --->
NOTES:
SIGN(S) MUST BE FURNISHED AND ERECTED PRIOR TO COMMENCEMENT OF CONSTRUCTION. POSTS
MUST BE ANCHORED A MINIMUM OF TWO FEET INTO THE GROUND. BOTTOM OF SIGN MUST BE A
MINIMUM OF FOUR FEET ABOVE THE GROUND.
TYPICAL PROJECT IDENTIFICATION SIGN FOR GENERAL PROJECTS MUST BE NON-REFLECTORIZED GREEN
BACKGROUND, AND NON-REFLECTORIZED WHITE LETTERS AND NUMERALS.
ONE SIGN MUST BE ERECTED FOR BUILDINGS AND OTHER LIMITED AREA SINGLE SITES. FOR MULTIPLE
SITES, ONE SIGN MUST BE ERECTED AT EACH SITE.
FOR LINEAR PROJECTS ONE HALF MILE OR LONGER, PLACE ONE SIGN AT EACH END OF THE PROJECT.
App’d 7/20/2022 APP-22 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
Appendix 9 – CM@Risk & JOC
COST OF THE WORK
(APPLICABLE SOLELY TO CONSTRUCTION MANAGER AT RISK AND JOB ORDER CONTRACTING)
SECTION 1 – COSTS TO BE REIMBURSED
1.1 Cost of the Work
The term Cost of the Work will mean costs necessarily incurred by Contractor in the proper
performance of the Work. Such costs must be at rates not higher than the standard paid at the place
of the Project except with prior consent of City. The Cost of the Work will include only the items set
forth in this Section 1.
1.2 Labor Costs
1.2.1 Wages of construction workers directly employed by the Contractor to perform the
construction of the Work at the site or, with City’s approval, at off-site workshops. Cost to
be reimbursed will be the actual wages paid to the individuals performing the work.
1.2.2 Wages or salaries of the Contractor’s supervisory and administrative personnel when
stationed at the site with City’s approval. No Contractor personnel stationed at the
Contractor’s home or branch offices will be charged to the Cost of the Work. Non-field office
based Contractor management and support personnel are expected to provide service and
advice from time to time throughout the job and his/her time devoted to Project matters is
considered to be covered by the Contractor’s Fee.
1.2.3 Wages and salaries of Contractor’s supervisory or administrative personnel who would
normally be stationed at the field office in accordance with Section 1.2.2 but who become
engaged, at factories, workshops or on the road, in expediting the production or
transportation of materials or equipment required for the Work, but only for that portion of
his/her time required for the Work. Employee bonuses and/or costs associated with
Employee Stock Ownership Plans (“ESOP”) will not be considered reimbursable labor or
labor burden costs and will be considered non-reimbursable costs considered to be covered
by the Contractor’s Fee.
1.2.4 Costs paid or incurred by Contractor for taxes, insurance, contributions, assessments and
benefits required by law or collective bargaining agreements and, for personnel not
covered by such agreements, customary benefits such as sick leave, medical and health
benefits, holiday, vacations and pensions, provided such costs are based on wages and
salaries included in the Cost of the Work under Subparagraphs 1.2.1 through 1.2.3.
1.2.4.1 Cost of the Work will include the actual net cost to Contractor for worker’s compensation
insurance attributable to the wages chargeable to the Cost of Work per this Agreement. The
actual net cost of worker’s compensation must take into consideration all cost
adjustments due to experience modifiers, premium discounts, policy dividends,
retrospective rating plan premium adjustments, assigned risk pool rebates, any applicable
weekly maximums, etc. Contractor may charge an estimated amount for worker’s
compensation insurance costs, but will make appropriate cost adjustments to actual costs
within 45 days of receipt of actual cost adjustments from the insurance carrier.
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1.2.4.3 Overtime wages paid to salaried personnel (if approved in advance in writing by City) will
be reimbursed at the actual rate of overtime pay paid to the individual. No time charges for
overtime hours worked on the Project will be allowed if the individual is not paid for the
overtime worked.
1.2.4.4 Any overtime premium or shift differential expense to be incurred by Contractor for hourly
workers will require City’s advance written approval before the incremental cost of the
overtime premium or shift differential will be considered a reimbursable cost. If the
Contractor is required to work overtime as a result of an inexcusable delay or other
coordination problems caused by the Contractor or anyone he/she is responsible for,
the overtime premium and/or shift differential expense portion of the payroll expense and
related labor burden costs will be considered as cost not to be reimbursed.
1.2.4.5 Reimbursable labor burden costs will be limited to payroll taxes, worker’s compensation
insurance, the employer’s portion of union benefit costs for union employees working on the
Project, and the actual verifiable fringe benefit costs incurred by Contractor for non-union
individuals working on the Project subject to the following maximum percentages for the
following reimbursable non-union fringe benefit costs. The following maximums (as a
percentage of reimbursable actual wages by individual) will apply for each of the following
types of fringe benefit costs specifically attributable to each of the non-union personnel
working on the Project:
• Medical Insurance, Dental, Life & AD&D Insurance: 12.00%
• Holiday, vacation and other paid time not worked: 10.00%
• Pension Plan Contributions to Vested Employee Account,
Simplified Employee Pension Plans, or 401K matching plans
(Note: ESOP related costs are covered by the Contractor Fee)
10.00%
For non-union personnel, no other fringe benefit costs (other than the three specific
categories listed immediately above, will be considered reimbursable Cost of Work. Any labor
burden costs that are in excess of the amounts considered reimbursable or are otherwise
not considered reimbursable under the terms of this agreement are intended to be covered
by the Contractor Fee.
1.3 Subcontract Costs
1.3.1 Payments made by Contractor to Subcontractors in accordance with the requirements of
the subcontracts.
1.3.2 For Scope of Work Bid Packages typically performed by Subcontractors, Contractor may
“self- perform” such work on an actual cost basis subject to an agreed upon Guaranteed
Maximum Price for the “self-performed work”. The Contractor must, unless agreed to by City
in writing, bid his/her proposed guaranteed Maximum Price for the work to be “self-
performed” against at least three other interested trade Contractors. All savings under any
such Subcontract for “self-performed work” must be applied to reduce the Cost of Work under
the Agreement and the Guaranteed Maximum Price. For purposes of defining “self-
performed work” subject to this provision, any division of Contractor, or any separate
Contractor or Subcontractor that is partially owned or wholly owned by the Contractor or any
of his/her employees or employee’s relatives will be considered a related party entity and
will be subject to this provision regarding “self-performed work”. No self-performed work will
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General Conditions
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be allowed to be performed on a Fixed Price basis.
1.3.3 Contractor (with respect to its Suppliers, Subcontractors and all lower tier Subcontractors)
must provide City advance written notice and must obtain City’s approval for any proposed
Subcontract Change Order, Material Purchase Order, or other financial commitment in an
amount in excess of $5,000 prior to placing such order or entering into such agreement
(regardless of whether or not any such commitment will affect the prime Agreement
Guaranteed Maximum Cost). It is agreed that sums applicable to any Subcontract Change
Order, Purchase Order or other financial commitment entered into in violation of the above
notice and approval requirement will not be included in the amounts owning to Contractor,
Subcontractors or Suppliers whether as Costs of the Work or as reasonable termination costs
in the event of termination.
1.4 Costs of Material and Equipment Incorporated in the Completed Construction
1.4.1 Costs, including transportation and storage, of materials and equipment incorporated or
to be incorporated in the completed construction.
1.4.2 Costs of materials described in the preceding Subparagraph 1.4.1 in excess of those
actually installed to allow for reasonable waste and spoilage. Unused excess materials, in
any, will become City’s property at the completion of the Work or, at City’s option, may be
sold by the Contractor. Any amounts realized from such sales must be credited to City as a
deduction from the Cost of Work.
1.4.3 Proceeds from the sale of recyclable materials, scrap, waste, etc. will be credited to job cost.
1.5 Costs of Other materials and Equipment, Temporary Facilities and Related Items
1.5.1 Costs, including transportation and storage, installation, maintenance, dismantling and
removal of materials, supplies, temporary facilities, machinery, equipment and hand tools
not customarily owned by construction workers, that are provided by the Contractor at the
site and fully consumed in the performance of the Work; and cost (less salvage value) of such
items if not fully consumed, whether sold to others or retained by Contractor. Cost for items
previously used by Contractor will mean fair market value.
1.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not
customarily owned by construction workers that are provided by Contractor at the site,
whether rented from Contractor or others, and costs of transportation, installation, minor
repairs and replacements, dismantling and removal thereof. Rates and quantities of
equipment rented will be subject to City’s prior written approval.
1.5.2.1 The Projected usage for each piece of equipment to be rented for use on the Project and
the estimated total rentals must be considered by Contractor before the piece of equipment
is rented so that an appropriate rent versus buy decision can be made. Purchased
equipment must be considered “job owned”. At the completion of the Project, Contractor
must transfer title and possession of all remaining job-owned equipment to City, or
Contractor may keep any such equipment for an appropriate fair market value credit to job
cost, which will be mutually agreed to by City and Contractor.
1.5.2.2 Each piece of equipment to be rented must have hourly, daily, weekly and monthly rates and
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the most economical rate available will be reimbursed based on the circumstances of actual
need and usage of the piece of equipment while it is stationed at the jobsite. When the
piece of equipment is no longer needed for the work, no rental charges will be reimbursed
if the piece of equipment remains at the jobsite for the convenience of Contractor.
1.5.2.3 Equipment Rental Rates
1.5.2.3.1 Compensation for equipment used on the Project will be paid in accordance with the
Equipment Plan submitted by Contractor in the accepted GMP Proposal and no payments
will be made in excess of the rates set forth in the Equipment Plan, or actual documented
costs, whichever is less.
1.5.2.3.2 All equipment rental rates and costs are subject to City’s right to audit when submitted as
part of Equipment Plan and/or at any time during the Project.
1.5.2.4 The aggregate rentals chargeable for each piece of Contractor owned tools or equipment must
not exceed 50% of the fair market value of such equipment at the time of its commitment to
the Work. The original purchase price and date of purchase of the equipment will be
documented with a copy of the purchase invoice for the piece of equipment. Such aggregate
limitations will apply and no further rentals will be charged even if a piece of equipment is taken
off the job and is later replaced by a similar piece of equipment. For purposes of computing
the aggregate rentals applicable to aggregate rental limitations, rental charges for similar
pieces of equipment will be combined if the pieces of equipment were not used at the same
time.
1.5.2.5 Fair market value for used material and equipment as referred to in the Agreement
Documents will mean the estimated price a reasonable purchaser would pay to purchase
the used material or equipment at the time it was initially needed for the job. Note: This is
usually lower than the price a reasonable purchaser would pay for similar new construction
material or construction equipment.
1.5.2.6 All losses resulting from lost, damaged or stolen tools and equipment will be the sole
responsibility of Contractor, and not City, and the cost of such losses will not be reimbursable
under the Agreement.
1.5.2.7 Contractor will be required to maintain a detailed equipment inventory of all job-owned
equipment (either purchased and charged to job cost or job-owned through aggregate
rentals) and such inventory must be submitted to City each month. For each piece of
equipment, such inventory should contain at a minimum (1) original purchase price or
acquisition cost (2) acquisition date (3) approved Fair Market Value at the time the piece of
equipment was first used on the job and (4) final disposition.
1.5.2.8 All costs incurred for minor maintenance and repairs will be reimbursed at actual cost. Such
costs include routine and preventative maintenance, minor repairs and other incidental costs.
Repairs and/or replacement of a capital nature are considered to be covered by the rental
rates. Major repairs and overhauls are not considered routine and ordinary; consequently
such costs are not reimbursable and are intended to be covered by the rental rates.
1.5.3 Costs of removal of debris from the Site.
App’d 7/20/2022 APP-26 of 33

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Appendix 9 – CM@Risk & JOC
1.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone
calls, postage and parcel delivery charges, telephone service at the site and reasonable
petty cash expenses of the site office.
1.5.5 That portion of the reasonable expenses of Contractor’s personnel incurred while traveling
in discharge of duties connected with the Work.
1.5.5.1 No travel expenses will be reimbursed to Contractor’s representatives unless Project related
travel required them to travel to a destination more than 100 miles from the Project location.
Any travel involving airfare will require advance written approval by an authorized City’s
representative.
1.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable
location, if approved in advance by the City.
1.5.7 Reproduction costs will be the actual costs of reproduction subject to a maximum of five
cents ($.05) per square foot for prints and a maximum of five cents ($.05) per 8 ½ by 11-inch
page for offset print or photo copied agreement documents, specifications, etc. Telephone
costs will be the actual costs paid to the third party telephone company for the field office
telephone.
1.6 Miscellaneous Costs
1.6.1 That portion of insurance and bond premiums that can be directly attributed to the Agreement.
The City will reimburse Contractor for contractually required bond at time of first pay
application for GMP and Cost-Based Agreements upon receipt of proof of payment from
the Contractor. If the Contractor completes Work for less than the Agreement Price,
Contractor must credit the City a pro- rated amount for the unused portion of the bond
payment
1.6.1.1 Contractor’s actual cost for insurance will be considered to be included within the Maximum
limit for General Conditions Costs. All premiums for any insurance and bonds required for
the Project must reflect the net actual costs to Contractor after taking into consideration cost
adjustments due to experience modifiers, premium discounts, policy dividends, retrospective
rating plan premium adjustments, assigned risk pool rebates, refunds, etc.
1.6.1.2 The amount to be reimbursed to Contractor for all contractually required insurance will be
actual costs not to exceed a total of 2% of the Agreement Value, unless Contractor
establishes to City’s satisfaction that the actual cost is higher and City agrees to such actual
higher cost in writing. If Contractor’s cost of contractually required insurance is greater
than the amount agreed to be reimbursed per this Agreement Provision, the difference will
be considered to be covered by the Contractor’s Fee. The City will reimburse Contractor
for contractually required insurance on a monthly basis for GMP and Cost-Based
Agreements. If Contractor can demonstrate substantial savings by paying for all insurance in
advance, the City may agree to reimburse all insurance costs at time of first pay application
for GMP and Cost-Based Agreements with proof of payment from Contractor.
1.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work.
App’d 7/20/2022 APP-27 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
Appendix 9 – CM@Risk & JOC
1.6.3 Fees and assessments for the building permit and for other permits, licenses and inspections
for which Contractor is required by the Agreement Documents to pay.
1.6.4 Fees of laboratories for tests required by the Agreement Documents, except those related to
defective or nonconforming Work and which do not fall within the scope of ¶ 1.7.3 below.
1.6.5 Royalties and license fees paid for the use of a particular design, process or product required
by the Agreement Documents; the cost of defending suites or claims for infringement of
patent rights arising from such requirement of the Agreement Documents; and payments
made in accordance with legal judgments against Contractor resulting from such suites or
claims and payments of settlements made with City’s consent. However, such costs of legal
defenses, judgments and settlements must not be included in the calculation of the
Contractor’s Fee or subject to the Guaranteed Maximum Price.
1.6.6 Data processing costs related to the Work. However, any such data processing costs will be
limited to the cost of personal computer hardware used at the field office in the normal
day to day administration, management and control of the Project. The aggregate charges
for any such hardware must not exceed the Fair Market Value of the hardware at the time it
was brought to the field office. If the total charges for any particular piece of hardware reach
an amount equal to the Fair Market Value, that particular piece of hardware must be turned
over to City whenever it is no longer needed for the Project. If Contractor elects to keep the
particular piece of hardware, the job costs must be credited with a mutually agreeable
amount which will represent the Fair Market Value of the particular piece of hardware at the
time it was no longer needed for the job. Software or other costs associated with the use of
computer programs will not be considered to be a reimbursable cost and will be considered
to be covered by the Contractor’s Fee.
1.6.7 Deposits lost for causes other than Contractor’s negligence or failure to fulfill a specific
responsibility to City as set forth in the Agreement Documents.
1.6.8 Legal, mediation and arbitration costs, including attorneys’ fees, other than those arising
from disputes between City and Contractor, reasonably incurred by Contractor in the
performance of the Work and with City’s prior written approval; which approval will not be
unreasonably withheld.
1.6.9 Expenses incurred in accordance with Contractor’s standard personnel policy for relocation
and temporary living allowances of personnel required for the Work, if pre-approved by City
in writing. If City authorizes the reimbursement of relocation costs, the reimbursable
relocation expenses will be limited to a maximum of $50,000 per person. Any relocation
cost incurred by Contractor in excess of the amount reimbursed by City will be considered to
be covered by the Contractor’s Fee.
1.7 Other Costs and Emergencies
1.7.1 Other costs incurred in the performance of the Work if and to the extent approved in advance
in writing by City.
1.7.2 Costs due to emergencies incurred in taking action to prevent threatened damage, injury or
App’d 7/20/2022 APP-28 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
Appendix 9 – CM@Risk & JOC
loss in case of an emergency affecting the safety of persons and property.
1.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by Contractor,
Subcontractors or Suppliers, provided that such damaged or nonconforming Work was not
caused by negligence or failure to fulfill a specific responsibility of Contractor and only to the
extent that the cost of repair or correction is not recoverable by Contractor from insurance,
sureties, Subcontractors or Suppliers.
1.8 Related Party Transactions
1.8.1 The term “related party” will mean a parent, subsidiary, affiliate or other entity having
common ownership or management with Contractor; any entity in which any stockholder in,
or management employee of, Contractor owns any interest in excess of ten percent in the
aggregate; or any person or entity which has the right to control the business or affairs of
Contractor. The term “related party” includes any member of the immediate family of any
person identified above.
1.8.2 If any of the costs to be reimbursed arise from a transaction between Contractor and a
related party, Contractor must notify City in writing of the specific nature of the contemplated
transaction, including the identity of the related party and the anticipated cost to be incurred,
before any such transaction is consummated or cost incurred. If City, after such notification,
authorizes in writing the proposed transaction, then the cost incurred will be included as a
cost to be reimbursed, and Contractor must procure the Work, equipment, goods or service
from the related party, as a Subcontractor. If City fails to authorize the transaction,
Contractor must procure the Work, equipment, goods or service from some person or entity
other than a related party.
SECTION 2 – COSTS NOT TO BE REIMBURSED
2.1 The Cost of Work must not include:
2.1.1 Salaries and other compensation of Contractor’s personnel stationed at Contractor’s principal
office or offices other than the site office, except as specifically provided in Subparagraphs
1.2.2 and 1.2.3.
2.1.2 Expenses of Contractors’ principal office and offices other than the site office.
2.1.3 Overhead and general expenses, except as may be expressly included in Section 1.
2.1.3.1 Costs of Contractor’s home office computer services or other outside computer processing
services will be considered overhead and general expense. Accordingly, Contractor should
not plan to perform any such computer related services or alternatives at the field office when
such services or functions can be performed at Contractor’s home or branch offices, or
other outside service locations.
2.1.4 Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work.
2.1.5 Rental costs of machinery and equipment, except as specifically provided in subparagraph
1.5.2.
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General Conditions
Appendix 9 – CM@Risk & JOC
2.1.6 Except as provided in Subparagraph 1.7.3 of the Agreement, costs due to the negligence or
failure to fulfill a specific responsibility of Contractor, Subcontractors and Suppliers or anyone
directly or indirectly employed by any of them or for whose acts of them may be liable.
2.1.7 Any cost not specifically and expressly described in Section 1.
2.1.8 Costs, other than costs included in Change Orders approved by City that would cause the GMP
to be exceeded.
SECTION 3 – DISCOUNTS, REBATES, REFUNDS AND SAVINGS
3.1 Cash discounts obtained on payments made by Contractor will accrue to City if (1) before
making the payment, Contractor included them in an Application for Payment and
received payment therefore from City, or (2) City has deposited funds with Contractor with
which to make payments; otherwise, cash discounts will accrue to Contractor. Trade discounts,
rebates, refunds and amounts received from sales or surplus materials and equipment will
accrue to City, and Contractor must make provisions so that they can be secured.
3.1.1 Cost of the Work will be credited with all insurance policy discounts, performance and
payment bond rebates or refunds, refunds or return premiums from any Subcontractor
default insurance, refunds or rebates from any Contractor controlled insurance programs
applicable to the Project, merchandise rebates of any nature, refunds of any nature,
insurance dividends; and a portion of any volume rebates or free material credits earned with
purchase of material or other goods and services charged to the job.
3.1.2 “Cash” discounts which may accrue to Contractor will be limited to a maximum of 1.5% of
invoice cost. Any portion of “Cash” discounts greater than 1.5% will automatically accrue
to City if Contractor is eligible to take advantage of the discounts.
3.2 Amounts that accrue to City in accordance with the provisions of Paragraph 3.1 will be
credited to City as a deduction from the Cost of the Work.
3.3 Any and all savings on the GMP, or any separately guaranteed items comprising the GMP, will
belong to City, subject to any express right in the Agreement for Contractor to share in
savings. Savings are subject to City’s right to audit, and may be audited separately.
SECTION 4 – GENERAL CONDITIONS COSTS
4.1 General Conditions Costs may include, but are not limited to, the following types of costs
incurred by Contractor during construction of the Work to the extent they are reimbursable
Costs of the Work as delineated above: payroll costs for Work conducted at the site, payroll
costs for the superintendent and full-time general foremen, payroll costs for management
personnel resident and working on the site workers not included as direct labor costs
engaged in support (e.g. loading/unloading, clean-up, etc.), administrative office personnel,
costs of offices and temporary facilities including office materials, office supplies, office
equipment, minor expenses, utilities, fuel, sanitary facilities and telephone services at the
site, costs of liability insurance premiums not included in labor burdens for direct labor
App’d 7/20/2022 APP-30 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
Appendix 9 – CM@Risk & JOC
costs, costs of bond premiums, costs of consultants not in the direct employ of Contractor or
Subcontractors, fees for permits and licenses.
4.2 General Conditions Costs may be paid on a percentage of the Agreement Price or on a
lump/stipulate sum basis as set forth in the Agreement. All costs included in the General
Conditions Costs will not be separately invoiced to or paid by City.
4.3 The total amount of General Conditions Costs for the Work may be divided by the number of
days allowed for performance of the Work, to determine a fixed daily rate for General
Conditions Costs that may be used in computing the General Conditions Costs allocated to any
period of time, or for any adjustments in the General Conditions Costs agreed to in
writing by City.
App’d 7/20/2022 APP-31 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
General Conditions
Appendix 10
LANDSCAPE ESTABLISHMENT PERIOD
Section 1 – Description and General
Contractor is in direct control of work performed under the Landscape Establishment Period. If work is
subcontracted, a representative of the Contractor will be present at the site of the work for all hours
that the subcontractor works. Subcontracting of Landscape Establishment work will be permitted for
weed eradication with herbicides, because of special licensing. A licensed temporary service may be
used to supply labor to Contractor if Contractor has received approval from City Representatives.
Contractor will submit the required subcontract documentation.
Contractor must provide adequate personnel to accomplish the required maintenance of the plant
materials at intervals acceptable to City Representatives.
If not healthy at the end of the maintenance period, the maintenance must be continued until the plant
material is approved by City.
1.1 Time and Schedule
Unless otherwise expressly agreed to in writing by City, the Landscape Establishment Period will be
per General Conditions Section 6.5.4.
1.2 Planted Stock and Seeding Establishment
1.2.1 Tree planting and staking must be per City of Chandler Standard Detail C-801.
1.2.2 All trees will stand erect on their own without stakes when brought to this site. If the tree
cannot stand on its own when nursery stakes are removed, the tree will be removed and
replaced.
1.3 Pre-Emergent Herbicide and Weed Control
1.3.1 Contractor will provide three applications of an approved pre-emergent herbicide on all
unpaved areas of the project, as directed by City Representatives, to control weed growth in
all areas of the project. The number of applications may be increased as directed by the City
Representative, and at no additional cost to City, if the City Representative deems additional
applications are required to control weed growth.
1.3.2 Application sequence will be approved in advance by City. The first application of pre-
emergent will be completed prior to the application of Decomposed Granite and will be
included with the cost of the Decomposed Granite as specified and part of the Construction
Phase portion of work. The second application of pre-emergent will be completed after
installation of the Decomposed Granit and no later than half-way through the Landscape
Establishment Period. The third and final application of pre-emergent will be applied 15 days
prior to completion of the Landscape Establishment portion of the project. The second and
third pre-emergent applications will be included with the cost of Landscape Establishment.
Watering will be completed in accordance with the manufacturer’s recommendations, as
included and as related to each application.
1.3.3 The pre-emergent herbicide will be applied in accordance with the Technical Specifications
and the recommendations of the pre-emergent herbicide manufacturer, as approved by City
Representatives.
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General Conditions
Appendix 10
1.3.4 The control of weeds will be accomplished by the use of herbicides. Manual removal of weeds
will be required, after herbicides have taken affect.
1.3.5 Contractor is responsible for the removal and disposal of all trash and debris that during the
Landscape Establishment Period. Contractor will keep the project in a neat and orderly
manner during the duration of the Landscape Establishment Period.
1.4 Water
The water used during Landscape Establishment to properly maintain the plant material will be
furnished by City, at designated sources from within the project limits, at no charge to Contractor.
Contractor will be responsible for all equipment, materials and labor necessary to load, transport and
unload water for watering purposes.
1.5 Plant Material Replacements
The plant material replacement will be considered as included in the work for Landscape
Establishment, and will be made at no charge to the City.
1.5.1 Shrub and Plant Replacement - During the second half of the Landscaping Establishment
period, Contractor will provide, where required, plant replacements as follows:
Original Size Replacement Size
1 gallon 5 gallon
5 gallon 15 gallon
15 gallon 24-inch box
36-inch box 48-inch box
1.5.2 Tree Replacement – During the second half of the Landscape Establishment Period,
Contractor will provide plant material replacements for existing plants that die as follows:
Existing Plant Material Sizes Replacement Size
Trees:
2-inch Caliper 24-inch box
4-inch Caliper 36-inch box
6-inch Caliper and greater 54-inch box
Shrubs:
All Existing Shrubs 15 gallon
1.6 Measurement and Payment
See Technical Specifications for Measurement Payment provisions.
App’d 7/20/2022 APP-33 of 33

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
EXHIBIT C
TECHNICAL SPECIFICATIONS
Project Name: Alley Rehab Dust Emissions Phase III
City Project No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
Rev. 1/15/2026 C-1

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alley Rehab Dust Emissions Reduction III
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
ALLEY REHAB DUST EMISSIONS REDUCTION PHASE III
FMA 6, 24, 26, and 27
CITY OF CHANDLER PROJECT NO. ST2310.401
FEDERAL ID CHN-0(256)D
ADOT PROJECT NO. T0555(01C)
TECHNICAL SPECIFICATIONS
PREPARED FOR:
CITY OF CHANDLER
PUBLIC WORKS & UTILITES
CAPITAL PROJECTS
PREPARED BY:
OLSSON
DATE: February 9, 2026
1

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alley Rehab Dust Emissions Reduction III
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
TABLE OF CONTENTS
GENERAL PROVISIONS 1
PUBLIC INVOLVEMENT: 1
PARKS AND SCHOOLS: 1
PART A: BID ITEMS 1
ITEM NO. 01 EROSION CONTROL (SWPPP PREPARATION, INSTALLATION,
MAINTENANCE, AND REMOVAL) 2
ITEM NO. 02 MOBILIZATION/DEMOBILIZATION 2
ITEM NO. 03 MILLING PREPARATION 3
ITEM NO. 04 MILL ALLEYWAY, SIX (6) INCHES 4
ITEM NO. 05 SUBGRADE PREPARATION 5
ITEM NO. 06 ASPHALT MILLINGS (PREPARED, HAULED, & PLACED), SIX (6) INCHES 5
ITEM NO. 07 ASPHALT EMULSION (FOG SEAL) 7
ITEM NO. 08 ADJUST MANHOLE FRAME & COVER, MAG DET 422 AND COC DET C-401 8
ITEM NO. 09 ADJUST VALVE BOX & COVER, MAG DET 391-1 OR DET 391-2 AND COC
DET C-307 8
ITEM NO. 10 ADJUST WATER METER BOX & COVER 9
ITEM NO. 11 REMOVE AND REINSTALL SIGN 10
ITEM NO. 12 TRAFFIC CONTROL 10
ITEM NO. 13 MATERIAL AND DENSITY TESTING 11
ITEM NO. 14 PRE-CONSTRUCTION VIDEO OF ALLEYWAY CONDITIONS 12
ITEM NO. 15 REMOVE TRASH CANS FROM ALLEY 13
ITEM NO. 16 PURCHASE MILLINGS FOR ALLEYWAY 14
ITEM NO. 17 UTILITY POTHOLING AND COORDINATION 14
ITEM NO. 18 ARCHAEOLOGICAL PROJECT MONITORING 15
ITEM NO. 19 OWNERS ALLOWANCE (UNFORESEEN CONDITIONS) 16
ENVIRONMENTAL MITIGATION MEASURES [IF APPLICABLE] 18
PERMITS 18
COOPERATION WITH UTILITIES 20
COOPERATION BETWEEN CONTRACTORS AND OTHER AGENCY PROJECTS 25
NOTIFICATION TO PROPERTY OWNERS 25
2

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
GENERAL PROVISIONS
PUBLIC INVOLVEMENT:
The contractor shall designate an individual on the contractor’s staff to act as the
community relations contractor representative. This individual shall attend or contribute
the following program elements unless otherwise approved by the Engineer:
(A) Provide input and review on public outreach materials including, but not
limited to, newsletters, fliers, door hangers, e-newsletters, advertising, and
news releases; and
(B) Weekly updates to the public involvement consortium.
(C) Notify residents where an “alley” is their main point of ingress/egress within
72 hours of commencing work. This may include placement of fliers/door
hangars generated by the Public Outreach Consultant. Phase alley work to
allow for ingress/egress points for impacted residents.
No measurement or direct payment will be made for the contractor’s participation in public
involvement activities as noted above, the cost being considered included.
PARKS AND SCHOOLS:
The contractor shall not park or stage any construction equipment or employee vehicles
in Parks or Schools.
The contractor shall not block any access - including sidewalks, driveways and roads - to
Parks or Schools.
PART A: BID ITEMS
The following items, though not a comprehensive list, are non-payment items being
considered incidental to the project, the costs of which are to be included within other bid
items:
Saw cutting
Concrete curb and gutter transition, MAG Std. Det. 221
Curb transition, MAG Det. 220-2 and 221
Contractor’s site office or yard.
Roadway sweeping
1

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
Any and all permits - preparation costs and permit fees
Protective fencing or plating for open trenches
Photographing and videotaping of the project (except Pre-construction video)
Preparation of record drawings
Temporary pavement as required for all pipeline and underground work
Removal of existing landscape irrigation pipe, tubing, and equipment
Removal of vegetation and other objectionable material
ITEM NO. 01 EROSION CONTROL (SWPPP PREPARATION, INSTALLATION,
MAINTENANCE, AND REMOVAL)
Description:
The work under this item will consist of furnishing all materials, labor, and equipment
necessary to prepare the Storm Water Pollution Prevention Plan (SWPPP) plan, furnish,
install, maintain and remove (if applicable) erosion control best management practices as
directed by City Representatives.
Materials:
All materials will conform to the requirements of ADOT Standard Specifications Section
810-2.
Construction Requirements:
All work under this item will be completed in conformance with the Project Plans and all
applicable City, County, State, and Federal regulations.
Measurement and Payment:
Erosion Control (SWPPP Preparation, Installation, Maintenance, and Removal) will be
measured as a single complete unit of work and paid at the contract lump sum price,
which price will be full compensation for the work described herein and complete in place.
No payment will be made for rejected best management practices, for maintenance after
a storm event, or for damage by the Contractor. No allowance will be made for extra
material used in overlapping at splice joints.
ITEM NO. 02 MOBILIZATION/DEMOBILIZATION
Description:
The work under this item will consist of furnishing all materials, labor, and equipment
necessary to conform to MAG Uniform Standard Specifications Section 109.10.
2

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
Measurement and Payment:
Mobilization/Demobilization will be measured as a single complete unit of work and paid
at the contact lump sum price, which price will be full compensation for the work, complete
in place.
ITEM NO. 03 MILLING PREPARATION
Description:
The work under this item shall consist of removing weeds and vegetation and grading the
alleyways prior to milling the alleyways. This grading will establish final elevations of the
alley surface to be used as a reference for determining the depth of milling as described
in Item No. 04. Maps of the project work sites are included in the project plans.
Construction Requirements:
Prior to grading the alleyways, garbage cans and bulk garbage shall be removed from the
alley. Garbage cans shall be removed by the contractor as described in Item 14 while City
forces will remove bulk garbage and trim overhanging trees and bushes. The Contractor
shall remove all weeds in the alleyway by mechanical means per MAG Standard
Specifications, Section 201. The grading shall result in a uniform continuous straight cross
section grade from property line to property line as shown in the alleyway cross-sections
included in the project plans. Protect in place existing utility poles, pedestals and other
above ground features located within the alleyways including adjacent fences. Damage
caused by contractor negligence shall be repaired back to the original condition by the
contractor at no additional expense to the City. Manholes, valves, and meters will be
adjusted to grade per Items 8, 9 and 10.
Measurement:
Grading of the alleyways will be measured by the square yard of surface area for each
square yard of alleyway that is acceptably graded.
Payment:
The accepted quantity of Milling Preparation, measured as provided above, will be paid
for at the contract unit price per square yard, complete in place. Payment shall include
removal of weeds and vegetation, excavation, embankment, grading, and hauling.
There shall be no separate measurement or payment made for haul off or material
disposal, the cost being considered included.
3

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
ITEM NO. 04 MILL ALLEYWAY, SIX (6) INCHES
Description:
The work under this item shall consist of milling the alleyways down to the subgrade in
preparation for placement of the millings. Maps of the project work sites are included in
the project plans.
Construction Requirements:
Construction Requirements shall be as described in MAG Uniform Standard
Specifications Section 317, and these Technical Specifications.
Prior to milling as described in the item, the contractor shall complete milling preparation
as described in Item 03.
Alley or alley right-of-way shall be cut to grade using a rotary asphalt-milling machine
equipped with a conveyor belt which can load milled material directly into dump trucks.
The contractor shall excavate approximately 6” below the graded surface (Item 03) to a
width as shown in the typical alleyway cross-sections included in the plans, as approved
by the Engineer or by a Contract Administrator/designee. At locations where there is no
fence or wall and existing pavement in the adjacent property extends to the alleyway right-
of-way line, milling shall extend to the adjacent concrete or asphalt pavement. Adjacent
asphalt pavement shall be sawcut. Milling will also extend to the concrete sidewalk or
alley entrance at the ends of the alleyways. The use of a scraper to perform the milling
work is prohibited.
The milled alley waste material shall become the property of the contractor. The
contractor shall haul off and dispose of this material.
For milling operations, a minimum of 3 sweepers and 2 water trucks must be present
within the segment where work is taking place to ensure resident roadways stay clean
and clear from dirt and debris throughout the duration of operations.
A milled alley must not be left open to the elements for longer than 24 hours, otherwise,
pumping of ponding water will be required and the surface will need to be re-inspected
for approval to proceed with the placement of asphalt millings.
Clearly mark all manholes prior to milling operations and they shall be protected in place.
For any debris that is milled into the manhole, the line will be jetted, and a camera will
take a video of the line to verify the utility line is clean and clear. Submit a copy of the
video to the Engineer.
Measurement:
Milling of the alleyways will be measured by the square yard of surface area for each
square yard of alleyway that is acceptably milled.
4

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
Payment:
The accepted quantity of Mill Alleyway, Six (6) Inches, measured as provided above, will
be paid for at the contract unit price per square yard, complete in place. Payment shall
include excavation, embankment, grading, and hauling.
There shall be no separate measurement or payment made for haul off or material
disposal, the cost being considered included.
ITEM NO. 05 SUBGRADE PREPARATION
Description:
The work under this item will consist of furnishing all materials, labor, and equipment
necessary for the grading and construction of the subgrade as specified in the Project
Plans.
Construction Requirements:
Subgrade Preparation will comply with MAG Standard Specifications Section 301 in its
entirety, except as modified herein.
Measurement:
Subgrade Preparation will be measured per square yard.
Payment:
The accepted quantity of Subgrade Preparation, measured as provided above, will be
paid for at the contract unit price per square yard, which price will be full compensation
for the work, complete in place.
ITEM NO. 06 ASPHALT MILLINGS (PREPARED, HAULED, & PLACED), SIX (6)
INCHES
Description:
The work under this item shall consist of furnishing all labor, and equipment necessary
for the hauling, placement and construction of the asphaltic concrete millings, and
compaction of the asphaltic concrete millings as specified in the Project Plans.
Procurement of asphalt milling materials shall be included in Item 16.
5

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
Construction Requirements:
The excavated alley subgrade per Item 05 shall be compacted to 95% by the contractor
as described in Maricopa Association of Governments (MAG) Standard Specification
Section 301.
The contractor shall process asphalt millings with water until optimum moisture content is
achieved (approximately 7%). Contractor shall load, transport, place, process, water,
grade, compact and fog seal (Item 07) the alley asphalt millings. The contractor shall
place the millings in a uniform manner using a self-propelled asphalt lay down paving
machine. The asphalt milling material shall not consist of reclaimed asphalt pavement
(RAP), asphalt rubber pavement, asphalt rubber friction courses (ARACFC) or other types
of gap graded friction courses (ACFC).
The finished asphalt millings shall be compacted to 100% relative density by the
contractor as described in MAG Standard Specification 310, or until compaction has met
its optimum density as approved by the Engineer or by the Contract
Administrator/Designee using typical rolling patterns. All water valves, gas valves,
manhole lids, survey monuments, water meters, etc. shall be protected, adjusted to grade
and collared in concrete when existing or required by Contract Administrator/designee.
Survey monuments shall be re-established and referenced by a Registered Land
Surveyor (RLS). The RLS shall reset and punch the survey monuments. contractor shall,
at their cost, replace all property, materials or equipment both private and public that is
destroyed, damaged, ruined or left contaminated as a result of this work.
Measurement:
Asphalt Millings (prepared, hauled, & placed), Six (6) Inches, will be measured by the
square yard of surface area for each square yard of alleyway for which the work is
accepted, including millings being hauled, placed, and compacted.
Payment:
The accepted quantity of Asphalt Millings (prepared, hauled, & placed), Six (6) Inches,
measured as provided above, will be paid for at the contract unit price per square yard,
complete in place.
There shall be no separate measurement or payment made for material hauling, the cost
being considered included.
There shall be no separate measurement or payment made for survey or reestablishment
of survey monuments, the cost being considered included.
6

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
ITEM NO. 07 ASPHALT EMULSION (FOG SEAL)
Description:
The work under this item shall consist of furnishing all materials, labor, and equipment
necessary to apply a bituminous fog coat sealant on top of the placed asphalt millings or
existing asphalt concrete pavement as specified in the project plans or as directed by City
Representatives.
Materials:
Materials shall be as described in Section 713 of the MAG Standard Specifications, and
in these Special Provisions, or as approved by the Engineer or by a Contract
Administrator/designee.
The alley asphalt millings and existing alleyway asphalt pavement shall be sealed with a
fog seal coat (SS-1h, CSS-1h or CQSH or approved equal or approved superior product)
by the contractor as outlined in MAG 333 and 713 standard specifications, or as specified
by the Street Division.
The typical flow rate for sealing asphalt millings shall be 0.25 gallons per square yard,
diluted (0.20 to 0.30 gallons per square yard). The typical flow rate for sealing existing
alleyway asphalt concrete pavement shall be 0.10 gallons per square yard, diluted (0.08
to 0.12 gallons per square yard).
Construction Requirements:
Construction methods shall be as described in Section 404 of the ADOT Standard
Specifications, Section 333 of the MAG Standard Specifications, and in these Special
Provisions, or as approved by the Engineer or by a Contract Administrator/designee.
Blotter material is not anticipated for this project.
Measurement:
Asphalt Emulsion (fog seal) shall be measured by the diluted gallon.
Payment:
The accepted quantity of Asphalt Emulsion (fog seal), measured as provided above, will
be paid for at the contract unit price, which price shall be full compensation for the item,
complete-in-place.
7

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
ITEM NO. 08 ADJUST MANHOLE FRAME & COVER, MAG DET 422 AND COC
DET C-401
Description:
The work under this item will consist of furnishing all materials, labor, and equipment
necessary to adjust existing manhole frames and covers to match the final surface grade
at all locations as specified in the Project Plans including application of corrosion-
protective coating system on all installed concrete adjustment rings.
Materials:
Materials will conform to MAG Detail 422 and COC Detail C-401.
Adjustment rings shall be only approved Ladtech, Inc HDPE composite rings per the City
of Chandler Approved Products List.
Corrosion-protective coating system materials are not required since most of the
manholes are brick. Apply an insecticide coating instead.
Construction Requirements:
The work under this item will comply with MAG Detail 422 and COC Detail C-401 in their
entirety.
All concrete adjustment rings installed will have a corrosion-protective coating applied
with the application completed in accordance with the manufacturer’s specifications and
City of Chandler’s specifications on file.
Measurement and Payment:
Adjust Manhole Frame & Cover will be measured as a unit for each and will be paid for
at the contract unit price each, which price will be full compensation for the work, complete
in place.
No additional payment will be made for the supply and application of corrosion-protective
coating system on all installed adjustment rings; the cost being considered incidental to
this item.
ITEM NO. 09 ADJUST VALVE BOX & COVER, MAG DET 391-1 OR DET 391-2
AND COC DET C-307
Description:
The work under these items will consist of furnishing all materials, labor, and equipment
necessary to reset frames and covers for existing water and reclaimed water valve boxes
and covers and gas valves at all locations as specified in the Project Plans.
8

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
Materials:
All materials will conform to MAG Details 270, 391-1 and 391-2 and COC Detail C-307.
Valve lids shall be Tris-Skirt style by Sigma or approved equal per the City of Chandler
Approved Products List.
Construction Requirements:
Comply with, MAG Details 270, 391-1 and 391-2, and COC Details C-307 and C-317, in
their entirety, including all City of Chandler supplements except as modified herein.
Measurement and Payment:
Adjust Valve Box & Cover will be measured as a unit for each and will be paid for at the
contract unit price each, which price will be full compensation for the work, complete in
place.
ITEM NO. 10 ADJUST WATER METER BOX & COVER
Description:
The work under this item will consist of furnishing all materials, labor, and equipment
necessary to adjust frames and covers for existing water meters to match the final surface
grades at locations as specified in the Project Plans.
Materials:
Use existing materials unless the existing meter box and cover are damaged. The
Contractor will notify the Contract Administrator/designee and identify the location of the
damaged meter box and cover. City forces will replace the meter box and cover as
necessary. All materials will conform to MAG Details 319 or 320 and COC Detail C-301-
1.
Construction Requirements:
Comply with, applicable sections of MAG Standard Specification Section 345, including
all City of Chandler supplements except as modified herein.
Measurement and Payment:
Adjust Water Meter Box & Cover will be measured as a unit for each and will be paid for
at the contract unit price each, which price will be full compensation for the work, complete
in place.
9

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
ITEM NO. 11 REMOVE AND REINSTALL SIGN
Description:
The work under this item consists of furnishing all equipment, labor, and materials
necessary to remove and reinstall existing signs at locations as specified in the Project
Plans or directed by City Representatives.
Construction Requirements:
The Contractor will be responsible for removing, storing, and reinstalling the identified
existing signs, and if necessary, removing the existing sign foundation, signpost,
hardware and appurtenances and reinstalling sign to a new sign post and foundation or
light pole with new hardware and appurtenances.
The work under this item will comply with MAG Standard Specifications Section 350 and
City of Chandler Standard Detail C-613.
Prior to the removal of signs, the Contractor will make arrangements for the City
Representative to inspect all signs to be removed. Any signs deemed not salvageable,
as determined by the City Representative, will be disposed of by the Contractor at his
expense. Any signs damaged during removal or storage will be replaced by the
Contractor at no cost to the City.
Measurement and Payment:
Remove and Reinstall Sign will be measured as a unit for each and will be paid for at the
contract unit price each, which price will be full compensation for the work, complete in
place.
No additional payment will be made for new hardware, appurtenances, signpost,
foundation, backfill, compaction or disposal, the cost being considered incidental to this
item.
ITEM NO. 12 TRAFFIC CONTROL
Description:
The work under this item shall consist of furnishing all equipment, labor, and materials
necessary to provide safe and efficient passage through and/or around the work and to
protect workers in or adjacent to the work zone. Work also includes installing vertical
panels with lights to mark temporary locations of garbage cans removed from the
alleyway and placed on the adjacent streets or cones placed on cul-de-sacs.
Materials:
10

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
Materials shall be as described in Section 701 of the ADOT Standard Specifications.
Construction Requirements:
Traffic Control is per City’s General Conditions and MAG Uniform Standard Specifications
for Public Works Construction, Section 401 “TRAFFIC CONTROL”.
All traffic control and traffic control plans shall be submitted by the contractor to City’s
Transportation & Development Department for approval before any work can progress.
Measurement:
Traffic control shall be measured as a single unit of work.
Payment:
Traffic control will be paid for at the contract lump sum price, which price shall be full
compensation for the item, complete-in-place.
ITEM NO. 13 MATERIAL AND DENSITY TESTING
Description:
The work under this item shall consist of furnishing all equipment, labor, and materials for
testing materials used on-site in the construction.
Materials:
Materials shall be as described in these Special Provisions, or as approved by the
Engineer.
Construction Requirements:
Construction methods shall be as described in Sections 106 and Sections 404 of the
ADOT Standard Specifications, and Section 106 of the MAG Standard Specifications, or
as approved by the Engineer or by a Contract Administrator/designee.
Measurement:
Material and Density Testing shall be measured as a single complete unit of work,
accepted and in-place.
11

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
Payment:
The accepted quantity of Material and Density Testing, measured as provided above, will
be paid for at the contract lump sum price, which price shall be full compensation for the
item, complete-in-place.
ITEM NO. 14 PRE-CONSTRUCTION VIDEO OF ALLEYWAY CONDITIONS
Description:
The work under this item shall consist of video recording the existing alleyways to
establish their pre-construction condition including adjacent fences and walls and alley
entrances. A photo of each alleyway entrance shall be taken and include the alleyway
segment number and date the photo was taken. The existing alleyway features are based
on as-built plans, aerial photographs, site visit and photographs, and field surveys. It shall
be the contractor's responsibility to field-verify the existing conditions, and to take a pre-
construction video of the existing alleyways.
Materials:
The contractor shall make use of a digital video device capable of recording video of at
least 1080p resolution at a framerate of at least 24 frames per second (fps). The device
shall be capable of recording to at least one of the following formats: AVCHD, AVI, MKV,
MP4, MOV, or WMV. The device shall permit viewing or transfer of the video using a
standard USB-A cable, USB-C cable, Micro-USB cable, or other cable as approved by
the Engineer.
Construction Requirements:
All work under this item shall be completed in conformance with the Project Plans and all
applicable City, County, State, and Federal regulations. The contractor shall exercise care
so as to maintain the privacy of nearby residents. The contractor shall video the full length
of all alleyways to be rehabilitated. The contractor shall take measures to ensure the video
produced is in daylight, and not during weather conditions that would obscure the
alleyways (for example, precipitation events, dust storms, thunder, lightning).
For not less than three seconds at the beginning of each alleyway video, and again for
not less than three seconds at the end of each alleyway video, the video shall contain a
legible, identifying number so the alleyway being recorded may be reliably identified on a
map. This number may be placed in the video by way of someone holding up a sign or
paper with the number, or it may be added to the video electronically.
Within ten calendar days of the alleyways’ video(s) being completed, the contractor shall
provide electronic video(s) of the alleyways to the Engineer, or to the City Representative.
The video shall be in one of the six formats described earlier in this section and shall be
12

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
stored on a USB thumb drive, USB-powered hard drive, USB powered SSD drive, or
another similar device for which use the contractor and recipient of the video agree upon
in writing.
Measurement:
Pre-construction Video of Alleyway Conditions shall be measured as a single unit of work.
Payment:
The accepted quantity of Pre-construction Video of Alleyway Conditions, measured as
provided above, will be paid for at the contract lump sum price, which price shall be full
compensation for the item, complete in place. No allowance will be made for time, nor
delays due to inclement weather.
No separate payment will be made for the video recording device, the cost being
considered included.
ITEM NO. 15 REMOVE TRASH CANS FROM ALLEY
Description:
The work under this item will consist of furnishing all materials, labor, and equipment
necessary to remove City owned trash cans from alleyways in the project area at all
locations as specified in the Project Plans to temporary adjacent street locations in front
of the houses and return them to the same location after construction is complete.
Construction Requirements:
Before removing any trash cans from the alley, the contractor shall verify that no utilities
are in conflict with construction of improvements. Prior to alleyway grading and paving,
the contractor shall remove garbage cans and dumpsters from locations in the alley to
locations on adjacent streets in front of the houses or businesses as directed by the
Engineer. The contractor shall exercise care when handling the garbage cans such that
the cans are not damaged. Garbage cans damaged by the contractor due to negligence
shall be replaced by the contractor at no expense to the City. The contractor shall
minimize the duration that the garbage cans are on the adjacent street. Only one segment
(1, 2, 3, or 4) at a time can have garbage cans temporarily located on the adjacent streets.
Prior to any work commencing in the alleyways, the City will trim all overhanging trees
and remove bulk garbage from the alleys. After alleyway construction is complete, the
contractor shall place the garbage cans back where they were originally. Contractor shall
use the pre-construction video or other methods to document the original locations.
Measurement:
Remove Trash Cans from Alley shall be measured as a single unit of work.
13

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
Payment:
The accepted quantity of Remove Trash Cans from Alley, measured as provided above,
will be paid for at the contract lump sum price, which price shall be full compensation for
the item, complete in place. Partial payment by segment may be requested when garbage
cans are returned to the alley as follows: Segment 1 – 64%, Segment 2 – 1%, Segment
3 – 15%, Segment 4 – 20% of the total lump sum price. No allowance will be made for
time, nor delays due to inclement weather.
ITEM NO. 16 PURCHASE MILLINGS FOR ALLEYWAY
Description:
The work under this item will consist of purchasing asphalt milling material from a vendor
ensuring that the requirements of these Technical Specifications, including size of
aggregates are met.
Materials:
The asphalt millings will be installed by the contractor as described in Item 6. No City
sources for millings are anticipated, and none will be made available for the project. The
millings to be supplied by the contractor shall not be larger than materials that pass freely
through a 3/4” crusher screen. Approximately 6” thick of compacted asphalt millings shall
replace the excavated waste material in the alleys.
Measurement:
Purchase Millings for Alleyway will be measured by the ton.
Payment:
The accepted quantities of Purchase Millings for Alleyway, as measured as provided
above, will be paid for at the contract unit price per ton, which price will be full
compensation for the work, excluding hauling, placement and compaction.
ITEM NO. 17 UTILITY POTHOLING AND COORDINATION
Description:
The work under this item will consist of all labor, equipment, and materials necessary to
pothole existing utilities within the alleys of the project area and coordinate with utility
companies to the determine the location of utility lines and any relocation required for the
project. All utility lines must be at least 2 feet below the existing ground surface. The
Contractor shall pothole utility lines and verify that no utilities are in conflict with
construction activities.
14

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
When it is determined that utility lines need to be lowered or otherwise relocated, the
contractor will coordinate the relocations with the utility company under an emergency
request prior to the start of any grading or paving work.
Potholing work shall conform to applicable portions of MAG Uniform Standard
Specifications Section 355. Potholing shall extend to the top of the utility or a maximum
of 3 feet below the existing surface if the utility is not found.
Measurement:
Utility Potholing and Coordination will be measured as a single unit of work.
Payment:
Payment for Item No. 16, Utility Potholing and Coordination will paid for at the contract
lump sum price, which price will be full compensation for the work, complete including
coordination.
ITEM NO. 18 ARCHAEOLOGICAL PROJECT MONITORING
Description:
The purpose of this Allowance is to provide a funding source for marking of archaeological
sites that may be present nearby or within the project limits, as determined by a qualified
archaeological monitor and as approved by the engineer.
Contract reimbursement from this Owners Allowance (in whole or in part) is not ensured.
Contractor shall not anticipate, nor plan, for the amount from this Allowance to be included
in the total contract amount as part of this project.
A professional archaeologist will monitor all ground disturbing activities including
potholing and utility relocation that occur within 50 ft of two projected prehistoric canal
alignments in Segment 3 at Alleyways #7, 10, and 9. Monitoring is not needed in the canal
vicinity during alleyway surface preparation and paving activities.
Materials:
The contractor shall furnish a minimum of one hundred (100) T-posts for monitoring. T-
posts shall be a minimum of four feet in length.
The contractor shall furnish rope for monitoring areas. The rope shall be in a high-contrast
color such as pink or orange, or as approved by the Engineer, and shall have a minimum
diameter of three eights (3/8) of an inch.
15

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
Construction Requirements:
The contractor shall contact the Engineer at least 10 (ten) business days prior to ground
disturbing activities in Segment 3, Alleyways 7, 10 and 9 and provide qualified
archeological personnel to monitor and be present during construction. No ground
disturbing work shall occur in this area without the monitor present. Monitoring shall
comply with the Monitoring Procedures contained in the Monitoring and Discovery Plan
for the City of Chandler’s Alleyway Rehabilitation PM10 Dust Emissions Reduction 3
Project, dated February 2025. No archaeological monitor is required during placement of
millings or surface treatments.
The contractor shall provide an archaeological monitor who meets the Secretary of the
Interior’s Professional Qualifications for Archaeology (36 CFR Part 61) and who is listed
as a Principal Investigator (PI) on ASM-issued AAA permits, or is responsibly charged by,
a principal investor.
Prior to ground-disturbing work starting, the archaeological consultant will provide the
construction contractor with maps of the monitoring areas and spray paint the locations
for monitoring in the field.
The Engineer and the qualified archaeological monitor shall inspect the marked areas
within 24 hours after any storm evert of 0.25 inches or more. The contractor shall replace
paint the inspection reveals to be damaged or missing.
Measurement:
Item No. 18, Archaeological Project Monitoring, will be measured as approved and
directed by the Engineer. The quantity of the corresponding items shall not exceed the
agreed upon quantities provided in the written permission from the Engineer.
Payment:
The accepted quantity of Item No. 18, Archaeological Project Monitoring, measured as
provided above, will be made on an incremental basis from this Allowance in accordance
with the requirements of the City of Chandler General Conditions Article 9.
No separate measurement or payment will be made for paint or for maintenance after a
storm event, the cost being considered included.
ITEM NO. 19 ADJUST OR RAISE RESIDENTIAL GATES
The purpose of this Allowance is to provide a funding source for any adjusting or raising
residential gates if in conflict with newly paved alleys as approved by the Engineer. The
Contractor shall be reimbursed for the associated costs of this additional unforeseen
work.
16

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
ENVIRONMENTAL MITIGATION MEASURES
Full Environmental Report available upon request.
The Contractor will comply with the following environmental mitigation measures. The
cost of complying with the environmental mitigation measures will be considered
incidental to other project bid, including, but not limited to burrowing owls and other
migratory birds. Note that references to Engineer in the mitigation measures below
implies City Representatives.
“The project mitigation measures are not subject to change without written
approval from ADOT Environmental Planning. The Contractor shall follow all the
requirements of the permits specified herein and comply with the project special
provisions as well as the MAG Uniform Standard Specifications for Public Works,
as well as all applicable local environmental requirements.”
The following contractor’s mitigation measures, permits and guidelines (as applicable)
are included.
• The contractor shall contact the ADOT Environmental Planning Historic
Preservation Team (602.291.8540) or the Environmental Commitments
Coordinator (520.449.1985) at least 10 (ten) business days prior to the start of
ground-disturbing activities to arrange for qualified personnel to monitor and be
present during construction. ADOT’s Environmental Planning – Historic
Preservation Team will provide contact information on the qualified archaeological
consultant to the Contractor for their records. ADOT’s Environmental Planning -
Historic Preservation Team will contact the qualified archaeological consultant
regarding the project start date and provide Contractor information.
• The Contractor shall coordinate via email or phone with the qualified
archaeological consultant and communicate the construction schedule for the
duration of ground disturbing work in those areas where monitoring is needed.
• No excavation and/or potholing activities shall take place within the following
designated sensitive cultural resource areas within the project area without the
presence of a qualified archeological monitor:
o Segment 3 Alleyway 3-7
o Segment 3 Alleyway 3-10
o Segment 3 Alleyway 3-9
PERMITS
The Contractor will comply with the requirements of MAG Standard Specifications
Sections 107.2 except as modified herein.
18

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
The Contractor will obtain all permit(s) required to construct the project, including but not
limited to:
• AZPDES 402 – ADEQ Construction General Permit (SP 104.09 SWDEQ)
City Administrative Use Permits
The Contractor will pay and obtain City permit(s) required for construction trailer and
temporary facilities. No separate payment will be made for this permit; the cost being
considered as included in the price of other contract items.
Maricopa County Permits
The Contractor will pay and obtain Maricopa County permit(s) required for traffic control
within their jurisdiction. No separate payment will be made for this permit; the cost being
considered as included in the price of other contract items.
Air Quality Permit
The Contractor will obtain a Maricopa County Air Quality Permit for this project. The
Contractor will be required to prepare a comprehensive fugitive dust control plan, in
accordance with the guidelines established in Rule 310 of Maricopa County Regulation
III, Control of Air Contaminants. The Contractor will complete and submit the control plan
with the permit application and obtain approval from the County prior to any activities
which may produce dust pollutants.
No separate payment will be made for the preparation, implementation of the fugitive dust
control plan, or permit fees, the costs being considered as included in the price of contract
items.
Erosion Control Permit
The Contractor will submit the Arizona Pollutant Discharge Elimination System Notice of
Intent (NOI) and the Notice of Termination (NOT) to the Arizona Department of
Environmental Quality. The Contractor and the City Representatives will jointly review the
Stormwater Pollution Prevention Plan (SWPPP) prior to submission of the NOI and prior
to the start of work. The SWPPP will be maintained throughout the duration of the project
in accordance with the APDES requirements and a current version will be available at all
times at the project site.
No separate payment will be made for the preparation, implementation of the SWPPP, or
permit fees, the costs being considered as included in the price of contract items.
19

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
COOPERATION WITH UTILITIES
Coordination with the pertinent utility companies has been a part of the development of
this project. Construction activities will be coordinated and scheduled to incorporate the
following applicable utility construction activities:
• APS Underground and Overhead
• AT&T
• Lumen (CenturyLink)
• City of Chandler Water and Sewer
• Cox Communications
• GIGAPOWER
• MCI/Verizon
• Southwest Gas
• SRP Power Underground and Overhead
• SRP Water
The following telephone numbers should put the Contractor in contact with the proper
personnel for coordination:
UTILITY E-MAIL
COMPANY CONTACT PHONE
Ronnie Ronnie.gandara@aps.com
APS Gandara 602-320-7069
AT&T Eric Nowicki 480-510-8107 EN3010@att.com
Kevin Wagner kwagner@terratechllc.net
Lumen (Terra
(CenturyLink) (P- Technologies
483979 AZ) LLC) 815-245-9640
Jacob Jacob.horsman@cox.com
Cox Horsman 480-869-1978
Communications Melinda Melinda.hileman@cox.com
(CR-889656) Hileman 480-417-9185
Zack
Southwest Gas Stevenson 480-730-3855
Juan.vasquez@gigapower.co
GIGAPOWER Juan Vasquez 480-560-5434 m
MCI/Verizon Ryan.kann@verizon.com
(2601DNYG) Ryan Kann 623-306-0821
Salt River Project – Christy.baltrus@srpnet.com
Power Distribution
(LJ112942) Christy Baltrus 602-236-3112
Salt River Project – Michael 602-236-5664
20

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
Water (License # Doughty 602-809-1304
2500639)
City of Chandler Gina Ishida- Gina.ishida-
Water and Sewer Raybourn 480-782-3684 raybourn@chandleraz.gov
Regardless of the means and methods utilized during the construction of the work, the
Contractor will protect all existing utilities during construction. Any damages to the
existing utilities resulting from the scope of work, will be the repaired and paid for by the
Contractor. The Contractor will follow all AZ811 and state laws regarding the protection
of utilities during construction.
It will be the Contractor’s responsibility to determine the exact location of the utilities prior
to any construction operations and to notify the above-mentioned utility companies at
least two working days prior to commencing any work on the project.
The following utility companies have facilities in the area, and are anticipated to be
in conflict:
Lumen (CenturyLink)
Lumen has facilities within the project limits. Lumen facilities (buried cables, ducts, aerial
cables, pedestals & handholes) may be impacted.
Based on Lumen mapping, street view imagery and the construction drawings the
following conflicts and/or potential conflicts should be addressed as part of this
construction project.
• Ducts, Buried Cables, Pedestals & Handholes with proposed alley improvements
with a medium probability of conflict (POC). Recommend protect in place.
If relocation is required due to construction activities Terra Technologies will perform a
preliminary search for easements along the corridor for reimbursement. Right of Way
research will be confirmed by Lumen to see if any easements exist.
In accordance with state law, Blue Staking for location of Lumen facilities must be
completed prior to any construction. When crossing Lumen facilities, the contractor will
be required to pothole to determine depth and maintain a minimum of 12 inch vertical and
horizontal separation from facilities.
Pursuant to state law, support and protection is required for all Lumen facilities during
construction.
Should the Contractor locate or expose an unknown Lumen facility, contact Lumen as
soon as possible.
21

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
City of Chandler
Water and sewer lines are within the project limits and are in conflict. Protect in place.
Adjust water valves box and cover per MAG Det 391-1 or Det 391-2 and COC Det C-307.
Adjust manhole frame and cover per MAG Det 422 and COC Det C-307.
The following utility companies have facilities in the area, but are not anticipated
to be in conflict:
Cox Communications
Cox finds that there is no conflict between the proposed Project and Cox Infrastructure
and/or communication facilities (buried facilities, aerial facilities, pedestals, and vaults)
within the identified area of Project construction or development. Cox facilities shall be
protected in place.
Contractor is solely responsible for complying with all utility laws (i.e. 811 Locate Services,
One Call, etc.) to verify the location of all utilities including Cox facilities, which may be in
the area of the Project.
Should project activities occur in the immediate vicinity of Cox Facilities, the Contractor
shall pothole and properly protect Cox’s Facilities. Cox requests that a minimum of 12
inches of vertical and horizontal separation from existing Cox Facilities be maintained at
all times.
Salt River Project – Distribution
SRP has underground electrical lines in the alleyways of Segments 3 and 4 based on
utility facility maps obtained from SRP. Junction boxes and pull boxes must not be paved
over and may require grade adjustments. Do not adjust to grade manholes or near
equipment without consulting SRP. Contact SRP Safety Services prior to construction in
order to avoid field conflicts @publicsafety@srpnet.com.
Salt River Project – Water
There are both SRP and private irrigation facilities in the project area. All irrigation facilities
in Segment 3 are privately owned and not SRP facilities. In addition, irrigation facilities in
the SW quadrant of Segment 1 and the south half of the SE quadrant of Segment 1 are
also privately owned. SRP has underground water lines and manholes in the alleyways
in the remaining area of Segment 1 and in Segments two and four based on utility facility
maps obtained from SRP. Irrigation pipe will be protected in place with 1 foot of
undisturbed native soil overtop and manholes will be protected in place and the lid will be
adjusted as needed per SRP standard details. Do not adjust to grade manholes or near
equipment without consulting SRP. Contact SRP Safety Services prior to construction in
22

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
order to avoid field conflicts @publicsafety@srpnet.com.
MCI/Verizon
There are underground conduits in Alleyways 1-71, 1-72, 1-92, and 1-93. MCI/Verizon
finds that there is no conflict between the proposed Project and MCI/Verizon
Infrastructure and/or communication facilities (buried facilities, handholes, pedestals, and
vaults) within the identified area of Project construction or development. MCI/Verizon
facilities shall be protected in place. The contractor shall be responsible for complying
with all utility locate laws (i.e. 811 Locate Services) to verify the location of all utilities
including Verizon facilities, which may be in the area of the Project. It will be the
contractor’s responsibility to conduct potholing and to properly protect Verizon’s facilities.
Verizon requests that a minimum of 12 inches of vertical and horizontal separation from
the existing Verizon facilities be maintained at all times. If relocations are required, please
allow a minimum of 90 days to facilitate any necessary relocations by Verizon once real
conflicts have been identified and approved. Handhole grade adjustments will be done by
Verizon.
GIGAPOWER
There are underground conduits in alleyways of the NE and NW quadrants of Segment 1
of the project area and in Segment 3. GIGAPOWER finds that there is no conflict between
the proposed Project and GIGAPOWER Infrastructure and/or communication facilities
(buried facilities, pedestals, and handholes) within the identified area of Project
construction or development. GIGAPOWER facilities shall be protected in place.
Southwest Gas
Southwest Gas (SWG) has determined that there are no apparent conflicts between the
Southwest Gas system and the proposed project.
There may be abandoned steel gas lines within the project limits that are potentially
coated or wrapped with unidentified materials. Southwest Gas treats all of its steel gas
pipe with unidentified coating/wrapping materials as potentially containing asbestos.
Accordingly, whenever such pipe is in direct conflict and requires removal, it must only be
done by one of Southwest Gas’ NESHAP certified contractors. Care must also be taken
when working near and exposing these lines. Please contact Southwest Gas in advance
to coordinate any removal.
Grading over existing natural gas pipelines causing potential conflicts. Actual conflicts
can be avoided by determining the exact location and elevation of the gas pipelines by
potholing and exposing the gas pipeline. Minimum cover over gas mains is 36 inches.
In addition, the Southwest Gas system has pipeline valves, line locating stations, test
points and underground vaults each with protective valve box lids and vault manhole
23

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
covers. These are designed to be flush with the existing ground. Under U.S. Department
of Transportation’s Pipeline Safety Regulations and Southwest Gas operating
procedures, these facilities are required to be accessible at all times.
Southwest Gas will paint yellow all protective valve box lids and vault manhole covers. It
will be the responsibility of the contractor to make sure these are protected during
construction. The contractor will be responsible for adjustments to all valve box lids and
vault manhole covers due to grading and paving per MAG Details 391.1 and 391.2.
Contact Southwest Gas Construction at Tempe Operations 480-730-3670 for
coordinating work and inspections. For emergencies, please call 602-271-GASS (4277).
Prior to beginning construction, the Contractor shall call Arizona Blue Stake at 1-800-782-
5348 for field locations of all utility facilities, pursuant to the “Blue Stake Law” (ARIZONA
REVISED STATUES (State Law), Chapter 2, Article 6.3, Sections 40-360.21 through 40-
360.32.
APS
APS has existing underground and overhead 12kV electrical lines in the alleyways of
Segments 1 and 2 based on utility facility maps obtained from APS. Underground electric
lines are minimum 24” of cover, underground equipment level with the ground within the
alley, Junction boxes at the edges of the alley (similar to COX and CenturyLink pedestals),
overhead equipment within the alley are wood/steel poles and down guys at the edges of
the alley. Protect in place all underground and overhead APS electrical equipment.
ATT
ATT has facilities within the project limits, but not in conflict. There are two 1.5” HDPE
conduits in Segment 1 in Alleyways 1-61 and 1-64.
The following utility companies do not have facilities within the project limits:
Railroad
Union Pacific Railroad has railroad tracks in Segment 2. These tracks are oriented north-
south located midway between Arizona Avenue and Hamiton Street. None of the
alleyways cross or are adjacent to these tracks so there is no railroad involvement for this
project.
City of Chandler Street Lights
Crown Castle
Kinder Morgan (El Paso Natural Gas)
Roosevelt Water Conservation District
Sprint
Zayo Group
24

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
City of Chandler Alleyway Rehab PM10 Dust Emissions Reduction 3
Project No. ST2310.401 (FMA 6, 24, 26, and 27)
Technical Specifications ADOT Project No. T0555(01C)
Federal ID CHN-0(256)D
COOPERATION BETWEEN CONTRACTORS AND OTHER AGENCY PROJECTS
Contractor will conform to the requirements of MAG Section 105.7 except as modified
herein.
The Contractor is advised that there will be construction activity by others adjacent to the
project site. The City of Chandler is planning to construct waterline improvements in the
streets near the project area in Segment 1. This will include removal of water meters and
valves and abandoning existing water lines in the Alleyways 1-67 through 1-70, 1-78, 1-
79, and 1-81 through 1-85 as shown on Sheet No. C4. The Contractor will coordinate the
work to accommodate the construction activities.
The Contractor will contact the City of Chandler, APS, SRP, Chandler Public School
District, ADOT, Maricopa County Department of Transportation (MCDOT), Flood Control
District of Maricopa County (FCDMC), and adjacent private development contractors to
verify other nearby projects in the vicinity of this project.
The Contractor is advised to schedule and coordinate all work activities and regional
transit so as not to adversely conflict with this work. The Contractor will be expected to
attend any monthly coordination meetings set up by other agencies or other prime
contractors working on adjacent projects to discuss coordination.
NOTIFICATION TO PROPERTY OWNERS
The Contractor will provide advance notice (at least 30 days) to residential and local
business property owners along alleyways within the project area when constructing
improvements adjacent to their property that may require action by a property owner to
remove, relocate, etc. existing features that impede construction by the Contractor. The
work in the alleyways may restrict access to homes and garages that have primary
vehicular access from the adjacent alleyway.
No separate payment will be made for providing advance notice, the costs being
considered as included in the price of other contract items. Any claims resulting due to
delay in providing sufficient notice by the Contractor will not be approved.
25

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
EXHIBIT D
GIS / GPS DATA DELIVERY REQUIREMENTS
N/A
Project Name: Alley Rehab Dust Emissions Phase III
City Project No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
Rev. 1/15/2026 D-1

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
EXHIBIT E
FEDERAL PROVISIONS
Project Name: Alley Rehab Dust Emissions Phase III
City Project No.: ST2310.401; FED No.: CHN-0(256)D; ADOT No.: T0555-01C
Rev. 1/15/2026 E-1

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
FEDERAL PROVISIONS, DOCUMENTS & FORMS
CONSTRUCTION BID
NO DBE GOAL / RACE NEUTRAL
FEDERAL DOCUMENTS / FORMS FROM THIS SECTION THAT MUST BE SUBMITTED WITH BID
1. Federal Non-Collusion Certification Form
2. Verification Statement
3. Forced Labor Ethnic Uyghurs Form
4. EEO Clause Statement & Contractor EEO Officer Form
FEDERAL DBE FORMS FROM THIS SECTION THAT MUST BE SUBMITTED DURING THE 5-DAYS
POST BID DUE DATE TO CP.Fedfund@CHANDLERAZ.GOV (see instructions in DBE)
1. DBE Bidders/Proposers List Email Confirmation pdf

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
FEDERAL DOCUMENTS
TABLE OF CONTENTS

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
FEDERAL FUNDED CONSTRUCTION CONTRACT DOCUMENTS
TABLE OF CONTENTS
Note: This bid/contract has NO DBE Goal / INCLUDES Davis Bacon Wages Requirements
City of Chandler Federal Requirements Guide for Contractors ................................................................ 1.0
Federal Non-Collusion Bidding Certification Form ................................................................................... 2.0
Verification Statement Form ........................................................................................................................ 3.0
Forced Labor of Ethnic Uyghurs Ban Certification Form ......................................................................... 4.0
EEO Clause Statement & Contractor EEO Officer Form ............................................................................ 5.0
Prompt Pay and Payment Reporting Provisions ........................................................................................ 6.0
Title VI ............................................................................................................................................................ 7.0
Title VI Assurance
Title VI Appendix A
Title VI Appendix E
DBE EPrise (Disadvantaged Business Enterprises) RACE NEUTRAL NO DBE GOAL .......................... 8.0
FHWA 1273 .................................................................................................................................................... 9.0
Buy America / Build America Buy America Requirements / Material Certifications .............................. 10.0
EEO (Equal Opportunity Employment) ........................................................................................................ 11.0
EEO Notice of Requirement for Affirmative Action to Ensure EEO
EEO Equal Employment Opportunity Compliance Reports
EEO Executive Order 2009-09
Federal Immigration and Nationality Act ..................................................................................................... 12.0
Records Retention/Contractor-Subcontractor Records ........................................................................... 13.0
Energy Efficiency Provision.......................................................................................................................... 14.0
Warranty Provision (Federal Projects) ......................................................................................................... 15.0
Jobsite Posters Requirements .................................................................................................................... 16.0
David Bacon Wage Decision ........................................................................................................................ 17.0
DBE / ADOT BECO Forms ............................................................................................................................ 18.0
- DBE Forms Instructions
- DBE Bidders/Proposers List Email Confirmation
- DBE Form 3110C DBE Certification of Final Payment
Federal Construction Bid Table of Contents

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
1.0
FEDERAL GUIDE
FOR CONTRACTORS

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
Federal Funded Contract Guide for Contractors/Subcontractors
This is an FHWA federal funded project.
1. This an FHWA Federal Funded Contract/Project. There is a ZERO TOLERANCE for compliance of the federal requirements.
2. Key Important Notes (additional details under that topic in this guide or in your contract/subcontract).
a. No retention allowed (FHWA requirement).
b. All Contractors/Subcontractors/Consultants/Subconsultants cannot have any debarments or pending debarments from
working on a federal funded project, cannot have unresolved federal tax liens, must use E-Verify for employment
process, must have an ROC license if Arizona requires it for that business type.
c. Prime Contractor Must self-perform 50% of the contract.
d. Record Retention for federal projects must be maintained for five (5) years following completion.
e. Material Certs are required for all material in order to approve pay applications. NOTIFY YOUR VENDORS.
3. Web Site Registration Requirements:
a. AZ UTRACS - https://utracs.azdot.gov: All Contractors/Subcontractors are required to have a 5-digit AZ UTRACS
Number and have an updated non-expired profile in this system.
b. ADOT Payment Reporting System (DOORS) – https://adotdoors.dbesystem.com: Contractors/Subcontractors must be
registered in the ADOT DOORs System. This is where monthly payments will be reported and verified.
c. SAM – www.sam.gov : This site identifies contractors who cannot work on a federal funded project. See Code of
Federal Regulations Title 2 Subtitle A Part 180 Subpart H.
d. LCPTracker (Certified Payroll) – https://prod-cdn.lcptracker.net: All Contractors/Subcontractors required to submit
certified payrolls will need an account set up. The subscription is with City of Chandler.
4. Retention on Payments Not Allowed
a. Due to FHWA Federal requirements, on FHWA Federal Funded Contracts, the City no longer holds retention.
b. Contractors CANNOT hold retention on Subcontractors.
c. Penalties for Certified Payroll, Payment Reporting, Payments to Subcontractors/Lower Tiers that may be assessed from
the City to the Prime can be passed on to the applicable subcontractor and is not considered retention with City
concurrence.
5. Subcontractors
a. Subcontractor: Includes lower tiers to first level Subcontractors.
b. Subcontractors must be approved by the City (Prime will receive packet with required forms and instructions).
c. Inspector and Prime Contractor must know when subcontractor is on site each day. It is recommended to have a daily
sign in located on site or at the yard for subcontractors.
d. FHWA requires Inspector to document on daily report each day, what Subcontractors and identify their employees, the
task classifications, and equipment that the Subcontractor is utilizing on site.
e. All Subcontractors must have an ROC license (if the business type requires it in Arizona).
f. All Contractors/Subcontractors must have a 5-digit AZ UTRACS number.
g. All Contractors/Subcontractors will be required to report monthly into the ADOT DOORs Payment Reporting System.
h. Testing Subcontractors must be on the ADOT Accredited Materials Testing Laboratories List.
(https://azdot.gov/business/engineering-and-construction/materials/materials-quality-assurance/adot-accredited).
i. Trucking: Vendors delivering material to the jobsite are not trucking companies and do not require a subcontractor
approval. Trucking companies that the Contractor or Subcontractor has a subcontract with to work on site hauling in or
out is a subcontractor and must go through the subcontractor approval process.
j. No Subcontractor including Barricades/Traffic Control can start before the Prime Contractor’s NTP Date.
6. Registrar of Contractors license (ROC)
a. A current ROC License is required if business type in Arizona requires an ROC license.
b. Name on the Subcontract, the SRF Request Form, and the ROC License MUST MATCH.
7. Quality Control Reports
a. Reports are required to be submitted and up to date at least monthly (weekly is preferred), and pay applications will not
be signed / approved unless Quality Control Reports are up to date and provided to the City.
8. As Builts / Red Lines
a. Must be current and up to date each month. Pay application will not be signed / approved until this task is current.
9. Buy America and Buy America/Build America (BABA) Requirements / Material Certifications
a. MATERIALS USED ON THIS PROJECT MUST FOLLOW THE BUY AMERICA AND BABA REQUIREMENTS.
b. Suppliers, Vendors, Contractors, and Subcontractors must provide material certifications before material can be
accepted, installed, and paid for.
c. No payments for materials without approved material certification.
d. See the Buy America documents in the contract/subcontract for details on requirements.
City of Chandler Federal Requirements – Construction – Rev 2026-01-29; page 1 of 3

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10. Certified Payroll / Fringe Benefits / Employee Deductions / Classifications
a. Certified Payrolls Reporting is a requirement to work on this project.
b. IMPORTANT: Hours/dates/employees/classifications worked MUST MATCH what jobsite inspector reports on his/her
daily report each day. ENSURE CREWS CHECK IN WITH PRIME AND INSPECTOR.
c. City of Chandler requires the use of LCPTracker system for transmitting certified payroll reports.
d. Certified Payroll Reporting Starts: The first day a Contractor/Subcontractor starts work on site until their contract work is
complete and finalized. This includes working and non-working weeks.
e. Late or non-submittal of payroll reports:
i. US Department of Labor requires that payroll reports be submitted within seven (7) days of pay date.
ii. City of Chandler may assess penalty retainer of $2,500 for each discrepancy report AND THE PRIME
CONTRACTOR CAN WITHHOLD THAT AMOUNT FROM THE PAYMENT OWED TO THE SUBCONTRACTOR.
f. Foreman, Superintendents, Owners who perform labor on site are considered laborers and MUST BE REPORTED ON
CERTIFIED PAYROLL with exception to de minimis time.
g. Payroll Time Requirements / Legal
i. All Laborers / Mechanics on Federal Funded Projects Must Be Paid Weekly.
ii. Contractor Penalty for not paying weekly - $5,000 Fine and/or up to five (5) years in Prison.
iii. If Contractor lies/falsifies Certified Payroll, penalty can be up to 15 years in jail.
iv. Under-paying employees – subcontract may be terminated, contractor/subcontractor can be debarred from working
on federal funded contracts for up to three (3) years.
h. Project Specific Davis Bacon Wage Decision is included in your contract. Not all Wage Decisions are the same and are
"Project Specific". Employees must be paid at or above the Davis Bacon Wage Decision rates (Base + Fringe).
i. Site of Work: Includes project site, other areas where significant portion of the building or work is constructed provided
that: 1) such site is established specifically for the contract and no other work, and 2) is located adjacent or virtually
adjacent to the site of the work (within visual).
j. Employee Benefits Plans / Fringes:
i. If Contractor / Subcontractor wants to utilize company paid benefits paid to employee towards the required Davis
Bacon Wage requirement in lieu of cash, the following items must be submitted to and approved by the City Federal
Compliance Oversight.
1. Company-Employee Benefits Document such as an employee handbook that shows company benefits.
2. Health Care: Plan detail and copy of payment to carrier if this fringe is being requested.
3. Pension/401K: Plan detail and copy of payment to carrier if this fringe is being requested.
4. Worksheet detail showing the hourly breakdown of the costs being requested to be used.
k. Employee Deduction Authorization Form (EDA): All Contractors/Subcontractors submitting certified payroll must submit
these forms for every employee that has dollars in the “Other” box on the payroll reports. This is a one-time
submittal unless deductions change for that employee, and does not need to be submitted with every payroll report.
l. Classification Requests (also known as Conformance Requests): If no classification matches a task/employee work
classification from the wage decision for this contract, YOU WILL NEED TO SUBMIT A Classification Request SF1444
(City of Chandler Form, ADOT Forms are not allowed).
m. Overtime Requirement by Department of Labor: The overtime rate must be 1.5 x the Base Rate on the Wage Decision or
1.5 x a higher wage rate that you already pay, (you cannot pay 1.5 OT rate on the base rate if you are paying a lower
base rate due to higher fringe rate).
n. DO NOT USE ‘GENERAL LABORER CLEANUP’ as a catch all. DOL DOES NOT WANT TO SEE MORE THAN three (3)
GENERAL LABORERS TO A SKILLED LABOR CLASSIFICATION.
11. Employee Interviews
a. Employee Interviews process is a Department of Labor federal requirement on federal funded projects. This is to ensure
employees are being paid correctly for the tasks they are working. Interviews are confidential and employers cannot have
access to interview documentation.
12. Payment Reporting:
a. ALL CONTRACTORS AND SUBCONTRACTORS, MUST be registered with ADOT's DOORs Reporting System in order
to work on this federal funded project.
b. ALL CONTRACTORS/SUBCONTRACTORS are required to report monthly in the above listed system from your first
payment to when your contract is complete. This includes months that $-0- payments occur.
c. Report the date paid; Report the date received. DO NOT GUESS.
d. Reporting Schedule: Primes must report payments made to subcontractors no later than the 10th of each month for
payments made the previous month. Subcontractors must verify or report payment discrepancies by the 30th of each
month for report made by the Prime. Subcontractors must report payments made to lower tiers by the 15th of each month
for payments made the previous month (including $0).
City of Chandler Federal Requirements – Construction – Rev 2026-01-29; page 2 of 3

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13. Prompt Pay
a. Subcontractors must be paid within seven (7) days from payment received from the City for the related work.
b. Prime is responsible for ensuring Subcontractors pay Lower Tiers.
c. Subcontractors must pay Lower Tiers within seven (7) days of receiving payment from the Prime for work the Lower Tier
performed that was paid to the Prime – to the Subcontractor.
d. Note that just because a Subcontractor or a Lower Tier Subcontractor performed work, the Prime may not have been
paid for that work. Prompt Pay 7-day payment requirements is for work paid for from the City to the Prime; Prime to the
Subcontractor; Subcontractor to the Lower Tier Subcontractor.
e. Payment reporting: is the reported amount correct, was payment received within seven (7) days from the date the Prime
was paid? DO NOT GUESS.
14. Jobsite Posters
a. There are jobsite poster requirements and City of Chandler will assist will required posters list.
b. All employees working on site must have access to view jobsite posters without supervision.
c. All employees must be able to state they have seen the wage decision for this project.
15. Title VI
a. Any complaints related to Title VI while on the jobsite must be forwarded to the City of Chandler.
16. T&M Work
a. For T&M work activities, Lump Sum charges/Hourly Rates/Daily Rates ARE NOT ALLOWED on federal funded
contracts. Contractors and Subcontractors – required: daily work document signed off by inspector with employees,
hours, equipment, description. Invoice documentation must show each date for employees, hours, and certified payroll
rates on the applicable APPROVED certified payroll.
17. Sanctions – Penalties – Liquidated Damages for Certified Payroll, Prompt Pay, Payment Reporting
a. Certified Payrolls
i. Monthly discrepancies will be notified to Prime for the previous month’s discrepancies.
ii. Discrepancy penalties are $2,500 each with a 10-day grace period to correct the discrepancy. Corrections made 11th
day to 90th day, the penalty is assessed. Corrections after the 90th day $500 is non-refundable.
b. Payment Reporting
i. Not Reporting has required Penalties - Liquidated Damages, non-refundable: Not reporting a payment has a federal
required penalty that the City must assess of $5,000. non-refundable.
ii. After 90 consecutive days of non-reporting of those payment(s), the penalty/liquidated damages will increase to
$10,000 for each subsequent month until the Contractor reports.
iii. This Liquidated Damages $1000.00 can only be initiated by the City of Chandler to the Prime, BUT the Prime CAN
pass on to the respective Subcontractor who did not report for a payment to a lower tier.
c. Prompt Pay Provisions - Penalty for Non-Payments
i. City of Chandler is required to withhold two times (2x) the amount due to subcontractors if not paid within 7 days of
receiving payment. If full payment is made within 30 days of the date the City of Chandler pays the Prime, the
amount withheld will be released. If payment is made after the 30 days of the City of Chandler's payment date to the
Prime Contractor, 75% will be returned and 25% will be withheld as liquidated damages.
ii. This also applies to subcontractors’ payments to lower tier subcontractors.
iii. If non-payment lasts for three consecutive months, or any four months over the course of one project:
1. Withhold monthly progress payments
2. Terminate the contract for default
3. Can be disqualified from future bidding, temporarily or permanently, based on severity of violations.
City of Chandler Federal Requirements – Construction – Rev 2026-01-29; page 3 of 3

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2.0
FEDERAL NON-COLLUSION BIDDING CERTIFICATION

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3.0
VERIFICATION STATEMENT

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4.0
FORCED LABOR OF ETHNIC UYGHURS BAN
CERTIFICATION FORM

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5.0
EEO CLAUSE STATEMENT
AND
CONTRACTOR EEO OFFICER

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6.0
PROMPT PAY PROVISIONS

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CONSTRUCTION AND PROFESSIONAL SERVICES/DESIGN CONTRACTS
PROMPT PAY AND PAYMENT REPORTING PROVISIONS
** FOR USE ON LPA FEDERAL AID PROJECTS **
(07/24/2023)
MEASUREMENTS AND PAYMENT:
(A) Partial Payments:
If satisfactory progress is being made, the contractor shall receive a payment based on the
amount of work completed. Progress payments may be made by the LPA/Subrecipient
Procurement Office to the contractor on the basis of an approved estimate of the work
performed during a preceding period of time. The progress payments will be paid on or
before 14 days after the estimate of the work is approved. The estimate of the work will be
deemed received by the LPA/Subrecipient Procurement Office on submission to the person
designated by the LPA/Subrecipient Procurement Office for the submission, review or
approval of the estimate of the work. The LPA/Subrecipient Procurement Office by mutual
agreement may make progress payments on contracts of less than 90 days and will make
monthly progress payments on all other contracts. Payment to the contractor on the basis of
a duly certified and approved estimate of the work performed during the preceding calendar
month under the contract may include payment for material and equipment.
An estimate of the work submitted will be deemed approved and certified for payment after
seven days from the date of submission unless before that time the LPA/Subrecipient
Procurement Office or Designee prepares and issues a specific written finding setting forth
those items in detail in the estimate of the work that are not approved for payment under the
contract. The contractor shall work with the LPA/Subrecipient or the LPA/Subrecipient
Designee to finalize monthly estimate. The progress payments will be paid on or before 14
days after the estimate of the work is certified and approved in accordance with Arizona
Revised Statutes Section 34-221.
The contractor shall pay to the contractor's subcontractors or material suppliers and each
subcontractor shall pay to the subcontractor's subcontractor or material supplier, within
seven days of receipt of each progress payment the respective amounts allowed the
contractor or subcontractor on account of the work performed by the subcontractors, to the
extent of each subcontractor's interest.
No contract for construction services may materially alter the rights of any contractor,
subcontractor, or material supplier to receive prompt and timely payment.
A subcontractor may notify the LPA/Subrecipient Procurement Office in writing requesting
that the subcontractor be notified by the Subrecipient Procurement Office in writing within
five days from payment of each progress payment made to the contractor.
Prompt Pay and Payment Reporting Provisions- 1/5

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(B) No Retainage on Progress Payments:
(1) This is a federally-funded project. Therefore, notwithstanding A.R.S. § 34-221,
the LPA/Subrecipient Procurement Office will not withhold retainage from
progress payments. Neither the contractor, nor the subcontractor of any tier,
may withhold any retainage on progress payments to subcontractors or
suppliers of any tier.
(2) This provision does not prevent the LPA/Subrecipient Procurement Office from
withholding retainage or reducing payments where otherwise provided in the
contract. These cases may include, but are not limited to:
(a) Delayed work;
(b) Work that is not satisfactorily performed; or
(c) A failure to submit necessary reports, certifications, or documents to
the LPA/Subrecipient Procurement Office.
(C) Subcontractor Payments:
(1) No Retainage:
(a) This is a federally-funded project. Therefore, notwithstanding A.R.S. §
34-221, neither the contractor, nor the subcontractor of any tier, may
withhold any retainage on progress payments to subcontractors or
suppliers of any tier.
(b) Pursuant to Subsection (B)(2) of this Specification, the contract does
not prevent the LPA/Subrecipient Procurement Office from withholding
retainage or reducing payments where otherwise provided in the
contract. These cases may include, but are not limited to:
(i) Delayed work;
(ii) Work that is not satisfactorily performed; or
(iii) A failure to submit necessary reports, certifications,
or documents to the LPA/Subrecipient
Procurement Office.
(c) When the LPA/Subrecipient Procurement Office withholds retainage or
reduces payments under Subsection (B)(2) of this Specification, the
contractor may withhold retainage on progress payments to
subcontractors or suppliers of any tier. However, the contractor may
only withhold a reasonable amount of retainage.
(d) For the purpose of this section, a “reasonable amount” of retainage is
based on the subcontractor’s involvement or the supplier’s involvement
in the cause for the LPA/Subrecipient Procurement Office’s reduction
of payment. The final amount retained from all subcontractors and
suppliers shall not be higher than the amount retained by the
LPA/Subrecipient. However, tier subcontracts shall include provisions
that comply with this section.
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(2) No Set-offs Arising from Other Contracts:
If a subcontractor is performing work on multiple contracts for the same contractor or
subcontractor of any tier, the contractor or subcontractor of any tier shall not withhold or
reduce payment from its subcontractors on the contract because of disputes or claims on
another contract.
(3) Partial Payment:
The contractor and each subcontractor of any tier shall make prompt partial payments to its
subcontractors within seven days of receipt of payment from the LPA/Subrecipient
Procurement Office. Notwithstanding any provision of Arizona Revised Statutes Section 34-
221, the parties may not agree otherwise.
(4) Final Payment:
The contractor and each subcontractor of any tier shall make prompt final payment to each
of its subcontractors. The contractor and each subcontractor of any tier shall pay all
monies, including retention, due to its subcontractor within seven days of receipt of
payment. Notwithstanding any provision of Arizona Revised Statutes Section 34-221, the
parties may not agree otherwise.
(5) Payment Reporting:
For the purposes of this subsection “Reportable Contracts” means any subcontract, of any
tier, DBE or non-DBE, by which work shall be performed on behalf of the contractor and any
contract of any tier with a DBE material supplier.
The requirements of this subsection apply to all Reportable Contracts.
Payment Reporting for all Reportable Contracts shall be done through the LPA DBE System
which can be accessed at AZ UTRACS on the Arizona Transportation Business Portal at
www.azutracs.com. No later than fifteen calendar days after the preconstruction conference,
the contractor shall log into the system and enter or verify the name, contact information,
and subcontract amounts for Reportable Contracts on the project. As Reportable Contracts
are approved over the course of the contract, the contractor shall enter the subcontractor
information in the LPA DBE System. Reportable contracts information shall be entered into
the system no later than five calendar days after approval by the LPA/Subrecipient
Procurement Office.
The contractor shall report on a monthly basis indicating the amounts actually paid and the
dates of each payment under any Reportable Contract on the project. The contractor shall
provide information for payments made on all Reportable Contracts during the previous
month by the last day of the current month. In the event that no payments were made during
a given month, the contractor shall identify that by entering a dollar value of zero. If the
contractor does not pay the full amount of any invoice from a subcontractor, the contractor
shall note that and provide the reasons in the comment section of the Monthly Payment
Audit of the LPA DBE System.
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In addition, the contractor shall require that all participants in any Reportable Contract
electronically verify receipt of payment on the contract within 15 days of receipt of electronic
payment notification and the contractor shall actively monitor the system to ensure that the
verifications are input. The contractor shall proactively work to resolve any payment
discrepancies in the system between payment amounts it reports and payment confirmation
amounts reported by others.
The contractor shall ensure that all Reportable Contract payment activity is in the LPA DBE
System. This includes all lower-tier Reportable Contracts.
The contractor shall maintain records for each payment explaining the amount requested by
the subcontractor, and the amount actually paid pursuant to the request, which may include
but are not limited to, estimates, invoices, pay requests, copies of checks or wire transfers,
and lien waivers in support of the monthly payments in the system.
The contractor shall ensure that a copy of this Subsection is included in every Reportable
Contract of every tier.
(a) Sanctions for Inadequate Reporting:
For each month that the contractor fails to submit timely and complete payment information
the LPA/Subrecipient Procurement Office will retain $5,000 as sanctions from the monies
due to the contractor. After 90 consecutive days of non-reporting, the sanctions will increase
to $10,000 for each subsequent month which the contractor fails to report until the
information is provided. These sanctions will be in addition to all other retention or liquidated
damages provided for elsewhere in the contract.
(6) Completion of Work:
A subcontractor's work is satisfactorily completed when all the tasks called for in the
subcontract have been accomplished, documented, and accepted by the LPA/Subrecipient
Procurement Office.
(7) Disputes:
If there is a discrepancy between what is reported by the contractor in the LPA DBE System
and what the subcontractor indicates, an alert email will automatically be sent to the
contractor. The email will be sent to the email address provided by the contractor in the
LPA DBE System. It is the contractor’s responsibility to ensure that the email address in
the system is kept current.
The contractor shall provide a verifiable explanation of the discrepancy in the LPA DBE
System as early as practicable but in no case later than seven days after the date of the
alert email.
The LPA/Subrecipient will determine whether the contractor has acted in good faith
concerning any such explanations. The LPA/Subrecipient and ADOT BECO reserves the
right to request and receive documents from the contractor and all subcontractors of any
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tier, in order to determine whether prompt payment requirements are met.
The contractor shall implement and use the dispute resolution process outlined in the
subcontract or by following the LPA/Subcrecipient escalation process, to resolve payment
disputes.
(8) Non-compliance:
Failure to make prompt partial payment, or prompt final payment including any retention,
within the time frames established above, will result in remedies, as the LPA/Subrecipient
Procurement Office deems appropriate, which may include but are not limited to:
(a) Sanctions: These sanctions will be in addition to all other retention or
liquidated damages provided for elsewhere in the contract.
(i) The LPA/Subrecipient Procurement Office will withhold two times the
disputed dollar amount not paid to each subcontractor.
(ii) If full payment is made within 30 days of the LPASubrecipient
Procurement Office’s payment to the contractor, the amount withheld by
the LPA/Subrecipient Procurement Office will be released.
(iii) If full payment is made after 30 days of the LPA/Subrecipient
Procurement Office’s payment to the contractor, the LPA/Subrecipient
Procurement Office will release 75 percent of the funds withheld. The
LPA/Subrecipient Procurement Office will retain 25 percent of the
monies withheld as sanctions.
(b) Additional Remedies. If the contractor fails to make prompt payment for
three consecutive months, or any four months over the course of one
project, or if the contractor fails to make prompt payment on two or more
projects within 24 months, the LPA/Subrecipient Procurement Office may,
in addition, invoke the following remedies:
(i) Withhold monthly progress payments until the issue is resolved and full
payment has been made to all subcontractors, subject to the sanctions
described in paragraph (a) above,
(ii) Terminate the contract for default,
(iii) Disqualify the contractor from future bidding, temporarily or
(iv) permanently, depending on the number and severity of violations, if
applicable.
In determining whether sanctions will be assessed, the extent of the sanctions, or additional
remedies assessed, the LPA/Subrecipient will consider whether there have been other
violations on this or other contracts, whether the failure to make prompt payment was due to
circumstances beyond the contractor’s control, and other circumstances. The contractor
may, within 15 calendar days of receipt of the decision of the LPA/Subrecipient, escalate the
decision according to the contract’s escalation process.
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7.0
TITLE VI

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8.0
DBE EPRISE

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CONSTRUCTION CONTRACTS
DBE PROVISIONS
** FOR USE ON LPA FEDERAL AID PROJECTS WITHOUT GOALS. **
(LPA EPRISE WITHOUT DBE GOAL, 10/24/2025)
DISADVANTAGED BUSINESS ENTERPRISES:
1.0 Policy:
The Arizona Department of Transportation (hereinafter the Department) has established a
Disadvantaged Business Enterprise (DBE) program in accordance with the regulations of the
U.S. Department of Transportation (USDOT), 49 Code of Federal Regulation Part 26 (49 CFR
Part 26), as revised by the USDOT DBE Interim Final Rule (IFR) issued October 3, 2025
(hereinafter referred to as IFR).
The Department has received Federal financial assistance from the U.S. Department of
Transportation and as a condition of receiving this assistance, the Department has signed an
assurance that it will comply with 49 CFR Part 26, as revised by the IFR.
It is the policy of the Department to ensure that DBEs (hereinafter DBE or DBE firm), as
defined in Part 26, have an equal opportunity to receive and participate in USDOT-assisted
contracts. It is also the policy of the Department:
(A) To ensure nondiscrimination in the award and administration of USDOT-assisted
contracts;
(B) To create a level playing field on which DBEs can compete fairly for USDOT-assisted
contracts;
(C) To ensure that the DBE program operates in a nondiscriminatory manner and without
regard to race or sex, while maximizing efficiency of service;
(D) To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are
counted as DBEs;
(E) To help remove barriers to the participation of DBEs in USDOT-assisted contracts;
(F) To assist in the development of firms that can compete successfully in the market place
outside the DBE program and;
(G) To promote the use of DBEs in all types of federally-assisted contracts and
procurement activities.
It is also the policy of the Department to facilitate and encourage participation of Small
Business Concerns (SBCs), as defined herein in USDOT-assisted contracts. The Department
encourages contractors to take reasonable steps to eliminate obstacles to SBCs’ participation
and to utilize SBCs in performing contracts.
Construction DBE Provisions October 2025
LPA EPRISE without DBE Goal - 1/17

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Local Public Agencies (LPA) and or Subrecipients of Federal financial assistance have
adopted the Department’s DBE Program Plan, adhere to the Department’s DBE policy and
will administer and manage the contracts from advertising, consultant selection, negotiation,
contract execution, processing payment reports and contract modifications, audits, DBE
compliance (e.g., reporting and monitoring) through contract closeout.
2.0 Assurances of Non-Discrimination:
The contractor, subrecipient, or subcontractor shall not discriminate on the basis of race,
color, national origin or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 as revised by the IFR in the award and
administration of USDOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this
contract or such other remedy as the LPA/Subrecipient, with the Department’s concurrence,
deems appropriate, which may include, but not limited to:
(A) Withholding monthly progress payments;
(B) Assessing sanctions;
(C) Disqualifying the contractor from future bidding as non-responsible.
The contractor, subrecipient, or subcontractor shall ensure that all subcontract agreements
contain this non-discrimination assurance.
3.0 Definitions:
(A) Commercially Useful Function (CUF): Commercially Useful Function is defined in
49 CFR Part 26.55. That definition is incorporated herein by reference.
(B) Disadvantaged Business Enterprise (DBE): A DBE, as defined in 49 CFR Part 26.5,
is a for-profit small business concern which meets both of the following requirements:
(1) Is at least 51 percent owned by one or more individuals who are both socially and
economically disadvantaged; and,
(2) Whose management and daily business operations are controlled by one or more
of the socially and economically disadvantaged individuals who own it.
(C) Joint Check: a two-party check between a subcontractor, DBE and/or non-DBE, a
prime contractor and the regular dealer of material supplies.
(D) Joint Venture: an association of a DBE firm and one or more other firms to carry out
a single, for-profit business enterprise, for which parties combine their property, capital,
efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly
defined portion of the work of the contract and whose share in the capital contribution,
control, management, risks, and profits of the joint venture are commensurate with its
ownership interest.
Construction DBE Provisions October 2025
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(E) NAICS Code: The North American Industry Classification System (NAICS) is the
standard used by Federal statistical agencies in classifying business establishments
for the purpose of collecting, analyzing, and publishing statistical data related to the
US business economy.
(F) Non-DBE: any firm that is not a DBE.
(G) DBE Conscious: a measure or program that is focused specifically on assisting only
DBEs.
(H) DBE Neutral: a measure or program that is, or can be, used to assist all small
businesses.
(I) Small Business Concern: a business that meets all of the following conditions:
(1) Operates as a for-profit business;
(2) Operates a place of business primarily within the U.S., or makes a significant
contribution to the U.S. economy through payment of taxes or use of American
products, materials, or labor;
(3) Is independently owned and operated;
(4) Is not dominant in its field on a national basis; and
(5) Does not have annual gross receipts that exceed the Small Business
Administration size standards average annual income criteria for its primary
North American Industry Classification System (NAICS) code.
(J) Socially and Economically Disadvantaged Individuals: Socially and Economically
Disadvantaged Individuals is defined in 49 CFR Part 26.5, as revised by the IFR. That
definition is incorporated here.
(1) Any individual who is a citizen (or lawfully admitted permanent resident) of the
United States and who a certifier finds to be socially and economically
disadvantaged on an individual basis.
(2) A determination that an individual is socially and economically disadvantaged
must not be based in whole or in part on race or sex. For that reason, all
applicants shall qualify as socially and economically disadvantaged if they can
demonstrate that they can meet the relevant criteria described in 49 CFR Part
26.67.
(3) Being born in a particular country does not, standing alone, mean that a person
is necessarily socially and economically disadvantaged.
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4.0 Working with DBEs:
The Department works with DBEs and assists them in their efforts to participate in the highway
construction program. All bidders should contact the Department’s Business Engagement &
Compliance Office (BECO) by phone, through email, or at the address shown below, for
assistance in their efforts to use DBEs in the highway construction program of the
Department. BECO contact information is as follows:
Arizona Department of Transportation
Business Engagement & Compliance Office
1801 W. Jefferson Street, Ste. 101, Mail Drop 154A
Phoenix, AZ 85007
Phone (602) 712 7761
Email: LPAcontractorcompliance@azdot.gov
Website: azdot.gov/business/business-engagement-and-compliance
4.01 Business Development Program:
The Department has established the Business Development Program as an initiative to
encourage and develop disadvantaged businesses in the highway construction industry. The
Department is committed to providing new, emerging, developmental and transitional DBEs
with general and firm-specific training and technical assistance. The Department intends for
this assistance to aid DBEs to become competitive within the heavy highway and construction
industry market places. In particular, the Department’s DBE Supportive Services Program
(DBE/SS) is designed to work in collaboration with stakeholder organizations (including
departments and agencies of State and Federal Governments, small business organizations,
tribal governments, profit and nonprofit corporations) to help DBEs to successfully compete
for highway construction projects and become self-sufficient. The program provides
educational opportunities for DBEs regarding current market conditions, federal regulatory
compliance, and best business practices. These efforts are reinforced with one-on-one
business counseling for DBEs certified in areas that directly support Federal-aid highway
projects, small group workshops, conferences, business expositions, regular in-person
training opportunities, and regular virtual training opportunities. For guidance regarding this
program, refer to the Business Development Program Guidelines available on the BECO
website at azdot.gov/business/business-engagement-and-compliance/dbe-supportive-
services/business-development-program/disadvantaged-business-enterprise-dbe-
program/dbe.
The Business Development Program is intended to increase legitimate DBE activities. The
program operates in conformity with the Federal DBE rules and regulations. The
Department’s DBE/SS participants may not circumvent the Federal DBE rules or regulations.
5.0 Applicability:
During the transition period, the IFR provides that until the Arizona Unified Certification
Program (UCP) completes the recertification process, the Department may not 1) set any
DBE contract goals or 2) count any participation towards its overall DBE goal.
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The Department has established an overall annual goal for DBE participation on Federal-aid
contracts. The Department intends for the goal to be met with a combination of DBE conscious
and DBE neutral efforts once the DBE recertification process is completed in accordance with
the IFR. DBE conscious participation occurs where the contractor uses a percentage of DBEs,
as defined herein, to meet the contract-specified goal. DBE neutral efforts are those that are,
or can be, used to assist all small businesses or increase opportunities for all small
businesses. The regulation, 49 CFR 26, as revised by the IFR describes DBE neutral
participation as when a DBE wins a prime contract through customary competitive
procurement procedures or is awarded a subcontract on a prime contract that does not carry
a DBE contract goal.
The DBE provisions are applicable to all bidders.
6.0 Certification and Registration:
6.01 DBE Certification:
Certification as a DBE shall be predicated on:
(A) The completion and execution of an application for certification as a "Disadvantaged
Business Enterprise".
(B) The submission of documents pertaining to the firm(s) as stated in the application(s),
including but not limited to a statement of social disadvantage and a personal financial
statement.
(C) The submission of any additional information which the Department may require to
determine the firm's eligibility to participate in the DBE program.
(D) The information obtained during the on-site visits to the offices of the firm and to active
job-sites.
Application Submission. Applications for Disadvantaged Business Enterprise (DBE)
certification may be filed online with the Department or the applicable UCP agency at any
time through the Arizona Unified Transportation Registration and Certification System (AZ
UTRACS) website at utracs.azdot.gov/Home/.
Implementation of Revised Federal Standards. Effective October 3, 2025, all certification
applications and renewals shall be reviewed and processed in accordance with the 49 CFR
Part 26 as revised by the IFR. The revised rule modifies certification standards,
documentation, and evidentiary requirements applicable to determinations of social and
economic disadvantage, business size, ownership, and control.
Transition Period. During the transition period in which the Department and participating UCP
agencies are updating internal procedures and the AZ UTRACS system to implement the
revised rule, certification applications may continue to be submitted through the existing
online platform. Applicants submitting applications during this period may be required to
furnish additional or supplemental documentation consistent with the revised certification
criteria upon system update or upon request by the certifying agency.
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All applicants, whether filing initial or renewal applications, shall comply with any new or
amended federal documentation requirements that become effective under 49 CFR Part 26
as revised by the IFR, including but not limited to personal narrative statements, financial
disclosures, and supporting affidavits required to demonstrate eligibility under the revised
standards.
The Department is a member of the AZ Unified Certification Program (AZUCP). During the
transition period, the list of firms listed in AZ UTRACS were certified prior to October 3, 2025,
not in accordance with the IFR, and therefore do not count for DBE credit, unless otherwise
noted in AZ UTRACS. The list indicates contact information and specialty for each DBE firm,
and may be sorted in a variety of ways. However, the Department does not guarantee the
accuracy and/or completeness of this information, nor does the Department represent that
any licenses or registrations are appropriate for the work to be done.
The Department’s certification of a DBE is not a representation of qualifications and/or
abilities; only that the firm has met the criteria for DBE certification as outlined in 49 CFR Part
26, as revised by the IFR. The contractor bears all risks of ensuring that DBE firms selected
by the contractor are able to perform the work.
6.02 SBC Registration:
To comply with 49 CFR Part 26.39, the Department’s DBE Program incorporates contracting
requirements to facilitate participation by Small Business Concerns (SBCs) in federally
assisted contracts. SBCs are for-profit businesses authorized to do business in Arizona that
meet the Small Business Administration (SBA) size standards for average annual revenue
criteria for its primary North American Industry Classification System (NAICS) code.
While the SBC component of the DBE program does not require utilization goals on projects,
the Department and the LPA/Subrecipient encourages contractors to utilize small businesses
that are registered in AZ UTRACS on their contracts, in addition to DBEs meeting the
certification requirement in accordance with the IFR. However, SBCs that are not DBEs will
not be counted toward the DBE contract goal.
SBCs can register online at the AZ UTRACS website at utracs.azdot.gov/Home/. The
registration of SBCs is not a representation of qualifications and/or abilities. The contractor
bears all risks of ensuring that SBC firms selected by the contractor are able to perform the
work.
7.0 DBE Financial Institutions:
The Department thoroughly investigates the full extent of services offered by financial
institutions owned and controlled by socially and economically disadvantaged individuals in
its service area and makes reasonable efforts to use these institutions. The Department
encourages prime contractors to use such institutions on USDOT assisted contracts.
However, use of DBE financial institutions will not be counted toward the DBE contract goal.
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The Department and the LPA/Subrecipient encourages prime contractors to research the
Federal Reserve Board website at federalreserve.gov to identify minority-owned banks in
Arizona derived from the Consolidated Reports of Condition and Income filed quarterly by
banks (FFIEC 031 and 041) and from other information on the Board’s National Information
Center database.
8.0 Time is of the Essence:
TIME IS OF THE ESSENCE IN RESPECT TO THE DBE PROVISIONS.
9.0 Computation of Time:
In computing any period of time described in this DBE special provision, such as calendar
days, the day from which the period begins to run is not counted. When the last day of the
period is a Saturday, Sunday, or Federal or State holiday, the period extends to the next day
that is not a Saturday, Sunday, or Federal or State holiday. When the LPA/Subrecipient
Procurement Office is closed for all or part of the last day, the period extends to the next day
on which the LPA/Subrecipient Procurement Office is open.
10.0 Contractor and Subcontractor Requirements:
10.01 General:
The contractor shall establish a DBE program that will ensure nondiscrimination in the award
and administration of contracts and subcontracts.
Agreements between the bidder and a DBE in which the DBE promises not to provide
subcontracting quotations to other bidders are prohibited.
10.02 Blank:
11.0 Bidders/Proposers List and AZ UTRACS Registration Requirement:
Under 49 CFR Part 26.11, DOTs are required to collect certain information from all contractors
and subcontractors who seek to work on federally-assisted contracts in order to set overall
and contract DBE goals. The Department collects this information through a
Bidders/Proposers List when firms register their companies on the Arizona Unified
Transportation Registration and Certification System (AZ UTRACS) web portal at
utracs.azdot.gov/Home/ a centralized database for companies that seek to do business with
the Department. This information will be maintained as confidential to the extent allowed by
Federal and State law.
All prime contractors, subcontractors, and DBEs shall: (1) register in AZ UTRACS, and (2)
maintain their profile with current and accurate firm information. Bidders may verify that their
firm and each subcontractor is registered using the AZ UTRACS website.
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Bidders may obtain additional information at the AZ UTRACS website or by contacting the
LPA/Subrecipient.
Bidders shall create the Bidders/Proposers List in the AZ UTRACS by selecting all
subcontractors, service providers, manufacturers and suppliers that expressed interest or
submitted bids, proposals or quotes for this contract. The Bidders/Proposers List form must
be complete and must include the names for all subcontractors, service providers,
manufacturers and suppliers regardless of the bidders’ intentions to use those firms on the
project.
All bidders must complete the Bidders/Proposers List online at AZ UTRACS whether they are
the apparent low bidder or not. A confirmation email will be generated by the system. The
bidders shall submit to the LPA/Subrecipient a copy of the email confirmation no later than
4:00 p.m. on the fifth calendar day following the bid opening. Faxed copies are acceptable.
FAILURE TO SUBMIT THE REQUIRED BIDDERS/PROPOSERS LIST TO THE
LPA/SUBRECIPIENT PROCUREMENT OFFICE BY THE STATED TIME AND IN THE
MANNER HEREIN SPECIFIED SHALL BE CAUSE FOR THE BIDDER BEING DEEMED
INELIGIBLE FOR AWARD OF THE CONTRACT.
12.0 DBE Goals:
During the transition period, the IFR provides that until the UCP completes the recertification
process, the Department may not 1) set any DBE contract goals or 2) count any participation
towards its overall DBE goal. The Department will not be counting any DBE conscious or DBE
neutral efforts towards its overall DBE goal during this transitional period.
The Department has not established contract goals for DBE participation in this contract.
Contractors are still encouraged to employ reasonable means to obtain DBE neutral efforts.
Contractors must retain records in accordance with these DBE specifications. The contractor
is notified that this record keeping is important to the Department so that it can track DBE
participation where only DBE neutral efforts are employed.
13.0 Payment Reporting:
The contractor shall report on a monthly basis indicating the amounts paid to all
subcontractors, of all tiers, working on the project. Reporting shall be in accordance with
Prompt Pay and Payment Reporting requirements section of the contract specifications.
14.0 Crediting DBE Participation:
14.01 General Requirements:
During the transition period, the IFR provides that until the UCP completes the recertification
process, the Department may not count any participation towards its overall DBE goal. This
applies to both DBE conscious and DBE neutral efforts.
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Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
To count toward DBE participation, the DBE firm must be certified in each NAICS code
applicable to the kind of work the firm will perform on the contract. NAICS for each DBE can
be found on the AZ UTRACS under the Firm Directory. General descriptions of all NAICS
codes can be found at www.naics.com.
The entire amount of a contract that is performed by the DBE’s own forces, including the cost
of supplies and materials purchased by the DBE for the work on the contract and equipment
leased by the DBE will be credited toward DBE participation. Supplies and equipment the
DBE subcontractor purchases or leases from the prime contractor or its affiliate will not be
credited toward DBE participation.
The contractor bears the responsibility to determine whether the DBE possesses the proper
contractor’s license(s) to perform the work.
The Department’s certification is not a representation of a DBE’s qualifications and/or abilities.
The contractor bears all risks that the DBE may not be able to perform its work for any reason.
A DBE may participate as a prime contractor, subcontractor, joint venture partner with either
a prime contractor or a subcontractor, or as a vendor of materials or supplies. A DBE joint
venture partner shall be responsible for a clearly defined portion of the work to be performed,
in addition to meeting the requirements for ownership and control.
The dollar amount of work to be accomplished by DBEs, including partial amount of a lump
sum or other similar item, shall be on the basis of agreements such as: subcontract, purchase
order, hourly rate, and rate per ton.
With the exception of bond premiums, all work must be attributed to specific bid items. Where
work applies to several items, the DBE contracting arrangement must specify unit price and
amount attributable to each bid item. DBE credit for any individual item of work performed by
the DBE shall be the lesser of the amount to be paid to the DBE or the prime contractor's bid
price. If the amount bid by the DBE on any item exceeds the prime contractor’s bid amount,
the prime contractor may not obtain credit by attributing the excess to other items.
Where more than one DBE is engaged to perform parts of an item (for example, supply and
installation), the total amount payable to the DBEs will not be considered in excess of the
prime contractor’s bid amount for that item.
Bond premiums may be stated separately, so long as the arrangement between the prime
contractor and the DBE provides for separate payment not to exceed the price charged by
the bonding company.
DBE credit may be obtained only for specific work done for the project, supply of equipment
specifically for physical work on the project, or supply of materials to be incorporated in the
work. DBE credit will not be allowed for costs such as overhead items, capital expenditures
(for example, purchase of equipment), and office items.
If a DBE performs part of an item (for example, installation of materials purchased by a Non-
DBE), the DBE credit shall not exceed the lesser of (1) the DBE’s contract or (2) the prime
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contractor’s bid for the item, less a reasonable deduction for the portion performed by the
Non- DBE.
When a DBE performs as a partner in a joint venture, only that portion of the total dollar value
of the contract which is clearly and distinctly performed by the DBE's own forces can be
credited.
The contractor may credit second-tier subcontracts issued to DBEs by non-DBE
subcontractors. Any second-tier subcontract to a DBE must meet the requirements of a first-
tier DBE subcontract.
A prime contractor may credit the entire amount of that portion of a construction contract that
is performed by the DBE’s own forces. The cost of supplies and materials obtained by the
DBE for the work of the contract can be included so long as that cost is reasonable. Leased
equipment may also be included. No credit is permitted for supplies purchased or equipment
leased from the prime contractor or its affiliate(s).
When a DBE subcontracts a part of the work of its contract to another firm, the value of the
subcontract may be credited towards DBE participation only if the DBE’s subcontractor is
itself a DBE and performs the work with its own forces. Work that a DBE subcontracts to a
non-DBE firm does not count towards DBE participation.
A prime contractor may credit the entire amount of fees or commissions charged by a DBE
firm for providing a bona fide service, such as professional, technical, consultant, or
managerial services, or for providing bonds or insurance specifically required for the
performance of a USDOT-assisted contract, provided the fees are reasonable and not
excessive as compared with fees customarily allowed for similar services.
14.02 Effect of Loss of DBE Eligibility:
If a DBE or a DBE prime contractor is deemed ineligible, decertified, or suspended by the
Department in accordance with 49 CFR Part 26.87 and 49 CFR Part 26.88, the following
provisions shall apply:
(A) If a DBE firm loses its DBE eligibility because the DBE firm was acquired by a non-DBE
firm, no work performed by the DBE firm after the Decision Date will be counted toward
DBE participation.
(B) If a subcontract, contract, or supplier arrangement has been executed before the
Decision Date, work performed by the DBE firm will be counted toward DBE
participation.
(C) If neither paragraph (A) nor paragraph (B) above applies, the work performed by the
DBE firm after the Decision Date will be counted toward DBE participation.
(D) If the contractor extends or adds work to the DBE firm’s subcontract, that work will not
be counted towards DBE participation unless the contractor has obtained prior approval
from the Department for DBE credit. Any requests to extend or add work to the DBE
firm’s subcontract to count towards DBE participation shall be submitted using the
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request form, made available on BECO's website at azdot.gov/business/business-
engagement-and-compliance/lpasubrecipient/contract-forms-specs to extend
Decertified DBE contract for DBE credit.
(E) The Department will consent to such DBE credit only if the added work is within the
foreseeable range of added work, given the circumstances of the original DBE contract.
(F) For the purposes of this subsection, "Decision Date" means the date the Department
notifies the DBE that it has become ineligible, decertified, or suspended under 49 CFR
Part 26.87(c)(4), (g).
14.03 Notifying the Contractor of DBE Certification Status:
Each DBE contract of any tier shall require any DBE subcontractor or supplier that is either
decertified or certified during the term of the contract to immediately notify the contractor and
all parties to the DBE contract in writing, with the date of decertification or certification. The
contractor shall require that this provision be incorporated in any contract of any tier in which
a DBE is a participant.
14.04 Police Officers:
DBE credit will not be permitted for procuring DPS officers. For projects on which officers from
other agencies are supplied, DBE credit will be given only for the broker fees charged, and
will not include amounts paid to the officers. The broker fees must be reasonable.
14.05 Commercially Useful Function:
A prime contractor can credit expenditures to a DBE subcontractor only if the DBE performs
a Commercially Useful Function (CUF).
In conformity with 49 CFR Part 26.55(c), a DBE performs a CUF when it is responsible for
execution of the work of a contract and carries out its responsibilities by actually performing,
managing, and supervising the work involved. To perform a commercially useful function, the
DBE must also be responsible, with respect to materials and supplies on the contract, for
negotiating price, determining quality and quantity, ordering the material, and installing (where
applicable) and paying for the material itself that it uses on the project. To determine whether
a DBE is performing a commercially useful function, the LPA/Subrecipient will evaluate the
amount of work subcontracted, industry practices, whether the amount the firm is to be paid
under the contract is commensurate with the work it is actually performing and the DBE credit
claimed for its performance of the work, and other relevant factors.
A DBE will not be considered to perform a commercially useful function if its role is limited to
that of an extra participant in a transaction, contract, or project through which funds are
passed in order to obtain the appearance of DBE participation. In determining whether a DBE
is such an extra participant, the LPA/Subrecipient will examine similar transactions,
particularly those in which DBEs do not participate.
If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of
its contract with its own work force, or if the DBE subcontracts a greater portion of the work
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Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
of a contract than would be expected within normal industry practice for the type of work
involved, the LPA/Subrecipient will presume that the DBE is not performing a commercially
useful function.
When a DBE is presumed not to be performing a commercially useful function as provided
above, the DBE may present evidence to rebut this presumption. The LPA/Subrecipient will
determine if the firm is performing a CUF given the type of work involved and normal industry
practices.
The LPA/Subrecipient will notify the contractor, in writing, if it determines that the contractor’s
DBE subcontractor is not performing a CUF. The contractor will be notified within seven
calendar days of the LPA/Subrecipient’s decision.
Decisions on CUF may be appealed to the Department’s BECO. The appeal must be in writing
and personally delivered or sent by certified mail, return receipt requested, to the
Department’s BECO. The appeal must be received by the Department’s BECO no later than
seven calendar days after the decision of LPA/Subrecipient. LPA/Subrecipient decision
remains in effect unless and until The Department’s BECO reverses or modifies
LPA/Subrecipient decision. The Department’s BECO will promptly consider any appeals
under this subsection and notify the contractor of the Department’s BECO findings and
decisions. Decisions on CUF matters are not administratively appealable to USDOT.
The LPA/Subrecipient will conduct project site visits on the contract to confirm that DBEs are
performing a CUF. The contractor shall cooperate during the site visits and the
LPA/Subrecipient staff will make every effort not to disrupt work on the project.
14.06 Trucking:
In conformity with 49 CFR Part 26.55(d), the LPA/Subrecipient will use the following factors
in determining whether a DBE trucking company is performing a commercially useful function.
The DBE must be responsible for the management and supervision of the entire trucking
operation for which it is responsible on a particular contract.
The DBE must itself own and operate at least one fully licensed, insured, and operational
truck used on the contract on every day that credit is to be given for trucking.
The contractor will receive credit for the total value of transportation services provided by the
DBE using trucks it owns, insures and operates, and using drivers it employs.
The DBE may lease trucks from another DBE firm, including an owner-operator who is
certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total
value of the transportation services.
The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE
who leases trucks with drivers from a non-DBE is entitled to credit for the total value of the
transportation services provided by non-DBE leased trucks with drivers not to exceed the
value of transportation services on the contract provided by DBE-owned trucks or leased
trucks with DBE employee drivers. Additional participation by non-DBE owned trucks with
drivers receives credit only for the fee or commission paid to the DBE as a result of the lease
agreement.
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Example: DBE Firm X uses two of its own trucks on a contract. It leases two trucks from DBE
Firm Y and six trucks from non-DBE firm Z. DBE credit would be awarded for the total value
of transportation services provided by Firm X and Firm Y, and may also be awarded for the
total value of transportation services provided by four of the six trucks provided by Firm Z. In
all, full credit would be allowed for the participation of eight trucks. DBE credit could be
awarded only for the fees or commissions pertaining to the remaining trucks Firm X receives
as a result of the lease with Firm Z.
The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE
leases trucks from a non-DBE leasing company and uses its own employees as drivers, it is
entitled to credit for the total value of these hauling services.
Example: DBE Firm X uses two of its own trucks on a contract. It leases three additional
trucks from non-DBE Firm Z. Firm X uses its own employees to drive the trucks leased from
Firm Z. DBE credit would be awarded for the total value of the transportation services provided
by all five trucks.
For purposes of this section, a lease must indicate that the DBE has exclusive use of and
control over the truck. This does not preclude the leased truck from working for others during
the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute
priority for use of the leased truck. Leased trucks must display the name and identification
number of the DBE. Credit will be allowed only for those lease costs related to the time each
truck is devoted to the project.
DBE credit for supplying paving grade asphalt and other asphalt products will only be
permitted for standard industry hauling costs, and only if the DBE is owner or lessee of the
equipment and trucks. Leases for trucks must be long term (extending for a fixed time period
and not related to time for contract performance) and must include all attendant
responsibilities such as insurance, titling, hazardous waste requirements, and payment of
drivers.
14.07 Materials and Supplies:
In conformity with 49 CFR Part 26.55(e), the LPA/Subrecipient will credit expenditures with
DBEs for material and supplies towards the DBE goal as follows:
(A) If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the
cost of the materials or supplies is credited.
(1) A DBE manufacturer is defined as: a firm that owns, or leases, and operates a
factory or establishment that produces, on the premises, the materials, supplies,
articles, or equipment required under the contract, and of the general character
described by the specifications.
(2) Manufacturing includes blending or modifying raw materials or assembling
components to create the product to meet contract specifications. When a DBE
makes minor modifications to the materials, supplies, articles, or equipment, the
DBE is not a manufacturer. Minor modifications are additional changes to a
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manufactured product that are small in scope and add minimal value to the final
product.
(B) If the materials or supplies are purchased from a DBE regular dealer, 60 percent of the
cost of the materials or supplies, (including transportation costs), is credited.
(1) A DBE regular dealer is defined as: a firm that owns, or leases, and operates, or
maintains a store or warehouse or other establishment in which the materials,
supplies, articles, or equipment of the general character described by the
specifications and required under the contract are bought, kept in sufficient
quantities, and regularly sold or leased to the public in the usual course of
business.
(a) To be a regular dealer, the firm must be an established, regular business that
engages, as its principal business and under its own name, in the purchase and
sale or lease of the products in question.
(b) Items kept and regularly sold by the DBE are of the “general character” when
they share the same material characteristics and application as the items
specified by the contract.
(2) A firm may be a DBE regular dealer in such bulk items as petroleum products,
steel, concrete or concrete products, stone or asphalt without owning and
operating a place of business, as provided above, if the person both owns and
operates distribution equipment used to deliver the products. Any supplementing
of regular dealers’ own distribution equipment must be by a long-term operating
lease, and not on an ad-hoc or contract-by-contract basis.
(3) A DBE supplier performs a CUF as a regular dealer and receives credit for 60
percent of the cost of materials or supplies, including transportation cost, when
all, or at least 51 percent of, the items under a purchase order or subcontract are
provided from the DBE's inventory, and when necessary, any minor quantities
delivered from and by other sources are of the general character as those
provided from the DBE's inventory.
(4) A DBE supplier of items that are not typically stocked due to their unique
characteristics (e.g., limited shelf life or items ordered to specification) should be
considered in the same manner as a regular dealer of bulk items as described
above. If the DBE supplier of these items does not own or lease distribution
equipment, as described above, it is not a regular dealer.
(5) Packagers, brokers, manufacturers’ representatives, or other persons who
arrange, facilitate or expedite transactions are not regular dealers within the
meaning of this paragraph and the paragraph above.
(C) If the materials or supplies are purchased from a DBE distributor that neither maintains
sufficient inventory nor uses its own distribution equipment for the products in question,
40 percent of the cost of materials or supplies (including transportation costs) count for
credit.
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Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
(1) A DBE distributor is defined as: an established business that engages in the
regular sale or lease of the items specified by the contract. A DBE distributor
assumes responsibility for the items it purchases once they leave the point of
origin (e.g., a manufacturer's facility), making it liable for any loss or damage not
covered by the carrier's insurance.
(2) A DBE distributor performs a CUF when it demonstrates ownership of the items
in question and assumes all risk for loss or damage during transportation,
evidenced by the terms of the purchase order or a bill of lading (BOL) from a third
party, indicating Free on Board (FOB) at the point of origin or similar terms that
transfer responsibility of the items in question to the DBE distributor.
(3) If paragraph (1) and paragraph (2), above, are met, DBE distributors may receive
40 percent for drop-shipped items.
(4) Terms that transfer liability to the distributor at the delivery destination (e.g., FOB
destination), or deliveries made or arranged by the manufacturer or another seller
do not satisfy this requirement.
(D) With respect to materials or supplies purchased from a DBE which is neither a
manufacturer, a regular dealer, nor a distributor, the following standards shall apply:
(1) The LPA/Subrecipient will credit the entire amount of the fees or commissions
charged by the DBE for: (1) assistance in the procurement of the materials and
supplies, or (2) fees or transportation charges for the delivery of materials or
supplies required on a job site, toward DBE goals.
(2) The LPA/Subrecipient will only credit the fees or commissions charged by the
DBE if the Department determines the fees to be reasonable and not excessive
as compared with fees customarily allowed for similar services.
(3) The cost of the materials and supplies themselves may not be counted toward the
DBE goal.
(E) The LPA/Subrecipient will credit expenditures with DBEs for material and supplies (e.g.
whether a firm is acting as a regular dealer, distributor or a transaction facilitator)
towards the DBE goal on a contract-by-contract basis.
(F) The fact that a DBE firm qualifies under a classification (manufacturer, regular dealer,
distributor or supplier) for one contract does not mean it will qualify for the same
classification on another contract.
(G) The bidder shall be responsible for verifying whether a DBE qualifies as a DBE
manufacturer, regular dealer, distributor or supplier.
(1) For each DBE firm listed as a regular dealer or distributor, the bidder must assess
a DBE firm’s eligibility for 60 or 40 percent credit, respectively, of the cost of
materials and supplies based on its demonstrated capacity and intent to perform
as a regular dealer or distributor.
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Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
(2) To receive credit toward the DBE goal, the bidder shall use and submit the form
made available on BECO's website at azdot.gov/business/business-engagement-
and-compliance/lpasubrecipient/contract-forms-specs to affirm the DBE firm’s
capacity and intent to perform as a regular dealer or distributor.
15.0 Joint Checks:
15.01 Requirements:
A DBE subcontractor and a material supplier (or equipment supplier) may request permission
for the use of joint checks for payments from the prime contractor to the DBE subcontractor
and the supplier. Joint checks may be issued only if all the conditions in this subsection are
met.
(A) The DBE subcontractor must be independent from the prime contractor and the
supplier, and must perform a commercially useful function. The DBE subcontractor must
be responsible for negotiating the price of the material, determining quality and quantity,
ordering the materials, installing (where applicable), and paying for the material. The
DBE subcontractor may not be utilized as an extra participant in a transaction, contract,
or project in order to obtain the appearance of DBE participation.
(B) The use of joint checks will be allowed only if the prime contractor, DBE subcontractor,
and material supplier establish that the use of joint checks in similar transactions is a
commonly recognized business practice in the industry, particularly with respect to
similar transactions in which DBE’s do not participate.
(C) A material or supply contract may not bear an excessive ratio relative to the DBE
subcontractor’s normal capacity.
(D) There may not be any exclusive arrangement between one prime and one DBE in the
use of joint checks that may bring into question whether the DBE is independent of the
prime contractor.
(E) Any arrangement for joint checks must be in writing, and for a specific term (for example,
one year, or a specified number of months) that does not exceed a reasonable time to
establish a suitable credit line with the supplier.
(F) The prime contractor may act solely as the payer of the joint check, and may not have
responsibility for establishing the terms of the agreement between the DBE
subcontractor and the supplier.
(G) The DBE must be responsible for receiving the check from the prime contractor and
delivering the check to the supplier.
(H) The prime contractor cannot require the DBE subcontractor to use a specific supplier,
and the prime contractor may not participate in the negotiation of unit prices between
the DBE subcontractor and the supplier.
15.02 Procedure and Compliance:
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Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
(A) BECO must approve the agreement for the use of joint checks in writing before any joint
checks are issued. The prime contractor shall submit a DBE joint check request form,
available from the BECO website, along with the joint check agreement, to
LPA/Subrecipient and BECO through email within seven calendar days from the time
the subcontract is executed.
(B) After obtaining authorization from BECO for the use of joint checks, the prime
contractor, the DBE, and the supplier must retain documentation to allow for efficient
monitoring of the agreement by the LPA/Subrecipient.
(C) Copies of canceled checks must be submitted, with the payment information for the
period in which the joint check was issued, electronically through email to
LPA/Subrecipient Procurement Office and made available for review at the time of the
onsite CUF review. The prime contractor, DBE, and supplier each have an independent
duty to report to the LPA/Subrecipient in the case of any change from the approved joint
check arrangement.
(D) Any failure to comply will be considered by the LPA/Subrecipient, with the Department’s
concurrence to be a material breach of this contract and will subject the prime
contractor, DBE, and supplier to contract remedies and, in the case of serious violations,
a potential for termination of the contract, or other remedies which may prevent future
participation by the offending party.
16.0 Certification of Final DBE Payments:
DBE participation on the contract is measured by actual payments made to the DBEs. The
contractor shall submit the “Certification of Final DBE Payments” form for each DBE firm
working on the contract. This form shall be signed by the contractor and the relevant DBE,
and submitted to the LPA/Subrecipient no later than 30 days after the DBE completes its
work.
The contractor will not be released from the obligations of the contract until the “Certification
of Final DBE Payments” forms are received and deemed acceptable by the LPA/Subrecipient.
17.0 False, Fraudulent, or Dishonest Conduct:
In addition to any other remedies or actions, the Department will bring to the attention of the
USDOT any appearance of false, fraudulent, or dishonest conduct in connection with the DBE
program, so that USDOT can take steps such as referral to the Department of Justice for
criminal prosecution, referral to the USDOT Inspector General for possible initiation of
suspension and debarment proceedings against the offending parties or application of
“Program Fraud and Civil Penalties” rules provided in 49 CFR Part 31.
Construction DBE Provisions October 2025
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Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
9.0
FHWA 1273

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
performed on the contract by the contractor's own organization
I. General and with the assistance of workers under the contractor's
II. Nondiscrimination immediate superintendence and to all work performed on the
III. Non-segregated Facilities contract by piecework, station work, or by subcontract. 23
IV. Davis-Bacon and Related Act Provisions CFR 633.102(d).
V. Contract Work Hours and Safety Standards Act
Provisions 3. A breach of any of the stipulations contained in these
VI. Subletting or Assigning the Contract Required Contract Provisions may be sufficient grounds for
VII. Safety: Accident Prevention withholding of progress payments, withholding of final
VIII. False Statements Concerning Highway Projects payment, termination of the contract, suspension / debarment
IX. Implementation of Clean Air Act and Federal Water or any other action determined to be appropriate by the
Pollution Control Act contracting agency and FHWA.
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion 4. Selection of Labor: During the performance of this contract,
XI. Certification Regarding Use of Contract Funds for the contractor shall not use convict labor for any purpose
Lobbying within the limits of a construction project on a Federal-aid
XII. Use of United States-Flag Vessels: highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. 23 U.S.C. 114(b).
ATTACHMENTS The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
A. Employment and Materials Preference for Appalachian 23 U.S.C. 101(a).
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
I. GENERAL
The provisions of this section related to 23 CFR Part 230,
1. Form FHWA-1273 must be physically incorporated in each Subpart A, Appendix A are applicable to all Federal-aid
construction contract funded under title 23, United States construction contracts and to all related construction
Code, as required in 23 CFR 633.102(b) (excluding subcontracts of $10,000 or more. The provisions of 23 CFR
emergency contracts solely intended for debris removal). The Part 230 are not applicable to material supply, engineering, or
contractor (or subcontractor) must insert this form in each architectural service contracts.
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements In addition, the contractor and all subcontractors must comply
and other agreements for supplies or services). 23 CFR with the following policies: Executive Order 11246, 41 CFR
633.102(e). Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794),
The applicable requirements of Form FHWA-1273 are Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
incorporated by reference for work done under any purchase 2000d et seq.), and related regulations including 49 CFR Parts
order, rental agreement or agreement for other services. The 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider. 23 The contractor and all subcontractors must comply with: the
CFR 633.102(e). requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
Form FHWA-1273 must be included in all Federal-aid design- the Standard Federal Equal Employment Opportunity
build contracts, in all subcontracts and in lower tier Construction Contract Specifications in 41 CFR 60-4.3.
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for Note: The U.S. Department of Labor has exclusive authority to
supplies or services) in accordance with 23 CFR 633.102. The determine compliance with Executive Order 11246 and the
design-builder shall be responsible for compliance by any policies of the Secretary of Labor including 41 CFR Part 60,
subcontractor, lower-tier subcontractor or service provider. and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure
Contracting agencies may reference Form FHWA-1273 in compliance with 23 U.S.C. 140, Section 504 of the
solicitation-for-bids or request-for-proposals documents, Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and
however, the Form FHWA-1273 must be physically Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
incorporated (not referenced) in all contracts, subcontracts and 2000d et seq.), and related regulations including 49 CFR Parts
lower-tier subcontracts (excluding purchase orders, rental 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
agreements and other agreements for supplies or services
related to a construction contract). 23 CFR 633.102(b). The following provision is adopted from 23 CFR Part 230,
Subpart A, Appendix A, with appropriate revisions to conform
2. Subject to the applicability criteria noted in the following to the U.S. Department of Labor (US DOL) and FHWA
sections, these contract provisions shall apply to all work requirements.
1

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
1. Equal Employment Opportunity: Equal Employment d. Notices and posters setting forth the contractor's EEO
Opportunity (EEO) requirements not to discriminate and to policy will be placed in areas readily accessible to employees,
take affirmative action to assure equal opportunity as set forth applicants for employment and potential employees.
under laws, executive orders, rules, regulations (see 28 CFR
Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR e. The contractor's EEO policy and the procedures to
Part 60 and 49 CFR Part 27) and orders of the Secretary of implement such policy will be brought to the attention of
Labor as modified by the provisions prescribed herein, and employees by means of meetings, employee handbooks, or
imposed pursuant to 23 U.S.C. 140, shall constitute the EEO other appropriate means.
and specific affirmative action standards for the contractor's
project activities under this contract. The provisions of the 4. Recruitment: When advertising for employees, the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et contractor will include in all advertisements for employees the
seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 notation: "An Equal Opportunity Employer." All such
are incorporated by reference in this contract. In the execution advertisements will be placed in publications having a large
of this contract, the contractor agrees to comply with the circulation among minorities and women in the area from
following minimum specific requirement activities of EEO: which the project work force would normally be derived.
a. The contractor will work with the contracting agency and a. The contractor will, unless precluded by a valid
the Federal Government to ensure that it has made every bargaining agreement, conduct systematic and direct
good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral
of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To
of activities under the contract. 23 CFR 230.409 (g)(4) & (5). meet this requirement, the contractor will identify sources of
potential minority group employees and establish with such
b. The contractor will accept as its operating policy the identified sources procedures whereby minority and women
following statement: applicants may be referred to the contractor for employment
consideration.
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during b. In the event the contractor has a valid bargaining
employment, without regard to their race, religion, sex, agreement providing for exclusive hiring hall referrals, the
sexual orientation, gender identity, color, national origin, age contractor is expected to observe the provisions of that
or disability. Such action shall include: employment, agreement to the extent that the system meets the contractor's
upgrading, demotion, or transfer; recruitment or recruitment compliance with EEO contract provisions. Where
advertising; layoff or termination; rates of pay or other forms implementation of such an agreement has the effect of
of compensation; and selection for training, including discriminating against minorities or women, or obligates the
apprenticeship, pre-apprenticeship, and/or on-the-job contractor to do the same, such implementation violates
training." Federal nondiscrimination provisions.
2. EEO Officer: The contractor will designate and make c. The contractor will encourage its present employees to
known to the contracting officers an EEO Officer who will have refer minorities and women as applicants for employment.
the responsibility for and must be capable of effectively Information and procedures with regard to referring such
administering and promoting an active EEO program and who applicants will be discussed with employees.
must be assigned adequate authority and responsibility to do
so. 5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
3. Dissemination of Policy: All members of the contractor's personnel actions of every type, including hiring, upgrading,
staff who are authorized to hire, supervise, promote, and promotion, transfer, demotion, layoff, and termination, shall be
discharge employees, or who recommend such action or are taken without regard to race, color, religion, sex, sexual
substantially involved in such action, will be made fully orientation, gender identity, national origin, age or disability.
cognizant of and will implement the contractor's EEO policy The following procedures shall be followed:
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above a. The contractor will conduct periodic inspections of project
agreement will be met, the following actions will be taken as a sites to ensure that working conditions and employee facilities
minimum: do not indicate discriminatory treatment of project site
personnel.
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then b. The contractor will periodically evaluate the spread of
not less often than once every six months, at which time the wages paid within each classification to determine any
contractor's EEO policy and its implementation will be evidence of discriminatory wage practices.
reviewed and explained. The meetings will be conducted by
the EEO Officer or other knowledgeable company official. c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
b. All new supervisory or personnel office employees will be discrimination. Where evidence is found, the contractor will
given a thorough indoctrination by the EEO Officer, covering promptly take corrective action. If the review indicates that the
all major aspects of the contractor's EEO obligations within discrimination may extend beyond the actions reviewed, such
thirty days following their reporting for duty with the contractor. corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for d. The contractor will promptly investigate all complaints of
the project will be instructed by the EEO Officer in the alleged discrimination made to the contractor in connection
contractor's procedures for locating and hiring minorities and with its obligations under this contract, will attempt to resolve
women. such complaints, and will take appropriate corrective action
2

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
within a reasonable time. If the investigation indicates that the sufficient referrals (even though it is obligated to provide
discrimination may affect persons other than the complainant, exclusive referrals under the terms of a collective bargaining
such corrective action shall include such other persons. Upon agreement) does not relieve the contractor from the
completion of each investigation, the contractor will inform requirements of this paragraph. In the event the union referral
every complainant of all of their avenues of appeal. practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
6. Training and Promotion: special provisions, such contractor shall immediately notify the
contracting agency.
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are 8. Reasonable Accommodation for Applicants /
applicants for employment or current employees. Such efforts Employees with Disabilities: The contractor must be familiar
should be aimed at developing full journey level status with the requirements for and comply with the Americans with
employees in the type of trade or job classification involved. Disabilities Act and all rules and regulations established
thereunder. Employers must provide reasonable
b. Consistent with the contractor's work force requirements accommodation in all employment activities unless to do so
and as permissible under Federal and State regulations, the would cause an undue hardship.
contractor shall make full use of training programs (i.e.,
apprenticeship and on-the-job training programs for the 9. Selection of Subcontractors, Procurement of Materials
geographical area of contract performance). In the event a and Leasing of Equipment: The contractor shall not
special provision for training is provided under this contract, discriminate on the grounds of race, color, religion, sex, sexual
this subparagraph will be superseded as indicated in the orientation, gender identity, national origin, age, or disability in
special provision. The contracting agency may reserve the selection and retention of subcontractors, including
training positions for persons who receive welfare assistance procurement of materials and leases of equipment. The
in accordance with 23 U.S.C. 140(a). contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance a. The contractor shall notify all potential subcontractors,
requirements for each. suppliers, and lessors of their EEO obligations under this
contract.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and b. The contractor will use good faith efforts to ensure
women and will encourage eligible employees to apply for subcontractor compliance with their EEO obligations.
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon 10. Assurances Required:
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to a. The requirements of 49 CFR Part 26 and the State
increase opportunities for minorities and women. 23 CFR DOT’s FHWA-approved Disadvantaged Business Enterprise
230.409. Actions by the contractor, either directly or through a (DBE) program are incorporated by reference.
contractor's association acting as agent, will include the
procedures set forth below: b. The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex
a. The contractor will use good faith efforts to develop, in in the performance of this contract. The contractor shall carry
cooperation with the unions, joint training programs aimed out applicable requirements of 49 CFR part 26 in the award
toward qualifying more minorities and women for membership and administration of DOT-assisted contracts. Failure by the
in the unions and increasing the skills of minorities and women contractor to carry out these requirements is a material breach
so that they may qualify for higher paying employment. of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
b. The contractor will use good faith efforts to incorporate an appropriate, which may include, but is not limited to:
EEO clause into each union agreement to the end that such (1) Withholding monthly progress payments;
union will be contractually bound to refer applicants without (2) Assessing sanctions;
regard to their race, color, religion, sex, sexual orientation, (3) Liquidated damages; and/or
gender identity, national origin, age, or disability. (4) Disqualifying the contractor from future bidding as non-
responsible.
c. The contractor is to obtain information as to the referral c. The Title VI and nondiscrimination provisions of U.S.
practices and policies of the labor union except that to the DOT Order 1050.2A at Appendixes A and E are incorporated
extent such information is within the exclusive possession of by reference. 49 CFR Part 21.
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to 11. Records and Reports: The contractor shall keep such
the contracting agency and shall set forth what efforts have records as necessary to document compliance with the EEO
been made to obtain such information. requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
d. In the event the union is unable to provide the contractor contractor for all contract work and shall be available at
with a reasonable flow of referrals within the time limit set forth reasonable times and places for inspection by authorized
in the collective bargaining agreement, the contractor will, representatives of the contracting agency and the FHWA.
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, sexual a. The records kept by the contractor shall document the
orientation, gender identity, national origin, age, or disability; following:
making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide
3

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
(1) The number and work hours of minority and non- Projects funded under 23 U.S.C. 117, and National Highway
minority group members and women employed in each work Freight Program projects funded under 23 U.S.C. 167.
classification on the project;
(2) The progress and efforts being made in cooperation The following provisions are from the U.S. Department of
with unions, when applicable, to increase employment Labor regulations in 29 CFR 5.5 “Contract provisions and
opportunities for minorities and women; and related matters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women. 1. Minimum wages (29 CFR 5.5)
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of a. Wage rates and fringe benefits. All laborers and
the project indicating the number of minority, women, and non- mechanics employed or working upon the site of the work (or
minority group employees currently engaged in each work otherwise working in construction or development of the
classification required by the contract work. This information is project under a development statute), will be paid
to be reported on Form FHWA-1391. The staffing data should unconditionally and not less often than once a week, and
represent the project work force on board in all or any part of without subsequent deduction or rebate on any account
the last payroll period preceding the end of July. If on-the-job (except such payroll deductions as are permitted by
training is being required by special provision, the contractor regulations issued by the Secretary of Labor under the
will be required to collect and report training data. The Copeland Act (29 CFR part 3)), the full amount of basic hourly
employment data should reflect the work force on board during wages and bona fide fringe benefits (or cash equivalents
all or any part of the last payroll period preceding the end of thereof) due at time of payment computed at rates not less
July. than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
III. NONSEGREGATED FACILITIES be alleged to exist between the contractor and such laborers
and mechanics. As provided in paragraphs (d) and (e) of 29
This provision is applicable to all Federal-aid construction CFR 5.5, the appropriate wage determinations are effective by
contracts and to all related construction subcontracts of more operation of law even if they have not been attached to the
than $10,000. 41 CFR 60-1.5. contract. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under the Davis-Bacon Act (40
As prescribed by 41 CFR 60-1.8, the contractor must ensure U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are
that facilities provided for employees are provided in such a considered wages paid to such laborers or mechanics, subject
manner that segregation on the basis of race, color, religion, to the provisions of paragraph 1.e. of this section; also, regular
sex, sexual orientation, gender identity, or national origin contributions made or costs incurred for more than a weekly
cannot result. The contractor may neither require such period (but not less often than quarterly) under plans, funds, or
segregated use by written or oral policies nor tolerate such use programs which cover the particular weekly period, are
by employee custom. The contractor's obligation extends deemed to be constructively made or incurred during such
further to ensure that its employees are not assigned to weekly period. Such laborers and mechanics must be paid the
perform their services at any location under the contractor's appropriate wage rate and fringe benefits on the wage
control where the facilities are segregated. The term "facilities" determination for the classification(s) of work actually
includes waiting rooms, work areas, restaurants and other performed, without regard to skill, except as provided in
eating areas, time clocks, restrooms, washrooms, locker paragraph 4. of this section. Laborers or mechanics performing
rooms and other storage or dressing areas, parking lots, work in more than one classification may be compensated at
drinking fountains, recreation or entertainment areas, the rate specified for each classification for the time actually
transportation, and housing provided for employees. The worked therein: Provided, That the employer's payroll records
contractor shall provide separate or single-user restrooms and accurately set forth the time spent in each classification in
necessary dressing or sleeping areas to assure privacy which work is performed. The wage determination (including
between sexes. any additional classifications and wage rates conformed under
paragraph 1.c. of this section) and the Davis-Bacon poster
(WH–1321) must be posted at all times by the contractor and
IV. DAVIS-BACON AND RELATED ACT PROVISIONS its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and b. Frequently recurring classifications. (1) In addition to wage
lower-tier subcontracts (regardless of subcontract size), in and fringe benefit rates that have been determined to be
accordance with 29 CFR 5.5. The requirements apply to all prevailing under the procedures set forth in 29 CFR part 1, a
projects located within the right-of-way of a roadway that is wage determination may contain, pursuant to § 1.3(f), wage
functionally classified as Federal-aid highway. 23 U.S.C. 113. and fringe benefit rates for classifications of laborers and
This excludes roadways functionally classified as local roads mechanics for which conformance requests are regularly
or rural minor collectors, which are exempt. 23 U.S.C. 101. submitted pursuant to paragraph 1.c. of this section, provided
Where applicable law requires that projects be treated as a that:
project on a Federal-aid highway, the provisions of this subpart
will apply regardless of the location of the project. Examples (i) The work performed by the classification is not
include: Surface Transportation Block Grant Program projects performed by a classification in the wage determination for
funded under 23 U.S.C. 133 [excluding recreational trails which a prevailing wage rate has been determined;
projects], the Nationally Significant Freight and Highway
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(ii) The classification is used in the area by the under paragraphs 1.c.(3) and (4) of this section. The contractor
construction industry; and must furnish a written copy of such determination to each
affected worker or it must be posted as a part of the wage
(iii) The wage rate for the classification bears a reasonable determination. The wage rate (including fringe benefits where
relationship to the prevailing wage rates contained in the appropriate) determined pursuant to paragraph 1.c.(3) or (4) of
wage determination. this section must be paid to all workers performing work in the
classification under this contract from the first day on which
work is performed in the classification.
(2) The Administrator will establish wage rates for such
classifications in accordance with paragraph 1.c.(1)(iii) of this d. Fringe benefits not expressed as an hourly rate.
section. Work performed in such a classification must be paid Whenever the minimum wage rate prescribed in the contract
at no less than the wage and fringe benefit rate listed on the for a class of laborers or mechanics includes a fringe benefit
wage determination for such classification. which is not expressed as an hourly rate, the contractor may
either pay the benefit as stated in the wage determination or
c. Conformance. (1) The contracting officer must require that may pay another bona fide fringe benefit or an hourly cash
any class of laborers or mechanics, including helpers, which is equivalent thereof.
not listed in the wage determination and which is to be
employed under the contract be classified in conformance with e. Unfunded plans. If the contractor does not make
the wage determination. Conformance of an additional payments to a trustee or other third person, the contractor may
classification and wage rate and fringe benefits is appropriate consider as part of the wages of any laborer or mechanic the
only when the following criteria have been met: amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, That
(i) The work to be performed by the classification the Secretary of Labor has found, upon the written request of
requested is not performed by a classification in the wage the contractor, in accordance with the criteria set forth in
determination; and § 5.28, that the applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the
(ii) The classification is used in the area by the meeting of obligations under the plan or program.
construction industry; and
f. Interest. In the event of a failure to pay all or part of the
(iii) The proposed wage rate, including any bona fide fringe wages required by the contract, the contractor will be required
benefits, bears a reasonable relationship to the wage rates to pay interest on any underpayment of wages.
contained in the wage determination.
2. Withholding (29 CFR 5.5)
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications
listed in the wage determination. a. Withholding requirements. The contracting agency may,
upon its own action, or must, upon written request of an
authorized representative of the Department of Labor, withhold
(3) If the contractor and the laborers and mechanics to be or cause to be withheld from the contractor so much of the
employed in the classification (if known), or their accrued payments or advances as may be considered
representatives, and the contracting officer agree on the necessary to satisfy the liabilities of the prime contractor or any
classification and wage rate (including the amount designated subcontractor for the full amount of wages and monetary relief,
for fringe benefits where appropriate), a report of the action including interest, required by the clauses set forth in this
taken will be sent by the contracting officer by email to section for violations of this contract, or to satisfy any such
DBAconformance@dol.gov. The Administrator, or an liabilities required by any other Federal contract, or federally
authorized representative, will approve, modify, or disapprove assisted contract subject to Davis-Bacon labor standards, that
every additional classification action within 30 days of receipt is held by the same prime contractor (as defined in § 5.2). The
and so advise the contracting officer or will notify the necessary funds may be withheld from the contractor under
contracting officer within the 30–day period that additional time this contract, any other Federal contract with the same prime
is necessary. contractor, or any other federally assisted contract that is
subject to Davis-Bacon labor standards requirements and is
(4) In the event the contractor, the laborers or mechanics to held by the same prime contractor, regardless of whether the
be employed in the classification or their representatives, and other contract was awarded or assisted by the same agency,
the contracting officer do not agree on the proposed and such funds may be used to satisfy the contractor liability
classification and wage rate (including the amount designated for which the funds were withheld. In the event of a
for fringe benefits, where appropriate), the contracting officer contractor's failure to pay any laborer or mechanic, including
will, by email to DBAconformance@dol.gov, refer the any apprentice or helper working on the site of the work all or
questions, including the views of all interested parties and the part of the wages required by the contract, or upon the
recommendation of the contracting officer, to the Administrator contractor's failure to submit the required records as discussed
for determination. The Administrator, or an authorized in paragraph 3.d. of this section, the contracting agency may
representative, will issue a determination within 30 days of on its own initiative and after written notice to the contractor,
receipt and so advise the contracting officer or will notify the take such action as may be necessary to cause the
contracting officer within the 30–day period that additional time suspension of any further payment, advance, or guarantee of
is necessary. funds until such violations have ceased.
(5) The contracting officer must promptly notify the b. Priority to withheld funds. The Department has priority to
contractor of the action taken by the Wage and Hour Division funds withheld or to be withheld in accordance with paragraph
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2.a. of this section or Section V, paragraph 3.a., or both, over agency. The prime contractor is responsible for the submission
claims to those funds by: of all certified payrolls by all subcontractors. A contracting
agency or prime contractor may permit or require contractors
(1) A contractor's surety(ies), including without limitation to submit certified payrolls through an electronic system, as
performance bond sureties and payment bond sureties; long as the electronic system requires a legally valid electronic
signature; the system allows the contractor, the contracting
agency, and the Department of Labor to access the certified
(2) A contracting agency for its reprocurement costs; payrolls upon request for at least 3 years after the work on the
prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
(3) A trustee(s) (either a court-appointed trustee or a U.S. submission in situations where the contractor is unable or
trustee, or both) in bankruptcy of a contractor, or a contractor's limited in its ability to use or access the electronic system.
bankruptcy estate;
(2) Information required. The certified payrolls submitted
(4) A contractor's assignee(s); must set out accurately and completely all of the information
required to be maintained under paragraph 3.a.(2) of this
(5) A contractor's successor(s); or section, except that full Social Security numbers and last
known addresses, telephone numbers, and email addresses
must not be included on weekly transmittals. Instead, the
(6) A claim asserted under the Prompt Payment Act, 31 certified payrolls need only include an individually identifying
U.S.C. 3901–3907. number for each worker ( e.g., the last four digits of the
worker's Social Security number). The required weekly
3. Records and certified payrolls (29 CFR 5.5) certified payroll information may be submitted using Optional
Form WH–347 or in any other format desired. Optional Form
WH–347 is available for this purpose from the Wage and Hour
a. Basic record requirements (1) Length of record retention. Division website at https://www.dol.gov/sites/dolgov/files/WHD/
All regular payrolls and other basic records must be legacy/files/wh347/.pdf or its successor website. It is not a
maintained by the contractor and any subcontractor during the violation of this section for a prime contractor to require a
course of the work and preserved for all laborers and subcontractor to provide full Social Security numbers and last
mechanics working at the site of the work (or otherwise known addresses, telephone numbers, and email addresses to
working in construction or development of the project under a the prime contractor for its own records, without weekly
development statute) for a period of at least 3 years after all submission by the subcontractor to the contracting agency.
the work on the prime contract is completed.
(3) Statement of Compliance. Each certified payroll
(2) Information required. Such records must contain the submitted must be accompanied by a “Statement of
name; Social Security number; last known address, telephone Compliance,” signed by the contractor or subcontractor, or the
number, and email address of each such worker; each contractor's or subcontractor's agent who pays or supervises
worker's correct classification(s) of work actually performed; the payment of the persons working on the contract, and must
hourly rates of wages paid (including rates of contributions or certify the following:
costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act); daily and weekly number (i) That the certified payroll for the payroll period contains
of hours actually worked in total and on each covered contract; the information required to be provided under paragraph 3.b.
deductions made; and actual wages paid. of this section, the appropriate information and basic records
are being maintained under paragraph 3.a. of this section,
and such information and records are correct and complete;
(3) Additional records relating to fringe benefits. Whenever
the Secretary of Labor has found under paragraph 1.e. of this
section that the wages of any laborer or mechanic include the (ii) That each laborer or mechanic (including each helper
amount of any costs reasonably anticipated in providing and apprentice) working on the contract during the payroll
benefits under a plan or program described in 40 U.S.C. period has been paid the full weekly wages earned, without
3141(2)(B) of the Davis-Bacon Act, the contractor must rebate, either directly or indirectly, and that no deductions
maintain records which show that the commitment to provide have been made either directly or indirectly from the full
such benefits is enforceable, that the plan or program is wages earned, other than permissible deductions as set
financially responsible, and that the plan or program has been forth in 29 CFR part 3; and
communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual (iii) That each laborer or mechanic has been paid not less
cost incurred in providing such benefits. than the applicable wage rates and fringe benefits or cash
equivalents for the classification(s) of work actually
(4) Additional records relating to apprenticeship. Contractors performed, as specified in the applicable wage determination
with apprentices working under approved programs must incorporated into the contract.
maintain written evidence of the registration of apprenticeship
programs, the registration of the apprentices, and the ratios (4) Use of Optional Form WH–347. The weekly submission
and wage rates prescribed in the applicable programs. of a properly executed certification set forth on the reverse
side of Optional Form WH–347 will satisfy the requirement for
b. Certified payroll requirements (1) Frequency and method submission of the “Statement of Compliance” required by
of submission. The contractor or subcontractor must submit paragraph 3.b.(3) of this section.
weekly, for each week in which any DBA- or Related Acts-
covered work is performed, certified payrolls to the contracting
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(5) Signature. The signature by the contractor, of each covered worker, and must provide them upon request
subcontractor, or the contractor's or subcontractor's agent to the contracting agency, the State DOT, the FHWA, the
must be an original handwritten signature or a legally valid contractor, or the Wage and Hour Division of the Department
electronic signature. of Labor for purposes of an investigation or other compliance
action.
(6) Falsification. The falsification of any of the above
certifications may subject the contractor or subcontractor to 4. Apprentices and equal employment opportunity (29 CFR
civil or criminal prosecution under 18 U.S.C. 1001 and 31 5.5)
U.S.C. 3729.
a. Apprentices (1) Rate of pay. Apprentices will be permitted
(7) Length of certified payroll retention. The contractor or to work at less than the predetermined rate for the work they
subcontractor must preserve all certified payrolls during the perform when they are employed pursuant to and individually
course of the work and for a period of 3 years after all the work registered in a bona fide apprenticeship program registered
on the prime contract is completed. with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship (OA), or with a State
c. Contracts, subcontracts, and related documents. The Apprenticeship Agency recognized by the OA. A person who is
contractor or subcontractor must maintain this contract or not individually registered in the program, but who has been
subcontract and related documents including, without certified by the OA or a State Apprenticeship Agency (where
limitation, bids, proposals, amendments, modifications, and appropriate) to be eligible for probationary employment as an
extensions. The contractor or subcontractor must preserve apprentice, will be permitted to work at less than the
these contracts, subcontracts, and related documents during predetermined rate for the work they perform in the first 90
the course of the work and for a period of 3 years after all the days of probationary employment as an apprentice in such a
work on the prime contract is completed. program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be
d. Required disclosures and access (1) Required record permitted to use apprentices at less than the applicable
disclosures and access to workers. The contractor or predetermined rate for the work performed until an acceptable
subcontractor must make the records required under program is approved.
paragraphs 3.a. through 3.c. of this section, and any other
documents that the contracting agency, the State DOT, the (2) Fringe benefits. Apprentices must be paid fringe benefits
FHWA, or the Department of Labor deems necessary to in accordance with the provisions of the apprenticeship
determine compliance with the labor standards provisions of program. If the apprenticeship program does not specify fringe
any of the applicable statutes referenced by § 5.1, available for benefits, apprentices must be paid the full amount of fringe
inspection, copying, or transcription by authorized benefits listed on the wage determination for the applicable
representatives of the contracting agency, the State DOT, the classification. If the Administrator determines that a different
FHWA, or the Department of Labor, and must permit such practice prevails for the applicable apprentice classification,
representatives to interview workers during working hours on fringe benefits must be paid in accordance with that
the job. determination.
(2) Sanctions for non-compliance with records and worker (3) Apprenticeship ratio. The allowable ratio of apprentices to
access requirements. If the contractor or subcontractor fails to journeyworkers on the job site in any craft classification must
submit the required records or to make them available, or not be greater than the ratio permitted to the contractor as to
refuses to permit worker interviews during working hours on the entire work force under the registered program or the ratio
the job, the Federal agency may, after written notice to the applicable to the locality of the project pursuant to paragraph
contractor, sponsor, applicant, owner, or other entity, as the 4.a.(4) of this section. Any worker listed on a payroll at an
case may be, that maintains such records or that employs apprentice wage rate, who is not registered or otherwise
such workers, take such action as may be necessary to cause employed as stated in paragraph 4.a.(1) of this section, must
the suspension of any further payment, advance, or guarantee be paid not less than the applicable wage rate on the wage
of funds. Furthermore, failure to submit the required records determination for the classification of work actually performed.
upon request or to make such records available, or to permit In addition, any apprentice performing work on the job site in
worker interviews during working hours on the job, may be excess of the ratio permitted under this section must be paid
grounds for debarment action pursuant to § 5.12. In addition, not less than the applicable wage rate on the wage
any contractor or other person that fails to submit the required determination for the work actually performed.
records or make those records available to WHD within the
time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative (4) Reciprocity of ratios and wage rates. Where a contractor
proceeding under 29 CFR part 6 any of the required records is performing construction on a project in a locality other than
that were not provided or made available to WHD. WHD will the locality in which its program is registered, the ratios and
take into consideration a reasonable request from the wage rates (expressed in percentages of the journeyworker's
contractor or person for an extension of the time for hourly rate) applicable within the locality in which the
submission of records. WHD will determine the construction is being performed must be observed. If there is
reasonableness of the request and may consider, among other no applicable ratio or wage rate for the locality of the project,
things, the location of the records and the volume of the ratio and wage rate specified in the contractor's registered
production. program must be observed.
(3) Required information disclosures. Contractors and b. Equal employment opportunity. The use of apprentices
subcontractors must maintain the full Social Security number and journeyworkers under this part must be in conformity with
and last known address, telephone number, and email address
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the equal employment opportunity requirements of Executive b. No part of this contract shall be subcontracted to any
Order 11246, as amended, and 29 CFR part 30. person or firm ineligible for award of a Government contract by
virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. Apprentices and Trainees (programs of the U.S. DOT).
c. The penalty for making false statements is prescribed in
Apprentices and trainees working under apprenticeship and the U.S. Code, Title 18 Crimes and Criminal Procedure, 18
skill training programs which have been certified by the U.S.C. 1001.
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not 11. Anti-retaliation. It is unlawful for any person to discharge,
subject to the requirements of paragraph 4 of this Section IV. demote, intimidate, threaten, restrain, coerce, blacklist, harass,
23 CFR 230.111(e)(2). The straight time hourly wage rates for or in any other manner discriminate against, or to cause any
apprentices and trainees under such programs will be person to discharge, demote, intimidate, threaten, restrain,
established by the particular programs. The ratio of coerce, blacklist, harass, or in any other manner discriminate
apprentices and trainees to journeyworkers shall not be against, any worker or job applicant for:
greater than permitted by the terms of the particular program.
a. Notifying any contractor of any conduct which the worker
5. Compliance with Copeland Act requirements. The reasonably believes constitutes a violation of the DBA, Related
contractor shall comply with the requirements of 29 CFR part Acts, this part, or 29 CFR part 1 or 3;
3, which are incorporated by reference in this contract as
provided in 29 CFR 5.5. b. Filing any complaint, initiating or causing to be initiated
any proceeding, or otherwise asserting or seeking to assert on
6. Subcontracts. The contractor or subcontractor must insert behalf of themselves or others any right or protection under the
FHWA-1273 in any subcontracts, along with the applicable DBA, Related Acts, this part, or 29 CFR part 1 or 3;
wage determination(s) and such other clauses or contract
modifications as the contracting agency may by appropriate c. Cooperating in any investigation or other compliance
instructions require, and a clause requiring the subcontractors action, or testifying in any proceeding under the DBA, Related
to include these clauses and wage determination(s) in any Acts, this part, or 29 CFR part 1 or 3; or
lower tier subcontracts. The prime contractor is responsible for
the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In d. Informing any other person about their rights under the
the event of any violations of these clauses, the prime DBA, Related Acts, this part, or 29 CFR part 1 or 3.
contractor and any subcontractor(s) responsible will be liable
for any unpaid wages and monetary relief, including interest
from the date of the underpayment or loss, due to any workers
of lower-tier subcontractors, and may be subject to debarment, V. CONTRACT WORK HOURS AND SAFETY STANDARDS
as appropriate. 29 CFR 5.5. ACT
7. Contract termination: debarment. A breach of the Pursuant to 29 CFR 5.5(b), the following clauses apply to any
contract clauses in 29 CFR 5.5 may be grounds for termination Federal-aid construction contract in an amount in excess of
of the contract, and for debarment as a contractor and a $100,000 and subject to the overtime provisions of the
subcontractor as provided in 29 CFR 5.12. Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by
29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
8. Compliance with Davis-Bacon and Related Act terms laborers and mechanics include watchpersons and
requirements. All rulings and interpretations of the Davis- guards.
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract as
provided in 29 CFR 5.5. 1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
9. Disputes concerning labor standards. As provided in 29 require or permit any such laborer or mechanic in any
CFR 5.5, disputes arising out of the labor standards provisions workweek in which he or she is employed on such work to
of this contract shall not be subject to the general disputes work in excess of forty hours in such workweek unless such
clause of this contract. Such disputes shall be resolved in laborer or mechanic receives compensation at a rate not less
accordance with the procedures of the Department of Labor than one and one-half times the basic rate of pay for all hours
set forth in 29 CFR parts 5, 6, and 7. Disputes within the worked in excess of forty hours in such workweek. 29 CFR
meaning of this clause include disputes between the contractor 5.5.
(or any of its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their
representatives. 2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph 1. of this section the contractor and any
10. Certification of eligibility. a. By entering into this contract, subcontractor responsible therefor shall be liable for the
the contractor certifies that neither it nor any person or firm unpaid wages and interest from the date of the underpayment.
who has an interest in the contractor's firm is a person or firm In addition, such contractor and subcontractor shall be liable to
ineligible to be awarded Government contracts by virtue of 40 the United States (in the case of work done under contract for
U.S.C. 3144(b) or § 5.12(a). the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or
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Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
mechanic, including watchpersons and guards, employed in event of any violations of these clauses, the prime contractor
violation of the clause set forth in paragraph 1. of this section, and any subcontractor(s) responsible will be liable for any
in the sum currently provided in 29 CFR 5.5(b)(2)* for each unpaid wages and monetary relief, including interest from the
calendar day on which such individual was required or date of the underpayment or loss, due to any workers of lower-
permitted to work in excess of the standard workweek of forty tier subcontractors, and associated liquidated damages and
hours without payment of the overtime wages required by the may be subject to debarment, as appropriate.
clause set forth in paragraph 1. of this section.
5. Anti-retaliation. It is unlawful for any person to discharge,
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may demote, intimidate, threaten, restrain, coerce, blacklist, harass,
be adjusted annually by the Department of Labor, pursuant to or in any other manner discriminate against, or to cause any
the Federal Civil Penalties Inflation Adjustment Act of 1990. person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate
against, any worker or job applicant for:
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting a. Notifying any contractor of any conduct which the worker
agency may, upon its own action, or must, upon written reasonably believes constitutes a violation of the Contract
request of an authorized representative of the Department of Work Hours and Safety Standards Act (CWHSSA) or its
Labor, withhold or cause to be withheld from the contractor so implementing regulations in this part;
much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime b. Filing any complaint, initiating or causing to be initiated
contractor or any subcontractor for any unpaid wages; any proceeding, or otherwise asserting or seeking to assert on
monetary relief, including interest; and liquidated damages behalf of themselves or others any right or protection under
required by the clauses set forth in this section on this CWHSSA or this part;
contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract subject to c. Cooperating in any investigation or other compliance
the Contract Work Hours and Safety Standards Act that is held action, or testifying in any proceeding under CWHSSA or this
by the same prime contractor (as defined in § 5.2). The part; or
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is d. Informing any other person about their rights under
subject to the Contract Work Hours and Safety Standards Act CWHSSA or this part.
and is held by the same prime contractor, regardless of
whether the other contract was awarded or assisted by the
same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld. VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
b. Priority to withheld funds. The Department has priority to contracts on the National Highway System pursuant to 23 CFR
funds withheld or to be withheld in accordance with Section IV 635.116.
paragraph 2.a. or paragraph 3.a. of this section, or both, over
claims to those funds by: 1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
(1) A contractor's surety(ies), including without limitation greater percentage if specified elsewhere in the contract) of
performance bond sureties and payment bond sureties; the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
(2) A contracting agency for its reprocurement costs; specialty items performed may be deducted from the total
original contract price before computing the amount of work
(3) A trustee(s) (either a court-appointed trustee or a U.S. required to be performed by the contractor's own organization
trustee, or both) in bankruptcy of a contractor, or a contractor's (23 CFR 635.116).
bankruptcy estate; a. The term “perform work with its own organization” in
paragraph 1 of Section VI refers to workers employed or
(4) A contractor's assignee(s); leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
(5) A contractor's successor(s); or subcontractor or lower tier subcontractor, agents of the prime
contractor, or any other assignees. The term may include
(6) A claim asserted under the Prompt Payment Act, 31 payments for the costs of hiring leased employees from an
U.S.C. 3901–3907. employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the
4. Subcontracts. The contractor or subcontractor must insert following conditions: (based on longstanding interpretation)
in any subcontracts the clauses set forth in paragraphs 1.
through 5. of this section and a clause requiring the (1) the prime contractor maintains control over the
subcontractors to include these clauses in any lower tier supervision of the day-to-day activities of the leased
subcontracts. The prime contractor is responsible for employees;
compliance by any subcontractor or lower tier subcontractor (2) the prime contractor remains responsible for the quality
with the clauses set forth in paragraphs 1. through 5. In the of the work of the leased employees;
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(3) the prime contractor retains all power to accept or health standards (29 CFR Part 1926) promulgated by the
exclude individual employees from work on the project; and Secretary of Labor, in accordance with Section 107 of the
(4) the prime contractor remains ultimately responsible for Contract Work Hours and Safety Standards Act (40 U.S.C.
the payment of predetermined minimum wages, the 3704). 29 CFR 1926.10.
submission of payrolls, statements of compliance and all
other Federal regulatory requirements. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
b. "Specialty Items" shall be construed to be limited to work thereof, shall have right of entry to any site of contract
that requires highly specialized knowledge, abilities, or performance to inspect or investigate the matter of compliance
equipment not ordinarily available in the type of contracting with the construction safety and health standards and to carry
organizations qualified and expected to bid or propose on the out the duties of the Secretary under Section 107 of the
contract as a whole and in general are to be limited to minor Contract Work Hours and Safety Standards Act (40 U.S.C.
components of the overall contract. 23 CFR 635.102. 3704).
2. Pursuant to 23 CFR 635.116(a), the contract amount upon
which the requirements set forth in paragraph (1) of Section VI VIII. FALSE STATEMENTS CONCERNING HIGHWAY
is computed includes the cost of material and manufactured PROJECTS
products which are to be purchased or produced by the
contractor under the contract provisions. This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish
(a) a competent superintendent or supervisor who is employed In order to assure high quality and durable construction in
by the firm, has full authority to direct performance of the work conformity with approved plans and specifications and a high
in accordance with the contract requirements, and is in charge degree of reliability on statements and representations made
of all construction operations (regardless of who performs the by engineers, contractors, suppliers, and workers on Federal-
work) and (b) such other of its own organizational resources aid highway projects, it is essential that all persons concerned
(supervision, management, and engineering services) as the with the project perform their functions as carefully, thoroughly,
contracting officer determines is necessary to assure the and honestly as possible. Willful falsification, distortion, or
performance of the contract. misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
4. No portion of the contract shall be sublet, assigned or misunderstanding regarding the seriousness of these and
otherwise disposed of except with the written consent of the similar acts, Form FHWA-1022 shall be posted on each
contracting officer, or authorized representative, and such Federal-aid highway project (23 CFR Part 635) in one or more
consent when given shall not be construed to relieve the places where it is readily available to all persons concerned
contractor of any responsibility for the fulfillment of the with the project:
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions 18 U.S.C. 1020 reads as follows:
and requirements of the prime contract. (based on long-
standing interpretation of 23 CFR 635.116). "Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
5. The 30-percent self-performance requirement of paragraph person, association, firm, or corporation, knowingly makes any
(1) is not applicable to design-build contracts; however, false statement, false representation, or false report as to the
contracting agencies may establish their own self-performance character, quality, quantity, or cost of the material used or to
requirements. 23 CFR 635.116(d). be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
VII. SAFETY: ACCIDENT PREVENTION of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts. Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
1. In the performance of this contract the contractor shall character, quality, quantity, or cost of any work performed or to
comply with all applicable Federal, State, and local laws be performed, or materials furnished or to be furnished, in
governing safety, health, and sanitation (23 CFR Part 635). connection with the construction of any highway or related
The contractor shall provide all safeguards, safety devices and project approved by the Secretary of Transportation; or
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be Whoever knowingly makes any false statement or false
reasonably necessary to protect the life and health of representation as to material fact in any statement, certificate,
employees on the job and the safety of the public and to or report submitted pursuant to provisions of the Federal-aid
protect property in connection with the performance of the Roads Act approved July 11, 1916, (39 Stat. 355), as
work covered by the contract. 23 CFR 635.108. amended and supplemented;
2. It is a condition of this contract, and shall be made a Shall be fined under this title or imprisoned not more than 5
condition of each subcontract, which the contractor enters into years or both."
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
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IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 e. The terms "covered transaction," "debarred,"
CFR 200.88; EO 11738) "suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
This provision is applicable to all Federal-aid construction in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200.
contracts in excess of $150,000 and to all related “First Tier Covered Transactions” refers to any covered
subcontracts. 48 CFR 2.101; 2 CFR 200.327. transaction between a recipient or subrecipient of Federal
funds and a participant (such as the prime or general contract).
By submission of this bid/proposal or the execution of this “Lower Tier Covered Transactions” refers to any covered
contract or subcontract, as appropriate, the bidder, proposer, transaction under a First Tier Covered Transaction (such as
Federal-aid construction contractor, subcontractor, supplier, or subcontracts). “First Tier Participant” refers to the participant
vendor agrees to comply with all applicable standards, orders who has entered into a covered transaction with a recipient or
or regulations issued pursuant to the Clean Air Act (42 U.S.C. subrecipient of Federal funds (such as the prime or general
7401-7671q) and the Federal Water Pollution Control Act, as contractor). “Lower Tier Participant” refers any participant who
amended (33 U.S.C. 1251-1387). Violations must be reported has entered into a covered transaction with a First Tier
to the Federal Highway Administration and the Regional Office Participant or other Lower Tier Participants (such as
of the Environmental Protection Agency. 2 CFR Part 200, subcontractors and suppliers).
Appendix II.
f. The prospective first tier participant agrees by submitting
The contractor agrees to include or cause to be included the this proposal that, should the proposed covered transaction be
requirements of this Section in every subcontract, and further entered into, it shall not knowingly enter into any lower tier
agrees to take such action as the contracting agency may covered transaction with a person who is debarred,
direct as a means of enforcing such requirements. 2 CFR suspended, declared ineligible, or voluntarily excluded from
200.327. participation in this covered transaction, unless authorized by
the department or agency entering into this transaction. 2
CFR 180.330.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY g. The prospective first tier participant further agrees by
EXCLUSION submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
This provision is applicable to all Federal-aid construction and Voluntary Exclusion-Lower Tier Covered Transactions,"
contracts, design-build contracts, subcontracts, lower-tier provided by the department or contracting agency, entering
subcontracts, purchase orders, lease agreements, consultant into this covered transaction, without modification, in all lower
contracts or any other covered transaction requiring FHWA tier covered transactions and in all solicitations for lower tier
approval or that is estimated to cost $25,000 or more – as covered transactions exceeding the $25,000 threshold. 2 CFR
defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 180.220 and 180.300.
1200.220.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
1. Instructions for Certification – First Tier Participants: transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
a. By signing and submitting this proposal, the prospective knows that the certification is erroneous. 2 CFR 180.300;
first tier participant is providing the certification set out below. 180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
b. The inability of a person to provide the certification set out otherwise ineligible to participate in covered transactions. 2
below will not necessarily result in denial of participation in this CFR 180.335. To verify the eligibility of its principals, as well
covered transaction. The prospective first tier participant shall as the eligibility of any lower tier prospective participants, each
submit an explanation of why it cannot provide the certification participant may, but is not required to, check the System for
set out below. The certification or explanation will be Award Management website (https://www.sam.gov/). 2 CFR
considered in connection with the department or agency's 180.300, 180.320, and 180.325.
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a i. Nothing contained in the foregoing shall be construed to
certification or an explanation shall disqualify such a person require the establishment of a system of records in order to
from participation in this transaction. 2 CFR 180.320. render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
c. The certification in this clause is a material representation is not required to exceed that which is normally possessed by
of fact upon which reliance was placed when the contracting a prudent person in the ordinary course of business dealings.
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered j. Except for transactions authorized under paragraph (f) of
an erroneous certification, in addition to other remedies these instructions, if a participant in a covered transaction
available to the Federal Government, the contracting agency knowingly enters into a lower tier covered transaction with a
may terminate this transaction for cause of default. 2 CFR person who is suspended, debarred, ineligible, or voluntarily
180.325. excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
d. The prospective first tier participant shall provide department or agency may terminate this transaction for cause
immediate written notice to the contracting agency to whom or default. 2 CFR 180.325.
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when * * * * *
submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
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Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
2. Certification Regarding Debarment, Suspension, this transaction originated may pursue available remedies,
Ineligibility and Voluntary Exclusion – First Tier including suspension and/or debarment.
Participants:
c. The prospective lower tier participant shall provide
a. The prospective first tier participant certifies to the best of immediate written notice to the person to which this proposal is
its knowledge and belief, that it and its principals: submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
(1) Are not presently debarred, suspended, proposed for changed circumstances. 2 CFR 180.365.
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal d. The terms "covered transaction," "debarred,"
department or agency, 2 CFR 180.335;. "suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
(2) Have not within a three-year period preceding this in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
proposal been convicted of or had a civil judgment rendered You may contact the person to which this proposal is
against them for commission of fraud or a criminal offense in submitted for assistance in obtaining a copy of those
connection with obtaining, attempting to obtain, or performing regulations. “First Tier Covered Transactions” refers to any
a public (Federal, State, or local) transaction or contract under covered transaction between a recipient or subrecipient of
a public transaction; violation of Federal or State antitrust Federal funds and a participant (such as the prime or general
statutes or commission of embezzlement, theft, forgery, contract). “Lower Tier Covered Transactions” refers to any
bribery, falsification or destruction of records, making false covered transaction under a First Tier Covered Transaction
statements, or receiving stolen property, 2 CFR 180.800; (such as subcontracts). “First Tier Participant” refers to the
participant who has entered into a covered transaction with a
(3) Are not presently indicted for or otherwise criminally or recipient or subrecipient of Federal funds (such as the prime or
civilly charged by a governmental entity (Federal, State or general contractor). “Lower Tier Participant” refers any
local) with commission of any of the offenses enumerated in participant who has entered into a covered transaction with a
paragraph (a)(2) of this certification, 2 CFR 180.700 and First Tier Participant or other Lower Tier Participants (such as
180.800; and subcontractors and suppliers).
(4) Have not within a three-year period preceding this e. The prospective lower tier participant agrees by
application/proposal had one or more public transactions submitting this proposal that, should the proposed covered
(Federal, State or local) terminated for cause or default. 2 transaction be entered into, it shall not knowingly enter into
CFR 180.335(d). any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
(5) Are not a corporation that has been convicted of a felony excluded from participation in this covered transaction, unless
violation under any Federal law within the two-year period authorized by the department or agency with which this
preceding this proposal (USDOT Order 4200.6 implementing transaction originated. 2 CFR 1200.220 and 1200.332.
appropriations act requirements); and
f. The prospective lower tier participant further agrees by
(6) Are not a corporation with any unpaid Federal tax liability submitting this proposal that it will include this clause titled
that has been assessed, for which all judicial and "Certification Regarding Debarment, Suspension, Ineligibility
administrative remedies have been exhausted, or have lapsed, and Voluntary Exclusion-Lower Tier Covered Transaction,"
and that is not being paid in a timely manner pursuant to an without modification, in all lower tier covered transactions and
agreement with the authority responsible for collecting the tax in all solicitations for lower tier covered transactions exceeding
liability (USDOT Order 4200.6 implementing appropriations act the $25,000 threshold. 2 CFR 180.220 and 1200.220.
requirements).
g. A participant in a covered transaction may rely upon a
b. Where the prospective participant is unable to certify to certification of a prospective participant in a lower tier covered
any of the statements in this certification, such prospective transaction that is not debarred, suspended, ineligible, or
participant should attach an explanation to this proposal. 2 voluntarily excluded from the covered transaction, unless it
CFR 180.335 and 180.340. knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
* * * * * debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
3. Instructions for Certification - Lower Tier Participants: the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
(Applicable to all subcontracts, purchase orders, and other Award Management website (https://www.sam.gov/), which is
lower tier transactions requiring prior FHWA approval or compiled by the General Services Administration. 2 CFR
estimated to cost $25,000 or more - 2 CFR Parts 180 and 180.300, 180.320, 180.330, and 180.335.
1200). 2 CFR 180.220 and 1200.220.
h. Nothing contained in the foregoing shall be construed to
a. By signing and submitting this proposal, the prospective require establishment of a system of records in order to render
lower tier participant is providing the certification set out below. in good faith the certification required by this clause. The
knowledge and information of participant is not required to
b. The certification in this clause is a material representation exceed that which is normally possessed by a prudent person
of fact upon which reliance was placed when this transaction in the ordinary course of business dealings.
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous i. Except for transactions authorized under paragraph e of
certification, in addition to other remedies available to the these instructions, if a participant in a covered transaction
Federal Government, the department, or agency with which knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
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Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
excluded from participation in this transaction, in addition to cooperative agreement, the undersigned shall complete and
other remedies available to the Federal Government, the submit Standard Form-LLL, "Disclosure Form to Report
department or agency with which this transaction originated Lobbying," in accordance with its instructions.
may pursue available remedies, including suspension and/or
debarment. 2 CFR 180.325. 2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
* * * * * entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
4. Certification Regarding Debarment, Suspension, U.S.C. 1352. Any person who fails to file the required
Ineligibility and Voluntary Exclusion--Lower Tier certification shall be subject to a civil penalty of not less than
Participants: $10,000 and not more than $100,000 for each such failure.
a. The prospective lower tier participant certifies, by 3. The prospective participant also agrees by submitting its
submission of this proposal, that neither it nor its principals: bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
(1) is presently debarred, suspended, proposed for subcontracts, which exceed $100,000 and that all such
debarment, declared ineligible, or voluntarily excluded from recipients shall certify and disclose accordingly.
participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
XII. USE OF UNITED STATES-FLAG VESSELS:
(2) is a corporation that has been convicted of a felony
violation under any Federal law within the two-year period This provision is applicable to all Federal-aid construction
preceding this proposal (USDOT Order 4200.6 implementing contracts, design-build contracts, subcontracts, lower-tier
appropriations act requirements); and subcontracts, purchase orders, lease agreements, or any other
covered transaction. 46 CFR Part 381.
(3) is a corporation with any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative This requirement applies to material or equipment that is
remedies have been exhausted, or have lapsed, and that is acquired for a specific Federal-aid highway project. 46 CFR
not being paid in a timely manner pursuant to an agreement 381.7. It is not applicable to goods or materials that come into
with the authority responsible for collecting the tax liability. inventories independent of an FHWA funded-contract.
(USDOT Order 4200.6 implementing appropriations act
requirements) When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a
b. Where the prospective lower tier participant is unable to specific Federal-aid construction project, the bidder, proposer,
certify to any of the statements in this certification, such contractor, subcontractor, or vendor agrees:
prospective participant should attach an explanation to this
proposal. 1. To utilize privately owned United States-flag commercial
vessels to ship at least 50 percent of the gross tonnage
* * * * * (computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to this contract, to the
XI. CERTIFICATION REGARDING USE OF CONTRACT extent such vessels are available at fair and reasonable rates
FUNDS FOR LOBBYING for United States-flag commercial vessels. 46 CFR 381.7.
This provision is applicable to all Federal-aid construction 2. To furnish within 20 days following the date of loading for
contracts and to all related subcontracts which exceed shipments originating within the United States or within 30
$100,000. 49 CFR Part 20, App. A. working days following the date of loading for shipments
originating outside the United States, a legible copy of a rated,
1. The prospective participant certifies, by signing and ‘on-board’ commercial ocean bill-of-lading in English for each
submitting this bid or proposal, to the best of his or her shipment of cargo described in paragraph (b)(1) of this section
knowledge and belief, that: to both the Contracting Officer (through the prime contractor in
the case of subcontractor bills-of-lading) and to the Office of
a. No Federal appropriated funds have been paid or will be Cargo and Commercial Sealift (MAR-620), Maritime
paid, by or on behalf of the undersigned, to any person for Administration, Washington, DC 20590. (MARAD requires
influencing or attempting to influence an officer or employee of copies of the ocean carrier's (master) bills of lading, certified
any Federal agency, a Member of Congress, an officer or onboard, dated, with rates and charges. These bills of lading
employee of Congress, or an employee of a Member of may contain business sensitive information and therefore may
Congress in connection with the awarding of any Federal be submitted directly to MARAD by the Ocean Transportation
contract, the making of any Federal grant, the making of any Intermediary on behalf of the contractor). 46 CFR 381.7.
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
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Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
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10.0
BUY AMERICA
BUILD AMERICA / BUY AMERICA
MATERIAL CERTIFICATIONS

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
BUY AMERICA
THE FINAL RULE, THE WAIVER, THE 55%, THE DATE DEADLINES
Project Name: Alley Rehabilitation #3 Federal Funds Obligation Date: 05/21/2026
Project Numbers: ST2310-401 CHN0256D T055501C Item No Below To Follow: TBD
Agency Rep: Janece Ray
03/17/2025: FHWA FINAL RULE SIGNED - This has deadline phases for the Buy America Requirements.
The Final Rule amends FHWA’s Buy America regulation to terminate FHWA’s general waiver for manufactured products
and establish Buy America requirements for manufactured products with respect to Federal-aid highway projects. The
standards for applying Buy America to manufactured products are generally consistent with the Office of Management and
Budget’s (OMB) guidance implementing the Build America, Buy America Act (BABA) provisions of the infrastructure
investment and Jobs Act (also known as the Bipartisan Infrastructure Law (BIL)).
Item No below to be marked by
Agency with applicable requirement
(X=Applicable, na=Not Applicable)
10/01/2025 Federal funds officially obligated to
1 Waiver is in effect
Before this date Agency before this date.
10/01/2025
Federal funds officially obligated to
X jr 2 On and after this date Final Assembly requirements
the Agency.
(and before 10/01/2026
All manufactured products permanently
10/01/2026 Federal funds officially obligated to incorporated into the project must meet
3
On and after this date Agency from this date forward. both the Final Assembly requirement
and the 55% requirement.
Rev 2025-04-22

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
DEFINITIONS / DETAILS
IRON/STEEL REQUIREMENTS;
FHWA is required, by statute, to ensure that all projects funded under Title 23 of the United States Code, use only steel,
iron, and manufactured products that are produced in the United States. 23 U.S.C. 313, FHWA refers to these
requirements as “Buy America” requirements. FHWA’s Buy America requirement for manufactured products mandates
that all such products used on Federal aid projects must be ‘produced in the United States.”. 23 U.S.C. 313 The Buy
America requirements for manufactured products has existed in some form since the enactment of the Surface
Transportation Assistance Act of 1978.
THE WAIVER
In 1983 following the passage of the 1982 STAA, FHWA determined that it would be in the public interest to waive the Buy
America requirements for manufactured products, with that waiver knows as the “Manufactured Products General
Waiver”. Under the Manufactured Products General Waiver, manufactured products that were permanently incorporated
into Federal-aid projects did not need to be produced domestically (in the US) apart from predominantly iron or steel
components of manufactured products. The ’waiver’ does not apply to Iron and Steel.
:
FINAL ASSEMBLY – effective 10/01/2025:
Defined as an article, material, or supply that has been processed into a specific form and shape, or combined with other
articles, materials, or supplies to create a product with different properties than the individual articles, materials, or
supplies. **IF, however, an article, materials, or supply meets this definitation BUT Could also be classified as an iron ro
steel product, excluded material, or other product category as specified by law or in 2 CFR part 184, that article, materials,
or supply is not a manufactured product.
FINAL RULE AND THE 55 PERCENT REQUIREMENT – effective 10/01/2026
Through this rule, FHWA is establishing specific dates on which the Manufactured Products General Waiver will be
terminated and is amending its Buy America regulation at 23 CFR 635.410 to establish standards regarding Buy America
requirements that will apply to manufactured products on Federal aid projects. These standards are substantially similar
to those stablished by OMG that apply to manufactured products subject to “BABA”. This means that to be considered
“Produced in the United States”, and therefore Buy America-compliant, manufactured products must be manufactured in
the United States (“final assembly requirement” and have greater than 55% of the manufactured products components by
cost, be mined, produced, or manufactured in the United States.
ON OR AFTER 10-01-2025 (AND BEFORE 10/01/2026)
FHWA requirement that the final assembly requirement will become effective for Federal aid projects obligated on or after
10-01-2025.
ON OR AFTER 10/01/2026
All manufactured products permanently incorporated into the project must both be manufactured in the United States and
have the cost of the components of the manufactured product that are mined, produced, or manufactured in the United
States be greater than 55percent of the total cost of all components of the manufactured product.
Reference:
Federal Highway Administration
Federal Register / Buy America Requirements
Title 23 U.S.C.
OMB (Office of Management and Budgets)
Surface Transportation Assistance Act of 1978 (1978 STAA) and Act of 1982 (1982 STAA)
Public Law 95-599 (1978)
Public Law 97-424 (1983)
48 FR 1946 (Jan 17,1983)
48 FR 63099 (Nov 25,1983)
2 CFR Part 184
NPRM (Notice of Proposed Rulemaking – a formal announcement by a U.S. Federal Agency)
https://www.fhwa.dot.gov/construction/cqit/buyam.cfm
https://www.federalregister.gov/documents/2025/01/14/2024-31350/buy-america-requirements-for-manufactured-products
Rev 2025-04-22

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
BUY AMERICA / BUILD AMERICA BUY AMERICA / MATERIAL CERTIFICATION
REQUIREMENTS
For City of Chandler Federal Funded Projects Per FHWA
The City of Chandler will follow Buy America requirements and the Build America Buy America
requirements.
A. REGULATIONS
1. FHWA - BUY AMERICA AND THE NEW BUILD AMERICA, BUY AMERICA REGULATION EFFECTIVE
NOVEMBER 1, 2022.
https://www.transportation.gov/sites/dot.gov/files/docs/buy_america_provisions_side_by_side.pdf)
Federal Highway Administration (FHWA) - 23 U.S.C. § 313 – Buy America; 23 C.F.R. § 635.410
The Secretary of Transportation shall not obligate any funds unless steel, iron, and manufactured products used
In such project are produced in the United States.
2. MAG SPECIFICATION SECTION 106.2.1
3. ADOT SPECIFICATION 106, 106.05 AND 106.15
B. PROCEDURE FOR MATERIAL CERTIFICATION REQUIREMENTS – CITY OF CHANDLER
1. All material for a federal funded project must have a material certification.
2. All material delivered to jobsite must be accompanied by a material certification.
3. Material Certifications must be submitted to the City of Chandler representative for review and approval and is not
deemed accepted until City of Chandler representative approval.
4. Buy America Material – All Iron and Steel products. (See Item A above)
5. Buy America Material Installation: All Buy America Iron and Steel Products MUST NOT be installed without
Material Certification received and approval from City of Chandler.
6. All non-Buy America Material Installation: All non-Buy America material, if installed without material certification
receipt and approval is at the Prime Contractor's risk and WILL NOT BE PAID until approval of material
certification for that material.
C. MATERIAL CERTIFICATIONS – Every Material Certification must have the following– Items 1-11
1. Project Name
2. City Project Number
3. Federal Project Number
4. ADOT Number (previously known as Tracs Number) (if FHWA funded project)
5. Supplier Information: Name, Address, Telephone Number
6. Description of the material supplied
7. Quantity of material represented by the certificate
8. Means of material identification, such as label, lot number, or marking
9. A Statement that the material complies in all respects with the requirements of the cited specifications.
Certificates shall state compliance with the cited specification, such as AASHTO M 320, ASTM C 494; or specific
table or subsection of the Arizona Department of Transportation Standard Specifications or Special Provisions.
Certificates may cite both, if applicable.
10. Authorization Signature Statement: A statement that the individual signing has the legal authority to bind the
manufacturer or the supplier of the material.
11. The name, title, signature, and date of signature of the signing-responsible individual.
12. Statement that that Federal Requirements for Buy America / BABA have been followed.
Federal Funded Contract Guide for Contractors – Rev 2023-04-10 pg 1 of 5

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
ADOT SPECIFICATION – BUILD AMERICA BUY AMERICA (106CMATLS, 10-20-22)
SECTION 106 CONTROL OF MATERIALS: of the Standard Specification is modified to add:
106.17 Construction Materials
A construction material, when used on a federal-aid construction project shall comply with the requirements of Build
America Buy America (BABA) Act specific in Title IX, Subtitle A, Part 1, Sections 70901 and 70911-70918 of the
Infrastructure Investment and Job Act (ILJA).
A ‘construction material’ that is permanently incorporated on the project shall include an article, material, or supply that is
or consists primarily of the following:
- Non-ferrous metals;
- Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used
in fiber optic cables);
- Glass (including optic glass);
- Lumber; or
- Drywall
Items manufactured through a combination of either two or more materials listed above, or at least one of the materials list
above and a material not listed shall be considered as a manufactured product, rather than as a construction material.
Build America Buy America provisions specified for manufactured products in Section 70912(6)(B) of the ILJA, do not
apply to federal-aid construction projects per FHQWA’s existing statutory requirement applicable to manufactured
products. A “manufactured product’ is considered to be an item that undergoes one or more manufacturing processes
before the item can be used on a federal-aid construction project.
Construction materials shall not include cement and cementitious materials; bituminous materials; aggregates such as
stone, sand, or gravel; or aggregate binding agents or additives.
All construction materials shall be produced in the United States. This means, all manufacturing processes to produce the
construction materials shall occur in the United States. All manufacturing processes for construction materials shall mean
the final manufacturing process and the immediately preceding manufacturing stage for the construction material.
The contractor shall furnish the Engineer with Certificate of Compliance, conforming to the requirements of Subsection
106.05 of the ADOT specifications, which shall state that the construction materials incorporated in the project meet the
requirements specified herein.
Certificates of Compliance shall also certify that all manufacturing processes to produce construction materials occurred in
the United States.
Convict-produced materials are prohibited in accordance with the requirements of 23 CFR 635.417.
Federal Funded Contract Guide for Contractors – Rev 2023-04-10 pg 2 of 5

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
ADDITIONAL INFORMATION FOR THE BUILD AMERICA, BUY AMERICA ACT
Federal Funded Contract Guide for Contractors – Rev 2023-04-10 pg 3 of 5

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
Federal Funded Contract Guide for Contractors – Rev 2023-04-10 pg 4 of 5

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
11.0
EEO FEDERAL NOTIFICATIONS
-

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
JULY 1, 1979 (Revised November 3, 1980)
(Revised April 15, 1981)
1. The bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal
Employment Specifications” set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the
Contractor’s aggregate work force in each trade on all construction work in the covered areas, are as
follows:
Minority Female
Tucson & Balance of Pima County 24.1 6.9
Cochise, Graham, Greenlee &Santa Cruz Counties 27.0 6.9
Phoenix and Balance of Maricopa County 15.8 6.9
Apache, Coconino, Gila, Mohave, Navajo, Pinal, Yavapai, and
19.6 6.9
Yuma Counties
These goals are applicable to all the Contractor’s construction work (whether or not it is Federal or federally
assisted) performed in all areas where the contractor has Federal or federally assisted work.
The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be
based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required
by the specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals. The hours of minority
and female employment and training must be substantially uniform throughout the length of the contract,
and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly
on each of its projects. The transfer of minority or female employees or trainees from Contractor to
Contractor or from project to project for the sole purpose of meeting the contractor’s goals shall be a
violation of the contract, the Executive Order and the regulations in41 CFR Part 60-4. Compliance with the
goals will be measured against the total work hours performed.

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
EQUAL EMPLOYMENT OPPORTUNITY
COMPLIANCE REPORTS
(Project, Training and Annual)
Federal-Aid Projects
February 1, 1977; Revised July 1, 1978; Revised November 3, 1980
Revised April 15, 1981; Revised September 7, 1983
Revised October 15, 1998; Revised August, 1, 2005;
Revised March 1, 2015, Revised August 24, 2016
ANNUAL REPORT:
For each contract in the amount of $10,000 or more, and for each subcontract,
regardless of tier not including material suppliers, in the amount of $10,000 or
more, the contractor and each subcontractor regardless of tier shall submit an
annual Equal Employment Opportunity (EEO) Report containing all the
information required on Form FHWA-1391.
The staffing figures to be reported should represent the project workforce on
board in all or any part of the last payroll period preceding the end of July.
The report shall be submitted no later than August 15 to the City of Chandler
federal compliance officer.
BECO Rev. 8Ͳ24Ͳ16 EEO Compliance Reports
FederalͲAid Projects
Sheet 1 of 1

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
12.0
FEDERAL IMMIGRATION AND NATIONALITY ACT

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
Federal Immigration and Nationality Act
(Reference to Arizona Executive Order 2005-30)
The contractor, including all subcontractors, shall comply with all federal, state and local immigration laws and
regulations, as set forth in Arizona Executive Order 2005-30, relating to the immigration status of their employees
who perform services on the contract during the duration of the contract. The Agency (City of Chandler) shall
retain the right to perform random audits of contractor and subcontractor records or to inspect papers of any
employee thereof to ensure compliance.
By submission of a bid, the contractor warrants that the contractor and all prosed subcontractors are and shall
remain in compliance with all federal, state, and local immigration laws and regulations relating to the immigration
status of their employees who perform services on the contract. The Agency may, at its sole discretion, require
evidence of compliance from the contractor or subcontractor. Should the Agency request evidence of
compliance, the contractor or subcontractor shall have ten (10) working days from receipt of the request to supply
adequate information. The Department and Agency (City of Chandler) will accept, as evidence of compliance, a
showing by the contractor or subcontractor, that it has followed the employment verification provisions of the
Federal Immigration and Nationality Act as set forth in Sections 274A and 274B of that Act, including
implementation of regulations and agreements between the Department of Homeland Security and the Social
Security Administration's verification service. The contractor shall include the requirements of this provision in all
subcontracts for this project.
Failure to comply with the immigration laws or to submit proof of compliance constitutes a material breach of
contract. The Agency will recue the contractor's compensation by $10,000 for the initial instance of non-
compliance by the contractor or a subcontractor. Should the same contractor or subcontractor commit
subsequent violations within a two (2) year time period from the initial violation, the contractor's compensation will
be reduced by $50,000 for each violation. The third instance by the same contractor or subcontractor within a two
(2) year period may result, in addition to the $50,000 reduction in compensation, in removal of the offending
contractor of subcontractor, suspension of work in whole or in part or, in the case of a third violation by the
contractor, termination of the contract for default in addition, the Department may debar a contractor or
subcontractor who has committed three (3) violations within a two (2) year period for up to one (1) year. For
purposes of this paragraph, a violation by a subcontractor does not count as a violation by the contractor.
Any delay resulting from a sanction under this subsection is a non-excusable delay. The contractor is not entitled
to any compensation or extension of time for any delays or additional costs resulting from a sanction under this
subsection.

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
13.0
RECORDS RETENTION
CONTRACTOR/SUBCONTRACTOR RECORDS

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
RECORDS RETENTION
Contractor and Subcontractor Project Records
(Reference to A.R.S.35-214)
The contractor, subcontractors and all suppliers shall keep and maintain all books, papers, records, files,
accounts, reports, bid documents with backup data, including electronic data, and all other material relating to the
contract and project for five (5) years following completion and acceptance of the work.
All of the above material shall be made available for auditing, inspection, and copying and shall be produced upon
request to the Agency.
The City of Chandler – Capital Projects
215 E Buffalo Street, Mail Stop 407
Chandler, Arizona 85225.
The contractor shall insert the above requirement in each subcontract purchase order and lease agreement and
shall also include in all subcontracts, a clause requiring subcontractors to include the above requirement in any
lower-tier subcontract, purchase order, or lease agreement.

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
14.0
ENERGY EFFICIENCY PROVISION

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
ENERGY EFFICIENCY – FEDERAL PROVISION
Federal Code of Regulations – 42 U.S.C. 3701-3708
(H) Mandatory standards and policies relating to energy efficiency which are
contained in the State Energy Conservation Plan issued in compliance with the
Energy Policy and Conservation Act 42 U.S.C. 6201.
FHWA Requirements: If the State has an Energy Efficiency Plan, the project
must adhere to the State’s Energy Efficiency Plan and requirements.

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
15.0
WARRANTY

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
WARRANTY – FEDERAL PROVISION
THERE WILL BE NO WARRANTY PERIOD ON THIS CONTRACT/PROJECT
BEYOND THE DATE OF THE FINAL ACCEPTANCE BY THE CITY TO THE
PRIME CONTRACTOR.
Reference:
Federal Code of Regulations – 635.413
(a) Warranty provisions shall be for a specific construction product or feature.
Items of maintenance not eligible for Federal participation shall not be
covered.
(b) All warranty requirements and subsequent revisions shall be submitted to the
Division Administrator for advance approval.
(c) No warranty requirement shall be approved which, in the judgement of the
Division Administrator, may place an undue obligation on the contractor for
items over which the contractor has no control.

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
16.0
JOBSITE POSTERS REQUIREMENTS
(Reference Guide Only)

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7 CONSTRUCTION JOB SITE POSTERS BOARD REQUIREMENTS
Date Project Name
Checked by Project Numbers
Must have a Project Jobsite Poster Board
Location – must be located away from Management View
Must be updated if weather damaged
Item English-1 Spanish-2 Poster Title
1 Employee Rights Under Davis Bacon for Laborers & Mechanics Act – (WH1321) 10-2017
2 Minimum Wage Jobsite Poster – Arizona 01-2026
2B Minimum Wage Jobsite Poster – Federal – (State is higher but Feds require this to be posted)
3 Employee Rights under the Fair Labor St Act - Minimum Wage FEDERAL POSTER– 04-2023
4 Employee Rights Under the Employee Polygraph Protection Act – (WH1462) 02-2022
5 Employee Rights Under the Family Medical Leave Act – (WHD1420) 04-2023
Employee Rights Under the National Labor Relations Act (Exec Order 13496)
6
***MUST BE 11X17 or 2-page version as 8.5x11*** 2022-05-02
7 EEO Know Your Rights Discrimination 2023-06-27 (**replaces EEO Law & Law Supplement posters) FHWA says 1022. ADOT has 06-27-2023
EEO – Contractor EEO Policy Statement (comes with bid / contract) ***COC combines 8a and 8b into 1
8
By putting a statement at the bottom of the EEO Policy Statement to put EEO Officer name. 2024-01-09
9 Pay Transparency Nondiscrimination Provision (Exec Order 11246) 12-2016
10 USERRA Your Rights Under USERRA – Uniformed Serv Employ 05-2022 (FHWA list says 2017 but the actual poster has 05-2022)
11 OSHA Job Safety - Safe Work-Place – 2019 ***OSHA states must be at least 8.5x14 (can be 11x17)
12 FHWA 1022 Fraud - 05-2015 “Notice”
13 Arizona Workers’ Compensation Law (English/Spanish all on one) NO Date
14 Unemployment Insurance AZ 02-2025 (POU-003)
15 Fair Wages Earned Paid Sick Time 07-01-2017 AZICA has no date on the poster
16 Title VI Poster (Notice to Public) provided by Agency
17 FHWA 1273 – Contract Provisions for Federal Aid Construction Contracts (Pink Sheets) 10-23-2023
18 Davis Bacon Wage Decision FROM THE SPECIFIC PROJECT CONTRACT
19 Added Classifications – During Contract Life – List of Classifications added per SF1444
20 E-VERIFY - 2026-01-28 Not required at jobsite board but recommended - Required to be provided to employees.
21 RIGHT TO WORK: 2026-01-28 Not required at jobsite but recommended - Required to be provided to employees.
*ADOT is attempting to require the N.O.I (Notice of Intent) as a jobsite poster – not required at this time (2026-02-04)
No 1 Poster copy to have the following information in the blank boxes at the bottom. (do not put contractor contact information)
CITY OF CHANDLER CIUDAD DE CHANDLER
TEL: 480-782-3331 Tel: 480-782-3331
215 E Buffalo St 215 E Buffalo St
Chandler, AZ 85225 Chandler, AZ 85225p
No 6 Employee Rights Under the National Labor Relations Act: (www.nlrb.gov)
Size requirement options are that you must post as 11x17 or you may use two-page format of 8.5x11’s
No 8 This EEO Clause/Statement was in bid/submitted with bid. Contractor and/or City can provide.
No 12 FHWA 1022 Fraud – Information to add:
Under "State Highway Department" Under "Federal Highway Administration":
Arizona Department of Transportation 4000 N Central Avenue #1500
Deputy State Engineer Phoenix, AZ 85012
206 S 17th Ave, Phoenix, AZ 85007
No 14 Under Arizona DES site - type in POU-003 and jobsite poster will come up
No 16 This is a specific individual Agency required poster by ADOT Title VI -in the languages required by Agency approved Title VI Plan.
No 18 Davis Bacon Wage Decision is project specific. ONLY post the contract specific wage decision
No 19 Davis Bacon Wage Decision has a last page that is blank – use this page to provide / attach added Wage Classifications
Have been added/approved through the US Department of Labor Form SF1444.
No 20/21 These two have not been verified by ADOT as required. Review in process. (01-28-2026)
Courtesy - Web Site Links to assist with researching for Posters
https://www.fhwa.dot.gov/programadmin/contracts/poster.cfm (posters at this site are: 1,3,4,6,8, 9,10,11)
https://www.fhwa.dot.gov/construction/cqit/ (16)
https://www.sam.gov (17)
https://www.dol.gov/agencies/olms/poster/labor-rights-federal-contractors (5)
https://www.dol.gov/agencies/whd/posters (4,2C, 1)
https://www.dol.gov/sites/dolgov/files/VETS/files/USERRA-Poster.pdf (9)
https://www.azica.gov/claims-workers-compensation-compliance-poster (12, 14)
https://des.az.gov/sites/default/files/legacy/dl/POU-003.pdf (13)
https://www.laborposters.org/arizona/16-arizona-minimum-wage-spanish-poster.htm (2A.2)
https://www.dol.gov/agencies/whd/government-contracts/eo14026 (2b)
https://nlrb.gov/news-publications/publications/employee-rights-notice-posting
Rev 2026-03-11

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
17.0
DAVIS BACON WAGE DECISION

Docusign Envelope ID: 11E917EE-0AD2-8173-832E-2A78174F38B7
18.0
DBE FORMS

Docusign 6/3/26, 7:01 Envelope AM ID: 11E917EE-0AD2-8173-832E-2A78174F38B7 SAM.gov
"General Decision Number: AZ20260045 05/18/2026
State: Arizona
Construction Types: Highway
Counties: Arizona Counties of
Maricopa
Modification Number Publication Date
0 01/02/2026
1 05/18/2026
CARP1912-003 07/01/2024
Rates Fringes
CARPENTER, EXCLUDES FORMWORK CONCRETE...............$ 35.89 14.98
----------------------------------------------------------------
ENGI0012-046 12/01/2024
Rates Fringes
POWER EQUIPMENT OPERATOR: BULLDOZER.................$ 35.56 18.12
----------------------------------------------------------------
ENGI0012-053 12/01/2024
Rates Fringes
POWER EQUIPMENT OPERATOR: TRACTOR...................$ 35.56 18.12
----------------------------------------------------------------
ENGI0012-063 12/01/2024
Rates Fringes
POWER EQUIPMENT OPERATOR: OILER.....................$ 32.29 18.12
----------------------------------------------------------------
ENGI0012-065 12/01/2024
Rates Fringes
POWER EQUIPMENT OPERATOR: FIELD EQUIPMENT
SERVICEPERSON.......................................$ 35.56 18.12
----------------------------------------------------------------
ENGI0012-066 12/01/2024
Rates Fringes
POWER EQUIPMENT OPERATOR: BACKHOE/BACKHOE & LOADER
COMBO/TRACK BACKHOE.................................$ 35.56 18.12
----------------------------------------------------------------
ENGI0012-069 12/01/2024
Rates Fringes
POWER EQUIPMENT OPERATOR: LOADER/FRONT END LOADER...$ 35.56 18.12
----------------------------------------------------------------
ENGI0012-070 12/01/2024
Rates Fringes
TRUCK DRIVER: OFF ROAD TRUCK........................$ 35.56 18.12
----------------------------------------------------------------
https://sam.gov/wage-determination/AZ20260045/1 1/6

Docusign 6/3/26, 7:01 Envelope AM ID: 11E917EE-0AD2-8173-832E-2A78174F38B7 SAM.gov
ENGI0012-071 12/01/2024
Rates Fringes
POWER EQUIPMENT OPERATOR: CRANE/DERRICK.............$ 36.64 18.12
----------------------------------------------------------------
ENGI0012-072 12/01/2024
Rates Fringes
POWER EQUIPMENT OPERATOR: EXCAVATOR/TRACKHOE
(GREATER THAN 1/2 CUBIC YARD).......................$ 36.64 18.12
POWER EQUIPMENT OPERATOR: EXCAVATOR/TRACKHOE (1/2
CUBIC YARD OR SMALLER)..............................$ 35.56 18.12
----------------------------------------------------------------
ENGI0012-073 12/01/2024
Rates Fringes
POWER EQUIPMENT OPERATOR: GRADE CHECKER.............$ 36.64 18.12
----------------------------------------------------------------
ENGI0012-074 12/01/2024
Rates Fringes
POWER EQUIPMENT OPERATOR: MOTOR GRADER/BLADE........$ 36.64 18.12
----------------------------------------------------------------
ENGI0012-075 12/01/2024
Rates Fringes
POWER EQUIPMENT OPERATOR: MECHANIC..................$ 37.67 18.12
----------------------------------------------------------------
IRON0075-014 08/01/2025
Rates Fringes
IRONWORKER..........................................$ 33.00 19.91
----------------------------------------------------------------
LABO1184-016 06/01/2025
Rates Fringes
POWER EQUIPMENT OPERATOR: HORIZONTAL DIRECTIONAL
DRILL...............................................$ 31.98 9.26
----------------------------------------------------------------
LABO1184-017 06/01/2025
Rates Fringes
LABORER: FENCE ERECTOR..............................$ 27.41 9.26
----------------------------------------------------------------
LABO1184-021 06/01/2025
Rates Fringes
TRAFFIC CONTROL.....................................$ 27.41 9.26
----------------------------------------------------------------
LABO1184-025 06/01/2025
Rates Fringes
LABORER: ASPHALT, INCLUDES RAKER, SHOVELER,
SPREADER AND DISTRIBUTOR............................$ 29.91 9.26
----------------------------------------------------------------
LABO1184-027 06/01/2025
Rates Fringes
LABORER: GRADE SETTER...............................$ 29.91 9.26
----------------------------------------------------------------
LABO1184-029 06/01/2025
Rates Fringes
LABORER: GUARDRAIL INSTALLER........................$ 29.91 9.26
----------------------------------------------------------------
https://sam.gov/wage-determination/AZ20260045/1 2/6

Docusign 6/3/26, 7:01 Envelope AM ID: 11E917EE-0AD2-8173-832E-2A78174F38B7 SAM.gov
LABO1184-033 06/01/2025
Rates Fringes
POWER EQUIPMENT OPERATOR: TRENCHER..................$ 30.88 9.26
----------------------------------------------------------------
LABO1184-044 06/01/2025
Rates Fringes
POWER EQUIPMENT OPERATOR: FORKLIFT..................$ 30.88 9.26
----------------------------------------------------------------
LABO1184-047 06/01/2025
Rates Fringes
TRUCK DRIVER: CONCRETE..............................$ 30.88 9.26
----------------------------------------------------------------
LABO1184-049 06/01/2025
Rates Fringes
TRUCK DRIVER: WATER.................................$ 30.88 9.26
----------------------------------------------------------------
LABO1184-051 06/01/2025
Rates Fringes
GENERAL LABORERS....................................$ 27.41 9.26
----------------------------------------------------------------
SUAZ2023-022 11/19/2024
Rates Fringes
TRUCK DRIVER: SWEEPER...............................$ 20.24 5.48
TRUCK DRIVER: OIL DISTRIBUTOR.......................$ 29.41 7.63
TRUCK DRIVER: DUMP..................................$ 26.71 7.09
POWER EQUIPMENT OPERATOR: SCRAPER...................$ 29.69 0.00
POWER EQUIPMENT OPERATOR: PAVER/SPREADER/FINISH
EQUIPMENT (ASPHALT, AGGREGATE, & CONCRETE)..........$ 32.67 0.00
POWER EQUIPMENT OPERATOR: MILLING MACHINE...........$ 31.16 0.00
POWER EQUIPMENT OPERATOR: DRILL RIG/AUGER...........$ 36.80 13.07
POWER EQUIPMENT OPERATOR: CONCRETE SCREED...........$ 26.41 7.64
POWER EQUIPMENT OPERATOR: CONCRETE PUMP TRUCK.......$ 43.11 10.87
POWER EQUIPMENT OPERATOR: COMPACTOR/ROLLER..........$ 30.24 0.00
POWER EQUIPMENT OPERATOR: BROOM/SWEEPER.............$ 25.95 6.62
POWER EQUIPMENT OPERATOR: BOOM/CRANE TRUCK..........$ 43.11 10.87
POWER EQUIPMENT OPERATOR: BOBCAT/SKID STEER/SKID
LOADER..............................................$ 29.91 9.11
PAINTER: SIGN AND DISPLAY ERECTOR...................$ 18.03 0.00
PAINTER: PAVEMENT MARKING...........................$ 23.35 6.34
LABORER: PIPELAYER..................................$ 25.97 7.09
LABORER: MASON TENDER...............................$ 25.92 7.09
LABORER: LANDSCAPE LABORER..........................$ 19.00 6.34
LABORER: CONCRETE SAW (HAND HELD/WALK BEHIND).......$ 25.22 5.08
ELECTRICIAN.........................................$ 29.00 7.58
CEMENT MASON/CONCRETE FINISHER......................$ 30.41 0.00
CARPENTER: FORMWORK CONCRETE........................$ 29.86 8.89
----------------------------------------------------------------
----------------------------------------------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
https://sam.gov/wage-determination/AZ20260045/1 3/6

Docusign 6/3/26, 7:01 Envelope AM ID: 11E917EE-0AD2-8173-832E-2A78174F38B7 SAM.gov
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Note: Executive Order 13658 generally applies to contracts subject
to the Davis-Bacon Act that were awarded on or between January 1,
2015 and January 29, 2022, and that have not been renewed or
extended on or after January 30, 2022. Executive Order 13658 does
not apply to contracts subject only to the Davis-Bacon Related Acts
regardless of when they were awarded. If a contract is subject to
Executive Order 13658, the contractor must pay all covered workers
at least $13.65 per hour (or the applicable wage rate listed on this
wage determination, if it is higher) for all hours spent performing on
the contract from May 11, 2026, through December 31, 2026. The
applicable Executive Order minimum wage rate will be adjusted annually.
Additional information on contractor requirements and worker
protections under Executive Order 13658 is available at
www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
-----------------------------------------------------------------------------------------------------
The body of each wage determination lists the classifications
and wage rates that have been found to be prevailing for the
type(s) of construction and geographic area covered by the wage
determination. The classifications are listed in alphabetical
order under rate identifiers indicating whether the particular
rate is a union rate (current union negotiated rate), a survey
rate, a weighted union average rate, a state adopted rate, or a
supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than
೦SU೦, ೦UAVG೦, ೦SA೦, or ೦SC೦ denotes that a union rate was
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union
whose collectively bargained rate prevailed in the survey for
this classification, which in this example would be Plumbers.
0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next
number, 005 in the example, is an internal number used in
processing the wage determination. The date, 07/01/2024 in the
example, is the effective date of the most current negotiated
rate.
Union prevailing wage rates are updated to reflect all changes
over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the
classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for
those classifications, but that 100% of the data reported for
https://sam.gov/wage-determination/AZ20260045/1 4/6

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the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a
weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number
used in producing the wage determination. The date, 01/01/2024
in the example, indicates the date the wage determination was
updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to
reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The ೦SU೦ identifier indicates that either a single non-union
rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by
computing a weighted average rate based on all the rates
reported in the survey for that classification. As a weighted
average rate includes all rates reported in the survey, it may
include both union and non-union rates. Example: SUFL2022-007
6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that
classification. FL indicates the State of Florida. 2022 is the
year of the survey on which these classifications and rates are
based. The next number, 007 in the example, is an internal
number used in producing the wage determination. The date,
6/27/2024 in the example, indicates the survey completion date
for the classifications and rates under that identifier.
೦SU೦ wage rates typically remain in effect until a new survey
is conducted. However, the Wage and Hour Division (WHD) has the
discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The ೦SA೦ identifier indicates that the classifications and
prevailing wage rates set by a state (or local) government were
adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007
01/03/2024. SA reflects that the rates are state adopted. ME
refers to the State of Maine. 2023 is the year during which the
state completed the survey on which the listed classifications
and rates are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which
the classifications and rates under the ೦SA೦ identifier took
effect under state law in the state from which the rates were
adopted.
-----------------------------------------------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can
be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests
for summaries of surveys, should be directed to the WHD Branch
of Wage Surveys. Requests can be submitted via email to
davisbaconinfo@dol.gov or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
https://sam.gov/wage-determination/AZ20260045/1 5/6

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200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be
directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to BCWD-Office@dol.gov or
by mail to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initial decision has been issued, then any interested
party (those affected by the action) that disagrees with the
decision can request review and reconsideration from the Wage
and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via
email to dba.reconsideration@dol.gov or by mail to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and any information (wage payment
data, project description, area practice material, etc.) that
the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.
================================================================
END OF GENERAL DECISION
"
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DBE Forms Instructions
IMPORTANT: ALL BIDDERS WHO WANT TO BE CONSIDERED MUST FOLLOW NO. 1 BELOW.
FAILURE TO SUBMIT THE REQUIRED DOCUMENTATION BY THE STATED TIME AND IN THE MANNER
HEREIN SPECIFIED, AND FAILURE TO BE REGISTERED IN THE UTRACS SYSTEM SHALL BE CAUSE
FOR THE BIDDERS TO BE DEEMED NONRESPONSIVE.
1. SUBMIT NO LATER THAN: 4PM OF THE 5TH CALENDAR DAY POST BID DUE DATE
-DBE BECO Bidders/Proposers List Submittal Email Confirmation as a pdf document
*note: this item is required whether the project/contract has a DBE Goal or does not have a DBE Goal.
a. If you submit the above required item, and then determine you made an error, you are allowed to re-
submit as long as it is within the 5 day submittal period (no later than 4pm by the 5th day post bid
opening day).
Important: Only your most recent/last submittal will be accepted and considered.
b. If you have questions about this item:
i. Questions allowed ONLY AFTER bid opening day – during the 5 Calendar Day DBE submittal
period.
ii. Once you submit this item, you are not allowed to ask questions. You may ONLY ask questions IF
YOU HAVE NOT SUBMITTED THIS FORM FOR THE FIRST TIME YET.
iii. Questions can be submitted by calling Janece Ray-Federal Compliance at 480-782-3331 or email
question(s) to cp.fedfund@chandleraz.gov.
c. Submit Document as a pdf attachment by Email to: cp.fedfund@chandleraz.gov
**do not forward the email confirmation.
2. NOT REQUIRED AT BID SUBMITTAL
During the active contract/project, for any subcontractors that are certified DBE’s, the following form will
required at the end of completed subcontract work.
-DBE BECO Form 3110C – DBE Certification of Final Payment
Rev 2022-05-04

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BIDDERS/PROPOSERS LIST / EMAIL CONFIRMATION
FEDERAL DOCUMENT REQUIRED: Email Verification Print Out
Email Verification Print Out Received from Utracs/AzDOT.gov confirms your electronic submittal. The
email confirmation should be a submitted document. Do not forward the email.
WHERE TO CREATE AND SUBMIT BIDDERS/PROPOSERS LIST: https://utracs.azdot.gov/BiddersListInfo/
WHERE TO CALL FOR QUESTIONS (SHOWN ON WEBSITE): 602-712-7761

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END OF
FEDERAL DOCUMENTS