5499742H-JO19-CACTUS ASPHALT-PAVEMENT PRESERVATION UNIVERSITY DRIVE FARMER AVENUE TO ASH AVENUE.PDF
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CITY OF TEMPE, ARIZONA
ENGINEERING AND TRANSPORTATION DEPARTMENT
DIVISION OF ENGINEERING
JOB ORDER NO. 19 TO CACTUS ASPHALT
THROUGH EXISTING CONTRACT NO. C2020-59
PAVEMENT PRESERVATION-
UNIVERSITY DRIVE, FARMER AVENUE TO ASH AVENUE
PROJECT NO. 5499742H
This JOB ORDER NO. 19 is entered into on this 4th day of January 2024, by and between
the City of Tempe, an Arizona municipal corporation (“City”) and Cactus Asphalt, an Arizona
corporation (“JOC”), through the existing Contract made and entered into by and between the
parties on February 27, 2020, (Contract No. C2020-59), along with that certain Addendum No. 1
entered into on February 25, 2021; Addendum No. 2 entered into on April 12, 2021; Addendum
No. 3 entered into on February 17, 2022; Addendum No. 4 entered into on February 15, 2023;
Amendment No. 1 entered into on May 1, 2023 and Amendment No. 2 on August 29, 2023
(collectively “Contract”).
SECTION 1 – JOB ORDER PRICE AND WORK LOCATION: JOC shall furnish any
and all plant, materials, labor, construction equipment, services and transportation (all applicable
taxes included) required for performing all work for the construction of Pavement Preservation-
University Drive, Farmer Avenue to Ash Avenue, (Project No. 5499742H) (“Project”) for the sum
of $842,595.50, as detailed in the Proposal (Exhibit “A”) attached hereto and incorporated herein
by this reference, and to completely and totally construct the same and install the materials therein
for the Project, in a good and workmanlike and substantial manner and to the satisfaction of City or
its properly authorized agents and strictly pursuant to and in conformity with the Specifications and
Plans for the Project and other documents that may be requested by City through its Engineer or
other properly authorized agents, as provided herein. The full street or physical address of the
construction work location (“Work Location”) is University Drive, Farmer Avenue to Ash Avenue,
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Tempe, Arizona. JOC shall list the Work Location in any subcontract related to this job order at
any level and each subcontractor shall likewise include the Work Location in any of its
subcontracts.
SECTION 2 – REQUIRED SUBMITTALS: JOC shall submit the completed forms
referenced in the City of Tempe Forms (Section 5) attached hereto to City for approval prior to
receipt of a Notice to Proceed issued by City for the Project.
SECTION 3 – AMENDMENT: City of Tempe Contract No. C2020-59, as amended on
January 4, 2024, the terms and conditions contained therein and all exhibits attached to the
Contract and to this Job Order No. 19, are by reference incorporated into this Job Order No. 19.
All provisions of the underlying Contract where not inconsistent with this Job Order No. 19 shall
remain binding on the parties.
SECTION 4 – JOB ORDER TERM: Work shall start as soon as practicable, and in no
case later than seven (7) calendar days after the Notice to Proceed is issued by City and shall be
completed within 59 calendar days thereafter.
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Pavement Preservation - University Drive, Farmer Avenue to Ash Avenue
Project No. 5499742H
DATED this 4th day of January , 2024.
CITY OF TEMPE, ARIZONA
By:
Corey D. Woods, Mayor
By:
Interim Engineering and Transportation Director
ATTEST:
Recommended by:
________________________________
Kara A. DeArrastia, City Clerk
Deputy Engineering and
Transportation Director/City Engineer
APPROVED AS TO FORM:
_______________________________
Sonia M. Blain, City Attorney
JOC warrants that the person who is signing this Job Order on behalf of the JOC is
authorized to do so and to execute all other documents necessary to carry out the terms of
this Job Order.
CONTRACTOR
Cactus Asphalt
By:
Signature
Printed Name
Its:
Title
Email Address
Federal I.D. No./Social Security No.
JOC/CMAR Proposal Calculations
ENTRY IN YELLOW
FIELDS ONLY
Proposal/General Conditions
729,212.57
$
(Cost of work, labor, material and equipment)
(1)
Subtotal
729,212.57
$
(1)
Overhead & Profit *(Construction Fee) %
7.500%
54,690.94
$
multiply with (1)
(2)
Add (2) +(1)
783,903.51
$
Subtotal (3)
Insurance * %
1.10%
8,622.94
$
multiply with (3)
(4)
add (3) + (4)
792,526.45
$
Subtotal (5)
Taxes
5.265%
41,726.52
$
(where applicable)
(6)
multiply or enter - tax on Mat and Eqp only
Add (5) + (6)
834,252.97
$
Subtotal (7)
Pay and Performance Bond %
1.00%
8,342.53
$
multiply with (7)
(8)
GRAND TOTAL
842,595.50
$
[Add (7) + (8)
Pavement Preservation University Drive (Farmer to Ash)
Cactus Asphalt, A Division of Cactus Transport, Inc.
SECTION 5 – CITY OF TEMPE FORMS
The following forms shall be completed and submitted with each Job Order.
LIST OF SUBCONTRACTORS ................................................................................................. 5.1.
STATUTORY PERFORMANCE BOND ................................................................................... 5.2.
STATUTORY PAYMENT BOND ............................................................................................. 5.3.
CONDITIONAL WAIVER/SETTLEMENT OF CLAIMS ........................................................ 5.4.
5.1.
LIST OF SUBCONTRACTORS
In accordance with the provisions of Section 108.2 of the MAG Specifications, JOC shall
provide for each Job Order the information listed below regarding proposed subcontractors
which are subject to approval by the City.
Subcontractor
% of Total
Name
Address
Type of Work
Contract
5.2.
STATUTORY PERFORMANCE BOND
PURSUANT TO TITLE 34,
CHAPTER 6, OF THE ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That
(“Principal”) and
,
a corporation organized and existing under the laws of the State of
,
with
its principal office in the City of
(“Surety”), are held and firmly bound
unto
(“Obligee”) in the amount of
Dollars
($
), for the payment whereof, the said Principal and Surety bind themselves,
and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has entered into a certain written Contract with the
Obligee, dated the 4th day of January 2024, to complete Project No. 5499742H, which Contract
is hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein.
NOW, THEREFORE, the condition of this obligation is such, that if the principal
faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and
agreements of the contract during the original term of the contract and any extension of the
contract, with or without notice to the surety, and during the life of any guaranty required under
the contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions
and agreements of all duly authorized modifications of the contract that may hereafter be made,
notice of which modifications to the surety being hereby waived, the above obligation is void.
Otherwise, it remains in full force and effect.
Provided, however, that this bond is executed pursuant to the provisions of title
34, chapter 2, article 2, Arizona Revised Statutes, and all liabilities on this bond shall be
determined in accordance with the provisions of title 34, chapter 2, article 2, Arizona Revised
Statutes, to the extent as if it were copied at length in this agreement.
The prevailing party in a suit on this bond shall recover as part of the judgment
reasonable attorney fees that may be fixed by a judge of the court.
DATED this day of , 2024.
PRINCIPAL
SEAL
BY:
**
SURETY
SEAL
BY:
AGENCY ADDRESS
** Surety hereby acknowledges they are licensed to do business in the State of Arizona **
5.3.
STATUTORY PAYMENT BOND
PURSUANT TO TITLE 34,
CHAPTER 6, OF THE ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That
(“Principal”) and
,
a corporation organized and existing under the laws of the State of
,
with its principal office in the City of
(“Surety”), as held and firmly
bound unto
(“Obligee”) in the amount of
Dollars ($
), for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written Contract with the
Obligee, dated the 4th day of January 2024, to complete Project No. 5499742H, which Contract
is hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein.
NOW, THEREFORE, the condition of this obligation is such, that if the
principal promptly pays all monies 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 the
contract, this obligation is void. Otherwise, it remains in full force and effect.
Provided, however, that this bond is executed pursuant to the provisions of title
34, chapter 2, article 2, Arizona Revised Statutes, and all liabilities on this bond shall be
determined in accordance with the provisions, conditions, and limitations of title 34, chapter 2,
article 2, Arizona Revised Statutes, to the same extent as if they were copied at length in this
agreement.
The prevailing party in a suit on this bond shall recover as a part of the judgment
reasonable attorney fees that may be fixed by a judge of the court.
DATED this day of , 2024.
PRINCIPAL
SEAL
BY:
**
SURETY
SEAL
BY:
AGENCY ADDRESS
** Surety hereby acknowledges they are licensed to do business in the State of Arizona **
5.4.
CITY OF TEMPE DEPARTMENT OF ENGINEERING AND TRANSPORTATION
CONDITIONAL WAIVER AND RELEASE
FOR CONTRACTOR’S PAYMENT
AND SETTLEMENT OF CLAIMS
The undersigned:
Contractor’s Name: ____________________________________
Contractor’s Address: _______________________________________________
On receipt by the undersigned of a check from City of Tempe in the sum of $ (dollar
amount for final payment) and when the check has been properly endorsed and has been paid by the bank
on which it is drawn, this document becomes effective to release any mechanic's lien, any state or federal
statutory bond right, any private bond right, any claim for payment and any rights under any similar
ordinance, rule or statute related to claim or payment rights for persons in the undersigned's position, the
undersigned has on the job of the City of Tempe (Owner) for PAVEMENT PRESERVATION-
UNIVERSITY DRIVE, FARMER AVENUE TO ASH AVENUE and PROJECT NO. 5499742H at
the location of University Drive, Farmer Avenue to Ash Avenue. This release covers the final payment to
the undersigned for all labor, services, equipment or materials furnished to the jobsite, except for disputed
claims in the amount of $ . Before any recipient of this document relies on it, the person
should verify evidence of payment to the undersigned.
The undersigned, in consideration of the payment acknowledged, hereby warrants that he has already paid
or will pay using the monies received from this final payment to promptly pay in full all his contractors,
subcontractors, laborers, materialmen and suppliers for all work, materials, equipment or services
provided to the above-referenced project.
_________________________________________
______________________
Contractor Signature
Date
_________________________________________
By (Print Name and Title)