6700130 CMAR HAYDON BC TMOC GMP 6 - PHASE 2.PDF
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CITY OF TEMPE, ARIZONA
ENGINEERING AND TRANSPORTATION DEPARTMENT
ENGINEERING DIVISION
CONTRACT DOCUMENTS
FOR
TEMPE MUNICIPAL OPERATIONS CENTER – GMP 6 – PHASE 2
REMAINDER OF PHASE 2
PROJECT NO. 6700130
Haydon Building Corp.
CONSTRUCTION MANAGER AT RISK
CONSTRUCTION SERVICES
APPROVED BY:
___________________________________
Julian Dresang, P.E.
Deputy Engineering and Transportation Director/City Engineer
CITY COUNCIL MEMBERS
Mayor – Corey D. Woods
Jennifer Adams
Berdetta Hodge
Arlene Chin
Randy Keating
Doreen Garlid
Joel Navarro
CITY MANAGER
Rosa Inchausti
2023
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TABLE OF CONTENTS
1.
TERMS AND DEFINITIONS .............................................................................................. 1
2.
SERVICES OF CMAR ......................................................................................................... 6
3.
TERM ..................................................................................................................................... 6
4.
CMAR’S COMPENSATION ............................................................................................... 6
5.
CITY’S RESPONSIBILITIES ............................................................................................. 7
6.
GENERAL SCOPE OF SERVICES ................................................................................... 8
7.
CONTROL OF WORK ...................................................................................................... 13
8.
CONTROL OF MATERIALS ........................................................................................... 16
9.
ENVIRONMENTAL REQUIREMENTS......................................................................... 16
10. SAFETY REQUIREMENTS ............................................................................................. 17
11. COMMENCEMENT, PROSECUTION AND PROGRESS ........................................... 22
12. SUBCONTRACTOR AND SUPPLIER SELECTIONS ................................................. 23
13. WARRANTY ....................................................................................................................... 24
14. INSURANCE ....................................................................................................................... 25
15. BONDS ................................................................................................................................. 29
16. MEASUREMENTS AND PAYMENTS ............................................................................ 29
17. RECORD KEEPING AND FINANCE CONTROLS ...................................................... 30
18. MISCELLANEOUS REMOVAL AND RELOCATIONS .............................................. 30
19. APPROXIMATE QUANTITIES ....................................................................................... 31
20. MISCELLANEOUS WORK AND ALLOWANCES ...................................................... 31
21. SPECIAL TERMS AND CONDITIONS .......................................................................... 32
22. CORRECTION OF DEFECTIVE WORK....................................................................... 34
23. WITHHOLDING PAYMENT ........................................................................................... 35
24. TERMINATION.................................................................................................................. 36
25. PROJECT DOCUMENTS AND COPYRIGHTS ............................................................ 37
26. CONFLICT OF INTEREST .............................................................................................. 37
27. COVENANT AGAINST CONTINGENT FEES.............................................................. 38
28. INDEMNIFICATION ......................................................................................................... 38
29. DISPUTE RESOLUTION .................................................................................................. 39
30. ADDITIONAL SERVICES ................................................................................................ 39
31. ALTERATION IN CHARACTER OF WORK ............................................................... 39
32. SUCCESSORS AND ASSIGNS ......................................................................................... 39
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33. COMPLETENESS AND ACCURACY OF CMAR’S WORK....................................... 40
34. DISSEMINATION OF DATA ........................................................................................... 40
35. PROJECT STAFFING ....................................................................................................... 41
36. INDEPENDENT CONTRACTOR .................................................................................... 41
37. SUBCONTRACTORS ........................................................................................................ 42
38. LABOR ................................................................................................................................. 42
39. RECORDS/AUDIT.............................................................................................................. 42
40. NOTICES ............................................................................................................................. 42
41. COMPLIANCE WITH STATE AND FEDERAL LAWS .............................................. 43
42. CONTRACTOR’S LICENSE AND FEDERAL EMPLOYER I.D. NUMBER ............ 45
43. FORCE MAJEURE ............................................................................................................ 45
44. NON-WAIVER PROVISION ............................................................................................ 45
45. JURISDICTION .................................................................................................................. 45
46. ATTORNEYS’ FEES AND COSTS .................................................................................. 46
47. SURVIVAL .......................................................................................................................... 46
48. MODIFICATION ................................................................................................................ 46
49. SEVERABILITY ................................................................................................................. 46
50. INTEGRATION .................................................................................................................. 46
51. TIME IS OF THE ESSENCE ............................................................................................ 46
52. THIRD PARTY BENEFICIARY ...................................................................................... 46
53. COOPERATION AND FURTHER DOCUMENTATION............................................. 47
54. EXHIBITS ............................................................................................................................ 47
55. CONFLICT IN LANGUAGE ............................................................................................ 47
56. HEADINGS .......................................................................................................................... 47
57. NON-APPROPRIATION ................................................................................................... 47
58. ASSIGNMENT OF CLAIMS............................................................................................. 47
59. DISPUTES............................................................................................................................ 47
60. SEXUAL HARASSMENT.................................................................................................. 48
61. AMENDMENTS .................................................................................................................. 48
62. CMAR RECORDS .............................................................................................................. 48
63. NO CONSTRUCTION AGAINST DRAFTING PARTY ............................................... 48
64. INTERPRETATION OF CONTRACT DOCUMENTS ................................................. 48
65. EXHIBITS ............................................................................................................................ 50
SIGNATURE PAGE ................................................................................................................... 51
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65.1
LIST OF SUBCONTRACTORS
65.2
STATUTORY PERFORMANCE BOND
65.3
STATUTORY PAYMENT BOND
65.4
CERTIFICATION BY THE CONTRACTOR AUTHORIZING
EMPLOYEES TO SIGN BINDING AGREEMENT
65.5
CONDITIONAL WAIVER CONTRACTOR’S PAYMENT AND
SETTLEMENT OF CLAIMS
65.6
AFFIDAVIT OF GENERAL CONTRACTOR/PRIME CONSULTANT
REGARDING HEALTH INSURANCE
65.7
CITY OF TEMPE GUIDELINES FOR IMPLEMENTATION OF HEALTH
INSURANCE
65.8
AFFIDAVIT DEMONSTRATING LAWFUL PRESENCE IN THE UNITED
STATES
65.9
COMPLIANCE WITH TEMPE CITY CODE ON ANTIDISCRIMINATION
65.10 ACKNOWLEDGEMENT REGARDING LETTER IN GOOD STANDING
65.11 CITY ENGINEERING SECURE FACILITIES ACCESS GUIDELINES
EXHIBIT A GUARANTEED MAXIMUM PRICE
EXHIBIT B TECHNICAL SPECIFICATIONS PROJECT MANUAL VOLUME 1 AND 2
COVER SHEETS ONLY (ENTIRE VOLUME 1 & 2 PDF ON FILE)
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CITY OF TEMPE, ARIZONA
ENGINEERING AND TRANSPORTATION DEPARTMENT
DIVISION OF ENGINEERING
CONTRACT FOR CONSTRUCTION MANAGER AT RISK
CONSTRUCTION MANAGEMENT
This Contract is made and entered into this 4th day of January , 2024, by
and between the City of Tempe, an Arizona municipal corporation (“City” or “Owner”) and
Haydon Building Corp., an Arizona corporation (“Construction Manager at Risk”, “CMAR” or
“Contractor”).
A.
WHEREAS, City desires to construct Tempe Municipal Operations Center – GMP 6 –
Phase 2 – Remainder of Phase 2 in Tempe, Arizona, Maricopa County, Arizona, more
particularly described herein;
B.
WHEREAS, City and CMAR have reached an agreement, memorialized in this Contract,
whereby CMAR will perform construction services for said improvements for payment by the City
as set forth herein;
C.
WHEREAS, City engages CMAR to perform professional construction management
services and construct the Project known and described as Tempe Municipal Operations Center
– GMP 6 – Phase 2 – Remainder of Phase 2, Project No. 6700130 (“Project”).
NOW, THEREFORE, City and CMAR, in consideration of the mutual representations and
covenants set forth herein, and for other good and valuable consideration, do mutually agree as
follows:
1.
TERMS AND DEFINITIONS
For purposes of this Contract, the following definitions apply:
1.1.
“Addendum” means a document issued by City that modifies or supersedes
portions of the Contract as to additional specifications, forms, or other information.
1.2.
“Allowances” means costs for additional quantities and or additional Work that
City may require.
1.3.
“Alternate Systems Evaluations” means alternatives for design, means and
methods or other scope considerations that are evaluated by City using value
engineering principles for a potential reduction of construction costs of a quality
and functional Project per City requirements.
1.4.
“Amendment” means a written modification of the terms and conditions of this
Contract signed by the parties to the Contract.
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1.5.
“Business Day” means any calendar day except Saturdays, Sundays and holidays
observed by City.
1.6.
“Calendar Day” means every day shown on the calendar including Saturdays,
Sundays and holidays.
1.7.
“Change Order” means a written agreement entered into after the execution of the
Contract signed by the City, CMAR, and other parties as may be required or
appropriate, which makes changes to the scope of services or Deliverables and sets
forth adjustment to the Contract amount and or adjustment to the CMAR time of
completion.
1.8.
“CMAR” (“Construction Manager at Risk” or “Contractor”) means the
person, firm, corporation or other approved legal entity with whom City has
contracted with to provide design services or construction services.
1.9.
“Construction Fee” means CMAR’s total administrative costs, including home
office overhead if any, and profit, whether at CMAR’s principal or branch offices.
1.10. “Construction Manager Professional” means the person, firm, or corporation
having a separate contract with the City working as the Owner’s representative to
provide construction program management services for the Project.
1.11. “Contract” means this written document, including all addenda, amendments,
exhibits, attachments and schedules attached thereto, signed by City and CMAR
covering the construction phase of the Project. The Contract collectively represents
the entire agreement between City and CMAR, and which supersedes any prior
negotiations, representations or agreements, either written or oral.
1.12. “Cost Model” means a breakdown of the scope of the Project that is initially
developed by CMAR during the conceptual design phase and based on information
from the Project Team and CMAR’s records of similar Projects. The model will
evolve as the design progresses and be maintained by CMAR throughout the design
phase and will include any assumptions and clarifications made by CMAR. Cost
Model will support any cost estimates, Alternate Systems Evaluations and
eventually any GMP, when required by the Project Team. Cost Model is subject to
approval by City in its sole discretion.
1.13. “Cost of the Work” means the direct costs necessarily incurred by CMAR in the
proper performance of the Work. Cost of the Work may include direct labor costs,
subcontract costs, costs of materials and equipment incorporated in the completed
Work, costs of other materials and equipment, temporary facilities, building permit
fees, materials testing, and related items. Cost of the Work shall not include
CMAR’s Construction Fee, general conditions costs, taxes, bonds, or insurance
costs.
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1.14. “Data” means all information, whether written, electronic or verbal, including
plans, photographs, studies, investigations, audits, analyses, samples, reports,
calculations, internal memos, meeting minutes, field notes, work product,
proposals, correspondence and any other similar documents or information
prepared by or obtained by CMAR in the performance of this Contract.
1.15. “Day(s)” means Calendar Day(s) unless otherwise expressly stated herein.
1.16. “Deliverables” means the work products prepared by CMAR in performing the
scope of Work described in the Contract.
1.17. “Design Professional” means the qualified and licensed design person, firm, or
corporation having a contract with City to furnish design services for this Project.
1.18. “Drawings” means documents which visually represent the scope, extent and
character of the Work and which have been prepared or approved by Design
Professional and City. Drawings include such documents that have reached a
sufficient stage of completion and are released by the Engineer solely for the
purposes of review and/or use in performing constructability or biddability reviews
and in preparing cost estimates. (E.g., conceptual design Drawings, preliminary
design Drawings, detailed design Drawings at 30%, 60%, 90% or 100%, but
excluding Shop Drawings and those marked “NOT FOR CONSTRUCTION”).
1.19. “Effective Date of this Contract” means the date specified in this Contract on
which the Contract becomes effective, but if no such date is specified, the date on
which the last of the parties signs this Contract.
1.20. “Engineer” means City Engineer acting directly or through its duly authorized
representative.
1.21. “Final Acceptance” means a written final acceptance of the Work prepared by the
Engineer, after all Work has been completed in accordance with the Contract and
after inspection is completed by City.
1.22. “General Conditions Costs” means, other than expressly limited or excluded
herein, the costs of CMAR during the construction phase, including but not limited
to: payroll costs for the project manager or construction manager (but not both) 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
or off the site; workers not included as direct labor costs engaged in support
functions (e.g., loading, unloading, clean-up); 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 consultants not in the direct employ of CMAR or Subcontractors; and fees for
licenses.
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1.23. “Guaranteed Maximum Price (GMP)” means the sum of the maximum Cost of
the Work; the Construction Fee, General Conditions Costs, any Allowances, taxes,
bonds, and insurance.
1.24. “Guaranteed Maximum Price (GMP) Proposal” means the offer of a proposal
detailing the qualifications, assumptions, exclusions, value engineering, and any
and all other requirements set forth in the scope of work for the design phase.
1.25. “Laws and Regulations; Laws or Regulations” means any and all applicable
laws, rules, regulations, ordinances, codes and orders of any and all federal, state,
and local governmental bodies, agencies, authorities and courts having jurisdiction
over the subject Project, site and/or any Work for this Contract.
1.26. “MAG Specifications” means the Maricopa Association of Governments Uniform
Standard Specifications for Public Works Construction – latest edition, Maricopa
Association of Governments Uniform Standard Details for Public Works
Construction – latest edition, and City of Tempe Supplement to the MAG Uniform
Standard Details and Specifications for Public Works Construction – 2014 thereto.
The definitions set forth in MAG Specifications shall govern unless expressly
defined herein.
1.27. “Notice to Proceed” means written notification from City to CMAR establishing
the date on which performance of CMAR’s obligations under this Contract shall
begin. Notice to Proceed will be issued after CMAR’s receipt of the fully executed
contract and any applicable building permits are available.
1.28. “Progress Payment” means the form accepted by City and used by CMAR in
requesting progress payments or final payment for Work performed under this
Contract, which includes supporting documentation as required by the Contract or
City.
1.29. “Project” means the total design and construction of improvements or services
and/or Work to be performed by CMAR.
1.30. “Project Contingency” means a fund to cover non-general condition and other
cost growth during the Project used by the City or approved by the City for CMAR
use, at City’s sole discretion. The City will permit use of the Project Contingency,
as the need may arise, and such Project Contingency monies may be utilized and
are generally available for increased charges due to material costs and availability,
production capacity, unforeseen Project circumstances or site conditions, City
directed changes to the Work to be performed under the Contract including design
revisions or additional scope requests made by the City or the Design Professional,
or may be utilized to cover costs that have not been completely identified as trade
specific scope on the GMP setting documents such as scope gap, coordination
issues between trades, and missed scope during the bidding process, and may
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require further clarification or coordination. The amount of Project Contingency
will be set solely by City and will not be included in the GMP or GMP Proposal.
1.31. Project Manager” means Engineer or Construction Manager Professional.
1.32. “Project Team” means a construction services unit consisting of a Design
Professional, CMAR, Engineer, Construction Manager Professional and other
persons who are responsible for making decisions regarding the Project, as
approved by Engineer. Any other persons to be included in the Project Team shall
be identified in the preconstruction conference and are subject to approval by
Engineer.
1.33. “Samples” means physical examples of materials, equipment or workmanship
representative of a part of the construction phase establishing the standards by
which that portion of the construction phase Work will be evaluated.
1.34. “Shop Drawings” means all Drawings, diagrams, illustrations, schedules and other
Data or information specifically prepared or assembled by or for CMAR and
submitted by CMAR to illustrate some portion of the Work.
1.35. “Specifications” means the technical specifications for the construction phase of
this Project consisting of written technical descriptions of materials, equipment,
construction systems, standards and workmanship as applied to the Work and
administrative details applicable thereto.
1.36. “Subcontractor” means an individual, firm, entity or corporation other than
CMAR’s employees, having a contract with CMAR to undertake to perform a part
or portion of the design phase services or construction phase Work at the site for
which CMAR is responsible. Subcontractors shall be selected through the
Subcontractor bid process described in Section 12 of this Contract.
1.37. “Substantial Completion” means when the construction services for the Work (or
a specified part thereof) has progressed to the point where, within the sole discretion
of the City and as evidenced by a letter of Substantial Completion, such
construction services are sufficiently complete in accordance with the Contract
Documents so that City can occupy and use the Project or a portion thereof for its
intended purposes.
1.38. “Supplier” means a manufacturer, fabricator, supplier, distributor, materialman or
vendor having a direct contract with CMAR or with any Subcontractor to furnish
materials or equipment.
1.39. “Total Float” means number of Calendar Days by which the design phase services
or construction phase Work or any part of the same may be delayed without
necessarily extending a pertinent schedule milestone in the Project schedule, as
mutually agreed to by City and CMAR.
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1.40. “Work” means any or all of the improvements as required by the Contract, and the
construction, demolition, reconstruction, design, and/or repair of all or any portion
of such improvements, and all labor, services, incidental expenses, and material
necessary or incidental thereto.
2.
SERVICES OF CMAR
2.1.
CMAR shall perform in accordance with the degree of care, skill and judgment that
a professional construction manager in Arizona would exercise under similar
conditions. CMAR will, at all times, perform the required services consistent with
sound and generally accepted construction and construction management.
2.2.
CMAR has assigned Scott Brotherson as its representative for this Contract. Prior
written approval by the City is required in the event CMAR requests a personnel
substitution. CMAR shall submit the qualifications of any proposed substituted
personnel to City for approval.
2.3.
CMAR shall provide construction administration services for this Project as
described in Exhibit “A”. Where applicable, the services being provided under this
Contract include the following:
2.3.1. CMAR shall furnish any and all plant, materials, labor, construction
equipment, services and transportation (all applicable taxes included)
required for performing all Work for the installation of the Project.
2.3.2. The full street or physical address of the construction work location is 2090
W. Rio Salado Parkway in Tempe, Arizona. CMAR Contractor shall list
each Work location in any and all contracts with each Subcontractor at any
level and each Subcontractor shall include each Work location in any and
all contracts with its Subcontractors at any level.
3.
TERM
CMAR shall complete all services per the terms of the Contract, free and clear from any
and all claims, liens and changes whatsoever, within 516 Calendar Days of the Notice to
Proceed date issued by the City. In the event delays are experienced beyond the control of
CMAR, the schedule may be revised as determined by City in its sole discretion.
4.
CMAR’S COMPENSATION
4.1.
Total compensation for the services performed shall be the sum of $38,273,373.00,
which is the Guaranteed Maximum Price (GMP), as established in the attached
Exhibit “A” attached hereto and incorporated herein by this reference.
7
4.2.
City will pay CMAR installments based on approval of monthly progress reports
and detailed invoices submitted by CMAR. Such payments will be made pursuant
to A.R.S. § 34-609.
Payment requests shall be submitted by CMAR on the standard City construction
pay
request
form
at
https://www.tempe.gov/government/engineering-and-
transportation/engineering/cip-contract-payment Requests shall be provided
electronically to the Senior Engineering Associate assigned to your contract and
shall include all supporting documentation for work performed during the payment
period. All documents required as part of the “payment request” shall be scanned
as a PDF and added as an attachment to the e-mail submittal. The e-mail address is
limited to 10 MB. If the payment request is larger than 10 MB, please send in two
or more separate e-mails. PLEASE NOTE: The City’s network CANNOT accept
files or folders in a .zip format.
5.
CITY’S RESPONSIBILITIES
5.1.
City may designate a Construction Manager Professional for the term of this
Contract. When designated, the Construction Manager Professional has authority
to administer this Contract and will monitor compliance with all terms and
conditions stated herein. All requests for information from or a decision by City
on any aspect of the Work will be directed to the Construction Manager
Professional.
5.2.
City will review Deliverables by CMAR, provide prompt responses to questions
and render decisions to minimize delay in the progress of CMAR Work. City will
keep CMAR advised concerning the progress of the City’s review of the Work.
CMAR agrees that City’s inspection, review, acceptance and/or approval of
CMAR’s Work shall not relieve CMAR’s responsibility for errors or omissions of
CMAR or any of its Subcontractors.
5.3.
Unless included in CMAR’s services as identified herein, City may furnish with or
without charge the following to the extent it is within City’s possession or control:
5.3.1. One copy of its maps, records, laboratory tests, survey ties and benchmarks,
or other Data in its possession pertinent to the services. However, CMAR
shall be solely responsible for researching the records, requesting specific
Drawings or information, and independently verifying all Data.
5.3.2. Available City Data on policies, regulations, standards, criteria and studies
relevant to the Project.
5.4.
City additionally may:
5.4.1. Contract separately with one or more Design Professionals to provide
architectural and/or engineering design services for the Project. The scope
of the services for the Design Professional will be provided to CMAR.
8
CMAR shall have no right to limit or restrict any changes of such services
that are otherwise mutually acceptable to City.
5.4.2. Supply all necessary copies of programs and reports reasonably required by
CMAR.
5.4.3. Provide CMAR with adequate information regarding the City’s
requirements for the Project.
5.4.4. Give prompt written notice to CMAR in the event City becomes aware of
any default or defect in the Project or nonconformance with the Drawings
and/or Specifications.
5.4.5. Notify CMAR of changes concerning or affecting budget allocations.
5.4.6. Authorize the Project Manager to approve the Project budget and Project
schedule, render decisions and furnish information to CMAR.
6.
GENERAL SCOPE OF SERVICES
6.1.
CMAR Requirements and Conditions.
6.1.1. Licenses, Taxes and Permits. Prior to the execution of this contract, the
Contractor must carry the appropriate State of Arizona Contractor License.
In addition, all Subcontractors must carry the appropriate State of Arizona
Contractor’s license for the proposed Work.
Prior to execution of this Contract, CMAR must ensure all applicable taxes
due by Contractor are paid in full. At all times, the determination of
applicable taxes and rates, and remitting taxes owed, shall be the sole
responsibility of Contractor.
It is the sole responsibility of the Contractor and any subcontractors to
obtain a Letter of Good Standing from the Arizona Department of
Revenue
prior
to
Contract
award.
Go
to
https://azdor.gov/forms/collections-forms/tax-clearance-application
and obtain directions regarding how to submit for the Letter of Good
Standing. The Letter of Good Standing must have been issued within
the last 90 Calendar Days from the award date of the contract. Submit
a
copy
of
the
Letter
of
Good
Standing
to
contractor_support@tempe.gov
In addition, Contractor must
complete Exhibit 65.10 prior to award.
In the event a “denial” letter is received from the Arizona Department of
Revenue, should any taxes owed by the Contractor not be remitted in full
prior to award along with the receipt of a Letter of Good Standing from the
Contractor, the award of the contract will not move forward.
9
CMAR, at its sole cost, shall obtain all required governmental permits and
approvals for all work and services performed hereunder unless otherwise
specified.
6.1.2. Licenses and Permits. All Subcontractors must carry the appropriate State
of Arizona Contractor’s license for the proposed Work. Prior to execution
of this Contract, CMAR must possess a valid State transaction privilege
license and shall provide the permit number of such for validation and must
carry the appropriate State of Arizona Contractor License.
6.2.
Uniform Standard Specifications
6.2.1. Unless otherwise specified herein, all Work performed under this Contract
shall be accomplished in accordance with the MAG Specifications as
defined in Section 1.26.
6.2.2. In the case of a discrepancy or conflict, the order in which the Contract
sections govern is as follows from the highest to lowest: special terms and
conditions, technical specifications, plans, general terms and conditions,
City of Tempe Supplement, MAG Specifications, and MAG Details.
6.2.3. All bids shall be made in accordance with the General Conditions of the
MAG Specifications.
6.3.
Examination of Premises.
6.3.1. CMAR shall visit the site of the Project and shall fully acquaint itself with
the conditions as they exist, so that it may fully understand the facility,
difficulties and restrictions attending the execution of the Work.
6.3.2. Subcontractor bidders shall also thoroughly examine and be familiar with
the Specifications and other Contract requirements. The failure of CMAR
to obtain, receive or examine any addenda to the proposed Contract, or to
visit the site and acquaint itself with the conditions there existing, shall not
relieve it from any obligation with respect to its proposal.
6.3.3. By submitting a proposal, CMAR agrees that it has examined the site,
Specifications and the Contract and accepts, without recourse, all site
conditions and the proposed Contract, except for conditions that could not
have been reasonably foreseen or discovered upon examination of the site,
specifications and the Contract.
6.4.
Project Meetings. CMAR shall attend Project Team meetings and all other
meetings as directed by City.
10
6.5.
CMAR shall perform any and all services described herein, in a proactive manner
and consistent with the intent of the most current Drawings and Specifications.
CMAR will promptly notify City in writing in the event that CMAR determines
that any Drawings or Specifications are inappropriate for the Project and/or cause
changes in the scope of Work.
6.6.
Description of Work. CMAR shall provide services for this Project as described in
Section 7 through Section 13 herein.
6.7.
Traffic Control.
6.7.1. All traffic shall be regulated in accordance with MAG Standard
Specifications and MAG Standard Details; the City of Phoenix Barricade
Manual, latest edition, with City of Tempe revisions, available through the
City of Tempe Transportation Division (Transportation) at 480-350-8219;
the Manual on Uniform Traffic Control Devices (MUTCD); and any special
provisions included herein.
6.7.2. At the time of the pre-construction conference, CMAR shall designate an
American Traffic Safety Services Association (ATSSA) certified individual
who is well qualified and experienced in construction traffic control and
safety, to be responsible for implementing, monitoring, and altering traffic
control measures as necessary to insure that traffic is carried through the
work area in an effective manner and that motorists, pedestrians, bicyclists,
and workers are protected from hazard and accidents. At the same time,
City shall designate a representative who will be responsible to see that all
traffic control and traffic control alterations are implemented per these
traffic control specifications.
6.7.3. CMAR shall have the full responsibility and liability for traffic control for
this Project. CMAR shall submit a Traffic Control Plan to the
Transportation Division for approval one week prior to beginning Work
under this Contract. It shall be noted that traffic under this Contract shall
include all motor vehicles, bicyclists, and pedestrians.
6.7.4. During construction it may be necessary to alter traffic control as approved
by the Transportation Division. Alterations to traffic control shall be in
accordance with the latest edition of Part VI of the Manual on Uniform
Traffic Control Devices: “Traffic Control for Streets and Highway
Construction and Maintenance Operations”; the latest edition of the ADOT
Traffic Control Manual; or the City of Phoenix Barricade Manual, latest
edition, with City of Tempe revisions. The most restrictive manual shall
apply.
6.7.5. No measurement or payment will be made for traffic control unless
otherwise expressly set forth herein. The cost thereof shall be included in
11
the GMP Proposal for the construction or installation of the items to which
such traffic control is incidental or appurtenant.
6.7.6. In the event CMAR damages any traffic signal equipment, traffic signal
conduit, and/or circuits, it shall have them repaired immediately at its
expense by an electrical contractor that has had traffic signal experience
which is pre-approved by the City. Any damage repaired by the City will
be billed to CMAR at twice the City’s cost.
6.7.7. CMAR shall notify all adjacent or affected residents or businesses at least
forty-eight (48) hours in advance of any street, alley, sidewalk, and
driveway closures and make suitable arrangements to have all vehicles
moved to a satisfactory location outside the closed area.
6.7.8. Pedestrian access shall be maintained along the length of the Project at all
times per the requirements of the Americans with Disabilities Act, and as
approved by the City Transportation Division.
6.7.9. Speed limits shall be strictly enforced.
6.7.10. For more information, please contact the City Transportation Division at
480-350-8219.
6.8.
Dust Prevention. Contractor shall take all necessary steps to ensure dust-free
conditions on property within the City to the satisfaction of the City Engineer, and
fully comply with A.R.S. §49-474.06 and Maricopa County Air Pollution Control
Rules and Regulations Rule 200 §305-306, concerning dust-generating operations
as defined by Maricopa County Rule 310. In any operation where more than one-
tenth of an acre of surface area is disturbed and/or when unpaved onsite haul roads
are used, Contractor shall obtain a Maricopa County dust control permit.
Contractor shall provide assurance that subcontractors used on the dust generating
portion of the Project are registered with the Maricopa County Air Quality
Department and that only certified PM-10 efficient street sweepers shall be used to
sweep City streets as required by Tempe City Code Sec. 26A-25. Contractor shall
provide its subcontractor(s)’ registration number and dust control plan, if
applicable, to the City Engineer prior to engaging in any dust-generating activities.
Project related hauling activities to and/or from storage located on property owned
by City shall be listed on the approved dust control permit and be subject to control
measures in the approved dust control plan. When hauling fill or excavation
materials exceeding 5,000 cubic yards or when the duration of the haul is more than
fourteen Calendar Days, Contractor shall obtain a City haul permit before the
hauling operation begins. Prior to receiving a haul permit, Contractor must submit
the required certificate of insurance, a plan showing the proposed haul routes and a
complete schedule of the hauling operation to the City Engineer.
All costs associated with the submittal, approval and implementation of the permit
and dust control plan as approved by Maricopa County Air Quality Department
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shall be borne solely by the Contractor. Failure to fully comply with this provision
shall be considered a material breach of the Contract, and subject the Contract to
termination by the City, in addition to other legal remedies.
6.9.
Clean-Up. Contractor agrees and covenants to adequately protect the work site,
adjacent property, and the public in all phases of the work and/or services provided
herein. Contractor shall be solely responsible for all damages or injuries due to
action or neglect pursuant to this section. Contractor shall maintain access to all
phases of the project pending inspection by City. Contractor hereby agrees to the
following as to the job site: The project limits shall be cleaned of all trash, debris,
construction materials and equipment at the completion of each workday. No
equipment, vehicles or materials shall be stored on site during non-working hours,
holidays or non-working days unless otherwise approved by the City Engineer or
designee. No payment shall be made for this work; the cost being considered
included in other items of work. All new construction shall be completed withing
the right-of-way or temporary construction easement areas shown on the project
plans. Contractor agrees to continually keep the job site free from debris, waste,
and accumulation of materials; immediately clean up any oil, fuel, or chemical
spills and take any and all remediation necessary; keep machinery clean and free of
weeds and debris; remove all construction stains, smears, and debris from finished
surfaces; perform site preparation to limit the spread of weeds, debris, and other
nuisances prior to submission of final invoice to City; and remove all equipment,
materials, tools, and Contractor’s personal property prior to submission of final
invoice to City.
6.10. Alteration of Work.
6.10.1. In the event that significant changes in the scope of the Work, and/or
changes in the quantities due to contingencies of construction become
necessary, such changes shall be made in accordance with Section 104.2 of
General Conditions in the MAG Specifications.
6.10.2. The costs associated with any extra Work as authorized by the contracting
agency must be approved prior to the start of Work. Extra Work performed
on an actual cost basis shall be submitted for approval within 21 Calendar
Days after the completion of such Work. The final costs for additional
Work shall also include any and all charges associated with extended
general conditions or Contract acceleration.
6.11. Subsidiary Work. All Work called for in the Plans and Specifications shall be
performed by CMAR and unless a specific bid item is provided for the Work, then
such portion of the Work will be considered subsidiary to other Work for which
payment is provided.
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7.
CONTROL OF WORK
7.1.
Interpretations of Drawing and Documents. If any Subcontractor submitting a bid
for the proposed Work or any part thereof is in doubt as to the true meaning of part
of the Contract, or finds discrepancies in or omissions from the Contract, such
Subcontractor may submit to the Engineer a written request for an interpretation or
correction thereof. Subcontractor submitting the request will be responsible for its
prompt delivery. Any interpretations or corrections of the proposed documents will
be made by Addendum duly issued, and a copy of each addendum will be mailed
or delivered to CMAR who shall distribute the addendum to the appropriate
Subcontractor(s). City will not be responsible for any other explanation or
interpretations of the documents.
7.2.
CMAR’s Representative. CMAR shall at all times be present at the Work in person
or represented by a foreman or other properly designated agent. Instructions and
information given to CMAR’s foreman or agent on the Work shall be considered
as having been given to CMAR.
7.3.
Relocation of Utilities. All utilities in conflict with the new Work will be relocated
by the utility company except as otherwise provided in the Plans and Specifications.
7.4.
Supervision by CMAR. CMAR will supervise and direct the Work. It will be
solely responsible for the means, methods, techniques, sequences and procedures
of construction. CMAR will employ and maintain on the Work a qualified
supervisor or superintendent who shall have been designated in writing by CMAR
as CMAR’s representative at the site. The supervisor shall have full authority to
act on behalf of CMAR and all communications given to the supervisor shall be as
binding as if given to CMAR. The supervisor shall be present on the site at all
times as required to perform adequate supervision and coordination of the Work.
7.5.
Construction Staking. Construction staking shall be provided by CMAR. Repair
or replacement of construction stakes that have been knocked out due to CMAR’s
Work or lack of Work, weather conditions, traffic or vandalism will be performed
at CMAR’s sole expense.
7.6.
Survey Control Points. Existing survey monuments shall be protected by CMAR
or removed and replaced under the direct supervision of the Engineer. Prior to
construction, it is the responsibility of CMAR to notify the Engineer of any survey
monuments which need to be referenced off of the monument. Any monuments
which are lost and have not been referenced off due to CMAR’s negligence and/or
lack of notification to the Engineer shall be replaced at CMAR’s expense. Lot
corners shall not be disturbed without knowledge and consent of the property owner
and only after such corner has been properly referenced for replacement.
7.7.
Authority of the Construction Manager Professional. Construction Manager
Professional shall act as the Engineer’s designated representative during the
construction period. Construction Manager Professional shall advise on questions
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concerning coordination with the City, public safety, and quality and acceptability
of materials and Work performed. Construction Manager Professional or
Construction Manager Professional’s assigned inspector shall interpret the intent of
the Contract in an unbiased manner.
Construction Manager Professional or Construction Manager Professional’s
assigned inspector shall be present on the site at times during construction to
monitor the Work and to maintain records for Contract management. Construction
Manager Professional shall promptly make decisions relative to the interpretation
of the Contract so as to minimize delays in construction. Construction Manager
Professional will not be responsible for directing construction, control, techniques,
sequence, or procedures, or for directing job safety.
7.8.
Shop Drawings, Schedules & Samples.
7.8.1. In time for each to serve its proper purpose and function, CMAR shall
submit to Engineer such schedules, reports, drawings, lists, literature
samples, instruction, directions, and guarantees as are specified or
reasonably required for construction, operation, and maintenance of the
facilities to be built and/or furnished under this Contract.
7.8.2. Shop drawings and Data shall be submitted to the Engineer in such number
of copies as will allow Engineer to retain four (4) copies of each submittal.
The submittal shall clearly indicate the specific area of the Contract for
which the submittal is made. The additional copies received will be
returned to CMAR’s representative at the job site. Engineer’s notations of
the action taken will be noted on one (1) of these returned copies.
7.8.3. The above drawings, lists, prints, samples, and other Data shall become a
part of the Contract and a copy of the same shall be kept with the jobsite
Contract, and the fabrications furnished shall be in conformance with the
same. However, Engineer’s review of the above drawings, lists, prints,
specifications, samples, or other Data shall not release CMAR from its
responsibility for the proper fulfillment of the requirements of this Contract
nor for fulfilling the purpose of the installation nor from its liability to
replace the same, should it prove defective or fail to meet the specified
requirements.
7.9.
As-Built Plans. CMAR shall provide and maintain accurate field Data on a redlined
set of Project plans, which are to be kept current and submitted as complete at the
conclusion of the construction. All redlined plans shall be subject to acceptance
and approval by City. Upon City’s approval, these redlined plans will be used as
documentation for progress payments, and upon Project completion, for the
preparation of as-built file plans by Design Professional. CMAR shall have a
Design Professional certify the as-built plans prior to submission to City. Final
payment will not be issued to CMAR until all record plans and as-builts are
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submitted by CMAR and certified to be complete and accurate by Design
Professional of record.
7.10. Underground Utilities. Underground utilities indicated on the plans are in
accordance with maps furnished by City and by each utility company. The
locations are only approximate and require verification prior to construction as
mandated by City requirements for underground street crossings and potholing.
7.11. Inspection. CMAR is responsible for complying with the Specifications and is
hereby forewarned that final approval of any Work will not be given until the entire
Project is completed and accepted. Prior to “final inspection” on any City facilities
requiring a building permit, CMAR must call for final inspections from the
Development Services and Engineering and Transportation Departments of City.
The final inspection must be completed prior to final acceptance and payment by
Engineer.
7.12. Substantial Completion. Upon Substantial Completion of the Work or, if
applicable, any portion of the Work, City shall release to CMAR all retained
amounts relating, as applicable, to the Work or completed portion of the Work, less
an amount up to two and one half times (2.5) the reasonable value of all remaining
or incomplete items of Work as noted in a certificate of Substantial Completion.
7.13. Beneficial Occupancy. “Beneficial occupancy” is use of a facility or Project, in
whole or in part, by the owner for its intended purpose. This may occur even though
some Work of the Contract remains undone. Prior to such use or occupancy, City
will provide notice to the CMAR and complete a partial acceptance inspection.
7.14. Completion of the Work. Completion of the Work is full completion of all
construction associated with this Contract, including, but not limited to punch list
items, close out documentation, operation and maintenance manuals, warranties,
and record plans as certified by Design Professional.
7.15. Final Acceptance and Guarantee. “Final Acceptance” shall mean a written final
acceptance of the Work as defined in Section 1.23.
7.16. Warranty. CMAR acknowledges and agrees that CMAR’s Warranty as set forth in
Section 13 shall begin at the time of beneficial occupancy by City of any portion of
the Project, and shall continue for a period of one (1) year upon the Final
Acceptance of the entire Work as expressly stated in Section 13 of the Contract.
This provision shall in no way be construed to limit or restrict the Warranty period
expressly stated in the Contract.
7.17. Emergencies. In any emergency affecting the safety of persons and/or property,
CMAR shall act, at its discretion, to prevent threatened damage, injury or loss.
MAG Specification 107.5 applies to this provision.
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8.
CONTROL OF MATERIALS
8.1.
Excess Materials. Excess or unsuitable material, broken asphaltic concrete and
broken portland concrete shall be disposed of by CMAR. CMAR shall, prior to
commencement of the Work, submit a letter to the Engineer stating the location of
disposal site(s) for all excess material and certifying that it has obtained the property
owner’s permission for the disposal of all surplus material.
8.2.
Quality Control.
8.2.1. All material shall be new and of the specified quality and equal to the
accepted samples, if samples have been submitted. All Work shall be done
and completed in a thorough, workmanlike manner, notwithstanding any
omission from this Contract; and it shall be the duty of CMAR to call the
Engineer’s attention to apparent errors or omissions and request instruction
before proceeding with the Work.
8.2.2. Engineer may, through appropriate instruction, correct errors and supply
omissions, which instructions shall be as binding upon CMAR as though
contained in the original Contract.
8.2.3. At the option of Engineer, materials to be supplied under this Contract will
be tested and/or inspected either at its place of origin or at the site of the
Work. CMAR shall give Engineer written notification well in advance of
actual readiness of materials to be tested and/or inspected at point of origin.
Satisfactory tests and inspections at the point of origin shall not be construed
as a final acceptance of the material nor shall it preclude retesting or
reinspection at the site of the Work.
9.
ENVIRONMENTAL REQUIREMENTS
9.1.
CMAR shall comply with all federal, state, and municipal regulations, laws, and
policies relating to air, ground water quality, and water conservation. In addition,
the following requirements are applicable for City construction projects.
9.1.1. Non-pick up sweepers will not be allowed except as required to make joints
during chip sealing operations.
9.1.2. Water flooding of trenches with potable water will not be permitted.
9.1.3. All paints applied by sprayers shall be of a water-based type.
9.1.4. Provisions shall be made to prevent the discharge of construction silt, mud,
and debris into City storm drains or streets.
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9.1.5. Spills of oil, gas, chemical, or any other hazardous materials must be
reported and removed by approved procedures. Mitigation measures shall
be taken to prevent contamination of construction storage sites.
9.1.6. Concrete waste must be disposed of in an approved location and at least
twenty-five (25) feet from established landscaping.
9.1.7. City refuse roll-off containers shall be used on City projects unless
otherwise directed by the City of Tempe Solid Waste Supervisor. If you
should have any questions concerning any of the requirements or charges,
please contact the Solid Waste Supervisor, at 480-350-8268.
9.1.8. Hazardous wastes shall not be discharged into the City’s sanitary sewers or
storm drainage system. All waste products shall be disposed of in
accordance with applicable regulations.
9.1.9. The discovery of archeological ruins or artifacts must be reported
immediately, and excavation shall not resume in the identified area until
approved by the Engineer.
9.1.10. All materials supplied by CMAR shall be one hundred percent (100%)
asbestos free unless otherwise approved by the City.
9.2.
No additional payment will be made for compliance with the above items.
9.3.
In addition to the above, the use of new products made with reclaimed material and
meeting Project Specifications is encouraged.
10.
SAFETY REQUIREMENTS
CMAR shall comply with all applicable federal, state and local health and safety laws,
regulations, ordinances, and requirements. In addition, the following requirements are
applicable for City construction projects.
10.1. Pre-Contract Requirements.
10.1.1. CMAR shall submit current loss history information from all its insurance
carriers before this Contract is executed. The information specific to
workers’ compensation insurance carriers must include a three (3) year
history of both its Experience Modification Factor (EMOD) and its loss
ratio.
10.1.2. CMAR shall provide upon request a copy of its written health and safety
program and any required employee training records or certificates.
10.1.3. CMAR shall provide certificates of insurance and meet indemnification
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criteria.
10.2. Contract Requirements. CMAR will be required to attend a City safety briefing.
The safety briefing session shall address the following issues:
10.2.1. City Safety Rules and Expectations.
10.2.2. Contractor Tailgates. CMAR shall conduct tailgate safety meetings
regularly to ensure that safety on the job is given priority.
10.2.3. Accident/Injury/Illness Procedures. Engineer and the Risk Management
Division shall be contacted any time an accident, injury or illness occurs on
the Project.
10.2.4. Unsafe Acts. CMAR employees shall be empowered to stop an unsafe act
or condition at City facilities.
10.2.5. Safety Audits. City reserves the right to conduct safety audits at the job site
at any time. In addition, City shall be notified should an OSHA inspection
occur at a City job site.
10.2.6. Job and Site Specific Requirements. Site specific requirements such as
lockout/tagout rules and evacuation plans shall be covered during the safety
briefing as indicated by the Project exposures.
10.2.7. CMAR may have the following additional safety requirements based on the
exposures of the Project:
a. CMAR shall implement a permit-required confined space program as
required under federal and state statutes and/or regulations, and
amendments thereto, for all Work that encompasses a space that (1) is
large enough and so configured that an employee can bodily enter and
perform assigned Work; (2) has limited or restricted means for entry or
exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults,
and pits are spaces that may have limited means of entry); and (3) is
not designed for continuous employee occupancy.
b. As a part of CMAR implementing a confined space program, it is the
responsibility of CMAR to provide trained attendant(s) and all
intrinsically safe confined space entry related equipment (for example,
ladders, gas detectors, safety harnesses, safety tripods, and electrical
devices) as needed for safe entry of a confined space.
c. When any City employee is required to enter a confined space during
the construction phase of a Project, such as for the purpose of
inspection, it is the responsibility of CMAR to provide a trained
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attendant and all necessary equipment required for safe entry of City
employee.
d. Safety will be a part of the agenda for the weekly construction
meetings. Items of discussion will be outstanding safety and health
issues, current safety meeting topics, environmental issues and any
accidents or injuries on the job. City reserves the right to request the
agendas, minutes of the meetings, and documentation of any safety
tailgate meetings held on the job site.
10.3. Temporary Barricades.
10.3.1. Temporary barricades shall be regulated in accordance with the City of
Phoenix Traffic Control and Barricade Manual, latest edition, with City of
Tempe revisions available through the City of Tempe Transportation
Division at 480-350-8219.
10.3.2. No additional payment will be made for temporary barricades. Temporary
barricades will be considered subsidiary items to those items for which
payment is made.
10.4. Protection of Finished or Partially Finished Work.
10.4.1. CMAR shall properly guard and protect all finished or partially finished
Work and shall be responsible for the same until that phase is completed
and accepted by the Engineer.
10.4.2. Estimate or partial payment of Work so completed shall not release CMAR
from such responsibility, but he shall turn over the entire Work in full
accordance with these Specifications before final payment can be made.
10.5. Blue Stake. CMAR is required to notify Blue Stake at 602-263-1100 prior to the
excavation of any material in accordance with A.R.S. §§ 40-360.22-24, as amended
from time to time. CMAR shall directly contact City for the marking of electrical
underground apparatus for traffic signals, sprinkler and irrigation facilities.
10.6. Salt River Project Construction Clearance Agreement. Salt River Project requires
all contractors who will be working on its facilities to sign a standard form
“Construction Clearance Agreement” prior to issuance of a license. This agreement
sets forth the requirements to complete the proposed Work in an allotted time frame
or to pay full costs for others to complete. It also obligates the contractor to comply
with all applicable federal, state, and local laws, rules, regulations, and ordinances
including, but not limited to, the OSHA Permit Required Confined Space rules, as
amended. CMAR is responsible for executing a “Construction Clearance
Agreement” with Salt River Project, if required, and furnishing a copy to City prior
to proceeding with any construction on Salt River Project facilities.
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10.7. Notification of Property Owners. All property owners that may be affected by the
proposed construction activities shall be notified of scope and duration of the
construction activities by CMAR prior to start of construction. CMAR shall submit
all notifications to City Engineer for approval prior to distributing such
notifications to property owners.
10.8. Access. Access shall be maintained to adjacent businesses at all times during
construction. Where property has more than one point of access, no more than one
access shall be restricted or closed at any one time. If only one driveway exists,
then access shall be maintained to at least one-half of the driveway at a time.
Access to adjacent private driveways shall be maintained during all non-working
hours.
10.9. Protection of Existing Facilities. CMAR is to protect all existing facilities during
construction. Utility poles that may be affected by the construction activities shall
be protected and/or braced by CMAR. CMAR shall notify the appropriate utility
company or agency of any construction that may affect its facilities and state the
course of action which will be taken to protect same.
10.10. Storm Water Pollution Prevention Plan and AZPDES Permit.
This Project is subject to Arizona Pollutant Discharge Elimination System
(AZPDES) General Permit requirements for discharge from construction activities
to waters of the United States. Under provisions of that permit, CMAR shall be
designated as permittee, and shall be responsible for providing necessary material
and taking appropriate measures to assure that all discharges authorized by the
General Permit shall be consistent with the terms and conditions of the General
Permit. The AZPDES Construction General Permit requirements for construction
and Storm Water Pollution Prevention Plan can be viewed at the City of Tempe
Engineering Division or downloaded from https://azdeq.gov/node/524
10.10.1. CMAR shall complete and submit the following:
a. Notice of Intent (NOI) for Coverage under AZPDES Permit No.
AZG2003-001 for Construction Activity Discharges to Waters of
the United States, including certification of the signature.
b. Storm Water Pollution Prevention Plan (SWPPP) for the Project.
c. Notice of Termination (NOT) of coverage under the AZPDES
Construction General Permit.
10.10.2. All Subcontractors shall comply with all requirements of the AZPDES
Construction General Permit and the Project SWPPP. The SWPPP shall
be kept on the Project site at all times, and shall be retained by the
permittee for three (3) years following Project completion.
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10.10.3. CMAR shall submit completed and signed NOI forms PRIOR TO THE
PROJECT PRECONSTRUCTION CONFERENCE to the following
address: Stormwater Program – Water Permits Section/NOI, Arizona
Department of Environmental Quality, 1110 West Washington, Phoenix
5415B-3, Arizona 85007. Copies shall be transmitted to the Engineer at
the time of the preconstruction meeting. CMAR shall prepare a final
SWPPP and submit it at the preconstruction meeting for discussion and
approval.
10.10.4. Failure by CMAR (or any of its appropriate Subcontractors) to submit the
NOI forms within this time frame (or to promptly make revisions to those
forms as requested by the City) which prevents submittal of the forms to
the Arizona Department of Environmental Quality within the mandated
deadline of forty-eight (48) hours prior to start of construction will result
in delay of the start of construction. CMAR will not be entitled to any
claim for additional compensation for additional costs resulting from such
a delay in the construction start date. The NOI shall be posted on the
construction site along with the SWPPP.
10.10.5. It is CMAR’s responsibility to perform inspections of all storm water
pollution prevention control devices on the Project on a monthly basis and
following each significant rainfall (0.50 inches or more). CMAR is
responsible for maintaining those devices in proper working order,
including cleaning and/ or repair.
10.10.6. All SWPPP reports required under this Contract shall be available to the
public in accordance with the requirements of the AZPDES Construction
General Permit No. AZG2003-001. CMAR, as the permittee of
construction activities with storm water discharges covered by the
AZPDES Construction General Permit, shall make plans available to the
public upon request through the Arizona Department of Environmental
Quality.
10.10.7. No condition of the AZPDES Construction General Permit as well as the
SWPPP shall release CMAR from any responsibilities or requirements
under other environmental statutes or regulations.
10.10.8. Upon total Project completion, acceptance, and de-mobilization, CMAR
shall submit its completed, signed Notice of Termination (NOT) form to
Stormwater Program – Water Permits Section/NOT, Arizona Department
of Environmental Quality, 1110 West Washington 5415B-3, Phoenix,
Arizona 85007 with a copy to the City’s construction Project manager
thereby terminating all AZPDES Construction General Permit coverage
for the Project.
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10.10.9. The unit prices for the proposal items shall include all material, labor, and
other incidental costs relating to the preparation and submittal of all
AZPDES Construction General Permit related forms to Arizona
Department of Environmental Quality; preparation, revision and
maintenance of the SWPPP; and provision, installation, operation, and
maintenance of all pollution control devices. The cost of the activities
and items within this provision as provided by CMAR is considered
incidental to other items and no extra payment will be made for these
incidental costs. Such incidental costs shall include CMAR costs in order
to assure proper operation of the pollution control devices installed,
including all maintenance, cleaning, and disposal costs associated with
clean-up and repair following storm events or other runoff or releases on
the Project.
11.
COMMENCEMENT, PROSECUTION AND PROGRESS
11.1. Start of Work. Work shall start as soon as practical, and in no case later than seven
Calendar Days after the Notice to Proceed is issued by City.
11.2. Contract Completion Date. The date established in the Notice to Proceed is for
completion of all or specified portions of the Work. This includes items of Work
to be completed under an owner allowance or as part of a contingency item. The
stated Contract completion date will include weather conditions that are not
unusually severe for the area and time of year. This date may be expressed as a
calendar date or a number of Calendar Days after issuance of the Notice to Proceed.
11.3. CMAR’s Construction Schedule. Prior to the start of Work, a construction progress
schedule shall be required and shall comply with the requirements of MAG
Specification 108.4. In addition, a schedule update comparing actual progress with
scheduled progress will be required with the submission of each monthly pay
request.
11.4. Hindrances and Delays.
11.4.1. Except as provided in Section 22, no charge shall be made by CMAR for
hindrances or delays from any cause during the progress of any portion of
the Work embraced in this Contract; but such delays, if due to no fault or
neglect of CMAR, may entitle CMAR to a time extension sufficient to
compensate for the delays. The amount of the delay shall be determined by
the Engineer provided CMAR gives Engineer immediate notice in writing
of the cause of such delay.
11.4.2. The parties agree to negotiate for the recovery of actual costs related to
expenses incurred by CMAR for a delay under the following circumstance:
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a. If City is solely responsible for the delay which is unreasonable under
the circumstances,
b. Which delay was not within the contemplation of the parties to the
Contract at the time the Contract was entered into, and;
c. CMAR can show the impact of the delay on the critical path of the
construction activity as indicated in an approved Construction Progress
Management schedule.
11.4.3. Unless specifically provided for or otherwise stated herein, the maximum
compensation for delays, shall not exceed CMAR’s actual cost.
11.4.4. This section shall not be construed to void any provisions of this Contract,
which require notice of delays, which provide for alternative dispute
resolution or other procedures for settlement, or which provide for
liquidated damages.
11.5. Liquidated Damages. Unless otherwise specified, liquidated damages will be
applied in accordance with MAG Specification 108.9. Completion of the Work as
stated in this Contract is the same as completion of the Work as stated in MAG
Specification 108.9. Damages will be applied at the amounts specified in Table
108.1.
12.
SUBCONTRACTOR AND SUPPLIER SELECTIONS
12.1. CMAR shall select Subcontractors as set forth in A.R.S. § 34-603. CMAR hereby
warrants that it has complied with the applicable provisions of A.R.S. § 34-603 in
its selection of any Subcontractor and agrees to hold harmless and indemnify City
for any statutory noncompliance.
12.2. If City objects to any nominated Subcontractor or supplier or to any self-performed
Work for good reason, CMAR will nominate a substitute Subcontractor or supplier.
This provision shall in no way be deemed to diminish CMAR’s responsibility for
Subcontractor or impose liability upon City for contracting with any Subcontractor.
12.3. All Subcontractors doing Work in excess of Thirty Thousand Dollars ($30,000.00)
shall maintain, during the course of the Contract, health insurance for all employees
working on this Project and will offer health insurance coverage to eligible
dependents of such employees as required by the City of Tempe Guidelines for
Implementation of Health Insurance, and Resolution No. 2000.73.
12.4. CMAR will distribute Drawings and Specifications, and when appropriate, conduct
a pre-bid conference with prospective Subcontractors.
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12.5. City reserves the right to request a completed bid tabulation from CMAR within a
reasonable time after the closing of the bid opening proceedings.
12.6. If after award of Subcontractors or suppliers, City objects to any nominated
Subcontractor or supplier, or to any self-performed Work for good cause, CMAR
will nominate a substitute Subcontractor or supplier, preferably if such option is
still available, from those who submitted bids for the Work identified.
12.7. CMAR, upon opening of bids for Subcontractors will evaluate them including, but
not limited to, the evaluation of lower tier Subcontractors, Subcontractor
qualification submittals and prospective suppliers selected by each apparent low
bidder. CMAR will resolve any bid withdrawal, protest or disqualification in
connection with the award at no increase in the Cost of the Work.
12.8. Within 15 Calendar Days after Subcontractor bid opening, CMAR will deliver to
City a written notice of intent to award, itemizing the Subcontractors and suppliers
selected by CMAR. The notice of intent to award will detail: (a) for each
Subcontractor agreement, the amount of the bid and the corresponding
Subcontractor or supplier; (b) the sum of bids received for all intended
Subcontractor agreements; and (c) trade work that CMAR intends to self-perform,
if any.
13.
WARRANTY
CMAR warrants to City that the construction, including all materials and equipment
furnished as part of the construction, shall be new unless otherwise specified in the
Specifications and Contract, of good quality, in conformance with the Specifications and
the other CMAR Contract and free of defects in materials and workmanship. CMAR’s
warranty obligation excludes defects caused by abuse, alterations or unreasonable failure
to maintain the construction by persons other than CMAR, Subcontractors or others under
CMAR control. Nothing in this warranty shall limit any manufacturer’s warranty which
provides City with greater warranty rights than set forth in herein or in the Contract.
CMAR will provide City with all manufacturers’ warranties and operation and
maintenance manuals upon substantial completion of the Work. CMAR’s warranty shall
be for one (1) year and will commence for all portions of the Work upon Final Acceptance
of the entire Work as determined by City under the Contract. All statutory or other
warranties, express or implied, related to latent defects will remain in force and are not
limited by this provision.
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14.
INSURANCE
14.1. Without limiting any of their obligations or liabilities, CMAR, at its own expense,
shall purchase and maintain the minimum insurance specified below with
companies duly licensed or otherwise approved by the State of Arizona,
Department of Insurance, and with forms reasonably satisfactory to City. Each
insurer shall have a current A.M. Best Company, Inc. rating of not less than A-VII.
Use of alternative insurers requires prior approval from City.
14.2. General Clauses.
14.2.1. Additional Insured. This insurance coverage, except for workers
compensation and professional liability coverage, required by this Contract,
shall name the City, its agents, representatives, directors, officials,
employees, and officers, as additional insureds, and shall specify that
insurance afforded the Contractor shall be primary insurance. This
provision and the naming of the City as an additional insured shall in no
way be construed as giving rise to responsibility or liability of the City for
applicable deductible amounts under such policy(s).
14.2.2. Coverage Term. All insurance required herein shall be maintained in full
force and effect until the services required to be performed under the terms
of this Contract are satisfactorily completed and formally accepted; failure
to do so may constitute a material breach of this Contract, at the sole
discretion of City.
14.2.3. Primary Coverage. CMAR’s insurance shall be primary insurance as
respects City and any insurance or self-insurance maintained by City shall
be in excess of CMAR’s insurance and shall not contribute to it.
14.2.4. Claim Reporting. CMAR shall not fail to comply with the claim reporting
provisions of the policies or cause any breach of a policy warranty that
would affect coverage afforded under the policy to protect City.
14.2.5. Waiver. The policies for workers’ compensation and general liability shall
contain a waiver of transfer rights of recovery (subrogation) against City,
its agents, representatives, directors, officers, and employees for any claims
arising out of the Work of CMAR.
14.2.6. Deductible/Retention. The policies may provide coverage which contain
deductibles or self-insured retentions. Such deductible or self-insured
retentions shall not be applicable with respect to the coverage provided to
City under such policies. CMAR shall be solely responsible for deductible
or self-insured retentions and City may require CMAR to secure the
payment of such deductible or self-insured retentions by a surety bond or
an irrevocable and unconditional letter of credit.
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14.2.7. Policies and Endorsements. City reserves the right to request and to receive,
within 14 Calendar Days, information on any or all of the above policies or
endorsements.
14.2.8. Certificates of Insurance. Prior to commencing services under this
Contract, CMAR shall furnish City with Certificates of Insurance or formal
endorsements as required by the Contract issued by CMAR’s insurer(s), as
evidence that policies providing the required coverages, conditions and
limits required by this Contract are in full force and effect. Such certificates
shall identify this Contract number and shall provide for not less than 30
Calendar Days advance written notice by certified mail of cancellation or
termination.
14.2.9. Subcontractors. CMAR shall include all Subcontractors as insured
under its policies or shall maintain separate certificates and
endorsements from each Subcontractor.
14.3. Workers’ Compensation.
14.3.1. CMAR shall carry workers’ compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of CMAR
employees engaged in the performance of the services and employer’s
liability insurance of not less than $100,000 for each accident, $100,000
disease coverage for each employee, and $500,000 disease policy limits.
14.3.2. In case services are subcontracted, CMAR will require the Subcontractor to
provide workers’ compensation and employer’s liability to at least the same
extent as provided by CMAR.
14.4. Automobile Liability.
CMAR shall carry commercial/business automobile liability insurance with a
combined single limit for bodily injury and property damages of not less than
$1,000,000, each occurrence, regarding any owned, hired and non-owned vehicles
assigned to or used in performance of CMAR’s services. Coverage will be at least
as broad as coverage Code 1 “any auto” (Insurance Service Office policy form CA
0001 1/87 or any replacements thereof). Such coverage shall include coverage for
loading and unloading hazards.
14.5. Commercial General Liability.
14.5.1. CMAR shall carry commercial general liability insurance with unimpaired
limit of not less than $1,000,000 for each claim with a $2,000,000 general
aggregate limit. The general aggregate limit shall apply separately to the
Services under this Contract or the general aggregate shall be twice the
required per claim limit. The policy shall be primary and include coverage
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for bodily injury including death, property damage, personal injury,
products, completed operations and blanket contractual covering, but not
limited to, the liability assumed under the indemnification provisions of this
Contract, which coverage shall be at least as broad as Insurance Service
Office policy form CG 0001 7/98 or any replacement thereof.
14.5.2. In the event the general liability insurance policy is written on a claims made
basis, coverage shall extend for two (2) years past Final Acceptance of the
services as evidenced by annual certificates of insurance.
14.5.3. Such policy shall contain a severability of interest provision (also known as
cross-liability and separation of insured).
14.6. Property Coverage. CMAR shall purchase and maintain, in a company or
companies lawfully authorized to do business in the jurisdiction in which the
Project is located, property insurance written on a builders risk “all-risk” or
equivalent policy form in the amount of the initial Contract sum, plus value of
subsequent Contract modifications and cost of materials supplied or installed by
others, comprising total value for the entire Project at the site on a replacement cost
basis. This insurance shall include interests of the City, the CMAR, Subcontractors
and its subcontractors in the Project, and shall include insurance against the perils
of fire and physical loss or damage including, without duplication of coverage,
theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm,
falsework, testing and startup, temporary buildings and debris removal, including
demolition occasioned by enforcement of any applicable legal requirements and
coverage for valuable papers.
City and CMAR waive all rights against each other and against all Subcontractors,
sub-Subcontractors, material Suppliers, and the Design Professional, for damages
caused by fire or other perils covered by Builder’s Risk or any other property
insurance, except such rights as they may have to the proceeds of such insurance.
Such insurance may be subject to an amount deductible from the sums otherwise
payable thereunder and the burden of such deduction shall be borne by the CMAR.
The Owner or CMAR, as appropriate, shall require of the Design Professional,
Design Professional’s consultants, separate contractors, if any, and the
Subcontractors, sub-Subcontractors, agents and employees of any of them, by
appropriate agreements, written where legally required for validity, similar waivers
each in favor of other parties enumerated herein.
14.7. Health Insurance Requirements.
14.7.1. All Contractors who enter into a Engineering and Transportation Contract
in excess of Thirty Thousand Dollars ($30,000.00) with City, after January
1, 2001, must certify that they have, and all of their major Subcontractors
will have, health insurance for all employees. Health insurance must be
offered to eligible dependents of all such employees. An affidavit must be
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signed in the form included herein (Exhibit 65.6). Major Subcontractors are
defined as entities doing Work in excess of Thirty Thousand Dollars
($30,000.00) as determined at the start of each Project. All required health
insurance must be maintained during the entire time of the Contract with
City.
14.7.2. Health insurance is required for all consultant and major Subcontractors
employees who work more than 120 days in any calendar year. A “work
day” consists of any time within a 24-hour period, regardless of number of
hours that the individual is paid. At this time, health insurance is not
required for temporary employees or students working part-time who are
enrolled in a recognized educational institution.
14.7.3. The health insurance requirements shall apply to all employees directly
involved with this Project including support and administrative personnel.
14.7.4. All complaints concerning violations of the health insurance requirements
shall be filed, in writing, with the Engineering and Transportation
Department, within 30 Calendar Days from discovery of the violation. An
administrative hearing will be held before the Engineering and
Transportation Director, and a written decision of findings will be provided
to the parties to the hearing within fourteen Calendar Days thereafter.
Appeal from the decision of the Engineering and Transportation Director
may be made within ten Calendar Days of the date of the decision by filing
a notice of appeal in writing with the Engineering and Transportation
Department. If an appeal is timely filed, an administrative hearing will be
held before an administrative hearing officer appointed by the City
Manager. The decision of the administrative hearing officer shall be final.
14.7.5. In the event of a finding of violation of the insurance provisions, the
company in violation of the provision shall be barred from bidding on, or
entering into, any Engineering and Transportation Contract with the City
for a period of three years from the execution of the Contract.
14.7.6. All Contractors subject to the health insurance requirements shall post, in
English, notice of the health insurance requirements at their office and at
the job site. Signs for posting will be provided by City at the pre-
construction conference for CMAR and sent with the executed Contract for
contractors.
14.7.7. Each insurance policy required by this Contract shall be endorsed to state
that the coverage shall not be suspended, voided, and/or canceled by either
party, reduced in coverage or in limits except after 30 Calendar Days prior
written notice by certified mail, return receipt requested, has been given to
the City.
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15.
BONDS
15.1. CMAR shall execute a bond for any and all Work or services performed hereto, in
accordance with A.R.S. § 34-221. Personal or individual bonds are not acceptable.
Bonding companies and liability and excess insurance carriers shall be “Best Rated
A-VII” or better as currently listed in the most recent “Best’s Key Rating Guide
(Property/Casualty)” published by the A.M. Best Company.
15.2. Each such bond shall be executed by a surety company or companies duly licensed
to do business in the State of Arizona. The bonds shall 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 and the bonds shall
have attached thereto a certified copy of power of attorney of the signing official.
15.3. Prior to execution of the Contract, CMAR shall provide a performance bond and a
payment bond, each in an amount equal to the full amount (100%) of the Contract
amount. Each bond shall meet the requirements of Arizona Revised Statutes.
16.
MEASUREMENTS AND PAYMENTS
16.1. Contract Price Adjustments. The increase or decrease in Contract price resulting
from a change in City requested change in Work shall be determined by one or
more of the following methods:
16.1.1. Unit prices set forth in the Contract or as subsequently agreed to between
the parties;
16.1.2. A mutually accepted, lump sum, properly itemized and supported by
sufficient substantiating Data to permit evaluation by City; and
16.1.3. Costs, fees, and any other markups.
16.2. The markups that shall be allowed on such changes shall be no greater than the
markups delineated in the approved GMP as shown on Exhibit “A”.
16.3. If an increase or decrease cannot be agreed to as set forth in items 16.1.1 through
16.1.3, above, and City issues a change order, the cost of the change of the Work
shall be determined by the reasonable expense and savings in the performance of
the Work resulting from the change, including a reasonable overhead and profit, as
may be set forth in the Contract. CMAR shall maintain a documented, itemized
accounting evidencing the expenses and savings associated with such changes.
16.4. If unit prices are set forth in the Contract or are subsequently agreed to by the
parties, but application of such unit prices will cause substantial inequity to City or
CMAR because of differences in the character or quantity of such unit items as
originally contemplated, such unit prices shall be adjusted, in City’s discretion.
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16.5. If City and CMAR disagree upon whether CMAR is entitled to be paid for any
services required by City, or if there are any other disagreements over the scope of
Work or proposed changes to the Work, City and CMAR shall resolve the
disagreement pursuant to MAG Specification 110.
16.6. As part of the negotiation process, CMAR shall furnish City with a good faith
estimate of the costs to perform the disputed services in accordance with City’s
interpretations.
16.7. If the parties are unable to agree and City expects CMAR to perform the services
in accordance with City’s interpretations, CMAR shall proceed to perform the
disputed services, conditioned upon City issuing a written order to CMAR (i)
directing CMAR to proceed and (ii) specifying City’s interpretation of the services
that are to be performed.
17.
RECORD KEEPING AND FINANCE CONTROLS
17.1. Records of CMAR’s direct personnel payroll, reimbursable expenses pertaining to
this Project and records of accounts between the City and CMAR shall be kept on
a generally accepted accounting basis.
17.2. City, its authorized representative, and/or the appropriate federal agency, reserve(s)
the right to audit CMAR’s records to verify the accuracy and appropriateness of all
pricing Data, including Data used to negotiate Contract and any change orders.
17.3. City reserves the right to decrease Contract price and/or payments made on this
Contract if, upon audit of CMAR’s records, the audit discloses CMAR has provided
false, misleading, or inaccurate cost and pricing Data.
17.4. CMAR shall include a similar provision in all of its contracts with sub-consultants
and Subcontractors providing services under the Contract to ensure City, its
authorized representative, and/or the appropriate federal agency, has/have access to
the sub-consultants’ and Subcontractors’ records to verify the accuracy of cost and
pricing Data.
17.5. City reserves the right to decrease Contract Price and/or payments made on this
Contract if the above provision is not included in sub-consultant’s and
Subcontractor’s contracts, and one or more sub-consultants and/or Subcontractors
do not allow City to audit it’s records to verify the accuracy and appropriateness of
pricing Data.
18.
MISCELLANEOUS REMOVAL AND RELOCATIONS
Miscellaneous removals and relocations shall be construed to mean the removal of all
unsuitable materials whether designated or implied by the Plans and Specifications, and
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shall include but not be limited to the removal of such items as pipes, concrete, asphalt,
block, brick, rock, metal, and other comparable items of every nature and description,
unless such items are specifically designated in a separate bid item. Also, certain items
require temporary removal and reinstallation such as mailbox stands, signposts, survey
monument frames and covers, and other comparable items, and are included in this
category.
19.
APPROXIMATE QUANTITIES
19.1. It is expressly understood and agreed by the parties hereto that the quantities of the
various classes of Work to be done and material to be furnished under this Contract,
which have been estimated, as stated in the Proposal, are only approximate and are
to be used solely for the purpose of comparing, on a consistent basis, the proposals
offered for the Work under this Contract. CMAR further agrees that City will not
be held responsible if any claim for damages or for loss of profits is made due to a
difference between the quantities of the various classes of Work herein estimated
and the Work actually performed.
19.2. If any error, omission, or misstatement is found to occur in the estimated quantities,
the same shall not invalidate this Contract or release CMAR from the execution and
completion of the whole or any part of the Work in accordance with the Plans and
Specifications herein mentioned, and for the prices herein agreed upon and fixed
therefore, or excuse CMAR from any of the obligations or liabilities hereunder, or
entitle CMAR to any damages or compensation except as may be provided for in
this Contract.
20.
MISCELLANEOUS WORK AND ALLOWANCES
20.1. Unless previously approved by the City in writing, the following items are
considered to be included in the Work and CMAR’s Compensation as set forth
herein, with no direct or additional payment allowed. Payment for the following
shall be included in the payment for other items for which direct payment is made.
20.1.1. CMAR’s expenses for, but not limited to: mobilization, job site office,
storage facilities, traffic control and public safety devices, sanitary
facilities, utilities and telephone.
20.1.2. Cleanup including day-to-day cleanup.
20.1.3. Notification to residents adjacent to this Project prior to start of
construction which would affect them.
20.1.4. Water required for compaction or dust control.
20.1.5. Miscellaneous removals and relocations not otherwise specified in the
technical specifications.
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20.1.6. Power pole bracing.
20.1.7. Removal of trees twelve inches (12”) or less in diameter.
20.1.8. Removal, relocation and/or modification of existing walls and fences.
20.1.9. Trimming of trees and bushes.
20.1.10. Replacement of plant material and repair of irrigation equipment to meet
or exceed conditions existing prior to CMAR beginning Work.
21.
SPECIAL TERMS AND CONDITIONS
21.1. Permits.
Except as otherwise provided in the Contract documents, it is the duty of CMAR to
procure all its own permits and licenses necessary for the Project. CMAR shall
assist the City with obtaining any necessary permits. Should the CMAR purchase
the necessary permits, the reimbursement will be at cost with no mark-up. There
will be no charge to CMAR for any necessary City permits and inspections. CMAR
shall abide by all stipulations of all license and permits issued for this Project.
21.2. Key Contacts.
Blue Stake
602-263-1100
21.3. Uniformed Police Officers.
During the course of construction, City may require a uniformed police officer
present to facilitate traffic control per the Tempe Barricade Manual and the Traffic
Engineer’s direction.
21.4. Open Trenching and Steel Plates.
The maximum amount of open trench in any state of trenching or backfilling shall
be limited to five hundred feet (500’). All trenches shall be completely backfilled
or covered using steel plates at the end of each working day. The use of steel plates
shall not exceed seventy-two (72) hours between completion of Work in trench and
final patch. Steel plates are to be installed according to Detail T-450 of the Tempe
Supplement to the MAG Details. All steel plates installed will be recessed into the
existing pavement by milling until the top of the plate is flush with the top of the
pavement.
21.5. Confidentiality of Plans and Specifications.
21.5.1. Any Plans or Specifications CMAR receives regarding this Project are for
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official use only. CMAR may not share them with others except as required
to fulfill the obligations of its Contract with City.
21.5.2. All record documents, Shop Drawings and other plans or drawings prepared
or submitted by CMAR shall include the following language: “Per City of
Tempe Guidelines, these Plans are official use only and may not be shared
with others except as required to fulfill the obligations of CMAR’s Contract
with the City of Tempe”.
21.6. Irrigation and Landscape Repair.
CMAR shall repair all sprinkler and irrigation systems that are disturbed in the
course of the Work. There will be no separate payment for irrigation and landscape
repair, the cost of which will be incidental to other bid items. It is highly
recommended that CMAR meet with owner(s) of irrigation systems prior to
construction and note existing operating systems to minimize impact and repair
costs.
21.7. Sequence of Construction.
CMAR shall submit a Project sequencing schedule to the Engineer for review at
the pre-construction conference. CMAR is on notice that City will review the
proposed schedule to insure limited community impact.
21.8. Coordination with Other Contractors.
21.8.1. Other projects located on or near the site of Work may be under construction
during the Contract period. Coordination between contractors may be
required.
21.8.2. Should CMAR cause damage to the Work or property of any separate
contractor at the site or should any claim arising out of or resulting from
CMAR’s performance of the Work at the site be made by any separate
contractor against CMAR, Design Professional, or Construction Manager
Professional or any other person, CMAR shall promptly attempt to settle
with such other contractor by agreement, or to otherwise resolve the dispute
by mediation, arbitration, or at law.
21.8.3. CMAR shall, to the fullest extent permitted by laws and regulations,
indemnify and hold City, Design Professional and Construction Manager
Professional and the officers, directors, employees, agents and other
consultants of each and any of them harmless from and against all claims,
costs, losses and damages, (including, but not limited to, all fees and charges
of engineers, architects, attorneys and other professionals, and all court
arbitration or other dispute resolution costs) arising directly, from any
action, legal or equitable, brought by a separate contractor against City,
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Design Professional or Construction Manager Professional of the officers,
directors, employees, agents or other consultants of each and any of them to
the extent based on a claim to the extent caused by CMAR’s performance of
the Work.
21.8.4. Should a separate contractor cause damage to the Work or property of
CMAR or should the performance of Work by any separate contractor at
the site give rise to any other claim, CMAR shall not institute any action,
legal or equitable against City, Design Professional, or Construction
Manager Professional or the officers, directors, employees, agents, or other
consultants of each and any of them or permit any action against any of
them to be maintained and continued in its name or for its benefit in any
court or before any mediator or arbitrator which seeks to impose liability on
or to recover damages from City, Design Professional, or Construction
Manager Professional or the officers, directors, employees, agents, or other
consultants of each and any of them on account of such damage or claim.
21.8.5. If CMAR is delayed at any time in performing or furnishing Work by any
act or neglect of a separate contractor and City and CMAR are unable to
agree as to the extent of any adjustment in completion time attributed
thereto, CMAR may make a claim for an extension of time. An extension
of the completion time shall be CMAR’s exclusive remedy with respect to
City, Design Professional, or Construction Manager Professional or the
officers, directors, employees, agents, or other consultants of each and any
of them for activities that are its respective responsibilities.
21.8.6. Cooperation between contractors shall be in accordance with MAG
Specification 105.7.
21.9. Secure Facility Access: Contracts that call for work to be done in any of the City’s
secure facilities are subject to the City’s Engineering Secure Facilities Access
Guidelines, which are incorporated herein by reference.
22.
CORRECTION OF DEFECTIVE WORK
22.1. If any portion of the Work is covered over contrary to the request of City or as
required by the Contract or the applicable building standards, it must be uncovered
for observation at CMAR’s expense if requested by City in writing.
22.2. If any portion of the Work, other than those portions required to be inspected or
observed by City or others, prior to being covered, has been covered over, City may
request that it be uncovered for inspection or observation, as applicable. If such
portion is found to be in accordance with the requirements of the Specifications and
other Contract, the cost of uncovering it shall be charged to the City as a change
order. If such portion is found not to be in accordance with the requirements of the
Specifications and other CMAR Contract, CMAR shall bear such costs.
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22.3. CMAR agrees to promptly correct any Work that is found not to be in conformance
with the Specifications and other CMAR Contract, whether previously inspected or
observed by City’s representatives or not unless a specific written waiver of such
nonconformance has been provided to CMAR by City. This obligation shall
continue for a period of one (1) year from the date of Final Acceptance of the entire
Work. Nothing in this Section 22 shall waive any rights that City may have under
Arizona law or under Section 13 herein.
22.4. CMAR, upon receipt of written notice from City that the Work is not in
conformance with the Specifications or other Contract provisions, shall, within
seven Calendar Days (except in the case of an emergency or item on the schedule
critical path, which will require immediate response) commence correction of such
nonconforming Work, including, without limitation, the other parts of the Work
affected by the nonconforming Work. If CMAR fails to commence the necessary
steps within seven Calendar Days, City, in addition to any other remedies provided
under the Contract, may at the end of the seven Calendar Day period provide
CMAR with notice that City will commence to correct such nonconforming Work
with its own or other forces. CMAR shall be responsible for all costs and expenses
that City incurs in remedying any Work not in conformance with the Specifications
or the other Contract, including, without limitation, at the City’s sole discretion any
of City’s own staff time costs and all fees incurred by City. City will notify CMAR
of its intent to make such corrections at or before the commencement of the
corrective Work.
22.5. The one-year warranty period referenced in Section 13 applies only to CMAR’s
obligation to correct Work not in conformance with the Contract and shall not
constitute a period of limitations with respect to any other rights or remedies the
City may have with respect to CMAR’s other obligations under the Contract or
under applicable law.
23.
WITHHOLDING PAYMENT
City may withhold payment from any Progress Payment Application to the extent
necessary to protect City from loss because of:
23.1. Unsatisfactory job progress as determined by City;
23.2. Disputed Work or materials;
23.3. Defective Work not remedied;
23.4. Claims or other encumbrances filed or reasonable evidence indicating probable
filing of claims or other encumbrances by Subcontractors;
23.5. Failure of CMAR to make payment to any Subcontractors within seven Calendar
Days after receipt of each progress payment;
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23.6. CMAR’s failure to perform any of its contractual obligations under the Contract or
any other agreement with City;
23.7. Deficiencies or claims asserted by City against CMAR arising from any other
project;
23.8. Damage to City or a separate CMAR caused by the fault or neglect of CMAR or
any Subcontractor to the extent not covered by insurance;
23.9. Reasonable evidence that the entire Work or portion of the Work that City has
agreed to accept separately will not be substantially complete within the Contract
time(s) due to delay for which CMAR is responsible, or that the unpaid balance of
the Guaranteed Maximum Price will not be adequate to cover completion of the
entire Work and liquidated damages for any anticipated unexcused delay for which
CMAR is responsible; or
23.10. Any other reason which in City’s reasonable judgment disqualified CMAR from
receiving the full amount of the application for payment.
23.11. City, pursuant to and in accordance with A.R.S. § 34-601 et seq., reserves the right
to withhold funds from the CMAR’s progress payments up to the amount equal to
resolve claims City may have against CMAR, until such time as the settlement on
those claims is reached.
If the above basis for withholding payment is remedied, payment shall be made within
fourteen Calendar Days for amounts previously withheld. Prior to any withholding
pursuant to this section, City shall meet with CMAR to discuss potential withholding and
attempt in good faith to resolve such issue without the need for withholding.
24.
TERMINATION
24.1. In addition to MAG Specifications 108.11 and A.R.S. § 38-511, City, at its sole
discretion, may terminate this Contract for convenience or abandon any portion of
the Project for which services have not been performed by the CMAR.
24.2. In the event of such termination or abandonment, City will so notify the CMAR in
writing, and the CMAR will immediately after receiving such notice discontinue
advancing the Work specified under this Contract and mitigate the expenditure, if
any, of costs resulting from such abandonment or termination. The CMAR shall
deliver to City all Drawings, special provisions, field survey notes, reports,
estimates, and any and all other documents or Work product generated by the
CMAR under the Contract, entirely or partially completed, together with all unused
materials supplied by City.
24.3. If City terminates or abandons the Contract due to no fault of the Contractor, the
CMAR will receive compensation in full for services satisfactorily performed to
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the date of such termination. The fee will be paid in accordance with Section 4 of
this Contract. However, in no event will the fee exceed that set forth in Section 4
or as amended in accordance with Paragraph 31, “Alteration in Character of Work”.
City shall make final payment within 60 Calendar Days after the CMAR has
delivered the last of the completed items and City has approved and determined the
final fee.
25.
PROJECT DOCUMENTS AND COPYRIGHTS
25.1. City Ownership of Project Documents. All Work products (electronically or
manually generated) prepared in the performance of this Contract including but not
limited to, plans, drawings, specifications, cost estimates, tracings, studies, design,
analysis, CADD files and related products, are the property of City and are to be
delivered to City before the final payment is made to CMAR. Only if previously
approved in writing by City, CMAR may retain originals and supply City with
reproducible copies of the Work.
25.2. Documents to Bear Seal. When applicable and as required by law, CMAR and its
Subcontractors will endorse by professional seal all plans, works, and Deliverables
prepared by them for this Contract.
26.
CONFLICT OF INTEREST
26.1. CMAR agrees to disclose any financial or economic interest in the Project property,
or any property affected by the Project, existing prior to the execution of this
Contract. Further, CMAR agrees to disclose any financial or economic interest
with the Project property, or any property affected by the Project, if CMAR gains
such interest during the course of this Contract. Only if previously approved in
writing by City, CMAR may retain originals and supply City with reproducible
mylar copies of the Work.
26.2. If CMAR gains financial or economic interest in the Project during the course of
this Contract, this may be grounds for terminating this Contract at the sole
discretion of City.
26.3. CMAR shall not engage the services on this Contract of any present or former City
employee who was involved as a decision maker in the selection or approval
processes, or who negotiated or approved billings or Contract modifications for this
Contract.
26.4. To evaluate and avoid potential conflicts of interest, CMAR will provide written
notice to the City, as set forth in this section, of any Work or services performed by
CMAR for third parties that may involve or be associated with any real property or
personal property owned or leased by City.
26.5. Actions considered to be adverse to City under this Contract include but are not
limited to:
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26.5.1. Using Data as defined in the Contract, acquired in connection with this
Contract, to assist a third party pursuing administrative or judicial action
against City.
26.5.2. Testifying or providing evidence on behalf of any person in connection with
an administrative or judicial action against City.
26.5.3. Using Data to produce income for CMAR or its employees independently
of performing the services under this Contract, without the prior written
consent of City.
26.6. CMAR represents that except for those persons, entities and Projects previously
identified in writing to City, the services to be performed by CMAR under this
Contract are not expected to create an interest with any person, entity or third-party
Project that is or may be adverse to the interests of the City.
26.7. CMAR’s failure to provide a written notice and disclosure of the information as set
forth in this section will constitute a material breach of this Contract.
27.
COVENANT AGAINST CONTINGENT FEES
CMAR affirms that it has not employed or retained any company or person, other than a
bona fide employee working for CMAR, to solicit or secure this Contract, and that it has
not paid or agreed to pay any company or person, other than a bona fide employee, any
fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon
or resulting from the award or making of the Contract. For breach or violation of this
clause, City shall terminate this Contract or in its discretion may deduct from the Contract
price or otherwise recover, the full amount of such fee, commission, percentage brokerage
fee, gift or contingent fee from CMAR.
28.
INDEMNIFICATION
To the fullest extent permitted by law, CMAR shall indemnify and hold harmless City, its
officers, and its employees, from liabilities, damages, losses, and costs, including
reasonable attorney fees and court costs, to the extent caused by the negligence,
recklessness or intentional wrongful conduct of CMAR, its subcontractors, design
professionals, or other persons employed or used by CMAR in the performance of the
contract or subcontract. Nothing in this section shall prohibit the requirement of insurance
coverage that complies with this section, including the designation of any person as an
additional insured on a general liability insurance policy or as a designated insured on an
automobile liability policy. The amount and type of insurance coverage requirement set
forth herein will in no way be construed as limiting the scope of the indemnity in this
paragraph.
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29.
DISPUTE RESOLUTION
In the event of a dispute between the parties to this Contract regarding any provision of
this Contract, a party’s performance of its obligations as stated in this Contract or any other
matter governed by the terms of this Contract, the parties will meet in good faith to attempt
to resolve the dispute. If the parties fail to resolve the dispute, then the City may pursue
any and all remedies provided by law or in equity. The exercise of any one of City’s
remedies shall not preclude subsequent or concurrent exercise of further or additional
remedies.
30.
ADDITIONAL SERVICES
Additional services which are outside the scope of basic services contained in this Contract
shall not be performed by CMAR without prior written authorization from City. Additional
services, when authorized by an agreement or an amendment to this Contract shall be
compensated for by a fee mutually agreed upon between City and CMAR.
31.
ALTERATION IN CHARACTER OF WORK
In the event an alteration or modification in the character of Work or Deliverable results in
a substantial change in this Contract, thereby materially increasing or decreasing the scope
of services, costs of performance or Project schedule, the Work or Deliverable will
nonetheless be performed as directed by City. However, before any altered or modified
Work begins, a Change Order or Amendment must be approved and executed by the City,
and executed by CMAR. Such Change Order or Amendment will not be effective unless
approved by the City. Additions to, modifications or deletions from the Project provided
herein may be made, and the compensation to be paid to CMAR may be adjusted
accordingly solely at the discretion of City. No claim for extra Work done or materials
furnished by CMAR will be allowed by City except as provided herein, nor will CMAR
do any Work or furnish any material(s) not covered by this Contract unless such Work or
material is previously authorized in writing by City. Work or material(s) furnished by
CMAR without such prior written authorization shall be at CMAR’s sole jeopardy, cost
and expense, and CMAR hereby agrees that without prior written authorization no claim
for compensation for such Work or materials furnished will be made.
32.
SUCCESSORS AND ASSIGNS
This Contract shall not be assignable except by the prior written approval of City, and it
shall extend to and be binding upon the heirs, executors, administrators, successors and
assigns of the parties hereto.
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33.
COMPLETENESS AND ACCURACY OF CMAR’S WORK
CMAR is solely responsible for the completeness and accuracy of all reviews, reports,
supporting Data and other design phase Deliverables prepared or compiled pursuant to its
obligations under this Contract, and will at its sole expense correct its Work or
Deliverables. Acceptance or approval of CMAR’s Work or Deliverables by the City does
not relieve or diminish CMAR’s responsibilities under the Contract nor does this
requirement to correct the Work or Deliverable constitute a waiver of any claims or
damages otherwise available by law or in equity to City.
34.
DISSEMINATION OF DATA
34.1. The parties agree that all Data, including originals, images and reproductions
prepared by, obtained by or transmitted to CMAR in connection with CMAR’s
performance of this Contract is the sole property of City.
34.2. CMAR shall not divulge Data to any third party without prior written consent of
City. CMAR will not use the Data for any purposes except to perform the services
required under this Contract. However, these prohibitions do not apply to the
following Data, provided CMAR first provides the required notice to City:
34.2.1. Data which was known to CMAR prior to its performance under this
Contract unless such Data was acquired in connection with Work performed
for City;
34.2.2. Data which was acquired by CMAR in its performance under this Contract
and which was disclosed to CMAR by a third party, who to the best of
CMAR’s knowledge and belief had the legal right to make such disclosure
and CMAR is not otherwise required to hold such Data in confidence; or
34.2.3. Data which is required to be disclosed by CMAR by law, regulation or court
order.
34.3. In the event a third party requires or requests CMAR to disclose Data or any other
information to which CMAR became privy as a result of any other Contract with
City, CMAR will first notify City as set forth in this section of the request or
demand for such Data. CMAR will timely give City sufficient facts such that City
has a meaningful opportunity to either first give its consent or take such action that
City may deem appropriate to protect such Data from disclosure.
34.4. CMAR, unless prohibited by law, within 14 Calendar Days after completion of
services for a third party on real or personal property owned or leased by City, will
promptly deliver, as set forth in this section, a copy of all work products and Data
to the City. All Data will continue to be subject to the provisions of this section.
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34.5. CMAR assumes all liability for maintaining the Data in its possession and agrees
to compensate and indemnify City if any of the provisions of this section are
violated by CMAR, its employees, agents, authorized assigns, subconsultants or
Subcontractors. A breach of this section shall be deemed to cause irreparable harm
to City that justifies injunctive relief.
34.6. GIS Data Disclaimer. CMAR UNDERSTANDS THE CITY OF TEMPE DOES
NOT WARRANT THE ACCURACY, COMPLETENESS, CONDITION,
SUITABILITY, PERFORMANCE, OR CURRENCY OF THE GIS DATA
PROVIDED UNDER THIS CONTRACT. AREAS DEPICTED BY GIS DATA
ARE APPROXIMATE, AND NOT GUARANTEED TO BE ACCURATE TO
STANDARDS FOR MAPPING, SURVEYING OR ENGINEERING. THIS
DATA IS FOR ILLUSTRATIVE PURPOSES ONLY AND SHOULD NOT BE
RELIED UPON FOR SITE-SPECIFIC PURPOSES. THE DATA HEREIN IS
SUBJECT TO CONSTANT CHANGE AND MAY NOT BE COMPLETE,
ACCURATE OR UP-TO-DATE. THE CITY OF TEMPE IN NO WAY
ASSUMES LIABILITY OR RESPONSIBILITY FOR ANY INCORRECT DATA
OR
ANY
INFORMATION
PROVIDED HEREIN.
THE
CMAR
ACKNOWLEDGES AND AGREES THAT THE CITY OF TEMPE ASSUMES
NO LIABILITY FOR DAMAGES INCURRED DIRECTLY OR INDIRECTLY
RESULTING
FROM
INCOMPLETE,
INCORRECT
OR
MISSING
INFORMATION; INCLUDING ANY DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES, HOWEVER CAUSED OR UNDER ANY
THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, STRICT
LIABILITY OR OTHERWISE. BY WAY OF THE SIGNATURE ON THIS
CONTRACT, THE CMAR ASSUMES ALL LIABILITY FOR ANY AND
ALL DEPENDENCE AND/OR RELIANCE UPON THIS INFORMATION
AND ASSUMES ALL RESPONSIBILITY RELATING THERETO. ANY
AND ALL EXPRESSED OR IMPLIED WARRANTIES, INCLUDING BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PURPOSE ARE SPECIFICALLY AND EXPRESSLY
DISCLAIMED. CMAR SHOULD NOT RELY UPON THE GIS DATA
WITHOUT PROPER FIELD VERIFICATION FOR ANY PURPOSE.
35.
PROJECT STAFFING
CMAR will maintain an adequate number of competent and qualified persons, to ensure
acceptable and timely completion of the scope of Services described in this Contract
throughout the period of those services. If City objects, with reasonable cause, to any of
CMAR’s staff, CMAR will take prompt corrective action and, if required, remove such
personnel from the Project and replace with other personnel.
36.
INDEPENDENT CONTRACTOR
CMAR is and shall be an independent contractor and whatever measure of control City
exercises over the Work or Deliverable pursuant to the Contract will be as to the results of
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the Work only. No provision in this Contract will give or be construed as establishing an
employer/employee relationship, partnership or joint venture, between City and CMAR, or
cause City to be responsible in any way for the debts or obligations of CMAR. CMAR is
to comply with all applicable laws and ordinances pertaining thereto.
37.
SUBCONTRACTORS
Prior to beginning any Work or Deliverables, CMAR will furnish to City the names of all
Subcontractors to be used on this Project by completing Exhibit 65.1. This provision shall
in no way be deemed to diminish CMAR’s responsibility for Subcontractor or impose
liability upon City for the contracting with any Subcontractor.
38.
LABOR
CMAR agrees and covenants to use only licensed Subcontractors in the making and/or
installation of any and all repairs, alterations, improvements or other Work of CMAR on
the Project. CMAR shall be liable to City for any losses and liabilities associated with any
violation of this provision, and the Contract shall immediately be terminated upon any
violation hereof by CMAR.
39.
RECORDS/AUDIT
39.1
Records of CMAR’s direct personnel payroll and reimbursable expenses pertaining
to this Project and records of accounts between City and CMARA will be kept
following generally accepted accounting principles, for a period of five years after
completion of the Contract. City, its authorized representative and or the
appropriate federal agency, reserve the right to audit CMR’s records to verify the
accuracy and appropriateness of all pricing Data, including Data used to negotiate
this Contract and any attendant Change Orders, for a period of five years after
completion of this Contract. City reserves the right to decrease Contract amount
and or payments made on this Contract if, inter alia, upon audit of CMAR’s
records, the audit discloses that CMAR has provided false, misleading, or
inaccurate cost and or pricing Data.
39.2
CMAR will include a provision in all of its agreements with sub-consultants,
Subcontractors and Suppliers providing services under this Contract to ensure City,
its authorized representative and/or the appropriate governmental agency, has
access to the sub-consultants’, Subcontractors’ and Suppliers’ records. City
reserves the right to decrease Contract amount and/or payments made on this
Contract if the above provision is not included in sub-consultant, Subcontractor and
Supplier contracts and one or more of those parties do not allow City to audit their
records to verify the accuracy and appropriateness of pricing Data.
40.
NOTICES
Unless otherwise provided herein, notices and/or demands under this Contract shall be in
writing and will be deemed to have been duly given and received either (a) on the date of
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service if personally served on the party to whom notice is to be given, or (b) on the third
day after the date of the postmark of deposit by first class United States mail, registered or
certified, postage prepaid, and properly addressed as follows:
To City:
Julian Dresang, P.E.
Deputy Engineering and Transportation Director/
City Engineer
City of Tempe Engineering and Transportation
Engineering Division
31 E. 5th Street, MailStop 01-8
Tempe, Arizona 85281
To CMAR:
(Printed Name of Signatory)
Haydon Building Corp.
4640 E. Cotton Gin Loop
Phoenix, Arizona 85040
41.
COMPLIANCE WITH STATE AND FEDERAL LAWS
41.1. Lawful Presence in the United States. Pursuant to A.R.S. §1-502, any
individual/sole proprietor who applies for local public benefits by signing this
Contract shall also sign a sworn affidavit (Exhibit 65.8) and present one of the
documents listed on the affidavit to verify lawful presence in the United States.
This Contract shall not be fully executed by the City if the individual/sole proprietor
fails to sign the affidavit and present one of the listed documents.
41.2. Specially Designated Nationals and Blocked Persons List. CMAR represents and
warrants to City that neither CMAR nor any affiliate or representative of CMAR
(i) is listed on the Specially Designated Nationals and Blocked Persons List
maintained by the Office of Foreign Asset Control, Department of the Treasury
(OFAC) pursuant to Executive Order No. 13224, 66 Fed. Reg. 49079 (“Order”);
(ii) is listed on any other list of terrorists or terrorist organizations maintained
pursuant to the Order, the rules and regulations of OFAC or any other applicable
requirements contained in any enabling legislation or other related Order(s); (iii) is
engaged in activities prohibited in the Order; or (iv) has been convicted, pleaded
nolo contendre, indicted, arraigned or custodially detained on charges involving
money laundering or predicate crimes to money laundering.
41.3. Antidiscrimination. CMAR shall not refuse to hire or employ or bar or discharge
from employment any person, or discriminate against such person in compensation,
conditions, or privileges of employment because of race, color, gender, gender
identity, sexual orientation, religion, national origin, familial status, age, disability,
or United States military veteran status. CMAR shall provide a copy of its
antidiscrimination policy to City to confirm compliance with this requirement or
attest in writing to compliance based upon the criteria outlined in Exhibit 65.9.
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41.4. Employment Laws. CMAR agrees and covenants that it will comply with any and
all applicable governmental restrictions, regulations and rules of duly constituted
authorities having jurisdiction insofar as the performance of the Work and services
pursuant to the Contract, and all applicable safety and employment laws, rules and
regulations, including but not limited to, the Fair Labor Standards Act, the Walsh-
Healey Act, and the Arizona Fair and Legal Employment Act, and any amendments
thereto, along with all attendant laws, rules and regulations. CMAR acknowledges
that a breach of this warranty is a material breach of this Contract and CMAR is
subject to penalties for violation(s) of this provision, including termination of this
Contract. City retains the right to inspect the documents of any and all contractors,
Subcontractors and sub-subcontractors performing work and/or services relating to
the Contract to ensure compliance with this warranty. Any and all costs associated
with City inspection are the sole responsibility of CMAR. CMAR hereby agrees
to indemnify, defend and hold City harmless for, from and against all losses and
liabilities arising from any and all violations thereof.
41.5. Equal Opportunity. City is an equal opportunity, affirmative action employer. CMAR
hereby covenants that it shall not discriminate unlawfully against any employee or
applicant for employment, nor shall it deny the benefits of this Contract, to any person
on the basis of race, color, national origin, physical or mental disability, age, gender
or veteran status. CMAR covenants and agrees that it will comply in all respects with
the applicable provisions of the Executive Order 11246, Title VII of the Civil Rights
Act of 1964, the Americans with Disabilities Act, the Age Discrimination in
Employment Act, the Vietnam Era Veterans’ Readjustment Assistance Act, the
Rehabilitation Act, and any other applicable state and federal statutes governing equal
opportunity. CMAR agrees to post hereinafter in conspicuous places, available for
employees and applicants for employment, notices to be provided by the
contracting officer setting for the provisions of this clause.
41.6. Boycott. CMAR certifies that it is not currently engaged in, and agrees for the
duration of this Contract/Agreement that it will not engage in, a boycott of Israel, as
that term is defined in A.R.S. § 35-393.
41.7. Compliance with Ariz. Rev. Stat. § 35-394. Contractor hereby certifies that it does
not currently, and agrees for the duration of this Agreement, that Contractor will
not, use: 1. The forced labor of ethnic Uyghurs in the People’s Republic of China;
2. Any goods or services produced by the forced labor of ethnic Uyghurs in the
People’s Republic of China; or 3. 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. Contractor hereby agrees to indemnify
and hold harmless the City, its officials, employees, and agents from any claims or
causes of action relating to the City’s action based upon reliance upon this
representation, including the payment of all costs and attorney fees incurred by the
City in defending such as action.
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41.8. Burial and Cultural Discoveries. Personnel working on projects involving ground-
disturbing activity are required to comply with the Salt River Pima-Maricopa Indian
Community (SRPMIC) Statement on Burials and Cultural Resource Discoveries
(the “Statement”), a copy of which can be obtained from the City of Tempe
Historical Preservation Office upon request at 480-350-8870. To comply with the
Statement, Contractor and its’ agents are prohibited from publicly releasing
information about archeological findings or recording (through photos, video, or
other imaging) archaeological resources, including human remains, funerary
objects, or other discoveries.
CMAR further agrees to include the provisions of this section in any and all subcontracts
hereunder. Any violation of such provisions shall constitute a material breach of this
Contract.
42.
CONTRACTOR’S LICENSE AND FEDERAL EMPLOYER I.D. NUMBER
Prior to award of the Contract, CMAR must provide to the City’s Engineering and
Transportation Department / Engineering Division, its Contractor’s license classification
and number its Federal Employer I.D. number/ Tax Payer I.D. Number.
43.
FORCE MAJEURE
If either party is delayed or prevented from the performance of any service, in whole or
part, required under this Contract by reason of acts of God or other cause beyond the control
and without fault of that party, financial inability excepted, performance of that act may be
excused at City’s discretion, but only for the period of the delay. The time for performance
of the act will be extended for a period equivalent to the period of delay.
44.
NON-WAIVER PROVISION
The failure of either party to enforce any of the provisions of this Contract or to require
performance by the other party of any of the provisions of this Contract shall not be
construed as a waiver of such provisions nor will it affect the validity of this Contract or
any part thereof or the right of either party to thereafter enforce each and every provision.
45.
JURISDICTION
This Contract is 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. An action to enforce any provision of this Contract or to obtain any remedy with
respect hereto will 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.
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46.
ATTORNEYS’ FEES AND COSTS
In the event of any legal action or proceeding arising out of this Contract, the prevailing
party shall be entitled to recover its reasonable attorney’s fees and costs incurred in such
legal action or proceeding, and such fees and costs shall be included in any judgment
rendered as determined by the Court. In addition, if any person should institute a claim or
action against CMAR in which City is made a party defendant, CMAR shall indemnify,
defend and hold City harmless for, from and against all liability by reason thereof,
including reasonable attorney’s fees and all costs incurred by City in such action.
47.
SURVIVAL
All warranties, representations and indemnifications by CMAR will survive the completion
or termination of this Contract.
48.
MODIFICATION
No supplement, modification or amendment of any term of this Contract will be deemed
binding or effective unless in writing and signed by the parties hereto and in conformation
with provisions of this Contract except as expressly provided herein to the contrary.
49.
SEVERABILITY
If any provision of this Contract or the application thereof to any person or circumstance
is held invalid, illegal or unenforceable to any extent, the remainder of this Contract and
the application thereof will not be affected and will be enforceable to the fullest extent
permitted by law.
50.
INTEGRATION
This Contract contains the full agreement of the parties hereto. Any prior or
contemporaneous written or oral agreement between the parties regarding the subject
matter hereof is merged and superseded hereby.
51.
TIME IS OF THE ESSENCE
Time of each of the terms, covenants and conditions of this Contract is hereby expressly
made of the essence.
52.
THIRD PARTY BENEFICIARY
This Contract will not be construed to give any rights or benefits in the Contract to anyone
other than City and CMAR. All duties and responsibilities undertaken pursuant to this
Contract will be for the sole and exclusive benefit of City and CMAR and not for the benefit
of any other party.
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53.
COOPERATION AND FURTHER DOCUMENTATION
CMAR agrees to provide City such other duly executed documents as may be reasonably
requested by City to implement the intent of this Contract.
54.
EXHIBITS
The parties agree that all references to this Contract include all exhibits designated in and
attached to this Contract, such exhibits being incorporated into and made an integral part
of this Contract for all purposes.
55.
CONFLICT IN LANGUAGE
All Work and Deliverables will conform to all applicable City codes, ordinances and
requirements. If there is a conflict in interpretation between provisions in this Contract and
any exhibits thereto, the provisions in this Contract will prevail.
56.
HEADINGS
The headings used in the Contract are for ease of reference only and shall not in any way
be construed to limit or alter the meaning of any provision.
57.
NON-APPROPRIATION
City is a government agency that relies upon appropriation of funds by its governing
body to satisfy its obligations. In the event that (1) funds are not appropriated by the City
Council to perform the Work; or (2) funds appropriated or otherwise allocated to perform
the Work become unavailable for payment by City under this Contract, City may either
(a) cancel this Contract without further obligation of City; or (b) delay the Work for a
period of six (6) months, In case of any such delay by City, Consultant/Contractor may
suspend performance of work or services as applicable. The parties retain all rights
available under this Contract to the extent permitted under Arizona law, in the event of
termination or cancellation of this Contract due to lack of funding on the part of the City.
58.
ASSIGNMENT OF CLAIMS
City and CMAR recognize that in actual economic practice overcharges resulting from
antitrust violations are in fact borne by City. Therefore, CMAR hereby assigns City any
and all claims for such overcharges. CMAR in all subcontracts shall require all
Subcontractors to likewise assign all claims for overcharges to the City.
59.
DISPUTES
Any failure of City to make a decision within the time limit set forth shall not be construed
as acquiescence in all or any part of any CMAR claim for relief.
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60.
SEXUAL HARASSMENT
CMAR shall comply with the City’s current policy regarding sexual harassment. City
prohibits sexual harassment by any person on City’s premises or at any City affiliated
functions.
61.
AMENDMENTS
The Contract may not be changed, altered, or amended in any way except in writing signed
by duly authorized representatives of CMAR and City.
The Contract may not be changed, altered, or amended in any way except in writing signed
by duly authorized representatives of CMAR and City. Contractor shall maintain a
Certification by the Contractor Authorizing Employees to Sign Binding Agreements on
file with the City. That Certification shall identify all individuals authorized by Contractor
to execute documents necessary to carry out the terms of this Contract or to amend this
Contract.
If the Contractor already has a Certification on file with the City, that Certification, along
with any future amendments, is incorporated herein by reference. If the contractor does
not already have a Certification on file with the City, it shall submit one with the City upon
receipt of a Notice to Proceed, and that Certification, along with any future amendments,
shall be incorporated herein by reference. In either case, Contractor agrees that the
individuals listed on its most recent Certification by the Contractor Authorizing Employees
to Sign Binding Agreements shall have authority to execute documents necessary to carry
out the terms of the Contract or to amend this Contract.
62.
CMAR RECORDS
CMAR agrees to retain all records relating to the Contract pursuant to A.R.S. § 35-214, as
amended from time to time. CMAR agrees to make those records available at all
reasonable times for inspection and audit by City during the term of the Contract and for a
period of five (5) years after the completion of the Contract. The records shall be provided
at City Engineering and Transportation Department, Engineering Division, Tempe,
Arizona, or another location designated by City upon reasonable notice to CMAR.
63.
NO CONSTRUCTION AGAINST DRAFTING PARTY
Each party acknowledges that it has had an opportunity to review the Contract with
counsel, and such documents shall not be construed against any party that is determined to
have been the drafter of the documents.
64.
INTERPRETATION OF CONTRACT DOCUMENTS
64.1. In the event of omissions in the Contract documents, the following shall apply.
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64.1.1. If the Contract is not complete as to any minor detail of a required
construction system or with regard to the manner of combining or installing
of parts, materials, or equipment, but there exists an accepted trade standard
for good and skillful construction, pursuant to MAG Specifications or
otherwise, such detail shall be deemed to be an implied requirement of the
Contract in accordance with such accepted trade standard.
64.1.2. The quality and quantity of parts or materials supplied shall conform to
trade standards and be compatible with the type, composition, strength, size
and profile of the parts of materials otherwise specified in the Contract
documents.
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65.
EXHIBITS
The parties agree that all references to this Contract include all exhibits designated in and
attached to this Contract, such exhibits being incorporated into and made an integral part
of this Contract for all purposes.
65.1
LIST OF SUBCONTRACTORS
65.2
STATUTORY PERFORMANCE BOND
65.3
STATUTORY PAYMENT BOND
65.4
CERTIFICATION BY THE CONTRACTOR AUTHORIZING
EMPLOYEES TO SIGN BINDING AGREEMENT
65.5
CONTRACTOR’S PAYMENT AND SETTLEMENT OF CLAIMS
65.6
AFFIDAVIT OF GENERAL CONTRACTOR/PRIME CONSULTANT
REGARDING HEALTH INSURANCE
65.7
CITY OF TEMPE GUIDELINES FOR IMPLEMENTATION OF HEALTH
INSURANCE
65.8
AFFIDAVIT DEMONSTRATING LAWFUL PRESENCE IN THE UNITED
STATES
65.9
COMPLIANCE WITH TEMPE CITY CODE ON ANTIDISCRIMINATION
65.10 ACKNOWLEDGEMENT REGARDING LETTER IN GOOD STANDING
65.11 CITY ENGINEERING SECURE FACILITIES ACCESS GUIDELINES
[SIGNATURE PAGE TO FOLLOW]
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SIGNATURE PAGE
Tempe Municipal Operations Center – GMP 6 – Phase 2 – Remainder of Phase 2 Project
Project No. 6700130
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
CMAR warrants that the person who is signing this Contract on behalf of CMAR is authorized to
do so and to execute all other documents necessary to carry out the terms of this Contract.
CMAR CONTRACTOR
HAYDON BUILDING CORP.
Signature
Printed Name
Title
Email Address
Federal I.D. No./Tax Payer I.D. No.
65.1
LIST OF SUBCONTRACTORS
In accordance with the provisions of Section 108.2 of the MAG Specifications, CMAR shall
provide the information listed below regarding proposed Subcontractors which are subject to
approval by the City.
Subcontractor
% of Total
Name
Address
Type of Work
Contract
65.2
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. 6700130, 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 said
Principal shall faithfully perform and fulfill all the undertakings, covenants, terms, conditions and
agreements of said Contract during the original term of said Contract and any extension thereof,
with or without notice to the Surety, and during the life of any guaranty required under the
Contract, and shall also perform and fulfill all the undertakings, covenants, terms, conditions, and
agreements of any and all duly authorized modifications of said Contract that may hereafter be
made, notice of which modifications to the Surety being hereby waived; then the above obligation
shall be void, otherwise to remain in full force and effect.
Provided, however, that this bond is executed pursuant to the provisions of Title
34, Chapter 6, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined
in accordance with the provisions of said Title and Chapter, to the extent as if it were copied at
length herein.
The prevailing party in a suit on this bond shall recover as part of the judgment
reasonable attorney fees that may be fixed by the Court. The performance under this bond is
limited to the construction to be performed under this Contract and does not include any design
services, preconstruction services, finance services, maintenance services, operations services or
any other related services included in the Contract.
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 **
65.3
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. 6700130, 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 said
Principal shall promptly pay all monies due to all persons supplying labor or materials to the
Principal or the Principal’s Subcontractors in the prosecution of the construction provided for the
Contract, then this obligation shall be void, otherwise to remain in full force and effect;
Provided, however, that this bond is executed pursuant to Title 34, Chapter 6,
Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with
the provisions, conditions and limitations of said Title and Chapter to the same extent as if it were
copied at length in this Contract.
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 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 **
65.4
CERTIFICATION BY THE CONTRACTOR AUTHORIZING
EMPLOYEES TO SIGN BINDING AGREEMENTS
Tempe Municipal Operations Center – GMP 6 – Phase 2 – Remainder of Phase 2 Project
Project No. 6700130
Contractor hereby certifies that the following employees in its organization are duly authorized to sign
binding agreements necessary to carry out the terms of its contract(s) or amend the terms of its contract(s)
on behalf of the Contractor, its owner(s), partner(s), and/or principal(s) of a corporation, or the manager(s)
and/or member(s) of a limited liability company. Such agreements include, but are not limited to, pay
requests, change orders, required certifications, etc.
In submitting this Certification, Contractor acknowledges this Certification is incorporated by reference
into any active contract(s) between Contractor and the City and will be incorporated by reference into any
future contract(s) between Contractor and the City. Contractor further acknowledges it understands the
City will rely on the representations contained herein concerning authority to execute documents.
Type or Print Name
Signature
Contractor Name:
Signed By:
Printed Name:
Title:
Date:
65.5
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
PROJECT NAME HERE and PROJECT NO. at the location of .
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)
65.6
CITY OF TEMPE
TEMPE, ARIZONA
DEPARTMENT OF ENGINEERING AND TRANSPORTATION
AFFIDAVIT OF GENERAL CONTRACTOR/PRIME CONSULTANT
REGARDING
HEALTH INSURANCE
, Arizona
Date
TEMPE MUNICIPAL OPERATIONS CENTER – GMP 6 – PHASE 2 – REMAINDER OF PHASE 2
PROJECT
PROJECT NO. 6700130
I hereby certify that ______________________________________________ (name of company) currently has, and
all of its major Subcontractors/subconsultants, defined as doing work in excess of $30,000.00, will have, during the
course of this Contract, health insurance for all employees working on this Project and will offer health insurance
coverage to eligible dependents of such employees, as defined in the accompanying Guidelines. The company’s
health insurance is as follows:
Name of Insurance Company:_____________________________________________________
Type of Insurance (PPO, HMO, POS, INDEMNITY): __________________________________
Policy No.: ___________________________________________
Policy Effective Date (MM/DD/YY): ______________________________________
Policy Expiration Date (MM/DD/YY): _____________________________________
Signed and dated at
, this
day of
, 2023.
General Contractor/Prime Consultant
By:
STATE OF ARIZONA
)
) ss
COUNTY OF MARICOPA
)
SUBSCRIBED AND SWORN to before me this ___________ day of _____________________, 2023
Notary Public
[Notary Seal]
65.7
CITY OF TEMPE
GUIDELINES FOR IMPLEMENTATION OF HEALTH INSURANCE
These Guidelines are provided for purposes of implementing Resolution No. 2000.73, which
requires all employees of prime consultants, general contractors and major Sub-consultants and
Subcontractors to have health insurance and to offer health insurance to their eligible dependents,
as determined at the start of each project. Questions regarding these guidelines should be directed
to the City of Tempe Engineering Division at 480-350-8200.
1. All Prime Consultants who enter into a Engineering and Transportation contract or General
Contractors who bid on Engineering and Transportation projects that are advertised for bid
and enter into a contract in excess of $30,000 with the City of Tempe after January 1, 2001,
are required to sign an affidavit in the form attached hereto. The prime consultant or
general contractor shall require that all major Subconsultants or Subcontractors, defined as
entities doing work in excess of $30,000, comply with the health insurance requirements.
In signing the affidavit, prime consultants and general contractors may refer to and rely
upon these Guidelines for interpretation.
2. Health insurance
is required for permanent employees
who work for the
consultant/contractor more than 120 days in any calendar year. A “work day” consists of
any time within a 24-hour period, regardless of number of hours that the individual is paid.
This requirement excludes students working part-time who are enrolled in a recognized
educational institution. Many companies have a grace period or a qualifying period prior
to commencement of insurance coverage, which is acceptable so long as the employee
coverage begins by the 120th day of contract signing. Temporary employees will be
covered to the same extent as the City of Tempe covers temporary employees as
determined at the start of each project.
3. If a contractor is a “Union” shop and withholds union dues from employees for health
insurance coverage that is also offered to their eligible dependents and meets all City
requirements, the Contractor may so note on the required affidavit.
4. The health insurance requirements herein apply to all employees that are directly involved
with the City Project including support and administrative personnel.
5. Health insurance coverage must be maintained during the entire time of the Contract,
including any warranty periods, with the City.
6. All complaints concerning violations of the health insurance requirements shall be filed by
an employee, in writing, with the Engineering and Transportation Department, within 30
Calendar Days from discovery of the violation. An administrative hearing will be held
before the Engineering and Transportation Director, and a written decision of findings will
be provided to the parties to the hearing within 14 Calendar Days thereafter. Appeal from
the decision of the Engineering and Transportation Director may be made within ten
Calendar Days of the date of the decision by filing a notice
of appeal in writing with the Engineering and Transportation Department. If an appeal is
timely filed, an administrative hearing will be held before an administrative hearing officer
appointed by the City Manager. The decision of the administrative hearing officer shall be
final.
7. In the event of a finding by the City of a violation of the insurance provisions, the company
in violation of the provision shall be barred from bidding on, or entering into, any
Engineering and Transportation contract with the City for a minimum period of three years.
8. All consultants and contractors subject to the health insurance requirements shall post, in
English and Spanish, notice of the health insurance requirements at its office and at the job
site. Signs for posting will be provided by the City.
These “Guidelines for Implementation of Health Insurance”, issued and dated this 21st day of
August, 2002, hereby amend all guidelines previously issued.
65.8
AFFIDAVIT DEMONSTRATING LAWFUL
PRESENCE IN THE UNITED STATES
A.R.S. § 1-501 and § 1-502 require any individual person or sole proprietor who applies to the City for a local public benefit (including the
award of a contract) to demonstrate his or her lawful presence in the United States. An individual person or sole proprietor who submits a
bid for this contract must complete this Affidavit and submit it with the bid, along with a copy of one of the documents listed below.
ALL VIOLATIONS OF FEDERAL IMMIGRATION LAW SHALL BE REPORTED TO 1-866-347-2423
LAWFUL PRESENCE IN THE UNITED STATES CAN BE DEMONSTRATED BY
PRESENTATION OF ONE (1) OF THE DOCUMENTS LISTED BELOW.
Please present the document indicated below to the City. If mailing the document, attach a copy of the document to this Affidavit.
(If the document may not be copied, present the document in person to the City for review and signing of the affidavit.)
1.
An Arizona driver license issued after 1996.
Print first 4 numbers/letters from license:
___ ___ ___ ___
2.
An Arizona non-operating identification License.
Print first 4 numbers/letters:
___ ___ ___ ___
_______
3.
A birth certificate or delayed birth certificate issued in any state, territory or possession of the
United States.
Year of birth:
: Place of birth:
4.
A United States Certificate of Birth abroad.
Year of birth:
: Place of birth:
5.
A United States passport.
Print first 4 numbers/letters on Passport:
___ ___ ___ ___
6.
A foreign passport with a United States Visa.
Print first 4 numbers/letters on Passport
___ ___ ___ ___
Print first 4 numbers/letters on Visa
___ ___ ___ ___
7.
An I-94 form with a photograph.
Print first 4 numbers on I-94:
___ ___ ___ ___
_______
8.
A United States Citizenship and Immigration Services Employment Authorization Document (EAD).
Print first 4 numbers/letters on EAD:
___ ___ ___ ___
9.
Refugee travel document.
Date of Issuance:
Refugee Country:
10.
A United States Certificate of Naturalization.
Print first 4 digits of CIS Reg. No.:
___ ___ ___ ___
11.
A United States Certificate of Citizenship.
Date of Issuance:
Place of Issuance:
12.
A tribal Certificate of Indian Blood.
Date of Issuance:
Name of Tribe:
13.
A tribal or Bureau of Indian Affairs Affidavit of Birth.
Year of Birth:
Place of Birth:
I DO SWEAR OR AFFIRM UNDER PENALTY OF LAW THAT I AM LAWFULLY PRESENT IN THE UNITED
STATES AND THAT THE DOCUMENT I PRESENTED ABOVE AS VERIFICATION IS TRUE.
Signature
Business/Company (if applicable)
Print Name
Address
Date:
STATE OF ARIZONA
City, State, Zip Code
COUNTY OF MARICOPA
SUBCRIBED AND SWORN to before me this ___________ day of _____________________, 2023.
[Notary Seal]
Notary Public ______________________________________
65.9
COMPLIANCE WITH TEMPE CITY CODE
CHAPTER 2 ARTICLE VIII SECTION 2-603(5)
_________________________________________________
Per Tempe City Code Chapter 2 Article VIII Section 2-603(5), it is unlawful for a city vendor or city
contractor, because of race, color, gender, gender identify, sexual orientation, religion, national origin,
familial status, age, disability, or United States military veteran status, to refuse to hire or employ or bar
or discharge from employment any person, or to discriminate against such person in compensation,
conditions, or privileges or employment.
City vendors and contractors of fifteen (15) or more employees shall provide a copy of its
antidiscrimination policy to the city’s procurement officer to confirm compliance with this article.
Employers having fourteen (14) or less employees may attest in writing to compliance with this article.
CONTRACTOR means any person who has a contract with the City.
VENDOR means a person or firm in the business of selling or otherwise providing products,
materials, or services.
CONTRACTOR/VENDOR, select one:
Current copy of antidiscrimination policy attached
OR
_____ I hereby certify _________________________________ (contractor/vendor) to be in
compliance with Tempe City Code Chapter 2 Article VIII Section 2-603(5).
____________________________________
Date: _____________________
Signature
____________________________________
__________________________
Print Name
Title
____________________________________
Company
65.10
ACKNOWLEDGEMENT REGARDING LETTER IN GOOD STANDING
_________________________________________________
TEMPE MUNICIPAL OPERATIONS CENTER – GMP 6 – PHASE 2 – REMAINDER OF
PHASE 2 PROJECT
PROJECT NO. 6700130
Signing this document acknowledges contractor’s understanding of the requirements outlined in the Contract (Section 6.1
referencing taxes) stating the following:
6.1
CMAR Requirements and Conditions.
6.1.1 Licenses, Taxes and Permits
Prior to execution of this Contract, CMAR must ensure all applicable taxes due by Contractor are
paid in full. At all times, the determination of applicable taxes and rates, and remitting taxes owed,
shall be the sole responsibility of Contractor.
It is the sole responsibility of the Contractor and any subcontractors to obtain a Letter of
Good Standing from the Arizona Department of Revenue prior to Contract award. Go to
https://azdor.gov/forms/collections-forms/tax-clearance-application and obtain directions
regarding how to submit for the Letter of Good Standing. Submit a copy of the Letter of
Good Standing to contractor_support@tempe.gov. The Letter of Good Standing must have
been issued within the last 90 Calendar Days from the award date of the contract.
In the event a “denial” letter is received from the Arizona Department of Revenue, should any
taxes owed by the Contractor not be remitted in full prior to award along with the receipt of a
Letter of Good Standing from the Contractor, the award of the contract will not move forward.
I hereby acknowledge _________________________________ (contractor/vendor) will be in
compliance with section 6.1 at the time of a contract award.
____________________________________
Date: _____________________
Signature
____________________________________
__________________________
Print Name
Title
____________________________________
Company
65.11
CITY ENGINEERING SECURE FACILITIES ACCESS GUIDELINES
These guidelines are applicable to all contracts that call for work to be done in any of the City’s secure
facilities and are incorporated by reference into said contracts. Contractors should be advised that there
are separate requirements for General Secure Facilities and Water Utilities Department Secure Facilities.
I.
GENERAL SECURE FACILITIES ACCESS REQUIREMENTS
The Contractor and Third-Party Construction Manager shall provide the City with a 10-year background
check for all employees, including subcontractors, working in any of the City’s secure facilities which
include, but are not limited to, the Tempe Transportation Center, East Valley Bus Operations and
Maintenance Facility, Police Department/Courts Headquarters, and Police Department substations.
Background checks shall be performed by an authorized company capable of conducting a nationwide
search. Background checks shall include, at a minimum, information regarding state and national criminal
and sexual offender information, and a 5-year driving record search. The Contractor and Third-Party
Construction Manager shall be responsible for the cost of all their employee background checks. Below
is a list of automatic and discretionary disqualifiers which may disqualify or make an individual ineligible
to work at any of the City’s secure facilities. The Contractor and Third-Party Construction Manager shall
submit all employee background checks to the City of Tempe for review and authorization before the
contractor employees or subcontractors are issued a Contractor Identification Badge and before being
allowed to work at any of the City’s secure facilities. All authorized contractor, subcontractor and third-
party construction manager employees shall coordinate with the respective facility supervisor to obtain a
contractor identification badge. Contractor and Third-Party Construction Manager employees must wear
their contractor identification badge at-all-times while working at the City’s secure facility.
AUTOMATIC DISQUALIFIERS
The following will disqualify any individual who has, at any time:
•
Has known affiliations with gangs, gang members, terrorist groups and/or individuals,
•
Outstanding felony warrants,
•
Conviction for selling, producing, cultivating, or transporting marijuana for sale,
•
Conviction for producing, cultivating, or transporting any dangerous drugs or narcotics for sale.
DISCRETIONARY DISQUALIFIERS
The following may, upon review by the Tempe Police Department, make an individual ineligible to work
in or around secure areas of City Facilities:
•
Unlawful sexual misconduct;
•
DUI conviction or suspension of your Arizona driver’s license due to a DUI;
•
Commission of a felony;
•
Conviction of a felony or any offense that would be a felony if committed in Arizona;
•
Outstanding misdemeanor warrants;
•
Any other conduct or offense that could jeopardize the safety of City employees or the public; or,
•
Insufficient information.
II.
WATER UTILITIES DEPARTMENT SECURE FACILITIES ACCESS
REQUIREMENTS
The Contractor and Third-Party Construction Manager shall verify that a 10-year background check has
been completed within the last 5 years for all employees, including subcontractors, working in any of the
City’s Water Utilities Department secure facilities which include, but are not limited to, the Johnny G.
Martinez Water Treatment Plant, South Tempe Water Treatment Plant, and Kyrene Water Reclamation
Facility. The background check shall include state and national criminal and sexual offender information
as well as driving record information outlined in Secure Facility Access Requirements. Background
checks shall be performed by an authorized company capable of conducting a nationwide search.
Background checks shall include, at a minimum, information regarding state and national criminal and
sexual offender information, and a 5-year driving record search. The Contractor and Third-Party
Construction Manager shall be responsible for the cost of all their employee background checks.
Contractor and Third-Party Construction Manager shall disclose any knowledge of employee criminal
history status involving the following:
•
Any felony offense
•
Any offense involving assault or threats of violence
•
Any theft, fraud or financial crimes offense
•
Any arson offense
•
Any sexual misconduct offense
•
Any offense of misconduct involving a deadly weapon
SECURE FACILITY VERIFICATION REQUIREMENTS
The Contractor and Third-Party Construction Manager shall verify that all employee background checks
have been completed before the contractor employees or subcontractors are issued a Contractor
Identification Badge and before being allowed to work at any of the City’s Water Utilities Department
secure facilities. All authorized contractor, subcontractor and third-party construction manager
employees shall coordinate with the respective facility supervisor to obtain a contractor identification
badge. Contractor and Third-Party Construction Manager employees must wear their contractor
identification badge at-all-times while working at the City’s secure facility.
1
Jurgemeyer, Barrett
From:
Jurgemeyer, Barrett
Sent:
Monday, November 27, 2023 9:51 PM
To:
Scott Brotherson
Cc:
Fritz Behrhorst; Kevin (Cub) Carter; Johnny Cioara; Dresang, Julian; Warren, Joshua; Chris Lerma;
David Hutchinson; Ryan Brady; Ryan Ruoff; Alejandra Verdin; DGlaze@kitchell.com; Kiyomi Kurooka;
braun@dwlarchitects.com; Jenia Lynn
Subject:
RE: 6700130 TMOC Phase 2 - GMP #6 - Revision #1
Attachments:
6700130_GMP6_REV3_Haydon_Remainder of Phase 2 Delivery.pdf; 04_Sub Leveling with Low
Bids.pdf; 05_All Other Bidders.pdf
CityofTempeͲEngineeringDivision
POBox5002|MailCode01Ͳ8
TempeAZ85280
November27,2023
HaydonBuildingCorp.
ATTN:ScoƩBrotherson,PreconstrucƟonDirector
4640E.CoƩonGinLoop
Phoenix,AZ85040
SENTVIAEMAIL
RE:AcceptanceofGMP6BaseContract,andSelectedAlternateNumbers
DearScoƩ:
WearepleasedtosharethatCityofTempestaīhaveacceptedtheaƩachedTMOCGMP#6proposal,Revision#3,dated
11/26/2023.TheproposalsƟllneedstobesubmiƩedtotheCityofTempe’sMayorandCouncilforapprovalatthe
January4th,2024,councilmeeƟng.AtthisƟme,theCityselectstopursueAlternateNumbers#13,#17,#18,#19,.
Thevalueoftheproposedcontractistabulatedasfollows:
TotalGMP#6(BaseContract)
$37,499,509.00
Alternate#13
$32,463.00
GroundConcreteinlieuofConcͲ4andConcͲ1
onsheetA811
Alternate#17
$271,228.00
AddConduitsandWireto18EVChargers
and25FutureEVChargers
Alternate#18
$216,457.00
AddEVChargersSES's
Alternate#19
$116,006.00
AddConduitsforfuturePVatcanopies
EXHIBIT A
2
Alternate#20$137,710.00
AddConduitsforfuturePVatcanopies
__________________________________________________________________
Ö GRANDTOTALOFTMOCPHASE2,GMP6(11/26/23):
$38,273,373.00
ShouldtherebeanychangestotheselectionofAlternateNumbers,theCitywillcommunicatetoHaydeninatimely
manner.Duetothefilesizeofthethreeeattachments,pleaseconfirmreceiptofthismessage.
Thankyouforyourteam’spartnershipandhardwork,andpleaseletusknowifthereareanyquestions.
Withappreciation,
BarrettJurgemeyer,PE
PrincipalCivilEngineer
CityofTempeǦEngineeringDivision
POBox5002|MailCode01Ǧ8|TempeAZ85280
Phone:4803401170
Email:barrett_jurgemeyer@tempe.gov
Cc:
KitchellCEM
DWLArchitects+Planners,Inc.
CityofTempe
From:ScottBrotherson<sbrotherson@haydonbc.com>
Sent:Sunday,November26,202312:36PM
To:Jurgemeyer,Barrett<Barrett_Jurgemeyer@tempe.gov>
Cc:JohnnyCioara<jcioara@haydonbc.com>;Dresang,Julian<Julian_Dresang@tempe.gov>;KiyomiKurooka
<kurooka@dwlarchitects.com>;ChrisLerma<clerma@kitchell.com>;DavidHutchinson<dhutchinson@haydonbc.com>;
Kevin(Cub)Carter<kcarter@haydonbc.com>
Subject:RE:6700130TMOCPhase2ͲGMP#6ͲRevision#1
Barrett,
Here are the Revisions and my notes to Kitchells comments.
Revisions were pretty minor and easy. Let me know if you need the schedule comment addressed for this
also.
Thanks!!
Scott Brotherson
Preconstruction Director
HAYDON BUILDING CORP
4640 E. Cotton Gin Loop, Phoenix, AZ 85040
602-526-0496
www.haydonbc.com
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C i t y o f T e m p e
E n g i n e e r i n g a n d
T r a n s p o r t a t i o n D e p a r t m e n t
E n g i n e e r i n g D i v i s i o n
1 0 0 % C D
P R O J E C T M A N U A L
V o l u m e 1
D i v i s i o n 0 0 - 1 4
T e m p e P r o j e c t N o . 6 7 0 0 1 3 0
Tempe Municipal Operations Center
Phase 2
October 03, 2023
DWL Architects – Planners, Inc.
2333 N. Central Avenue
Phoenix, AZ 85004
DWL No. 2149.00
EXHIBIT B
C i t y o f T e m p e
E n g i n e e r i n g a n d
T r a n s p o r t a t i o n D e p a r t m e n t
E n g i n e e r i n g D i v i s i o n
1 0 0 % C D
P R O J E C T M A N U A L
V o l u m e 2
D i v i s i o n 2 1 - 4 1
T e m p e P r o j e c t N o . 6 7 0 0 1 3 0
Tempe Municipal Operations Center
Phase 2
October 03, 2023
DWL Architects – Planners, Inc.
2333 N. Central Avenue
Phoenix, AZ 85004
DWL No. 2149.00