Peoria Contract Cooperative Purchase

CONTRACT AMENDMENT Materials Management

Procurement
9875 N. 85th Ave., 2nd FI.
Solicitation No: P19-0027B Page 1 of 1 Peoria, AZ 85345
Telephone: (623) 773-7115

Description: JOC for Traffic Systems Fax: (623) 773-7118

Amendment No: One (1) Date: October 28, 2019 Buyer: Lisa Houg

In accordance with the Contract Terms and Conditions, Section 2, Contract Term, the above referenced
contract shall expire on December 31, 2019 and is hereby extended.

The New Contract Term is: January 1, 2020 to December 31, 2020

Contractor hereby acknowledges receipt and agreement. A signed copy shall be filed with the City of Peoria, Materials

i) LA Vy Bruce W. Balls, General Manager B&F Contracting, Inc.

ature Date Typed Name and Title Company Name
11011 N. 23% Avenue Phoenix AZ 85029
Address City State Zip
Attested by: . pane
») at ber Ad ~
Rhonda Geriminsky, Clerk Director: Adina Lund, Development & Engineering
CC Number Department Rep: Chris Lemka, City Traffic Engineer

Approved as to Form:

Vanessa gee Ufo Attorney f

City Seal The above referenced Contract Amendment is hereby
Copyright 2003 Executed:

City of Peoria, Arizona
November 4 2o1 ,_at Peoria, Arizona

Christine Finney, Interim Materials Manggr

ACON53218A
Contract Number

(Rev 05/07/18)CF

City of Peoria, Arizona
Job Order Contract

Statement of Qualifications No: P19-0027B

Description of Work: Traffic Systems

Location: City of Peoria, Matcrials Management Contact: Lisa Houg

Mailing Address: 9875 N. 85" Ave., 2™ Fl., Peoria, AZ 85345 Phone: (623) 773-7115
OFFER

B&F Contracting, Inc.

Job Order Contractor Name

11011 N. 23 Avenue Bruce W. Balls
Address. Printed Name
Phoenix AZ 85029 General Manager
City State Zip Code Title
623-582-1170 623-764-7585 bruceb@bfcontracting.com
Telephone Cell Esmail

ACCEPTANCE OF OFFER AND CONTRACT AWARD (For City of Peoria Use Only)

Your offer is hereby accepted. ‘The Contractor is now bound to sell the construction services listed by the attached award notice based upon the solicitation, including all
terms conditions, specifications. amendments, etc., of the contract and the Contiactor’s offer as accepted by the City. The Contractor is hereby cautioned not to commence
any billable work or provide any material, service or construction under this contract until Contractor receives an executed Notice to Proceed and Purchase Order.

Attested by" City of Peoria, Arizona.

\Y . Eff. Date: [ QO q
lato en 4Q

eee Approved as to form:

- Hickman, Ci

ACON53218 Awarded on KVye. a+, holt

Contract Number

City Seal Official File Dan Zenko, Materials Manager
Copyright 2003 City of Peoria, Arizona

(Rev 12/2018)CF

JOB ORDER CONTRACT

P19-0027

JOC for Traffic Systems

CONTRACT FOR CONSTRUCTION

Rev (12/2018) CF

ARTICLE 1
ARTICLE 2
ARTICLE 3
ARTICLE 4
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16

ATTACHMENTS
ATTACHMENTS
Attachment A
Attachment B

Attachment C
Attachment D

Rev (12/2018) CF

JOB ORDER CONTRACT AGREEMENT
TABLE OF CONTENTS

DEFINITIONS

CONTRACT TERM
PERFORMANCE OF THE WORK
JOB ORDER DOCUMENTS

-MATERIAL AND WORKMANSHIP

SITE CONDITIONS

JOB ORDER SCHEDULES
INSPECTION OF CONSTRUCTION AND ACCEPTANCE
INVOICING AND PAYMENT
CHANGES

INSURANCE & BONDS
INDEMNIFICATION

DISPUTES
TERMINATION AND DEFAULT
WARRANTY OF CONSTRUCTION
STANDARD TERMS AND CONDITIONS

JOC General Scope of Services

SIQ & Contractor’s Response

JOC Cost Proposal Forms (Pricing Matrix, Project Cost Sheet)
Contractor’s Contacts & Authorized Signature Form

JOB ORDER CONTRACTING
CONTRACT

THIS CONTRACT is entered into and made effective the 1“ day of January. 2019, by and between the City of Peoria,
Arizona, an Arizona charter municipality (the “Owner”), and B&F Contracting, Inc., (the “Job Order Contractor”).
The parties agree as follows:

1. DEFINITIONS.

1.1. Owner. Owner means Owner's senior manager, Contracting Officer or a duly authorized representative
which means any person specifically authorized to act for Owner by executing the Contract and any modification
thereto. Owner’s duties include administration of the Contract, including the negotiation of change orders and
modifications and assessing Job Order Contractor's technical performance and progress; inspecting and periodically
reporting on such performance and progress during the stated period of performance, and finally certifying as to the
acceptance of the Work in its entirety or any portion thereof, as required by the Contract documents.

1.2. Job Order Contractor. Job Order Contractor means Job Order Contractor's senior manager or its duly
authorized representative or any person specifically authorized to act for Job Order Contractor by executing the
Contract, and any modifications thereto. Job Order Contractor’s duties include administration of the Contract and
performance of the Work.

1.3. Contract. Contract means this agreement including its attachments and any Job Orders that may be issued.

1.4. | Subcontract. Subcontract means any Contract including purchase orders (other than one involving an
employer-employee relationship) entered into by Job Order Contractor calling for equipment, supplies or services
required for Contract performance, including any modifications thereto.

1.5.. Job Order. Job Order means a specific written agreement between the Owner and the Job Order Contractor
for Work to be performed under this Contract for an individual, mutually agreed upon scope of work, schedule and
price.

1.6. | Work. Work means in response to Job Orders that may be mutually agreed upon and issued periodically by
Owner, Job Order Contractor shall, except as may be specified elsewhere in the Contract, furnish all necessary labor,
materials, tools, supplies, equipment, transportation, supervision, management, and perform all operations necessary
and required for survey, design, and construction work which will be defined and further described as to specific
project requirements in each Job Order. The Work shall be performed in accordance with the requirements set forth
in each Job Order and as further specified in Attachment "A"(JOC General Scope of Services), Attachment “B”
(SIQ & Contractor’s Response), Attachment "C" (JOC Cost Proposal Forms), and in Attachment "D"
(Contractor’s Contacts), all of which are incorporated herein and made a part hereof.

1.7. Punch List Preparation. A minimum of thirty (30) days prior to Final Completion the Job Order
Contractor, in conjunction with the Owner, shall prepare a comprehensive list of Punch list items, which the Owner
may edit and supplement. The Job Order Contractor shall proceed promptly to complete and correct Punch list items.
Failure to include an item on the Punch list does not alter the responsibility of the Job Order Contractor to complete
all Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall not
commence until the date of Final Completion unless otherwise provided in the Contract Documents.

1.8. | Final Completion. Final Completion of the Work shall be deemed to have occurred on the later of the
dates that the Work passes a Final Completion inspection and acceptance by the Owner. Final Completion shall not
be deemed to have occurred and no final payment shall be due the Job Order Contractor.or any of its subcontractors
or suppliers until the Work has passed the Final Completion inspection and acceptance and all required Final
Completion close-out documentation items has been produced to the Owner by the Job Order Contractor.

1.9. Reference Standards

‘1.9.1. The “Uniform Standard Specifications for Public Works Construction” and the “Uniform Standard
Details for Public Works Construction” which are sponsored and distributed by the Maricopa Association of

Rev (12/2018) CF

Governments (MAG), and which are hereinafter referred to as the “MAG Specifications”, are hereby adopted as part
of these contract documents.

1.9.2. July 15, 1997 by Section 23-50a of Ordinance 97-38, the City of Peoria adopted the “Uniform
Standard Details for Public Works Construction from the Maricopa County Association of Governments by reference
with certain exceptions.

1.9.3. A copy of these documents is kept on file at the Office of the City Clerk at the City of Peoria.
2. CONTRACT TERM

2.1. Contract Term. The term of the Contract shall commence on the date it was executed by both parties and
shall continue for a period of one (1) year thereafter in accordance with the terms and conditions of this Contract.
By mutual written Contract Amendment, any resultant contract may be extended for supplemental periods of up to
a maximum of forty-eight (48) months. Job Orders may be issued at any time during the term of this Contract. This
Contract will remain in full force and effect during the performance of any Job Order.

2.2. Job Order. In response to Job Orders that may be mutually agreed upon and issued periodically by Owner,
Job Order Contractor shall perform the Work, except as may be specified elsewhere in the Contract, which will be
defined and further described as to specific project requirements in each Job Order. The Work shall be performed
in accordance With the requirements set forth in each Job Order and as further specified in Attachment "A "JOC
General Scope of Services), Attachment “B” (SIQ & Contractor’s Response), Attachment "C" (JOC Cost Proposal
Forms), and in Attachment "D" (Contractor’s Contacts), all of which are incorporated herein and made a part
hereof.

2.3. Mutual Agreement. This Contract embodies the agreement of Owner and Job Order Contractor to terms
and conditions which will govern any Work that may be prescribed under a Job Order that may be issued by Owner
and agreed to by Job Order Contractor. Nothing herein shall be construed as requiring Owner to issue any Job Order,
nor requiring Job Order Contractor to accept any Job Order, it being the intent that both parties must mutually agree
to any specific Work before a Job Order may be issued.

2.4. Cooperative Purchasing: This contract shall be for the use of the City of Peoria. In addition, specific
eligible political subdivisions and nonprofit educational or public health institutions may also participate at their
discretion. In order to participate in any the contract, a political subdivision or nonprofit educational or public health
institution must have been invited to participate in this specific solicitation and the contractor must be in agreement
with the cooperative transaction. In addition to cooperative purchasing, any eligible agency may elect to participate
(piggyback) on the contract; the specific eligible political subdivision, nonprofit educational or public health
institution and the contractor must be in agreement. Any orders placed to the contractor will be placed by the specific
agencies participating in this purchase. Payment for purchases made under this agreement will be the sole
responsibility of each participating agency. The City shall not be responsible for any disputes arising out of
transactions made by others.

3. PERFORMANCE OF THE WORK

3.1. Job Order Agreement. Performance of the Work shall be undertaken only upon the issuance of written
Job Orders by Owner. Job Orders shall be in accordance with the requirements specified in Attachment "A" (JOC
General Scope of Services), and shall set forth, with the necessary particularity, the following:

3.1.1, Contract number along with Job Order Contractor's name;

3.1.2. Job Order number and date;

3.1.3. The agreed Work and applicable technical specifications and drawings;

3.1.4. The agreed period of performance and, if required by Owner, a work schedule;
3.1.5. The place of performance;

3.1.6. The agreed total price for the Work to be performed;

Rev (12/2018) CF