City of Mesa Contract 2020007
Extracted text (via pymupdf)
104155 characters
Page 1 of 33
Holbrook Asphalt, LLC
Contract #2020007
AGREEMENT PURSUANT TO SOLICITATION
CITY OF MESA AGREEMENT 2020007
PAVEMENT PRESERVATION SERVICES (HIGH DENSITY MINERAL BOND)
CITY OF MESA, Arizona (“City”)
Department Name
City of Mesa – Purchasing Division
Mailing Address
P.O. Box 1466
Mesa, AZ 85211-1466
Delivery Address
20 East Main St, Suite 400
Mesa, AZ 85201
Attention
Brandy Andersen, CPPB, MPA
Procurement Officer
E-Mail
brandy.andersen@mesaaz.gov
Telephone
(480) 644-6426
Facsimile
(480) 644-2655
AND
HOLBROOK ASPHALT, LLC., (“Contractor”)
Mailing Address
3806 S. 16th Street
Phoenix, AZ 85040
Delivery Address
3806 S. 16th Street
Phoenix, AZ 85040
Attention
Aaron Eppley, Asset Preservation Consultant
E-Mail
aaron@holbrookasphalt.com
Telephone
435-703-0023
Facsimile
435-656-3943
Page 2 of 33
Holbrook Asphalt, LLC
Contract #2020007
CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This agreement pursuant to solicitation (“Agreement”) is entered into this 9th day of September 2019, by
and between the City of Mesa, Arizona, an Arizona municipal corporation (“City”), and Holbrook Asphalt
LLC., a Utah company (“Contractor”). The City and Contractor are each a “Party” to the Agreement or
together are “Parties” to the Agreement.
RECITALS
A.
The City issued solicitation number 2020007 (“Solicitation”) for PAVEMENT PRESERVATION
SERVICES (HIGH DENSITY MINERAL BOND), to which Contractor provided a response
(“Response”); and
B.
The City Selected Contractor’s Response as being in the best interest of the City and wishes to
engage Contractor in providing the services/materials described in the Solicitation and Response.
In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good
consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the
following Terms & Conditions.
TERMS & CONDITIONS
1.
Term. This Agreement is for a term beginning on September 9, 2019 and ending on June 30,
2022. The use of the word “Term” in the Agreement includes the aforementioned period as well as
any applicable extensions or renewals in accordance with this Section 1.
1.1
Renewals. On the mutual written agreement of the Parties, the Term may be renewed up
to a maximum of two (2) years. Any renewal(s) will be a continuation of the same terms
and conditions as in effect immediately prior to the expiration of the then-current term.
1.2
Extension for Procurement Processes. Upon the expiration of the Term of this
Agreement, including any renewals permitted herein, at the City’s sole discretion this
Agreement may be extended on a month-to-month basis for a maximum of six (6) months
to allow for the City’s procurement processes in the selection of a vendor to provide the
services/materials provided under this Agreement. The City will notify the Contractor in
writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the
expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of
the same terms and conditions as in effect immediately prior to the expiration of the then-
current term.
1.3
Delivery. Delivery shall be made to the location(s) contained in the Scope of Work within
twenty-four (24) hours after receipt of an order.
2.
Scope of Work. The Contractor will provide the necessary staff, services and associated
resources to provide the City with the services, materials, and obligations attached to this
Agreement as Exhibit A (“Scope of Work”) Contractor will be responsible for all costs and expenses
incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise
stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform
the Scope of Work. If set forth in Exhibit A, the City will provide Contractor’s personnel with
adequate workspace and such other related facilities as may be required by Contractor to carry out
the Scope of Work.
The Agreement is based on the Solicitation and Response which are hereby incorporated by
reference into the Agreement as if written out and included herein. In addition to the requirements
specifically set forth in the Scope of Work, the Parties acknowledge and agree that the Contractor
Page 3 of 33
Holbrook Asphalt, LLC
Contract #2020007
shall perform in accordance with all terms, conditions, specifications and other requirements set
forth within the Solicitation and Response unless modified herein.
3.
Orders. Orders be placed with the Contractor by either a: (i) Purchase Order when for a one-time
purchase; (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement
Contract where multiple as-needed orders will be placed with the Contractor. The City may use
the Internet to communicate with Contractor and to place orders as permitted under this Agreement
4.
Document Order of Precedence. In the event of any inconsistency between the terms of the
body of the Agreement, the Exhibits, the Solicitation, and Response, the language of the
documents will control in the following order.
a.
Agreement
b.
Exhibits
1.
Mesa Standard Terms & Conditions
2.
Scope of Work
3.
Other Exhibits not listed above
c.
Solicitation including any addenda
d.
Contractor Response
5.
Payment.
5.1
General. Subject to the provisions of the Agreement, the City will pay Contractor the
sum(s) described in Exhibit B (“Pricing”) in consideration of Contractor’s performance of
the Scope of Work during the Term.
5.2
Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term
except where otherwise provided in this Agreement, and include all costs of the Contractor
providing the materials/service including transportation, insurance and warranty costs. No
fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be
invoiced at prices higher than those stated in the Agreement.
The Contractor further agrees that any reductions in the price of the materials or services
covered by this Agreement will apply to the undelivered balance. The Contractor shall
promptly notify the City of such price reductions.
No price modifications will be accepted without proper request by the Contractor and
response by the City’s Purchasing Division.
5.3
Price Adjustment. Any requests for reasonable price adjustments must be submitted in
accordance with this Section 5.3. Requests for adjustment in cost of labor and/or materials
must be supported by appropriate documentation. There is no guarantee the City will
accept a price adjustment therefore Contractor should be prepared for the Pricing to be
firm over the Term of the Agreement. The City is only willing to entertain price adjustments
based on an increase to Contractor’s actual expenses or other reasonable adjustment in
providing the services/materials under the Agreement. If the City agrees to the adjusted
price terms, the City shall issue written approval of the change.
Price adjustments for line items that do not contain bituminous material, must go
through the Purchasing Department. During the sixty (60) day period prior to the term
Contract expiration, the Contractor may submit a written request to the City to allow an
increase to the prices in an amount not to exceed the twelve (12) month change in the
Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items,
Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor
Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for
Page 4 of 33
Holbrook Asphalt, LLC
Contract #2020007
adjustment and respond in writing; such response and approval shall not be unreasonably
withheld.
If the price adjustment pertains to a line items that contains bituminous material The
BMI will be monitored and adjusted by the City of Mesa’s Financial Team per each invoice
with a price adjustment as follows:
The term “bituminous material” as used herein shall include asphalt cement, liquid asphalt
and emulsified asphalt.
The term “Initial cost” of bituminous materials as used herein shall mean the cost as
determined by the ADOT Price Adjustment for Bituminous Material for the month bids are
opened. See: http://www.azdot.gov/highways/cns/bitmat.asp.
The contract unit price for each item that contains bituminous material will be considered
to include all costs of materials as required, including the “initial cost” of bituminous
material. The initial cost of bituminous material will be based on the ADOT Monthly Index
as follows:
The adjustment in compensation, either increase or decrease, for bituminous material will
be based on the dollar amount change in the ADOT Monthly Index from the month in which
the contract was bid compared to the month in which the material is used, on a calendar
month basis. This adjustment will apply only to the amount of bituminous material used in
the bid item and not to the overall unit cost. The amount of bituminous material in each bid
item will be as follows:
MC’s and liquid asphalt
100%
Terminal blend asphalt rubber
93%
Emulsions, Concentrate
60%
Diluted 2:1
40%
Diluted 1:1
30%
Additionally, the adjustment for compensation for bituminous materials will be based on the
tons of bituminous material prior to dilution. This adjustment will apply to bituminous
material only.
A sample of the formula is as follows:
($ amount change in ADOT index) x (% of bituminous material) + (amount bid)
The bidder certifies in signing this bid that the price will be no higher than the lowest price
the bidder charges other buyers for similar quantities under similar conditions.
No fuel surcharges will be accepted. No price increases will be accepted without proper
request by Contractor and response from the City’s Purchasing division.
5.4
Renewal and Extension Pricing. Any extension of the Agreement will be at the same
pricing as the initial Term. If the Agreement is renewed in accordance with Section 1,
pricing may be adjusted for amounts other than inflation that represent actual costs to the
Contractor based on the mutual agreement of the parties. The Contractor may submit a
request for a price adjustment along with appropriate supporting documentation
demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the
renewal period and may be adjusted thereafter as outlined in the previous section. There
is no guarantee the City will accept a price adjustment.
5.5
Invoices. Payment will be made to Contractor following the City’s receipt of a properly
completed invoice. No terms set forth in any invoice, purchase order or similar document
issued by Contractor will be deemed accepted by the City; the terms of the contractual
relationship between the Parties are as set forth in this Agreement. Any issues regarding
billing or invoicing must be directed to the City Department/Division requesting the service
Page 5 of 33
Holbrook Asphalt, LLC
Contract #2020007
or material from the Contractor. A properly completed invoice should contain, at a
minimum, all of the following:
a.
Contractor name, address, and contact information;
b.
City billing information;
c.
City contract number as listed on the first page of the Agreement;
d.
Invoice number and date;
e.
Payment terms;
f.
Date of service or delivery;
g.
Description of materials or services provided;
h.
If materials provided, the quantity delivered and pricing of each unit;
i.
Applicable Taxes; and
j.
Total amount due.
5.6
Payment of Funds. Contractor acknowledges the City may, at its option and where
available use a Procurement Card/e-Payables to make payment for orders under the
Agreement. Otherwise, payment will be through a traditional method of a check or
Electronic Funds Transfer (EFT) as available.
5.7
Disallowed Costs, Overpayment. If at any time the City determines that a cost for which
payment was made to Contractor is a disallowed cost, such as an overpayment or a charge
for materials/service not in accordance with the Agreement, the City will notify Contractor
in writing of the disallowance; such notice will state the means of correction which may be,
but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the
amount of the disallowance, or to require repayment of the disallowed amount by
Contractor. Contractor will be provided with the opportunity to respond to the notice.
6.
Insurance.
6.1
Contractor must obtain and maintain at its expense throughout the term of Contractor’s
agreement, at a minimum, the types and amounts of insurance set forth in this Section 6
from insurance companies authorized to do business in the State of Arizona; the insurance
must cover the materials/service to be provided by Contractor under the Agreement. For
any insurance required under the Agreement, Contractor will name the City of Mesa, its
agents, representatives, officials, volunteers, officers, elected officials, and employees as
additional insured, as evidenced by providing either an additional insured endorsement or
proper insurance policy excerpts.
6.2
Nothing in this Section 6 limits Contractor’s responsibility to the City. The insurance
requirements herein are minimum requirements for the Agreement and in no way limit any
indemnity promise(s) contained in the Agreement.
6.3
The City does not warrant the minimum limits contained herein are sufficient to protect
Contractor and subcontractor(s) from liabilities that might arise out of performance under
the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).
Contractor is encouraged to purchase additional insurance as Contractor determines may
be necessary.
6.4
Each insurance policy required under the Agreement must be in effect at or prior to the
execution of the Agreement and remain in effect for the term of the Agreement.
6.5
Prior to the execution of the Agreement, Contractor will provide the City with a Certificate
of Insurance (using an appropriate “ACORD” or equivalent certificate) signed by the issuer
with applicable endorsements. The City reserves the right to request additional copies of
any or all of the policies, endorsements, or notices relating thereto required under the
Agreement.
Page 6 of 33
Holbrook Asphalt, LLC
Contract #2020007
6.6
When the City requires a Certificate of Insurance to be furnished, Contractor's insurance
is primary of all other sources available. When the City is a certificate holder and/or an
additional insured, Contractor agrees no policy will expire, be canceled, or be materially
changed to affect the coverage available without advance written notice to the City.
6.7
The policies required by the Agreement must contain a waiver of transfer rights of recovery
(waiver of subrogation) against the City, its agents, representatives, officials, volunteers,
officers, elected officials, and employees for any claims arising out of the work of
Contractor.
6.8
All insurance certificates and applicable endorsements are subject to review and approval
by the City's Risk Management Division.
6.9
Types and Amounts of Insurance. Contractor must obtain and retain throughout the
term of the Agreement, at a minimum, the following:
6.9.1
Worker’s compensation insurance in accordance with the provisions of Arizona
law. If Contractor operates with no employees, Contractor must provide the City
with written proof Contractor has no employees. If employees are hired during
the course of this Agreement, Contractor must procure worker’s compensations
in accordance with Arizona law.
6.9.2
The Contractor shall maintain at all times during the term of this contract, a
minimum amount of $1 million per occurrence/$2 million aggregate Commercial
General Liability insurance, including Contractual Liability. For General Liability
insurance, the City of Mesa, their agents, officials, volunteers, officers, elected
officials or employees shall be named as additional insured, as evidenced by
providing an additional insured endorsement.
6.9.3
Automobile liability, bodily injury and property damage with a limit of $1 million
per occurrence including owned, hired and non-owned autos.
7.
Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements
contract; the Agreement does not guarantee any purchases will be made (minimum or maximum).
Orders will only be placed when the City identifies a need and issues a purchase order or a written
notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed
within a reasonable period of time of issuance; any such cancellation will be in writing. Should a
purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any
actual and documented costs incurred by Contractor. The City will not reimburse Contractor for
any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits,
shipment of product, or performance of services.
8.
Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as
listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth
the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C.
9.
Representations of Contractor. To the best of Contractor’s knowledge, Contractor agrees that:
a.
Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement
or with Contractor’s undertaking of the relationship with the City;
b.
Performance of the services called for by the Agreement do not and will not violate any
applicable law, rule, regulation, or any proprietary or other right of any third party;
Page 7 of 33
Holbrook Asphalt, LLC
Contract #2020007
c.
Contractor will not use in the performance of Contractor’s responsibilities under the Agreement
any proprietary information or trade secret of a former employer of its employees (other than
City, if applicable); and
d.
Contractor has not entered into and will not enter into any agreement, whether oral or written,
in conflict with the Agreement.
10.
Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms
and Conditions as modified by the Parties, which are incorporated by reference into the Agreement
as though fully set forth herein. In the event of any inconsistency between the terms of the
Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will
control. The Parties or a Party are referred to as a “party” or “parties” in the Mesa Standard Terms
and Conditions. The Term is referred to as the “term” in the Mesa Standard Terms and Conditions.
11.
Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two
(2) or more counterparts, each of which will be deemed an original and all of which, taken together,
will constitute one agreement. A facsimile or other electronically delivered signature to the
Agreement will be deemed an original and binding upon the Party against whom enforcement is
sought.
12.
Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby
incorporated by reference into the Agreement as if written out and included herein. In the event of
any inconsistency between the terms of the body of the Agreement and the Exhibits, the language
of the Agreement will control.
Exhibits to this Agreement are the following:
o
(A) Scope of Work / Technical Specifications
o
(B) Pricing
o
(C) Mesa Standard Terms and Conditions
o
(D) Other
13.
Attorneys’ Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled
to the recovery of its reasonable attorney’s fees, court costs, and other litigation related costs and
fees from the other Party.
14.
Additional Acts. The Parties agree to execute promptly such other documents and to perform
such other acts as may be reasonably necessary to carry out the purpose and intent of the
Agreement.
15.
Headings. The headings of the Agreement are for reference only and will not limit or define the
meaning of any provision of the Agreement.
RESPONDENT CERTIFICATION
By submitting the Response and signing this Certification, the Respondent understands and
certifies to all of the following:
a)
The information provided in Respondent's Response it true and accurate to the best of
Respondent's knowledge.
b)
Respondent is under no legal prohibition that would prevent Respondent from contracting with the
City of Mesa.
c)
Respondent has read and understands the Solicitation packet as a whole (including attachments,
exhibits, and referenced documents) and: (i) can attest that Respondent is in compliance with the
requirements of the Solicitation packet; and (ii) is capable of fully carrying out the requirements of
the Solicitation as set forth in Respondent's Response.
d)
To Respondent's knowledge, Respondent and Respondent's employees have no known,
undisclosed conflicts of interest as defined by applicable law or City of Mesa Procurement Rules.
If Respondent or Respondent employees have a known conflict of interest, Respondent has
disclosed the conflict in its Response.
e)
Respondent did not engage in any anti-competitive practices related to its Response or the
Solicitation. The prices offered by Respondent were independently developed without consultation
or collusion with any other Respondents or potential Respondents.
f)
No gifts, payments or other consideration were made to any City employee, officer, elected official,
agent, or consultant who has or may have a role in the procurement process for the
services/materials covered by the Solicitation.
g)
Respondent grants the City of Mesa permission to copy all parts of its Response including, without
limitation, any documents and materials copyrighted by Respondent: (i) for the City's use in
evaluating the Response; and (ii) to be disclosed in response to a public records request under
Arizona's public records law (A.R.S. § 39-121 et. seq.) or other applicable law, subpoena, or other
judicial process provided such disclosure is in accordance with City of Mesa Procurement Rule
6.13.
h)
If a contract is awarded to Respondent as a result of the Response submitted to the Solicitation
Respondent will:
i.
Provide the materials or services specified in the Response in compliance with all
applicable federal, state, and local statutes, rules and policies;
ii.
Honor all elements of the Response submitted by Respondent to the City including, but not
limited to, the price and the materials/services to be provided; and
iii.
Enter into an agreement with the City based on the terms and conditions of the Solicitation
and the Response, subject to any negotiated exceptions and terms.
i)
Respondent is current in all obligations due to the City including any amounts owed the City and
any licenses/permits required for the general lawful conduct of business. Respondent shall acquire
all licenses/permits necessary to lawfully conduct business specific to the Solicitation prior to the
execution of a contract with the City pertaining to the Solicitation.
j)
The signatory of this Certification is an officer or duly authorized agent of Respondent with full
power and authority to submit binding offers for the goods/services specified herein. Respondent
intends by the submission of this Certification to be bound by the terms of the Certification,
Solicitation, and Response, subject to any negotiated terms/exceptions.
ACCEPTED AND AGREED TO BY RESPONDENT:
Company Name: Holbrook Asphalt, LLC
Signature:w
Printed Na""=J-= D::..;:a;.;vc.:.;is..__ __________ _
Title: Vice President
Date: 7/30/2019
V?/14/2015
Required Response Forms - Page 5 of 5
2020007
[Page 8 of 33
Holbrook Asphalt, LLC
Contract #2020007
Page 9 of 33
Holbrook Asphalt, LLC
Contract #2020007
City Acceptance of Offer
The below document will be executed when Agreement is finalized and awarded.
ACCEPTANCE OF OFFER:
The offer is hereby accepted. The Contractor is now bound to sell the materials or services specified in the
Contract, including all terms and conditions, specifications, addenda, etc. This contract shall henceforth be
referred to as Contract Number 2020007.
Awarded this ____ day of ______________________, 2019.
_________________________________________________
Edward Quedens, CPPO, C.P.M.
As Business Services Director
REVIEWED BY:
By:
Brandy Andersen, CPPB, MPA
Procurement Officer
8/21/19
Digitally signed by Edward Quedens
DN: cn=Edward Quedens, o=Ctiy of
Mesa, Arizona, ou=Business Services,
email=ed.quedens@mesaaz.gov,
c=US
Date: 2019.09.10 07:25:28 -07'00'
Adobe Acrobat version:
2019.012.20034
Page 10 of 33
Holbrook Asphalt, LLC
Contract #2020007
EXHIBIT A
SCOPE OF WORK
1.
SCOPE OF WORK: Contractor will provide Pavement Preservation (High Density Mineral Bond)
services as identified in the Technical Specifications of this contract.
The estimated quantities listed herein are the minimum quantities for the first twelve (12) months.
The quantities presented herein are an estimate of forecasted Pavement Preservation treatments
and in no way are to be used as guaranteed amounts. It is to be understood that these amounts
may change as the City determines the best means for its pavement preservation strategy.
This contract will be utilized by multiple agencies.
Contractor(s) must submit current test results with ninety (90) days of contract award. Test
results shall be from an independent laboratory.
2.
ORDERING AND INVOICING INSTRUCTIONS: Contractor will issue and deliver invoices and
monthly statements separately for each agency. All invoices for the City of Mesa will include the
following information to ensure prompt payment:
a)
Department Name (Transportation)
b)
Department Number (F350)
c)
A valid Purchasing Authorization Number (Master Agreement – MA, Delivery Order – DO,
Purchase Order – PO, Service Contract – SC or Contract – CT)
All three (3) items above should be obtained from City Representative when the order is placed.
A City employee signature accompanied by the Employee ID number is required on all delivery
tickets/slips at City yards to ensure proper receipt of goods.
Failure to comply with the above may result in delayed payment or non-payment of deliveries if City
staff cannot figure out if or where the delivery was made.
Contractor will follow invoicing procedures unique to each agency that utilizes this contract.
Page 11 of 33
Holbrook Asphalt, LLC
Contract #2020007
TECHNICAL SPECIFICATIONS
1.
GENERAL CONSTRUCTION REQUIREMENTS: The City will utilize the most current version of
Maricopa
Association
of
Governments
(MAG):
http://azmag.gov/Programs/Public-
Works/Specifications-and-Details
and/or
City
of
Mesa
Standards
and
Specifications
http://www.mesaaz.gov/business/engineering for inspection and quality assurance of any work
being done under this service agreement. In case of conflict between MAG and the specifications
in this document, the specifications in this document will rule. It will be the responsibility of the
Contractor to ensure that workmanship, materials, equipment, site preparation and all criteria
included in this document meet or exceed these requirements. A City Representative will inspect
all phases of work and any unsatisfactory work or preparation will be redone at no additional cost
to the City. City Representative must give approval prior to continuing on to next work site.
2.
BUSINESS ACCESS REQUIREMENTS: For all arterial and collector streets, Contractor will keep
open access to adjacent businesses and residences at all times, unless otherwise approved in
writing by a City Representative. Contractor will provide sand or lime water (per MAG Section 309)
to prevent tracking. After stabilization of slurry material, all sanded areas will be swept thoroughly.
3.
LOCAL (RESIDENTIAL) ACCESS REQUIREMENTS: For all residential streets, Contractor will
maintain access to all areas receiving a pavement preservation treatment throughout the duration
of the project. Access to homes and convenient parking must be considered when scheduling
work in all residential areas. Under no circumstances will residents be denied reasonable access
to their home and convenient exit/entrance to the area.
4.
ADVANCED WARNING SIGNS: Advanced warning sings (48’’ x 48’’) will be placed on all arterial
and collector streets or neighborhood entries receiving a surface seal coat, a minimum of one (1)
week prior to application. Locations of the signs will be one-half (1/2) mile and one-quarter (1/4)
mile prior to the last intersection of arterial streets and at all residential entrances preceding the
limits of the surface seal project.
The sign can be temporary and movable and must read as follows:
PAVEMENT PRESERVATION PROJECT
BY (COMPANY NAME)
COMPANY CONTACT INFORMATION
FROM (Date) TO (Date)
CONTRACTED BY THE CITY OF MESA
When pavement preservation service is requested in residential areas the above advance warning
signs must be placed at all entrances of affected neighborhoods. The dates will reflect the dates
the application will take place in that area. A minimum of four (4) inch high letters will be used to
make the sign. Letters will be black and placed on a construction orange background. Sign
material will be reflectorized.
At the City’s request, the Contractor will provide self-contained changeable message boards to
announce that work in the roadway ahead is scheduled or is taking place. Contractor will be
compensated for each unit at the daily rate in the bid schedule. See Paragraph 13.
5.
STOP WORK: The City reserves the right to stop work under this service agreement at any time
if, in their opinion:
a.
Weather conditions become adverse for doing requested work;
b.
Work quality is not acceptable;
c.
Other conflicts in Contractor equipment or personnel cause delays in getting work
completed;
d.
Work schedule/location conflicts with other City activities.
Page 12 of 33
Holbrook Asphalt, LLC
Contract #2020007
6.
SCHEDULING OF WORK: Work under this agreement is to be phased and quantities and areas
are subject to change. All work under this agreement will be done solely at the discretion of the
City. The Contractor will submit a proposed work schedule for City approval, prior to beginning any
work on this service agreement.
All work schedules will be coordinated with, and approved by, a designated City Representative.
After the work schedule is submitted, the Contractor must begin work and all work must be
completed by the Contractor and accepted by the City within ten (10) working days, unless
otherwise approved by a City Representative. The City understands that scheduling conflicts or
unforeseen site conditions may require work schedule changes; however, in all cases, schedule
changes must be approved by City Representative.
Typical sequence of work scheduling:
1.
Contractor delivers work schedule to City Representative for approval.
Residential area work schedules must be delivered at least one (1) week in
advance of any work and must provide detail about all required permits, traffic
control plan and parking for residents.
2.
Contractor obtains tests and lays down (at a location determined by City
Representative) sample application of materials. Approval of City Representative
is required before any work begins in the work area.
3.
Contractor completes notification process in accordance with Paragraph 11,
Citizen Notification.
4.
Contractor ensures all materials are available.
5.
Contractor completes work in the area in accordance with the approved work
schedule in Step 1 above. All material tickets must be delivered to City
Representative on a daily basis.
6.
Contractor completes sweeping/clean-up of the area and asks City
Representative for inspection and approval of work.
7.
Within twenty-four (24) hours, Contractor corrects all items noted by City
Representative.
8.
Based on the work area completed and agreed upon by the Contractor and City
Representative, the City will send an invoice authorization.
9.
Contractor sends an invoice to the City using the information provided in the
invoice authorization in step 8 above.
Contractor will not work on any streets during any weekend or other non-workday unless approved
by a City Representative.
7.
SITE CLEAN-UP: Work site cleaning will be required daily to remove any debris caused by the
pavement preservation operation or related activities. All unit bid prices will include clean-up within
the pavement preservation application. No additional compensation will be allowed for the
satisfactory completion of this item.
Page 13 of 33
Holbrook Asphalt, LLC
Contract #2020007
8.
WORK AREA: The City may provide a yard or location for Contractor material staging under this
agreement.
NOW, THEREFORE, in consideration of the mutual promises and conditions hereinafter contained,
the parties to this Agreement agree as follows:
8.1
Use: The City hereby grants Contractor the permission to use the Premises as a
construction staging area for the storage of equipment and/or supplies, and for no other
use, for the purpose of completing pavement preservation projects assigned by the City of
Mesa.
WHEREAS, Contractor desires to use the Premises for a staging area, and City agrees to
permit such use, as long as said contractor provides and maintains the surface of the
Premises in a manner that will prevent measurable dust emissions and track out.
8.2
Nuisance Prohibited: Contractor will not use the Premises in any way which would create,
or cause to be created, nuisances or hazards to the public health or safety and also not to
use or permit any use of the Premises for any illegal or immoral purposes and to comply
with all State laws or local ordinances concerning the Premises or use thereof. Contractor
agrees that the use of the Premises will be conducted in such a manner so as to ensure
the quiet enjoyment of the neighboring properties.
8.3
Maintenance: Contractor will, at their own expense, maintain the Premises in a neat, clean
and orderly condition, and not permit debris to accumulate at any time. Contractor will, at
their own expense, repair any damage to the Premises. Contractor will, at their own
expense, provide for weed control within the Premises.
8.4
Improvements: Contractor will have the Premises fenced with temporary fence and
screening prior to occupation of the Premises. Contractor will not make any additional
temporary or permanent improvements, additions or alterations to the Premises, unless
prior approved in writing by City. Contractor will, at their own expense, remove any such
improvements, additions or alterations after termination of this Agreement. Any
improvements installed on the Premises will in no way encroach, hinder, or impede traffic,
vehicular or pedestrian, on the public right of way.
8.5
Compliance with Laws: Contractor will comply with all applicable laws, ordinances and
regulations, which in any manner affect their use of the Premises or their performance
under this Agreement.
8.6
Independent Contractor: Contractor will not, at any time, purport to act as an agent for the
City or any of its officers or agents.
8.7
City Right to Enter: City will have the right, at all times, to enter upon the Premises. City
will have the right, at all times, to inspect the Premises to see if the terms of this Agreement
are being complied with.
9.
LOCATION OF WORK: During the term of this contract, Contractor will be required to apply a
pavement preservation seal on streets within the boundaries of the City of Mesa.
The order in which the Contractor will complete the work will be at his discretion and as shown on
the Contractor’s approved schedule of work. The Contractor will complete all work in each individual
area prior to moving to the next area, including final inspection and completing all punch list items
as approved by City Representative.
Note: The City reserves the right to change locations, size of area, and order of work or
total area square yardage.
Page 14 of 33
Holbrook Asphalt, LLC
Contract #2020007
10.
SAFETY: Safety vests or high visibility clothing must be worn by Contractor employees at all times
while performing work under this contract.
Contractor will adhere to all regulations, rules, ordinances, and standards set forth by Federal,
State, County, and City of Mesa governments when providing these services. Contractor will be
responsible for the training and instruction of all workers, employees and subcontractors on all
required job safety standards and traffic safety. Upon request, Contractor will demonstrate to the
City’s satisfaction any programs, procedures and other activities used to ensure compliance.
Contractor will be responsible for providing and for the placement of barricades, tarps, plastic, flag
tape and any other safety/traffic control equipment, within their work sites, required to protect its
employees, the public, surrounding areas, equipment and vehicles. The flow of vehicular traffic will
not be impeded at any times during this project without the prior approval of the City. Contractor
will notify the City, in writing, whenever any violation, citation or warning is received for
noncompliance in any safety or health related issue while providing these services.
11.
CITIZEN NOTIFICATION: Contractor will notify the property owners, tenants, post office, mass
transit authorities and any other parties which may be affected, in writing and distribute the notice
at least forty eight (48) hours prior, and no earlier than seventy two (72) hours prior, to doing any
work on or in front of any driveway or for any street restrictions that will affect access to their
property. Contractor will provide copies to City Representative for notification of City departments,
such as Environmental Management and Sustainability, Police, and Fire Departments. The
notification will be for the purpose of allowing the referenced parties to remove any vehicles,
reschedule routes, etc. as required, prior to construction and should specify the length of time the
driveway and/or street will be out of service. For residential streets, the notification will include
where temporary parking is available and will not be permitted during the affected time. Alternate
access will be provided as directed by City Representative at no additional cost to the City.
If there are any delays in the construction, property owners and other affected entities will be
notified of the delays and then re-notified of the new schedule. Re-notification will also be done in
writing and at least forty-eight (48) hours prior, and no earlier than seventy-two (72) hours prior, to
doing any construction work in the notification area. All costs incurred for notification will be
provided at no additional cost to the City.
Contractor will respond to all customer/citizen calls or complains resulting directly or indirectly from
this project within two (2) hours of receipt and will resolve any issue within forty-eight (48) hours.
This will be done at no additional cost to the City.
Contractor will resolve all complaints regarding sealant tracking on driveways and is responsible
for cleaning all driveways to the satisfaction of the resident and City Representative. This will be
done at no additional cost to the City. During resolution of these complaints, City Representative
will be present. City Representative will be notified within twenty- four (24) hours of all complaints
received.
The City of Mesa will furnish a notification template that will be used to notify residents and
businesses.
It is the Contractor’s responsibility, at no additional cost to the City, to assure that property owners
are notified, de-notified and re-notified in writing, if changes in work schedule become necessary.
12.
TEMPORARY TRAFFIC CONTROL (TTC) PERMIT: All persons, Contractors, utilities, and other
agencies including City departments must obtain a TTC permit if they are to restrict access (partial
or complete closures) on public streets, sidewalks, bike lanes, alleys or other public facility except
as noted in the City of mesa Temporary Traffic Control Rules and Procedures. The permit
authorizes restrictions to be in place as specified on the permit but does not guarantee the
Page 15 of 33
Holbrook Asphalt, LLC
Contract #2020007
requester exclusive rights to occupy a particular portion of the public right-of-way. Weather,
emergencies, incidents, or other projects and special events might require rescheduling of
activities. The City will attempt to identify all known potential conflicts so they can be resolved
cooperatively among those involved.
Unless otherwise exempted by the TTC Rules and Procedures, TTC permits are required for
restrictions on local streets as well as on collector and arterial streets. In the case of unplanned
restrictions due to emergencies, notify Transportation as soon as practical at 480-644-4TTC (4882).
Applications may be submitted in person, via fax, or email (email submittal button at the end of
application form).
In Person: Mesa Transportation, 300 E. 6th Street, Monday-Thursday 7:00 AM to 6:00 PM
By Fax: 480-644-3130 Attention: Traffic Barricade Coordinator
By Email: Email completed application form to barricade@mesaaz.gov
Please refer to the City of Mesa web site for complete details:
https://www.mesaaz.gov/residents/transportation
13.
CHANGEABLE MESSAGE BOARD: At the request of City Representative, Contractor will supply
changeable message boards. Prices will include transport to and from job site and all required
maintenance during the requested time period. The board will meet or exceed the following
specifications:
o
Will be a complete and operational portable unit which will consist of a wheeled trailer with
an adjustable, changeable message board, board message controller and a self-contained
power supply.
o
The power supply for the changeable message board will be a fully independent self-
contained trailer-mounted system. The power supply will be batteries which are recharged
from a solar panel mounted above the changeable message board.
o
The changeable message board will have three (3) lines of copy with a minimum of eight
(8) characters per line.
o
The programmable message board will be capable of displaying moving arrow patterns as
one of the operator-selected programs. The programmable message board will be capable
of displaying a minimum of three (3) lines of message copy.
o
The message board will be clearly visible and legible from a distance of eight hundred
(800) feet under both day and night conditions.
14.
ADOT INTERSECTION PROCEDURES: All work for intersecting ADOT street segments require
special work phasing, permits and traffic control. All additional costs associated with these
areas will be included in the contract price and no additional compensation will be approved
by the City.
15.
TRAFFIC CONTROL AND BARRICADES: All costs for traffic control and barricades for all
activities/repairs will be included in the bid price for those items.
Contractor will comply at all times with the City of Mesa Traffic Barricade Manual for those portions
of this project that are inside the City limits. The cost for any damage to traffic signal equipment
(loop detectors, pull boxes, conduit, etc.) is the Contractor’s responsibility. All repair work will be
done by Contractor at his own expense to the satisfaction of the City of Mesa Traffic Signal Group.
Copy of standards may be obtained from the Building Safety Division.
Page 16 of 33
Holbrook Asphalt, LLC
Contract #2020007
Contractor will furnish or arrange for the rental of all signs, cones, and other traffic control devices
and all equipment necessary for the control of traffic. No additional payment will be made to the
Contractor other than what is provided for in this contract. Sidewalks and other pedestrian
walkways will not be restricted unless otherwise approved by City Representative.
During non-peak hours, one (1) traffic lane in each direction on arterial or collector streets and left
turn lanes at major intersections will remain open. Left turns may be prohibited only as directed
by City of Mesa Representative.
During the peak hours of 6:30 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m. there will be no work
on arterial streets and all existing traffic lanes will remain open. During the peak hours, collector
streets will remain open as described below:
•
At intersections, a minimum of one (1) through-lane will be open to traffic on both the
approach and departure sides, and a minimum of one (1) left turn lane will remain open
on each approach to the intersection. Left turns may be prohibited as directed by City
Representative.
•
On collector and residential streets, a minimum of one (1) traffic lane will be open to
traffic in each direction.
The Contractor will arrange his schedule so that the work complies with the time restrictions outlines
above, unless otherwise approved in writing by City Representative. Any barricades or signs
restricting flow in the open traffic lanes of arterial and collector streets will be removed by 4:00 p.m.
The following requirement applies to all streets (residential, collector, arterial and
intersections):
The Contractor will submit a certification statement signed by the Contractor and the barricade
subcontractor stating that they certify and warrant that the barricades will be erected and
maintained in compliance with the barricade manual.
The Contractor will employ a “designated” person who will be responsible for ensuring that all
barricades, signs, barricade lights, signals, and other traffic control devices are established and
maintained in strict compliance with the City of Mesa Traffic Barricade Manual and the contract
requirements. The designated person will:
•
Inspect all barricading and traffic control devices on a regular, recurring basis and submit
a daily (including weekends and holidays) report, in writing, to Representative of such
inspections the next workday;
•
Ensure that existing City-owned traffic signals do not conflict with barricades and signs
or give misleading signals to pedestrians and motorists. They will immediately bring
conflicting conditions to the attention of City Representative. Representative will
coordinate with the City’s Traffic Signals Group for any required changes to traffic signal
sequencing, timing, or outages;
•
Ensure that flagmen, when employed, are trained in accordance with the O.S.H.A.
regulations (29 CFR 2926.201 Signaling) and;
•
Immediately respond to call-outs by City Representative or Base Operations; cooperate
with Police or Fire Department Investigators; and, on their own responsibility, re-establish
barricades and traffic control devices, as necessary.
Contractor will certify, by letter, that the designated person has read and will comply with the
requirements of the City of Mesa Traffic Barricade Manual. The Safety Certification letter will be
Page 17 of 33
Holbrook Asphalt, LLC
Contract #2020007
provided to the City at the pre-construction conference. The Safety Certification should include the
name of the “designated” person, the name of the “competent” person (if different from the
designated person), telephone numbers where they can be reached twenty-four (24) hours a day,
and any restrictions or limitations on their duties and authorities.
Costs incurred by the requirements of this section will be included in the bid items listed on the
Pricing Sheet (listed as Attachment A). No additional payment will be made for barricades, other
traffic control devices, salaries, or other work or materials required by this section.
16.
POLICE OFFICER: In accordance with the City of Mesa Barricade Manual, a uniformed, off-duty,
City of Mesa Law Enforcement Officer is required at major intersections and other locations where
restrictions are present. In these cases, City of Mesa Officers will be given the first opportunity to
fulfill this requirement. If City of Mesa Officers are not available, other jurisdiction’s officers may be
used. The Contractor is responsible for making all arrangements with the City for these services if
required. No reimbursements will be made for this service and costs shall be included in the
unit bid price(s).
17.
TEMPORARY PAVEMENT MARKINGS: Temporary pavement markers must be installed when
existing pavement markings are to be eradicated. The temporary pavement markers must be
installed on the existing surface and exposed after the new pavement preservation seal has been
applied. Makers will comply with ADOT Standard Specifications 701-2.05 and ADOT Standard
Drawing M-20, “L” Design.
https://www.azdot.gov/business/ContractsandSpecifications/Specifications.
Unless otherwise specified by City Representative, spacing will be forty (40) feet. Temporary
pavement markings must be included in the bid price(s).
18.
RESTRIPING: Restriping of the pavement may be requested by the City after the roadway has
been sealed.
18.1.
Mainline (Longitudinal) Pavement Markings: Markings or striping which are typically
installed or at a fairly rapid speed using a mainline truck that has a driver and operator(s).
The types of markings to be installed or removed will include lane lines, center lines, edge
lines, gore lines and storage lines. All mainline waterborne paint installation shall be fifteen
(15) wet mils with eight (8) pounds per gallon of glass bead.
18.2.
Shortline (Transverse) Pavement Markings: Markings or striping that is typically installed
using a walk behind hand cart, a handheld sprayer, or torched onto the pavement. The
types of markings installed include crosswalks, intersection Page 11 of 33 MRM
Construction Services, Inc. Contract #2018194 guide lines, stop bars, bike markings,
legends, arrows, raised curb painting and railroad markings. Pavement letters or numbers
will include up to four (4) letters or numbers per unit (ONLY, 202N, etc.). All Shortline
waterborne paint installation of line, symbol or curb will be installed at fifteen (15) wet mils
with eight (8) pounds per gallon of glass bead. It will be the responsibility of the Contractor
to provide shortline symbols.
18.3. Approved Product List: The following materials are approved for use for mainline and
shortline markings and reflect the minimum standard to be used:
•
Paint: EF series High Build Fast Dry Waterborne 985221 (White) 985222
(Yellow) or approved equal.
•
Glass Beads: Type 1, ADOT standard specification section 708 glass bead
18.4. Appearance, Width and Placement of Markings: The finished mainline pavement marking
will have well defined edges and be free from waviness that is noticeable to users of the
Page 18 of 33
Holbrook Asphalt, LLC
Contract #2020007
roadway as judged by the City. Lateral deviation of the line will not exceed one (1) inch in
one hundred (100) feet. Painted lines will be four (4) or eight (8) inches wide as directed
by City specifications, with a tolerance of plus/or/minus one eighth (1/8) inch and will be
placed at a minimum rate of sixteen (16) gallons per mile for a solid four (4) inch line and
four (4) gallons per mile for a broken four (4) inch line based on a ten (10) foot stripe and
a thirty (30) foot gap (40 foot cycle aggregate). The length of a painted segment and gap
will not vary more than six (6) inches in a forty (40) foot cycle. When are placed over
existing pavement markings, unless otherwise directed by the City, the new pavement
marking will accurately overlay the existing pavement markings. The finished Shortline
pavement marking line will have well defined edges and be free from waviness that is
noticeable to users of the roadway as judged by the City. After application and sufficient
drying time, the markings will show no appreciable deformation or discoloration under local
traffic conditions in an air and/or road temperature ranging from - 10° to + 180°F. When
markings are placed over existing pavement markings, unless otherwise directed by the
City, the new pavement markings will accurately overlay the existing pavement markings.
Overlaying of existing legend and symbols will match the existing markings within one-half
(1/2) inch.
18.5.
Inspection and Quality Assurance: The City will be using the most current version of the
Maricopa Association of Governments (MAG) Uniform Standard Specifications and Details
for Public Works and/or City of Mesa Standards and Specifications for inspection and
quality assurance of all work. Contractor will be responsible for ensuring all workmanship,
materials, equipment, and site preparation meets or exceeds these requirements. The City
Representative will inspect all phases of work and any unsatisfactory work or preparation
will be redone at no additional cost to the City.
18.6. Method of Measurement: All work will be based on actual linear feet of pavement marking
and rounded to the nearest whole foot using conventional rounding methods. The
installation of pavement marking lines will be measured by the linear foot along the center
line of the pavement marking line (or stripe). No measurement will be made of gaps (e.g.
area of no marking) between the dashed lines. Contractor will submit a detailed account
for each road segment. Account will provide detailed information on the amount of
pavement marking material (by type) that was applied.
19.
INSPECTION/QUALITY ASSURANCE: The City will designate a Representative assigned to this
project that will inspect and make final approval of all completed work. Upon request by the City,
Contractor shall furnish City Representative with material samples for testing.
20.
PROTECTION OF EXISTING SERVICES: Contractor will take all necessary precautions to
prevent slurry seal or other material used on the work from entering or adhering to all storm
sewer gratings, valve boxes, manhole, etc. A squeegee method will not be permitted.
Immediately after surfacing, Contractor will clean off any such material and leave any such
grating, manholes, etc. in a satisfactory condition.
21.
WORK CREW SUPERVISION: Contractor will provide qualified supervision of each crew at all
times while performing work under this contract. Each supervisor must be able to converse in the
English language and shall be authorized by the Contractor to accept and act upon all directives
issued by the City. Failure for the supervisor to act on said directives shall be sufficient cause to
give notice that the Contractor is in default of the contract unless such directives would create
potential personal injury or safety hazards or are contrary to the intent of these specifications.
Contractor will provide a cellar telephone for the Contractor’s on-site supervisor and/or foreman.
Contractor will be responsible for payment of all phone charges. All communication equipment
shall be maintained in proper working condition at all times.
Page 19 of 33
Holbrook Asphalt, LLC
Contract #2020007
22.
MEASUREMENTS: All work by Contractor will be inspected and approved by City Representative
prior to processing any pay request. Payment will be based on unit bid price and the total quantity
of each bid item satisfactorily and completed and measured jointly by City Representative and
Contractor (to the nearest whole square yard using conventional rounding methods). Any questions
relating to measurements will be resolved prior to invoice submittal. The City will endeavor to make
payment for approved work within thirty (30) business days of being submitted.
23.
CONTRACTOR PERFORMANCE: The City’s Representative or other authorized representative
will decide all questions arising as to the quality and acceptability of any work performed under this
contract. If, in the opinion of the City’s Representative, performance becomes unsatisfactory, the
City will notify the Contractor. In the even the unsatisfactory performance is not corrected within
the time specified by the City Representative, the City will have the immediate right to complete the
work to its satisfaction and will deduct the cost to cover any balances due or to become due the
Contractor. Repeated incidents of unsatisfactory performance may result in cancellation of the
agreement for default.
For example, if the Contractor fails to complete the Citizen Notification in the required time frame,
the City may choose to notify the Contractor of the violation by email or verbally. Additional
violations of the same requirement may result in a formal notice to cure the unsatisfactory
performance. Continued violations of the same or similar contract requirement may result in
additional formal actions up to and including contract termination.
24.
PERMITS: Contractor is advised that a variety of permits may be needed to perform this work,
including but not limited to dust control permit as required by the Maricopa County Environmental
Service Department and/or City, County and ADOT barricade and traffic control permits. It will be
Contractor’s sole responsibility to obtain these permits and all other permits and approvals needed
to complete the work and comply with its requirements. If any permit is required for the work,
Contractor will provide a copy of a dust or traffic control plan for work under this agreement to City
Representative prior to the start of work.
Page 20 of 33
Holbrook Asphalt, LLC
Contract #2020007
TECHNICAL SPECIFICATIONS (HIGH DENSITY MINERAL BOND)
SEAL COATS
•
HIGH DENSITY MINERAL BOND
1.
HIGH DENSITY MINERAL BOND:
1.1
Material Specifications:
A.
Asphalt Binder:
Emulsified Asphalt: inorganic, non-ionic, thixotropic mineral colloid at twenty-five (25)
degrees C that meet the following requirements:
Table 1 – Emulsion Properties
Criteria
Standard
Min
Max
Brookfield Viscosity @ 77Deg F (spindle 5,20
rpm) cPs
ASTM D 2196
11,000
20,000
pH
ASTM E 70
5.0
7.5
Density, lbs/gal
AASHTO T 59
8.5
9.0
Asphalt Cement Content, % by weight
ASTM D 2172
45
50
Solids Content, % by weight
AASHTO T 59
50
54
Ash Content, % by weight
AASHTO T 111
4.0
6.0
B.
Aggregate:
Clean and free from organic matter and other detrimental substances. Composed of
sand, clay, slate and conundrum. Properties of slate and corundum as follows:
Table 2 – Slate
Physical Properties
Criteria
Standard
Min
Max
Specific Gravity
ASTM C 128
--
2.7
Compression, psi
ASTM C 170
11,000
--
Table 3 - Corundum
Physical Properties
Criteria
Standard
Min
Max
Specific Gravity
ASTM C 128
3.9
--
Knoop 100 Hardness
ASTM D 1326
2,000
--
Ball Mill Friability (14 grit)
ASTM B 74.8
--
50
C.
Additives:
1. Water is Clean, non-detrimental, and free from salts and contaminant.
2. Polymers and other additives are necessary to achieve mix design performance.
D.
Mix Design:
Completed high density mineral bond materials, prior to being loaded for install, must
meet the following requirements:
Page 21 of 33
Holbrook Asphalt, LLC
Contract #2020007
Table 4- Mix Properties
Criteria
Standard
Min
Max
Asphalt Content, % by weight
D 2172
17
20
Solids Content, % by weight
D 1644
55
63
Initial Brookfield Viscosity @ 77 deg F
(Spindle 4, 20 rm), cPs
D 2196
5,500
9,000
Ash Content, % by weight
T 111
38
--
Ash Content of Solids, % by weight (a)
T 111
65
--
Density, lbs/gal
T 59
11
--
pH
E 70
6.0
8.0
Total Inorganic Aggregate Content, % by
weight (b)
T 111
37
--
Total Sand Content, % by weight
1.0
6.0
Maximum VOC, g/L
D 3960
0
5
Resistance to Re-emulsification
D 2939
No Re-
mulsification
Wear Resistance, % loss by weight (c)
D 2486
--
4
Notes:
(a) Ash content as a percentage of solids content.
(b) Ash content of completed mix minus ash content of base non-ionic emulsion. Total
inorganic aggregate content is defined as slate, refined corundum, and sand.
(c) ASTM D 2486 (Modified): Prepare sample at 48 wet mills on glass panel. Dry at 77
deg F for three (3) days. Immerse in water for 34 hours at 77 deg F. Test scrub
resistance with 1,000 gram brush for 12,000 cycles. Report percent of dry film lost.
1.2
Construction Equipment:
A.
Use a continuous flow mixing unit:
1.
Capable of applying at least fifteen thousand (15,000) square yards of material per
day.
2.
Equipped with full sweep agitation system to assure proper suspension of fine
aggregates.
3.
Equipped with an operator control station that adjust material spread rate in
accordance with project calibration process.
4.
Equipped with a filtering system to catch particles that plug nozzles.
5.
Equipped with a retractable spray bar capable of applying mixture without drilling.
The bar should be positioned to meet the calibration requirements.
B.
Storage Tanks
1.
When delivering mix from the central mixing plant to a job site storage tank, use
only storage tanks with a capacity to contain entire transport load.
2.
Ensure that all site storage tanks have internal full sweep mixing mechanisms and
mixing capability that can provide at any given point in the tank homogenous mix.
1.3
Preparation:
A.
Calibration: On a test strip at least three hundred (300) feet long, determine the correct
pump settings, spray bar height, and ground speed for the application equipment.
Page 22 of 33
Holbrook Asphalt, LLC
Contract #2020007
Apply material with pump settings at eighty (80) percent of maximum output (plus or
minus five (5) percent) and at a ground speed of three hundred (300) to four (400)
hundred feet per minute.
1.
Do not begin or continue application without the City’s knowledge of the calibration
process and settings.
2.
Do not deviate from calibration settings without the City’s knowledge.
B.
Surface repairs: to be determined on an as needed basis.
B.
Masking: Mask-off street fixtures, end of streets and intersections.
C.
Traffic Control:
1.
Implement traffic control plan requirements in association with the City’s traffic
control protocols. Provide safe passages for pedestrians and vehicles.
2.
If existing markings and stripes are to be reestablished, use reflective tabs to mark
existing locations before applying surface treatment materials, cost to be included
in the unit bid price(s).
D.
Cleaning:
1.
Remove loose material, mud spots, sand, dust, oil, vegetation, and other
objectionable materials.
2.
Do not flush water or apply pressurized water over cracked pavement unless the
City allows its use and there is sufficient time to allow to dry.
1.4
Protection:
A.
Trees, plants, and ground cover:
1.
Protect trees, plants and other ground cover from damage
2.
Prune trees to allow equipment passage underneath. Repair tree damage at no
additional cost to the City.
B.
Protect structures, curb, gutter, sidewalks, guardrails, guide posts, etc. from physical
damage.
1.5
Application:
A. This contract will be bid by a per coat basis
B.
Two separate application coats are required. The first application must be thoroughly
set and free from damp areas before the second application begins.
C.
Spreading:
1. Keep material delivery at constant rate even if forward speed of lay-down machine
varies.
2.
Do not reduce application rate along edges or around manhole covers.
3.
Apply both applications right to the edge of pavement. Do not leave uncovered
areas near curbs, street fixtures, or edges on either application.
Page 23 of 33
Holbrook Asphalt, LLC
Contract #2020007
4.
Make straight lines at all locations.
5.
Place product out of right-of-way line on side streets and intersections.
6.
Use hand squeegees to spread mix in areas that cannot be reached with
distribution spray bar.
a.
Provide complete and uniform coverage.
b.
Avoid unsightly appearance from hand work.
D.
Joints:
1.
Make transvers joints straight-cut butt type, not overlap type.
2.
Place longitudinal joins on lane lines. Limit overlap to three (3) inches maximum.
3.
Stop and correct operation of longitudinal or transvers joints that have uncovered
areas or unsightly appearance.
E.
Tolerances:
1.
First application: 0.20 gallons per square yard minimum.
2.
Second application: 0.16 gallons per square yard minimum.
F.
Field Quality Control:
1.
Emulsion density testing, AASHTO T 59. If testing shows material non-compliant,
remove installed product and halt operations until new material is delivered and is
known to be in compliance.
2.
Measure the total amounts of material installed and verify if it meets the application
rate.
1.6
After Application:
A.
Raise reflective tabs that were covered over by application
B.
Clean street fixtures
C.
Do not apply permanent pavement markings or striping until at least ten (10) days
after application of material. Layout must be approved by the City.
D.
Repair
1.
Remove delaminated or non-compliant product found after installation and apply
acceptable product.
2.
Remove spatter, marks and overcoat from curb, gutter, sidewalk, guardrails, guide
posts, etc.
3.
Remove overcoat from street fixtures.
4.
Make edge and end lines straight.
5.
Leave no streaks, holes, bare spots, or cracks through which liquids or foreign
matter could penetrate to the underlying pavement.
6.
Repair collateral damage caused by construction.
H.
Opening to Traffic
1.
Cure time depends on type of asphalt, mixture characteristics and weather. Keep
traffic off surface until material does not track.
PRICING
Item No.
Description
Unit of Measure
Unit Price
Estimated Annual
Quantity
Total Price
1
High Density Mineral Bond (Standard 2 Coat Process per
Technical Specifications) - material, application, traffic
control and mobilization (Maricopa County)
Square Yard
$
1.80
250,000
$ 450,000.00
2
High Density Mineral Bond (Maintenance Coat - Only 1
application) - material, application, traffic control and
mobilization (Maricopa County)
Square Yard
$
1.26
250,000
$ 315,000.00
$ 765,000.00
3
Additional mobilization charge for Northern Arizona (North)
of Maricopa County) *This is the price per mobilization.
Actual mobilization may vary throughout the term of the
contract.
Per
$
9,500.00
1
$
9,500.00
4
Additional mobilization charge for Southern Arizona (South)
of Maricopa County) *This is the price per mobilization.
Actual mobilization may vary throughout the term of the
contract.
Per
$
9,500.00
1
$
9,500.00
Additional items the City of Mesa May require during this
contract for traffic control and pavement markings.
Changeable Message Board
Week
$
504.38
Temporary Pavement Markers
Each
$
2.00
Four (4) inch wide striping, traffic paint white or yellow
LF
$
0.42
Eight (8) inch wide striping, traffic paint white or yellow
LF
$
0.84
Stop bar eighteen (18) inch wide striping, traffic paint white
LF
$
3.13
Crosswalk, twelve (12) inch wide striping, traffic paint white
or yellow.
LF
$
2.19
Cross hashing, cheveron striping, eight (8) inch wide, traffic
paint white
LF
$
1.56
Arrows and bike markings striping, traffic paint white
Each
$
218.75
DELIVERY: See Mesa Standard Terms and Conditions.
Vendor Name: HOLBROOK ASPHALT CO.
Date: JULY 30, 2019
7/15/19
RFB # 2020007
Pursuant to all the contract specifications enumerated and described in this Solicitation; Respondent agrees to furnish Pavement Preservation Services (High
Density Mineral Bond) to the City of Mesa at the price(s) stated below.
The City will add any applicable sales tax or use tax. Sales/Use taxes should not be included in the bid prices. Vendors who will be charging
a Mesa Transaction Privilege Tax (TPT) will have a 2.00% removed from the taxable item(s) for the purpose of award evaluation (i.25).
High Density Mineral Bond
Total Bid Price:
Page 24 of 33
Holbrook Asphalt, LLC
Contract #2020007
Exhibit B
Page 25 of 33
Holbrook Asphalt, LLC
Contract #2020007
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
1.
INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor’s employees, not City employees.
Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system, paid
time off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers’
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
2.
SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work,
it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.
3.
ASSIGNMENT. This Agreement may not be assigned, either in whole or in part, without first
receiving the City’s written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right, at its option, to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
4.
SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
5.
NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights,
or responsibilities in any third parties.
6.
NON-EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
7.
AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
8.
TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations
under this Agreement.
9.
COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits/licenses and pay all charges and fees necessary
and incidental to the lawful conduct of business. Contractor must stay fully informed of existing
and future federal, state, and local laws, ordinances, and regulations that in any manner affect
the fulfillment of this Agreement and must comply with the same at its own expense. Contractor
bears full responsibility for training, safety, and providing necessary equipment for all
Contractor personnel to achieve compliance throughout the term of the Agreement. Upon
request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and
other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
Page 26 of 33
Holbrook Asphalt, LLC
Contract #2020007
in writing by Contractor that they are prohibited from the manufacture, distribution,
dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel
and will ensure that Contractor personnel do not use or possess illegal drugs while in the course
of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the
City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
i.
As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby
warrants to the City that Contractor and each of its subcontractors will comply with, and
are contractually obligated to comply with, all federal immigration laws and regulations that
relate to their employees and A.R.S. § 23-214(A) (hereinafter collectively the “Contractor
Immigration Warranty”).
ii.
A breach of the Contractor Immigration Warranty will constitute a material breach of this
Agreement and will subject Contractor to penalties up to and including termination of this
Agreement at the sole discretion of the City.
iii. To ensure Contractor and its subcontractors are complying with the Contractor Immigration
Warranty, the City retains the legal right to conduct random verification of the employment
records of any Contractor or subcontractor employee who works on this Agreement,
including the inspection of the papers of such employees. Contractor agrees to assist the
City in regard to any random verification performed.
v. Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274a and
274b of the Federal Immigration and Nationality Act and the E-Verify requirements
prescribed by A.R.S. § 23-214(A).
d. Nondiscrimination. Contractor understands and acknowledges that it is the policy of the City
of Mesa to promote non-discrimination. As such, Contractor represents and warrants that it
does not discriminate against any employee or applicant for employment or person to whom it
provides services because of race, color, national origin, age, disability, religion, sex, sexual
orientation, gender identity and expression, veterans’ status, marital status, or genetic
information, and represents and warrants that it complies with all applicable federal, state, and
local laws and executive orders regarding employment. In performance under this Agreement,
Contractor and Contractor’s personnel will comply with applicable provisions of the following
laws (as amended): Title VII of the U.S. Civil Rights Act of 1964, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and any
other applicable non-discrimination laws and rules.
e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in
violation of section 6(j) of the Federal Export Administration Act and subsequently prohibited
by the State of Arizona from selling goods or services to the City.
f.
Israel Boycott Divestments. In accordance with the requirements of A.R.S. § 35-393.01, if
the Agreement requires Contractor to acquire or dispose of services, supplies, information
technology or construction, then, by entering into this Agreement, Contractor certifies that it is
not currently engaged in, and agrees for the duration of the Agreement to not engage in, a
boycott of Israel.
Page 27 of 33
Holbrook Asphalt, LLC
Contract #2020007
10.
SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes
related to or arising out of Contractor’s services under this Agreement including, by way of
illustration but not limitation, federal and state income tax, Social Security tax, unemployment
insurance taxes, and any other taxes or business license fees, as required. If any taxing
authority should deem Contractor or Contractor employees an employee of the City, or should
otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility
under this Agreement, then Contractor will indemnify the City for any tax liability, interest, and
penalties imposed upon the City.
b. The City is exempt from paying certain federal excise taxes and will furnish an exemption
certificate upon request. The City is not exempt from state and local sales/use taxes.
11.
AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations,
whether or not related to the Agreement, due to the City during the performance of services under
the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or
fees and charges owed to the City.
12.
PUBLIC RECORDS. Contractor acknowledges that the City is a public body, subject to Arizona’s
public records laws (A.R.S. § 39-121 et seq.) and any documents related to this Agreement may
be subject to disclosure pursuant to state law in response to a public records request or to
subpoena or other judicial process.
a. If Contractor believes documents related to the Agreement contain trade secrets or other
proprietary data, Contractor must have notified the City pursuant to Mesa Procurement Rules
Section 2.1 or notified the City with a notification statement specifically identifying the trade
secrets or other proprietary data that Contractor believes should remain confidential.
b. In the event the City determines it is legally required to disclose pursuant to law any documents
or information Contractor deems confidential trade secrets or proprietary data, the City, to the
extent possible, will provide Contractor with prompt written notice by certified mail, fax, email
or other method that tracks delivery status of the requirement to disclose the information so
Contractor may seek a protective order from a court having jurisdiction over the matter or obtain
other appropriate remedies. The notice will include a time period for Contractor to seek court
ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor
does not obtain such court ordered protection by the expiration of said time period, the City
may release the information without further notice to Contractor.
13.
AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six
(6) years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect all payroll, billing or other relevant records kept by Contractor in relation to the Agreement.
Contractor will permit such inspections and audits during normal business hours and upon
reasonable notice by the City. The audit of records may occur at Contractor’s place of business or
at City offices, as determined by the City.
14.
BACKGROUND CHECK. In accordance with the City’s current background check policies, the
City may conduct criminal, driver history, and all other requested background checks of Contractor
personnel who would perform services under the Agreement who will have access to the City’s
information, data, or facilities. Any officer, employee, or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
15.
SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether any individual or entity
may provide services under this Agreement. If the City objects to any Contractor personnel for any
Page 28 of 33
Holbrook Asphalt, LLC
Contract #2020007
reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove
any such individual from performance of services under this Agreement.
16.
DEFAULT.
a. A party will be in default of the Agreement if that party:
i.
Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that affects
Contractor’s capability to perform under the Agreement;
ii.
Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar
days;
iii. Conducts business in an unethical manner as set forth in the City Procurement Rules
Article 7 or in an illegal manner; or
iv. Fails to carry out any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with Article 6 of the City’s Procurement
Rules.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party will
provide written notice to the defaulting party of the default. The defaulting party will have thirty
(30) days from receipt of the notice to cure the default, unless the default is of a nature that it
is reasonably anticipated to affect the health, safety or welfare of the public and, in such an
event, the non-defaulting party may require a minimum seven (7) days to cure the default from
the date of receipt of the notice; the cure period may be extended by mutual agreement of the
parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be
sufficient if it is reasonably calculated to provide notice of the nature and extent of such default.
Failure of the non-defaulting party to provide notice of the default does not waive any rights
under the Agreement. Failure of the defaulting party to cure the default will entitle the non-
defaulting party to the election of remedies specific to the party as set forth in section 17 below.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor’s intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event demand is made and no written
assurance is given within ten (10) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement entitling the City to terminate the Agreement in
accordance with section 17(a) below.
17.
REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services or materials required under the Agreement from the open
market, complete required work itself, or have it completed at the expense of Contractor. If the
cost of obtaining substitute services exceeds the contract price in the Agreement, the City may
recover the excess cost by: (i) requiring immediate reimbursement by the Contractor to the
City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal
and performance security, if any; (iv) collection against liquidated damages (if applicable); or
(v) a combination of the aforementioned remedies or other remedies as permitted by law.
Costs in this Subsection (b) include any and all, fees, and expenses incurred in obtaining
substitute services and expended in obtaining reimbursement including, but not limited to,
administrative expenses, attorneys’ fees, and costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
Page 29 of 33
Holbrook Asphalt, LLC
Contract #2020007
d. Neither party will be liable for incidental, special, or consequential damages.
18.
CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
19.
TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement, in
part or in whole, for its sole convenience upon thirty (30) calendar days’ written notice. Contractor
acknowledges that, as with any termination permitted under this Agreement, in the event of a
termination for convenience, Contractor is only entitled to payment in accordance with section 22
(Payment to Contractor Upon Termination); Contractor will not be entitled to any anticipated lost
profits had the Agreement been performed to completion.
20.
TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuant to A.R.S. § 38-511,
the City may cancel this Agreement within three (3) years after its execution, without penalty or
further obligation, if any person significantly involved in initiating, securing, drafting, or creating the
Agreement for the City becomes an employee or agent of Contractor.
21.
TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines it does not have
funds to meet its obligations under this Agreement, the City will have the right to terminate the
Agreement without penalty on the last day of the fiscal period for which funds were legally available.
In the event of such termination, the City agrees to provide written notice of its intent to terminate
thirty (30) calendar days prior to the stated termination date.
22.
PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement for
any reason, Contractor will be entitled only to payments authorized under the Agreement for those
services performed or materials provided in accordance with the Agreement up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor’s properly prepared final
invoice.
23.
NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this Agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
24.
INDEMNIFICATION; LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold
harmless the City, its elected officials, agents, representatives and employees (collectively,
including the City, “City Personnel”) from and against any and all liabilities, demands, claims,
suits, penalties, obligations, losses, damages, causes of action, fines or judgments of any kind,
including costs, attorneys’, witnesses’ and expert witnesses’ fees, and expenses incident
thereto (all of the foregoing, collectively “Claims”) imposed upon or asserted against City
Personnel by a third party relating to, arising out of or resulting from, in whole or in part: (i)
services or materials provided under this Agreement by Contractor or its officers’, agents’, or
employees’ (collectively, including Contractor, “Contractor Personnel”): (ii) negligent acts,
errors, mistakes or omissions of Contractor Personnel; or (iii) failure of Contractor Personnel
to comply with or fulfill the obligations established by this Agreement. Contractor’s
indemnification, duty to defend and hold harmless City Personnel in this Subsection (a) will
apply to all Claims against City Personnel except Claims arising solely from the negligence or
intentional acts of City Personnel.
b. The City assumes no liability for the actions of Contractor Personnel and will not indemnify or
hold Contractor Personnel or any third party harmless for Claims relating to, arising out of or
Page 30 of 33
Holbrook Asphalt, LLC
Contract #2020007
resulting from, in whole or in part, this Agreement or use of Contractor Personnel-provided
services or materials.
25.
WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman-like and professional manner. The City’s acceptance of services or materials provided
by Contractor will not relieve Contractor from its obligations under this warranty. If the City
reasonably determines any materials or services are of a substandard or unsatisfactory manner,
Contractor, at no additional charge to the City, will provide materials or redo such services until in
accordance with this Agreement and to the City’s reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
26.
THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City
property and will, at the City’s request and expense, furnish to the City reasonable assistance and
cooperation in obtaining recovery, including assistance in the prosecution or defense of suit and
the execution of instruments of assignment in favor of the City.
27.
NO GUARANTEE OF WORK. Contractor acknowledges and agrees: (i) it is not entitled to deliver
any specific amount of materials or services, or any materials or services at all, under this
Agreement; and (ii) the materials or services will be requested by the City on an as needed basis,
at the sole discretion of the City. Any document referencing quantities or performance frequencies
represent the City's best estimate of current requirements, but will not bind the City to purchase,
accept, or pay for materials or services which exceed its actual needs.
28.
OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
29.
USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity
without obtaining the prior written consent of the City.
30.
PROHIBITED ACTS. Contractor acknowledges the applicability of A.R.S. § 38-504 which prohibits
a person who, within the preceding twelve (12) months, is or was a public officer or employee of
the City from representing another person (including Contractor) before the City on any matter for
which the officer or employee was directly concerned and personally participated in during their
service or employment by a substantial and material exercise of administrative discretion. Further,
while employed by the City and for two (2) years thereafter, public officers or employees are
prohibited from disclosing or using, without appropriate authorization, any confidential information
acquired by such person in the course of his or her official duties at the City.
31.
FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
32.
RISK OF LOSS. Contractor agrees to bear all risk of loss, injury, or destruction of Contractor’s
goods or equipment incidental to Contractor providing the services and materials under this
Agreement and such loss, injury, or destruction will not release Contractor from any obligation
hereunder.
33.
SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage or loss to
City real or personal property when such property is the responsibility of or in the custody of
Contractor or its personnel.
Page 31 of 33
Holbrook Asphalt, LLC
Contract #2020007
34.
WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
35.
PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the warranty in section 34,
Contractor will without limitation and at its expense defend the City against all claims asserted by
any person that anything provided by Contractor infringes a patent, copyright, trade secret or other
intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees
awarded against the City in any such action, or pay any settlement of such action or claim. Each
party agrees to notify the other promptly of any matters to which this provision may apply and to
cooperate with each other in connection with such defense or settlement. If a preliminary or final
judgment is obtained against the City’s use or operation of the items provided by Contractor
hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense
and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for
the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having
at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less
reasonable usage, from the time of installation acceptance through cessation of use, which amount
will be calculated on a useful life not less than five (5) years, plus any additional costs the City may
incur to acquire substitute supplies or services.
36.
CONTRACT ADMINISTRATION. The contract will be administered by the applicable Purchasing
Officer and/or an authorized representative from the using department (collectively “Contractor
Administrators”); all questions regarding the Agreement will be referred to the Contract
Administrators. If authorized by the Contract Administrators, supplements or amendments may be
written to the Agreement for the addition or deletion of services. Payment will be negotiated and
determined by the Contract Administrators.
37.
FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will, within five (5) calendar days of the unforeseeable circumstance,
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
38.
COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing
agreements with other Arizona government agencies, including the Strategic Alliance for Volume
Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any
contract may be extended for use by other municipalities, school districts and government agencies
in the State of Arizona with the approval of Contractor. Any such usage by other entities must be
in accordance with the statutes, codes, ordinances, charter and/or procurement rules and
regulations of the respective government agency.
The City currently holds or may enter into Intergovernmental Governmental Agreements (IGA) with
numerous governmental entities. These agreements allow the entities, with the approval of
Contractor, to purchase their requirements under the terms and conditions of this Agreement.
A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor
who is contracted to provide services on a regular basis at an individual school shall obtain a valid
fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing
board shall adopt policies to exempt a person from the requirements of this subsection if the
person's normal job duties are not likely to result in independent access to or unsupervised contact
Page 32 of 33
Holbrook Asphalt, LLC
Contract #2020007
with pupils. A school district, its governing board members, its school council members and its
employees are exempt from civil liability for the consequences of adoption and implementation of
policies and procedures pursuant to this subsection unless the school district, its governing board
members, its school council members or its employees are guilty of gross negligence or intentional
misconduct.
Additionally, Contractor will comply with the governing body’s fingerprinting policy of each individual
school district and public entity. Contractor, subcontractors, vendors and their employees will not
provide services on school district properties until authorized by the school district.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
39.
FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City’s
Purchasing Division.
40.
NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be sent via personally delivery, certified or registered mail
with postage prepaid, overnight courier, or facsimile. If provided by personal delivery, receipt will
be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed
effective three (3) calendar days after being deposited in the United States mail. If sent via
overnight courier, or facsimile, receipt will be deemed effective two (2) calendar days after the
sending thereof.
41.
GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona.
The exclusive forum selected for any proceeding or suit, in law or equity, arising from or incident to
this Agreement will be Maricopa County, Arizona.
42.
INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
43.
PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated herein.
44.
SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
45.
SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any party
from any liability or obligation arising prior to the date of termination.
46.
A.R.S. SECTIONS 1-501 and 1-502. Pursuant to A.R.S §§ 1-501 and 1-502, any person who
applies to the City for a local public benefit (the definition of which includes a grant, contract or
loan) must demonstrate his or her lawful presence in the United States. As this Agreement is
deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship,
Contractor agrees to sign and submit the necessary documentation to prove compliance with the
statutes if applicable.
Page 33 of 33
Holbrook Asphalt, LLC
Contract #2020007
47.
AUTHORITY. Each party hereby warrants and represents that it has full power and authority to
enter into and perform this Agreement, and that the person signing on behalf of each is properly
authorized and empowered to enter into the Agreement. Each party further acknowledges that it
has read this Agreement, understands it, and agrees to be bound by it.
48.
UNIFORM ADMINISTRATIVE REQUIREMENTS. By entering into this Agreement, the Contractor
agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—
UNIFORM
ADMINISTRATIVE
REQUIREMENTS,
COST
PRINCIPLES,
AND
AUDIT
REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
49.
PCI DSS Compliance. In the event any Contractor engages in payment card transactions as a
part of the services provided to the City, Contractor shall comply with the Payment Card Industry
Data Security Standards (“PCI DSS”) and any amendments or restatements of the PCI DSS during
the Term of this Agreement. Contractor accepts responsibility for the security of the City’s and/or
any customer’s credit card data in its possession, even if all or a portion of the services to City are
subcontracted to third parties.