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City
of El Mirage,
Arizona
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ProjectNo:
EM25-NTCPOI
Date:
Aprill5,2025
Materials
and/or Services:
Varney
Road
Speed
Cushion
Installation
OFFER
To the City of El Mirage:
The undersigned hereby offers and agrees to funiish inaterials and/or services in compliance with all terms, conditions, specifications
and amendments in the Contract
Documents except for any written exceptions in the offer.
The signature below also certifies his or her understanding and compliance with paragraph one of the City of El
Mirage Standard Terms and Conditions.
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For
clarification
of this
offer
contact
Name:
Federa}
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ACCEPTANCE
OF OFFER
AND CONTRACT
AWARD
(For
City
of El Mirage
Use Only)
Your offer is hereby accepted. The Contractor is now bound to sell the materials and/or services listed by the attached award notice based upon the solicitation,
inc}uding
all terms conditions, specifications,
ainendments, etc., and the Contractor's
offer as accepted by the City. The Contractor is hereby cautioned not to commence any billable
work or provide any material, service or constniction
under this contract iuitil Contractor receives an executed Purchase Order.
Attested by:
ICity of EI Mirage, Arizona
Eff. Date:
lAp:proved
as to-form'
JiHBoltz,CityClerk
=
IJAuwstainrdPedierocne,CityAttomey
.
.
I
City Seal
I J Crystal
Dyches,
City Manager
Page l
of23
WEtC;no,;f44
GRrUlD HEIII
IAGE ERIGII
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GENERAL
TERMS
AND CONDITIONS
DSD - Engir4eering
10000 N. El Mirage Road
El Mirage, AZ 85335
Phone:
(623)972-8116
Fax:
(623) 876-4605
This project
is located within
the corporate
limits of the City of El Mirage.
This project
will consist of the installation
of
four sets of speed cushions and associated
striping
and signage along Varney
Road between 127'h Avenue and El Mirage
Road.
THE FOLLOWING TERMS AND CONDITIONS ARE AN EXPLICIT PART OF THE SOLICITATION
AND ANY RESULTANT
CONTRACT.
4.
CERTIFICATION:
By signature in the Offer section of the Offer and Contract Award page the Contractor
certifies:
a.
The submission of the offer did not involve collusion
or other anti-competitive
practices.
b.
The Contractor
shall not discriminate
against any employee or applicant for employment.
c.
The Contractor
has not given, offered to give, nor intends to give at any time hereafter any economic opportunity,
future
employment,
gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection
with the
submitted offer. Failure to sign the offer, or signing it with a false statement, shall void the submitted
offer or any resulting
contracts, and the vendor may be debarred.
2.
BRIBES
AND KICK-BACKS:
The General Contractor
shall not by any means:
a.
Induce any person or entity employed in the construction
of the Project to give up any part of the compensation
to which
that person or entity is entitled;
b.
Confer on any governmental,
public or quasi-public
official having any authority or influence over the Project, any
payment, loan subscription,
advance, deposit of money, services or anything of value, present or promised;
c.
Offer nor accept any bribes or kick-backs
in connection
with the Project from or to any individual
or entity, including
any
of its trade contractors,
subcontractors,
consultants,
suppliers or manufachirers
of Project goods and materials;
or,
d.
Without the express written permission
of the Owner, call for or by exclusion
require or recommend
the use of any
subcontractor,
consultant,
product, material, equipment,
system, process or procedure in which the General Contractor
has a direct or indirect proprietary
or other pecuniaiy
interest.
3.
APPLICABLE
LAW:
In the performance
of this agreement, contractors
shall abide by and conform to any and all laws of
the United States, State of Arizona and City of El Mirage including
but not limited to federal and state executive orders
providing
for equal employment
and procurement
opportunities,
the Federal Occupational
Safety and Health Act and any
other federal or state laws applicable
to this agreement.
This contract shall be governed by the City. City and Contractor
shall have all remedies afforded each by the Uniform
Commercial
Code, as adopted in the State of Arizona, except as otherwise
provided in this contract or in statutes pertaining
specifically
to the City.
This contract shall be governed by the laws of the State of Arizona. Any lawsuit pertaining
to this
contract may be brought only in courts in the State of Arizona.
This contract is subject to the provisions
of ARS §38-511; the City may cancel this contract without penalty or further
obligations
by the City or any of its departments
or agencies if any person significantly
involved
in initiating,
negotiating,
securing, drafting or creating the contract on behalf of the City or any of its depaitments
or agencies, is at any time while the
contract or any extension of the contract is in effect, an employee of any other party to the contract in any capacity or a
consultant
to any other party of the contract with respect to the subject matter of the contract.
4.
LEGAL
REMEDIES:
All claims and controversies
shall be subject to resolution
according
to the terms of the City of El
Mirage Procurement
Code.
In the event either party brings any action for any relief, declaratory
or otherwise,
arising out of
Page 2 of 23
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GENERAL
TERMS
AND CONDITIONS
DSD - Engineering
10000 N. El Mirage
Road
El Mirage,
AZ 85335
Phone:
(623) 972-8116
Fax:
(623) 876-4605
this Contract,
or on account of any breach or default
hereof, the prevailing
party shall be entitled
to receive from the other
paity reasonable
attorneys'
fees and reasonable
costs and expenses,
determined
by the court sitting
without
ajury
or arbitration
board, which shall be deemed to have accrued on the commencement
of such action and shall be enforceable
whether
or not
such action is prosecuted
to judgment
or by arbitration
award.
5.
CONTRACT:
The contract
between
the City and the Contractor
shall consist of (1) the Solicitation,
including
instructions,
all temis and conditions,
specifications,
scopes of work, attachments,
price sheet(s) and any amendments
thereto, and (2) the
offer submitted
by the Contractor
in response to the solicitation.
In the event of a conflict
in language
between
the Solicitation
and the Offer, the provisions
and requirements
in the Solicitation
shall govern. However,
the City reserves the right to clarify,
in writing,
any contractual
terms with the concurrence
of the Contractor,
and such written
contract
shall govern in case of
conflict
with the applicable
requirements
stated in the Solicitation
or the Vendor's
offer. The Solicitation
shall govern in all
other matters not affected
by the written
contract.
6.
CONTRACT
AMENDMENTS:
This contract
may be modified
only by a written
Contract
Amendment
signed by persons
duly authorized
to enter into contracts
on behalf
of the City and the Contractor.
7.
CONTRACT
APPLICABILITY:
The Offeror
shall substantially
conform
to the terms, conditions,
specifications
and other
requirements
found within
the text of this Solicitation.
All previous
agreements,
contracts,
or other documents,
which have
been executed
between
the Offeror
and the City are not applicable
to this Solicitation
or any resultant
contract.
8.
PROVISIONS
REQUIRED
BY LAW:
Each and every provision
of law and any clause required
by law to be in the contract
will be read and enforced
as though it were included
herein, and if through
mistake
or otherwise
any such provision
is not
inseited,
or is not correctly
inserted,
then upon the application
of either paity, the contractwill
forthwith
be physically
amended
to make such insertion
or correction.
9.
SEVERABILITY:
The provisions
of this contract
are severable
to the extent that any provision
or application
held to be
invalid
shall not affect any other provision
or application
of the contract,
which may remain in effect without
the invalid
provision,
or application.
10.
RELATIONSHIP
TO PARTIES:
It is clearly understood
that each party will act in its individual
capacity
and not as an
agent, employee,
partner,
joint
venture,
or associate of the other. An employee
or agent of one party shall not be deemed or
construed
to be the employee
or agent of the other for any purpose
whatsoever.
The Contractor
is advised
that taxes or Social
Security
payments
will not be withheld
from any City payments
issued hereunder
and that the Contractor
should make
arrangements
to directly
pay such expenses, if any.
11.
INTERPRETATION-PAROL
EVIDENCE:
This contract
represents
the entire agreement
of the Parties with respect to its
subject matter, and all previous
agreements,
whether
oral or written,
entered into prior to this contract
are hereby revoked
and
superseded
by this contract.
No representations,
warranties,
inducements
or oral agreements
have been made by any of the
Parties except as expressly
set forth herein, or in any other contemporaneous
written
agreement
executed
for the purposes of
carging
out the provisions
of this contact.
This contract
may not be changed,
modified
or rescinded
except as provided
for
herein, absent a written
agreement
signed by both Parties.
Any attempt
at oral modification
of this contract
shall be void and
of no effect.
12.
ASSIGNMENT-DELEGATION:
No right or interest in this contract
nor delegation
of any duty of Contractor
shall be made
without
prior written
peimission
of the City.
13.
SUBCONTRACTOR
/
SUPPLIER
CONTRACTS:
The
Contractor
shall
enter
into
written
contracts
with
its
subcontractor(s)
and supplier(s),
if any, and those written
contracts
shall be consistent
with this Contract
for Construction.
It
is the intent of the Owner and the Contractor
that the obligations
of the Contractor's
subcontractor(s)
and supplier(s),
if any,
Page 3 of 23
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GENERAL
TERMS
AND CONDITIONS
DSD - Engineering
10000 N. El Mirage Road
El Mirage, AZ 85335
Phone:
(623) 972-8116
Fax:
(623) 876-4605
inure to the benefit of the Owner and the Contractor,
and that the Owner be a third-party
beneficiary
of the Contractor's
agreements with its subcontractor(s)
and supplier(s).
a.
The Contractor
shall make available to each subcontractor
and supplier, if any, prior to the execution of written contracts
with any of them, a copy of the pertinent portions of this Contract for Construction,
including
those portions of the
Construction
documents to which the subcontractor
or supplier will be bound, and shall require that each subcontractor
and supplier shall similarly
make copies of applicable
parts of such documents available to its respective subcontractor(s)
and supplier(s).
b.
The Contractor
shall engage each of its subcontractor(s)
and supplier(s)
with written contracts, which preserve and protect
the rights of the Owner and include the acknowledgment
and agreement of each subcontractor
or supplier that the Owner
is a third-party
beneficiaiy
of the contract. The Contractor's
agreements with its subcontractor(s)
and supplier(s)
shall
require that in the event of default under, or termination
of, this Contract for Construction,
and upon request of the Owner,
the Contractor's
subcontractor(s)
and supplier(s)
will perform services for the Owner.
c.
The Contractor
shall include in its agreements with its subcontractor(s)
and supplier(s)
a provision
which contains the
acknowledgtnent
and agreement of the subcontractor
or supplier that it has received and reviewed the applicable
tertns,
conditions
and requirements
of this Contract for Construction
that are included by reference in its written contract with
the Contractor,
and that it will abide by those terms, conditions
and requirements.
14.
RIGHTS
AND REMEDIES:
No provision
in this document or in the vendor's offer shall be construed, expressly or by
implication,
as waiver by the City of any existing or future right and/or remedy available by law in the event of any claim of
default or breach of contract.
The failure of the City to insist upon the strict performance
of any term or condition
of the
contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the City's acceptance
of and payment for materials or services, shall not release the Contractor
from any responsibilities
or obligations
imposed by
this contract or by law, and shall not be deemed a waiver of any right of the City to insist upon the strict performance
of the
Contract.
15.
INDEMNIFICATION:
To the fullest extent permitted
by law, the Contractor
shall defend, indemnify
and hold harmless the
City, its agents, representatives,
officers, directors, officials
and employees from and against all claims, damages, losses and
expenses (including
but not limited to attomey fees, court costs, and the cost of appellate proceedings),
relating to, arising out
of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor,
its employees,
agents, or any tier of subcontractors
in the performance
of this Contract. Contractor's
duty to defend, hold harmless and
indemnify
the City, its agents, representatives,
officers, directors, officials
and employees shall arise in connection
with any
claim, damage, loss or expense that is attributable
to bodily injury, sickness, disease, death, or injuiy to, impairment,
or
destruction
of property including
loss of use resulting therefrom,
caused by any acts, errors, mistakes, omissions, work or
services in the performance
ofthis Contract including
any employee
of the Contractor
or any tier of subcontractor
or any other
person for whose acts, errors, mistakes, omissions,
work or services the Contractor
may be legally liable.
The amount and type of insurance coverage requirements
set forth herein will in no way be construed as limiting
the scope of
the indemnity
in this paragraph.
16.
OVERCHARGES
BY ANTITRUST
VIOLATIONS:
The City maintains that, in practice, overcharges
resulting from
antitrust violations
are borne by the purchaser.
Therefore,
to the extent permitted
by law, the Contractor
hereby assigns to the
City any and all claims for such overcharges
as to the goods and services used to fulfill
the Contract.
17.
FORCE
MAJEURE:
Except for payment for sums due, neither party shall be liable to the other nor deemed in default under
this Contract if and to the extent that such party's performance
of this Contract is prevented by reason of force majeure.
The
term "force majeure " means an occurrence that is beyond the control of the party affected and occurs without
its fault or
negligence.
Without
limiting
the foregoing,
force majeure includes acts of God: acts of the public enemy; war; riots; strikes;
Page 4 of 23
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GENERAL
TERMS
AND CONDITIONS
DSD - Engineering
10000 N. El Mirage
Road
El Mirage,
AZ 85335
Phone:
(623) 972-8116
Fax:
(623) 876-4605
mobilization;
labor disputes;
civil disorders;
fire; floods; lockouts,
injunctions-intervention-acts,
or failures
or refusals to act
by government
authority;
and other similar
occurrences
beyond
the control
of the party declaring
force majeure which such
party is unable to prevent
by exercising
reasonable
diligence.
The force majeure
shall be deemed to commence
when the paity
declaring
force majeure
notifies
the other party of the existence
of the force majeure
and shall be deemed to continue
as long
as the results or effects of the force majeure
prevent
the party from resuming
performance
in accordance
with this Contract.
Force majeure
shall not include the following
occurrences:
a.
Late deliveiy
of equipment
or materials
caused by congestion
at a manufacturer's
plant or elsewhere,
an oversold
condition
of the market, inefficiencies,
or similar
occurrences.
b.
Late performance
by a subcontractor
unless the delay arises out of a force majeure
occurrence
in accordance
with this
Force Majeure
term and condition.
Any delay or failure
in performance
by either party hereto shall not constitute
default
hereunder
or give rise to any claim for
damages
or loss of anticipated
profits
if, and to the extent that such delay or failure
is caused by force majeure.
If either paity
is delayed
at any time in the progress of the work by force majeure,
then the delayed paity shall notify
the other party in
writing
of such delay within
forty-eight
(48) hours commencement
thereof
and shall specify
the causes of such delay in such
notice.
Such notice shall be hand delivered or mailed Certified-Return Receipt and shall make a specific reference to this
article, thereby
invoking
its provisions.
The delayed party shall cause such delay to cease as soon as practicable
and shall
notify
the other party in writing.
The time of completion
shall be extended
by contract
modification
for a period of time equal
to the time that the results or effects of such delay prevent
the delayed party from performing
in accordance
with this contract.
18.
RIGHT
TO ASSURANCE:
Whenever
one paity to this contract
in good faith has reason to question
the other party's
intent
to perform
he/she may demand that the other party give a written
assurance of this intent to perform.
In the event that a
demand is made and no written assurance is given within
five (5) days, the demanding
party may treat this failure as an
anticipatory
repudiation
of the Contract.
19.
RIGHT
TO AUDIT
RECORDS:
The City may, at reasonable
times and places, audit the books and records of any
Contractor
as related to any contract
held with the City.
20.
WARRANTIES:
Contractor
warrants
that all material,
service or construction
delivered
under this contract
shall conform
to
the specifications
of this contract.
Unless otherwise
stated in Contractor's
response,
the City is responsible
for selecting
items,
their use, and the results obtained
from any other items used with the items furnished
under this contract.
Mere receipt of
shipment
of the material/service
specified
and any
inspection
incidental
thereto by the City shall not alter or affect the
obligations
of the Contractor
or the rights of the City under the foregoing
warranties.
Additional
warranty
requirements
may
be set forth in the solicitation.
21.
INSPECTION:
All material
and/or services
are subject to inspection
and acceptance
by the City.
Materials
and/or services
failing
to conform
to the specifications
of this Contract
will be held at Contractor's
risk and may be returned
to the Contractor.
If so returned,
all costs are the responsibility
of the Contractor.
The City may elect to do any or all of the following:
a.
Waive
the non-confoimance.
b.
Stop the work immediately.
c.
Bring
material
into compliance.
This shall be accomplished
by a written
determination
from the City.
Page 5 of23
PEtC:4goEq.4
GllrMD
HERllA[sE.
ERIGllF?LlrURl_l
GENERAL
TERMS
AND CONDITIONS
DSD - Engineering
10000 N. El Mirage
Road
El Mirage,
AZ 85335
Phone:
(623) 972-8116
Fax:
(623) 876-4605
22.
TITLE
AND RISK
OF LOSS:
The title and risk of loss of material
and/or service shall not pass to the City until the City
actually
receives
the material
or service at the point of delivery,
unless otherwise
provided
within
this Contract.
23.
NO REPLACEMENT
OF DEFECTIVE
TENDER:
Eveiy
tender of materials
shall fully comply
with all provisions
of the
Contract.
If a tender is made which does not fully conform,
this shall constitute
a breach of the Contract
as a whole.
24.
DEFAULT
IN ONE INSTALLMENT
TO CONSTITUTE
TOTAL
BREACH:
Contractor
shall deliver conforming
materials
in each installment
and may not substitute
nonconforming
materials.
Deliveiy
of nonconforming
materials
or a
default
of any nature, at the option of the City, shall constitute
a breach of the Contract
as a whole.
25.
SHIPMENT
UNDER
RESERVATION
PROHIBITED:
Contractor
is riot authorized
to ship materials
under reservation
and no tender of a bill of lading will operate as a tender of the materials.
26.
LIENS:
All materials,
service or construction
shall be free of all liens, and if the City requests, a formal
release of all liens
shall be delivered
to the City.
27.
LICENSES:
Contractor
shall have at the time of proposal
submittal,
and shall maintain
in current
status, all Federal, State
and Local licenses and permits required
for the operation
of the business conducted
by the Contractor
as applicable
to this
Contract.
The conclusion
of the issuing authority
in each case is to be deemed conclusive
for the purposes
of complying
with
this provision.
By submitting
a proposal for this public contract,
you agree that, with respect to the contract,
substantial
compliance
does not meet the minimum
requirements
of this or any provision
hereof, or of any applicable
law or other
authority,
and that strict compliance
alone is adequate
to meet those requirements,
unless the City consents to such substantial
compliance
in writing
at the time of proposal
submittal.
The determination
shall be made by the City.
28.
PATENTS
AND COPYRIGHTS:
All services, information,
computer
program
elements, reports and other deliverables,
which
may be patented
or copyrighted
and created under this contract
are the property
of the City and shall not be used or
released by the Contractor
or any other person except with the prior written
permission
of the City.
29.
PREPARATION
OF SPECIFICATIONS
BY PERSONS
OTHER
THAN
CITY
PERSONNEL:
All specifications
shall
seek to promote
overall economy
for the purposes intended
and encourage
competition
and not be unduly restrictive
in
satisfying
the City's
needs.
No person preparing
specifications
shall receive
any direct or indirect
benefit
from the utilization
of specifications,
other than fees paid for the preparation
of specifications.
30.
COST
OF PROPOSAL
PREPARATION:
The City shall not reimburse
the cost of developing,
presenting
or providing
any
response
to this solicitation.
Offers submitted
for consideration
should be prepared simply and economically,
providing
adequate
information
in a straightforward
and concise manner.
31.
PUBLIC
RECORD:
All offers submitted
in response to this solicitation
shall become the property
of the City and shall
become a matter of public record available
for review,
subsequent
to the award notification,
in accordance
with the City's
Procurement
Code.
32.
ADVERTISING:
Contractor
shall not advertise
or publish information
concerning
this Contract,
without
prior written
consent
of the City.
33.
DELIVERY
ORDERS:
The City shall issue a Purchase Order for the material
and/or services covered
by this contract.
All
such documents
shall reference
the contract
number
as indicated
on the Offer
and Contract
Award.
Page 6 of 23
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GENERAL
TER_MS AND CONDITIONS
DSD - Engineering
10000 N. El Mirage Road
El Mirage, AZ 85335
Phone:
(623) 972-8116
Fax:
(623) 876-4605
34.
FUNDING:
Any contract entered into by the City of El Mirage is subject to funding availability.
Fiscal years for the City of
El Mirage are July 1 to June 30.
The City Council approves all budget requests.
If a specific funding request is not approved,
the contract shall be terminated.
35.
PAYMENT:
A separate invoice shall be issued for each shipment
of material or service performed,
and no payment will be
issued prior to receipt of material and/or services and correct invoice.
36.
MATERIALS,
EQUIPMENT,
APPARATUS:
or other products are specified by manufacturer,
brand name, type of catalog
number, such designation
is to establish standards of desired quality and style and shall be the basis of the Proposal.
Should
the Contractor
propose to furnish materials and equipment
other than those specified, as permitted
by the "or approved equal"
clauses he/she shall submit a written request as an alternate to the original proposal with a new proposal for any or all
substitutions.
Such a request shall be accompanied
by complete descriptive
literature (manufacturer,
brand name, catalog
number, etc.) and technical data for all items and shall indicate any addition or deduction
to the CONTRACT
price. Where
such substitutions
alter the design or space requirements
indicated on the plans the Contractor
shall include all items of cost
for the revised design and construction
including
cost of all allied trades involved.
Acceptance
or rejections of the proposed
substitutions
will be made on the basis of whether or not the specifications
are met and the CITY's best interests are served as
determined
by the authorized representative
and the CITY.
37.
SUBCONTRACTOR'S
LIST: The Contractor
shall submit a list of subcontractors
and major material suppliers as part of
the OFFER. The list needs to include any subcontractor
or supplier whose contract is anticipated
to be above 5% of the total
proposal price submitted.
The name of any subcontractors
or suppliers whose contract is anticipated
to be at or below 5% of
the total price is not required to be provided on the List.
38.
FEDERAL
AND ST ATE EMPLOYMENT
IMMIGRATION
LAWS.
TO the extent applicable under A.R.S. § 41-4401,
Contractor
warrants its and its subcontractors
compliance
with all federal immigration
laws and regulations
that relate to their
compliance
with the E-verify
requirements
under A.R.S. § 23-214(A).
Contractor's
or its subcontractors'
breach of the above-
mentioned
warranty shall be deemed a material breach of the Agreement
and may result in the termination
of the Agreement
by the City of El Mirage. The City of El Mirage retains the legal right to randomly inspect the papers and records of Contractor
and its subcontractors
to ensure that the Contractor
and its subcontractors
are complying
with the above-mentioned
warranty.
The Contractor
warrants to keep the papers and records open for random inspection
during normal business hours by the City
of El Mirage. The Contractor
shall cooperate with the City of El Mirage's
random inspections including
granting the City
entry rights to Contractor's
properly to perform the random inspections
and waiving
its right to keep such papers and records
confidential.
The failure of Contractor
to comply with this warranty regarding the keeping of papers and records and
cooperating
with the City's random inspections
shall constihite
a material breach of the Agreement
and the City shall have the
right to immediately
teiminate
the Agreement.
The Contractor
further agrees to include the following
language in all subcontracts
entered into by Contractor
with any person
or entity to perform work on the Agreement
and to terminate the agreement with any subcontractor
who violates any of the
warranties
set forth in said language below.
To the extent applicable under A.R.S. § 41-4401, Subcontractor
warrants to Contractor
and the City of El Mirage
Subcontractor's
compliance
with all federal immigration
laws and regulations
that relate to its compliance
with the E-
verify requirements
under A.R.S. § 23-214(A).
Subcontractor's
breach of the above-mentioned
warranty shall be
deemed a material breach of the Agreement
and may result in the termination
of the subcontract
by Contractor
at the
direction
of the City of El Mirage. Subcontractor
further acknowledges
the City of El Mirage's
right to randomly
inspect the papers and records of Subcontractor
to ensure that Subcontractor
is complying
with the above-mentioned
warranty.
Page 7 of 23
GENERAL
TERMS AND CONDITIONS
DSD – Engineering
10000 N. El Mirage Road
El Mirage, AZ 85335
Phone:
(623) 972-8116
Fax:
(623) 876-4605
Page 8 of 23
Subcontractor warrants to keep the papers and records open for random inspection during normal business hours by
City of El Mirage. Subcontractor shall cooperate with City of El Mirage’s random inspections including granting the
City entry rights to Subcontractor’s property to perform the random inspections and waiving their respective rights to
keep such papers and records confidential. The failure of Subcontractor to comply with this warranty regarding the
keeping of papers and records and failure to cooperate with the City’s random inspections shall constitute a material
breach of the Agreement and the City shall have the right to immediately require Contractor to terminate the
Agreement with Subcontractor.
39. ISRAEL BOYCOTT AND FORCED LABOR OF ETHNIC UYGHURS:
As applicable pursuant to Arizona Revised Statutes Title 35, Articles 9 and 10, 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. Additionally,
Contractor agrees and certifies that it does not currently, and agrees for the duration of this Agreement that Contractor
will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any goods or services
produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (3) any contractors,
subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic
Uyghurs in the People’s Republic of China. If Contractor becomes aware during the term of the contract that it is not
in compliance with this written certification, the company shall notify the City within five business days after
becoming aware of the noncompliance. If Contractor does not provide the City with a written certification that
Contractor has remedied the noncompliance within 180 days after notifying the City of the noncompliance, this
Contract terminates, except that if the contract termination date occurs before the end of the remedy period, the
Contract terminates on the Contract termination date. Contractor also agrees to indemnify and hold harmless the City,
its officials, employees, and agents from any claims or causes of action relating to the City’s action based upon reliance
upon this representation, including the payment of all costs and attorney fees incurred by the City in defending such
an action.
40. CANCELLATION FOR CONFLICT OF INTEREST: This contract is subject to cancellation in the event of a conflict
of interest as set forth in ARS 3-511.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
PP_EtC;go4fH4
LRrl)ID
HEllj
IAGE. [IIIIGII
r HirUR?_l
STANDARD
TERMS
AND CONDITIONS
DSD - Engineering
10000 N. El Mirage
Road
El Mirage,
AZ 85335
Phone:
(623) 972-8116
Fax:
(623) 876-4605
1.
DEFINITIONS:
The terms, as used in or pertaining
to the contract,
are defined
as follows:
.
The word "City"
shall refer to the City of El Mirage,
Arizona.
CONTRACTOR:
The word "Contractor"
is defined as the person, firm or corporation
with whom the contract
is made by
the City.
CONTRACT:
The word "Contract"
will include the Notice
of Award,
Notice to Proceed, Change Order, Certificate
of
Insurance
& Schedule
A, Certificate
of Completion,
Contractor's
Affidavit
Regarding
Settlement
of Claims,
Standard
Terms
& Conditions,
General Terms & Conditions,
Special Terms & Conditions,
Special Provisions,
Proposal,
Plans and Addenda
thereto.
ENGINEER:
The word "Engineer"
is defined
as the person, firm or corporation
duly authorized
by the City to act as agent
in providing
professional
sei'vices including
studies, planning,
engineering
design and construction
administration
services,
inspecting
materials
and construction,
and interpreting
plans and specifications.
MATERIALS:
The word "Materials
" will include,
in addition
to materials
incorporated
in the project,
equipment
and other
material
used and/or consumed
in the performance
of the work.
SUBCONTRACTOR:
The word "Subcontractor"
is defined
as those persons or groups of persons having a direct contract
with the contractor
and those who furnish
material
worked
to a special design according
to the plans and/or specifications
for
this work, and includes
those who merely
furnish
materials
not so worked.
3.
The word "Work" shall include all labor necessary to accomplish the construction required by the Contract and all
materials
and equipment
incorporated
or to be incorporated
in said construction.
2.
REFERENCE
ST ANDARDS:
a.
The "Unifortn
Standard Specifications
for Public Works Construction"
and the "Uniform
Standard
Details for Public
Works
Construction",
latest editions,
which are sponsored
and distributed
by the Maricopa
Association
of Governments
(MAG), and which are hereinatter referred to as the "A4r4G Specifications," are hereby adopted as part of these contract
documents.
b.
If any contradiction
exists between
"MAG
Specifications"
and this solicitation
document,
the solicitation
language
shall
prevail.
3.
LAWS
AND REGULATIONS:
The Contractor
shall keep himself
or herself
fully informed
of all existing
and future City
and County
ordinances
and regulations
and state and federal laws and Occupationa! Safety and Health
Stan-dards (OSHA)
in
any manner
affecting
the work herein specified.
He/She shall at all times observe and protect and indemnify
the City of El
Mirage,
Arizona,
and its officers
and agents against any claim or liability
arising from or based on the violation
of any such
ordinances,
regulations
or laws.
It is the responsibility
of the Contractor
to obtain any and all information
regarding
the laws
and regulations,
which may be referenced
in the Specifications.
4.
RIGHTS
OF WAY:
The City will provide
Rights-of-Way
and easements
for all work specified
in this contract,
and the
Contractor
shall not enter or occupy with men, tools, equipment
or materials
any private ground outside
the property
of the
City of El Mirage,
Maricopa
County,
Arizona,
without
the consent
of the owner.
Page 9 oi'23
!!EtC:M':go4Eq4
GRAiVD IIEI(I
jalGA nRlGll
r + Ul TJRu
STANDARD
TER_MS AND CONDITIONS
DSD - Engineering
10000 N. El Mirage Road
El Mirage, AZ 85335
Phone:
(623) 972-8116
Fax:
(623) 876-4605
The Contractor,
at his/her own expense, is responsible
for the acquisition
of any additional
easements or rights-of-way
that
he/she may desire to complete the work of this contract.
5.
PROPOSAL QUANTITIES:
It is expressly understood
and agreed by the parties hereto that the ciuantities of the various
classes of work to be done and the material to be furnished und;r this Contract, which have been estimated as stated in the
Proposal, are only approximate
and are to be used solely for the purpose of comparing,
on a consistent basis, the proposals
offered for the work under this Contract.
The Contractor
further agrees that the City of El Mirage will not be held responsible
if any of the quantities shall be found incorrect;
and the Contractor
will not make any claim for damages or for loss of profits
because of a difference
between the quantities of the various classes of work as estimated and the work actually done.
If any
error, omission,
or misstatement
is found to occur in the estimated quantities,
the same shall not invalidate
this Contract or the
whole or any part of the work in accordance with the Specifications
and Plans herein mentioned,
and for the prices herein
agreed upon and fixed therefore, or excuse him/her from any of the obligations
or liabilities
hereunder, or entitle him/her to
any damage or compensation
except as may be provided in this contract.
6.
FEDERAL FUNDING: It is the responsibility
of the Contractor
to determine on any proiect if federal wage rates atiolv.
It
is also the responsibility
of the Contractor
to incorporate
any necessary amounts in the Proposal to accommodate
for required
federal record keeping and necessary pay structures.
The Contractor
should contact the City of El Mirage regarding any
applicable
Davis Bacon wage rates.
7.
PAYMENTS
TO CONTRACTOR:
Payments will be made on the basis of itemized statements provided
by the Contractor
in accordance with these Specifications.
One (1) copy of an itemized statement should be submitted electronically
to the
City's Project Manager.
After verification,
payments will be processed by the Management
Services Department.
Payments
will be mailed by the Engineering
Division.
The City will make a partial payment to the Contractor
on the basis of an estimate
prepared by the Contractor,
and approved by the City Engineer, for work completed through the last day of preceding pay
period.
The City will retain ten percent (10%) of each such estimate until acceptance of the project.
When required by the
City Engineer or his/her authorized representative
for the purposes of determining
the equitableness of the Contractor's
payment request, the Contractor
shall furnish evidence satisfactory
to the City Engineer or his/her authorized
representative,
of the sums paid by the Contractor
for materials, supplies and other items of expense (i.e., lien releases).
8.
LOSSES
AND DAMAGES:
All loss or damage arising out of the nature of the work to be done or from the action of the
elements or from any unforeseen circumstances
in the pro';ecution
of the same, or from any unusual obstructions
or difficulties
which may be encountered
in and/or during the prosecution
of the work, or from any casualty whatsoever
of every description,
shall be sustained and borne by the Contractor
at his or her own cost and expense.
9.
CHARACTER
AND STATUS OF WORKMEN:
Only skilled foremen and workmen
shall be ert'mloyed on work requiring
special qualifications.
When required by the City Engineer, the Contractor
shall discharge any person who is, in the opinion of the Engineer,
disorderly,
dangerous, insubordinate,
incompetent,
or otherwise objectionable.
The Contractor
shall keep the City harmless
from damages or claims for compensation
that may occur in the enforcement
of this section.
The Contractor
shall be responsible
for assuring the legal working
status of its employees and its subcontractor's
employees.
10. WORK METHODS: The methods, equipment
and appliances used on the work shall be such as will tiroduce a satisfactory
quality of work, and shall be adequate to complete theacontract within the time limit specified.
a
Except as is otherwise specified, the Contractor's
procedure and methods of construction
may, in general, be of his or her own
choosing,
provided they follow best general practice and are calculated
to secure results which will satisfy the requirements
of the specifications
and the supervision
of the work.
Page 10 of23
PTh'EtC4IROpf(2p
GRANDHhlUrAGE.
BRILllr?UrURL'
STANDARD
TERMS
AND CONDITIONS
DSD - Engineering
10000 N. El Mirage Road
El Mirage, AZ 85335
Phone:
(623) 972-8116
Fax:
(623) 876-4605
The work covered by this Contract shall be carefully
laid out in advance and performed
in a manner to minimize
interference
with normal operation and utilization
of the roads. The Contractor
shall exercise caution during the course of this construction
work to avoid damage to all known existing or possible unknown
existing underground
utilities.
He/She shall conduct his or
her construction
operations in such a manner as to avoid injuiy to his or her personnel and to avoid damage to all utilities.
Any damage done will be repaired without
delay and at the expense of the Contractor.
11.
PRE-CONSTRUCTIONCONFERENCE:Within30daysoftheissuanceoftheNoticeofAward,theContractorisrequired
to attend a Pre-construction
Conference.
The City will contact the Contractor
to schedule a specific date, time and location
for the Pre-construction
Conference.
The purpose of the meeting is to outline specific construction
items and procedures and
to address items which require special attention on the part of the Contractor.
The Contractor
may also present proposed
variations
in procedures which the Contractor
believes may improve constructability
of the project, reduce cost, or will reduce
inconvenience
to the public.
Any necessary coordination
and procedures for construction
inspection and staking will be
addressed during the Pre-construction
Conference.
The Contractor
will be required to provide the following
information
at
the Pre-construction
Conference:
a.
Names and emergency telephone numbers of key personnel involved in the project.
b.
Names and telephone numbers of all subcontractors
proposed for use on the project.
c.
A construction
progress schedule showing the estimated time for start and completion
of the major items of work.
d.
A payment schedule showing the estimated dollar volume of work for each calendar month during the life of the project.
e.
A written proposal outlining
the intended plans for maintaining
continuous
access to residences and businesses along the
construction
site, and traffic control.
f.
An itemized list of all required shop drawings, material and equipment
submittals
and a schedule indicating
the dates each
of these items will be transmitted
to the City for review.
Each of the above items is subject to the review and approval by the City.
12.
NOTICE
TO PROCEED:
Within 45 days of the issuance of the Notice of Award the City may issue a written Notice to
Proceed.
The Notice to Proceed shall stipulate the actual contract start date, the contract duration and the contract completion
date.
The time required for the Contractor
to obtain peimits, licenses and easements shall be included in the contract duration
and shall not be justification
for a delay claim by the Contractor.
The time required for the Contractor
to prepare, transmit
and obtain approval of applicable submit-tals shall be included in the contract duration and shall not be justification
for a delay
claim by the Contractor.
No work shall be started until after all required permits, licenses, and easements have been obtained.
No
work
shall
be
started until
all
applicable
submittals
have
been
submitted
and
returned
approved by the
Owner's
Representative.
The Contractor
shall notify the City of El Mirage's
project manager or engineer at least seventy-two
(72) hours before the
following
events:
Page 11 of 23
!!&CM':go4fH4
GRrkllD HEIUrAG&
BRlGllrlnrUR+_l
STANDARD
TERMS
AND CONDITIONS
DSD - Engineering
10000 N. El Mirage Road
El Mirage, AZ 85335
Phone:
(623) 972-8116
Fax:
(623) 876-4605
a.
The stait of construction in order to arrange for inspection;
b.
Shutdown of City water, sewer, drainage, irrigation and traffic control facility.
c.
Shutdown of existing water wells and booster pumps.
Shutdown shall not exceed seventy-two (72) hours for any
installation.
Only one installation may be shutdown at any time;
d.
The coordination of all draining and filling of water lines, irrigation laterals and all operations of existing valves or gages
with the project manager;
e.
The start-up or testing of any water well or booster pump to be connected to any part of the existing City water system
This includes operation of existing valves necessary to accommodate the water.
13.
TRAFFIC
REGULATIONS:
All traffic affected by this construction shall be regulated in accordance with the Citv of
Phoenix -Traffic Barricade Manual, latest edition, and the City of Phoenix in the Traffic Barricade Manual shall be refe;red
to as the City of El Mirage City Engineer for interpretation.
At the time of the pre-construction conference, the Contractor shall designate an employee who is well qualified and
experienced in construction traffic control and safety to be responsible for implementing, monitoring and altering traffic
control measures, as necessary.
At the same time the City will designate a representative who will be responsible to see that
all traffic control and any alterations are implemented and monitored to the extent that traffic is carried through the work area
in an effective manner and that motorist, pedestrians, bicyclists and workers are protected from hazard and accidents.
a.
The following shall be considered major streets: All major Parkway, mile (section line), arterial and collector (mid-
section line and quarter section line) streets so classified by the City of El Mirage.
b.
AlltrafficcontroldevicesrequiredforthisprojectshallbetheresponsibilityoftheContractor.
TheContractorshallplace
advance warnings; REDUCE SPEED, LOOSE GRAVEL,
25 MPH SPEED LIMIT
and DO NOT PASS signs in
accordance with the Traffic Barricade Manual.
c.
The Contractor shall provide, erect and maintain all necessary flashing arrow boards, barricades, suitable and sufficient
warning lights, signals and signs, and shall take all necessary precautions for the protection of the work and safety of the
public.
The Contractor shall provide, erect and maintain acceptable and adequate detour signs at all closures and along
detour routes.
d.
All barricades and obstructions shall be illuminated at night, and all safety lights shall be kept burning from sunset until
sunrise. All barricades and signs used by the Contractor shall conform to the standard design, generally accepted for such
purposes, and payment for all such services and materials shall be considered as included in the other pay items of the
Contract.
e.
The Contractor shall insure that all existing traffic signs are erect, clean and in full view of the intended traffic at all times.
Street name signs at major street intersections shall be maintained erect at all times. If these signs should interfere with
construction, the Contractor shall notify the Inspector at least forty-eight (48) hours in advance for City personnel to
temporarily relocate said signs. The City Engineer will re-set all traffic and street name signs to permanent locations
when notified by the Engineer that construction is complete unless otherwise stated in the specifications
Payment for this
item shall be made at the contract lump sum price for TRAFFIC
CONTROL.
Page 12 of23
!!htC;go4EH4
GU!NrlHElllrAGE.
HRlGllrH)rURt_'
STANDARD
TERMS
AJ'STD CONDITIONS
DSD - Engineering
10000 N. El Mirage
Road
El Mirage,
AZ 85335
Phone:
(623) 972-8116
Fax:
(623) 876-4605
f.
When
construction
activities
or traffic
hazards
at the
construction
site
require the
use
of flagmen,
it
shall
be the
Contractor's
responsibility
to provide
adequate
personnel
including
flagmen
to direct traffic
safely.
g.
Manual
traffic
control
shall be in conformity
with the Traffic
Barricade
Manual.
h.
When
traffic
hazards at construction
sites warrant
the use of certified
police personnel
to direct traffic,
arrangement
should
be made with the liaison officer
at the El Mirage
Police Department
at telephone
number
(623) 933-1341.
i.
The assembly
and turnarounds
of the Contractor's
equipment
shall be accomplished
using adjacent
local streets when
possible.
j.
Equipment
rised and/or directed by the Contractor
shall travel with traffic
at all times.
Supply trucks shall travel with
traffic
except when being spotted.
Provide
a flagman
or officer
to assist with this operation.
k.
During
construction,
it may be necessary to alter traffic
control.
Alterations
shall be in accordance
with the Traffic
Barricade
Manual.
I.
No street within
this project
may be closed to through
traffic
or to local emergency
traffic
without
prior written
approval
of the City Engineer
of the City of El Mirage
at least two weeks prior to the scheduled
closure.
The Contractor
must
allow
for the notification
of the public at least six (6) working
days in advance of such closing
with VMS signs explaining
the closure at all approaches
to the project
area.
Partial closure of streets within
the project
shall be done in strict
conformity
with written
directions
to be obtained
from the City Engineer.
m.
Caution
should be used when excavating
near intersections
with traffic
signal underground
cable.
Notify
the City
Engineer
twenty-four
(24) hours in advance of any work at such intersections.
The Contractor
shall install and maintain
temporaiy
overhead
traffic
signal cable as specified
by the City Engineer
when underground
conduit
is to be severed by
excavations
at intersections.
The Contractor
shall provide
an off-duty
uniformed
police officer
to direct traffic
while the
traffic
signal is turned off and the wiring
is transferred.
All damaged
or modified
traffic
signal overhead
and underground
items
shall
be
repaired
and restored to
the
City
Engineer's
satisfaction.
Magnetic
detector
loops
shall
under no
circumstances
be spliced.
n.
The Contractor
shall address how local access to adjacent
properties
will be handled
in accordance
with the specification
herein.
o.
Where
crossings
of existing
pavements
occur, no open trenches
shall be permitted
overnight,
but plating
may be penriitted
if conditions
allow as determined
by the City Engineer
or his/her authorized
representative.
If plates cannot be used,
crossings
shall be back-filled
or the Contractor
shall provide
a detour.
14.
OUTDOOR
CONSTRUCTION
RESTRICTIONS:
Outdoor
construction
is restricted
as listed below in the following
table:
Construction
Type
May 1- September
30
October
1- April
30
A
All Construction
Work - Monday through Saturday
6:00 a.m. to 7:00 p.m.
7:00 a.m. to 7:00 p.m.
B
All Constiuction
Work - Sunday
8:00 a.m. to 7:00 p.m.
8:00 a.m. to 7:00 p.m.
The above hours must be adhered to under all circumstances
unless prior authorization
is obtained
in writing
by the City of
El Mirage
City Engineer
or their designee. Any Friday,
night or weekend
work within
the City's
right of way also requires
written
approval
from the City.
Page 13 of23
!!)ELa;Ro4'(2p
Gllrlffl)
}jr
Ill /al(aE BRrLllr
PUnfllLl
STA_NDARD
TERMS
AND CONDITIONS
DSD - Engineering
10000 N. El Mirage Road
El Mirage, AZ 85335
Phone:
(623) 972-8116
Fax:
(623) 876-4605
15.
SURVEY
CONTROL
POINTS:
Existing survey markers (either brass caps or iron pmesi shall be protected by the
Contractor
or removed and replaced under direct supervision
of the City Engineer
or his/her authorized
representatives.
Survey
monuments
shall be constructed to the requirements
of MAG Specifications,
Section 405, and Standard Details.
Lot corners
shall not be disturbed without
knowledge
and consent of the propeity owner.
The Contractor
shall replace benchmarks,
monuments,
or lot corners moved or destroyed during construction
at no expense
to the Owner.
Contractor
and his/her sureties shall be liable for correct replacement
of disturbed survey benchtnarks
except
where the Owner elects to replace survey benchmarks
usirig his or her own forces.
16.
PROTECTION
OF FINISHED
OR PARTIALLY
FINISHED
WORK:
The Contractor
shall properly guard and protect
all finished
or partially finished work, and shall be responsible
for the same until the entire contractais completed and accepted
by the City Engineer. The Contractor
shall turn over the entire work in full accordance with these Specifications
before final
settlement
shall be made.
17.
STOCKPILE
OF MATERIALS:
a.
The Contractor
may, if approved by the City Engineer, place or stockpile
materials in the public right-of-way
provided
they do not prevent access to adjacent properties or prevent compliance
with traffic regulations.
b.
Traffic
shall not be required to travel over stockpiled
materials, and proper dust control shall be maintained.
18.
EXCF,SS MATERIALS:
When excavations
are made, resultant loose earth shall be utilized for filling by compacting
in
place or disposed of off the site.
Excess or unsuitable material, broken asphaltic concrete and broken Portland cement concrete excavated from the right-of-
way shall be removed from the project and disposed of by the Contractor.
Disposal of material within the El Mirage City
Limits or Planning Area must be approved by the City Engineer or his/her authorized
representative.
Waste material shall not be placed on private property without
express permission
of the property owner.
The Contractor
shall at all times keep the premises free from accumulation
of waste materials or rubbish caused by his or her
operations.
At the completion
of the work, he or she shall remove all equipment,
tools and surplus materials, and shall
completely
clean the premises, removing
and disposing of all debris and rubbish, and cleaning all stains, spots, marks, dirt,
smears, etc.
When work premises are turned over to the City, they shall be thoroughly
clean and ready for immediate
use.
Clean-up shall include removal of all excess pointing mortar materials within pipes and removal of oversized rocks and
boulders left after finish grading.
The Contractor
shall provide for the legal disposal of all waste products debris, etc., and
shall make necessary arrangements
for such disposal.
19.
DUST CONTROL
AND WATER:
The dust control measures shall be in accordance
with the requirements
of the "Maricopa
County Health Department
Air Pollution
Control Regvdations,"
namely
Regulation
II, Rule
21,
subparagraph
C
and
Regulation
III, Rule 310 shall be rigidly
observed and enforced. Water or other approved dust palliative
in sufficient
quantities
shall be applied during all phases of construction
involving
open earthwork
to prevent unnecessary discharge of dust and dirt
into the air. The Contractor
shall be responsible
for compliance
with these regulations.
A Notice to Proceed will not be issued
until the City of El Mirage has received a copy of the Contractor's
Dust Control Permit and Plan.
The Contractor
shall be required to obtain the necessary permit and all pertinent
information
from the Maricopa
County Air
Quality Department,
1001 North Central Avenue, Suite 125, Phoenix, Arizona,
(602) 506-6010.
Page 14 of 23
!!EtC;goEg4
(<IIAND IIERI Ill(it.
fl RIG HT + [rlllRh'
STANDARD
TERMS
AND CONDITIONS
DSD - Engineering
10000 N. El Mirage Road
El Mirage, AZ 85335
Phone:
(623)972-8116
Fax:
(623) 876-4605
The Contractor
shall keep suitable equipment
on hand at the job site for maintaining
dust control on the project streets, and
shall employ sufficient
labor, materials and equipment
for that purpose at all times during the project to the satisfaction
of the
City Engineer.
Watering
shall conform to the provisions
of Section 230 of the MAG Standard Specifications.
The cost of watering will be
included in the price for the construction
operation to which such watering
is incidental
or appurtenant.
The Contractor
may obtain a fire hydrant meter for construction
and shall contact the El Mirage Building
Safety Division
Department
at 623-251-3503
to start the process or may obtain water from other sources. Installation
and removal of fire
hydrant meters should be scheduled at least forty-eight
(48) hours in advance through the Customer Service Deparhnent.
Contractors
shall not relocate hydrant meters themselves.
A deposit and account activation fee are required for each meter.
The cost of the water is at the prevailing
rate plus a recharge fee of $2.60 per 1,000 gallons of water.
20.
TEMPORARY
SANITARY
FACILITIES:
The Contractor
shall provide ample toilet facilities with proper enclosures for
the use of workmen employed on the work site.
Toilet facilities
shall be installed and maintained
in conformity
with all
applicable
state and local laws, codes, regulations
and ordinances.
They shall be properly lit and ventilated,
and kept clean at
all times.
Adequate
and satisfactory
drinking
water shall be provided at all times and under no circumstances
and under no conditions
willtheuseofcommoncupsbepermitted.
TheContractormustsupplysanitarydrinkingcupsforthebenefitofallemployees.
21.
ELECTRIC
POWER,
WATER
AND TELEPHONE:
Unless otherwise
specified, the Contractor
shall make his or her own
arrangements
for electric power, water and telephone. Subject to the convenience
of the utility, he or she may be peimitted
to
connect to existing facilities
where available, but he or she shall meter and bear the cost of such power or water, and installation
and disconnect
of such power, water and telephone services.
22. ENERCJZED AERIAL ELECTRICAL
POWER LINES:
The utility company may maintain enerzized aerial electrical
power lines in the immediate vicinity
of this project. Do not consider ;hese line; to be insulated.
Construction
personnel
working
in proximity
to these lines are exposed to an extreme hazard from electrical shock.
Contractors,
their employees and
all other construction
personnel working
on this project must be warned of the danger and instructed to take adequate protective
measure, including
maintaining
a minimum
ten (10) feet clearance between the lines and all construction
equipment
and
personnel.
(see:
OSHA Std. 1926.550 (a) 15).
As an additional
safety precaution,
Contractors
should also be instructed
to call the utility company to arrange, if possible, to
have these lines de-energized
or relocated when the work reaches their immediate vicinity.
The cost of such temporaiy
arrangements
shall be borne by the contractor.
The utility company can often respond to such request if two (2) days advance
notice is given, but some situations may require up to sixty (60) days lead time for relocation
or other arrangements.
Electrical
utility companies may maintain energized underground
electrical power lines in the immediate
vicinity
of this
project. These power lines represent an extreme hazard of electrical
shock to any constniction
personnel or equipment
coming
in contact with them.
Arizona
law requires all paities planning excavations
in public rights-of-way
to contact all utility firms
for
locations
of their underground
facilities.
Contractors,
their employees,
and
all other personnel
working near any
underground
power lines must be warned to take adequate protective
measure.
(see: OSHA Std. 1926-651).
Page 15 of23
1
P!)_EtC;goEqp
GRalND HF_IIIT:!GE. FIIIIGH
7 rU TUR r I
SPECIAL
TERMS
AND CONDITIONS
DSD - Engineering
10000 N. El Mirage Road
El Mirage, AZ 85335
Phone:
(623) 972-8116
Fax:
(623) 876-4605
Project Number:
EM25-NTCPOI
1.
PURPOSE:
Pursuant to provisions of the City Procurement
Code, the City of El Mirage, Development
Services Department
- Engineering
Division
intends to establish a contract for the Varney
Road Speed Cushion
Installation
project.
2.
AUTHORITY:
This Solicitation
as well as any resultant contract is issued under the authority of the City. No alteration of
any resultant contract may be made without
the express written approval of the City Materials Manager in the form of an
official
contract amendment.
Any attempt to alter any contract without
such approval is a violation
of the contract and the
City Procurement
Code.
Any such action is subject to the legal and contractual
remedies available to the City inclusive of,
but not limited to, contract cancellation,
suspension and/or debarment
of the contractor.
3.
CONDITIONS
OF WORK:
Contractor
must inform himself
or herself fully of the conditions
relating to the construction
of the project and the employment
of labor thereon.
Failure to do so will not relieve the Contractor
of his or her obligation
to
furnish all material and labor necessary to cari
out the provisions
of this Contract.
Insofar as possible, the Contractor,
in
carrying
out his or her work, must employ such methods or means as will not cause any interruption
of or interference
with
the work of any other Contractor.
4.
TIME
OF COMPLETION:
The Contractor
shall commence
work under this project on or before the fifth (5) day following
the project start date indicated on the "Notice
to Proceed" issued by the City of El Mirage and shall fully complete
all work
under the project
within 30 calendar
days. The Contractor
shall, at all times, duri-ng the continuance
of the Contract,
prosecute the work with such force and equipment
as is sufficient
to complete all work within the time specified.
5.
EQUAL
OPPORTUNITY
EMPLOYMENT:
It is the policy of the City of El Mirage that suppliers of goods or services to
the City adhere to a policy of non-discrimination,
equal access, equal employment
opportunity
and demonstrate
an affirnnative
effort to recruit, hire, and promote regardless of race, color, religion,
gender, national origin, age, disability,
political
affiliation
or belief.
6.
APPROVAL
OF SUBSTITUTIONS:
The materials, products, and equipment
described in the Documents
and Addenda
establish a standard or required function, dimension,
appearance, and quality to be met by any proposed substitution.
No
substitute
will
be
considered
unless
written
request
for
approval
has
been
received
and
approved
by
the
City
or
its
representative.
Each such request shall include the name of the material or equipment
for which it is to be substituted and a
complete description
of the proposed substitute including
any drawings, cuts, performance,
and test data and any other
information
necessary for evaluation of the substitute.
If a substitute is approved, the approval shall be acka'iowledged in
writing.
Contractor
shall not consider approvals made in any other manner.
7.
USE OF EQUALS:
When the specifications
for materials, articles, products, and equipment
state "or equar', Contractor
may use materials, articles, products, and equipment
which will perform equally the duties imposed by the general design.
The City Engineering
Division
will have the final approval of all materials, articles, products, and equipment
proposed to be
used as an "equal."
It shall not be purchased or installed without
prior written approval from the City or its representative.
Approvals
for "equals,"
may be requested in writing
to the City Engineering
Division
for approval. The request shall state the
name of the material, article, product, or equipment
for which the item is sought to be considered and equal and a complete
description
of the proposed equal including
any drawings, cuts, performance
specifications,
test data and any other information
necessary for approval of the equal.
All approvals will be issued in writing.
8.
CITY
OF EL MIRAGE
PERMIT:
The Contractor
shall obtain a no fee permit from the City.
The Contractor
will be
responsible
for any required Maricopa
County or other agency permits.
Page 16 of 23
!!&C;gofq4
GRAND IIPRIDIGE.
BRlGll'l
FU I UR rl
SPECIAL
TERMS
AND CONDITIONS
DSD - Engineering
10000 N. El Mirage
Road
El Mirage,
AZ 85335
Phone:
(623)972-8116
Fax:
(623) 876-4605
ProjectNumber:
EM25-NTCPOI
9.
INDEPENDENT
CONTRACTOR:
a.
General
i.
The Contractor
acknowledges
that all services provided
under this Agreement
are being provided
by him or her as
an independent
contractor,
not as an employee
or agent of the City of El Mirage.
ii.
Both parties agree that this Agreement
is nonexclusive
and that Contractor
is not prohibited
from entering
into other
contracts
nor prohibited
from practicing
his or her profession
elsewhere.
b.
Liability
i.
The City of El Mirage
shall not be liable for any acts of Contractor
outside the scope of authority
granted under this
Agreement
or as the result of Contractor's
acts, errors, misconduct,
negligence,
omissions
and intentional
acts.
ii.
To the fullest extent permitted
by law, the Contractor
shall defend, indemnify
and hold harmless
the City, its agents,
representatives,
officers,
directors,
officials
and employees
from and against all claims, damages,
losses and expenses
(including
but not limited
to attorney
fees, court costs, and the cost of appellate
proceedings),
relating
to, arising out
of, or alleged to have resulted from the acts, errors, mistakes,
omissions,
work or services of the Contractor,
its
employees,
agents, or any tier of subcontractors
in the performance
of this Contract.
Contractor's
duty to defend,
hold harmless and indemnify
the City, its agents, representatives,
officers,
directors,
officials
and employees
shall
arise in connection
with any claim, damage, loss or expense that is attributable
to bodily
injury,
sickness, disease,
death, or injuiy
to, impairment,
or destruction
of propeity
including
loss of use resulting
therefrom,
caused by any
acts, errors, mistakes,
omissions,
work or services in the performance
of this Contract
including
any employee
of the
Contractor
or any tier of subcontractor
or any other person for whose acts, errors, mistakes,
omissions,
work or
services
the Contractor
may be legally
liable.
The amount
and type of insurance
coverage
requirements
set forth herein will in no way be construed
as limiting
the
scope of the indemnity
in this paragraph.
c.
Other
Benefits
The Contractor
is an independent
contractor;
therefore,
the City will not provide
the Contractor
with health insurance,
life
insurance,
workmen's
compensation,
sick
leave, vacation
leave,
or any
other fringe
benefits.
Further,
Contractor
acknowledges
that he/she is exempt
from coverage
of the Comprehensive
Benefit
and Retirement
Act (COBRA).
Any
such fringe benefits shall be the sole responsibility
of Contractor.
10.
KEY
PERSONNEL:
It is essential
that the Contractor
provide
adequate
experienced
personnel,
capable of and devoted to
the successful
accomplishment
of work to be perfoimed
under this contract.
The Contractor
must agree to assign specific
individuals
to the key positions.
a.
The Contractor
agrees that, once assigned to work under this contract,
key personnel
shall not be removed
or replaced
without
written
notice to the City.
b.
Ifkeypersonnelarenotavailableforworkunderthiscontractforacontinuousperiodexceeding30calendardays,orare
expected
to devote substantially
less effort to the work than initially
anticipated,
the Contractor
shall immediately
notify
the City, and shall, subject to the concurrence
of the City, replace such personnel
with personnel
of substantially
equal
ability
and qualifications.
Page 17 of 23
WCityof
.
EL MIRAGE
L_
.,.,...,.
GILIND
IlhRlD!GE.
RRJGH 7 rUl
UR Fl
SPECIAL
TERMS
AND CONDITIONS
DSD - Engineering
10000 N. El Mirage
Road
El Mirage,
AZ 85335
Phone:
(623) 972-8116
Fax:
(623) 876-4605
Project
Number:
EM25-NTCPOI
11.
WARRANTY:
Each offer shall provide
a one-year
warranty/guarantee
against defects in materials,
faulty wor)cmanship
and/or
performance
for all items required
of the specifications.
12.
INSURANCE
REQUIREMENTS:
The Contractor,
at Contractor's
own expense, shall purchase and maintain
the herein
stipulated
minimum
insurance
with companies
duly licensed
by the State of Arizona
and possessing
a current
A.M. Best, Inc.
Rating
of "A-".
In lieu of State of Arizona
licensing,
the stipulated
insurance
may be purchased
from a company
or companies
who are authorized
to do business in the State of Arizona,
provided
that said insurance
companies
meet approval
of the City.
The form of any insurance
policies
and forms must be acceptable
to the City.
All insurance
required
herein shall be maintained
in full force and effect until all work or service required
to be performed
under the terms of the Contract
is satisfactorily
completed
and formally
accepted;
failure
to do so may, at the sole direction
of
the City, constitute
a material
breach of this Contract.
The Contractor's
insurance
shall be primary
insurance,
and any insurance
or self-insurance
maintained
by the City shall not
contribute
to it.
Any failure
to comply
with the claim reporting
provisions
of the policies
or any breach of an insurance
policy
warranty
shall
not affect coverage
afforded
under the policy
to protect the City.
The insurance
policies,
except Workers'
Compensation,
shall contain
a waiver
of transfer rights of recovery
(subrogation)
against
the City, its agents, representatives,
directors,
officers,
and employees
for any claims arising out of the Contractor's
work or service.
The insurance
policies
may provide
coverage
which contains
deductibles
or self-insured
retentions.
Such deductible
and/or
self-insured
retentions
shall not be applicable
with respect to the coverage
provided
to the City under such policies.
The
Contractor
shall be solely responsible
for deductible
and/or self-insured
retention
and the City, at its option,
may require the
Contractor
to
secure the payment
of such deductible
or self-insured
retentions
by a surety bond or an
irrevocable
and
unconditional
letter of credit.
The City reserves the right to request and to receive, within
10 working
days, certified
copies of any or all of the herein
required
insurance
policies
and/or endorsements.
The City shall not be obligated,
however,
to review
same or to advise
Contractor
of any deficiencies
in such policies
and endorsements,
and such receipt shall not relieve Contractor
from, or be
deemed a waiver
of the City's
right to insist on, strict fulfillment
of Contractor's
obligations
under this Contract.
The insurance
policies,
except
Workers'
Compensation,
required
by this Contract
shall
name
the City, its agents,
representatives,
officers,
directors,
officials
and employees
as Additional
Insureds.
13.
REQUIRED
INSURANCE
COVERAGE:
a.
General
Liability
Contractor
shall maintain
Commercial
General Liability
insurance
with a limit of not less than $1,000,000
for each
occurrence
with a $2,000,000
Products
and Completed
Operations
Aggregate
and $2,000,000
General
Aggregate
Limit.
The policy shall include
coverage
for bodily injury,
broad form propeity
damage, personal injury,
products/completed
operations
and blanket
contractual
coverage
including,
but not limited
to, the liability
assumed under the indemnification
provisions
of this Contract,
which coverage
will be at least as broad as Insurance
Service Office,
Inc. Policy Form CG
000211093
or any replacement
thereof.
The coverage
shall not exclude
X, C, U.
Page 18 of 23
PEtC4goEqp
GILIND HF3r;IGF.
BR1GF17 rUTl]Rrl
SPECIAL
TERMS
AND CONDITIONS
DSD - Engineering
10000 N. El Mirage
Road
El Mirage,
AZ 85335
Phone:
(623)972-8116
Fax:
(623) 876-4605
ProjectNumber:
EM25-NTCPOI
Such policy shall contain a severability
of interest
provision,
and shall not contain a sunset provision
or commutation
clause, nor any provision
which would serve to limit
third party action over claims.
The Commercial
General Liability
additional
insured endorsement
shall be at least as broad as the Insurance
Service
Office,
Inc.'s, Additional
Insured,
Form B, CG20101185,
and shall include coverage
for Contractor's
operations
and
products
and completed
operations.
b.
Automobile
Liability
Contractor
shall maintain
Commercial/Business
Automobile
Liability
insurance
with a combined
single limit for bodily
injuiy
and propeity
damage of not less than $1,000,000
each occurrence
with respect to the Contractor's
any owned,
hired, and non-owned
vehicles
assigned to or used in performance
of the Contractor's
work. Coverage
will be at least as
broad as coverage
code 1, "any auto", (Insurance
Service
Office,
Inc. Policy
Form CA 00011293,
or any replacements
thereof).
Such insurance
shall include
coverage
for loading
and off-loading
hazards. If hazardous
substances,
materials
or
wastes are to be transported,
MCS 90 endorsement
shall be included
and $5,000,000
per accident
limits for bodily
injury
and propeity
damage shall apply.
c.
Workers'
Compensation
The Contractor
shall carry Workers'
Compensation
insurance
to cover obligations
imposed
by federal and state statutes
having
jurisdiction
of Contractor's
employees
engaged
in the performance
of the work;
and,
Employer's
Liability
insurance
of not less than $100,000
for each accident,
$100,000
disease for each employee,
and $500,000 disease policy
limit.
In case any work is subcontracted,
the Contractor
will require
the Subcontractor
to provide
Workers'
Compensation
and
Employer's
Liability
to at least the same extent as required
of the Contractor.
14.
CERTIFICATES
OF INSURANCE:
Prior to commencing
Services
under this Contract,
Contractor
shall fumish
the City
with Certificates
of Insurance
(naming
the City as additionally
insured),
or formal
endorsements
as required
by the Contract,
issued by Contractor's
insurer(s),
as evidence
that policies
providing
the required
coverages,
conditions
and limits required
by this Contract
are in full force and effect.
In the event any insurance
policy(ies)
required
by this contract
is(are) written
on a "claims
made" basis, coverage
shall extend
for two years past completion
and acceptance
of the Contractor's
work or services and as evidenced
by annual Certificates
of
Insurance.
If a policy
does expire during the life of the contract,
a renewal
certificate
must be sent to the City fifteen
(15) days prior to
the expiration
date.
All
Certificates
of Insurance
required
by this
Contract
shall
be
identified
with
a
serial
number
and title.
A
$25.00
administrative
fee shall be assessed for all Certificates
received
without
the appropriate
serial number
and title.
15.
CANCELLATION
AND EXPIRATION
NOTICE:
Insurance
required
herein shall not expire, be canceled,
or materially
changed
without
fifteen
(15) days prior written
notice to the City.
16.
TAX
FORMULA:
The Contractor
shall apply the appropriate
Transaction
Privilege
Tax in accordance
with the Departtnent
of Revenue
rules and procedures.
Page 19 of 23
P'ptC;goEH5
GRalNl] IIERn;IGE,
FIRIG/I
I r U r Ul"'
SPECIAL
TERMS
AND CONDITIONS
DSD - Engineering
10000 N. El Mirage
Road
El Mirage,
AZ 85335
Phone:
(623) 972-8116
Fax:
(623) 876-4605
ProjectNumber:
EM25-NTCPOI
17.
CONTRACT
DEFAULT:
The City, by written
notice of default
to the contractor,
may terminate
the whole or any part of
this contract
in any one of the following
circumstances:
a.
If the contractor
fails to make delivery
of the materials/supplies
or to perform
the services within
elements
of the project
schedule
or the time specified;
or
b.
If the contractor
fails to perform
any of the other provisions
of this contract;
and fails to remedy the situation
within
a
period of ten (10) days after receipt
of notice.
[REMAINDER OF PAGE INTENTIONALLY
LEFT BLANKI
Page 20 of 23
WCityof
s
EL MIRAGE
b_-
.,.,..,.
GRAND 11}3nA
GF. BRiGH
I F U rUllD
CONTRACTOR'S
LICENSE
DSD - Engineering
10000 N. El Mirage
Road
El Mirage,
AZ 85335
Phone:
(623) 972-8116
Fax:
(623) 876-4605
Project Number:
EM25-NTCPOI
€
Attach
a copy of your Contractor's
License
Page 21 of 23
-
IMPORTANT NOnCE -
YOU MUST:
1 ,) REPORT DISASSOCIA'nON OF QIIALIFYING PARTY p
WITHIN 15 DAYS. [SEE A.R.S.
@ 32-1154(A)(18)]
2.) REPORT A CHANGE OF ADDRESS 7WlTHlN
30 DAYS. [SEE A.R.S. !J 32-li22(B)(1)1
3,) REPORT ANY TRANSFER OF OWNERSHIP OF 50% OR MORE IMMEDIATELY [SEE A.R.S.
§324151.01]
-
4.) REPORT ANY CHANGE IN LEGAL ENTff\ SUCH AS ANY CHANGE OF THE OWNERSHIP IN A SOLE
PROPFIIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW
CORPORATE ENTffY [SEE A.R.S. g 32-1124(B%F) @ RULE R49-1 10]
Weems Asphalt LLC
uCENSEEFFE(,TtVETHROUGH:
April30,2025
STATE OF ARIZONA
Registrar
of Contractors
CERTIFIES 'n-IAT
Weetng
Aaphalt
LLC
535 N 51st Ave, #Ste 200
Phoenlx, AZ 85043
CONTRACTORS LICENSE NO.
ROC 324339
CL"SS
CR-9
Specialty Dual
Concrete
THIS CARD MUST BE
PRESENTED UPON DEMAND
-
IMPORTANT NOTICE -
YOU MUST:
t,) REPOFITDISASSOCIATIONOFQuALIFYINGPAR1Y[WITHIN15DAYS.[SEEA.R.S.
! 32-1154(A%18)]
2.) REPORT ACHANGEOFADDRESSpWITHIN30DAYS.[SEEA.R.S.§32-1122(B)(1)]
3,) REPORT ANY TRANSFER OF OWNERSHIP OF 50% OR MORE IMMEDIATELY [SEE A.R.S.
032-1151.011
4.) REPORT ANY CHANGE IN LEGAL ENnTY, SUCH AS ANY CHANGE OF THE OWNERSHIP IN A SOLE
PROPFIIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW
CORPORATE ENTITY. [SEE A.R.S. ! 32-1124(B)(F) § RLILE R+9-1 10]
Weems Asphalt LLC
LICENSEEFFECTiVETHROu3H:
April30,2025
STATE OF ARIZONA
Registrar
of Contradors
CERTIFIES THAT
Weems
Asphalt
LLC
535 N 51st Ave, #Ste 200
Phoenix, AZ 85043
CONTRACTORS LICENSE NO.
ROC324338
C'AS8
CR-Ei9
Specialty
Dual
Asphalt
Paving
THIS CARD Mu8T BE
PRESENTED UPON DEMAND
!!EtCMG'
go4fH4
GRAND Ilr
RI TalGr. RR)GJ4T F i/7 URN!
LIST OF SUBCONTRACTORS
DSD - Engineering
10000 N. El Mirage
Road
El Mirage,
AZ 85335
Phone:
(623)972-8116
Fax:
(623) 876-4605
Project Number:
EM25-NTCPOI
The below list needs to include
any subcontractor
or supplier
whose contract
is anticipated
to be above 5% of the total Contract
price submitted.
The name of any subcontractors
or suppliers
whose contract
is anticipated
to be at or below 5% of the total
Contract
price is not required
to be included.
LIST
OF SUBCONTRACTORS
To Accompany
the OFFER
The following
Subcontractors
will be employed
to perform
the designated
categories
of Work under this Contract:
CATEGORY
of Work*
FIRM
NAME
AND
BUSINESS
ADDRESS
PHONE
of Subcontractors
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Authorized
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NAME
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Place title of subcontractor
specialty.
Page 22 of 23
!!&CM':go4Eg4
GRrlRD Hrl7;IGF.
BRIGHT
FUTURE.'
AFFIDAVIT
FOR SETTLEMENT
OF
CLAIMS
DSD - Engineering
10000 N. El Mirage
Road
El Mirage,
AZ 85335
Phone:
(623) 972-8116
Fax:
(623) 876-4605
Project
Number:
EM25-NTCPOI
CONTRACTOR'S
AFFIDAVIT
SETTLEMENT
OF CLAIMS
DATE:
PROJECTNO:EM25-NTCPOI
NAME:
Varney
Road Speed Cushion
Installation
TO: City of El Mirage
Gentlemen:
This is to certify
that all lawful
claims for materials,
rental of equipment,
and labor used in connection
with the construction
of the
above, whether
by subcontractor
or claimant
in person, have been duly discharged.
The undersigned,
for the consideration
of $
, as set forth in the final pay estimate,
as full and complete
payment
under the term- s of the contract,
hereby waives
and relinquishes
any and all further
claims-or
right of lien under, in connection
with,
or
as
a
result
of
this
project.
The
undersigned
further
agrees
to
indemnify
and
hold
harmless
against any and all liens, claims of liens, suits, actions,
damages,
charges and
expenses whatsoever,
which
may suffer arising out of the failure
of the undersigned
to -pay for all labor performance
and materials
furnished
for the performance
of said project-.
-
Signedat
,this
dayof
,20
(CONTRACTOR)
BY:
ST ATE OF ARIZONA
)
)%
COUNTY
OF MARICOPA
)
The foregoing
instrument
was subscribed
and sworn to before me this
day of
. 20
.
Notary
Pubic
Mv Commission
Exoires:
Page 23 of 23