CIP 62227 - Fishel Company
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73203 characters
Project Number:
62227
Department:
Wastewater
Total Capital Cost:
$250,000.00
Type:
Capital Improvement
Request description:
Capital Costs
FY2023
FY2024
Total
Planning
$0.00
Design
$0.00
Engineering
$0.00
Land/Right-of-way
$0.00
Construction/Maintenance
$0.00
Equipment/Vehicle/Furnishings
$0.00
Other
$125,000.00
$125,000.00
$250,000.00
Total
$125,000.00
$125,000.00
$250,000.00
Funding Source
FY2023
FY2024
Total
149 - Special Projects
$0.00
511 - Water
$0.00
513 - Ranchettes
$0.00
541 - Sewer
$125,000.00
$125,000.00
$250,000.00
Total
$125,000.00
$125,000.00
$250,000.00
Account Codes (Capital Costs):
541-5-7581-617
$250,000.00
$250,000.00
Type of Project
Strategic Priority
Bond Eligible
Grant Funding
Project Status
Division
No
No
Unmodified
Utilities
Collections System Replacement Program
This request is for a Collections System Replacement Program for the El Mirage wastewater collection system. Many of the sewer lines are approaching the end of their
useful life and no program currently exists to replace any sections of the system. This program will provide funding on a three-year basis to video inspect and replace
sections of the sewer system that are found to have failed or show signs of failure in the near future. The data used to determine the lines to be replaced will be provided
through a three-year rotating video inspection program.
The 2021 National Community Survey found that 74% of El Mirage residents rate wastewater services favorably, and 91% of residents feel it is important to focus on
utility infrastructure in the next 2 years.
Additional Information
Improvement
Superior Infrastructure
91
City of
EL MIRAGE
\, LU ,A
Gllll,'l(IJHFRITAGf. Rk/GHrn TWU·!
CITY OF EL MIRAGE
JOB ORDER CO TRACT
WATER AND WASTEWATER PROJECTS - PW19 -JOC02
THIS CONTRACT is made and entered into this fo day of FeJ>HA-~v~ , 201..1_, ("Effective Date"), by
and
between
the
City
of
El
Mirage,
an
Arizona
municipal
corporation
("City"),
and
The Fishel Com an
, a(n)
S-Cor oration
corporation ("Contractor").
RECITALS
A. The City of El Mirage is authorized and empowered by provisions of the City Code to execute contracts for
professional services by and through its City Manager;
B. The City desires to provide construction services on an as-needed basis to support the work for the Water
and Wastewater Job Order Contract program, as more fully described in the Scope of Work and referred to
as the "Project;"
C. The City requires professional services for this Project and desires to contract with the Contractor to
provide these services.
D. Contractor is duly qualified to perfom1 the requested services.
AGREEMENT
NOW, TH ERE FORE, in consideration of the mutual promises and obligations set forth herein, the parties
hereto agree as follows:
I.
PROJECT DESCRIPTION
This Job Order Contract (JOC) is for the Contractor to perform a broad range of on-call maintenance,
repair, rehabilitation and construction projects relating to water and wastewater maintenance, repair, and
construction services in the City of El Mirage and City of Surprise Original Town Site. For projects
determined by the City to be appropriate for this JOC, the City will request the Contractor prepare a scope
of work, cost proposal, and project schedule. If acceptable, the City will issue an individual job order
agreement and direct the Contractor to proceed with the work. The Contractor is neither guaranteed a
minimum amount of work nor any jobs at all. The City reserves the right and will issue job order
agreements based on the ability of the Contractor to meet the City's work schedule and the availability of
trades and expertise in relation to each project.
2.
SCOPE OF WORK
The City of El Mirage owns and maintains a network of water and wastewater facilities and infrastructure.
Currently the City owns one {I) water reclamation facility, ten (10) water production facilities, one (I)
wastewater lift station, approximately one hundred twenty ( 120) miles of water distribution lines and
approximately sixty (60) miles of sewer lines.
The scope of work will include work tasks as requested and described below relating to a variety of water
and wastewater projects. These projects will include any or all of the following: earthwork and landscaping,
structural, electrical, mechanical, instrumentation and control, and any other related functions required.
The following activities may be included in individual projects. If the Contractor does not have direct
expertise in some of these areas, they must demonstrate the knowledge needed to act as the general
contractor utilizing specialty subcontractors for specific work elements.
Work Activities (including but not limited to):
a.
Permitting - obtain all necessary permits required to complete projects, including but not limited
to; off-site/right-of-way, building safety, dust control, traffic control, etc.
b.
Installation of new water, reclaimed water, wastewater, and storm drainage and pipelines and all
appurtenances including related work.
c.
Rehabilitation of new water, reclaimed water, wastewater, and storm drainage and pipelines and
all appurtenances including related work.
d.
Asphalt/concrete repair -
Ensure proper repair or replacement including full depth section,
overlays, and patches to restore damaged areas.
e.
Installation of landscaping to restore areas damaged by construction.
f.
Utility locating (potholing) underground utilities and obstructions.
g.
Preparation of construction estimates - City staff may desire to use the Contractor during capital
project planning or design stages to perform construction estimates.
3.
LOCATION OF THE WORK
All work is located within the City of El Mirage and the City of Surprise Original Town Site, Maricopa
County, Arizona.
4.
CONTRACTORS LICENSE
Contractor shall be a licensed contractor through the Arizona Registrar of Contractors and have the proper
classification to perform the work specified in this contract.
5.
CONTRACT TERM
This Contract is a three (3) -year contract and commences on February I, 2019, and expires January 3 1,
2022. The City may at its sole option and with the consent of the Contractor, extend the period of this
Contract up to two (2) additional years in one ( I) -year increments. The Contractor shall be noti tied in
writing when the contract renewal has been approved within thirty (30) days of contract expiration.
Either party has the right to cancel this contract at any time with a thirty (30) -day written notice.
6.
GUARANTEE
The Contractor shall guarantee all work and operation of materials provided for one ( I) year after
completion of the work.
7. ORDERING WORK
a.
Contractor shall provide the City with a written cost proposal for each project.
Proposals shall be itemized per the job pricing matrix and the job order cost proposal. Estimates are
binding on the Contractor. However, conditions which will alter the original estimate may be brought
to the attention of the City's Project Manager ("Project Manager") for approval. Such notification will
occur quickly enough so as not to delay any project underway.
b.
Contractor shall proceed with work only upon obtaining an off-site/ROW permit from the Engineering
Department and the receipt of a purchase order. The City will waive any City of El Mirage permit fees.
8.
SCOPE OF WORK MEETING
Prior to the commencement of any work on a project, a scope meeting will be held. Minimum attendance
of the Contractor's staff shall include a responsible company official and the job superintendent. The
agenda will include:
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•
Critical elements of the work schedule.
•
The traffic control plans in writing.
•
Coordination with the involved utility firms.
•
Emergency telephone numbers for all representatives involved in the course of construction.
•
Names and telephone numbers for all subcontractors proposed for use on the project.
9.
CONTRACTOR'S CONSTRUCTIO SCHEDULE
The Contractor shall prepare and submit for approval a construction schedule outlining the proposed
sequence of operations. The schedule shall conform to specific li mitations of operations specified herein
and to the approved traffic control plan.
10. CHANCES IN THE WORK
The Public Works Director may at any time, as the need arises, order changes within the scope of work of
any job order agreement without invalidating the agreement. If such changes increase or decrease the
amount due under the Contract documents, or in the time required for performance of the work, an
equitable adjustment shall be authorized by written change order.
The Public Works Director also, may at any time, by issuing a written field order, make changes in the
details of the work for any job order agreement. The Contractor shall proceed with the performance of any
changes in the work so ordered unless the Contractor believes that such written field order entitles him/her
to a change in Contract price or time, or both, in which event Contractor shall give the City written notice
thereof within three (3) days after the receipt of the field ordered change, and the Contractor shall not
execute such changes pending the receipt of an executed change order or further written instruction from
the City.
11. LAYOUT, FIELD MEASUREMENTS AND 1 SPECTION OF SURFACES
Contractor shall be solely responsible for the accuracy of measurements and laying out their own work and
shall make good any errors due to faulty measurements taken, information obtained, layout, or failure to
report discrepancies. The City will assist the Contractor in establishing preliminary working lines and
benchmarks.
The Contractor shall notify the Project Manager in writing of any defects noted in such surfaces that are to
receive their work. The Project Manager will direct such surfaces to be remedied.
12. INSPECTIO
City Inspectors ("Inspectors") will monitor the work site(s) to report as to the progress of the work, the
manner in which it is being performed, and report whenever it appears that material furnished or work
performed by the Contractor fails to fulfill the requirements of the job order agreement. The Inspectors may
direct the attention of the Contractor to such failures or infringement.
In a case of a dispute arising between the Inspector and the Contractor as to material furnished or the
manner of performing the work, the Inspector shall have the authority to reject materials or suspend the
work until the question and issue can be referred to and decided by the Public Works Director or designee.
Inspectors are not authorized to revoke, alter, enlarge, relax, or release any requirements of the
specifications. Inspectors shall in no case act as foremen or perform other duties for the Contractor or
interfere with the management of the work by the Contractor.
Inspection or supervision by the Public Works Director or designee shall not be considered as direct control
of the individual worker and/or their work. The direct control shall be solely the responsibility of the
Contractor.
13. 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 contract is completed and accepted by the City. Partial payment on
work so completed shall not release the Contractor from such responsibility, but they shall turn over the
entire work in full accordance with these specifications before final settlement shall be made.
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14. STOCKPILE OF MATERIALS
The Contractor may, if approved by the Project Manager, place materials in the public right-of-way
provided they do not prevent access to adjacent properties or prevent compliance with traffic regulations.
Traffic shall not be required to travel over stockpiled materials, and proper dust control shall be maintained.
15. SUPERVISION BY CONTRACTOR
The Contractor shall supervise and direct the work and shall be solely responsible for the means, methods,
techniques, sequences and procedures of construction. The Contractor shall employ and maintain at the
work site a qualified supervisor or superintendent who shall have been designated in writing by the
Contractor as the Contractor's representative at the site. The representative shall have full authority to act
on behalf of the Contractor and all communications given to the representative shall be as binding as if
given to the Contractor. The representative shall be present on the site at all times as required to perform
adequate supervision and coordination of the work.
16. STANDARD SPECIFICATIONS AND DETAILS
Except as otherwise noted, construction of this project and all work done under this Contract shall be in
accordance with these specifications and all applicable Uniform Standard Specifications For Public Works
Construction sponsored and distributed by Maricopa Association of Governments (MAG), MAG Standard
Details, the City of El Mirage supplements to MAG Standard Details, and City of Surprise supplements to
MAG Standard Details, including the latest approved revisions thereto in force at the time of bid
advertisement, which shall be referred to hereinafter as the "Standard Specifications." In all cases where
accepted standards (American Water Works Association (A WWA), American National Standards Institute
(ANSI), American Association of State Highway and Transportation Officials (AASHTO), Arizona
Department of Transportation (ADOT), American Society for Testing and Materials (ASTM), MAG, etc.,
are referred to in the "Standard Specifications," the latest revisions as of bid advertisement shall prevail.
17. DUMPING AND DISPOSAL OF WASTE
The Contractor is responsible for the cost to dispose of all waste products including excess earth material
which will not be incorporated into the work under this contract. The waste product referred to herein shall
become the property of the Contractor, unless otherwise directed by the Public Works Director.
18. CLEAN UP
Clean up shall include the removal of all excess materials in conjunction with the project accumulated on
any driveways, curbs, landscaping, or any other surface. No special payment will be made for this item.
The Contractor shall, upon completion of the work, remove all temporary construction facilities, debris,
and unused materials provided for in the work, and put the work site of the work and public right-of-way in
a neat and clean condition. No special payment will be made for this item.
19. DUST PREVENTION
The Contractor shall take whatever steps, procedures or means required to prevent abnormal dust
conditions due to construction operations in connection with this contract. The dust control measures shall
be maintained at all times during construction of the project to the satisfaction of the Public Works Director
and in accordance with the requirements of the Maricopa County Health Department Air Pollution Control
and Environmental Protection Agency (EPA) regulations. Contractor will work under the City's Dust
Control permit.
20. MISCELLANEOUS REMOVAL AND RELOCATIONS
Miscellaneous removals and relocations shall be construed to mean the removal of all unsuitable materials
whether designated or implied by the plans and specifications and shall include but not be limited to the
removal of such items as pipes, concrete, asphalt, block, brick, rock, metal, etc. of every nature and
description, unless such items are specifically designated in a separate line item. Certain items require
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temporary removal and reinstallation such as mail box stands, sign posts, survey monument frames and
covers, etc., and are included in this category.
21. TRAFFIC CONTROL
Most projects will be small enough where major traffic control will not be required. Quotes will be
requested for each project. If the need for major traffic control arises for a certain project the cost for traffic
control can be added as a separate line item. Any revisions shall be submitted to Public Works for review
and approval.
All traffic shall be regulated in accordance with MAG Specifications; the City of Phoenix Traffic Barricade
Manual, latest edition; and the Manual on Uniform Traffic Control Devices (MUTCD).
The Contractor shall have the full responsibility and liability for traffic control under each job order
agreement. The Contractor shall submit a Traffic Control Plan to the Public Works Department for
approval prior to beginning any work under any job order agreement. It shall be noted that Traffic under
this Contract shall include all motor vehicles, bicyclists, and pedestrians.
The Contractor shall notify all adjacent or affected residents or businesses at least 48 hours in advance of
any street, alley, sidewalk, and driveway closures and make suitable arrangements to have all vehicles
moved to a satisfactory location outside the closed area.
Access shall be maintained to adjacent businesses at all times during construction. Where property has
more than one point of access, no more than one access shall be restricted or closed at any one time. Access
to adjacent private driveways shall be maintained during all non-working hours.
No measurement will be made for traffic control. No payment will be made for traffic control. The cost
thereof shall be included in the price bid submitted for the construction or installation of the items to which
such traffic control is incidental or appurtenant.
22. SURVEY CONTROL POINTS
Existing survey monuments shall be protected by the Contractor or removed and replaced under the direct
supervision of the City Public Works Department. Prior to construction, it is the responsibility of the
Contractor to notify the City of any survey monuments which need to be referenced off. Any monuments
which are lost and have not been referenced off due to the Contractor's negligence and lack of notification
to the City shall be replaced at the Contractor's expense. Lot corners shall not be disturbed without
knowledge and consent of the property owner and only after such corner has been properly referenced for
replacement.
23. PROTECTION OF EXISTING FACILITIES
The Contractor shall protect all existing facilities during construction. Utility poles that may be affected by
the construction activities shall be protected and/or braced by the Contractor. The Contractor shall notify
the appropriate Utility Company or agency of any construction that may affect their facilities and state the
course of action, which will be taken to protect same.
24. TESTING OF MATERIALS
Most projects will be small enough where testing is not required. All tests shall be done according to City
of El Mirage Material Testing Guidelines and results certified by an independent laboratory approved by
the City. All material testing should be included in the project price.
25. COOPERATION WITH UTILITIES
a.
The Contractor shall assume full responsibility for all damage to all utilities, the locations of which
have been made known to them due to their operations, and shall repair the damaged utilities as
required herein, at their own expense.
b.
The Contractor shall contact the City's Public Works Department for blue-staking of all traffic signals,
when required.
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c.
The Contractor shall comply with the requirements of the A.R.S 40-360.21 through 40-360.29 in
notification to the interested utility owners prior to the start of construction and shall ascertain the
approximate locations of the various underground utilities shown on the plans, and as may be brought
to their attention. The exact location of these underground utilities shall be determined by excavations
made by the Contractor prior to any trenching operations. When the Contractor's operations result in
damage to any utility, the location of which has been brought to their attention, they shall assume full
responsibility for such damage.
d.
It is the Contractor's sole responsibility to coordinate with the utility companies to have any conflicts
between existing utilities and the new construction project resolved. The City will not be held
responsible fo r any delay claims due to such conflicts.
e.
Any waterlines or fire hydrants damaged during construction shall be replaced at the Contractor's
expense as per the requirements of the MAG Standard Specifications.
f.
No water valve, sewer manhole or clean out shall be left damaged or inaccessible for more than seven
(7) working days. If deficiencies are not corrected within the prescribed time period, the necessary
repairs will be affected by the City at the Contractor's expense.
26. PROJECT COMPLETION
Project Completion is full completion of all construction associated with a job order agreement, including,
but not limited to, punch list items, close out documentation, Operation & Maintenance manuals,
warranties, and record drawings as certified by the Architect or Engineer of record.
27. FINAL ACCEPTANCE
Final Acceptance shall mean a written final acceptance of the work by the Public Works Director who shall
make the final acceptance promptly after all work under the contract has been completed in accordance
with the job order agreement and after final inspection.
28. APPLICABLE LAW
In the performance of this contract, Contractor shall abide by and confonn 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 Contract. It is the policy of the City of
El Mirage that suppliers of goods or services to the City adhere to a policy of equal employment
opportunity and demonstrate an affirmative effort to recruit, hire, and promote regardless of race, color,
religion, gender, national origin, age or disability.
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 A.R.S. §38-5 11 . The City may, within three (3) years after its
execution, cancel this Contract, without penalty or further obligation, made by the City or any of its
departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or
creating this Contract on behalf of the City or any of its departments or agencies is, at any time while the
Contract or any extension of the contract is in effect, an employee or agent 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.
29. 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,
6
arising out of this Contract, or on account of any breach or default hereof, the prevailing party shall be
entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses,
determined by the court sitting without a jury 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.
30. ASSIGNMENT - DELEGATION
No right nor interest in this Contract nor delegation of any duty of Contractor shall be made without prior
written permission of the City.
31. 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.
32. 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; 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
party 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 delivery 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 tenn 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 party is delayed at any time in the progress of the work by force majeure,
then the delayed party 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 Cer/ified-Relurn 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.
33. BRIBES AND KICK-BACKS
The 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;
7
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 manufacturers of
project goods and materials; or,
d.
Without the express written permission of the City, 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 pecuniary interest.
34. RIGHT TO ASSURANCE
Whenever one party to this contract in good faith has reason to question the other party's intent to perform
he 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.
35. 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.
36. LICENSES
Contractor shall have at the time of bid 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. 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 bid submittal. The determination shall be made by the City.
37. 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.
38. ADVERTISING
Contractor shall not advertise or publish information concerning this Contract, without prior written
consent of the City.
39. WORK METHODS
The methods, equipment and appliances used on the work shall be such as will produce a satisfactory
quality of work, and shall be adequate to complete any job order agreement within the time limit specified.
Except as is otherwise specified, the Contractor's procedure and methods of construction may, in general,
be of their 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.
The work covered by any job order agreement 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. They shall conduct their construction operations in such a
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manner as to avoid injury to their personnel and to avoid damage to all utilities. Any damage done will be
repaired without delay and at the expense of the Contractor.
40. CITY PERMITS
The Contractor shall obtain a no fee engineering permit from the City of El Mirage and the City of
Surprise. The Contractor will be responsible for any required Maricopa County permits or other agency
permits.
41. INDEPENDENT CONTRACTOR
a. General
1.
The Contractor acknowledges that all services provided under this Contract are being provided as
an independent contractor, not as an employee or agent of the City of El Mirage.
11.
Both parties agree that this Contract is nonexclusive and that Contractor is not prohibited from
entering into other contracts nor prohibited from practicing their profession elsewhere.
b. Liability
The City of El Mirage shall not be liable for any acts of Contractor outside the scope of authority
granted under this Contract or as the result of Contractor's acts, errors, misconduct, negligence,
omissions and intentionalacts.
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 injury 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 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 is exempt from coverage of the Comprehensive Benefit and
Retirement Act (COBRA). Any such fringe benefits shall be the sole responsibility of Contractor.
42. WARRANTY
Each offer shall provide a one year warranty/guarantee against defects in materials, faulty workmanship
and/or performance for all items required of the specifications. Contractor further warrants that all services
provided under any job order agreement resultant of this Contract shall conform to the specifications of
this Contract and any resulting job order agreement.
43. PAYMENTTERMS
If payment terms are not indicated, tern1s of NET 30 days shall be applied by the City. Payment terms to
apply after receipt of invoice or final acceptance of the products/services, whichever is later. Payment terms
offering less than twenty (20) days for payment will not be considered. A separate invoice shall be issued
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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.
44. PROVISIONS REQUIRED BYLAW
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
inserted, or is not correctly inserted, then upon the application of either party, the contract will forthwith be
physically amended to make such insertion or correction.
45. 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.
46. RELATIONSHIP TO PARTIES
It is clearly understood that each party shall act in its individual capacity and not as an agent, employee,
partner, joint venturer, 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.
47. INTERPRETATION-PAROL EVIDENCE
This Contract represents the entire Contract 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 carrying 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 ofno effect.
48. 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 remedied immediately by the Contractor.
49. COMPLIANCE
The Contractor's products, services, and facilities shall be in full compliance with all applicable Federal,
State, and local health, environmental, and safety laws, regulations, standards, and ordinances, regardless of
whether or not they are referred to by the City. All transactions related to this Contract and any order
resulting from it shall be governed by the laws of the State of Arizona. Contractor is to supply Safety Data
Sheets (S.D.S.) in accordance with Federal requirements. Contractor entering the City workplace with
hazardous materials or using hazardous materials on any City property or right-of-way shall supply the City
with a S.D.S. covering those particular products the Contractor may expose City employees or the general
public to while working at the site. The S.D.S. must be in compliance with OSHA Regulation 19 10.1200,
paragraph g.
10
50. 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 prosecution 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 its own cost and
expense.
51. CHARACTER AND STATUS OF WORKERS
Only skilled supervisors and workers shall be employed on work requiring special qualifications. When
required by the Public Works Department, the Contractor shall discharge any person who is, in the opinion
of the Public Works Director, 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.
52. TRAFFIC
All traffic affected by services performed pursuant to this contract shall be regulated in accordance with the
City of Phoenix -Traffic Barricade Manual, latest edition and the City of Phoenix in the Traffic Barricade
Manual shall be referred to as the City of El Mirage City Engineering Department for interpretation.
53. INSURANCE REQUIREMENTS
The Contractor, at Contractor's own expense, shall purchase and maintain the herein stipulated minimum
insurance with companies possessing a current A.M. Best, Inc. Rating of A- and duly licensed to do
business in the State of Arizona with policies and forms satisfactory to the City. All insurance required
herein shall be maintained in full force and effect at all times during the term and any extension of this
contract; 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 contain deductibles which shall not exceed twenty-five percent (25%) of the
contract price. The Contractor shall be solely responsible for deductible retention and the City, at its option,
may require the Contractor to secure the payment of such deductible. No insurance required under this
contract may be written on a "claims made" basis.
The City reserves the right to request and to receive, within ten ( I 0) 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.
54. 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 $3,000,000 General Aggregate Limit. The policy shall include
coverage for bodily injury, broad form property damage, personal injury, products/completed
11
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 0002 11 093 or any replacement thereof.
Any Contractor subletting any part of the work, services or operations awarded to the Contractor shall
purchase and maintain, at all times during prosecution of the work, services or operations under this
Contract, an Owner's and Contractor's Protective Liability insurance policy for bodily injury and
property damage, including death, which may arise in the prosecution of the Work or Contractor's
operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than
$ I ,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues
the Contractor's Commercial General Liability insurance.
b.
Automobile Liability
Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined
single limit for bodily injury and property damage of not less than $300,000 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 shall be at least as broad as coverage code I, "any
auto", (Insurance Service Office, Inc. Policy Form CA 0001 1293, 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 property 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 $ I 00,000 for each accident, $ I 00,000
disease for each employee, and $500,000 disease policy limit.
In case any work is subcontracted, the Contractor shall require the Subcontractor to provide Workers'
Compensation and Employer's Liability to at least the same extent as required of the Contractor.
55. CERTIFICATES OF INSURANCE
Prior to commencing Services under this Contract, Contractor shall furnish 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. 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.
56. CO TRACT DEFAULT
The City, by written notice of default to the Contractor, may terminate the whole or any part of this contract
immediately in any one of the following circumstances:
a.
If the Contractor performs the services in a manner the City determines creates an unreasonable risk of
harm or injury to the public or any property of the City; 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 five (5) calendar days after receipt of notice.
57. TERMINATION FOR CONVE IE CE
The City reserves the right to terminate any contract, with or without cause, upon thirty (30) days written
notice. The City shall be responsible for the payment for services completed by Contractor prior to the
effective date of the termination.
58. DELAY IN EXERCISING CONTRACT REMEDY
Failure or delay by the City to exercise any right, power, or privilege shall not be deemed a waiver thereof.
12
59. TAX EXEMPTION
The City is exempt from paying Federal Excise Taxes and shall furnish an exemption certificate upon
request.
60. LATE SUBMISSION OF CLAIM
The City will not honor any invoices or claims which are tendered more than six (6) months after the last
item of the account accrued.
61. LIABILITY
Except for the negligence of the City, its officers, managers, employees, or agents, Contractor shall be
liable to the City for any physical damage to City property or for the death of, or personal injury to, City
personnel arising out of Contractor's occupancy, maintenance, repair, replacement, installation and/or any
other work performed pursuant to the contract. Contractor agrees to indemnify, defend and hold the City
harmless from any claim or loss arising from such damage or injury.
62. CONTRACT SUBJECT TO APPROPRIATIONS
Payments by the City required under the terms of this contract are subject to appropriation by the Council
of the City of El Mirage. The obligation of City to make any payment pursuant to this contract is a current
expense of the City, payable exclusively from annual appropriations, and is not a general obligation or
indebtedness of the City. If the City Council fails to appropriate money sufficient to pay the fee amounts as
set forth in this contract during any succeeding fiscal year, City shall provide Contractor written notice that
this contract shall terminate at the end of the current fiscal year and that City shall be relieved of any
subsequent obligation of payment under this contract upon such termination and neither the City nor any
official or employee of the City shall be obligated or liable for any future payments or for any damages as a
result of termination under this paragraph.
63. COOPERATIVE USE OF CONTRACT
In addition to the City of El Mirage, this Contract may be extended for use by other municipalities,
government agencies and governing bodies, including the Arizona Board of Regents, and political
subdivisions of the State. Any such usage by other entities must be in accord with the ordinances, charter
and/or rules and regulations of the respective entity and the approval of the Contractor.
13
64.
AUTHORITY AND APPROVALS
Each party hereby warrants and represents that it has full power and authority to enter into and
perform this Contract, and that the person signing on behalf of each has been properly authorized
and empowered to enter i n t o this C o n t r a c t . Each party further acknowledges that it has
read this C o n tr a c t , understands it, and agrees to be bound by it.
City of El Mirage,
an Arizona municipal corporation
ATTEST
The Fishel Company
a(n) S - Corporation
.......
By:
Rick Druin
Its:
Regional Manager
14
JOB PRICING MATRIX
PW19-JOC02
JOB ORDER CONTRACT FOR WATER AND WASTEWATER PROJECTS
COMPANY NAME
THE FISHEL COMPANY
JOC MATRIX
$1.00 - $5,000
$5,001 - $10,000
$10,001 - $30,000
Over $30,000
INDIRECT COST
y
0
Ge Overhead
12
12
12
12
t,
::i,,
rt
Ge Profit
10
10
10
10
'"O
rt
1-j
Pl
~
Subcontractor
5
5
5
5
1-'·
(1
(1
::::r
lT1
Bonds
1
1
0.7
0.7
1-'·
3
::i
(1)
Insurance
1
1
1
1
AZ/County /City /Tax
6.265
6.265
6.265
6.265
IQ
::i
rt
:s:
Pl
rt
::i,,
1-j
1-'·
TOTAL INDIRECT COST%
35.265%
35.265%
34.965%
34.965%
~
Attachment "B"
SAMPLE JOB ORDER AGREEMENT
THIS AGREEMENT is made and entered into this _ ___ _
day of ___ , 20_, by and between
_ ___ ______ _ _ ., (hereinafter referred to as "Contractor") and the City of El Mirage, Arizona, a municipal
corporation, (hereinafter referred to as "City").
Whereas, City issued Request for Proposal (hereinafter "RFQ) No. PWl9 - JOC02 seeking proposals from
contractors to provide Job Order Contracting for water and wastewater projects on property owned and/or controlled by City;
and,
Whereas, Contractor submitted a response to City RFQ No. PW 19 - JOC02 offering to provide Job Order
Contracting for water and wastewater projects from identified property owned and/or controlled by City (hereinafter
"Proposal"); and,
Whereas, Contractor was awarded a Contract to provide services in conformance with the requirements of RFQ No.
PWl9-JOC02.
NOW, THEREFORE, Contractor and City hereby agree as follows:
I. Contractor agrees, at its own cost and expense, to do all the work and furnish all the equipment, personnel and materials
necessary to provide, in a good and substantial manner and to the satisfaction of the City, the following work, Job Order
Contracting for water and wastewater projects, in accordance with the City of El Mirage RFQ No. PW 19 - JOC02 and
Contractor's contract in response to RFQ No. PW 19 - JOC02, which are hereby specially referred to and by such
reference made a part hereof in their entirety. RFQ No. PW 19 - JOC02 shall consist of the following documents, which
are incorporated herein by this reference: Notice of Request for Qualifications; Instructions and Proposal Conditions;
Scope of Work and Project Specifications; General Terms and Conditions; Proposal; Appendices; and Exhibits.
2. City agrees to pay Contractor, and Contractor agrees to accept, as full compensation for furnishing all equipment,
personnel and materials and for doing all the work contemplated and embraced in this Agreement, the amounts set forth
in Contractor's contract in response to RFQ No. PW 19 - JOC02.
3. The City hereby promises and agrees with the Contractor to retain, and does hereby retain, Contractor to provide the
equipment, and personnel and materials and to do the work according to the terms and conditions herein contained and
referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the
conditions as provided; and the said parties for themselves, their heirs, executors, administrators, successors and assigns,
do hereby agree to the full performance of the covenants herein contained.
4. It is further expressly agreed by and between the parties that should there be any conflict between the terms of this
Agreement, RFQ No. PW 19 - JOC02 or the Proposal, then this Agreement and the provisions terms of RFQ No. PW 19 -
JOC02 shall control and nothing herein shall be considered as an acceptance of the terms of the said Proposal conflicting
herewith or RFQ No. PW 19 - JOC02, unless expressly so stated herein.
5. Time is of the essence to the terms of this contract.
6. FEDERAL AND STATE 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. § 23-2 14(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 property 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 constitute a material breach of the Agreement and the City shall
have the right to immediately terminate the Agreement.
16
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. § 4 1-4401, 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.
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.
Executed and entered into on the date first written above.
CITY:
CONTRACTOR:
Public Works Department Director
(Contractor Representative)
17
Sample Job Order Agreement (cont.)
EXHIBIT A
SCOPE OF WORK
(Attach Contractor Scope of Work)
18
Sample Job Order Agreement (cont.)
PW19-JOC02
JOB ORDER COST PROPOSAL
CONTRACTOR NAME: I
Contract Type:
Water Wastewater JOC - PW19-JOC02
Job Order#:
City Project Manager:
Fee Type:
Location:
Job Title:
Description of work to be performed:
(Supporting Information attached)
SECTION 1: LABOR {Inclusive of burden)
Position
Unit
Project Manager
Hours
Project Engineer
Hours
Superintendent
Hours
Foreman
Hours
Specialty Operator
Hours
Equipment Operator
Hours
Skilled Tradesman (Journeyman)
Hours
Skilled Worker (Apprentice)
Hours
Semi Skilled Worker
Hours
Laborer
Hours
Quantity
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
SECTION 2: EQUIPMENT (Supporting into attached)
Item
Unit
Quantity
Equipment 1
Hours
1.00
Equipment2
Hours
1.00
Equipment 3
Hours
1.00
Equipment4
Hours
1.00
Equipment 5
Hours
1.00
Equipment6
Hours
1.00
Equipment7
Hours
1.00
Equipments
Hours
1.00
City Project#:
Contractor's Job#:
Prepared by:
Fee Type:
Location:
Job ntle:
Labor Cost
Each
$
-
$
$
-
$
$
-
$
$
-
$
$
-
$
$
-
$
$
-
$
$
-
$
$
-
$
$
-
$
Total Labor Cost
Equipment Cost
Each
$
-
$
$
-
$
$
-
$
$
-
$
$
-
$
$
-
$
$
-
$
$
-
$
Total
Total
Total Equipment Cost
19
Position
Total
-
$
-
-
$
-
-
$
-
-
$
-
-
$
-
-
$
-
-
$
-
-
$
-
-
$
-
-
$
-
$
-
Item
Total
$
-
-
$
-
-
$
-
-
$
-
$
-
-
$
-
-
$
-
-
$
-
$
-
SECTION 3: MATERIALS
Materials
Item
Unit
Quantltv
Each
Total
Materials 1
Each
1.00
$
-
$
-
Materials 2
Box
1.00
$
-
$
-
Materials 3
Roll
1.00
$
-
$
-
Materials4
Ton
1.00
$
-
$
-
Materials 5
Yard
1.00
$
-
$
-
Materials 6
SqFt
1.00
$
-
$
-
Materials 7
LFt
1.00
$
-
$
-
Materials 8
CuFt
1.00
$
-
$
-
Total Material Cost
SECTION 4: SUBCONTRACTORS & CONSULTANTS
Company
Description of Work to be Perfomed (supporting quote & Info attached}
I
Total Subcontractor Cost
OVERHEAD:
.__ __
___:%_. ___ ..Ji(% to be taken from JOC Pricing Matrix Form)
PROFIT:
.__ __
___:%..:..• ___ ..Ji(%
to be taken from JOC Pricing Matrix Form)
Subtotal Genereal Contractor Costs (1+2+3):
O&P (% of 1+2):
Total General Contractor Costs including O&P:
I :
Subtotal Subcontractor Costs (4):
Subcontractor Profits (5" of 4):
Total Subcontractors Costs Including Profit:
I :
TOTAL GC Cost (Including O&P) and Subcontractor:
$
-
Costs (including Subcontractor Profit):
Insurance Costs @I 1.00%
Bond Costs @) 1.SO% to 1.00
Sales Tax L" of-"):
Tax Exemption Credit:
Subtotal Job Cost:
Contingencies
TOTAL JOB COST:
Submitted by:
Name. Title
$
-
$
-
$
-
$
-
$
-
1$
I
1$
- I
1$
Date
20
Item
Total
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
Total
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
Issued By:
License No.
EM3774
City of El Mirage
10000 N. El Mirage Road
El Mirage, AZ 85335
City of El Mirage
BUSINESS LICENSE
Period Ending: 12/31/2019
CONTRACTOR
Issued To:
The Fishel Company
Team Fishel
1366 Dublin Road
Columbus Ohio 43215
This certifies that the above named business has paid the required license fee and is hereby
authorized to carry on business in the City of El Mirage, for the period ending as stated above.
IN WITNESS WHEREOF, I Director of Licensing, have hereunto set my hand on January 3rd, 2019
License Officer
THIS LICENSE IS NOT TRANSFERABLE AND MUST BE POSTED IN A CONSPICUOUS PLACE
1:
'I
,I
I
11
II
ACORD®
CERTIFICATE OF LIABILITY INSURANCE
I
DATE (MM/DD/YYYY)
~
0 1/02/20 19
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pDlicy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
NAME:
MCGRIFF, SEIBELS & WILLIAMS, INC.
;ljgNJn Extl: 800-476-221 1
I FAX
P.O. Box 10265
(A/C No):
Birmingham, AL 35202
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC#
INSURER A :Arch Insurance Companv
11150
INSURED
INSURER B :NaviQators Insurance Company
42307
The Fishel Company
1366 Dublin Road
INSURER C:
Columbus, OH 43215
INSURER D :
INSURER E:
INSURER F:
COVERAGES
CERTIFICATE NUMBER: NTJUAX6W
REVISION NUMBER:
THIS IS TO CERTIFY THAT T HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
AU0L Su<>"
POLICY EFF
POLICY EXP
LIMITS
LTR
TYPE OF INSURANCE
INSD wvn
POLICY NUMBER
IMM/DD/YYYY\ IMM/DD/YYYY\
A
X COMMERCIAL GENERAL LIABILITY
31PKG8940602
08/01/2018
08/01/2019
EACH OCCURRENCE
s
2,000,000
- ~
CLAIMS-MAOE 0 OCCUR
UAMAC,~ TO KENTED
PREMISES (Ea occurrence)
s
1,000,000
-
-
--
MED EXP (Any one person)
s
10,000
-
PERSONAL & ADV INJURY
s
1,000,000
4,000.000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
s
Fl
[RJPRO-
DLoc
PRODUCTS - COMP/OP AGG s
4,000,000
POLICY
JECT
OTHER:
s
A
AUTOMOBILE LIABILITY
31 PKG8940602
08/01/2018
08/0112019
COMBINED SINGLE LIMIT
2,000,000
tEa accident\
s
X ANY AUTO
BODILY INJURY (Per person)
s
1-- OWNED
-
SCHEDULED
BODILY INJURY (Per accidenl) $
,-- AUTOS ONLY
-
AUTOS
X HIRED
X NON-OWNED
PROPERTY DAMAGE
$
,-- AUTOS ONLY
-
AUTOS ONLY
/Per accident\
$
B
X UMBRELLA LIAB M
OCCUR
GA 18EXC879221 IV
08101/2018
08/01/2019
EACH OCCURRENCE
$
5,000,000
1--
EXCESS LIAB
CLAIMS-MADE
AGGREGATE
$
5,000,000
OED I X I RETENTION s
s
A
WORKERS COMPENSATION
31WCl8940402 (Stop Gap is
08/01/2018
08/01/2019 XI :,.~~UTE
I
IOTH-
AND EMPLOYERS' LIABILITY
included for Ohio)
ER
Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE •
E.L. EACH ACCIDENT
s
1,000,000
OFFICER/MEMBER EXCLUDED?
N/A
(Mandatory In NH)
E.L. DISEASE - EA EMPLOYEE s
1,000,000
If yes, describe under
E.L. DISEASE - POLICY LIMIT s
1,000,000
DESCRIPTION OF OPERATIONS below
s s s s s
DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
JOB ORDER CONTRACT· WATER AND WASTEWATER PROJECTS · PW19 • JOC02
Certificate Holder is Additional Insured on a primary, non-contributory basis with respects to General Liability and Automobile Liability when required by w ritten contract.
Waiver of Subrogation applies with respects to General Liability and Automobile Liability when required by written contract. In the event of cancellation by the insurance
company(ies) the policy(ies) has been endorsed to provide 30 days Notice of Cancellation (except for non-payment) to the certificate holder shown below.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of El Mirage
AUTHORIZED REPRESENTATIVE
fr~
10000 N. El Mirage Rd
El Mirage, AZ 85335
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© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03)
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 31PKG8940602
COMMERCIAL AUTO
CA 04 4410 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Named Insured: The Fishel Company
Endorsement Effective Date: 8/1/2018
Name(s) Of Person(s) Or Organization(s):
As required by w ritten contract
SCHEDULE
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior
to the "accident" or the "loss" under a contract with
that person or organization.
CA 04 4410 13
© Insurance Services Office, Inc., 2011
Page 8 of 88
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POLICY NUMBER: 31PKG8940602
COMMERCIAL GENERAL LIABILITY
CG 20 10 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
Any person or organization w hen required
All Locations
by written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the
additional
insured(s)
at
the
location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional
insureds,
the
following
additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All
work,
including
materials,
parts
or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged
in
performing
operations for a
principal as a part of the same project.
CG20100413
© Insurance Services Office, Inc., 2012
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ll6lJ 8.m:6W
Page 11 of 88
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available
under the
applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This
endorsement
shall
not
increase
the
applicable Limits of Insurance shown in the
Declarations.
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Page II of 88
© Insurance Services Office, Inc., 2012
CG20100413
POLICY NUMBER: 31PKG8940602
COMMERCIAL GENERAL LIABILITY
CG 20 37 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS- COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed Operations
Any person or organization when required
All Locations
by written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed
for that
additional
insured
and
included in the "products-completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available
under the
applicable
Limits
of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
CG 20 37 04 13
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© Insurance Services Office, Inc., 2012
Page 1 of 1
COMMERCIAL GENERAL LIABILITY
CG 20 01 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY.-
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 0413
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© Insurance Services Office, Inc., 2012
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - BLANKET
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
Under Covered Autos Liability Coverage, the Who is An Insured provision is amended to include as
an "insured" the person or organization who is required under a written contract to be included as an
"insured" under this policy, but only with respect to their legal liability for your acts or omissions or the act
or omissions of a person for whom Covered Autos Liability Coverage is afforded under this policy.
All other terms and conditions of this policy remain unchanged.
Endorsement Number:
Policy Number: 31PKG8940602
Named Insured: The Fishel Company dba Team Fishel
This endorsement is effective on the inception date of this Policy unless otherwise stated
herein: Endorsement Effective Date: 8/1/2018
00 CA011 5 00 10 13
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POLICY NUMBER: 31PKG8940602
COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
As required by written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09
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© Insurance Services Office, Inc., 2008
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