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City of
ELMIRAGE
CITY OF EL MIRAGE
JOB ORDER CONTRACTING SERVICES FOR
GENERAL CITYWIDE CONSTRUCTION - PW19 - JOC03
THIS CONTRACT is made and entered into this .5t/..,J.ay of ~.
20__1.!j, ("Effective Date"), by
and
between
the
City
of El
Mirage,
an
Arizona
municipal
corporation
("City"),
and
awe Enterprises Inc. dba WoodruttConstruclion
, a(n) ___ ___ -=s _ _____ corporation ("Contractor").
RECITALS
A. The City ofEl 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 Job Order Contracting (JOC) services for general citywide construction on an
as-needed basis to provide a variety of citywide construction projects including building, altering,
maintaining, repairing, improving, or demolishing any public structure or building of various scopes and
sizes, 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 perform the requested services.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, the parties
hereto agree as follows:
1.
PROJECT DESCRIPTION
This JOC is for a broad range of building, altering, maintaining, repairing, improving, or demolishing any
public structure or building of various scopes and sizes on an as-needed basis at various project locations
throughout the City of El Mirage, Arizona. 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. Although the City anticipates that awarded contractors will be issued 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 several public facilities including but not limited to a Police
Station, a Fire Station, City Hall, a Public Works facility, a Senior Center, a Court facility, a Customer
Service facility, a Library facility, 10 water utility facilities, and 13 parks/open space areas.
The scope of work will include work tasks as requested and described below relating to a variety of
citywide construction projects. These projects will include any or all of the following: earthwork and
landscaping, structural, electrical, mechanical, plumbing, HV AC, drywall, painting, and any other related
general contracting functions.
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.
Permit Management: The attainment of permits from any and all jurisdictions which the project
may require, including but not limited to the City of El Mirage and Maricopa County.
b. Construction: The physical construction of the work, through competitive subcontractor
selection/bidding and/or self-performance as dictated by the unique needs of each individual
project.
c.
Cost Proposals: Upon the request of the owner, project cost proposals may be submitted either as a
lump sum or as a Guaranteed Maximum Price (GMP). GMP cost proposals shall be "open book" with
full transparency provided to the Owner and any project allowance savings will be returned to the
Owner at the end of the project.
d.
Federal Compliance: Where federal monies are utili,ed, the scope shall include prevailing wage
compliance as per the Davis Bacon Act and submission of weekly certified payroll. The City of El
Mirage will notify the contractor if federal grants are utilized.
e.
Project Close-Out: The preparation, maintenance, or modification of the Owner's project close-out
documentation including, but not limited to: RLS certified survey as-built, CAD updates to as-built
documents, operations and maintenance manuals, warranty manuals, turnover of certified payroll
documentation (federal projects only), City, County, State, or Federal agency special close-out
requirements, and maintenance personnel training (if applicable). 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, 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 for a three-year term. The City may at its sole option and with the consent of the
Contractor, extend the period of this Contract up to two additional years in one-year increments. The
Contractor shall be notified in writing when the contract renewal has been approved within 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 year after completion
of the work and each offer shall provide a one-year warranty/guarantee against defects in materials, faulty
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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.
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 ofa 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:
•
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 CONSTRUCTION SCHEDULE
The Contractor shall prepare and submit for approval a construction schedule outlining the proposed
sequence of operations. The schedule shall conform to specific limitations of operations specified herein
and to the approved traffic control p Ian.
10. CHANGES 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 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.
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11. LAYOUT, FIELD MEASUREMENTS AND INSPECTION 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. INSPECTION
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
perfonned 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.
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.
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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. CLEANUP
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
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
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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 Depattment 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 comers shall not be disturbed without
knowledge and consent of the property owner and only after such comer 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 MATERJALS
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.
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b.
The Contractor shall contact the City's Public Works Department for blue-staking of all traffic signals,
when required.
c.
The Contractor shall comply with the requirements of the A.R.S 40-360.21 through 40-360.43 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.
lt 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 for 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
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. FINALACCEPTANCE
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 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 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 cou1ts in the State of
Arizona.
This Contract is subject to the cancellation provisions of A.R.S. §38-511.
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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,
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 pa11Y reasonable attorneys' fees and reasonable costs and expenses,
detennined 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
perfonnance 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 ofa 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 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 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
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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.
lnduce 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 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 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.
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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
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
i.
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.
ii.
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 intentional acts.
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
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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. PAYMENT TERMS
If payment terms are not indicated, terms 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 days for payment will not be considered. 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.
43. 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
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.
44. 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.
45. RELATIONSHlP 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 shal I 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.
46. 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.
47. 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.
48. 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 prnperty or right-of-way shall supply the City
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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 1910.1200,
paragraph g.
49. 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.
50. 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.
51. 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 refe1Ted to as the City of El Mirage City Engineering Department for interpretation.
52. 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 (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.
12
53. 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
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.
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 00011293, or any replacements thereof). Such
insurance shall include coverage for loading and off loading hazards. Jf ha1..ardous 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 $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 shall require the Subcontractor to provide Workers'
Compensation and Employer's Liability to at least the same extent as required of the Contractor.
54. 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 fomial 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 ( I 5) days prior to the expiration date.
55. CONTRACTDEFAULT
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
13
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.
56. TERMINATION FOR CONVENIENCE
The City reserves the right to terminate any contract, with or without cause, upon thirty days written notice.
The City shall be responsible for the payment for services completed by Contractor prior to the effective
date of the termination.
57. 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.
58. TAX EXEMPTION
The City is exempt from paying Federal Excise Taxes and shall furnish an exemption certificate upon
request.
59. LATE SUBMISSION OF CLAIM
The City will not honor any invoices or claims which are tendered more than six months after the last item
of the account accrued.
60. 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 pw-suant to the contract. Contractor agrees to indemnify, defend and hold the City
harmless from any claim or loss arising from such damage or injury.
61. 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.
62. 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.
63. BOYCOTT OF ISRAEL
Contractor certifies that it is not currently engaged in and agrees for the duration of this Agreement that it
will not engage in a boycott oflsrael as set forth in A.RS.§ 35-393 and§ 35-393.01.
14
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 t r a c t , understands it, and agrees to be bound by it.
City ofEI Mirage,
an Arizona municipal corporation
ATTEST
-
BWC Enterprises Inc. dba Woodruff Construction ,
a(n) S-Corporation
By: Wade Woodruff
Its: Vice President
15
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JOB PRICING MATRIX
·-
PW19-JOC03
JOB ORDER CONTRACTING SERVJCES FOR GENERAL CITYWIDE CONSTRUCTl10N
COMPANY NAME
BWC Enterprises Inc. dba Woodruff Construction
JQC.MATRIX
$1.00 -$5,GOO
$SJ)t1 -$10,000
$10.001 -$30,000
Over $30,000
INDtRECT COIT
,Ge Ovemelldi
8%
8%
8%
8%
~
Ge Prcflt
8%
7%
6%
5%
Subcontrector
12%
12%
12%
11%
Bonda
2%
2%
2%
2%
IMltlnce
1.2%
1.2%
1.2%
1.2%
AZ/CoumyJC'dyJ Tax
9.3%
9.3%
9.3%
9.3%
TOTAL INDIRECT COIT%
28.5% to 40.5%
27.5% to 39.5%
26.5% to 38.5%
25.5% to 36.5%
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. PW19 - JOC03 seeking proposals from
contractors to provide Job Order Contracting for general citywide construction projects on property owned and/or controlled
by City; and,
Whereas, Contractor submitted a response to City RFQ No. PW 19 - JOC03 offering to provide Job Order
Contracting for general citywide construction 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 ofRFQ No.
PW19 - JOC03.
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. PWl 9 - JOC03 and
Contractor's contract in response to RFQ No. PW19 - JOC03, which are hereby specially referred to and by such
reference made a part hereof in their entirety. RFQ No. PW19 - JOC03 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. PW19 - JOC03.
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 - JOC03 or the Proposal, then this Agreement and the provisions terms of RFQ No. PW 19 -
JOC03 shall control and nothing herein shall be considered as an acceptance of the terms of the said Proposal conflicting
herewith or RFQ No. PW! 9 - JOC03, 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. § 23-214(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 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.
17
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.RS. § 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)
18
Sample Job Order Agreement (cont.)
EXIIlBIT A
SCOPE OF WORK
(Attach Contractor Scope of Work)
19
Sample Job Order Agreement (cont.)
PW19-JOC03
JOB ORDER COST PROPOSAL
COIJb'aa Yvna;
Wi1terWaS1ewa1er JDC· PW~JOCD2
'atw PRliKt I:
JobOldert:
~dolb II:
OtYPnlilCt
-dlw;
Fee,_:
FaeTVDe:
l.aclldoa:
l.llmlo11:
Jobntt.:
JobllUe:
SECTION 1: LABOR t1ndia1we oft1111duJ
labarCost
Position
Poslllon
Unit
Quantity
fldl
Tclbl
'hltal
Prollld Ma11anr
Hours
1.00
$
.
s
s
ProJad Enlinaer
Houn;
1.00
$
.
$
s
Superi11te11dent
Hours
i.oo
$
.
s
s
Foteman
Hours
1.00
s
s
s
SDtelaltv 0Mrtl0f
HoUl'I
1.00
s
.
$
.
s
fnulD!n@lll Q-,w
Hours
l.00
$
.
$
$
Skllltd Trad1smanfJ
n}
Hours
1.00
$
.
$
-
$
Sldled Worter IAn11tentl,iel
Hol.ll'll
1.00
$
.
s
s
.
Semi Sldll1d WOfbr
Hours
1.00
s
-
s
$
.
tabofer
ttol.ll'll
1.00
$
-
$
$
-
Timi ~r(IJ,st
$
rauromentcost
lblm
Item
UNl
Qu-,.lltv
Eadt
Total
T«-1
-.rom1nt1
Houri
1.00
s
-
$
.
s
Eaufpmenl2
Houts
LOO
$
-
s
s
-
Eaufoment3
Houts
1.00
$
.
$
-
s
.
r.wrament4
Hows
1.00
$
-
s
s
EaulpmentS
Houts
1.00
s
.
s
.
s
Fnuloment&
ttoW'.l
1.00
$
.
s
s
.
l'nufomu-it7
How,;
1.00
s
s
-
s
-
.,,,,,llamente
IIO.n
).(JQ
$
s
s
-
Total &luhan,ent COit
s
.
20
SECTION 3: MATERIALS
Materials
Item
Unit
Quantity
Each
Total
Materials 1
Each
1.00
$
-
$
-
Materials 2
Box
1.00
$
-
$
-
Mate rials3
Roll
1.00
$
-
$
-
Materlals4
Ton
1.00
$
-
$
-
MaterlalsS
Yard
1.00
s
-
s
-
Materials 6
Sqft
1.00
s
-
$
-
Materials 7
LFt
1.00
$
-
s
-
Materials 8
Cuft
1.00
s
-
s
-
Total Material Cost
SECTION 4: SUBCONTRACTORS & CONSULTANTS
Company
OVERHEAD:
PROFIT:
Subtotal Genereal Contractor Costs (1+2+3):
0&P (% of 1+2):
Total General Contractor Costs Including 0&P:
s ubtotal Subcontractor Costs (4):
Subcontractor Profits (5% of 4):
Total Subcontractors Costs Including Profit:
Description of Work to be Perfomed (supportlnsquoto & Info attached)
I
Total Subcontractor Cost
._ _ __ % ____ ..,!(% to be taken from JOC Pricing Matrix Form)
~---0_% _ _ _ ~ !(% to be taken from JOC Pricing Matrix Form)
$
$
$
$
$
TOTAL GC Cost (Including 0&P) and Subcontractor:
s
Costs (Including Subcontractor Profit):
Insurance Costs @ 1.00°-'
Bond Costs @ 1.50% to 1.00
Sales Tax L% of_%):
Tax Exemption Credit:
Subtotal Job Cost:
Contingencies
TOTALJOB COST:
Submitted by:
Name. Tltle
$
$
s
s
s
I s
I s
Date
2 1
Item
Total
$
-
$
-
$
-
$
-
$
-
$
-
s
-
$
-
s
-
Total
$
-
$
-
$
-
s
-
s
-
$
-
$
-
$
-
$
-
-~
BWCENTE-06
B GILMQRF
ACC>Ro··
CERTIFICATE OF LIABILITY INSURANCE
I
DATE (MM/DDIYYYY)
\,_...--·
2(19(2019
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 policy(les) 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 endorsemenl(si.
PRODUCER
l?.l?t:1¥,<CT Bethany Gilmore
Eaton-Provident Grou~, LLC dba EPG Insurance
r..t:g,N:o, Ext): (480) 385-7336
I FAX
(
4835 E. Cactus Road, uite 246
(A/C, No): 480) 946-3512
Scottsdale, AZ 85254
x~J~~s- bgllmore@.epgagency.com
INSURERISI AFFORDING COVERAGE
NAIC#
1NsuRERA: Vallev Forae Insurance Comoanv
20508
INSURED
INSURER B: The Continental Insurance Co.
35289
BWC Enterprises, Inc. dba: Woodruff Construction
INSURER c: Transcortation Insurance Co ...
20494
2710 E. Lakin Drive
INsURERD: RLI Insuran ce Company
13056
Flagstaff, AZ 86004
INSURER E:
INSURER F:
COVERAGES
CERTIFICATE NUMBER·
REVISION NUMBER·
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. N01W1THSTANDING 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.
1~::
TYPE OF INSURANCE
1~fs SUBR
POLICY NUMBER
,~LJWv~1 ,~LJWvWv1
LIMITS
·w,m
A X COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$
1,000,000
t-- ~
CLAIMS-MADE 0 OCCUR
DAMAGE TO R8'1TED
100,000
X
5093649218
7/11/2018
7/11/2019
oo~l 1C'.'~c rs=a occur once)
$
I--
MEO EXP (Any one """'onl
$
15,000
t--
1,000,000
PERSONAL & ADV INJURY
s
t--
2,000,000
R
L AGGRm LIMIT APPI.IES PER:
GENERAi.AGGREGATE
s
POLICY X ~~ n LOC
J'RODUCTS • COMP/Of!,GG
$
2,000,000
-
--
OTHER:
$
B
AUTOMOBILE LIABILITY
fe~~~~~~11SINGLE LIMIT
$
1,000,000
t--X At,N AUTO
5093649204
7/11/2018
7/11/2019
BODILY INJURY /Par oarsonl
$
t-- OWNED
-
SCHB)ULED
t-- AUTOS ONLY
-
AUTOS
BODILY INJURY /Per acx:idenll S
X ~lMPsoNLY
X ~&&'mt~
W.~J~~AMAGE
s
I--
-
Hi red Auto PD
50,000
$
B X UMBRELLA LIAB IX OCCUR
I
EACH OCCURRENCE
s
1,000,000
EXCESSLIAB
CLAIMS-MADE
5093649199
7/11/2018
7/11/2019
AGGREGATE
$
1,000,000
OED I X I RETENTION$
10,000
s
C
WORKERS COMPENSATION
XI ~~TIJTE I I :?~H-
AND EMPLOYERS' LIABILITY
Y/N
5099040086
1/1/2019
1/1/2020
1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE •
E.L EACH ACCIDENT
s
~m~~1~~ffl EXCLUDED?
NIA
1,000,000
E.L DISEASE· EA EMPLOYEE S
gr~:.ffl~ ~h)PERATIONS below
E.L DISEASE - POLICY LIMIT s
1,000,000
D Rented/Leased Equip
ILM0706144
7/11/2018
7/11/2019 w/ $1,000 Ded
150,000
DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES t CORD 101 , Addl1Ional Remark• schedule, may be attachad If more sMce Is required)
RE: Job Order Contracting Services for Genera Citywide Construction - PW19 - JOC03. The City of El
lrage Is Additional Insured with respects to General
Liability when required by written contract per form CNA75079XX 10/16.
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.
AUTHORIZED REPRESENTATIVE
City of El Mirage
~
10000 N El Mirage Rd
IS::I Mlr~nn 117 111:'!.'!.I;
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
C'NA
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I.
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are
required by written contract to add as an additional insured on this coverage part, but only with respect to
liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by
your acts or omissions, or the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract; or
B. in the performance of your work subject to such written contract, but only with respect to bodily injury or
property damage included in the products-completed operations hazard, and only if:
1. the written contract requires you to provide the additional insured such coverage; and
2. this coverage part provides such coverage.
II. But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under
the 10-01 edition of CG2037; or
B. additional insured coverage with "arising out of' language; or
C. additional insured coverage to the greatest extent permissible by law;
then paragraph I. above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are
required by written contract to add as an additional insured on this coverage part, but only with respect to
liability for bodily injury, property damage or personal and advertising injury arising out of your work that
is subject to such written contract.
Ill. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not
provide such additional insured with:
A. coverage broader than required by the written contract; or
B. a higher limit of insurance than required by the written contract.
IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property
damage, or personal and advertising injury arising out of:
A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services,
including:
1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; and
2. supervisory, inspection, architectural or engineering activities; or
B. any premises or work for which the additional insured is specifically listed as an additional insured on
another endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is
amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in
this coverage part:
CNA75079XX {10-16)
Page 1 of 3
Insured Name: BWC Enterprises Inc dba Woodruff Construction
Policy No: 5093649218
Endorsement No:
Effective Date: 07/11/2018
copyright CNA All Rights Reserved. Includes copyrighted material or Insurance services Office, Inc., wnh Its permission.
C'NA
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a
named insured, this insurance is primary to and will not seek contribution from such other insurance, provided
that a written contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured; or
2.
primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above, this insurance will be excess of all other insurance available to the additional
insured.
VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL
GENERAL LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the
addition of the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the
investigation, defense, or settlement of the claim; and
3. make available any other insurance, and tender the defense and indemnity of any claim to any other
insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this
coverage part. However, if the written contract requires this insurance to be primary and non-
contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named
insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer
receives written notice of a claim from the additional insured.
VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is
amended to add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or
organization an additional insured on this coverage part, provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy; and
B. was executed prior to:
1. the bodily injury or property damage; or
2. the offense that caused the personal and advertising injury;
for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
CNA75079XX (10-16)
Page 2 of 3
Insured Name: BWC Enterprises Inc dba Woodruff Construction
Policy No: 5093649218
Endorsement No:
Effective Date: 07/1 1/2018
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
C'NA
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers,
takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is
shown below, and expires concurrently with said Policy.
CNA75079XX (10-16)
Page 3 of 3
Insured Name: BWC Enterprises Inc dba Woodruff Construction
Policy No: 509364921 B
Endorsement No:
Effective Date: 07/11/2018
Copyright CNA All Rights Reserveel. lnclueles copyrighteel material of Insurance Services Office, Inc., with its permission.