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SWWTP Intensification Project
Bid Number # 24-03
PROJECT MANAGER:
Matt Egan
928-668-0559
megan@wickenburgaz.gov
BID INFORMATION: Electronic Documents
www.wickenburgaz.gov/bids
BID SUBMITTAL DUE DATE:
March 6, 2025 January 23, 2025 December 5, 2024, 11:00 a.m.,
Arizona Time
Please Note: If documents are downloaded from the Town of Wickenburg website, the
contractor is responsible for obtaining any amendments either through updates on the
website or contacting the town through the project manager listed above.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised January 11, 2024
-ii-
TABLE OF CONTENTS
PAGE
NOTICE AND CALL FOR BIDS ..................................................................................................... 1
PART I – GENERAL CONDITIONS - INFORMATION FOR BIDDERS AND BIDDING
REQUIREMENTS ................................................................................................................... 3
1.1
ELIGIBILITY AND PREFERENCE ......................................................................... 3
1.2
PRE-BID CONFERENCE .......................................................................................... 4
1.3
SUBMITTING BIDS .................................................................................................. 4
1.4
BID SECURITY .......................................................................................................... 6
1.5
SPECIAL NOTICE ..................................................................................................... 6
1.6
WITHDRAWAL OF BID ........................................................................................... 7
1.7
INTERPRETATION OF PLANS AND DOCUMENTS .......................................... 7
1.8
SUBSTITUTION OF MATERIAL OR EQUIPMENT ............................................. 7
1.9
ADDENDA ................................................................................................................. 8
1.10
AWARD OR REJECTION OF BIDS ........................................................................ 8
1.11
BIDDERS INTERESTED IN MORE THAN ONE BID .......................................... 8
1.12
CONTRACT AND BONDS ....................................................................................... 9
1.13
ASSIGNMENT OF CONTRACT .............................................................................. 9
1.14
PLANS AND SPECIFICATIONS TO SUCCESSFUL BIDDER ............................ 9
1.15
CONTRACT TIME..................................................................................................... 9
1.16
NOTICE OF REQUIREMENT OF COMPLIANCE WITH PERMIT
CONDITIONS ............................................................................................................ 10
1.17
CONSTRUCTION MANAGER AND ENGINEER ............................................... 10
1.18
SEPARATE CONTRACTS ....................................................................................... 10
1.19
BID PROTESTS ......................................................................................................... 11
PART II – GENERAL CONDITIONS - DEFINITIONS .................................................................. 12
2.1
DEFINITIONS .......................................................................................................... 12
PART III - GENERAL CONDITIONS - AWARD AND EXECUTION OF CONTRACT............ 16
3.1
AWARD .................................................................................................................... 16
3.2
EXECUTION OF CONTRACT ............................................................................... 16
3.3
CONTRACTOR'S INSURANCE ............................................................................ 16
3.4
REQUIREMENT OF CONTRACT BONDS .......................................................... 20
3.5
INDEMNIFICATION OF THE TOWN AGAINST LIABILITY .......................... 20
3.6
SAFETY WARRANTY ........................................................................................... 21
3.7
NOTICE TO PROCEED........................................................................................... 22
PART IV - GENERAL CONDITIONS - COMMENCEMENT, PROSECUTION AND
PROGRESS ............................................................................................................................ 23
4.1
COMMENCEMENT ................................................................................................ 23
4.2
SUBCONTRACTORS .............................................................................................. 24
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised January 11, 2024
-iii-
4.3
CONTRACTOR'S REPRESENTATIVE AND EMERGENCIES ......................... 24
4.4
CONTRACT DOCUMENTS ................................................................................... 25
4.5
ERRORS AND OMISSIONS ................................................................................... 26
4.6
QUALIFICATIONS FOR EMPLOYMENT ........................................................... 26
4.7
CHARACTER OF WORKERS................................................................................ 26
4.8
MAINTENANCE OF TRAFFIC .............................................................................. 27
4.9
CLEANUP AND DUST CONTROL ....................................................................... 27
4.10
SANITATION ........................................................................................................... 28
4.11
WATER ..................................................................................................................... 28
4.12
CONSTRUCTION STAKING ................................................................................. 28
4.13
BLUE STAKE ........................................................................................................... 28
4.14
UTILITIES SHOWN ON THE PLANS................................................................... 29
4.15
UTILITIES NOT SHOWN ON THE PLANS ......................................................... 29
4.16
DRIVEWAYS AND WALKS .................................................................................. 30
4.17
TREES AND SHRUBBERY .................................................................................... 30
4.18
IRRIGATION DITCHES AND STRUCTURES ..................................................... 30
4.19
ROADS AND FENCES ............................................................................................ 30
4.20
PROTECTION OF WORK AND CLEANING UP ................................................ 31
4.21
METHODS AND EQUIPMENT ............................................................................. 31
4.22
SUSPENSION OF WORK ....................................................................................... 32
4.23
DELAYS AND EXTENSION OF TIME ................................................................ 32
4.24
TOWN'S RIGHT TO CARRY OUT THE WORK ................................................. 33
4.25
TERMINATION FOR BREACH OF CONTRACT ............................................... 33
PART V - GENERAL CONDITIONS - CONTROL OF WORK .................................................... 34
5.1
TIME OF WORK ..................................................................................................... 34
5.2
ENGINEER TO INTERPRET CONTRACT DOCUMENTS ................................ 39
5.3
FORMAL PROTEST ................................................................................................ 39
5.4
PLANS ....................................................................................................................... 40
5.5
CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS ................. 40
5.6
COORDINATION
AND
INTERPRETATION
OF
PLANS
AND
SPECIFICATIONS .................................................................................................... 40
5.7
ORDER OF WORK .................................................................................................. 41
5.8
COOPERATION BETWEEN CONTRACTORS ................................................... 41
5.9
INSPECTION ............................................................................................................ 41
5.10
LINES AND GRADES ............................................................................................. 42
5.11
USE OF SITE ............................................................................................................ 42
5.12
SEPARATE CONTRACTS TO THE OWNER ...................................................... 42
5.13
TESTS........................................................................................................................ 43
PART VI - GENERAL CONDITIONS - CHANGES IN THE WORK ........................................... 44
6.1
CHANGES IN THE WORK..................................................................................... 44
6.2
PRICING OF CHANGES ......................................................................................... 44
6.3
COST PLUS ADJUSTMENT .................................................................................. 46
6.4
EFFECT ON SURETIES .......................................................................................... 46
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised January 11, 2024
-iv-
PART VII - GENERAL CONDITIONS - MATERIALS AND WORKMANSHIP ........................ 47
7.1
GENERAL ................................................................................................................ 47
7.2
SUBSTITUTION OF MATERIAL OR EQUIPMENT ............................................ 47
7.3
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES .................................... 47
7.4
MATERIALS FURNISHED BY THE TOWN ........................................................ 48
7.5
STORAGE OF MATERIALS .................................................................................. 48
7.6
REJECTED MATERIALS AND WORK ................................................................. 49
7.7
GUARANTEE OF WORK - WARRANTY ............................................................. 49
7.8
NO
EXERCISE
OF
AUTHORITY
BY
ENGINEER
AND
CONSTRUCTION MANAGER ............................................................................... 51
PART VIII - GENERAL CONIDITIONS - LEGAL RELATIONS AND RESPONSIBILITY
................................................................................................................................................. 52
8.1
LAWS TO BE OBSERVED ...................................................................................... 52
8.2
HOURS OF LABOR .................................................................................................. 52
8.3
ALIEN LABOR ......................................................................................................... 52
8.4
LABOR DISCRIMINATION .................................................................................... 52
8.5
PERMITS AND LICENSES ..................................................................................... 53
8.6
PATENTED DEVICES, MATERIALS, AND PROCESSES .................................. 53
8.7
SURVEY LAND MONUMENTS ............................................................................ 53
8.8
PROTECTION OF PERSON AND PROPERTY .................................................... 53
8.9
CONSTRUCTION SAFETY PROGRAM AND REGULATIONS ........................ 54
8.10
PROTECTION OF ANTIQUITIES .......................................................................... 54
8.11
CONTINGENCIES .................................................................................................... 55
8.12
NON-RESPONSIBILITY OF THE OWNER........................................................... 55
8.13
PROPERTY RIGHTS IN MATERIAL ..................................................................... 55
8.14
MISCELLANEOUS WORK ..................................................................................... 55
8.15
PROTECTION OF FINISHED OR PARTIALLY FINISHED WORK .................. 55
8.16
NOTICE OF CLAIM COMPLIANCE ...................................................................... 56
PART IX - GENERAL CONDITIONS - COMPLETION OF WORK, LIQUIDATED
DAMAGES AND FINAL ACCEPTANCE .......................................................................... 57
9.1
FAILURE TO COMPLETE WORK WITHIN TIME FOR COMPLETION
AND LIQUIDATED DAMAGES ............................................................................ 57
9.2
COMPLETION/LIQUIDATED DAMAGES ........................................................... 58
9.3
FINAL CLEANING UP ............................................................................................ 58
9.4
AS-BUILT DRAWINGS ........................................................................................... 58
9.5
COMPLETION AND INSPECTION ........................................................................ 59
9.6
FINAL ACCEPTANCE ............................................................................................. 59
PART X - GENERAL CONDITIONS - PAYMENTS TO CONTRACTORS ................................ 60
10.1
GENERAL ................................................................................................................. 60
10.2
PARTIAL PAYMENT............................................................................................... 60
10.3
PAYMENT OF ITEMS IN BID ................................................................................ 61
10.4
PAYMENT FOR "EXTRA WORK" AND FOR "CHANGES IN THE
WORK\ ....................................................................................................................... 61
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised January 11, 2024
-v-
10.5
ASSIGNMENT OF PAYMENTS ............................................................................. 61
10.6
FINAL PAYMENT AND CONTRACT CLOSEOUT............................................. 61
BID FORMS ...................................................................................................................................... A-1
BID BOND ........................................................................................................................................ B-1
AFFIDAVIT BY CONTRACTOR ................................................................................................... C-1
BIDDER’S RESPONSIBILITY ....................................................................................................... D-1
NOTICE OF AWARD ...................................................................................................................... E-1
CONTRACT ..................................................................................................................................... F-1
AUTHORIZED SIGNATURE FORM ............................................................................................ G-1
PERFORMANCE BOND ................................................................................................................. H-1
LABOR AND MATERIALS BOND ................................................................................................ I-1
CERTIFICATE OF INSURANCE .................................................................................................... J-1
NOTICE TO PROCEED................................................................................................................... K-1
CHANGE ORDER FORM ............................................................................................................... L-1
CONTRACTOR'S AFFIDAVITS REGARDING SETTLEMENT OF CLAIMS ........................ M-1
SPECIAL CONDITIONS ............................................................................................................... SC-1
TECHNICAL SPECIFICATIONS ................................................................................................. TS-1
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-1-
NOTICE AND CALL FOR BIDS
TOWN OF WICKENBURG, ARIZONA
Project Name:
SWWTP Intensification Project
Project Number:
Bid 24-03
Bid Opening Date:
March 6, 2025 January 23, 2025 December 5, 2024 11:00 a.m.
Location of Bid
Opening:
Town Clerk’s Office
155 North Tegner Street, Suite A
Wickenburg, AZ 85390
Bid Documents
available at:
Electronic Bid Documents: www.wickenburgaz.gov/bids
For assistance, please call Amy Brown, 928-684-5451, Ext. 1517
Date and Location for Submittal of Bids: Sealed bids will be received at the Town of
Wickenburg in the Town Clerk’s office, Wickenburg Town Hall, 155 N. Tegner, Suite A,
Wickenburg, Arizona 85390 until 11:00 A.M. Arizona Time, December 5, 2024, January 23,
2025, March 6, 2025 for furnishing all necessary labor, equipment, materials and performing all
work for the Project. Any bid received after the time specified will be returned unopened. It is
the bidder’s responsibility to assure proposals are received at the above location on or before the
specified time.
Bid Documents: The Bid Documents are available at www.wickenburgaz.org/bids and consist
of the bid packet, WIFA Contact Documents and Wage Determination, and GHD, Inc.
Engineered Plans. All bids must be submitted in a sealed envelope clearly marked “SWWTP
Intensification Project” with solicitation number Bid 24-03 identified on the envelope. Bidders
should also list their business name and address on the front of the sealed envelope. Bidders shall
submit their Bid with an original and two (2) copies and the Bid shall be submitted either on the
forms provided in this Solicitation or on their substantial equivalent. Any substitute document
must be legible and contain the same information requested on the forms provided.
Pre-Bid Conference: A pre-bid conference will be held at 11:00 AM, on November 20, 2024,
at the South Treatment Plant, located at 1006 South Tegner Street, Wickenburg, Arizona 85390.
It is highly recommended that all prospective bidders attend, as bidder responsibility issues will
be discussed, along with Project requirements.
Project Summary: Construction work, in general, consists of providing all labor and materials
necessary to install a Liquid Design Stream Intensification Process at the SWWTP per the
contract documents; and other incidental work. The SWWTP is currently permitted as a 0.8
MGD wastewater treatment plant that serves the Town of Wickenburg’s population of
approximately 7,695. The project goal is to improve and expand the liquid stream capacity of the
existing SWWTP from 0.8 MGD to 1.2 MGD through an intensification technique that utilizes
Mobile Organic BiofilmTM (MOB). The MOB process upgrade includes introducing media into
the bioreactor, the addition of two (2) new center-fed drum screens to recover and maintain the
media within the bioreactor, and two (2) new waste activated sludge (WAS) pumps, modification
to the RAS lines inside the existing RAS pit, installation of three plug valves on RAS lines to
improve the control of the RAS flow, and associated piping, electrical, and instrumentation
improvements to support the capacity expansion.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-2-
Bid Security: Each bid shall be in accordance with the Contract Documents. Any bid that does
not conform in all material respects to the Contract Documents will be considered non-
responsive. Each bid shall be submitted on the bid form(s) included in the Contract Documents;
shall be accompanied by a certified or cashier’s check or bid bond for ten percent (10%) of the
amount of the bid, made payable to the order of the Town of Wickenburg; and shall be included
in the bid as a guarantee that the successful bidder will enter into a contract to perform the work
in accordance with the Contract Documents. The bid bond shall be executed pursuant to Section
1.4.1 of the Contract Documents, and solely by a surety company or companies holding a
certificate of authority to transact surety business in the State of Arizona issued by the Director
of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1.
All bid securities will be returned to the bidders whose bids are not accepted, except for the three
lowest bidders. The bid security of the three lowest bidder(s) will be returned immediately after
the fully completed Contract Documents have been executed. The difference between the
amount specified in the bid and such larger amount for which Town may in good faith contract
with another party to perform the work covered by the bid, not to exceed the amount of the bond
penalty, shall be declared forfeited as liquidated damages if the successful bidder refuses to enter
into the contract and provide the bonds and certificates of insurance after being requested so to
do by TOWN.
Bid Opening: Bids will be opened in the Council Chambers at Wickenburg Town Hall located
at 155 N. Tegner, Suite A, Wickenburg, Arizona 85390, and the proposed bid price will be
publicly read aloud immediately after the time for receiving bids has expired as set forth above.
The Town reserves the right to postpone the bid opening date at any time prior to bid opening.
A Non-Collusion Affidavit executed by bidder shall be submitted with the bid.
Right to Reject Bids: TOWN reserves the right to reject any or all bids, waive any informality
in a bid or to withhold the award for any reason TOWN determines.
Equal Opportunity: TOWN is an equal opportunity employer. Minority and women’s
business enterprises are encouraged to submit bids on this Project.
TOWN OF WICKENBURG, ARIZONA
Amy Brown, Town Clerk
Date: October 24, 2024
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-3-
PART I
GENERAL CONDITIONS
INFORMATION FOR BIDDERS
AND BIDDING REQUIREMENTS
1.1
ELIGIBILITY AND PREFERENCE.
1.1.1
Contracting with CONTRACTORS and SUBCONTRACTORS under the
CONTRACT DOCUMENTS shall be governed by the provisions of Title 34 of the Arizona
Revised Statutes, as amended.
1.1.2 ELIGIBILITY OF CONTRACTOR:
1.1.2.1
The BIDDER must have a minimum of five (5) years’ experience in similar
projects. A “similar project” is one that is similar in both nature and scope to this PROJECT. At
least two (2) of the BIDDER’s Key Personnel must have a minimum of three (3) years’
experience in similar projects. The BIDDER must demonstrate successful completion of at least
two (2) similar projects, one of which must have a dollar value of at least seventy-five percent
(75%) of the value bid for this PROJECT, both within the past five (5) years. The BIDDER
must demonstrate that it has an experienced employee who will serve as the scheduler, who is
dedicated to this PROJECT, and who has successfully employed scheduling techniques
appropriate for this PROJECT. “Key Personnel” is defined as individuals who will be directly
assigned to this PROJECT and includes, but is not limited to, the owner, the Principals of the
BIDDER, the Project Manager, the Project Superintendent, the scheduler, the BIDDER’s
construction engineer, and supervisory personnel such as the foremen who will be directly
assigned to this PROJECT. Resumes of Key Personnel must be submitted and accepted by the
OWNER in order for BIDDER to receive the AWARD. “Successful completion” means
completion of a project within the established schedule and budget.
1.1.2.2
If requested by TOWN, the three apparent lowest BIDDERS shall submit the
following documentation for TOWN’S review and TOWN may base its award of a CONTRACT
on the information submitted:
A. Evidence of loss history and underwriting criteria
B. BIDDER’S safety program, including Experience Modifier (EMR)
C. List of SUBCONTRACTORS
D. CPA certified audits for the past three fiscal years of operations
E. List of references
F. Similar documents deemed necessary by TOWN
The documents shall be submitted to TOWN no later than 72 hours following the TOWN’s
request.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-4-
1.1.2.3
TOWN may also conduct any investigation it deems necessary to determine the
BIDDER’S ability to perform the WORK required by the CONTRACT DOCUMENTS. The
purpose of requiring these documents is to assist TOWN in evaluating the ability of a potential
CONTRACTOR to perform the WORK in accordance with the CONTRACT DOCUMENTS in
a safe manner.
1.1.2.4
References provided by CONTRACTOR are an integral part of BIDDER’s
qualifications. References must be accurate. BIDDER authorizes TOWN’s representative to
verify any and all information from references contained herein and hereby releases all those
concerned providing information as a reference from any liability in connection with any
information they give.
1.2
PRE-BID CONFERENCE.
1.2.1
A pre-bid conference will be held on November 20, 2024 at 11:00 A.M. at the
South Treatment Plant, located at 1006 South Tegner Street in Wickenburg, AZ. It is highly
recommended that BIDDERS, CONTRACTORS, and other interested parties attend this
conference that will be conducted by TOWN to answer questions. BIDDER responsibility issues
will be discussed, along with PROJECT requirements.
1.3
SUBMITTING BIDS.
1.3.1
Bids to receive consideration shall be made in accordance with the following
instructions:
1.3.1.1
Before submitting a bid, BIDDERS shall carefully examine the PLANS, read the
SPECIFICATIONS and all other CONTRACT DOCUMENTS, visit the site of the WORK, fully
inform themselves as to all existing conditions and limitations, and shall include sums in the bid
covering the cost of each item included in the CONTRACT.
1.3.1.2
BIDDER shall include in the CONTRACT SUM all applicable taxes, permit fees
and other costs to BIDDER.
1.3.1.3
BIDDER shall include in the CONTRACT SUM all allowances stated in the
SPECIAL CONDITIONS of the CONTRACT DOCUMENTS.
1.3.1.3.1
Any required allowances are set forth in the SPECIAL CONDITIONS. Unless
otherwise provided in the CONTRACT DOCUMENTS:
A.
Allowances shall cover the cost to CONTRACTOR, less any applicable
trade discount, of the MATERIALS, including equipment required by the allowance, delivered at
the site, and all applicable taxes;
B.
CONTRACTOR shall include overhead, profit, taxes, handling and other
General Condition costs in the Base Bid to cover up to the amount of the total listed allowances.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-5-
Whenever the cost is more or less than the allowance, the CONTRACT PRICE
shall be adjusted accordingly by CHANGE ORDER, the amount of which will recognize
changes, if any, overhead, profit and other expenses.
1.3.1.4
Lump Sum and Unit Prices bid shall include overhead, profit, taxes, handling and
other General Condition costs.
1.3.1.5
If the CONTRACT DOCUMENTS provide for multiple Town funding sources,
the bid shall identify the funding source for each quantity in the bid as identified in the
CONTRACT DOCUMENTS.
1.3.1.6
No bid will be considered unless it is made upon the bid forms contained in the
book of CONTRACT DOCUMENTS. No bid shall be considered which is deemed as an
irregular bid or which fails to conform in all material respects to the PLANS,
SPECIFICATIONS and CONTRACT DOCUMENTS. Bids will be deemed irregular and will
be considered non-responsive for any of the following reasons:
A.
If the bid is on a form other than that furnished by TOWN or if the form is
altered.
B.
If the BIDDER does not supply, or has improper or inadequate state
contractor’s license(s), to perform the WORK.
C.
If there are unauthorized additions, statements, interlineations, alterations,
conditional or alternate bids or other irregularities of any kind.
D.
If the BIDDER adds any provisions reserving the right to accept or reject
an AWARD or to enter into a CONTRACT pursuant to an AWARD.
E.
If the BIDDER fails to submit any document listed in Section 1.3.1.11 or,
when requested, the BIDDER fails to submit any documents or information pursuant to Sections
1.1.2 and 1.1.2.2.
F.
If numbers are not stated both in writing and in figures where so required.
In case of a difference in written words and figures in a bid, the amount stated in written words
shall govern unless obviously in error.
G.
If the bid contains a summary or restatement of the WORK to be done.
H.
If the addenda are not returned with the bid.
1.3.1.7
No oral or telephonic bids will be considered.
1.3.1.8
Bids shall be delivered to the office of TOWN Clerk, 155 N. Tegner, Suite A,
Wickenburg, Arizona 85390 on or before the day and hour set for the opening of bids in the
Notice and Call for Bids as published. Bids shall be submitted in a sealed envelope. The
envelope shall be marked as indicated in the Notice and Call for Bids.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-6-
It is the sole responsibility of the BIDDER to see that his bid is received in proper time. Any bids
received after the scheduled closing time for receipt of bids will be returned to the BIDDER
unopened.
1.3.1.9
Each and every provision of law and clause required by law to be inserted in the
CONTRACT shall be deemed to be inserted so that the CONTRACT shall be read and enforced
as though it were included therein.
1.3.1.10
BIDDERS shall familiarize themselves with the provisions of the laws, codes and
regulations of the State of Arizona, Maricopa County, local agencies and municipalities that have
jurisdiction at the SITE’S location. CONTRACTORS shall comply with, and require all
SUBCONTRACTORS to comply with, all state and local contractors’ license laws.
1.3.1.11
BID SUBMITTAL: The following documents shall be submitted with the
bid:
A. Completed and signed Bid Forms
B. Bid Bond
C. No Collusion Affidavit
D. Bidder’s Questionnaire
E. Copy(s) of Bidder’s State of Arizona Contractor’s License(s).
F. All addenda issued by the Town
1.3.1.12
Bids must remain valid for 90 days following bid opening.
1.4
BID SECURITY.
1.4.1
Each bid shall be accompanied by a certified check, cashier's check or bid bond
from a surety company holding a certificate of authority to transact surety business in the State of
Arizona issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2,
Article 1 of the Arizona Revised Statutes, and any amendments thereto. The bonds shall be
made payable and acceptable to TOWN. The bid bond shall be for an amount equal to at least
ten percent (10%) of the bid, payable without condition to TOWN as a guarantee that the
BIDDER, if awarded the CONTRACT, will promptly execute such CONTRACT in accordance
with the bid and in manner and form required by these CONTRACT DOCUMENTS and will
furnish good and sufficient bond for the faithful performance of the same. The surety bond shall
not be executed by an individual surety or sureties. The check or bid bond of the successful
BIDDER and the next two low bidders will be retained until the CONTRACT is signed and
satisfactory bonds and certificates of insurance furnished, or other disposition made thereof. The
check or bid bond of the other BIDDERS l will be returned promptly after the bid opening.
1.5
SPECIAL NOTICE.
1.5.1
BIDDERS are required to inform themselves fully of the conditions relating to
construction and labor under which the WORK will be or is now being performed.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-7-
1.6
WITHDRAWAL OF BID.
1.6.1
Any BIDDER may withdraw or revise his bid by telegraphic or written request
(but not electronic mail), at any time prior to the expiration of the time for the opening of bids as
set forth in the Notice and Call for Bids. Any withdrawal or revision must be done on a copy of
the bid form and must be signed by the person indicated on the Authorized Signature Form.
1.7
INTERPRETATION OF PLANS AND DOCUMENTS.
1.7.1
If any person contemplating submitting a bid for the proposed WORK is in doubt
as to the true meaning of any part of the PLANS, SPECIFICATIONS or other CONTRACT
DOCUMENTS, or finds discrepancies in or omissions from the PLANS or SPECIFICATIONS,
he may submit to ENGINEER a written request for an interpretation or correction thereof. The
request must be made in writing and delivered at least six (6) days prior to bid opening. Any
interpretation or correction of the CONTRACT DOCUMENTS will be made only by
ADDENDUM. It is the responsibility of the BIDDER to verify if any ADDENDUM has been
issued. TOWN will not be responsible for any other explanations or interpretations of the
CONTRACT DOCUMENTS.
1.7.2
Should conflicts occur in or between Drawings and SPECIFICATIONS,
CONTRACTOR is deemed to have estimated the more expensive of the two unless he has asked
for and obtained a written decision as required in Section 1.7.1 before submission of his bid as to
which method or MATERIALS will be required.
1.8
SUBSTITUTION OF MATERIAL OR EQUIPMENT.
1.8.1
Where an item or MATERIAL is specified by a trade or manufacturer's name, it is
done for the purpose of establishing a basis of quality, and not for the purpose of limiting
competition. ENGINEER’s intent is to consider alternative products which have the desired
essential characteristics. ENGINEER will consider any such product offered. Requests for
approval of alternative products shall be made through BIDDERS bidding as prime contractors.
No approvals for substitutions will be granted directly to suppliers, distributors, or
subcontractors. Pursuant to A.R.S. § 34-104-C, the following procedures will be used:
BIDDERS desiring to submit alternative product proposals for prior approval of ENGINEER
shall submit such proposals to ENGINEER at least eight (8) days prior to the original deadline
for receiving bids, or any published extension thereof. Each such request shall include the name
of the material or equipment for which it is to be substituted and a complete description of the
proposed substitute, including drawings, cuts, performance and test data, and any other
information necessary for an evaluation. A statement setting forth any changes in other
MATERIALS, equipment or other work that incorporation of the substitute would require shall
be included. ENGINEER will consider such request and either approve or reject all alternative
product proposals submitted.
If, by the close of the fifth day prior to the deadline for receiving bids, ENGINEER has approved
any alternative product proposals, the BIDDING DOCUMENTS shall be modified to include the
alternative products. ENGINEER shall publish the modification in the same manner as the
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-8-
original BIDDING DOCUMENTS at least five days prior to the deadline for receiving bids.
ENGINEER’s decision of approval or disapproval of a proposed substitute shall be final. After
the AWARD of CONTRACT, the equivalency evaluations conducted during the bidding period
may be reviewed by appointment with ENGINEER.
1.8.2
Whenever an item of MATERIAL or piece of equipment is specified with at least
two named manufacturers and is followed by the words “No other manufacturers will be
considered,” only the listed manufacturers will be considered by TOWN and ENGINEER.
1.8.3
Whenever an item of MATERIAL or piece of equipment is specified with a
named manufacturer, an “or equal” manufacturer shall apply whether the term “or equal” is
listed or not listed within the SPECIFICATIONS.
1.9
ADDENDA.
1.9.1
Any ADDENDA issued during the time of bidding, shall become a part of the
documents used by the BIDDER for the preparation of his bid, shall be covered by the bid and
shall be made a part of the CONTRACT DOCUMENTS. It is the responsibility of the BIDDER
to verify if any ADDENDUM has been issued.
1.10
AWARD OR REJECTION OF BIDS.
1.10.1
The CONTRACT will be awarded to the lowest responsible BIDDER determined
from the Base Bid, plus any combination of Bid Alternates that TOWN may select, which
comply with these instructions and the Notice and Call for Bids. TOWN, however, reserves the
right to accept or reject any or all bids, to waive any informality or irregularity in the bids
received or to withhold the AWARD for any reason TOWN determines. Bids will be received
until the time and date designated in the Notice and Call for Bids. Bids received after the
designated time set will be returned to the BIDDERS unopened.
1.10.2
Bids shall be opened in public and the bid amount read aloud. After the bid
opening, TOWN shall analyze the bids and notify all BIDDERS of the name of the apparent low
bidder or if the analysis results in a recommendation to award the CONTRACT to a BIDDER
other than the apparent low BIDDER, the BIDDER who’s recommended for award of the
CONTRACT. This will be done by issuing a Notice of Apparent Lowest Responsible Bidder.
Such notice shall be given at least four (4) days prior to the date set for the AWARD of the
CONTRACT.
1.11
BIDDERS INTERESTED IN MORE THAN ONE BID.
1.11.1
No person, firm, or corporation shall be allowed to make, file or to be interested
in more than one (1) bid for the same WORK unless alternate bids are called for. A person, firm,
or corporation who has submitted a subproposal to a BIDDER, or who quoted prices on
MATERIALS to a BIDDER, is not thereby disqualified from submitting a subproposal or
quoting prices to other BIDDERS, but must quote the same subproposal or price to all
BIDDERS.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-9-
1.12
CONTRACT AND BONDS.
1.12.1
The successful BIDDER shall execute and deliver a CONTRACT in the
prescribed form and shall furnish the required bonds within ten (10) days after issuance of a
written Notice of Award or his BID SECURITY shall be forfeited as provided elsewhere herein.
1.12.2
The successful BIDDER, simultaneously with the execution of the CONTRACT,
will be required to furnish a PAYMENT BOND in an amount equal to one hundred percent
(100%) of the CONTRACT SUM and a PERFORMANCE BOND in an amount equal to one
hundred percent (100%) of the CONTRACT SUM.
1.12.3
The form of CONTRACT that the successful BIDDER as CONTRACTOR will
be required to execute and the forms of bonds which he will be required to furnish along with a
form of insurance certificate are included in the CONTRACT DOCUMENTS. The
CONTRACT, the bonds and the insurance certificate will be executed in five (5) original
counterparts.
1.12.4
Bonding companies and insurance carriers shall be "Best Rated A" or better by
the A.M. Best Company or comparable rating as determined at the sole discretion of TOWN.
Each bond shall be executed by a surety (bonding company) duly licensed in and possessing a
certificate of authority to transact surety business in the State of Arizona issued by the Director
of the Department of Insurance, pursuant to Title 20, Chapter 2, Article 11 and acceptable to
TOWN. The Surety Bond shall not be executed by an individual surety or sureties. The bonds
shall be written or countersigned by an authorized representative of the surety who is either a
resident of the State of Arizona or whose principal office is maintained in the State of Arizona.
The Bonds shall have attached thereto a certified copy of Power of Attorney for the signed
official executing the bonds.
1.13
ASSIGNMENT OF CONTRACT.
1.13.1
No assignment by CONTRACTOR of any CONTRACT to be entered into
hereunder, or any part thereof, or of funds to be received thereunder by CONTRACTOR, will be
recognized by TOWN unless such assignment has had prior approval of TOWN and the Surety
has been given due notice of such assignment in writing and has consented thereto in writing.
1.14
PLANS AND SPECIFICATIONS TO SUCCESSFUL BIDDER.
1.14.1
Plans are available online at the Town of Wickenburg website. Go to
www.wickenburgaz.gov/bids for directions on how to view open bids.
1.15
CONTRACT TIME.
1.15.1
CONTRACTOR shall commence WORK under the CONTRACT on the day
indicated in the NOTICE TO PROCEED or within ten (10) days thereafter and shall fully
complete all WORK under the CONTRACT within 120 consecutive calendar days in accordance
with Section 9.2. CONTRACTOR shall achieve FINAL COMPLETION within 120 calendar
days in accordance with Section 9.2. No WORK shall commence prior to issuance of a NOTICE
TO PROCEED, including mobilization on site. CONTRACTOR shall at all times during the
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-10-
continuance of the CONTRACT prosecute the WORK with such force and equipment as are
sufficient to complete it within the time specified.
1.16
NOTICE OF REQUIREMENT OF COMPLIANCE WITH PERMIT CONDITIONS.
1.16.1
This PROJECT includes work that will affect facilities of various agencies,
including ADEQ and the Town of Wickenburg. Applicable licenses, permits and specifications
are bound herein and CONTRACTOR shall comply with all such specifications and permit
conditions.
1.17
ENGINEER.
1.17.1
This PROJECT will be coordinated by an ENGINEER, who will report the
progress of the WORK and compliance with the CONTRACT DOCUMENTS to TOWN.
Generally, ENGINEER will (1) oversee the progress of the WORK, (2) receive submittals,
requests for information and other information from CONTRACTOR, (3) make
recommendations to TOWN regarding CHANGE ORDERS and request for extensions of time,
(4) make recommendations to TOWN regarding requests for payment, (5) maintain PROJECT
records, (6) determine FINAL COMPLETION of the PROJECT, and (7) do other tasks related to
the coordination of the WORK. ENGINEER will prepare a Procedures Manual for the
PROJECT that describes the administrative procedures to be used on the PROJECT.
CONTRACTOR shall familiarize himself with the requirements of the Procedures Manual.
1.17.2
ENGINEER will review and approve shop drawings, interpret the CONTRACT
DOCUMENTS and make determinations regarding substitution of methods and MATERIALS.
Other duties are set forth in the CONTRACT DOCUMENTS. Drawings and
SPECIFICATIONS and copies thereof furnished by ENGINEER are and shall remain the
property of TOWN. They are to be used only with respect to this PROJECT and are not to be
used on any other PROJECT.
1.17.3
ENGINEER will be TOWN’S REPRESENTATIVE during the construction and
until final payment to the CONTRACTOR is made. ENGINEER will advise and consult with
TOWN. All instructions to CONTRACTOR shall be forwarded through ENGINEER.
ENGINEER will have the authority to act on behalf of TOWN only to the extent provided in the
CONTRACT DOCUMENTS. CONTRACTOR shall not be relieved from CONTRACTOR'S
obligations to perform the WORK in accordance with the CONTRACT DOCUMENTS either by
the activities or duties of ENGINEER MANAGER in its administration of the CONTRACT, or
by inspections, tests or approvals required.
1.18 SEPARATE CONTRACTS
Separate CONTRACTS will be let by TOWN to perform other or additional work
on or near the WORK covered by this CONTRACT. CONTRACTOR shall be responsible for
coordinating the sequencing of the WORK under those separate CONTRACTs identified/listed
in the SPECIAL CONDITIONS of the CONTRACT DOCUMENTS. The bid shall include an
amount for the administration of the sequencing of these CONTRACTS. The requirements of
Section 5.8 shall apply.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-11-
1.19
BID PROTESTS.
1.19.1
Any protest on any bid submitted to TOWN shall be made in writing to TOWN
Clerk within seventy-two (72) hours of issuance of Notice of Apparent Lowest Responsible
Bidder or such protest shall be waived. Protests will be heard and decided by TOWN Council.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-12-
PART II
GENERAL CONDITIONS
DEFINITIONS
Wherever in these SPECIFICATIONS, or in other CONTRACT DOCUMENTS,
the following terms are used, the intent and meaning shall be interpreted as shown below.
Additional definitions and abbreviations pertaining to this PROJECT will be found in the
SPECIAL CONDITIONS.
2.1
DEFINITIONS.
ADDENDUM: A written and/or graphic supplement to any of the CONTRACT
DOCUMENTS issued, in writing, after ADVERTISEMENT of but prior to the opening of the
bids for a CONTRACT.
ADVERTISEMENT: The public announcement, as required by law, inviting bids
for WORK to be performed or MATERIALS to be furnished.
AWARD: The formal action of TOWN Council in accepting a bid.
BID SECURITY: Refers to the certified check, cashier's check or surety bond
which is required to be submitted with the bid to insure execution of the CONTRACT and the
furnishing of the required bonds and insurance certificates.
BIDDER: Any individual, firm, partnership, or corporation submitting a bid for
the work contemplated, acting directly or through a duly authorized agent.
CHANGE ORDER: A written order issued by TOWN directing CONTRACTOR
to make changes in the WORK or to perform extra work, and setting forth conditions for
payment and adjustment in time of completion.
CLERK: The duly authorized person who performs the duties of Clerk of
TOWN.
CONTRACT: The written instrument executed by CONTRACTOR and TOWN
by which CONTRACTOR is bound to furnish all labor, equipment and MATERIALS, to
perform the WORK specified and by which TOWN is obligated to compensate CONTRACTOR
therefore at the prices set forth therein. The CONTRACT DOCUMENTS are herewith by
reference made a part of the CONTRACT as if fully set forth therein.
CONTRACT DOCUMENTS: The words "CONTRACT DOCUMENTS"
include the Notice and Call for Bids, Information for BIDDERS and Bidding Requirements,
General Conditions, SPECIAL CONDITIONS, SPECIFICATIONS, Bid, CONTRACT,
CONSTRUCTION SCHEDULE, PAYMENT BOND, PERFORMANCE BOND, PLANS,
ENGINEER’S INSTRUCTION BULLETINS and all ADDENDA and Modifications thereto. A
Modification is (1) a written amendment to the CONTRACT signed by both parties, (2) a
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-13-
CHANGE ORDER, (3) a written interpretation issued by ENGINEER, or (4) a written order for
a minor change in the WORK issued by ENGINEER.
CONTRACT SCHEDULE: The schedule produced by CONTRACTOR in
response to the requirements of Section 5.1.
CONTRACT SUM: The total amount payable by TOWN to CONTRACTOR for
the performance of the WORK under the CONTRACT DOCUMENTS. The CONTRACT SUM
is the amount stated in the CONTRACT and adjusted by any CHANGE ORDER issued pursuant
to the CONTRACT DOCUMENTS.
CONTRACT TIME: The time set forth in the CONTRACT for completion of the
WORK required by the CONTRACT DOCUMENTS.
CONTRACTOR: The individual, firm, partnership or corporation that has
entered into a CONTRACT with TOWN for the WORK. CONTRACTOR is required by law to
be licensed in the classification of the WORK to be performed and will perform work or render
services as a prime contractor.
DAYS: Unless otherwise designated, days will be understood to mean calendar
days.
ENGINEER: The Architectural or Engineering firm designated by TOWN to
prepare PLANS and SPECIFICATIONS for the WORK, to make interpretations of the
CONTRACT DOCUMENTS, to review and approve shop drawings and to perform other duties
as set forth in the CONTRACT between TOWN and ENGINEER. ENGINEER shall oversee the
construction of the PROJECT.
FINAL COMPLETION: The date, more fully described in Section 9.2.2, when
all items of the WORK are completely finished with no items of any scope outstanding or
remaining to be completed, and all known defective work has been corrected.
IMPROVEMENTS: Means the same as "WORK."
INITIAL CONTRACT SCHEDULE: The schedule prepared by CONTRACTOR
in accordance with Section 5.1 and which includes the MILESTONE AND COMPLETION
DATES specified in the CONTRACT DOCUMENTS.
MATERIALS: The word "MATERIALS" includes, in addition to material
incorporated in the PROJECT, equipment and other supplies used in the performance of the
WORK.
NOTICE OF APPARENT LOWEST RESPONSIBLE BIDDER: The notice
given to inform all bidders of TOWN staff’s determination of the lowest responsible BIDDER
and its recommendation for AWARD of the CONTRACT.
NOTICE OF AWARD: The notice given to inform the successful BIDDER of
the AWARD of the CONTRACT.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-14-
NOTICE TO PROCEED: A directive issued by TOWN authorizing
CONTRACTOR to start the WORK or IMPROVEMENTS required in the CONTRACT.
PAYMENT BOND: A bond furnished by CONTRACTOR and an acceptable
surety, in compliance with the requirements set forth in the CONTRACT DOCUMENTS, for the
purpose of guaranteeing that CONTRACTOR promptly pays all monies due persons supplying
labor or material to be used in prosecution of the CONTRACT.
PERFORMANCE BOND: A bond furnished by CONTRACTOR and an
acceptable surety, in compliance with the requirements set forth in the CONTRACT
DOCUMENTS, for the purpose of guaranteeing the faithful performance and completion of the
WORK covered by the CONTRACT.
PLANS: All approved drawings or reproductions thereof pertaining to details of
the WORK and which are made a part of the CONTRACT DOCUMENTS.
PROJECT: Means the same as "WORK" as defined below.
SITE: The area on which WORK is to be done as described in the CONTRACT
DOCUMENTS.
SPECIAL CONDITIONS: Those terms and conditions applicable to the WORK
which are specifically set forth in the SPECIAL CONDITIONS section of the CONTRACT
DOCUMENTS.
SPECIFICATIONS: The descriptions, directions, provisions and requirements
for performing the WORK as contained in the CONTRACT DOCUMENTS.
SUBCONTRACTOR: Those having a CONTRACT with CONTRACTOR for
the performance of any WORK or supplying any MATERIALS required by the CONTRACT
DOCUMENTS.
TOWN'S REPRESENTATIVE OR TOWN'S AGENT: The authorized
representative of TOWN, assigned to the PROJECT WORK, the PROJECT Site or any part
thereof during the performance of the WORK by CONTRACTOR and until final acceptance.
TOWN: TOWN of Wickenburg, Arizona.
WORK: The word "WORK," "IMPROVEMENTS" or "PROJECT" includes any
or all of the IMPROVEMENTS mentioned and authorized to be made, and the construction,
reconstruction, and repair of all or any portion of such IMPROVEMENTS, and all labor,
services, incidental expenses and material necessary or incidental thereto.
WORK DIRECTIVE: Supplemental drawings or instructions, which may be
issued as necessary from time to time to make clear or define in greater detail the intent of the
drawings and SPECIFICATIONS. A CHANGE ORDER shall accompany a WORK
DIRECTIVE if extra cost and/or time are known to be involved.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-15-
WORKING DAYS: Calendar days exclude Saturday, Sunday and Town
recognized legal holidays. In the event of a change, CONTRACTOR shall notify ENGINEER.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-16-
PART III
GENERAL CONDITIONS
AWARD AND EXECUTION OF CONTRACT
3.1
AWARD.
3.1.1
As soon as practicable after the date of opening the bids, the TOWN Council will
AWARD the CONTRACT to the lowest responsible and responsive BIDDER or will reject all
bids.
3.1.2
A NOTICE OF AWARD will be sent to the successful BIDDER by certified mail
and shall be considered issued on the day sent.
3.1.3
The low bid will be determined by the lowest net total from a fully qualified and
responsible BIDDER arrived at by combining the BIDDER'S lump sum and unit price totals or
lump sum base bid price and the bid prices of the alternates that are selected and accepted by
TOWN. TOWN may accept or reject any or all alternates.
3.2
EXECUTION OF CONTRACT.
3.2.1
The successful BIDDER shall, within the time specified in Information for
Bidders and Bidding Requirements, execute the CONTRACT, and shall file insurance policies
and/or certificates of insurance as required herein. If CONTRACTOR fails or refuses to enter
into the CONTRACT within the time stated, TOWN may declare a forfeiture of his BID
SECURITY as liquidated damages for failure to enter into the CONTRACT.
3.2.2
Execution of the CONTRACT by CONTRACTOR is a representation that
CONTRACTOR has visited the SITE, become familiar with the local conditions under which the
WORK is to be performed, and has correlated personal observations with the requirements of the
CONTRACT DOCUMENTS.
3.3
CONTRACTOR'S INSURANCE.
3.3.1
General: CONTRACTOR agrees to comply with all Town ordinances and state
and federal laws and regulations.
Without limiting any obligations or liabilities of CONTRACTOR, CONTRACTOR shall
purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with
insurance companies duly licensed by the State of Arizona with an AM Best, Inc. rating of A or
above with policies and forms satisfactory to TOWN. Failure to maintain insurance as specified
may result in termination of this CONTRACT at TOWN’s option.
3.3.2
No Representation of Coverage Adequacy: By requiring insurance herein,
TOWN does not represent that coverage and limits will be adequate to protect CONTRACTOR.
TOWN reserves the right to review any and all of the insurance policies and/or endorsements
cited in this CONTRACT but has no obligation to do so. Failure to demand such evidence of
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-17-
full compliance with the insurance requirements set forth in the CONTRACT DOCUMENTS or
failure to identify any insurance deficiency shall not relieve CONTRACTOR from, nor be
construed or deemed a waiver of, its obligation to maintain the required insurance at all times
during the performance of the CONTRACT.
3.3.3
Additional Insured: All insurance coverage and self-insured retention or
deductible portions, except Workers Compensation Insurance, shall name, to the fullest extent
permitted by law for claims arising out of the performance of the CONTRACT, TOWN,
ENGINEER, their agents, representatives, officers, directors, officials and employees as
Additional Insured as specified under the respective coverage sections of this CONTRACT
DOCUMENTS.
3.3.4
Coverage Term. All insurance required herein shall be maintained in full force
and effect until all WORK or services required to be performed under the terms of subject
CONTRACT is satisfactorily performed, completed and formally accepted by TOWN, unless
specified otherwise in this CONTRACT DOCUMENTS.
3.3.5
Primary Insurance: CONTRACTOR’S insurance shall be primary insurance as
respects performance of subject CONTRACT and in the protection of TOWN as an Additional
Insured.
3.3.6
Occurrence Basis: All insurance coverage shall be on an occurrence basis and not
a claims made basis.
3.3.7
Waiver: All policies, including Workers’ Compensation insurance, shall contain
a waiver of rights of recovery (subrogation) against TOWN, its agents, representatives, officers,
directors, officials and employees for any claims arising out of the WORK. CONTRACTOR
shall arrange to have such subrogation waivers incorporated into each policy via formal written
endorsement thereto.
3.3.8
Policy Deductibles and or Self Insured Retentions: The policies set forth in these
requirements may provide coverage which contain deductibles or self-insured retention amounts.
Such deductibles or self-insured retention shall not be applicable with respect to the policy limits
provided to TOWN. CONTRACTOR shall be solely responsible for any such deductible or self-
insured retention amount. TOWN, at its option, may require CONTRACTOR to secure payment
or such deductible or self-insured retention by a surety bond or irrevocable and unconditional
Letter of Credit.
3.3.9
Use of Subcontractors: If any WORK under the CONTRACT DOCUMENTS is
subcontracted in any way, CONTRACTOR shall execute a written agreement with
SUBCONTRACTOR containing the same Indemnification Clause and Insurance Requirements
set forth herein protecting TOWN and CONTRACTOR. CONTRACTOR shall be responsible
for executing the agreement with SUBCONTRACTOR and obtaining Certificates of Insurance
verifying the insurance requirements.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-18-
3.3.10
Evidence of Insurance: Prior to commencing any WORK under the CONTRACT
DOCUMENTS, CONTRACTOR shall furnish TOWN with Certificate(s) of Insurance, or formal
endorsements as required by the CONTRACT DOCUMENTS, issued by CONTRACTOR’s
insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and
provide the required coverage, conditions, and limits of coverage specified in the CONTRACT
DOCUMENTS and that such coverage and provisions are in full force and effect. If a Certificate
of Insurance is submitted as evidence of coverage, TOWN shall reasonably rely upon the
Certificate of Insurance as evidence of coverage but such acceptance and reliance shall not waive
or alter in any way the insurance requirements or obligations of this CONTRACT. Such
certificates shall identify the PROJECT. If any of the above-cited policies expire during the life
of the CONTRACT, it shall be CONTRACTOR’S responsibility to forward renewal Certificates
within ten (10) days after the renewal date containing all the aforementioned insurance
provisions. Certificates shall specifically cite the following provisions:
3.3.10.1
TOWN and ENGINEER, their agents, representatives, officers, directors, officials
and employees are Additional Insureds as follows:
a)
Commercial General Liability – Under ISO Form CG 20 10 11 85 or equivalent.
b)
Auto Liability – Under ISO Form CA 20 48 or equivalent.
c)
Excess Liability – Follow Form to underlying insurance as required.
3.3.10.2
CONTRACTOR’S insurance shall be primary insurance as respects performance
of CONTRACT.
3.3.10.3
All policies, including Workers Compensation, waive rights of recovery
(subrogation) against TOWN, its agents, representatives, officers, directors, officials and
employees for any claims arising out of WORK performed by CONTRACTOR under the
CONTRACT DOCUMENTS.
3.3.10.4
Certificate shall cite thirty (30) day advance notice cancellation provision.
3.3.11 REQUIRED COVERAGE.
3.3.11.1
Commercial General Liability: CONTRACTOR shall maintain “occurrence”
form Commercial General Liability insurance with a policy limit of not less than $3,000,000 for
each occurrence, $3,000,000 Products and Completed Operations Annual Aggregate, and a
$3,000,000 General Aggregate Limit on a per project basis endorsed by means of ISO
Endorsement CC-2503 1185 or equivalent. The policy shall cover liability arising from
premises, operations, independent contractors, products-completed operations, personal injury
and advertising injury. Coverage under the policy will be at least as broad as Insurance Services
Offices, Inc. policy form CG 00 010 93 or equivalent thereof, including but not limited to,
separation of insureds clause. To the fullest extent allowed by law, for claims arising out of the
performance of this CONTRACT, TOWN, ENGINEER, their agents, representatives, officers,
directors, officials and employees shall be cited as an Additional Insured under Insurance Service
Offices, Inc. Commercial General Liability Additional Insured Endorsement form CG 20 10 11
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-19-
85, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an
insured the person or organization shown in TOWN, but only with respect to liability arising out
of “your work” for that insured by or for you.” CONTRACTOR, its successors and or assigns, is
required to maintain Commercial General Liability insurance as specified hereunder for a
minimum period of three (3) years following completion and acceptance of subject WORK.
CONTRACTOR shall submit Certificate of Insurance evidencing such Commercial General
Liability insurance during said three year period containing all of the insurance requirements set
forth herein including naming TOWN, ENGINEER, their agents, representatives, officers,
directors, officials and employees as Additional Insured as required. If any excess insurance is
utilized to fulfill the requirements of this paragraph, such excess insurance shall be “follow
form” equal or broader in coverage scope than underlying insurance.
3.3.11.2
Vehicle Liability. CONTRACTOR shall maintain Business Automobile Liability
insurance with a limit of $3,000,000 for each occurrence on CONTRACTOR’s owned, hired,
and non-owned vehicles assigned to or used in the performance of the WORK. Coverage will be
at least as broad as Insurance Services Office, Inc. coverage code “1” “any auto” policy form CA
00 01 12 93 or equivalent thereof. If any hazardous material, as defined by any local, state or
federal authority, is the subject, or transported, in the performance of the WORK, an MCS 90
endorsement is required providing $5,000,000 per occurrence limits of liability for bodily injury
and property damage. To the fullest extent allowed by law, for claims arising out of the
performance of this CONTRACT, TOWN, ENGINEER, their agents, representatives, officers,
directors, officials and employees shall be cited as an Additional Insured under the Insurance
Service Officers, Inc. Business Auto policy Designated Insured Endorsement form CA 20 48 or
equivalent. If any excess insurance is utilized to fulfill the requirements of this paragraph, such
excess insurance shall be “follow form” equal or broader in coverage scope than underlying
insurance.
3.3.11.3
Worker’s Compensation Insurance: CONTRACTOR shall maintain Worker
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 shall
also maintain Employers Liability Insurance of not less than $1,000,000 for each accident,
$1,000,000 disease for each employee and $1,000,000 disease policy limit.
3.3.11.4
Builder’s “All Risk”: CONTRACTOR shall maintain Builder’s “All Risk”
Insurance in an amount not less than one hundred percent (100%) of the CONTRACT price.
Such policy shall include coverage for fire, lightening, vandalism, malicious mischief, riot, civil
commotion, smoke, sprinkler leakage, water damage, windstorm, hail, earthquake, landslide,
flood and collapse or loss due to the results of faulty workmanship during the CONTRACT
TIME and until Final Acceptance of the WORK by TOWN. On pipeline and similar Projects
where fire hazard is negligible or nonexistent, TOWN may waive the requirement for fire
insurance.
3.3.11.5
Railroad Protection Liability: If the WORK involves a railroad right-of-way (as
described in the SPECIAL CONDITIONS), Railroad Protective Liability Insurance coverage is
required in the amounts set forth in the SPECIAL CONDITIONS.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-20-
3.4
REQUIREMENT OF CONTRACT BONDS.
3.4.1
Concurrently with the execution of the CONTRACT, CONTRACTOR shall
furnish TOWN the following bonds, which shall become binding upon the AWARD of the
CONTRACT to CONTRACTOR:
3.4.1.1
A PERFORMANCE BOND in conformance with Section 1.12 and in an amount
equal to the full CONTRACT SUM conditioned upon the faithful performance of the
CONTRACT in accordance with PLANS, SPECIFICATIONS and Conditions thereof. Such
bond shall be solely for the protection of TOWN. The Performance Bond shall remain in force
the greater of (a) two years after FINAL COMPLETION of the WORK, or (b) until the
expiration of all warranties and guarantees as required by the CONTRACT.
3.4.1.2
A PAYMENT BOND in conformance with Section 1.12 and in an amount equal
to the full CONTRACT SUM solely for the protection of the claimants supplying labor or
MATERIALS to CONTRACTOR or his SUBCONTRACTORS in the prosecution of the
WORK provided for in such CONTRACT. The Payment Bond shall remain in effect for at least
one year after FINAL COMPLETION of the WORK.
3.4.2
Each such bond shall include a provision allowing the prevailing party in a suit on
such bond to recover as a part of this judgment such reasonable attorney's fees as may be fixed
by a judge of the court.
3.4.3
Each such bond shall be executed by a surety company or companies holding a
certificate of authority to transact surety business in the State of Arizona issued by the Director
of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1 of the Arizona Revised
Statutes and any amendments thereto. The bonds shall be made payable and acceptable to
TOWN. The bonds shall be written or countersigned by an authorized representative of the
surety who is either a resident of the State of Arizona or whose principal office is maintained in
this State and the bonds shall have attached thereto a certified copy of the Power of Attorney of
the signing official.
3.5
INDEMNIFICATION OF THE TOWN AGAINST LIABILITY.
3.5.1
To the fullest extent permitted by laws and regulations, CONTRACTOR shall
indemnify, appear, defend and hold harmless TOWN, ENGINEER (“Indemnitees”) and their
respective consultants and the officers, directors, employees, agents and other consultants of
each and any of them from and against all claims, costs, losses and damages (including, but not
limited to, all fees and charges of engineers, architects, attorneys and other professionals and all
court or arbitration or other dispute resolution costs) caused by, arising out of, or resulting from
the performance of the WORK, or on account of any act, claim or amount arising or recovered
from the Workers' Compensation law, or arising out of the failure of CONTRACTOR or those
acting under CONTRACTOR to perform the WORK according to any federal or state statutes,
ordinances, regulations, laws or court decree. It is the intent that Indemnitees shall, in all
instances, be indemnified against all liability losses and damages of any nature whatsoever, for
or on account of any injuries to or death of persons or damages to or destruction of property
belonging to any person arising out of or in any way connected with the performance of the
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-21-
WORK, regardless of whether or not caused in part by any act of a person or entity indemnified
hereunder. This provision shall survive termination or cancellation of the CONTRACT
DOCUMENTS. The fact that not every claim, cost, loss or damage incurred may not be covered
by CONTRACTOR does not diminish the indemnification obligation contained in this Section.
3.5.2
If any claim, action or proceeding is brought against Indemnitees by reason of any
event that is the subject of this CONTRACT and or described herein, upon demand made by
Indemnitees, CONTRACTOR, at its sole cost and expense, shall pay, resist or defend such claim
or action on behalf of Indemnitees by an attorney of CONTRACTOR, or if covered by insurance
CONTRACTOR’s insurer, all of which must be approved by Indemnitees, which approval shall
not be unreasonably withheld or delayed. Indemnitees shall cooperate with all reasonable efforts
in the handling and defense of such claim(s). Included in the foregoing, Indemnitees may
engage its own attorney to defend or assist in its defense. Any settlement of claims shall fully
release and discharge the indemnified parties from any further liability for those claims. The
release and discharge shall be in writing and shall be subject to approval by Indemnitees, which
approval shall not be unreasonably withheld or delayed. If CONTRACTOR neglects or refuses
to defend Indemnitees as provided by this CONTRACT, any recovery or judgment against
Indemnitees for a claim covered under this CONTRACT shall conclusively establish
CONTRACTOR’s liability to Indemnitees in connection with such recovery or judgment, and if
Indemnitees desires to settle such dispute, Indemnitees shall be entitled to settle such dispute in
good faith and CONTRACTOR shall be liable for the amount of such settlements and all
expenses connected to the defense, including reasonable attorney fees, and other investigative
and claims adjusting expenses.
3.6
SAFETY WARRANTY.
3.6.1
CONTRACTOR shall provide and maintain in a neat, sanitary condition such
accommodations for the use of his employees as may be necessary to comply with the
requirements and regulations of the Arizona State Department of Health or as specified by the
Maricopa County Health Department, Sanitary Code. CONTRACTOR shall provide all
safeguards, safety devices and protective equipment and take any other needed actions, on his
own responsibility or as ENGINEER may determine, reasonably necessary to protect the life and
the health of employees on the job, the safety of the public and to protect property in connection
with the performance of the WORK. Precaution shall be exercised by CONTRACTOR at all
times for the protection of persons (including employees and Town representatives) and
property. CONTRACTOR shall comply with the provisions of all applicable laws, pertaining to
such protection including all Federal and State occupational safety and health acts, and standards
and regulations promulgated thereunder.
3.6.2
CONTRACTOR warrants that CONTRACTOR is aware of and understands the
hazards presented to persons, property and the environment relating to and arising out of the
WORK. In the event CONTRACTOR or any of CONTRACTOR’s SUBCONTRACTORS are
working or operating in an unsafe manner, CONTRACTOR shall immediately take full and
appropriate steps to assure the safety of those working in the job site. CONTRACTOR
acknowledges TOWN’s right under this CONTRACT to stop work if TOWN determines the
WORK is not proceeding in a safe manner and may result in injury to persons or property.
TOWN and ENGINEER shall not be liable for the costs incurred by CONTRACTOR if the
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-22-
WORK is stopped for safety reasons. The ENGINEER, with Town approval, shall issue a stop
work order until the violation ceases. The ENGINEER shall immediately notify
CONTRACTOR in writing of the reasons WORK was stopped.
3.7
NOTICE TO PROCEED.
CONTRACTOR or SUBCONTRACTORS shall not start WORK on any part of
the PROJECT until NOTICE TO PROCEED has been issued by TOWN. The NOTICE TO
PROCEED will be sent to CONTRACTOR by certified mail or delivered to him in person. The
date for the official start of the CONTRACT will be set forth in the NOTICE TO PROCEED.
The NOTICE TO PROCEED shall not be issued until the CONTRACT has been executed and
all insurance, bonds and other required documents have been submitted to TOWN.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-23-
PART IV
GENERAL CONDITIONS
COMMENCEMENT, PROSECUTION AND PROGRESS
4.1
COMMENCEMENT.
4.1.1
Within fourteen (14) days after the NOTICE OF AWARD, a pre-construction
conference will be held to establish a working understanding among the parties as to the WORK
and to discuss the schedules referred to in Section 5.1, procedures for handling submittals,
processing Applications for Payment, and maintaining required records.
4.1.1.1
The conference shall be attended by: CONTRACTOR and his superintendent,
Principal SUBCONTRACTORS, Representatives of principal suppliers and manufacturers as
appropriate, ENGINEER, Representatives of TOWN, Others as requested by CONTRACTOR,
OWNER, or ENGINEER.
4.1.1.2 .
The purpose of the conference is to designate responsible personnel and establish
a working relationship. Matters requiring coordination will be discussed and procedures for
handling such matters established. The agenda will include but not be limited to:
Discussion of CONTRACTOR's INITIAL CONTRACT SCHEDULE (See
Section 5.1).
Transmittal, review, and distribution of CONTRACTOR's submittals.
Processing applications for payment.
Maintaining record documents.
Critical work sequencing.
ENGINEER’S INSTRUCTION BULLETINS and CHANGE ORDERS.
Use of premises, office and storage areas, security, housekeeping, and TOWN's
needs.
Major equipment deliveries and priorities.
CONTRACTOR's Safety Program.
4.1.1.3.
ENGINEER will preside at the conference and will arrange for keeping the
minutes and distributing the minutes to all persons in attendance.
4.1.2
CONTRACTOR shall commence WORK on or before the tenth (10th) day after
the date set forth in the NOTICE TO PROCEED, and shall complete all WORK under the
CONTRACT within the CONTRACT TIME. The NOTICE TO PROCEED will be issued no
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-24-
later than thirty (30) DAYS after the NOTICE OF AWARD unless otherwise agreed upon in
writing, or as may be specified in the SPECIAL CONDITIONS.
4.2
SUBCONTRACTORS.
4.2.1
Subcontracts shall be in accordance with, and CONTRACTOR shall be bound by,
the following provisions:
All subcontracts shall be subject to review and acceptance by TOWN.
All subcontracts shall be in writing and shall provide that
all WORK to be performed thereunder shall be performed in
accordance with the terms of the CONTRACT.
All SUBCONTRACTORS whose total PROJECT value
exceeds $100,000.00 shall provide PAYMENT and
PERFORMANCE BONDS that meet the same requirements as
bonds required for CONTRACTOR.
True copies of any and all subcontracts shall be furnished
to TOWN; however, prices may be omitted.
The subcontracting of any part of the WORK will in no
way relieve CONTRACTOR of his responsibility or liability or
obligation under the CONTRACT.
All subcontracts and purchase orders for equipment shall
state guaranteed delivery dates, at such times as determined by
CONTRACTOR that will allow CONTRACTOR to complete the
PROJECT within the CONTRACT TIME.
4.2.2
If TOWN or ENGINEER has reasonable objection to any proposed
SUBCONTRACTOR, CONTRACTOR shall submit a substitute to whom TOWN and
ENGINEER have no reasonable objection, and the CONTRACT SUM shall be increased or
decreased by the difference in cost occasioned by such substitution and an appropriate CHANGE
ORDER shall be issued.
4.2.3
CONTRACTOR shall make no substitution for any SUBCONTRACTOR, person
or entity previously selected if TOWN or ENGINEER make reasonable objection to such
substitution.
4.3
CONTRACTOR'S REPRESENTATIVE AND EMERGENCIES.
4.3.1
CONTRACTOR shall at all times be present at the WORK in person or
represented by a competent superintendent who shall supervise and direct the WORK and shall
be authorized by CONTRACTOR to receive and fulfill instructions from ENGINEER.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-25-
4.3.2
CONTRACTOR shall supervise and direct the WORK. He shall be solely
responsible for the means, methods, techniques, sequences and procedures of construction.
CONTRACTOR shall employ and maintain on the SITE a qualified supervisor or superintendent
who shall be designated in writing by CONTRACTOR as CONTRACTOR'S representative at
the site. The supervisor shall have full authority to act on behalf of CONTRACTOR and all
communications given to the supervisor shall be as binding as if given to CONTRACTOR. The
supervisor shall be present on the SITE at all times as required to perform adequate supervision
and coordination of the WORK.
4.3.3
Emergencies that may arise during the progress of the WORK may require special
effort or require extra shifts of men to continue the WORK beyond normal working hours.
CONTRACTOR shall be prepared in case of such emergencies from whatever cause, to do all
necessary WORK promptly.
4.4
CONTRACT DOCUMENTS.
4.4.1
CONTRACTOR shall keep at the SITE a copy of the CONTRACT
DOCUMENTS and shall at all times give ENGINEER access thereto.
4.4.2
The documents that make up the CONTRACT DOCUMENTS are intended to be
complete and complementary, and to prescribe a complete WORK which CONTRACTOR shall
perform in a manner acceptable to ENGINEER and in full compliance with the terms of the
CONTRACT. CONTRACTOR shall provide TOWN with a complete and operable WORK,
even though the PLANS and SPECIFICATIONS may not specifically call out all items or items
of work required of CONTRACTOR to complete his task. If any omissions are made of
information necessary to carry out the full intent and meaning of the CONTRACT
DOCUMENTS, CONTRACTOR shall immediately notify ENGINEER, who shall immediately
notify ENGINEER. ENGINEER will make the necessary corrections for furnishing of detailed
instructions. In case of discrepancies, the more stringent requirement shall govern.
4.4.3
Any drawings or PLANS listed anywhere in the SPECIFICATIONS or
ADDENDA thereto shall be regarded as a part thereof and of the CONTRACT. Anything
mentioned in these SPECIFICATIONS and not indicated on the PLANS and not mentioned in
these SPECIFICATIONS shall be of the same force and effect as if indicated or mentioned in
both.
4.4.4
CONTRACTOR shall perform the WORK in accordance with the lines, grades,
cross sections, and dimensions indicated on the PLANS and detailed drawings.
4.4.5
Unless otherwise specified in the SPECIAL CONDITIONS, CONTRACTOR
shall furnish all MATERIALS, labor, tools, equipment, water, light, power, transportation,
superintendence, temporary construction of every nature, and incidentals, including, but not
limited to, dust and traffic control measures, and to perform all WORK involved in executing the
CONTRACT in a satisfactory and workmanlike manner within the CONTRACT TIME.
4.4.6
Anything in the CONTRACT DOCUMENTS notwithstanding, CONTRACTOR
accepts the responsibility of constructing a watertight, weather tight PROJECT.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-26-
4.5
ERRORS AND OMISSIONS.
4.5.1
The PLANS are presumed to be correct, but CONTRACTOR shall be required to
check carefully all dimensions before beginning the WORK. If any errors or omissions are
discovered, ENGINEER shall be notified in writing. ENGINEER shall immediately notify
ENGINEER who will then make such corrections, and interpretations as may be deemed
necessary for fulfilling the intent of the PLANS and SPECIFICATIONS and shall issue
appropriate ENGINEER’S INSTRUCTION BULLETINS. Any such adjustments made by
CONTRACTOR without prior review and acceptance shall be at his own risk. The settlement of
any complication or disputed expenses arising from such adjustment shall be made by
CONTRACTOR at his own expense.
4.6
QUALIFICATIONS FOR EMPLOYMENT.
4.6.1
No person under the age of sixteen (16) years for normal occupations, no person
under the age of eighteen (18) years in hazardous occupations and no person currently serving a
sentence in a penal or correctional institution shall be employed to perform any WORK under
this CONTRACT. Each person working must provide proof of United States citizenship or legal
work identification.
4.7
CHARACTER OF WORKERS.
4.7.1
CONTRACTOR shall have in place and enforce a drug-free workplace policy that
complies with the requirements of the Drug-Free Workplace Act.
4.7.2
CONTRACTOR shall at all times employ sufficient labor and equipment for
prosecuting the several classes of WORK to full completion in the manner and time required by
the CONTRACT DOCUMENTS.
4.7.3
All workmen shall be competent and have sufficient skill, knowledge and
experience in their class of work and in the operation of equipment required to perform all
WORK properly and satisfactorily.
4.7.4
CONTRACTOR shall at all times enforce strict discipline and good order among
its workmen and shall not permit the use of alcohol or controlled substances (without a medical
authorization) at the SITE.
4.7.5
Any person employed by CONTRACTOR or any SUBCONTRACTOR who, in
the opinion of ENGINEER does not perform his work in a proper and skillful manner or is
intemperate or disorderly shall, at the written request of ENGINEER be removed from the
WORK by CONTRACTOR or SUBCONTRACTOR employing such persons, and shall not be
employed again in any portion of the WORK without the approval of ENGINEER.
CONTRACTOR or SUBCONTRACTOR shall hold TOWN harmless from damages or claims
for compensation that may occur in the enforcement of this section.
4.7.6
Should CONTRACTOR or SUBCONTRACTOR fail to remove such person as
required above, or fail to furnish suitable and sufficient personnel for the proper prosecution of
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-27-
the WORK, TOWN may suspend the WORK by written notice until such orders are complied
with.
4.8
MAINTENANCE OF TRAFFIC.
4.8.1
CONTRACTOR shall submit a Traffic Control Plan to TOWN’S traffic engineer.
No work shall begin until a Traffic Control Plan has been approved, unless authorized in writing
by the ENGINEER. CONTRACTOR shall coordinate with the various agencies both
commercial and public, involved in the collection and removal of trash and garbage, so that
adequate services are maintained.
4.8.2
Safe and adequate pedestrian and vehicular access shall be provided and
maintained to fire hydrants, commercial and industrial establishments, churches, schools, parking
lots, motels, hospitals, fire stations, police stations, residential properties and establishments of a
similar nature.
4.8.3
Grading operations, roadway excavation and fill construction shall be conducted
and maintained in such a manner as to provide a reasonably satisfactory and safe surface for
vehicular and pedestrian traffic. When rough grading is completed, the roadbed shall be brought
to and maintained in a reasonably smooth condition, satisfactory and safe for vehicular traffic at
the posted speed limit. Pedestrian walkways shall be provided and maintained in a like manner.
CONTRACTOR shall accomplish any additional grading operations and/or repairs, including
barricade replacement or repairs during working and non-working periods which, in the opinion
of ENGINEER, are required.
4.8.4
In the event of abnormal weather conditions, such as windstorms and rainstorms,
CONTRACTOR shall immediately inspect his WORK area and take all necessary actions to
insure that public access and safety are maintained.
4.8.5
CONTRACTOR shall provide ENGINEER with the emergency phone number of
his representatives.
4.9
CLEANUP AND DUST CONTROL.
4.9.1
Throughout all phases of construction, including suspension of WORK, and until
final acceptance of the PROJECT, CONTRACTOR shall keep the WORK area clean and free
from rubbish, excess material and debris generated by construction activities.
4.9.2
CONTRACTOR shall take whatever steps, procedures or means required to
prevent any dust nuisance due to his construction operations. The dust control measures shall be
maintained at all times to the satisfaction of ENGINEER and in accordance with the
requirements of the Maricopa County Bureau of Air Control Rules and Regulations.
4.9.3
Failure of CONTRACTOR to comply with ENGINEER'S cleanup orders may
result in an order to suspend WORK until the condition is corrected. No additional
compensation or time will be allowed as a result of such suspension and ENGINEER has the
authority to take such other measures as may be necessary to remedy the situation.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-28-
4.10
SANITATION.
4.10.1
CONTRACTOR shall provide suitable and adequate sanitary conveniences for
the use of all persons employed on the PROJECT. All sanitary conveniences shall conform to
the regulations of the public authority having jurisdiction over such matters. At the completion
of the PROJECT, all such sanitary conveniences shall be removed and the premises left in a
sanitary condition.
4.10.2
CONTRACTOR shall cooperate with and follow directions of the Arizona
Department of Public Health Services and the Maricopa County Health Department with respect
to sanitation facilities. State and County Public Health Service representatives shall have access
to the WORK wherever it is in preparation or progress, and CONTRACTOR shall provide
proper facilities for such access and inspection.
4.11
WATER.
4.11.1
CONTRACTOR and each SUBCONTRACTOR shall supply adequate pure cool
drinking water with individual drinking cups for the use of employees on this construction. The
quality of drinking water shall meet all applicable federal, state and local standards for drinking
water.
4.11.2
It shall be the responsibility of CONTRACTOR to provide and maintain, at his
own expense, an adequate supply of water for his use for construction and to install and maintain
necessary supply connections and piping for same. Before final acceptance of the completed
PROJECT, all temporary connections and piping installed by CONTRACTOR shall be removed.
4.11.3
CONTRACTOR shall apply for a fire hydrant meter and pay for all construction
water used at the current rates charged by TOWN, if CONTRACTOR desires to obtain water
from the distribution system at any point.
4.12
CONSTRUCTION STAKING.
4.12.1
Construction staking will be made by CONTRACTOR in accordance with the
technical requirements of Section 105.8 of the MAG Specifications unless otherwise provided in
the SPECIAL CONDITIONS. CONTRACTOR shall provide and pay for all building layout
staking, including elevations and all other PROJECT staking.
4.12.2
Replacement of construction stakes that have been knocked out due to
CONTRACTOR'S WORK or lack of WORK, weather conditions, traffic, vandalism or utility
contractors will be done at CONTRACTOR'S expense.
4.13
BLUE STAKE.
4.13.1
CONTRACTOR is required to notify Blue Stake (263-1100) prior to the
excavation of any material in accordance with A.R.S. § 40-360.22. CONTRACTOR shall
directly contact TOWN for marking of electrical for traffic signals, sprinkler and irrigation
facilities.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-29-
4.14
UTILITIES SHOWN ON THE PLANS.
4.14.1
Regardless of what utilities are shown on the PLANS, it shall be
CONTRACTOR'S responsibility to verify these locations and any additional lines which may
exist through consulting with TOWN, utility companies and/or "Blue Stake."
4.14.2
Existing utilities are indicated on PROJECT PLANS in accordance with the best
information available. CONTRACTOR shall notify all owners of utilities when his WORK is in
progress and shall make such arrangements as are necessary to make any emergency repair to
any utility, in a manner satisfactory to TOWN of a damaged utility line, including individual or
house service utility lines.
4.14.3
No extra compensation will be made for the repair of any individual or house
service utility or utility lines damaged by CONTRACTOR'S labor forces or equipment, nor for
any damage incurred through neglect or failure to provide protective barriers, lights and other
devices or means required to protect such existing utilities.
4.14.4
CONTRACTOR shall expose all sanitary and storm sewers, water, gas, electric,
telephone utility lines, and other underground structures that might interfere with the WORK, in
order to permit survey location prior to construction.
4.14.5
CONTRACTOR shall assume full responsibility for damages to any underground
facility/utility properly shown on the Plans or properly located by the Utility Owner, as a result
of failing to obtain information as to its location, failing to excavate in a careful and prudent
manner (as defined in MAG Spec’s), or failing to take measures for protection of the
facilities/utilities. The Contractor is liable to the Owner of the Underground Facility/Utility for
the total cost of the repair.
4.15
UTILITIES NOT SHOWN ON THE PLANS.
4.15.1
If utility lines are encountered which are not shown on the PLANS, and not
located, or incorrectly located by the Utility Owner, other than individual or house service utility
lines, and these lines are damaged or work is required to clear same, then MAG Spec Section
109.8 and A.R.S. § 40-360 shall apply.
4.15.2
The work necessary for the raising, lowering, or relocating of any such utility
shall be at the Utility Owner’s expense. The necessary WORK may be done by the Utility
Owner or by CONTRACTOR, or as a collaborative effort, at the option of the Utility Owner.
All WORK shall be in accordance with the standards of TOWN and the Utility Owner.
4.15.3
In most cases, individual or house service utility lines are not shown on the
PLANS. It shall be CONTRACTOR’S responsibility to locate and protect these individual or
house services. If, due to CONTRACTOR’S operations, any of these lines are damaged, he shall
repair or replace these lines in a manner satisfactory to the owner of the utility at no extra cost to
TOWN. In addition, the cost of location, protection, and working around these individual or
house service utility lines shall be included in CONTRACTOR’S bid for the WORK under this
CONTRACT.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-30-
4.16
DRIVEWAYS AND WALKS.
4.16.1
Inconvenience caused by digging across driveways and sidewalks shall be kept to
a minimum by restoring the serviceability of the drive or sidewalk as soon as possible. Before
blocking driveways, CONTRACTOR shall notify the property owner. CONTRACTOR shall
replace or repair any damage done to driveways and walks to not less than the condition existing
prior to CONTRACTOR'S WORK. If it is necessary to leave an excavation open across
driveways or sidewalks, CONTRACTOR shall provide temporary relief in the form of steel
plates over the excavation.
4.16.2
Temporary paving replacement in front of business establishments shall be placed
immediately following backfill and shall remain in place until the condition of the backfill is
suitable for permanent pavement replacement.
4.16.3
Direct access shall be provided at all times to fire engine hoses, fire hydrants,
hospitals, police stations, and at all other agencies or services where emergencies may require
immediate access to same.
4.17
TREES AND SHRUBBERY.
4.17.1
All trees and shrubbery within the right-of-way or easements shall be protected by
CONTRACTOR insofar as practicable. No trees or shrubbery shall be removed without the
prior approval of TOWN.
4.17.2
In the event shrubbery or trees must be trimmed or removed, CONTRACTOR
shall notify the property owner to do so within a reasonable time prior to construction. All
shrubbery or trees not removed by the property owner shall be trimmed or removed by
CONTRACTOR and hauled from the job at CONTRACTOR'S expense.
4.17.3
All trees, shrubs, hedges, brush, etc., designated on the PLANS, or by
ENGINEER for removal, shall be completely removed and disposed of as indicated on the
PLANS or specified.
4.18
IRRIGATION DITCHES AND STRUCTURES.
4.18.1
CONTRACTOR shall contact the owners of any ditches, irrigation lines, and
appurtenances which interfere with the WORK and shall make arrangements for dry-up or
scheduling of water deliveries. CONTRACTOR shall be liable for any damage due to irrigation
facilities damaged by his operations and shall repair such damaged facilities to an "equal or
better than" original condition.
4.19
ROADS AND FENCES.
4.19.1
Streets and roads subjected to interference by the prosecution of this WORK shall
be kept open in compliance with Section 4.9 and maintained by CONTRACTOR until the
WORK is completed.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-31-
4.19.2
All fences located in easements, when damaged or temporarily removed, shall be
restored to a condition equal to or better than the original condition. Such fences shall be
restored at CONTRACTOR'S expense.
4.20
PROTECTION OF WORK AND CLEANING UP.
4.20.1
CONTRACTOR shall be responsible for the protection of all WORK until its
completion and final acceptance, and he shall at his own expense, replace damaged or lost
material, or repair damaged parts of the WORK, and CONTRACTOR and his Sureties shall be
liable therefor.
4.20.2
CONTRACTOR shall remove from the vicinity of the completed WORK all
plant, surplus material or equipment belonging to him or used under his direction during
construction. All surplus excavated material, concrete, plaster and debris of all kinds shall be
removed from TOWN'S premises, streets or portions of building or property at or adjacent to the
site of the WORK excepting that select material which may be required for refilling or grading
the surface. Salvage material shall be stored in areas designated by ENGINEER. Where an area
is indicated to be "cleared," all the weeds, vegetation, shrubs and trees shall be removed unless
they are specifically noted not to be removed.
4.21
METHODS AND EQUIPMENT.
4.21.1
The methods and equipment adopted by CONTRACTOR shall be such as will
secure a satisfactory quality of WORK and will enable CONTRACTOR to complete the WORK
in the time agreed upon. The selection and use of these methods and equipment is the
responsibility of CONTRACTOR.
4.21.2
When the SPECIFICATIONS state the construction shall be performed by the use
of certain methods and equipment, such methods and equipment shall be used unless others are
authorized by ENGINEER. If CONTRACTOR desires to use a method or type of equipment
other than those specified, he may make that request to ENGINEER, who shall immediately
forward the request to ENGINEER. The request shall be in writing and shall include a full
description of the methods and equipment proposed to be used and an explanation of the reasons
for desiring to make the change. If approval is given, it will be on the condition that
CONTRACTOR will be fully responsible for producing construction work in conformity with
the SPECIFICATIONS. If, after trial use of the substituted methods or equipment, ENGINEER
determines that the WORK produced does not meet the SPECIFICATIONS, CONTRACTOR
shall discontinue the use of the substitute method or equipment and shall complete the remaining
construction with the specified methods, equipment and quality, or take such other corrective
action as ENGINEER may direct. No change will be made on the basis of payment of the
construction items involved nor in CONTRACT TIME as a result of authorizing a change in
methods or equipment under these provisions. CONTRACTOR may appeal a decision of
ENGINEER under this Section to the TOWN’S REPRESENTATIVE. Any such appeal must
be made in writing within forty-eight (48) hours of ENGINEER'S decision or the right to appeal
is waived.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-32-
4.22
SUSPENSION OF WORK.
4.22.1
In case of suspension of WORK from any cause whatsoever, CONTRACTOR
shall be responsible for the protection of all MATERIALS and equipment. CONTRACTOR
shall provide suitable drainage and erect temporary structures where necessary to protect the
MATERIALS and equipment.
4.23
DELAYS AND EXTENSION OF TIME.
4.23.1
If CONTRACTOR finds it impossible for reasons beyond his control to complete
the WORK within the CONTRACT TIME as specified or as extended, he shall immediately
submit a written request to ENGINEER for an extension of time setting forth therein the reasons
that he believes will justify the granting of his request. CONTRACTOR'S plea that insufficient
time was specified is not a valid reason for extension of time. If ENGINEER finds that the
WORK was delayed because of conditions beyond the control and through no fault of
CONTRACTOR, he may extend the CONTRACT TIME in such amount as the conditions
justify. The extended CONTRACT TIME shall then be in full force and effect the same as
though it were the original CONTRACT TIME.
4.23.2
In setting the CONTRACT TIME, it has been assumed that up to 2 WORKING
DAYS may be lost as a result of weather conditions which will slow down the normal progress
of WORK; therefore, no extensions in CONTRACT TIME will be allowed for the first 2
WORKING DAYS lost due to bad weather conditions. Attention is directed to the nearest
weather bureau station in the vicinity of the WORK for determining the extremes of temperature,
wind velocities and the amount and intensity of precipitation that can be expected.
4.23.3
To receive consideration, a request for extension of time must be made in writing
to ENGINEER stating the reason for said request, and such request must be received by
ENGINEER within forty-eight (48) hours following the end of the delay-causing condition.
4.23.4
ENGINEER shall ascertain the facts and extent of the delay, and its findings of
the facts thereon shall be final and conclusive.
4.23.5
An extension of time may be granted by TOWN after the expiration of the time
originally fixed in the CONTRACT or as previously extended, and the extension so granted shall
be deemed to commence and be effective from the date of such expiration. Any extension of
time shall not release the sureties upon any bond required under the CONTRACT.
4.23.6
TOWN's or ENGINEER’s liability for delay from any cause shall be limited to
granting a time extension to CONTRACTOR and there is no other obligation, expressed or
implied, on the part of TOWN or ENGINEER to CONTRACTOR for delay from any cause. An
extension of CONTRACT TIME shall not release the sureties of their obligations, which shall
remain in full force until the discharge of the CONTRACT.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-33-
4.24
TOWN'S RIGHT TO CARRY OUT THE WORK.
4.24.1
If CONTRACTOR defaults or neglects to carry out the WORK in accordance
with the CONTRACT DOCUMENTS, and fails within ten (10) DAYS after receipt of written
notice from TOWN to commence and continue correction of such default or neglect with
diligence and promptness, TOWN may without prejudice to any other remedy TOWN may have,
make good such deficiencies. In such case an appropriate CHANGE ORDER shall be issued
deducting from the payments then or thereafter due CONTRACTOR the cost of correcting such
deficiencies, including compensation for ENGINEER’S additional services made necessary by
such default, neglect or failure. If the payment then or thereafter due to CONTRACTOR is not
sufficient to cover such amount, CONTRACTOR shall pay the difference to TOWN.
4.25
TERMINATION FOR BREACH OF CONTRACT.
4.25.1
If CONTRACTOR refuses or fails to prosecute the WORK or any separable part
thereof in accordance with the PLANS AND SPECIFICATIONS or with such diligence as will
ensure its completion within the time specified herein, or an extension thereof, or fails to
complete such WORK within time, or if he or any of his SUBCONTRACTOR(S) should violate
any of the provisions of the CONTRACT, TOWN may terminate this CONTRACT.
4.25.2
In the event of any such termination, TOWN shall immediately serve written
notice thereof upon the Surety and CONTRACTOR, and the Surety shall have the right to take
over and perform the CONTRACT; provided however, that if the Surety within fifteen (15)
DAYS after the serving upon it of a notice of termination does not give TOWN written notice of
its intention to take over and perform the CONTRACT and does not commence performance
thereof within thirty (30) DAYS from the date of serving said notice, TOWN may take over the
WORK and prosecute the same to completion by CONTRACT or by any other method TOWN
may deem advisable. TOWN may, without liability for so doing, take possession of and utilize
in completing the WORK such MATERIALS, appliances, plants and other property belonging to
CONTRACTOR that may be on the site of the WORK and be necessary therefore. For any
portion of such WORK that TOWN elects to complete by furnishing employees, MATERIALS,
tools and equipment, TOWN shall be compensated for such in accordance with the schedule of
compensation for force account work in the section on payment for changes in the WORK.
4.25.3
The foregoing provisions are in addition to and not in limitation of any other
rights or remedies available to TOWN.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-34-
PART V
GENERAL CONDITIONS
CONTROL OF WORK
5.1
TIME OF WORK
5.1.1 Initial Contract Schedule.
Prior to the preconstruction meeting, CONTRACTOR shall furnish to ENGINEER one hard
copy and one copy in electronic format of an INITIAL CONTRACT SCHEDULE.
The INITIAL CONTRACT SCHEDULE shall be based on and incorporate the CONTRACT
Milestone and Completion Dates specified in the CONTRACT DOCUMENTS.
The INITIAL CONTRACT SCHEDULE shall indicate the detailed plan for the work to be
completed in the first ninety (90) days of the CONTRACT; details of planned mobilization of
plant and equipment; sequence of early operations; and procurement of MATERIALS and
equipment. WORK beyond ninety (90) days shall be shown in summary form.
5.1.1.1
The INITIAL CONTRACT SCHEDULE shall be a time-scaled Critical
Path Method (CPM) type schedule, prepared in a Computer Software version that is acceptable
to the ENGINEER.
5.1.1.2.
The INITIAL CONTRACT SCHEDULE shall be cost loaded. The
accepted cost loaded schedule will be used as a basis for monthly progress payments until
acceptance of the CONTRACT SCHEDULE. Use of the INITIAL CONTRACT SCHEDULE
for progress payments shall not exceed thirty (30) days.
5.1.1.3
Overall time of completion and time of completion for each milestone
shown on the INITIAL CONTRACT SCHEDULE shall adhere to the times in the SPECIAL
CONDITIONS, unless an earlier (advanced) initial time of completion is requested by
CONTRACTOR and agreed to by ENGINEER. Any such agreement shall be formalized by a
CHANGE ORDER.
ENGINEER will review the INITIAL CONTRACT SCHEDULE for conformance with the
requirements of the CONTRACT DOCUMENTS. ENGINEER will return the INITIAL
CONTRACT SCHEDULE with comments within seven (7) days after receiving it from
CONTRACTOR.
5.1.2
Contract Schedule Development.
Within twenty-one (21) days after receiving the NOTICE TO PROCEED, CONTRACTOR shall
submit a detailed proposed CONTRACT SCHEDULE presenting an orderly and realistic plan
for completion of the WORK, in conformance with the requirements of the CONTRACT
DOCUMENTS.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-35-
The proposed CONTRACT SCHEDULE shall furnish or comply with the following
requirements:
A.
A time scaled cost loaded CPM type schedule.
B.
No activity on the schedule shall have a duration longer than fourteen (14)
days, with the exception of fabrication and procurement activities, unless
otherwise approved by ENGINEER if the PROJECT is a horizontal
project (road, sewer, water improvements). Activity durations shall be the
total number of actual days required to perform that activity, including
consideration of weather impact on completion of that activity.
C.
Procurement of major equipment, through receipt and inspection at the
SITE, identified as a separate activity.
D.
TOWN furnished MATERIALS and equipment, if any, identified as
separate activities.
E.
Dependencies (or relationships) between activities.
F.
Processing/approval of submittals and shop drawings for major
equipment. Activities that are dependent on submittal acceptance and/or
MATERIAL delivery shall not be scheduled to start earlier than the
expected acceptance or delivery dates.
G.
The total cost of performing each activity. This cost shall be the total of
labor, material, equipment, including overhead and profit. The sum of the
costs for activities shall equal the total contract value.
H.
Fourteen (14) days for developing punch list(s), completion of punch list
items, and final clean up for the WORK or any designated portion thereof.
No other critical activities shall be scheduled during this period.
I.
Interface with the WORK of other contractors (or entities).
CONTRACTOR shall submit to ENGINEER one hard copy and one copy in electronic format of
the CONTRACT SCHEDULE.
ENGINEER will review the proposed CONTRACT SCHEDULE for conformance with the
requirements of the CONTRACT DOCUMENTS. Within seven (7) days after receipt,
ENGINEER will accept the CONTRACT SCHEDULE or will return it with comments. If the
proposed CONTRACT SCHEDULE is not accepted, CONTRACTOR shall revise the schedule
to incorporate comments and resubmit the schedule for acceptance within seven (7) days after
receiving it. The accepted schedule shall become the CONTRACT SCHEDULE.
The CONTRACT SCHEDULE shall be the basis for evaluating job progress, payment requests,
and time extension requests. The responsibility for developing the CONTRACT SCHEDULE
and monitoring actual progress as compared to the schedule rests with CONTRACTOR.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-36-
Failure of the CONTRACT SCHEDULE to include any element of the WORK or any
inaccuracy in the CONTRACT SCHEDULE will not relieve CONTRACTOR from
responsibility for accomplishing all the WORK in accordance with the CONTRACT.
Acceptance of the CONTRACT SCHEDULE will not relieve CONTRACTOR of the
responsibility for accomplishing the WORK in accordance with the CONTRACT.
5.1.3 Monthly Updates.
CONTRACTOR shall submit to ENGINEER each month an up-to-date status report of the work.
The status report shall include:
A.
CONTRACTOR's estimated percentage complete for each activity not yet
complete.
B.
Cash flow for the entire project through completion in a format acceptable
to the TOWN.
C.
Actual start/finish dates for activities as appropriate.
D.
Identification of processing errors, if any, on the previous update reports.
E.
Revisions, if any, to the assumed activity durations, including revisions for
weather impact for any activities due to the effect of the previous update
on the schedule.
F.
Identification of activities that are affected by proposed CHANGE
ORDERS issued during the update period.
G.
Resolution of conflict between actual work progress and schedule logic.
When out of sequence activities develop in the CONTRACT SCHEDULE
because of actual construction progress, CONTRACTOR shall submit
revision to schedule logic to conform to current status and direction.
ENGINEER will review the updated information and meet with CONTRACTOR each week at
the SITE to determine the status of the WORK. If agreement cannot be reached on any issue,
CONTRACTOR will use ENGINEER’s determination in the processing of the update.
CONTRACTOR will incorporate ENGINEER’s review comments and submit two (2) copies of
the report.
Progress payments pursuant to the CONTRACT will be based on the update of the CONTRACT
SCHEDULE.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-37-
5.1.4
Schedule Revisions.
If the sequence of construction differs significantly, as determined by ENGINEER, from the
CONTRACT SCHEDULE, CONTRACTOR shall submit within seven (7) days a revised
schedule to ENGINEER for acceptance.
When a proposed CHANGE ORDER is issued which has the potential to impact specified
completion dates, the CHANGE ORDER request shall include a description of the impact of such
changes. If approved, it shall be incorporated into the CONTRACT SCHEDULE. Time
extensions will be considered only to the extent there is insufficient remaining float to
accommodate these changes, and pursuant to Section 6 of the CONTRACT DOCUMENTS.
Should CONTRACTOR, after acceptance of the CONTRACT SCHEDULE, intend to change its
plan of construction, it shall submit its requested revisions to ENGINEER, along with a written
statement of the revision, including a description of the logic for rescheduling the work, methods
of maintaining adherence to intermediate milestones and other specific dates and the reasons for
the revisions. If the requested changes are acceptable to ENGINEER, they will be incorporated
into the CONTRACT SCHEDULE in the next reporting period.
Schedule revisions shall be submitted at least seven (7) days prior to the date of submission of
updated information. ENGINEER will have seven (7) days to review the revisions.
5.1.5
Contract Schedule Reports.
CONTRACTOR shall submit two (2) copies of the following reports for the proposed
CONTRACT SCHEDULE, CONTRACT SCHEDULE monthly updates, CONTRACT
SCHEDULE revisions and recovery schedules:
A.
Schedule Logic Report listing the activities, their early/late and actual start
and finish dates, duration, float and the logic relationship of activities
sorted by early start.
B.
A Cost Report listing each activity and its associated cost, percentage of
work accomplished, earned value to date, previous payments and amount
earned for the update period.
C.
A narrative report with the updated progress analysis, which shall include
a description of problem areas, current and anticipated delaying factors
and their impact, an explanation of corrective action taken and proposed
revisions for recovery. Narrative report on proposed CONTRACT
SCHEDULE will outline CONTRACTOR’s overall plan, strategy, crew
movement and utilization, and other considerations in developing the
schedule.
5.1.6
Short Interval Schedules.
CONTRACTOR shall prepare a Short Interval Schedule (SIS) to be used throughout the duration
of WORK. The SIS shall include all current activities and projected activities for the succeeding
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-38-
two (2) weeks. The SIS shall include actual start/finish dates for the preceding one (1) week. Eight
copies of the SIS shall be submitted to ENGINEER at the weekly construction meeting.
CONTRACTOR shall participate in short interval scheduling coordination during the weekly
construction meetings.
5.1.7
Time of Essence.
Time is of the essence of this CONTRACT. CONTRACTOR shall, to the fullest extent possible,
carry on the various classes or parts of the WORK concurrently, and shall not defer construction of
any portion of the Work in favor of any other portion of the WORK, without the express approval
of ENGINEER.
5.1.8
Date of Completion.
CONTRACTOR shall fully and satisfactorily complete the WORK within the CONTRACT TIME.
The date of completion is defined in Section 9.2.
5.1.9
Responsibility for Completion.
CONTRACTOR shall furnish sufficient manpower, MATERIALS, facilities and equipment and
shall work sufficient hours, including night shifts, overtime operations, Saturdays, Sundays and
holidays as may be necessary to insure the prosecution and completion of the WORK in accordance
with the accepted CONTRACT SCHEDULE. If work on the critical path is seven days or more
behind the currently updated CONTRACT SCHEDULE and it becomes apparent that the WORK
will not be completed within the CONTRACT TIME, CONTRACTOR will implement whatever
steps it deems necessary to make up all lost time. If CONTRACTOR’s solution is not successful, it
will make further attempts using the following sequence of events:
A. Reschedule activities to achieve maximum practical concurrence of
accomplishment of activities.
B. If the above cannot be achieved then;
1.
CONTRACTOR shall increase manpower in
such quantities and crafts as will substantially eliminate, in the judgment of
the ENGINEER, the backlog of work; or increase the number of working
hours, shifts per working day, working days per week or the amount of
equipment or any combination of the foregoing sufficiently to substantially
eliminate in the judgment of the ENGINEER the backlog of work.
2.
In addition, ENGINEER may require the
CONTRACTOR to submit a recovery schedule demonstrating its program
and proposed plan to make up a lag in scheduled progress and to ensure
completion of the WORK within the CONTRACT TIME. If the
ENGINEER finds the proposed recovery schedule unacceptable, it may
require CONTRACTOR to submit a new plan. If the actions taken by
CONTRACTOR or the second plan proposed are unsatisfactory,
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-39-
ENGINEER may require the CONTRACTOR to take any of the actions set
forth in the previous paragraph without additional cost to TOWN to make
up the lag in scheduled progress.
Failure of CONTRACTOR to comply with the requirements of this Section 5.1.9 shall be considered
grounds for a determination by TOWN that CONTRACTOR is failing to prosecute the WORK with
such diligence as will ensure its completion within the time specified.
5.1.10
Daily Reports.
CONTRACTOR shall submit a Daily Activity Report no later than 9:00 a.m. the following work
day to ENGINEER for each workday including weekends and holidays, when worked.
5.1.11
Payments Withheld.
Progress Payments may be withheld in whole or in part should CONTRACTOR fail to comply
with the requirements of this Section 5.1.
5.2
ENGINEER TO INTERPRET CONTRACT DOCUMENTS.
5.2.1
ENGINEER will decide all questions which may arise as to the interpretation of
the PLANS AND SPECIFICATIONS. CONTRACTOR may appeal a decision of ENGINEER
made pursuant to this paragraph to the TOWN’S REPRESENTATIVE. Such appeal must be
made in writing within forty-eight (48) hours of ENGINEER'S decision or the right to appeal is
waived.
5.3
FORMAL PROTEST.
5.3.1
If CONTRACTOR considers any WORK demanded of him to be outside the
requirements of the CONTRACT, or if he considers any instruction, ruling, or decision of
ENGINEER to be unfair, he shall, within forty-eight (48) hours after any such demand is made, or
instruction, ruling or decision is given, file a written protest stating clearly and in detail his
objections and the reasons therefor. Except for such protests as are made of record in the manner
and within the time above stated, CONTRACTOR shall be deemed to have waived and does
hereby waive all claims for extra WORK, damages and extensions of time resulting from
demands, instructions, rulings and decisions of ENGINEER. If the protest is against a demand,
instruction, ruling or decision of ENGINEER, it shall be filed with the TOWN’S
REPRESENTATIVE.
5.3.2
Upon receipt of a protest from CONTRACTOR of a decision of ENGINEER, the
TOWN’S REPRESENTATIVE shall review the demands, instructions, rulings, or decisions
objected to and shall promptly advise CONTRACTOR in writing of his final decision, which
shall be binding. Upon receipt of a protest from CONTRACTOR of a decision of the TOWN’S
REPRESENTATIVE, the TOWN Manager shall review the demands, instructions, rulings, or
decisions objected to and shall promptly advise CONTRACTOR in writing of his final decision,
which shall be binding.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-40-
5.3.3
CONTRACTOR shall continue work on the Project during the review of the
formal protest.
5.4
PLANS.
5.4.1
The CONTRACT PLANS consist of general drawings. These indicate such
details as are necessary to give a comprehensive idea of the construction contemplated. All
authorized alterations affecting the requirements and information on the CONTRACT PLANS
shall be in writing. The CONTRACT PLANS shall be supplemented by such working or shop
drawings prepared by CONTRACTOR as are necessary to adequately control the WORK. No
change shall be made by CONTRACTOR in any working or shop drawing after it has been
accepted by ENGINEER.
5.4.2
CONTRACTOR shall keep a current copy of the PLANS and SPECIFICATIONS
at the jobsite, and shall at all times give ENGINEER access thereto. A current copy of PLANS
and SPECIFICATIONS shall include red-line drawings, all ADDENDA, CHANGE ORDERS,
ENGINEER INSTRUCTION BULLETINS, and any other approved change made to the PLANS
and SPECIFICATIONS. Any drawings or PLANS listed in the SPECIFICATIONS shall be
regarded as a part thereof and ENGINEER will furnish from time to time such additional
drawings, PLANS, profiles, and information as he may consider necessary for
CONTRACTOR'S guidance.
5.4.3
All authorized alterations affecting the requirements and information given on the
accepted PLANS shall be in writing. No changes shall be made to any plan or drawing after the
same has been accepted by ENGINEER except by consent of ENGINEER in writing.
5.5
CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS.
5.5.1
Finished surfaces in all cases shall conform with lines, grades, cross sections, and
dimensions shown on the accepted PLANS. Allowable deviations, other than specified
tolerances, from the accepted PLANS and working drawings will in all cases be determined by
ENGINEER.
5.6
COORDINATION AND INTERPRETATION OF PLANS AND SPECIFICATIONS.
5.6.1
The documents that make up the CONTRACT DOCUMENTS are essential parts
of the CONTRACT, and a requirement occurring in one is as binding as though occurring in all.
They are intended to be coordinated and to describe and provide for a complete WORK.
5.6.2
Should it appear that the WORK to be done or any of the matters relative thereto
are not sufficiently detailed or explained in these CONTRACT DOCUMENTS, CONTRACTOR
shall promptly notify ENGINEER. ENGINEER shall follow the procedures set forth in Section
4.5.1. In the event of any discrepancy between any drawing and the figures written thereon, the
figures shall be taken as correct.
5.6.3
In the event of there being a conflict between one CONTRACT DOCUMENT
and any of the other CONTRACT DOCUMENTS, the more stringent requirement shall apply.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-41-
5.6.4
CONTRACTOR shall not take advantage of any apparent error or omission in the
PLANS or SPECIFICATIONS. In the event CONTRACTOR discovers such an error or
omission, he shall immediately notify ENGINEER. ENGINEER shall proceed as prescribed in
Section 4.5.1 of the CONTRACT DOCUMENTS.
5.7
ORDER OF WORK.
5.7.1
When required by the CONTRACT DOCUMENTS, CONTRACTOR shall
follow the sequence of operations as set forth therein. Full compensation for conforming with
such requirements will be considered as included in the prices paid for CONTRACT items of
WORK and no additional compensation will be allowed therefor.
5.7.2
The organization of the SPECIFICATIONS into divisions and articles and the
arrangement of drawings shall not control CONTRACTOR in dividing the WORK among
SUBCONTRACTORS or in establishing the extent of WORK to be performed by any trade.
5.8
COOPERATION BETWEEN CONTRACTORS.
5.8.1
TOWN reserves the right to CONTRACT for and perform other or additional
WORK on or near the WORK covered by the CONTRACT.
5.8.2
When separate contracts are let within the limits of any one PROJECT, each
CONTRACTOR shall conduct his work so as not to interfere with or hinder the progress or
completion of the WORK being performed by other CONTRACTORS. CONTRACTORS
working on the same PROJECT shall cooperate with each other as directed.
5.8.3
Each CONTRACTOR involved shall assume all liability, financial or otherwise,
in connection with his CONTRACT and shall protect and save harmless TOWN from any and all
damages or claims that may arise because of inconvenience, delay, or loss experienced by him
because of the presence and operations of other CONTRACTORS working within the limits of
the same PROJECT.
5.8.4
CONTRACTOR shall arrange his WORK and shall place and dispose of the
MATERIALS being used so as not to interfere with the operations of the other
CONTRACTORS within the limits of the same PROJECT. He shall join his WORK with that of
others in an acceptable manner and shall perform it in proper sequence to that of the others.
5.8.5
TOWN will not honor any claim for extra compensation due to delays, extra
WORK, or extension of time caused by any other CONTRACTORS working within the limits of
the same PROJECT.
5.9
INSPECTION.
5.9.1
CONTRACTOR shall furnish ENGINEER with every reasonable facility for
ascertaining whether the WORK as performed is in accordance with the requirements and intent
of the SPECIFICATIONS and CONTRACT. ENGINEER shall be permitted to inspect all
MATERIALS and each part or detail of the WORK at any time for the purpose of expediting and
facilitating the progress of the WORK. ENGINEER shall be furnished with such information
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-42-
and assistance by CONTRACTOR as required to make a complete and detailed inspection.
Should any WORK be covered up before acceptance or consent of ENGINEER, it must, if
required by ENGINEER, be uncovered for examination at CONTRACTOR'S expense. The
direct control shall be solely the responsibility of CONTRACTOR'S foremen and
superintendent.
5.9.2
When the United States government is to pay a portion of the cost of the WORK
covered by the CONTRACT, the WORK shall be subject to the inspection of the representatives
of the U.S. government. Such inspection shall in no sense make the U.S. government a party to
this CONTRACT and will in no way interfere with the rights of either party under this
CONTRACT.
5.9.3
The inspection of the WORK shall not relieve CONTRACTOR of any of his
obligations to fulfill his CONTRACT as herein provided. Any unsuitable or defective
MATERIALS and WORK may be rejected notwithstanding that such WORK and MATERIALS
may have been previously overlooked and accepted or estimated for payment. Unsuitable or
defective MATERIALS shall be removed from the site within three (3) days of such rejection.
5.10
LINES AND GRADES.
5.10.1
Profiles and elevations are indicated on the PLANS. All WORK under this
CONTRACT shall be built in accordance with the lines and grades indicated on the PLANS.
These lines and grades may be modified as provided in Part VI (Changes in the Work) in the
CONTRACT. The establishment of the lines and grades shall be set forth under these
GENERAL CONDITIONS, as modified by the SPECIAL CONDITIONS.
5.11
USE OF SITE.
5.11.1
CONTRACTOR shall confine operations at the site to areas permitted by law,
ordinances, permits and the CONTRACT DOCUMENTS, and shall not unreasonably encumber
the site with any MATERIALS or equipment.
5.11.2
CONTRACTOR shall coordinate all of the CONTRACT'S operations with, and
secure approval from, ENGINEER before using any portion of the site.
5.12
SEPARATE CONTRACTS TO THE OWNER.
5.12.1
If any part of CONTRACTOR'S WORK depends on proper execution or results
of WORK performed by TOWN or any separate CONTRACTOR, CONTRACTOR shall, prior
to proceeding with the WORK, promptly report to ENGINEER any apparent discrepancies or
defects in such other WORK that render it unsuitable for such proper execution and results.
Failure of CONTRACTOR so to report shall constitute an acceptance of TOWN'S or separate
CONTRACTOR'S WORK as fit and proper to receive the WORK, except as to defects which
may subsequently become apparent in such WORK by others.
5.12.2
Should CONTRACTOR wrongfully cause damage to the WORK or property of
TOWN, or to other WORK or property on the site, CONTRACTOR shall promptly remedy such
damage.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-43-
5.12.3
Should CONTRACTOR wrongfully delay or cause damage to the WORK or
property of any separate CONTRACTOR, CONTRACTOR shall, upon due notice, promptly
attempt to settle with such other CONTRACTOR by agreement, or otherwise to resolve the
dispute.
5.13
TESTS.
5.13.1
If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or orders
of any public authority having jurisdiction require any portion of the WORK to be inspected,
tested or approved, CONTRACTOR shall give ENGINEER timely notice of its readiness so
ENGINEER may observe such inspection, testing or approval. CONTRACTOR shall bear all
costs of such inspections, tests or approvals conducted by public authorities. The Town shall
reserve the right to conduct additional tests and inspections, and, unless otherwise provided,
TOWN shall bear all costs of other inspections, tests or approvals. The CONTRACTOR will be
required to schedule, coordinate and supervise all required inspections and tests, including, but
not limited to, pressure tests, video inspections, mandrel tests, compaction tests, material
sampling, and any other test or inspection required for acceptance by the TOWN.
5.13.2
Required certificates of inspection, testing or approval shall be secured by
CONTRACTOR and CONTRACTOR shall promptly deliver them to ENGINEER.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-44-
PART VI
GENERAL CONDITIONS
CHANGES IN THE WORK
6.1
CHANGES IN THE WORK.
6.1.1
TOWN, without invalidating the CONTRACT and without notification of
sureties, may order extra WORK, make changes by altering, or delete any portion of the WORK
as specified herein, or as deemed necessary or desirable by TOWN. All such WORK shall be
executed under the conditions of the original CONTRACT except that any claim for extension of
time and additional cost caused thereby shall be adjusted at the time of ordering such change or
extra WORK.
6.1.2
In giving instructions, ENGINEER shall have authority to make minor changes in
the WORK, not involving extra cost, and not inconsistent with the purposes of the WORK. No
extra WORK or change shall be made unless in pursuance of a written order by TOWN. Any
claim for an addition to the CONTRACT SUM shall not be valid unless the change was so
ordered, except in an emergency endangering life or property. If CONTRACTOR claims that
any instructions involve extra cost under the CONTRACT, he shall within forty-eight (48) hours
after the receipt of such instructions, provide notice to ENGINEER of such claim, and before
proceeding to execute the WORK, except in an emergency endangering life or property, and the
procedure shall then be as provided to approve CHANGE ORDERS.
6.1.3
It is mutually understood that it is inherent in the nature of municipal construction
that some changes in the PLANS and SPECIFICATIONS may be necessary during the course of
construction to adjust them to field conditions, and that it is of the essence of the CONTRACT to
recognize a normal and expected margin of change. TOWN shall have the right to make such
changes in the PLANS and the character of the WORK as may be necessary or desirable to
ensure the completion of the WORK in the most satisfactory manner without invalidating the
CONTRACT.
6.1.4
Changes shall be incorporated in the written CHANGE ORDER issued by
TOWN, which shall be written so as to indicate acceptance on the part of CONTRACTOR as
evidenced by his signature.
6.2
PRICING OF CHANGES.
6.2.1
If a CHANGE ORDER provides for an adjustment to the CONTRACT SUM, the
adjustment shall be based on one of the following methods:
A.
Where the WORK involved is covered by unity prices contained in the
Bid Schedule, by application of the unit prices to the quantities of the items involved, as
mutually agreed to by the CONTRACTOR and the ENGINEER.
B.
By mutual acceptance of a unit price not contained in the Bid Schedule, or
mutual acceptance of a lump sum price. The CONTRACTOR shall furnish ENGINEER with an
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-45-
itemized cost breakdown together with supporting data, including the quantities used in
computing the unity price and/or lump sum price of the WORK.
C.
Only when methods A and B above are exhausted, then on the basis of the
Cost of Work plus a CONTRACTOR’s Fee for overhead and profit, as described below. (Cost
Plus Basis).
D.
Whenever the cost of any work is to be determined on a Cost Plus Basis,
CONTRACTOR will submit on forms acceptable to the ENGINEER, daily work sheets showing
an itemized breakdown together with supporting data used to arrive at a final cost for the
WORK. No payment will be made for work not verified by the ENGINEER. Final cost for the
Change in the WORK shall be reflected and formalized in a Change Order.
6.2.2
Allowable costs for any CHANGE ORDER shall be limited to the following:
A.
Costs of labor, including social security, Medicare and unemployment
insurance, fringe benefits available to CONTRACTOR’S employees generally.
B.
Costs of first line supervision labor, including labor burden as described in
Section 6.2.2 A. “First Line Supervision” shall mean a working foreman or lead craft worker
other than the PROJECT superintendent.
C.
Actual cost of the PROJECT superintendent associated with any period of
compensable delay caused by the issuance of the CHANGE ORDER. In the absence of a
compensable delay, all of the PROJECT superintendent’s time is considered to have been paid
for as part of the overhead.
D.
Actual costs of MATERIALS, including sales tax and delivery.
E.
Rental costs of machinery and equipment, based on the latest “schedule of
equipment rates” used by the Arizona Department of Transportation, exclusive of small tools,
whether rented from CONTRACTOR or others.
F.
Overhead and profit as specified below. “Overhead” shall include the
following: Preparation of all paperwork related to changes in the WORK, including field review,
estimating and cost breakdown; coordination and supervision, both office and field, including the
PROJECT superintendent; vehicles, including gas and maintenance; small tools, incidentals and
consumables; engineering, detailing, and revisions to shop drawings and record drawings;
general office expense; extended and unabsorbed home office overhead; warranty; costs of
bonds, liability insurance, and all taxes; and all other expenses not specifically included in
Section 6.2.2 A above.
6.2.3
Upon receipt of a proposed CHANGE ORDER, CONTRACTOR shall promptly
proceed with the change in the WORK and advise ENGINEER within seven (7) days of
CONTRACTOR’S agreement or disagreement with the method, if any, provided in the proposed
CHANGE ORDER for determining the proposed adjustment in the CONTRACT SUM or
CONTRACT TIME. Failure to return the CHANGE ORDER to ENGINEER within seven (7)
days indicates CONTRACTOR’S AGREEMENT therewith, including adjustment in
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-46-
CONTRACT SUM and CONTRACT TIME or the method for determining them. Such
agreement shall be effective immediately and shall be recorded as a CHANGE ORDER.
6.2.4
If CONTRACTOR disagrees with the method for adjustment in the CONTRACT
SUM, the adjustment shall be determined by ENGINEER on the basis of any of the methods
described in Section 6.2.1, paragraphs A-D.
6.2.5
Overhead and Profit for actual cost of work performed by the Contractor and/or
his Sub-Contractor, shall be determined in accordance with MAG Section 109.5. Cumulative
total markup for all tiers of CONTRACTORS and SUBCONTRACTORS shall not exceed thirty
percent (30%).
If the net value of a change results in a credit from CONTRACTOR or SUBCONTRACTOR, the
credit shall be the actual net cost, plus five percent (5%) for overhead and profit. When both
additions and credits covering related work or substitutions are involved in any one change, the
allowance for overhead and profit shall be figured on the basis of the net increase or decrease, if
any, with respect to the change.
6.3
COST PLUS ADJUSTMENT.
6.3.1
Record Keeping. In the event that the pricing method selected is the “cost plus”
method described in Section 6.2.1, Paragraphs C and D, CONTRACTOR shall keep and present
daily, in such form as ENGINEER may prescribe, an itemized accounting together with
appropriate supporting data of the labor, materials, and equipment used during that DAY. All
labor shall be recorded on separate time sheets clearly identified with the CHANGE ORDER
number and scope of extra work involved. These time sheets shall be signed daily by
ENGINEER. No costs will be allowed for time not recorded and signed the same day the work
takes place. CONTRACTOR and ENGINEER shall discuss and attempt to resolve any dispute
concerning CONTRACTOR’s daily records at the time the report is submitted.
6.3.2
Reconciliation. CONTRACTOR shall on a monthly basis accompanying the
progress payment request submit a reconciliation for all WORK performed under a cost plus
CHANGE ORDER during the period of the progress payment. A final reconciliation shall be
submitted within 30 days after the WORK of the CHANGE ORDER is completed. The
reconciliation shall recap all costs and appropriate markups for the period. No costs will be
allowed for work not included in a reconciliation within the time periods specified.
6.4
EFFECT ON SURETIES.
All changes authorized by the CONTRACT DOCUMENTS may be made without notice to or
consent of the sureties on the CONTRACT bonds, and shall not reduce the sureties’ liability on
the bonds.
TOWN reserves the right to require additional payment or performance bonds to secure a
CHANGE ORDER.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-47-
PART VII
GENERAL CONDITIONS
MATERIALS AND WORKMANSHIP
7.1
GENERAL.
7.1.1
All equipment, MATERIALS, and articles incorporated in the WORK covered by
this CONTRACT shall be new and subject to review and acceptance by ENGINEER unless
otherwise specifically provided for in the CONTRACT DOCUMENTS.
7.1.2
Where equipment, MATERIALS, or articles are referred to in the
SPECIFICATIONS as "or equal to" any particular standard, ENGINEER shall decide the
question of equality.
7.1.3
Wherever any standard published specification is referred to, the latest edition or
revision, including all amendments, shall be used unless otherwise specified. MATERIALS of a
general description shall be the best of their several kinds, free from defects, and adapted to the
use for which provided. The physical characteristics of all MATERIALS not particularly
specified shall conform to the latest standards published by the American Society for Testing and
Materials, where applicable. All material shall be new and of the specified quality and equal to
the accepted samples, if samples have been submitted.
7.1.4
All WORK shall be done and completed in a thorough, workmanlike manner in
conformance with the CONTRACT DOCUMENTS. ENGINEER shall have the authority to
reject WORK not in conformance with the CONTRACT DOCUMENTS.
7.1.5
In the event CONTRACTOR discovers any omission from these
SPECIFICATIONS or from the PLANS, it shall be the duty of CONTRACTOR to call
ENGINEER'S attention to apparent errors or omissions and request instructions before
proceeding with the WORK. ENGINEER shall, by appropriate instructions, correct errors
and/or omissions, which instructions shall be as binding upon CONTRACTOR as though
contained in the original SPECIFICATIONS or PLANS.
7.1.6
CONTRACTOR may appeal a decision of ENGINEER made pursuant to Section
7.1 to the TOWN’S REPRESENTATIVE. Such appeal must be made in writing within forty-
eight (48) hours of ENGINEER'S decision or the right to appeal is waived.
7.2
SUBSTITUTION OF MATERIAL OR EQUIPMENT.
7.2.1
Substitution of material or equipment shall only be made pursuant to Section 1.8.
7.3
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES.
7.3.1
Shop drawings are drawings, diagrams, schedules and other data specially
prepared for the WORK by CONTRACTOR or any SUBCONTRACTOR, manufacturer,
supplier or distributor to illustrate some portion of the WORK.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-48-
7.3.2
Product data are illustrations, standard schedules, performance charts,
instructions, brochures, diagrams and other information furnished by CONTRACTOR to
illustrate a material, product or system for some portion of the WORK.
7.3.3
Samples are physical examples that illustrate MATERIALS, equipment or
workmanship, and establish standards by which the WORK will be judged.
7.3.4
All MATERIALS to be incorporated in the WORK shall be subject to sampling,
testing and acceptance. Samples furnished by CONTRACTOR shall be representative of the
MATERIALS to be used. ENGINEER may select samples or may require that samples be
delivered to and tested at a laboratory designated by ENGINEER at no additional cost to TOWN.
7.3.5
CONTRACTOR shall prepare, review, approve and submit to ENGINEER, with
reasonable promptness and in such sequence as to cause no delay in the WORK or in the WORK
of TOWN or any separate CONTRACTOR all shop drawings, product data and samples required
by the CONTRACT DOCUMENTS. CONTRACTOR shall cooperate with ENGINEER in the
coordination of the shop drawings, product data and samples with those of other separate
CONTRACTORS.
7.3.6
By preparing, approving and submitting shop drawings, product data and samples,
CONTRACTOR represents that CONTRACTOR has determined and verified all MATERIALS,
field measurements and field construction criteria related thereto, or will do so with reasonable
promptness, and has checked and coordinated the information contained within such submittals
with the requirements of the WORK, the PROJECT and the CONTRACT DOCUMENTS.
7.3.7
ENGINEER will review and approve or take other appropriate action upon
CONTRACTOR'S submittals such as shop drawings, product data and samples for conformance
with the SPECIFICATIONS. ENGINEER'S approval of the specific item shall not indicate
approval of an assembly of which the item is a component.
7.3.8
All sampling and testing of MATERIALS shall be done in accordance with the
latest designated standard methods AASHTO or ASTM, or in accordance with special methods
designated in the SPECIFICATIONS.
7.4
MATERIALS FURNISHED BY TOWN.
7.4.1
All MATERIALS and/or services to be furnished by TOWN are indicated in the
SPECIAL CONDITIONS. The cost of CONTRACTOR handling and placing TOWN-furnished
MATERIALS shall be included in the CONTRACT price.
7.5
STORAGE OF MATERIALS.
7.5.1
CONTRACTOR shall provide proper storage facilities and exercise such
measures as will insure the preservation of the specified quality and fitness of all MATERIALS
and equipment to be used in the WORK. Stored MATERIALS shall be located so as to provide
reasonable access for inspection. That portion of the right-of-way not required for public travel
may be used for storage purposes unless prohibited by the other provisions of the PROJECT
SPECIFICATIONS. Any additional space required shall be provided by CONTRACTOR at no
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-49-
cost to TOWN. Protection of MATERIALS and equipment stored on the site shall be the
responsibility of CONTRACTOR. TOWN reserves the right to direct CONTRACTOR to
provide proper means of protection for MATERIALS if such is deemed advisable by
ENGINEER; however, the exercise of or failure to exercise this right shall not be deemed to
relieve CONTRACTOR of his primary responsibility for protecting the material and equipment.
CONTRACTOR shall provide suitable warehouses or other adequate means of protection for
such of the MATERIALS and equipment as required storage or protection. CONTRACTOR
shall store and care for the material and equipment in the most suitable manner to protect them
from distortion, rain, dust, or other damage. Contractor shall maintain all material and
equipment in accordance with the manufacturer’s instructions. The cost of replacing any
material or equipment damaged in storage shall be borne by CONTRACTOR, and the fact that
material or equipment has been damaged after partial payment has been made shall not relieve
CONTRACTOR of his primary responsibility. No motor shall be left uncovered or unprotected.
7.5.2
Payments for MATERIALS or equipment stored off the site shall be conditioned
upon submission by CONTRACTOR of bills of sale to establish TOWN'S title to such
MATERIALS or equipment and certificate of insurance for storage in a bonded warehouse.
7.6
REJECTED MATERIALS AND WORK
7.6.1
ENGINEER shall have the authority to reject MATERIALS which do not
conform to the CONTRACT DOCUMENTS. Rejected MATERIALS shall be removed
immediately from the site of the WORK unless otherwise permitted by ENGINEER. No
rejected MATERIALS, the defects of which have been subsequently corrected, shall be used
unless accepted by ENGINEER. If CONTRACTOR fails to remove and replace rejected
material, TOWN has authority to do so and to deduct the cost thereof from any monies due or to
become due CONTRACTOR.
7.7
GUARANTEE OF WORK - WARRANTY.
7.7.1
CONTRACTOR warrants to TOWN that all MATERIALS and equipment
furnished under this CONTRACT will be new unless otherwise specified and that all WORK
will be of good quality, free from faults and defects and in conformance with the CONTRACT
DOCUMENTS. All WORK not conforming to these requirements, including substitutions not
properly approved and authorized, may be considered defective. If required by TOWN or
ENGINEER, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of
MATERIALS and equipment. This warranty is not limited by any other provisions of the
CONTRACT DOCUMENTS.
7.7.2
CONTRACTOR shall promptly correct all WORK rejected as defective or as
failing to conform to the CONTRACT DOCUMENTS whether observed before or after
acceptance and whether or not fabricated, installed or completed. CONTRACTOR shall bear all
costs of correcting such rejected WORK, including compensation for the additional services of
ENGINEER made necessary thereby.
7.7.3
If, within one year after the date of final acceptance by TOWN of all WORK
required by the CONTRACT DOCUMENTS or within such longer period of time as may be
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-50-
prescribed by law or by the terms of any applicable special warranty required by the
CONTRACT DOCUMENTS, any of the WORK is found to be defective or not in accordance
with the CONTRACT DOCUMENTS, CONTRACTOR shall correct it promptly after receipt of
written notice from TOWN to do so unless TOWN has previously given CONTRACTOR a
written acceptance of such condition. This obligation shall survive termination of the
CONTRACT, but it shall in no way limit the warranty set forth in Section 7.7.1. TOWN shall
give the notice required herein promptly after discovery of the condition.
7.7.4
CONTRACTOR shall remove from the site all portions of the WORK which are
defective or non-conforming and which have not been corrected unless removal is waived by
TOWN.
7.7.5
If CONTRACTOR does not proceed with the correction of such defective or non-
conforming WORK within a reasonable time fixed by written notice from ENGINEER, TOWN
may remove it and may store the MATERIALS or equipment at the expense of CONTRACTOR.
If CONTRACTOR does not pay the cost of such removal and storage within ten (10) DAYS
thereafter, TOWN may, upon ten (10) additional DAYS written notice sell such MATERIALS
and equipment at auction or at private sale and shall account for the net proceeds thereof, after
deducting all the costs that should have been borne by CONTRACTOR including, but not
limited to, compensation for ENGINEER'S additional services made necessary thereby. If the
proceeds of sale do not cover all such costs, the amount to be paid by TOWN to CONTRACTOR
under the CONTRACT shall be reduced by the deficiency. If payments then due to
CONTRACTOR are insufficient to cover deficiency, CONTRACTOR shall pay the difference to
TOWN.
7.7.6
CONTRACTOR shall bear the costs of making good all WORK of TOWN or
separate CONTRACTORS destroyed or damaged by CONTRACTOR'S correction or removal of
defective WORK.
7.7.7
Nothing contained in this Section 7.7 shall be construed to establish a period of
limitation with respect to any other obligation that CONTRACTOR might have under the
CONTRACT DOCUMENTS. The establishment of the time period of one year after final
acceptance or such longer period of time as may be prescribed by law or by the terms of any
warranty required by the CONTRACT DOCUMENTS relates only to the specific obligation of
CONTRACTOR to correct the WORK and has no relationship to the time within which
CONTRACTOR'S obligation to comply with the CONTRACT DOCUMENTS may be sought to
be enforced. Nor the time within which proceedings may be commenced to establish
CONTRACTOR'S liability with respect to CONTRACTOR'S obligations other than specifically
to correct the WORK.
7.7.8
In the event it is necessary for TOWN to file suit to enforce any liability of
CONTRACTOR, TOWN shall be entitled to recover from CONTRACTOR, a reasonable sum as
and for costs and attorney’s fees, in addition to all other amounts found due and owing.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-51-
7.8
NO EXERCISE OF AUTHORITY BY ENGINEER.
7.8.1
Neither ENGINEER'S authority to act under this Part VII nor any decision made
by him in good faith either to exercise or not to exercise such authority shall give rise to any duty
or responsibility of ENGINEER to CONTRACTOR, any SUBCONTRACTOR, any of their
agents or employees or any other person performing any of the WORK.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-52-
PART VIII
GENERAL CONDITIONS
LEGAL RELATIONS AND RESPONSIBILITY
8.1
LAWS TO BE OBSERVED.
8.1.1
CONTRACTOR is presumed to know, and at all times shall observe and comply
with, all federal and state laws and local ordinances, including but not limited to (1) Workers'
Compensation, occupation diseases, and unemployment compensation laws together with the
payment of all premiums and taxes therefore; (2) all laws, ordinances, and regulations in any
manner affecting the conduct of the WORK; and (3) all environmental laws and regulations and
shall indemnify and save harmless TOWN and its representatives against any claim arising from
the violation of such laws, bylaws, ordinances, or regulations by CONTRACTOR,
SUBCONTRACTORS and their employees and agents. CONTRACTOR'S particular attention
is drawn, but not limited to, the laws in paragraphs 8.2, 8.3, 8.4, 8.5 and 8.15.
8.1.2
If CONTRACTOR performs any WORK knowing it to be contrary to such laws,
ordinances and regulations, CONTRACTOR shall assume full responsibility therefore and shall
bear all costs attributable thereto.
8.1.3
The Contractor is required to abide by the storm water pollution prevention plan
in effect for this site. Any fines incurred by the Owner for violations caused by the Contractor’s
work will be paid by the Contractor.
8.2
HOURS OF LABOR.
8.2.1
All CONTRACTS made by or on behalf of the State of Arizona, or any of its
political subdivisions, with any person for the performance of any WORK, or the furnishing of
any material manufactured within the State, shall comply with the Fair Labor Standards Act and
Section 23-391, Arizona Revised Statutes, as amended.
8.3
ALIEN LABOR.
8.3.1
A person not a legal alien, citizen or ward of the United States shall not be
employed upon or in connection with any state, county or municipal works or employment;
provided that nothing herein shall be construed to prevent the working of prisoners by the state
or by any county or municipality thereof on street or road work or other public work.
8.4
LABOR DISCRIMINATION.
8.4.1
Attention is directed to Arizona Revised Statutes, Title 41, Chapter 9, Article 4, as
amended, entitled "Discrimination in Employment."
8.4.2
When federal funds are to pay a portion of the cost of this PROJECT, then the
BIDDER shall also comply with applicable paragraphs in the SPECIAL CONDITIONS.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-53-
8.4.3
China. Pursuant to and in compliance with A.R.S. § 35-394, CONTRACTOR
hereby agrees and certifies that it does not currently, and agrees for the duration of this
Agreement that CONTRACTOR will not, use: (i) the forced labor of ethnic Uyghurs in the
People’s Republic of China; (ii) any goods or services produced by the forced labor of ethnic
Uyghurs in the People’s Republic of China; or (iii) any contractors, subcontractors or suppliers
that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs
in the People’s Republic of China. CONTRACTOR also hereby agrees to indemnify and hold
harmless the WICKENBURG, its officials, employees, and agents from any claims or causes of
action relating to the WICKENBURG’s action based upon reliance upon this representation,
including the payment of all costs and attorney fees incurred by the WICKENBURG in
defending such as action.
8.4.4
Israel. To the extent A.R.S. § 35-393 through § 35-393.03 are applicable,
CONTRACTOR hereby certifies that it is not currently engaged in and agree for the duration of
this Agreement to not engage in, a boycott of goods or services from Israel, as that term is
defined in A.R.S. § 35-393.
8.5
PERMITS AND LICENSES.
8.5.1
Except as otherwise provided in the CONTRACT DOCUMENTS, it is the duty of
CONTRACTOR to procure all permits and licenses. There will be no charge to
CONTRACTOR for any necessary TOWN permits and inspections.
8.6
PATENTED DEVICES, MATERIALS, AND PROCESSES.
8.6.1
CONTRACTOR shall indemnify and save harmless TOWN and its duly
authorized representatives from all liabilities, judgments, costs, damages and expenses which
may result from the infringement of any patents, trademarks or copyrights by reason of the use of
any proprietary MATERIALS, devices, equipment or processes incorporated in or used in the
performance of the WORK under this CONTRACT.
8.7
SURVEY LAND MONUMENTS.
8.7.1
Survey land monuments and property marks shall not be moved or otherwise
disturbed by CONTRACTOR until an authorized agent, of the agency having jurisdiction over
the land monuments or property marks setting, has witnessed or otherwise referenced their
location, and only then in accordance with the requirements of the agency having jurisdiction.
8.8
PROTECTION OF PERSON AND PROPERTY.
8.8.1
CONTRACTOR shall adopt every practical means and comply with all laws,
ordinances and regulations in order to minimize interferences to traffic and inconveniences,
discomfort and damage to the public, including the provision of adequate dust control measures.
All obstructions to traffic shall be guarded.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-54-
8.8.2
If an unsafe condition arises or exists during the progress of the WORK, or if
TOWN has reason to believe that an unsafe condition exists, CONTRACTOR shall suspend the
WORK wholly or in part for such period as may be necessary to correct the unsafe condition.
8.8.3
Neither CONTRACTOR nor the SUBCONTRACTOR shall trespass upon private
property. CONTRACTOR shall be responsible for all injury or damage to persons or property,
directly or indirectly, resulting from operations of CONTRACTOR or SUBCONTRACTORS
completing this WORK. CONTRACTOR shall ensure that both CONTRACTOR and
SUBCONTRACTORS comply with the laws and regulations of TOWN, county and state
relating to the safety of persons and property. CONTRACTOR will be held responsible and
required to make good any injury or damage to persons or property caused by CONTRACTOR
or SUBCONTRACTORS or any agent or employee of either during the progress of the WORK
and until its final acceptance.
8.8.4
CONTRACTOR shall protect against injury or damage to any pipes, sewer
conduits, electrical conduits, lawns, gardens, shrubbery, trees, fences or other structures or
property, public and/or private, encountered in this WORK except as stipulated elsewhere herein.
CONTRACTOR shall be responsible and liable for any injury or damage or repair to such pipe,
structures and property.
8.9
CONSTRUCTION SAFETY PROGRAM AND REGULATIONS.
8.9.1
The Arizona Occupational Safety and Health Act and the conditions set forth in
the Occupational Safety and Health Standards (OSHA) shall constitute the outline for the safety
program to be adhered to during the course of the PROJECT. CONTRACTOR shall keep a copy
of these publications available at the jobsite for reference, as well as a copy of
CONTRACTOR’S safety program.
8.10
PROTECTION OF ANTIQUITIES.
8.10.1
Attention is called to state and federal laws pertaining to the protection and
preservation of sites or objects of archaeological, paleontological or historic interest and
endangered species.
8.10.2
It shall be a provision of every CONTRACT that when features of archaeological,
paleontological or historic interest are encountered or unearthed in the excavation of material
pits, the roadway prism, or other excavation, CONTRACTOR shall stop work in the immediate
vicinity of such feature, protect it from damage or disturbance, and report promptly to the
Director of the Arizona State Museum and ENGINEER. When a possible endangered or
threatened species is discovered, CONTRACTOR shall stop work and report promptly to
ENGINEER.
8.10.3
WORK shall not be resumed in the immediate area until CONTRACTOR is
advised by the authorities having jurisdiction that study or removal of the feature or features has
been completed. CONTRACTOR will be allowed an appropriate CONTRACT time extension
as provided in these General Conditions for construction time lost.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-55-
8.11
CONTINGENCIES.
8.11.1
All loss or damage arising from obstruction or difficulties which may be
encountered in the prosecution of the WORK, from the action of the elements or from any act or
omission on the part of CONTRACTOR, SUBCONTRACTOR or any person or agent employed
by him shall be borne by CONTRACTOR.
8.12
NON-RESPONSIBILITY OF THE OWNER.
8.12.1
Indebtedness incurred for any cause in connection with this WORK must be paid
by CONTRACTOR, and TOWN is hereby relieved at all times from any indebtedness or claim
other than payments under terms of the CONTRACT.
8.13
PROPERTY RIGHTS IN MATERIAL.
8.13.1
Nothing in the CONTRACT shall be construed as vesting in CONTRACTOR any
right of property in the MATERIAL used after they have been attached or affixed to the WORK
or the soil and accepted. All such MATERIALS shall become the property of TOWN upon
being so attached or affixed.
8.14
MISCELLANEOUS WORK.
8.14.1
The following items will be included in the WORK and CONTRACT SUM with
no direct payment allowed.
A.
CONTRACTOR'S expenses for, but not limited to, mobilization, job site
office, storage facilities, traffic control and public safety devices, sanitary
facilities, utilities and telephone.
B.
Cleanup, including day-to-day cleanup.
C.
Notification to residents adjacent to this PROJECT prior to start of
construction that would affect them.
D.
Water required for compaction or dust control.
E.
All items necessary for performance of the WORK.
F.
Miscellaneous removals and relocations not otherwise specified in the
technical provisions.
8.15
PROTECTION OF FINISHED OR PARTIALLY FINISHED WORK.
8.15.1
CONTRACTOR shall properly guard and protect all finished or partially finished
WORK, and shall be responsible for the same until that phase is completed and accepted by
TOWN. Estimate or partial payment of WORK so completed shall not release CONTRACTOR
from such responsibility, but he shall turn over the entire WORK in full in accordance with the
SPECIFICATIONS before final payment can be made.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-56-
8.16
ADMINISTRATIVE CLAIMS.
8.16.1
Prior to the commencement of litigation related to payment, the WORK or the
CONTRACT DOCUMENTS, CONTRACTOR shall file an Administrative Claim with TOWN.
Such Notice shall be filed within one hundred eighty (180) days of the accrual of the cause of
action. Otherwise any claim by CONTRACTOR against TOWN, its officers or employees shall
be barred.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-57-
PART IX
GENERAL CONDITIONS
COMPLETION OF WORK, LIQUIDATED DAMAGES
AND FINAL ACCEPTANCE
9.1
FAILURE TO COMPLETE WORK WITHIN TIME FOR COMPLETION AND
LIQUIDATED DAMAGES.
9.1.1
It is hereby understood and mutually agreed by and between CONTRACTOR and
TOWN, that the date of beginning, rate of progress and the time for completion of the WORK to
be done hereunder are essential conditions of this CONTRACT; and it is further mutually
understood and agreed that the WORK embraced in this CONTRACT shall be complete on or
before the dates set forth in Section 9.2 of this CONTRACT. CONTRACTOR agrees that said
WORK shall be prosecuted regularly, diligently and uninterruptedly at such rate of time he
specified. It is expressly understood and agreed, by and between CONTRACTOR and TOWN
that the time for completion of the WORK shall be in the time as identified in these
CONTRACT DOCUMENTS.
9.1.2
For each calendar day that any part of the WORK remains uncompleted after the
expiration of the time specified and/or allowed for completion of the WORK stipulated in the
CONTRACT or ordered after the CONTRACT is signed, the sum per day set forth in Section 9.2
shall be deducted from any monies due CONTRACTOR, or if no money is due CONTRACTOR,
TOWN shall have the right to recover said sum or sums from CONTRACTOR, from the Surety,
or both.
9.1.3
It shall be understood that the time to complete the PROJECT, beyond the
contractual date of completion, is in itself prima facie evidence of actual damages incurred, and
the amount of these deductions are to cover the liquidated damages caused by the loss of use, or
limited use, of the building and other additional TOWN incurred losses, or expenses, due to the
failure of CONTRACTOR to complete the WORK within the time specified.
9.1.4
The liquidated damages amounts set within Sections 9.2.1 and 9.2.2 are fixed and
agreed upon by and between CONTRACTOR and TOWN because of the impracticability and
extreme difficulty of fixing and asserting the actual damages TOWN would in such event
sustain, and said amounts are agreed to be the amount of damages which TOWN would sustain,
and said amounts may be retained from time to time by TOWN from current periodical
estimates.
9.1.5
It is further agreed that time is of the essence of each and every portion of this
CONTRACT and of the SPECIFICATIONS where a definite and certain length of time is fixed
for the performance of any act whatsoever; and where under the CONTRACT an additional time
is allowed as set forth in Section 4.24 of these CONTRACT DOCUMENTS for the completion
of any WORK, the new time limit fixed by such extension shall be of the essence of this
CONTRACT.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-58-
9.1.6
CONTRACTOR shall not be assessed with liquidated damages during any delay
in the completion of the WORK where an extension of time has been granted by TOWN
pursuant to Section 4.24.
9.2
COMPLETION/LIQUIDATED DAMAGES.
9.2.1
Final Completion: The FINAL COMPLETION Date is the date when all items of
the WORK are completely finished with no items of any scope outstanding or remaining to be
completed, and all known defective work has been corrected.
Time is of the essence and TOWN will suffer financial damages due to
CONTRACTOR'S failure to reach FINAL COMPLETION of the WORK within one hundred.
Liquidated damages of $500.00 per calendar day will be assessed to CONTRACTOR for each
day beyond that time that CONTRACTOR fails to achieve FINAL COMPLETION.
9.3
FINAL CLEANING UP.
9.3.1
At completion of the WORK and prior to final acceptance by TOWN, a thorough
cleaning of the areas affected shall be carried out by CONTRACTOR. The following list is not
inclusive, but to act as a guideline:
9.3.1.1
Removal of all paint spots, stains, rubbish, debris, tools and equipment from all
areas and broom clean. Steam clean all carpets and mop floors.
9.3.1.2
Cleaning interior and exterior of the buildings, including all windows in any area
affected by the WORK.
9.3.1.3
Brush off, broom sweep, dust and clean ledges, stairs, doors, hardware, and any
adjoining rooms or areas that were affected by the WORK.
9.3.1.4
Clear grounds and exterior paved areas and walks of all construction debris, dirt
and dust and repair any SITE areas damaged during the course of construction.
Prior to final acceptance, CONTRACTOR shall conduct an inspection of sight-exposed surfaces,
and all WORK areas, to verify that the entire WORK is clean. In the event CONTRACTOR
fails to do so, TOWN, may cause this WORK to be done at CONTRACTOR’S expense.
A.
Wash down, brush off, broom sweep, and clean all areas that were
affected by the WORK.
B.
Clear landscaped areas, paved areas, and walks of all construction debris,
dirt and dust and repair any and all damaged which occurred during the course of construction,
and post construction activities.
9.4
AS-BUILT DRAWINGS.
CONTRACTOR shall provide accurate data and field notes as construction
progresses, for preparation of the “As-Built” drawings by ENGINEER.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-59-
9.5
COMPLETION AND INSPECTION.
9.5.1
Notice of punch list inspection: When CONTRACTOR believes that the WORK
is complete, it shall request in writing a punch list inspection. Within five (5) days of the receipt
of such request, ENGINEER shall make a punch list inspection or inform CONTRACTOR that
the WORK is not ready for punch list inspection. Upon completion of the deficient WORK,
CONTRACTOR shall again request a punch list inspection. CONTRACTOR shall be present at
the punch list inspection. The purpose of the punch list inspection is to determine whether the
WORK has been completed in accordance with the CONTRACT DOCUMENTS, including all
CHANGE ORDERS and all interpretations and instructions previously issued. If
CONTRACTOR fails to attend any punch list inspection, CONTRACTOR shall be charged for
the cost of ENGINEER and other design professionals who attended the punch list inspection.
9.5.2
Punch list. ENGINEER shall notify CONTRACTOR in writing of any
deficiencies to be remedied prior to final acceptance, by preparing a written list, known in the
industry as a punch list. CONTRACTOR shall remedy all items shown on the punch list prior to
final acceptance. No one is authorized to amend the CONTRACT DOCUMENTS by use of the
punch list, which is solely for the benefit of CONTRACTOR to enable him to determine what
items must be corrected before final acceptance will be recommended by the ENGINEER.
TOWN reserves the right to require compliance with the CONTRACT DOCUMENTS,
notwithstanding the issuance of a punch list or the completion by CONTRACTOR of all items
on the punch list.
9.6
FINAL ACCEPTANCE.
9.6.1
After all WORK under the CONTRACT DOCUMENTS has been completed, as
determined by ENGINEER, including WORK found to be incomplete pursuant to Section 9.5,
ENGINEER will recommend in writing to TOWN that final acceptance of the entire WORK
under this CONTRACT be made as of the date of ENGINEER'S final inspection. TOWN will
make final acceptance in writing promptly after receiving ENGINEER'S recommendation unless
TOWN has reason to believe the WORK is not ready for final acceptance.
9.6.2
Unless otherwise specified in either Section 9.2 or under SPECIAL
CONDITIONS, no partial acceptance of any portion of the WORK will be made and no
acceptance other than the final acceptance to the overall completed PROJECT will be made. No
inspection or acceptance pertaining to specific parts of the WORK shall be construed as final
acceptance of any part until the overall final acceptance is made by TOWN.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-60-
PART X
GENERAL CONDITIONS
PAYMENTS TO CONTRACTORS
10.1
GENERAL.
10.1.1
The basis of payment for construction of a PROJECT shall be in full for all
WORK actually performed in accordance with the PLANS and SPECIFICATIONS, and shall
include all labor and MATERIALS incorporated in the completed WORK.
10.1.2
Application for payment shall be made on A.I.A. Form G-702 and G-703, May
1983 Edition entitled "Application and Certificate for Payment," (4 copies) utilizing complete
provisions provided by the form.
10.1.3
In the event of a dispute over any amounts owed, TOWN shall pay the undisputed
amount and proceed in good faith to resolve the dispute. Pending final resolution of the dispute,
CONTRACTOR shall proceed diligently with performance of the CONTRACT and TOWN
shall continue to make payments in accordance with the CONTRACT DOCUMENTS to the
extent such payments are undisputed by TOWN.
10.2
PARTIAL PAYMENT.
10.2.1
Once each month, TOWN will make a partial payment to CONTRACTOR on the
basis of a duly certified and approved estimate prepared by CONTRACTOR and accepted by
ENGINEER for WORK completed through the last day of the preceding calendar month. If
requested by the ENGINEER, CONTRACTOR shall provide supporting data substantiating its
corrections. The estimate will cover the WORK performed by CONTRACTOR during the
preceding calendar month plus the invoice cost of MATERIAL suitably stored at the site of the
PROJECT if CONTRACTOR desires payment for MATERIAL stored. Until final completion
and final acceptance, retainage from progress payments to CONTRACTOR shall be ten percent
(10%) of each payment. After the CONTRACT is fifty percent (50%) complete, however, one-
half of the amount retained shall be paid to CONTRACTOR and the remaining retention shall be
five percent (5%) of each payment provided CONTRACTOR is making satisfactory progress on
the PROJECT as determined by TOWN; otherwise, retention shall remain at ten percent (10%).
The partial payment shall be paid on or before fourteen (14) DAYS after the certified and
approved estimate of the WORK is received by TOWN.
10.2.2
Cost of MATERIAL stored will be based on vendors' invoices that shall be listed
by CONTRACTOR. A copy of each such invoice shall accompany the first estimate in which
payment is requested for MATERIAL covered by the invoice. This list shall be revised and
brought up-to-date by CONTRACTOR for each estimate. The revised list shall show the total
amount of each invoice, the invoice amount that has been incorporated in the WORK, and the
remaining invoice amount that is stored for which payment is required that month. Only those
MATERIALS that will become an integral part of the final completed PROJECT may be
included for partial payment as MATERIAL stored. Partial payments for jobsite delivered
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-61-
material or equipment will in no way reduce CONTRACTOR'S responsibility for such
MATERIAL or equipment until it has been installed.
10.2.3
Schedule of Values: Not later than seven (7) days before the first Application for
Payment, CONTRACTOR shall submit to ENGINEER a schedule of values reflecting, as nearly
as reasonably possible, the actual values of the various components of the WORK.
CONTRACTOR shall provide separate line items for CONTRACTOR’S overhead and profit,
supervision, insurance, bonds, allowances, and taxes. CONTRACTOR shall prepare the
Schedule of Values on a form essentially equal to AIA Document G702/G703. If requested by
ENGINEER, CONTRACTOR shall provide supporting data substantiating its correctness.
10.2.4
No partial payment shall be made until updated As-Built drawings are reviewed
and approved by the ENGINEER, through the date for which partial payment is requested,
reviewed, and determined to reflect actual WORK in place.
10.3
PAYMENT OF ITEMS IN BID.
10.3.1
Only those items listed in the Bid are paid items.
10.3.2
Compensation for all WORK necessary for the completion of the PROJECT shall
be included by the BIDDER in the price bid for the items shown in the Bid.
10.4
PAYMENT FOR "EXTRA WORK" AND FOR "CHANGES IN THE WORK".
10.4.1
Payment for changes in the WORK and for claims for extra WORK will be made
as stated in Part VI of these GENERAL CONDITIONS.
10.5
ASSIGNMENT OF PAYMENTS.
10.5.1
Claims for monies due or to become due CONTRACTOR may be assigned to a
bank, trust company, or other financial institution, and may thereafter be further assigned and
reassigned to any such institution. Any such assignment or reassignment may be made to one (1)
party as agent or trustee for two (2) or more parties participating in such financing.
10.5.2
No assignment by CONTRACTOR of any CONTRACT to be entered into
hereunder, or of any part thereof, or of funds to be received thereunder by CONTRACTOR will
be recognized by TOWN unless such assignment has had prior consent of TOWN and the surety
has been given notice of such assignment in writing and has consented thereto in writing.
10.6
FINAL PAYMENT AND CONTRACT CLOSEOUT.
10.6.1
When CONTRACTOR determines that the CONTRACT is complete and all
items on the punch list have been satisfied, or contends that such items are not required by the
CONTRACT DOCUMENTS, CONTRACTOR shall submit a request for final payment. No
final payment shall be made until all WORK has been finally accepted.
10.6.2
Simultaneously with CONTRACTOR’S request for final payment,
CONTRACTOR shall submit the following items to ENGINEER:
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Form 11.03
Construction Services Contract
Revised January 11, 2024
-62-
A.
Record drawings and As-built drawings.
B.
Warranties.
C.
Three sets of documentation completely covering the operation and
maintenance of the mechanical and electrical installation and all other equipment required by the
SPECIAL CONDITIONS to be furnished with such manuals. The documentation shall include
charts, diagrams, performance curves, catalog information, lubrication manuals, and details
pertaining to the functioning of various items of equipment. The documentation shall be divided
logically into “systems” on the basis of operation, without respect to trades, subcontractors or
arbitrary specifications sections. The relationship of the “systems” shall be clearly and concisely
detailed.
10.6.2.4
Other items required by the SPECIAL CONDITIONS.
10.6.3
Upon receipt of the submittals required in Section 10.6.2, ENGINEER shall
prepare a written estimate of the sum due to CONTRACTOR. This estimate shall take into
account the CONTRACT SUM, as adjusted by any CHANGE ORDERS, amounts already paid,
and sums to be retained for incomplete WORK, liquidated damages, and for any other cause
under the CONTRACT DOCUMENTS. ENGINEER shall prepare a statement of final
inspection, stating that the work has been given a final inspection, that CONTRACTOR has
submitted the required documents, setting forth with detail any deviations in the WORK as
completed from the CONTRACT DOCUMENTS, and estimating the cost of correction of such
deviations. ENGINEER’S statement shall be transmitted to TOWN along with
CONTRACTOR’S request for final payment. ENGINEER shall provide a copy of the statement
of final inspection and ENGINEER’S estimate of the sum due to CONTRACTOR.
10.6.4
If CONTRACTOR contests the estimate of sums due prepared by ENGINEER,
within seven (7) days following delivery to CONTRACTOR of ENGINEER’s estimate of the
sum due, CONTRACTOR shall file its protest in writing with TOWN Clerk, setting forth in
detail all grounds alleged by him to justify an adjustment to ENGINEER’s final estimate.
Failure to file a protest within the seven (7) days specified above shall constitute a waiver and
acceptance by CONTRACTOR of ENGINEER’s estimate.
10.6.5
Neither acceptance of, nor payment for, the WORK or any part thereof, nor any
extension of time, nor any possession taken by TOWN shall operate as a waiver of any of the
provisions of the CONTRACT DOCUMENTS, nor shall a waiver of any breach of the contract
be held to be a waiver of any other or subsequent breach. Acceptance by TOWN shall not be
deemed an acceptance of latent defects, nor shall it constitute a waiver of any of the provisions of
the CONTRACT DOCUMENTS.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
A-1
BID FORM
FOR:
TOWN OF WICKENBURG
155 Tegner, Suite A
Wickenburg, Arizona 85390
Bid of ____________________________________________________,
CONTRACTOR'S License No. _____________________________
A corporation organized and existing under the laws of the State of ___________;
or a partnership consisting of _________________________________, partners; or an individual
conducting business as hereinafter called the BIDDER.
TO:
THE HONORABLE MAYOR AND COUNCIL
TOWN of Wickenburg
155 N. Tegner, Suite A
Wickenburg, Arizona 85390
The undersigned acknowledges that he has received and familiarized himself with
the following:
CONTRACT DOCUMENTS
PROJECT MANUAL AND DETAILS
DRAWINGS
ADDENDA No. ____ dated _______; No. ____ dated _______
No. ____ dated _______; No. ____ dated _______
No. ____ dated _______; No. ____ dated _______
The undersigned further acknowledges that he has visited the site and has
familiarized himself with local conditions affecting the cost of the WORK at the place where the
WORK is to be done. The undersigned further acknowledges that if his bid is accepted, he shall
be bound by the terms of the CONTRACT DOCUMENTS.
In submitting this Bid, the undersigned agrees:
1.
To furnish all material, labor, tools, expendable and construction
equipment, and all utility and transportation services necessary to furnish and install, in a
workmanlike manner, all WORK at the PROJECT listed herein in strict conformity with the
Construction Documents prepared by GHD Inc. for the consideration hereinafter set forth.
2.
To hold his Bid open for not less than one hundred ninety days (90)
DAYS after the receipt of Bids and to accept the provisions of the instructions to BIDDERS
regarding disposition of BID SECURITY.
3.
To enter into and execute a CONTRACT if awarded on the basis of this
Bid within ten (10) days after AWARD of the Bid, and to furnish a PERFORMANCE BOND, a
Labor & Material PAYMENT BOND and certificates of insurance in accord with the General
Conditions and General Requirements of this CONTRACT and to deliver executed Bonds and
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
A-2
Insurance Certificates to TOWN'S representative within ten (10) DAYS following the issuance
of the NOTICE OF AWARD.
4.
To utilize the subcontractors and suppliers attached to this Bid Form
unless authorized by the Town to substitute another subcontractor or supplier.
5.
To achieve final completion within the time period stated in the
CONTRACT DOCUMENTS taken from the date of NOTICE TO PROCEED or the date
otherwise established for the commencement of WORK.
6.
The undersigned agrees that time is of the essence and TOWN will suffer
financial damages due to CONTRACTOR'S failure to complete the WORK within the
CONTRACT TIME. The liquidated damages shall be as follows for each calendar day beyond
the CONTRACT TIME for which CONTRACTOR shall fail to complete the WORK:
Final completion - $500.00 per calendar day
7.
The undersigned has attached the required BID SECURITY and other
items required in the Instructions to BIDDERS. The BID SECURITY shall become the property
of TOWN of Wickenburg, Arizona, as liquidated damages for the delay and additional WORK
caused thereby in the event the CONTRACT and Bonds are not executed within the time set
forth above.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
A-3
NAME OF BIDDER:
TOWN OF WICKENBURG
BID SCHEDULE
1. Project Management and Coordination
2. Initial Site Work - Preparation
A. Site Clearing
B. Subgrade Preparation
C. Trenching and Backfilling
D. Excavation and Fill
E. Compaction
3. Biological Treatment Upgrades
A. Pipes and Fittings
B. Rotary Screens
C. Concrete Slab
D. Anoxic Mixer
E. WAS Pump Station
F. Blower
G. Shade Structure
H. Valve Vaults
I.
Pipe Supports
J. Valves, Couplings and Flanged Connections
K. Installation
L. Electrical
4. Quality Control and Testing
5. Construction Startup, Programming, Demonstration and Commissioning
6. Mobilization and Demobilization
7. Construction Survey
8. Construction Startup, Programming, Demonstration and Commissioning
9. As Builts
10. O&M Manuals
11. Record Drawings
12. Contractor Startup and Commissioning
13. Record Documents
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
A-4
14. Subtotal
15. Subtotal non-taxable
16. Subtotal taxable
17. Estimated tax for taxable components
18. Allowance for all additional required work to successfully
construct and commission the project
19. TOTAL BID PRICE LUMP SUM (Items 1-18 Inclusive)
Total in Numbers __________________________
Total in Words _________________________________________________
$
QUANTITIES. Each Bidder will determine their own quantities. This bid will result in a
lump sum contract.
PRICING. This is a lump sum contract and the contract price will remain in effect until
the contract is complete. Unit prices are used for pricing change orders only. The
Contractor shall specify the length of time through which unit prices will remain in effect. If
the contract is not issued prior to the unit price expiration date, the Owner shall have the
option of:
1) negotiating a unit price time extension;
2) negotiating revised unit prices based upon verifiable suppliers' increases or
decreases;
3) re-bidding the work.
Once the contract has been issued, the unit prices will remain in effect until the contract is
complete.
In submitting this Bid, it is understood that the right to reject any and all Bids and to waive
irregularities in the Bidding has been reserved by TOWN.
The undersigned hereby certifies that the information submitted herewith, including any
attachment, is true to the best of his knowledge and belief.
Dated this _____ day of ______________________, 20__.
__________________________________
Name of BIDDER (Company)
__________________________________
Address of BIDDER
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
A-5
__________________________________
City, State, Zip Code
__________________________________
Area Code/Telephone Number
__________________________________
Authorized Officer/Title
__________________________________
Authorized Officer Signature
(I) (We), the undersigned (Corporate Secretary) (Partners), hereby certify that the
above-named Officer is hereby authorized to execute all documents relative to this bid and the
administration of this bid for and on behalf of the Company named above.
_______________________________ or
Corporate Secretary (signature)
__________________________________
Partner Signature
__________________________________
Partner Signature
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
A-6
LIST OF SUBCONTRACTORS AND SUPPLIERS
(TO BE SUBMITTED IF REQUESTED BY TOWN AFTER BID OPENING)
To enable the TOWN to evaluate the BIDDER’s qualifications to perform the WORK, as
provided in the Instructions to BIDDERS, the BIDDER shall nominate subcontractors,
manufacturers, suppliers, persons, firms and corporations (including those who are to furnish the
principal items of material and equipment) to whom the BIDDER intends to award a Subcontract
greater than or equal to one percent (1%) of the Bid amount. If the BIDDER intends to self-
perform a classification of WORK for which a specialty contractor’s license is required, the
BIDDER shall nominate itself in the spaces provided for that purpose, and the BIDDER shall
furnish the BIDDER’S contractor’s license number(s) for that classification. For each nominated
subcontractor, manufacturer, supplier, person, firm and corporation, the BIDDER shall enter, if
available, the nominee’s telephone number and required licensing information. Failure to
provide this information if requested by TOWN will be just cause for TOWN to declare the
BIDDER’S Bid non-responsive.
WORK TO BE
NOMINEE
CLASSIFICATION &
PERCENT OF
PERFORMED
LICENSE NUMBER
BASE BID
1.
2.
3.
4.
5.
EQUIPMENT/MATERIAL SUPPLIER
1.
2.
3.
4.
5.
Submitted by:___________________________________________________________
(Bidder)
Signed By: _____________________________________________________________
Name and Title:_________________________________________________________
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
A-7
COPY(s) OF BIDDER’S STATE OF ARIZONA CONTRACTOR’S LICENSE(S)
Attach copy of required license(s)
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
B-1
BID BOND
(Surety Bond)
KNOW ALL MEN BY THESE PRESENTS:
That we, ____________________________________________, (hereinafter
"Principal"), and the ___________________________________________, a corporation duly
organized under the laws of the State of ______________, duly licensed in and holding a
certificate of authority to transact surety business in the State of Arizona issued by the Director
of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, (hereinafter "Surety"),
as Surety, are held and firmly bound unto TOWN of Wickenburg, a municipal corporation as
Obligee, in the sum of ten percent (10%) of the amount of the bid included in the proposal,
submitted by the Principal to the Mayor and Council of TOWN of Wickenburg, for the WORK
described below, for the payment of which sum, well and truly to be made, the said Principal and
the said Surety, bind ourselves, our heirs, executors, and administrators, successors and assigns,
jointly and severally, firmly by these presents, and in conformance with A.R.S. § 34-201.
WHEREAS, the Principal is herewith submitting its Bid for
______________________________________________________________________________
_______________.
NOW, THEREFORE, if TOWN of Wickenburg shall accept the Proposal of the
Principal and the Principal shall enter into a CONTRACT with TOWN of Wickenburg, in
accordance with the terms of such proposal and give the Bonds and Certificates of Insurance as
specified in the SPECIFICATIONS with good and sufficient surety for the faithful performance
of the CONTRACT and for the prompt payment of labor and material furnished in the
prosecution of the CONTRACT, or in the event of the failure of the Principal to enter into the
CONTRACT and give the Bonds and Certificates of Insurance, if the Principal pays to TOWN of
Wickenburg the difference not to exceed the penalty of the bond between the amount specified in
the Proposal and such larger amount for which TOWN of Wickenburg may in good faith
CONTRACT with another party to perform the WORK covered by the Proposal, then this
obligation is void. Otherwise it remains in full force and effect provided, however, that this
Bond is executed pursuant to the provisions of Section 34-201, Arizona Revised Statutes, and all
liabilities on this Bond shall be determined in accordance with the provisions of the Section to
the extent as if it were copied at length herein.
This Surety Bond shall not be executed by an individual surety or sureties, even if
the requirements of A.R.S. § 7-101 are satisfied.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
B-2
Signed and sealed this _____ day of _________________, 20____.
__________________________________
Principal
__________________________________
Title
Witness:
__________________________
__________________________________
Surety
__________________________________
Witness:
Title
__________________________
Address of Surety:
___________________________________
___________________________________
* Attach Power of Attorney
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No.11.03
Revised November 24, 2013
C-1
AFFIDAVIT BY CONTRACTOR
CERTIFYING THAT THERE WAS
NO COLLUSION IN BIDDING FOR CONTRACT
STATE OF ARIZONA
)
) ss.
TOWN of Wickenburg
)
(Name of Individual)
BEING DULY SWORN, DEPOSES AND SAYS:
That she/he is of .
(Title)
(Name of Business)
That pursuant to Section 34-253 of the Arizona Revised Statutes, he certifies as follows:
That neither he nor anyone associated with the said
(Name of Business)
Has directly, or indirectly entered into any agreement, participated in any collusion or otherwise
taken any action in restraint of free competitive bidding in connection with this PROJECT.
AND FURTHER that Contractor has not expended nor will expend any money to influence any
member of the Town Council of the Town of Wickenburg, a Town department or a Town
employee in connection with the award of this Contract.
___________________________________
(Signature)
___________________________________
(Title)
___________________________________
(Name of Business)
SUBSCRIBED AND SWORN TO BEFORE ME this _____ day of
______________, 20_____.
___________________________________
Notary Public
My commission expires:
_________________________
Project Name: SWWTP
Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
D-1
BIDDERS’ QUESTIONAIRE
[To Be Submitted With Bid]
BIDDER’S RESPONSIBILITY
SUPPLEMENTAL EVALUATION CRITERIA
Organizational Information
BIDDER:___________________________________________
(Bidder’s name)
Submitted by:
Name of Organization:
____________________________________________
Name of Individual:
____________________________________________
Title:
____________________________________________
Address:
__________________________________________________
__________________________________________________
__________________________________________________
Telephone:
(____)_____________________________________________
Bidder’s General Business Information
Check If: [ ] Corporation [ ] Partnership [ ] Joint Venture [ ] Sole Proprietorship
If Corporation:
a.
Date and State of Incorporation:
_____________________________________________________________
_____________________________________________________________
b.
List of Executive Officers:
Name
Title
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Project Name: SWWTP
Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
D-2
_____________________________________________________________
_____________________________________________________________
If Partnership:
a.
Date and State of Organization:
_____________________________________________________________
_____________________________________________________________
b.
List of Current General Partners:
Name
Title
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
c.
Type of Partnership:
[ ] General [ ] Publicly Traded [ ] Limited
[ ] Other (describe): ____________________________________________
If Joint Venture:
a.
Date and State of Organization:
_____________________________________________________________
_____________________________________________________________
b.
Name and Address of Owner or Owners:
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Is your organization a member of a controlled group of corporations as defined in IRC
Sec. 1563? [ ] Yes [ ] No
Project Name: SWWTP
Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
D-3
If yes, show names and addresses of affiliated companies:
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Furnish the following information with respect to an accredited banking institution
familiar with your organization:
Name of Bank:
________________________________________________
Address:
________________________________________________
________________________________________________
Account Manager:
________________________________________________
Telephone Number: (____)__________________________________________
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
D-4
Similar Projects
(Use Separate Sheets as needed)
Provide information for at least TWO (2) similar projects successfully completed within the
last FIVE (5) years. (See Section 1.1.2.)
BIDDER:___________________________________________
(Bidder’s name)
a.
Name of Similar Project #1: __________________________________________
b.
Contracting Party (Owner):
Name:______________________________________________________
Address:____________________________________________________
Telephone Number: (_____) _________________
c.
If Joint Venture, names of each participant:
___________________________________________________________
___________________________________________________________
___________________________________________________________
d.
Contract Price:______________________________
e.
Description of Similar Project #1:______________________________________
__________________________________________________________________
(Briefly describe here, and attach a copy of the description in the Contract. Technical
specifications may be requested by TOWN.)
f.
Construction Manager(s) during the Similar Project #1:
Name:______________________________________________________
Address:____________________________________________________
Telephone Number: (_____) _________________
g.
Start date (notice to proceed issued):____________________________________
h.
Completion date provided for in the Contract:____
i.
Substantial completion date (approved by Owner):_________________________
j.
Reasons why work was completed early, or why delays occurred:
_________________________________________________________________
_________________________________________________________________
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
D-5
k.
Final price paid by Owner for the Similar Project #1:_______________________
l.
If final price was 10% less or more than the original Contract Price, describe why:
_________________________________________________________________
__________________________________________________________
m.
Describe any large cost over-runs (claims in excess of $__________) disputed or
contested by the Owner, the reasons for dispute, and ultimate resolution of the dispute:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
n.
Did Owner file a lawsuit against Bidder concerning performance?
Yes _____ No _____ If so, what was the result? __________________________
__________________________________________________________________
__________________________________________________________________
o.
Following final payment on the Similar Project, has Bidder voluntarily or otherwise
provided any additional work or repairs, or made any payments to the Owner to cure
defects or fulfill warranties made to the Owner concerning the quality of the
performance/or the work involved in the Similar Project? Describe:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
p.
Has your company undergone a major change in ownership, management, size, or
expertise since the time of this Similar Project? Yes_____ No_____ Describe:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
All answers should be complete and informative. Attach additional sheets if needed
to give a full answer. TOWN may, at its discretion, request Bidder to provide additional
information concerning this Similar Project as part of its evaluation of the responsibility of
the Bidder prior to award of the Contract.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
D-6
Similar Projects
(Use Separate Sheets as needed)
Similar Project #2
BIDDER:___________________________________________
(Bidder’s name)
a.
Name of Similar Project #2: __________________________________________
b.
Contracting Party (Owner):
Name:______________________________________________________
Address:____________________________________________________
Telephone Number: (_____) _________________
c.
If Joint Venture, names of each participant:
___________________________________________________________
___________________________________________________________
___________________________________________________________
d.
Contract Price:______________________________
e.
Description of Similar Project #2:______________________________________
__________________________________________________________________
(Briefly describe here, and attach a copy of the description in the Contract. Technical
specifications may be requested by TOWN.)
f.
Construction Manager(s) during the Similar Project #2:
Name:______________________________________________________
Address:____________________________________________________
Telephone Number: (_____) _________________
g.
Start date (notice to proceed issued):____________________________________
h.
Completion date provided for in the Contract:____
i.
Substantial completion date (approved by Owner):_________________________
j.
Reasons why work was completed early, or why delays occurred:
_________________________________________________________________
_________________________________________________________________
k.
Final price paid by Owner for the Similar Project #2:_______________________
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
D-7
l.
If final price was 10% less or more than the original Contract Price, describe why:
_________________________________________________________________
__________________________________________________________
m.
Describe any large cost over-runs (claims in excess of $__________) disputed or
contested by the Owner, the reasons for dispute, and ultimate resolution of the dispute:
_________________________________________________________________
_________________________________________________________________
n.
Did Owner file a lawsuit against Bidder concerning performance?
Yes _____ No _____ If so, what was the result? __________________________
__________________________________________________________________
o.
Following final payment on the Similar Project, has Bidder voluntarily or otherwise
provided any additional work or repairs, or made any payments to the Owner to cure
defects or fulfill warranties made to the Owner concerning the quality of the
performance/or the work involved in the Similar Project? Describe:
__________________________________________________________________
__________________________________________________________________
p.
Has your company undergone a major change in ownership, management, size, or
expertise since the time of this Similar Project? Yes_____ No_____ Describe:
_________________________________________________________________
_________________________________________________________________
All answers should be complete and informative. Attach additional sheets if needed
to give a full answer. TOWN may, at its discretion, request Bidder to provide additional
information concerning this Similar Project as part of its evaluation of the responsibility of
the Bidder prior to award of the Contract
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
D-8
Personnel/Subcontractor Qualifications
BIDDER:_______________________________________
(Bidder’s name)
a.
List details of the construction experience of the Key Personnel (as defined in Paragraph
1.1.2 of the Contract Documents) directly involved in construction activities:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
b.
Does Bidder have an adequate workforce to complete the Work if awarded the Contract?
Describe, including general types of work performed with your own work force:
________________________________________________________
__________________________________________________________________
c.
What additional personnel may need to be hired by Bidder as employees, if awarded the
Contract?
_________________________________________________________________
_________________________________________________________________
d.
What other major projects is Bidder currently under contract to perform? (Describe the
projects, completion dates)
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
e.
Are subcontractors proposed by Bidder ready, willing, and able to perform the work?
Yes_____ No_____. (Town may request additional information concerning
subcontractors’ past performance, personnel, equipment, licenses, and other pending
projects)
f.
If proposed subcontractors are not available, how does Bidder propose to replace the
subcontractors? _________________________________________________
g.
If Bidder requires additional or replacement personnel and/or subcontractors to complete
the Work, and there is a labor shortage due to high volume of construction occurring in
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
D-9
the Phoenix metropolitan area, is Bidder able to complete the Work on time, as required
by the Contract Documents? Yes_____ No_____. Please describe. (TOWN does not
consider mere labor shortage to qualify as force majeure.)
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
h.
Has any corporate officer, partner, joint venture participant or proprietor ever failed to
complete a construction contract awarded to him or her in their own name or when acting
as a principal of another organization? Yes_______ No ______. If yes, describe
circumstances: ________________________________
__________________________________________________________________
__________________________________________________________________
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
D-10
Equipment
BIDDER:_______________________________________
(Bidder’s name)
a.
Does Bidder own equipment necessary to complete the work if awarded the Contract?
Explain: ________________________________________________
________________________________________________________________
________________________________________________________________
b.
Will any equipment need to be rented or leased by Bidder? Explain: ________
________________________________________________________________
________________________________________________________________
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
E-1
NOTICE OF AWARD
[Insert Current Date]
[Insert CONTRACTOR'S Name and Address]
As the authorized representative for TOWN of Wickenburg, I am pleased to
notify you that _______________________ has been awarded a CONTRACT for the PROJECT
entitled ______________________________________________________ in accordance with
the CONTRACT DOCUMENTS for the amount of $ _________________________________
as specified in your Bid. Enclosed are _______ copies of the CONTRACT DOCUMENTS for
your completion. Please execute and return all copies of the CONTRACT DOCUMENTS
including the Bond(s), Power of Attorney and Certificates of Insurance to this office on or before
__________________________________. One fully executed copy will then be returned to you
for your records.
Be advised that a pre-construction conference has been scheduled for _______
______________________________ at _________ __.m. It is requested that you and/or your
representative be in attendance. Please bring a current list of your SUBCONTRACTORS and a
copy of your revised progress schedule, if any.
Thank you and we look forward to a good working relationship.
Respectfully,
__________________________________
[INSERT NAME AND ADDRESS OF
MUNICIPAL REPRESENTATIVE]
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
F-1
CONTRACT
THIS AGREEMENT, made and entered into this _____ day of ______________,
20_____, by and between TOWN of Wickenburg, Arizona, a municipal corporation organized
and existing under and by virtue of the laws of the State of Arizona, hereinafter designated the
"TOWN" and __________________________, a ____________ corporation, hereinafter
designated the "CONTRACTOR."
In consideration of the mutual covenants made herein the parties agree as follows:
1.
CONTRACTOR has covenanted and agreed, for and in consideration of
the payments made to CONTRACTOR by TOWN provided for in the CONTRACT
DOCUMENTS for the PROJECT described below, and under the penalty expressed in the bonds
required by such CONTRACT DOCUMENTS at his proper cost and expense to do all the
WORK and furnish all MATERIALS, tools, labor and all appliances and appurtenances called
for by the CONTRACT and all CONTRACT DOCUMENTS free from all claims, liens and
charges whatsoever, in the manner, and for the conditions hereinafter specified, that are
necessary for the construction of:
PROJECT – Bid 24-03 SWWTP Intensification Project
2.
The WORK done and MATERIALS and equipment furnished shall be
strictly pursuant to and in conformity with the SPECIFICATIONS and PLANS.
3.
The Notice and Call for Bids, Information for BIDDERS and Bidding
Requirements, General Conditions, SPECIAL CONDITIONS, ENGINEER’S INSTRUCTION
BULLETINS, Bid, PERFORMANCE and PAYMENT BONDS, Affidavits, Authorized
Signature Form, PLANS, Addenda and CHANGE ORDERS are incorporated herein and made
hereby understood to be a part of this CONTRACT as though set forth in full.
4.
This Agreement shall inure to the benefit of, and shall be binding upon
TOWN and CONTRACTOR and their respective successors and assigns.
5.
This Agreement may not be amended or any of its terms modified without
the written consent of TOWN and CONTRACTOR.
6.
This Agreement may be executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
7.
This Agreement shall be governed by and construed in accordance with
the laws of the State of Arizona.
8.
CONTRACTOR shall complete all WORK required within 120 DAYS
beginning with the day following the starting date specified in the NOTICE TO PROCEED as
more fully set forth in Sections 9.2.1 and 9.2.2 of the CONTRACT DOCUMENTS. Upon
failure to complete the WORK within the time specified, CONTRACTOR shall pay the amount
of $500.00 per calendar day for each day the WORK is not finally complete, as the terms are
more fully described in Sections 9.7.1 and 9.7.2 of the CONTRACT DOCUMENTS as and for
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
F-2
liquidated damages incurred by TOWN for failure to complete the WORK within the specified
time.
9.
CONTRACTOR agrees he is an independent contractor and not an agent
or employee of TOWN. CONTRACTOR shall supervise and direct the WORK to be done,
using his best skill and attention. CONTRACTOR shall be solely responsible for all
construction means, methods, techniques, sequences, procedures and for coordinating all
portions of the WORK, required by the CONTRACT DOCUMENTS. CONTRACTOR shall be
responsible to TOWN for the acts and omissions of his employees, SUBCONTRACTORS and
their agents and employees, and other persons performing any of the WORK under any
CONTRACT DOCUMENTS.
10.
Should litigation be necessary to enforce any term or provision of this
CONTRACT, or to collect any damages claimed or portion of the amount payable under this
CONTRACT, then all litigation and collection expenses, witness fees, court costs, and attorney's
fees shall be paid to the prevailing party. Nothing herein shall preclude non-binding arbitration
if they so elect in the event of a dispute hereunder.
11.
Under Section 38-511, Arizona Revised Statutes, as amended, TOWN
may cancel any CONTRACT it is a party to within three years after its execution and without
penalty or further obligation, if any person significantly involved in initiating, negotiating,
securing, drafting or creating the CONTRACT on behalf of TOWN is, at any time while the
CONTRACT or any extension thereof is in effect, an employee or agent of any other party to the
CONTRACT in any capacity or a consultant to any other party to the CONTRACT with respect
to the subject matter of the CONTRACT. In the event TOWN elects to exercise its rights under
Section 38-511, Arizona Revised Statutes, as amended, TOWN agrees to immediately give
notice thereof to CONTRACTOR.
12.
All notices and demands required or permitted by this CONTRACT shall
be in writing and shall be deemed to have been given or properly served when (1) sent by
Certified Mail (postage fully prepaid) to the respective address below or to such other address as
may be furnished by either party pursuant to this Section; (2) delivered personally to the
authorized representative of the parties to this CONTRACT; or (3) if given by facsimile, when
addressed and transmitted to the respective facsimile number as specified below or to such other
address or facsimile number as may be furnished by either party to the other pursuant to this
Section, and the appropriate confirmation of transmittal is received. Any party giving notice or
demand by facsimile immediately shall send the other party a copy of such notice or demand by
Certified Mail (postage fully prepaid) to the respective address below or to such other address as
may be furnished by either party pursuant to this Section.
13.
China. Pursuant to and in compliance with A.R.S. § 35-394,
CONTRACTOR hereby agrees and certifies that it does not currently, and agrees for the duration
of this Agreement that CONTRACTOR will not, use: (i) the forced labor of ethnic Uyghurs in
the People’s Republic of China; (ii) any goods or services produced by the forced labor of ethnic
Uyghurs in the People’s Republic of China; or (iii) any contractors, subcontractors or suppliers
that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs
in the People’s Republic of China. CONTRACTOR also hereby agrees to indemnify and hold
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
F-3
harmless the WICKENBURG, its officials, employees, and agents from any claims or causes of
action relating to the WICKENBURG’s action based upon reliance upon this representation,
including the payment of all costs and attorney fees incurred by the WICKENBURG in
defending such as action.
14. Israel. To the extent A.R.S. § 35-393 through § 35-393.03 are applicable,
CONTRACTOR hereby certifies that it is not currently engaged in and agree for the duration of
this Agreement to not engage in, a boycott of goods or services from Israel, as that term is
defined in A.R.S. § 35-393.
Notices to CONTRACTOR:
Notices to TOWN:
Town Manager
Town of Wickenburg
155 N. Tegner, Suite A
Wickenburg, Arizona 85390
FAX No.
Telephone No.
Email:
15.
No amendment or waiver of any provision of these CONTRACT
DOCUMENTS nor consent to any departure by TOWN shall be effective unless the same shall
be in writing and signed by TOWN. Such waiver or consent shall be effective only in the
specific instance and for the specific purpose for which it is given.
16.
No waiver by TOWN of any default or breach by CONTRACTOR shall
be deemed to be or constitute a waiver of any other or subsequent default or breach. TOWN
expressly reserves and shall have all rights and remedies available to it under the provisions of
the CONTRACT DOCUMENTS.
17.
The CONTRACT amount shall be as set forth in CONTRACTOR'S Bid,
______________________________________________________________________________
_________________________________________, and any additional amounts agreed to
pursuant to valid CHANGE ORDER, approved by TOWN.
[Signatures on Next Page]
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
F-4
IN WITNESS WHEREOF, ___________ identical and counterparts of this
CONTRACT, each of them that shall for all purposes be deemed an original thereof, have been
duly executed by the parties hereinabove named, on the date and year first herein written.
TOWN OF WICKENBURG, ARIZONA
By ___________________________
Title ________________________
ATTEST:
_________________________________
Amy Brown, Town Clerk
APPROVED AS TO FORM:
__________________________________
Trish Stuhan, Town Attorney
Pierce Coleman PLLC
WITNESSES:
CONTRACTOR
______________________________
By ___________________________
Title __________________________
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
G-1
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
TOWN OF WICKENBURG, ARIZONA
AUTHORIZED SIGNATURE FORM
WHEREAS, _____________________, an ___________ corporation, is required
to execute certain documents which are necessary for the prompt and efficient execution of the
corporate business;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the
that
(Corporate Name) (Name of Parties Authorized)
is/are authorized to execute and sign on behalf of said corporation/company the following
documents:
1. The CONTRACT
5. CHANGE ORDERS
2. The Bond
6. All other papers necessary
3. Payrolls
for the conduct of the corporation’s
4. Claims
affairs and the execution of the
CONTRACT
The above-named person(s) is/are granted the authority and duties herein
referenced for the duration of the CONTRACT for this PROJECT or until express notice of
revocation has been duly given in writing, whichever is the lesser period.
DATED and passed by the Board of Directors this ____ day of _____________,
20____.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
(Signature of Persons Authorized to Sign)
(Title)
(Document No.)
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
G-2
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
CERTIFICATE
STATE OF _____________ )
) ss.
County of ______________ )
I, ___________________ of the ______________________, a corporation, do
hereby certify that the above is a true and correct copy of a resolution adopted by the Board of
Directors of said corporation, at a meeting of said Board held on ______________, 20_____, and
that the same is in full force and effect at this time.
DATED _________________________________, 20____
___________________________________
(Officer of Corporation)
(Seal of Corporation)
STATE OF _____________ )
) ss.
County of ______________ )
This instrument was acknowledged before me this _____ day of ____________,
20____ by ___________________________________, appearing before the undersigned Notary
Public, and stated that he executed such instrument on behalf of said corporation for the purpose
and consideration therein expressed.
___________________________________
Notary Public
My Commission Expires:
_____________________
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
H-1
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
[PERFORMANCE BOND]
STATUTORY PERFORMANCE BOND PURSUANT TO
TITLE 34, CHAPTER 2, ARTICLE 2,
OF THE ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the CONTRACT amount)
KNOW ALL MEN BY THESE PRESENTS:
That, ________________________________________________ (hereinafter
"Principal"), and ___________________________________________, a corporation organized
and existing under the laws of the State of ________________, duly licensed in and holding a
certificate of authority to transact surety business in the State of Arizona issued by the Director
of the department of Insurance pursuant to Title 20, Chapter 2, Article 1, (hereinafter "Surety"),
as Surety are held and firmly bound unto TOWN of Wickenburg, County of Maricopa, State of
Arizona in the amount of _____________________________________ Dollars
($______________), for the payment of which, the Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has entered into a certain written CONTRACT with
TOWN of Wickenburg, entitled __________________________________________.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms,
conditions and agreements of the CONTRACT during the original term of the CONTRACT and
any extension of the CONTRACT with or without notice to the Surety, and during the life of the
guaranty required under the CONTRACT, and also performs and fulfills all of the undertakings,
covenants, terms, conditions and agreements of all duly authorized modifications of the
CONTRACT that may hereinafter be made, notice of which modifications to the Surety being
hereby waived, the above obligation is void. Otherwise it remains in full force and effect.
PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions
of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, and all liabilities on this Bond shall
be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona
Revised Statutes, to the extent as if it were copied at length in this Agreement.
The prevailing party in a suit on this Bond shall recover as part of the judgment
reasonable attorney fees that may be fixed by a judge of the court.
This Bond shall not be executed by an individual surety or sureties, even if the
requirements of A.R.S. Section 7-101 are satisfied.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
H-2
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
Witness our hands this _____ day of _________________, 20___.
__________________________________
PRINCIPAL
SEAL
By_________________________________
____________________________________
SURETY
SEAL
By _________________________________
Address of Surety:
____________________________________
____________________________________
____________________________________
AGENT OF RECORD
____________________________________
AGENT ADDRESS
* Attach Power of Attorney
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
I-1
[LABOR AND MATERIALS BOND]
STATUTORY PAYMENT BOND PURSUANT TO
TITLE 34, CHAPTER 2, ARTICLE 2,
OF THE ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the CONTRACT amount)
KNOW ALL MEN BY THESE PRESENTS:
That, ________________________________________________ (hereinafter
"Principal"), as Principal and ________________________________________, a corporation
organized and existing under the laws of the State of ________________, duly licensed in and
holding a certificate of authority to transact surety business in the State of Arizona issued by the
Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, (hereinafter
"Surety"), as Surety are held and firmly bound unto TOWN of Wickenburg, County of
Maricopa, State of Arizona in the amount of ____________________________________
Dollars ($______________), for the payment of which the Principal and Surety bind themselves,
and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has entered into a certain written CONTRACT with
TOWN of Wickenburg, entitled
_____________________________________________________.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the Principal promptly pays all monies due to all persons supplying labor or MATERIALS
to the Principal or the Principal's SUBCONTRACTORS in the prosecution of the WORK
provided for in the CONTRACT, this obligation is void. Otherwise it remains in full force and
effect.
PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions
of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, and all liabilities on this Bond shall
be determined in accordance with the provisions, conditions and limitations of Title 34, Chapter
2, Article 2, Arizona Revised Statutes, to the extent as if it were copied at length in this
Agreement.
The prevailing party in a suit on this Bond shall recover as part of the judgment
reasonable attorney fees that may be fixed by a judge of the court.
This Bond shall not be executed by an individual surety or sureties, even if the
requirements of A.R.S. Section 7-101 are satisfied.
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
I-2
Witness our hands this _____ day of _________________, 20___.
__________________________________
PRINCIPAL
SEAL
By _______________________________
__________________________________
SURETY
SEAL
By _______________________________
Address of Surety:
___________________________________
___________________________________
__________________________________
AGENT OF RECORD
__________________________________
AGENT ADDRESS
* Attach Power of Attorney
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
J-1
TOWN OF WICKENBURG, ARIZONA
CERTIFICATE OF INSURANCE
PROJECT Name No. _______________
PROJECT Address ___________________
The ____________________________________________________________________
certifies that the following insurance policies have been issued on behalf of Named Insured
_________________________________________________________________
Name & Address of Insured
________________________________________________________________________
Name and address of Additional Insured: TOWN of Wickenburg, Arizona
155 N. Tegner, Suite A
Wickenburg, Arizona 85390
Type of
Insurance
Policy
No.
Eff.
Date
Exp.
Date
Limits of Liability
(1) Workers'
Compensation
$
(2) Employer's
Liability
$
per accident
$
disease per employee
$
disease aggregate
(3) Commercial General Liability
including broad form property
damage, completed operations and
explosion, collapse and underground
coverage
$
per occurrence
$
aggregate combined
single limit
(4) Builder's "All Risk"
$
(5) Automobile Bodily Injury
& Property Damage including all
owned, hired or
non-owned equipment
$
(6) Umbrella Coverage
$
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
J-2
It is agreed that none of these policies or any coverage thereunder will be
cancelled or changed so as to affect this certificate until thirty (30) DAYS written notice of such
cancellation or change has been delivered to TOWN of Wickenburg.
COVERAGE SHALL BE APPLIED WITHOUT OFFSET AGAINST TOWN'S
EXISTING POLICIES OR POLICIES IN EFFECT AT THE TIME OF ANY CLAIM.
It is further agreed that:
The insurance coverages referenced above apply to all operations on or at
the PROJECT site which are undertaken by the insured,
SUBCONTRACTORS or their employees and agents during the life of the
Construction CONTRACT. These policies shall not expire until all
WORK has been completed and the PROJECT has been accepted by
TOWN of Wickenburg. If a policy does expire during the life of the
CONTRACT, a renewal Certificate of the required coverage must be sent
to TOWN of Wickenburg not less than thirty (30) DAYS prior to
expiration date. The Insurer has examined and hereby agrees to the
indemnification provisions contained in the CONTRACT DOCUMENTS
related to the PROJECT between the Insured and TOWN of Wickenburg.
This Certificate is not valid unless countersigned by an authorized representative
of the Insurance Company.
Date:
Countersigned by:
_______________________
___________________________________
___________________________________
Signature
______________________________
Title
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
K-1
NOTICE TO PROCEED
DATE:
TO:
Subject: NOTICE TO PROCEED AND RETURN OF EXECUTED CONTRACT
Project Name: SWWTP Intensification
Project Number: Bid 24-03
Contract Amount: $
Liquidated Damages: $ 500.00/day
Effective Date:
Final Completion Date:
Council Approval:
Item Number:
P.O. Number:
This letter serves as ___________, NOTICE TO PROCEED with performance of the above-
referenced project contract.
A fully executed and approved copy of the contract, and the project’s purchase order are
enclosed for your files. Please indicate the above-mentioned project number on all
correspondence. Failure to do so may cause unnecessary delays.
When submitting payment requests, the following information is needed:
1.
Cover Letter transmitting the Pay Application, and a summary of the project status.
2.
A completed “Application and Certification for Payment”, on approved Town format.
3.
A clear, detailed billing invoice, indicating the Project Number and Purchase Order
Number referenced above.
If you have any questions please contact Capital Projects at ___________________
Sincerely,
Capital Projects Coordinator
Enclosures
cc:
ACCEPTANCE OF NOTICE
Receipt of the foregoing NOTICE TO PROCEED is hereby acknowledged by _______,
this ____ day of ___________, 20__.
By
Title
Project Name: SWWTP Intensification Project
Project No.: Bid 24-03
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
L-1
CHANGE ORDER NO.
PROJECT: SWWTP Intensification Project
DATE:
OWNER: Town of Wickenburg
PROJECT NO: Bid 24-03
CONTRACTOR:
CONTRACT DATED:
ENGINEER:
CHANGES: The CONTRACT is changed as follows:
COST/TIME: Original CONTRACT SUM:
$
Previously Authorized CHANGE ORDERS:
$
CONTRACT sum prior to this CHANGE ORDER:
$
CHANGE ORDER # Amount:
$
New CONTRACT SUM:
$
THE NEW CONTRACT SUM INCLUDES ALL GENERAL CONDITIONS THAT ARE
APPLICABLE TO THIS CHANGE ORDER.
CONTRACT TIME will be increased by:
Approved/Accepted by:
ENGINEER: By:
Date:
CONTRACTOR:
By:
Date:
OWNER:
By:
Date:
Not valid until signed by both TOWN and ENGINEER. Signature of CONTRACTOR indicates
acceptance, including CONTRACT SUM and CONTRACT TIME.
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
M-1
TOWN OF WICKENBURG, ARIZONA
CONTRACTOR'S AFFIDAVIT
REGARDING SETTLEMENT OF CLAIMS
PROJECT
_________________________________________________________
_________________________________________________________
To TOWN of Wickenburg, Arizona
Building Department:
The undersigned hereby certifies that (1) all lawful claims for MATERIALS,
rental of equipment and labor used in connection with the construction of the above PROJECT,
whether by SUBCONTRACTOR or claimant in person, have been duly discharged; and (2) to
the best of undersigned's knowledge, there are not any disputed or unresolved claims of any type
for MATERIALS, equipment or labor in connection with this PROJECT.
The undersigned, for the consideration of $___________, as set out in the final
pay estimate, as full and complete payment under the terms of the CONTRACT, hereby waives
and relinquishes any and all further claims or right of lien under, in connection with, or as a
result of the above-described PROJECT. The undersigned further agrees to indemnify and save
harmless TOWN of Wickenburg against any and all liens, claims of liens, suits, actions,
damages, charges and expenses whatsoever, which said TOWN may suffer arising out of the
failure of the undersigned to pay for all labor performance and MATERIALS furnished for the
performance of said installation.
Signed and dated at _____________________, this _____ day of
_________________________, 20____.
___________________________________
CONTRACTOR
By ________________________________
STATE OF ARIZONA
)
) ss.
County of Maricopa
)
The foregoing instrument was subscribed and sworn to before me this ____ day of
____________________, 20____.
__________________________________
Notary Public
My Commission Expires:
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
SC-1
SPECIAL CONDITIONS
Water Infrastructure Finance Authority of Arizona
Clean Water Revolving Fund
Drinking Water Revolving Fund
Contract Packet for Governmental Borrowers with Wage Determination
Construction Contract without CM
Form No. 11.03
Revised November 24, 2013
TS-1
TECHNICAL SPECIFICATIONS
See Plans and Bid Specifications on Town of Wickenburg website
Major Equipment and Details
1. Install rotary drum screens (2) and platform
2. Install valve vault (3)
3. Install WAS pump station
4. Install process air blower and shade structure
5. Install piping and associated appurtenances
6. Install associated electrical