3221025-CON-ACHEN-GARDNER CONSTRUCTION-WASTEWATER COLLECTION SYSTEM REHABILITATION 2025.PDF
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CITY OF TEMPE, ARIZONA
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
CONTRACT DOCUMENT
FOR
WASTEWATER COLLECTION SYSTEM REHABILITATION-2025
PROJECT NO. 3221025
Achen-Gardner Construction, L.L.C.
APPROVED BY:
___________________________
Jodie Inman, P.E.
Deputy Public Works Director/
City Engineer
CITY COUNCIL MEMBERS
Mayor – Corey D. Woods
Vice Mayor – Doreen Garlid
Jennifer Adams
Berdetta Hodge
Nikki Amberg
Randy Keating
Arlene Chin
CITY MANAGER
Rosa Inchausti
2026
1
CITY OF TEMPE, ARIZONA
PUBLIC WORKS DEPARTMENT
DIVISION OF ENGINEERING
January 14, 2026
WASTEWATER COLLECTION SYSTEM REHABILITATION-2025
PROJECT NO. 3221025
ADDENDUM NO. 1:
The original contract documents are modified or interpreted as stated herein. Receipt of this
Addendum No. 1 shall be acknowledged by inserting its number and date in the space provided on
last page of Form 7.2., Competitive Sealed Bid Forms, in the Invitation for Bids. Failure to
acknowledge may subject bidder to disqualification.
This Addendum No. 1 consists of four (4) pages.
1.3 - START OF WORK / TERM OF CONTRACT
The contract term of 210 calendar days following the Notice to Proceed date has been revised to
305 calendar days (10 months). Remove and replace the attached page 6.
EXHIBIT 7.2 - COMPETITIVE SEALED BID FORMS
The contract term of 210 calendar days following the Notice to Proceed date has been revised to
305 calendar days (10 months). Remove and replace the attached revised Exhibit 7.2.
The above items have been revised. Please use revised pages attached.
6
CITY OF TEMPE, ARIZONA
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
NOTICE TO CONTRACTORS
WASTEWATER COLLECTION SYSTEM REHABILITATION-2025
PROJECT NO. 3221025
1.
INTRODUCTION
THIS INVITATION FOR BIDS is hereby offered by the City of Tempe, an Arizona
municipal corporation (“City”), for Wastewater Collection System Rehabilitation-2025,
as set forth herein, and shall be identified as Project No. 3221025.
1.1
OVERVIEW OF PROJECT
Work for this project involves THE REHABILITATION OF 24 PIPE
SEGMENTS AND 8 MANHOLES.
1.2
EXAMINATION OF PREMISES, SPECIFICATIONS, AND CONTRACT
Bidder shall visit the site of the Project and shall fully acquaint itself with all
conditions as they exist, so that it may fully understand the site, difficulties, and
restrictions attending the execution of the work.
Bidder shall also thoroughly examine and be familiar with the specifications, plans,
and the Contract documents. Failure of Bidder to obtain, receive, or examine any
addenda to the proposed Contract, or to visit the site and acquaint itself with the
conditions there existing, shall not relieve it from any obligation with respect to the
submitted bid.
By submitting a bid, Bidder agrees that it has examined the site, specifications,
plans, and Contract, and accepts, without recourse, all site conditions, the proposed
Contract, and all exhibits and addenda thereto.
1.3
START OF WORK / TERM OF CONTRACT
Work shall start as soon as practicable, but not later than seven (7)
calendar days after the Notice to Proceed date and shall be completed within 305
calendar days following the Notice to Proceed date.
Addendum No. 1 - issued 1/13/2026
7.2.
COMPETITIVE SEALED BID FORMS
Place: Tempe, Arizona
Date: _____________
Mayor and City Council
City of Tempe
Tempe, Arizona 85281
In compliance with your Invitation for Bids and all conditions of the Contract,
_________________, a corporation or limited liability corporation organized under the laws of the
State of _____________________; a partnership consisting of _________________________; or
an individual trading as _________________, of the City of _____________________________,
and the County of __________________________, hereby proposes and agrees to furnish any and
all plans, materials, labor, construction equipment, service, and transportation (all applicable taxes
included) of the WASTEWATER COLLECTION SYSTEM REHABILITATION-2025,
PROJECT NO. 3221025, and to install the material therein for City in a good and workmanlike
and substantial manner and to the satisfaction of City or its properly authorized agents and strictly
pursuant to and in conformity with the Contract and other documents that may be made by City or
their properly authorized agents, as provided herein, at the following prices submitted through the
City’s PMWeb Software System.
Addendum No. 1 - issued 1/13/2026
The undersigned hereby declares that Contractor has visited the site and has carefully examined
the Contract related to the work covered by the bid submitted through the City’s PMWeb Software
System.
The undersigned understands that, when it is in the best interests of the City of Tempe, the City
may cancel this solicitation, or may reject any and all bids in whole or in part, or may waive any
informalities in the bids received.
Contractor’s performance shall not start until after receiving the Notice to Proceed, and the
work will be completed within 305 consecutive calendar days after the Notice to Proceed date.
The undersigned hereby acknowledges receipt of the following Addenda:
and Contractor’s bid has been adjusted to reflect any changes.
Respectfully submitted,
By:
Signature
Printed Name
Its:
Title
Contractor’s License No.
Federal I.D. No.
For:
Company Name
Address:
Phone:
Email Address:
Addendum No. 1 - issued 1/13/2026
1
TABLE OF CONTENTS
1.
INTRODUCTION..............................................................................................................6
1.1
OVERVIEW OF PROJECT .................................................................................6
1.2
EXAMINATION OF PREMISES, SPECIFICATIONS, AND CONTRACT .6
1.3
START OF WORK / TERM OF CONTRACT ..................................................6
2.
SCOPE OF WORK............................................................................................................7
2.1
CONTRACTOR’S CONSTRUCTION SCHEDULE ........................................7
2.2
UNIFORM STANDARD SPECIFICATIONS ....................................................7
2.3
CONTRACTOR’S REPRESENTATIVE ...........................................................7
2.4
SUPERVISION BY CONTRACTOR ..................................................................8
2.5
AUTHORITY OF CITY ENGINEER’S APPOINTED REPRESENTATIVE
..................................................................................................................................8
2.6
BENEFICIAL OCCUPANCY ..............................................................................8
2.7
SUBSTANTIAL COMPLETION.........................................................................8
2.8
PROJECT COMPLETION ..................................................................................9
2.9
CONTRACT COMPLETION DATE ..................................................................9
2.10
FINAL INSPECTION ...........................................................................................9
2.11
FINAL ACCEPTANCE & GUARANTEE .........................................................9
2.12
AS-BUILT DRAWINGS .....................................................................................10
2.13
SHOP DRAWINGS, SCHEDULES, SAMPLES & PROJECT
DOCUMENTATION ...........................................................................................10
2.14
QUALITY CONTROL ........................................................................................10
2.15
EXCESS MATERIALS .......................................................................................11
2.16
MISCELLANEOUS REMOVAL AND RELOCATIONS ..............................11
2.17
PROTECTION OF FINISHED OR PARTIALLY FINISHED WORK ........11
2.18
SURVEY CONTROL POINTS ..........................................................................12
2.19
HINDRANCES AND DELAYS ..........................................................................12
2.20
SUBSIDIARY WORK .........................................................................................13
2.21
MISCELLANEOUS WORK AND ALLOWANCES .......................................13
2.22
CHANGE ORDERS ............................................................................................13
2.23
ADDITIONAL SERVICES.................................................................................14
2
3.
SPECIAL TERMS AND CONDITIONS ......................................................................14
3.1
PAYMENT BOND; PERFORMANCE BOND ................................................14
3.2
INSURANCE ........................................................................................................14
3.3
INDEMNIFICATION .........................................................................................19
3.4
PAYMENT ...........................................................................................................19
3.5
PRE-CONSTRUCTION MEETING .................................................................20
3.6
CONTRACT EXTENSION ................................................................................21
3.7
SUBLETTING OF CONTRACT .......................................................................21
3.8
LICENSES ............................................................................................................22
3.9
HAUL PERMIT ...................................................................................................22
3.10
LANDSCAPING AND IRRIGATION REQUIREMENTS ............................22
3.11
SPECIFIC PRODUCTS OR BRANDS .............................................................22
3.12
ENVIRONMENTAL REQUIREMENTS .........................................................23
3.13
SAFETY REQUIREMENTS ..............................................................................25
3.14
HEAT SAFETY STANDARDS FOR OUTDOOR WORKERS .....................25
3.15
TRAFFIC CONTROL.........................................................................................27
3.16
CLEAN-UP ...........................................................................................................28
3.17
APPROXIMATE QUANTITIES .......................................................................29
3.18
ARIZONA 811 & CALL BEFORE YOU DIG .................................................29
3.19
PROTECTION OF EXISTING FACILITIES .................................................29
3.20
UNDERGROUND UTILITIES ..........................................................................30
3.21
RELOCATION OF UTILITIES ........................................................................30
3.22
NOTIFICATION OF PROPERTY OWNERS .................................................30
3.23
ACCESS ................................................................................................................30
3.24
UTILITY AND PUBLIC AGENCY CONSTRUCTION CLEARANCE
AGREEMENT .....................................................................................................30
3.25
GOVERNMENT APPROVALS AND PERMITS ............................................31
3.26
KEY CONTACTS ................................................................................................31
3.27
DUST PREVENTION .........................................................................................31
3.28
COMPLAINTS FROM THE GENERAL PUBLIC .........................................32
3.29
SECURE FACILITY ACCESS ..........................................................................32
3
4.
INSTRUCTION TO BIDDERS ......................................................................................32
4.1.
SEALED BIDS .....................................................................................................32
4.2.
ADDENDA............................................................................................................34
4.3.
BID SECURITY ...................................................................................................34
4.4.
BIDS ......................................................................................................................35
4.5.
IRREGULAR BIDS .............................................................................................35
4.6.
BIDDING PHASE REQUIREMENTS ..............................................................35
4.7.
PRE-CONTRACT AWARD REQUIREMENTS .............................................35
4.8.
BID QUANTITIES ..............................................................................................36
4.9.
PROTEST PROCEDURE ..................................................................................36
5.
EVALUATION AND AWARD ......................................................................................36
5.1.
AWARD AND EXECUTION OF CONTRACT ...............................................36
5.2.
PLANS TO THE SUCCESSFUL BIDDER .......................................................37
5.3.
ISSUANCE OF THE NOTICE TO PROCEED ...............................................37
6.
GENERAL TERMS AND CONDITIONS ....................................................................37
6.1.
LIQUIDATED DAMAGES ................................................................................37
6.2.
ESCROW AND HOLDBACK ............................................................................37
6.3.
TERMINATION ..................................................................................................38
6.4.
DEFAULT PROVISIONS ..................................................................................39
6.5.
WARRANTY........................................................................................................40
6.6.
OWNERSHIP OF DOCUMENTS / INFRINGEMENT OF PATENT OR
COPYRIGHT .......................................................................................................40
6.7.
COMPLIANCE WITH STATE AND FEDERAL LAWS ...............................41
6.8.
ANTIDISCRIMINATION ..................................................................................43
6.9.
JURISDICTION ..................................................................................................43
6.10. DISPUTE RESOLUTION ..................................................................................43
6.11. SUCCESSORS AND ASSIGNS..........................................................................44
6.12. NON-WAIVER ....................................................................................................44
6.13. SURVIVAL ...........................................................................................................44
6.14. SEVERABILITY .................................................................................................44
6.15. INTEGRATION ...................................................................................................44
4
6.16. TIME IS OF THE ESSENCE .............................................................................44
6.17. THIRD PARTY BENEFICIARY .......................................................................44
6.18. CONFLICT OF INTEREST ...............................................................................45
6.19. COOPERATION AND FURTHER DOCUMENTATION .............................45
6.20. UNAUTHORIZED FIREARMS & EXPLOSIVES .........................................45
6.21. NOTICES TO CITY ENGINEER .....................................................................46
6.22. NOTICES TO CONTRACTOR .........................................................................46
6.23. GIS DATA DISCLAIMER .................................................................................46
6.24. AMENDMENT OF CONTRACT ......................................................................47
6.25. LABOR .................................................................................................................47
6.26. NON-APPROPRIATION OF FUNDS OR NON-FUNDING ..........................48
6.27. PUBLIC RECORDS ............................................................................................48
6.28. COUNTERPARTS ..............................................................................................48
6.29. RECORD RETENTION .....................................................................................48
6.30. DRUG-FREE WORKPLACE ............................................................................49
7
EXHIBITS ............................................................................................................50
7.1.
BIDDER’S CHECK SHEET
7.2.
COMPETITIVE SEALED BID FORMS
7.3.
COMPETITIVE SEALED BID CERTIFICATION FORM
7.4.
BIDDER’S PROJECT REFERENCES
7.5.
ACKNOWLEDGEMENT REGARDING LETTER OF
GOOD STANDING
7.6
CERTIFICATION BY THE CONTRACTOR AUTHORIZING
EMPLOYEES TO SIGN BINDING AGREEMENTS
7.7.
PERFORMANCE BOND FORM
7.8.
PAYMENT BOND FORM
7.9.
CONDITIONAL WAIVER AND RELEASE FOR CONTRACTOR’S
PAYMENT AND SETTLEMENT OF CLAIMS
7.10. AFFIDAVIT OF GENERAL CONTRACTOR / PRIME
CONSULTANT REGARDING HEALTH INSURANCE
7.11. GUIDELINES FOR IMPLEMENTATION OF
5
HEALTH INSURANCE
7.12. PROMPT PAYMENT REQUIREMENTS
7.13. AFFIDAVIT DEMONSTRATING LAWFUL PRESENCE
IN THE UNITED STATES
7.14. COMPLIANCE WITH TEMPE CITY CODE ON
ANTIDISCRIMINATION
7.15. CITY ENGINEERING SECURE FACILITIES ACCESS GUIDELINES
7.16. LIST OF SUB-CONTRACTORS
EXHIBIT A TECHNICAL SPECIFICATIONS
6
CITY OF TEMPE, ARIZONA
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
NOTICE TO CONTRACTORS
WASTEWATER COLLECTION SYSTEM REHABILITATION-2025
PROJECT NO. 3221025
1.
INTRODUCTION
THIS INVITATION FOR BIDS is hereby offered by the City of Tempe, an Arizona
municipal corporation (“City”), for Wastewater Collection System Rehabilitation-2025,
as set forth herein, and shall be identified as Project No. 3221025.
1.1
OVERVIEW OF PROJECT
Work for this project involves THE REHABILITATION OF 24 PIPE
SEGMENTS AND 8 MANHOLES.
1.2
EXAMINATION OF PREMISES, SPECIFICATIONS, AND CONTRACT
Bidder shall visit the site of the Project and shall fully acquaint itself with all
conditions as they exist, so that it may fully understand the site, difficulties, and
restrictions attending the execution of the work.
Bidder shall also thoroughly examine and be familiar with the specifications, plans,
and the Contract documents. Failure of Bidder to obtain, receive, or examine any
addenda to the proposed Contract, or to visit the site and acquaint itself with the
conditions there existing, shall not relieve it from any obligation with respect to the
submitted bid.
By submitting a bid, Bidder agrees that it has examined the site, specifications,
plans, and Contract, and accepts, without recourse, all site conditions, the proposed
Contract, and all exhibits and addenda thereto.
1.3
START OF WORK / TERM OF CONTRACT
Work shall start as soon as practicable, but not later than seven (7) calendar days
after the Notice to Proceed date and shall be completed within 210 calendar days
following the Notice to Proceed date.
7
2.
SCOPE OF WORK
The proposed work will consist of THE RECOMMENDED METHODS FOR
REHABILITATION OF PIPE SEGMENTS ARE INSTALLING CURED-IN-
PLACE-PIPE (CIPP) LINER INTO THE PIPE INTERIOR, REMOVING AND
REPLACING SANITARY SEWER PIPE IN-KIND, OR INSTALLING FIBER
REINFORCED POLYMER (FRP). THE RECOMMENDED METHODS FOR
REHABILITATION OF MANHOLES ARE APPLYING EPOXY COATING TO
THE MANHOLE INTERIOR INCLUDING THE BENCH, WALL, CONE, AND
CHIMNEY,
INSTALLING
CORROSION
RESISTANT
STRUCTURAL
MANHOLE INSERTS, AND REMOVING AND REPLACING FRAME AND
COVER, CHIMNEY, AND FLATTOP. BYPASS OPERATIONS WILL BE
REQUIRED TO REHABILITATE TWO (2) MANHOLES. REHABILITATION
OF THE OTHER SIX (6) IDENTIFIED MANHOLES WILL REQUIRE
TEMPORARY FLOW DIVERSION, WHICH IS TYPICALLY ACCOMPLISHED
USING FLOWTHROUGH PLUGS, together with associated work.
2.1
CONTRACTOR’S CONSTRUCTION SCHEDULE
Prior to the start of work, a construction progress schedule shall be required and
shall comply with the requirements of MAG Specifications 108.4. In addition, a
schedule update comparing actual progress with scheduled progress will be
required with the submission of each monthly pay request.
2.2
UNIFORM STANDARD SPECIFICATIONS
All work done under this Contract shall be accomplished in accordance with the
Maricopa Association of Governments Uniform Standard Specifications and
Details for Public Works Construction – latest edition (“MAG Specifications”) and
the City of Tempe Supplement to the MAG Uniform Standard Details and
Specifications for Public Works Construction – 2014 (“City of Tempe
Supplement”), except as modified in the Contract.
In the case of a discrepancy or conflict, the order in which documents and Contract
sections govern is as follows, from highest to lowest: special terms and conditions,
technical specifications, plans, general terms and conditions, City of Tempe
Supplement, and MAG Specifications.
All bids shall be made in accordance with the General Conditions of the MAG
Specifications.
2.3
CONTRACTOR’S REPRESENTATIVE
Contractor shall at all times be present at the worksite or represented by a
superintendent or other properly designated agent. Instructions and information
given by City construction project manager to Contractor’s superintendent or agent
on the work shall be considered as having been given to Contractor.
8
2.4
SUPERVISION BY CONTRACTOR
Contractor will supervise and direct the work. It will be solely responsible for the
means, methods, techniques, sequences, and procedures of construction. Contractor
will employ and maintain on the work a qualified superintendent who shall be
designated in writing by Contractor and approved by City as Contractor’s
representative at the site. The superintendent shall have full authority to act on
behalf of Contractor and all communications given to the superintendent shall be
as binding as if given to Contractor. The superintendent shall be present on the site
at all times in order to perform adequate supervision and coordination of the work.
No substitution of the superintendent will be permitted without prior written request
by the Contractor and written consent of City.
2.5
AUTHORITY OF CITY ENGINEER’S APPOINTED REPRESENTATIVE
City construction project manager shall act as City Engineer’s designated
representative during the construction period. He or she shall advise on questions
concerning coordination with City, public safety, and quality and acceptability of
materials and work performed. City Engineer, City construction project manager,
or their assigned inspector shall interpret the intent of the Contract plans,
specifications, and technical provisions in an unbiased manner.
City Engineer, City construction project manager, or their assigned inspector may
be present on the site during construction to monitor the work and to maintain
records for Contract management. City construction project manager shall
promptly make decisions relative to the interpretation of the Contract so as to
minimize delays in construction. City construction project manager will not be
responsible for directing construction, control, techniques, sequence, or procedures,
or for directing job safety.
2.6
BENEFICIAL OCCUPANCY
Beneficial occupancy is the use of a facility or project, in whole or in part, by City
for its intended purpose. This may occur even though some work of the Contract
remains undone. Prior to such use or occupancy, City will provide notice to
Contractor and accomplish a partial acceptance inspection. Beneficial occupancy
will apply to general right-of-way projects only.
2.7
SUBSTANTIAL COMPLETION
Substantial completion is work that is ready for occupancy and use for its intended
purpose as certified by City and a certificate of occupancy. This term will be
applied to building construction projects only.
9
2.8
PROJECT COMPLETION
Project completion is full completion of all construction associated with the
Contract, including, but not limited to, punch list items, close-out documentation,
operations and maintenance manuals, warranties, and record plans as certified by
the architect/engineer of record. Contractor may be found in default of this
Contract in accordance with MAG Specifications 108.10 should project completion
fall behind substantial completion by more than 45 calendar days.
2.9
CONTRACT COMPLETION DATE
The Contract completion date established by reference to the Notice to Proceed date
is for completion of all or specified portions of the work. This includes items of
work to be completed under an owner allowance or as part of a contingency item.
The stated Contract completion date will take into account anticipated or actual
weather conditions that are not unusually severe for the area and time of year. This
date may be expressed as a calendar date or as a number of calendar days after the
Notice to Proceed date.
If time extensions are issued by City, the revised Contract completion date will be
referred to as the adjusted Contract completion date.
2.10
FINAL INSPECTION
Contractor is responsible for complying with the specifications and is hereby
forewarned that final approval of any work will not be given until the entire project
is completed and accepted by City. Prior to final inspection on any City facilities
requiring a building permit, Contractor must call for final inspection from the
Community Development Department and Public Works Department of City. The
final inspection must be completed prior to final acceptance and payment.
2.11
FINAL ACCEPTANCE & GUARANTEE
Final acceptance shall mean a written final acceptance of the work. City Engineer
shall make the final acceptance promptly after the work has been inspected and
found to be completed in accordance with the Contract. The work performed under
this Contract shall be guaranteed for a period of one (1) year from the date of final
acceptance.
10
2.12
AS-BUILT DRAWINGS
Contractor shall provide and maintain accurate field data on a redlined set of
Contract drawings, which are to be kept current and submitted as complete at the
conclusion of the construction. These record drawings will be used as
documentation for progress payments, and upon project completion, for the
preparation of record drawings by the architect/engineer. Final payment will not
be issued until all record drawings are submitted by Contractor and are certified to
be complete by the architect/engineer of record.
2.13
SHOP DRAWINGS, SCHEDULES, SAMPLES & PROJECT
DOCUMENTATION
In time for each to serve its proper purpose and function, Contractor shall submit
to City construction project manager such schedules, reports (including daily
construction reports and progress meeting notes), drawings, lists, literature
samples, instructions, directions, and guarantees as are specified or reasonably
required for construction, operation, and maintenance of the facilities to be built
and/or furnished under this Contract.
Shop drawings and data shall be submitted to City construction project manager as
a hard copy and legible electronic PDF document of each submittal.
The submittal shall clearly indicate the specific area of the Contract for which the
submittal is made. The additional copies received will be returned to Contractor’s
representative at the job site. City construction project manager’s notations of the
action taken will be noted on one (1) of these returned copies.
The above drawings, lists, prints, samples, and other data shall become a part of the
Contract and a copy of the same shall be kept with the job site Contract, and the
fabrications furnished shall be in conformance with the same.
City construction project manager’s review of the above drawings, lists, prints,
specifications, samples, or other data shall in no way release Contractor from its
responsibility for the proper fulfillment of the requirements of this Contract, nor for
fulfilling the purpose of the installation, nor from its liability to replace the same
should it prove defective or fail to meet the specified requirements.
2.14
QUALITY CONTROL
All material shall be new and of the specified quality and equal to the accepted
samples, if samples have been submitted. All work shall be done and completed in
a thorough, workmanlike manner, notwithstanding any omission from the Contract,
and it shall be the duty of Contractor to call City construction project manager’s
attention to apparent errors or omissions and request instruction before proceeding
with the work.
11
City Engineer may, through appropriate instruction, correct errors, and supply
omissions. Instructions provided by City Engineer shall be as binding upon
Contractor as though contained in the original Contract.
At the option of City construction project manager, material to be supplied under
this Contract will be tested and/or inspected either at its place of origin or at the site
of the work. Contractor shall give City construction project manager written
notification well in advance of actual readiness of material to be tested and/or
inspected at point of origin. Satisfactory tests and inspections at the point of origin
shall not be construed as a final acceptance of the material, nor shall it preclude
retesting or reinspection at the site of the work.
2.15
EXCESS MATERIALS
Excess or unsuitable material, broken asphaltic concrete, and broken Portland
cement concrete shall be disposed of by Contractor. Contractor shall, prior to
commencement of the work, submit a letter to City Engineer stating the location of
disposal site(s) for all excess or unsuitable material and certifying that it has
obtained the property owner’s permission for the disposal of all surplus material.
2.16
MISCELLANEOUS REMOVAL AND RELOCATIONS
Miscellaneous removals and relocations shall be performed by the Contractor, and
is construed to mean the removal of all unsuitable materials, whether designated or
implied by the plans and specifications, and shall include but not be limited to
removal of items of every nature and description such as pipes, concrete, asphalt,
block, brick, rock, and metal, including temporary removal and reinstallation,
unless such items are specifically designated in a separate bid item. In addition,
certain items requiring temporary removal and reinstallation such as mailbox
stands, signposts, survey monument frames and covers, shall be included in this
category.
2.17
PROTECTION OF FINISHED OR PARTIALLY FINISHED WORK
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
City.
Estimate or partial payment of completed work shall not release Contractor from
such responsibility prior to City’s acceptance, but Contractor shall turn over the
entire work in full accordance with these specifications before final payment can
be made.
12
2.18
SURVEY CONTROL POINTS
Existing survey monuments shall be protected by Contractor or removed and
replaced under the direct supervision of City of Tempe Engineering Division Land
Services Section.
One week prior to construction, Contractor shall notify City of Tempe Engineering
Division Land Services Section of any survey monuments that need to be relocated.
Any monuments damaged or lost due to the Contractor’s negligence and/or lack of
notification to City of Tempe Engineering Division Land Services Section shall be
replaced at Contractor’s expense. In the event a lot corner will be disturbed,
Contractor shall notify affected property owner(s) and obtain consent prior to any
construction. Any lot corners disturbed or lost due to Contractor’s negligence shall
be replaced at Contractor’s sole expense.
2.19
HINDRANCES AND DELAYS
Except as provided herein, no charge shall be made by Contractor for hindrances
or delays from any cause during the progress of any portion of the work set forth in
this Contract; however, delays due to no fault or neglect of Contractor may entitle
Contractor to a time extension sufficient to compensate for the delays. The amount
of the time extension, if any, shall be determined by City Engineer provided
Contractor gives City Engineer immediate notice in writing of the cause of such
delay.
The parties agree to negotiate in good faith for the recovery of damages related to
expenses incurred by Contractor for a delay for which City is solely responsible
that is unreasonable under the circumstances, and that was not within the
contemplation of the parties to the Contract at the time the Contract was entered
into.
2.19.1 Unless specifically provided for herein, the maximum compensation for an
unreasonable or unforeseen delay shall not exceed the daily amount
specified for liquidated damages in MAG Specification 108.9, as based on
the original Contract amount.
2.19.2 This section shall not be construed to void any provisions of this Contract,
which require notice of delays, or which provide for alternative dispute
resolution, other procedures for settlement, or which provide for liquidated
damages.
However, if the parties cannot reach agreement for the recovery of damages as set
forth herein, the determination of City shall be final.
13
2.20
SUBSIDIARY WORK
All work called for in the plans and specifications shall be performed by Contractor,
and unless a specific bid item is provided for the work, then such portion of the
work will be considered subsidiary to other work for which payment is provided.
2.21
MISCELLANEOUS WORK AND ALLOWANCES
Unless otherwise specified in the Contract, the following items will be included in
the work with no direct payment allowed. Payment shall be included in the
payment for other items for which direct payment is made.
2.21.1
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.
2.21.2
Cleanup, including day-to-day cleanup.
2.21.3
Notification to residents adjacent to this project prior to the start of work
on construction that may affect them.
2.21.4
Water required for compaction or dust control.
2.21.5
Miscellaneous removals and relocations not otherwise specified in the
Technical Specifications.
2.21.6
Power pole bracing.
2.21.7
Removal of trees twelve inches (12") or less in diameter.
2.21.8
Removal, relocation, and/or modification of existing walls and fences.
2.21.9
Trimming of trees and bushes.
2.21.10 Replacement of plant material and repair of irrigation equipment to meet
or exceed conditions existing prior to Contractor beginning work.
2.22
CHANGE ORDERS
In the event that significant changes in the scope of the work and/or changes in the
quantities due to contingencies of construction become necessary, such changes
shall be made in accordance with Section 104.2 of the General Conditions in the
MAG Specifications.
The costs associated with any extra work as authorized by City must be approved
prior to the start of work. The final costs for additional work shall also include all
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charges associated with extended general conditions or Contract acceleration. Pay
requests for extra work performed shall be submitted with the next billing cycle and
shall not exceed 30 calendar days from the date extra work was performed.
2.23
ADDITIONAL SERVICES
Additional services that are outside the scope of basic services contained in this
Contract shall not be performed by Contractor without prior written authorization
from City. Additional services, when authorized by an executed Contract or an
amendment to this Contract, shall be compensated for by a fee mutually agreed
upon between City and Contractor.
3.
SPECIAL TERMS AND CONDITIONS
3.1
PAYMENT BOND; PERFORMANCE BOND
A payment bond and a performance bond, each in an amount equal to the full
contract amount, will be required of the Contractor immediately after notice of
Contract award, and before final Contract execution. Each bond shall be in
accordance with Arizona Revised Statutes (A.R.S.) § 34-201, et seq., as amended
from time to time.
Arizona law provides that the bonds shall be executed solely by a bonding
company, liability insurance carrier, or excess insurance carrier that holds a
certificate of authority to transact surety business in Arizona, issued by the director
of the department of insurance pursuant to A.R.S. title 20, chapter 2, article 1, as
amended from time to time. Additionally, the City requires that the bonding
company, liability insurance carrier, or excess insurance carrier have a Financial
Strength Rating of A- or better and a Financial Size Category of VII or higher, as
listed in the most recent “Best’s Key Rating Guide – Property/Casualty,” published
by A.M. Best Company. An individual surety or sureties shall not execute either
bond, even if the requirements of A.R.S. § 7-101 are satisfied.
3.2
INSURANCE
Certificates of Insurance verifying insurance coverage that meets the following
minimum requirements will be required of the Contractor immediately after notice
of Contract award, and before final Contract execution.
Arizona law provides that the insurer must hold a certificate of authority to transact
insurance in Arizona, issued by the director of the department of insurance pursuant
to Arizona Revised Statutes, title 20, chapter 2, article 1, as amended from time to
time. Additionally, the City requires that the insurance company have a Financial
Strength Rating of A- or better and a Financial Size Category of VII or higher, as
listed in the most recent “Best’s Key Rating Guide – Property/Casualty,” published
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by A.M. Best Company. This requirement does not apply to the Workers’
Compensation / Employer’s Liability portion of the Certificate of Insurance.
3.2.1 Contractor shall maintain limits no less than:
3.2.1.1 Commercial General Liability: $2,000,000 combined single limit
per occurrence for bodily injury and property damage, including
coverage for contractual liability (including defense expense
coverage for additional insureds), premises/operations, underground
explosion and collapse hazard, personal injury, broad form property
damage,
products
and
completed
operations,
independent
contractors, and product liability. The general aggregate limit shall
apply separately to this project/location, or the general aggregate
shall be twice the required occurrence limit.
3.2.1.2 Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage, including coverage
for owned, hired, and non-owned vehicles as applicable.
3.2.1.3 Excess Liability (umbrella form): As required.
3.2.1.4 Workers’ Compensation and Employer’s Liability: Workers’
Compensation and Employer’s Liability statutory limits as required
by the State of Arizona.
3.2.1.5 Health Insurance: As required by City.
City shall have no responsibility or liability for such insurance coverage.
3.2.2 Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared and approved
by City. At the option of City, either the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects City, its officials,
employees, and volunteers, or Contractor shall procure a bond guaranteeing
payment of losses and related investigations, claims administration, and
defense expenses.
3.2.3 Other Insurance Provisions
The policies or self-insurance certifications are to contain, or be endorsed
to contain, the following provisions:
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3.2.3.1 Commercial General Liability and Automobile Liability
Coverage:
City, its officers, officials, employees, agents, and volunteers are to
be covered as additional insureds with respect to: liability arising
out of activities performed by or on behalf of Contractor including
the insured’s general supervision of Contractor; products and
completed operations of Contractor; premises owned, occupied, or
used by Contractor; or automobiles owned, leased, hired, or
borrowed by Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to City, its officers,
officials, employees, agents, or volunteers, for work related to
Contractors’, employees’, agents’, subcontractors’, or sub-
subcontractors’ activities.
Contractor’s insurance coverage shall be primary with respect to
City, its officers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by City, its officials,
employees, or volunteers shall be in excess of Contractor’s
insurance and shall not contribute to it.
Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its officers, officials,
employees, agents, or volunteers.
Coverage shall state that Contractor’s insurance shall apply
separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer’s liability.
3.2.3.2 Workers’ Compensation and Employer’s Liability Coverage
The insurer shall agree to waive all rights of subrogation against
City, its officers, officials, employees, agents, and volunteers for
losses arising from work performed by Contractor for City.
3.2.3.3 Health Insurance Requirements
All consultants and general contractors, who bid on projects or enter
into public works contracts, in excess of $100,000 or the current
Council approval contract limit in place at the time the contract is
executed, with the City of Tempe, after January 1, 2001, are required
to sign an affidavit in the form attached hereto. The general
contractor shall be responsible for ensuring that the subcontractors
comply with the health insurance requirements.
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Health insurance is required for all employees, except for those
employees who work less than one hundred and twenty (120) days in
any calendar year. A “workday” consists of any time within a
twenty-four-hour period, regardless of number of hours, that the
individual is paid.
The level of health insurance provided shall be determined by each
employer but should be no less than that provided by the Arizona
Cost Containment Health System.
All complaints concerning violations of the health insurance
requirements shall be filed, in writing, with the Public Work's
Department, within five (5) days from discovery of the violation. An
administrative hearing will be held before the Public Works Director,
and a written decision of findings will be provided to the parties to
the hearing within ten (10) days thereafter. Appeal from the decision
of the Public Works Director may be made within ten (10) days of
the date of the decision by filing a notice of appeal in writing with the
Public Works Department. If an appeal is timely filed, an
administrative hearing will be held before an administrative hearing
officer appointed by the City Manager. The decision of the
administrative hearing officer shall be final.
In the event of a finding of violation of the insurance provisions, the
company in violation of the provision shall be barred from bidding
on, or entering into, any public works contract with the City for a
period of three (3) years.
All consultants and contractors subject to the health insurance
requirements shall post, in English and Spanish, notice of the health
insurance requirements at the job site. Signs for posting will be
provided by the City.
3.2.3.4 All Coverages
Each insurance policy required by this Contract shall be endorsed to
state that the coverage shall not be suspended, voided, and/or
canceled by either party, reduced in coverage or in limits, except
after 30 calendar days’ prior written notice by certified mail, return
receipt requested, has been given to City.
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3.2.4 Other Insurance Requirements
Contractor shall:
3.2.4.1 Immediately after notice of Contract award, and before final
Contract execution, furnish City with certificates of insurance, in
form and with insurers acceptable to City, which shall clearly
evidence all insurance required in this Contract and provide that
such insurance shall not be canceled, allowed to expire, or be
materially reduced in coverage except on 30 calendar days’ prior
written notice by certified mail to City, and in accord with stated
insurance requirements of this bid solicitation. MAG Specification
103.6 is fully incorporated into this Contract, except to the extent it
conflicts with the limits set forth in this Contract. The insurance
policies required by MAG Specification 103.6 shall additionally
provide full coverage of indemnity to City, including an increase in
the minimum limits to $2,000,000 combined single limit coverage
for General Liability. Prior to execution of the Contract, Contractor
shall furnish City with a Certificate of Insurance as evidence that
policies providing the required coverages, conditions, and limits are
in full force and effect. Such certificates shall identify the project
and shall provide for not less than 30 calendar days’ advance written
notice to City, by certified mail, of cancellation or termination. Any
cancellation clause shall not include the phrases “endeavor to” or
“but failure to do so shall impose no obligation or liability of any
kind upon the insurer, its agents or representatives.” City shall not
be obligated, however, to review same or to advise Contractor of
any deficiencies in such policies and endorsements, and such receipt
shall not relieve Contractor from, or be deemed waiver of City’s
right to insist on, strict fulfillment of Contractor’s obligations under
this Contract.
3.2.4.2 Provide certified copies of endorsements and policies if requested
by City in addition to certificates of insurance.
3.2.4.3 Replace certificates, policies, and endorsements for any such
insurance expiring prior to completion of services.
3.2.4.4 Maintain such insurance from the time services commence until
services are completed. Should any required insurance lapse during
the Contract term, requests for payments originating after such lapse
shall not be processed until City receives satisfactory evidence of
reinstated coverage as required by this Contract, effective as of the
lapse date. If insurance is not reinstated, City may at its sole option,
terminate this Contract effective on the date of such lapse of
insurance.
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3.2.5 Subcontractors and Sub-Subcontractors
Contractor shall include all subcontractors and sub-subcontractors as
insureds under its policies. All coverage for subcontractors and sub-
subcontractors shall be subject to all of the requirements stated herein for
Contractor.
3.3
INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify and hold
harmless City, its officers, and its employees, from liabilities, damages, losses,
and costs, including reasonable attorney fees and court costs, to the extent caused
by the negligence, recklessness or intentional wrongful conduct of Contractor, its
subcontractors, design professionals, or other persons employed or used by
Contractor in the performance of the contract or subcontract. Nothing in this
section shall prohibit the requirement of insurance coverage that complies with
this section, including the designation of any person as an additional insured on a
general liability insurance policy or as a designated insured on an automobile
liability policy. The amount and type of insurance coverage requirement set forth
herein will in no way be construed as limiting the scope of the indemnity in this
paragraph.
3.4
PAYMENT
City shall make payment to Contractor pursuant to A.R.S. § 34-221 and MAG
Specifications 109.
3.4.1 Measurement of Payment
3.4.1.1 Quantities of materials for this work shall be paid under the
appropriate schedule at the applicable Contract price per unit of
measurement with no allowances for waste.
3.4.1.2 Payment for various items in the bid shall be compensation in full
for furnishing all materials, labor, tools, equipment, and
appurtenances necessary to complete the work in a satisfactory
manner as specified. No additional payment will be made for work
related to any item unless specifically called for in the bid.
3.4.1.3 Materials placed without approval of the inspector, or materials
rejected due to improper placing, improper proportions of materials,
or materials found to be defective, will not be paid for.
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3.4.2 Payment Requests
Payment requests shall be submitted by Contractor through the City’s
PMWeb Software System. Requests shall be uploaded to the PMWeb
Software System at https://tempe-az.pmweb.com/pmweb/ using a login
provided to Contractor by City, and Contractor shall include all supporting
documentation for work performed during the payment period.
Payment requests submitted with insufficient documentation to verify work
effort and quantities will be returned to Contractor for revision. Revised
payment requests shall be re-submitted to City electronically through the
City’s PMWeb Software System.
Contractor shall submit its first request for payment no later than 40
calendar days from the Notice to Proceed date. All subsequent requests for
payment shall be made on a monthly basis and no later than every 30
calendar days.
3.5
PRE-CONSTRUCTION MEETING
Contractor shall meet with the City Engineer for a preconstruction conference prior
to commencing work. At the preconstruction conference, Contractor shall submit
a progress schedule showing the order in which Contractor proposes to carry out
the work; the dates on which Contractor and its subcontractors will start the salient
features of the work, including procurement of materials, equipment, etc.; the
ordering of articles of special manufacture; the furnishing of drawings, plans, and
other data for the review and approval of the City Engineer; the inspection of
structural steel fabrication; and the contemplated dates for the completion of the
said salient features. The schedule may be in a bar chart format or a critical path
method format. No schedule activity shall be shorter than one day or longer than
15 working days. The schedule must show interrelationships among the activities,
and the controlling items of work throughout the project shall be identified. If
requested by the City Engineer, Contractor shall furnish information needed to
justify activity time durations. Such information shall include estimated
manpower, equipment, unit quantities, and production rates. The schedule shall
illustrate the completion of the work not later than the contract completion date.
Contractor shall furnish authorized signature forms and a list of Contractor’s
proposed subcontractors and major material suppliers.
Progress schedules shall have considered the time requirement for ordering articles
of special manufacture to meet specific requirements of the work when structural
steel fabrication inspection is required.
Contractor shall submit a traffic control plan in accordance with the subsection of
Special Terms and Conditions titled Traffic Control.
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Contractor shall also submit a safety plan and designate an employee as Safety
Supervisor, in accordance with ADOT Standard Specifications Subsection 107.08.
If approved by the City Engineer, Contractor may designate one employee to be
responsible for both the traffic control and safety plans.
If the project requires that Contractor or City personnel to work from falsework,
within shoring, or in any other hazardous area, Contractor shall submit as part of
Contractor’s safety plan specific measures it will use to ensure worker safety.
Contractor shall also submit a program for erosion control and pollution prevention,
as set forth in ADOT Standard Specifications Subsection 104.09, on all projects
involving clearing and grubbing, earthwork, structural work, or other construction,
when such work is likely to create erosion or pollution problems.
If Contractor fails to provide the required submissions, the City Engineer may order
the preconstruction conference suspended until such time as they are furnished.
Work shall not begin until the preconstruction conference has been concluded and
the safety plan has been approved, unless authorized by the City Engineer.
Contractor shall not be entitled to additional compensation or an extension of
contract time resulting from any delays due to such a suspension.
When the specifications require specific quality control measures for certain
materials, Contractor shall designate a qualified employee as Quality Control
Manager. The Quality Control Manager shall be responsible for the implementing
and monitoring of the quality control requirements described in ADOT Standard
Specifications Subsection 106.04(C).
3.6
CONTRACT EXTENSION
By mutual written amendment to the Contract, this Contract may be extended for a
supplemental period up to a maximum of twenty-four (24) months. Any single
extension period will be in increments of not more than twelve (12) months each.
The prices bid in this Contract will be maintained for any extension period unless
Contractor can demonstrate, to the satisfaction of City, that the cost of their
materials or service has increased. All work set forth in this Contract will be
completed or scheduled for completion prior to any extension being granted.
3.7
SUBLETTING OF CONTRACT
In accordance with MAG Specifications Section 108, Contractor shall perform,
with Contractor’s own organization, construction work that amounts to not less than
fifty percent (50%) of the total Contract price for pipeline construction, roadway
construction, or roadway maintenance.
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3.8
LICENSES
The low bidder and all subcontractors must carry the appropriate State of Arizona
contractor’s license(s) for the proposed work prior to award of the Contract. Should
the lowest responsive bidder not be able to obtain the required license(s), the project
may be awarded to the next lowest responsive bidder who has the required
license(s).
3.9
HAUL PERMIT
In any operation where more than one-tenth of an acre of surface area is disturbed
and/or when unpaved onsite haul roads are used, Contractor will obtain a Maricopa
County Air Quality Department permit as required under Rule 200 of the Maricopa
County Air Pollution Control Rules and Regulations. This permit will require that
a control plan to mitigate dust and tracking problems be submitted to the County
for approval prior to issuance of the Earth Moving Permit. The control plan should
be submitted to City for review prior to County submittal to ensure that all elements
of the planned operation are covered. Please contact the Maricopa County Air
Quality Department at 602-506-6010 for additional details.
In addition, all Contractors hauling fill or excavation materials where the haul
exceeds five thousand (5,000) cubic yards, or when the duration of the haul is more
than 14 calendar days, are required to obtain a City haul permit before the hauling
operation begins.
Prior to receiving a hauling permit, Contractor must submit the required certificate
of insurance, a plan showing the proposed haul routes, and a complete schedule of
the hauling operation to the City Transportation Division. Prior to submittal,
Contractor should contact Engineering Services for complete details for issuance
of a City haul permit.
3.10
LANDSCAPING AND IRRIGATION REQUIREMENTS
As applicable, Contractor shall be required to construct the landscape and irrigation
improvements in accordance with the requirements of MAG Specifications Sections
430, 440, and 795, and the City of Tempe Public Works Department Standard
Landscape and Irrigation Details and Specifications, latest edition (available online
at https://www.tempe.gov/government/public-works/engineering/standards-details
In addition, the landscape plant establishment and maintenance period will be 90
calendar days.
3.11
SPECIFIC PRODUCTS OR BRANDS
In accordance with MAG Specification 106.4, specific brands and/or models of
equipment, materials, or patented processes listed in the plans, specifications,
standard details, and standard specifications are for demonstrative purposes only.
23
They should not be construed as a sole source request for a specific product or brand.
Contractor shall provide City with the required product data including, but not limited
to, manufacturers’ standard catalog cuts, brochures, diagrams, schedules,
performance charts, illustrations, calculations, schematic drawings, printed
installation, erection, application, and placing instructions, and other descriptive data
related to the product in order for City to determine if the product is equivalent to the
product listed for approval.
3.12
ENVIRONMENTAL REQUIREMENTS
3.12.1 Contractor covenants and agrees that it shall, at all times during the term of
the Contract, and at its sole cost and expense, comply with and assume sole
responsibility and liability under all environmental laws applicable to use
of or operations at the project site by Contractor, its agents, assigns, and/or
employees. Contractor agrees that should it or any of its agents, assigns, or
employees know of (a) any violation of environmental laws relating to the
project site, or (b) the escape, release, or threatened release of any hazardous
materials in, on, under, or about the project site, Contractor shall promptly
notify City in writing of such, and that it will provide all warnings of
exposure to hazardous materials in, on, under, or about the project site, in
strict compliance with all applicable environmental laws. Further,
Contractor covenants and agrees that it shall at no time use, analyze,
generate, manufacture, produce, transport, store, treat, release, dispose of,
or permit the escape of, or otherwise deposit in, on, under, or about the
project site, any hazardous materials, or permit or allow any of its agents,
assigns, or employees to do so. Prior to use of the project site, Contractor
shall provide City an inventory of all equipment and materials stored and/or
to be stored at the project site.
3.12.2 For purposes of this Contract, hazardous materials shall include but is not
limited to, any and all substances, chemicals, wastes, sewage, or other
materials that are now or hereafter regulated, controlled, or prohibited by
any environmental laws, including, without limitation, any (a) substance
defined as a “hazardous substance”, “extremely hazardous substance”,
“hazardous material”, “hazardous chemical”, “hazardous waste”, “toxic
substance”, or “air pollutant” by federal laws, including, but not limited to,
the Comprehensive Environmental Response, Compensation and Liability
Act, 42 U.S.C. § 9601, et seq.; the Resource Conservation and Recovery
Act, 42 U.S.C. § 6901 et seq.; the Hazardous Materials Transportation Act,
49 U.S.C. § 1801, et seq., the Toxic Substances Control Act, 15 U.S.C. §
2601, et seq., and all amendments thereto or other similar governmental
restrictions; and (b) any chemical, compound, material, substance, or other
matter that: (i) is a flammable explosive, asbestos, radioactive material,
nuclear material, drug, vaccine, bacteria, virus, hazardous waste, toxic
substance, injurious by itself or in combination with other materials; (ii) is
controlled, designated in, or governed by any hazardous materials laws;
24
(iii) gives rise to any reporting, notice, or publication requirements under
any hazardous materials laws; or (iv) gives rise to any liability,
responsibility, or duty on the part of City or Contractor with respect to any
third person under any hazardous materials laws.
3.12.3 In addition, Contractor must comply with the following requirements:
3.12.3.1
Non-pick-up sweepers will not be allowed except as required to
make joints during chip sealing operations.
3.12.3.2
Water flooding of trenches with potable water will not be
permitted.
3.12.3.3
All paints applied by sprayers shall be of a water-based type.
3.12.3.4
Provisions shall be made to prevent the discharge of
construction silt, mud, and debris into City storm drains or
streets.
3.12.3.5
Spills of oil, gas, chemical, or any other hazardous materials
must be reported and removed by approved procedures.
Mitigation measures shall be taken to prevent contamination of
construction storage sites.
3.12.3.6
Concrete waste must be disposed of in an approved location and
at least twenty-five (25) feet from established landscaping.
3.12.3.7
City refuse roll-off containers shall be used on City projects
unless otherwise directed by the City of Tempe Solid Waste
Supervisor. If you should have any questions concerning any of
the requirements or charges, please contact the Solid Waste
Supervisor, at 480-350-8268.
3.12.3.8
Hazardous waste shall not be discharged into City’s sanitary
sewers or storm drainage system. All waste products shall be
disposed of in accordance with applicable regulations.
3.12.3.9
When archaeological features are encountered or unearthed,
Contractor shall promptly report to the Director of the Arizona
State Museum and to City. Excavation shall not resume in the
identified area until approved by City Engineer.
3.12.3.10 Contractor shall take whatever steps, procedures, or means to
prevent abnormal, material spillage, or tracking conditions due
to their construction operations in connection with the Contract.
The dust control measures shall be maintained at all times during
construction of the project, to the satisfaction of City Engineer,
25
in accordance with Rule 200 of the Maricopa County Health
Department Air Pollution Control Regulations, which require
that an Earth Moving Permit be issued, and a Control Plan be
approved prior to commencement of work. Contact Maricopa
County at 602-506-6700 for details.
3.12.3.11 Contractor shall comply with all applicable federal regulations
concerning National Pollutant Discharge Elimination System
(NPDES) permits for storm discharges from construction sites.
3.12.3.12 All materials supplied by Contractor shall be one hundred
percent (100%) asbestos free unless otherwise approved by City.
No additional payment will be made for compliance with the above items.
In addition to the above, the use of new products made with reclaimed
material that meet project specifications is encouraged.
3.13
SAFETY REQUIREMENTS
Contractor shall comply with all applicable federal, state, and local health and
safety regulations, ordinances, and requirements including, but not limited to, the
Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and
all rules, regulations, and orders adopted pursuant thereto.
3.14
HEAT SAFETY STANDARDS FOR OUTDOOR WORKERS
If Contractor's employees or contract workers will perform work under this
Contract in an outdoor environment for a substantial period of time, the Contractor
must have and implement a written plan listing the preventative and proactive
measures that Contractor will take to protect those employees and contract workers
from heat hazards (the "heat safety plan") while performing that work. The City
may request a copy of this heat safety plan and documentation of all heat safety and
mitigation efforts currently implemented by the Contractor to prevent heat-related
illnesses and injuries for work done under this Contract. The heat safety plan must
also be posted where it is accessible to employees.
At a minimum, the heat safety plan must include each of the following elements as
it relates to heat safety:
(1)
The heat safety plan shall address the requirements of Section 13A-102.
(2)
Effective acclimatization practices to promote the physiological adaptation
of employees or contract workers newly assigned or reassigned to work in
an outside environment. An employee who has been newly assigned to a
high heat area shall be closely observed by a supervisor or designee for the
first ten (10) days of the employee's employment. Employers may follow the
26
Arizona Division of Occupational Safety and Health (ADOSH)
acclimatization recommendations, which prescribe starting with twenty
percent (20%) of a normal workload and progressively increasing it by
twenty percent (20%) each subsequent day.
(3)
Close monitoring and observation of employees working in heat, potentially
including a 'buddy system' where employees are partnered together.
(4)
Communication and emergency response protocols: specifically, a means of
communication between supervisors and employees in the event of a heat-
related emergency.
(5)
Training of employees and contract workers, no later than one (1) week prior
to being deployed to work in an outdoor environment, on heat illness and
injury that focuses on environmental and personal risk factors, prevention,
how to recognize and report signs and symptoms of heat illness and injury
and how to report heat illness and injury to emergency medical personnel.
Employees shall receive at least one (1) additional training session annually
thereafter.
(6)
The posting of signage at the job site that contains information, in both
English and Spanish, explaining how to (a) recognize and report signs and
symptoms of heat illness and injury; (b) administer appropriate first aid
measures, and (c) report heat-related illness and injury to emergency medical
personnel. The signage must also include a phone number for reporting heat
violations to OSHA/ADOSH. The signage must also include a phone
number for reporting heat violations to Occupational Safety and Health
Administration (OSHA), Arizona Division of Occupational Safety and
Health (ADOSH). The signage must indicate that reports may be made
anonymously.
(7)
Providing written notification to all employees and contract workers
regarding their new worker protections under this provision. This
notification shall be provided to existing employees and during the
onboarding process for new employees. The notification shall be provided
to each worker in the language preferred by that worker and must be posted
in the workplace. Contractors will incorporate this section in all subcontracts
with subcontractors or other entities or individuals who may perform work
under this Contract, including the requirement that those subcontractors
impose the same obligations under any sub- subcontractors. It is the
obligation of the Contractor to ensure compliance with this provision by its
subcontractors. City may terminate this Contract for failure to comply with
this provision.
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3.15
TRAFFIC CONTROL
3.15.1 All traffic shall be regulated in accordance with the MAG Specifications;
the City of Tempe Traffic Barricade Manual, latest edition; the Manual on
Uniform Traffic Control Devices (MUTCD); and any special provisions
included herein.
At the time of the pre-construction conference, Contractor shall designate
an American Traffic Safety Services Association (ATSSA) certified
individual, who is well qualified and experienced in construction traffic
control and safety, to be responsible for implementing, monitoring, and
altering traffic control measures, as necessary, to ensure that traffic is
carried through the work area in an effective manner and that motorists,
pedestrians, bicyclists, and workers are protected from hazard including, but
not limited to, motor vehicle accidents. City shall designate a representative
who will oversee and monitor Contractor’s agent and enforce City’s
requirements set forth herein. Contractor covenants to give City any
assignment and/or assurances which may be necessary to effect such right
of direct enforcement.
Contractor is solely responsible for, and assumes full liability for, the traffic
control relating to this project. Contractor shall submit a final traffic control
plan to City for its review and approval no less than one (1) week prior to
commencing work under this Contract. Traffic, as referenced herein, shall
include any and all motor vehicles, bicyclists, and pedestrian traffic on
roadways, sidewalks, bicycle paths, alleys, and/or rights of way at, attendant
to, and/or adjacent to the Project.
In the event alteration of traffic control is required for work or services
provided herein, alterations shall be made in accordance with the latest
edition of Part VI of the Manual on Uniform Traffic Control Devices,
“Traffic Control for Streets and Highway Construction and Maintenance
Operations,” or the City of Tempe Traffic Barricade Manual, latest edition.
The most restrictive provision shall apply. Unless identified otherwise in
the Technical Specifications, City will undertake no responsibility or
expenses relating to measurement, payment, or alteration of traffic control.
All costs or expenses related to traffic control shall be considered incidental
to other pay items. Any and all revisions relating to traffic and/or traffic
control shall be submitted to City for review and approval in City’s sole
discretion.
Contractor is solely responsible for any and all loss, damage, replacement,
or repair necessitated to any traffic signal equipment, traffic signal conduit,
and/or circuits, arising from or relating to Contractor’s work or services
performed hereunder. Contractor shall have all repairs performed
immediately at its sole expense by a licensed electrical contractor with
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experience in traffic signal repair, subject to pre-approval by City. Any and
all repairs and/or replacement costs expended by City in this regard shall be
reimbursed by Contractor at twice City’s actual cost.
Contractor shall notify all adjacent or affected residents or businesses at
least forty-eight (48) hours in advance of any street, alley, sidewalk, and/or
driveway closures or modifications, and make suitable arrangements to
have all vehicles moved to a satisfactory location outside the closed area.
Pedestrian access shall be maintained along the length of the project at all
times per the requirements of the Americans with Disabilities Act and as
approved by City. Contractor shall abide by applicable speed limits.
Additional information may be obtained by contacting the City
Transportation Division at 480-350-8219.
3.15.2 Temporary Barricades
Temporary barricades shall be regulated in accordance with the City of
Tempe Traffic Barricade Manual, latest edition.
No additional payment by City will be made to Contractor or its
subcontractor for temporary barricades, unless otherwise specified in the
bid.
3.16
CLEAN-UP
Contractor agrees and covenants to adequately protect the work site, adjacent
property, and the public in all phases of the work and/or services provided herein.
Contractor shall be solely responsible for all damages or injuries due to action or
neglect pursuant to this section. Contractor shall maintain access to all phases of
the project pending inspection by City. Contractor hereby agrees to the following
as to the job site: The project limits shall be cleaned of all trash, debris, construction
materials and equipment at the completion of each workday. No equipment,
vehicles or materials shall be stored on site during non-working hours, holidays or
non-working days unless otherwise approved by the City Engineer or designee. No
payment shall be made for this work; the cost being considered included in other
items of work. All new construction shall be completed withing the right-of-way
or temporary construction easement areas shown on the project plans. Contractor
agrees to continually keep the job site free from debris, waste, and accumulation of
materials; immediately clean up any oil, fuel, or chemical spills and take any and
all remediation necessary; keep machinery clean and free of weeds and debris;
remove all construction stains, smears, and debris from finished surfaces; perform
site preparation to limit the spread of weeds, debris, and other nuisances prior to
submission of final invoice to City; and remove all equipment, materials, tools, and
Contractor’s personal property prior to submission of final invoice to City.
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In accordance with MAG Specifications Section 105, Contractor shall respond
within twenty-four (24) hours after notice by City of any defects and/or
maintenance requests to immediately remedy the condition of the job site. Should
Contractor fail to respond promptly as set forth herein, City shall correct the job
site at the expense of Contractor and recover all attendant costs.
3.17
APPROXIMATE QUANTITIES
It is expressly understood and agreed by the parties hereto that the quantities of the
various classes of work to be done and material to be furnished under this Contract,
which have been estimated, as stated in the Invitation for Bids, are only
approximate and are to be used solely for the purpose of comparing, on a consistent
basis, the bids offered for the work under this Contract. Contractor further agrees
that City will not be held responsible for any claim for damages or for loss of profits
because of a difference between the quantities of the various classes of work as
estimated and the work actually done.
If any error, omission, or misstatement is found to occur in the estimated quantities,
the same shall not invalidate this Contract or release Contractor from the execution
and completion of the whole or any part of the work in accordance with the plans
and specifications herein mentioned, and for the prices herein agreed upon and
fixed therefore, or excuse Contractor from any of the obligations or liabilities
hereunder, or entitle Contractor to any damages or compensation, except as may be
provided for in this Contract.
3.18
ARIZONA 811 & CALL BEFORE YOU DIG
Contractor is required to use Arizona 811, at 602-263-1100, to comply with the
statutory requirements in A.R.S. title 40, chapter 2, article 6.3 (Underground
Facilities); A.R.S. § 40-360.21, et seq., as amended from time to time.
Where railroad property may be impacted, Contractor must also notify and secure
a current Call Before You Dig (CBUD) Ticket at 1-800-336-9193 from Union
Pacific Railroad’s Response Management Communications Center (RMCC), wait
for the site to be marked, respect all markings, and dig with care.
3.19
PROTECTION OF EXISTING FACILITIES
Contractor shall protect all existing facilities during construction or work. Utility
poles that may be affected by construction activities shall be protected and/or
braced by the Contractor. Contractor shall notify the appropriate utility company
or agency of any construction or work that may affect their facilities and state the
course of action which will be taken to protect such facilities.
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3.20
UNDERGROUND UTILITIES
Underground utilities indicated on the plans are in accordance with maps
furnished by City and by each utility company. The locations are approximate
and require verification prior to construction, as mandated by the City of Tempe
Utility Permit and Construction Manual, latest edition, available at
https://www.tempe.gov/government/public-works/engineering/utility-plan-
review-inspection
3.21
RELOCATION OF UTILITIES
All utilities in conflict with the new work will be relocated by the utility company,
except as otherwise provided in the plans and specifications.
3.22
NOTIFICATION OF PROPERTY OWNERS
Contractor shall notify all property owners who may be affected by the proposed
construction activities of the scope and duration of the construction activities at
least forty-eight (48) hours in advance of the start of any work or construction.
3.23
ACCESS
Contractor shall maintain public access to businesses adjacent to the job site at all
times during construction. Where property has more than one access point, no more
than one access point shall be restricted or closed at any one time. If only one
driveway exists, access shall be maintained to at least one-half of the driveway at
all times. Access to adjacent private driveways shall be maintained by Contractor
during all non-working hours.
3.24
UTILITY AND PUBLIC AGENCY CONSTRUCTION CLEARANCE
AGREEMENT
Utilities and other public agencies may require all contractors, if working on their
facilities, to sign a standard form “Construction Clearance Agreement,” or other
form of agreement, prior to issuance of a license. Contractor shall execute the
Construction Clearance Agreement with the utility or public agency, if required,
and furnish a copy to City prior to proceeding with any construction on utility or
public agency facilities. This agreement sets forth the requirements to complete the
proposed work in an allotted time frame or to pay full costs for others to complete.
It also obligates Contractor to comply with all applicable federal, state, and local
laws, rules, regulations, and ordinances including, but not limited to, the OSHA
Permit Required Confined Space rules, as amended.
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3.25
GOVERNMENT APPROVALS AND PERMITS
3.25.1
Unless otherwise provided, Contractor shall obtain all necessary permits,
approvals, and licenses required for the commencement of the work from
any government or quasi-government entity having jurisdiction over the
project at its sole expense. Contractor expressly covenants and agrees that
it will obtain any and all necessary environmental permits and/or file the
necessary environmental notices at its cost prior to undertaking work or
performing services hereunder.
3.25.2
Copies of all permits and notices shall be provided to City prior to starting
any work or performing services pursuant to the permitted activity. This
provision does not constitute an assumption by City of an obligation of
any kind for violation of said permit or notice requirements.
3.25.3
City agrees to be responsible for City’s own review and permit(s) fees for
building and demolition permits only. In addition, City shall bear its own
review fees for grading and drainage, water, sewer, and landscaping. City
may agree to pay utility design fees for permanent services in its sole
discretion. Contractor shall be solely responsible for any and all other
permit(s) and review fees not specifically designated herein.
3.25.4
Contractor is responsible for all costs of water meter(s), water and sewer
taps, fire lines and taps, and all water bills on the project meters until
completion of the project. Arrangements for water at the site or for
construction purposes are the Contractor’s sole responsibility.
3.26
KEY CONTACTS
During the bidding process, any questions shall be submitted to
contractor_support@tempe.gov
Arizona 811
602-263-1100
Call Before You Dig (UPRR)
800-336-9193
3.27
DUST PREVENTION
Contractor shall take all necessary steps to ensure dust-free conditions on property
within the City to the satisfaction of the City Engineer, and fully comply with
A.R.S. § 49-474.06 and Maricopa County Air Pollution Control Rules and
Regulations Rule 200 § 305-306, concerning dust-generating operations as defined
by Maricopa County Rule 310. In any operation where more than one-tenth of an
acre of surface area is disturbed and/or when unpaved onsite haul roads are used,
Contractor shall obtain a Maricopa County dust control permit. Contractor shall
provide assurance that subcontractors used on the dust-generating portion of the
Project are registered with the Maricopa County Air Quality Department and that
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only certified PM-10 efficient street sweepers shall be used to sweep City streets,
as required by Tempe City Code Sec. 26A-25. Contractor shall provide its
subcontractor(s)’ registration number and dust control plan, if applicable, to the
City Engineer prior to engaging in any dust-generating activities. Project related
hauling activities to and/or from storage located on property owned by City shall
be listed on the approved dust control permit and shall be subject to control
measures in the approved dust control plan. When hauling fill or excavation
materials exceeding five thousand (5,000) cubic yards or when the duration of the
haul is more than 14 calendar days, Contractor shall obtain a City haul permit before
the hauling operation begins. Prior to receiving a haul permit, Contractor must
submit the required certificate of insurance, a plan showing the proposed haul
routes, and a complete schedule of the hauling operation to the City Engineer.
All costs associated with the submittal, approval, and implementation of the permit
and dust control plan as approved by Maricopa County Air Quality Department
shall be borne solely by the Contractor. Failure to fully comply with this provision
shall be considered a material breach of the Contract and shall subject the Contract
to termination by the City, in addition to other legal remedies.
3.28 COMPLAINTS FROM THE GENERAL PUBLIC
Contractor shall respond to any and all claims or complaints from the general public
in a reasonable and prompt manner. Information on any complaint shall be reported
to the Project Manager promptly, but in no event more than forty-eight (48) hours
of receipt of complaint.
3.29
SECURE FACILITY ACCESS
Contracts that call for work to be done in any of the City’s secure facilities are
subject to the City’s Secure Facility Access Requirements, which are incorporated
herein.
4.
INSTRUCTION TO BIDDERS
4.1.
SEALED BIDS
All bids MUST be submitted through the City’s PMWeb Software System at:
https://tempe-az.pmweb.com/pmweb/
and must be received by 9:30 a.m. (Arizona time) January 21, 2026. At that time,
bids will be electronically opened, the name of the bidder, the date and time the
submittal was received, and amount of the bid will be publicly read online in an
electronic meeting room. You are required to register as a Plan holder and
receive your login credentials for the City’s PMWeb Software System no later
than two (2) business days prior to the Bid Opening Date. All registered Plan
holders for this project will be provided with a link to this electronic meeting room
the morning of the bid opening. Bids received after the time specified will not be
accepted.
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All bids received, will be opened, documented and posted on the City of Tempe
Engineering
website
within
one
hour
of
the
bid
opening
at
https://www.tempe.gov/government/public-works/engineering/bid-results
The Bidder assumes the responsibility for having the bid submitted on time via the
City’s PMWeb Software System shown above. Users submitting a bid after the
Bid Due Date and Time will not have the ability to submit a bid through the City’s
PMWeb Software System and will not be considered. The Bidder assumes the risk
of any delay in the electronic processing of the Contractor’s submittal through both
parties (Contractor and City) networks. Bidders must allow adequate time to ensure
that the bid is received timely by the City’s PMWeb Software System at
https://tempe-az.pmweb.com/pmweb/ All times referenced are Tempe, Arizona
local times. Bidders agree to accept the time and date that is recorded on the
received bid as the official time.
All documents required as part of the “bid package” shall be completed, scanned in
a PDF format, and added as an attachment through the City’s PMWeb Software
System. Any bid documents received in the .zip format will be rejected by the
City’s server, and the bid will be deemed nonresponsive.
Please see the BIDDER’S CHECK SHEET in the Exhibits section of this Invitation
for Bid.
Each bid shall be accompanied by a scanned copy of a bid guarantee for ten percent
(10%) of the amount of the bid. See the subsection of Instructions to Bidders titled
Bid Security. The bidder must supply the original bid bond upon request.
Each bid shall also be accompanied by the bidder’s current loss history
information from all of the bidder’s insurance carriers. The information
specific to workers’ compensation insurance carriers must include a three-
year (3-year) history of the bidder’s Experience Modification Factor (EMOD)
and its loss ratio.
In addition, each bidder is required to submit an affidavit certifying that its
company and all of its subcontractors, defined as doing work in excess of $100,000
as determined at the start of each project, will have and will continue to have during
the course of the Contract, health insurance in force for all project employees. The
employer must also offer insurance to project employees for their eligible
dependents.
Plans and specifications are available for download from the City of Tempe
Engineering Division at www.tempe.gov/engprojectsbidding When the
documents are downloaded, Contractors are required to register on-line as a
Plan holder to receive notification of project addenda and login credentials to
the City’s PMWeb Software System no later than two (2) business days prior
to the Bid Opening Date. If addenda are issued for this project the City of
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Tempe will attempt to notify plan holders at the email address provided. It is the
Contractor’s sole responsibility to confirm that they have received all addenda
prior to submitting a bid. The City is not responsible for providing notification or
addenda to Contractors.
When it is in the best interests of the City of Tempe, the City may cancel this
solicitation, or may reject any and all bids in whole or in part, or may waive any
informalities in the bids received.
Award will be made, or bids rejected within 60 calendar days after bid opening.
During the bidding process, any questions shall be submitted to
contractor_support@tempe.gov no later than 4:00 p.m., January 14, 2026. Any
questions submitted after this deadline will not be considered.
Anyone wishing to receive future notices through automatic notification by
email
can
register
their
company
name
and
email
address
at
https://email.tempe.gov/requests-for-engineering-bids
4.2.
ADDENDA
Addenda issued prior to the deadline for bidding shall be attached to and made a
part of the Contract. Contractor shall acknowledge receipt of all addenda on the
Competitive Sealed Bid form – (Exhibit 7.2).
4.3.
BID SECURITY
Each bid shall be accompanied by a copy of a bid guarantee for ten percent (10%)
of the amount of the bid, executed in accordance with the requirements of A.R.S. §
34-201, et seq., as amended from time to time. The bid guarantee shall be in the
form of a certified check, cashier’s check, or surety bond. If a surety bond is used,
the bond shall be executed solely by a surety company or companies holding a
certificate of authority to transact surety business in Arizona, issued by the director
of the department of insurance pursuant to Arizona Revised Statutes, title 20,
chapter 2, article 1, as amended from time to time. The surety bond shall not be
executed by an individual surety or sureties, even if the requirements of A.R.S. §
7-101 are satisfied. Additionally, the City requires that a bonding company,
liability insurance carrier, or excess insurance carrier issuing a surety bond have a
Financial Strength Rating of A- or better and a Financial Size Category of VII or
higher, as listed in the most recent “Best’s Key Rating Guide – Property/Casualty,”
published by A.M. Best Company.
Original bid guarantees shall be available upon request by the City.
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4.4.
BIDS
Bids shall be properly executed upon the Competitive Sealed Bid Forms attached
and made a part of this Contract. The completed forms shall be without
interlineations, alterations, or erasures. Unit prices should be rounded to the nearest
whole cent (two spaces behind the decimal point). In case of an error in the
extension of unit prices and the totals, the unit price shall govern.
Bids shall not contain any recapitulations of the work to be done. Alternative bids
will not be considered except as called for. No oral or electronic bids or
modifications will be considered.
4.5.
IRREGULAR BIDS
Bids may be considered irregular and may be rejected if any of the unit prices
quoted in the bidding schedule are unbalanced, either above or below the amount
of a reasonable bid price, to the potential detriment of City.
4.6.
BIDDING PHASE REQUIREMENTS
4.6.1. Pursuant to A.R.S. § 1-502, any individual/sole proprietor (unincorporated
business) who responds to this Invitation for Bids by signing the
Competitive Sealed Bid Forms shall also sign a sworn Affidavit
Demonstrating Lawful Presence in the United States see (Exhibit 7.13) and
present a photocopy of one of the documents listed on the affidavit to verify
lawful presence in the United States. Failure to sign said affidavit and
present one of the listed documents shall result in rejection of the bid.
4.6.2. Each bid package shall be accompanied, with the bidder’s current loss
history information from all of the bidder’s insurance carriers as a separate
pdf document. The information specific to workers’ compensation
insurance carriers must include a three-year (3-year) history of the bidder’s
Experience Modification Factor (EMOD) and its loss ratio. This
information must be provided with the bidder’s proposal.
4.7.
PRE-CONTRACT AWARD REQUIREMENTS
4.7.1. Contractor shall provide a copy of its written health and safety program and
any required employee training records or certificates.
4.7.2. Taxes. All applicable taxes due and owing by Contractor and all
subcontractors shall be considered by City in determining award. At all
times, the determination of applicable taxes and rates, and remitting taxes
owed, shall be the sole responsibility of Contractor.
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It is the sole responsibility of the Contractor and any subcontractors to
obtain a Letter of Good Standing from the Arizona Department of
Revenue
prior
to
Contract
award.
Go
to
https://azdor.gov/forms/collections-forms/tax-clearance-application
and obtain directions regarding how to submit for the Letter of Good
Standing. Submit a copy of the Letter of Good Standing to
contractor_support@tempe.gov The Letter of Good Standing must
have been issued within the last 90 calendar days from the award date
of the contract. Contractor must complete (Exhibit 7.5).
In the event a “denial” letter is received from the Arizona Department of
Revenue, should any taxes owed by Contractor, or any subcontractors not
be remitted in full prior to Contract award along with the receipt of a Letter
of Good Standing from Contractor and each subcontractor, the bid shall be
considered non-responsive and rejected by the City.
4.8.
BID QUANTITIES
The quantities listed in the specifications are for bid purposes. The actual quantities
provided to Contractor may be adjusted to accommodate field requirements.
4.9.
PROTEST PROCEDURE
A bidder or contractor who believes they are aggrieved in connection with the
City’s solicitation or award of a contract may file a protest with the Engineering
Division procurement office, as set forth in Section 26A-21 of the Tempe City
Code.
5.
EVALUATION AND AWARD
5.1.
AWARD AND EXECUTION OF CONTRACT
Except as provided herein to the contrary, the respective rights and remedies of the
parties to this Contract shall be cumulative and in addition to any rights and
remedies not specified in this Contract. It is understood that there are no oral or
written agreements or representations between the parties hereto affecting this
Contract, and that this Contract supersedes any and all prior negotiations,
arrangements, representations, and understandings between the parties. No
provision of this Contract may be amended except by an agreement in writing
signed by City. This Contract, including exhibits and attachments attached hereto,
signed by City and Contractor, constitutes the entire agreement between the parties.
This Contract shall be in full force and effect only when executed by the duly
authorized City officials and the duly authorized agent of Contractor.
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Contractor shall execute the Contract and all exhibits and attachments thereto,
counterparts permitted, within ten calendar days after being given formal notice of
award of the Contract.
Contractor’s failure to execute this Contract and to file satisfactory contract bonds
and insurance certificates as provided herein within ten (10) calendar days after
being given formal notice of Contract award shall result in immediate cancellation
of the award.
5.2.
PLANS TO THE SUCCESSFUL BIDDER
The successful bidder may obtain 7 sets of plans and specifications for this project
from the office of City Engineer, at no cost.
5.3.
ISSUANCE OF THE NOTICE TO PROCEED
Notwithstanding unforeseeable circumstances, the Notice to Proceed shall be
issued by City within 60 calendar days of contract award.
6.
GENERAL TERMS AND CONDITIONS
6.1.
LIQUIDATED DAMAGES
Unless otherwise specified, liquidated damages will be applied in accordance with
MAG Specifications 108.9. Completion of the work as stated in this Contract is
the same as completion of the work as stated in MAG Specifications 108.9.
Damages will be applied at the amounts specified in MAG Specifications Table
108-1.
6.2.
ESCROW AND HOLDBACK
In the event of a dispute arising under this Contract that is not summarily resolved
by the parties concerning any withholding or nonpayment of funds by the City, the
parties agree that said disputed funds may be held back and placed into a neutral
escrow account, in the form of an interest-bearing savings account, until the dispute
is resolved. By signing this Contract, Contractor acknowledges and agrees to the
deposit of any and all disputed funds into an escrow account into the financial
institution of the City’s election.
Except as to those amounts withheld, at City’s direction, the balance of the funds
shall be paid to Contractor or subcontractor(s), as set forth by Arizona law. Any
funds remitted to City in excess of the amount allowed by statute will be reimbursed
to Contractor. In no event shall City be liable to Contractor for damages resulting
from a claimed loss due to payment of the excess funds or due to a delay in
reimbursing the excess payment.
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Once per calendar month, the financial institution shall furnish the City and
Contractor with a statement reflecting the funds held as of the last day of the
preceding calendar month and showing the transactions for that prior month. At
the request of Contractor or City, the financial institution shall furnish both parties
with an interim statement showing funds held as of the 25th day of the most recent
month or, if a non-business day, the following business day of that month.
Contractor acknowledges and agrees that all fees, costs, and charges imposed by
any financial institution in connection with the maintenance and administration of
the disputed funds shall be charged to, and paid by, Contractor. The funds shall be
free of any claim for such fees, costs, or charges. However, the financial institution
may obtain payment for any such accrued fees, costs, and charges owed by
Contractor related to said funds out of available interest earned on the funds or
deduct the same from any funds to be paid to Contractor, according to written
disbursement instructions from City.
The parties acknowledge and agree that in the event of no resolution between the
parties concerning distribution of the disputed funds, the funds may be interplead
in a court of competent jurisdiction in Maricopa County, Arizona.
It is understood that financial institution shall not be deemed liable, nor responsible,
for the collectability of any funds assigned or held in connection with this provision.
6.3.
TERMINATION
In addition to MAG Specifications 108.11, City, at its sole discretion, may
terminate this Contract for convenience or abandon any portion of the project for
which services have not been performed by Contractor, upon fourteen (14) calendar
days’ written notice delivered to Contractor personally or by certified mail.
Immediately after receiving such notice, Contractor shall discontinue advancing the
services under this Contract and proceed to close said operations under this
Contract. Contractor shall appraise the services it has completed and submit an
appraisal to City for evaluation. City shall have the right to inspect and approve
Contractor’s work to appraise the services completed.
Contractor shall deliver to City all drawings, special provisions, field survey notes,
reports, estimates, and any and all other documents or work product generated by
Contractor under the Contract, entirely or partially completed, together with all
unused materials supplied by City.
In the event of such termination or abandonment, Contractor shall be paid for
services approved and accepted by City that Contractor performed prior to receipt
of said notice of termination, including reimbursable expenses previously incurred.
If the remuneration scheduled hereunder is based upon a fixed fee or definitely
ascertainable sum, the portion of such sum payable shall be proportionate to the
39
percentage of work completed, as reviewed and approved by City, based upon the
scope of work. However, in no event shall the fee exceed the full cost of the
Contract.
If City terminates or abandons the Contract, City shall make final payment within
60 calendar days after Contractor has delivered the last of the completed items and
City has approved and determined the final fee.
In the event this Contract is terminated or abandoned prior to completion, City may
complete the work, or enter into a Contract with another party for the remaining
work.
In no event shall the City be obligated, liable, or responsible for performance of the
obligations set forth herein, any provision of this Contract, or any expenses incurred
by Contractor in securing this Contract (including, but not limited to, purchasing
insurance coverage, performance bonds, or other security), at any time, including
prior to or following City Council’s approval of this Contract, should funds not be
appropriated by the City through its Council or staff, in order to complete the
Project. In the event that funds are not appropriated to meet or complete this
Contract, then City shall immediately provide notice to Contractor of such non-
allocation and terminate the Contract. City shall incur no resulting liabilities or
penalties for termination under this Section.
This Contract may be terminated pursuant to A.R.S. § 38-511.
6.4.
DEFAULT PROVISIONS
Contractor shall be deemed in default under this Contract upon the occurrence of
any of the following events:
6.4.1. Contractor provides material that does not meet the specifications of the
Contract and fails to cure such non-performance within 14 calendar days
after written notice from City;
6.4.2. Contractor fails to adequately perform the services set forth in the plans and
specifications of and fails to cure such non-performance within 14 calendar
days after written notice from City;
6.4.3. Contractor fails to complete the work required or furnish the materials
required within the time stipulated in the Contract and fails to cure such
non-performance within 14 calendar days after written notice from City;
6.4.4. Contractor fails to make progress in the performance of the Contract and/or
gives City reason to believe that Contractor will not or cannot perform the
requirements of the Contract and fails to cure such non-performance within
14 calendar days after written notice from City;
40
6.4.5. Contractor fails to perform any other term or condition of this Contract and
fails to cure such non-performance within 14 calendar days after written
notice from City.
In the case of default, City may terminate the Contract, in whole or in part, and/or
may resort to any other remedy as provided by law. City may also perform any test
or analysis on materials for compliance with the specifications of the Contract.
Contractor shall pay the actual expense of testing if the results of any test or analysis
indicate a material to be non-compliant with the specifications.
6.5.
WARRANTY
Contractor warrants to City that the construction, including all materials and
equipment furnished as part of the construction, shall be new, unless otherwise
specified in the Specifications and Contract; of good quality; in conformance with
the Specifications; and free of defects in materials and workmanship. Contractor’s
warranty obligation excludes defects caused by abuse, alterations, or unreasonable
failure to maintain the construction by persons other than Contractor,
Subcontractors, or others under Contractor’s control. Nothing in this warranty shall
limit any manufacturer’s warranty which provides City with greater warranty rights
than set forth herein. Contractor will provide City with all manufacturers’
warranties and operation and maintenance manuals upon substantial completion of
the work. Contractor’s warranty shall be for one (1) year and will commence for
all portions of the work upon final acceptance of the entire work as determined by
City under the Contract. All statutory or other warranties, express or implied,
related to latent defects will remain in force and are not limited by this provision.
6.6.
OWNERSHIP OF DOCUMENTS / INFRINGEMENT OF PATENT OR
COPYRIGHT
All work products (electronically or manually generated) including, but not limited
to, plans, specifications, cost estimates, tracings, studies, design analyses, original
mylar drawings, computer aided drafting and design (CADD) file diskettes which
reflect all final drawings, and other related products which are prepared in the
performance of this Contract, are the property of City and are to be delivered to
City before the final payment is made to Contractor. City shall retain ownership of
these original drawings, however, if approved in writing by City, Contractor may
retain the original drawings and supply City with reproducible copies. Contractor
shall endorse by their professional seal all plans and special provisions furnished
by them.
In the event these documents are used for another project without further
consultation with Contractor, City agrees to indemnify and hold Contractor
harmless from any claim arising from the reuse of the documents. City shall
remove Contractor’s seal and title block from such documents.
41
Contractor agrees to save, keep, hold harmless, and fully indemnify City, and any
of its officers, officials, employees, and agents, from any and all damages, costs, or
expenses, in law or equity, that may at any time arise out of any infringement of the
patent right, copyright, or trademark of any person, persons, or entity in
consequence of use by City, or by any of its officers, officials, employees, or agents,
of materials supplied by Contractor, and of which Contractor is not a patentee or
signee or lawfully entitled to sell the same.
Contractor agrees to indemnify and hold harmless City and its officers, officials,
employees, and agents from any and all license, royalty, and proprietary fees or
costs, including legal costs, which may arise out of City’s purchase and use of
goods supplied by Contractor.
It is expressly agreed by Contractor that these covenants are irrevocable and
perpetual.
6.7.
COMPLIANCE WITH STATE AND FEDERAL LAWS
6.7.1. Specially Designated Nationals and Blocked Persons List. Contractor
represents and warrants to City that neither Contractor nor any affiliate or
representative of Contractor (i) is listed on the Specially Designated
Nationals and Blocked Persons List maintained by the Office of Foreign
Asset Control, Department of the Treasury (OFAC) pursuant to Executive
Order No. 13224, 66 Fed. Reg. 49079 (“Order”); (ii) is listed on any other
list of terrorists or terrorist organizations maintained pursuant to the Order,
the rules and regulations of OFAC or any other applicable requirements
contained in any enabling legislation or other related Order(s); (iii) is
engaged in activities prohibited in the Order; or (iv) has been convicted,
pleaded nolo contendre, indicted, arraigned, or custodially detained on
charges involving money laundering or predicate crimes to money
laundering.
6.7.2. Employment Laws. Contractor agrees and covenants that it will comply
with any and all applicable governmental restrictions, regulations, and rules
of duly constituted authorities having jurisdiction insofar as the
performance of the work and services pursuant to the Contract, and all
applicable safety and employment laws, rules, and regulations, including,
but not limited to, the Fair Labor Standards Act, the Walsh-Healey Act, and
the Legal Arizona Workers Act (LAWA), and all amendments thereto,
along with all attendant laws, rules, and regulations. Contractor
acknowledges that a breach of this warranty is a material breach of this
Contract, and that Contractor is subject to penalties for violation(s) of this
provision, including termination of this Contract. City retains the right to
inspect the documents of any and all contractors, subcontractors, and sub-
subcontractors performing work and/or services relating to the Contract to
42
ensure compliance with this warranty. Any and all costs associated with
City inspection are the sole responsibility of Contractor. Contractor hereby
agrees to indemnify, defend, and hold City harmless for, from, and against
all losses and liabilities arising from any and all violations thereof.
6.7.3. Equal Opportunity. City is an equal opportunity, affirmative action
employer. Contractor hereby covenants that it shall not discriminate
unlawfully against any employee or applicant for employment, nor shall it
deny the benefits of this Contract, to any person on the basis of race, color,
creed, religion, ancestry, national origin, physical or mental disability, age,
sex, gender, sexual orientation, gender identity, marital status, or veteran
status, with regard to discharging obligations under this Contract. Contractor
covenants and agrees that it will comply in all respects with the applicable
provisions of Executive Order 11246, Title VII of the Civil Rights Act of
1964, the Americans with Disabilities Act, the Age Discrimination in
Employment Act, the Vietnam Era Veterans’ Readjustment Assistance Act,
the Rehabilitation Act, and any other applicable state and federal statutes
governing equal opportunity. Contractor agrees to post hereinafter in
conspicuous places, available for employees and applicants for
employment, notices to be provided by the contracting officer setting for
the provisions of this clause.
6.7.4. Federal Employer Sanctions Law. Contractor understands and
acknowledges the applicability of the Federal Employment Eligibility
Verification Requirements (“Requirements”), including, but not limited to,
Executive Order 12989, Federal Acquisition Regulation E-Verify clause
(73 F.R. 67704), and 8 U.S.C. § 1324, et seq., as amended from time to
time. Contractor warrants current compliance with these and all Federal
immigration laws and regulations that relate to their employees, on behalf
of the Contractor and all of its subcontractors, including the use of E-Verify
to confirm the employment eligibility of all persons hired during a Contract
term and current employees performing under the Contract within the
United States. Should the Requirements conflict with any applicable state
laws or regulations as referenced in 6.7.2., the Requirements shall prevail.
6.7.5. Boycott. Contractor certifies that it is not currently engaged in and agrees for
the duration of this Contract/Agreement that it will not engage in, a boycott of
Israel, as that term is defined in A.R.S. § 35-393.
6.7.6. Compliance with Ariz. Rev. Stat. § 35-394. Contractor hereby certifies
that it does not currently, and agrees for the duration of this Agreement, that
Contractor will not, use: 1. The forced labor of ethnic Uyghurs in the
People’s Republic of China; 2. Any goods or services produced by the
forced labor of ethnic Uyghurs in the People’s Republic of China; or 3. Any
contractors, subcontractors or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the
43
People’s Republic of China. Contractor hereby agrees to indemnify and
hold harmless the City, its officials, employees, and agents from any claims
or causes of action relating to the City’s action based upon reliance upon
this representation, including the payment of all costs and attorney fees
incurred by the City in defending such as action.
Contractor further agrees to include the provisions of this section in any and
all subcontracts hereunder. Any violation of such provisions shall
constitute a material breach of this Contract.
6.7.7. Burial and Cultural Discoveries. Personnel working on projects
involving ground-disturbing activity are required to comply with the Salt
River Pima-Maricopa Indian Community (SRPMIC) Statement on Burials
and Cultural Resource Discoveries (the “Statement”), a copy of which can
be obtained from the City of Tempe Historical Preservation Office upon
request at 480-350-8870. To comply with the Statement, Contractor and
its’ agents are prohibited from publicly releasing information about
archeological findings or recording (through photos, video, or other
imaging) archaeological resources, including human remains, funerary
objects, or other discoveries.
6.8.
ANTIDISCRIMINATION
Contractor shall not refuse to hire or employ or bar or discharge from employment
any person, or discriminate against such person in compensation, conditions, or
privileges of employment because of race, color, gender, gender identity, sexual
orientation, religion, national origin, familial status, age, disability, or United States
military veteran status. Contractor shall provide a copy of its antidiscrimination
policy to City to confirm compliance with this requirement or attest in writing to
compliance based upon criteria outlined in (Exhibit 7.14).
6.9.
JURISDICTION
This Contract will be deemed to be made under and will be construed in accordance
with and governed by, the laws of the State of Arizona, without regard to the
conflicts or choice of law provisions. An action to enforce any provision of this
Contract or to obtain any remedy with respect hereto will be brought in the Superior
Court of Arizona in and for Maricopa County, and for this purpose, each party
hereby expressly and irrevocably consents to the jurisdiction and venue of such
court.
6.10. DISPUTE RESOLUTION
The parties may mutually agree to submit any dispute arising under this Contract
to binding arbitration, conducted by a sole arbitrator mutually agreed upon by the
parties, to hear and render a decision to resolve said dispute. The arbitration shall
44
be held in Tempe, Arizona, subject to the laws of the State of Arizona. Each party
shall bear its own costs and attorney’s fees. A decision shall be made by the
arbitrator within seven calendar days of the arbitration hearing.
6.11. SUCCESSORS AND ASSIGNS
This Contract shall not be assignable except at the written consent of City, and it
shall extend to and be binding upon the heirs, executors, administrators, successors,
and assigns of the parties hereto.
6.12. NON-WAIVER
The failure of either party to enforce any of the provisions of this Contract, or to
require performance by the other party of any of the provisions of this Contract,
will not be construed as a waiver of such provisions, nor will it affect the validity
of this Contract or any part thereof or the right of either party to thereafter enforce
each provision.
6.13. SURVIVAL
All warranties, representations, and indemnifications by Contractor will survive the
completion or termination of this Contract.
6.14. SEVERABILITY
If any provision of this Contract or the application thereof to any person or
circumstance is held invalid, illegal, or unenforceable to any extent, the remainder
of this Contract and the application thereof will not be affected and will be
enforceable to the fullest extent permitted by law.
6.15. INTEGRATION
This Contract contains the full agreement of the parties hereto. Any prior or
contemporaneous written or oral agreement between the parties regarding the
subject matter hereof is merged and superseded hereby.
6.16. TIME IS OF THE ESSENCE
Time of each of the terms, covenants, and conditions of this Contract is hereby
expressly made of the essence.
6.17. THIRD PARTY BENEFICIARY
This Contract will not be construed to give any rights or benefits in the Contract to
anyone other than City and Contractor. All duties and responsibilities undertaken
45
pursuant to this Contract will be for the sole and exclusive benefit of City and
Contractor and not for the benefit of any other party.
6.18. CONFLICT OF INTEREST
Contractor agrees to disclose any financial or economic interest with the project
property, or any property affected by the project, existing prior to the execution of
this Contract. Further, Contractor agrees to disclose any financial or economic
interest with the project property, or any property affected by the project, if
Contractor gains such interest during the course of this Contract.
Contractor’s gains of financial or economic interest in the project during the course
of this Contract may be grounds for terminating this Contract. Any decision to
terminate the Contract shall be at the sole discretion of City.
Contractor shall not engage the services, on this Contract, of any present or former
City employee who was involved as a decision maker in the selection or approval
processes, or who negotiated or approved billings or Contract modifications for this
Contract.
6.19. COOPERATION AND FURTHER DOCUMENTATION
Contractor agrees to provide City such duly executed documents as may be
reasonably requested by City to implement the intent of this Contract.
This Contract shall be in full force and effect only when it has been approved by
the City Council of the City of Tempe, Arizona, and when executed by the duly
authorized City officials and the duly authorized agent of Contractor.
6.20. UNAUTHORIZED FIREARMS & EXPLOSIVES
No person conducting business on City property shall carry a firearm or explosive
of any type. This requirement shall also apply to persons who maintain a concealed
weapons permit.
46
6.21. NOTICES TO CITY ENGINEER
All notices to the City relating to this Contract should be sent to the following
individual, who is also the administrator of this Contract.
Wastewater Collection System Rehabilitation-2025
Jodie Inman, P.E.
Deputy Public Works Director/City Engineer
Public Works Department
Engineering Division
31 E. Fifth Street, Mail Stop 01-8
Tempe, Arizona 85281
480-350-8817
6.22. NOTICES TO CONTRACTOR
(To be completed by successful bidder)
Printed Name of Signatory
Company Name: _____________________________________
Address: ____________________________________________
______________________________________________
Phone:
Email:
6.23. GIS DATA DISCLAIMER
THE CITY OF TEMPE DOES NOT WARRANT THE ACCURACY,
COMPLETENESS, CONDITION, SUITABILITY, PERFORMANCE, OR
CURRENCY OF THE GIS DATA PROVIDED UNDER THIS CONTRACT.
AREAS DEPICTED BY GIS DATA ARE APPROXIMATE, AND NOT
GUARANTEED TO BE ACCURATE TO STANDARDS FOR MAPPING,
SURVEYING, OR ENGINEERING. THIS DATA IS FOR ILLUSTRATIVE
PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR SITE-
SPECIFIC PURPOSES. THE DATA HEREIN IS SUBJECT TO
CONSTANT CHANGE AND MAY NOT BE COMPLETE, ACCURATE, OR
UP-TO-DATE. THE CITY OF TEMPE IN NO WAY ASSUMES LIABILITY
OR RESPONSIBILITY FOR ANY INCORRECT DATA OR ANY
INFORMATION
PROVIDED
HEREIN.
THE
CONTRACTOR
47
ACKNOWLEDGES AND AGREES THAT THE CITY OF TEMPE
ASSUMES NO LIABILITY FOR DAMAGES INCURRED DIRECTLY OR
INDIRECTLY RESULTING FROM INCOMPLETE, INCORRECT, OR
MISSING INFORMATION; INCLUDING ANY DIRECT, INDIRECT,
SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED OR
UNDER ANY THEORY OF LIABILITY, WHETHER IN TORT,
CONTRACT, STRICT LIABILITY, OR OTHERWISE. BY WAY OF THE
SIGNATURE ON THIS CONTRACT, THE CONTRACTOR ASSUMES
ALL LIABILITY FOR ANY AND ALL DEPENDENCE AND/OR
RELIANCE UPON THIS INFORMATION AND ASSUMES ALL
RESPONSIBILITY RELATING THERETO. ANY AND ALL EXPRESSED
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PURPOSE ARE SPECIFICALLY AND EXPRESSLY DISCLAIMED.
CONTRACTOR SHOULD NOT RELY UPON THE GIS DATA WITHOUT
PROPER FIELD VERIFICATION FOR ANY PURPOSE.
6.24. AMENDMENT OF CONTRACT
No supplement, modification, or amendment of any term of this Contract will be
deemed binding or effective unless in writing and signed by the parties hereto and
in conformation with provisions of this Contract except as expressly provided
herein to the contrary.
The Contract may not be changed, altered, or amended in any way except in writing
signed by duly authorized representatives of Contractor and City. Contractor shall
maintain a Certification by the Contractor Authorizing Employees to Sign Binding
Agreements on file with the City. That Certification shall identify all individuals
authorized by Contractor to execute documents necessary to carry out the terms of
this Contract or to amend this Contract.
If the Contractor already has a Certification on file with the City, that Certification,
along with any future amendments, is incorporated herein by reference. If the
contractor does not already have a Certification on file with the City, it shall submit
one with the City upon receipt of a Notice to Proceed, and that Certification, along
with any future amendments, shall be incorporated herein by reference. In either
case, Contractor agrees that the individuals listed on its most recent Certification
by the Contractor Authorizing Employees to Sign Binding Agreements shall have
authority to execute documents necessary to carry out the terms of the Contract or
to amend this Contract.
6.25. LABOR
Contractor agrees and covenants to use only licensed contractors and
subcontractor(s) in the making and/or installation of any and all repairs, alterations,
improvements, or other work of Contractor on the Project. Contractor shall be
48
liable to City for any losses and liabilities associated with any violation of this
provision, and the Contract shall immediately be terminated upon any violation by
Contractor.
6.26. NON-APPROPRIATION OF FUNDS OR NON-FUNDING
City is a government agency that relies upon appropriation of funds by its governing
body to satisfy its obligations. In the event that (1) funds are not appropriated by
the City Council to perform the Work; or (2) funds appropriated or otherwise
allocated to perform the Work become unavailable for payment by City under this
Contract, City may either (a) cancel this Contract without further obligation of City;
or (b) delay the Work for a period of six (6) months, In case of any such delay by
City, Consultant/Contractor may suspend performance of work or services as
applicable. The parties retain all rights available under this Contract to the extent
permitted under Arizona law, in the event of termination or cancellation of this
Contract due to lack of funding on the part of the City.
6.27. PUBLIC RECORDS
The City is a public entity subject to the provisions of the Arizona Public Records
Law, A.R.S. § 39-121, et seq. (“Law”). Some or all of the information contained
within the Contract and related documents constitutes a public record that the City
may be required to disclose to other persons or entities. In the event of receipt of a
public records request by the City, Contractor must provide verification that its
document falls under the exception to the Law in order to contest disclosure of said
document. In the event of Contractor contesting disclosure, said document shall be
submitted to a court of competent jurisdiction for an in-camera review and
determination, at Contractor’s sole expense.
6.28. COUNTERPARTS
This Contract may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which when taken together shall constitute one and
the same instrument, and it shall not be necessary that any single counterpart bear
the signature of all parties.
6.29. RECORD RETENTION
Contractor agrees to retain all records relating to the Contract pursuant to A.R.S. §
35-214, as amended from time to time. Contractor agrees to make those records
available at all reasonable times for inspection and audit by City during the term of
the Contract and for a period of five (5) years after the completion of the Contract.
The records shall be provided at City Public Works Department, Engineering
Division, Tempe, Arizona, or another location designated by City upon reasonable
notice to Contractor.
49
6.30. DRUG-FREE WORKPLACE
The Contractor is hereby advised that the City has adopted a policy establishing a
drug-free workplace for itself and as a requirement for sellers/Contractors doing
business with the City to ensure the safety and health of employees working on City
license agreements, contracts, and/or projects. The Contractor agrees to require a
drug-free workplace for all employees working under this Contract. Specifically,
all employees of the Contractor who are performing work under this Contract shall
be notified, in writing, by the Contractor that they are prohibited from the
manufacture, distribution, dispensation, possession, or unlawful use of a controlled
substance in the workplace or work site. Any violation of this section constitutes a
material breach of this Contract.
50
7
EXHIBITS
The parties agree that all references to this Contract include all exhibits designated in and
attached to this Contract, such exhibits being incorporated into and made an integral part
of this Contract for all purposes.
7.1
BIDDER’S CHECK SHEET
7.2
COMPETITIVE SEALED BID FORMS
7.3
COMPETITIVE SEALED BID CERTIFICATION FORM
7.4
BIDDER’S PROJECT REFERENCES
7.5
ACKNOWLEDGEMENT REGARDING LETTER OF GOOD STANDING
7.6
CERTIFICATION BY THE CONTRACTOR AUTHORIZING
EMPLOYEES TO SIGN BINDING AGREEMENTS
7.7
PERFORMANCE BOND FORM
7.8
PAYMENT BOND FORM
7.9
CONDITIONAL WAIVER AND RELEASE FOR CONTRACTOR’S
PAYMENT AND SETTLEMENT OF CLAIMS
7.10
AFFIDAVIT OF GENERAL CONTRACTOR / PRIME CONSULTANT
REGARDING HEALTH INSURANCE
7.11
GUIDELINES FOR IMPLEMENTATION OF HEALTH INSURANCE
7.12
PROMPT PAYMENT REQUIREMENTS
7.13
AFFIDAVIT DEMONSTRATING LAWFUL PRESENCE IN THE UNITED
STATES
7.14
COMPLIANCE WITH TEMPE CITY CODE ON
ANTIDISCRIMINATION
7.15
CITY ENGINEERING SECURE FACILITIES ACCESS GUIDELINES
7.16
LIST OF SUB-CONTRACTORS
[SIGNATURE PAGE TO FOLLOW]
51
SIGNATURE PAGE
Wastewater Collection System Rehabilitation-2025
Project No. 3221025
DATED this 26th day of March 2026.
CITY OF TEMPE, ARIZONA
By:
Corey D. Woods, Mayor
By:
Public Works Director
ATTEST:
Recommended By:
Kara A. DeArrastia, City Clerk
Deputy Public Works Director/
City Engineer
APPROVED AS TO FORM:
Eric C. Anderson, City Attorney
Contractor warrants that the person who is signing this Contract on behalf of Contractor is
authorized to do so and to execute all other documents necessary to carry out the terms of this
Contract.
CONTRACTOR:
Signature
Printed Name
Title
_________________________________
Email Address
Federal I.D. No./Tax Payer I.D. No.
7.1.
BIDDER’S CHECK SHEET
This check sheet lists the items a bidder must include with its sealed bid.
Included
10% Bid Guarantee (see Invitation for Bids Section 4.3.)
□
EMOD and Loss Ratio Information (see Invitation for Bids Section 4.6.2.)
□
(attach as separate pdf document)
Heat Safety Plan (see Invitation for Bids Section 3.15.)
□
(attach as separate pdf document)
Exhibit 7.2.
Competitive Sealed Bid Forms (Confirm receipt of Addenda)
□
Exhibit 7.3.
Competitive Sealed Bid Certification Form
□
Exhibit 7.4.
Bidder’s Project References
□
Exhibit 7.5.
Acknowledgement regarding Letter of Good Standing
□
Exhibit 7.10. Bidder’s Affidavit Regarding Health Insurance
□
Exhibit 7.13. Bidder’s Affidavit Demonstrating Lawful Presence
in the United States
(see Invitation for Bids Section 4.6.1, include if applicable)
□
Exhibit 7.16. List of Sub-contractors
(if there are no sub-contractors, submit form with “Not Applicable”)
□
NOTE: THE BIDDER IS SOLELY RESPONSIBLE FOR SUBMITTING WITH ITS BID
ALL ITEMS REQUIRED BY THIS INVITATION FOR BID DOCUMENT. THIS CHECK
SHEET IS PROVIDED SOLELY TO AID THE BIDDER IN PREPARING ITS BID
SUBMITTAL AND SHALL NOT BE CONSTRUED AS IMPOSING RESPONSIBILITY
ON THE PART OF THE CITY OF TEMPE.
Chandler
Maricopa
Line #
Unit Price
1
$106.50
2
$48.25
3
$358.50
4
$59.00
5
$54.55
6
$25,328.00
7
$37,294.00
8
$3,170.00
9
$265.50
10
$791.05
11
$889.00
12
$3.06
13
$41.67
14
$7.00
15
$87.00
16
$1,848.25
17
$178.00
18
$60,229.00
19
$12,261.25
20
$241,973.61
21
$131.75
22
$2,575.00
23
$42.25
24
$258.00
25
$75,000.00
26
$10,000.00
Procurement #:
001
Company:
Achen-Gardner Construction, L.L.C.
Bid Date:
1/21/2026
Contact:
David Maximoff
City of Tempe
Project:
3221025 - Wastewater Collection System Rehabilitation - 2025
Bid #:
10293
Bid Category:
Non Federal
Details
Description
UOM
Bid Quantity
Total Amount
Remove & Replace Concrete Sidewalk
SF
126.00
$6,079.50
Remove & Replace AC Pavement
SY
549.00
$58,468.50
Remove & Replace Landscaping
SF
100.00
$5,900.00
Remove & Replace Concrete Vertical Curb & Gutter
LF
10.00
$3,585.00
Install 48-inch Diameter Sanitary Sewer Access Manhole
EA
1.00
$25,328.00
Remove & Replace Directional Sidewalk Ramp
SF
220.00
$12,001.00
Remove Top of Pipe
EA
1.00
$3,170.00
Mobilization/Demobilization
LS
1.00
$37,294.00
Relocate Cross Bore Utility
LF
80.00
$63,284.00
Remove Sanitary Sewer Pipe
LF
54.00
$14,337.00
Clean Existing 8-inch, 10-inch & 12-inch Diameter Sanitary Sewer Pipe
LF
7,610.00
$23,286.60
Install 8-inch Sanitary Sewer Pipe
LF
48.00
$42,672.00
Pre & Post Pipe Rehabilitation CCTV Inspection
LF
15,220.00
$106,540.00
Mechanically Clean Ductile Iron Pipe
LF
90.00
$3,750.30
Install Lateral Seal Connection
EA
30.00
$55,447.50
Install 8-inch CIPP Liner
LF
4,833.00
$420,471.00
Mobilization/Demobilization
LS
1.00
$60,229.00
Install Fiber Reinforced Polymer Wrap
SF
80.00
$14,240.00
Provide, Operate, & Remove Bypass Pumping & Piping System
LS
1.00
$241,973.61
Remove & Replace Manhole Frame, Cover, & Chimney
EA
2.00
$24,522.50
Install 60-inch Diameter Composite Manhole Insert
VF
53.00
$136,475.00
Clean & Apply FRP to Manhole Base
SF
200.00
$26,350.00
Post Access Manhole Rehabilitation CCTV
EA
8.00
$2,064.00
Clean & Epoxy Coat Sanitary Sewer Access Manhole
SF
684.00
$28,899.00
Uniformed Off-Duty Police Officer
AL
1.00
$10,000.00
Traffic Control
AL
1.00
$75,000.00
$1,501,367.51
Total Base Bid:
PMWeb
7.6.
CERTIFICATION BY THE CONTRACTOR AUTHORIZING
EMPLOYEES TO SIGN BINDING AGREEMENTS
Wastewater Collection System Rehabilitation-2025
Project No. 3221025
Contractor hereby certifies that the following employees in its organization are duly authorized to sign
binding agreements necessary to carry out the terms of its contract(s) or amend the terms of its contract(s)
on behalf of the Contractor, its owner(s), partner(s), and/or principal(s) of a corporation, or the manager(s)
and/or member(s) of a limited liability company. Such agreements include, but are not limited to, pay
requests, change orders, required certifications, etc.
In submitting this Certification, Contractor acknowledges this Certification is incorporated by reference
into any active contract(s) between Contractor and the City and will be incorporated by reference into any
future contract(s) between Contractor and the City. Contractor further acknowledges it understands the
City will rely on the representations contained herein concerning authority to execute documents.
Type or Print Name
Signature
Contractor Name
Signed By
(Owner, Partner, or Principal of the Corporation)
Printed Name
Title
Date
7.7.
PERFORMANCE BOND FORM
(Bond Amount to Be Equal to 100% of the Contract Amount)
KNOW ALL MEN BY THESE PRESENTS:
That ______________________________ (hereinafter called the Principal), as Principal,
and _____________________________, a corporation organized and existing under the laws of
the State of _______________, with its principal office in the City of _____________________
(hereinafter called the Surety), are held and firmly bound unto ______________________
(hereinafter called the Obligee) in the amount of _______________________ Dollars
($_______________), for the payment whereof the said 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 the Obligee,
dated the 26th day of March 2026, to complete Project No. 3221025, which Contract is
hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein.
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 any 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 hereafter 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.
DATED this
day of
2026.
PRINCIPAL
SEAL
By:
*SURETY
SEAL
By:
AGENCY ADDRESS
*Surety hereby acknowledges it holds 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, Arizona Revised Statutes.
7.8.
PAYMENT BOND FORM
(Bond Amount to Be Equal to 100% of the Contract Amount)
KNOW ALL MEN BY THESE PRESENTS:
That ______________________________ (hereinafter called the Principal), as Principal,
and _____________________________, a corporation organized and existing under the laws of
the State of _______________, with its principal office in the City of _____________________
(hereinafter called the Surety), are held and firmly bound unto ______________________
(hereinafter called the Obligee) in the amount of _______________________ Dollars
($_______________), for the payment whereof the said 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 the Obligee,
dated the 26th day of March 2026, to complete Project No. 3221025, which Contract is
hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein.
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 same extent as if they were copied at length in this agreement.
The prevailing party in a suit on this bond shall recover as a part of the judgment reasonable
attorney fees that may be fixed by a judge of the court.
DATED this
day of
2026.
PRINCIPAL
SEAL
By:
*SURETY
SEAL
By:
AGENCY ADDRESS
*Surety hereby acknowledges it holds 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, Arizona Revised Statutes.
7.9.
CITY OF TEMPE DEPARTMENT OF PUBLIC WORKS
CONDITIONAL WAIVER AND RELEASE
FOR CONTRACTOR’S FINAL PAYMENT
AND SETTLEMENT OF CLAIMS
The undersigned:
Contractor’s Name: ____________________________________
Contractor’s Address: _______________________________________________
On receipt by the undersigned of a check from City of Tempe in the sum of $ (dollar
amount for final payment) and when the check has been properly endorsed and has been paid by
the bank on which it is drawn, this document becomes effective to release any mechanic's lien, any
state or federal statutory bond right, any private bond right, any claim for payment and any rights
under any similar ordinance, rule or statute related to claim or payment rights for persons in the
undersigned's position, the undersigned has on the job of the City of Tempe (Owner) for
WASTEWATER COLLECTION SYSTEM REHABILITATION-2025 and PROJECT NO.
3221025 at the location of Bridalwreath Street & Marigold Lane. This release covers the final
payment to the undersigned for all labor, services, equipment or materials furnished to the jobsite,
except for disputed claims in the amount of $ . Before any recipient of this document
relies on it, the person should verify evidence of payment to the undersigned.
The undersigned, in consideration of the payment acknowledged, hereby warrants that he has
already paid or will pay using the monies received from this final payment to promptly pay in full
all his contractors, subcontractors, laborers, materialmen and suppliers for all work, materials,
equipment or services provided to the above-referenced project.
_________________________________________
______________________
Contractor Signature
Date
_________________________________________
By (Print Name and Title)
Chandler
9:00am
21st
January
7.11
CITY OF TEMPE
GUIDELINES FOR IMPLEMENTATION OF RESOLUTION NO. 2000.73
These Guidelines are provided for purposes of implementing Resolution No. 2000.73 which
requires that health insurance be provided by all consultants, general contractors and major
subcontractors, as determined at the start of each project, for employees and dependents of
employees. Questions regarding this procedure should be addressed to Tara Ford, Public Works
Director for the City of Tempe.
1. All consultants and general contractors, who bid on projects or enter into public works
contracts, in excess of $100,000 or the current Council approval contract limit in place at the
time the contract is executed, with the City of Tempe, after January 1, 2001, are required
to sign an affidavit in the form attached hereto. The general contractor shall be responsible
for ensuring that the subcontractors comply with the health insurance requirements.
2. Health insurance is required for all employees, except for those employees who work less
than one hundred and twenty (120) days in any calendar year. A “workday” consists of
any time within a twenty-four-hour period, regardless of number of hours, that the
individual is paid.
3. The level of health insurance provided shall be determined by each employer but should
be no less than that provided by the Arizona Cost Containment Health System.
4. All complaints concerning violations of the health insurance requirements shall be filed,
in writing, with the Public Work's Department, within five (5) days from discovery of the
violation. An administrative hearing will be held before the Public Works Director, and
a written decision of findings will be provided to the parties to the hearing within ten
(10) days thereafter. Appeal from the decision of the Public Works Director may be
made within ten (10) days of the date of the decision by filing a notice of appeal in writing
with the Public Works Department. If an appeal is timely filed, an administrative hearing
will be held before an administrative hearing officer appointed by the City Manager.
The decision of the administrative hearing officer shall be final.
5. In the event of a finding of violation of the insurance provisions, the company in violation
of the provision shall be barred from bidding on, or entering into, any public works contract
with the City for a period of three (3) years.
6. All consultants and contractors subject to the health insurance requirements shall post, in
English and Spanish, notice of the health insurance requirements at the job site. Signs for
posting will be provided by the City.
March 24, 2025
Tara Ford, Public Works Director
7.12.
PROMPT PAYMENT REQUIREMENTS
City adheres to the prompt payment provisions of A.R.S. § 34-221.
1. Contractor shall pay to its sub-contractors or material suppliers and each Sub-contractor
shall pay to its Sub-contractors or material supplier, within seven calendar days of receipt
of each progress payment, the amounts attributable to the Contractor, Sub-contractors or
material supplier for work performed or materials supplied. In addition, any reduction of
retainage to Contractor must also result in a like reduction to sub-contractors for their work
successfully completed within 14 calendar days of the reduction of the retainage to the
Contractor. No contract between Contractor and its Contractors, Sub-contractors and
material suppliers may materially alter the rights of any Contractor, Sub-Contractor or
material supplier to receive prompt and timely payment as provided herein. Any diversion
by Contractor, or any Sub-contractor, of payments received for work performed on a
contract, or failure to reasonably account for the application or use of such payments,
constitutes sufficient grounds for City to take any one or more of the following actions: (1)
withhold future payments including retainage until proper disbursement has been made;
(2) refusal of all future bids or offers from Contractor for a period not to exceed one year;
or, 3) cancellation of the contract.
2. Alternate Dispute Resolution. If entitlement to the payment is in dispute, the parties to the
dispute shall submit the matter to either; a) binding arbitration; b) to some other form of
binding alternative dispute resolution (ADR); or, c) a City of Tempe facilitated mediation
process. The ADR process shall commence within a reasonable period of time, not to
exceed 14 calendar days of receipt of a Notice to Proceed to an ADR process issued by
City once an ADR determination has been made on any disputed claim, the determination
shall be implemented by the disputing parties within 7 calendar days of that determination.
7.13.
AFFIDAVIT DEMONSTRATING LAWFUL PRESENCE IN THE UNITED STATES
A.R.S. § 1-501 and § 1-502 require any individual person or sole proprietor who applies to the City for a local public
benefit (including the award of a contract) to demonstrate his or her lawful presence in the United States. An individual
person or sole proprietor who submits a bid for this contract must complete this Affidavit and submit it with the bid,
along with a copy of one of the documents listed below.
ALL VIOLATIONS OF FEDERAL IMMIGRATION LAW SHALL BE REPORTED TO 1-866-347-2423
LAWFUL PRESENCE IN THE UNITED STATES CAN BE DEMONSTRATED BY
PRESENTATION OF ONE (1) OF THE DOCUMENTS LISTED BELOW.
Please present the document indicated below to the City. If mailing the document, attach a copy of the document to this Affidavit.
(If the document may not be copied, present the document in person to the City for review and signing of the affidavit.)
1.
An Arizona driver license issued after 1996.
Print first 4 numbers/letters from license:
___ ___ ___ ___
2.
An Arizona non-operating identification License.
Print first 4 numbers/letters:
___ ___ ___ ___
3.
A birth certificate or delayed birth certificate issued in any state, territory or possession of the
United States.
Year of birth:
: Place of birth:
4.
A United States Certificate of Birth abroad.
Year of birth:
: Place of birth:
5.
A United States passport.
Print first 4 numbers/letters on Passport:
___ ___ ___ ___
6.
A foreign passport with a United States Visa.
Print first 4 numbers/letters on Passport
___ ___ ___ ___
Print first 4 numbers/letters on Visa
___ ___ ___ ___
7.
An I-94 form with a photograph.
Print first 4 numbers on I-94:
___ ___ ___ ___
8.
A United States Citizenship and Immigration Services Employment Authorization Document
(EAD).
Print first 4 numbers/letters on EAD:
___ ___ ___ ___
9.
Refugee travel document.
Date of Issuance:
Refugee Country:
10.
A United States Certificate of Naturalization.
Print first 4 digits of CIS Reg. No.:
___ ___ ___ ___
11.
A United States Certificate of Citizenship.
Date of Issuance:
Place of Issuance:
12.
A tribal Certificate of Indian Blood.
Date of Issuance:
Name of Tribe:
13.
A tribal or Bureau of Indian Affairs Affidavit of Birth.
Year of Birth:
Place of Birth:
I DO SWEAR OR AFFIRM UNDER PENALTY OF LAW THAT I AM LAWFULLY PRESENT IN THE
UNITED STATES AND THAT THE DOCUMENT I PRESENTED ABOVE AS VERIFICATION IS TRUE.
Signature
Business/Company (if applicable)
Print Name
Address
Date:
City, State, Zip Code
STATE OF ARIZONA
COUNTY OF MARICOPA
SUBSCRIBED AND SWORN to before me this ___________ day of _____________________ 2026.
[Notary Seal]
Notary Public ______________________________________
7.14.
COMPLIANCE WITH TEMPE CITY CODE
CHAPTER 2 ARTICLE VIII SECTION 2-603(5)
_________________________________________________
Per Tempe City Code Chapter 2 Article VIII Section 2-603(5), it is unlawful for a City vendor or
City contractor, because of race, color, gender, gender identity, sexual orientation, religion,
national origin, familial status, age, disability, or United States military veteran status, to refuse to
hire or employ or bar or discharge from employment any person, or to discriminate against such
person in compensation, conditions, or privileges of employment.
City vendors and contractors of fifteen (15) or more employees shall provide a copy of its
antidiscrimination policy to the city’s procurement officer to confirm compliance with this article.
Employers having fourteen (14) or less employees may attest to compliance with this article.
CONTRACTOR means any person who has a contract with the City.
VENDOR means a person or firm in the business of selling or otherwise providing
products, materials, or services.
CONTRACTOR/VENDOR, select one:
Current copy of antidiscrimination policy attached.
OR
_____ I hereby certify _________________________________ (contractor/vendor) to be
in compliance with Tempe City Code Chapter 2 Article VIII Section 2-603(5).
____________________________________
Date: _____________________
Signature
____________________________________
__________________________
Print Name
Title
____________________________________
Company
7.15.
CITY ENGINEERING SECURE FACILITIES ACCESS GUIDELINES
These guidelines are applicable to all contracts that call for work to be done in any of the City’s
secure facilities and are incorporated by reference into said contracts. Contractors should be
advised that there are separate requirements for General Secure Facilities and Water Utilities
Department Secure Facilities.
I.
GENERAL SECURE FACILITIES ACCESS REQUIREMENTS
The Contractor and Third-Party Construction Manager shall provide the City with a 10-year
background check for all employees, including subcontractors, working in any of the City’s
secure facilities which include, but are not limited to, the Tempe Transportation Center, East
Valley Bus Operations and Maintenance Facility, Police Department/Courts Headquarters, and
Police Department substations. Background checks shall be performed by an authorized
company capable of conducting a nationwide search. Background checks shall include, at a
minimum, information regarding state and national criminal and sexual offender information,
and a 5-year driving record search. The Contractor and Third-Party Construction Manager shall
be responsible for the cost of all their employee background checks. Below is a list of automatic
and discretionary disqualifiers which may disqualify or make an individual ineligible to work at
any of the City’s secure facilities. The Contractor and Third-Party Construction Manager shall
submit all employee background checks to the City of Tempe for review and authorization
before the contractor employees or subcontractors are issued a Contractor Identification Badge
and before being allowed to work at any of the City’s secure facilities. All authorized contractor,
subcontractor and third-party construction manager employees shall coordinate with the
respective facility supervisor to obtain a contractor identification badge. Contractor and Third-
Party Construction Manager employees must wear their contractor identification badge at-all-
times while working at the City’s secure facility.
AUTOMATIC DISQUALIFIERS
The following will disqualify any individual who has, at any time:
•
Has known affiliations with gangs, gang members, terrorist groups and/or individuals,
•
Outstanding felony warrants,
•
Conviction for selling, producing, cultivating, or transporting marijuana for sale,
•
Conviction for producing, cultivating, or transporting any dangerous drugs or narcotics
for sale.
DISCRETIONARY DISQUALIFIERS
The following may, upon review by the Tempe Police Department, make an individual ineligible
to work in or around secure areas of City Facilities:
•
Unlawful sexual misconduct;
•
DUI conviction or suspension of your Arizona driver’s license due to a DUI;
•
Commission of a felony;
•
Conviction of a felony or any offense that would be a felony if committed in Arizona;
•
Outstanding misdemeanor warrants;
•
Any other conduct or offense that could jeopardize the safety of City employees or the
public; or,
•
Insufficient information.
II.
WATER UTILITIES DEPARTMENT SECURE FACILITIES ACCESS
REQUIREMENTS
The Contractor and Third-Party Construction Manager shall verify that a 10-year background
check has been completed within the last 5 years for all employees, including subcontractors,
working in any of the City’s Water Utilities Department secure facilities which include, but are
not limited to, the Johnny G. Martinez Water Treatment Plant, South Tempe Water Treatment
Plant, and Kyrene Water Reclamation Facility. The background check shall include state and
national criminal and sexual offender information as well as driving record information outlined
in Secure Facility Access Requirements. Background checks shall be performed by an authorized
company capable of conducting a nationwide search. Background checks shall include, at a
minimum, information regarding state and national criminal and sexual offender information,
and a 5-year driving record search. The Contractor and Third-Party Construction Manager shall
be responsible for the cost of all their employee background checks.
Contractor and Third-Party Construction Manager shall disclose any knowledge of employee
criminal history status involving the following:
•
Any felony offense;
•
Any offense involving assault or threats of violence;
•
Any theft, fraud or financial crimes offense;
•
Any arson offense;
•
Any sexual misconduct offense;
•
Any offense of misconduct involving a deadly weapon;
SECURE FACILITY VERIFICATION REQUIREMENTS
The Contractor and Third-Party Construction Manager shall verify that all employee background
checks have been completed before the contractor employees or subcontractors are issued a
Contractor Identification Badge and before being allowed to work at any of the City’s Water
Utilities Department secure facilities. All authorized contractor, subcontractor and third-party
construction manager employees shall coordinate with the respective facility supervisor to obtain
a contractor identification badge. Contractor and Third-Party Construction Manager employees
must wear their contractor identification badge at-all-times while working at the City’s secure
facility.
7.16.
LIST OF SUB-CONTRACTORS
WASTEWATER COLLECTION SYSTEM REHABILITATION-2025
PROJECT NO. 3221025
MAG Specification 102.6 requires listing of all subcontractors with the bid for all subcontract
work. Only one name shall be listed for each category. BIDDER proposes to subcontract certain
portions of the work to the firms listed below:
Name
Name
Location
Location
ROC No./Exp.
ROC No./Exp.
ROC Classification
ROC Classification
Federal ID No./Exp.
Federal ID No./Exp.
Type of Work
Type of Work
Amount $
Amount $
Name
Name
Location
Location
ROC No./Exp.
ROC No./Exp.
ROC Classification
ROC Classification
Federal ID No./Exp.
Federal ID No./Exp.
Type of Work
Type of Work
Amount $
Amount $
Name
Name
Location
Location
ROC No./Exp.
ROC No./Exp.
ROC Classification
ROC Classification
Federal ID No./Exp.
Federal ID No./Exp.
Type of Work
Type of Work
Amount $
Amount $
Name
Name
Location
Location
ROC No./Exp.
ROC No./Exp.
ROC Classification
ROC Classification
Federal ID No./Exp.
Federal ID No./Exp.
Type of Work
Type of Work
Amount $
Amount $
Aims Companies
Scottsdale, Arizona
320843
Class A
13 - 4313472
358912
Class A
82 - 0643324
$26,600.00
Tucson, Arizona
Fiber Reinforced Polymer
MH install,MH Coating
$118,303.00
Professional Pipe Services Inc.
Tolleson, Arizona
175953
Sewers,Drains,Pipe
Laying
Cleaning & CCTV
$144,630.80
95-2800680
Composite Pros
EXHIBIT A
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