FIRE PUMP TEST FACILITY

Transcription

1 CITY OF CHANDLER, ARIZONA CONTRACT DOCUMENTS FOR FIRE PUMP TEST FACILITY CITY PROJECT NO.: FI MAYOR Jay Tibshraeny VICE MAYOR Jack Sellers COUNCIL Kevin Hartke Rick Heumann Nora Ellen Jeff Weninger Trinity Donovan CITY MANAGER Rich Dlugas TRANSPORTATION AND DEVELOPMENT DIRECTOR R. J. Zeder INTERIM CITY ENGINEER Dan Cook August 2013

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3 LEGAL ADS DEPARTMENT August 7, 2013 Contact: The Purchasing Office (480) , FAX (480) I NVI TATI ON TO BI D The City of Chandler, Arizona is extending an Invitation to Bid Fire Pump Test Facility, Project No. FI Work under this contract includes installation of an enclosed fire pump test pit with water and electrical connections. Work will also include the installation of a shade canopy and modular storage unit. Sealed bids will be received by the City of Chandler Purchasing Office, 175 South Arizona Ave., 3rd Floor, Chandler, Arizona until 3:00 pm local Arizona time on, September 10, 2013 and will be publicly opened at 3:00 pm local Arizona time on September 11, 2013 in the Purchasing Conference Room at the Purchasing Office. Bidders will have the opportunity to withdraw their bids between 3:00 pm September 10, 2013 and 3:00 pm, September 11, Bids will not be modified or accepted after 3:00 pm local Arizona time, September 10, Bid packages may be purchased from ARC-Arizona for a non-refundable cost of $19.00 per set, regardless of whether the Contract Documents are returned. Please contact ARC-Arizona at mesa.plotting@e-arc.com prior to arrival to allow printing time, or visit the website at to order on-line. If you would like to pick up your bid set at another location, please state so in your . Additional locations can be found on the following website: A copy of the bid package is available for viewing at the Purchasing Office, 175 South Arizona Ave., 3rd Floor, Chandler, Arizona. Please call prior to arriving at the Purchasing Office to ensure the documents are available for viewing (1 set is available). A Pre-Bid Conference will be held at 10:00 am local Arizona time on August 26, in the Purchasing Conference Room, 175 South Arizona Ave., 3rd Floor, Chandler, Arizona to clarify and answer questions on this bid. The City of Chandler reserves the right to accept or reject any or all bids or parts thereto. PUBLISHED: August 13, 2013 and August 20, 2013 AFFIDAVIT OF PUBLICATION Invitation to Bid 1

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5 CITY OF CHANDLER, ARIZONA FIRE PUMP TEST FACILITY PROJECT NO. FI TABLE OF CONTENTS INVITATION TO BID..1 INSTRUCTIONS TO BIDDERS BID PROPOSAL BID SCHEDULE BID BOND BIDDERS QUALIFICATION STATEMENT NON-COLLUSION BIDDING CERTIFICATION CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS CERTIFICATE OF INSURABILITY CONSTRUCTION CONTRACT PERFORMANCE BOND PAYMENT BOND CITY OF CHANDLER PRIVILEGE TAX LICENSE CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS CERTIFICATE OF COMPLETION APPLICATION & CERTIFICATION FOR PAYMENT NO MONTHLY PROGRESS ESTIMATE NO ACKNOWLEDGMENT OF ESTIMATE OF WORK CITY OF CHANDLER CHANGE ORDER CONSTRUCTION SIGN DETAIL CONSTRUCTION CONTRACT GENERAL CONDITIONS PROJECT TECHNICAL SPECIFICATIONS (update 12/3/02) Bid Packet Rev 5/8/13 Instructions to Bidders page i

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7 CITY OF CHANDLER, ARIZONA FIRE PUMP TEST FACILITY CITY PROJECT NO. FI INSTRUCTIONS TO BIDDERS SECTION 1 - DEFINED TERMS AND STANDARD DOCUMENTS SECTION 2 - BIDDING DOCUMENTS SECTION 3 - QUALIFICATIONS OF BIDDERS SECTION 4 - EXAMINATION OF CONTRACT DOCUMENTS AND SITE SECTION 5 - INTERPRETATIONS AND ADDENDA SECTION 6 - BID SECURITY SECTION 7 - CONTRACT TIME SECTION 8 - LIQUIDATED DAMAGES SECTION 9 - SUBSTITUTIONS AND EQUALS SECTION 10 - SUBCONTRACTORS AND OTHERS SECTION 11 - PREPARATION OF BID SECTION 12 - SUBMISSION OF BID SECTION 13 - MODIFICATION OR WITHDRAWAL OF BID SECTION 14 - OPENING OF BIDS SECTION 15 - DISQUALIFICATION OF BIDDERS SECTION 16 - BIDS TO REMAIN OPEN SECTION 17 - AWARD OF CONTRACT SECTION 18 - CONTRACT SECURITIES SECTION 19 - CONTRACTOR'S INSURANCE SECTION 20 - TAXES SECTION 21 - PRE-BID CONFERENCE SECTION 22 - PROTEST (update 12/3/02) Bid Packet Revised 8/29/12 Instructions to Bidders page ii

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9 INSTRUCTIONS TO BIDDERS SECTION 1 - DEFINED TERMS AND STANDARD DOCUMENTS: Terms used in these Instructions to Bidders, which are defined in the General and Supplementary Conditions (when applicable), have the meanings assigned to them in the General Conditions. In addition, the following terms are defined below: A. Bid Package or Bidding Documents: include the Invitation to Bid, Instructions to Bidders, Bid Schedule, forms and attachments included in the packet together with General Conditions, any Supplementary Conditions, Plans, Specifications and the standard specifications and other documents incorporated therein. B. Successful Bidder: means the Bidder to whom CITY (on the basis of CITY s evaluation as hereinafter provided) makes an award. SECTION 2 - BIDDING DOCUMENTS: 2.1 The City has implemented the use of Scottblue's Planwell system. With this system your company is responsible for ordering bid specifications and/or plans. Once your company orders plans through this system, you will automatically be placed on the Plan Holders List. Failure to follow this procedure will cause the Vendor not to be placed on the Plan Holders List, receive addendums or information regarding this solicitation and may cause any bid submitted to be rejected as non-responsive. Your Company must register through the City s On-Line Vendor Registration system in order to receive notifications of bids. Failure to register will cause the Vendor not to receive notification of bids. 2.2 The Bidding Documents state the location of the contemplated construction; give the description of the various quantities of work to be performed or materials to be furnished, and have a bid schedule of pay items for which unit bid prices are invited. 2.3 Complete sets of Bidding Documents shall be used in preparing Bids; neither CITY nor PROJECT DESIGNER assumes any responsibility for errors or misinterpretation resulting from the use of incomplete sets of Bidding Documents. 2.4 CITY and PROJECT DESIGNER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the work and do not confer a license or grant for any other use. SECTION 3 - QUALIFICATIONS OF BIDDERS: 3.1 Bidders shall be experienced in the kind of Work to be performed, shall have the necessary equipment therefore, and shall possess sufficient capital to properly execute the Work within the time allowed. Bidders who have previously failed to complete work within the time required, or who have previously performed similar work in an unsatisfactory manner, may be determined not to be responsible Bidders for this project. A Bidder who does not show that he has the necessary ability, plant and equipment to commence the Work at the time prescribed and thereafter to prosecute and complete the Work at the rate or within the time specified may have his/her bid rejected as non-responsive. A Bidder who is already obligated for the performance of other work which would delay the commencement, prosecution or completion of the Work may have his/her bid rejected as non-responsive. 3.2 As evidence of his/her competency to perform the Work, Bidder shall complete and submit with his/her Bid the Bidder's Qualification Statement. Low Bidders may be asked to furnish additional data to demonstrate competency. 3.3 At the time of the bid submittal, Bidder must possess current appropriate license(s) to do the work and to do business in the State of Arizona. Bidder shall provide a copy of their State of Arizona Contractor License(s) (Xerox copy included with bid submittal). Bidders should contact the Arizona Registrar of Contractors for information of license requirements (update 12/3/02) Bid Packet Revised 8/29/12 Instructions to Bidders page 1-1

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11 SECTION 4 - EXAMINATION OF CONTRACT DOCUMENTS AND SITE: 4.1 Before submitting a Bid, each Bidder shall (a) examine the Contract Documents thoroughly; (b) visit the site(s) to familiarize him/herself with local conditions that may, in any manner, affect cost, progress or performance of the Work; (c) familiarize him/herself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. 4.2 When applicable, reference will be made in the Supplementary or Special Conditions for the identification of reports of investigations and tests of subsurface and latent physical conditions at the site, or reports that otherwise may affect cost, progress or performance of the Work, which have been utilized by PROJECT DESIGNER in preparation of the Plans, Drawings and Specifications. CITY will make copies of such reports available at the cost (non-refundable) of reproduction to any Bidder requesting them. These reports are not intended to constitute any explicit or implicit representation as to the nature of the subsurface and latent physical conditions, which may be encountered at the site, or to constitute explicit or implicit representations as to any other matter contained in any report. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. Before submitting a Bid, each Bidder will, at his/her own expense, make such investigations and tests as the Bidder may deem necessary to determine a Bid for performance of the Work in accordance with the Contract Documents. 4.3 No information derived from any reports or records will in any way relieve the bidder or CONTRACTOR from any risk or from properly fulfilling the terms of the Contract nor entitle the CONTRACTOR to any additional compensation. 4.4 The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Document. 4.5 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Section 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. SECTION 5 - INTERPRETATIONS AND ADDENDA: 5.1 Bidders attention is called to MAG Specifications, Section 102.4, incorporated herein by reference, including if any person contemplating submitting a bid for the proposed Contract is in doubt as to the true meaning of any part of the plans, specifications, or other proposed Contract Documents, or finds discrepancies in or omissions from the plans or specifications, he/she shall submit to the Transportation & Development, Capital Projects Division, at P.O M.S. 407, Chandler, Arizona , or 215 East Buffalo, Chandler, Arizona 85225, a written request for additional information, an interpretation or correction thereof, no later than five working days before bid opening. The person submitting the request will be responsible for its prompt delivery. The CITY will not be responsible for oral interpretations or clarifications, which anyone presumes to make on their behalf. 5.2 CITY may issue such additional Addenda as may be necessary to clarify, correct or change the Bidding Documents or the Contract Documents. Such Addenda, if any, will be faxed, mailed or delivered to all parties recorded by the CITY as having received the Bidding and Contract Documents. 5.3 After the submission of a bid, no complaint or claim that there was any misunderstanding as to the quantities, conditions or nature of the work nor any ambiguity in the Contract Documents, will be accepted or valid, unless the question or issue was raised by the CONTRACTOR prior to submitting a bid, and any patent ambiguity will be interpreted against the CONTRACTOR and in favor of the CITY. 5.3 Addenda issued before the time in which to submit Bids expires, shall be included in the Bid and are a part of the Contract Documents. SECTION 6 - BID SECURITY: 6.1 Bids must be accompanied by a cashier's check, certified check or Bid Bond in the sum of 10 percent (10%) of the amount of the Bid, satisfactory to and payable to the order of the CITY. Said check or bond (update 12/3/02) Bid Packet Revised 8/29/12 Instructions to Bidders page 1-2

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13 shall be given as a guarantee that the Bidder, if awarded the Contract, will enter into an Contract and furnish the required bonds and insurance certificates and endorsements. 6.2 The Bid Bond shall be on the form bound in the Contract Documents. Bid Bond shall be issued by a surety meeting the requirements of the General Conditions and acceptable to the City of Chandler. Individual sureties have been determined by the City's Legal Department to be unacceptable. 6.3 The bid security of the Successful Bidder will be retained until such Bidder has executed the Contract and furnished the required contract securities and insurance certificates and endorsements, whereupon the bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract and furnish the required contract securities and insurance certificates and endorsements, within 10 days or such additional time as may be allowed by the CITY from the date of mailing the Notice of Award by the CITY to the Successful Bidder or from the date of personal delivery of the Notice of Award to the Successful Bidder, the bid security of Bidder will be forfeited to the CITY. 6.4 A Bidder who is awarded the Contract and fails to execute the Contract or furnish the required contract securities or insurance certificates and endorsements shall be liable to the CITY for all damages resulting therefrom including reasonable attorney's fees. The bid security forfeited shall not be a limitation thereon. 6.5 A Bidder who is awarded the Contract and fails to execute the Contract or furnish the required contract securities or insurance certificates and endorsements shall be deemed a non-responsible bidder and shall not be considered for future CITY projects for a period of two years in addition to forfeiting their bid bond. 6.6 The bid security of any Bidder who CITY believes to have a reasonable chance of receiving the award may be retained by CITY until the earlier of the tenth day after the execution of the Contract by the Successful Bidder or rejection of all Bids, or the sixtieth day after the Bid opening. SECTION 7 - CONTRACT TIME: 7.1 The number of days within which the Work is to be completed (The Contract Time) are set forth in the Contract. SECTION 8 - LIQUIDATED DAMAGES: 8.1 Provisions for liquidated damages, if any, are set forth in the Contract. SECTION 9 - SUBSTITUTIONS AND EQUALS : 9.1 When a product (i.e., any material, process, or equipment) is specifically identified by patent or proprietary name, trade name, or by name of manufacturer and regardless of whether or not it is followed by the words or equal, or approved equal, or or equivalent it is done to establish a standard of quality for protection of CITY, is intended to be descriptive and is not intended to limit competition or to restrict the use of materials which may be equal to or better than the named product. 9.2 A bidder may substitute an alternative product specifically identified, provided that: (a) the alternative product is specifically identified in the bid; (b) the alternative product is equal or better than the specified product in all essential characteristics; and prior approval of the alternative product has been obtained from the City Engineer. 9.3 A bidder desiring to substitute an alternative product for a product specifically identified shall submit a written request for prior approval to the City Engineer (and where applicable, the Project Architect or Engineering Consultant) at least ten (10) days prior to the scheduled closing time for receipt of bids. Each such request shall include the name of the identified product for which substitutions is proposed and a complete description of the proposed alternative product, including (a) the name or other identification of the product, (b) any drawings, cuts, performance, technical and test data for the product, and (c) any other information, reports and reviews relevant and necessary for evaluation of the proposed alternative product. A. The application to request substitution will also contain a statement that Bidder agrees to pay all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change. The City Engineer may require Bidder to (update 12/3/02) Bid Packet Revised 8/29/12 Instructions to Bidders page 1-3

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15 furnish a Bidder s expense additional data about the proposal substitute. CITY may require Bidder to furnish at Bidder s expense a special performance guarantee or other surety with respect to any substitute. B. City Engineer will record time required by City Engineer and Engineer s consultants in evaluating substitutions proposed by Bidder and making changes in the Drawing or Specifications occasioned thereby. Whether or not City Engineer accepts or rejects proposed substitute, Bidder shall reimburse CITY for the charges of City Engineer and Engineer s consultants for evaluating any proposed substitute. 9.4 The burden of proving the equality or superiority of the alternative product proposed for substitution is upon the bidder. Any proposed alternative product must be compatible with, and have the capability of tying into, existing systems where they occur. CONTRACTOR shall pay for all adaptations required in the use of all approved substituted products. 9.5 The City Engineer shall consider and either approve or reject all alternative product proposals and shall comply with the following: A. If approved, the bidding documents shall be modified to include the alternative product proposal. A written addendum will be issued at least five (5) days prior to the deadline for receiving bids to all bidders on record who have obtained the initial bid documents. B. If rejected, written notice of the rejection shall be given to the proposer. Notice shall include a description of the rejected product. 9.6 The provisions of Subsections 9.2 to 9.5 above must be satisfied before any substitute item is accepted. SECTION 10 - SUBCONTRACTORS AND OTHERS: 10.1 All Bidders shall submit with the Bid, a list of all major Subcontractors and other persons and organizations and a list of those persons or firms who are to furnish the principal items of materials and equipment that the Bidder proposes to utilize on this Contract together with statements demonstrating the experience or qualifications of such sub-contractors and suppliers. One name shall be listed for each category. The lists of proposed major subcontractors and major suppliers shall be submitted with the Bid in a separate sealed envelope, plainly marked on the outside with the name of Bidder, his address, the name of the Project, and the notation "List of Subcontractors and Suppliers Enclosed." Only the envelope containing the list of proposed Subcontractors and suppliers submitted by the apparent Successful Bidder will be opened by the CITY. If CITY or Project Designer after due investigation has reasonable objection to any proposed Subcontractor or supplier, either may, before giving the Notice of Award, request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent Successful Bidder declines to make any such substitution, the Contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his bid security. Any Subcontractor or supplier, so listed and to whom CITY or Project Designer does not make written objections prior to the giving of the Notice of Award will be deemed acceptable to CITY and Project Designer The envelopes (containing the list and experience statements of the proposed Subcontractors) submitted by other Bidders will be discarded by the CITY following an award of Contract The Contractor to whom the project is awarded shall utilize the Subcontractors and suppliers submitted and may not change without written permission from CITY. No CONTRACTOR shall be required to employ any Subcontractor or supplier, against whom he has reasonable objection. SECTION 11 - PREPARATION OF BID: 11.1 A Bid must be made on the Bid Proposal bound in the Contract Documents. The Bid Proposal shall not be altered in any way The Bid Schedule must be completed in ink. All Blank spaces in the Bid Schedule must be filled in correctly. Ditto marks shall not be used (update 12/3/02) Bid Packet Revised 8/29/12 Instructions to Bidders page 1-4

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17 11.3 Quantities as shown in the Bid Schedule are estimates based upon available information and are to be used for comparing bids only. The CITY reserves the right to adjust the quantities as necessary to meet its needs A bidder shall execute his Bid as stated below. A. A Bid by an individual shall show his name and official address. B. A Bid by a partnership must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership shall be shown. C. A Bid by a corporation must be executed in the corporate name by an officer of the corporation and must be accompanied by a certified copy of a resolution of the board of directors authorizing the person signing the Bid to do so on behalf of the corporation. The state of incorporation and the official corporate address shall be shown. D. All names must be printed below the signature. E. All signatures shall be in longhand Erasures, interlineations or other corrections shall be authenticated by affixing in the margin immediately opposite the correction the initials of the person signing the Bid Bids shall not contain any recapitulation of the Work to be done Alternative Bids will not be considered except where specifically called for in the Bid Schedule No oral, telegraphic or telephone proposals or modifications will be considered The Bid shall contain an acknowledgment of the receipt of all Addenda in the space provided on the Bid Proposal The address to which communications regarding the Bid are to be directed shall be shown In addition to the Bid Form, the following listed documents, which are bound in the Contract Documents, shall be executed. A. Bid Bond (if used in lieu of cashier's check or certified check). B. Bidders Qualification Statement. Pages 4-1 through 4-5 C. Non-collusive Bidding Certification. D. All names must be printed below the signature. E. All signatures shall be in longhand. SECTION 12 - SUBMISSION OF BID: 12.1 Bids shall be submitted at the time and place indicated in the Invitation to Bid The Bid shall be enclosed in an sealed envelope or package plainly marked on the outside with the name of the Bidder, his address, the name of the Project, and the contract name or number. Bid shall be submitted with bid security and other required documents If the Bid is sent through the mail or other delivery system, the sealed package containing the Bid shall be enclosed in another envelope plainly marked on the outside with the notation "Bid Enclosed". Mailed or delivery of Bids shall be addressed to: LOCATION: MAILING ADDRESS: City of Chandler City of Chandler Purchasing Purchasing, Mail Stop S. Arizona Ave, 3rd Floor P.O. Box 4008 Chandler AZ Chandler, AZ A Bid will not be accepted after the time indicated in the Invitation To Bid. Bid envelopes with insufficient postage will not be accepted by the CITY. It is the sole responsibility of the Bidder to see that his/her Bid is delivered and received by the proper time and at the proper place (update 12/3/02) Bid Packet Revised 8/29/12 Instructions to Bidders page 1-5

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19 SECTION 13 - MODIFICATION OR WITHDRAWAL OF BID: 13.1 Withdrawal Prior to Bid Opening: A. A Bidder may withdraw his/her Bid before the time fixed for the opening of Bid by communicating his purpose in writing to the CITY. Upon receipt of such written notice, the unopened Bid will be returned to the Bidder. B. The withdrawal of a Bid does not prejudice the right of a Bidder to file a new Bid, so long as the new Bid is submitted prior to the indicated closing time in the Invitation To Bid Notification Prior to Bid Due Date and Time: If a bidder wishes to modify his/her Bid, he/she must withdraw his/her initial Bid prior to the Bid Due Date and Time and submit a new Bid prior to the Bid Due Date and Time. SPECIAL NOTE: The Bid Due Date and Time is before the Bid Opening Date. The Bid Due Date and Time is when the bid package must be received. The Bid Opening Date is scheduled for the next workday when the Bid prices will be read aloud in public. The difference between the Bid Due Date and Time and the Bid Opening Date and Time is to allow bidders to review the accuracy of their Bids, and if they have made a mathematical or clerical error, the opportunity to withdraw their Bids prior to the Bid Opening. Bidders who fail to diligently review the accuracy of their Bids during this time may be considered non-responsible Bidders. No Bids will be allowed to be modified after the Bid Due Date and Time. Bidders requesting to withdraw their bids are required to contact the Purchasing Office prior to the Bid Opening. Bidders that withdraw their Bids after the Bid Opening shall be deemed non-responsible Bidders and shall not be considered for future City projects for a period of two (2) years and will also be subject to a claim against their bid bond. SECTION 14 - OPENING OF BIDS: 14.1 Bids will be opened by the Purchasing Manager or their designated representatives at an open, public meeting at the time and place indicated in the Invitation to Bid Bids received by mail or otherwise after the time specified for the opening of Bids will not be accepted and will be returned to the Bidder unopened No responsibility will attach to the CITY for premature opening of a bid, which is not properly addressed and identified in accordance with the Bid documents. SECTION 15 - DISQUALIFICATION OF BIDDERS: 15.1 Either of the following reasons may be considered as being sufficient for the disqualification of a Bidder and the rejection of his/her Bid: A. Receipt of more than one Bid for the same work from an individual, partnership or corporation under the same or different names. B. Evidence of collusion among Bidders or assistance from any officer of the CITY, or of any Department thereof. SECTION 16 BIDS TO REMAIN OPEN: 16.1 All Bids shall remain open for 75 days after the day of the opening of Bids, but the CITY may, in its sole discretion, release any Bid and return the bid security prior to that date. No Bidder may withdraw his Bid during this period without written permission from the CITY. SECTION 17 - AWARD OF CONTRACT: 17.1 CITY reserves the right to reject any and all Bids, to waive any and all informalities and the right to disregard all nonconforming, non-responsive or conditional Bids CITY reserves the right to reject any Bid not accompanied by specified documentation and bid security (update 12/3/02) Bid Packet Revised 8/29/12 Instructions to Bidders page 1-6

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21 17.3 CITY reserves the right to reject any Bid if it shows any omissions, alterations of form, additions not called for, conditions or qualifications, or irregularities of any kind CITY reserves the right to reject any Bid that, in its sole discretion, is considered to be unbalanced or unreasonable as to the amount Bid for any lump sum or unit price item It is the intent in the Bid Schedule that each bid item or unit price be all inclusive and payment in full, for the furnishing of all labor, equipment, material, devices and appurtenances, taxes, overhead, profit and miscellaneous costs associated with the completion of that entire work item. It is also the intent that the extended bid item price be the arithmetical product of the estimated quantity and the unit price. In evaluating Bids, discrepancies between words and figures will be resolved in favor of words. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. If unit prices are omitted, the Bid shall be considered nonresponsive In evaluating Bids, CITY will consider the qualifications of Bidders; whether or not the Bids comply with the prescribed requirements; the alternatives, if any; the time or times for completion as stated in the Bid Form; and the lump sum and unit prices, if requested in the Bid Form CITY may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principle items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions CITY may conduct such investigation as it deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents. CITY reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to CITY satisfaction If a Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder who has neither been disqualified nor rejected pursuant to Section 15 or this Section The following shall only be applicable when Alternates are used on the Bid Schedule: A. The Successful Bidder shall be the responsive and responsible Bidder offering the low aggregate amount for the first or Base Bid item, plus (in the order of priority listed in the Bid Form) those Additive Bid Items providing the most features of the Work within the funds determined by the CITY to be available before Bids are opened. If addition of another Bid Item in the listed order or priority would make the award exceed such funds for all Bidders, it shall be skipped and the next subsequent Additive Bid Item in a lower amount shall be added if award thereon can be made within such funds. For example, when the amount available is $100,000 and a Bidder s Base Bid and three successive additives are $85,000, $10,000, $8,000, and $4,000, the aggregate amount of the Bid for purposes of award would be $99,000 for the Base Bid plus the first and third additives, the second additive being skipped because it would cause the aggregate Bid to exceed $100,000. In any case, all Bids shall be evaluated on the basis of the same Additive Bid Items, determined as provided above. The listed order of priority will be followed only for determining the low Bidder. After determination of the low Bidder as stated, award in the best interests of the CITY may be made to the low Bidder, on their Base Bid and any combination of their Additive Bid Items for which funds are determined to be available at the time of the award, provided that award on any such combination of Bid Items does not exceed the amount offered by any other responsive and responsible Bidder for the same combination of Bid Items. B. Bidders shall provide a Bid for the Base Bid Items and all Additive Bid Items. SECTION 18 - CONTRACT SECURITIES: 18.1 Performance and Payment Bonds shall be furnished on the forms bound in Contract Documents (update 12/3/02) Bid Packet Revised 8/29/12 Instructions to Bidders page 1-7

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23 18.2 The amounts of and other requirements for Performance and Payment Bonds are stated in the Contract Documents The Successful Bidder shall within 10 working days from the date of the Notice of Award deliver to CITY, for its review and approval, the Performance Bond and Payment (labor and material) Bond and insurance certificates. SECTION 19 - CONTRACTOR'S INSURANCE: 19.1 The requirements for CONTRACTOR'S insurance are stated in Article 9 of the Construction Contract. The requirements for delivery of insurance certificates and endorsements are stated in the General Conditions Bids must be accompanied by a completed "Certificate of Insurability" duly signed by the bidder. The form bound in the contract documents shall be used. SECTION 20 TAXES: 20.1 All Applicable Taxes shall be paid by the Contractor CONTRACTOR will be subject to City of Chandler Transaction Privilege Tax A current City of Chandler privilege tax license is required and must be submitted with the Bid. SECTION 21 PRE-BID CONFERENCE: 21.1 A pre-bid conference will be held on a date and at a time indicated in the Invitation to Bid or to be indicated by Addendum. When the pre-bid conference is mandatory the Invitation to Bid will so state. If the pre-bid conference is mandatory, attendance is required and bids will not be accepted from any contractor failing to attend the pre-bid conference. If the pre-bid conference is not mandatory, all prospective Bidders are invited and encouraged to attend. The purpose of the pre-bid conference is to afford Bidders an opportunity to raise questions pertaining to the Contract Documents and for the CITY or its representatives to clarify those points. In addition, other important specific features of the Project, which may develop during the course of the pre-bid conference, will be brought to the attention of the Bidders Nothing discussed during the pre-bid conference will be construed to have changed the intent of the Contract Documents. These documents as issued stand. Any potential modifications, which may be discussed during the pre-bid conference, will not become official until issued in an Addendum to the Contract Documents or as a Change Order. SECTION 22 PROTEST: 22.1 A Protest must be in writing and be filed with the Purchasing Office. A protest of a Solicitation shall be received before the Solicitation opening date. A protest of a proposed award requiring City Council approval must be filed within 5 calendar days of the first posting of the award recommendation. Award recommendations are posted on the Purchasing web site and/or the City Clerk web site. If the due date occurs on a weekend or holiday the protest must be filed the next business day. A protest of an award not requiring City Council approval (less than $50,000 or $30,000 for Consultants) must be submitted within ten (10) days after the protester knows or should have known the basis of the protest A protest must include: The name, address and telephone number of the protester; The signature of the protester or its representative; Identification of the project and the solicitation or contract number; (update 12/3/02) Bid Packet Revised 8/29/12 Instructions to Bidders page 1-8

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25 A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and The form of relief requested CITY will review the protest and issue a written response (update 12/3/02) Bid Packet Revised 8/29/12 Instructions to Bidders page 1-9

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27 BID PROPOSAL CITY OF CHANDLER, ARIZONA FIRE PUMP TEST FACILITY PROJECT NO. FI The Undersigned Bidder offers and agrees, if this Bid is accepted, to enter into an Contract with CITY in the form included in the Contract Documents to furnish all material, equipment, labor, and everything necessary for completion of the work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this bid and in accordance with the Contract Documents. Bidder declares that no person or persons other than those named herein are interested in this Bid; that this Bid is made without collusion with any other person, firm or corporation; and that no person or persons acting in any official capacity for the CITY are directly or indirectly interested in this Bid, or in any portion of the profit thereof. Bidder understands that construction and administration of this project shall be in accordance with the Contract Documents and with the requirements of the latest edition of the following separate documents in effect at the time of Bid Opening as modified and supplemented by the Contract Documents: 1. City of Chandler Standard Details and Specifications 2. The Code of the City of Chandler, Arizona 3. City of Chandler Traffic Barricade Manual Bidder understands that this Bid shall be submitted with a bid security of cash, certified check, cashier's check or Bid Bond, issued by a surety company licensed in Arizona, for an amount not less than 10 percent (10%) of the amount Bid. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Documents, that he/she has examined the Instructions to Bidders; all of the other Bidding Documents and all of the Contract Documents including all Addenda; that he has familiarized himself/herself with all local conditions and federal, state and local laws, ordinances, rules and regulations; and that he has satisfied himself as to all conditions affecting cost, progress or completion of the Work. Bidder further agrees as follows: 1) that this Bid shall remain open and may not be withdrawn for the time period set forth in the instructions to Bidders; 2) that he accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of his bid security; 3) and that, upon acceptance of this Bid, he will execute the Contract and will furnish the required contract security within the time period(s) set forth in the Instruction to Bidders. Bidder acknowledges receipt of the Addenda listed below and further acknowledges that the provisions of each Addendum have been included in the preparation of his/her Bid. Addendum Date Received Addendum No. Date Received (update 12/3/02) Bid Packet Revised 8/29/12 Bid Proposal page 2-1

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29 The following documents are attached to and made a condition of this Bid. 1. Bid security in the amount of Dollars ($ ). In Words Numbers 2. Bidders Qualification Statement with supporting data. 3. Executed Non-collusive Bidding Certification. 4. Certified Copy of Resolution of Board of Directors (if corporation). 5. List of major Subcontractors and a list of those persons or firms who are to furnish the principal items of material and equipment, that the Bidder proposes to utilize in the Contract, submitted in a separate envelope. 6. Executed Certificate of Insurability. 7. Xerox copy of all required Contractor s licenses from the State of Arizona. 8. Bidders may agree to accept the City Procurement Card (Mastercard) for payment. It is requested that each Bidder on this IFB indicate their willingness to accept City Procurement Card (Mastercard) payments. The inability to accept payment by City Procurement Card (Mastercard) will not disqualify a bid response.. Will you accept a City Procurement Card (MasterCard) for payment of invoices? Yes No (update 12/3/02) Bid Packet Revised 8/29/12 Bid Proposal page 2-2

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31 BIDDER MUST SUBMIT PAGES 2-1 through 7-1 INCLUSIVE, FROM THIS BOOK, WITH THE BID NAME OF BIDDER: CITY OF CHANDLER FIRE PUMP TEST FACILITY PROJECT NO. FI BID SCHEDULE No. Spec. No. Description Est. Qty. Unit Unit Price Extended Price Structural Excavation 1,044 CY Aggregate Base (8") 85 SY Asphaltic Concrete (Miscellaneous Structural) (2") 94 SY Portland Cement Concrete Pavement (8") 85 SY Misc. (Bituminous Tack Coat, Includes Application) 94 SY Sawcut & Match Existing 200 LF Curb Termination Per MAG STD DET EA Concrete Single Curb (MAG DET. 222)(Type A) (H=6") 93 LF ' X 10' Concrete Pad (6" Thick) Per MAG Section SF Removal Of Asphaltic Concrete Pavement 243 SY Electrical Connection To Office 1 LS Concrete Vault Pump Test Pit Per Details 1 LS Shade Structure (50' X 30', Joined Cantilever, USA-Shade or Approved Equal) 1 EA Open Bay High Security Office (8' X 10'), Mobile Mini Or Approved Equal 1 EA Rotating Fire Pump Suction Tube 1 EA Unforeseen Conditions (Allowance) 1 AL 20,000 ALTERNATE Removal, Disposal, And Backfill For Existing Vault 1 EA ALTERNATE TOTAL (Item 17) $ (In Numbers) (In Words) Dollars (In Words) Cents Note 1: Bidders are required to fill in all blank spaces with an entry. Bids submitted with blank spaces may be considered Non-Responsive. Note 2: The Bid Due Date is before the Bid Opening Date. The Due Date is when the bid package must be received. The Bid Opening Date is scheduled for the next workday when the bid prices will be read aloud in public. The difference between the Due Date and Time and the Opening Date and Time is to allow bidders to review the accuracy of their bids, and if they have made a mathematical or clerical error, the opportunity to withdraw their bids prior to the Bid Opening. No bids will be allowed to be modified after the Bid Due Date. Bidders requesting to withdraw their bids are required to contact the Purchasing Office prior to the Bid Opening. Bidders that withdraw their bids after the Bid Opening shall not be considered on future city bids for a period of two (2) years and will be subject to a claim against their bid bond. Bid Schedule 2-3A

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33 BIDDER MUST SUBMIT PAGES 2-1 through 7-1 INCLUSIVE, FROM THIS BOOK, WITH THE BID NAME OF BIDDER: Note 3: The award of this contract will be on a combination of the lowest base bid and those alternates that the owner may desire to have incorporated into the project, within the budgeted amount, thus providing the lowest total contract amount. The Owner reserves the right to select any, all, or none of the alternates based on the availability of funds. Refer to Article in the Instructions to Bidders for further clarification. Bid Schedule 2-3B

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35 SIGNATURE PAGE If BIDDER is: An Individual By: (Individual's Signature) (Printed or Typed Name of Individual) Doing business as: License or Registration No.: Business Address: Phone No.: Fax No.: A Partnership By: (Firm Name) (Partner Signature) License or Registration No.: Business Address: Phone No.: Fax No.: (update 12/3/02) Bid Packet Revised 8/29/12 Signature Page page 2-4

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37 SIGNATURE PAGE A Corporation/LLC By: (Corporation / LLC Name) (State of Incorporation / LLC) By: (Signature of Officer Authorized to Sign) (Printed or Typed Name) Attest: Federal I. D. Number: (Secretary) Business Address: Phone No.: Fax No.: A Joint Venture By: (Signature) (Printed or Typed Name) (Address) By: (Signature) (Printed or Typed Name) (Address) (Each party to the joint venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) (update 12/3/02) Bid Packet Revised 8/29/12 Signature Page page 2-5

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39 THIS BID IS SUBMITTED BY:, a corporation organized under the laws of the State of ; a partnership consisting of ; or individual trading as and is the holder of an Arizona State Contractor's License: (Attach Photocopy). Classification No. (Failure to fill in the information above, regarding the bidder being a holder of Arizona State Contractor's License is grounds for rejection of the bid.) (update 12/3/02) Bid Packet Revised 8/29/12 Signature Page page 2-6

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41 BID BOND ARIZONA STATUTORY BID BOND PURSUANT TO TITLES 28, 34 AND 41, OF THE ARIZONA REVISED STATUTES (Penalty of this bond must not be less than 10% of the bid amount) KNOW ALL MEN BY THESE PRESENTS: That,, (hereinafter "Principal"), as Principal, and, (hereinafter "Surety"), a corporation organized and existing under the laws of the State of, with its principal offices in, holding a certificate of authority to transact surety business in Arizona issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, held and firmly bound unto, (hereinafter "Obligee"), as Obligee, in the amount of Ten Percent (10%) of the amount of the bid of Principal, submitted by Principal to the Obligee for the work described below, for the payment of which sum, the Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for construction of: FIRE PUMP TEST FACILITY City Project No. FI NOW, THEREFORE, if the Obligee shall accept the proposal of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of the proposal and give the bonds and certificates of insurance as specified in the contract document with good and sufficient surety for the faithful performance of the contract and for the prompt payment of labor and materials furnished in the prosecution of the contract, or in the event of the failure of the Principal to enter into the contract and give the bonds and certificates of insurance, if the Principal pays to the Obligee the difference not to exceed the penalty of the bond between the amount specified in the proposal and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the proposal then this obligation is void. Otherwise it remains in full force and effect provided, however, that this bond is executed pursuant to the provisions of Section , Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of that section to the extent as if it were copied at length herein. Witness our hands this day of, 20 Principal SEAL SURETY SEAL By: Its: By: Attorney-in-Fact AGENCY OF RECORD AGENCY ADDRESS (update 12/3/02 Bid Packet Revised 8/29/12 Bid Bond page 3-1

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43 BIDDERS QUALIFICATION STATEMENT (Completion of this statement is required in advance of consideration for award of contract) SUBMITTED TO: City of Chandler, Arizona Purchasing Offices 175 S. Arizona Ave, 3rd Floor Chandler, AZ SUBMITTED FOR: City Project Title: City Project Number: FIRE PUMP TEST FACILITY FI SUBMITTED BY: Name: (Print or Type Name of Bidder) (A Corporation/A Partnership/An Individual/A Joint Venture) (Bidder to strike out inapplicable terms) Address: Gentlemen: The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter. (Note: Attach Separate Sheets as Required) 1.0 How many years has your organization been in business as a contractor? 2.0 How many years has your organization been in business under its present name? 3.0 If a Corporation, answer the following: 3.1 Date of incorporation: 3.2 State of incorporation: 3.3 President's name: 3.4 Vice president's name (s): 3.5 Secretary's or Clerk's name: 3.6 Treasurer's name: 4.0 If Individual or Partnership, answer the following: 4.1 Date of organization: 4.2 Name and address of all partners. (State whether general or limited partnership): 5.0 If other than Corporation, or Partnership, describe organization and name principals: 6.0 Do you plan to subcontract any part of this project? If so, give details, per Section 10 of the Instruction to Bidders (update 12/3/02) Bid Packet Revised 8/29/12 Bidders Qualification Statement page 4-1

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45 7.0 Has any construction contract to which you have been a party been terminated by the owner; have you ever terminated work on a project prior to its completion for any reason; has any surety which issued a performance bond on your behalf ever completed the work in its own name or financed such completion on your behalf; has any surety expended any moneys in connection with a contract for which they furnished a bond on your behalf? If the answer to any portion of this question is "yes", please furnish details of all such occurrences including name of owner, architect or engineer, and surety, and name and date of project Has any officer or partner of your organization ever been an officer or partner of another organization that had any construction contract terminated by the owner; terminated work on a project prior to its completion for any reason; had any surety which issued a performance bond complete the work in its own name or financed such completion; or had any surety expend any moneys in connection with a contract for which they furnished a bond? If the answer to any portion of this question is "yes", please furnish details of all such occurrences including name of owner, architect or engineer, and surety, and name and date of project List name of project, owner, architect or engineer, contract amount, percent complete and scheduled completion of the major construction projects your organization has in process on this date List name of project, owner, architect or engineer, contract amount, date of completion and percent of work with own forces of the major projects of the same general nature as this project which your organization has completed in the past five years List name, address and telephone number of a reference for each project listed under Items 9.0 and 10.0, above List name and construction experience of the principal individual of your organization List the states and categories of construction in which your organization is legally qualified to do business List name, address and telephone number of an individual who represents each of the following and whom CITY may contact for a financial reference: 14.1 A surety: 14.2 A bank: 14.3 A major material supplier: 16.0 Signed at, this day of, 20. (Print or Type Name of Bidder) By: (Title) (update 12/3/02) Bid Packet Revised 8/29/12 Bidders Qualification Statement page 4-2

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47 17.0 COMPLIANCE WITH ARIZONA LAW AND FEDERAL LAW 17.1 Compliance with A.R.S Pursuant to the provisions of A.R.S , the Contractor hereby warrants to the City that the Contractor and each of its subcontractors ( Subcontractors ) will comply with all Federal Immigration laws and regulations that relate to the immigration status of their employees and the requirement to use E-Verify set forth in A.R.S (A) (hereinafter Contractor Immigration Warranty ) A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract that is subject to penalties up to and including termination of the contract The City retains the legal right to inspect the papers of any Contractor or Subcontractor employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty. The Contractor agrees to assist the City in the conduct of any such inspections The City may, at its sole discretion, conduct random verifications of the employment records of the Contractor and any Subcontractors to ensure compliance with Contractors Immigration Warranty. The Contractor agrees to assist the City in performing any such random verifications The provisions of this Article must be included in any contract the Contractor enters into with any and all of its subcontractors who provide services under this Contract or any subcontract. Services are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property In accordance with A.R.S , the Contractor hereby certifies that the offeror does not have scrutinized business operations in Iran In accordance with A.R.S , the Contractor hereby certifies that the offeror does not have scrutinized business operations in Sudan (update 12/3/02) Bid Packet Revised 8/29/12 Bidders Qualification Statement page 4-3

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49 Contractor Immigration Warranty To Be Completed by Contractor Prior to Execution of Contract A.R.S requires as a condition of your contract verification of compliance by the contractor and subcontractors with the Federal Immigration and Nationality Act (FINA), all other Federal immigration laws and regulations, and A.R.S related to the immigration status of its employees. By completing and signing this form the contractor shall attest that it and all subcontractors performing work under the cited contract meet all conditions contained herein. Project Number/Division: FI , FIRE PUMP TEST FACILITY Name (as listed in the contract): Street Name and Number: City: State: Zip Code: I hereby attest that: 1. The contractor complies with the Federal Immigration and Nationality Act (FINA), all other Federal immigration laws and regulations, and A.R.S related to the immigration status of those employees performing work under this contract; 2. All subcontractors performing work under this contract comply with the Federal Immigration and Nationality Act (FINA), all other Federal immigration laws and regulations, and A.R.S related to the immigration status of their employees; and 3. The contractor has identified all contractor and subcontractor employees who perform work under the contract and has verified compliance with Federal Immigration and Nationality Act (FINA), all other Federal immigration laws and regulations, and A.R.S Signature of Contractor (Employer) or Authorized Designee: Printed Name: Title: Date (month/day/year): (update 12/3/02) Bid Packet Revised 8/29/12 Bidders Qualification Statement page 4-4

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51 Affidavit for Individual being duly sworn, deposes and says that: a) The financial statement, taken from his/her books, is a true and accurate statement of his/her financial condition as of the date thereof; and b) all the foregoing qualification information is true, complete, and accurate. Affidavit for Partnership being duly sworn, deposes and says that: a) he/she is a member of the partnership of ; b) he/she is familiar with the books of said partnership showing its financial condition; c) the financial statement, taken from the books of said partnership, is a true and accurate statement of the financial condition of the partnership as of the date thereof; and d) all of the foregoing qualification information is true, complete, and accurate. Affidavit for Corporation or LLC being duly sworn, deposes and says that: a) he/she is of ; (Full name of Corporation or LLC) b) he/she is familiar with the books of said corporation/llc showing its financial condition; c) the financial statement, taken from the books of said corporation/llc, is a true and accurate statement of the financial condition of said corporation/llc as of the date thereof; and d) that all of the foregoing qualification information is true, complete, and accurate. Acknowledgment being duly sworn deposes and says that he/she is duly authorized to make the foregoing affidavit and that he/she makes it on behalf of ( ) himself/herself; ( ) said partnership; ( ) said corporation. Sworn to before me this day of, 20, in the County of, State of. My commission expires (Seal) (Notary Public) (update 12/3/02) Bid Packet Revised 8/29/12 Bidders Qualification Statement page 4-5

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53 NON-COLLUSION BIDDING CERTIFICATION (STATE OF ) ss. (COUNTY OF ) I, of the City of, in the County of and the State of, of full age, being duly sworn according to the law of my oath depose and say that: I am a, (Name) (Title, Position, etc.) of the firm of, the Bidder making the Bid for City of Chandler, FIRE PUMP TEST FACILITY, City Project No. FI and that I executed the said Bid with full authority so to do; that said Bidder has not, directly or indirectly entered into any Contract, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named Project; and that all statements contained in said Bid and in this affidavit are true and correct, and made with full knowledge that the City of Chandler relies upon the truth of the statements contained in said Bid and in the statements contained in this affidavit in awarding the Contract for the said Project. I further warrant that no person or selling agency has been employed or retained to solicit or secure such Contract upon an agreement of understanding, for a commission, percentage, brokerage or contingent fee, except bonafide employees or bonafide established commercial or selling agencies maintained by: (Signature of Bidder) (Printed or Typed Name of Bidder) Sworn to before me this day of, 20, in the County of, State of. (Notary Public) (update 12/3/02) Bid Packet Revised 8/29/12 Non-collusion Bidding Certification page 5-1

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55 CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS (Name of Corporation) RESOLVED that, (Person Authorized to Sign) (Title) of be authorized to sign and submit (Name of Corporation) the Bid or proposal of this corporation for the following project: CITY OF CHANDLER, FIRE PUMP TEST FACILITY, CITY PROJECT NO., FI The foregoing is a true and correct copy of the resolution adopted by at the (Name of Corporation) meeting of its Board of Directors held on the day of, 20. By: (Signature) Title: (This form must be completed if the Bidder is a corporation.) (update 12/3/02) Bid Packet Revised 8/29/12 Resolution of Board of Directors page 6-1

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57 CITY OF CHANDLER, ARIZONA CERTIFICATE OF INSURABILITY I hereby certify that as Bidder to City of Chandler FIRE PUMP TEST FACILITY; Project Number FI , I am fully aware of the City of Chandler s Insurance Requirements for Contractors and that by the submission of this Bid Proposal, assure the City of Chandler that I am able to produce the insurance coverage required (Article 9 Bid Packet) should I be selected to be the successful bidder. Should I be selected to be the successful bidder by the City of Chandler, and then become unable to produce the insurance coverage specified within ten working days I am fully aware and understand that my Bid Proposal will be rejected by the City of Chandler, and that I will forfeit my posted Bid Bond. Signature of Bidder Date Title (update 12/3/02) Bid Packet Revised 9/10/12 Certificate of Insurability page 7-1

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59 CONSTRUCTION CONTRACT ARTICLE 1 WORK ARTICLE 2 CITY S REPRESENTATIVE ARTICLE 3 - CONTRACT TIME ARTICLE 4 - LIQUIDATED AND SPECIAL DAMAGES ARTICLE 5 - CONTRACT PRICE ARTICLE 6 - PAYMENT PROCEDURES ARTICLE 7 - CONTRACTOR S REPRESENTATIONS ARTICLE 8 CONTRACT DOCUMENTS, DRAWINGS AND ADDENDA ARTICLE 9 INSURANCE ARTICLE 10 - INDEMNIFICATION ARTICLE 11 - MISCELLANEOUS (update 12/3/02) Bid Packet Rev 12/26/12 Construction Contract page 8-1

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61 CONSTRUCTION CONTRACT PROJECT TITLE: PROJECT NO: FIRE PUMP TEST FACILITY FI This CONTRACT is made this day of, 2013, by and between the City of Chandler, 215 E. Buffalo Street, Chandler, Arizona 85225, (hereinafter referred to as CITY, ) and (hereinafter referred to as CONTRACTOR. ) CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK: 1.1 CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is known as and is hereinafter referred to as FIRE PUMP TEST FACILITY, CITY PROJECT NO. FI and is described in detail in the Contract Documents which contain the full scope of work. 1.2 CONTRACTOR shall complete, provide and perform, or cause to be performed, all work in a proper and workmanlike manner, with appropriate consideration for public safety and convenience, consistent with the highest standards of professional and construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expediency consistent therewith all as more particularly described in the Contract Documents. ARTICLE 2 CITY S REPRESENTATIVE: CITY has appointed a CITY S REPRESENTATIVE (sometimes referred to as CITY REP and sometimes known as the Owner s Representative or Construction Manager) to manage this Project and to represent the CITY on the Project site. The CITY REP will assume all duties and responsibilities and will have all rights and authority assigned to the CITY REP in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Any references in the Contract Documents, or other pertinent documents, to the Engineer or Project Engineer shall mean the CITY REP. The CITY S REPRESENTATIVE for this Project is Joshua Plumb. ARTICLE 3 CONTRACT TIME: 3.1 CONTRACTOR shall submit to CITY, on or before the effective date of this Contract, a Construction Progress Schedule in Critical Path Method (CPM) format indicating the times for starting and completing the various stages of the Work, including any Milestones specified in this Contract and as more fully described in the General Conditions and other Contract Documents. Revisions/updates to the CPM schedule shall be submitted as often as necessary to accurately reflect plans for completion of the work, but no less frequently than required in the Contract Documents. 3.2 Time is of the Essence. All of the time limits for Milestones, if any, for Substantial Completion and for Completion and readiness for final payment as stated in the Contract Documents, are of the essence of the Contract. 3.3 The Work shall be substantially complete within Forty Five (45) calendar days after the date when the Contract Times commence to run as provided in the Contract Documents, and all Work shall be finally completed and ready for final payment in accordance with the Contract Documents within Sixty Five (65) calendar days after the date when the Contract Time commences to run. 3.4 Failure of CONTRACTOR to perform any covenant or condition contained in the Contract Documents within the time periods specified herein, shall constitute a material breach of this Contract entitling CITY to terminate the Contract unless CONTRACTOR applies for and receives an extension of time, in accordance with the procedures set forth in the Contract Documents (update 12/3/02) Bid Packet Rev 12/26/12 Construction Contract page 8-1

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63 3.5 Failure of CITY to insist upon the performance of any covenant or condition within the time periods specified herein, shall not constitute a waiver of CONTRACTOR S duty to perform every other covenant or condition within the designated periods, unless a specific waiver is granted in writing for each such covenant or condition. 3.6 The CITY S agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provisions contained in the Contract Documents. Failure of CONTRACTOR to complete performance promptly within the additional time authorized in the waiver or extension of time agreement shall constitute a material breach of this Contract entitling CITY to all the remedies set forth herein or provided by law. ARTICLE 4 - LIQUIDATED AND SPECIAL DAMAGES: 4.1 Liquidated Damages: It is hereby agreed that the amounts per day set forth herein in paragraph are reasonable estimates of such damages, that said amounts do in fact bear a reasonable relationship to the damage that would be sustained by CITY, and CONTRACTOR agrees to pay such liquidated damages as herein provided CITY and CONTRACTOR recognize that time is of the essence of this Contract and that CITY will suffer financial loss, in addition to and apart from the costs described in Paragraph 4.2, if the Work and/or portions of the Work are not performed and completed within the times specified in Article 3, plus any extensions thereof allowed in accordance with the Contract Documents. CITY and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving, through legal or arbitration proceedings, the actual loss suffered by CITY if the Work or portion of the Work is not completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY Four Hundred Thirty dollars and no cents ($430) for each calendar day that expires after the time specified in Article 3 for substantial completion, until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by CITY, CONTRACTOR shall pay CITY Two Hundred Fifteen dollars and no cents ($215) for each day that expires after the time specified in Article 4 for final completion and readiness for final payment. 4.2 Special Damages: In addition to the amounts provided for liquidated damages, CONTRACTOR shall pay CITY the actual costs reasonably incurred by CITY for the CITY REPRESENTATIVE, the Project Designer and for engineering and inspection forces employed on the Work for each day that expires after the time specified in Article 3 for Final Completion, including any extensions thereof made in accordance with the Contract Documents, until the Work is finally complete. The rate for CITY inspection services for this contract is $90 per hour. The rate for work by the Project Designer s extended service for this Contract is $120 per hour. The rate for work by the CITY REPRESENTATIVES is $90 per hour. Each of these hourly rates is calculated at time and one half for work required to be performed during other than normal business hours. 4.3 CITY may withhold and deduct from any payment due to CONTRACTOR the amount of liquidated damages, special damages, and other costs, such as CONTRACTOR S failed testing costs or damages to other CITY property, from any moneys due CONTRACTOR under the Contract. ARTICLE 5 - CONTRACT PRICE: CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts listed on the Bid Schedule, which is attached hereto and incorporated herein by reference, and determined pursuant to paragraphs 5.1, 5.2 and 5.3 below: 5.1. For each item of work shown on the Bid Schedule as a lump sum (LS) unit, those amounts listed on the Bid Schedule. All specific cash allowances are included in such lump sum unit price and have been computed in accordance with the Contract Documents (update 12/3/02) Bid Packet Rev 12/26/12 Construction Contract page 8-2

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65 5.2. For all Unit Price Work, an amount equal to the sum of the unit prices for each separately identified item of Unit Price Work, as indicated in the Bid Schedule, times the actual quantity of that item installed or constructed in the work, as determined by CITY REP in accordance with the Contract Documents. The unit prices listed on the Bid Schedule are all-inclusive of labor, material, profit, overhead, taxes and other miscellaneous costs pertinent to each work or bid item The estimated total of all Unit Prices and all Lump Sum items as set forth in the Bid Schedule is Dollars, ($ ). As provided in the Contract Documents, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by CITY REP. In the event CONTRACTOR believes the quantities of any item of the Work will exceed the estimated quantities listed above, CONTRACTOR shall notify CITY REP before proceeding with that item of Work in order to allow CITY REP to document and record the actual quantities. If CONTRACTOR fails to notify CITY REP prior to proceeding with any item of the Work and CITY REP is unable to verify the actual quantities to his or her satisfaction, CONTRACTOR shall be bound to the quantities estimated by CITY REP. ARTICLE 6 - PAYMENT PROCEDURES: 6.1 CONTRACTOR shall submit completed Applications for Payment in accordance with the Contract Documents. No payment application will be considered complete unless it is accompanied by an updated Construction Progress Schedule and a certification that the on-site, red lined, as-built drawings are up to date. Completed Applications for Payment will be processed by CITY REP as provided in the Contract Documents. 6.2 Progress Payments: On or before the first (1st) day of each month after the date when the Contract Time commences to run, CONTRACTOR shall submit to CITY REP, for review, completed Applications for Payment covering Work performed during the preceding calendar month. CITY will make monthly progress payments based on the progress of the Work, as shown on CONTRACTOR S Application for Payment, and as certified and approved by CITY REP and measured by the schedule of values provided for in the General Conditions subject to the conditions set forth herein and in the other Contract Documents Prior to Substantial Completion, progress payments will be made in the amount equal to the percentages indicated below, but in each case less the aggregate of payments previously made and less such amounts as CITY S REPRESENTATIVE may determine, in accordance with the General Conditions or other provisions of the Contract Documents To insure the proper performance of the contract CITY shall retain ten per cent (10%) of the amount of each approved progress payment until the Work is fifty percent (50%) complete When the Work is fifty percent (50%) complete as measured by the schedule of values and approved by CITY REP, one-half of the amount retained under the ten percent (10%) retention provision, shall be paid to CONTRACTOR, provided CONTRACTOR is on schedule for project completion and is making satisfactory progress on the Work and there is no specific cause or claim requiring a greater amount to be retained. After fifty percent (50%) completion, CITY shall retain five percent (5%) of each approved progress payment providing CONTRACTOR is on schedule for project completion, is making satisfactory progress on the Work, except that if at any time CITY determines satisfactory progress is not being made, ten percent (10%) retention shall be reinstated for all progress payments made under the contract subsequent to such determination In lieu of retention, CITY will, at the option of CONTRACTOR, accept security as provided in ARS CITY may withhold and deduct from each progress payment and final payment an amount equal to CITY S estimate of the liquidated damages then due, or that would become due based on CITY S estimate of late completion of the Work, provided CONTRACTOR fails to submit and implement a written schedule recovery plan describing the cause of schedule slippage or delayed progress and the actions proposed and taken to recover schedule slippage (update 12/3/02) Bid Packet Rev 12/26/12 Construction Contract page 8-3

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67 6.2.7 CONTRACTOR S monthly Application for Payment shall be accompanied by an updated Comprehensive Construction Progress Schedule in accordance with the requirements in the General Conditions. CONTRACTOR S Application for Payment will not be considered complete and will not be processed without such updated Construction Progress Schedule. A Gantt chart may be acceptable for simple projects, but only when specifically authorized in the contract Supplementary Conditions and/or when authorized in writing by CITY REP. 6.3 Final Payment: Upon final completion and acceptance of the Work and upon compliance with all other terms and conditions of the Contract Documents, CITY shall pay the remainder of the Contract Price, including retainage withheld, less such deductions as may be withheld to cover claims in accordance with state law and the Contract Documents, and to cover liquidated and special damages and other charges owing to CITY. ARTICLE 7 - CONTRACTOR S REPRESENTATIONS: As part of the inducement for CITY to enter into this Contract, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda) and other related data identified in the Bidding Documents, including technical data and all federal, state and local laws, ordinances, standards, rules and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) the reports of investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) and the drawings of physical conditions in or relating to existing surface or subsurface structures, at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing all the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. The reports and drawings available to CITY are listed in the Supplementary Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR s purposes. CONTRACTOR acknowledges that CITY and CITY S REP do not assume responsibility for the accuracy or completeness of information and data shown or indicated therein with respect to Underground Facilities at or contiguous to the site. CONTRACTOR acknowledges full responsibility for locating and resolving any conflicts with any Underground Facilities. 7.3 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.4 CONTRACTOR has made or caused to be made examinations, investigations, tests, studies and related data as he deems necessary, and CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, reports, and data, with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given CITY REP written notice of all conflicts, errors, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by CITY is acceptable to CONTRACTOR, and the Contract Documents are sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. CONTRACTOR assumes full responsibility and liability for any conflicts, errors or discrepancies in the Contract Documents, including, but not limited to, the specifications, design and engineering for the project, for which written notice has not been provided and which an adequate review by CONTRACTOR would have revealed. ARTICLE 8 CONTRACT DOCUMENTS, DRAWINGS AND ADDENDA: (update 12/3/02) Bid Packet Rev 12/26/12 Construction Contract page 8-4

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69 The Contract Documents which comprise the entire Contract between CITY and CONTRACTOR concerning the Work consist of those listed below. There are no Contract Documents other than the following: 8.1 The Contract 8.2 Addenda consisting of Numbers to inclusive. 8.3 The Project Design, Engineering and Specifications entitled FIRE PUMP TEST FACILITY CITY PROJECT NO. FI The Drawings, comprised of a set entitled FIRE PUMP TEST FACILITY, CITY PROJECT NO. FI Performance Bond (Section 9-1) and Payment Bond (Section 10-1). 8.6 General Conditions (pages 1 to 55, inclusive). 8.7 Supplementary Conditions N/A 8.8 Notice to Proceed to be issued after Contract award, prior to construction. 8.9 Bid Schedule (pages 2-3A to 2-3B, inclusive) 8.10 CONTRACTOR S List of Subcontractors 8.11 CONTRACTOR S Schedule of Manufacturers and Suppliers of Major Equipment and Material Items The following which may be delivered or issued after the Effective Date of this Contract and are not attached hereto: ARTICLE 9 INSURANCE: 1. General A. Written Amendments; B. Work Change Directives; C. Change Order(s). A. At the same time as execution of this Contract, CONTRACTOR shall furnish the City of Chandler a certificate of insurance on a standard insurance industry ACORD form. The ACORD form must be issued by an insurance company authorized to transact business in the State of Arizona possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to do business in the State of Arizona with policies and forms satisfactory to CITY. Provided, however, the A.M. Best rating requirement shall not be deemed to apply to required Worker s Compensation coverage. B. CONTRACTOR and any of its subcontractors, subconsultants or sublicensees shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, the insurances set forth below. C. The insurance requirements set forth below are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. D. The City in no way warrants that the minimum insurance limits contained in this Contract are sufficient to protect CONTRACTOR from liabilities that might arise out of the performance of the Contract services under this Contract by CONTRACTOR, its agents, representatives, employees, subcontractors, sublicensees or subconsultants and CONTRACTOR is free to purchase any additional insurance as may be determined necessary. E. Failure to demand evidence of full compliance with the insurance requirements in this Contract or failure to identify any insurance deficiency will not relieve the CONTRACTOR from, nor will it be considered a waiver of its obligation to maintain the required insurance at all times during the performance of this Contract (update 12/3/02) Bid Packet Rev 12/26/12 Construction Contract page 8-5

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71 F. Use of SubContractors: If any work is subcontracted in any way, CONTRACTOR shall execute a written Contract with Subcontractor containing the same Indemnification Clause and Insurance Requirements as the City requires of CONTRACTOR in this Contract. CONTRACTOR is responsible for executing the Contract with the Subcontractor and obtaining Certificates of Insurance and verifying the insurance requirements. 2. Minimum Scope and Limits Of Insurance. CONTRACTOR shall provide coverage with limits of liability not less than those stated below. A. Commercial General Liability-Occurrence Form. CONTRACTOR must maintain occurrence form Commercial General Liability insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products and completed operations, independent contractors, personal injury and advertising injury. If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess insurance must be follow form equal or broader in coverage scope than underlying insurance. B. Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles Vehicle Liability: CONTRACTOR must maintain Business/Automobile Liability insurance with a limit of $1,000,000 each accident on CONTRACTOR owned, hired, and non-owned vehicles assigned to or used in the performance of CONTRACTOR s work or services under this Contract. If any Excess or Umbrella insurance is utilized to fulfill the requirements of this paragraph, the Excess or Umbrella insurance must be follow form equal or broader in coverage scope than underlying insurance. C. Workers Compensation and Employers Liability Insurance: CONTRACTOR must maintain Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of CONTRACTOR employees engaged in the performance of work or services under this Contract and must also maintain Employers Liability insurance of not less than $1,000,000 for each accident and $1,000,000 disease for each employee. D. Professional Liability. If the Contract is the subject of any professional services or work performed by CONTRACTOR, or if CONTRACTOR engages in any professional services or work adjunct or residual to performing the work under this Contract, CONTRACTOR must maintain Professional Liability insurance covering errors and omissions arising out of the work or services performed by the CONTRACTOR, or anyone employed by CONTRACTOR, or anyone whose acts, mistakes, errors and omissions the CONTRACTOR is legally liable, with a liability limit of $1,000,000 each claim and $2,000,000 all claims. In the event the Professional Liability insurance policy is written on a claims made basis, coverage must extend for 3 years past completion and acceptance of the work or services, and CONTRACTOR, or its selected Design Professional will submit Certificates of Insurance as evidence the required coverage is in effect. The Design Professional must annually submit Certificates of Insurance citing that the applicable coverage is in force and contains the required provisions for a 3 year period. E. Builders Risk Insurance (Course of Construction). CONTRACTOR bears all responsibility for loss to all Work being performed and to buildings under construction. Unless waived in writing by the City of Chandler, CONTRACTOR will purchase and maintain in force Builders Risk-Installation insurance on the entire Work until completed and accepted by the City. This insurance will be Special Causes of Loss policy form, (minimally including perils of fire, flood, lightning, explosion, windstorm and hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, and collapse), completed value, replacement cost policy form equal to the GMP and all subsequent modifications. CONTRACTOR s Builders Risk-Installation insurance must be primary and not contributory. 1. Builders Risk-Installation insurance must name the City of Chandler, CONTRACTOR and all tiers of SubContractors as Additional Insureds and must contain a provision that this insurance will not be canceled or materially altered without at least 30 days advance notice to the City. The City must also be named as a Loss Payee under Builders Risk-Installation coverage. 2. Builders Risk-Installation insurance must cover the entire Work including reasonable compensation for architects and engineers services and expenses and other soft costs made necessary by an insured loss. Builders Risk-Installation insurance must provide coverage from the time any covered property comes under CONTRACTOR s control and or responsibility, and continue without interruption during course of construction, renovation and or installation, including any time during which any project property or equipment is in transit, off site, or while on site for future use or installation. Insured property must include, but not be limited (update 12/3/02) Bid Packet Rev 12/26/12 Construction Contract page 8-6

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73 to, scaffolding, false work, and temporary buildings at the site. This insurance must also cover the cost of removing debris, including demolition as may be legally required by operation of any law, ordinance, regulation or code. 3. CONTRACTOR must also purchase and maintain Boiler and Machinery insurance with the same requirements as Builders Risk-Installation insurance cited above if the Work to be performed involves any exposures or insurable property normally covered under a Boiler and Machinery insurance policy or made necessary as required by law or testing requirements in the performance of this Contract. CONTRACTOR will be responsible for any and all deductibles under these policies and CONTRACTOR waives all rights of recovery and subrogation against the City under CONTRACTOR-provided Builders Risk-Installation insurance described above. 4. Builders Risk Insurance must be maintained until whichever of the following first occurs: (i) final payment has been made; or, (ii) until no person or entity, other than the City, has an insurable interest in the property required to be covered. a. The Builders Risk insurance must be endorsed so that the insurance will not be canceled or lapse because of any partial use or occupancy by the City. b. This insurance must include as named insureds, the City, CONTRACTOR, SubContractors, Subconsultants and others with an insurable interest in the Work who will be named as additional insureds unless they are able to provide some level of coverage with the City and CONTRACTOR named as additional insureds. Certificates must contain a provision that the insurance will not be canceled or materially altered without at least 30 days advance notice to the City. The City must also be named as a Loss Payee under the Builders Risk-Installation coverage. c. This insurance must be written using the Special Causes of Loss policy form, replacement cost basis. d. All rights of subrogation are, by this Contract, waived against the City of Chandler, its officers, officials, agents and employees. policy. e. CONTRACTOR is responsible for payment of all deductibles under the Builders Risk 3. Additional Policy Provisions Required. A. Self-Insured Retentions Or Deductibles. Any self-insured retentions and deductibles must be declared and approved by the City. If not approved, the City may require that the insurer reduce or eliminate any deductible or self-insured retentions with respect to the City, its officers, officials, agents, employees, and volunteers. B. City as Additional Insured. The policies are to contain, or be endorsed to contain, the following provisions: 1. The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, agents, and employees are additional insureds with respect to liability arising out of activities performed by, or on behalf of, CONTRACTOR including the City's general supervision of the CONTRACTOR; Products and Completed operations of CONTRACTOR; and automobiles owned, leased, hired, or borrowed by CONTRACTOR. 2. CONTRACTOR s insurance must contain broad form contractual liability coverage and must not exclude liability arising out of explosion, collapse, or underground property damage hazards ( XCU ) coverage. 3. The City, its officers, officials, agents, and employees must be additional insureds to the full limits of liability purchased by CONTRACTOR even if those limits of liability are in excess of those required by this Contract. 4. CONTRACTOR's insurance coverage must be primary insurance with respect to the City, its officers, officials, agents, and employees. Any insurance or self-insurance maintained by the City, its officers, officials, agents, and employees shall be in excess of the coverage provided by CONTRACTOR and must not contribute to it (update 12/3/02) Bid Packet Rev 12/26/12 Construction Contract page 8-7

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75 5. CONTRACTOR's insurance must 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. 6. Coverage provided by CONTRACTOR must not be limited to the liability assumed under the indemnification provisions of this Contract. 7. The policies must contain a severability of interest clause and waiver of subrogation against the City, its officers, officials, agents, and employees, for losses arising from Work performed by CONTRACTOR for the City. 8. CONTRACTOR, its successors and or assigns, are required to maintain Commercial General Liability insurance as specified in this Contract for a minimum period of 3 years following completion and acceptance of the Work. CONTRACTOR must submit a Certificate of Insurance evidencing Commercial General Liability insurance during this 3 year period containing all the Contract insurance requirements, including naming the City of Chandler, its agents, representatives, officers, directors, officials and employees as Additional Insured as required. 9. If a Certificate of Insurance is submitted as verification of coverage, the City will reasonably rely upon the Certificate of Insurance as evidence of coverage but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this Contract. If any of the required policies expire during the life of this Contract, the CONTRACTOR must forward renewal or replacement Certificates to the City within 10 days after the renewal date containing all the necessary insurance provisions. ARTICLE 10 INDEMNIFICATION: To the fullest extent permitted by law, CONTRACTOR, its successors, assigns and guarantors, shall defend, indemnify and hold harmless City and any of its elected or appointed officials, officers, directors, commissioners, board members, agents or employees from and against any and all allegations, demands, claims, proceedings, suits, actions, damages, including, without limitation, property damage, environmental damages, personal injury and wrongful death claims, losses, expenses (including claim adjusting and handling expenses), penalties and fines (including, but not limited to, attorney fees, court costs, and the cost of appellate proceedings), judgments or obligations, which may be imposed upon or incurred by or asserted against the City by reason of this Contract or the services performed or permissions granted under it, or related to, arising from or out of, or resulting from any negligent or intentional actions, acts, errors, mistakes or omissions caused in whole or part by CONTRACTOR, or any of its subcontractors, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, relating to the discharge of any duties or the exercise of any rights or privileges arising from or incidental to this Contract, including but not limited to, any injury or damages claimed by any of CONTRACTOR s and subcontractor s employees. ARTICLE 11 MISCELLANEOUS: 11.1 Terms used in this Contract which are defined in the General Conditions, shall have the meanings indicated in the General Conditions The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in these Contract Documents (update 12/3/02) Bid Packet Rev 12/26/12 Construction Contract page 8-8

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77 IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first written above. This Contract will be effective on, CITY OF CHANDLER CONTRACTOR By: MAYOR Date Signature ADDRESS FOR NOTICE Printed or Typed City of Chandler ADDRESS FOR NOTICE P.O. Box 4008, Mail Stop 407 Chandler, AZ Phone: Fax: Phone: Fax: ATTEST: ATTEST: If Corporation City Clerk Secretary APPROVED AS TO FORM: City Attorney SEAL (update 12/3/02) Bid Packet Rev 12/26/12 Construction Contract page 8-9

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79 PERFORMANCE BOND ARIZONA STATUTORY PERFORMANCE BOND PURSUANT TO TITLES 28, 34, AND 41, ARIZONA REVISED STATUTES (Penalty of this bond must be 100% of the Contract amount) KNOW ALL MEN BY THESE PRESENTS THAT: (hereinafter "Principal"), and (hereinafter "Surety"), a corporation organized and existing under the laws of the State of with its principal office in the City of, holding a certificate of authority to transact surety business in Arizona issued by the Director of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly bound unto (hereinafter "Obligee") in the amount of - (Dollars) ($ ), for the payment whereof, 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 day of, 20 for construction of FIRE PUMP TEST FACILITY, CITY PROJECT NO. FI which contract is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and fulfills all 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 of the Surety, and during the life of any guaranty required under the contract, and also performs and fulfills all 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 same extent as if it were copied at length in this Contract. 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. Witness our hands this day of, 20. AGENT OF RECORD PRINCIPAL SEAL By SURETY SEAL AGENT ADDRESS (update 12/3/02) Bid Packet Revised 9/13/12 Performance Bond page 9-1

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81 PAYMENT BOND ARIZONA STATUTORY PAYMENT BOND PURSUANT TO TITLES 28, 34, AND 41, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond must be 100% of the Contract amount) KNOW ALL MEN BY THESE PRESENTS THAT: (hereinafter "Principal"), as Principal, and (hereinafter "Surety"), a corporation organized and existing under the laws of the State of with its principal office in the City of, holding a certificate of authority to transact surety business in Arizona issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly bound unto (hereinafter "Obligee") in the amount of - (Dollars) ($ ), for the payment whereof, the Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of, 20 for construction of FIRE PUMP TEST FACILITY, CITY PROJECT NO. FI 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 moneys 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 said 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 it were copied at length in this Contract. 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. Witness our hands this day of, 20. AGENT OF RECORD PRINCIPAL SEAL By SURETY SEAL AGENT ADDRESS (update 12/3/02) Bid Packet Revised 9/13/12 Payment Bond page 10-1

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83 CITY OF CHANDLER PRIVILEGE TAX LICENSE (Refer to Article 20.2, Instruction to Bidders; Special Requirements) PROJECT NAME: FIRE PUMP TEST FACILITY PROJECT NUMBER: FI Please attach current certificate per Article (update 12/3/02) Bid Packet Revised 9/13/12 Chandler Privilege Tax License page 11-1

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85 CITY OF CHANDLER, ARIZONA TRANSPORATION & DEVELOPMENT DEPARTMENT CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS Project Name: Project No.: To the City of Chandler, Arizona Gentlemen: FIRE PUMP TEST FACILITY FI , Arizona Date This is to certify that all lawful claims for materials, rental of equipment and labor used in connection with the construction of the above project, whether by subcontractor or claimant in person, have been duly discharged. The undersigned, for the consideration of $, as set out in the final pay estimate, as full and complete payment under the terms of the contract, hereby waives and relinquishes any and all further claims or right of lien under, in connection with, or as a result of the above described project. The undersigned further agrees to indemnify and save harmless the City of Chandler against any and all liens, claims or liens, suits, actions, damages, charges and expenses whatsoever, which said City may suffer arising out of the failure of the undersigned to pay for all labor performances and materials furnished for the performance of said installation. Signed and dated at, this day of 20. CONTRACTOR STATE OF ARIZONA ) ) SS COUNTY OF MARICOPA ) By The foregoing instrument was subscribed and sworn to before me this day of 20. Notary Public My Commission Expires (update 12/3/02) Bid Packet Revised 9/13/12 Contractor s Affidavit Regarding Settlement of Claims page 12-1

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87 CITY OF CHANDLER, ARIZONA TRANSPORATION & DEVELOPMENT DEPARTMENT CERTIFICATE OF COMPLETION Project: Project No.: FIRE PUMP TEST FACILITY FI (TO BE COMPLETED BY CONTRACTOR) I HEREBY CERTIFY THAT ALL GOODS AND/OR SERVICES REQUIRED BY CITY OF CHANDLER PROJECT NO. FI HAVE BEEN DELIVERED IN ACCORDANCE WITH THE CONTRACT DOCUMENTS AND BID SPECIFICATIONS AND ALL ACTIVITIES REQUIRED BY THE CONTRACTOR UNDER THE CONTRACT HAVE BEEN COMPLETED AS OF. (Date) FIRM NAME: PRINCIPAL: (Name) (Signature) DATE: (Title) CERTIFIED BY ENGINEER/CONSULTANT: (Signature) DATE: (Firm Name) PROJECT ACCEPTED BY USER DEPARTMENT (Signature) DATE: (Dept./Div.) Date of Final Walk-Through Date As-Built Received City As-Built Number (update 12/3/02) Bid Packet Revised 9/10/12 Certificate of Completion page 13-1

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89 APPLICATION & CERTIFICATION FOR PAYMENT NO. CONSTRUCTION PHASE APPLICATION/CERTIFICATION FOR PAYMENT # City if Chandler Project Title: FIRE PUMP TEST FACILITY City of Chandler Project No.: FI Covering the Period From: / / to: / / For Official Use Only SUBMITTED Record ID Date Contractor Information: PO Number: Invoice Number: Name: Phone Number: ( ) - Address: Fax Number: ( ) - Remit to Address: Address: Contact: Consultant/Engineer Information: Name: Phone Number: ( ) Address: Fax Number: ( ) Contact: Address: Application is made for payment as shown below and on the attached Payment Schedule Summary Sheet in accordance with the Contract Documents: Original Contract Price: $ Change Orders: Number Date Approved Amount / / $ / / $ / / $ / / $ / / $ Adjusted Contract Price (Original Contract Price + Total Change Orders Amount):$ Total Percent Complete to Date: % Total Amount Due to Date (as referenced on attached Progress Summary): $ Total Percent Retained to Date: % Total Amount Retained to Date: $ Total Amount Earned to Date (Total Amount Due Retained to Date): $ Total Previous Certificates for Payment: $( ) Current Payment Due (Total Amount Due Total of Previous Certificates for Payment): $ Contractor s Certification The undersigned contractor certifies that the work covered by this Application for Payment has been completed in accordance with the Contract Documents; that all amounts have been paid by him for work which previous Certificates of Payment were issued and payments received from the Owner; and that the current payment requested as shown is current, accurate, and complete. Authorized Signature Date Consultant s/engineer s Certification The Consultant/Engineer has reviewed this Application; accompanying data; and schedules and, having made on-site observation of the work consistent with his assigned responsibilities, certifies that to the best of his knowledge and belief the quality of the work performed is in accordance with the Contract Documents; that the work has progressed as indicated herein; and that the Contractor is entitled to payment in the amount shown above. Authorized Signature Date FOR OFFICIAL COC USE ONLY Approved By: Project Manager Date PO # Project Owner Date Budget Account # s Budget Account # s City of Chandler, Transportation and Development Mail Stop 407, PO Box 4008, Chandler, AZ Revised 2/10/11 Application/Certification for payment page 14-1

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91 CITY OF CHANDLER, ARIZONA MONTHLY PROGRESS ESTIMATE NO. PROJECT TITLE: FIRE PUMP TEST FACILITY PROJECT NUMBER: FI Attach to Payment Request Quantities Dollar Amount Item # Description Unit Bid Price Bid Qty Unit Price Previous This Period To Date Previous This Period To Date Change Order #'s CHANGE ORDERS TOTAL TOTALS (update 12/3/12) Bid Packet Revised 9/13/12 Construction Progress Estimate page 15-1

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93 ACKNOWLEDGMENT OF ESTIMATE OF WORK As of, 20, the City of Chandler is in receipt of the Estimate of Work for: Project Name: Project Number: FIRE PUMP TEST FACILITY FI in the amount of $. As of this date, the City of Chandler has approved the Estimate of Work for Payment for the above amount with the following exceptions: The City of Chandler hereby certifies and approves payment in the amount of $. The City of Chandler will issue you a check for the approved amount on or before, 20. Project Manager cc: Engineer/Consultant Offsite Inspections Accounting File (update 12/3/02) Bid Packet Revised 9/13/12 Acknowledgment of Estimate of Work page 16-1

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95 CITY OF CHANDLER CHANGE ORDER CITY OF CHANDLER CHANGE ORDER NUMBER DATE This Change Order in not valid until signed by both the City and the Contractor. Signature of the Contractor indicates agreement herewith, including any adjustments in the Contract Price or Contract Time. PROJECT NAME: FIRE PUMP TEST FACILITY CONTRACTOR: PROJECT NO.: FI COST ACCT #: USER DEPT: NTP DATE: TO: (CONTRACTOR) YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES TO THIS CONTRACT: (Describe changes in detail (Exhibit A) and/or cost breakdown sheet (Exhibit B), if applicable) These changes result in the following adjustments of contract amount and time: Original Contract amount: $ Current Contract amount, prior to this Change Order: (including previous change orders) $ Net change resulting from this Change Order: (if over $50,000 from Contract amount previously approved by Council, Council action is required) $ Revised Contract amount, including this Change Order: $ Last Contract amount approved by Council: $ Change Order % of last Contract amount approved by Council: (if over 10% of previous amount approved by Council, Council action is required) % Contract time or completion date prior to this Change Order: (including previous change orders) Net change resulting from this Change Order: Revised contract time and completion date: THE ABOVE IS AGREED TO BY: Days Days or Days or Date Date CONTRACTOR Signature Date CITY OF CHANDLER (Date & Name of Owner Dept. verbal approval): For Change Orders less than $50,000 or less than 10% of Contract amount approved by Council, or for Revised Contract amount totaling less than $50,000. DEPARTMENT DIRECTOR / DESIGNEE Date Or (but not both) For Change Orders of $50,000 or more, or 10% or more of last Contract amount approved by Council: MAYOR Approved by Council on: Approved as to Form: Date Date Attest: City Clerk Date City Attorney by (initials): E-copy: Project Analyst Project Support Asst. Owner Project Mgr Orig.- City Clerk Revised 9/21/11 Bid Packet (update 2/25/03) Change Order Form page 17-1

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97 CONSTRUCTION SIGN DETAIL 8' CITY OF CHANDLER PUTTING YOUR FUNDS TO WORK PROJECT TITLE: 4' 3" PROJECT NUMBER: 3" 2" PROJECT COST: 3" 2" CONTRACTOR: 3" 2" ENGINEER: 3" 3" <--- 4" X 4" POSTS ---> 3" 5" 3" 5" 3" 5" NOTES: SIGN(S) SHALL BE FURNISHED AND ERECTED PRIOR TO COMMENCEMENT OF CONSTRUCTION. POSTS SHALL BE ANCHORED A MINIMUM OF TWO FEET INTO THE GROUND. BOTTOM OF SIGN SHALL BE A MINIMUM OF FOUR FEET ABOVE THE GROUND. TYPICAL PROJECT IDENTIFICATION SIGN FOR GENERAL PROJECTS SHALL BE NON-REFLECTORIZED GREEN BACKGROUND, AND NON-REFLECTORIZED WHITE LETTERS AND NUMERALS. ONE SIGN SHALL BE ERECTED FOR BUILDINGS AND OTHER LIMITED AREA SINGLE SITES. FOR MULTIPLE SITES, ONE SIGN SHALL BE ERECTED AT EACH SITE. FOR LINEAR PROJECTS ONE HALF MILE OR LONGER, PLACE ONE SIGN AT EACH END OF THE PROJECT (update 12/3/02) Bid Packet Revised 9/13/12 Construction Sign Detail page 18-1

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99 CONSTRUCTION CONTRACT GENERAL CONDITIONS (update 12/3/02) Bid Packet Revised 9/13/12 Construction Contract General Conditions page 19-1

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