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Contract # : C-10425 - MGC CONTRACTORS INC; - Execution Date: 11/10/2015 C-10425 ORIGINAL 11/10/2015 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE,ARIZONA AND MGC CONTRACTORS,INC. fkk THIS LINKING AGREEMENT (this"Agreement")is entered into as of this J D day of ove,0'9ev, 2015, between the City of Glendale, an Arizona municipal corporation (the "City"), and MGC Contractors,Inc.,an Arizona corporation ("Contractor"),collectively,the"Parties." RECITALS A. On April 12,2013,under the S.A,V.E Cooperative Purchasing Agreement,the City of Peoria entered into a contract with Contractor to purchase the goods and services described in the Job Order Contract for Water & Watsewater Treatment Facilities Project, Contract No. ACON18413A ("Cooperative Purchasing Agreement"), which is attached hereto as Exhibit A. The Cooperative Purchasing Agreement permits its cooperative use by other governmental agencies including the City. B. Section 2-149 of the City's Procurement Code permits the Materials Manager to procure goods and services by participating with other governmental units in cooperative purchasing agreements when the best interests of the City would be served. C. Section 2-149 also provides that the Materials Manager may enter into such cooperative agreements without meeting the formal or informal solicitation and bid requirements of Glendale City Code Sections 2-145 and 2-146. D. The City desires to contract with Contractor for supplies or services identical, or nearly identical,to the supplies or services Contractor is providing other units of government under the Cooperative Purchasing Agreement. Contractor consents to the City's utilization of the Cooperative Purchasing Agreement as the basis of this Agreement,and Contractor desires to enter into this Agreement to provide the supplies and services set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference,and the covenants and promises contained in this Linking Agreement,the parties agree as follows: 1. Term of Agreement. The City is purchasing the supplies and/or services from Contractor pursuant to Cooperative Purchasing Agreement. According to the Cooperative Purchasing Agreement award and rate sheet,which are attached hereto as part of Exhibit B, purchases can be made by governmental entities from the date of award, which was April 12, 2013, until the date the contract expires on April 11, 2016, unless the term of the Cooperative Purchasing Agreement is extended by the mutual agreement of the original contracting parties. The Cooperative Purchasing Agreement, however, may not be extended beyond April 11, 2018. The initial period of this Agreement, therefore, is the period from the Effective Date of this Agreement until April 11, 2016. The City Manager or designee, however, may renew the term of this Agreement for two (2) one-year periods until the Cooperative Purchasing Agreement expires on April 11, 2018. Renewals are not automatic and shall only occur if the City gives the Contractor notice of its intent to renew. The City may give the Contractor notice of its intent to renew this Agreement 30 days prior to the anniversary of the Effective Date to effectuate such renewal. 2. Scope of Work:Terms,Conditions.and Specifications. A. Contractor shall provide City the supplies and/or services identified in the Scope of Work attached as Exhibit C. B. Contractor agrees to comply with all the terms, conditions and specifications of the Cooperative Purchasing Agreement. Such terms, conditions and specifications are specifically incorporated into and ate an enforceable part of this Agreement. 3. Compensation. A. City shall pay Contractor compensation at the same rate and on the same schedule as the Cooperative Purchasing Agreement, unless the City and Contractor agree to a different schedule,as provided in Exhibit D. B. The total purchase price for the supplies and/or services purchased under this Agreement shall not exceed one million four hundred fifty-four thousand four hundred and twelve dollars ($1,454,412). 4. Cancellation. This Agreement may be cancelled pursuant to A.R.S. §38-511. 5. Non-discrimination. Contractor must not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran status or any disability. Contractor will require any Sub-contractor to be bound to the same requirements as stated within this section. Contractor, and on behalf of any subcontractors,warrants compliance with this section. 6. Insurance Certificate. A new certificate of insurance applying to this Agreement must be provided to the City prior to the Effective Date. 7. E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of A.R.S.§41-4401. 2 9/15/15 B. Notices. Any notices that must be provided under this Agreement shall be sent to the Parties'respective authorized representatives at the address listed below: City of Glendale c/o Jirn McMains 5850 West Glendale Avenue Glendale,Arizona 85301 623-930-3630 and MGC Contractors,Inc. cio Randy Gates 4110 East Elwood Street Phoenix,Arizona 85040 602-437-5000 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year set forth above. "Cit ' "Contractor" City of Gle ',Fe,an A:'ona MGC Contractors,Inc., m '« •, corporati• an Arizona corporation B 00,„/ f �- / ' �• ___ y. By: Richard A. Bower Name: Randy L.t7ates Acting City Manager Tide: President A 01:,. 0 41,49/ ___Aticerif Oil': ______ Pamela Hanna (SEAL) City Clerk APPROVED AS TO FORM: Bailey -------) City Attorney 3 9/15/15 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE,ARIZONA AND MGC CONTRACTORS,INC. EXHIBIT A Job Order Contract for Water&Wastewater Treatment Facilities Project-ACON18413A Acceptance of Offer and Contract Award April 11,2013 Contract Amendment to extend term to April 11,2015 Contract Amendment to extend term to April 11,2016 4 9/15/15 JOE ORDER CONTRACT AGREEMENT Co; 0 , J IIli!? - i * ' ref ' a\ 1� '191 Nrif 54 ^ I 10 6 4, I , % P13-0042 Water & Wastewater Treatment FaciIiti€s Projects CONTRACT FOR CONSTRUCTION -2- 03/115/13 CF JOB ORDER CONTRACT AGREEMENT TABLE OF CONTENTS ARTICLE 1 DEFINITIONS ARTICLE 2 CONTRACT TERM ARTICLE 3 PERFORMANCE OF THE WORK ARTICLE 4 JOB ORDER DOCUMENTS ARTICLE 5 MATERIAL AND WORKMANSHIP ARTICLE 6 SITE CONDITIONS ARTICLE 7 JOB ORDER SCHEDULES ARTICLE 8 INSPECTION OF CONSTRUCTION AND ACCEPTANCE ARTICLE 9 INVOICING AND PAYMENT ARTICLE 10 CHANGES ARTICLE 11 INSURANCE&BONDS ARTICLE 12 INDEMNIFICATION ARTICLE 13 DISPUTES ARTICLE 14 TERMINATION AND DEFAULT ARTICLE 15 WARRANTY OF CONSTRUCTION ARTICLE 16 STANDARD TERMS AND CONDITIONS ATTACHMENTS Attachment A JOC General Scope of Services Attachment B SIQ&Contractor's Response Attachment C JOC Cost Proposal Forms(Pricing Matrix,Project Cost Sheet,&Contractor's Labor Rates) Attachment D Contractor's Contacts(Contact List&Authorized Signature Form) -3- 03/05/13 CF JOB OIIdDER CONTRA G CONTRACT THIS CONTRACT is entered into and made effective the La day of << and between the City of Peoria, Arizona. an Arizona charter municipality (the "Owner), and Contractors:Inc., (the"Job Order Contractor"). The parties agree as follows; 1. DEFINITIONS. 1.1. Owner. Owner means Owner's senior manager, Contracting Officer or a duly authorized representative which means any person specifically authorized to act for Owner by executing the Contract and any modification thereto. Owner's duties include administration of the Contract, including the negotiation of change orders and modifications and assessing Job Order Cont actor's technical performance and progress;inspecting and periodically reporting on such performance and progress during the stated period of performance,and finally certifying as to the acceptance of the Work in its entirety or any portion thereof as required by the Contract documents. 1.2. ,Job Order Contractor;. Job Order Contractor means Job Order Contractor's senior manager or its duly authorized representative or any person specifically authorized to act for Job Order Contractor by executing the Contract, and any modifications thereto. Job Order Contractor's duties include administration of the Contrast and performance of the Work. 1.3. pater& Contract means this agreement inchrding its attachments and any Job Orders that may be issued. 1.4. Subcontract.. Subcontract means any Contract including purchase orders (other than one involving an employer-employee relationship) entered into by Job Order Contractor calling for equipment,supplies or services required for Contract perfomemce,including any modifications iher+eta. 1.5. Job Order. Job Order means a specific written agreement between the Owner and the Job Order Contractor for Work to be performed under this Contract for an individual,mutually agreed upon scope of work,schedule and price. 1.6. Nadi. Work means in response to lob Orders that may be mutually agreed upon and issued periodically by Owner.Job Order Contractor shall,except as may be specified elsewhere in the Contract, furnish all necessary labor, materials, tools, supplies, exlluipmmt, transportation, supervision, msnagenent,and perform all operations necessary and required for survey,design,and construction work which will be defined and farther described as to specific project requirements in each Job Order, The Work shall be performed in accordance with the requirements set forth in each Job Order and as further specified in Attachment "4"(General Scope of Services), Awaehmeivt "D" (SIQ & Contractor's Response), Altachreerrt "C" (JOC Cost Proposal Forms), and in Agee/went "D" (Contractor's Contacts),all of which are incorporated herein and made a part hereof. 1.7. reach List Preparation. A minimum of thirty(30) days prior to Final Completion the Job Order Contractor,in conjunction with the Owner,shall prepare a comprehensive list of Punch list items, which the Owner may edit and supplement.The Job Order Contractor shall proceed promptly to complete and correct Pooch lid items.Failure to include an item on the Punch list does not altar the responsibility of the Job Order Contractor to complete all Work in accordance with the Crazed Documents.Warranties required by the Contract Documents shall not commence until the date of Final Completion unless otherwise provided in the Contract Documents. 1.8. $Irl Completion, Final Completion of the Work shall be deemed to have occurred on the later of the dates that the Work passes a Final Completion inspection and acceptance by the Owner.Final Completion shall not be deemed to have occurred and no final payment shall be due the Job Order -4- 031gS113 CF Contractor or any of its subcontractors or suppliers until the Work has passed the Final Completion inspection and acceptance and all required Final Completion closeout documentation items has been produced to the Owner by the Job Order Contractor. 1.9. Reference Standards 1.9.1. The"Uniform Standard Specifications for Public Works Construction"and the"Uniform Standard Details for Public Works Construction"which are sponsored and distributed by the Maricopa Association of Governments(MAO),and which are hereinafter referred to as the"MAO Specifications", are hereby adopted as part of these contract documents. 1.9.2. July 15, 1997 by Section 23-50a of Ordinance 97-38, the City of Peoria adopted the "Uniform Standard Details for Public Works Construction from the Maricopa County Association of Governments by reference with certain exceptions. 1.9.3. A copy of these documents is kept on file at the Office of the City Clerk at the City of Peoria. 2. CONTRACT TERM 2.1. Contract Term. The term of the Contract shall commence on the date it was executed by both parties and shall continue for a period of one (1) year thereafter in accordance with the terms and conditions of this Contract. By mutual written Contract Amendment, any resultant contract may be extended for supplemental periods of up to a maximum of forty-eight(48)months. Job Orders may be issued at any time during the term of this Contract. This Contract will remain in full force and effect during the performance of any Job Order. 2.2. Job Order. In response to Job Orders that may be mutually agreed upon and issued periodically by Owner. Job Order Contractor shall perform the Work, except as may be specified elsewhere in the Contract, which will be defined and further described as to specific project requirements in each Job Order. The Work shall be performed in accordance with the requirements set forth in each Job Order and as further specified in Attachment "A"(General Scope of Services), Attachment "r" (SIQ & Contractor's Response), Attachment "C" (JOC Cost " " Proposal Farms), and in Attachment �t (Contractor's Contacts),all of which are incorporated herein and made a part hereof. 2.3. Mutual Agreement. This Contract embodies the agreement of Owner and Job Order Contractor to terms and conditions which will govern any Work that may be prescribed under a Job Order that may be issued by Owner and agreed to by Job Order Contractor. Nothing herein shall be construed as requiring Owner to issue any Job Order,nor requiring Job Order Contractor to accept any Job Order,it being the intent that both parties must mutually agree to any specific Work before a Job Order may be issued. 2.4. Cooperative Pardoasina: While this contract is for the City of Peoria,other public agencies and political subdivisions have expressed interest in utilizing the contract. In addition to the City of Peoria, and with approval of the contractor, this contract may be extended for use by other eligible public agencies(i.e.municipalities,school districts,nonprofit educational institutions,public health institutions, and government agencies of the State). Eligible public agencies who elect to utilize the contract through cooperative purchasing(or piggybacking)on the contract do so at their discretion. No volume is implied or guaranteed,and the contractor must be in agreement with the cooperative transaction. The:Strategic Alliancefor Volume Expenditures(SAVE),a group of school districts and other public agencies, have signed an intergovernmental cooperative purchase agreement to obtain economies of scale. As a member of SAVE,the City of Peoria will act as the lead agency. Any such usage by other participating public agencies must be in accordance with the ordinance,charter and/or procurement rules and regulations of the respective public agency. School District Procurement Rules A.A.C.R7-2-1191 through R7-2-1195 authorizes and governs intergovernmental procurements. Potential participating public agencies (i.e. -5- 03/05/13 CF municipalities, school districts, nonprofit educational institutions, public health institutions, and government agencies of the State)recognize potential equipment, logistical and capacity limitations by the contractor may limit the contractor's ability to extend use of this contract. Any orders placed to the contractor will be placed by the specific public agency participating in this purchase, and payment for purchases made under this agreement will be the sole responsibility of each participating public agency. The City of Peoria shall not be responsible for any disputes arising out of transactions made by otheta. 3. PERFORMANCE OF THE WORK 3.1. Job Order Agreement. Performance of the Work shall be undertaken only upon the issuance of written Job Orders by Owner. Job Orders shall be in accordance with the requirements specified in Attachment "A"(General Scrape of Services), Attachment "B" (SIQ & Contractor's Response), Attachment"C"(JOC Cost Proposal Forms),and in Attachment "D" (Contractor's Contacts).and shall set forth,with the necessary particularity,the following. 3.1.1. Contract number along with Job Order Contractor's name; 3.1.2. Job Order number and date; 3.1.3. The agreed Work and applicable technical specifications and drawings; 3.1.4. The agreed period of performance and,if required by Owner,a work schedule; 3.1.5. The place of performance; 3.1.6. The agreed total price for the Work to be performed; 3.1.7. Submittal requirements; 3.1.8. Owner's authorized representative who will accept the completed Work; 3.1.9. Signatures by the parties hereto signifying agreement with the specific terms of the Job Order;and 3.1.10.Such other information as may be necessary to perform the Work 3.2. Job Order Contractor Duties and Obligations. 3.2.1. Permits&Responsibilities. Job Order Contractor shall be responsible for processing of drawings,for approval by appropriate oversight bodies; for obtaining any necessary licenses and permits; and for complying with any Federal, State and municipal laws, codes, and regulations applicable to the performance of the Work. Owner will reimburse Job Order Contractor for the actual,documented costs of construction permits required for the performance of the Work. Job Order Contractor shall also be responsible for all damages to persons or property that occur as a result of Job Order Contractor's fault or negligence, and shall take proper safety and health precautions to protect the Work, the workers, the public, and the property of others. Job Order Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire Work, except for any completed unit of Work which may have been accepted under the Contract. 3.2.2. Self-Performance By The Job-Order-Contractor. The JOC shall be allowed to bid as a subcontractor for work over$50,000 and, if it is the lowest acceptable bidder. Any change orders for self-performed work shall require pre-approval by the owner. -6- 03/05113 CF 3.2.3. Outdoor Construction Restrictions. Peoria Ordinance No. 98-11 restricts outdoor construction as listed in the following table: Construction Type April 2—September 29 September 30—April 1 A Concrete Work 5:00 a.m.to 7:00 p.m. 6:00 a.m.to 7:00 p.m. B Other Construction(within 500 feet of 6:00 a.m.to 7:00 p.m. 7:00 a.m.to 7:00 p.m. residential area) - C Construction Work(more than 500 fed am.5:00 m.to 7:00 p.m. 5:00 a.m.to 7:00 p.m of residential area) 3.2.3.1. No interference with the traffic flow on arterial streets shall be permitted during the hours of 6:00 a.m.to 8:30 am. or from 4:00 p.m. to 7:00 p.m.unless prior authorization is obtained in writing by the City of Peoria Traffic Engineer or their assignee. Specific work hours may be stipulated by the City of Peoria on the project barricade plan. 3.2.3.2. During off peak hours, the minimum number of lanes shall be two lanes (one in each direction)on streets with four lanes or less and four lanes(two in each direction)on streets with five or more lanes. 3.2.3.3. Night work must have prior authorization from the City. In addition,certain areas of the City may have seasonal or special event restrictions for construction work as designated by the City on a case by case basis. 3.2.4. Jobslte Superintendent. During performance of a Job Order and until the Work is completed and accepted,Job Order Contractor shall directly superintend the Work or assign a competent superintendent who will supervise the performance of Work and is satisfactory to Owner and has authority to act for Job Order Contractor. 3.2.4.1. Job Order Contractor will ensure that the site supervisor for the project is English proficiart and that there is at least one English proficient person at the construction site at all times work is being performed in order to communicate with the City's project manager. 3.2.5. Construction Layout. Job Order Contractor shall lay out its work in accordance with the Contract plans and specifications and shall be responsible for all measurements in connection with the layout of the Work. Job Order Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to layout any part of the Work. Job Order Contractor shall also be responsible for maintaining and preserving all control points established by Owner. 3.2.6. Ifarvev Centrad Points. Existing survey markers(either brass caps or iron pipes) shall be protected by the Contractor or removed and replaced under direct supervision of the City Engineer or his authorized representatives. Survey monuments shall be constructed to the requirements of MAG Specifications, Section 405,and Standard Details. Lot corners shall not be disturbed without knowledge and consent of the property owner. The Contractor shall replace benchmarks,monuments,or lot corners s moved or destroyed during construction at no expense to the Owner. Contractor and his sureties shall be liable for correct replacement of disturbed survey benchmarks except where the Owner elects to replace survey benchmarks using Ms own forces. 3.2.7. Traffic Regulations. All traffic affected by this construction shall be regulated in accordance with the City of Phoenix—Traffic Barricade manual,latest edition,and the City of Phoenix in the Traffic Barricade Manual shall be referred to as the City of Peoria City Engineer for interpretation. -7- 03/05/13 CF At the time of the pre-construction conference,the Contractor shall designate an employee who is well qualified and experienced in construction traffic control and safety to be responsible for implementing, monitoring and altering traffic control measure,as necessary. At the same time the City will designate a representative who will be responsible to see that all traffic control and any alterations are implemented and monitored to the extent that traffic is carried throughout the work area in an effective manner and that manner and that motorists,pedestrians,bicyclists and workers are protected from hazard and accidents. 3.2.7.1. The following shall be considered major streets: AU major Parkway,mile(section line), arterial and collector(mid-section line and quarter section line)streets so classified by the City of Peoria. 3.2.7.2. All traffic control devices required for this project shall be the responsibility of the Contractor. The Contractor shall place advance warnings; REDUCE SPEED,LOOSE GRAVEL,25 MPH SPEED LIMIT and DO NOT PASS signs in accordance with the Traffic Barricade Manual. 3.2.73. The Contractor shall provide, erect and maintain all necessary flashing arrow boards, barricades, suitable and sufficient warning lights signals and signs, and shall take all necessary precautions for the protection of the work and safety of the public. The Contractor shall provide, erect and maintain acceptable and adequate detour signs at ill closures and along detour routes. 3.2.7.4. All barricades and obstructions shall be illuminated at night,and all safety lights shall be kept burning from sunset until sunrise. All barricades and signs used by the Contractor shall conform to the standard design, generally accepted for such purposes and payment for all such services and materials shall be considered as included in the other pay items of the Contract. 3.2.7.5. The Contractor shall insure that all existing traffic signs are erect,clean and in full view of the intended traffic at all times. Street name signs at major street intersections shall be maintained erect at all times. If these signs should interfere with construction, the Contractor shall notify the Inspector at least forty eight(48) hours in advance for City personnel to temporarily relocate said signs. The City Engineer will re-set all traffic and street name signs to permanent locations when notified by the Engineer that construction is complete unless otherwise stated in the specifications Payment for this item shall be made at the contract lump sum price for TRAFFIC CONTROL. 3.2.7.6. The Police Department shall determine if construction activities or traffic hazards at the construction project require the use of Police Assistants or AZ Post Certified Peace Officers, alternatively, if the Police Department determines that flagmen are sufficient,it shall be the Contractor's responsibility to provide adequate personnel including flagmen to direct traffic safely.All City of Peoria projects shall use only City of Peoria Police Assistants or City of Peoria AZ Post Certified Officers, unless the Police Chief or their designee has determined that no such assistants or officers are available. Arrangements for Police Assistant or Police Officer services should be made with the liaison officer at the Peoria Police Department at telephone number(623)773-7062 or offduty@peoriaaz.gov. 3.2.7.7. Manual traffic control shall be in conformity with the Traffic Barricade Manual. A traffic control plan shall be submitted to the Peoria Police Department indicating whether a need for traffic control exists during the project. The traffic control plan shall be submitted electronically and the liaison officer shall be contacted at the Peoria Police Department at telephone number(623)773-7062. 3.2.7.8. When traffic hazards at construction sites warrant the use of certified police personnel to direct traffic, arrangement should be made with the liaison officer at the Peoria Police Department at telephone number(623)773-7062. 3.2.79. The assembly and turnarounds of the Contractor's equipment shall be accomplished using adjacent local streets when possible. 3.2.7.10. Equipment used and/or directed by the Contractor shall travel with traffic at all times. Supply trucks shall travel with traffic accept when being spotted. Provide a flagman or officer to assist with this operation. -8- 03/05/13 CF 3.2.7.11. During construction,it may be necessary to alter traffic control. Alterations shall be in accordance with the Traffic Barricade Manual. 3.2.7.12. No street within this project may be closed to through traffic or to local emergency traffic without prior written approval of the City Engineer of the City of Peoria. Written approval may be given if sufficient time exists to allow for notification of the public at least two (2)days in advance of such closing. Partial closure of streets within the project shall be done in strict conformity with written directions to be obtained from the City Engineer. 3.2.7.13. Caution should be used when excavating near intersections with traffic signal underground cable. Notify the City Engineer twenty four (24) hours in advance of any work at such intersections. The Contractor shall install and maintain temporary overhead traffic signal cable as specified by the City Engineer when underground conduit is to be severed by excavations at intersections. The Contractor shall provide an off-duty uniformed police officer to direct traffic while the traffic signal is turned off and the wiring is transferred. All damaged or modified traffic signal overhead and underground items shall be repaired and restored to the City Engineer's satisfaction. Magnetic detector loops shall under no circumstances be spliced. 3.2.7.14. The Contractor shall address how local access to adjacent properties will be handled in accordance with the specification herein. 3.2.7.15. Where crossings of existing pavements occur, no open trenches shall be permitted overnight, but plating may be permitted if conditions allow as determined by the City Engineer or his authorized representative. If plates cannot be used,crossings shall be back-filled or the Contractor shall provide a detour. 3.2.8. Operations & Storage. Job Order Contractor shall confine all operations (including storage of materials)to areas authorized or approved by Owner. 3.2.9. Cleaning Uo 4 Refuse_Disnosal. Job Order Contractor shall at all times keep the site, including storage areas, free from accumulations of waste materials. Before completing the Work,Job Order Contractor shall remove from the premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of Owner. Upon completing the Work, Job Order Contractor shall leave the site in a clean and orderly condition satisfactory to Owner. 3.2.9.1. Final cleanup of the premises shall be included in the period of performance of the Job Order. 3.2.9.2. Job Order Contractor shall be responsible for all construction refuse disposal containers and their removal from the site. 3.2.9.3. Disposal of any hazardous materials not addressed and priced in the Job Order will be segregated for disposal by Owner unless Owner requires Job Order Contractor to dispose of the materials in which case,an equitable adjustment in the price will be negotiated and agreed. 3.2.9A. The Contractor and/or subcontractor shall be required to use the City of Peoria Solid Waste Division's services for commercial collection of Solid Waste. This requirement is not intended to preclude other methods or means for hauling debris or excess material from the project site such as trucking large volumes of material,including soil,building demolition,or hazardous and special wastes. The intent is to use City of Peoria Solid Waste service where standard waste disposal is needed. Specifically, all roll-off and front-load containers used on a City of Peoria construction site shall be contracted for through the City of Peoria Solid Waste Division at the prevailing rate. It is the contractor's responsibility to contact and make all necessary arrangements with the City of Peoria Solid Waste Division for these services. Any and all charges for these services arc the responsibility of the contractor. The City Solid Waste Division may,at ft's option,decline to provide service for business reasons at any time during the contract. Any exceptions to this requirement will be at the sole discretion of the City -9- 03/O5/I3 CF Solid Waste Division. Please contact the Solid Waste Customer Service Representatives at 623-773- 7160. 3.2.10.Existint Improvements and Utilities. Job Order Contractor shall protect from damage all existing improvements and utilities at or near the site and on adjacent property of third parties, the locations of which are made known to or should be known by Job Order Contractor. Job Order Contractor shall repair any damage to those facilities,including those that are the property of third parties, resulting from failure to comply with the requirements of the Job Order or failure to exercise reasonable care in performing the Work. If Job Order Contractor fails or refuses to repair the damage promptly, Owner may have the necessary repair work performed and charge the cost to Job Order Contractor. 3.2.11.Safety. Job Order Contractor shall be responsible for compliance with all safety rules and regulations of the Federal Occupational Safety and Health Act of 1970(OSHA),all applicable state and local laws, ordinances, and regulations during the performance of the Work. Job Order Contractor shall indemnify Owner for fines, penalties, and corrective measures that result from the acts of commission or omission of Job Order Contractor, its subcontractors, if any, agents, employees, and assigns and its failure to comply with such safety rules and regulations. 3.2.11.1. Job Order Contractor Safety Compliance. Job Order Contractor shall furnish and enforce the use of individual protective equipment as needed to complete the Work, including hard hats, rain gear,protective foot wear,protective clothing and gloves,eye protection,ear protection,respirators, safety belts,safety harnesses,safety lifelines and lanyards,and high visibility reflective safety vests. 3.2.11.2. Job Order Contractor Provided Warnings. Job Order Contractor shall provide warning signs,barricades and verbal warnings as required. 3.2.11.3. Emstungargudgin. Job Order Contractor shall inform its employees of emergency procedures to be adhered to in case of a fire,medical emergency,rgency,or any other life-threatening situations. 3.2.11.4. ,Accident Notification. Job Order Contractor shall promptly notify Owner of any recordable accident involving personnel or damage to material and equipment. Copies of any injury reports or accident investigation reports shall be provided to the Owner. 3.2.11.5. Jobsite Safety/ Documents. Job Order Contractor shall maintain a set of OSHA articles and Material Safety Data Sheets (MSDS) at the jobsite office as they apply to the Work being performed. Copies shall be provided to Owner when requested. 3.2.11.6. Job Order Contractor's Safety ]Progeria Job Order Contractor shall submit to Owner a copy of its safety policies and program procedures which establish the safety rules and regulations as they are to be applied to performance of the Work. These documents shall be submitted by Job Order Contractor within fourteen(14)calendar days after issuance of the initial Job Order and prior to the commencement of the Work. 3.2.11.7. Job Order Contractor Safety Reorosentaive. Job Order Contractor shall assign, during performance of the Work, a designated safety representative to develop and monitor the project safety program. The name,company address,and telephone number of the assigned individual shall be submitted to Owner by Job Order Contractor along with its safety policies and program procedures. 3.2.11.8. Emertency 11dial Treatment. Job Order Contractor shall make available for its employees and those of its subcontractors, while they arc performing Work on the site, emergency medical treatment either at the site or at a nearby medical facility. 3.2.11.9. Owner's Right to Monitor. Owner reserves the right to approve and monitor Job Order Contractor's safety policies and program procedures as applied during performance of the Work. -10- 03/05/13 CF Failure to comply with safety policies and program procedures,once approved by Owner, ahaU be cause for the termination of the Job Order in accordance with§14. 3.2.11.10. First Md Kit. Job Order Contractor shall provide and maintain on the jobsite, at all times when Work is in progress,a completely stocked first aid kit which contains all standard emergency medical supplies. 3.2.11.11. Fire Extingpjsher .f. Job Order Contractor shall provide and maintain on the jobsite,at all times when Work is in progress, a fully charged fire extinguisher appropriate for the potential fire hazard. 32.12.Dissemination of Contract Information. Job Order Contractor shall not publish,permit to be published, or distribute for public consumption, any information, oral or written, concerning this Contract,any Job Order or the Work performed under this Contract,without the prior consent of Owner. 3.2.13.Shoe Drawings. Job Order Contractor's duties under this Contract include the preparation of shop drawings or sketches necessary to permit orderly construction of Owner's design plans. Job Order Contractor agrees to provide detailed design drawings and plans if requested by Owner. 3.2.14.JobslteDrawhies and Specifications. Job Order Contractor shall keep on the Work site a copy of the drawings and specifications and shall at all times give Owner access thereto. 3.3. Owner Rights avid Obligations. 3.3.1. $osueosipn of Work. 3.3.1.1. Owner's Written Order. Owner may order Job Order Contractor, in writing, to suspend, delay, or interrupt all or any part of the Work for a period of time that Owner determines reasonably appropriate. 3.3.1.2. Work Delay or Suspension If the performance of all or any part of the Work is suspended,delayed,or interrupted by an act of Owner in the administration of a Job Order,or by Owner's failure to act within the time specified in the Job Order,an adjustment shall be made for any increase in the cost of performance of the Job Order necessarily caused by the suspension,delay,or internrption,and the Job Order will be modified in writing accordingly. 33.13. Job Order Contractor Costs. A claim under this Subparagraph 3.3.1 shall not be allowed for any costs incurred more than thirty(30)calendar days before Job Order Contractor shall have notified Owner in writing of the act or failure to act(but this requirement shall not apply as to a claim resulting from a suspension order), and unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension, delay,or interruption,but not later than the date of final payment under the Job Order. 3.3.2. Owner's Right to Pomesdon. Owner shall have the right to take possession of or use any completed or partially completed peri of the Work. Before taking possession of or using any Work, Owner shall furnish Job Order Contractor a list of items of work remaining to be performed or corrected on those portions of the Work that Owner intends to take possession of or use. However. failure of Owner to list any item of Work shall not relieve Job Order Contractor of responsibility for complying with the terms of this Contract. Owner possession or use shall not be deemed an acceptance of any Work under this Contract. 3.3.2.1. Owner's Possession or Use. While Owner has such possession or use, Job Order Contractor shall be relieved of the responsibility for the lass of or damage to the Work resulting from Ownees possession or use.notwithstanding the terms of Subparagraph 3.2.1. If prior possession or use by Owner delays the progress of the Work or causes additional expense to Job Order Contractor, an equitable adjustment shall be made in the Job Order price or the period of performance,and the Job Order shall be modified in writing accordingly. -11- 03/05/13 CF • 3.33. Other Contract& Owner may undertake or award other Contracts for additional work at or near the site of Work under this Contract. Job Order Contractor shall fully cooperate with the other Job Order Contractors and with Owner's employees and shall carefully adapt scheduling and performing the Work under this Contract to accommodate the additional work, heeding any direction that may be provided by Owner. Job Order Contractor shall not commit or permit any act that will interfere with the performance of its Work by any other contractor or by Owner's employees. 3.4. slob Order Amendment Job Orders may be amended by Owner in the same manner as they are issued. 3.5. fob Order Value.The maximum Job Order value is Three Million Dollars($3,000,000),except as provided by§ 16.32.1. 4. JOE ORDER DOCUMENTS 4.1. Specification and Drawina. Anything mentioned in the specifications and not shown on the drawings,or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of differences between drawings and specifications,the drawings shall govern. In case of discrepancy either in the figures, in the drawings,or hi the specifications, the matter shall be promptly submitted to Owner,who shall promptly make a determination in writing. Any adjustment by Job Order Contractor without such a determination shall be at its own risk and expense. Owner shall furnish from time to time suet detail drawings and other information as considered necessary,unless otherwise provided. 4.1.1. Wherever in the specifications or upon the drawings the words "directed," "required," "ordered," "designated," "prescribed,"or words of like import are used, it shall be understood that the "direction," "requirement," "order," "designation," or"prescription,"of Owner is intended and similarly the words"approved,""acceptable,""satisfactory,"or words of like import shall mean"approved by,"or "acceptable to,"or"satisfactory to"Owner,unless otherwise expressly stated. 4.1.2. Where"as shown," "as indicated," "as detailed," or words of similar import are used,it shall be understood that the reference is made to the drawings accompanying the Contract unless stated otherwise. The word"provided"as used herein shall be understood to mean"provide complete in place," that is"famished and installed. 4.2. Shen Drawings. Shop drawings include sketches, diagrams, layouts, schematics, descriptive literature,illustrations,schedules,performance and test data,and similar materials furnished by Job Order Contractor to explain in detail specific portions of the Work. Owner may duplicate,use,and disclose in any manner acid for any purpose shop drawings delivered under the Contract. Shop drawings means drawings submitted to Owner by Job Order Contractor showing in detail: 4.2.1. The proposed fabrication and assembly of structural elements and, 4.2.2. The installation(i.e.,form,fit and attachment details)of materials or equipment. 4.2.3. The construction and detailing of elements of the Work. 43. Shoo Drawing Coordination. Job Order Contractor shall coordinate all shop drawings, and review then for accuracy,completeness,and compliance with Contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to Owner without evidence of Job Order Contractor's approval may be returned for resubmission. Owner will indicate its approval or disaproval of the shop drawings and if not approved as submitted shall indicate Owner's reasons therefore. Any work done before such approval shall be at Job Order Contractor's risk. Approval by Owner shall not relieve Job Order Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of the Contract, except with respect to variations described and approved in accordance with¢4.4 below. -12- 03/o5/r3 CF • 4.4. Shop Drawing Modifications. If shop drawings show variations from the Job Order requirements,Job Order Contractor shall describe such variations in writing,separate from the drawings, at the time of submission. If Owner approves any such variation, Owner shall issue an appropriate Contract modification,except that, if the variation is minor and does not involve a change in price or in time of performance,a modification need not be issued. 4.5. Shop Drawing Otstisslons. Omissions from the drawings or specifications or the mis-description of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve Job Order Contractor from performing such omitted or mis-described details of the Work but they shall be performed as if fully and correctly set forth and described in the drawings and specifications. 4.6. Owner Furnished Drawings. Job Order Contractor shall check all Owner furnished drawings immediately upon receipt and shall promptly notify Owner of any discrepancies.Any errors or omissions in Owner furnished drawings are the responsibility of the Owner to rectify, includng associated coats. Figures marked on drawings shall be followed in preference to scale measurements. Large scale drawings shall govern small scale drawings. Job Order Contractor shall compare all drawings and verify the figures before laying out the Work and will be responsible for any errors which might have been avoided thereby. 4.7. Shoo Drawing Submittal. Job Order Contractor shall submit to Owner for approval an appropriate number of copies of all shop drawings as called for under the various headings of these specifications. Sets of all shop drawings will be retained by Owner and one set will be returned to Job Order Contractor with annotation of approval or rejection within one(1)week after submission,unless a longer review period is necessary by mutual agreement between Owner and Job Order Contractor. 4.8. Use of Job Order Demme ',.. All drawings (to include as-built drawings), sketches, designs, design data,specifications,note books,technical and scientific data provided to Job Order Contractor or developed by Job Order Contractor pursuant to the Contract and all photographs, negatives, reports, findings, recommendations, data and memoranda of every description relating thereto, as well as all copies of the foregoing relating to the Work or any part thereof,shall be the property of Owner and may be used by Owner without any claim by Job Order Contractor for additional compensation,unless such material developed by Job Order Contractor does not result in an issued Job Order. In such cues,Job Order Contractor will receive reasonable reimbursement for the development of such materials before Owner uses them in any manner whatsoever. In'addition, Owner agrees to hold Job Order Contractor harmless to the extent permitted by law from any legal liability arising out of the Owner's use of such materials. 5. MATERIAL AND WORKMANSHIP 5.1. Suitability of Material and Eaainment. All equipment, material, and articles incorporated in the Work covered by this Contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in the Contract. References in the specifications to equipment, material, article, or patented process by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall riot be construed as limiting competition. Job Order Contractor may,at its option,use any equipment, material,article,or process that, in the sole judgment and prior written approval of the Owner,is equal to that named in the specifications. 5.2. Owner Approval. Job Order Contractor shall obtain Owner's approval of the equipment to be incorporated into the Work. When requesting approval,Job Order Contractor shall furnish to Owner the name of the manufacturer, the model number, and other information concerning the performance, capacity,nature, and rating of the equipment. When required by the Contract or by Owner, Job Order Contractor shall also obtain Owner's approval of the material or articles which Job Order Contractor contemplates incorporating into the Work. When requesting approval,Job Order Contractor shall provide -13- o3/05/r3 CF full information concerning the material or articles. When directed to do so,Job Order Contractor shall submit samples for approval. Machinery,equipment, material and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. 5.3. Testier of Materials. Unless otherwise specified in a Job Order,the Job Order Contractor shall be responsible for any required testing of materials prior to incorporation into the Worm. Reimbursement for testing required by third party entities will be included in the individual Job Order. 5.4. Workmanship. All work under the Contract shall be performed in a skillful and workmanlike • manner. 6. SITE CONDITIONS 6.1. Site Investigation. Job Order Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the Work,and that it has investigated and satisfied itself as to the general and local conditions which can affect the Work or its cost,including but not limited to: 6.1.1. Conditions bearing upon transportation,disposal,handling,and storage of materials; 6.1.2. The availability of labor,water,electric power,and roads; 6.13. Uncertainties of weather,river stages,tides,or similar physical conditions at the site; 6.1.4. The visible conformation and conditions of the ground;and 6.1.5. The character of equipment and facilities needed preliminary to and during work performance. 6.2. Surface and Subsurface Investination. Job Order Contractor also acknowledges that it has satisfied itself as to the character,quality,and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by Owner,as well as from the drawings and specifications made a part of this Contract. Owner will provide to Job Order Contractor all subsurface investigation reports it has commissioned, and has knowledge of, that reasonably reflect expected conditions at the location of the Job Order. 6.3. Merlin Sit Conditions. Job Order Contractor shall promptly,and before the conditions are disturbed,give a written notice to Owner of: 6.3.1. Subsurface or latent physical conditions at the site which differ materially from those indicated in the Contract,or 6.3.2. Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. 6.4. Owner Investieatlon. Owner shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in Job Order Contractor's coat of,or the time required for,performing any part of the Work,whether or not changed as a result of the conditions, an equitable adjustment shall be made and the Job Order modified in writing accordingly. 6.5. Written Notes of DlfferinE Site Conditions. No request by Job Order Contractor for an equitable adjustment to a Job Order under this¢6 shall be allowed,unless Job Order Contractor has given the written notice required. 6.6. Payment Adiustment. No request by Job Order Contractor for an equitable adjustment to a Job Order for differing site conditions shall be allowed if made after final payment under such Job Order. -14- 03105/13 CF 7. JOB ORDER SCHEDULES 7.1. Construction Schedule. If the Job Order Contractor fails to submit a schedule with the Job Order. Owner may withhold approval of progress payments until Job Order Contractor submits the required schedule. If required,the Job Order Contractor will submit for approval with the signed Job Order a practicable schedule showing the sequence in which Job Order Contractor proposes to perform the Work,and the dates on which Job Order Contractor contemplates starting and completing the several salient features of the Wort(including acquiring materials,plant and equipment). The schedule may be a formal computerized schedule or a progress chart in a bar chart format of suitable scale to indicate appropriately the percentage of Work scheduled for completion by any given date during the period. In either case, the basic information should be the same and the schedule or chart must contain as a minimum: 7.1.1. A detailed list of work activities or work elements. 7.1.2. Show the logical dependencies(ties)to indicate what Work must be accomplished before other Work can begin. 7.13. Show early start and early finish dates along with late start and late finish dates for each work activity or work element. 7.2. Failure to bruit Schedule,. Failure of Job Order Contractor to comply with the requirements of Owner under this clause shall be grounds for a determination by Owner that Job Order Contractor is not prosecuting the Work with sufficient diligence to ensure completion within the time specified in the Job Order. Upon making this determination, Owner may terminate Job Order Contractor's right to proceed with the Work if not cured within seven(7)days after written notice is provided,or any separable part of it,in accordance with¢14. 7.3. , u .-s :► Job Order Contractor shall submit a progress report every thirty(30)days,or as directed by Owner,and upon doing so shall immediately deliver a current schedule to Owner if it has materially changed since the last submission of.a schedule. If Job Order Contractor falls behind the approved schedule, Job Order Contractor shall take steps necessary to improve its progress, including those that may be reasonably required by Owner.Without additional cost to Owner,Owner may require Job Order Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant or equipment, and to submit for approval any supplementary schedule or schedules in chart form as Owns deems necessary to demonstrate how the approved rate of progress will be regained. 7.4. )Emeraenev Work. Job Order Contractor will give top priority to any emergency Work Owner may have and will allocate all resources necessary to accomplish such Work in accordance with Owner's schedule requirements. To the extent the Job Order Contractor incurs additional cost, expense or schedule delay in performing Owner's emergency Work, Owner will equitably adjust the Contract in accordance with 110. & INSPECTION OF CONSTRUCTION AND ACCEPTANCE 8.1. Job Order Contractor Inspection Strstan. Job Order Contractor shall maintain an adequate inspection system and perform such inspections as wiU ensure that the Work called for conforms to Job Order requirements. Job Order Contractor shall maintain complete inspection records and make them available to Owner. All work shall be conducted under the general direction of Owner and is subject to inspection and test by Owner at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the Contract. 82. Owner Inspections and Tests. Owner inspections and tents are for the sole benefit of Owner and do not -15- 03/05/13 CF 8.2.1. Relieve Job Order Contractor of responsibility for providing adequate quality control measures; 8.2.2. Relieve Job Order Contractor of responsibility for damage to or loss of the material before acceptance; 8.2.3; Constitute or imply acceptance;or 8.2.4. Affect the continuing rights of Owner after acceptance of the complete work. 83. ,Job Order Contractor IA. - The presence or absence of an inspector does not relieve Job Order Contractor from any Contract requirement,nor is the inspector authorized to change any term or condition of the specification without Owner's written authorization. 8.4. ,Job Order Contractor Performance. Job Order Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by Owner. Owner may charge to Job Order Contractor any additional cost of inspection or test when Work is not ready at the time specified by Job Order Contractor for inspection or test,or when prior rejection makes re-inspection or retest necessary. Owner shall perform all inspections and tests in a manner that will not unnecessarily delay the Work Special,full size and performance tests shall be performed as described in the Job Order. 8.5. Job Order Contractor Corrective Work Job Order Contractor shall, without charge,replace or correct Work found by Owner not to conform to Job Order requirements,unless Owner consents to accept the Work with an appropriate adjustment in Contract price. Job Order Contractor shall promptly segregate and remove rejected material from the premises. 8.6. piano to Regime or Correct Work. If Job Order Contractor does not promptly replace or correct rejected Work,Owner may: 8.6.1. By Contract or otherwise,replace or correct the Wort and charge the cost to Job Order Contractor;or 8.6.2. Terminate for default Job Order Contractor's right to proceed. 8.7. Owner Inspection before Acme. If,before acceptance of the entire Work,Owner decides to examine already completed Work by removing it or tearing it out,Job Order Contractor,on request, shall promptly furnish all weessary facilities,labor,and material. If fin Work is found to be defective or nonconforming in any material respect due to the fault of Job Order Contractor or its subcontractors,Job Order Contractor shall bear the expenses of the examination and of satisfactory reconstruction. However, if the Work is found to meet requirements,Owner shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the Work was thereby delayed,an extension of the period of time for performance. 8.8. Owner Acceottnee. Unless otherwise specified in the Job Order, Owner shall accept, as promptly as practicable after completion and inspection, all wort required by the Job Order or that portion of the Work that the Owner determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects,fraud, gross mistakes amounting to fraud, or Owner's rights under any warranty or guarantee. 9. INVOICING AND PAYMENT 9.1. Compensation. As full consideration for the satisfactory performance by Job Order Contractor of Work prescribed under the Contract,Owner shall pay Job Order Contractor the amounts specified in the individual Job Orders. -16- 03/05/13 CF 9.2. Invokes. Job Order Contractor shall submit invoices to the following address: City of Peoria 8401 W.Monroe St Peoria,AZ 85345 9.3. Job Order Cost Proposal Structure. For each Job Order, the Job Order Contractor shall prepare a Job Order Cost Proposal with the sufficient level of cost detail as required by the Owner. Cost detail may include,but is not limited to: schedule of values, work schedule,direct labor cost and fringe benefits, direct material costs (supported by quotes), direct equipment costs (supported by quotes), allowable overhead costs (includes insurance), allowable profit, cost of subcontractors (supported by quotes),and contractor's overhead allowance for subcontractor costs. 9.4. Proerau Payments. Owner shall make progress payments monthly as the Work proceeds,or at more frequent intervals as determined by Owner, on estimates of Work completed submitted by the Job Order Contractor and approved by Owner. Job Order Contractor shall use an acceptable invoice form and shall include supporting documents to reflect a breakdown of the total price showing the amount included then:in for each principal category of the Work, in such detail as requested, to provide a basis for determining progress payments. In the estimation of Work completed,Owner will authorize payment for material delivered on the site and preparatory work done if Job Order Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform the Work. 9.5. a ti L. Not applicable. 9.6. Owner's Property. All material and work covered by progress payments made shall,at the time of payment,become the sole property of Owner,but this provision shall not be construed as: 9.6.1. Relieving Job Order Contractor from the sole responsibility for all material and Work upon which payments have been made or the restoration of any damaged Work or 9.6.2. Waiving the right of Owner to require the fulfillment of all of the terms of the Contract. 9.7. Approval and Certification. An estimate of the Work submitted shall be deemed approved and certified for payment after seven days from the date of submission unless before that time the Owner or Owner's agent prepares and issues a specific written finding setting forth those items in detail in the estimate of the Work that are not approved for payment under this contract. The Owner may withhold an amount from the progress payment sufficient to pay the expenses the Owner reasonably expects to incur in correcting the deficiency set forth in the written finding. The progress payments shall be paid on or before fourteen days after the estimate of the Work is certified and approved. The estimate of the Work shall be deemed received by the Owner on submission to any person designated by the Owner for the submission,review or approval of the estimate of the Work. 9.8. Unpaid Amounts. Owner shall pay ail unpaid amounts due Job Order Contractor under this Contract within thirty(30)days,after: 9.8.1. Completion and acceptance of the Work 9.8.2. Presentation of a properly executed invoice; 9.8.3. Presentation of release of all claims against Owner arising by virtue of the Contract,other than claims,in stated amounts,that Job Order Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if Job Order Contractor's claim to amounts payable under this Contract has, been assigned. Job Order Contractor shall complete a Job Order Contractor's release form acceptable to Owner,or 9.8.4. Consent of Job Order Contractor's surety,if any. -17- 03/OS/13 CF 10. CHANGES 10.1. Owner Changes. Owner may,at any time,without notice to the sureties,if any,by written order designated or indicated to be a change order,make changes in the Work within the general scope of the Job Orders,including changes: 10.1.1.In the specifications(including drawings and designs); 10.1.2.In Owner-furnished facilities,equipment,materials,services,or site;or 10.1.3.Directing acceleration in the performance of the Work,or otherwise altering the schedule for performance of the Work. 10.2. Owner Chane Orders. Any other written order (which, as used in this paragraph, includes direction, instruction,interpretation,or determination)from Owner that causes a change shall be treated as a change order under this§111;provided,that Job Order Contractor gives Owner timely written notice stating the date,circumstances,and source of the order and that Job Order Contractor regards the order as a change order. 10.3. Contract Adiustments. Except as provided in this § 10, no order, statement, or conduct of Owner shall be treated as a chafe under this § 10 or entitle Job Order Contractor to an equitable adjustment hereunder. 10.4. Modification of the Job Order. If any change under this§10 causes an increase or decrease in Job Order Contractor's cost of,or the time required for,the performance of any part of the Work under a Job Order,whether or not changed by any such order,Owner shall negotiate an equitable adjustment and modify the Job Order in writing. 10.5. Job Order Contractor PrououL Job Order Contractor must submit any proposal under this§ 10 within thirty(30)calendar days after. 10.5.1.Receipt of a written change order under§IRI above;or 10.5.2.The furnishing of a written notice under§10.2 above by submitting to Owner a written statement describing the general nature and amount of the proposal, unless this period is extended by Owner. The statement of proposal for adjustment may be included in the notice under§101 above. 10.6. final Payment Limitation. No proposal by Job Order Contractor for an equitable adjustment shall be allowed if asserted after final payment under the Job Order. 10.7. Job ,a er Contractor Extension Justification. Job Order Contractor shall furnish to the Owner a written proposal for any proposed extension in the period of performance. The proposal shall contain a price breakdown and period of performance extension justification. 10.S. ,Job Order Contractor Price Breakdown Structure. Job Order Contractor,in connection with any proposal it makes for a Job Order change shall furnish a price breakdown itemized as required by Owner and the pricing matrix as required in the awarded contract. 11. INSURANCE&BONDS 11.1. Job Order Contractor Insurance. Job Order Contractor shall purchase and maintain in effect during the term of this Contract insurance of the types and with minimum limits of liability as stated below. Such insurance shall protect Job Order Contractor and Owner from claims which nut),arise out of or result from Job Order Contractor's operations whether such operations are performed by Job Order Cont actor or by any subcontractor or by anyone for whose acts any of them may be liable. -18- 03/05/13 CF 11.1.1.WORKERS' COMPENSATION INSURANCE providing statutory benefits in accordance with the laws of the State of Arizona or any Federal statutes as may be applicable to the Work being performed under this Contract. 11.1.2.EMPLOYER'S LIABILITY INSURANCE with limits of liability not less than: $1,000,000 Each Accident: $1,000,000 Each Employee for Disease; and $1,000,000 Policy Limit for Disease. 11.13.COMMERCIAL GENERAL LIABILITY INSURANCE including Products/Completed Operations and Contractual Liability with limits of liability not less than:$2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate;and$2,000,000 Each Occurrence. 11.14.AUTOMOBILE LIABILITY INSURANCE covering all owned, hired and non-owned motor vehicles used in connection with the Work being performed under this Contract with limits of liability not less than: $1,000,000 Each Person for Bodily Injury; $1,000,000 Each Accident for Bodily Injury;and$1,000,000 Each Occurrence for Property Damage. 11.2. Owner as AdditionaUnsured. The policies providing Commercial General Liability and Automobile Liability insurance as required in §11.1 shall be endorsed to name Owner as Additional Insured. Such insurance as is provided herein shall be primary and non-contributing with any other valid and collectible insurance available to Owner. 11.3. Policy Endorsement. All policies providing Job Order Contractor's insurance as required in§ IL/above shall be endorsed to provide the following: 113.1.Thirty days written notice of cancellation or non-renewal given to Owner at the address designated in I/6.2. 11.3.2.Waiver of subrogation in favor of Owner. 11.4. Limits of Liability. The limits of liability as required above may be provided by a single policy of insurance or by a combination of primary,excess or umbrella policies. But in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required above. 11.5. Certificate of Iagrlance. Proof of compliance with these insurance requirements shall be furnished Owner in the form of an original certificate of insurance signed by an authorized representative or agent of the insurance company(ies)within ten(10)days of execution of this agreement. Renewal or replacement certificates shall be furnished Owner not less than twenty-one (21) days prior to the expiration or termination date of the applicable policy(ies). 11.6. Subegptractor Insurance. Job Order Contractor shall require any and all subcontractors performing Work under this Contract to cavy insurance of the types and with limits of liability as Job Order Contractor shall deem appropriate and adequate for the Work being performed. Job Order Contractor shall obtain and make available for inspection by Owner upon request current certificates of insurance evidencing insurance coverages carried by such subcontractors. 11.7. Dmith. If required by Owner, Job Order Contractor shall furnish Performance and Payment Bonds,each in an amount equal to one hundred percent(100%)of the Work,in a penal sum equal to the aggregate price of all Job Orders issued to the Job Order Contractor. The Performance and Payment Bonds must be submitted to Owner within ten(10)calendar days after issuance of a Job Order. 11.8. )tlotice to Proceed. Notice to Proceed will not be issued until properly executed bonds are received and accepted by Owner. A separate Notice to Proceed will be issued for each Job Order. The Notice to Proceed shall stipulate the actual contract start date, the contract duration and the contract completion date. The time required for the Contractor to obtain permits,licenses and easements shall be included in the contract duration and shall not be justification for a delay claim by the Contractor. The -19- 03/05/13 CF time required for the Contractor to prepare,transmit and obtain approval of applicable submittals shall be included in the contract duration and shall not be justification for a delay claim by the Contractor. No work shall be started until after all required permits, licenses, and easements have been obtained. No work shall be started until all applicable submittals have been submitted and returned approved by the Owner's Representative. The Contractor shall notify the City of Peoria's project manager or engineer at least seventy-two(72)hours before the following events: 11.8.1.The start of construction in order to arrange for inspection. 11.8.2.Shutdown of City water,sewer,drainage,irrigation and traffic control facility. 11.8.3.Shutdown of existing water wells and booster pumps. Shutdown shall not exceed seventy-two(72)hours for any installation. Only one installation may be shutdown at any time. 11.8.4.Coordination of all draining and filling of water lines and irrigation laterals and all operations of existing valves or gages with the project manager. 11.8.5.Start-up or testing of any water well or boaster pump to be connected to any part of the existing City water system. This includes operation of existing valves necessary to accommodate the water. 12. INDEMNIFICATION. To the fullest extent permitted by law,the Job Order Contractor shall defend, indemnify and hold harmless the Owner, its agents, representatives,officers, directors, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees,court costs,and the cast of appellate proceedings),relating to, arising out of,or alleged to have resulted from the acts,errors,mistakes,omissions,work or services of the Job Order Contractor,its employees, agents, or any tier of subcontractors in the performance of this Contract. Job Order Contractor's duty to defend,hold harmless and indemnify the Owner,its agents,representatives,officers, directors,officials and employees shall arise in connection with any claim,damage,loss or expense that is attributable to bodily injury,sickness,disease,death,or injury to,impairment,or destruction of property including loss of use resulting there from, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Contract including any employee of the Job Order Contractor or any tier of subcontractor or any other person for whose acts,errors,mistakes,omissions,work or services the Job Order Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 13. DISPUTES. 13.1. • Party Cooperation. The parties are fully committed to working with each other throughout the term of the Contract and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Job Order Contractor and Owner each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses,delays and disruptions to the Work. 13.2. old Level Resolution. Job Order Contractor and Owner will first attempt to resolve disputes or disagreements at the field level through discussions between the parties'representatives named herein. 13.3. Job Order Contractor Performance. The Job Order Contractor shall continue to perform the Work and Owner shall continue to satisfy its payment obligations to Job Order Contractor,pending the final resolution of any dispute or disagreements between the parties. 13.4. Partnering. If requested and mutually agreed upon, the Owner and Job Order Contractor will share in the expense of an initial facilitated partnering workshop, followed up by periodic refresher meetings at mutually agreed times.The goal of the workshop will be to identify common goals,common mnon interests,lines of communication,and a commitment fitment to cooperative problem solving. -20- 03A5II3 CF 13.5. Owner's Reu„reisrtative. Owner designates the individual listed below as its representative, which individual has the authority and responsibility for avoiding and resolving disputes under this Contract.(Identify individual's name,title,address and telephone numbers) City of Peoria,Materials Management Dan Zenko,Materials Management Supervisor 9875 N.85°i Ave—2°s Floor Peoria,AZ 85345 13.6. Job Order Contractor's rescatative. Job Order Contractor designates the individual listed below as its representative, which individual has the authority and responsibility for avoiding and resolving disputes under this Contract. (Identify individual's name,tide,address and telephone numbers) MGC Contractors Inc. Randy Gates,President 4110 E.Elwood Street Phoenix,AZ 85040 (602)437-5000 13.7. Ownei;Atesoludon. Any dispute which is not disposed of by agreement will be decided by the Owner, who will reduce its decision to writing and mail or otherwise furnish a copy thereof to the Job Order Contractor. Any dispute not finally resolved under this§13 may be brought before the state covets of the State of Arizona and adjudicated in accordance with the laws of Arizona. 14. TERMINATION AND DEFAULT 14.1. TermInatiion for Convenience. Owner may terminate performance of the Work under this Contract in whole or, from time to time, in pert if Owner determines that termination is in Owner's interest. Owner shall effect such termination by delivering to Job Order Contractor a Notice of Termination specifying the extent of termination and the effective date. 14.2. notice of Terminatioq. After receipt of a Notice of Termination, and except as directed by Owner,Job Order Contractor shall immediately proceed with the following obligations,regardless of any delay in determining or adjusting any amounts due under this§14: 14.2.1.Stop work as specified in the notice; 14.2.2.Place no further subcontracts or orders (referred to as subcontracts in this § 14) for materials,services or facilities,except as necessary to complete any Work not terminated; 14.23.Assign to Owner, if directed by Owner, all right, title, and interest of Job Order Contractor under the subcontracts to the extent they relate to the Work terminated,in which case Owner shall have the right to settle or to pay any termination settlement proposal arising out of those terminations, or with approval or ratification to the extent required by Owner, settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts,the approval or ratification of which will be final for purposes of this§14; 14.2.4.As directed by Owner,transfer title and deliver to Owner: 14.2.4.1. The fabricated or unfabricated parts,Work in progress,completed Work,supplies,and other material produced or acquired for the Work terminated; 14.2.4.2. The completed or partially completed plans,drawings,information,and other property that,if the Contract had been completed,would be required to be furnished to Owner; 14.2.5.Complete performance of the Work not terminated; -21- 03/05/13 CF 14.2.6.Take any action that may be necessary,or that Owner may direct, for the protection and preservation of the property related to this Contract that is in the possession of Job Order Contractor and in which Owner has or may acquire an interest;and 14.2.7.Use its best efforts to sell,as directed or authorized by Owner,any property of the types referred to in§ M2.3 above; provided, however, that Job Order Contractor is not required to extend credit to any purchaser and may acquire the property under the conditions prescribed by, and at prices approved by,Owner. The proceeds of any transfer or disposition will be applied to reduce any payments to be made by Owner under the Contract, credited to the price or cost of the Work, or paid in any other manner directed by Owner. 14.3. Final Termination Sdtdement Proaoss(. After termination,Job Order Contractor shall submit a finel termination settlement proposal to Owner in the form and with the certification prescribed by Owner. Job Order Contractor shall submit the proposal promptly,but no later than one year from the effective date of termination. 14.4. Owner Payment. Job Order Contractor and Owner may agree upon the whole or any part of the amount to be paid because of the termination. The amount will include a reasonable allowance for profit on work done. The Contract shall be amended,and Job Order Contractor paid the agreed amount. 14.4.1.If Job Order Contractor and Owner fail to agree on the whole amount to be paid Job Order Contractor because of the termination of work,Owner shall pay Job Order Contractor the amounts determined as follows,but without duplication of any amounts agreed upon under§14.4 above: 14.43.1. For Work performed before the effective date of termination, the total (without duplication of any items)of: 14.4.1.1.1. The cost of this Work; 14.4.1.1.2. The cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the Contract if not included in§ 14.41.1.1.above;and 14.4.1.1.3. A markup,including overhead and profit,on§144.1.1.1.above as is determined for pricing changes. 14.4.1.2. The reasonable costs of settlement of the Work terminated,including: 14.4.1.2.1. Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data; 14.4.12.2. The termination and settlement of subcontracts (excluding the amounts of such settlements);and 14.4.1.23. Storage, transportation, and other costs incurred, reasonably necessary for the preservation,protection,or disposition of the termination inventory. 14.5. Destroyed.Lost.Stolen or Damaged Property. Except for normal spoilage,and except to the extent that Owner expressly assumed the risk of loss,Owner shall exclude from the amounts payable to Job Order Contractor under Subparagraph 14.4.1 above, the fair value, as determined by Owner, of property that is destroyed,lost,stolen,or damaged so as to become undeliverable to Owner or to a buyer. 14.6. Amount Due Job Order Contractor. In arriving at the amount due Job Order Contractor under this 614,there shall be deducted: 14.6.1.All unliquidated advances or other payments to Job Order Contractor under the terminated portion of the Job Order; -22- Orms/13 CF 14.6.2.Any claim which Owner has against Job Order Contractor under the Contract;and 14.6.3.The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by Job Order Contractor or sold under the provisions of this § 14 and not recovered by or credited to Owner. 14.7. Partial Terntinatlot. If the termination is partial,Job Order Contractor may file a proposal with Owner for an equitable adjustment of the price(s) of the continued portion of any Job Order. Any proposal by Job Order Contractor for an equitable adjustment under this§14 shall be requested within ninety(90)calendar days from the effective date of termination unless extended in writing by Owner. Owner may,under the terms and conditions it prescribes,make partial payments and payments against costs incurred by Job Order Contractor of the terminated portion of any Job Order,if Owner believes the total of these payments will not exceed the amount to which Job Order Contractor will be entitled. 14.8. Excess Payments. If the total payments exceed the amount finally determined to be due,Job Order Contractor shall repay the excess to Owner upon demand. 14.9. slob Order Contractor Records. Unless otherwise provided in this Contract or by statute,Job Order Contractor shall maintain all records and documents relating to the terminated portion of this Contract for three(3)years after final settlement. This includes all books and other evidence bearing on Job Order Contractor's costs and expenses under this Contract. Job Order Contractor shall make these records and documents available to Owner, at Job Order Contractor's office, at all reasonable times, without cost. If approved by Owner, photographs,microphotographs, or other authentic reproductions maybe maintained instead of original records and documents. 14.10. Default. If Job Order Contractor refuses or fails to prosecute the Work,or any separable part, with the diligence that will ensure its completion within the time specified in the Job Order including any extension, or fails to complete the Work within this time, Owner may terminate the Job Order Contractor's right to proceed with the Work(or separable part of the Work),upon thirty(30)days written notice to the Job Order Contractor. In this event, Owner may take over the Work and complete it by Contract or otherwise and may take possession of and use any materials,appliances,and plant on the site necessary for completing the Work. 14.11. Job Order Contractor's Richt fid. Job Order Contractor's right to proceed shall not be terminated under this§14.if: 14.11.1. The delay in completing the Work arises from unforeseeable causes beyond the control and without the fault or negligence of Job Order Coaactor. Examples of such causes include: acts of God or of the public enemy,acts of Owner in its Contractual capacity,acts of another contractor in the performance of a Contract with Owner,fires,floods,epidemics,quarantine restrictions,strikes,freight embargoes,unusually severe weather(The basis used to define normal weather will be data showing high and low temperatures,precipitation,and number of days of severe weather in the city closest to the site for the previous ten (10) years, as compiled by the United States Department of Commerce National Weather Service.),or delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both Job Order Contractor and the subcontractors or suppliers;and 14.11.2. Job Order Contractor,within 30 calendar days from the beginning of any such delay (unless extended by Owner),notifies Owner in writing of the causes of delay. The Owner shall ascertain the facts and the extent of delay. If,in the judgment of Owner,the findings of fact warrant such action, the time for completing the Work shall be extended. The findings of Owner shall be final and conclusive on the parties,but subject to appeal and review under 13. 14.12. Owner's Rlebt to Terminate. The rights and remedies of Owner in this§14 are in addition to any other rights and remedies provided by law or under this Contract. -23- 03/05/13 CF 14.13. Owner and Job Order Contractor Riehts. If,after termination of Job Order Contractor's right to proceed,it is determined that Job Order Contractor was not in default,or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of Owner. 14.14. j inuidated Manatee a Liquidated Damages shall be assessed for each calendar of delay. Liquidated Damages shall be per MAO Specs, Section 108.9 per day for each calendar day of delay. If the contract is not terminated,the contractor shall continue performance and be liable to the Owner for the liquidated damages until the products are delivered or services performed. In the event the City exercises its right of lamination,the contractor shall be liable to the Owner for any excess costs,and in addition, for liquidated damages until such time the Owner may reasonably obtain delivery or performance of similar supplies or services. 14.15. jpenderatdon Act. Contractor understands and acknowledges the applicability to Contractor of the Immigration Reform and Control Act of 1986 CIRCA). Contractor agrees to comply with the IBCA in performing under this contract and to permit City inspection of personnel records to verify such compliance. 15. WARRANTY OF CONSTRUCTION 15.1. Anullarbie Warranties. In addition to any other warranties in any Job Orders, Job Order Contractor warrants, except as provided in g 15.10, that work performed conforms to the Job Order requirements and is free of any defect in equipment, material or design furnished, or workmanship performed by Job Order Contractor or any of its subcontractors or suppliers at any tier. 15.2. Warranty Duration. This warranty shall continue for a period of one(I)year from the date of final acceptance of the Work. If Owner takes possession of any part of the Work before final acceptance, this warranty shall continue for a period of one(1)year from the date possession is taken. 15.3. Job Order Contractor Corrective Work. Job Order Contractor shall remedy at Job Order Contractor's expense any failure of the Work to conform to the plans and specifications, or any =sanction defect. In addition,the Job Order Contractor shall remedy at Job Order Contractor's expense any damage to Owner's real or personal property,when that damage is the result of: 15.3.1.Job Order Contractor's failure to conform to requirements;or 15.3.2.Any defect of equipment,material,workmanship,or design furnished by the Job Order Contractor. 15.4. Job Order Contractor Restoretioq. Job Order Contractor shall restore any work damaged in fulfilling the terms and conditions of this§ 15. Job Order Contractor's warranty with respect to work repaired or replaced will run for one(1)year from the date of repair or replacement. 15.5. Owner Notificellen. Owner shall notify Job Order Contractor, in writing, within a reasonable time after the discovery of any failure,defect,or damage. 15.6. !allurgtq Correct Worlt. If Job Order Contractor fails to remedy any failure,defect,or damage within ten(10)days after receipt of notice,Owner shall have the right to replace, repair, or otherwise remedy the failure,defect or damage at Job Order Contractor's expense. 15.7. foubeontraetor and Supplier Warranties. With respect to all warranties,expressed or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished for Job Orders issued under this Contract,Job Order Contractor shall: 15.7.1.Obtain all warranties required by the Job Order; 15.7.2.Require all warranties to be executed,in writing,for the benefit of Owner;and -24- o.3/os/)3 CF 15.7.3.Enforce all warranties for the benefit of Owner. 15.8. Owner Remedy. In the event Job Order Contractor's warranty under§15.2 has expired,Owner may bring suit at its expense to enforce a subcontractor's,manufacturer's,or supplier's warranty. 15.9. Owner Furnished Materlator Design. Unless a defect is caused by the negligence of Job Order Contractor or subcontractor or supplier at any tier,Job Order Contractor shall not be liable for the repair of any defects of material or design furnished by Owner or for the repair of any damage that results from any defect in Owner-furnished material or design. 15.10. Pre-Ea Sti ig Work. Job Order Contractor is not responsible for and does not warranty pre- existing work or facilities that may be assigned to Job Order Contractor except as modified by the Job Order. 15.11. Owner's Rights. This warranty shall not limit Owner's rights under§8 of this Contract with respect to latent defects,gross mistakes,or fraud. 16. STANDARD TERMS AND CONDITIONS 16.1. Contract Order of Precedence. In the event of an inconsistency between provisions of this Contract,the inconsistency shall be resolved by giving precedence in the following order 16.1.1.Contract Modifications,if any; 16.1.2.This Contract,including Attachments; 16.1.3.Job Orders; 16.1.4.Drawings;and 16.1.5.Specifications. 16.2. Certification. By signature in the Offer section of the Offer and Contract Award page the Job Order Contractor certifies: 16.2.1.The submission of the offer did not involve collusion or other anti-competitive practices. 16.2.2.The Job Order Contractor shall not discriminate against any employee or applicant for employment. 16.2.3.The Job Order Contractor has not given,offered to give,nor intends to give at any time hereafter any economic opportunity, future employment,gift,loan,gratuity, special discount,trip favor, or service to a public servant in connection with the submitted offer. Failure to sign the offer,or signing it with a false statement,shall void the submitted offer or any resulting contracts,and the vendor may be debarred. 16.2.4.The Job Order Contractor is licensed to perform the Work pursuant to Arizona Revised Statutes Title 32,Chapter 10. 16.3. Bribes and Kick-Backs.The Job Order Contractor shall not by any means: 16.3.1.Induce any person or entity employed in the construction of the Project to give up any part of the compensation to which that person or entity is entitled; 163.2.Confer on any governmental, public or quasi-public official having any authority or influence over the Project, any payment, loan subscription, advance, deposit of money, services or anything of value,present or promised; -25- 0310S/13 CF 16.3.3.Offer nor accept any bribes or kick-backs in connection with the Project from or to any individual or entity, including any of its trade contractors, subcontractors, consultants, suppliers or manufacturers of Project goods and materials;or, 163.4.Without the express written permission of the Owner,call for or by exclusion require or recommend the use of any subcontractor, consultant, product, material, equipment, mem, process or procedure in which the Job Order Contractor has a direct or indirect proprietary or other pecuniary interest. 16.4. Applicable Law. In the performance of this agreement,contractors shall abide by and conform to any and all laws of the United States, State of Arizona and City of Peoria including but not limited to federal and state executive orders providing for equal employment and procurement opportunities, the Federal Occupational Safety and Health Act and any other federal or state laws applicable to this Contractor specifically understands and acknowledges the applicability to it of the Americans with Disabilities Act,the Immigration Reform and Control Act of 1986,and the Drug Free Workplace Act of 1989. In addition, if this agreement pertains to construction, Contractor must also comply with A.R.S.§34-301,as amended(Employment of Aliens on Public Works Prohibited)and A.R.S. §34-302, as amended(Residence Requirements for Employees). Under the provisions of A.R.S.§41-4401,Contractor hereby warrants to the City that Contractor and each of its subcontractors ("Subcontractors") will comply with, and are contractually obligated to comply with,all Federal immigration laws and regulations that relate to their employees and A.R.S. §23- 214(A)(hereinafter,"Contractor Immigration Warranty"). A breach of the Contractor Immigration Warranty shall constitute a material breach of this agreement and shall subject Contractor to penalties up to and including termination of this agreement at the sole discretion of the City. The City may,at its sole discretion,conduct random verification of the employment records of Contractor and any Subcontractors to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verifications Neither Contractor nor any Subcontractor shall be deemed to have materially breached the Contractor Immigration Warranty if Contractor or the Subcontractor establishes that it has complied with the employment verification provisions prescribed by§§274A and 274E of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S.§23-214(A). The provisions of this Paragraph must be included in any contract Contractor enters into with any Subcontractors who provide services under this agreement or any subcontract. "Services" is 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 ply. Contractor warrants,for the tam of this agreement and for six months thereafter,that is has fully complied with the requirements of the Immigration Reform and Control Act of 1986 and all related or similar legal authorities. This contract shall be governed by the City and Contractor shall have all remedies afforded each by the Uniform Commercial Code, as adopted in the State of Arizona,except as otherwise provided in this contract or in statutes pertaining specifically to the City. This contract shall be governed by the laws of the State of Arizona and suit pertaining to this contract may be brought only in courts in the State of Arizona. This contract is subject to the provisions of ARS §38-511; the City may cancel this contract without penalty or further obligations by the City or any of its depattnents or agenncies if any person -26- 03/05/13 CF significantly involved in initiating,negotiating securing,drafting or creating the contract on behalf of the City or any of its departments or agencies, is at any time while the contract or any extension of the contract is in effect,an employee of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract.. . 16.4.1.Job Order Contractor warrants, for the term of this agreement and for six months thereafter,that is has fully complied with the requirements of the Immigration Reform and Control Act of 1986 and all related or similar legal authorities. 16.4.2.This contract shall be governed by the Owner.City and Job Order Contractor shall have all remedies afforded each by the Uniform Commercial Code,as adopted in the State of Arizona,except as otherwise provided in this contract or in statutes pertaining specifically to the Owner. This contract shall be governed by the laws of the State of Arizona. Any lawsuit pertaining to this contract may be brought only in courts in the State of Arizona. 164.3.This contract is subject to the provisions of ARS § 38-511; the Owner may cancel this contract without penalty or further obligations by the Owner or any of its departments or agencies if any person significantly involved in initiating negotiating, securing, drafting or creating the contract on behalf of the Owner or any of its departments or agencies, is at any time while the contract or any extension of the contract is in effect, an employee of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. 16.5. Leval , a wiles.: All claims and controversies shall be subject to resolution according to the terms of the City of Peoria Procurement Code. 16.6. Contract` The contract between the Owner and the Job Order Contractor shall consist of(1)the Solicitation,including instructions,all terms and-conditions,specifications, scopes of work,attachments, price sheet(s) and any amendments thereto, and(2)the offer submitted by the Job Order Contractor in response to the solicitation. In the event of a conflict in language between the Solicitation and the Offer, the provisions and requirements in the Solicitation shall govern. However,the Owner reserves the right to clarify, in writing, any contractual terms with the concurrence of the Job Order Contractor, and such written contract shall govern in case of conflict with the applicable requirements stated in the Solicitation or the Vendor's offer. The Solicitation shall govern in all other matters not affected by the written contract. 16.7. Contract Amendments: This contract may be modified only by a written Contract Amendment signed by persons duly authorized to cuter into contracts on behalf of the Owner and the Job Order Contractor. 16.8. Contract AoRrliea tv: The Offeror shall substantially conform to the terms, conditions, specifications and other requirements found within the text of this Solicitation. All previous agreements, contracts, or other documents, which have been executed between the Offeror and the Owner are not applicable to this Solicitation or any resultant contract. 16.9. Severability. The provisions of this contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the contract which may remain in effect without the invalid provision or application. 16.10. Rdationshbp to Parties. It is clearly understood that each party will act in its individual capacity and not as an agent,employee,partner,joint venturer,or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Job Order Contractor is advised that taxes or Social Security payments will not be withheld from any City payments issued hereunder and that the Job Order Contractor should make arrangements to directly pay such expenses,if any. -27- 03/oS/13 CF 16.11. No Deleeatlon or Assignment:- Contractor shall not delegate any duty under this Contract,and no right or interest in this Contract shall be assigned by Contractor to any successor entity or third party, including but not limited to an affiliated successor or purchaser of Contractor or its assets, without prior written permission of the City. The City,at its option,may cancel this Contract in the event Contractor undertakes a delegation or assignment without first obtaining the City's written approval. Contractor agrees and acknowledges that it would not be unreasonable for the City to decline to approve a delegation or assignment that results in a material change to the services provided under this Contract or an increased cost to the City. 16.12. Job Order Contractor/SSuouUer Contract, The Job Order Contractor shall enter into written contracts with its subcontractor(s)and supplier(s),if any,and those written contracts shall be consistent with this Contract for Construction. It is the intent of the Owner and the Job Order Contractor that the obligations of the Job Order Contractor's subcontractor(s)and supplier(s), if any,inure to the benefit of the Owner and the Job Order Contractor,and that the Owner be a third-party beneficiary of the Job Order Contractor's agreements with its subcontractor(s)and supplier(s). 16.12.1. The Job Order Contractor shall make available to each subcontractor and supplier, if any,prior to the execution of written contracts with any of them,a copy of the pertinent portions of this Contract for Construction, including those portions of the Construction documents to which the subcontractor or supplier will be bound, and shall require that each subcontractor and supplier shall similarly make copies of applicable parts of such documents available to its respective subcontractor(s) and supplier(s). 16.12.2. The Job Order Contractor shall engage each of its subcontractor(s) and supplier(s) with written contracts which preserve and protect the rights of the Owner and include the acknowledgment and agreement of each subcontractor or supplier that the Owner is a third-party beneficiary of the contract. The Job Order Contractor's agreements with its subcontractor(s) and supplier(s) shall require that in the event of default under, or termination of; this Contract for Construction,and upon request of tlx Owner,the Job Order Contractor's subcont> or(s)and supplier(s) will perform services for the Owner. 16.12.3. The Job Order Contractor shall include in its agreements with its suboontractor(s)and supplier(s) a provision which contains the acknowledgment and agreement of the subcontractor or supplier that it has received and reviewed the applicable terms, conditions and requirements of this Contract for Construction that are included by reference in its written contract with the Job Order Contractor,and that it will abide by those terms,conditions and requirements. 16.13. Rights and Remedies,No provision in this document or in the vendor's offer shall be construed, expressly or by implication, as waiver by the Owner of any existing or future right and/or remedy available by law in the event of any claim of default or breach of contract. The failure of the Owner to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law,or the Owner's acceptance of and payment for materials or services,shall not release the Job Order Contractor from any responsibilities or obligations imposed by this contract or by law, and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance of the Contract. 16.14. Overebarees By Antitrust Violations. The Owner maintains that, in practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore,to the extent permitted by law, the Job Order Contractor hereby assigns to the Owner any and all claims for such overcharges as to the goods and services used to fulfill the Contract. 16.15. Force Majeure. Except for payment for sums due,neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of force Majeure. -28- 03l05/13 CF 16.15.1. The term 'force majeure"means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God: acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders;fire;floods;lockouts,injunctions-intervention-acts,or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with this Contract. 16.15.2. Force majeure shall not include the following occurrences:late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market,inefficiencies,or similar occurrences; late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this Force Majeure term and Condition; or any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if,and to the extent that such delay or failure is caused by force majeure. If either party is delayed at any time in the progress of the work by force majeure,then the delayed party shall notify the other party in writing of such delay within forty-eight(48) hours commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand delivered or mailed Certified-Return Receipt and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing. The time of completion shall be extended by contract modification for a period of time equal to the time that the results or effects of such delay prevent the delayed party from performing in accordance with this contract. 16.16. Right To Assurance. Whenever one party to this contract in good faith has reason to question the other party's intent to perforin he may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given within five(5) days,the demanding ding party may treat this failure as an anticipatory repudiation of the Contract. 16.17. dist To Audit Records. The City may, at reasonable times and places, audit the books and records of any Contractor as related to any contract held with the City. This right to audit also empowers the City 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 made pursuant to Paragraph 16.4 above. 16.1$. Warranties Job Order Contractor warrants that all material, service or construction delivered under this contract shall conform to the specifications of this contract. Unless otherwise stated in Job Order Contractor's response, the Owner is responsible for selecting items, their use, and the results obtained from any other items used with the items furnished under this contract Mere receipt of shipment of the material/service specified and any inspection incidental thereto by the Owner shall not alter or affect the obligations of the Job Order Contractor or the rights of the Owner under the foregoing warranties. Additional warranty requirements may be set forth in the solicitation. 16.19. Inion. All material and/or services are subject to inspection and acceptance by the Owner. Materials and/or services failing to conform to the specifications of this Contract will be held at Job Order Contractor's risk and may be returned to the Job Order Contractor. If so returned, all costs are the responsibility of the Job Order Contractor. The Owner may elect to do any or all of the following: 16.19.1. Waive the non-conformance. 16.19.2. Stop the work immediately. 16.19.3. Bring material into compliance. -29- 03/15/13 CF 16.19.4. This shall be accomplished by a written determination from the Owner. 16.20. Title and Risk of Loss, The title and risk of loss of material and/or service shall not pass to the Owner until the Owner actually receives the material or service at the point of delivery,unless otherwise provided within this Contract. 16.21. No Replacement of Defective ender, Every tender of materials shall fully comply with all provisions of the Contract. If a tender is made which does not fully conform,this shall constitute a breach of the Contract as a whole. 16.22. ;3hhnmeat Under Reservation Prohibited. Job Order Contractor is not authorized to ship materials under reservation and no tender of a bill of lading will operate as a tender of the materials. 16.23. Usu. All materials,service or construction shall be free of all liens,and if the Owner requests,a formal release of all liens shall be delivered to the Owner. 16.24. jenses.shall maintain in current status,all Federal,State and Local licenses and created under this contract are the property of the Owner and shall not be used or released by the Job Order Contractor or any other person except with the prior written permission of the Owner. 16.25. Patents and Coiwrirttts. All services, information, computer program elements, reports and other deliverables,which may be patented or copyrighted and created under this contract are the property of the Owner and shall not be used or released by the Job Order Contractor or any other person except with the prior written permission of the Owner. 16.26. Cott of Bid/Proposal Preparation. The Owner shall not reimburse the cost of developing presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. 16.27. Publie Records. All offers submitted in response to this solicitation shall become the property of the City and shall become a matter of public record available for review, subsequent to the award notification, in accordance with the City's Procurement Code. However, subsequent to the award of the contract,any information and documents obtained by the City during the course of an audit conducted in accordance with Paragraph 16.17 above for the purpose of determining compliance by Contractor or a Subcontractor with the Contractor Immigration Warranty mandated by Paragraph 16.4 above shall remain confidential and shall not be made available for public review or produced in response to a public records request,unless the City is ordered or otherwise directed to do so by a court of competent jurisdiction. 16.28. Advertidog. Job Order Contractor shall not advertise or publish information concerning this Contact,without prior written consent of the Owner. 16.29. Delivery Orders. The Owner shall issue a Purchase Order for the material and/or services covered by this contract. All such documents shall reference the contract number as indicated on the signature page of the contract 16.30. Prohibited Lobbying Activities, The Offeror,his/her agent or representative shall not contact, orally or in any written form any City elected official or any City employee other than the Materials Management Division,the procuring department,City Manager,Deputy City Manager or City Attorney's office (for legal issues only) regarding the contents of this solicitation or the solicitation process commencing from receipt of a copy of this request for proposals and ending upon submission of a staff report for placement on a City Council agenda. The Materials Manager shall disqualify an Offeror's proposal for violation of this provision. This provision shall not prohibit an Offeror from petitioning an elected official after submission of a staff report for placement on a City Council agenda or engaging in any other protected first amendment activity after submission of a staff report for placement on a City Council agenda. -30- 03/05/I3 CF ATTACHMENT B SIQ&Contractor's Response (See Attached) -41- 03105/13 CF STATEMENT OF INTEREST AND MIdark*Nana9amont QUALIFICATIONSProCurement 9875 N.851'Ave.,2nd Fl. : .,,� Peoria,Arms 85345180 y! Solicitation Number: P13-0042 Phone (�)773-7195 Fax (623)773-7918 REQUEST FOR STATEMENT OF INTEREST & QUALIFICATIONS JOB ORDER CONTRACTING for WATER and WASTEWATER FACILMES PROJECTS _ —` - Due Date: February 6, 2013, 5:00 PM Arizona lime City of Peoria Materials Management Division Contact: Christine Finney 9875 N. 85th Ave., 2nd Fl. Peoria, Arizona 85345 (623) 773-7115 1 1-09-2010 DZ 1 STATEMENT OF INTEREST AND Materials Management QUALIFICATIONSProcurement 98,5N.8516 Ave. 2n°Fl. Peoria,Arizona 85345-8560 ,. j- Solicitation Number P13-0042 Phoria: (823)7737115 Fax; (823)773-7118 JOB ORDER CONTRACTING For Water&Wastewater Facilities Projects SECTION 1-INTRODUCTION 1.1 Introduction The City of Peoria Arizona is seeking experienced=tractors to provide services as desalbed below for various projects utilizing Job Order Contracting(JOC)project delivery. Job Order Contracting may include design services,pre-construction services,construction work,maintenance and as-built documents. The contract period will be for an initial term of one(1)year with no more than four(4)additional one-year extensions. During the term of the contract,work shall be conducted as a series of individual job orders. Projects determined by the City to be appropriate for this Job Order Contract,the City will request that the Contractor prepare a scope of work,cost proposal and project schedule. If acceptable.the City will issue an individual Job Order Agreement and direct the Contractor to proceed with the work. Although the City anticipates that awarded Contractors will be issued work,the Contractor is neither guaranteed a minimum amount of work nor any jobs at all. The City reserves the right and will issue job orders based on ability of the Contractor to meet the City's work schedule and the availability of trades and expertise in relation to each project 1.2 Cooperative Purchasing Any contract resulting from this solicitation shall be for the use of the City of Peoria. In addition, specific eligible political subdivisions and nonprofit educational or public health institttions may also participate at their discretion. In order to participate in any resultant contract,a political subdivision or nonprofit educational or public health institution must have been invited to participate in this specific solicitation and the contractor must be in agreement with the cooperative transaction. In addition to cooperative purchasing,any eligible agency may elect to participate(piggyback)on any resultant contract;the specific eligible political subdivision,nonprofit educational or public health institution and the contractor must be in agreement. Any orders placed to the successful contractor will be placed by the specific agencies participating in this purchase. Payment for purchases made under this agreement will be the sole responsibility of each participating agency. The City shall not be responsible for any disputes arising out of transactions made by others. 1.3 Project Budget The City of Peoria Capital Improvement Program identifies funding for projects in fiscal year 2013 and shows planned projects for the next ten years. A copy of the City's ten year CIP can be viewed at littp://www.oeoriaazgloviNewSecondarv.asteid=54959. The approved 2013 budget is available to fund various projects utilizing the awarded JOC contract Estimated value(combination of all projects)Is between$5,000,000 and$13,000,000 in the first whole fiscal year(2014).Projects may extend into the next fiscal year and beyond but in no instance will any one project under this JOC exceed$3,000,000. 11-09-2010 DZ 2 STATEMENT OF INTEREST AND Materials Management Procurement „-' QUALIFICATIONS 9875 N.85'"Ave.,2°°Fi. Peoria,Arizona 85345-6560 Solicitation Number: P13-0042 Phone: (623)773-7115 Fax: 023)773-7118 1.4 Project Schedule The City of Peoria has elected to use the JOC delivery method for these projects as outlined under A.R.S.Title 34. Cost effective construction in the shortest possible time frame and within the City's tolerance of financial risk will be the guiding principles behind the various water and wastewater facilities projects. SECTION 2—PROJECT DESCRiPTiON&SCOPE OF WORT( 2.1 Description This Job Order Contract is issued to assist the City of Peoria with general construction services, together with architectural and engineering services as necessary,as they pertain to utility water and wastewater facilities construction projects. interested contractors will have the ability to show related experience and a proven track record in projects of the same nature and magnitude.The selected contractors will be expected to deliver turn key projects,including all permitting and compliance with regulatory requirements. For any project determined by the City to be appropriate for this Job Order Contract,the City will request that the contractor prepare a scope of work,cost proposal and project schedule. If acceptable,the City will issue an individual Job Order. Although the City anticipates that JOC Contractors will be issued work,the Contractor is neither guaranteed a minimum amount of work nor any jobs at all. The City reserves the right and will issue job orders based on ability of the contractor to meet the City's work schedule and the availability of trades and expertise in relation to each Project- 2.2 Scope of Work The City of Peoria owns and maintains a network of water,reclaimed water,and wastewater facilities. Currently the City of Peoria owns two(2)water treatment plants,three(3)water reclamation facilities,and approximately My(50)off-site facilities that include wells,recharge wells, reservoirs,booster stations,pressure reducing stations,and Rt stations. The successful Job Order Contractor,under the direction of the City of Peoria will be responsible for all aspects of construction and all phases of the project.The Job Order Contractor shall be responsible for professional quality,technical accuracy and coordination of all design,drawings, specifications,and all other construction services provided under the Job Order Contract. Interested contractors must have experience in the following areas: Water Treatment&Water Production Facilities-Design and construction of new facilities or rehabilitation of=kiting water treatment plants,booster stations,reservoirs,and any other water related facilities.Scope for these jobs will include any or all of the fo ng: earthwork and landscaping,structural,electrical,mechanical,instrumentation and control and SCADA,and any other functions required. Water Reclamation&other Wastewater Facilities-Design and construction of new facilities or rehabilitation of existing water reclamation facilities,lift stations,and any other wastewater and reclaimed water related facilities.Scope for these jobs will include any or all of the following: 11-09-2010 DZ 3 STATEMENT OF INTEREST AND Materials Management QUALIFICATIONS 875 .N. Ave.,Procurement 9n°i7. Peoria,Arizona 85345-6560 ;.�► Solicitation Number: P134042 Phone: (623)773-7115 Fax: (623)773-7116 _-_ earthwork and landscaping,structural,electrical,mechanical,instrumentation and control and d SCADA,and any other functions required. Well Sites-Design and construction of wells,and rehabilitation or repair of well sites. Scope for these jobs will include any or ail of the following: earthwork and landscaping,well drilling and equipping including structural.Lural,electrical,medical, Instrumentation and control and SCADA,and any other functions required. Additional Activities—The following work activities may be included in individual projects. The successful Contractors shall have experience,knowledge,and ability to accomplish these tasks. Not all activities will be included in all projects. • Design services or post design services—Design services or post design services may be required for some of the projects.The scope of work for design or post design services,when applicable,will be defined by the City and included in the job order.The Job Order Contractor shall use Arizona registered professional engineering firms to prepare and seal construction documents.Any as-bunts required to be completed as part of the post design services shall be in accordance with Chapter 7 of the City of Peoria Infrastructure Design Guidelines. • Permitting-Obtain all necessary permits required to complete the project,including but not limited to;Engineering Off-site,Building Safety,haul route,stockpile,SWPPP,dust control,traffic control plans,MCESD approval to construct,approval of construction,etc. • Maintaining traffic control when required according to the approved traffic control plans. • Placing asphalt pavements including full depth sections,overlays,patches and repairs to restore areas damaged by construction. • Placing concrete pavements including curb and gutter,driveways,sidewalks,to restore areas damaged by construction. • Restoration of landscaping to restore areas damaged by construction. • Utility Locating(potholing)underground utilitks and obstructions. • Provide pipeline and equipment testing as required. • Other related work or ancillary trades including but not limited to public involvement,utility relocation, ,road repair,electrical,paving and concrete/block wails. The existing operations and functions shag be maintained during construction.It is anticipated that the construction activities will be coordinated and phased in such a manner that will not compromise the ongoing operations. In addition,security of the site and property is of paramount concern and a security and access plan will be required prior to the start of any construction. r-09-2010 DZ 4 STATEMENT OF INTEREST AND Materials Management tir QUALIFICATIONS N"r p..., 9875 N.fie Ave..2i0 Fl. Peoria,Arizona 85345-8580 Solicitation Number P13-0042 Phone: (823)773-7115 Fax: (823)773-7118 2.3 Sande Project The following is a sample of a typical project that may be done under this Job Order Contract. This sample project is provided for contractors to use in completing their Project Assessment Plan so the City can see how your firm would approach a project if awarded the contract. The City is currently in the design phase and antic cites retaining the services of one of the awarded Job Order Contractors resulting from this SIC). The example project identified by the City is the construction of a 100,000 gallon underground concrete reservoir and booster pump station at the Butler Water Reclamation Facility(see Appendix 2). This new Infrastructure will provide increased quantities of reclaimed water for all potential future customers identified within the service area boundaries of the Butler Reclaimed Water System. The Contractor will be required to provide a project scope plan showing the process to be followed through the design/protest uc tion,permitting,construction and close-out phases of the project. SECTION 3—EVALUATION CRITERIA 3.1 Evaluation and Job Order Contractor Selection The Job Order Contractor will be selected through a qualifications based selection process-do not include pricing information with the Statement of Qualifications. A short list of qualified and available firms will be developed and contracts will be awarded based on the City's needs. The City of Peoria intends to select multiple Job Order Contractors for the award of this Job Order Contract. The City of Peoria is currently looking to establish a Job Order Contract(JOC)for indefinite quantity and indefinite delivery for various utility related construction projects. Interested contractors will have the ability to show related experience and a proven track record in projects of the same nature and magnitude.The selected Contractors will be expected to deliver turn key projects,including all permitting and regulatory requirements. For any project determined by the City to be appropriate for this Job Order Contract,the City will issue an Individual Job Order,at which time the parties will execute a Project Agreement specifying the cost and completion schedule for that project. Although the City anticipates that Job Order Contractors will be issued work,the Contractor is neither guaranteed a minimum amount of work nor any Jobs at all. The City reserves the right and will issue delivery orders based on ability of the Job Order Contractor to meet the City's work schedule and the availability of trades and expertise in relation to each project. 32 Evaluation Process The contractor(s)will be selected through a qualifications based selection process. The City expects to award the project to the best valued contractor(s)based on the requirements in this sonc tation. The contractor selected for qualification will be the contractor whose qualification is responsive, responsible,and the most advantageous to City,as determined by City in its sole discretion.The City reserves the right to add,delete,or modify any part of this solicitation at City's sole discretion.The City will evaluate contractors based on the overall value of each qualification. Contractors interested 11-09-2010 DZ 5 STATEMENT OF INTEREST AND Materials Management 4, `' �' QUALIFICATIONS X75 Procurement Fl. v..=w< Peoria,Arizona 85345-6560 Solicitation Number: P13-0042 Phone: (823)773-7115 Fax: (623)773-711$ in providing services must submit a Statement of Qualifications(SOQ)that addresses the points as outlined herein. 3.3 Key Personnel The City expects the interested firms to identify within their organizations,individuals)assigned to provide the following functions throughout the fife of the contract: • JOC Account Management • Prec onstruction Services • Estimating • Construction Management • Feld Supervision 3A Criteria and Weights The City will evaluate contractors based on the overall value of each qualification. Evaluation criteria will be weighted according to the following categories: Category Weight Responsiveness Pass/Fail References Pass/Fail Project Assessment Plan: Scope Plan 25% Risk Assessment I Value Added 25% Project Schedule/Subcontractor Selection Plan 5% Interview 45% 3.4.1 Responsiveness(Pass/Fail) Contractors must prepare qualifications that follow the format and sequence specified in this solicitation.This includes adherence to the format of any attachments. The following conditlo nslcriteria must be met in order to be considered responsive: • The Contractor will complete and provide all information in Attachment A(Proposal Form) • The Contractor will complete and provide all Information In Attachment B(Reference List) • The Contractor will complete and provide all information in Attachment C(Project Assessment Plan) • The Contractor will complete and provide all information in Attachment D(Project Schedule and Subcontractor Plan) 3.4.2 References(Pass/Fail) • The Contractor will submit 3 references as outlined in Attachment B. 3.4.3 Project Assessment Plan(Weighted at 50%) • The Contractor will submit a Project Assessment Plan as outlined in Attachment C. 1 I-09-2010 0Z 6 * STATEMENT OF INTEREST AND Materials Management • '� ). ' QUALIFICATIONSProcuremerd t , 9875 N.856 Ave.,god Peoria.Arizona 85345.6560 Solicitation Number. P13-0042 Phone: (623)773-7115 Fax: (623)773-7118 • The PA Plan mint be 4 pages or less(2-pages for Scope Plan(25%),and 2 pages maximum for risk assessment and value added(25%)items). • The PA Plan shall NOT contain any names or information that can be used to identify the Contractor. • The Contractor must use the template as provided in Attachment C. Contractors may not re- create or modify this attachment(no color,black ink only,no font changes,no pictures,no diagrams,etc). • Any plan that does not follow these requirements,or contains names or information that can be used to Identify who the contractor is,may be marked as unresponsive and eliminated from the evaluation process. 3.4.4 Project Schedule&Subcontractor Selection Plan(Weighted at 5%) • Provide a 1 page Gantt style project duration schedule for the project that only conveys major milestones,including City approval processes,and final submittal to the City(Attachment D). • Provide a detailed 1-page subcontractor selection plan that uses qualification and price in the selection criteria(Attachment I)). The contractor should describe how they will pas-qualify and select their subcontractor as required per ARS 34-603. • The Project Schedule and Subcontractor Selection Plan shall NOT contain any names or information that can be used to identify the Contractor. 3.4.5 IntervIewws(Weighted at 45%) • The City will shortlist contractors based on the criteria in this section. • The City may interview ell of the critical team components proposed. • The City may request to Interview additional personnel. • The City may interview individuals separately and/or as a group. • The City may request a list of similar past projects from each team member. • For this project,Contractors may bring up to two additional team members at their discretion to the interview. These additional team members will only be allowed In the Interview during the 15-minute presentation and will not be interviewed or scored. The purpose of this is to allow Contractors to bring in up to two additional team members whom they feel are important to this projects success. • Important Note:AN proposed team members must be available for interview on the date specified in this solicitation. No substitutes or proxies will be allowed. Individuals who fail to attend the interview will not be given a score which may jeopardize the contractors competitiveness. SECTION 4 r SELECTION PROCESS 4.1 Interview and Selection Process Contractors will be prioritized and selected through a qualifications based selection process based on the criteria in Section 3. A selection committee whit evaluate and score each Project Assessment Plan.The City will use a Linear Relationship Model(LRM)as outlined in Appendix 1 to assist the City in ranking the contractors. A selection committee will evaluate and score each SOQ and interview the top 3 to 5 contractors 11-09-2010 DZ 7 , ' STATEMENT OF INTEREST AND Materials Management 'w•;. ." ��,- . Procurement r. QUALIFICATIONS 9876 N.85th Ave.,el Fl. ; >t,.,fi�.. Peoria.Arizona 85345-8680 46Solicitation Number: P13.0042 Mons: (823)773-7115 Fax (623)773-7118 _ • based on the scores from the Project Assessment Plan,Schedule and Subcontractor Selection Plan.After conducting the Interviews,investigations of the contractors will be performed by the City. For this project the Final List will consist of the top 3 scoring contractors(based on PA Plan scores, Interview scores,Pass/Fall Reference,and Pass/Fail Responsiveness). 4.2 Identification of Potential Seat-Value Scores from the interview will be used to determine the final ranking order of the shordisted contractors. The top selected contractors)on the final list will then enter into negotiations with the City to reach agreement on final contract form,content and fee structure. If the City is satisfied with the potential best-value contractor(s),they will proceed to issue an award. If the City is not satisfied with the negotiations,the City may consider breaking off negotiations and selecting the next contractor on the final list for potential award. SECTION 5—POST AWARD ACT1Vi LIES 5.1 Weekly Reporting System Once a Notice to Proceed has been issued,the awarded Contractor will be requked to submit weekly reports documenting risks on the project. The weekly reports are due every Friday,until the project is dosed out or project has been accepted and final payment is received.For projects with a duration of less than 6 months,the weekly report will be at the discretion of the City's project manager. 5.2 Post Project Evaluation For contracts that span over multiple years,the City will perform annual project evaluations prior to contract renewal. The City will evaluate the overall performance of the project team(including,but not limked to:overall quality,on-time completion,no cost change orders,compliance to budget,no complaints,ability to work with the City staff,and submission of accurate weekly reports). The final rating will be used towards future City of Peoria projects. SECTION 6—CR1J 1CAL DATES 6.1 Prue-Submittal Conference A pre-submlttal conference will be held on Tuesday, January 2 at 10:00 a.m. Arizona Time. Tie meeting location is the City of Peoria, Development and Community Services Building, Point of View Conference Room,9875 N.85"'Avenue, Peoria AZ,85345. Staff may not be available to respond to individual inquiries regarding the project scope outside of this pre-submittal conference. Ni interested parties are urged to attend this meeting. 1 1-09-2010 DZ 8 STATEMENT OF INTEREST AND !Medals Management i:1411 QUALIFICATIONS �"°eta°9675 N.86°t Aveve.,.,ment ZndPeoria,Arizona 853466580 Solicitation Number P13-0042 Phone: (623)773-7115 Fax: (623)773-7118 6.2 Critical Dates: The following are the critical dates for this project. Please be advised that these dates are subject to change as deemed necessary by tire City. January 22,2013 Pre-Submittal Conference February 6,2013 Submittals Due February 14,2013 Notification of interviews February 26,2013 Interviews(shortlisted contractors only) February 28,2013 Best-Value Contractor Notification SECTION 7—SOO SUBMITTAL FORMAT 7.1 Submittal Format • The SOO must be submitted to the contact listed It Section 7.2. The copies should be stapled (and not bound) to facilitate easy handling, photocopying, and reading by the evaluation committee. • No faxed or emailed SOQs will be considered. • The SOO must be received by the date listed in Section 7.2 1. Attachment A Proposal Form—One(1)original must be submitted. 2. Attachment B:Reference Form—One(1)original must be submitted. 3. Attachment C: Project Assessment Plan—Six(6)copies of the completed 2-page scope plan. 2-page project assessment and value added plan must be submitted. 4. Attachment D: Project Schedule and Subcontractor Selection Plan —Six (6) copies of the 1 page project schedule and six (6)copies of the 1 page subcontractor selection plan must be submitted. 7.2 Submittal Due Date and Contact Information • Proposal Responses must be received by 5:00 p.m.(AZ time)on February 6,2013. • Contact Information Attention: Christine Finney,Buyer II SOO#: P13-0042—JOC for Water and Wastewater Facilities Projects City of Peoria Materials Management 9 875 N.85th Avenue,2n°Floor Peoria,Arizona 85345 1149-2010 DZ 9 16.31. Prohibited Political Contributions. Contractor during the term of this Agreement shall not make a contribution reportable under Title 16, Chapter 6, Article 1, Arizona Revised Statutes to a candidate or candidate committee for any city elective office during the term of this Agreement. The Qty reserves the right to terminate the Agreement without penalty for any violation of this provision. 1632. A.R.S._Title 34 Provisions. 1632.1. The maximum dollar amount of an individual job order shall be Three Million Dollars ($3,000,000) or such higher or lower amount prescribed by the Owner in an action notice pursuant to A.R.S. title 38, chapter'3, article 3.1 or a rule adopted by the Owner as the maximum amount of an individual job order.Requirements shall not be artificially divided or fragmented in order to constitute a job order that satisfies this requirement. 1632.2. If the Job Order Contractor subcontracts or intends to subcontract part or all of the work under a job order and if this contract includes descriptions of standard individual tasks,standard unit prices for standard individual tasks and pricing of job orders based on the number of units of standard individual tasks in the job order,then: 16.32.2.1. The Job Order Contractor has a duty to deliver promptly to each subcontractor invited to bid a coefficient to the Job Order Contractor to do all or part of the work under one or more job orders: 16.32.2.1.1. A copy of the descriptions of all standard individual tasks on which the subcontractor is invited to bid. 16.32.2.1.2. A copy of the standard unit prices for the individual tasks on which the subcontractor is invited to bid. 1632.2.2. If not previously delivered to the subcontractor,the Job Order Contractor has a duty to deliver promptly the following to each subcontractor invited to or that has agreed to do any of the work included in any job order: 1632.2.2.1. A copy of the description of each standard individual task that is included in the job order and that the subcontractor is invited to perform. 16.32.2.2.2. The number of units of each standard individual task that is included in the job order and that the subcontractor is invited to perform. 1632.2.23. The standard unit price for each standard individual task that is included in the job order and that the subcontractor is invited to perform. 16.32.3. The Owner will include the full street or physical address of each separate location at which the Construction will be performed for each individual Job Order. The Job Order Contractor(and on behalf of each subcontractor at any level)hereby agrees to include in each of its subcontracts the same address information.The Job Order Contractor and each subcontractor at any level shall include in each subcontract the full street or physical address of each separate location at which construction work will be performed. 16.33. s + L. Any contract entered into by the Owner of Peoria is subject to finding availability. Fiscal years for the Owner of Peoria are July 1 to June 30. The Owner Council approves all budget requests. If a specific funding request is not approved,the contract shall be terminated. 16.34. Federal deral Fundi ng. It is the responsibility of the Contractor to determine on any job order project if federal wage rates apply. It is also the responsibility of the Contractor to incorporate any necessary amounts in the bid to accommodate for required federal record keeping and necessary pay structures. The Contractor should contact the City of Peoria regarding any applicable Davis Bacon wage rates. -31 03/05/13 CF 16.35. Standard Federal Provisions. This section applies to Job Orders funded with federal monies. All recipients and subrecipients of federal funding are required to comply with all federal and state laws, rules, and regulations and therefore must ensue that their contractors also comply with all federal and state laws, rules,and regulations conditions. The following provisions are incorporated into the contract for compliance with any federal funding that might be awarded pertaining to a specific Job Order. 16.35.1. Compliance with Civil Rights Act of 1964. During the performance of this contract, the contractor agrees to comply with the following: (i)Title VI of the Civil Rights Act of 1964(Pub. L. 88-352, 42 U.S.C. Sec. 2000d), (ii) the Rehabilitation Act of 1973 (Pub. L. 93-1123, 87 Stat. 355, 29 U.S.C.Sec. 794),(iii)the Age Discrimination Act of 1975(Pub.L.94-135 Sec.303,89 Stat.713,728,42 U.S.C. Sec.6102),(iv)Section 13 of the Federal Water Pollution Control Act(Pub.L.92-500,33 U.S.C. Sec. 1251), and subsequent regulations, ensures access to facilities or programs regardless of race,color, national origin,sex,age or handicap. 16.35.2. Termination for oonvetleaoe (43 CFR § 12.84 Except as provided in §12,83 awards may be terminated in whole or in part only as follows: (a) By the awarding agency with the consent of the grantee or subgrantee in which case the two parties shall agree upon the termination conditions,including the effective date and in the case of partial termination,the portion to be terminated, or(b) By the grantee or subgrantee upon written notification to the awarding agency, setting forth the reasons for such termination, the effective date, and in the case of partial termination,the portion to be terminated. However, if, in the case of a partial termination, the awarding agency determines that the remaining portion of the award will not accomplish the purposes for which the award was made, the awarding agency may terminate the award in its entirety under either §12.83 or paragraph (a) of this section. 16.35.3. Ectal Emplovment Oppo:t•n[ty(41 CFR j§¢1,41.--During the performance of this contract, the contractor agrees as follows:(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants is are employed, and that employees are treated dining employment,without regard to their race,color,religion,sex,or national origin.Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising layoff or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship.The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, ser,or national origin. (3)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice to be provided by the agency contracting officer,advising the labor union or workers'representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by the rules,regulations,and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books, records,and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order -32- 03/D5/r3 CF 11246 of September 24, 1965,or by rule, regulation,or order of the Secretary of Labor, or as otherwise provided by law. (7) the contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exerted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in,or is threatened with, litigation with a subcontractor or vendor as a result of such direction,the contractor may request the United States to enter into such litigation to protect the interests of the United States. 16.35A. Compliance with Copeland Act Reendrements.The Contractor shall comply with the Copeland"Anti Kickback"Act(18 U.S.C. 874),as supplemented by Department of Labor regulations (29 CFR part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient shall be prohibited from inducing,by any means,any person employed in the construction,completion,or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 1635.5. Use of American Iron`Ste. and Manufactured Goods. The Contractor hereby represents and warrants to and for the benefit of the City(Purchaser)and the State that(a)the Contractor has reviewed and understands the Buy American Requirements,(b)all of the iron,steel,and manufactured goods used in the project will be and/or have been produced in the United States in a manner that complies with the Buy American Requirements, unless a waiver of the requirements is approved, and (c) the Contractor will provide any further verified information,certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the Buy American Requirements,as may be . requested by the Purchaser or the State. Notwithstanding any other provision of this contract,any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss,expense or cost(including without limitation attorney's fees)incurred by the Purchaser or State resulting from any such failure(including without limitation any impairment or loss of funding,whetherin whole or in part,from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project,the Purchaser and the Contractor agree that the State is a third-party beneficiary and neither this paragraph(nor any other provision of this contract necessary to give this paragraph force or effect)shall be amended or waived without the prior written consent of the State. 16.35.6. compliance with Davis-Bacon Act. Contractor shall comply with the Davis Bacon Act(40 U.S.G. §276a-276a-7)as Supplemented by Department of Labor regulations(29 CFR Part 5):All laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and the through the Federal Government shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the United States Secretary of Labor in accordance with subchapter N of chapter 31 of Title 40, United States Code. In addition,all covered contracts shall include the standard contract clauses regarding prevailing wages and benefits included in the United States Department of Labor regulations found at 29 Code of Federal Regulations ("CFR") § 5S, which are incorporated by reference in this contract. The contractor shall comply with the requirements of 29 CFR Part 3,which are also incorporated by reference in this Contract. The contractor or subcontractors shall insert in any subcontracts the clauses contained in 29 CFR§ 5.5(a) (1)through(10)and also a clause requiring the subcontractors to include these clauses in any lower ties subcontracts. The contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR§5.5. A breach of the contract clauses in 29 CFR§ 5.5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CM § 5.12. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. Disputes -33- 03l05/13 CF arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the United States Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the City, the State of Arizona("State"),the United States Department of Labor,or their employees or their representatives. By entering into this contract,the contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded government contracts by virtue of Section 3(a)of the Davis-Bacon Act or 29 CFR § 5.12(ax1). No part of this contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR§5.12(ax 1). 16.35.7. Contract Work Homs and Safety Standards Act-Overtime Compensation. (a) Overtime requirements. No Contractor or subcontractor employing laborers or mechanics (see Federal Acquisition Regulation 22300) shall require or permit them to work over 40 hours in any workweek unless they are paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours. b) Violation; liability for unpaid wages: liquidated damages. The responsible Contractor and subcontractor are liable for unpaid wages if they violate the terms in paragraph (a) of this clause. In addition, the Contractor and subcontractor are liable for liquidated damages; payable to the Government. The Contracting Officer will assess liquidated damages at the rate of$10 per affected employee for each calendar day on which the employer required or permitted the employee to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the Contract Work Hours and Safety Standards Act. (c)Withholding for unpaid wages and liquidated damages.The Contracting Officer will withhold from payments due under the contract sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and liquidated damages.If amounts withheld under the contract are insufficient to satisfy Contractor or subcontractor liabilities, the Contracting Officer will withhold payments front other Federal or Federally assisted contracts held by the same Contractor that are subject to the Contract Work Hours and Safety Standards Act. (d)Payrolls and basic records. (1)The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records need not duplicate those required for construction work by Department of Labor regulations at 29 CFR 53(aX3)implementing the Davis-Bacon Act. (2) The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the Department of Labor to inspect, copy, or transcribe records maintained under paragraph (del) of this clause. The Contractor or subcontractor also shall allow authorized representatives of the Contracting Officer or Department of Labor to interview employees in the workplace during working hours. (e)Subcontracts.The Contractor shall insert the provisions set forth in paragraphs(a)through(d) of this clause in subcontracts may require or involve the employment of laborers and mechanics and require subcontractors to include these provisions in any such lower-tier subcontracts.The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs(a)through(d)of this clause. 16.35.8. Patent lliahts(43 CFR Part 121.Contractor shall comply with federal requirements (CFR 43, Part 12, Subpart C--Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. 16.35.9. Coovriehts t43 CFR 612.741. The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use,for Federal Government purposes: (a)The copyright in any work developed under a grant,subgramt, or contract under a grant or subgrant;and(b)Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. -34- 03/05/13 CF 16.35.10. Audit Practices(43 CFR Part 121.The contractor agrees access by the grantee,the subgrantee,the Federal grantor agency,the Comptroller General of the United States,or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 16.35.11. Retention of Records(43 CFR Part 121 The contractor agrees to retain all required records for three years after grantees or sub-grantees make final payments and all other pending matters are closed. 16.35.12. Clean Air Act.Clean Water Act.and EPA Resalationa. Contractor shall comply with all applicable standards,orders,or requirements issued under section 306 of the Clean Air Act(42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations(40 CFR part 15). 1635.13. Enemy Policy and Conservation Act. Contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub.L.94-163,89 Stat.871). 16.35.14. Central Contractor Rerhtration Reauired. (a) The Contractor is required to properly register and maintain an updated registration with the Central Contractor Registration (CCR), which is the primary Federal Government repository for contractor information required for the conduct of business with the Federal Government. The requirements for such registration are set forth in the Federal Acquisition Regulation (FAR), including the establishment of a "Data Universal Numberin g System (DUNS) number," the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. (b) "Registered in the CCR database"means that—(I) The Contractor has entered all mandatory information,including the DUNS number or the DUNS+4 number,into the CCR database;and (2)The Federal Government has validated all mandatory data fields,to include validation of the Taxpayer Identification Number(TIN)with the Internal Revenue Service(IRS),and has marked the record"Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process. (c)The DUNS number will be used by the City to verify that the Contractor is registered in the CCR database. (d)If the Contractor does not become registered in the CCR database in the time prescribed by the City, the City will proceed to award the Contract to the next otherwise successful registered responding entity. (e) The Contractor is responsible for the accuracy and completeness of the data within the CCR database,and for any liability resulting from the City's reliance on inaccurate or incomplete data.To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this Contract and is not a substitute for a properly executed contractual document. 16.35.15. Reporting Rests for Projects firnded under the ARRA. (a)This Contract requires the Contractor to provide products and/or services that are funded under the ARRA. Section 1512(c) of the ARRA requires each contractor to report on its use of Recovery Act funds under this Contract.These reports will be made available to the public. (b) Reports from contractors for all work funded,in whole or in part,by the ARRA,and for which an invoice is submitted prior to June 30,2009, are due no later than July 10,2009.Thereafter,reports shall be submitted no later than the 10th day after the end of each calendar quarter. (c) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov: (1)The City of Peoria contract and order number,as applicable.(2)The amount of ARRA funds invoiced by the Contractor for the reporting period. (3)A list of all significant services pafonned or supplies delivered,including construction,for which the Contractor invoiced in the calendar quarter. (4)Program or project title, if any.(5)A description of the overall purpose and expected outcomes or results of the Contract,including significant deliverables and,if appropriate, associated units of measure. (6) An assessment of the Contractor's progress towards the -35- 03/05113 CF completion of the overall purpose and expected outcomes or results of the Contract(i.e.,not started, less than 50 percent completed,completed 50 percent or more, or fully completed).This covers the Contract (or portion thereof) funded by the ARRA. (7)A narrative description of the employment impact of work funded by the ARRA.This narrative should be cumulative for each calendar quarter and only address the impact on the Contractor's workforce.At a minimum,the Contractor shall provide-(i)A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in Federal Acquisition Regulation (FAR) 2.101). This description may rely on job titles, broader labor categories, or the Contractor's existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the worm and(ii)An estimate of the number of jobs created and jobs retained by the prime contractor,in the United States and outlying areas.A job cannot be reported as both created and retained. (8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the Contract is awarded if—(i)In the Contractor's preceding fiscal year, the Contractor received—(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts),loans,grants(and subgrants)and cooperative agreeuunts;and(ii)The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C.78m(a),78o(d))or section 6104 of the Internal Revenue Code of 1986.(9)For subcontracts valued at less than$25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount. (10) For any first-tier subcontract funded in whole or in part under the ARRA,that is over$25,000 and not subject to reporting under paragraph 9,the Contractor shall require the subcontractor to provide the information described in (i),(ix),(x),and(xi)below to the Contractor for the purposes of the quarterly report.The Contractor shall advise the subcontractor that the information will be made available to the public as required by Section 1512 of the ARRA. The Contractor shall provide detailed information on these first-tier subcontracts as follows: (i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company,if the subcontractor has a parent company.(ii)Name of the subcontractor. (iii) Amount of the subcontract award. (iv) Date of the subcontract award. (v) The applicable North American Industry Classification System(NAICS) code. (vi)Funding agency.(vii) A description of the products or services(including construction)being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract. (viii) Subcontract number (the contract number assigned by the prime contractor). (ix)Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable. (x) Subcontract primary performance location including street address, city, state,and country. Also include the nine-digit zip code and congressional district if applicable.(xi)Names and total compensation of each of the subcontractor's five most highly compensated officers, for the calendar year in which the subcontract is awarded if—(A)In the subcontractor's preceding fiscal year,the subcontractor received— (1) 80 percent or more of its annual gross revenues in Federal contracts(and subcontracts), loans,grants (and subparts),and cooperative agreements; and(2)$25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loam, grants (and subgrants), and cooperative agreements; and (B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),78o(d))or section 6104 of the Internal Revenue Code of 1986. -36- 03/05/n3 CF ATTACHMENTS Attachment A JOC General Scope of Services Attachment B SIQ&Contractor's Response Attachment C JOC Cost Proposal Forms(Pricing Matrix,Project Cost Sheet, Contractor's Labor Rates) Attachment D Contractor's Contacts(Contact List&Authorized Signature Form) -37- 031D5/13 CF ATTACHMENT A JOC General Scope of Services 1.0 GENERAL INFORMATION This is a fixed price, indefinite quantity type Contract for the performance of a broad range of construction work on an as-needed basis as may be required by Owner. The specific work requirements will be identified in Job Orders to be issued by Owner. 2.0 DOCUMENTS 2.1 The currently applicable pricing structure contains pricing information for the Work to be accomplished in the pricing matrix specified. The Pricing matrix can only be updated at time of yearly contract renewal by mutually agreeable change order. Previously issued Job Orders and changes will not be retroactively repriced although any changes priced after receipt of an update will be priced by the updated version of the new pricing matrix. 2.2 The construction specifications in effect at Contract signing, and provided to the Job Order Contractor,shall be the specifications under this Contract. 3.0 WORK AUTHORIZATION Any Work required under this Contract shall be authorized by issuance of formal, written Job Orders,as follows: 3.1 As the need exists (as determined by Owner) for performance under the terms of this Contract,Owner will notify Job Order Contractor of an existing requirement. 3.2 Upon the receipt of this notification, Job Order Contractor shall respond within two (2) working days,or as otherwise agreed,by: 3.2.1 Visiting the proposed site in the company of Owner,or; 32.2 Establishing contact with Owner to further define the scope of the requirement. 3.3 After mutual agreement on the scope of the individual requirement,Job Order Contractor shall then prepare a proposal for accomplishment of the task unless Job Order Contractor, in its sole discretion,elects not to undertake the Work. If the Work is declined,Job Order Contractor will so notify Owner in a timely manner. 3.4 The price matrix shall serve as the basis for establishing the value of the Work to be performed. 3.5 Job Order Contractor's proposal shall be submitted within ten(10) working days unless otherwise agreed. 3.6 Upon receipt of Job Order Contractor's proposal, Owner will review the proposal for completeness and will reach agreement with Job Order Contractor on pricing, schedule, and all other terms,prior to issuance of a Job Order. 3.7 In the event Owner does not issue a Job Order after receipt of Job Order Contractor's proposal,Owner is not obligated to reimburse Job Order Contractor for any costs incurred in the preparation of the proposal,except as noted in§4.8. -38- 03/05113 CF 4.0 SCHEDULING OF WORK 4.1 For each Job Order, Owner will issue a Notice to Proceed. The first day of performance under a Job Order shall be the effective date specified in the Notice to Proceed. Any preliminary work started or material ordered or purchased before receipt of the Notice to Proceed shall be at the risk and expense of Job Order Contractor. Job Order Contractor shall diligently prosecute the Work to completion within the time set forth in the Job Order. The period of performance includes allowance for mobilization, holidays, weekend days, normal inclement weather, and cleanup. Therefore, claims for delay based on these elements will not be allowed. When Job Order Contractor considers the Work complete and ready for its intended use, Job Order Contractor shall request Owner to inspect the Work to determine the status of completion. When Owner determines the Work to be Punch List Prepared as defined in 1,7, Owner will provide Contractor with a list of items to be completed or corrected prior to final payment for the Job Order. Job Order Contractor shall proceed promptly to complete and correct items on the list. 4.2 Job placement of materials and equipment shall be made with a minimum of interference to Owner operations and personnel. 4.3 Furniture and portable office equipment in the immediate work area will be moved by Job Order Contractor and replaced to its original location. If the furniture and portable office equipment cannot be replaced to its original location, Owner will designate new locations. If furniture and portable office equipment(or other items)must be moved and/or stored outside the immediate area, Owner will compensate Job Order Contractor for any such transportation and storage costs incurred. 4.4 Job Order Contractor shall take all precautions to ensure that no damage will result from its operations to private or public property. All damages shall be repaired or replaced by Job Order Contractor at no cost to Owner. 4.5 Job Order Contractor shall be responsible for providing all necessary traffic control,such as street blockages, traffic cones, flagmen, etc.,as required for each Job Order. Proposed traffic control methods shall be submitted to Owner for approval. 5.0 QUALITY ASSURANCE/QUALITY CONTROL PROGRAM Job Order Contractor shall submit, for Owner approval, a Quality Assurance/Quality Control Plan within fifteen (15) calendar days after issuance of the initial Job Order. This plan should address all aspects of quality control including responsibility for surveillance of work, documentation,trend analysis,corrective action and interface with Owner's inspectors. 6.0 DESIGN Job Order Contractor's duties under the Contract include the preparation of shop drawings or sketches necessary to permit orderly construction of Owner's design plans. Job Order Contractor agrees to provide detailed design drawings and plans if requested by Owner,with reimbursement included as part of the Job Order Contractor's proposal. 7.0 TEMPORARY SANITATION FACILITIES The Contractor shall provide ample toilet facilities with proper enclosures for the use of workmen employed on the work site. Toilet facilities shall be installed and maintained in conformity with all applicable state and local laws, codes, regulations and ordinances. They shall be properly lit and ventilated,and kept clean at all times. -39- 031gS/I3 CF • Adequate and satisfactory drinking water shall be provided at all times and under no circumstances and under no conditions will the use of common cups be permitted. The Contractor must supply sanitary drinking cups for the benefit of all employees. 7.1 DUST CONTROL AND WATER The dust control measures shall be in accordance with the requirements of the "Maricopa County Health Department Air Pollution Control Regulations,"namely Regulation II,Rule 21, subparagraph C and Regulation III, Rule 310 shall be rigidly observed and enforced. Water or other approved dust palliative in sufficient quantities shall be applied during all phases of construction involving open earthwork to prevent unnecessary discharge of dust and dirt into the air. The Contractor shall be responsible for compliance with these regulations. A Notice to Proceed will not be issued until the City of Peoria has received a copy of the Contractor's Dust Control Permit and Plan. The Contractor shall be required to obtain the necessary permit and all pertinent infotnmation from the Maricopa County Air Pollution Control Bureau, 2406 S. 24th Street #E-214, Phoenix, Arizona,(602)506-6700 extension 372. The Contractor shall keep suitable equipment on hand at the job site for maintaining dust control on the project streets,and shall employ sufficient labor,materials and equipment for that purpose at all times during the project to the satisfaction of the City Engineer. Watering shall conform to the provisions of Section 225 of the MAG Standard Specifications. The cost of watering will be included in the price bid for the construction operation to which such watering is incidental or appurtenant. Installation and removal of fire hydrant meters should be scheduled at least forty-eight(48)hours in advance through the City of Peoria Utilities Division at(623)773-7160. A $1,000 deposit is required for each meter. An additional$28.00 service fee is also required. The cost of the water is at the prevailing rate. 7.2 Electricity: Except for remote locations or unless otherwise specified in a Job Order, Owner shall furnish to Job Order Contractor from existing Owner facilities and without cost to Job Order Contractor, electricity necessary for the performance of work under this Contract. It is the responsibility of Job Order Contractor to determine the extent to which existing Owner electrical facilities are adequate for the needs of this Contract. Upon completion of this Contract the removal of all taps, connections and accessories will be accomplished by and at the expense of Job Order Contractor,and costs included in the Job Order Proposal, so as to leave the electrical power source and facility in its original condition. Such removal shall also be subject to the approval of Owner. 8.0 WORK BY OWNER Owner reserves the right to undertake or award Contracts for the performance of the same or similar typo work contemplated herein, and to do so will not breach or otherwise violate the Contract. -40- 03+05/13 CF STATEMENT OF INTEREST AND Materials 014‘:it----;`11.4*.1) QUALIFICATIONS 9875 N.8501 Ave.,2nd Fl. Peoria,Arizona 85345$550 r . : Solicitation Number. P13-0042 Phone: (823)773.7115 Fax: (823)773.7118 7.3 Disqualification Please be advised that failure to comply with the following criteria may be grounds for dlsquatiicatbn and will be strictly enforced: • Receipt of SOO at the proper location by the specified date and time • The number of copies of the submittal requested • Adherence to maximum page requirements • Not submitting all required documentation • Adherence to having no identifying information(except for Attachments A&ft) SECTION 8—GENERAL INFORMATION 8.1 Questions • Ail questions regarding this SOQ must be submitted in writing by wailing: Chdstine.Finnev(PeorlaAZ.Gov • inquiries within 48 hours preceding the due date&time will not be addressed. 8.2 General Information • Instructions: The City of Peoria shall not be held responsible for any oral Instructions. My changes to this SOO shall be in the form of a published addendum. a Contact: Contact with City of Peoria staff,elected or appointed ofiidats,or selection committee members concerning this SOQ,at any time,in any venue,is strictly prohthited, except as described in Section 8.1 above,and may be grounds for disqualIflcation. • Costs: The City of Peoria will not be responsible for any costs Incurred by any contract*" submitting an SOO or responding to this notice. The City reserves the right to waive any irregular ties In any submittal and to reject all submittals and re-advertise or cancel the project in its entirety,at its sole discretion. The City reserves the right to request clarification or additional Information. • Nlatedal All materials submitted in response to this solicitation become the property of the City,and may become a part of any resulting contract.Award or rejection of a proposal does not affect this right. • Conwllance: The selected contractor will be requbed to comply with the Legal Arizona Workers Act. • federal Funds: The selected contractor will be required to comply with all associated Federal Compliance Regulations for any federally funded projects that may be done under this JOC contract I I.09-2010 nz 10 STATEMENT OF INTEREST AND Materials Management ` ent QUALIFICATIONS 9875 N.85rAFi. Poria,Arizona 85345-6560 • Ey Solicitation Number. P13-0042 773-7115 Fax (623)773-7118 8.3 Protest Policy and Procedures • The City of Peoria Protest Policy and Procedures are available online at • Mfrswww.Deoriaazgov/NewSecondarv.asox?Id=532§7. The policy Is contained within the City of Peoria Procurement Code,Chapter 2-Administration.Section 2-321.Procurement Code Protests;Informal and Formal. • The specific protest procedures are contained h the Materials Management"Administrative Guidelines'and can be accessed at ://www.fleoriaaz.oovvNew$ecandarv.asaxitid--5493T under the`DOWNLOADS"box on the right side of the web page. 8.4 Attachments(AN must be completed and returned to be considered responsive) Attachment A Proposal Form Attachment B: Reference List Attachment C: Project Assessment Plan(Scope Plan&Risk/Value Added Plan) Attachment D: Project Schedule and Subcontractor Selection Plan 8.5 Appendices Appendix 1: Scoring and Ranking Submittals Appendix 2: Example Project The JOC Contract template(far review only)and all templates for Attachments A,B, C,and D can be accessed on the City's FTP website. FTP Site Access Directions: Using your Web Browser, enter the following address: ito://citvftos.peoriaazaov You will be prompted for a User ID and Password User ID: ffpsolratatlon Password: AEC91&/v (password is case sensitive) You should then see the available file. The file name for this project is P13-0042—JOC for Water and Wastewater Facthtles Projects. You can copy or download to your computer or server. Download speed will depend on the Internet connection speeds on both sides. If you have trouble moving beyond the prompt for user id and password It Is likely your network or pc'a farewali and/or anti-virus software is blocking access. Temporarily turning off your firewall anddar and-virus software should allow you to continue with access. 11-09-2010 DZ I I 0 STATEMENT OF INTEREST AND Materials Management iCqr-f4N. QUALIFICATIONS Pr'DC Ih Ave.,9875 N.85 Av .,2 Fl. ,p Peoria,Arizona 85345-6560 J0:41...h Phone: (623)773-7115 , 1y Solicitation Number: P13-0042 Fax: (623)773-7118 ATTACHMENT A PROPOSAL FORM One (1) original of this Proposal Form (Attachment A) must be completed and sent to the City of Peoria. Please staple Proposal Form (Attachment A) to the original Reference form (Attachment B), Project Assessment Plan (Attachment C)and Project Schedule and Subcontractor Selection Plan(Attachment D). Project Team: Name of Job Order Contractor(Contractor): MGC Contractors,Inc. Name of JOC Account Manager(Individual): Randy Gates Name of Preconstruction Manager(Individual): Greg Beetem Name of Estimator(Individual): Mike Panter Name of Construction Manager(Individual): Greg Beetem Name of Field Supervisor(Individual): Doug Hoopes Bonding: Individual project bonding capacity: $30,000,000 Total bonding capacity: • $180,000,000 Amount of bonded contracts currently in process: $294263,500 The Project Assessment Plan, Project Schedule and Subcontractor Selection Plan must NOT contain any information that may identify the Contractor or critical team members. MGC Contractors,Inc. Name o Company , X.ddi-_--_. Randy L..Gates-President Printed Name and Title of Contractor Representative Signature ntractor Representative 4110 E. Elwood Street Phoenix,AZ 85040 Address City,State Zip Code (602)437-5000 (602)470-4000 February 6,2013 Phone Fax Date RandytTlmgccontractors.con Email General Engineering A-ROCO$9949,General Commercial B1-R00071441 Contractor Ucense Number 11-09-2010 Da_ 12 %IYO�a SOLICITATION AMENDMENT MateraManagement rocuremrel " Solicitation No: P13-0042 9875 N.85 Ave.,2 Fl. * * Description: JOC for Water&Wastewater Peoria,Arizona 85345-6560 „`. ,�''� , Treatment Facilities Projects Telephone: (623)773-7115 4'00 Amendment No: One(1) Fax. (623)773-7118 Solicitation Due Date: February 6,2013 Buyer:Christine Finney Solicitation Due Time: 5:00 P.M.Arizona Time A signed copy of this Amendment shall be received by the City of Peoria,Materials Management no later than the Solicitation Due Date and Time. I. CLARIFICATIONS: A. The Pre-Proposal Presentation,Slide Number 25,Entitled Scope of Work, is hereby REVISED for the purposes of clarification.Additional items have been added which more accurately coincide with the Scope of Work identified on Pages 3&4 of the SIQ. Revised Slide#25 attached. It. REVISIONS: A. ATTACHMENT B,Reference List(Page 14)is hereby REVISED as follows: The Section marked"Annual Value"is revised to read"Project Value". Revised Page 14 attached. Nothing Further All other provisions of this Solicitation shall remain in their entirely. vendor hereby acknowledges receipt and agreement with the The above referenced Solicitation Amendment is hereby Executed 1)4:1-- ---°February IL 2008 January 24,2013 .tine Dace Randy L.Gates-President at Peoria,Arizona by: Typed Kama and Tide MGC Contractors,Inc. 1 Company Name 0640,e. &''"Atly 4110 E.Elwood Street Address Phoenix Arizona 85040 City State Zip Capyried 2033 CAy d P.ai..lumen. COP 207(02101 oeWFK Page 1 of I STATEMENT CSF INTEREST AND morels Mmagement 41* Procurement�, QUALIFICATIONS 9875 W 851'five 2n°Fl. ,,r ,� Peoria,Arizona 8534543580 Solicitation Number P13.0042 Phone: (823)773-7115 Fax: (823)773-7118 ATTACHMENT REFERENCE LIST HOW TO CREATE AND SUBMIT A REFERENCE UST 1. The nffjence list must contain different orokcts. You cannot have multiple people evaluating the same job. However,one person may evaluate several different Jobs. 2. The references for past projects must be of similar size and scope for the type of project being solicited. 3. The past projects mat be comaletad oast orolects(no on-going or substantially complete per). 4. The City will contact the references for additional information and clarification. If the reference cannot be contacted,there will be no credit given for that reference and your firm may be eliminated from the selection process. 11494010 DZ 13 • STATEMENT OF INTEREST AND Materials Management QUALIFICATIONS 9875 r 85th Ave.,reme "d Ft Peoria,Arizona 85345-6560 Solicitation Number: P13-0042 Phone: (623)773-7115 Fax: (623)773-7118 REVISED ATTACHMENT B REFERENCE LIST Please lista minimum of three(3)owner references from similar completed projects within the past three(3) years whom the Materials Management Division may contact 1. Company: City of Peoria—Butler Road WRF Effluent Modifications Contact Mr. Daniel Kiel, P.E. Phone: (623)773.7982 Address: 8401 W.Monroe Street,Peoria,AZ 85345 Description of Work; Installation of first phase of reclaimed water distribution system which included a 23,000 gallon hydro tank,distribution piping,flow meter and chlorine feed. _ Project Value: $446,229 Date Completed: January 2011 2. Company: City of Phoenix—4C-B1 Pump Station Upgrade(JOC) Contact Mr.Gary Neden,P.E. Phone: (602)495-7389 Address: 200 W.Washington Street 8th Poor Phoenix,AZ 85033-1811 Description of Work: Addition of 2 surae tanks and 3 booster pumps and a new motor control center within an operating facility Project Value: $1,035,000 Date Completed: June 2011 3. Company: City of Scottsdale—Water Campus Re-Use Water Pump Station(JOC) Contact Mr.Chuck Hill Phone: (480)312-7250 Address: 9388 E.San Salvador Dr.Scottsdale,AZ 85258 Description of Work; Remove and replace ancillary process water pump station while maintaining operations of the ancillary process water system In an active WRF. Project Value: $446,198 Date Completed: August 2011 14 11.09-2010 DZ ,-;1\ STATEMENT OF INTEREST AND Mahan.Is Management Procurement QUALIFICATIONS 9875 N.85"'Ave.,2"d FI. Peoria,Arizona 85345.6684 v--"- --01 .S7 Solicitation Number P13-0042 Phone: (628)773-7116 Fax: (623)77&7118 ATTACHMENT C PROJECT ASSESSMENT PLAN GUIDE AND TEMPLATE Introduction The purpose of the Project Assessment(PA) Plan is to identify if a contractor can quickly Identify the risks on a future project in terms of cast,time,and client expectations(of quality and performance). The PA Plan is used to: 1. Assist the client In prioritizing contractors based on their*My to understand the risks of a project. 2. Provide high performing contractors with an opportunity to differentiate themselves from their competitors. 3. kfirtrnize the effort of experienced companies who ere competing for the project. Contractors should keep in mind that the PA Plan Is only one step in the selection process. If all the PA Piens are the same,the PA Plan wit have little impact In the selection(other factors,such as the interview wit dictate the selection). The PA Plan wIN become part of the contract. PA Plan Formai The PA Plan contains three major sections: Scope Plan, Potential Risks and Solutions and the Potential Value Added Options. The Clys goal is to make the selection process as efficient as possible. Efficiency is to minimize the effort of all participants,especially those who orifi not be awarded the project.Therefore,the PA Plan should be brief and concise. The PA Plan shall ma exceed 4 pages front side of page only(2 pages Scope Plan,2 pages combined for Kiska end Value Added Ideas). In order to minimize any bias by the evaluation committee,the PA Plans shall NOT contain ANY names(such as contractor or manufacturer names,personnel names,project names,product names,or company letterhead). A PA Plan template is attached and must be downloaded tom the FTP site. Contractors are NOT Mowed to re-create the PA Plan Template (cannot alter font size,font type, add colors,add pictures, etc). Failure to comply with these requirements may result in disqualification. The PA Plans should not contain any marketing information, brochures, product names, technical information,or general items. All documents shall be on 8W x 11',in black and white ink only,no graphics or pictures. Ovwvfew of the Soaps Plan Section The purpose of the scope plan submittal Is en opportunity for the contractor to differentiate themselves by giving a concise and well organized description of the project. The Scope Plan should be a succinct summary of the project and should be used to prove to the client timet the contractor can visualize whet they are going to do before they do it. The Plan should identify the major components,risks,and show contractors capability to predict.preplan,prioritize and minimize technical risks. Overview of the Risk Assessment Section The contractor should dearly address the fdlowing items: 1. List and prioritize major risk Items that are unique to this project The Includes areas that may cause the project to not ba completed on time, not finished within budget, generate any change orders, or may be a source of dissatisfaction for the owner. Risks can include tNngs that you control and things that you do not control. 2. Explain how the contractor will avoid/minimize the risk. If the contractor has a unique method to minimize the risk,they should explain it in non-technical terms. Overview of the Value Added tiler Section The contractor should Identify and list any value added options that they feel may apply to this project. Do not include marketing material. 11-09-2010 DZ 15 a STATEMENT OF INTEREST AND Materials Management QUALIFICATIONSProcurement 9875 N 85th Ave, 2th A. Peoria,Arizona 85345-6560 ` y Solicitation Number: P13.0042 Phone: (623)773-7115 Fax: (623)773-7118 ATTACHMENT C PROJECT ASSESSMENT PLAN SECTION 1—SCOPE PLAN It is our understanding that the City of Peoria(City)wishes to engage multiple general contractors to provide water and wastewater preconstruction and construction services via the Job Order Contracting(JOC)project delivery method with no single project to exceed$3,000,000. In response to the City's Request for Statement of Interest and Qualifications(SlO),proposers are to provide a step-by-step plan for the implementation of the Butler Water Reclamation Facility Effluent Line Modifications Phase 2(Project)to convey their interest,knowledge of the project and ability to complete the project The purpose of the project is to convey effluent for reuse to a new adjacent community park and other existing or new consumers on the City's reclaimed water distribution system. The new project elements include: • An underground concrete storage tank currently planned to have a 100,000 gallon capacity • Vertical turbine pumps likely to be VFD driven • A standalone disinfection and sampling system • Valves,flow meter,piping and appurtenances • Primary power feed,secondary electrical, instrumentation and control systems • Tie-in to an operating WRF We will use our proven JOC methodology(more than$50M experience and average size of approximately$800K)to produce this project for the City. We have dedicated JOG resources that Include several smaller,more mobile crews than those typically utilized on large treatment plant projects. We have tailored these crews toward delivering JOC projects efficiently and economically,accounting for the fact that these projects are typically smaller and on a fast track to completion. If design services are required for subsequent projects we will consult with the City and subcontract the best qualified firm for the design. To prepare our schedule for the sample project included in Attachment D we have: • Carefully read the SIQ • Studied the information provided on the sample project carefully • Attended the pre-submittal conference and visited the site • Incorporated our many years of Reclaimed Water Distribution System experience in the Valley Our approach to this project will begin with the preconstruction phase in which we will provide design collaboration with the City and the Engineer of Record to provide thorough Risk Assessments and Value Added advice to the Team. Our advice could save the City upwards of$78,000 on this project and will highlight such items as accounting for the addition of the system's largest user—the adjacent community park—and will pay particular attention to fine tuning the layouts of piping and pumping systems for optimum operability and cost effectiveness. Another focus of our VA—one that is often overlooked by contractors—Is avoiding premature corrosion caused by dissimilar metals,thereby extending the life of the system. We will utilize exiting as-built drawings,Bluestake,potholing and private locating services if necessary to confirm locations of underground utilities that could impact the project. As a pre-installation and pre-fabrication quality control step,we will use our in-house CAD department to detail all site layouts to make sure equipment,structures and piping are ordered,fabricated and constructed properly to fit together seamlessly. Our level of detail goes as far as valve handle orientations and exact pipe support locations. Not only does this step help to avoid costly mistakes, but it allows City operations staff the opportunity to see their actual facility before it's built and apply their specialized 16 STATEMENT OF INTEREST AND Materials Management ttMkpi QUALIFICATIONS9e75 ProcuremN 85'h Ave.,2nd FI. Peoria,Arizona 85345-6560 �► .� Solicitation Number: P13-0042 Phone: (623)773-7115 Fax: (623)773-7118 knowledge by suggesting changes that may improve operability. To ensure the project is delivered on time,we suggest beginning procurement of long lead items such as pumps and electrical switchgear during the preconstruction phase. This may be accomplished by the City prepurchasing these items or phasing the project to allow us to purchase the items during the preconstruction services phase. We will initiate the development of a primary power design through Arizona Public Service early on to ensure power is available in time to start up the project During this phase we will also begin communicating with Maricopa County Environmental Services Department and the City's Building Safety and Engineering Departments to obtain an Approval to Construct and all other required construction permits as soon as the design is completed. We will develop a cost model and initiate a design log at notice to proceed. The cost model will be adjusted as the design progresses to ensure the project remains under budget We wlll use the design log to complement the cost model so the team can monitor scope versus budget before additions become a threat to the overall project The cost model will be converted to a Guaranteed Maximum Price(GMP)at the end of the preconstruction phase. Using this proven cost monitoring process will ensure the City will not see change orders for any reason other than City initiated changes to the project scope. The construction phase will begin after the City's acceptance of the aforementioned GMP. After receiving Notice to Proceed and securing all permits,we will begin onsite with installing safety measures for protection of personnel and existing facilities,then initiate our dust and noise control programs. We will commence construction by budding the project from the ground up,starting with excavation and preparation of the reservoir sub-grade.Construction of the reservoir structure will come next,along with installation of pipelines and other items within the excavation, specifically including tie-in to the existing RINDS pipeline up to the first valve on the Phase 2 system. We will backfill the excavation and begin work on grade after leak testing the reservoir. The work at this level involves careful coordination between electrical,concrete and mechanical crews to complete the pumps,piping,disinfection and control systems. Each system will then be tested individually prior to commissioning of the overall facility. Particular attention will be paid to the 30"tie-in to the Butler effluent line. A detailed MOPO(maintenance of plant operations)will be developed to insure no unplanned outages or unexpected consequences will be encountered. For this tie-in,we intend to pre-build a header including a valve so as little work as possible is required when the effluent line is actually shut down. Effluent flow patterns will be analyzed and an ideal time frame for shutting down the line will be determined. On a system like Butler's,low flows are usually experienced around 3:00 AM. Our crews are adept at working at night during important MOPOs such as this. Rest assured we will use our experience to handle high risk situations like this flawlessly. To achieve Final Project Completion several steps must first be completed, including: • Commissioning of the facility and establishing beneficial use • Completion of initial and final punchlists • Final painting–usually the final construction step after all wrenches are done turning for a dean finish • Final as-bunts–including red-lined contract drawings as well as CAD layout drawings we developed • Training of operations staff on not only individual pieces of equipment but on the system as a whole • Close out of all permits • Final invoicing,lien releases and execution of affidavits required by the City • Inventory and turnover of spare parts • Completion and turnover of final Operations and Maintenance Manuals We will deliver a high quality addition to the City's Reclaimed Water Distribution System and pledge to deliver the project for less than the Guaranteed Maximum Price—no change orders! We will be servicing the project long after completion by responding rapidly to any warranty claims that may arise. We will strive to exceed the City's expectations on this and any other JOC projects we are assigned. 17 !'>- STATEMENT OF INTEREST AND Materials Management Procurement QUALIFICATIONS 8875 N.851'Ave.,2n°FI. Peoria,Arizona 85345-6560 .' iy�` Solicitation Number: P13-0042 Phone: (623)773-7115 Fax_ (823)773-7118 ATTACHMENT C PROJECT ASSESSMENT PLAN SECTION 2—IDENTIFICATION 8 MINIMIZATION OF RISK Risk 1: There is a tendency to design pumping systems that perform in a worst case scenario.These pumping systems can be hard to operate,have high capital costs and are not energy efficient. Solution: As the Job Order Contractor we will thoroughly review all designs for constructability and operability to develop the optimum pumping configuration for this system and include the existing hydro tank (completed In January 2011)into the capacity calculations. We will utilize our decades of experience designing and constructing pumping systems along with a recommendation to perform a hydraulic study of the entire reclaimed water system to ensure the project team provides the most efficient and reliable system,while still maintaininj flexibility for the best and worst case scenarios. Risk 2: Some project schedules are negatively impacted because the primary power provider is not fully informed about the requirements of the project Solution: We will actively pursue the provider to install the primary power before it is needed for startup and testing. Our schedule,included in this proposal, indicates that installation of primary power can become a critical schedule item if we do not proactively manage this activity(early and frequent communication) to ensure primary power is ready when we need it Maintaining constant communication with the _provider is the key topreventing unnecessary delays. Risk 3: An enhancement to the City—the Community Park—is being developed adjacent to this project. This requires sensitivity to the risks associated with disturbing citizens using the park,as well as minding the needs of the plants and wildlife that will be attractions within the park. Solution: Our construction sequencing plan will account for scheduled park events and our work schedule will be adjusted to avoid any construction activities that may impact those events. We will provide continual, extensive dust control on the project so that no dust is transmitted to the park. We will conduct an ambient noise study in the park adjacent to the facility, revise the study during reuse pumping system operations and install permanent noise attenuation systems to achieve pre-project noise levels. Close attention must be paid to disinfectant levels in the reclaimed water sent to the park. For instance,too high of chlorine levels can be hazardous to the grass and the fish in the lake. Risk 4: Tying this project Into existing operating facilities presents the risk of overflows inside and outside the plant Solution: Our company will develop highly detailed maintenance of plant operations(MOPO)plans that will consider and mitigate any risk associated with connecting the new system into the existing plant. Actual shutdown durations will be kept to a minimum and we wig proactively manage all MOPO activities to their successful completion. Risk 5: There are several methods of disinfection that can be used on thisproject and each of them have benefits and risks. For example,chlorine gas is inexpensive but requires air quality sensors and alarms,whereas liquid chlorine can be more expensive than gas but has less biological risk. Solution: We will insist that the design team take all risks and benefits of the various methods into consideration and will install the disinfection system in accordance with all plans and regulations to mitigate personnel and material risks associated with this system. We will require the preconstruction team to study the life cycle costs of each disinfection system and weigh these costs against the risks to insure the optimum disinfection methods are employed. Risk 6: Dissimilar metals can cause premature corrosion—not only in the piping systems,but inside the pumps and other equipment Solution: Our personnel have been trained on how to mitigate corrosion within the systems typically constructed on water and wastewater facilities. We will work with pump and other equipment suppliers to make sure all metals being used are electrochemically similar. When all else fails,cathodic protection may be installed. All too often we see galvanic corrosion(caused by dissimilar metals)appearing on municipal facilities just a few months after they've been constructed—this is avoidable. 18 STATEMENT OF INTEREST AND Materials Management /41:‘•„'4,te4} QUALIFICATIONS9875 N 85th Procurement 2"d FI. Peoria,Arizona 853456560 Solicitation Number: P13-0042 Phone: (623)773-7115 Fax: (623)773-7118 ATTACHMENT C PROJECT ASSESSMENT PLAN SECTION 2—VALUE ADDED OPTIONS Item 1: Broker dirt hauling to save disposal costs—we have many active projects in the West Valley, some of which need clean fill material. We will save money on hauling costs by utilizing the excess excavated material from this project on nearby projects in need. Impact: Cost($) Save$6,000 Schedule(Days) No Change Item 2: Eliminate flow meter bypass piping and valves because majority of flow meter maintenance does not require the flow tube to be removed. The flow meters in sizes 16°and below are readily available so replacement can be completed quickly if necessary. Keep in mind,a broken magnetic flow meter is essentially a ipe spool and has no effect on the flow of water. Impact: Cost($) Save$30,000 g , Schedule(Days) Save 5 days Item 3: We have built several similar facilities by installing all equipment on top of the concrete tank eliminating the need for equipment slabs on grade and reducing the overall footprint of the facility. Space will be very important if this facility requires future expansion as useable space is limited In the areas immediately surrounding the hydro tank. The City can save money on this and future phases through more consolidation of the facility without sacrificing O&M access. __ impact: Cost($) Save$9,000 Schedule(Days) Save 9 days Item 4: Relocate pressure relief to downstream of pump discharge line,thereby providing more space for future expansion and saving mone on pipe required for this act. Impact Cost($) Save$3,000 Schedule(Days) Save 2 days item 5: Consider future expansion of reservoir in the Phase 2 structural design. • East wall of Phase 2 reservoir may be reused as the West wall of a future reservoir expansion o Stub walls and slabs on new tank to minimize cost of future tank expansion • Rebar couplings and waterstop can be embedded in the Phase 2 reservoir to tie In future walls and slabs Impact: Cost($) Adds$3,000 to current Schedule(Days) 0 days on this project and saves$30,000+ in project,saves future expansion costs. weeks on future expansion 19 aiVSTATEMENT OF INTEREST AND Materials Management 1)\ Procurement QUALIFICATIONS 9876 N.86 Ave.,2nd FI. ' "' %F; Peoria,Arizona 85345-6580 *1i), Solicitation Number: P13-0042 Phone: (623)773-7115 Fax: (623)773-7118 ATTACHMENT D PROJECT DURATION SCHEDULE and SUBCONTRACTOR SELECTION PLAN See attached schedule Overview of the Subcontractor Selecilon Plan We are committed to the belief that the specific knowledge possessed by high quality subcontractors and suppliers can have a positive Impact on a JOC project Our company competitively bids virtually all of the subcontractor and vendor items on JOC projects. Exceptions are noted below as "qualifications only`; and may include certain specialized subcontractors such as SCADA programming, or suppliers the City dictates based on requirements to match existing installed equipment. We use a prequalification system that is fully compliant with the Arizona Revised Statute 34603. Upon determination of the projects specific needs a detailed list of pre-qualified subcontractors for each discipline are asked to review the project The Design Team reviews any feedback that could increase value to the City through risk assessment or value added options. During this review it is determined which subcontractors will be selected based on qualifications and price—or qualifications only. Both of these selection criteria are often required for a single JOC. Our Subcontractor Selection Plan fully embraces these requirements, although as stated earlier, competitive bidding by qualified firms Is our preference. Key elements in developing the qualifications and price selection criteria for all Subcontractors and suppliers are: • Past history on our projects: Quality,on time completion, lack of claim or litigation activity • Current availability: We will insure that the sub or supplier has the manpower to complete the work on time and in a quality fashion,particularly if it is a pre-purchase item or will require long lead attention • Experience at the specific site: Has the fimn worked at the project site in question?Are they familiar with the need to maintain the exiting process elements? • Experience with the specific work items on the project Do they have a history with this type of work? • Safety record: We will review workmen's compensation records and past claim history Firms meeting the above requirements are invited to bid an individual JOC, and responses will be compiled. Their quotations and correspondence will be fully available for the City's review and comment Each successful bidder will be issued a subcontract or purchase order. Subcontractors and suppliers that are selected because they possess proprietary information—or perhaps sole suppliers of equipment who are considered on their qualifications only—are brought Into a JOC early. Often times their portion of the work is key to the overall project engineering and design. Specific considerations for these firms include: • Early involvement,to insure that the other construction elements of the project fit seamlessly with the specific service or material being supplied by these firms. • Review of price and schedule, to insure that prices are fair and that no schedule delays occur due to misunderstandings or missing key elements. • We stand ready to assist qualifications only subcontractors and suppliers, as they often require unloading, storage or construction trade assistance with their work. It is vital that we adhere to our Subcontractor Selection Plan to insure that all subcontractors and suppliers be allowed full participation in the design and scheduling phases. This insures an on time JOC that is on budget and is what the City staff wanted. 20 .14100 agar- aea . 1606160 Mgt 1111r2111111.11M11111111111EMIIIIIIIIMAIIIIIINIEME..... =Lain NW • I s`iI .EIII,, -.a uI^.i rn Ig,. .� •: •--_- --- -• • Sc, 71 10, _ - -- r • Pf netne O6*seem 0 -Gi▪bed&reweave Leas 1.408 awes 10 _ t61.ew6eesd6 a panning a d Veen 9aea Olwttwl I 1 3 Damen asndRonOone 10 Meuse Pfm9e so - 4 ...r.._.._. Procne Eleaeicd(leer 60 ode V Oatein Pants(Alt.Oullna any.Peons E. .s ttg) II ortletwelt Ceettnatewat AAS Ni Pommy Pore Dann(Prelim 660$0 Fine 66 CIOILLWObont 116 v _- - - V Connstaa nein to Ponied 0 Obtoin Cnnsbudien Rdmed Penn(awlna.8bdsplte.WI.OmlContn* I Resew* M G Emma sr Rosman 1 .. ✓am,ReMmrs.Peer inane=Ree 10 Pam.Re.1010100.POW R00NNi1 10NMC01ane 16 _...... Form.Renate.Pon Rosen*Rad 12 Lead Ted Rosner 3 B ann Reservoir 6 eNmBematIt la 21 Cd.Lay.Padd11 ar Mont Piphy 18 b ISCPO:and Sr Mudd Tan 1 6160006660600016 00 ....9... '•'t' nmm6 APS Perm Pa00r Hee 13 •---w ..._._..._. • RogMb Meda t a Canine20 1: Fenn.Pow.8601lantne SW* - - - 3 COMMMte Eba1Oda Caade 20 929960030. 30 = v Fenn.Pear.Sbipt Pd a 3 and Pune.Oischarge 01011.Vallee.tawanints 0 NOPO:WWI Pump DIsenne Tia-010 CNlts16s SyneNI 1 . . 8tm0p a Ten Pimp BNIbn 6 ,s O MPohedoe Snare M -. . Fem.Pan sop ma .. a •. 'La • dd D623enee Onmltnp Oman a Plewa 6 '-- .. 8anup a Test C anted tellarmOna System I - . PeeledCentin60a 29 9 — V S7tamOea3kW?abq 10 .--- Bene10111 Use or eastern .0 P runed - M6 P a C6wsatt(Ftrnt(Yew Ten,AOC.FhsY Ogee:PundW$AGMs, 20 NW w_._...._______ 0 Ya SW*Now �__T T MS �' Oct Vag AO al AMI 6666 Od r !mv V$663rtMWF-Eleven Resew*&Pomp Mon 36306 tab 26 baa 733bas 705 556 160 noted SupednbOtlmd arch 9 5 10 81 70 70 56 30 PrapnMenage 1110h 20 20 20 20 20 a0 20 20 • Woad Ganser iW70 70 70 70 70 70 70 70 ee Mend Tadetnn 1470 _ 10 200 300 300 330 250 40 Send MedNpber700h _ _ _10 100 _ 130 176 176 110 30 t Opeala - ' 37011 10 132 128 50 -40 . STATEMENT OF INTEREST AND Ma rids MProcume ement nt it tOk IFI�iATI®NS 9875 N.856 Ave.,2rd Ft. °'i":®R-` Peoria,Arizona 85345/580 Solicitation Number P13-0042 Phone: (8Z3)773-7115 Fax: (823)773-7118 APPENDIX 1 . Scoring and Ranking Submittals Overview The City of Peoria uses a simple linear data model to score and rank the contractors. The model uses raw data scores with a 1-10 rating, then normalizes those scores to a 100 point bad, then multiplies by the weighted percentage for the final score and ranking.Exarnple:8.1=81 X 45%=38.5. Example The following data and tables are for informational purposes only. Based on the raw data and weights,Contractor C is identified as the highest ranked firm(85.5 points out of 100 posse points). Any firm that receives a fail in the responsiveness or reference categories will be eliminated from the selection process. Crttorta • Weight • VendorA Vendor Vendor C Raw Weighted Raw Weighted Raw Weighted Score Score Score Score Score Scone • 1 Riess Pass/Fall Pass Pass Pass Pass Pass Pass 2 interview Score 45% 8.1 36.5 7.8 35.1 8.3 37.4 3 Soape Plan 25% 5.6 14 6.1 15.3 7.8 19.5 4 PA/VA Plan Score 25% 9.1 22.8 9.7 24.3 9.5 23.8 5 Project ouradon Schedule A 5% 8.5 4.3 9.3 4.7 9.5 4.8 Subcontractor Plan Score 6 References Pass/Fail Pass Pass Pass Pass Pass Pass 300% 77.6 • 79A 18.5 Final Ranking 3 2 _ 1 Vendor A Vendor 8 Vendor C 1 I.09 2010 DZ 21 h STATEMENT OF INTEREST AND Materials iia nt oi QUALIFICATIONSrement 9875 r u s Ave., Fi. Peoria,Arizona 85345.8580 11' Solicitation Number: P13-0042 Phone: (623)773-7115 Fax: (823)773-7118 .. ._,_. APPENDIX 2 Sample Project Expansion of Reclaim Water System for the Butler Water Reclamation Facility Project Description: The City of Peoria is devebping a reclaimed water distribution system in Its Southern area.The first phase entailed the construction of a small reservoir/surge tank located at the Butler Water Reclamation Facility (WRF).As pad of this first phase,the City extended a distribution line to the Municipal Operations Center (MOC)and to the City Hal Campus located at the intersection of 85*Avenue and Monroe Streets. Currently the City of Peoria is using reclaimed water from this system to provide irrigation at City Hall and also for a truck wash facility at the MOC.In addition,two(2)existing Home Owners Associations are taking advantage of the reclaim water to irrigate their common area(see exhibit A for distribution system details). The proposed project will design and construct a 100,000 gallon underground concrete reservoir and booster pump station at the Butler WRF(see exhibit B). This new infrastructure will provide increased quantities of reclaimed water for all potential future customers identified within the service area boundaries of the Butler Reclaimed Water System. The City is currently In the design phase and anticipates retaining the spices of the selected Job Order Contractor under the fallowing scope: • 1. Preconstr ction Services: • Provide one constructabil ty review during design(80%stage). • Provide up to two cost estimates during design(60%and 90%). • Prepare a construction GMP proposal. 2. Construction: • 100,000 underground concrete reservoir • 1 MGD Booster Pump Station(on top of the reservoir) • Disinfection System(assume chlorine gas) • El&C 11-o9-zolo DZ 22 STATEMENT OF INTEREST AND Materials Management Procuremeld QUALIFICATIONS • Peoria,Arizona 8534543580 SolicitationPhone: (823)773-7115 Number P13-0042 Fax: (623)773-7118 •-....._AL..-- Exhibit A .."Vert.It7,71-11.1itti: .o... .a stetaL.,::- ... ..s,17 (Wil ri.:•,.,i-:_, .!:•r...":''r?,"61 7:7.7.:i. 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'.7..,*; . • ---• 0 ...,-..4,:.,171 t•, ,.., 1,4,1-Hs ., -'. - itgf-:.t:;vi,--15,,,5.'.0--p.,., .,..-.-..%--,!..-.':.-4,, :-,0': ..1%,,,... :...dir, ,... . fi--'4'. .' •,..* )7:k...-•`;--,',•9' -‘- - .•r___.- .---,„,._•.--- .---,.-f:.,-,'.-'!4,.t-,''..-.'l:-:.%,;,-.:.,.'"'''.*?;41.$,21-,- -''....__-2- --..',--.-,--.`,1,01e--':- ..'",['Nil, 'tui io 1.,:2--i-J.,..0"- -,_, , :.-,.-71.••---:-.71.---.7-: -.-..-1,:,-... .:•..,;-.:...., -.-94.„..-:,..1 wil eht 1,,,,-. -a-, - -•- --....---;:;-;:4.--...-',..• re.,. .,;,11,,,•••• • :.;, .. 7.L.7.77-•---' ..'-1 `;' ,•iii.....i .-L-- ••11.1 • -,---. .1,'-;, .ii•-•;;.P..,ili-,,„j,),..i::,•..,..!-!: ....,•..., '- ,..; ;;;,;.„..;.'" .....-... ...._.. •---• .•0=-- LEGEND 4.1.111ti' ' kic b bisNng Reclaimed wan= Waterline 1111111 NewSiorage Reseirvair Butler R ec I a 1 mCnird6rWP.°613a tor "vit-i4,1417:e.i•I'l'•-•::, Leeeder PumP 5.10114" ., „. .... f& Pioneer Pa* Customers 8/1 6/1 Butler Ddve water rAtetriltit„ L"- Iteciamolion Foclity 23 11-09-2010 DZ r �:+ STATEMENT OF INTEREST AND Materials Management Ir QUALIFICATIONS P"°`a' , 9875 N. Ave.,el Fl. S i Peoria,Arizona 85345-6560 'k!)► Solicitation Number: P13-0042 Phone: (623)773-7115 Fax: (823)773-7118 Exhibit B 1NI; ht "`` tt ii 11111111 ! it 11 ! I i11IIII11 $il �_ _ ni ! � ' II { 1'-I g � ! I ii II � � t 1Ir-- Mit I11I 06 II 11117.1, I 1 is <� ,. - t . 1 ii 1 10 1 1 T ' N 1 : 1, i i i i ,,,,i,..: ! .,_t i ( I ' # `� • .' wl 10d f I1 IA 1 -1j1 l . NH 1 11-09-2010 DZ 24 ATTACHMENT C JOC Cost Proposal Form (Pricing Matrix,Project Cost Sheet,&Contractor's Labor Rates) (See Attached) -42- 03105/13 CF 4. City of Peoria JOC Pricing Matrix P13.0042,JOC for Water 0.Wastewater Treatment Facilities Projects Company Name: UGC Contractors,Inc. $1.00 to$109.000 0100.000 to$250.008 $250.000 to 1690.900 1600.000 to 91.000.050 over$1,900,000 Indirect Cost tithe Work Ganef*8 Awe Expense(Overhead& 7.00% 7.00% 0.00% 0.00% 5.00% Job Order Corms Fee(Pro1k) 10.00% 10.00% 9.00% 9.00% 8.00% _ Pawned 8 Pertammnos Bonds 1.60% 1-.60% 1.25% 1.25% 1.00% 1.25% 1.25% 1.25% 1 125% AZlCaunhfd1yTaxes(85%of.091) 5.015% 5.815% 5.915% 5.915% 5.916% Total Mamat Coat% 28.87% 2567% 2.3.42% 23.43% 21.17% Labor Barden Perm/dace 20.00% 20.00% 26.00% 28.00% 28.00% City of Peoria Job Order Cost Proposal CONTRACTOR NAME: MGC Contractors, Inc. , Contact Type water&Wastavater reales Prefects OR Project No.: Job Order tio. P13.0042 Conbacto's Job No.: Job Tine~ Prepared by: Location oats: Redac Desatpass of Work to de Performed (supporting tahreetion attached): . seam k WU)*(Inctlaniva of btarden) Labor Cost Mao Paean plat OttmtOlr E.dt Tate Taal PrWinManner Nous 1.0 5 410.00 $ 90.00 $ 90.00 Pi set 6rgbmor Han _ 1.0 $ 90.00 $ 9000 $ 50.00 eupmUNndma Han 10 9 90.00 $ 50.00 9 0020 PROJECTA000ta$TRATOR Hous to $ 50.00 $ 90.00 9 9020+ EST91ATOR Hahn 1.0 $ 90.00 9 0000 $ 90.00 CAO TEC160CYW Fbtn 1.0 $ 90300 i 00A0 1 00.00 Farersan Nags 1.0 1 53.54 $ 63.94 5 50.04 Speols*Opmamr Han 10 $ 42.97 i 42.97 $ 4227 Edelman Opsralor Han 10 , 1 36.00 $ 55.60 S x.90 SHodTrodnran(Jaunoyamq Han , 1.0 $ 42.42 S 42.43 $ 42.42 Mad Maar(Appentlat) Han 1.0 $ 39.16 $ 39.11 $ 36.16 San6514914Warta. Han t0 $ 36.16 9 39.15 $ 36.E tabmar Mars 1.0 8 24.55 0 24.56 3 24.55 Teel.dorCost $ 563.40 SECTION B: EQUIPMENT(supporting Information sltaehed.Lo.BeNIpmentWatelLcon) Borussia ben San Urd Ouan8.y Eads Toad Taal EVAP1 Han 1.0 $ • $ • 1 - E0432 Nan 1.0 , $ - $ - $ • Egalp9 Hous 1.0 $ - $ - $ - E4dp4 Hous 1.0 _ S - S - 1 - 60dp6 Hass to $ - $ - i - EOdPa Nays 10 $ - $ - $ - 80437 Hours 1.0 $ • $ - i - Eoido Hass 1.0 0 • 1 - 9 - 00499 Hosts 10 0 i - 9 - II10 Maas 10 $ - $ - $ Ufa Walled Cost i - SECTION C: MATERIALS Mama urea Ilam UM Omar Eads Tam Toad Manna Each 1.0 8 - 1 - 6 - MatadakQ Boa 10 $ - $ - $ - Maalals3 Rd 1.0 $ - S $ - 1 Mstale 4 Ton 1.0 $ - 5 - 5 - 01011e6 _ rirtt 12 5 - $ • i - Mal WN Each 1.0 $ - i S - Mabdent Eadt 1.0 S - $ - 1 Meals a9 Each 1.0 5 - `$ • $ - MabgNdd fedi 1.0 $ $ - $ - 0.1. 110 E th 1.0 i $ • $ - Toad Wald Cost i • Page I o?2 Patn:412019 City of Peoria Job Order Cost Proposal CONTRACTOR NAME: MGC Contractors,Inc. COtial ct Type MEWS 1 Waeterraan Faeblles Pmjeole Clly Paged No.: Job Order No. P13.0042 C ContacbelsJob Na: Job TIN: Prepared by. Locatore Dox SECTION O: SUBCONTRACTORS&CONSULTANTS DautepOrmofY ok%betblbumed bear Caw S(rp.aTh quota S Information atteohatl T0% S S 6 $ $ S a j Toots Srbomrtr.aorcoot $0.011 OVERHEAD: 0% PRORT: '0% Subtotal Oanond Contractor Cab(MS+C) $693A0 OSP(16%atMC): DUO Total Gourd Coot<aabr Cab%duet.OSP: MAO Subtotal SubomdreiterCaolo(D) $0.00 Pisa(S%att>) 60.00 Total SrbombootorCasts bel dhp OSP: SOHO TOTAL OC and Subramador Cato Inetudbq OSP: 11698.40 Immo COM®1.5% 50.67 Bond Costs.1,25% SSW Sett Tax ems d9.1%) S42,04 Subtotal Job Case {768.17 Carilircandos TOTAL JOB COST: SMUT submittal tan Name.tie Drea Y12401S CF Page 2 of 2 More 41112013 CONTRACTOR NAME: MGC Contractors, Inc. Contract Type Water&Wasbnager FadNies Projects Job Order No. P13-0042 SECTION A: LABOR(Inchsshre at burden) Position IMEEME Qua Each P . ectM: :.,=r Hours 1.0 $ 90.00 Hours 1.0 $ 60.E Su.<. ntendent Hours 1.0 $ 80.00 PROJECT ADMINISTRATOR Hours 1.0 $ 50.00 ESTIMATOR Hours 1.0 $ 90.00 CAD TECHNICIAN Hours 1.0 $ 50.00 Foreman Hours 1.0 MEM , ;; •, Hours 1.0 $ 42.97 ,L. • Hours 1.0 $ 35.50 Skilled Tradesman Jou n Hours 1.0 $ 42.42 ?11'..Li[!'i' G^�"".uu'J/1111111 Hours 1.0 MEM Semi Sidled Worker Hours 1.0 $ 38.16 Laborer Hours 1.0 $ 24.55 ATTACHMENT D Contractor's Contacts (Contact List&Authorized Signature Form) (See Attached) -43- 03/05/13 CF Oci QUALITY-PERFORMANCE•VALUE March 20,2013 City of Peoria 9875 North 85th Avenue,2°d Floor Peoria,AZ 85345 AT1N: Christine Finney,CPPB RE: JOC for Water&Wastewater Treatment Facilities Projects Key Personnel Randy Gates.Prolee*Executive randy@mgccontracton.com Mobile 602-757-4432 Grea Beetem.Prosect Manager greg@mgccontracton.com Mobile 602-757-6140 Mike Paster.Senior Estimator mikep®mntractors.com Mobile 602-722-6537 Doug Homes.General Superintendent dhoopes®mntractors.com Mobile 602-513-3255 Main Office 602-437- 000 Main Office Fax 602-470-4000 4110 E.Elwood St. Phoenix,Arizona 85040 Telephone(602)437-5000 Fax(602)470-4000 License Numbers R00069949&R00071441 r , It QUALITY.PERFORMANCE.VALUE March 20,2013 City of Peoria 9875 North 85th Avenue,2thl Floor Peoria,AZ 85345 ATTN: Christine Finney,CPPB RE: IOC for Water&Wastewater Treatment Facilities Projects Authorized Signature Form Dear Christine, Per your request,the following individuals are authorized to sign contractual documents for MGC. Randy i��L L.Gates, President7 7 .,--(1- ,,..„.. 1 1r , , , Greg Bectene,Project Manager sror ! 111 If you have any questions or need additional information,please call. Sincerely, UL)(AL-016\i'LL'f-446-' Wendy S.Harvey Corporate Secretary 4110 E.Elwood St. Phoenix,Arizona 85040 Telephone(602)437-5000 Fax(602)470-4000 License Numbers R00069949&R00071441 * •s,� * City of Peoria,Arizona . y Job Order Contract 4 , Statement of Qualifications No: P13-0042 5 Job Description: JOC for Water&Wastewater Treatment Facilities Projects Location: City of Peoria,Materials Management Contact: Christine Finney,CPPB Mailing Address: 9875 N.85th Ave.,tad FL,Peoria,AZ 85345 Phone: (623)773-7115 OFFER Contractor's license Number. A R00069949. 13-1-R00071441 MGC Contractors,Inc. _ lob Order Caemaeior Name Atnbcsiaed Signadae Gar Oiler 4110 East Elwood Street Randy Gates Address Feinted Naar Phoenix, AZ 85040 President City State Zip Cade Title (602)437-5000 (602)470-4000 Telephone Facsimile ACCEPTANCE OF OAND CONTRACT AWARD(For City of Peoria Det Only) Your offir it hereby accepted.The Cam is maw bound to red the=sanction seevicea listed by the attached maid=mice based tame the aoechadoe,indoles all team oendhfom,specifications,ao ment%etc,of the amuses and dee C cuuseter's affix as acegaad by the City. The Contractor is hrreby caudaemd net to commune any billable walk or provide any asaterial,service or cabinet=ender this sonnet mail Cannan=waives an executed Notes to Proceed tad Paeshese Orden tweed by: City of i . Eft.Dock, • orAs 0 A�. !�►� r. s * (4, StephenM.* * . Chy +cc R B tla "46', ��`�`�' Contract Number - I Oly Seal Official File tan?stem, dela Management Supervisor copycats 2003 nay et Peals,Mmes A cog 18413 03/05113 CF , . CONTRACT AMENDMENT Materials Management SIir 0 Procurement " '.. \l j*A 46 9875 Kee Ave.,2nd FL * :1 --'* Solicltabon No. P13.004213 Page 1 of 2 Peoria,AZ 85345 `1i c',� Telephone: (623)773-7115 Ii6 \�1` Fast (623)773-7118 Description: JOC for Water&Wastewater Treatment Facilities t �s Projects(MGC Contractors) Buyer Christine Finney • Amendment No. One(1) Date: April 8,2014 The following changes are hereby made to the contract: I. Contract Extension- In accordance with the Contract Special Terms and Conditions, Contract Extension,the above referenced contract shall expire on April I 1,2014 and is hereby extended an additional twelve(12)months. The new Contract Term is Anril 12,2014 to Aril 11,2015. Contractor hereby emits!,ea receipt and agreement A signed gepyroarkpritiikl•with the City of Peoria,Materials Management ,.. t; t8 Randy Gates,President MGC Contractors,Inc. Typed Name and Title Company Name 4110 East Elwood Street Phoenix AZ 85040 • Address 'City State Zip Code Attested - Is►�� wn'�j il / • f, /sP�__ir t iRhonda -> sky,City C r s l;t Mentor: tingly,PW/Utilities Director aim 7 7 CC Number De• , 11 Kari Zook,PE,Construction Superintendent 1 4111 OA& �}/ Ap as to From: i, ACON18413A ~�ti * * I Contract Number Stephen M. p,City Attorney ....) The •ova referenced Contr act Amendment Is hereby Executed: r /7 , ?©/1 at Pawls,Arizona CIIVof Pada,A zest 241.(titt . Dan Zenko,Matoriais Manager (Rev OstOsil )CF • AOON 1 8 4 1 3,A • CONTRACT AMENDMENT Materials Management Y0 Procurement 9875 N.85th Ave.,2nd Fl. * * Solicitation No. P13-0042B Page 2 of 2 Peoria,AZ 85345 ?l L `iter Telephone: (823)773-7115 Description: JOC for Water&Wastewater Treatment Facilities Fax (623)773-7118 "`0$ Projects(MGC Contractors) Buyer: Christine Finney Amendment No. One(1) Date: April 8,2014 IL Pare 17.Section 9.3.(Job Order Cost Proposal Structure)is hereby DELETED and REPLACED with the following REVISED Section 9.3 Changes shown in italicized underline. 93. Job Order Cost Proposal Structure. For each Job Order, the Job Order Contractor shall prepare a Job Order Cost Proposal with the sufficient level of cost detail as required by the Owner. Cost detail may include, but is not limited to: schedule of values,work schedule,direct labor cost and fringe benefits,direct material costs(supported by quotes), direct equipment costs (supported by quotes), allowable overhead costs (includes insurance), allowable profit, cost of subcontractors (supported by quotes), and contractor's overhead allowance (not to exceed 5 percent) for subcontractor costs. M. Key Personnel: In accordance with the Contract Terms and Conditions,Key Personnel, the following individuals are hereby added to the Contractor's list of Key Personnel. Nick Patterson • nick@mgccontractors.com • Cell#(602)722-7080 Keith McClure • keith@mgccontractors.com. • Cell#(602)680-8628 Bryan Forster a. bryanf@mgccontractors.com b. Cell#(602) 695-3652 Nothing Further • (Rev 0B/09/13)CF CONTRACT AMENDMENT Materials Management Procurement vie.�01.,�► 9875 N.85d'Ave.,2"d Ft. *te a ,*. Solicitation No. P13-00428 Page 1ft Peoria,AZ85345 Telephone: (823)773-7115 1.1",:4':'4;3:-4'14749 Description: JOC for Water&Wastewater Treatment Facilities Fax: 7123)773-7118 Projects(MGC ContraCtors) Buyer. Christine Finney Amendment No. Two(2) Date: 12/30/14 • In accordance with the Contract Special Terms and Conditions,Contract Extension,the above referenced contract shall expire on 4/11115. The New Contract Term Is: 4112/15 to 4/11/16 Contractor hereby acknowledges receipt and agreement. A signed copy shall be filed with the City of Peoria,Materials • Mane t Division. "�.-7griattne / ��r � � Randy Gates,President MGC Contractors,Inc. 4a/..c Typed Nem.and Title Company Name 4110 E.Elwood St. Phoenix AZ 85040 • Address City State Zip Coda_ Attested 4,01,Imeot, • A ai Jr tt et4a.-11 ' - Geriminsky, a Director: 815 Mattingly.Pulb Director £:6 CC Number Project Manager. Dan Davis,Construction Superintendent • • Approved as kr Form: '� ACON184138 * Contract Number Stephen M. City Attorney • r above referenced Contract Amendment Is hereby Executed: 7 L4 ascii 6 ,.40/.6"7.14 Peoria,Arizona Asa Seal 2Dan Zenko,Materials Manager • City of Peoria,Arizona (Rev 08108118)CF ACCN18413B e r , � _CONTRACT AMENDMENT T Materials Management . 0Procurement 8875 N.se Ave.,2n0 Fl. *�. ; * Solicitation No. P13-00426 Page 2 of 2 Peons.AZ 85345 ew fi Telephone: (523)773-7116 .„.41, Description: JQC for Wafer&Wastewater Treatment Facilities Fax: (823)773-7118 r. Projects(MGC Contractors) Buyerr, Christine Finney Amendment No. Two(2) - Date: 12130/14 Key Personnel: In accordance with the Contract Terms and Conditions,Key Personnel,the • following'individuals are hereby added to the Contractor's list of Key Personnel. Matt Pavltcb • tnatt®mgccontractorrs.com • Gell#(642)513-3123 • • • (Rev 09/o9I131OF LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE,ARIZONA AND MGC CONTRACTORS, INC. EXHIBIT B Award and Rate Sheet 5 9/15/15 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE,ARIZONA AND MGC CONTRACTORS,INC. EXHIBIT C Scope of Work PROJECT Per the following Job Order Contract Proposal dated September 9,2015,replace interior liner and make various repairs and improvement to related systems to Thunderbird Reservoir. 6 9/15/15 QUALITY•PERFORMANCE•VALUE September 9,2015 City of Glendale 7070 W.Northern Avenue Glendale,Arizona 85303 Attn: Jim McMains Re: Job Order Contract Proposal Thunderbird Reservoir Improvements Dear Jim: In accordance with the information provided, we are pleased to submit this guaranteed maximum price estimate proposal for the work at Thunderbird Reservoir. This estimate was prepared based on the information provided in our meeting on May 28th the site visit on July 146 and the 90%drawings prepared by CH2M and additional comments on the previous proposals. A breakdown of the proposal is attached. All applicable sales tax and performance and payment bonds have been included. Please note the following clarifications: • MGC will participate in preconstruction services as needed through the design phase of the project. We will produce GMP estimates at 90 and 100%level of design. • We will competitively bid the liner work as well as all major material items such as pumps,piping, and chlorination equipment. • The City will drain the reservoir to an approximate level of 3' above the floor. • MGC will pump the remainder of the water to the overflow area at a rate not to exceed 1,400 GPM • Access points for the work inside the reservoir will be provided and a crane to service all of the work will be mobilized. The site access was verified at the site visit on July 14a'. • The silt and existing liner will be removed as described in the project documents. • The new liner will be installed and tested in accordance with the project documents and the proposal from Field Lining Systems is attached. • The reservoir will be leak tested and disinfected per the specifications prior to being returned to service. • Following the site visit and observation of corrosion an allowance of $20,000.00 was added to replace damaged standing seam roof panels. • We have included a general allowance of$65,000.00 based on the current level of design. This allowance includes no markups and shall be used at the City's discretion. • We assume all materials testing services will be provided by the City of Glendale. • The cost for all water for testing is excluded and shall be provided by the City. MGC will provide the piping to connect to the hydrant designated by the City. 4110 E.Elwood St. Phoenix,Arizona 85040 Telephone(602)437-5000 Fax(602)470-4000 License Numbers R00069949&R00071441 QUALITY•PERFORMANCE•VALUE Thunderbird Reservoir Modifications GMP Proposal Page 2 of 2 • We have included a line item in the estimate to obtain a recommendation from a structural engineer and repair the cracks observed in the reservoir sidewalls. • The recirculation system has been priced to install concrete runways with 316 SS guide angles,and 8" SCH 80 PVC discharge pipe as shown on the CH2M drawings. The pumps will be purchased and installed in a later phase of the project when adequate power is available. • We assume any required special inspections will be provided by others. • All insurance is included in accordance with the City of Peoria Job Order Contract. • We assume the City will obtain and pay for any required permits. • The installation of the new liner will take approximately 30 working days. Draining, cleaning, removal of the old liner and refilling will take another 20 days. We have attached a schedule to the proposal indicating the required construction time. The items listed below are for completion of the Recirculation system along with improvements to the Chlorination system. Given the time constraints on the project that requires it to be completed during the winter shutdown this work will fall outside the current project but has been included for budget planning purposes. • Completion of the recirculation system including furnishing and installing the pumps. • Improvements to the chlorination system including a new FRP enclosure and replacement of the existing chlorination equipment. A concrete slab has been included for the enclosure. • We have included an allowance of$100,000.00 to obtain a new 480 volt service from APS. • An allowance for engineering of$106,412.00. This is for design of the new electrical service, chlorine system modifications. Thank you for the opportunity to be of service,if you have any questions please do not hesitate to call. Sincerely, Randy L. Gates President 4110 E. 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Job Code: 16622-0 Description: Glendale Thunderbird Reservoir Relining GMP �- py"�" ,«i 1f, `+,V".:1"1:r1-47'-'-'§77,..7.- .-a s - 7-‘0,,7 ", "-•: `�": ' P o [ ption Vi, & , : ;� ',mini Un t 0 iiNeasure d a" P, T e e x , � rt � ray s o-1 ��a„ '�� r.� r 119 �� a� � - hP�" , 1 PRECONSTRUCTION SERVICES 1.00 LS 18,000.00 18,000.00 2 RELINE RESERVOIR 1.00 LS 838,000.00 838,000.00 10 RESERVOIR WALL CRACK REPAIR 1.00 LS 18,000.00 18,000.00 3 RECIRCULATION SYSTEM ALLOWANCE 1.00 LS 170,000.00 170, 0.00 9 ROOF PANEL ALLOWNACE 1.00 LS 20,000.00 20,000.00 6 GENERAL ALLOWANCE 1.00 LS 65,000.00 65,000.00 8 ENGINEERING ALLOWANCE 1.00 LS 106,412.00 108,412.00 3 RECIRCULATION PUMP ALLOWANCE 1.00 IS 63,000.00 63,000.00 4 CHLORINATION SYSTEM ALLOWANCE 1.00 LS 56,000.00 56,000.00 7 APS SERVICE ALLOWANCE 1.00 LS 100,000.00 100,000.00 Subtotal: 1,454,412.00 GRAND TOTAL 1,454,412.00 918/2015 2:12 PM Copyright491989-2014 Hard Dollar Corp.All Rights Reserved. 1 of 1 Estimate Summary MGC CONTRACTORS,INC. gob Code 15622-0 Descript on:Glendale Thunderbird Reservoir Relining GMP From Cost Rem: 1 To Cost mem: 0.6 Code .. .._^_- 'd f .:, .f "'.M .. i � r Dat tCul T..,0"4; ;cp.,. .,:..4 1 R 1 �. 1.00 LS PRECONSTRUCTION SERVICES 10.00 0.10 Detail U.S.Dollar 15,981.22 15,961221 1.1 1.00 LS Precon Services 10.00 0.10 Detail U.S.Dollar 15,961.22 15,961.221 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost LZPM Project Manager 0.50 Each U.S.Dollar 94.93 3,797.34 LIPS Project Superintendent 0.50 Each U.S.Dollar 72.66 2,906.32 LZPE Project Engineer 0.50 Each U.S.Dollar 56.53 2,341.34 LEST MM Level Estimator 1.00 Each U.S.Dollar 46.89 3,751.42 ELPU PICKUP 2.00 Each U.S.Dollar 19.78 3,164.80 12 1.00 LS RELINE RESERVOIR 82.00 0.01 Dotal U.S.Dollar 661,687.06 661,687.06 2.1 1.00 LS Buyout 0.00 0.00 Detail U.S.Dollar 463,750.00 463,750.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost ULINE Liner Sub 125,000.00 SF U.S.Dollar 3.71 463,750.00 I 2.2 10.00 Week Supervision,Equipment and Support of 50.00 0.20 Dell U.S.Dollar 9,922.66 99,226.62 I Liner Sub Resource Code Description Hours QuantityUM CurrencyUnit Cost Total Cost LZP4 Pipe Foreman 1.00 Each U.S.Dollar 53.64 21,455.68 ELPU PICKUP 0.60 Each U.S.Dollar 19.78 4,747.20 ESMTOOLS SMALL TOOLS 1,00 Each U.S.Dollar 5.00 2,000.00 UELECT ELECT SUB 10,000.00 Lump Sum U.S.Dollar 1.00 10,000.00 MSAFETY Safety Equipment 0.00 Each U.S.Dollar 9.50 3,040.00 MISC Blower 5,000.00 Lump Sum U.S.Dollar 1.00 5,000.00 112 Lab Grp 2 1.00 Each U.S.Dollar 31.63 12,652.80 Notes: Includes 2 laborers to manage traffic in and around the reservoir.he will assist trucks entering and leaving the site and handle barricades and keeping hikers dear of construction activities. I 2.3 1.00 LS R&R Roof parcels for access 1.50 0.67 Detail U.S.Dollar 2,960.41 2,960.411 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost MECHACCS MECHACCS 1,200.00 Lump Sum U.S.Dollar 1.00 1,200.00 2.4 1.00 LS Remove and replace Solar Bee 1.50 0.67 Detail US.Dollar 2,060.41 2,060.41 1 IResource Code Description Hours Quantity UM Currency Unit Cost Total Coat I ECHACCS MECH ACCS 300.00 Lump Sum U.S.Dollar 1.00 300.00 2.5 1.00 LS Drain and dean 10.00 0.10 Dotal U.S.Dollar 17,544.32 17,544.321 2.5.1 960,000.00 Gallon pump out last 3' 5.00 192,000.00 Detail U.S.Dollar 0.01 6,890.561 IResource Code Description Hairs Quantity UM Currency Unit Cost Total Coot Lit Lab Grp 2 2.00 Each U.S.Dollar 31.63 2,530.56 RMHURRIC HURRICANE PUMP 2.00 Each U.S.Dollar 29.50 2,380.00 MPIPACCS PIPEACCS 2,000.00 Lump Sum U.S.Dollar 1.00 2,000.00 I 2.5.2 1.00 LS clean silt from floor 5.00 0.20 Detail U.S.Dollar 10653.76 10,653.76 I IResource Code Description Hours Quantity UM Currency Unit Cost Total Cost LL2 Lab Grp 2 4.00 Each U.S.Dollar 31.63 5,061.12 UDUMP DUMP FEES 1,500.00 Lump Sum US.Dollar 1.00 1,900.00 2.6 1,300.00 IF Install safely cable around top of slope 2.00 650.00 Detail U.S.Dollar 4.11 5,34722 Resource Code Description Hours Quantity UN Currency Unit Cost Total Cost MECHACCS MECH ACCS 3,000.00 Lump Sum U.S.Dollar 1.00 3,000.00 L2.7 1.00 LS Install and remove pipe plugs 4.00 0.25 Detail U.S.Dollar 13,394.44 13,394.44 IResource Code Description Hours Quantity UM Currency Unit Cost Total Cost I Estimate Summary MGC CONTRACTORS,INC. lob Code115622-D Description:Glendale Thunderbird Reservoir Refining GMP From Cost Rem 1 To Cat Rem 0.8 c. +'�4 .0 '-,. 4 1 4 e" (tam ., 4,,., , ;, . ,, �' o N'�,jI 1. • det t MPIPEPLUG Rental of pipe plugs 9.00 Month U.S.Dollar 600.00 5,400.00 UDIVE Ming Subcontractor 1.00 Each U.S.Dollar 150.00 2,400.00 MPIPACCS PIPE ACCS 900.00 Lump Sum U.S.Dollar 1.00 900.00 Notes: Includes the rental of 1-42',2.30'inflatable:plugs. Plugs must be installed as soo as reservoir is drained and must remain In until after hydro testis completed.removal will be by&vers. 2.6 121,135.00 SF Remove existing liner 8.00 15.141.88 Detail U.S.Dollar 0.37 45,128.65 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost LL2 Lab Grp 2 4.00 Each U.S.Dollar 31.63 8,097,79 UDUMP DUMP FEES 15,000.00 Lump Sum U.S.Dollar 1.00 15,000.00 MECHACCS MECH ACCS 4,000.00 Lump Sum U.S.Dollar 1.00 4,000.00 Notes: the existing hypolon weighs.4 pounds per square toot total weight will be 50,000 pounds.a 14,000 SF root will weigh 5,600 pounds.assume we roll up each bay between columns the avg.roll will be 30'wide by 300'long or 8,400 SF or 3,360 pounds. 1h Iran nn 11Fav R Indian erhnnl will taM if me kvvi ac Ire rloan R Av lhara rmtnnn kat am MI A inn rkm musk chndri hail an hole a rlav 21 SMI A rimy 2.9 1.00 LS aspect and patch floor 3.00 0.33 Detail U.S.Dollar 6,262.74 6,262.74 Resource Code Description Hours Quantity UM Currency Unit Coat Total Cwt LF Finisher 200 Each U.S.Dollar 35.03 1,68124 LL2 Lab Grp 2 3.00 Each U.S.Dollar 31.63 2,277.50 MFMACCS FORM ACCS 600.00 Lump Sum U.S.Dollar 1.00 600.00 ES160CPS COMPRESSOR/JH 2.00 Each U.S.Dollar 35.50 1,704.00 2.10 1.00 LS FM,Disinfect and Test 2.00 0.50 Detail U.S.Dollar 6,012.22 6,012.22 Resource Code Description Hours Quantity UN Currency Unit Cost Total Cost UCL REs Cl2 Sub 5,000.00 Each U.S.Dollar 1.00 5,000.00 LU Lab Grp 2 2.00 Each U.S.Dollar 31.63 1,012.22 3 1.00 LS RESERVOIR WALL CRACK REPAIR 5.00 020 De ail U.S.Dollar 12,332.63 12,332.63 3.1 1.00 LS Buyout 0.00 0.00 Detail U.S.Dollar 5,000.00 5,000.00 Resource Code Description Hours Quantity Uhl Currency Unit Cost Total Cost UENG Structural Engineering 5,000.00 LS U.S.Dollar 1.00 5,000.00 I 3.2 90.00 SF Repair Cracked and Spaw ed Areas 5.00 18.00 Detail U.S.Dollar 81A7 7,332.631 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost IF Finisher 2.00 Each U.S.Dollar 35.03 2,802.07 11.2 Lab Grp 2 2.00 Each U.S.Dollar 31.63 2,530.56 MFMACCS FORM ACCS 2,000.00 lump Sum U.S.Dollar 1.00 2,000.00 Notes: The cradcs will be repaired by a combination of epoxy Injection and chipping or muting out the area and patching back with nonshdnk epoxy grout 4 1.00 LS RECIRCULATION SYSTEM ALLOWANCE 17.00 0.06 Detail U.S.Dollar 111,516.14 111,516.14 4.1 1.00 LS Buyout 0.00 0.00 Detail U.S.Dollar 79,228.00 79,228.00 Resource Code Description Hours Quantity UM Currency Unit Cat Total Cwt MDIP DIP BUY 68,228.00 Lump Sum U.S.Dollar 1.00 68,228.00 METALS METALS BUY 11,000.00 Lump Sum U.S.Dollar 1.00 11,000.00 1 4.2 1.00 LS place concrete pump bases 3.00 0.33 Detail U.S.Dollar 8, 10.01 8,950.01 Resource Code Description Hours Quantity UM Currency UnitCost Total Coat MFMACCS FORM ACCS 300.00 Lump Sum U.S.Dollar 1.00 300.00 M4CONC 4000#CONC 1320 Cubic Yard U.S.Dollar 79.00 1,042.80 UREBAR REBAR INSTALLED PER CY 12.00 Cubic Yard U.S.Dollar 120.00 1,440.00 LZC4 Conon*Foreman 1.00 Each U.S.Dollar 56.89 1,365.39 4.3 1.00 LS Instal 316 ss guide angles 2.00 0.50 Detail U.S.Dollar 3,505.45 3,505.45 I Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost Estimate Srmanary MGC CONTRACTORS,INC. Dab Code:15622-D DesedptloniGlendale Thunderbird Reservoir Refining GMP From Cost Rem: 1 To Coat Item: 0.6 ;4t '" ` T �,.l Coagltamvd .mwrrt-gid-- �. y - 1 ' i I MECHACCS MECHACCS 300,00 Lump Sum U.S.Dollar 1.00 300.00 LZP4 Pipe Foreman 1.00 Each U.S.Dollar 53.64 858.23 4.4 1,130.00 LF Insist discharge supports and pipe 12.00 94.17 Detail U.S.Dollar 17.55 19,832.68 Resource Code Description Hours Qum*UN Currency Unit Cost Total Cost MECHACCS MECH ACCS 600.00 Lump Strm U.S,Dollar 1.00 600.00 LZP4 Pipe Foreman 1.00 Each U.S.Dollar 53.64 5,149.36 Notes: there are 152 supports for tla3 8"pvc pipe.assume the crew can Install 20 per day.or 8 days.plpe would follow at 100 If May 5 1.00 LS ROOF PANEL ALLOWNACE 0.00 0.00 Det U S.Dollar 20,000.00 20,000.00 5.1 1.00 LS Buyout 0.00 0.00 Detail U.S.Dollar 20,000,00 20,000.00 Resource Code Description Hours Quantity Ute Currency Unit Cost Total Cost UROOF Roofing Subcontractor 20,000.00 LS U.S.Dollar 1.00 20,000.00 6 1.00 LS GENERAL ALLOWANCE 0.00 0.00 Detail U.S.Dollar 65,000.00 65,000.00 6.1 1.00 LS Contingency 0.00 0.00 Detail U.S.Dollar 65,000.00 65,000.00 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost SALLOW Allowance 65,000.00 LS U.S.Dollar 1.00 65,0000 0. 7 1.00 LS ENGINEERING ALLOWANCE 0.00 0.00 Detail U.S.Dollar 106,412.00 106,412.001 7.1 1.00 LS Allowance 0.00 0.00 Detail U.S.Dollar 108,412.00 106,412.001 Resource Code Description Hours QuerrtltyUM Currency Resource Total Coat SALLOW Allowance 106,41200 LS U.S.Dollar 1.00 106,412.00 I B 1.00 LS RECIRCULATION PUMP ALLOWANCE 6.00 0.1T DSI U.S.Dollar 58116.34 58,116.34 I 8.1 1.00 LS Buyout 0,00 0.00 Detail U.S.Dollar 48,000.00 48,000.00 Resource Code Description Hs Quantity UM Currency Unit Cost Total Coat HMS MDIP DIP BUY 15,000.00 Lump Sum U.S.Dollar 1.00 15,000 00 MFUMPS Purchase Pumps 13,000.00 LS U.S,Dollar 1.00 13,000.00 UELECT ELECT SUB 20,000.00 Lump Sum U.S.Dolly 1.00 20,000.00 8.2 1.00 IS Install pumps and risers to discharge 6.00 0.17 Detail U.S.Dollar 10,116.34 10,116.34 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost MECHACCS MECH ACCS 500.00 Lump Sum U.S.Dollar 1.00 500:00 LZP4 Pipe Foreman 1.00 Each U.S.Dolly 5384 2,574.68 9 1.00 LS CHLORINATION SYSTEM ALLOWANCE 7.50 0.13 Detail U.S.Dollar 36,897.16 36,897.161 9.1 1.00 LS Buyout 0.00 0.00 Detail U.S Dollar 22,000.00 22,000.001 Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost MCHLSYS Chlorine System 10,000.00 LS U.S.Dollar 1.00 10,000.00 MFRPENCLO FRP Enclosure 12,000.00 LS U.S.Dollar 1.00 12,000.00 9.2 1.00 LS Sob for enclosure 2.50 0.40 Dalen U.S.Dollar 5,029.11 5,029.11 Resource Code Description Hours Quantity UN Currency Unit Cost Total Cost M4CONC 4000000NC 4.40 Cubic Yard U.S.Dollar 79.00 347.60 MFMACCS FORM ACCS 200.00 Lump Sum U.S.Dollar 1.00 200.00 UREBAR REBAR INSTALLED PER CY 4.00 Cubic Yard U.S.Dollar 12900 480.00 9.3 1.00 LS Install Chlorine System 5.00 0.20 Detail U.S.Dollar 9,868.05 9,868.05 _.,® Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost MDIP DIP BUY 3000.00 Lump Sum U.S.Dollar 1.00 3,000.00 MPIPACCS PIPE ACCS 1,000.00 Lump Sum U.S.Dollar 1.00 1,000.00 Estimate Summary MGC CONTRACTORS,INC. dob Code:15622-D Desatption.tlendale Thunderbird Reservoir Relining GMP From Cost Or1 _ To Coat Item: 0.6 g it?oe .Coded M --J,,,,,, _,_: 2 r -lJ " ._1 10 1.00 LS APS SERVICE ALLOWANCE 0.00 0.00 Detail U.S Dollar 100000.00 100,0 .00 10.1 1.00 LS Allowance 0.00 0.00 Detail U.S.Dollar 100.000.00 100,000.001 Resource Code Description Hours QuantityUM CurrencyUsk Cost Total Cost SALLOW Allowance100,000.00 LS U.S.Dollar 1.00 100,000.00 0.2 1.00 Lump Sum Prime Bond 0.00 0.00 Detail U.S.Dollar 12,381.62 0.3 1.00 Lump Sum General Expense 0.00 0.00 Detail U.S.Dollar 58,680.00 OA 1.00 Lump Sum Safety 0.00 0.00 Detail U.S.Duller 4,076.61 10.5 1.00 Lump Sum Sales Tax 0.00 0.00 Detail U.S.Dollar 82,086.70 0.8 1.00 Lump Sum Sales Tax Deduct 0.00 0.00 Detail U.S.Dollar (26,167.09)I Resource Code Description Hours Quantity UM Currency Unit Cost Total Cost SGLENST Glendale ST Ded .463,754.00 Lump Sum U.S.Dollar 0.06 (26,167.09) Category Total Labor 179,76345 Owned Equipment 64,324.50 Rented Equipment 13,770.80 Allowances Materials 166,358.40 Subcontract542,170.00 Bond 94,468.32 General Conditions 12M80.00 Overhead and Profit 135,431.62 Total 1,454,412 9/8/2015 2:15 PM Copyright01989.2014 Had Dollar Corp.All Rights Reserved. 1 of 1 Ac9 11 CERTIFICATE OF LIABILITY INSURANCE DATE"M/DD"'"Y) �./ 12/15/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER -C1N Lovitt Touche'Inc-:Phoenix NAME:NE Elaine Leaman P.O. BOX 64985 Fut).602-956-2250 (a/C.Not:602-956-2258 Phoenix AZ 85082 AROMAS!eleaman@lovitt-touche.com INSURER(S)AFFORDING COVERAGE MAIC Y INSURER A:Amerisure Insurance Company 19488 BRED MGCCO-1 INSURER B:Amerisure Partners Insurance Compan MGC Contractors,Inc. INSURER C:Atlantic Specialty Insurance Compan P.O.Box 61748 Phoenix AZ 65082 INSURER D:Amerisure Mutual Insurance 23396 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:199100928 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A.'. SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMMIDDIYYYYI IMNVD• LIMITS A x COMMERCIAL GENERAL LIABILITY Y Y CPP2072201040 12/31/2014 12/31/2015 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea(=Offence) $1,000,000 X $5.000 PD Ded MED EXP(My one person) 110,000 PERSONALS ADV INJURY $1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY I hATINF I I PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y "COMBINED SINGLE LIMIT CA2072200040 12/31/2014 12/31/2015 (Eaaaddant) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ /neTQ ED Aum LED BODILY INJURY(Per=Wen)) I _ HIREDuAUTOS NON ED PROPERTY DAMAGE _AUTOS (Per accident X Comp-$1,000 X Coll-$1,000 $ D X UMBRELLA UAB X OCCUR Y Y CU2072202 12/31/2014 12/31/2015 EACH OCCURRENCE $9,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $9,000,000 DED X RETENTION$0 $ g WORKERS COMPENSATION V WC2073813 12/31/2014 12/31/2015 X I PSTATUER TE W- AND 1ORI- AND EMPLOYERS'LIABaLIABILITY Y/NANY OFFICER/MEMBER EXCLUDED?ER/EXECUTNE N I A E.L EACH ACCIDENT $1,000,000 (Mandatory In NH) EL DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $1,000,000 C Contractors Equipment Y 7900089950004 12/31/2014 12/31/2015 Leased/Rented $500,000 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached a more spies b required) Certificate Holder and owner(if applicable)are additional insureds as respects general liability,automobile liability and excess liability if required in a written contract,subject to all the policy terms,conditions,definitions and exclusions. A Waiver of Subrogation in favor of the certificate holder and owner(if applicable)applies to the general liability,automobile liability,excess liability and workers'compensation if required in a written contract.The general liability,automobile and excess liability insurance is primary and certificate holder's insurance is non-contributory if required by written contract.Certificate holder is loss payee with respect to leased/rented equipment or leased/rented automobiles.Auto Physical Damage limit is ACV of unit rented.(CG7048 09/13, CG7049 11/09,CA7165 09/11,CA711511/09,CA7118 See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,City of Peoria ACCORDANCE WITH THE POLICY PROVISIONS BE DELIVERED IN 9875 North 85th Avenue,2nd Floor Peoria AZ 85345 AUTHORIZED REPRESENTATIVE 7,7---A..~rvrivr . 1-.70004 I _ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD