Active SLED Opportunity · ARIZONA · CITY OF EL MIRAGE
AI Summary
City of El Mirage seeks bids for installation of a speed cushion, signage, and striping on El Mirage Road between Well Street and End Street to enhance traffic calming and safety. The project includes asphalt milling, signage installation, and traffic control, with a 60-day completion timeline.
This project includes the installation of one speed cushion as well as associated signage and striping on El Mirage Road between Well Street and End Street. Additional signage installation will also be required in the area.
In accordance with the City of El Mirage Procurement Code, competitive sealed Bids for the services specified herein will be received by the City Clerk at the City Clerk’s Office at the above-referenced location until the date and time referenced above (the “Bid Deadline”). Bids received by the Bid Deadline shall be publicly opened and the Bid Price read. Bids shall be in the actual possession of the City Clerk on, or prior to, the Bid Deadline date. Late bids shall not be considered except as provided in the City Purchasing Code. Bids shall only be submitted electronically via opengov.com.
* The City of El Mirage reserves the right to amend the solicitation schedule as necessary.
DEFINITIONS - The terms, as used in or pertaining to the contract, are defined as follows:
Bidder - is defined as the person, firm or corporation with whom the contract is made by the City.
City - is defined as the City of El Mirage
Contract - The word “Contract” will include the Notice of Invitation to Bid, Instructions to Bidder, Bid, Bid Bond, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Change Order, Certificate of Insurance & Schedule A, Certificate of Completion, Contractor’s Affidavit Regarding Settlement of Claims, Standard Terms & Conditions, General Terms & Conditions, Special Terms & Conditions, Special Provisions, Bid Schedule, Appendices, Plans and Addenda thereto.
Contract Amendment - is defined as a written document signed by the Procurement Administrator that is issued for the purpose of making changes in the Contract.
Contractor - or Vendor, is defined as the Offeror who was awarded the Contract with the City.
Day - is defined as calendar days unless otherwise specified.
Exhibit - is defined as any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation.
Goods - are defined as consumable items, commodities, materials, or assets received by the City in the execution of a contract.
Offer - is defined as the bid, proposal, or qualifications submitted in response to this Solicitation that may be awarded in the Contract.
Offeror - is defined as the individual or legal entity that submitted the Offer to this Solicitation.
Engineer - is defined as the person, firm or corporation duly authorized by the City to act as agent in providing professional services including studies, planning, engineering design and construction administration services, inspecting materials and construction, and interpreting plans and specifications.
Materials - The word “Materials” will include, in addition to materials incorporated in the project, equipment and other material used and/or consumed in the performance of the work.
Procurement Administrator - is defined as the person, or his or her designee, duly authorized by the City to enter into and administer Contracts and make written determinations with respect to the Contract.
Services - are defined as furnishing of labor, time and effort by a contractor or subcontractor which does not involve the delivery of a specific end product other than required reports and performance, but does not include employment agreements or collective bargaining agreements.
Solicitation - is defined as this Invitation to Bid (ITB) by which the City invites qualified contractors or suppliers to submit a bid for a specific construction project.
Subcontract - is defined as any contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any material or any service required for the performance of the Contract.
Subcontractor - The word “Subcontractor” is defined as those persons or groups of persons having a direct contract with the contractor and those who furnish material worked to a special design according to the plans and/or specifications for this work and includes those who merely furnish materials not so worked.
Work- The word “Work” shall include all labor necessary to accomplish the construction required by the Contract and all materials and equipment incorporated or to be incorporated in said construction.
By signature in the Offer section of the Offer and Contract Award page the Bidder certifies:
a.) The submission of the offer did not involve collusion or other anti-competitive practices.
b.) The Contractor shall not discriminate against any employee or applicant for employment.
c.) The 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.
This Solicitation as well as any resultant contract is issued under the authority of the City. No alteration of any resultant contract may be made without the express written approval of the City Materials Manager in the form of an official contract amendment. Any attempt to alter any contract without such approval is a violation of the contract and the City Procurement Code. Any such action is subject to the legal and contractual remedies available to the City inclusive of, but not limited to, contract cancellation, suspension and/or debarment of the contractor.
a.) The “Uniform Standard Specifications for Public Works Construction” and the “Uniform Standard Details for Public Works Construction”, latest editions, which are sponsored and distributed by the Maricopa Association of Governments (MAG), and which are hereinafter referred to as the “MAG Specifications,” are hereby adopted as part of these contract documents.
b.) If any contradiction exists between “MAG Specifications” and this solicitation document, the solicitation language shall prevail.
The Bidder shall not by any means:
a.) 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;
b.) Confer on any governmental, public or quasi-public official having any authority or influence over the Project, any payment, loan subscription, advance, deposit of money, services or anything of value, present or promised;
c.) Offer nor accept any bribes or kick-backs in connection with the Project from or to any individual or entity, including any of its trade contractors, subcontractors, consultants, suppliers or manufacturers of Project goods and materials; or,
d.) Without the express written permission of the Owner, call for or by exclusion require or recommend the use of any subcontractor, consultant, product, material, equipment, system, process or procedure in which the General Contractor has a direct or indirect proprietary or other pecuniary interest.
The Contractor shall keep himself/herself fully informed of all existing and future City and County ordinances and regulations and state and federal laws and Occupational Safety and Health Standards (OSHA) in any manner affecting the work herein specified. He/She shall at all times observe and protect and indemnify the City of El Mirage, Arizona, and its officers and agents against any claim or liability arising from or based on the violation of any such ordinances, regulations or laws. It is the responsibility of the Contractor to obtain any and all information regarding the laws and regulations, which may be referenced in the Specifications.
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 El Mirage including but not limited to federal and state executive orders providing for equal employment and procurement opportunities, the Federal Occupational Safety and Health Act and any other federal or state laws applicable to this agreement.
This contract shall be governed by the City. City and Contractor shall have all remedies afforded each by the Uniform Commercial Code, as adopted in the State of Arizona, except as otherwise provided in this contract or in statutes pertaining specifically to the City. This contract shall be governed by the laws of the State of Arizona. Any lawsuit pertaining to this contract may be brought only in 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 departments or agencies if any person 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.
In order to allow for an adequate evaluation, the City requires an offer in response to this Solicitation to be valid and irrevocable for sixty (60) days after the opening time and date.
If any person contemplating submitting a bid for the proposed Contract is in doubt as to the true meaning of any part of the Plans, Specifications or other proposed Contract Documents, or finds discrepancies in, or omissions from the Drawings or Specifications, he/she may, up to the final date for inquiries shown on the cover sheet of this document, submit their question through OpenGov.com as a written request for an interpretation or correction. Any interpretations or corrections of the proposed documents will be made only by response in a separate Addendum duly issued and a copy of each such will be including on Opengov.com. The City of El Mirage will not be responsible for any other explanations or interpretations of the proposed documents.
All claims and controversies shall be subject to resolution according to the terms of the City of El Mirage Procurement Code. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Contract, or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury or arbitration board, which shall be deemed to have accrued on the commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment or by arbitration award.
The contract between the City and the Bidder 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 Bidder 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 City reserves the right to clarify, in writing, any contractual terms with the concurrence of the Bidder, 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.
It is expressly understood and agreed by the parties hereto that the quantities of the various classes of work to be done and the material to be furnished under this Contract, which have been estimated as stated in the Bids, are only approximate and are to be used solely for the purpose of comparing, on a consistent basis, the bids offered for the work under this Contract. The Contractor further agrees that the City of El Mirage will not be held responsible if any of the quantities shall be found incorrect; and the Contractor will not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission, or misstatement is found to occur in the estimated quantities, the same shall not invalidate this Contract or the whole or any part of the work in accordance with the Specifications and Plans herein mentioned, and for the prices herein agreed upon and fixed therefore, or excuse him/her from any of the obligations or liabilities hereunder, or entitle him/her to any damage or compensation except as may be provided in this contract.
Each Bidder must inform himself/herself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve the Contractor of his/her obligation to furnish all material and labor necessary to carry out the provisions of this Contract. Insofar as possible the Contractor, in carrying out his/her work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor.
This project does not include federal funding and Davis Bacon wage rates are not required for this work.
The Contractor shall commence work under this project on or before the fifth (5) day following the project start date indicated on the “Notice to Proceed” issued by the City of El Mirage and shall fully complete all work under the project within 60 calendar days. The Contractor shall, at all times, during the continuance of the Contract, prosecute the work with such force and equipment as is sufficient to complete all work within the time specified.
This contract may be modified only by a written Contract Amendment signed by persons duly authorized to enter into contracts on behalf of the City and the Bidder.
It is the policy of the City of El Mirage that suppliers of goods or services to the City adhere to a policy of non-discrimination, equal access, equal employment opportunity and demonstrate an affirmative effort to recruit, hire, and promote regardless of race, color, religion, gender, national origin, age, disability, political affiliation or belief.
Payments will be made on the basis of itemized statements provided by the Contractor in accordance with these Specifications. One copy of an itemized statement should be submitted to the Project Manager or his/her authorized representative. After verification, payments will be processed by the Finance Department. Payments will be mailed by the Finance Department. The City will make a partial payment to the Contractor on the basis of an estimate prepared by the Contractor, and approved by the City Engineer, for work completed through the last day of preceding pay period. The City will retain ten percent (10%) of each such estimate until acceptance of the project. When required by the City Engineer or his/her authorized representative for the purposes of determining the equitableness of the Contractor’s payment request, the Contractor shall furnish evidence satisfactory to the City Engineer or his/her authorized representative, of the sums paid by the Contractor for materials, supplies and other items of expense (i.e., lien releases).
The Bidder 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 Bidder and the City are not applicable to this Solicitation or any resultant contract.
Each and every provision of law and any clause required by law to be in the contract will be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the contract will forthwith be physically amended to make such insertion or correction.
All loss or damage arising out of the nature of the work to be done or from the action of the elements or from any unforeseen circumstances in the prosecution of the same, or from any unusual obstructions or difficulties which may be encountered in and/or during the prosecution of the work, or from any casualty whatsoever of every description, shall be sustained and borne by the Bidder at his/her own cost and expense.
The City will not provide any hard copies of plans, specifications or other project documents to the successful bidder. Electronic copies may be requested.
This project consists of the installation of one speed cushion on El Mirage Road between Well Street and End Street. Signage and striping improvements will also be required. The objective is to reduce speeding and enhance safety by ensuring all traffic control measures are constructed properly, clearly visible and conform to specified standards. The contractor will be responsible for furnishing all labor, materials, and equipment necessary to complete the work as detailed below. All work must be performed in accordance with the standards set by the City of El Mirage (COEM) and the Arizona Department of Transportation (ADOT).
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.
Only skilled foremen and workmen shall be employed on work requiring special qualifications.
When required by the City Engineer, the Contractor shall discharge any person who is, in the opinion of the Engineer, disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable. The Contractor shall keep the City harmless from damages or claims for compensation that may occur in the enforcement of this section.
The Contractor shall be responsible for assuring the legal working status of its employees and its subcontractor’s employees.
The City is only accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic proposal.
The materials, products, and equipment described in the Documents and Addenda establish a standard or required function, dimension, appearance, and quality to be met by any proposed substitution. No substitute will be considered unless written request for approval has been received and approved by the City or its representative by 4:30 pm on Wednesday, May 6, 2026. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including any drawings, cuts, performance, and test data and any other information necessary for evaluation of the substitute. If a substitute is approved, the approval shall be acknowledged in writing. Bidder shall not consider approvals made in any other manner.
The methods, equipment and appliances used on the work shall be such as will produce a satisfactory quality of work, and shall be adequate to complete the contract within the time limit specified.
Except as is otherwise specified, the Contractor’s procedure and methods of construction may, in general, be of his/her own choosing, provided they follow best general practice and are calculated to secure results which will satisfy the requirements of the specifications and the supervision of the work.
The work covered by this Contract shall be carefully laid out in advance and performed in a manner to minimize interference with normal operation and utilization of the roads. The Contractor shall exercise caution during the course of this construction work to avoid damage to all known existing or possible unknown existing underground utilities. He/She shall conduct his/her construction operations in such a manner as to avoid injury to his/her personnel and to avoid damage to all utilities. Any damage done will be repaired without delay and at the expense of the Contractor.
This document includes the following:
It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venture, 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 Bidder is advised that taxes or Social Security payments will not be withheld from any City payments issued hereunder and that the Bidder should make arrangements to directly pay such expenses, if any.
The Contractor shall install one (1) speed cushion as proposed on the attached plan set. The work shall include:
When the specifications for materials, articles, products, and equipment state “or equal”, Contractor may bid upon, and use materials, articles, products, and equipment which will perform equally the duties imposed by the general design. The City Engineering Division will have the final approval of all materials, articles, products, and equipment proposed to be used as an “equal.” It shall not be purchased or installed without prior written approval from the City or its representative.
Approvals for “equals,” may be requested in writing to the City Engineering Division or its representative for approval. Requests must be received at least five (5) business days prior to the Deadline for Questions shown on the cover sheet of this document. The request shall state the name of the material, article, product, or equipment for which the item is sought to be considered an equal and provide a complete description of the proposed equal including any drawings, cuts, performance specifications, test data and any other information necessary for approval of the equal. If an "equal" is approved, the approval shall be acknowledged in writing. Bidder shall not consider approvals made in any other manner.
This contract represents the entire agreement of the Parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this contract are hereby revoked and superseded by this contract. No representations, warranties, inducements or oral agreements have been made by any of the Parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this contact. This contract may not be changed, modified or rescinded except as provided for herein, absent a written agreement signed by both Parties. Any attempt at oral modification of this contract shall be void and of no effect.
Within 30 days of the issuance of the Notice of Award, the Contractor is required to attend a Pre-construction Conference. The city will contact the Contractor to schedule a specific date, time and location for the Pre-construction conference. The purpose of the meeting is to outline specific construction items and procedures and to address items which require special attention on the part of the Contractor. The Contractor may also present proposed variations in procedures which the Contractor believes may improve constructability of the project, reduce cost, or will reduce inconvenience to the public. Any necessary coordination and procedures for Construction inspection and staking will be addressed during the Pre-construction Conference. The Contractor will be required to provide the following information at the Pre-construction Conference:
a. Names and emergency telephone numbers of key personnel involved in the project.
b. Names and telephone numbers of all subcontractors proposed for use on the project.
c. A construction progress schedule showing the estimated time for start and completion of the major items of work.
d. A payment schedule showing the estimated dollar volume of work for each calendar month during the life of the project.
e. A written proposal outlining the intended plans for maintaining continuous access to residences and businesses along the construction site, and traffic control.
f. An itemized list of all required shop drawings, material and equipment submittals and a schedule indicating the dates each of these items will be transmitted to the City for review.
Each of the above items is subject to the review and approval by the City.
The Contractor shall obtain a no fee engineering permit from the City of El Mirage. The Contractor will be responsible for any required Maricopa County (i.e., dust control, etc.) or other agency permits (i.e., Notice of Intent, etc.).
a. All bids shall be submitted electronically via opengov.com on the forms provided in this Invitation to Bid package. Emailed, Telegraphic (facsimile), electronic or mailgram bids will not be considered. The following forms will be required with the Bid Submittal:
1. Bid Schedules - Section 8
2. Questionnaire - Section 7
3. Bid Bond - Section 7
4. List of Subcontractors - Section 7
Failure to provide any of the above items with the Bid Submittal may be grounds for disqualification.
b. If price is a consideration and in case of error in the extension of prices in the bid, the unit price shall govern. No bid shall be altered, amended, or withdrawn after the specified bid due date and time.
c. Periods of time, stated as a number of days, shall be calendar days.
d. Bid due date and time are stated as local Arizona time.
e. It is the responsibility of all Offerors to examine the entire Invitation to Bid package and seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a bid. Negligence in preparing a Bid confers no right of withdrawal after bid due date and time.
f. The following documents are due within ten (10) days after the Notice of Award:
1. Performance Bond - Attachment B
2. Payment Bond - Attachment C
g. The following documents are due after completion of the project and before final payment:
1. Consent of Surety - Attachment D
2. Affidavit for Settlement of Claims - Attachment E
a. General
1. The Contractor acknowledges that all services provided under this Agreement are being provided by him/her as an independent contractor, not as an employee or agent of the City of El Mirage.
2. Both parties agree that this Agreement is nonexclusive and that Contractor is not prohibited from entering into other contracts nor prohibited from practicing his/her profession elsewhere.
b. Liability
1. The City of El Mirage shall not be liable for any acts of Contractor outside the scope of authority granted under this Agreement or as the result of Contractor’s acts, errors, misconduct, negligence, omissions and intentional acts.
2. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Contract. Contractor’s duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Contract including any employee of the Contractor or any tier of subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Contractor may be legally liable.
The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph.
c. Other Benefits
The Contractor is an independent contractor; therefore, the City will not provide the Contractor with health insurance, life insurance, workmen’s compensation, sick leave, vacation leave, or any other fringe benefits. Further, Contractor acknowledges that he/she is exempt from coverage of the Comprehensive Benefit and Retirement Act (COBRA). Any such fringe benefits shall be the sole responsibility of Contractor.
Any question related to this Invitation to Bid shall be submitted via the City's eProcurement Portal Q&A feature. The Offeror shall not contact or ask questions of the department for which the requirement is being procured. Questions may not be submitted after 4:30 pm on Wednesday, May 6, 2026.
No right or interest in this contract nor delegation of any duty of Bidder shall be made without prior written permission of the City.
Within 45 days of the issuance of the Notice of Award, the City may issue a written Notice to Proceed. 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 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 El Mirage’s project manager or engineer at least seventy-two (72) hours before the following events:
a. The start of construction in order to arrange for inspection;
b. Shutdown of City water, sewer, drainage, irrigation and traffic control facility.
c. 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;
d. The coordination of all draining and filling of water lines, irrigation laterals and all operations of existing valves or gages with the project manager;
e. The start-up or testing of any water well or booster pump to be connected to any part of the existing City water system. This includes operation of existing valves necessary to accommodate the water.
A Prospective Offeror Conference will not be held.
The contractor shall supply and install all the signs, including posts, foundations, and anchors, as per City Details EM-132-1 & EM-132-2. Sizes of the signs shall adhere to the plans. Submittals shall be provided to the City for review and approval. Sign foundations that are removed from a sidewalk shall be patched back. Removed signs shall be salvaged to City staff. Any sign posts or foundations to be removed shall be discarded by the contractor.
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 El Mirage City Engineer for interpretation.
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 through the work area in an effective manner and that motorists, pedestrians, bicyclists and workers are protected from hazard and accidents.
a. The following shall be considered major streets: All major Parkway, mile (section line), arterial and collector (mid-section line and quarter section line) streets so classified by the City of El Mirage.
b. 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.
c. 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 all closures and along detour routes.
d. 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.
e. 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.
f. When construction activities or traffic hazards at the construction site require the use of flagmen, it shall be the Contractor’s responsibility to provide adequate personnel including flagmen to direct traffic safely.
g. Manual traffic control shall be in conformity with the Traffic Barricade Manual, except the liaison officer shall be contacted at the El Mirage Police Department at telephone number (623) 933-1341.
h. 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 El Mirage Police Department at telephone number (623) 933-1341.
i. The assembly and turnarounds of the Contractor’s equipment shall be accomplished using adjacent local streets when possible.
j. Equipment used and/or directed by the Contractor shall travel with traffic at all times. Supply trucks shall travel with traffic except when being spotted. Provide a flagman or officer to assist with this operation.
k. During construction, it may be necessary to alter traffic control. Alterations shall be in accordance with the Traffic Barricade Manual.
l. 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 El Mirage at least two weeks prior to the scheduled closure. The Contractor must allow for the notification of the public at least six (6) working days in advance of such closing with VMS signs explaining the closure at all approaches to the project area. Partial closure of streets within the project shall be done in strict conformity with written directions to be obtained from the City Engineer.
m. 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.
n. The Contractor shall address how local access to adjacent properties will be handled in accordance with the specification herein.
o. 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/her authorized representative. If plates cannot be used, crossings shall be back-filled or the Contractor shall provide a detour.
It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Contractor must agree to assign specific individuals to the key positions.
a. The Contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the City.
b. If key personnel are not available for work under this contract for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications.
The Bidder 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 Bidder that the obligations of the Bidder’s subcontractor(s) and supplier(s), if any, inure to the benefit of the Owner and the Bidder, and that the Owner be a third-party beneficiary of the Bidder’s agreements with its subcontractor(s) and supplier(s).
a.) The Bidder 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).
b.) The Bidder 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 Bidder’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 the Owner, the Bidder’s subcontractor(s) and supplier(s) will perform services for the Owner.
c.) The Bidder shall include in its agreements with its subcontractor(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 Bidder, and that it will abide by those terms, conditions and requirements.
Liquidated Damages shall be assessed for each calendar day of delay. Liquidated damages shall be per MAG Specifications, Section 108.9.
a. If the contract is not terminated, the contractor shall continue performance and be liable to the City for the liquidated damages until the products are delivered or services performed.
b. In the event the City exercises its right of termination, the contractor shall be liable to the City for any excess costs, and in addition, for liquidated damages until such time the City may reasonably obtain delivery or performance of similar supplies or services.
The contractor shall install temporary striping/markings on any new asphalt. Thermoplastic striping/markings shall be installed 30 days after the temporary striping is installed per City Signing and Striping Notes 6 and 7.
Late Bids will not be considered, except as provided by the City of El Mirage Procurement Code. A Bidder submitting a late bid shall be so notified.
Outdoor construction is restricted as listed below :
All Construction Work - Monday through Friday
May 1 to October 15: 5:00 a.m. to 7:00 p.m.
October 15 to April 30: 7:00 a.m. to 7:00 p.m.
All Construction Work - Saturday*
May 1 to October 15: 6:00 a.m. to 7:00 p.m.
October 15 to April 30: 7:00 a.m. to 7:00 p.m.
All Construction Work - Sunday*
May 1 to October 15: 8:00 a.m. to 7:00 p.m.
October 15 to April 30: 8:00 a.m. to 7:00 p.m.
The above hours must be adhered to under all circumstances unless prior authorization is obtained in writing by the City of El Mirage City Engineer or their designee.
*Any weekend and night work will require written approval by the City.
No provision in this document or in the vendor’s offer shall be construed, expressly or by implication, as waiver by the City of any existing or future right and/or remedy available by law in the event of any claim of default or breach of contract. The failure of the City to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the City’s acceptance of and payment for materials or services, shall not release the Bidder from any responsibilities or obligations imposed by this contract or by law, and shall not be deemed a waiver of any right of the City to insist upon the strict performance of the Contract.
To the fullest extent permitted by law, the Bidder shall defend, indemnify and hold harmless the City, any jurisdiction or agency issuing any permits for any work arising out of this Contract, and their respective agents, representatives, officers, directors, officials and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses and expenses (including but not limited to attorney fees, court costs, and the costs of claim processing, investigation, litigation, and appellate proceedings), relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Bidder, its employees, agents, or any tier of subcontractors in the performance of this Contract. Bidder’s duty to defend, hold harmless and indemnify the City, any jurisdiction or agency issuing any permits for any work arising out of this Contract, and their respective agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury or personal injury, sickness, disease, death, or injury to, impairment, or destruction of tangible or intangible property including loss of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Contract including any employee of the Bidder or any tier of subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Bidder may be legally liable. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of the Bidder or any of its subcontractors to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the Bidder from and against any and all claims. It is agreed that the Bidder will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. 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
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 of El Mirage. 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 moved or destroyed during construction at no expense to the Owner. Contractor and his/her sureties shall be liable for correct replacement of disturbed survey benchmarks except where the Owner elects to replace survey benchmarks using his/her own forces.
Each offer shall provide a one-year warranty/guarantee against defects in materials, faulty workmanship and/or performance for all items required of the specifications.
At any time prior to the specified bid due date and time, a Vendor (or designated representative) may withdraw the bid.
All materials and installation procedures must comply with the latest standards from the City of El Mirage (COEM) and the Arizona Department of Transportation (ADOT).
The contractor is responsible for traffic control during construction activities to ensure the safety of workers and the public.
The contractor shall be responsible for the disposal of all removed materials.
Receipt of a Solicitation Amendment shall be acknowledged by signing and returning the document with the offer at the specified bid due date and time.
The Contractor shall properly guard and protect all finished or partially finished work, and shall be responsible for the same until the entire contract is completed and accepted by the City Engineer. The Contractor shall turn over the entire work in full accordance with these Specifications before final settlement shall be made.
The Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. Rating of “A-“. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies who are authorized to do business in the State of Arizona, provided that said insurance companies meet approval of the City. The form of any insurance policies and forms must be acceptable to the City.
All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted; failure to do so may, at the sole direction of the City, constitute a material breach of this Contract.
The Contractor’s insurance shall be primary insurance, and any insurance or self-insurance maintained by the City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the policies or any breach of an insurance policy warranty shall not affect coverage afforded under the policy to protect the City.
The insurance policies, except Workers’ Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against the City, its agents, representatives, directors, officers, and employees for any claims arising out of the Contractor’s work or service.
The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the City under such policies. The Contractor shall be solely responsible for deductible and/or self-insured retention and the City, at its option, may require the Contractor to secure the payment of such deductible or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
The City reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. The City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of the City’s right to insist on, strict fulfillment of Contractor’s obligations under this Contract.
The insurance policies, except Workers’ Compensation, required by this Contract shall name the City, its agents, representatives, officers, directors, officials and employees as Additional Insureds.
The City maintains that, in practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the City any and all claims for such overcharges as to the goods and services used to fulfill the Contract.
Except for payment for sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented by reason of Force Majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God: acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods; lockouts, injunctions-intervention-acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with this Contract.
Force majeure shall not include the following occurrences:
a.) Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or elsewhere, an oversold condition of the market, inefficiencies, or similar occurrences.
b.) Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this Force Majeure term and Condition.
Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. If either party is delayed at any time in the progress of the work by force majeure, then the delayed party shall notify the other party in writing of such delay within 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.
a. The Contractor may, if approved by the City Engineer, place or stockpile materials in the public right-of-way provided they do not prevent access to adjacent properties or prevent compliance with traffic regulations.
b. Traffic shall not be required to travel over stockpiled materials, and proper dust control shall be maintained.
After the award of a contract, the successful Bidder shall complete a Vendor Registration Application and submit it to the City of El Mirage Finance Department.
a. General Liability
Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products and Completed Operations Aggregate and $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products/completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Contract, which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 000211093 or any replacement thereof. The coverage shall not exclude X, C, U.
Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.’s, Additional Insured, Form B, CG20101185, and shall include coverage for Contractor’s operations and products and completed operations.
Any Contractor subletting any part of the work, services or operations awarded to the Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Contract, an Owner’s and Contractor’s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Work or Contractor’s operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Contractor’s Commercial General Liability insurance.
b. Automobile Liability
Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to the Contractor’s any owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work. Coverage will be at least as broad as coverage code 1, “any auto”, (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off-loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply.
c. Workers’ Compensation
The Contractor shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work; and, Employer’s Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit.
In case any work is subcontracted, the Contractor will require the Subcontractor to provide Workers’ Compensation and Employer’s Liability to at least the same extent as required of the Contractor.
Prior to commencing Services under this Contract, Contractor shall furnish the City with Certificates of Insurance (naming the City as additionally insured), or formal endorsements as required by the Contract, issued by Contractor’s insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Contract are in full force and effect.
In the event any insurance policy(ies) required by this contract is(are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of the Contractor’s work or services and as evidenced by annual Certificates of Insurance.
If a policy does expire during the life of the contract, a renewal certificate must be sent to the City fifteen (15) days prior to the expiration date.
All Certificates of Insurance required by this Contract shall be identified with a bid serial number and title. A $25.00 administrative fee shall be assessed for all Certificates received without the appropriate bid serial number and title.
Whenever one party to this contract in good faith has reason to question the other party’s intent to perform, he/she 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 party may treat this failure as an anticipatory repudiation of the Contract.
When excavations are made, resultant loose earth shall be utilized for filling by compacting in place or disposed of off the site. Excess or unsuitable material, broken asphaltic concrete and broken Portland cement concrete excavated from the right-of-way shall be removed from the project and disposed of by the Contractor. Disposal of material within the El Mirage City Limits or Planning Area must be approved by the City Engineer or his/her authorized representative.
Waste material shall not be placed on private property without express permission of the property owner.
The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his/her operations. At the completion of the work, he/she shall remove all equipment, tools and surplus materials, and shall completely clean the premises, removing and disposing of all debris and rubbish, and cleaning all stains, spots, marks, dirt, smears, etc. When work premises are turned over to the City, they shall be thoroughly clean and ready for immediate use.
Clean-up shall include removal of all excess pointing mortar materials within pipes and removal of oversized rocks and boulders left after finish grading. The Contractor shall provide for the legal disposal of all waste products debris, etc., and shall make necessary arrangements for such disposal.
a. Unless the Offeror states otherwise, or unless provided within this Invitation to Bid, the City reserves the right to award by individual line item, by group of line items, or as a total, whichever is determined by the City Manager to be most advantageous to the City.
b. The City of El Mirage reserves the right to award based on the bid that presents the City with the best overall value, which may or may not be the lowest bid. The City also reserves the right to adjust the scope of the project, in conjunction with the lowest responsible bidder, in order to keep the project within the available budget.
c. § 30.25 DETERMINATION OF LOWEST RESPONSIBLE BIDDER - Unless the Council or purchasing agent shall exercise the right of rejection as provided by § 30.24, the purchase or contract shall be made from and with the lowest responsible bidder for the entire purchase or contract or for any part thereof. In determining the lowest responsible bidder, the Council and City Manager shall consider:
1. The ability, capacity, and skill of the bidder to perform the contract or provide the service required;
2. Whether the bidder can perform the contract or provide the services promptly or within the specified time, without delay or interference;
3. The quality of performance of previous contracts;
4. The previous and existing compliance by the bidder with laws and ordinances of the City;
5. The financial resources and ability of the bidder to perform the contract; and
6. The quality, availability, and adaptability of the supplies or services.
d. Notwithstanding any other provision of this Invitation to Bid , the City expressly reserves the right to:
1. Waive any immaterial defect or informality; or
2. Reject any or all bids, or portions thereof; or
3. Reissue an Invitation to Bid.
e. A response to an Invitation to Bid is an offer to contract with the City based upon the terms, conditions and specifications contained in the City’s Invitation to Bid and the written amendments thereto, if any. Bids do not become contracts unless and until they are accepted and executed by the City Manager and the City Council. A contract is formed when written notice of award(s) is provided to the successful Offeror(s). The contract has its inception in the award document, eliminating a formal signing of a separate contract. For that reason, all of the terms and conditions of the procurement contract are contained in the Invitation to Bid; unless modified by an Amendment.
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 El Mirage 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 information from the Maricopa County Air Quality Department, 1001 North Central Avenue, Suite 125, Phoenix, Arizona, (602) 506-6010.
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 230 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.
The Contractor shall obtain a fire hydrant meter for construction and shall contact the El Mirage Customer Service Department at 623-933-1228 to start the process. Installation and removal of fire hydrant meters should be scheduled at least forty-eight (48) hours in advance through the Customer Service Department. Contractors shall not relocate hydrant meters themselves. A deposit and account activation fee is required for each meter. The cost of the water is at the prevailing rate.
The City may, at reasonable times and places, audit the books and records of any Bidder as related to any contract held with the City.
Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days prior written notice to the City. If the Contractor provides professional or semi-professional personal services under this agreement for which malpractice or professional liability coverage is available, such as medical, psychiatric, or legal services, Contractor shall carry minimum liability coverage of $2,000,000 each occurrence and provide the City with proof of coverage.
Non-revocable bid security payable to the City of El Mirage in the amount of 10% of the total bid price is required. This security shall be in the form of a bid bond, certified check or cashier’s check and must be in the possession of the City of El Mirage, Finance Department by the due date and time cited for this solicitation.
The City will hold all bid security during the evaluation process. As soon as is practicable after the completion of the evaluation, the City will:
a. Issue a contract award notice for those offers accepted by the City;
b. Return all checks to those who have not been issued a contract award notice.
All bid security from contractors who have been issued an award notice shall be held until the successful execution of all required contractual documents and bonds (performance bond, insurance, etc.). If the contractor fails to execute the required contractual documents and bonds within the time specified, or ten (10) days after notice of award if no period is specified, the contractor may be found to be in default and the contract terminated by the City. In case of default, the City reserves all rights inclusive of, but not limited to, the right to purchase material and/or to complete the required work in accordance with the City of El Mirage Procurement Code and to recover any actual excess costs from the contractor. Collection against the bid security shall be one of the measures available toward the recovery of any excess costs.
All bid bonds shall be executed on the Bid Bond form included in Section 6, duly executed by the Bidder as Principal and having as Surety thereon a Surety company approved by the owner and holding a Certificate of Authority to transact surety business in the State of Arizona, by the Arizona Department of Insurance. Individual sureties are unacceptable. All Insurers and Sureties shall have at the time of submission of the bid and A.M. Best’s Key Rating Guide of “A-” or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company, payable without condition to the Owner.
Bidder warrants that all material, service or construction delivered under this contract shall conform to the specifications of this contract and all work and services shall be performed in a good workmanlike manner. Unless otherwise stated in Bidder’s response, the City 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 City shall not alter or affect the obligations of the Bidder or the rights of the City under the foregoing warranties. Additional warranty requirements may be set forth in the solicitation.
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. 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.
All material and/or services are subject to inspection and acceptance by the City. Materials and/or services failing to conform to the specifications of this Contract will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. The City may elect to do any or all of the following:
This shall be accomplished by a written determination from the City.
Unless otherwise specified, the Contractor shall make his/her own arrangements for electric power, water and telephone. Subject to the convenience of the utility, he/she may be permitted to connect to existing facilities where available, but he/she shall meter and bear the cost of such power or water, and installation and disconnect of such power, water and telephone services.
The contractor shall be required to furnish non-revocable security binding the contractor to provide faithful performance of the contract in the amount of 100% of the total contract price payable to the City of El Mirage.
Performance security shall be in the form of a performance bond, certified check or cashier’s check. This security must be in the possession of the City of El Mirage, Finance Department within the time specified or ten (10) days after notice of award if no period is specified. If the contractor fails to execute the security document as required, the contractor may be found in default and the contract terminated by the City. In case of default the City reserves all rights.
All performance bonds shall be executed on the Performance Bond form included as Attachment D, duly executed by the Bidder as Principal and having as Surety thereon a Surety company approved by the owner and holding a Certificate of Authority to transact surety business in the State of Arizona, by the Arizona Department of Insurance. Individual sureties are unacceptable. All Insurers and Sureties shall have at the time of submission of the bid and A.M. Best’s Key Rating Guide of “A-” or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company, payable without condition to the Owner.
The contractor shall be required to furnish non-revocable security for the protection of all persons supplying labor and material to the contractor or any subcontractor for the performance of any work related to the contract. Payment security shall be in the amount of 100% of the total contract price and be payable to the City of El Mirage.
Payment security shall be in the form of a payment bond, certified check or cashier’s check.
All payment bonds shall be executed on the Payment Bond form included as Attachment E, duly executed by the Bidder as Principal and having as Surety thereon a Surety company approved by the owner and holding a Certificate of Authority to transact surety business in the State of Arizona, by the Arizona Department of Insurance. Individual sureties are unacceptable. All Insurers and Sureties shall have, at the time of submission of the bid, an A.M. Best’s Key Rating Guide of “A-” or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company, payable without condition to the Owner.
The utility company may maintain energized aerial electrical power lines in the immediate vicinity of this project. Do not consider these lines to be insulated. Construction personnel working in proximity to these lines are exposed to an extreme hazard from electrical shock. Contractors, their employees and all other construction personnel working on this project must be warned of the danger and instructed to take adequate protective measure, including maintaining a minimum ten (10) feet clearance between the lines and all construction equipment and personnel. (see: OSHA Std. 1926.550 (a) 15).
As an additional safety precaution, Contractors should also be instructed to call the utility company to arrange, if possible, to have these lines de-energized or relocated when the work reaches their immediate vicinity. The cost of such temporary arrangements shall be borne by the contractor. The utility company can often respond to such request if two (2) days advance notice is given, but some situations may require up to sixty (60) days lead time for relocation or other arrangements.
Electrical utility companies may maintain energized underground electrical power lines in the immediate vicinity of this project. These power lines represent an extreme hazard of electrical shock to any construction personnel or equipment coming in contact with them. Arizona law requires all parties planning excavations in public rights-of-way to contact all utility firms for locations of their underground facilities. Contractors, their employees, and all other personnel working near any underground power lines must be warned to take adequate protective measure. (see: OSHA Std. 1926-651).
The title and risk of loss of material and/or service shall not pass to the City until the City actually receives the material or service at the point of delivery, unless otherwise provided within this Contract.
Each bidder shall apply the appropriate Transaction Privilege Tax in accordance with the Department of Revenue rules and procedures.
Bidder shall deliver conforming materials in each installment and may not substitute nonconforming materials. Delivery of nonconforming materials or a default of any nature, at the option of the City, shall constitute a breach of the Contract as a whole.
Bidder is not authorized to ship materials under reservation and no tender of a bill of lading will operate as a tender of the materials.
The City, by written notice of default to the contractor, may terminate the whole or any part of this contract in any one of the following circumstances:
a. If the contractor fails to make delivery of the materials/supplies or to perform the services within elements of the project schedule or the time specified; or
b. If the contractor fails to perform any of the other provisions of this contract; and fails to remedy the situation within a period of ten (10) days after receipt of notice.
All materials, service or construction shall be free of all liens, and if the City requests, a formal release of all liens shall be delivered to the City.
Bidder shall have at the time of bid submittal, and shall maintain in current status, all Federal, State and Local licenses and permits required for the operation of the business conducted by the Bidder as applicable to this Contract. The conclusion of the issuing authority in each case is to be deemed conclusive for the purposes of complying with this provision. By submitting a bid for this public contract, you agree that, with respect to the contract, substantial compliance does not meet the minimum requirements of this or any provision hereof, or of any applicable law or other authority, and that strict compliance alone is adequate to meet those requirements, unless the City consents to such substantial compliance in writing at the time of bid submittal. The determination shall be made by the City.
All services, information, computer program elements, reports and other deliverables, which may be patented or copyrighted and created under this contract are the property of the City and shall not be used or released by the Bidder or any other person except with the prior written permission of the City.
All specifications shall seek to promote overall economy for the purposes intended and encourage competition and not be unduly restrictive in satisfying the City’s needs. No person preparing specifications shall receive any direct or indirect benefit from the utilization of specifications, other than fees paid for the preparation of specifications.
The City 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.
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.
Bidders shall not advertise or publish information concerning this Contract, without prior written consent of the City.
The City 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 Offer and Contract Award.
Any contract entered into by the City of El Mirage is subject to funding availability. Fiscal years for the City of El Mirage are July 1 to June 30. The City Council approves all budget requests. If a specific funding request is not approved, the contract shall be terminated.
A separate invoice shall be issued for each shipment of material or service performed, and no payment will be issued prior to receipt of material and/or services and correct invoice.
Material, equipment, apparatus or other products are specified by manufacturer, brand name, type of catalog number, such designation is to establish standards of desired quality and style and shall be the basis of the bid. Should the Contractor propose to furnish materials and equipment other than those specified, as permitted by the "or approved equal" clauses he/she shall submit a written request as an alternate with his/her bid for any or all substitutions. Such a request shall be accompanied by complete descriptive literature (manufacturer, brand name, catalog number, etc.) and technical data for all items and shall indicate any addition or deduction to the CONTRACT price. Where such substitutions alter the design or space requirements indicated on the plans the Contractor shall include all items of cost for the revised design and construction including cost of all allied trades involved. Acceptance or rejections of the proposed substitutions will be made on the basis of whether or not the specifications are met and the CITY's best interests are served as determined by the authorized representative and the CITY.
The Bidder shall submit a list of subcontractors and major material suppliers as part of the OFFER. The list needs to include any subcontractor or supplier whose contract is anticipated to be above 5% of the total bid price submitted. The name of any subcontractors or suppliers whose contract is anticipated to be at or below 5% of the total bid price is not required to be provided on the List.
Such list of subcontractors and major material suppliers is a part of the OFFER and shall be submitted when applicable. NO BID FOR WORK INVOLVING THESE CLASSIFICATIONS WILL BE VALID WITHOUT THE COMPLETE LISTING OF BOTH SUBCONTRACTORS AND MAJOR MATERIAL SUPPLIERS.
To the extent applicable under A.R.S. § 41-4401, Bidder warrants its and its subcontractors’ compliance with all federal immigration laws and regulations that relate to their compliance with the E-verify requirements under A.R.S. § 23-214(A). Bidder’s or its subcontractors’ breach of the above-mentioned warranty shall be deemed a material breach of the Agreement and may result in the termination of the Agreement by the City of El Mirage. The City of El Mirage retains the legal right to randomly inspect the papers and records of Bidder and its subcontractors to ensure that the Bidder and its subcontractors are complying with the above-mentioned warranty.
The Bidder warrants to keep the papers and records open for random inspection during normal business hours by the City of El Mirage. The Bidder shall cooperate with the City of El Mirage’s random inspections including granting the City entry rights to Bidder's property to perform the random inspections and waiving its right to keep such papers and records confidential. The failure of Bidder to comply with this warranty regarding the keeping of papers and records and cooperating with the City’s random inspections shall constitute a material breach of the Agreement and the City shall have the right to immediately terminate the Agreement.
The Bidder further agrees to include the following language in all subcontracts entered into by Bidder with any person or entity to perform work on the Agreement and to terminate the agreement with any subcontractor who violates any of the warranties set forth in said language below.
To the extent applicable under A.R.S. § 41-4401, Subcontractor warrants to Bidder and the City of El Mirage Subcontractor’s compliance with all federal immigration laws and regulations that relate to its compliance with the E-verify requirements under A.R.S. § 23-214(A). Subcontractor’s breach of the above-mentioned warranty shall be deemed a material breach of the Agreement and may result in the termination of the subcontract by Bidder at the direction of the City of El Mirage. Subcontractor further acknowledges the City of El Mirage’s right to randomly inspect the papers and records of Subcontractor to ensure that Subcontractor is complying with the above-mentioned warranty. Subcontractor warrants to keep the papers and records open for random inspection during normal business hours by City of El Mirage. Subcontractor shall cooperate with City of El Mirage’s random inspections including granting the City entry rights to Subcontractor’s property to perform the random inspections and waiving their respective rights to keep such papers and records confidential. The failure of Subcontractor to comply with this warranty regarding the keeping of papers and records and failure to cooperate with the City’s random inspections shall constitute a material breach of the Agreement and the City shall have the right to immediately require Bidder to terminate the Agreement with Subcontractor.
The City shall obtain statements from the Bidder and their subcontractors certifying compliance with the Federal Immigration and Nationality Act (FINA) and all other Federal immigration laws and regulations relating to the immigration status of its employees. The Bidder and their subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the U.S. Department of Labor’s Immigration and Control Act for all employees performing work under this Contract.
The City may request verification of compliance for any employee or subcontractor performing work under the Contract. Should the City suspect or find that the Bidder or any of its subcontractors are not in compliance, then the City may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment. All costs necessary to verify compliance are the responsibility of the Bidder or its subcontractor.
Per A.R.S. §§ 35-393 and 393.01, Bidder certifies that they are not currently engaged in, and agrees for the duration of the agreement to not engage in, a boycott of Israel.
The Bidder agrees that none of its costs and none of the costs incurred by the Bidder or subcontractors will include any expense for any religious activity.
The undersigned by signing and submitting this Contract has the authority to certify the Bidder to the terms, representations and/or warrants of this Certification. The Bidder certifies to the best of its knowledge and belief that it and its principals: are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; have not within a three-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and have not within a three-year period preceding this Contract had one or more public transactions (Federal, State, or local) terminated for cause or default. shall immediately notify the City if, at any time during the term of this Contract, it is debarred, suspended, declared ineligible, or voluntarily excluded from participation. The City may pursue available remedies in the event of such occurrence, including immediate termination of this Contract. shall not enter into a subcontract or agreement with a person or organization that is debarred, suspended, declared ineligible, or voluntarily excluded from participation. The City may pursue available remedies in the event of such occurrence, including immediate termination of this Contract. The Bidder shall include without modification this Certification’s language, entitled “Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions,” with all or other contractors; in all lower tier covered transactions and in all solicitations for lower tier covered transactions in accordance with 45 C.F.R. Part 76. Should the Bidder not be able to provide this Certification, an explanation as to why shall be immediately provided to the City.
This Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section 3.908 of the Federal Acquisition Regulation; Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by the Contractor and copies provided to City upon request; and Contractor shall insert the substance of this clause, including this paragraph (3), in all subcontracts over the simplified acquisition threshold ($150,000 as of August 2017).
To the best of the Bidder's knowledge and belief: No Federal appropriated funds have been paid or shall be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It shall require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all sub awards at all tiers including subcontracts, subgrants and contracts under grants, loans and cooperative agreements and that all Subrecipients shall certify and disclose accordingly.
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.
Pursuant to and in compliance with A.R.S. § 35-394, Contractor hereby agrees and certifies that it does not currently, and agrees for the duration of this Agreement that Contractor will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Contractor also hereby agrees to indemnify and hold harmless the City, its officials, employees, and agents from any claims or causes of action relating to the City’s action based upon reliance upon this representation, including the payment of all costs and attorney fees incurred by the City in defending such as action.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload. If no subcontractors, submit the form with a "Not Applicable" statement
Please list a minimum of three (3) references whom the DSD – Engineering Division may contact. Please include the Reference's name, email and phone and Company's Name and Address for each entry.
In order to allow for an adequate evaluation, the City requires an offer in response to this Solicitation to be valid and irrevocable for sixty (60) days after the opening time and date.
Please provide purpose as applicable for the Special Terms and Conditions section.
EXAMPLE:
PURPOSE: The City received approval from the Maricopa County Human Services Department for FY2019/2020 Community Development Block Grant (CDBG) funding for the replacement of existing water mains within Downtown El Mirage. The primary project Base Bid item work will consist of the installation of approximately 2,600 linear feet of 6-inch C900 DR18 CL235 PVC water main; installation of 69 new 1” Municipex water service lines with new meter boxes, valves, and fittings; removal and replacement of street pavement sections; and construction of other related appurtenances and items of work within an existing Public Utility Easement between Alto Street and Palm Street from Thunderbird Road to End Street. Additional work includes, but is not limited to, the removal and replacement of curb and sidewalk, abandonment of existing water lines after the new water main has been placed in service, valve frame and cover adjustments, traffic control, mobilization and site restoration.
What kind of Licenses does the bidder require?
Q (Estimated Value): Is there an engineer's estimate or budget/range for this project?
A: No.
Q (Labor Requirements): Are there any Union Labor requirements to this contract?
A: No.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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