RFB-27-109 Construction Services Contract.pdf

Revised: April 1, 2025

CONSTRUCTION SERVICES CONTRACT

FOR DESIGN-BID-BUILD (DBB) PROJECT

Project Name: Pavement Replacement North End Phase II

CIP Project No: 0430-ROAD10

Contract Number: RFB-27-109

Awarded To: _______________________

Pavement Replacement North End Phase II Project No: 0430-ROAD10

RFB-27-109

Form No. CIP2.3 1 Construction Contract for DBB Revised: April 1, 2025 Awarded Contractor: _____________

CONSTRUCTION SERVICES CONTRACT

FOR DESIGN-BID-BUILD (DBB) PROJECT

This Contract (Agreement) is entered into as of the Effective Date in the executed Offer and Acceptance Form between the City of Yuma, an Arizona municipal corporation, (“City”) and _______________, an ____________ corporation (“Contractor”). The City and the Contractor may be referred to individually as a “Party” or collectively as the “Parties.” Capitalized terms shall have the meanings found in the Contract Documents listed in Section 5.0, unless otherwise defined in this Agreement.

The City and Contractor, in consideration of the mutual covenants, agree as follows:

1.0 CONSTRUCTION SERVICES

1.1 Contractor shall complete all Work as specified or indicated in the Contract Documents, each of which is incorporated by reference. The Work is known as and is referred to as Pavement Replacement North End Phase II and is generally described as follows:

The project includes removal of existing 72,554 SY of asphalt pavement, base course as needed, and sections of sidewalk and curb. Installation of approximately 1,787 linear feet of new 6-inch PVC C900 water main, including new service connections and fire hydrants. Construction of new pavement consisting of a structural section with 3 inches of asphalt concrete over existing or new aggregate base course (ABC) as needed. All sidewalks and ramps will be replaced to comply with ADA standards.

1.2 Contractor shall complete, provide and perform, or cause to be performed, all Work in a proper and workmanlike manner, with appropriate consideration for public safety and convenience, consistent with the highest standards of professional and construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expediency consistent with all as more particularly described in the Contract Documents.

2.0 CONTRACT TIME

2.1 Contractor shall submit to the City, on or before the Notice to Proceed date, a Critical

Path Method (CPM) Construction Progress Schedule indicating the times for starting and completing the various stages of the Work, including any Milestones specified in this Contract and as more fully described in the General Conditions and other Contract Documents. Revisions/updates to the CPM schedule shall be submitted to accurately reflect plans for completion of the Work no less frequently than on a monthly basis as part of the Contractor’s progress payment request.

2.2 Time is of the Essence. All of the time limits for Milestones, if any, for Substantial Completion and for Final Completion and readiness for final payments as stated in the Contract Documents, are of the essence for the Contract.

2.3 The Work shall be substantially complete within 180 calendar days after the date when the Contract Times commence to run as provided in the Notice to Proceed, and all Work shall be finally completed and ready for final payment in accordance with the Notice to Proceed within 30 calendar days after the date when the Contract Times commences to run.

Form No. CIP2.3 2

Revised: April 1, 2025 Awarded Contractor: _____________

2.4 Failure of Contractor to perform any covenant or condition contained in the Contract Documents within the time periods specified, shall constitute a material breach of this Contract entitling the City to terminate the Contract and to seek all the remedies or provided by law, unless Contractor applies for and receives an extension of time, in accordance with the procedures in the Contract Documents.

2.5 Failure of the City to insist upon the performance of any covenant or condition within the time periods specified shall not constitute a waiver of Contractor’s duty to perform every other covenant or condition within the designated periods, unless a specific waiver is granted in writing for each such covenant or condition.

2.6 The City’s agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provisions contained in the Contract Documents. Failure of Contractor to complete performance promptly within the additional time authorized in the waiver or extension of time agreement shall constitute a material breach of this Contract entitling the City to all the remedies or provided by law.

3.0 LIQUIDATED AND SPECIAL DAMAGES

3.1 The City and Contractor recognize that time is of the essence for this Contract and that the City will suffer financial loss, in addition to and apart from the costs described in Paragraph 3.2, if the Work and/or portions of the Work are not performed and completed within the times specified in Section 2, plus any extensions allowed in the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving, through legal or arbitration proceedings, the actual loss suffered by the City if the Work or portion of the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and Contractor agree that the amounts per day are reasonable estimates of such liquidated damages for delay (but not as a penalty) and that said amounts do in fact bear a reasonable relationship to the damage that would be sustained by the City, and Contractor agrees to pay such liquidated damages from the Notice to Proceed as provided.

3.1.1 Contractor shall pay the City One Thousand Seventy Dollars and No Cents ($1,070.00) for liquidated damages per MAG Section 108.9 for each calendar day that passes after the time specified for Substantial Completion (180 calendar days from the date of the Notice to Proceed) until the Work is substantially complete.

3.1.2 After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension granted by the City, Contractor shall pay the City Five Hundred Thirty-Five Dollars and No cents ($535.00) 50% of liquidated damages per MAG Section 108.9, for each calendar day that passes after the time the Work has been deemed substantially complete which also extends beyond the 30 calendar days specified in Section 2.3, until such time as the Work is finally complete and ready for final payment.

3.2 Special Damages: In addition to the amounts provided for liquidated damages, Contractor shall pay the City the actual costs reasonably incurred by the City for the

Form No. CIP2.3 3

Revised: April 1, 2025 Awarded Contractor: _____________

City’s CM, if applicable, the A/E and for engineering and inspection forces employed on the Work for each calendar day that expires after the time specified for Final Completion, including any extensions made in accordance with the Contract Documents, until the Work is finally complete.

3.3 The City may withhold and deduct from any payment due to Contractor the amount of liquidated damages, special damages, and other costs, such as Contractor’s failed testing costs or damages to other City property.

4.0 CONTRACT PRICE

The City shall pay Contractor for completion of the Work in accordance with the Contract Documents, an amount in current funds not to exceed the sum of _____________________ dollars and _______ cents ($X,XXX,XXX.XX) as more specifically in Contractor’s bid, and any additional amounts agreed to pursuant to valid Change Order, approved by the City.

5.0 CONTRACT DOCUMENTS

The following documents are incorporated into this Contract by reference and shall be considered part of this Agreement.

5.1 This Contract

5.2 The Project Drawings titled Pavement Replacement North End Phase II and dated

07/17/2026.

5.3 The project General Conditions and Supplementary Conditions

5.4 Certification & Addendum Acknowledgement Form

5.5 Performance Bond

5.6 Labor and Materials (Payment) Bond

5.7 Offer and Acceptance Form

5.8 Contractor’s List of Subcontractors (per bid submission).

5.9 Contractor’s Schedule of Manufacturers and Suppliers of Major Equipment and Material

Items (per bid submission).

5.10 The following which may be delivered or issued after the Effective Date of this Contract and are not attached:

A. Written Attachments

B. Work Change Directives C. Change Order(s)

6.0 MISCELLANEOUS

6.1 Controlling Law: Any action to enforce any provision of this Agreement or to obtain any remedy with respect this Agreement shall be brought exclusively in the Superior Court, Yuma County, Arizona (or as may be appropriate, in the Justice Courts of Yuma County, Arizona or in the United States District Court for the District of Arizona, John M. Roll Courthouse if, and only if, the Superior Court lacks jurisdiction over such action). The Parties expressly and irrevocably consent to the exclusive jurisdiction and venue of such courts and expressly waive the right to transfer or remove any such action.

Form No. CIP2.3 4

Revised: April 1, 2025 Awarded Contractor: _____________

6.2 This Contract may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

6.3 The failure of any Party to enforce against another Party any provision of this Contract shall not constitute a waiver of that Party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract.

6.4 The City and Contractor each bind the respective entities, partners, successors, assigns, and legal representatives to the other Party and to all covenants, agreements, and obligations contained in these Contract Documents.

6.5 Independent Contractor: Contractor agrees Contractor is an independent contractor and not an agent or employee of the City. Contractor shall supervise and direct the Work to be done, using the Contractor’s best skill and attention. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, procedures and for coordinating all portions of the Work, required by the Contract Documents. The Contractor shall be responsible to the City for the acts and omissions of the Contractor’s employees, subcontractors and their agents and employees, and other persons performing any of the Work under any Contract Documents.

6.6 Attorney’s Fees: Should litigation become necessary to enforce any term or provision of this Contract, or to collect any damages claimed or portion of the amount payable under this Contract, then all litigation and collection expenses, witness fees, court costs, and attorney's fees, shall be paid to the prevailing Party. Nothing shall preclude mediation if the Parties so elect in the event of a dispute.

6.7 Conflict of Interest: In accordance with the provisions of Arizona Revised Statutes § 38- 511, as amended, the City may cancel any contract it is a party to within three years after contract execution and without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the City is, at any time while the contract or any extension is in effect, an employee or agent of any other Party to the contract in any capacity or a consultant to any other Party to the contract with respect to the subject matter of the contract. In the event the City elects to exercise the City’s rights under Arizona Revised Statutes § 38- 511, as amended, the City agrees to immediately give notice to Contractor.

6.8 Notices: Unless otherwise provided, all notices, demands, or other communication required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given and received either (a) on the date of service if personally served on the Party to whom notice is to be given, or (b) on the third day after the date of the postmark of deposit by first class US mail, registered or certified, postage prepaid, or (c) the following business day after the date given to a recognized and reputable overnight delivery service, and properly addressed as below, or at such other address, and to the attention of such other person or officer, as any Party may designate in writing by notice duly given pursuant to this subsection:

If to the City: If to Contractor:

David Wostenberg Awarded Contractor Name City Engineer Contact Person

Form No. CIP2.3 5

Revised: April 1, 2025 Awarded Contractor: _____________

155 W. 14th Street Address Yuma, Arizona 85364 City, State & Zip Code

COPIES TO:

Richard W. Files City Attorney City of Yuma One City Plaza Yuma, AZ 85364

If a copy of a notice is also given to a Party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a Party shall mean and refer to the date on which the Party, and not the Party’s counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice.

6.9 Amendments and Waiver: No amendment or waiver of any provision of these Contract Documents nor consent to any departure by the City shall be effective unless the same shall be in writing and signed by the City. Such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No waiver by the City of any default or breach by Contractor shall be deemed to be or constitute a waiver of any other or subsequent default or breach. The City specifically reserves and shall have all rights and remedies available to it under the provisions of the Contract Documents.

6.10 Severability: The provisions of this Contract are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Contract which may remain in effect without the invalid provision or application.

6.11 Immigration Law Compliance Warranty:

6.11.1 As required by A.R.S. § 41-4401, Contractor warrants compliance with all federal immigration laws and regulations that relate to the Contractor’s employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor verifies the employment eligibility of the employee through the E-Verify program.

6.11.2 If Contractor uses any subcontractors in performance of the Work, subcontractors shall warrant compliance with all federal immigration laws and regulations that relate to the employees of the subcontractors and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program.

6.11.3 A breach of this warranty shall be deemed a material breach of the Contract that is subject to damages up to and including termination of the Contract.

Contractor is subject to contractual damages of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third

Form No. CIP2.3 6

Revised: April 1, 2025 Awarded Contractor: _____________ violation. The City may, at the City’s option, terminate the Contract after the third violation. Contractor shall not be deemed in material breach of this Contract if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A).

6.11.4 The City retains the legal right to inspect the identification documents of any Contractor or subcontractor employee who works on the Contract to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times.

6.11.5 If state law is amended, the Parties may modify this paragraph accordingly.

6.12 Equal Treatment of Workers: Contractor shall keep fully informed of all federal and state laws, county and local ordinances, regulations, codes and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any way affect the conduct of the Work. Contractor shall at all times observe and comply with all such laws, ordinances, regulations, codes, orders and decrees; this includes, but is not limited to, laws and regulations ensuring equal treatment for all employees and against unfair employment practices, including the Occupational Safety and Health Administration (“OSHA”) and the Fair Labor Standards Act (“FLSA”). Contractor shall protect and indemnify the City and representatives of the City against any claim or liability arising from or based on the violation of such, whether by Contractor or by employees of the Contractor.

6.13 Equal Employment Opportunity Provisions: The following provisions, contained in Section 301 of Executive Order No. 11246, dated September 24, 1965, as amended, govern performance of work under the City contracts, are applicable to all the City contracts, and must be included in all contracts executed by the City for the performance of work. In this document, the term "contract" means all contracts awarded by the City, and the term "Contractor," means parties awarded contracts by the City.

6.13.1 Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or disability in the performance of this Contract, and shall comply with the terms and intent of Title VII of the Civil Rights Act of 1964, P.L. 88-354 (1964) and State Executive Order No. 2009-09. Such action includes 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. Contractor agrees to post notices provided by the City, setting forth the provisions of this Equal Opportunity clause, in conspicuous places available to employees and applicants for employment.

6.13.2 Contractor will state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or disability, in all solicitations or advertisements for employees placed by or on behalf of Contractor.

Form No. CIP2.3 7

Revised: April 1, 2025 Awarded Contractor: _____________

6.13.3 Contractor will comply with all provisions of Executive Order No. 11246, dated September 24, 1965, as amended, and with all the rules, regulations, and relevant orders of the Secretary of Labor.

6.13.4 Contractor will furnish all information and reports required by Executive Order No. 11246, dated September 24, 1965, as amended, and by the rules, regulations, and orders of the Secretary of Labor, and will allow the City and the Secretary of Labor to access his books, records, and accounts in order to ascertain compliance with such rules, regulations, and orders.

6.13.5 The Contract may be canceled, terminated, or suspended, in whole or in part if the Contractor does not comply with the provisions of this document. Other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246, dated September 24, 1965, as amended, under rules, regulations, or orders of the Secretary of Labor, or as otherwise provided by law. Further, Contractor may be declared ineligible for further City Contracts in accordance with procedures authorized in Executive Order No. 11246, dated September 24, 1965, as amended.

6.13.6 Contractor must include the provisions of subdivisions 6.13.1 through 6.13.6 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontract or vendor.

6.14 Boycott of Israel: The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 35-393.01. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Contract that the Contractor will not engage in a boycott of Israel, as that term is defined in A.R.S. § 35-393.

6.15 Additional Federal Laws: Contractor understands and acknowledges the applicability of the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to it. The Contractor agrees to comply with these laws in performing this Contract and to permit the City to verify such compliance.

6.16 Provisions Required by Law: 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 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 promptly be physically amended to make such insertion or correction.

6.17 Force Majeure: Neither Party shall be in default by reason of any failure in performance of this Contract if such failure arises out of causes beyond their reasonable control and without the fault or negligence of said Party including, unforeseeable Acts of God;

terrorism or other acts of public enemy; war and epidemics or quarantine restrictions. If either Party is delayed at any time in the progress of the Work by force majeure, the delayed Party shall notify the other Party in writing of such delay, as soon as is practical, of the commencement and shall specify the causes of such delay in the notice. The notice shall be hand-delivered or mailed certified-return receipt and shall make a specific reference to this provision. The delayed Party shall cause such delay to cease as soon

Form No. CIP2.3 8

Revised: April 1, 2025 Awarded Contractor: _____________ as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed Party from performing in accordance with this contract.

6.18 Authorization: Each Party warrants and represents that it has full power and authority to enter into and perform this Contract and the person signing on behalf of each Party has been properly authorized and empowered to enter this Contract. Each Party further acknowledges it has read this Contract, understands it, and agrees to be bound by it.

6.19 Exhibits: All exhibits referenced in this Contract are attached and incorporated by reference into this Contract.

6.20 Americans with Disabilities Act (ADA): Contractor shall comply with the ADA and shall indemnify the City for any costs, including but not limited to, damages, attorney's fees, and staff time in any action or proceeding brought alleging violation of the ADA.

6.21 International Boycotts: Contractor shall not participate in or cooperate with an international boycott, as defined in Section 999(b)(3) and (4) of the Internal Revenue Code of 1954, as amended, or engage in conduct declared to be unlawful by Arizona state law.

6.22 Forced Labor of Ethnic Uyghurs Prohibited: Contractor shall comply with the applicable requirements of Arizona Revised Statutes § 35-394 and certifies and agrees Contractor does not currently use and will not use for the term of this Contract: (i) the forced labor of ethnic Uyghurs in the People’s Republic of China; or (ii) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (iii) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. If the Contractor becomes aware of such a prohibited use of forced labor, Contractor shall notify the City within five days after.

6.23 Laws and Regulations: Contractor shall comply with all federal, state, and local laws, regulations, and ordinances applicable to the performance under this Contract.

Contractor shall include similar requirements of all subcontractors in contracts entered for performance of Contractor's obligations under this Contract. Contractor shall keep fully informed and shall at all times during the performance of duties under this Contract ensure that the Contractor and any persons for whom the Contractor is responsible abide by, and remain in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future City and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards.

6.24 Electronic Signature: The signatures on this Contract may be an original signature, or an original signature that has been replicated by photocopy, electronic or other digital means or fax.

OFFER AND ACCEPTANCE FORM ATTACHED (After Fully Executed)