Downtown Revitalization Phase 1 Addendum #1

Agency:	City of Page
State:	Arizona
Type of Government:	State & Local
Posted Date:	Mar 5, 2024
Due Date:	Mar 28, 2024
Bid Source:	Please Login to View Page
Contact information:	Please Login to View Page
Bid Documents:	Please Login to View Page

Attachment Preview

NOTICE OF ADDENDUM

Date: 3/5/2024

RE: CITY OF PAGE DOWNTOWN REVITALIZATION PHASE 1

Revisions have been made to the contract documents. The revisions are for contract

clarity, adjustments in dates, liquidated damage cost and minimum liability

requirements.

It is the responsibility of all BIDDERs to examine the entire BID DOCUMENTS and

ADDENDUMS and seek clarification of any requirement that may not be clear and to check

all responses for accuracy before submitting a BID.

The original Bid Form and this Addendum, and associated attachments, shall be submitted

with an original ink signature by the person authorized to sign the BID.

No change to bid submittal date.

Sealed bids, including all addendums will be received by the City Clerk for the City of

Page, Page City Hall, 697 Vista Avenue, Page, Arizona, until 4:30 PM, March 28, 2024

Kyle Christiansen

Director of Public Works

City of Page

COP Downtown Revitalization PH1

Addendum #1

February 19, 2024

Bidder’s Initials _____

2-2 REVISED CONTRACT

PROJECT

CITY

CONTRACTOR

CITY OF PAGE DOWNTOWN REVITALIZATION PHASE 1

CITY OF PAGE

697 VISTA AVENUE

PAGE, ARIZONA 86040

_____________________________________

The following Agreement contains terms and conditions which CONTRACTOR must be prepared

to accept upon receipt of a NOTICE OF AWARD.

This Contract (“CONTRACT”) is made and entered into by and between the City of Page, an

Arizona municipal corporation, (hereinafter “CITY”), and _____________________ (hereinafter

“CONTRACTOR”).

IN CONSIDERATION of the mutual promises and agreements set forth herein, it is agreed by and

between the CITY and CONTRACTOR, as follows:

1. CONTRACT DOCUMENTS. The following documents are hereby incorporated by

reference into this CONTRACT, and shall be referred to as the CONTRACT DOCUMENTS:

A. Bid Documents to include the (1) Notice of Invitation for Bid; (2) Instructions to Bidders;

(3) Bid Form; (4) Bid Schedules; (5) Contractor’s Reference Page; (6) List of Subcontractors

and Material Vendors; (7) Statement of Bidder Qualification; and (8) Arizona Statutory Bid

Bond.

B. Contract Agreement Documents to include the (1) Notice of Award; (2) Contract; (3)

Arizona Statutory Payment Bond; (4) Arizona Statutory Performance Bond; and (5) Notice to

Proceed.

C. General Conditions

D. Technical Specifications

E. Addenda to the Plans and Specifications, if any

F. Project Construction Plans

G. Uniform Standard Specifications for Public Works Construction, latest edition as

administered by the Maricopa Association of Governments.

COP Downtown Revitalization PH1

Addendum #1

February 19, 2024

Bidder’s Initials _____

The above-named documents are essential parts of this CONTRACT, and a requirement

occurring in one is as binding as though occurring in all. They are intended to be complimentary

and to describe and provide for a complete work. CONTRACTOR agrees to be bound by all terms,

conditions, covenants, and obligations in the CONTRACT DOCUMENTS as if each were again

fully set forth verbatim herein. In the event any document conflicts or contradicts this instrument,

this instrument shall control.

2. The date of commencement of the project shall be the date fixed in the “Notice to Proceed”

issued by the City of Page. The Contract Time shall be measured from the date of

commencement.

The CONTRACTOR shall achieve substantial completion of the entire project not later than

December 31, 2024, subject to adjustments of this contract time with approval of the CITY. The

Parties acknowledge that time is of the essence and that completion of this project within the

monetary and time constraints placed on the project is of utmost importance and CITY has

considered and relied on CONTRACTOR’S representations as to its quality of service

commitment in entering into this CONTRACT. The Parties further recognize that quantified

standards of performance are necessary and appropriate to ensure that the project is completed

competently within budget and on time. The Parties further recognize that if CONTRACTOR fails

to achieve the performance standards, CITY and its residents will suffer damages and that it is

and will be impracticable and extremely difficult to ascertain and determine the exact amount of

damages that CITY will suffer. Therefore, the Parties agree that in the event the CONTRACTOR

fails to complete this CONTRACT on or before the completion date as specified herein, liquidated

damage shall be assessed in the amount of $250.00 per day that the CONTRACT remains

unfinished. This amount represents a reasonable estimate of the amount of such damages

considering all of the circumstances existing on the date of this CONTRACT, including the

relationship of the sums to the range of harm to CITY and its residents that reasonably could be

anticipated and recognition that proof of actual damages would be costly or inconvenient.

3. PAYMENT. In consideration of the services specified in this CONTRACT, CITY agrees to pay

CONTRACTOR in the manner hereinafter specified.

CONTRACTOR shall provide detailed documentation in support of requested progress

payments in accordance with A.R.S. § 34-221. CITY shall then make payments in accordance

with its obligation as provided by A.R.S. § 34-221. Any payments made shall not prevent the

Owner from subsequently objecting to charges after payment therefore in appropriate cases, or

from seeking reimbursement for any such charges. Retention will be in accordance with A.R.S. §

34-221.

In no event shall the total payment(s) paid to the CONTRACTOR under this CONTRACT exceed

$_____________

Nothing in this CONTRACT shall create any obligation on the part of CITY to pay or see to the

payment of any money due any subcontractor, except as may be required by law.

4. SCOPE OF SERVICES. CONTRACTOR shall provide for CITY all labor, materials and

equipment necessary to perform THE WORK provided for in the CONTRACT DOCUMENTS. All

work shall be done in a skillful and workmanlike manner per specifications called for in the

CONTRACT DOCUMENTS.

COP Downtown Revitalization PH1

Addendum #1

February 19, 2024

Bidder’s Initials _____

5. CONTRACTOR/SUBCONTRACTOR PERFORMANCE. CONTRACTOR shall perform the

work in accordance with the terms of this CONTRACT and to the best of CONTRACTOR’S ability.

CONTRACTOR agrees to exercise the skill and care, which would be exercised by comparable

professional Contractors performing similar services at the time and in the locality such services

are performed. Furthermore, CONTRACTOR shall perform the work or services in accordance

with generally accepted methods and standards.

CONTRACTOR shall employ suitably trained and skilled personnel to perform all work or services

under this CONTRACT. If failure to meet acceptable standards results in faulty work,

CONTRACTOR shall undertake, at CONTRACTORS own expense, corrective adjustments,

modifications, or repair.

CONTRACTOR shall be fully responsible for all acts and omissions of its subcontractor(s) and of

persons directly or indirectly employed by subcontractor(s).

6. INSURANCE. CONTRACTOR, at his own expense, shall purchase and maintain the herein

stipulated minimum insurance with companies duly licensed and subject to legal process within

the State of Arizona, possessing a current A.M. Best, Inc. Rating of A- or better.

All insurance required herein shall be maintained in full force and effect until all work or services

required to be performed under the terms of this CONTRACT is satisfactorily completed; failure

to do so may, at the sole discretion of CITY, constitute a material breach of this CONTRACT.

CONTRACTOR’s insurance shall be primary insurance in regard to the CITY, and any insurance

or self-insurance maintained by CITY shall not contribute to it. The insurance policies shall contain

a waiver of transfer rights of recovery (subrogation) against CITY, its agents, officers, officials and

employees for any claims arising out of CONTRACTOR’s acts, errors, mistakes, omissions, work

or services. The City shall be named as an additional insured.

Prior to commencing work or services under this CONTRACT, CONTRACTOR shall furnish the

CITY with Certificates of insurance, or formal endorsements as required by this CONTRACT,

issued by CONTRACTOR’s insurer(s), as evidence that policies providing the required coverage,

conditions and limits required herein are in full force and effect. All Certificates of Insurance shall

be identified with the bid number and title.

If a policy does expire during the life of this CONTRACT, a renewal certificate must be sent to

CITY fifteen days prior to the expiration date. Insurance required herein shall not expire, be

cancelled, or materially changed without thirty (30) days written notice to CITY.

The CONTRACTOR shall carry at all times the following insurance coverage:

Comprehensive Commercial General Liability:

Limits: Combined single Limit Bodily Injury/Property damage- not less than $2,000,000.

Automobile Liability:

Limits: Bodily Injury-

Property Damage-

$250,000 each person

$500,000 each occurrence

$100,000 each occurrence

COP Downtown Revitalization PH1

Addendum #1

February 19, 2024

Bidder’s Initials _____

Workers’ Compensation:

The CONTRACTOR shall carry Workers' Compensation insurance to cover obligations imposed by

federal and state statutes having jurisdiction over the Contractor's employees engaged in the

performance of the work or services; 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, this CONTRACT will require the Subcontractor to provide

Workers' Compensation and Employer's Liability to at least the same extent as required of this

CONTRACTOR.

7. INDEMNIFICATION. To the fullest extent permitted by law, CONTRACTOR shall indemnify,

defend and hold harmless CITY, its agents, officers, officials and employees from and against

any and all claims, demands, suits, actions, proceedings, loss, cost and damages of every kind

and description, including any reasonable attorney fees, which may be brought or made against

or incurred by CITY on account of (1) loss or damage to any property or interest of CITY, its

officers, employees and agents, or any damages, injury to person or property, or death of any

person arising out of, relating to, or alleged to have resulted from any acts, errors, omissions,

work, or services of CONTRACTOR, its employees, agents, representatives, or subcontractors,

their employees, agents, or representatives, (2) any workers’ compensation claims,

unemployment compensation claims or unemployment disability claims of employees of

CONTRACTOR or claims under similar such laws or obligations. This indemnification shall not

extend to any loss, damage, injury, or death to the extent caused by the negligence or willful

misconduct of CITY, or its employees.

The amount and type of insurance coverage requirements set forth within this CONTRACT

shall in no way be construed as limiting the scope of the indemnity as set forth herein.

8. INDEPENDENT CONTRACTOR STATUS. Both parties agree that: (a) the work contracted for

in this CONTRACT falls within the distinct nature of CONTRACTOR’S business; (b) the nature of

the work contained within this CONTRACT is specialized, and CITY has elected to contract out

the work rather than attempt to perform the work with its current workforce; (c) CONTRACTOR is

an incorporated business that possesses the personnel and materials necessary to perform the

work; (d) the relationship of the work provided by CONTRACTOR has no relationship to the

regular business conducted by CITY; (e) it is understood and agreed that CONTRACTOR is an

independent contractor, and nothing herein contained shall constitute, create, give rise to, or

otherwise recognize an employment relationship, joint venture, partnership, or formal business

association or organization of any kind between the parties hereto, other than as contracting

parties, nor shall CONTRACTOR or any subcontractor, or any employee of CONTRACTOR or

any subcontractor be deemed to be employed by CITY or entitled to any remuneration or other

benefits from the CITY, other than as set forth in this CONTRACT.

9. ASSIGNMENT. CONTRACTOR shall not assign its rights to this CONTRACT, in whole or in

part, without prior written approval of CITY. Approval may be withheld at the sole discretion of

CITY, provided that such approval shall not be unreasonably withheld.

10. AUTHORITY TO CONTRACT. CONTRACTOR warrants its right and power to enter into this

CONTRACT. If any court or administrative agency determines that CITY does not have authority

to enter into this CONTRACT, CITY shall not be liable to CONTRACTOR or any third party by

reason of such determination or by reason of this CONTRACT.

COP Downtown Revitalization PH1

Addendum #1

February 19, 2024

Bidder’s Initials _____

Downtown Revitalization Phase 1 Addendum #1

Attachment Preview

Sign-up for a Free Trial, Government Bid Alerts

See Also